BILL NUMBER: AB 2081 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 9, 2010
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Committee on Education (Brownley (Chair), Nestande
(Vice Chair), Ammiano, Arambula, Carter, Eng, and Torlakson)
FEBRUARY 18, 2010
An act to amend Sections 1274, 5200, 1266,
1274, 1510, 5200, 15235, 35331, 35534, and 35542 of the
Education Code, relating to education.
LEGISLATIVE COUNSEL'S DIGEST
AB 2081, as amended, Committee on Education. Education.
(1) Existing law requires the county superintendent of
schools, upon the request of the governing board of a school district
within his or her jurisdiction that elects to take advantage of
specified provisions of law, to transfer a specified sum from the
general fund of the school district to the school maintenance and
repair fund.
This bill would delete obsolete cross-references relating to these
provisions and would make technical changes.
(2) Existing law authorizes a
county superintendent of schools to establish a fund or funds for
losses and payments, including, but not limited to, property of the
superintendent, any liability, and workers' compensation, in the
county treasury for the purpose of covering the deductible amount
under deductible types of insurance policies, losses or payments
arising from self-insurance programs, or losses or payments due to
noninsured perils. Existing law specifies that these provisions do
not preclude a county superintendent from providing protection
against those losses and liability partly by means of insurance
written by acceptable insurers.
This bill would delete an obsolete cross-reference relating to
insurance and would make technical changes.
(3) Existing law requires that all expenses necessary for the
county board of education, the county committee on school district
organization, and the county superintendent of schools, to comply
with certain provisions of law, are payable from the county general
fund, except as specified.
This bill would delete an obsolete cross-reference relating to
these provisions.
(2)
(4) Existing law requires a unified school district
that is coterminous with or includes within its boundaries a
chartered city or city and county to be governed by the board of
education provided for in the charter of the city or city and county.
Existing law exempts such a unified school district from certain
provisions of law, except as specified.
This bill would delete an obsolete cross-reference relating to
these provisions and would make technical changes.
(5) Existing law requires that certain school funds be transferred
to the special reserve fund of a school district, or designated
building fund of a community college district, and be used only for
specified purposes.
This bill would delete obsolete cross-references relating to these
provisions.
(6) Existing law authorizes the governing board of a school
district or the county superintendent of schools of a county to,
among other things, conduct field trips or excursions in connection
with courses of instruction or school-related social, educational,
cultural, athletic, or school band activities.
This bill would delete an obsolete cross-reference relating to
these provisions.
(3)
(7) Existing law provides that any action to reorganize
a school district shall be effective for all purposes on July 1 of
the calendar year following the calendar year in which the action is
completed, except as specified.
This bill would correct an erroneous cross-reference relating to
these provisions.
(4)
(8) Existing law provides that whenever the boundaries
of an elementary school district and a high school district become
coterminous, the districts are merged into a new unified district.
Existing law authorizes an elementary school district that has
boundaries within a high school district to be excluded from an
action to unify those districts if the governing board receives
approval from the State Board of Education.
This bill would instead authorize an elementary school district
that has boundaries within a high school district to be excluded from
an action to unify those districts if the governing board receives
approval from the county committee, if specified conditions are met,
or from the state board if these conditions are not met.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1266 of the
Education Code is amended to read:
1266. Whenever the county superintendent of schools of any county
provides for the maintenance and repair of the property of
such any school districts under his or her
jurisdiction as that elect to take
advantage of the provisions of Sections 1264
1267 to 1270, inclusive, he or she shall , upon the
request of the governing board of any such
that district , transfer from the general fund of the
district to the "school maintenance and repair fund" a sum not to
exceed 1 percent of the amount apportioned from the State School Fund
to the district during the fiscal year in which the governing board
of the district notifies him or her of its election to take advantage
of the provisions of Sections 1264 1267
to 1270, inclusive.
SECTION 1. SEC. 2. Section 1274 of
the Education Code is amended to read:
1274. The county superintendent of schools may establish a fund
or funds for losses, and payments, including, but not limited to,
property of the county superintendent of schools, any liability, and
workers' compensation, in the county treasury for the purpose of
covering the deductible amount under deductible types of insurance
policies, losses or payments arising from self-insurance programs, or
losses or payments due to noninsured perils. In the fund or funds
shall be placed such sums, to be provided in the budget of the county
superintendent of schools, as will create an amount which, together
with investments made from the fund or funds, will be sufficient in
the judgment of the county superintendent of schools to protect the
county superintendent of schools from those losses or to provide for
payments on the deductible amount under deductible types of insurance
policies, losses or payments arising from self-insurance programs,
or losses or payments due to noninsured perils. Nothing in this
section shall be construed as prohibiting the county superintendent
of schools from providing protection against those losses or
liability for the payment of claims partly by means of the fund or
funds and partly by means of insurance written by acceptable
insurers.
The fund or funds shall be considered as separate and apart from
all other funds of the county superintendent of schools, and the
balance therein shall not be considered as being part of the working
cash of the county superintendent of schools in compiling annual
budgets.
Warrants may be drawn on, or transfers made from, the fund or
funds so created only to reimburse or indemnify the county
superintendent of schools for losses as herein specified, and for the
payment of claims, administrative costs, related services, and to
provide for deductible insurance amounts and purchase of excess
insurance. The warrants or transfers shall be within the purpose of
the fund or funds as established by the county superintendent of
schools.
The cash placed in the fund or funds may be invested and
reinvested by the county treasurer, with the advice and consent of
the county superintendent of schools, in securities which are legal
investments for surplus county funds in this state. The income
derived from the investments, together with interest earned on
uninvested funds, shall be considered revenue of and be deposited in
the fund. The cost of contracts or services authorized by this
section are appropriate charges against the respective fund.
The county superintendent of schools may contract for
investigative, administrative, and claims adjustment services
relating to claims. The contract may provide that the contracting
firm may reject, settle, compromise, and approve claims against the
county superintendent of schools, its officers or employees, within
those limits and for those amounts as the county superintendent of
schools may specify, and may provide that the contracting firm may
execute and issue checks in payment of those claims, which checks
shall be payable only from a trust account which may be established
by the county superintendent of schools. Funds in the trust account
established by the county superintendent of schools pursuant to the
provisions of this section shall not exceed a sum sufficient as
determined by the superintendent to provide for the settlement of
claims for a 30-day period. The rejection or settlement and approval
of a claim by the contracting firm in accordance with the terms of
the contract shall have the same effect as would the rejection or
settlement and approval of the claim by the county superintendent of
schools. The contract may also provide that the contracting firm may
employ legal counsel, subject to those terms and limitations as the
county superintendent of schools may prescribe, to advise the
contracting firm concerning the legality and advisability of
rejecting, settling, compromising, and paying claims referred to the
contracting firm by the county superintendent of schools for
investigation and adjustment, or to represent the superintendent in
litigation concerning the claims. The compensation and expenses of
the attorney for services rendered to the county superintendent of
schools shall be an appropriate charge against the appropriate fund.
The contract provided for in this section may contain any other
terms and conditions the county superintendent of schools may
consider necessary or desirable to effectuate the superintendent's
self-insured programs.
In lieu of, or in addition to, contracting for the services
described in this section, the county superintendent of schools may
authorize an employee or employees to perform any or all of the
services and functions which the county superintendent of schools may
contract for under the provisions of this section.
As used in this section, "firm" includes a person, corporation, or
other legal entity.
A county superintendent of schools may participate in, or
administer, insurance for one or more school or community college
districts pursuant to this section, and Section 81602.
SEC. 3. Section 1510 of the Education
Code is amended to read:
1510. (a) Except as provided in Section
1500, all expenses necessary for the county board of education, the
county committee on school district organization, and the county
superintendent of schools to comply with the following provisions are
payable from the county general fund: Sections 1090,
1091, 1092, 1093, 1094, 1095, 1096, 1200, 1201, 1202, 1203, 1240,
1243, 1244, 1245, 1290, 1298, 2600, 5425, 5426, 10020, 16061, 16166,
22800.5, 23000, 23002, 23003, 23004, 23005, 23006,
23008, 35102, 40000, 42124, 42636, 42638, 42643, 42662, 42670,
42671, 42672, 42673, 42674, 42675, 42676, 42677, 42678, 42690, 42691,
42692, 42693, 42694, 42800, 44323, 44422, 44427, 44428, 44429,
44430, 44433, 44434, 44435, 44436, 44437, 44816, 44843, 44857, 45034,
45056, 45057, 48263, 49406, 52550, 52551, 85236, 85238, 85243,
85272, 85280, 85281, 85282, 85283, 85284, 85285, 85286, 85287, 85288,
85300, 85301, 85302, 85303, and 85304.
This
(b) This section shall not be
construed to prohibit support from the county general fund from being
provided for duties and services performed pursuant to sections
enumerated above for those counties operating under the provisions of
Section 1080.
SEC. 2. SEC. 4. Section 5200 of the
Education Code is amended to read:
5200. Any unified school district that is coterminous with or
includes within its boundaries a chartered city or city and county
shall be governed by the board of education provided for in the
charter of the city or city and county. Sections 5000, 5017, 5090,
5091, 35013, 35101, and 35105 shall not apply to such unified school
districts, except as follows:
(a) As provided in the charter of the city or city and county.
(b) If the charter of the city or city and county fails to provide
for a board of education or for any or all of the matters specified
in Sections 5000, 5017, 5090, 5091, 5222, 35013, 35101, and 35105,
those sections shall apply as to the matter not provided for in the
charter.
SEC. 5. Section 15235 of the Education
Code is amended to read:
15235. Any money paid into the county treasury of the county and
credited to the interest and sinking fund of any district
pursuant to subdivision (b) of Section 2106 or subdivision (b) of
Section 2109 remaining after the payment of all bonds and
coupons payable from the fund, or which is in excess of an amount
sufficient to pay all unpaid bonds and coupons payable from the fund,
shall be transferred to the special reserve fund of the school
district, or designated building fund of the community college
district upon the order of the auditor, and may be used only for the
purpose specified in Section 42840 or in accordance with the
California Community Colleges Budget and Accounting Manual and for no
other purpose.
SEC. 6. Section 35331 of the Education
Code is amended to read:
35331. (a) The governing board of any school district conducting
excursions and field trips pursuant to this article shall provide, or
make available, medical or hospital service, or both, for pupils of
the district injured while participating in any excursion or field
trip under the jurisdiction of, or sponsored or controlled by, the
district or the authorities of any school of the district.
(b) (1) The medical or hospital service, or both, described in
subdivision (a) shall be provided, or made available, through any of
the following:
(A) One or more nonprofit membership corporations defraying the
cost of medical or hospital service, or both.
(B) One or more group, blanket, or individual policies of accident
insurance from an authorized insurer.
(C) A self-insurance program of the school district.
(2) The cost incurred by the school district pursuant to this
subdivision may be paid from the funds of the district, or by the
insured pupil or his or her parent or guardian.
(3) The membership may be taken in, or the insurance may be
purchased from, only those corporations or insurers that are
authorized to do business in this state. If the coverage described in
this subdivision is to be provided through a self-insurance program
of the school district, claims may be paid from a fund established
for that purpose pursuant to Section 39602 .
SEC. 3. SEC. 7. Section 35534 of the
Education Code is amended to read:
35534. Except as provided in Sections 35536 and 35786 and subject
to compliance with Section 54900 of the Government Code, any action
to reorganize a school district shall be effective for all purposes
on July 1 of the calendar year following the calendar year in which
the action is completed.
SEC. 4. SEC. 8. Section 35542 of the
Education Code is amended to read:
35542. (a) Whenever the boundaries of an elementary school
district and a high school district become coterminous, the districts
are merged into a new unified district.
(b) Notwithstanding subdivision (a), an elementary school district
that has boundaries that are totally within a high school district
may be excluded from an action to unify those districts if the
governing board receives approval for an exclusion from the county
committee if the conditions of subdivision (b) of Section 35710 are
met or from the state board if those conditions are not met. Any
elementary school district so authorized to be excluded from an
action to unify , may continue to feed into the
coterminous high school under the same terms that existed before any
action to unify pursuant to subdivision (a).