Roundup: Latest Actions from the Commission on State Mandates and What It Means for Counties

The staff at the Commission on State Mandates have been busy beavers in recent weeks and months. Detailed below are four recent actions from the Commission and their staff notable for counties and future potential opportunities for reimbursement for state-mandated programs.  

To receive updates directly from the Commission, subscribe to their email lists. Questions about the Commission on State Mandates or the state mandate reimbursement process in general? Contact Jessica Sankus, Principal Fiscal and Policy Analyst, at jsankus@counties.org. 

Background: The Commission on State Mandates and the Reimbursement Process
While counties are required to comply with all state mandates, counties only receive funding to carry out a select group of state-mandated programs in the form of after-the-fact reimbursement payments from the state. After a bill is signed into law, reimbursement for counties to comply with state-mandated programs is not automatic. Rather, counties initiate the process to receive reimbursement via filing a “test claim” for reimbursement with the Commission on State Mandates. The Commission on State Mandates deliberates and determines whether the new law meets the criteria for reimbursement. If the Commission determines that it does, the Commission begins work on Parameters and Guidelines, which establish a process and rate for reimbursement for the program. For more information about state mandates and the Commission on State Mandates, see CSAC’s Issue Brief on State-Mandated Programs and CSAC’s publication, Meeting the Mandate: Counties Respond to Shifting Costs, Responsibilities, and Outcomes. 

Child Physical Abuse and Neglect Exams (24-TC-05)
Summary: AB 1402 (Chapter 841, Statutes of 2023) intended to provide no-cost medical examinations to victims of child abuse and neglect by prohibiting charging the victims. The bill required counties to set up systems to provide examinations at no cost to the victim and instead submit invoices for reimbursement to the Governor’s Office of Emergency Services, subject to appropriation by the Legislature. The Legislature did not provide an appropriation for this purpose in subsequent state budgets. The provisions of this bill resulted in the removal of authority for county human services departments (or the appropriate equivalent) to bill Medi-Cal for these services. Prior to AB 1402, counties billed Medi-Cal or private health insurance for physical abuse or neglect exams. The test claim for reimbursement argues that the state must reimburse counties for the cost of physical abuse or neglect exams for children.  

Recent Action: On September 26, Commission staff published a draft proposed decision for this test claim, and therein recommends that the Commission partially approve the test claim. 

Next Steps: Counties can file written comments on the draft proposed decision by 5:00pm on Friday, October 17. The Commission plans to act on this test claim during their hearing on Friday, February 13, 2026.  

Internet Websites and Email Addresses (24-TC-04) 
Summary: AB 1637 (Chapter 877, Statues of 2023) requires cities and counties to ensure that their Internet website utilizes a “.gov” domain or a “.ca.gov” domain, and to ensure that each email address provided to its employees utilizes a “.gov” or a “.ca.gov” domain name by January 1, 2029. The test claim for reimbursement argues that the costs for local governments to comply with this new requirement are reimbursable pursuant to the California Constitution, which requires the state to reimburse local governments for the expense of carrying out new programs mandated by the state. 

Recent Action: On September 19, Commission staff published a draft proposed decision for this test claim, and therein recommends that the Commission vote to approve the test claim.  

Next Steps: Counties can file written comments on the draft proposed decision by 5:00pm on Friday, October 10. The Commission plans to act on this test claim during their hearing on Friday, December 5.

Criminal Procedure: Discrimination (24-TC-02) aka The Racial Justice Act  
Summary: AB 256 (Chapter 739, Statutes of 2022) expanded the provisions of AB 2542 (Chapter 317, Statues of 2020), the original Racial Justice Act, and made these requirements retroactive as well as prospective. The Racial Justice Act provides that individuals charged with or convicted of a crime may file habeas corpus petitions to raise issues of bias or discrimination based on race, ethnicity, or national origin in their cases. The test claim for reimbursement argues that counties should be reimbursed by the state for the costs of Public Defenders to comply with AB 256, specifically the obligation to represent individuals who allege issues of bias or discrimination in their cases.  

Recent Action: On Friday, September 26, the Commission on State Mandates voted to approve the test claim for county reimbursement for costs incurred to comply with the Racial Justice Act. On September 29, the Commission published the draft Parameters and Guidelines for reimbursement.  

Next Steps: Counties can file written comments on the draft Parameters and Guidelines by 5:00 pm on Friday, October 17. The Commission intends to hear this matter either on December 5, 2025 or February 13, 2026. 

Elections: Ballot Label (24-TC-01)
Summary: AB 1416 (Chapter 751, Statutes of 2022) requires lists of “supporters” and “opponents” also be listed on the ballot label for statewide measures, as defined. A ballot label is the portion of the ballot that includes information about the candidate or the measure for consideration before the voter. This includes a title and a brief summary or description. The new activities and subsequent costs identified as a result of AB 1416 in the test claim are the increased printing costs for additional ballot cards. 

Recent Action: On Friday, July 25, the Commission on State Mandates voted to approve the test claim for county reimbursement for costs incurred to comply with the Ballot DISCLOSE Act. On September 9, the Commission published the draft Parameters and Guidelines for reimbursement, and intends to hear this matter on December 5. 

Next Steps: Once the Commission adopts the Parameters and Guidelines and the State Controller’s Office publishes the subsequent claiming instructions, counties must submit claims for costs incurred during the “initial fiscal years” to the State Controller’s Office within 120 days of the issuance of the claiming instructions (Government Code Section 17561). The “initial reimbursement claim process” is for costs to be reimbursed for the fiscal years specified in the first claiming instructions and Parameters and Guidelines.