Inventory of the Records of the Commission on State Mandates

Processed by Gabriela Landeros

California State Archives

1020 "O" Street

Sacramento, California 95814

Phone: (916) 653-2246

Fax: (916) 653-7363

Email: archivesweb@sos.ca.gov

URL: http://www.sos.ca.gov/archives/

Inventory of the Records of the Commission on State Mandates

Collection number: R138

California State Archives

Office of the Secretary of State

Sacramento, California

Processed by:: Gabriela Landeros
Date Completed:: September 2011
Encoded by:: Sara Kuzak

Descriptive Summary

Title: Inventory of the Records of the Commission on State Mandates

Dates: 1973-2003

Collection number: R138

Creator: Commission on State Mandates

Collection Size: 8 cubic feet

Repository: California State Archives

Sacramento, California

Abstract: The records of the Commission on State Mandates document the hearings and applications surrounding claims for reimbursement by local agencies and school districts due to increased costs mandated by the state.

Physical location: California State Archives

Languages: Languages represented in the collection: English

Administrative Information

Access

Collection is open for research.

Publication Rights

For permission to reproduce or publish, please contact the California State Archives. Permission for reproduction or publication is given on behalf of the California State Archives as the owner of the physical items. The researcher assumes all responsibility for possible infringement which may arise from reproduction or publication of materials from the California State Archives collections.

Preferred Citation

[Identification of item], Commission on State Mandates Records, R138.[Series Number], [box and folder number], California State Archives, Office of the Secretary of State, Sacramento, California.

Acquisition and Custodial History

Records were received in a series of transfers.

Administrative History

The Commission on State Mandates determines if local agencies and school districts are entitled to reimbursement due to increased costs mandated by the state. Reimbursement can occur when the state legislature passes a law or when the Governor or a state agency issues an executive order or regulation to constitute new programs or a higher level of service. The concept originated with the Property Tax Relief Act of 1972 (SB90, Statutes of 1972, Chapter 1406) with the primary purpose of state reimbursement, limiting the ability of local agencies and school districts to levy taxes. At the time of creation, the Legislature authorized the State Board of Control to hear and decide claims requesting reimbursement for increased costs on state ordered mandates.

Since 1972, the process of determining reimbursement has evolved. In 1979 Proposition 4 was approved by voters, adding Article XIII B, section 6 to the California Constitution, superseding SB90. The Article imposed appropriation limits on the tax proceeds of both state and local agencies. Adding Section 6 required that the state provide a subvention of funds to reimburse the costs, with certain exceptions. With the implementation of Section 6, the Legislature enacted Government Code Section 17500 et seq. under Statutes of 1984, Chapter 1459, creating the Commission on State Mandates, relieving the State Board of Control. The creation of the Commission allowed for a more effective system of possible reimbursement, providing an objective forum in determining whether a statute or executive order constitutes reimbursement for a state mandated program. In 1993, the Commission was given an added duty with SB1033 (Statutes 1993, Chapter 72), in reviewing county applications to find significant financial distress. In 1995, SB11 (Statutes 1995, Chapter 945) added statutory changes which set timelines for the Commission to complete all actions on a test claim. The bill was revised in the urgency bill AB1963 (Statutes 1998, Chapter 681) effective September 22, 1998.

The mandate determination process in establishing possible reimbursement begins with a statute or executive order, a test claim, the development of parameters and guidelines that describe the activities and costs that are eligible for reimbursement, a statewide cost estimate, and a final step for claiming instructions. When the test claim process is complete a reimbursement claim can be filed with the State Controller. A possible amendment to the parameter and guidelines can be amended, a filing of an incorrect reduction claim after review, and lastly the Commission conducts a fair and impartial hearing to determine the entitlement for reimbursement of increased costs mandated by the state.

The Commission was composed of five members in 1984: The State Controller, State Treasurer, Director of the Department of Finance, Director of the Office of Planning and Research, and a Public Member with experience in Public Finance. Effective in 1997 two local elected official positions were added to the members of the Commission. The Governor may appoint a governing board member of a school district, a city council member, or a member of a county or city and county board of supervision to the elected official positions. The public members and the two elected officials are subject to Senate confirmation and serve a term of four years, subject to reappointment.

Scope and Content

The records of the Commission on State Mandates document the hearings and applications surrounding claims for reimbursement by local agencies and school districts due to increased costs mandated by the state. The record group contains 8 cubic feet of textual records covering the period 1973-2003 and includes Rulemaking Files, Meeting Files, Closed/Inactive Test Claims, Closed/Inactive Incorrect Reduction Claims, and Closed/Inactive Reimbursement Claims. The Test Claims, Incorrect Reduction Claims, and Reimbursement Claims highlight the Commission on State Mandates and its predecessor, the State Board of Control's, undertaking in determining possible reimbursement increase mandates.

The bulk of the records of the Commission on State Mandates describe the process of determining a possible reimbursement to local agencies and school districts. The records consist of correspondence, test claim hearings, minutes, budget and financial records, parameters and guidelines regarding the hearing process, and conducted research and analyses between parties surrounding the test claim.

Indexing Terms

The following terms have been used to index the description of this collection in the library's online public access catalog.

California. Commission on State Mandates

R138.001, Box 1, folders 1-13

Series 1 Rulemaking Files 1996-2001

Physical Description: 13 file folders

Arrangement

Arranged numerically by Office of Administrative Law file number.

Scope and Content Note

The Rulemaking Files regulate the implementation of SB11 (Statutes 1995, Chapter 945) that created a timely process of hearings for possible state mandate reimbursement. Contents include commission meetings, test claims, other claims, hearings and decisions, rulemaking and informational hearings, financial applications, administration, and forms.

R138.002, Box 1, folder 14 - Box 6, folder 9

Series 2 Meeting Packets 2000-2003

Physical Description: 71 file folders

Arrangement

Arranged chronologically by meeting date.

Scope and Content Note

The Meeting Files contain packets from the Commission's meetings which include approval of minutes, hearings and decisions, executive director's report, and public comments.

R138.003, Box 6, folder 10 - Box 8, folder 10

Series 3 Closed/Inactive Test Claims 1973-1988

Physical Description: 31 file folders

Arrangement

Arranged alphabetically by title of claim and claimant.

Scope and Content Note

Series includes test claims for Psychological Evaluations-County of Fresno (1983), Cancer Registry-Selma District Hospital (1987), School Crossing Guard Program-County of Santa Cruz (1979), Vocational Rehabilitation-County of Los Angeles, Inglewood Unified School District (1974), and Voluntary Desegregation-Pajaro Valley Unified School District (1983). Test claim files include correspondence, opinions, minutes, test claims, statement of decisions, and declarations of service. The test claims relate to reimbursable mandates placed upon local agencies and school districts by the Legislature.

The Commission on State Mandates replaced the Board of Control's Local Mandate Unit effective January 1, 1985. Some files in the series were closed prior to 1985 and were maintained exclusively by the Board of Control. However, most files in this series were initiated by the Board of Control, but were not closed until after 1985 by the Commission on State Mandates.

R138.004, Box 8, folders 11-14

Series 4 Closed/Inactive Incorrect Reduction Claims 1974-1988

Physical Description: 4 file folders

Arrangement

Arranged alphabetically by title of claim and claimant.

Scope and Content Note

Series includes claims regarding Substandard Housing-Los Angeles County (1974), Capital Cases-Indigent Defenders Investigators Fund-Sand Diego County (1977), Victims of Violent Crimes-Counties of Glenn, Lassen, Tehama, Yolo, Sacramento, Madera, and Ventura (1977), and Fire Doors-Sierra Plumas Unified School District (1982). Claims include correspondence, opinions, minutes, test claims, statement of decisions, and declarations of service.

R138.005, Box 8, folders 15-18

Series 5 Closed/Inactive Reimbursement Claims 1982-1987

Physical Description: 4 file folders

Arrangement

Arranged alphabetically by title of claim and claimant.

Scope and Content Note

Series includes reimbursement claims regarding Firefighter Safety Clothing and Equipment throughout various counties, and Voluntary Desegregation in various school districts. Records include hearing transcripts, correspondence, statement of decisions, and opinions.