GOVERNMENT CODE
SECTION 16260-16262.5
16260.  (a) Except as provided in subdivision (x), out of the amountappropriated by Section 16100, there shall be allocated for countiesand cities and counties, for the 1978-79 fiscal year only fourhundred thirty-six million dollars ($436,000,000) to be distributedas provided in subdivisions (b), (c), (d), and (e). (b) (1) For each county and city and county, the amount ofproperty taxes collected, plus the amount of homeowners' and businessinventory exemption reimbursements, for the 1977-78 fiscal yearshall be computed by the Controller. (2) From the amount determined pursuant to paragraph (1), thereshall be subtracted the amount determined for each county and cityand county in 1978-79 pursuant to Section 26912.1. (3) From the remainder determined pursuant to paragraph (2), thereshall be subtracted the dollar amount of a county's obligation in1978-79 relieved by Sections 33 and 34 of Chapter 292 of the Statutesof 1978. (4) The amount determined pursuant to paragraph (3) shall beaggregated for counties and cities and counties in the state. (5) The Controller shall then determine what the percentage of theamount computed for each county and city and county pursuant toparagraph (3) is of the total statewide amount computed pursuant toparagraph (4). (6) The percentage determined pursuant to paragraph (5) shall beapplied to the amount described in subdivision (a), modified bysubdivision (x) if applicable, to determine the dollar share of thesurplus 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 amountby which the county's or city and county's general fund reservebalance on July 1, 1978, as defined in subdivision (e), exceeds 5percent of the county's or city and county's total 1977-78 revenues. (d) The remainder determined in subdivision (b) minus the amountdetermined in subdivision (c), if positive, shall be distributed toeach county and city and county by the Controller in accordance withthe following schedule: Thirty-three percent--on August 31, 1978, or a subsequent date ifthe information needed by the Controller is not available by thisdate. Thirty-three percent--on December 10, 1978. Thirty-four percent--on May 10, 1979. (e) As used in this section, "general fund reserves" includes thefund 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 andbuildings, 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 policyadopted prior to June 6, 1978. (3) Any amounts restricted by law or court order. (4) Any amounts committed to a capital outlay project approvedprior to June 6, 1978, by the board of supervisors. (f) For the purpose of this section, the amount of property taxcollections pursuant to existing law for the purpose of making annualpayments for the interest and principal on outstanding generalobligation bonds or other indebtedness approved by the voters priorto July 1, 1978, shall be excluded from all calculations. (g) Funds distributed pursuant to this section shall be givenfirst for police, sheriff, and fire protection programs in order notto jeopardize the health and safety of the community. The legislativebody shall ensure that the level of police, sheriff, and fireprotection programs actually provided in the 1977-78 fiscal yearshall be continued in 1978-79. Nothing in this section shall prevent the legislative body fromreviewing and establishing its police, sheriff, and fire protectionprogram in the 1978-79 fiscal year in a manner which will make suchprogram more efficient and effective. Any determination by the legislative body implementing thissection is hereby declared to be a legislative act. (h) The Controller shall estimate the amounts required to bedetermined pursuant to paragraph (3) of subdivision (b). The Controller shall make any necessary reconciliation no laterthan August 30, 1979. (x) The amount allocated in subdivision (a) shall be reduced by anamount equal to the county share of any cost-of-living increase inaid payments under the Aid to Families With Dependent Childrenprogram, as provided in Section 35 of Chapter 292 of the Statutes of1978.16261.  No action or proceeding shall be commenced to contest anydetermination of the governing body pursuant to this chapter, unlesssuch action or proceeding shall have been brought within 90 daysafter the governing body's determination.16262.  (a) Notwithstanding any other provision of law, until June30, 1996, if county-imposed funding reductions prevent a county fromfully funding the county share of the nonfederal administrative costsof the Aid to Families with Dependent Children, Food Stamps, andIn-Home Supportive Services programs, the reimbursements to countiesfor the state share of nonfederal costs shall not be reduced. (b) Subdivision (a) shall be subject to the followingrestrictions: (1) The reduction imposed upon departments within a countyresponsible for administering the programs referred to in subdivision(a) shall be proportionate to the average reduction in county fundsfor administrative activities imposed on all other departments withina county, except departments funded with revenue from Section 35 ofArticle XIII of the California Constitution and the countydepartments of health services. The county board of supervisors shallcertify that the reductions are imposed proportionately. (2) If a county reduces the department responsible foradministering the programs referred to in subdivision (a), and makesreductions that exceed the average reduction of any other countydepartments, with the exception of departments funded with revenuefrom Section 35 of Article XIII of the California Constitution, andthe county departments of health services, then the state allocationfor these programs shall be reduced by the same percentage. (3) The state share of nonfederal costs for county administrationallocated to a county for the administration of the programs referredto in subdivision (a) shall be limited to the 1995-96 fiscal yearallocations as determined by the State Department of Social Servicesin compliance with current allocation formulas as adjusted pursuantto paragraph (2). (4) No reduction in county administrative costs authorized by thissection shall result in any increased cost to the state GeneralFund. (5) No reduction in county administrative costs authorized by thissection shall result in any decrease in county assistance paymentsin the programs referred to in subdivision (a). (c) Subdivisions (a) and (b) shall become operative on the datethe Budget Act of 1995 is enacted.16262.5.  (a) Notwithstanding any other provision of law, until June30, 2001, the reimbursement of counties meeting one of the followingconditions shall not be reduced for the state share of thenonfederal costs for the administration of the In-Home SupportiveServices program. (1) County-imposed funding reductions in the 1999-2000 or 2000-01fiscal year prevent a county from fully funding the county share ofthe nonfederal administrative costs of the programs identified insubdivision (a). (2) Application for relief under Section 16262 and this sectionwas approved in a prior fiscal year for which relief is soughtpursuant to these sections and the level of county match available isat least the amount specified in the application for that samefiscal year subject to the restrictions contained in subdivision (b). (b) Subdivision (a) shall be subject to the followingrestrictions: (1) The reduction imposed upon departments within a countyresponsible for administering the program referred to in subdivision(a) shall be proportionate to the average reduction in county fundsfor administrative activities imposed on all other departments withina county, except departments funded with revenue from Section 35 ofArticle XIII of the California Constitution and the countydepartments of health services. The county board of supervisors shallcertify that the reductions are imposed proportionately. (2) If a county reduces the department responsible foradministering the program referred to in subdivision (a), and makesreductions that exceed the average reduction of any other countydepartments, with the exception of departments funded with revenuefrom Section 35 of Article XIII of the California Constitution, andthe county departments of health services, then the state allocationfor that program shall be reduced by the same percentage. (3) The state share of nonfederal costs for county administrationallocated to a county for the administration of the programs referredto in subdivision (a) shall be limited to the 1999-2000 or 2000-01fiscal year allocations as determined by the State Department ofSocial Services in compliance with current allocation formulas asadjusted pursuant to paragraph (2). (4) No reduction in county administrative costs authorized by thissection shall result in any increased cost to the state GeneralFund. (5) No reduction in county administrative costs authorized by thissection shall result in any decrease in county assistance paymentsin the program referred to in subdivision (a). (6) The maximum rate reduction shall not exceed 15 percent of therequired county match. For counties that received fiscal relief ineither the 1995-96 or 1996-97 fiscal year, the county match shall bethe greater of 50 percent of the required county match for the yearrelief is being requested, or alternatively, the county matchapproved in either the 1995-96 or 1996-97 fiscal year. (c) Counties requesting relief under this section shall apply tothe State Department of Social Services on or before October 31 ofthe fiscal year for which relief is sought pursuant to this section.