AB 146 - An Act to Amend Section 60061.5 of the Education Code, Relating to Instructional Materials.

Instructional materials: delivery. 2009-2010 Legislature. View bill details
Author(s):
Summary:
Existing law requires the State Board of Education to adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive. Every publisher or manufacturer of instructional materials offered for adoption or sale in California is required to comply with certain requirements, including guaranteeing delivery of textbooks and instructional materials prior to the opening of school… More
Existing law requires the State Board of Education to adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive. Every publisher or manufacturer of instructional materials offered for adoption or sale in California is required to comply with certain requirements, including guaranteeing delivery of textbooks and instructional materials prior to the opening of school in the year in which the textbooks and instructional materials are to be used if they are ordered by a date or dates specified in the contract with the district.

This bill would require a publisher or manufacturer of instructional materials offered for adoption or sale in California to guarantee delivery, if applicable, by the date specified in the contract with the district and would make a publisher or manufacturer that fails to deliver instructional materials within 60 days of the receipt of a purchase order from a school district liable for damages in the amount of $500 for each working day that the order is delayed beyond 60 calendar days unless there is a natural disaster, terrorist attack, act of war, or worker strike that prevents the normal transit of instructional materials, resulting in their late delivery, or if there is a delay in implementation of governing board requirements, as specified. This requirement would apply only to contracts with districts enrolling 25,000 or fewer pupils. Hide
 
Status:
This bill was passed by both houses and vetoed by the Governor. It did not become law
Assembly Vote: On Passage

PASSED on April 2, 2009.

voted YES: 52 voted NO: 22
6 voted present/not voting

An Act to Amend Section 60061.5 of the Education Code, Relating to Instructional Materials.

AB 146 — 2009-2010 Legislature

Summary
Existing law requires the State Board of Education to adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive. Every publisher or manufacturer of instructional materials offered for adoption or sale in California is required to comply with certain requirements, including guaranteeing delivery of textbooks and instructional materials prior to the opening of school in the year in which the textbooks and instructional materials are to be used if they are ordered by a date or dates specified in the contract with the district.

This bill would require a publisher or manufacturer of instructional materials offered for adoption or sale in California to guarantee delivery, if applicable, by the date specified in the contract with the district and would make a publisher or manufacturer that fails to deliver instructional materials within 60 days of the receipt of a purchase order from a school district liable for damages in the amount of $500 for each working day that the order is delayed beyond 60 calendar days unless there is a natural disaster, terrorist attack, act of war, or worker strike that prevents the normal transit of instructional… More
Existing law requires the State Board of Education to adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive. Every publisher or manufacturer of instructional materials offered for adoption or sale in California is required to comply with certain requirements, including guaranteeing delivery of textbooks and instructional materials prior to the opening of school in the year in which the textbooks and instructional materials are to be used if they are ordered by a date or dates specified in the contract with the district.

This bill would require a publisher or manufacturer of instructional materials offered for adoption or sale in California to guarantee delivery, if applicable, by the date specified in the contract with the district and would make a publisher or manufacturer that fails to deliver instructional materials within 60 days of the receipt of a purchase order from a school district liable for damages in the amount of $500 for each working day that the order is delayed beyond 60 calendar days unless there is a natural disaster, terrorist attack, act of war, or worker strike that prevents the normal transit of instructional materials, resulting in their late delivery, or if there is a delay in implementation of governing board requirements, as specified. This requirement would apply only to contracts with districts enrolling 25,000 or fewer pupils. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Amend Section 60061.5 of the Education Code, Relating to Instructional Materials.
Author(s)
Tony Mendoza
Co-Authors
    Subjects
    • Instructional materials: delivery
    Major Actions
    Introduced1/22/2009
    Referred to Committee
    Passed Assembly Committee on Education3/18/2009
    Passed Assembly4/02/2009
    Passed Senate Committee on Education6/17/2009
    Passed Senate9/03/2009
    Passed Assembly9/09/2009
    Presented to the governor (enrolled)9/28/2009
    Vetoed by Governor10/11/2009
    Vetoed by Governor10/11/2009
    Bill History
    Chamber/CommitteeMotionDateResult
    select this voteAssembly Committee on EducationDo pass as amended.3/18/2009This motion PASSED the Assembly Committee on Education
    8 voted YES 1 voted NO 2 voted present/not voting
    currently selectedAssemblyAB 146 MENDOZA Assembly Third Reading4/02/2009This bill PASSED the Assembly
    52 voted YES 22 voted NO 6 voted present/not voting
    select this voteSenate Committee on EducationDo pass as amended.6/17/2009This motion PASSED the Senate Committee on Education
    5 voted YES 1 voted NO 3 voted present/not voting
    select this voteSenateAssembly 3rd Reading AB146 Mendoza By Oropeza9/03/2009This bill PASSED the Senate
    22 voted YES 14 voted NO 4 voted present/not voting
    select this voteAssemblyAB 146 MENDOZA Concurrence in Senate Amendments9/09/2009This bill PASSED the Assembly
    53 voted YES 21 voted NO 5 voted present/not voting
    ActionDateDescription
    Introduced1/22/2009
    1/22/2009Read first time. To print.
    1/23/2009From printer. May be heard in committee February 22.
    2/26/2009Referred to Com. on ED.
    select this voteVote3/18/2009Do pass as amended.
    3/24/2009From committee: Amend, and do pass as amended. (Ayes 8. Noes 1.) (March 18).
    3/25/2009Read second time and amended. Ordered returned to second reading.
    3/26/2009Read second time. To third reading.
    4/02/2009Read third time, passed, and to Senate. (Ayes 52. Noes 22. Page 754.)
    4/02/2009In Senate. Read first time. To Com. on RLS. for assignment.
    currently selectedAssembly Vote on Passage4/02/2009AB 146 MENDOZA Assembly Third Reading
    4/30/2009Referred to Com. on ED.
    6/17/2009From committee: Amend, and do pass as amended. (Ayes 5. Noes 1.) (June 17).
    select this voteVote6/17/2009Do pass as amended.
    6/18/2009Read second time, amended, and to third reading.
    6/25/2009To inactive file on motion of Senator Padilla.
    8/31/2009From inactive file. To second reading.
    9/01/2009Read second time. To third reading. Read third time, amended. To second reading.
    9/02/2009Read second time. To third reading.
    9/03/2009Read third time, passed, and to Assembly. (Ayes 22. Noes 14. Page 2175.)
    select this voteSenate Vote on Passage9/03/2009Assembly 3rd Reading AB146 Mendoza By Oropeza
    9/08/2009In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77.
    9/09/2009Assembly Rule 77 suspended. (Ayes 50. Noes 26. Page 3191.) Senate amendments concurred in. To enrollment. (Ayes 53. Noes 21. Page 3216.)
    select this voteAssembly Vote on Passage9/09/2009AB 146 MENDOZA Concurrence in Senate Amendments
    9/28/2009Enrolled and to the Governor at 1 p.m.
    Vetoed10/11/2009Vetoed by Governor.
    10/26/2009Consideration of Governor's veto pending.
    1/14/2010Consideration of Governor's veto stricken from file.

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    An Act to Amend Section 60061.5 of the Education Code, Relating to Instructional Materials.: AB 146 MENDOZA Assembly Third Reading

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    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Anthony AdamsRCA-59$0$0No
    Tom AmmianoDCA-13$0$0Yes
    Joel AndersonRCA-77$0$0No
    Juan ArambulaICA-31$0$0Yes
    Karen BassDCA-47$0$0Yes
    Jim BeallDCA-24$0$0Yes
    Bill BerryhillRCA-26$0$0Yes
    Tom BerryhillRCA-25$0$0No
    Sam BlakesleeRCA-33$0$0Yes
    Marty BlockDCA-78$0$0Yes
    Bob BlumenfieldDCA-40$0$0Yes
    Julia BrownleyDCA-41$0$0Yes
    Joan BuchananDCA-15$0$0Yes
    Anna CaballeroDCA-28$0$0Yes
    Charles CalderonDCA-58$0$0Not Voting
    Wilmer Amina CarterDCA-62$0$0Yes
    Wesley ChesbroDCA-1$0$0Yes
    Connie ConwayRCA-34$0$0No
    Paul CookRCA-65$0$0No
    Joe CotoDCA-23$0$0Yes
    Mike DavisDCA-48$0$0Not Voting
    Hector De La TorreDCA-50$0$0Not Voting
    Kevin De LeonDCA-45$0$0Yes
    Chuck DeVoreRCA-70$0$0No
    Mike DuvallRCA-72$0$0No
    Bill EmmersonRCA-63$0$0No
    Mike EngDCA-49$0$0Yes
    Noreen EvansDCA-7$0$0Yes
    Mike FeuerDCA-42$0$0Yes
    Nathan FletcherRCA-75$0$0Yes
    Paul FongDCA-22$0$0Yes
    Felipe FuentesDCA-39$0$0Yes
    Jean FullerRCA-32$0$0No
    Warren FurutaniDCA-55$0$0Yes
    Ted GainesRCA-4$0$0No
    Cathleen GalgianiDCA-17$0$0Yes
    Martin GarrickRCA-74$0$0Yes
    Danny GilmoreRCA-30$0$0Yes
    Curt HagmanRCA-60$0$0No
    Isadore HallDCA-52$0$0Not Voting
    Diane HarkeyRCA-73$0$0No
    Mary HayashiDCA-18$0$0Yes
    Ed HernandezDCA-57$0$0Yes
    Jerry HillDCA-19$0$0Yes
    Alyson HuberDCA-10$0$0Yes
    Jared HuffmanDCA-6$0$0Yes
    Kevin JeffriesRCA-66$0$0No
    Dave JonesDCA-9$0$0Yes
    Steve KnightRCA-36$0$0No
    Paul KrekorianDCA-43$0$0Yes
    Ted LieuDCA-53$0$0Yes
    Dan LogueRCA-3$0$0No
    Bonnie LowenthalDCA-54$0$0Yes
    Fiona MaDCA-12$0$0Not Voting
    Tony MendozaDCA-56$0$0Yes
    Jeff MillerRCA-71$0$0No
    Bill MonningDCA-27$0$0Yes
    Pedro NavaDCA-35$0$0Yes
    Brian NestandeRCA-64$0$0Yes
    Roger NielloRCA-5$0$0No
    Jim NielsenRCA-2$0$0No
    John PerezDCA-46$0$0Yes
    Manuel PerezDCA-80$0$0Yes
    Anthony PortantinoDCA-44$0$0Yes
    Curren PriceDCA-51$0$0Yes
    Ira RuskinDCA-21$0$0Yes
    Mary SalasDCA-79$0$0Yes
    Lori SaldanaDCA-76$0$0Yes
    Jim SilvaRCA-67$0$0No
    Nancy SkinnerDCA-14$0$0Yes
    Cameron SmythRCA-38$0$0No
    Jose SolorioDCA-69$0$0Yes
    Audra StricklandRCA-37$0$0No
    Sandre SwansonDCA-16$0$0Yes
    Tom TorlaksonDCA-11$0$0Yes
    Norma TorresDCA-61$0$0Yes
    Alberto TorricoDCA-20$0$0Yes
    Van TranRCA-68$0$0Not Voting
    Mike VillinesRCA-29$0$0No
    Mariko YamadaDCA-8$0$0Yes

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