Bill Text: CA AB2028 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: School employees: discipline: suspension and dismissal.

Spectrum: Partisan Bill (Republican 26-1)

Status: (Introduced - Dead) 2012-05-25 - In committee: Set, second hearing. Held under submission. [AB2028 Detail]

Download: California-2011-AB2028-Introduced.html

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BILL NUMBER: AB 2028	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Knight

                        FEBRUARY 23, 2012

   An act to add Section 17582 to the Government Code, relating to
state-mandated local costs.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2028, as introduced, Knight. State-mandated local costs.
   Under the California Constitution, whenever the Legislature or a
state agency mandates a new program or higher level of service on any
local government, including a school district and a community
college district, the state is required to provide a subvention of
funds to reimburse the local government, with specified exceptions.
Existing law provides that a local agency, including a school
district or community college district, is not required to implement
or give effect to any statute or executive order, or portion thereof,
that imposes a mandate during any fiscal year and for the period
immediately following that fiscal year for which the Budget Act has
not been enacted for the subsequent fiscal year if specified
conditions are met, including that the statute or executive order, or
portion thereof, has been specifically identified by the Legislature
in the Budget Act for the fiscal year as being one for which
reimbursement is not provided for that fiscal year. Existing law
provides that only specified education mandates are subject to that
provision.
   This bill would provide if the Commission on State Mandates
determines that a statute or portion of a statute, enacted on or
after January 1, 2012, mandates a new program or higher level of
service requiring the reimbursement of school districts or community
college districts, school districts or community college districts
are not required to implement or give effect to the statute, or a
portion of the statute, unless the Controller certifies to the State
Department of Education and the Chancellor of Community Colleges that
the Budget Act for that fiscal year includes the amount necessary to
reimburse school districts and community college districts, as
specified. The bill would require the department and Chancellor to
notify school districts and community college districts of the
statutes, or portions of statutes, that are not required to be
implemented for that fiscal year.
   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 17582 is added to the Government Code, to read:

   17582.  Commencing with the 2013-14 fiscal year, if the Commission
on State Mandates determines that a statute or portion of a statute,
enacted on or after January 1, 2012, mandates a new program or
higher level of service requiring the reimbursement of school
districts or community college districts pursuant to Section 6 of
Article XIII B of the California Constitution, a school district or
community college district shall not be required to implement or give
effect to the statute, or a portion of the statute, unless the
Controller certifies to the State Department of Education and the
Chancellor of the California Community Colleges within 15 days after
the Budget Act is enacted that the Budget Act includes the full
amount necessary to reimburse school districts and community college
districts, as determined by the parameters and guidelines prepared by
the commission regarding a particular statute or portion of a
statute. Each fiscal year, within 15 days after notification by the
Controller, the State Department of Education and the Chancellor of
the California Community Colleges shall notify school districts and
community college districts of the statutes, or portions of statutes,
that are not required to be implemented for that fiscal year because
the Budget Act as enacted does not include reimbursement funding.