California 2009-2010 Regular Session Status: Passed Assembly

AB 2082 — Local educational agencies: reimbursable state mandates.

Last action — From Senate committee without further action.

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

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing law establishes a procedure for local governmental agencies to file, with the Commission on State Mandates (commission) , claims for reimbursement of specified costs associated with state-mandated local programs, and sets forth the procedure for a determination by the commission for eligibility for reimbursement, appropriation, and payment of claims, including payment pursuant to the enactment of a local government claims bill, the establishment of interest accrued on claims, and the review of state mandates by the Legislative Analyst generally. This bill would express the intent of the Legislature that statutes creating a reimbursable state mandate on school districts be periodically reviewed, and that the Legislature consider recommendations on whether those statutes should be amended, repealed, or remain unchanged. The bill would require that, in addition to a report submitted pursuant to existing law, the Legislative Analyst review and report on each reimbursable state mandate relating to local educational agencies that meets prescribed criteria. The bill would specify the information to be provided in the review and report, and would require that the review and report be provided to the chairpersons of the Assembly Committee on Education, the Senate Committee on Education, and the fiscal committees of the Assembly and the Senate, on or before the January 1 following the adjournment of the regular session of the Legislature for which the review was made. (2) Existing law authorizes a local agency claimant to file with the commission an incorrect reduction claim pursuant to regulations adopted by the commission if the Controller reduces a state mandate reimbursement claim approved by the commission. Existing law authorizes a local agency claimant that is eligible to file an incorrect reduction claim to file a consolidated incorrect reduction claim on behalf of other local agency claimants whose claims for reimbursement under the same mandate are alleged to have been incorrectly reduced if specified conditions apply. Existing law also authorizes the commission, on its own initiative, to consolidate incorrect reduction claims filed with the commission by different claimants under the same mandate if specified conditions apply. This bill, commencing with the 2011–12 fiscal year, instead would authorize a local educational agency to file an incorrect reduction claim as an appeal with the Education Audit Appeals Panel (panel) and would specify deadlines for the filing and hearing. The bill would authorize the consolidation of these appeals and would authorize the panel to adopt regulations necessary to establish procedures for receiving or consolidating appeals and for providing a hearing on a consolidated appeal. The bill would require the commission, by July 1, 2011, to transfer all pending incorrect reduction claims filed on or before June 30, 2011, by a local educational agency and all documentation and commission working papers related to those claims to the panel. The bill would deem any incorrect reduction claim transferred pursuant to the bill to have been appealed to the panel and would require the panel to hold a hearing on or before specified dates, as applicable. (3) Existing law authorizes the commission to order a reconsideration of all or part of a test claim or incorrect reduction claim on petition of any party. This bill, commencing with the 2011–12 fiscal year, would prohibit the commission from ordering a reconsideration of all or part of any incorrect reduction claim that is eligible to be filed with the panel pursuant to a specified provision of the bill described in (2) above. (4) Existing law requires the Legislative Counsel, when a bill is introduced in the Legislature, and each time a bill is amended, to determine whether the bill mandates a new program or higher level of service pursuant to Section 6 of Article XIIIB of the California Constitution. Existing law requires that any bill introduced or amended for which the Legislative Counsel has determined the bill will mandate a new program or higher level of service pursuant to Section 6 of Article XIIIB of the California Constitution contain a section specifying that reimbursement shall be made pursuant to specified statutory provisions or that the mandate is being disclaimed and the reason therefor. This bill would require that a bill that would impose a state-mandated local program on a local educational agency, as determined by the Legislative Counsel Bureau, include a provision that repeals the state-mandated local program, or makes the requirement inoperative, no later than a date 5 years following the date upon which the bill, as enacted, becomes operative. The bill would require the Legislative Counsel, to include that provision in the bill unless the person requesting the bill or amendment directs the Legislative Counsel to do otherwise.

Bill Text

Action History

  1. From Senate committee without further action.

  2. Testimony taken. Hearing postponed by Committee.

  3. Referred to Com. on ED.

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

  5. Read third time, passed, and to Senate. (Ayes 75. Noes 0. Page 5457.)

  6. Read second time. To third reading.

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

  8. From committee: Amend, and do pass as amended. (Ayes 17. Noes 0.) (May 28).

  9. In committee: Set, first hearing. Referred to APPR. suspense file.

  10. From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 9. Noes 0.) (April 21).

  11. Re-referred to Com. on ED.

  12. From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.

  13. Referred to Com. on ED.

  14. From printer. May be heard in committee March 21.

  15. Read first time. To print.

Sponsors

  • Committee on Education · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Committee on Education

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 2082 ED. Assembly Third Reading By BROWNLEY

Passed 85 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 80005
Democratic 3000
Republican 2001
Total 85006
% of votes cast 93%0%0%7%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Ammiano — Yea
Anderson — Yea
Bass — Yea
Beall — Yea
Blakeslee — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Tom — Not Voting
Audra — Not Voting
DeVore — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Norby — Not Voting
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Lieu — Not Voting
Ma — Yea
Nava — Yea
Nielsen — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
Evans — Yea
Davis — Yea
Fuller — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Not Voting

Official roll call →

Do pass as amended.

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 17000
Democratic 1000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Charles — Yea
Conway — Yea
Fuentes — Yea
Harkey — Yea
Miller — Yea
Nielsen — Yea
Norby — Yea
Ammiano — Yea
Ruskin — Yea
Torrico — Yea
Bradford — Yea
Monning — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

education
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Frequently asked questions

What does AB 2082 do?
(1) Existing law establishes a procedure for local governmental agencies to file, with the Commission on State Mandates (commission) , claims for reimbursement of specified costs associated with state-mandated local programs, and sets forth the procedure for a determination by the commission for eligibility for reimbursement, appropriation, and payment of claims, including payment pursuant to the enactment of a local government claims bill, the establishment of interest accrued on claims, and the review of state mandates by the Legislative Analyst generally. This bill would express the intent of the Legislature that statutes creating a reimbursable state mandate on school districts be periodically reviewed, and that the Legislature consider recommendations on whether those statutes should be amended, repealed, or remain unchanged. The bill would require that, in addition to a report submitted pursuant to existing law, the Legislative Analyst review and report on each reimbursable state mandate relating to local educational agencies that meets prescribed criteria. The bill would specify the information to be provided in the review and report, and would require that the review and report be provided to the chairpersons of the Assembly Committee on Education, the Senate Committee on Education, and the fiscal committees of the Assembly and the Senate, on or before the January 1 following the adjournment of the regular session of the Legislature for which the review was made. (2) Existing law authorizes a local agency claimant to file with the commission an incorrect reduction claim pursuant to regulations adopted by the commission if the Controller reduces a state mandate reimbursement claim approved by the commission. Existing law authorizes a local agency claimant that is eligible to file an incorrect reduction claim to file a consolidated incorrect reduction claim on behalf of other local agency claimants whose claims for reimbursement under the same mandate are alleged to have been incorrectly reduced if specified conditions apply. Existing law also authorizes the commission, on its own initiative, to consolidate incorrect reduction claims filed with the commission by different claimants under the same mandate if specified conditions apply. This bill, commencing with the 2011–12 fiscal year, instead would authorize a local educational agency to file an incorrect reduction claim as an appeal with the Education Audit Appeals Panel (panel) and would specify deadlines for the filing and hearing. The bill would authorize the consolidation of these appeals and would authorize the panel to adopt regulations necessary to establish procedures for receiving or consolidating appeals and for providing a hearing on a consolidated appeal. The bill would require the commission, by July 1, 2011, to transfer all pending incorrect reduction claims filed on or before June 30, 2011, by a local educational agency and all documentation and commission working papers related to those claims to the panel. The bill would deem any incorrect reduction claim transferred pursuant to the bill to have been appealed to the panel and would require the panel to hold a hearing on or before specified dates, as applicable. (3) Existing law authorizes the commission to order a reconsideration of all or part of a test claim or incorrect reduction claim on petition of any party. This bill, commencing with the 2011–12 fiscal year, would prohibit the commission from ordering a reconsideration of all or part of any incorrect reduction claim that is eligible to be filed with the panel pursuant to a specified provision of the bill described in (2) above. (4) Existing law requires the Legislative Counsel, when a bill is introduced in the Legislature, and each time a bill is amended, to determine whether the bill mandates a new program or higher level of service pursuant to Section 6 of Article XIIIB of the California Constitution. Existing law requires that any bill introduced or amended for which the Legislative Counsel has determined the bill will mandate a new program or higher level of service pursuant to Section 6 of Article XIIIB of the California Constitution contain a section specifying that reimbursement shall be made pursuant to specified statutory provisions or that the mandate is being disclaimed and the reason therefor. This bill would require that a bill that would impose a state-mandated local program on a local educational agency, as determined by the Legislative Counsel Bureau, include a provision that repeals the state-mandated local program, or makes the requirement inoperative, no later than a date 5 years following the date upon which the bill, as enacted, becomes operative. The bill would require the Legislative Counsel, to include that provision in the bill unless the person requesting the bill or amendment directs the Legislative Counsel to do otherwise.
Who sponsors AB 2082?
AB 2082 is sponsored by Committee on Education.
What is the current status of AB 2082?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” 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 2082?
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