BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 1908|
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                                 THIRD READING


          Bill No:  AB 1908
          Author:   Alejo (D), et al.
          Amended:  As introduced
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  6-1, 6/13/12
          AYES:  Lowenthal, Alquist, Hancock, Liu, Price, Simitian
          NOES:  Huff
          NO VOTE RECORDED:  Runner, Blakeslee, Vargas, Vacancy

           SENATE APPROPRIATIONS COMMITTEE  :  5-2, 8/16/12
          AYES:  Kehoe, Alquist, Lieu, Price, Steinberg
          NOES:  Walters, Dutton

          ASSEMBLY FLOOR  :  49-22, 4/26/12 - See last page for vote


           SUBJECT :    Classified employees:  notice of layoff

           SOURCE  :     California School Employees Association


           DIGEST  :    This bill increases from 45 to 60 days the 
          layoff notice requirement for classified employees working 
          in California Community Colleges (CCCs) and public schools.

           ANALYSIS  :    Existing law requires classified employees 
          working in public schools and CCCs to be provided written 
          notice not less than 45 days prior to the effective date of 
          a layoff.  When positions must be eliminated at the end of 
          the school year due to the expiration of a specially funded 
          program, affected employees must be given written notice on 
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          or before April 29 of the year in question.  (If the 
          termination date of the program is other than June 30, the 
          notice must be given not less than 45 days before the 
          effective date of the layoff.) 

          This bill changes the layoff notification timeline for CCC, 
          COE, and school district classified employees, requiring a 
          minimum of 60 days' notice rather than the 45 days required 
          under existing law. 

           Related Legislation
           
          AB 290 (Firebaugh), Chapter 880, Statutes of 2003, required 
          school districts and CCCs to provide classified employees 
          with notice of layoffs 45 days in advance. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

          According to the Senate Appropriations Committee, 
          potentially substantial reimbursable mandate on CCCs, 
          school districts, and county offices of education for 
          administrative costs to implement the bill, as well as 
          wages, and benefits to continue employment for a longer 
          period of time. 

           SUPPORT  :   (Verified  8/16/12)

          California School Employees Association (source) 
          American Federation of State, County and Municipal 
          Employees, AFL-CIO
          California Federation of Teachers
          California Labor Federation
          California Professional Firefighters
          California School Employees Association
          Laborers' International Union of North America, Local 777
          Los Angeles Unified School District
          Service Employees International Union

           OPPOSITION  :    (Verified  8/16/12)

          Association of California Community College Administrators
          Association of California School Administrators
          California Association of School Business Officials

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          California School Boards Association
          Community College League of California

           ARGUMENTS IN SUPPORT  :    According to the author, the 
          current 45-day layoff notice for classified staff is 
          inequitable and does not provide sufficient time for an 
          employee to prepare for the loss of his or her job.  
          Supporters state that "the state's budget crisis has 
          dramatically impacted classified school employees, 30,000 
          of whom have been laid off and the majority of those who 
          remain being placed on some type of furlough."  The author 
          maintains increasing the timeline from 45 to 60 days 
          addresses the inequity in current law with regard to layoff 
          notices and gives a classified employee two additional 
          weeks to prepare for the layoff and find a new job.  

           ARGUMENTS IN OPPOSITION  :    Opponents argue that the 
          increased timeline reduces the flexibility of local 
          educational agencies to address unanticipated issues that 
          may arise during the school year, such as mid-year cuts, 
          budget triggers, or shortfalls in property tax revenue, a 
          problem of particular concern to Community Colleges that 
          are experiencing unexpected revenue shortfall due to lower 
          property tax and student fee revenues than originally 
          estimated.  Further, some district business officers have 
          noted that under the provisions of this bill, notices for 
          classified and certificated staff could overlap and need to 
          be done at the same governing board meeting, which could 
          increase workloads for human resource departments at a time 
          they are busy with certificated staff layoffs and hearings. 
            
           

           ASSEMBLY FLOOR :  49-22, 4/26/12
          AYES:  Alejo, Allen, Ammiano, Atkins, Beall, Block, 
            Blumenfield, Bonilla, Bradford, Brownley, Buchanan, 
            Butler, Campos, Carter, Chesbro, Davis, Dickinson, Eng, 
            Feuer, Fong, Fuentes, Galgiani, Gatto, Gordon, Hall, 
            Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, 
            Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning, 
            Pan, Perea, V. Manuel Pérez, Portantino, Skinner, 
            Solorio, Swanson, Torres, Wieckowski, Williams, Yamada, 
            John A. Pérez
          NOES:  Achadjian, Bill Berryhill, Conway, Donnelly, Beth 

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            Gaines, Garrick, Gorell, Grove, Halderman, Jeffries, 
            Knight, Logue, Mansoor, Miller, Morrell, Nielsen, Norby, 
            Olsen, Silva, Smyth, Valadao, Wagner
          NO VOTE RECORDED:  Charles Calderon, Cedillo, Cook, 
            Fletcher, Furutani, Hagman, Harkey, Jones, Nestande


          PQ:n  8/20/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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