CA Legislative Explainer: State Mandated Local Programs

CA Legislative Explainer: State Mandated Local Programs By Chris Micheli

At the end of the Legislative Counsel’s Digest on the first page of every bill, there are four “Digest Keys,” which identify the vote required for passage of the bill, whether the bill contains an appropriation, whether the bill will be re-referred to a fiscal committee, and whether the bill contains a mandated local program. This last bill key will appear as either “Local Program: no” or “Local Program: yes.”

            What is a mandated local program? Both the California Constitution and the California Government Code describe in detail a state-mandated local program. As a result of these laws, a California bill is identified as mandating or not mandating a local program that may require state reimbursement of costs borne  by the local entity. In other words, the state is required to reimburse local agencies and school districts for certain costs mandated by the state.

Basically, whenever the Legislature or any state agency mandates a new program or a higher level of service on any local government, the State must provide a subvention of funds to reimburse that local government for the costs of the program or the increased level of service, except that the Legislature may, but need not, provide a subvention of funds for the mandates. This applies to a mandate only as it affects a city, county, city and county, special district, or school district.

Returning to the bill key, in crafting the language for new laws, the Legislature states explicitly whether or not a requirement is a “state-mandated local program.” The Legislature does not have the final word on the subject. In other words, they do not decide which mandates are reimbursable. Instead, that task falls upon the Commission on State Mandates.

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