|
§' 6. New programs or services mandated by legislature or state agencies; subvention ·
<br /> Sec. 6. Whenever the 'LegiSlature' ~r any sta~e age~{~y 'r~a~{d~'~es ~'ne~ progr~n~ or higher level of
<br />service on any local government, the state shall provide a subvention of funds to reimburse s'uch
<br />
<br />local government for the costs of such program or increased level of service, except that the
<br />Legislature m:~y, b~t need not, provide such subvention of funds for the following mandates:
<br /> (a) Legislative n,andates requested by the local agency affected;
<br />
<br /> (b) Legislation defining a new crime or changing an existing definition of a crime; or
<br /> (c) Legislative mandates enacted prior to January 1, 1975, or executive Orders or regulatiokqs
<br />initially implementing legislation enacted prior to January 1, 1975. - .-
<br />
<br />§ 7. No impairment of obligation to meet bonded indebtedness .- .. .
<br /> Sec. 7. Nothing in this Article shall be construed to impair' th~ abilitS~ of the state or of any local
<br />governme~t to mee~ its obligations with respect to existing or future bonded indebtedness: .::
<br />(Added Nov. 6, 1979.) "" '~ ..... ' ...... ....
<br />
<br />~ 8. Definitions " .: .:.: ..: .:~ '. : . ,: ,. .-. .: -.~ . ,
<br />
<br />See. 8. As used in this Article'and except ~s othe~ise 'expressl~ provided herein:
<br />(a) "Appropriations subject to limitation" of the state shall mean any authorization to expend
<br />during a fiscal year the proceeds of ~xes levied by or for 'the state, exclusive of state subventions
<br />for the use and operation of local government (other than sUbventions made pursuant to Section 6 of
<br />this Article) and further exclusive of refunds of ~xes, benefit pa~en~ from ret~ement, unemploy-
<br />ment insurance and disability insurance funds;
<br />(b)' "ApprOpriations subj~t to limitation" 0f an entity of local govern'merit shall mean +any
<br />authorization to expend during a fiscal year the proceeds of taxes levied by or for that entity and the
<br />proceeds of state subventions to that entity (other than subventions made pu~uant ~ Section 6 of
<br />this Article) exclusive of refunds of ~xes; ....... ~= "": ' ': :"' ' "':"'
<br /> (c) "Proceeds of ~xes" Shall include, but n~ b~ restricted ~,all'mk~e~enu~s'and' the. pr~d~.
<br />an entity of government, from (i) regulatory licenses, user charges, and user fees to the ex~nt that
<br />such proceeds exceed the costs reasonably borne by such e'ntity in providing the regulation, product,
<br />or service, and (ii) the investment of mx revenues. With respect to any l~al government, "proceeds
<br />of taxes" shall include subventions received from the s~te, other than pursuant ~ Section 6'of this
<br />Article, and, xvith respect to the s~te, proceeds of taxes shall exclude such subventions;'~'' "":"
<br /> (d) "heal government" shall mean any city, county, city and county, school district, special
<br />district, authority, or other political subdivision of or within the s~; :=,~ '.. '.
<br /> (e) "Cost of living" shall mean the Consumer Price index for the United S~te~ aS repor~d by'the
<br />United States Department of hbor, or successor agency of the Uni~d S~tes Government; provided,
<br />however, that for purposes of Section 1, the change in cost of living from the preceding year shall in
<br />no event exceed the change in California per capi~ pe~onal ~come from said p~ceding year;
<br /> (~ "Population" of any entity of government, other than a school dis~ict, shall be d'eter~ined ~y a
<br />method prescribed by the ~gislature, provid~ that such detemination 'shall be revised, as
<br />n~essary, to ~eflect the periodic census conducted by the Uni~d S~tes Department of Commerce, or
<br />successor agency of ehe United S~s Government. The population of any sch~l district shall be
<br />
<br /> such school <]istrict's average daily at~ndance as dearmined by a method pr~c~bed by the
<br />~gislature; .... ~,- . , ~ . - " . .. '
<br />
<br /> (g) "De[>t ser~'~ce" sh;~ll mean appropriations required to pay the cost of interest and redemption
<br />charges, includir~g the funding of any reserve or sinking fund required in connection therewith, on
<br />indebtedness e~.~ting or legally authorized as of January 1, 1979 'or on bonded i,~debtedness
<br />thereafter approved according to law by a vote of the electo~ of the.issuing .entity voting in an
<br />election for Such purpose. . · ...... "
<br /> (h) The "appropriations limit" of each entity of government for each fiscKl year shall be that
<br />amount which total annual appropriations subject to limitation may not exceed under Section 1 and
<br />Section 3; provided, however, that the "appropriations limit" of each entity of government for fiscal
<br />year 1978-79 shall be the total of the appropriations subject to limitation of such entity for that fiscal
<br />year. For fisc:d year 197~79, s~te subventions to local government,' exclusive of federal gmn~,
<br />shall be deemed to have been derived from the proceeds of s~te ~xes. ; . . ~ ..' '....
<br /> (i) Except as otherwise 'brovided in Section 5, "appropriations subjea ~ limi~t~on" shall not
<br />include local agency loan funds or indebtedness funds, investment (or authorizations to invest) funds
<br />of the s~te, or of an entity of local government in accoun~ at banks or savings andloan associations
<br />or in liquid securities. -= . .:. ;. ..-- . ....
<br />
<br />
<br />
|