California 2011-2012 Regular Session Status: Enacted

AB 2279 — School districts: emergency apportionments: trustees.

Last action — Chaptered by Secretary of State - Chapter 429, Statutes of 2012.

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

This bill has been enacted into law. Introduced February 24, 2012. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law authorizes the governing board of a school district to request an emergency apportionment through the Superintendent of Public Instruction if the governing board of the school district determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations. Under existing law, if a school district accepts an emergency apportionment, the Superintendent is required, among other things, to appoint a trustee who has recognized expertise in management and finance, and may employ, on a short-term basis, any staff necessary to assist the trustee. Existing law also requires the trustee and any necessary staff to serve until the emergency apportionment is repaid, the school district has adequate fiscal systems and controls in place, and the Superintendent determines that the school district's future compliance with an approved fiscal plan is probable. Existing law authorizes the trustee, during the period of his or her service, to stay or rescind any action of the governing board of the school district that, in the judgment of the trustee, may affect the financial condition of the school district. This bill would instead require the trustee and necessary staff to serve until the school district has adequate fiscal systems and controls in place, the Superintendent determines that the school district's future compliance with an approved fiscal plan is probable, and the Superintendent decides to terminate the trustee's appointment, but in no event, for less than 3 years. The bill would authorize the county superintendent of schools who has jurisdiction over the school district, after the trustee's period of service and until the loan is repaid, to stay or rescind an action of the governing board of the school district that, in his or her judgment, may affect the financial condition of the school district. The bill would require the county superintendent of schools to notify the Superintendent, as specified, within 5 business days of staying or rescinding an action of the governing board of the school district. If the Superintendent receives this notice from the county superintendent of schools, the bill would require the Superintendent to report to the Legislature, on or before December 30 of every year, whether the school district is complying with the fiscal plan approved for the school district. Existing law authorizes the Superintendent, within 5 years after an appointed trustee is removed, to reassume, either directly or through an administrator, all of the legal rights, duties, and powers of the governing board of the school district if the school district violates any provision of specified recovery plans approved by the Superintendent. This bill would instead authorize the Superintendent, within 5 years after an appointed trustee is removed or the emergency apportionment is repaid, whichever occurs later, to reassume, either directly or through an administrator, all of the legal rights, duties, and powers of the governing board of the school district if the school district violates any provision of specified recovery plans approved by the Superintendent. The bill also would authorize the governing board of a qualifying school district, after one complete fiscal year has elapsed following the qualifying school district's acceptance of an emergency apportionment, to conduct an annual advisory evaluation, as specified, of the administrator appointed by the Superintendent. The bill would require the evaluation criteria to be agreed upon by the governing board of the qualifying school district and the administrator. The bill would require the advisory evaluation of the administrator to be submitted to the Governor, the Legislature, the Superintendent, and the County Office Fiscal Crisis and Management Assistance Team. The bill would make numerous nonsubstantive changes. The bill would incorporate additional changes in Section 41326 of the Education Code, proposed by AB 2662, to be operative only if AB 2662 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 429, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5:10 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 1. Page 6415.).

  5. Assembly Rule 77 suspended. (Page 6357.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 12. Page 4749.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time. Ordered to third reading.

  11. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

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

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (June 20).

  15. Referred to Com. on ED.

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

  17. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 5033.)

  18. Read second time. Ordered to third reading.

  19. From committee: Do pass. (Ayes 17. Noes 0.) (May 16).

  20. Re-referred to Com. on APPR.

  21. Read second time and amended.

  22. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 4.) (April 25).

  23. In committee: Set, first hearing. Hearing canceled at the request of author.

  24. Referred to Com. on ED.

  25. Read first time.

  26. From printer. May be heard in committee March 27.

  27. Introduced. To print.

Sponsors

  • Swanson · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Swanson

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 2279 SWANSON Concurrence in Senate Amendments

Passed 79 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 76100
Democratic 1000
Republican 2000
Total 79100
% of votes cast 99%1%0%0%
How each member voted (80)
Member Party Vote
Gordon — Yea
Butler — Yea
Carter — Yea
Garrick — Yea
Hagman — Yea
John A. Pérez — Yea
Mitchell — Yea
Halderman — Yea
Atkins — Yea
Cedillo — Yea
Hill — Yea
Hueso — Yea
Chesbro — Yea
Portantino — Yea
Ammiano — Yea
Cook — Yea
Davis — Yea
Dickinson — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Perea — Yea
Silva — Yea
Valadao — Yea
Wagner — Yea
Yamada — Yea
Campos — Yea
Allen — Yea
Feuer — Yea
Conway — Yea
Hall — Yea
Harkey — Yea
Hayashi — Yea
Bonilla — Yea
Fong — Yea
Huffman — Yea
Lara — Yea
Mansoor — Yea
Morrell — Yea
Nielsen — Yea
Norby — Yea
Solorio — Yea
Torres — Yea
Wieckowski — Yea
Williams — Yea
Fletcher — Yea
Fuentes — Yea
Gatto — Yea
Gorell — Yea
Smyth — Yea
Beall — Yea
Donnelly — Nay
Monning — Yea
Achadjian — Yea
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Jeffries — Yea
Ma — Yea
Nestande — Yea
Olsen — Yea
Pan — Yea
Skinner — Yea
Swanson — Yea
Eng — Yea
Furutani — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB2279 Swanson By Hancock

Passed 24 Yea · 12 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 221104
Democratic 2000
Republican 0100
Total 241204
% of votes cast 60%30%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Lowenthal — Yea
Negrete McLeod — Yea
Evans — Yea
Cannella — Yea
Runner — Nay
De León — Not Voting
Fuller — Nay
Rubio — Not Voting
Hancock — Yea
Harman — Nay
Huff — Nay
Alquist — Yea
Anderson — Nay
Corbett — Yea
Dutton — Nay
Kehoe — Yea
Lieu — Yea
Liu — Yea
Pavley — Not Voting
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Blakeslee — Not Voting
Hernandez — Yea
Leno — Yea
Vargas — Yea
Wyland — Nay
Emmerson — Nay
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 2279 SWANSON Assembly Third Reading

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 74003
Democratic 1000
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Yamada — Yea
Feuer — Yea
Garrick — Yea
John A. Pérez — Yea
Mitchell — Yea
Gatto — Yea
Gordon — Yea
Atkins — Yea
Gorell — Yea
Butler — Yea
Hagman — Yea
Halderman — Yea
Campos — Yea
Portantino — Yea
Hayashi — Yea
Hill — Yea
Carter — Yea
Allen — Yea
Hueso — Yea
Huffman — Yea
Bonilla — Yea
Jeffries — Yea
Fong — Yea
Alejo — Yea
Blumenfield — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Davis — Yea
Donnelly — Yea
Lara — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Valadao — Yea
Wagner — Yea
Williams — Yea
Fletcher — Not Voting
Galgiani — Yea
Hall — Not Voting
Cedillo — Not Voting
Beall — Yea
Monning — Yea
Achadjian — Yea
Ammiano — Yea
Block — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Nielsen — Yea
Pan — Yea
Silva — Yea
Torres — Yea
Wieckowski — Yea
Eng — Yea
Dickinson — Yea
Fuentes — Yea
Furutani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Gatto — Yea
Harkey — Yea
Lara — Yea
Nielsen — Yea
Norby — Yea
Mitchell — Yea
Hall — Yea
Campos — Yea
Donnelly — Yea
Blumenfield — Yea
Bradford — Yea
Hill — Yea
Solorio — Yea
Wagner — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

finance education
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Frequently asked questions

What does AB 2279 do?
Existing law authorizes the governing board of a school district to request an emergency apportionment through the Superintendent of Public Instruction if the governing board of the school district determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations. Under existing law, if a school district accepts an emergency apportionment, the Superintendent is required, among other things, to appoint a trustee who has recognized expertise in management and finance, and may employ, on a short-term basis, any staff necessary to assist the trustee. Existing law also requires the trustee and any necessary staff to serve until the emergency apportionment is repaid, the school district has adequate fiscal systems and controls in place, and the Superintendent determines that the school district's future compliance with an approved fiscal plan is probable. Existing law authorizes the trustee, during the period of his or her service, to stay or rescind any action of the governing board of the school district that, in the judgment of the trustee, may affect the financial condition of the school district. This bill would instead require the trustee and necessary staff to serve until the school district has adequate fiscal systems and controls in place, the Superintendent determines that the school district's future compliance with an approved fiscal plan is probable, and the Superintendent decides to terminate the trustee's appointment, but in no event, for less than 3 years. The bill would authorize the county superintendent of schools who has jurisdiction over the school district, after the trustee's period of service and until the loan is repaid, to stay or rescind an action of the governing board of the school district that, in his or her judgment, may affect the financial condition of the school district. The bill would require the county superintendent of schools to notify the Superintendent, as specified, within 5 business days of staying or rescinding an action of the governing board of the school district. If the Superintendent receives this notice from the county superintendent of schools, the bill would require the Superintendent to report to the Legislature, on or before December 30 of every year, whether the school district is complying with the fiscal plan approved for the school district. Existing law authorizes the Superintendent, within 5 years after an appointed trustee is removed, to reassume, either directly or through an administrator, all of the legal rights, duties, and powers of the governing board of the school district if the school district violates any provision of specified recovery plans approved by the Superintendent. This bill would instead authorize the Superintendent, within 5 years after an appointed trustee is removed or the emergency apportionment is repaid, whichever occurs later, to reassume, either directly or through an administrator, all of the legal rights, duties, and powers of the governing board of the school district if the school district violates any provision of specified recovery plans approved by the Superintendent. The bill also would authorize the governing board of a qualifying school district, after one complete fiscal year has elapsed following the qualifying school district's acceptance of an emergency apportionment, to conduct an annual advisory evaluation, as specified, of the administrator appointed by the Superintendent. The bill would require the evaluation criteria to be agreed upon by the governing board of the qualifying school district and the administrator. The bill would require the advisory evaluation of the administrator to be submitted to the Governor, the Legislature, the Superintendent, and the County Office Fiscal Crisis and Management Assistance Team. The bill would make numerous nonsubstantive changes. The bill would incorporate additional changes in Section 41326 of the Education Code, proposed by AB 2662, to be operative only if AB 2662 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last.
Who sponsors AB 2279?
AB 2279 is sponsored by Swanson.
What is the current status of AB 2279?
This bill has been enacted into law. Introduced February 24, 2012. Enacted.
Where can I track AB 2279?
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