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Section 30056 Of Chapter 6.5. Local Public Safety Fund From California Government Code >> Division 3. >> Title 3. >> Chapter 6.5.
30056
. (a) Notwithstanding any other provision of this chapter,
commencing with the 1994-95 fiscal year, except as provided in
subdivision (c), any county, city and county, or city, including any
charter city, that funds all combined public safety services within
its respective jurisdiction from existing local financial resources,
in an amount for the fiscal year that is less than the base amount
for that local agency, shall have its total fiscal year allocations
from the Public Safety Augmentation Fund reduced by the difference
between those amounts. Any amount not allocated to a county as a
result of this paragraph shall be allocated to cities in that county
in proportion to the total fiscal year allocations otherwise received
by those cities pursuant to Section 30054, and any amount not
allocated to a city or cities as a result of this paragraph shall be
allocated to the county. For purposes of applying this subdivision,
the amount of funding within a local jurisdiction for combined public
safety services for each fiscal year shall be determined in
accordance with the budget adopted by that jurisdiction for that
fiscal year. For any city that is subject to a final arbitration
decision, that is rendered on or before December 31, 1994, pursuant
to binding labor arbitration as required by that city's charter as
approved by the voters on November 4, 1980, the amount of funding for
combined public safety services for the 1994-95 fiscal year shall be
determined in accordance with any amended budget adopted by that
city for the 1994-95 fiscal year.
(b) For the purposes of this section:
(1) "Local financial resources" means local general fund appropriations for operational expenses and allocations from the Public Safety Augmentation Fund, but shall not include any of the following amounts:
(A) Grant funds received by a county, city and county, or city, including any charter city, from any source.
(B) Revenues received by a county or city and county for the child support-related activities of the district attorney performed pursuant to Part D Subchapter 4 of the Social Security Act (42 U.S.C. 301 et seq.).
(C) Asset forfeiture revenues received by a county, city and county, or city, including any charter city.
(D) Revenues appropriated by a county, city and county, or city, including any charter city, for capital outlay expenditures.
(E) Revenues appropriated by a county, city and county, or city, including any charter city, for one-time expenditures.
(F) Any amount that is attributable to a decrease in appropriations by a county, city and county, or city, including any charter city, for retirement costs or workers' compensation costs that do not result in a change in benefit levels.
(G) Revenues received by a county, city and county, or city, including a charter city, pursuant to a contract under which that county, city and county, or city provides public safety services for another jurisdiction.
(H) Revenues that were not appropriated by a county, city and county, or city, including any charter city, for public safety services in the base year, but are so appropriated in the current fiscal year as a result of a change of organization or reorganization that became effective pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5) subsequent to the base year.
(I) Revenues received by a county or city and county pursuant to Chapter 3 (commencing with Section 15200) of Part 6 of Division 3 of Title 2, or any other reimbursement by the state for homicide trial costs, including, but not limited to, Chapter 1649 of the Statutes of 1990 and its successors.
(J) Revenues derived from any source by a county, city and county, or city, including any charter city, to respond to a state of emergency declared by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2).
(2) "Base year" means, for each county, city and county, or city, the 1992-93 fiscal year.
(3) "Base amount for that local agency" means an amount, equal to the amount of the adopted budget for all combined public safety services within its respective jurisdiction for the base year, that is adjusted as follows:
(A) For the 1994-95 fiscal year only, that amount shall be increased or decreased in accordance with the positive or negative difference between the amount allocated for the 1994-95 fiscal year to that local agency from the Public Safety Augmentation Fund and the corresponding amount allocated to that local agency for the 1993-94 fiscal year. For purposes of this subparagraph, the amount to be allocated to the local agency from the Public Safety Augmentation Fund for the 1994-95 fiscal year shall be estimated based on the allocations to that agency determined over the first six months of that fiscal year.
(B) For the 1995-96 fiscal year and each fiscal year thereafter, that amount shall be increased or decreased in accordance with the positive or negative difference between (i) the amount allocated to the local agency from the Public Safety Augmentation Fund in the immediately preceding fiscal year, and (ii) the corresponding amount allocated to the local agency in the next preceding fiscal year. Notwithstanding any other provision of this subparagraph, in no event shall the base amount for a local agency be less than the amount of funding for all combined public safety services within the jurisdiction of that local agency for the base year.
(4) The amount of funding for all combined public safety services within the jurisdiction of a local agency for the base year does not include any of the following amounts:
(A) Grant funds from any source expended by a county, city and county, or city, including any charter city, during the base year for public safety services.
(B) Revenues received by a county or city and county for the child support-related activities of the district attorney performed pursuant to Part D of Subchapter 4 of the Social Security Act (42 U.S.C. 301 et seq.).
(C) Asset forfeiture revenues expended by a county, city and county, or city, including any charter city, during the base year for public safety services.
(D) Capital outlay funds expended by a county, city and county, or city, including any charter city, during the base year for public safety.
(E) Any amount expended by a city and county during the base year to fund retirement costs that are not attributable to any change in benefit levels.
(F) Any amount expended by a county, city and county, or city, including any charter city, during the base year to fund one-time expenditures for public safety services.
(G) Any amount expended during the base year by a county, city and county, or city pursuant to a contract under which that county, city and county, or city provides public safety services for another jurisdiction.
(H) Amounts expended by a county, city and county, or city, including any charter city, in the base year for public safety services that are not appropriated for similar expenditure in the current fiscal year as a result of a change of organization or reorganization that became effective pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5) subsequent to the base year.
(I) Any amount expended during the base year for homicide trial costs that are reimbursable pursuant to Chapter 3 (commencing with Section 15200) of Part 6 of Division 3 of Title 2 or any other program, including, but not limited to, Chapter 1649 of the Statutes of 1990 and its successors.
(J) Any amount expended during the base year to provide public safety services during a state of emergency declared by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2).
(c) This section shall not be applicable to any of the following jurisdictions:
(1) With respect to a specific fiscal year, any county, city and county, or city whose legislative body has entered into a memorandum of understanding or other binding agreement on or before the adoption of the budget of the county, city, or city and county for that fiscal year with all local public safety entities that relates to those entities' respective shares of the local agency's allocation from the county's Public Safety Augmentation Fund.
(2) Any city for which the amount of the reduction calculated under Section 97.035 of the Revenue and Taxation Code is zero.
(d) Officials of a county, city and county, or city, including any charter city, shall, upon request, provide the county auditor any information that the auditor needs to make the determinations required by this section. In carrying out the requirements of this section, the auditor may, but is not required to, audit the information provided by a county, city and county, or city, including any charter city.
(e) It is the intent of the Legislature that this section shall apply to all cities, including charter cities. The Legislature finds and declares that the allocation of the Public Safety Augmentation Fund is a matter of statewide concern and is not merely a municipal affair or a matter of local interest.
(b) For the purposes of this section:
(1) "Local financial resources" means local general fund appropriations for operational expenses and allocations from the Public Safety Augmentation Fund, but shall not include any of the following amounts:
(A) Grant funds received by a county, city and county, or city, including any charter city, from any source.
(B) Revenues received by a county or city and county for the child support-related activities of the district attorney performed pursuant to Part D Subchapter 4 of the Social Security Act (42 U.S.C. 301 et seq.).
(C) Asset forfeiture revenues received by a county, city and county, or city, including any charter city.
(D) Revenues appropriated by a county, city and county, or city, including any charter city, for capital outlay expenditures.
(E) Revenues appropriated by a county, city and county, or city, including any charter city, for one-time expenditures.
(F) Any amount that is attributable to a decrease in appropriations by a county, city and county, or city, including any charter city, for retirement costs or workers' compensation costs that do not result in a change in benefit levels.
(G) Revenues received by a county, city and county, or city, including a charter city, pursuant to a contract under which that county, city and county, or city provides public safety services for another jurisdiction.
(H) Revenues that were not appropriated by a county, city and county, or city, including any charter city, for public safety services in the base year, but are so appropriated in the current fiscal year as a result of a change of organization or reorganization that became effective pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5) subsequent to the base year.
(I) Revenues received by a county or city and county pursuant to Chapter 3 (commencing with Section 15200) of Part 6 of Division 3 of Title 2, or any other reimbursement by the state for homicide trial costs, including, but not limited to, Chapter 1649 of the Statutes of 1990 and its successors.
(J) Revenues derived from any source by a county, city and county, or city, including any charter city, to respond to a state of emergency declared by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2).
(2) "Base year" means, for each county, city and county, or city, the 1992-93 fiscal year.
(3) "Base amount for that local agency" means an amount, equal to the amount of the adopted budget for all combined public safety services within its respective jurisdiction for the base year, that is adjusted as follows:
(A) For the 1994-95 fiscal year only, that amount shall be increased or decreased in accordance with the positive or negative difference between the amount allocated for the 1994-95 fiscal year to that local agency from the Public Safety Augmentation Fund and the corresponding amount allocated to that local agency for the 1993-94 fiscal year. For purposes of this subparagraph, the amount to be allocated to the local agency from the Public Safety Augmentation Fund for the 1994-95 fiscal year shall be estimated based on the allocations to that agency determined over the first six months of that fiscal year.
(B) For the 1995-96 fiscal year and each fiscal year thereafter, that amount shall be increased or decreased in accordance with the positive or negative difference between (i) the amount allocated to the local agency from the Public Safety Augmentation Fund in the immediately preceding fiscal year, and (ii) the corresponding amount allocated to the local agency in the next preceding fiscal year. Notwithstanding any other provision of this subparagraph, in no event shall the base amount for a local agency be less than the amount of funding for all combined public safety services within the jurisdiction of that local agency for the base year.
(4) The amount of funding for all combined public safety services within the jurisdiction of a local agency for the base year does not include any of the following amounts:
(A) Grant funds from any source expended by a county, city and county, or city, including any charter city, during the base year for public safety services.
(B) Revenues received by a county or city and county for the child support-related activities of the district attorney performed pursuant to Part D of Subchapter 4 of the Social Security Act (42 U.S.C. 301 et seq.).
(C) Asset forfeiture revenues expended by a county, city and county, or city, including any charter city, during the base year for public safety services.
(D) Capital outlay funds expended by a county, city and county, or city, including any charter city, during the base year for public safety.
(E) Any amount expended by a city and county during the base year to fund retirement costs that are not attributable to any change in benefit levels.
(F) Any amount expended by a county, city and county, or city, including any charter city, during the base year to fund one-time expenditures for public safety services.
(G) Any amount expended during the base year by a county, city and county, or city pursuant to a contract under which that county, city and county, or city provides public safety services for another jurisdiction.
(H) Amounts expended by a county, city and county, or city, including any charter city, in the base year for public safety services that are not appropriated for similar expenditure in the current fiscal year as a result of a change of organization or reorganization that became effective pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5) subsequent to the base year.
(I) Any amount expended during the base year for homicide trial costs that are reimbursable pursuant to Chapter 3 (commencing with Section 15200) of Part 6 of Division 3 of Title 2 or any other program, including, but not limited to, Chapter 1649 of the Statutes of 1990 and its successors.
(J) Any amount expended during the base year to provide public safety services during a state of emergency declared by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2).
(c) This section shall not be applicable to any of the following jurisdictions:
(1) With respect to a specific fiscal year, any county, city and county, or city whose legislative body has entered into a memorandum of understanding or other binding agreement on or before the adoption of the budget of the county, city, or city and county for that fiscal year with all local public safety entities that relates to those entities' respective shares of the local agency's allocation from the county's Public Safety Augmentation Fund.
(2) Any city for which the amount of the reduction calculated under Section 97.035 of the Revenue and Taxation Code is zero.
(d) Officials of a county, city and county, or city, including any charter city, shall, upon request, provide the county auditor any information that the auditor needs to make the determinations required by this section. In carrying out the requirements of this section, the auditor may, but is not required to, audit the information provided by a county, city and county, or city, including any charter city.
(e) It is the intent of the Legislature that this section shall apply to all cities, including charter cities. The Legislature finds and declares that the allocation of the Public Safety Augmentation Fund is a matter of statewide concern and is not merely a municipal affair or a matter of local interest.
