BILL NUMBER: SB 1245 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 6, 2012
AMENDED IN SENATE MAY 2, 2012
AMENDED IN SENATE APRIL 19, 2012
INTRODUCED BY Senator Alquist
FEBRUARY 23, 2012
An act to add and repeal Section 44388 of the Education
Code, relating to teacher credentialing amend Section
34167.10 of the Health and Safety Code, relating to the Santa Clara
Stadium Authority .
LEGISLATIVE COUNSEL'S DIGEST
SB 1245, as amended, Alquist. Teacher credentialing:
alternative certification programs report. Santa Clara
Stadium Authority: stadium agreements: enforceable obligations.
Existing law authorized the City of Santa Clara and the
Redevelopment Agency of the City of Santa Clara to enter into a joint
powers agreement to create and operate a joint powers agency, the
Santa Clara Stadium Authority, for the construction, operation, and
maintenance of a stadium and related facilities that are suitable for
use by a professional football team.
Existing law dissolved redevelopment agencies, as of February 1,
2012, and provides for the designation of successor agencies, as
defined. Existing law requires the successor agencies to wind down
the affairs of the dissolved redevelopment agencies and to, among
other things, make payments due for enforceable obligations, as
defined. Existing law requires the Controller to review the
activities of successor agencies to determine if an asset transfer
that was not made pursuant to an enforceable obligation occurred
after January 31, 2012, between the successor agency and the city,
county, or city and county, as defined, that created the
redevelopment agency. If such a transfer occurred, the Controller is
required to order the return of available assets to the successor
agency.
This bill would exclude the Santa Clara Stadium Authority from the
definition of "city, county, or city and county" for these purposes.
The bill would further provide that agreements entered into prior to
June 27, 2011, between a former redevelopment agency and the Santa
Clara Stadium Authority to contribute funding to the development of a
stadium constitute enforceable obligations that shall not be subject
to termination. The bill would make findings regarding the need for
special legislation.
Existing law requires the Commission on Teacher Credentialing to
establish standards for the issuance and renewal of teaching
credentials, certificates, and permits, subject to specified
provisions of law. Existing law authorizes the operation by a school
district, county office of education, college or university, or other
public education entity, as specified, of an alternative
certification program designed to provide a concentrated program
leading to a permanent teaching credential.
This bill would, on or before January 1, 2015, require the
commission to submit a report to the Governor and the chairs of the
Senate Committee on Education and the Assembly Committee on Education
that includes a study of the alternative certification programs
offered in other states, as specified, recommendations for
appropriate goals of alternative certification programs within the
state, as specified, an assessment of California's current
alternative certification programs, as specified, and recommendations
as to whether the intern statutes, as specified, should be
consolidated.
The bill would repeal these provisions on January 1, 2019.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 34167.10 of the
Health and Safety Code is amended to read:
34167.10. (a) Notwithstanding any other law, for purposes of this
part and Part 1.85 (commencing with Section 34170), the definition
of a city, county, or city and county includes, but is not limited
to, the following entities:
(1) Any reporting entity of the city, county, or city and county
for purposes of its comprehensive annual financial report or similar
report.
(2) Any component unit of the city, county, or city and county.
(3) Any entity which is controlled by the city, county, or city
and county, or for which the city, county, or city and county is
financially responsible or accountable.
(b) The following factors shall be considered in determining that
an entity is controlled by the city, county, or city and county, and
are therefore included in the definition of a city, county, or city
and county for purposes of this part and Part 1.85 (commencing with
Section 34170):
(1) The city, county, or city and county exercises substantial
municipal control over the entity's operations, revenues, or
expenditures.
(2) The city, county, or city and county has ownership or control
over the entity's property or facilities.
(3) The city, county, or city and county and the entity share
common or overlapping governing boards, or coterminous boundaries.
(4) The city, county, or city and county was involved in the
creation or formation of the entity.
(5) The entity performs functions customarily or historically
performed by municipalities and financed thorough levies of property
taxes.
(6) The city, county, or city and county provides administrative
and related business support for the entity, or assumes the expenses
incurred in the normal daily operations of the entity.
(c) For purposes of this section, it shall not be relevant that
the entity is formed as a separate legal entity, nonprofit
corporation, or otherwise, or is not subject to the constitution debt
limitation otherwise applicable to a city, county, or city and
county. The provisions in this section are declarative of existing
law as the entities described herein are and were intended to be
included within the requirements of this part and Part 1.85
(commencing with Section 34170) and any attempt to determine
otherwise would thwart the intent of these two parts.
(d) Notwithstanding subdivisions (a) to (c), inclusive, or any
other law, the Santa Clara Stadium Authority, which was specifically
created pursuant to Section 6532 of the Government Code, shall be
excluded from the definition of a city, county, or city and county
described pursuant to this section. Agreements entered into prior to
June 27, 2011, between a former redevelopment agency and the Santa
Clara Stadium Authority, which may include, but are not limited to,
private parties, to contribute funding to the development of a
stadium shall constitute enforceable obligations and shall not be
subject to termination pursuant to Part 1.85 (commencing with Section
34170).
SEC. 2. The Legislature finds and declares that,
because of the unique circumstances occurring within the Santa Clara
region, a statute of general applicability cannot be enacted within
the meaning of subdivision (b) of Section 16 of Article IV of the
California Constitution, and, therefore, this special statute is
necessary.
SECTION 1. Section 44388 is added to the
Education Code, to read:
44388. (a) On or before January 1, 2015, the commission shall
submit a report to the Governor and the chairs of the Senate
Committee on Education and the Assembly Committee on Education that
includes all of the following:
(1) A study of alternative certification programs in other states
that use significantly different teacher preparation methods from
traditional teacher preparation programs and provide a meaningful
alternative model for individuals to enter into the teaching
profession.
(2) Recommendations for the appropriate goals of alternative
certification programs within the state, including, but not limited
to, recommendations in regard to the purpose, role, and target
audiences of alternative certification programs.
(3) An assessment of whether California's current alternative
certification programs meet the goals described in paragraph (2).
(4) Recommendations as to whether the intern statutes should be
consolidated, including, but not limited to, all of the following:
(A) District intern statutes including, but not limited to,
Article 7.5 (commencing with Section 44325) and Section 44830.3.
(B) The Teacher Education Internship Act of 1967 pursuant to
Article 3 (commencing with Section 44450) of Chapter 3.
(C) The New Careers Program pursuant to Article 5 (commencing with
Section 44520) of Chapter 3.
(b) (1) A report submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2019.