2005 California Government Code Sections 17575-17581.5 Article 2. Specific Costs Mandated by the State

17575.  When a bill is introduced in the Legislature, and each time
a bill is amended, on and after January 1, 1985, the Legislative
Counsel shall determine whether the bill mandates a new program or
higher level of service pursuant to Section 6 of Article XIIIB of the
California Constitution.  The Legislative Counsel shall make this
determination known in the digest of the bill and shall describe in
the digest the basis for this determination.  The determination by
the Legislative Counsel shall not be binding on the commission in
making its determination pursuant to Section 17555.
17576.  Whenever the Legislative Counsel determines that a bill will
mandate a new program or higher level of service pursuant to Section
6 of Article XIII B of the California Constitution, the Department
of Finance shall prepare an estimate of the amount of reimbursement
which will be required.  This estimate shall be prepared for the
respective committees of each house of the Legislature which consider
taxation measures and appropriation measures and shall be prepared
prior to any hearing on the bill by any such committee.
17577.  The estimate required by Section 17576 shall be the amount
estimated to be required during the first fiscal year of a bill's
operation in order to reimburse local agencies and school districts
for costs mandated by the state by the bill.
17578.  In the event that a bill is amended on the floor of either
house, whether by adoption of the report of a conference committee or
otherwise, in such a manner as to mandate a new program or higher
level of service pursuant to Section 6 of Article XIIIB of the
California Constitution, the Legislative Counsel shall immediately
inform, respectively, the Speaker of the Assembly and the President
of the Senate of that fact.  Notification from the Legislative
Counsel shall be published in the journal of the respective houses of
the Legislature.
17579.  Any bill introduced or amended for which the Legislative
Counsel has determined the bill will mandate a new program or higher
level of service pursuant to Section 6 of Article XIIIB of the
California Constitution shall contain a section specifying that
reimbursement shall be made pursuant to this chapter or that the
mandate is being disclaimed and the reason therefor.
17581.  (a) No local agency shall be required to implement or give
effect to any statute or executive order, or portion thereof, during
any fiscal year and for the period immediately following that fiscal
year for which the Budget Act has not been enacted for the subsequent
fiscal year if all of the following apply:
   (1) The statute or executive order, or portion thereof, has been
determined by the Legislature, the commission, or any court to
mandate a new program or higher level of service requiring
reimbursement of local agencies pursuant to Section 6 of Article
XIIIB of the California Constitution.
   (2) The statute or executive order, or portion thereof, or the
commission's test claim number, has been specifically identified by
the Legislature in the Budget Act for the fiscal year as being one
for which reimbursement is not provided for that fiscal year. For
purposes of this paragraph, a mandate shall be considered to have
been specifically identified by the Legislature only if it has been
included within the schedule of reimbursable mandates shown in the
Budget Act and it is specifically identified in the language of a
provision of the item providing the appropriation for mandate
reimbursements.
   (b) Notwithstanding any other provision of law, if a local agency
elects to implement or give effect to a statute or executive order
described in subdivision (a), the local agency may assess fees to
persons or entities which benefit from the statute or executive
order. Any fee assessed pursuant to this subdivision shall not exceed
the costs reasonably borne by the local agency.
   (c) This section shall not apply to any state-mandated local
program for the trial courts, as specified in Section 77203.
   (d) This section shall not apply to any state-mandated local
program for which the reimbursement funding counts toward the minimum
General Fund requirements of Section 8 of Article XVI of the
Constitution.
17581.5.  (a) A school district may not be required to implement or
give effect to the statutes, or portion thereof, identified in
subdivision (b) during any fiscal year and for the period immediately
following that fiscal year for which the Budget Act has not been
enacted for the subsequent fiscal year if all of the following apply:
   (1) The statute or portion thereof, has been determined by the
Legislature, the commission, or any court to mandate a new program or
higher level of service requiring reimbursement of school districts
pursuant to Section 6 of Article XIIIB of the California
Constitution.
   (2) The statute, or portion thereof, or the test claim number
utilized by the commission, has been specifically identified by the
Legislature in the Budget Act for the fiscal year as being one for
which reimbursement is not provided for that fiscal year. For
purposes of this paragraph, a mandate shall be considered to have
been specifically identified by the Legislature only if it has been
included within the schedule of reimbursable mandates shown in the
Budget Act and it is specifically identified in the language of a
provision of the item providing the appropriation for mandate
reimbursements.
   (b) This section applies only to the following mandates:
   (1) The School Bus Safety I (CSM-4433) and II (97-TC-22) mandates
(Chapter 642 of the Statutes of 1992; Chapter 831 of the Statutes of
1994; and Chapter 739 of the Statutes of 1997).
   (2) The School Crimes Reporting II mandate (97-TC-03; and Chapter
759 of the Statutes of 1992 and Chapter 410 of the Statutes of 1995).
   (3) Investment reports (96-358-02; and Chapter 783 of the Statutes
of 1995 and Chapters 156 and 749 of the Statutes of 1996).
   (4) County treasury oversight committees (96-365-03; and Chapter
784 of the Statutes of 1995 and Chapter 156 of the Statutes of 1996).
   (5) Grand jury proceedings mandate (98-TC-27; and Chapter 1170 of
the Statutes of 1996, Chapter 443 of the Statutes of 1997, and
Chapter 230 of the Statutes of 1998).