Bill Text: CA SB1136 | 2009-2010 | Regular Session | Amended

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Bill Title: Education finance: revenue limit apportionments.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2010-08-13 - Set, second hearing. Held in committee and under submission. [SB1136 Detail]

Download: California-2009-SB1136-Amended.html

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BILL NUMBER: SB 1136	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 2, 2010
	AMENDED IN SENATE  JUNE 1, 2010
	AMENDED IN SENATE  APRIL 19, 2010
	AMENDED IN SENATE  MARCH 22, 2010

INTRODUCED BY   Senator Cox

                        FEBRUARY 18, 2010

   An act to add  and repeal  Section 14041.61  to
  of  the Education Code, relating to education
finance, and declaring the urgency thereof, to take effect
immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1136, as amended, Cox. Education finance: revenue limit
apportionments.
   (1) Existing law requires the Controller to draw warrants on the
State Treasury in favor of the county treasurer of each county in
each month of each year in prescribed amounts and in a prescribed
manner. Commencing with the 2008-09 fiscal year, existing law
requires the warrants for the principal apportionments for the month
of February in the amount of $2,000,000,000 to be drawn in July of
the same calendar year, and requires those warrants to be applied
toward the minimum funding requirements for school districts and
community college districts imposed by Section 8 of Article XVI of
the California Constitution for the year in which they are drawn.
   This bill would prohibit a school district's apportionment
deferral from exceeding, at any time during a fiscal year, $225
multiplied by the 2009-10 second principal apportionment average
daily attendance if the district's average daily attendance,
excluding charter school average daily attendance, for the 2009-10
2nd principal apportionment is equal to or less than 500. The bill
would provide that these provisions apply only to apportionment
deferrals within a single fiscal year.  The bill would make these
provisio   ns inoperative on September 1, 2011, and would
repeal them on January 1, 2012. 
   (2) This bill would declare that it is to take effect immediately
as an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 14041.61 is added to the Education Code, to
read:
   14041.61.  (a) Notwithstanding Sections 16325.5 and 16326 of the
Government Code, if a school district's average daily attendance,
excluding charter school average daily attendance, for the 2009-10
second principal apportionment is equal to or less than 500, the
district's apportionment deferral  pursuant to Sections 16325.5
and 16326 of the Government Code  shall not exceed, at any time
during a fiscal year, two hundred twenty-five dollars ($225)
multiplied by the 2009-10 second principal apportionment average
daily attendance.
   (b) This section applies only to apportionment deferrals within a
single fiscal year.
   (c) This section is not intended to increase the deferral amount
of any other local educational agency in order to meet the statewide
deferral amounts specified in Section 16326 of the Government Code.

   (d) This section shall become inoperative on September 1, 2011,
and, as of January 1, 2012, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2012, deletes
or extends the dates on which it becomes inoperative and is
repealed. 
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to provide economic relief for small school districts
 at the earliest possible time  , it is necessary that this
act go into immediate effect.