2007 California Government Code Chapter 2.5. County Revenue Stabilization

CA Codes (gov:16265-16265.7)

16265.  This chapter shall be known and may be cited as the
"Bergeson-Costa-Nielsen County Revenue Stabilization Act of 1987."



16265.1.  The Legislature finds and declares all of the following:
   (a) The provision of basic social welfare, public health, and
justice programs by counties is a matter of statewide interest.
   (b) In some cases, the costs of these programs have grown more
quickly than the counties' own general purpose revenues.
   (c) A county should not be required to drastically divert its own
general purpose revenues from other public programs in order to pay
for basic social welfare, public health, and justice programs.
   (d) California residents should not be denied the benefits of
these programs because counties are hampered by a severe lack of
funds for these purposes.
   (e) Accordingly, it is the intent of the Legislature in enacting
this chapter to protect the public peace, health, and safety by
stabilizing counties' revenues.



16265.2.  As used in this chapter:
   (a) "County" means a county and a city and county.
   (b) "County costs of eligible programs" means the amount of money
other than federal and state funds, as reported by the State
Department of Social Services to the Department of Finance or as
derived from the Controller's "Annual Report of Financial
Transactions Concerning Counties of California," that each county
spends for each of the following:
   (1) The Aid to Families with Dependent Children for Family Group
and Unemployed Parents programs plus county administrative costs for
each program minus the county's share of child support collections
for each program, as described in Sections 10100, 10101, and 11250
of, and subdivisions (a) and (b) of Section 15200 of, the Welfare and
Institutions Code.
   (2) The county share of the cost of service provided for the
In-Home Supportive Services Program, as described in Sections 10100,
10101, and 12306 of the Welfare and Institutions Code.
   (3) The community mental health program, as described in Section
5705 of the Welfare and Institutions Code.
   (4) The county share of the Food Stamp Program, as described in
Section 18906.5 of the Welfare and Institutions Code.
   (c) "County costs of justice programs" means the amount of money
other than federal and state funds, as reported in the Controller's
"Annual Report of Financial Transactions Concerning Counties of
California," that each county spends for each of the following:
   (1) Superior courts.
   (2) District attorney.
   (3) Public defender.
   (4) Probation.
   (5) Correctional facilities.
   "County costs of justice programs" does not include any costs
eligible for reimbursement to the county pursuant to Chapter 3
(commencing with Section 15200) of Part 6 of Division 3.
   (d) "General purpose revenues" means revenues received by a county
whose purpose is not restricted by state law to a particular purpose
or program, as reported in the Controller's "Annual Report of
Financial Transactions Concerning Counties of California."  "General
purpose revenues" are limited to all of the following:
   (1) Property tax revenues, exclusive of those revenues dedicated
to repay voter approved indebtedness, received pursuant to Part 0.5
(commencing with Section 50) of Division 1 of the Revenue and
Taxation Code, or received pursuant to Section 33401 of the Health
and Safety Code.
   (2) Sales tax revenues received pursuant to Part 1 (commencing the
Section 6001) of Division 2 of the Revenue and Taxation Code.
   (3) Any other taxes levied by a county.
   (4) Fines and forfeitures.
   (5) Licenses, permits, and franchises.
   (6) Revenue derived from the use of money and property.
   (7) Vehicle license fees received pursuant to Section 11005 of the
Revenue and Taxation Code.
   (8) Trailer coach fees received pursuant to Section 11003.3 of the
Revenue and Taxation Code.
   (9) Revenues from cigarette taxes received pursuant to Part 13
(commencing with Section 30001) of Division 2 of the Revenue and
Taxation Code.
   (10) Revenue received as open-space subventions pursuant to
Chapter 3 (commencing with Section 16140) of Part 1.
   (11) Revenue received as homeowners' property tax exemption
subventions pursuant to Chapter 2 (commencing with Section 16120) of
Part 1.
   (12) General revenue sharing funds received from the federal
government.
   "General purpose revenues" does not include revenues received by a
county pursuant to Chapter 3 (commencing with Section 15200) of Part
6 of Division 3.


16265.3.  (a) On or before October 31, 1988, the Director of Finance
shall:
   (1) Determine for each county the county costs of eligible
programs and each county's general purpose revenues for the 1981-82
fiscal year.
   (2) Determine a percentage for each  county by dividing the county
costs of eligible programs by the general purposes revenues for the
1981-82 fiscal year.
   (3) Make the determination as prescribed in paragraphs (1) and (2)
for each county for the 1986-87 fiscal year.
   (4) Compare the percentage determined pursuant to paragraph (3)
with the percentage determined pursuant to paragraph (2).
   (5) If the percentage determined pursuant to paragraph (3) is
greater than the percentage determined pursuant to paragraph (2),
determine an amount necessary to offset the difference.
   (6) Determine an amount which is the sum of the amounts for all
counties determined pursuant to paragraph (5).
   (b) On or before October 31, 1988, the Director of Finance shall:

   (1) Determine for each county the county costs of justice programs
and each county's general purpose revenues for the 1981-82 fiscal
year.
   (2) Determine a percentage for each county by dividing the county
costs of justice programs by the general purpose revenues for the
1981-82 fiscal year.
   (3) Make the determination as prescribed in paragraphs (1) and (2)
for each county for the 1986-87 fiscal year.
   (4) Compare the percentage determined pursuant to paragraph (3)
with the percentage determined pursuant to paragraph (2).
   (5) If the percentage determined pursuant to paragraph (3) is
greater than the percentage determined pursuant to paragraph (2),
determine an amount necessary to offset the difference, provided that
the amount shall not be greater than one million dollars
(,000,000).
   (6) Determine an amount which is the sum of the amounts for all
counties determined pursuant to paragraph (5).
   (7) Determine a percentage for each county by dividing the amount
determined for that county pursuant to paragraph (5) by the amount
for all counties determined pursuant to paragraph (6).
   (8) Determine an amount which is the sum of the amounts for all
counties determined pursuant to paragraph (5) of subdivision (a).
   (9) Determine an amount by subtracting the amount determined
pursuant to paragraph (8) from fifteen million dollars (,000,000).

   (10) Determine an amount for each county by multiplying the amount
determined pursuant to paragraph (9) by the percentage determined
pursuant to paragraph (7).
   (c) On or before October 31, 1988, the Director of Finance shall
certify the amounts determined for each county pursuant to paragraph
(5) of subdivision (a) and paragraph (10) of subdivision (b).
   (d) On or before November 30, 1988, the Controller shall issue a
warrant to each county, as applicable, in the amount certified by the
Director of Finance under subdivision (c).



16265.4.  (a) On or before October 31, 1989, and each year
thereafter, the Director of Finance shall:
   (1) Determine the percentage for each county which was determined
for the 1981-82 fiscal year pursuant to paragraph (2) of subdivision
(a) of Section 16265.3.
   (2) Make the determination as prescribed by paragraphs (1) and (2)
of subdivision (a) of Section 16265.3 for each county for the
1987-88 fiscal year, and for each fiscal year thereafter.
   (3) Compare the percentage determined pursuant to paragraph (2)
with the percentage determined pursuant to paragraph (1).
   (4) For any fiscal year in which the percentage determined
pursuant to paragraph (2) is greater than the percentage determined
pursuant to paragraph (1), make the determinations prescribed by
paragraphs (5) and (6) of subdivision (a) of Section 16265.3.
   (b) On or before October 31, 1989, and on or before October 31 of
each year thereafter, the Director of Finance shall:
   (1) Determine the percentage for each county which was determined
for the 1981-82 fiscal year pursuant to paragraph (2) of subdivision
(b) of Section 16265.3.
   (2) Make the determination prescribed by paragraphs (1) and (2) of
subdivision (b) of Section 16265.3 for each county for the 1987-88
fiscal year, and for each fiscal year thereafter.
   (3) Compare the percentage determined pursuant to paragraph (2)
with the percentage determined pursuant to paragraph (1).
   (4) For any fiscal year in which the percentage determined
pursuant to paragraph (2) is greater than the percentage determined
pursuant to paragraph (1), make the determinations prescribed by
paragraphs (5) to (10), inclusive, of subdivision (b) of Section
16265.3.
   (c) On or before October 31, 1989, and on or before October 31 of
each year thereafter, the Director of Finance shall determine an
amount for each county as prescribed by paragraph (5) of subdivision
(a) of Section 16265.3 for the applicable fiscal year and paragraph
(4) of subdivision (b).
   (d) On or before October 31, 1989, and on or before October 31 of
each year thereafter, the Director of Finance shall certify the
amount determined for each county pursuant to subdivision (c) to the
Controller.
   (e) On or before November 30, 1989, and on or before November 30
of each year thereafter, the Controller shall issue a warrant to each
county, as applicable, in the amount certified by the Director of
Finance under subdivision (d).


16265.5.  If a statute appropriates more than fifteen million
dollars (,000,000) for the purposes of this chapter in a fiscal
year, then Sections 16265.3 and 16265.4 shall not apply to the
allocation of that amount of money which is greater than fifteen
million dollars (,000,000).  It is the intent of the Legislature
to allocate any amount of money greater than fifteen million dollars
(,000,000) based on criteria which shall consider the costs to
counties of welfare, justice programs, and indigent health care.



16265.6.  Notwithstanding any other provision of this chapter, once
the Legislature has fully implemented the fiscal provisions of the
Trial Court Funding Act of 1985, as contained in Chapter 13
(commencing with Section 77000) of Title 8, the Director of Finance
shall not make the determinations pursuant to subdivision (b) of
Section 16265.3 and subdivisions (b) of Section 16265.4.



16265.7.  (a) The state's liability under this chapter shall be
limited to the amounts appropriated for this purpose.
   (b) Moneys distributed to counties pursuant to this chapter may be
used for any lawful purposes, and shall not be considered in the
determination of eligible counties in succeeding years.