California 2009-2010 Regular Session Status: To Executive

AB 146 — Instructional materials: delivery.

Last action — Consideration of Governor's veto stricken from file.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law requires the State Board of Education to adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive. Every publisher or manufacturer of instructional materials offered for adoption or sale in California is required to comply with certain requirements, including guaranteeing delivery of textbooks and instructional materials prior to the opening of school in the year in which the textbooks and instructional materials are to be used if they are ordered by a date or dates specified in the contract with the district. This bill would require a publisher or manufacturer of instructional materials offered for adoption or sale in California to guarantee delivery, if applicable, by the date specified in the contract with the district and would make a publisher or manufacturer that fails to deliver instructional materials within 60 days of the receipt of a purchase order from a school district liable for damages in the amount of $500 for each working day that the order is delayed beyond 60 calendar days unless there is a natural disaster, terrorist attack, act of war, or worker strike that prevents the normal transit of instructional materials, resulting in their late delivery, or if there is a delay in implementation of governing board requirements, as specified. This requirement would apply only to contracts with districts enrolling 25,000 or fewer pupils.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and to the Governor at 1 p.m.

  5. Senate amendments concurred in. To enrollment. (Ayes 53. Noes 21. Page 3216.)

  6. Assembly Rule 77 suspended. (Ayes 50. Noes 26. Page 3191.)

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77.

  8. Read third time, passed, and to Assembly. (Ayes 22. Noes 14. Page 2175.)

  9. Read second time. To third reading.

  10. Read third time, amended. To second reading.

  11. Read second time. To third reading.

  12. From inactive file. To second reading.

  13. To inactive file on motion of Senator Padilla.

  14. Read second time, amended, and to third reading.

  15. From committee: Amend, and do pass as amended. (Ayes 5. Noes 1.) (June 17).

  16. Referred to Com. on ED.

  17. In Senate. Read first time. To Com. on RLS. for assignment.

  18. Read third time, passed, and to Senate. (Ayes 52. Noes 22. Page 754.)

  19. Read second time. To third reading.

  20. Read second time and amended. Ordered returned to second reading.

  21. From committee: Amend, and do pass as amended. (Ayes 8. Noes 1.) (March 18).

  22. Referred to Com. on ED.

  23. From printer. May be heard in committee February 22.

  24. Read first time. To print.

Sponsors

  • Mendoza · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Mendoza

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 146 MENDOZA Concurrence in Senate Amendments

Passed 62 Yea · 24 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 582205
Democratic 3000
Republican 1200
Total 622405
% of votes cast 68%26%0%5%
How each member voted (91)
Member Party Vote
Hagman — Nay
Cook — Nay
Carter — Yea
Yamada — Yea
Chesbro — Yea
Conway — Nay
Eng — Yea
Evans — Yea
Fuentes — Yea
Furutani — Yea
Charles — Yea
Garrick — Yea
Hall — Yea
Hayashi — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Nay
Fuller — Nay
Gilmore — Not Voting
Harkey — Nay
Knight — Nay
Duvall — Not Voting
Miller — Not Voting
Nielsen — Nay
Silva — Nay
Tran — Not Voting
Saldana — Yea
Coto — Yea
Davis — Yea
Bill — Nay
Tom — Nay
Huber — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Nestande — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Adams — Nay
Anderson — Nay
Blakeslee — Not Voting
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Jeffries — Nay
Logue — Nay
Ma — Yea
Nava — Yea
Smyth — Nay
Swanson — Yea
Torrico — Yea
Villines — Nay
Emmerson — Nay
Feuer — Yea
DeVore — Nay
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB146 Mendoza By Oropeza

Passed 23 Yea · 14 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 221303
Democratic 1001
Republican 0100
Total 231404
% of votes cast 56%34%0%10%
How each member voted (41)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Nay
Corbett — Yea
Ducheny — Nay
Hancock — Yea
Harman — Not Voting
Hollingsworth — Nay
Lowenthal — Yea
Negrete — Yea
Dutton — Nay
Leno — Yea
Liu — Yea
Runner — Nay
McLeod — Yea
Ashburn — Nay
Benoit — Nay
Oropeza — Yea
Pavley — Yea
Romero — Not Voting
Steinberg — Yea
Wolk — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Huff — Nay
Kehoe — Yea
Maldonado — Yea
Price — Yea
Simitian — Yea
Walters — Nay
Wiggins — Yea
Wyland — Nay
Correa — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 5 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 5102
Democratic 0001
Total 5103
% of votes cast 56%11%0%33%
How each member voted (9)
Member Party Vote
Hancock — Yea
Huff — Nay
Simitian — Yea
Alquist — Yea
Liu — Not Voting
Maldonado — Not Voting
Romero — Yea
Wyland — Yea
Padilla, Stephen C. Democratic Not Voting

Official roll call →

AB 146 MENDOZA Assembly Third Reading

Passed 59 Yea · 24 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 542208
Democratic 4001
Republican 1200
Total 592409
% of votes cast 64%26%0%10%
How each member voted (92)
Member Party Vote
Hall — Not Voting
Carter — Yea
Feuer — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Chesbro — Yea
Bill — Yea
Berryhill — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Krekorian — Yea
Lieu — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Bonnie — Yea
Ammiano — Yea
Beall — Yea
Mendoza — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Tom — Nay
Berryhill — Nay
Fuller — Nay
Yamada — Yea
Gaines — Nay
Audra — Nay
Charles — Not Voting
Hagman — Nay
De — Not Voting
La — Not Voting
Torre — Not Voting
Duvall — Nay
Harkey — Nay
Jeffries — Nay
Bass — Yea
Miller — Nay
Monning — Yea
Nava — Yea
Ruskin — Yea
Silva — Nay
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Not Voting
Adams — Nay
Anderson — Nay
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Nay
Logue — Nay
Ma — Not Voting
Nestande — Yea
Nielsen — Nay
Price — Yea
Solorio — Yea
Torres — Yea
Villines — Nay
Cook — Nay
Emmerson — Nay
Coto — Yea
Eng — Yea
Evans — Yea
Davis — Not Voting
DeVore — Nay
Fuentes — Yea
Garrick — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 8 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7102
Democratic 1000
Total 8102
% of votes cast 73%9%0%18%
How each member voted (11)
Member Party Vote
Carter — Yea
Brownley — Yea
Miller — Nay
Nestande — Yea
Torlakson — Not Voting
Ammiano — Yea
Buchanan — Yea
Solorio — Not Voting
Eng — Yea
Garrick — Yea
Arambula, Joaquin Democratic Yea

Official roll call →

Subjects

education
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Frequently asked questions

What does AB 146 do?
Existing law requires the State Board of Education to adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive. Every publisher or manufacturer of instructional materials offered for adoption or sale in California is required to comply with certain requirements, including guaranteeing delivery of textbooks and instructional materials prior to the opening of school in the year in which the textbooks and instructional materials are to be used if they are ordered by a date or dates specified in the contract with the district. This bill would require a publisher or manufacturer of instructional materials offered for adoption or sale in California to guarantee delivery, if applicable, by the date specified in the contract with the district and would make a publisher or manufacturer that fails to deliver instructional materials within 60 days of the receipt of a purchase order from a school district liable for damages in the amount of $500 for each working day that the order is delayed beyond 60 calendar days unless there is a natural disaster, terrorist attack, act of war, or worker strike that prevents the normal transit of instructional materials, resulting in their late delivery, or if there is a delay in implementation of governing board requirements, as specified. This requirement would apply only to contracts with districts enrolling 25,000 or fewer pupils.
Who sponsors AB 146?
AB 146 is sponsored by Mendoza.
What is the current status of AB 146?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 146?
Track AB 146 free on One Click Politics — get push/email alerts when it moves.

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