Copyright© 2000 by School Services of California, Inc.
2000 Chaptered and Vetoed Legislation-Part IV
The following is the final set of bills impacting community colleges that were passed during the 2000 Legislative session. All such bills had to be acted upon by the Governor by September 30, 2000-unless explicitly vetoed, they became law. Bills that contain an urgency clause are effective upon the Governor's signature. All other bills become effective January 1, 2001, or later, as specified. Bills that were tracked in Bills at a Glance are preceded by an asterisk.
* AB 419 (D-E Los Angeles), Chapter 346/00: Public Employees' Retirement System: Benefits
This bill establishes a retroactive disability retirement effective date if a retirement application is filed within nine months of discontinuance of service and the member has been continuously disabled from the date of discontinuance of service.
AB 429 (Correa, D-Anaheim), Chapter 1027/00: STRS: Supplemental Benefits
This bill provides a one-time payment to retired teachers, of between one and six percent of their annual benefits, depending on the length of time retired.
AB 448 (Floyd, D-Wilmington), Chapter 882/00: Retirement
This bill permits a contracting agency, by memorandum of understanding, to make some or all of its employees in a member classification subject to the retirement benefits formula now applicable to other employees in that same member classification. The bill also permits development of the alternative retirement plan in lieu of Social Security for part-time classified school employees as contemplated by legislation enacted in 1997.
AB 707 (House, R-Hughson), Chapter 951/00: Educational Employees
This bill authorizes the California Commission on Teacher Credentialing to exempt prelingually deaf school psychologist candidates (who are employed at state schools for the deaf) from the California Basic Education and Skills Tests (CBEST). This bill also allows the members of a community college district's governing board to request the personnel commission to exempt specified categories of senior classified administrative positions from the rules of the commission, including the ranking of eligible employees based on a promotional exam.
* AB 816 (Committee on P. E. R. & S. S.), Chapter 1025/00: State Teachers' Retirement System
Under current law, the Teachers' Retirement Law authorizes a member of the Defined Benefit Program to designate, or change the designation of, a beneficiary to receive benefits payable under the program. This bill additionally authorizes an option beneficiary to designate a death beneficiary to receive those benefits.
* AB 820 (Committee on P. E. R. & S. S.), Chapter 1020/00: Teachers' Retirement
This bill authorizes the spouse of a State Teachers' Retirement System (CalSTRS) member to redeposit a portion of previously refunded member contributions. This bill also authorizes a retired member, who was unmarried at the time of retirement and who did not elect one of the options, to make such an election if he or she marries after retirement, and to designate the member's new spouse as the option beneficiary.
* AB 821 (Correa, D-Anaheim), Chapter 1028/00: STRS Retirement
This bill allows STRS members who retire with 25 or more years of service to have their highest annual salary used in the calculation of their retirement benefits. Currently, the average of the final three years is used.
AB 878 (Cardenas, D-Sylmar), Chapter 839/00: Youth Pregnancies: Community Challenge Grant Program
This bill provides that the Community College Grant Program, which sunsets on July 1, 2000, shall be implemented only to the extent that funds are appropriated in the Budget Act. Since 1997, the program has been funded at $20 million annually. In the current fiscal year, the program is funded with $20 million one-time federal bonus funds awarded to California in 1999 under the Temporary Assistance to Needy Families program. California did not qualify in 2000 for the federal bonus funds, and it is unlikely that it will in the future.
* AB 1233 (Aroner, D-Berkeley), Chapter 933/00: CalWORKS Program
This bill allows counties to offer grant-based on-the-job training to CalWORKs participants.
* AB 1733 (Wildman, D-Los Angeles), Chapter 896/00: STRS: Post-retirement Earnings
This bill eliminates the current post-retirement earnings limitation for members of the State Teachers' Retirement System (CalSTRS) who first return to work more than one year after retirement and increases the current $19,650 limit to $22,000 for other retired members.
* AB 1736 (Ducheny, D-San Diego), Chapter 351/00: State Teachers' Retirement: Postretirement Compensation
This bill eliminates the earning limitation for teachers who retire on or before July 1, 2000, and then return to the classroom to provide remedial instruction in grades 2-12.
AB 1873 (Wiggins, D-Santa Rosa), Chapter 793/00: School-to-Career Opportunities
This bill creates an Interagency Partnership for School-to-Career Programs as a collaborative body designed to support the long-term development and implementation of the state school-to-career system and provides grants to local partnerships. The State of California has been the recipient of grant funds from the STW federal grant for a number of years. The School-to-Career program received a five-year federal grant of $131.4 million in 1996.
The Governor's signing message stated:
"I am signing Assembly Bill 1873 but with a reduction in the appropriation from $5 million General Fund to $2 million General Fund.
"This bill would appropriate $5 million from the General Fund to award local School-to-Career partnerships through a competitive grant process.
"This program, while meritorious, should appropriately be shouldered by the non-profit and private sectors. I expect the non-profit and private sectors to exceed this amount in matching funds between now and June 30, 2001. If they do not, I will not continue allocating funds toward this program."
* AB 1933 (Strom-Martin, D-Duncans Mills), Chapter 1029/00: STRS: Benefits
This bill rewards teachers who retire with more than 30 years of service before January 1, 2011. Retired teachers with 30 years of service will receive additional annual pension payments of $2,400; teachers with 31 years will receive $3,600 annual payments, and teachers with 32 or more years will receive $4,800 annually.
* AB 2177 (Committee on P. E. R. & S. S.), Chapter 1030/00: School Employees' Retirement: Contributions
This bill includes California Public Employees' Retirement System (CalPERS) retirement benefits in the "scope of representation" for California State University. It also clarifies and standardizes reporting of compensation and retirement service of school employees, holds school employers accountable for failure to report as required and it eliminates a small contribution and benefit offset for those school members who are covered by Social Security.
AB 2207 (Baldwin, R-El Cajon), Chapter 1073/00: Pupils: Gifted and Talented
This bill requires the school district governing board and the governing board of a community college district, when a request is denied for a special part-time or full-time enrolment at a community college for a pupil who is identified as highly gifted, to issue its written recommendation and the reasons for the denial within 60 days.
* AB 2337 (Ducheny, D-San Diego), Chapter 746/00: Community College Finance
This bill appropriates $5.4 million from the General Fund to California Community Colleges to augment the 2000-2001 Budget Act. It funds part-time faculty office hours and supports the further development and implementation of apprenticeship programs.
The Governor's signing message stated:
"This bill would appropriate $5,407,000 Proposition 98 General Fund to the Board of Governors of the California Community Colleges for Apprenticeship programs and to augment the Part-Time Faculty Office Hours Program.
"However, I am deleting the augmentation of $2.1 million for the Part-Time Faculty Office Hours Program. As indicated in the Budget Act, I am not supportive of the reduced local match requirement contained in Chapter 71, Statutes of 2000. I am willing to consider additional funding for this program only if the matching requirement is restored to a 1:1 ratio."
* AB 2700 (Lempert, D-San Carlos), Chapter 1021/00: STRS: Defined Benefit Supplemental Program
This bill allows teachers to include income earned from extra duties, such as summer or after-school activities, when calculating their retirement benefits.
* AB 2794 (Havice, D-Cerritos), Chapter 939/00: California Community College Economic Development Program
This bill re-authorizes the California Community Colleges Economic Development Program. It also extends the sunset date to January 1, 2003 from January 1, 2001. In addition, this bill makes various revisions to the mission, operation, clientele, and reporting of the program.
The Governor's signing message stated:
"I am supportive of the Economic Development Program, as demonstrated by the $11 million augmentation provided in the Budget Act of 2000. I also believe that it is important to expand this program's mission to include industry sectors such as information technology and e-trade/e-commerce as strategic priority areas, as well as the proposed expansion of the Job Incentive Training Program to include more categories of participants.
"It is my intent in signing this measure that the Chancellor's Office of the California Community College accomplish its objectives within existing resources, and coordinate its activities closely with the Trade and Commerce Agency's Economic Development Division."
* SB 984 (Polanco, D-Los Angeles), Chapter 213/00: State Holidays: Cesar Chavez
This bill adds a provision that March 31, Cesar Chavez Day, be a paid holiday for state employees and it makes March 31, Cesar Chavez Day, an optional holiday for public schools. School may be closed on that day, or the appropriate Monday or Friday following or preceding that date if the governing board, pursuant to a memorandum of understanding with bargaining units, agrees to close schools. No state funding is provided to LEAs so approval of the day as a local holiday would require local funding.
This bill also allows the California Commission on Improving Life through Service to make grants to local and state operated Americorps or Conservation Corps programs to engage pupils through their schools and school districts in community service that qualifies as instructional time on Cesar Chavez Day. The grants will be for $1 for each participating pupil or $250 for each school which ever is greater.
In addition, the bill requires the State Board of Education to develop a model state curriculum and framework on the life and work of Cesar Chavez.
SB 1387 (Hughes, D-Inglewood), Chapter 942/00: Compton USD and Compton Community College District
This bill extends the sunset date of the Compton Unified School District program that identifies low-performing schools and provides extended school year instruction for students in kindergarten through 12th grade from January 1, 2001 to January 1, 2002. This bill also would have appropriated $3 million to the Compton Community College District to complete construction of a technology building. Governor Davis in his signing message deleted the appropriation.
* SB 1435 (Johnston, D-Stockton), Chapter 1032/00: Teachers' Health Benefits: Medicare Premiums
This bill pays for Medicare benefits for retired teachers 65 or older.
SB 1505 (Burton, D-San Francisco), Chapter 1026/00: STRS: Minimum Benefits
This bill raises older retired teachers' benefits which are currently below poverty levels to a guaranteed $15,000 per year.
SB 1694 (Ortiz, D-Sacramento), Chapter 880/00: Public Employees' Retirement: Membership Election
This bill allows any certificated teacher member of STRS, who becomes employed by the state, to stay in STRS instead of joining PERS. It also allows any state member of PERS, who becomes employed as a certificated teacher and performs services, that requires STRS membership, to elect to remain in PERS.
* SB 1960 (Burton, D-San Francisco), Chapter 893/00: Public School Employee Labor Relations
This bill creates a "fair share" or "agency shop" arrangement for public school employees.
* AB 172 (Firebaugh, D-E Los Angeles): Public Postsecondary Education: International Study
This bill would have appropriated $126,500 to the California State University for the establishment of an international study program with California's strategic global partners, Mexico, Japan, Canada, and South Korea.
The Governor's veto message stated:
"While I am supportive of expanding student exchanges with our trading partners, the purposes of this bill can be accomplished under existing law. Presently, the California State University sponsors a number of student and faculty exchanges within their existing administrative budget. In addition, under current law, local community college districts can also waive the nonresident tuition of up to ten percent of the nonresident foreign students attending a community college district."
* AB 1197 (Firebaugh, D-Los Angeles): Public Postsecondary Education: Residency
This bill would have exempted any person who has filed a petition for lawful immigration status and meets other specified criteria, from paying non-resident fees for attending the California Community Colleges, the California State University, or the University of California.
The Governor's veto message stated:
"Pursuant to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), undocumented aliens are ineligible to receive postsecondary education benefits based on state residence unless a citizen or national of the United States would be eligible for the same benefits without regard to their residence (Title VIII, Section 1623).
"In order for undocumented students to be exempt from paying non-resident tuition charges as called for in this legislation, IIRIRA would require that all out-of-state legal residents be eligible for this same benefit. Based on Fall 1998 enrollment figures at the University of California and the California State University alone, this legislation could result in a revenue loss of over $63.7 million to the State.
"For the reasons outlined above, I cannot support AB 1197. I believe the State's priorities and funding must be focused on higher education attainment for California legal residents, both present and future."
* AB 1861 (Runner, R-Lancaster): Public Postsecondary Education: Articulation Agreements
This bill would have requested the University of California and require the California State University to develop and maintain articulation agreements for 20 high-demand majors and all lower division course requirements with all California Community Colleges. This bill would have also required California Community Colleges to participate in the articulation process.
The Governor's veto message stated:
"I support the development of articulation agreements between the State's four year institutions and the Community Colleges. Accordingly, the Four Year Partnership Agreement with higher education promotes these requirements. However, requiring California Community Colleges to participate in the articulation process as specified in this bill would impose a state-mandated local program with annual reimbursable Proposition 98 General Fund costs of up to $12 million."
* AB 2007 (Runner, R-Lancaster): Field Act Exemption for Antelope Valley College
This bill would have exempted any joint-use facility at Antelope Valley College, in conjunction with the California State University, Bakersfield, from Field Act provisions. In addition, this bill would have appropriated $1 million from the General Fund to San Mateo Community College District to develop a branch of San Francisco State University at Cañada College.
The Governor's veto message stated:
"I strongly support the Field Act, which provides important earthquake protections for California schools. An exemption would be inconsistent with the State's policy of ensuring structural safety.
"Regarding the separate and distinct provision of this bill concerning Cañada College, I believe that this proposal is an innovative instructional program that could cost-effectively meet student needs, improve transfers and meet areas of high employment demand. If this was a stand alone bill, I would sign it."
AB 2384 (Assembly Committee on Higher Education): Postsecondary Education
The Governor's veto message stated:
"Despite the bill's technical and clarifying changes to the Education Code and the Public Contract Code, I have over-riding concerns with this measure.
"Assembly Bill 2384 would exempt the Board of Governors of the California Community Colleges from existing competitive bidding provisions related to procurement, which would likely lead to higher costs for some services. I am unable to find a compelling rationale to exempt the California Community Colleges from the competitive bidding provisions of the Public Contract Code. To do so could result in higher procurement costs that would have to be supported from Proposition 98 resources."
* AB 2388 (Lempert, D-San Carlos): Community Colleges
The Governor's veto message stated:
"While I recognize that the Chancellor and the Board of Governors of the California Community Colleges have engaged in a significant effort to comprehensively review and revise the Education Code pertaining to the community colleges, I am concerned that this bill may inadvertently cause significant state-mandated costs. While this bill includes many proposed changes that can improve the operation of the community college system, there are a number of fiscal and policy matters that should be reconsidered before being included in legislation. Therefore, I am directing the Office of the Secretary for Education and the Department of Finance to work together with the Chancellor to further examine these issues with the objective of reaching resolution during the next legislative session."
* AB 2553 (Hertzberg, D-Van Nuys): Recycling and Re-education Grant Program
This bill would have required the California Department of Education, in consultation with the California Integrated Waste Management Board and Department of Conservation, to establish a program to award grants and provide incentives to school districts and county offices of education to implement source reduction and recycling programs.
The Governor's veto message stated:
"I support the important concept of promoting environmental education of California's children. Through education our current and future waste generators will learn to respect and conserve natural resources by making informed environmental choices.
"However, I cannot sign this measure. It appropriates $3 million in unbudgeted funds. The source reduction and recycling program created by this bill should be considered as part of the budget process to compete with other meritorious projects."
* AB 2565 (Zettel, R-Poway): Public Postsecondary Education: Technology and Telecommunications/Communications Program
The Governor's veto message stated:
"Regarding the section of the bill concerning lottery monies, nearly $4 billion is available through the general apportionment, Partnership for Excellence and one-time block grant that the colleges can use at their discretion to fund local technology and telecommunication needs. Therefore this section is unnecessary.
"This bill also exempts the Board of Governors of the California Community Colleges from the Department of Information Technology (DOIT) review and approval process. I am opposed to exempting the Board of Governors from DOIT oversight. The DOIT process ensures that the State's investments in technology are appropriate, cost-beneficial and an effective use of taxpayer dollars."
AB 2578 (Wesson, D-Los Angeles): Notice of Layoff for Classified Employees
This bill would have required school and community college districts to give 60 days' advance notice of layoff to classified employees who are being terminated as a result of expiration of specially funded programs or elimination of service for lack of work when the termination date is other than June 30.
The Governor's veto message stated:
"I cannot support this measure because it would require school or community college districts to foresee their personnel needs 60 days in advance, which is not always possible. Many districts are not notified until the final weeks of the fiscal year of programs that will continue to be funded for the next fiscal year."
* AB 2642 (Calderon, D-Montebello): Public Employees' Retirement: Benefits
This bill would have allowed public agencies that contract with the Public Employees' Retirement System that have excess retirement assets the opportunity to provide two retirement formulas for non-safety employees that are currently applicable only to safety members.
The Governor's veto message stated:
While I support the collective bargaining process, I am not aware of a business or policy need to provide a new, higher level of retirement benefits for non-safety public employees.
* SB 358 (Ortiz, D-Sacramento): Classified Employees: Short-term Employees
This bill would have prohibited the number of short-term employees in the classified service from exceeding 20 percent of the school district's or community college district's total classified workforce. This bill also would have required the governing board of each school and community college district to specify the services to be performed by the employee and to certify the ending date of the service, prior to hiring the short-term employee.
Governor's veto message not available
* SB 360 (Solis, D-El Monte): Classified Employees
This bill would have required that before employing a short-term employee, the governing board of a school or community college district is required to specify the service required to be performed and certify the estimated ending date of the service.
Governor's veto message not available
* SB 546 (Solis, D-El Monte): Unemployment Compensation Increases
This bill would have provided a 65% increase in unemployment insurance (UI) benefits for most California workers phased in over three years. This bill would have increased the wage replacement rate, increased the weekly minimum and maximum benefit amounts, and provided a statutory formula for adjusting the maximum weekly benefit each year in accordance with the state's average weekly wage.
The Governor's veto message stated:
"The proposed increases in this bill would result in costs to the UI Fund of $236.6 million in 2000-01, $641.6 million in 2001-02, and $864.9 million in 2002-03. Without raising the taxable wage base or tax rates, this increase in benefit costs could place the solvency of the UI Fund at risk.
"California's robust economic prosperity is continuing, and California is experiencing it's lowest unemployment rate in decades. For this reason and the reasons stated above I am returning this bill without my signature."
* SB 1094 (Johnston, D-Stockton): Educational Facilities
This bill would have expanded the authority of the California Educational Facilities Authority (CEFA) to include financing for the construction of cultural facilities, in addition to its current authority of financing educational institutions. The Infrastructure and Economic Development Bank (Infrastructure Bank) already has the ability to finance cultural facilities, as described. Therefore, this bill would have provided an unnecessary duplication of effort.
The Governor's veto message stated:
"With regard to the separate and distinct section of the bill establishing a new grant program to private colleges, the legislation outlines no criteria, no standards and no direction to how this program would be administered. I would consider a proposal that provides more specifically with respect to a program that uses the Authority's fund balance."
* SB 1550 (Alpert, D-Coronado): School Districts: Board of Education
This bill would have doubled the current statutory compensation ceiling for members of governing boards of school districts, county offices of education, and community college districts.
The Governor's veto message stated:
"While I highly value the commitment and expertise of these board members to our educational system and local communities, I am concerned about the cost pressure that may be placed on local education agencies to meet the increased compensation ceilings contained in this bill. This pressure could result in a diversion of funds away from critical educational programs and diminish the focus on the classroom success of California students."
SB 1637 (Burton, D-San Francisco): ERAF
This bill, an urgency measure, would have incrementally capped local agencies' contribution to the Educational Revenue Augmentation Fund (ERAF) beginning in 2001-02. This cap would have been phased in over two years and would be fully capped beginning in 2003-04.
The Governor's veto message stated:
"Capping the Educational Revenue Augmentation Fund would ignore the various measures (e.g., trial court funding, Citizen's Option for Public Safety program, and Proposition 172) that have already mitigated the property tax shift by nearly $3 billion annually. For approximately a dozen counties, the value of these mitigation measures exceeds the current value of their property tax shifts.
"In addition, the Budget Act of 2000 provides significant assistance to local governments including $75 million in technology funding for law enforcement, $115 million in housing grants, $2 billion for transportation projects, and hundreds of millions more in the areas of health and human services, juvenile justice, social services, and environmental protection.
"This bill also does not address the Sonoma lawsuit, with potential $15 billion in liability for the State. Although this bill begins to address the ERAF issues, I am vetoing the bill because the State-local fiscal relationship should be approached more broadly and comprehensively and not be restricted to examination of the property tax only. I am also vetoing this bill because it would result in substantial, ongoing General Fund costs that would increase dramatically over time."
SB 1692 (Ortiz, D-Sacramento): State Teachers' Retirement: Reinstatement
Under current law, if a teacher comes out of retirement to teach again, any improvements in retirement benefits established after the first retirement would apply only to the second period of teaching. This bill would have allowed teachers who come out of retirement for a one year to apply any improvements in retirement benefits to their entire teaching service.
The Governor's veto message stated:
"I have signed a comprehensive package of legislation that will greatly enhance teachers' retirement benefits. In addition, several initiatives were adopted as part of the 2000 Budget Act to specifically address the need for new teachers. I agree with the intent of this legislation to encourage teachers to return to the classroom but do not believe one year is a sufficient period of time to warrant the significant benefit for which this bill provides. I would consider legislation that lengthens the period of time to at least two years. For these reasons, I cannot support SB 1692."