California 2011-2012 Regular Session Status: To Executive

AB 202 — Local educational agencies: reimbursable state mandates.

Last action — Vetoed by Governor.

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

This bill died with 2011-2012 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 establishes a procedure for local governmental agencies to file, with the Commission on State Mandates, 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 local educational agencies 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periodically reviewed, and that the Legislature consider recommendations on whether those statutes should be amended, repealed, or remain unchanged.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. The bill would define a local educational agency for the purposes of those provisions. This bill would authorize a successful test claimant that is a local educational agency to designate another local educational agency to prepare and submit the proposed reimbursement parameters and guidelines to the commission, as specified. The bill would modify provisions governing the development of a draft reasonable reimbursement methodology and would provide for binding arbitration in the case of an impasse, as specified. The bill would enact other related provisions. Existing law requires the Controller to submit various reports to the Legislature and the Department of Finance on each state mandate, including the total amount of claims paid per fiscal year, whether there are mandate deficiencies or surpluses, and a comparison of the estimated annual cost of each mandate in the preceding fiscal year to the amount determined to be payable by the state for that fiscal year. This bill would require the Controller to notify the appropriate fiscal and education policy committees of the Legislature within 30 days of the date upon which the Controller determines that the total claims for reimbursement filed in a fiscal year, on any mandate where the test claim was filed by a local educational agency, exceed the adopted statewide estimate of costs for that mandate by more than 25%. The bill would also require the Commission on State Mandates to notify the above-referenced committees within 30 days of the date upon which a test claim is filed by a local educational agency, where that agency submits a written narrative that identifies certain information regarding a regulation alleged to contain a mandate.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 3 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 2934.).

  4. Assembly Rule 77 suspended. (Page 2932.)

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

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 14. Page 2247.).

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 6. Noes 3.) (August 25).

  9. In committee: Referred to APPR. suspense file.

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

  11. In committee: Hearing postponed by committee.

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

  13. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 22).

  14. In committee: Hearing postponed by committee.

  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 78. Noes 0. Page 1454.)

  18. Read second time. Ordered to consent calendar.

  19. Read second time and amended. Ordered to second reading.

  20. From committee: Do pass as amended. To consent calendar. (Ayes 16. Noes 0.) (May 11).

  21. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 27). Re-referred to Com. on APPR.

  22. Re-referred to Com. on ED.

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

  24. Re-referred to Com. on ED.

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

  26. Referred to Coms. on ED. and APPR.

  27. From printer. May be heard in committee February 27.

  28. Read first time. To print.

Sponsors

  • Brownley · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Brownley

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 202 BROWNLEY Concurrence in Senate Amendments

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 74003
Democratic 1000
Republican 2000
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Halderman — Yea
Yamada — Yea
Feuer — Yea
Garrick — Yea
Gordon — Yea
Hagman — Yea
John A. Pérez — Yea
Mitchell — Yea
Hall — Yea
Atkins — Yea
Butler — Yea
Harkey — Yea
Hayashi — Yea
Campos — Yea
Portantino — Yea
Hill — Yea
Hueso — Yea
Carter — Yea
Allen — Yea
Huffman — Yea
Knight — Yea
Bonilla — Yea
Ammiano — Yea
Blumenfield — Yea
Cedillo — Yea
Chesbro — Yea
Conway — Yea
Davis — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Torres — Yea
Wagner — Yea
Wieckowski — Yea
Williams — Yea
Fong — Yea
Fletcher — Yea
Galgiani — Yea
Gorell — Not Voting
Mendoza — Not Voting
Beall — Yea
Block — Yea
Donnelly — Not Voting
Monning — Yea
Morrell — Yea
Achadjian — Yea
Alejo — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Jeffries — Yea
Lara — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Pan — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Valadao — Yea
Cook — Yea
Eng — Yea
Dickinson — Yea
Fuentes — Yea
Furutani — Yea
Gatto — 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 AB202 Brownley By Liu

Passed 24 Yea · 14 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 221302
Democratic 2000
Republican 0100
Total 241402
% of votes cast 60%35%0%5%
How each member voted (40)
Member Party Vote
Hancock — Yea
Yee — Yea
Cannella — Nay
Evans — Yea
Lowenthal — Yea
De León — Yea
Fuller — Nay
Negrete McLeod — Yea
Rubio — Yea
Corbett — Yea
Runner — Nay
Blakeslee — Nay
Correa — Yea
Dutton — Nay
Harman — Nay
Hernandez — Yea
Huff — Not Voting
Kehoe — Yea
Leno — Yea
Lieu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Alquist — Not Voting
Anderson — Nay
Liu — Yea
Simitian — Yea
Walters — Nay
Wyland — Nay
Emmerson — Nay
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 6 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6300
Total 6300
% of votes cast 67%33%0%0%
How each member voted (9)
Member Party Vote
Runner — Nay
Alquist — Yea
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Walters — Nay
Emmerson — Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Runner — Not Voting
Lieu — Yea
Walters — Yea
Alquist — Yea
Kehoe — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Emmerson — Yea

Official roll call →

AB 202 BROWNLEY Consent Calendar Second Day

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 73002
Democratic 3000
Republican 2000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Halderman — Yea
Butler — Yea
John A. Pérez — Yea
Mitchell — Yea
Hagman — Yea
Atkins — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Carter — Yea
Portantino — Yea
Ammiano — Yea
Cedillo — Yea
Chesbro — Yea
Cook — Yea
Donnelly — Yea
Logue — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Valadao — Yea
Wagner — Yea
Yamada — Yea
Campos — Yea
Bonilla — Yea
Feuer — Yea
Fletcher — Yea
Fuentes — Yea
Conway — Yea
Galgiani — Yea
Gatto — Yea
Gordon — Yea
Alejo — Not Voting
Beall — Yea
Hall — Yea
Harkey — Yea
Lara — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Olsen — Yea
Solorio — Yea
Torres — Yea
Wieckowski — Yea
Williams — Yea
Achadjian — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hueso — Yea
Huffman — Yea
Ma — Yea
Mansoor — Yea
Miller — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Eng — Yea
Davis — Yea
Dickinson — Yea
Furutani — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended, to Consent Calendar.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Democratic 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Campos — Yea
Gatto — Yea
Mitchell — Yea
Hall — Yea
Harkey — Yea
Hill — Yea
Davis — Yea
Donnelly — Not Voting
Norby — Yea
Wagner — Yea
Blumenfield — Yea
Bradford — Yea
Lara — Yea
Nielsen — Yea
Solorio — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Halderman — Yea
Carter — Yea
Butler — Yea
Gorell — Not Voting
Wagner — Yea
Williams — Yea
Ammiano — Yea
Brownley — Yea
Buchanan — Yea
Norby — Yea
Eng — Yea

Official roll call →

Subjects

education
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Frequently asked questions

What does AB 202 do?
Existing law establishes a procedure for local governmental agencies to file, with the Commission on State Mandates, 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 local educational agencies 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. The bill would define a local educational agency for the purposes of those provisions. This bill would authorize a successful test claimant that is a local educational agency to designate another local educational agency to prepare and submit the proposed reimbursement parameters and guidelines to the commission, as specified. The bill would modify provisions governing the development of a draft reasonable reimbursement methodology and would provide for binding arbitration in the case of an impasse, as specified. The bill would enact other related provisions. Existing law requires the Controller to submit various reports to the Legislature and the Department of Finance on each state mandate, including the total amount of claims paid per fiscal year, whether there are mandate deficiencies or surpluses, and a comparison of the estimated annual cost of each mandate in the preceding fiscal year to the amount determined to be payable by the state for that fiscal year. This bill would require the Controller to notify the appropriate fiscal and education policy committees of the Legislature within 30 days of the date upon which the Controller determines that the total claims for reimbursement filed in a fiscal year, on any mandate where the test claim was filed by a local educational agency, exceed the adopted statewide estimate of costs for that mandate by more than 25%. The bill would also require the Commission on State Mandates to notify the above-referenced committees within 30 days of the date upon which a test claim is filed by a local educational agency, where that agency submits a written narrative that identifies certain information regarding a regulation alleged to contain a mandate.
Who sponsors AB 202?
AB 202 is sponsored by Brownley.
What is the current status of AB 202?
This bill died with 2011-2012 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 202?
Track AB 202 free on One Click Politics — get push/email alerts when it moves.

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