California 2021-2022 Regular Session Status: Enacted 1 D cosponsors

AB 289 — Classified school employees: merit system: adoption and termination.

Last action — Chaptered by Secretary of State - Chapter 88, Statutes of 2021.

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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 January 21, 2021. Enacted.

Prognosis

Likely to advance 72% · 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.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • 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 both the adoption and termination of a merit system in a school district or community college district by a majority vote of its classified employees or by a majority of the voting electors of the school district or community college district, as provided. Upon the filing of a petition for the adoption or for the termination of the merit system for classified employees of a school district or community college district, existing law requires the governing board of the district to perform specified activities in response, including, among others, devising an identification system to ensure against fraud in the balloting process and forming a tabulation committee. This bill would require the devised identification system to also ensure ballot secrecy and would prohibit a representative of the district from making any marks upon the ballot envelope or ballot of any employee, except the bill would allow the tabulation committee to adopt a system of uniformly stamping in a consistent manner and in the same location on all ballots received or all ballots counted, or both of those, to help ensure an accurate count. The bill would require at least one member of the tabulation committee to be a classified employee designated by the largest exclusive representative of classified employees within the district. If a district communicates with classified employees in opposition to adopting the merit system or in favor of terminating that system, the bill would require the district to provide at least equal time and equal access to any exclusive representative of classified employees within the district to communicate its position on adopting or terminating that system, as applicable. The bill would require all election procedures not specified for an election to adopt or terminate a merit system for a district pursuant to those provisions to be within the scope of representation for purposes of the Educational Employment Relations Act, including the rules for campaigning, the election date, time, and place, translation of the ballot, electioneering near the polls, and balloting methods. To the extent the bill would impose additional duties on local educational entities, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 88, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 1802.).

  6. Read second time. Ordered to third reading.

  7. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  8. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 7). Re-referred to Com. on APPR.

  9. Referred to Com. on L., P.E. & R.

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

  11. Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 0. Page 1401.)

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 14. Noes 0.) (May 5).

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 1.) (April 22). Re-referred to Com. on APPR.

  15. From committee: Do pass and re-refer to Com. on HIGHER ED. (Ayes 7. Noes 0.) (April 15). Re-referred to Com. on HIGHER ED.

  16. Re-referred to Com. on P.E. & R.

  17. From committee chair, with author's amendments: Amend, and re-refer to Com. on P.E. & R. Read second time and amended.

  18. Referred to Coms. on P.E. & R. and HIGHER ED.

  19. From printer. May be heard in committee February 21.

  20. Read first time. To print.

Sponsors

Sponsorship breakdown

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

Sponsors (1)

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

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 13000
Unaffiliated 22001
Republican 3001
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Wieckowski — Yea
Hueso — Yea
Bradford — Yea
Hertzberg — Yea
Rubio — Yea
Nielsen — Yea
Melendez — Yea
Wilk — Yea
Roth — Yea
Dodd — Yea
Eggman — Yea
Glazer — Yea
Skinner — Yea
Leyva — Yea
Pan — Yea
Min — Yea
Kamlager — Yea
Portantino — Yea
Atkins — Yea
Newman — Yea
Gonzalez — Yea
Bates — Yea
Borgeas — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Passed 70 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Democratic 25002
Unaffiliated 38003
Republican 7003
Total 70008
% of votes cast 90%0%0%10%
How each member voted (78)
Member Party Vote
Bloom — Yea
Friedman — Yea
Voepel — Yea
Cooley — Yea
Mathis — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Mayes — Yea
Nazarian — Yea
Wood — Yea
Low — Yea
Frazier — Yea
Levine — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Smith — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Kiley — Not Voting
Bigelow — Not Voting
Ting — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass.

Passed 14 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Democratic 7000
Republican 1001
Total 14002
% of votes cast 88%0%0%13%
How each member voted (16)
Member Party Vote
Levine — Yea
Holden — Yea
Quirk — Yea
Chau — Yea
Bigelow — Not Voting
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Berman, Marc Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Yea

Official roll call →

Passed 11 Yea · 1 Nay
Party YeaNayPresentNot Voting
Democratic 4000
Republican 2000
Unaffiliated 5100
Total 11100
% of votes cast 92%8%0%0%
How each member voted (12)
Member Party Vote
Low — Yea
Medina — Yea
Santiago — Yea
Bloom — Yea
Levine — Yea
Kiley — Nay
Arambula, Joaquin Democratic Yea
Gabriel, Jesse Democratic Yea
Irwin, Jacqui Democratic Yea
Rubio, Blanca E. Democratic Yea
Choi, Steven S. Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 289 do?
Existing law authorizes both the adoption and termination of a merit system in a school district or community college district by a majority vote of its classified employees or by a majority of the voting electors of the school district or community college district, as provided. Upon the filing of a petition for the adoption or for the termination of the merit system for classified employees of a school district or community college district, existing law requires the governing board of the district to perform specified activities in response, including, among others, devising an identification system to ensure against fraud in the balloting process and forming a tabulation committee. This bill would require the devised identification system to also ensure ballot secrecy and would prohibit a representative of the district from making any marks upon the ballot envelope or ballot of any employee, except the bill would allow the tabulation committee to adopt a system of uniformly stamping in a consistent manner and in the same location on all ballots received or all ballots counted, or both of those, to help ensure an accurate count. The bill would require at least one member of the tabulation committee to be a classified employee designated by the largest exclusive representative of classified employees within the district. If a district communicates with classified employees in opposition to adopting the merit system or in favor of terminating that system, the bill would require the district to provide at least equal time and equal access to any exclusive representative of classified employees within the district to communicate its position on adopting or terminating that system, as applicable. The bill would require all election procedures not specified for an election to adopt or terminate a merit system for a district pursuant to those provisions to be within the scope of representation for purposes of the Educational Employment Relations Act, including the rules for campaigning, the election date, time, and place, translation of the ballot, electioneering near the polls, and balloting methods. To the extent the bill would impose additional duties on local educational entities, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors AB 289?
AB 289 is sponsored by Calderon, Lisa (Democratic).
What is the current status of AB 289?
This bill has been enacted into law. Introduced January 21, 2021. Enacted.
Where can I track AB 289?
Track AB 289 free on One Click Politics — get push/email alerts when it moves.

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