California 2011-2012 Regular Session Status: Passed Assembly

AB 360 — Charter schools.

Last action — Ordered to inactive file at the request of Assembly Member Brownley.

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

This bill died with 2011-2012 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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) The Ralph M. Brown Act requires that all meetings of a legislative body, as defined, of a local agency be open and public and all persons be permitted to attend unless a closed session is authorized. The Bagley-Keene Open Meeting Act requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. This bill would expressly state that a charter school is subject to the Ralph M. Brown Act, unless it is operated by an entity governed by the Bagley-Keene Open Meeting Act, in which case the school would be subject to the Bagley-Keene Open Meeting Act. (2) The California Public Records Act requires state and local agencies to make their records available for public inspection and to make copies available upon request and payment of a fee unless the records are exempt from disclosure. This bill would expressly state that a charter school is subject to the California Public Records Act. (3) Existing law prohibits certain public officials, including, but not limited to, members of governing boards of school districts and citizens' oversight committees, from engaging in specified activities that are inconsistent or incompatible with, or inimical to, their duties as public officials, including, but not limited to, entering into a contract in which the official or the official's family member has a financial interest, as specified. This bill would expressly state that a charter school is subject to these provisions. (4) The Political Reform Act of 1974 requires every state agency and local governmental agency to adopt a conflict-of-interest code, formulated at the most decentralized level possible, that requires designated employees of the agency to file statements of economic interest disclosing any investments, business positions, interests in real property, or sources of income that may foreseeably be affected materially by any governmental decision made or participated in by the designated employee by virtue of his or her position. This bill would expressly state that a charter school is subject to the Political Reform Act of 1974. (5) This bill would state various exceptions and clarifications regarding the applicability of the acts described above in paragraphs (1) to (4) , inclusive. (6) Existing law requires a member of the governing board of a school district to abstain from voting on personnel matters that uniquely affect a relative of the member. This bill would provide that an employee of a charter school is not disqualified from serving as a member of the governing body of the charter school because of that employment status. The bill would require a member of the governing body of a charter school to abstain from voting on, or influencing or attempting to influence another member of that body regarding, any matter affecting his or her own employment or any personnel matter that uniquely affects a relative of the member. The bill would provide that a person who provides a loan to a charter school due to a school fiscal emergency, or who leases, or signs a guarantor agreement relative to the lease of, real property to be occupied by a charter school, is not disqualified because of that loan, lease, or guarantor agreement from also serving as a member of the governing body of the charter school or being an employee of the charter school and would require that person to abstain from voting on, or influencing or attempting to influence another member of that body regarding, all matters affecting the loan agreement or the real property lease agreement, as applicable. (7) The bill would make these provisions operative on July 1, 2012.

Bill Text

Action History

  1. Ordered to inactive file at the request of Assembly Member Brownley.

  2. Ordered to the unfinished business file.

  3. From inactive file.

  4. Notice of intention to remove from inactive file given by Assembly Member Charles Calderon.

  5. Ordered to inactive file at the request of Assembly Member Allen.

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 12 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 11. Page 1855.).

  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: Do pass. (Ayes 3. Noes 2.) (July 5).

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

  13. From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 2.) (June 22). Re-referred to Com. on JUD.

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

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

  16. Referred to Coms. on ED. and JUD.

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

  18. Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 27. Page 1456.)

  19. Read second time. Ordered to third reading.

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

  21. From committee: Do pass as amended. (Ayes 7. Noes 3.) (March 30).

  22. Referred to Com. on ED.

  23. From printer. May be heard in committee March 17.

  24. Read first time. To print.

Sponsors

  • Brownley · Primary
  • Simitian · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 5 voted No

Sponsors (1)

  • Brownley

Co-sponsors (1)

  • Simitian

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

3rd Reading AB360 Brownley By Simitian

Passed 25 Yea · 11 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 231004
Democratic 2000
Republican 0100
Total 251104
% of votes cast 63%28%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Evans — Yea
Rubio — Yea
Fuller — Nay
Cannella — Nay
Runner — Nay
Corbett — Yea
Hancock — Yea
Harman — Not Voting
Anderson — Nay
Blakeslee — Nay
Dutton — Nay
Huff — Nay
Leno — Yea
Liu — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Not Voting
Wright — Yea
Alquist — Yea
Hernandez — Yea
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Walters — Yea
Wyland — Nay
Emmerson — Yea
Correa — Yea
DeSaulnier — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 3 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3200
Total 3200
% of votes cast 60%40%0%0%
How each member voted (5)
Member Party Vote
Harman — Nay
Blakeslee — Nay
Leno — Yea
Corbett — Yea
Evans — Yea

Official roll call →

Do pass, but re-refer to the Committee on Judiciary.

Passed 7 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7201
Total 7201
% of votes cast 70%20%0%10%
How each member voted (10)
Member Party Vote
Lowenthal — Yea
Hancock — Yea
Runner — Not Voting
Huff — Nay
Blakeslee — Nay
Liu — Yea
Price — Yea
Vargas — Yea
Alquist — Yea
Simitian — Yea

Official roll call →

AB 360 BROWNLEY Assembly Third Reading

Passed 50 Yea · 27 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 472503
Democratic 3000
Republican 0200
Total 502703
% of votes cast 63%34%0%4%
How each member voted (80)
Member Party Vote
Hagman — Nay
Butler — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gordon — Yea
Hall — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hayashi — Yea
Huber — Yea
Hueso — Yea
Huffman — Yea
Chesbro — Yea
Bonilla — Yea
Atkins — Yea
Ammiano — Yea
Beall — Yea
Mendoza — Yea
Monning — Yea
Pan — Yea
Perea — Yea
Swanson — Yea
Torres — Yea
Wieckowski — Yea
Yamada — Yea
Fletcher — Nay
Garrick — Nay
Campos — Yea
Cedillo — Not Voting
Gorell — Not Voting
Halderman — Nay
Harkey — Nay
Conway — Nay
Cook — Nay
Donnelly — Nay
Knight — Nay
Logue — Nay
Miller — Nay
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Norby — Nay
Smyth — Nay
Wagner — Nay
Achadjian — Nay
Alejo — Not Voting
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Jeffries — Nay
Lara — Yea
Ma — Yea
Mansoor — Nay
Olsen — Nay
Silva — Nay
Skinner — Yea
Solorio — Yea
Valadao — Nay
Williams — Yea
Davis — Yea
Dickinson — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
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 Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 7 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7301
Total 7301
% of votes cast 64%27%0%9%
How each member voted (11)
Member Party Vote
Halderman — Nay
Butler — Yea
Gorell — Not Voting
Carter — Yea
Brownley — Yea
Norby — Nay
Wagner — Nay
Williams — Yea
Ammiano — Yea
Buchanan — Yea
Eng — Yea

Official roll call →

Subjects

education
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Frequently asked questions

What does AB 360 do?
(1) The Ralph M. Brown Act requires that all meetings of a legislative body, as defined, of a local agency be open and public and all persons be permitted to attend unless a closed session is authorized. The Bagley-Keene Open Meeting Act requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. This bill would expressly state that a charter school is subject to the Ralph M. Brown Act, unless it is operated by an entity governed by the Bagley-Keene Open Meeting Act, in which case the school would be subject to the Bagley-Keene Open Meeting Act. (2) The California Public Records Act requires state and local agencies to make their records available for public inspection and to make copies available upon request and payment of a fee unless the records are exempt from disclosure. This bill would expressly state that a charter school is subject to the California Public Records Act. (3) Existing law prohibits certain public officials, including, but not limited to, members of governing boards of school districts and citizens' oversight committees, from engaging in specified activities that are inconsistent or incompatible with, or inimical to, their duties as public officials, including, but not limited to, entering into a contract in which the official or the official's family member has a financial interest, as specified. This bill would expressly state that a charter school is subject to these provisions. (4) The Political Reform Act of 1974 requires every state agency and local governmental agency to adopt a conflict-of-interest code, formulated at the most decentralized level possible, that requires designated employees of the agency to file statements of economic interest disclosing any investments, business positions, interests in real property, or sources of income that may foreseeably be affected materially by any governmental decision made or participated in by the designated employee by virtue of his or her position. This bill would expressly state that a charter school is subject to the Political Reform Act of 1974. (5) This bill would state various exceptions and clarifications regarding the applicability of the acts described above in paragraphs (1) to (4) , inclusive. (6) Existing law requires a member of the governing board of a school district to abstain from voting on personnel matters that uniquely affect a relative of the member. This bill would provide that an employee of a charter school is not disqualified from serving as a member of the governing body of the charter school because of that employment status. The bill would require a member of the governing body of a charter school to abstain from voting on, or influencing or attempting to influence another member of that body regarding, any matter affecting his or her own employment or any personnel matter that uniquely affects a relative of the member. The bill would provide that a person who provides a loan to a charter school due to a school fiscal emergency, or who leases, or signs a guarantor agreement relative to the lease of, real property to be occupied by a charter school, is not disqualified because of that loan, lease, or guarantor agreement from also serving as a member of the governing body of the charter school or being an employee of the charter school and would require that person to abstain from voting on, or influencing or attempting to influence another member of that body regarding, all matters affecting the loan agreement or the real property lease agreement, as applicable. (7) The bill would make these provisions operative on July 1, 2012.
Who sponsors AB 360?
AB 360 is sponsored by Brownley and Simitian.
What is the current status of AB 360?
This bill died with 2011-2012 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 360?
Track AB 360 free on One Click Politics — get push/email alerts when it moves.

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