BILL NUMBER: AB 917 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 5, 2010
INTRODUCED BY Assembly Member Nestande
FEBRUARY 26, 2009
An act to amend Section 1 of the Education Code, relating
to education. An act to amend and renumber Section
17617 of, and to add Section 17583 to, the Government Code, relating
to school distri cts.
LEGISLATIVE COUNSEL'S DIGEST
AB 917, as amended, Nestande. Education.
School districts: state mandates.
Under the California Constitution, whenever the Legislature or a
state agency mandates a new program or higher level of service on a
local government, including school districts, the state is required
to provide a subvention of funds to reimburse the local government,
with specified exceptions.
The California Constitution also provides that, with respect to a
city, county, city and county, or special district, but not a school
district, for the 2005-06 fiscal year and every subsequent fiscal
year, for a mandate for which the costs of a local government
claimant have been determined in a preceding fiscal year to be
payable by the state pursuant to law, the Legislature shall either
appropriate, in the annual Budget Act, the full payable amount that
has not been previously paid, or suspend the operation of the mandate
for the fiscal year for which the annual Budget Act is applicable in
a manner prescribed by law, and that, payable claims for costs
incurred prior to the 2004-05 fiscal year that have not been paid
prior to the 2005-06 fiscal year may be paid over a term of years,
which statutory law prescribes to be 15 years.
This bill, for the 2009-10 fiscal year and every subsequent fiscal
year, for a mandate for which the costs of a school district
claimant have been determined in a preceding fiscal year to be
payable by the state, would require the Legislature to appropriate,
in the annual Budget Act, the full payable amount that has not been
previously paid, or require the mandate to be suspended by operation
of law for the fiscal year for which that annual Budget Act is
applicable. The bill would allow payable claims for costs incurred
prior to the 2007-08 fiscal year that have not been paid prior to the
2009-10 fiscal year to be paid over a term of 5 years. The bill
would exempt specified school-related mandates from these provisions.
Existing law identifies specified statutes that govern the
operation of the public school system as the Education Code.
This bill would make a technical, nonsubstantive change to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17583 is added to the
Government Code , to read:
17583. (a) Notwithstanding any other law, for the 2009-10 fiscal
year and every subsequent fiscal year, for a mandate for which the
costs of a school district claimant have been determined in a
preceding fiscal year to be payable by the state pursuant to this
part, the Legislature shall appropriate, in the annual Budget Act,
the full payable amount that has not been previously paid, and, if
that amount is not appropriated, the mandate shall be suspended by
operation of law for the fiscal year for which that annual Budget Act
is applicable.
(b) Payable claims for costs incurred prior to the 2007-08 fiscal
year that have not been paid prior to the 2009-10 fiscal year may be
paid over a term of five years.
(c) This section shall not apply to any of the following mandates:
(1) Criminal background checks I (Chapter 594, Statutes of 1998)
and criminal background checks II (00-TC-05, and Chapters 594 and
840, Statutes of 1998 and Chapter 78, Statutes of 1999).
(2) Pupil expulsions (05-PGA-04 [CSM-4455] Chapter 1253, Statutes
of 1975; Chapter 965, Statutes of 1977; Chapter 668, Statutes of
1978; Chapters 498 and 1302, Statutes of 1983; Chapter 856, Statutes
of 1985; Chapter 134, Statutes of 1987; Chapter 1231, Statutes of
1990; and Chapter 146, Statutes of 1994).
(3) Pupil suspensions, expulsions, and expulsion appeals (Chapter
1253, Statutes of 1975; Chapter 965, Statutes of 1977; Chapter 668,
Statutes of 1978; Chapters 498 and 1302, Statutes of 1983; Chapter
856, Statutes of 1985; Chapter 134, Statutes of 1987; Chapter 1231,
Statutes of 1990; and Chapter 146, Statutes of 1994).
(4) High School Exit Exam (00-TC-06, Chapter 1, Statutes of 1999x;
and Chapter 135, Statutes of 1999).
(5) Charter schools (CSM 4437, Chapter 781, Statutes of 1992) and
charter schools II (99-TC-03, Chapters 34 and 673, Statutes of 1998).
(6) Open Meetings Act/Brown Act Reform (Chapter 641, Statutes of
1986; Chapters 1136, 1137, and 1138, Statutes of 1993).
SEC. 2. Section 17617 of the Government
Code is amended and renumbered to read:
17617. 17582. The total amount due
to each city, county, city and county, and special district, for
which the state has determined that reimbursement is required under
paragraph (2) of subdivision (b) of Section 6 of Article XIII B of
the California Constitution, shall be appropriated for payment to
these entities over a period of not more than 15 years, commencing
with the Budget Act for the 2006-07 fiscal year and concluding with
the Budget Act for the 2020-21 fiscal year.
SECTION 1. Section 1 of the Education Code is
amended to read:
1. This code shall be known and may be cited as the Education
Code.