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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 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 Section 14041.61 to 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  , notwithstanding the provisions described
above,  would prohibit a school district's apportionment
deferral from exceeding  the school district's required
reserve for economic uncertainties if the school district meets
specified criteria.   , 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 singl   e fiscal year.

   (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.  Notwithstanding Section 14041.6 of this code, Sections
16325.5 and 16326 of the Government Code, or any other provision of
law, a school district's revenue limit apportionment deferral shall
not exceed the school district's required reserve for economic
uncertainties specified in the standards and criteria adopted by the
state board pursuant to Sections 33127 and 33128 if the school
district meets either of the following criteria:
   (a) The school district's average daily attendance, excluding
charter school average daily attendance, for the prior year second
principal apportionment is equal to or less than five hundred.
   (b) The school district's annual total revenues are less than five
million dollars ($5,000,000).  
   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 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.

  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, it
is necessary that this act go into immediate effect.