BILL NUMBER: SB 1058 CHAPTERED
BILL TEXT
CHAPTER 806
FILED WITH SECRETARY OF STATE OCTOBER 11, 2003
APPROVED BY GOVERNOR OCTOBER 10, 2003
PASSED THE SENATE SEPTEMBER 12, 2003
PASSED THE ASSEMBLY SEPTEMBER 10, 2003
AMENDED IN ASSEMBLY SEPTEMBER 9, 2003
AMENDED IN ASSEMBLY SEPTEMBER 8, 2003
INTRODUCED BY Senator Torlakson
FEBRUARY 27, 2003
An act to add and repeal Section 60227 to the Education Code,
relating to children, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1058, Torlakson. Instructional materials: children's mental
health programs.
(1) Existing law requires the State Board of Education to adopt
basic instructional materials for use in kindergarten and grades 1 to
8, inclusive. Existing law further requires the state board to
ensure that curriculum frameworks are reviewed and adopted in each
subject area consistent with specified submission cycles.
This bill would, until January 1, 2007, require the State
Department of Education, prior to conducting a followup adoption, to
notify all publishers and manufacturers known to produce basic
instructional materials in that subject, that a fee will be assessed
based on the number of programs the publisher or manufacturer
indicates will be submitted. The bill would prohibit a review of a
submission until the fee is paid in full. The bill would
continuously appropriate to the department the revenue derived from
this fee and would make the revenue available to the department from
year to year until expended.
(2) The Budget Act of 2003 requires that $69,000,000 of certain
funds appropriated to the Department of Education for special
education programs for exceptional children be used exclusively to
support mental health services provided during the 2003-04 fiscal
year by county mental health agencies pursuant to specified
provisions.
This bill would provide that these funds shall not be used by the
Controller for recoupment of prior year audit findings.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 60227 is added to the Education Code, to read:
60227. (a) For purposes of this section, a followup adoption is
any adoption other than the primary adoption that occurs within a
six- or eight-year cycle established pursuant to subdivision (b) of
Section 60200.
(b) Before conducting a followup adoption in a given subject, the
department shall provide notice, pursuant to subdivision (c), to all
publishers or manufacturers known to produce basic instructional
materials in that subject, post an appropriate notice on the
department's Internet site, and take other reasonable measures to
ensure that appropriate notice is widely circulated to potentially
interested publishers and manufacturers.
(c) The notice shall specify that each publisher or manufacturer
choosing to participate in the followup adoption shall be assessed a
fee based upon the number of programs the publisher or manufacturer
indicates will be submitted for review and the number of grade levels
proposed to be covered by each program.
(d) The fee shall offset the cost of conducting the followup
adoption process and shall reflect the department's best estimate of
the cost. The department shall take reasonable steps to limit costs
of the followup adoption and to keep the fee modest, recognizing that
some of the work necessary for the primary adoption need not be
duplicated.
(e) The department, prior to incurring substantial costs for the
followup adoption, shall require that a publisher or manufacturer who
wishes to participate in the followup adoption first declare the
intent to submit one or more specific programs for the followup
adoption and specify the specific grade levels to be covered by each
program. After a publisher or manufacturer has declared the intent
to submit one or more programs and the grade levels to be covered by
each program, a fee shall be assessed by the department. The fee
shall be payable by the publisher or manufacturer even if the
publisher subsequently chooses to withdraw a program or reduce the
number of grade levels covered. A submission by a publisher or
manufacturer may not be reviewed for purposes of adoption, either in
a followup adoption or in any other primary or followup adoption
conducted thereafter, until the fee assessed has been paid in full.
(f) (1) It is the intent of the Legislature that the fee not be so
substantial that it prevents small publishers or manufacturers from
participating in a followup adoption.
(2) Upon the request of a small publisher or manufacturer, the
State Board of Education may reduce the fee for participation in the
followup adoption.
(3) For purposes of this section, "small publisher" and "small
manufacturer" mean an independently owned or operated publisher or
manufacturer who is not dominant in its field of operation, and who,
together with its affiliates, has 100 or fewer employees, and has
average annual gross receipts of ten million dollars ($10,000,000) or
less over the previous three years.
(g) Notwithstanding subdivision (b) of Section 60200, if the
department determines that there is little or no interest in
participating in a followup adoption by publishers and manufacturers,
it shall recommend to the State Board of Education that the followup
adoption not be conducted, and the State Board of Education may
chose not to conduct the followup adoption.
(h) Notwithstanding Section 13340 of the Government Code, revenue
derived from fees charged pursuant to subdivision (c) is hereby
continuously appropriated and available to the department from year
to year until expended. Revenue derived from fees charged pursuant
to subdivision (c) may be used to pay costs associated with any
followup adoption and any costs associated with the review of
instructional materials.
(i) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date.
SEC. 2. Notwithstanding any other provision of law, funds
appropriated pursuant to Provision 17 of Item 6110-161-0890 of the
Budget Act of 2003 (Ch. 157, Stats. 2001) shall not be used by the
Controller for recoupment of prior year audit findings.