16260. (a) Except as provided in subdivision (x), out of the amount
appropriated by Section 16100, there shall be allocated for counties
and cities and counties, for the 1978-79 fiscal year only four
hundred thirty-six million dollars ($436,000,000) to be distributed
as provided in subdivisions (b), (c), (d), and (e).
(b) (1) For each county and city and county, the amount of
property taxes collected, plus the amount of homeowners' and business
inventory exemption reimbursements, for the 1977-78 fiscal year
shall be computed by the Controller.
(2) From the amount determined pursuant to paragraph (1), there
shall be subtracted the amount determined for each county and city
and county in 1978-79 pursuant to Section 26912.1.
(3) From the remainder determined pursuant to paragraph (2), there
shall be subtracted the dollar amount of a county's obligation in
1978-79 relieved by Sections 33 and 34 of Chapter 292 of the Statutes
of 1978.
(4) The amount determined pursuant to paragraph (3) shall be
aggregated for counties and cities and counties in the state.
(5) The Controller shall then determine what the percentage of the
amount computed for each county and city and county pursuant to
paragraph (3) is of the total statewide amount computed pursuant to
paragraph (4).
(6) The percentage determined pursuant to paragraph (5) shall be
applied to the amount described in subdivision (a), modified by
subdivision (x) if applicable, to determine the dollar share of the
surplus allocation for each county and city and county.
(c) From each county's or city and county's surplus allocation,
there shall be subtracted an amount equal to one-third of the amount
by which the county's or city and county's general fund reserve
balance on July 1, 1978, as defined in subdivision (e), exceeds 5
percent of the county's or city and county's total 1977-78 revenues.
(d) The remainder determined in subdivision (b) minus the amount
determined in subdivision (c), if positive, shall be distributed to
each county and city and county by the Controller in accordance with
the following schedule:
Thirty-three percent--on August 31, 1978, or a subsequent date if
the information needed by the Controller is not available by this
date.
Thirty-three percent--on December 10, 1978.
Thirty-four percent--on May 10, 1979.
(e) As used in this section, "general fund reserves" includes the
fund balance available as of June 30, 1978, of the general fund.
"General fund reserves" shall not include:
(1) Noncash assets such as stores, inventory, property and
buildings, or other investments purchased prior to June 6, 1978.
(2) Any amounts for self-insurance, for contractual obligations,
or for reserves established by law or a governing board policy
adopted prior to June 6, 1978.
(3) Any amounts restricted by law or court order.
(4) Any amounts committed to a capital outlay project approved
prior to June 6, 1978, by the board of supervisors.
(f) For the purpose of this section, the amount of property tax
collections pursuant to existing law for the purpose of making annual
payments for the interest and principal on outstanding general
obligation bonds or other indebtedness approved by the voters prior
to July 1, 1978, shall be excluded from all calculations.
(g) Funds distributed pursuant to this section shall be given
first for police, sheriff, and fire protection programs in order not
to jeopardize the health and safety of the community. The legislative
body shall ensure that the level of police, sheriff, and fire
protection programs actually provided in the 1977-78 fiscal year
shall be continued in 1978-79.
Nothing in this section shall prevent the legislative body from
reviewing and establishing its police, sheriff, and fire protection
program in the 1978-79 fiscal year in a manner which will make such
program more efficient and effective.
Any determination by the legislative body implementing this
section is hereby declared to be a legislative act.
(h) The Controller shall estimate the amounts required to be
determined pursuant to paragraph (3) of subdivision (b).
The Controller shall make any necessary reconciliation no later
than August 30, 1979.
(x) The amount allocated in subdivision (a) shall be reduced by an
amount equal to the county share of any cost-of-living increase in
aid payments under the Aid to Families With Dependent Children
program, as provided in Section 35 of Chapter 292 of the Statutes of
1978.
16261. No action or proceeding shall be commenced to contest any
determination of the governing body pursuant to this chapter, unless
such action or proceeding shall have been brought within 90 days
after the governing body's determination.
16262. (a) Notwithstanding any other provision of law, until June
30, 1996, if county-imposed funding reductions prevent a county from
fully funding the county share of the nonfederal administrative costs
of the Aid to Families with Dependent Children, Food Stamps, and
In-Home Supportive Services programs, the reimbursements to counties
for the state share of nonfederal costs shall not be reduced.
(b) Subdivision (a) shall be subject to the following
restrictions:
(1) The reduction imposed upon departments within a county
responsible for administering the programs referred to in subdivision
(a) shall be proportionate to the average reduction in county funds
for administrative activities imposed on all other departments within
a county, except departments funded with revenue from Section 35 of
Article XIII of the California Constitution and the county
departments of health services. The county board of supervisors shall
certify that the reductions are imposed proportionately.
(2) If a county reduces the department responsible for
administering the programs referred to in subdivision (a), and makes
reductions that exceed the average reduction of any other county
departments, with the exception of departments funded with revenue
from Section 35 of Article XIII of the California Constitution, and
the county departments of health services, then the state allocation
for these programs shall be reduced by the same percentage.
(3) The state share of nonfederal costs for county administration
allocated to a county for the administration of the programs referred
to in subdivision (a) shall be limited to the 1995-96 fiscal year
allocations as determined by the State Department of Social Services
in compliance with current allocation formulas as adjusted pursuant
to paragraph (2).
(4) No reduction in county administrative costs authorized by this
section shall result in any increased cost to the state General
Fund.
(5) No reduction in county administrative costs authorized by this
section shall result in any decrease in county assistance payments
in the programs referred to in subdivision (a).
(c) Subdivisions (a) and (b) shall become operative on the date
the Budget Act of 1995 is enacted.
16262.5. (a) Notwithstanding any other provision of law, until June
30, 2001, the reimbursement of counties meeting one of the following
conditions shall not be reduced for the state share of the
nonfederal costs for the administration of the In-Home Supportive
Services program.
(1) County-imposed funding reductions in the 1999-2000 or 2000-01
fiscal year prevent a county from fully funding the county share of
the nonfederal administrative costs of the programs identified in
subdivision (a).
(2) Application for relief under Section 16262 and this section
was approved in a prior fiscal year for which relief is sought
pursuant to these sections and the level of county match available is
at least the amount specified in the application for that same
fiscal year subject to the restrictions contained in subdivision (b).
(b) Subdivision (a) shall be subject to the following
restrictions:
(1) The reduction imposed upon departments within a county
responsible for administering the program referred to in subdivision
(a) shall be proportionate to the average reduction in county funds
for administrative activities imposed on all other departments within
a county, except departments funded with revenue from Section 35 of
Article XIII of the California Constitution and the county
departments of health services. The county board of supervisors shall
certify that the reductions are imposed proportionately.
(2) If a county reduces the department responsible for
administering the program referred to in subdivision (a), and makes
reductions that exceed the average reduction of any other county
departments, with the exception of departments funded with revenue
from Section 35 of Article XIII of the California Constitution, and
the county departments of health services, then the state allocation
for that program shall be reduced by the same percentage.
(3) The state share of nonfederal costs for county administration
allocated to a county for the administration of the programs referred
to in subdivision (a) shall be limited to the 1999-2000 or 2000-01
fiscal year allocations as determined by the State Department of
Social Services in compliance with current allocation formulas as
adjusted pursuant to paragraph (2).
(4) No reduction in county administrative costs authorized by this
section shall result in any increased cost to the state General
Fund.
(5) No reduction in county administrative costs authorized by this
section shall result in any decrease in county assistance payments
in the program referred to in subdivision (a).
(6) The maximum rate reduction shall not exceed 15 percent of the
required county match. For counties that received fiscal relief in
either the 1995-96 or 1996-97 fiscal year, the county match shall be
the greater of 50 percent of the required county match for the year
relief is being requested, or alternatively, the county match
approved in either the 1995-96 or 1996-97 fiscal year.
(c) Counties requesting relief under this section shall apply to
the State Department of Social Services on or before October 31 of
the fiscal year for which relief is sought pursuant to this section.
16260. (a) Except as provided in subdivision (x), out of the amount
appropriated by Section 16100, there shall be allocated for counties
and cities and counties, for the 1978-79 fiscal year only four
hundred thirty-six million dollars ($436,000,000) to be distributed
as provided in subdivisions (b), (c), (d), and (e).
(b) (1) For each county and city and county, the amount of
property taxes collected, plus the amount of homeowners' and business
inventory exemption reimbursements, for the 1977-78 fiscal year
shall be computed by the Controller.
(2) From the amount determined pursuant to paragraph (1), there
shall be subtracted the amount determined for each county and city
and county in 1978-79 pursuant to Section 26912.1.
(3) From the remainder determined pursuant to paragraph (2), there
shall be subtracted the dollar amount of a county's obligation in
1978-79 relieved by Sections 33 and 34 of Chapter 292 of the Statutes
of 1978.
(4) The amount determined pursuant to paragraph (3) shall be
aggregated for counties and cities and counties in the state.
(5) The Controller shall then determine what the percentage of the
amount computed for each county and city and county pursuant to
paragraph (3) is of the total statewide amount computed pursuant to
paragraph (4).
(6) The percentage determined pursuant to paragraph (5) shall be
applied to the amount described in subdivision (a), modified by
subdivision (x) if applicable, to determine the dollar share of the
surplus allocation for each county and city and county.
(c) From each county's or city and county's surplus allocation,
there shall be subtracted an amount equal to one-third of the amount
by which the county's or city and county's general fund reserve
balance on July 1, 1978, as defined in subdivision (e), exceeds 5
percent of the county's or city and county's total 1977-78 revenues.
(d) The remainder determined in subdivision (b) minus the amount
determined in subdivision (c), if positive, shall be distributed to
each county and city and county by the Controller in accordance with
the following schedule:
Thirty-three percent--on August 31, 1978, or a subsequent date if
the information needed by the Controller is not available by this
date.
Thirty-three percent--on December 10, 1978.
Thirty-four percent--on May 10, 1979.
(e) As used in this section, "general fund reserves" includes the
fund balance available as of June 30, 1978, of the general fund.
"General fund reserves" shall not include:
(1) Noncash assets such as stores, inventory, property and
buildings, or other investments purchased prior to June 6, 1978.
(2) Any amounts for self-insurance, for contractual obligations,
or for reserves established by law or a governing board policy
adopted prior to June 6, 1978.
(3) Any amounts restricted by law or court order.
(4) Any amounts committed to a capital outlay project approved
prior to June 6, 1978, by the board of supervisors.
(f) For the purpose of this section, the amount of property tax
collections pursuant to existing law for the purpose of making annual
payments for the interest and principal on outstanding general
obligation bonds or other indebtedness approved by the voters prior
to July 1, 1978, shall be excluded from all calculations.
(g) Funds distributed pursuant to this section shall be given
first for police, sheriff, and fire protection programs in order not
to jeopardize the health and safety of the community. The legislative
body shall ensure that the level of police, sheriff, and fire
protection programs actually provided in the 1977-78 fiscal year
shall be continued in 1978-79.
Nothing in this section shall prevent the legislative body from
reviewing and establishing its police, sheriff, and fire protection
program in the 1978-79 fiscal year in a manner which will make such
program more efficient and effective.
Any determination by the legislative body implementing this
section is hereby declared to be a legislative act.
(h) The Controller shall estimate the amounts required to be
determined pursuant to paragraph (3) of subdivision (b).
The Controller shall make any necessary reconciliation no later
than August 30, 1979.
(x) The amount allocated in subdivision (a) shall be reduced by an
amount equal to the county share of any cost-of-living increase in
aid payments under the Aid to Families With Dependent Children
program, as provided in Section 35 of Chapter 292 of the Statutes of
1978.
16261. No action or proceeding shall be commenced to contest any
determination of the governing body pursuant to this chapter, unless
such action or proceeding shall have been brought within 90 days
after the governing body's determination.
16262. (a) Notwithstanding any other provision of law, until June
30, 1996, if county-imposed funding reductions prevent a county from
fully funding the county share of the nonfederal administrative costs
of the Aid to Families with Dependent Children, Food Stamps, and
In-Home Supportive Services programs, the reimbursements to counties
for the state share of nonfederal costs shall not be reduced.
(b) Subdivision (a) shall be subject to the following
restrictions:
(1) The reduction imposed upon departments within a county
responsible for administering the programs referred to in subdivision
(a) shall be proportionate to the average reduction in county funds
for administrative activities imposed on all other departments within
a county, except departments funded with revenue from Section 35 of
Article XIII of the California Constitution and the county
departments of health services. The county board of supervisors shall
certify that the reductions are imposed proportionately.
(2) If a county reduces the department responsible for
administering the programs referred to in subdivision (a), and makes
reductions that exceed the average reduction of any other county
departments, with the exception of departments funded with revenue
from Section 35 of Article XIII of the California Constitution, and
the county departments of health services, then the state allocation
for these programs shall be reduced by the same percentage.
(3) The state share of nonfederal costs for county administration
allocated to a county for the administration of the programs referred
to in subdivision (a) shall be limited to the 1995-96 fiscal year
allocations as determined by the State Department of Social Services
in compliance with current allocation formulas as adjusted pursuant
to paragraph (2).
(4) No reduction in county administrative costs authorized by this
section shall result in any increased cost to the state General
Fund.
(5) No reduction in county administrative costs authorized by this
section shall result in any decrease in county assistance payments
in the programs referred to in subdivision (a).
(c) Subdivisions (a) and (b) shall become operative on the date
the Budget Act of 1995 is enacted.
16262.5. (a) Notwithstanding any other provision of law, until June
30, 2001, the reimbursement of counties meeting one of the following
conditions shall not be reduced for the state share of the
nonfederal costs for the administration of the In-Home Supportive
Services program.
(1) County-imposed funding reductions in the 1999-2000 or 2000-01
fiscal year prevent a county from fully funding the county share of
the nonfederal administrative costs of the programs identified in
subdivision (a).
(2) Application for relief under Section 16262 and this section
was approved in a prior fiscal year for which relief is sought
pursuant to these sections and the level of county match available is
at least the amount specified in the application for that same
fiscal year subject to the restrictions contained in subdivision (b).
(b) Subdivision (a) shall be subject to the following
restrictions:
(1) The reduction imposed upon departments within a county
responsible for administering the program referred to in subdivision
(a) shall be proportionate to the average reduction in county funds
for administrative activities imposed on all other departments within
a county, except departments funded with revenue from Section 35 of
Article XIII of the California Constitution and the county
departments of health services. The county board of supervisors shall
certify that the reductions are imposed proportionately.
(2) If a county reduces the department responsible for
administering the program referred to in subdivision (a), and makes
reductions that exceed the average reduction of any other county
departments, with the exception of departments funded with revenue
from Section 35 of Article XIII of the California Constitution, and
the county departments of health services, then the state allocation
for that program shall be reduced by the same percentage.
(3) The state share of nonfederal costs for county administration
allocated to a county for the administration of the programs referred
to in subdivision (a) shall be limited to the 1999-2000 or 2000-01
fiscal year allocations as determined by the State Department of
Social Services in compliance with current allocation formulas as
adjusted pursuant to paragraph (2).
(4) No reduction in county administrative costs authorized by this
section shall result in any increased cost to the state General
Fund.
(5) No reduction in county administrative costs authorized by this
section shall result in any decrease in county assistance payments
in the program referred to in subdivision (a).
(6) The maximum rate reduction shall not exceed 15 percent of the
required county match. For counties that received fiscal relief in
either the 1995-96 or 1996-97 fiscal year, the county match shall be
the greater of 50 percent of the required county match for the year
relief is being requested, or alternatively, the county match
approved in either the 1995-96 or 1996-97 fiscal year.
(c) Counties requesting relief under this section shall apply to
the State Department of Social Services on or before October 31 of
the fiscal year for which relief is sought pursuant to this section.
16260. (a) Except as provided in subdivision (x), out of the amount
appropriated by Section 16100, there shall be allocated for counties
and cities and counties, for the 1978-79 fiscal year only four
hundred thirty-six million dollars ($436,000,000) to be distributed
as provided in subdivisions (b), (c), (d), and (e).
(b) (1) For each county and city and county, the amount of
property taxes collected, plus the amount of homeowners' and business
inventory exemption reimbursements, for the 1977-78 fiscal year
shall be computed by the Controller.
(2) From the amount determined pursuant to paragraph (1), there
shall be subtracted the amount determined for each county and city
and county in 1978-79 pursuant to Section 26912.1.
(3) From the remainder determined pursuant to paragraph (2), there
shall be subtracted the dollar amount of a county's obligation in
1978-79 relieved by Sections 33 and 34 of Chapter 292 of the Statutes
of 1978.
(4) The amount determined pursuant to paragraph (3) shall be
aggregated for counties and cities and counties in the state.
(5) The Controller shall then determine what the percentage of the
amount computed for each county and city and county pursuant to
paragraph (3) is of the total statewide amount computed pursuant to
paragraph (4).
(6) The percentage determined pursuant to paragraph (5) shall be
applied to the amount described in subdivision (a), modified by
subdivision (x) if applicable, to determine the dollar share of the
surplus allocation for each county and city and county.
(c) From each county's or city and county's surplus allocation,
there shall be subtracted an amount equal to one-third of the amount
by which the county's or city and county's general fund reserve
balance on July 1, 1978, as defined in subdivision (e), exceeds 5
percent of the county's or city and county's total 1977-78 revenues.
(d) The remainder determined in subdivision (b) minus the amount
determined in subdivision (c), if positive, shall be distributed to
each county and city and county by the Controller in accordance with
the following schedule:
Thirty-three percent--on August 31, 1978, or a subsequent date if
the information needed by the Controller is not available by this
date.
Thirty-three percent--on December 10, 1978.
Thirty-four percent--on May 10, 1979.
(e) As used in this section, "general fund reserves" includes the
fund balance available as of June 30, 1978, of the general fund.
"General fund reserves" shall not include:
(1) Noncash assets such as stores, inventory, property and
buildings, or other investments purchased prior to June 6, 1978.
(2) Any amounts for self-insurance, for contractual obligations,
or for reserves established by law or a governing board policy
adopted prior to June 6, 1978.
(3) Any amounts restricted by law or court order.
(4) Any amounts committed to a capital outlay project approved
prior to June 6, 1978, by the board of supervisors.
(f) For the purpose of this section, the amount of property tax
collections pursuant to existing law for the purpose of making annual
payments for the interest and principal on outstanding general
obligation bonds or other indebtedness approved by the voters prior
to July 1, 1978, shall be excluded from all calculations.
(g) Funds distributed pursuant to this section shall be given
first for police, sheriff, and fire protection programs in order not
to jeopardize the health and safety of the community. The legislative
body shall ensure that the level of police, sheriff, and fire
protection programs actually provided in the 1977-78 fiscal year
shall be continued in 1978-79.
Nothing in this section shall prevent the legislative body from
reviewing and establishing its police, sheriff, and fire protection
program in the 1978-79 fiscal year in a manner which will make such
program more efficient and effective.
Any determination by the legislative body implementing this
section is hereby declared to be a legislative act.
(h) The Controller shall estimate the amounts required to be
determined pursuant to paragraph (3) of subdivision (b).
The Controller shall make any necessary reconciliation no later
than August 30, 1979.
(x) The amount allocated in subdivision (a) shall be reduced by an
amount equal to the county share of any cost-of-living increase in
aid payments under the Aid to Families With Dependent Children
program, as provided in Section 35 of Chapter 292 of the Statutes of
1978.
16261. No action or proceeding shall be commenced to contest any
determination of the governing body pursuant to this chapter, unless
such action or proceeding shall have been brought within 90 days
after the governing body's determination.
16262. (a) Notwithstanding any other provision of law, until June
30, 1996, if county-imposed funding reductions prevent a county from
fully funding the county share of the nonfederal administrative costs
of the Aid to Families with Dependent Children, Food Stamps, and
In-Home Supportive Services programs, the reimbursements to counties
for the state share of nonfederal costs shall not be reduced.
(b) Subdivision (a) shall be subject to the following
restrictions:
(1) The reduction imposed upon departments within a county
responsible for administering the programs referred to in subdivision
(a) shall be proportionate to the average reduction in county funds
for administrative activities imposed on all other departments within
a county, except departments funded with revenue from Section 35 of
Article XIII of the California Constitution and the county
departments of health services. The county board of supervisors shall
certify that the reductions are imposed proportionately.
(2) If a county reduces the department responsible for
administering the programs referred to in subdivision (a), and makes
reductions that exceed the average reduction of any other county
departments, with the exception of departments funded with revenue
from Section 35 of Article XIII of the California Constitution, and
the county departments of health services, then the state allocation
for these programs shall be reduced by the same percentage.
(3) The state share of nonfederal costs for county administration
allocated to a county for the administration of the programs referred
to in subdivision (a) shall be limited to the 1995-96 fiscal year
allocations as determined by the State Department of Social Services
in compliance with current allocation formulas as adjusted pursuant
to paragraph (2).
(4) No reduction in county administrative costs authorized by this
section shall result in any increased cost to the state General
Fund.
(5) No reduction in county administrative costs authorized by this
section shall result in any decrease in county assistance payments
in the programs referred to in subdivision (a).
(c) Subdivisions (a) and (b) shall become operative on the date
the Budget Act of 1995 is enacted.
16262.5. (a) Notwithstanding any other provision of law, until June
30, 2001, the reimbursement of counties meeting one of the following
conditions shall not be reduced for the state share of the
nonfederal costs for the administration of the In-Home Supportive
Services program.
(1) County-imposed funding reductions in the 1999-2000 or 2000-01
fiscal year prevent a county from fully funding the county share of
the nonfederal administrative costs of the programs identified in
subdivision (a).
(2) Application for relief under Section 16262 and this section
was approved in a prior fiscal year for which relief is sought
pursuant to these sections and the level of county match available is
at least the amount specified in the application for that same
fiscal year subject to the restrictions contained in subdivision (b).
(b) Subdivision (a) shall be subject to the following
restrictions:
(1) The reduction imposed upon departments within a county
responsible for administering the program referred to in subdivision
(a) shall be proportionate to the average reduction in county funds
for administrative activities imposed on all other departments within
a county, except departments funded with revenue from Section 35 of
Article XIII of the California Constitution and the county
departments of health services. The county board of supervisors shall
certify that the reductions are imposed proportionately.
(2) If a county reduces the department responsible for
administering the program referred to in subdivision (a), and makes
reductions that exceed the average reduction of any other county
departments, with the exception of departments funded with revenue
from Section 35 of Article XIII of the California Constitution, and
the county departments of health services, then the state allocation
for that program shall be reduced by the same percentage.
(3) The state share of nonfederal costs for county administration
allocated to a county for the administration of the programs referred
to in subdivision (a) shall be limited to the 1999-2000 or 2000-01
fiscal year allocations as determined by the State Department of
Social Services in compliance with current allocation formulas as
adjusted pursuant to paragraph (2).
(4) No reduction in county administrative costs authorized by this
section shall result in any increased cost to the state General
Fund.
(5) No reduction in county administrative costs authorized by this
section shall result in any decrease in county assistance payments
in the program referred to in subdivision (a).
(6) The maximum rate reduction shall not exceed 15 percent of the
required county match. For counties that received fiscal relief in
either the 1995-96 or 1996-97 fiscal year, the county match shall be
the greater of 50 percent of the required county match for the year
relief is being requested, or alternatively, the county match
approved in either the 1995-96 or 1996-97 fiscal year.
(c) Counties requesting relief under this section shall apply to
the State Department of Social Services on or before October 31 of
the fiscal year for which relief is sought pursuant to this section.
