BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1712|
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THIRD READING
Bill No: AB 1712
Author: Furutani (D)
Amended: 6/30/10 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 5-2, 6/23/10
AYES: Romero, Alquist, Liu, Price, Simitian
NOES: Huff, Emmerson
NO VOTE RECORDED: Hancock, Wyland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 49-24, 5/13/10 - See last page for vote
SUBJECT : School employees: leaves of absence:
classified employees
elected to the Legislature
SOURCE : California School Employees Association
DIGEST : This bill requires a school or community college
district to grant a leave of absence to any permanent
classified employee elected to the Legislature.
ANALYSIS : Existing law requires school districts to
grant a leave of absence to permanent elementary and
secondary teachers who are elected to the Legislature.
Community college districts are also required to grant a
leave of absence to permanent employees in academic
positions who are elected to the Legislature.
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AB 1712
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This bill requires a school or community college district
to grant a leave of absence to any permanent classified
employee elected to the Legislature. Specifically, this
bill:
1. Requires the governing board of a school or community
college district to grant a leave of absence to any
permanent classified employee who is elected to the
Legislature.
2. Specifies that during the leave of absence the employee
may be employed by the district to perform less than
full-time duties as mutually agreed upon.
3. Specifies that this leave of absence does not effect the
classification of the employee.
4. Specifies that within six months after the end of the
term of office for which the classified employee has
been granted a leave, the employee is entitled to return
to their prior position at the same salary they had
prior to the leave.
5. Specifies that any person first employed to take the
place of the employee on leave has no right to the
position once the employee returns from serving in the
Legislature but may, at any time, be employed or
transferred to any vacant position in the district and
will attain all rights of a classified employee as of
the date of transfer or employment.
6. Specifies that a current classified employee moving into
the position vacated by the employee on leave retains
all his/her rights as a classified employee.
7. Specifies that because this bill imposes new duties on
school and community college districts, it constitutes a
state-mandated local program.
8. Specifies that permanent classified school district or
community college employees who hold the office of
Member of the Assembly or State Senator on or after
December 6, 2010, and prior to January 1, 2011, are
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entitled to leaves of absence from their duties as
district employees retroactive to December 6, 2010.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/2/10)
California School Employees Association (source)
American Federation of State, County and Municipal
Employees
Association of California School Administrators
California Federation of Teachers
Service Employees International Union
ARGUMENTS IN SUPPORT : According to the bill's sponsor,
the California School Employees Association, "Various other
states have enacted laws providing leaves of absence for
public employees who are elected to the Legislature. In
California, K-12 teachers and community college faculty
have been granted leave when elected to the Legislature
since 1976. This issue is basically one of equity, and
classified employees deserve parity along with teachers in
this regard and should be granted a leave of absence if
elected to the Legislature."
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Bass, Beall, Block, Blumenfield,
Bradford, Brownley, Buchanan, Charles Calderon, Carter,
Chesbro, Coto, Davis, De La Torre, De Leon, Eng, Evans,
Feuer, Fong, Fuentes, Furutani, Galgiani, Hall, Hayashi,
Hernandez, Hill, Huber, Huffman, Jones, Lieu, Bonnie
Lowenthal, Ma, Mendoza, Monning, Nava, Nestande, V.
Manuel Perez, Portantino, Ruskin, Salas, Saldana,
Solorio, Swanson, Torlakson, Torres, Torrico, Yamada,
John A. Perez
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Blakeslee, Conway, DeVore, Fletcher, Fuller, Gaines,
Garrick, Gilmore, Harkey, Jeffries, Knight, Logue,
Miller, Niello, Nielsen, Silva, Smyth, Audra Strickland,
Tran, Villines
NO VOTE RECORDED: Caballero, Cook, Emmerson, Hagman,
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Norby, Skinner, Vacancy
PQ:mw 8/3/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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