§ 29553

679 words·~3 min read·/ca/government-code/29553

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The amount specified in Chapter 92 of the Statutes of 2020 shall be appropriated according to the methodology specified within this section to counties to provide fiscal relief due to the repeal of the fees specified in Chapter 92 of the Statutes of 2020.

(b)The Director of Finance shall finalize a methodology used to determine per-county allocations commencing in the 2021–22 fiscal year and maintained through the 2025–26 fiscal year. The methodology shall be based on all of the following:

(1)Fifty percent of the annual appropriation shall be based on the three-year average of each county’s adult population compared to that of the state from 2017 to 2019, inclusive. For the purposes of this paragraph, population refers to the adult population as documented by the most recent federal census.

(2)Twenty-five percent of the annual appropriation shall be based on the three-year average of each county’s total felony and misdemeanor arrests compared to that of the state from 2017 to 2019, inclusive. For the purposes of this paragraph, arrests refer to adult felony and misdemeanor arrests as documented by the Department of Justice.

(3)Twenty-five percent of the annual appropriation shall be based on the three-year average of each county’s total traffic and nontraffic felony and misdemeanor filings compared to that of the state from 2017 to 2019, inclusive. For the purposes of this paragraph, filings refer to adult felony and misdemeanor filings as documented by the Judicial Council.

(c)For the allocations in accordance with subdivision (b), each county’s board of supervisors shall have the authority to determine how such money will be spent.

(d)No later than October 1, 2021, the Director of Finance shall provide the Assembly and Senate budget subcommittees on public safety, the Legislative Analyst’s Office, and the Joint Legislative Budget Committee with the county allocation schedule.

(e)No later than May 1, 2022, each county’s board of supervisors receiving fiscal relief pursuant to this section shall submit a report to the Director of Finance, the Legislative Analyst’s Office, and the Joint Legislative Budget Committee detailing the actual revenue lost from each individual fee repealed by Chapter 92 of the Statutes of 2020 for each of the three most recent years that a county collected this revenue prior to enactment of Chapter 92 of the Statutes of 2020.

(1)To the extent a county is unable to provide data on its actual revenue loss, the county shall provide a detailed description of how it calculated the revenue loss, report on actual amounts for the most recent year in which they collected with their estimate of the amount along with their methodology of calculation, and report this information by category instead of each of the individual 23 code sections repealed by Chapter 92 of the Statutes of 2020.

(2)To the extent that the local court collects any of the fees repealed by this act on behalf of the county, the court shall provide the three-year revenue collection data to the county upon request.

(f)For the years in which funding is allocated pursuant to the methodology within this section, a county shall submit a report to the Director of Finance, the Legislative Analyst’s Office, and the Joint Legislative Budget Committee that documents how the backfill allocation was spent. This report shall be submitted no later than January 10 of every year beginning in 2023 for funding that was provided pursuant to this section in the prior year. At minimum, the report shall contain the following:

(1)The total annual budget of the county department or departments that receive the allocation, the share of this allocation received, and an accounting of the expenditures of the allocation by county department that receive a share of this allocation.

(2)A description of the programs, services, strategies, and enhancements supported by or made with the allocation by county department.

(g)This statute shall remain in effect only until July 1, 2026, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2026, deletes or extends that date.