AgdaPkt 2004-04-12 - Laserfiche WebLink

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I .1 I . . I . '. - 1.Ø~ I~ "-- (C) If during theflScal year in which a claimfor reimbursement isfiledfor a subvention ofhnds, the Legislature does not appropriate a subvention offunds that providesf'll rei",hursement as required by subdivision (a), or does not appropriate a subv'lntion ?( funds that provides full reimbursement as part of the state budget act in the fiscal year immediately following the filing of that claim for reimbursement, then a local government may elect one of the following options: (1) Continue to peiform the mandate. The local government shall receive reimbursementfor its costs to peiform the mandate through a subsequent appropriation and subvention offunds; or (2) Suspend peiformance of the mandate during all or a portion of the fiscal year in which the election permitted by this subdivision is made. The local government may continue to suspend peiformance of the mandate during all or a portion of subsequent fiscal years until the fiscal year in which the Legislature appropriates the subvention of funds to provide full reimbursement as required by subdivision (a). A local government shall receive reimbursement for its costs for that portion of the fiscal year during which it peiformed the mandate through a subsequent appropriation and subvention offunds. The terms of this subdivision do not apply to, and a local government may not make the election provided for in this subdivision, for a mandate that either requires a local '-- government to provide or modifY any form of protection, right, benefit or employment status for any local government employee or retiree, or provides or modifies any procedural or substantive rightfor any local government employee or employee organization, arisingfrom, affecting, or directly relating to future, current, or past local government employment. (d) For purposes of this section, "mandate" means a statute, or action or order of any state agency, which has been determined by the Legislature, any court, or the Commission on State Mandates or its designated successor, to require reimbursement pursuant to this section. SECTION FIVE. Construction. (a) This measure shall be liberally construed to effectuate its purposes, which include providing adequate funds 10 Local Government for local services including, but not limited to, such services as police, fire, emergency and trauma care, public health, libraries, criminal justice, and road ani street maintenance. (b) This measure shall not be construed either to alter the apportionment of the ad valorem tax on real property pursuant to Section I of Article XIIIA by any statute in effect prior to January I, 2003 or to prevent the Legislature from altering that apportionment in compliance with the terms of this measure. I '-- 5