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
Senate Committee on Education Vote: Do pass as amended.

PASSED on June 17, 2009.

voted YES: 5 voted NO: 1
3 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
    select this voteAssemblyAB 146 MENDOZA Assembly Third Reading4/02/2009This bill PASSED the Assembly
    52 voted YES 22 voted NO 6 voted present/not voting
    currently selectedSenate 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.
    select this voteAssembly 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).
    currently selectedVote6/17/2009Do 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.

    Average contributions given to Senators from interest groups that…

    supported this motion

    State & local government employee unions [About]
    Teachers unions [About]
    Public school teachers, administrators & officials (split) [About]
    Average given to Senators who voted:
    10 times as much
    $28,610
    $13,770
    YES$42,380
    $3,600
    $500
    NO$4,100

    opposed this motion

    Public school teachers, administrators & officials (split) [About]
    Average given to Senators who voted:
    YES$0
    NO$0
    4 Organizations Supported and 1 Opposed; See Which Ones

    Organizations that took a position on
    An Act to Amend Section 60061.5 of the Education Code, Relating to Instructional Materials.: Do pass as amended.

    4 organizations supported this motion

    American Federation of State, County and Municipal Employees
    Senate Committee on Education (2009, June 15). AB 146 6.15.2009. Retrieved October 15, 2010, from Leg Info.
    American Federation of Teachers
    Senate Committee on Education (2009, June 15). AB 146 6.15.2009. Retrieved October 15, 2010, from Leg Info.
    Association of California School Administrators
    Senate Committee on Education (2009, June 15). AB 146 6.15.2009. Retrieved October 15, 2010, from Leg Info.
    San Francisco Unified School District
    Senate Committee on Education (2009, June 15). AB 146 6.15.2009. Retrieved October 15, 2010, from Leg Info.

    1 organization opposed this motion

    Secretary of Education
    Senate Committee on Education (2009, June 15). AB 146 6.15.2009. Retrieved October 15, 2010, from Leg Info.

    Need proof?

    View citations of support and opposition

    Includes reported contributions to campaigns of Senators in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2007 – December 31, 2010.
    Contributions data source: FollowTheMoney.org

    Contributions by Legislator

    Namesort iconPartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Elaine AlquistDCA-13$49,550$0Yes
    Loni HancockDCA-9$78,300$0Yes
    Bob HuffRCA-29$4,100$0No
    Carol LiuDCA-21$43,250$0Not Voting
    Abel MaldonadoRCA-15$21,000$0Not Voting
    Alex PadillaDCA-20$61,850$0Not Voting
    Gloria RomeroDCA-24$13,350$0Yes
    Joe SimitianDCA-11$70,200$0Yes
    Mark WylandRCA-38$500$0Yes

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    Legislator Filters
    Show All
    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Elaine AlquistDCA-13$49,550$0Yes
    Loni HancockDCA-9$78,300$0Yes
    Bob HuffRCA-29$4,100$0No
    Carol LiuDCA-21$43,250$0Not Voting
    Abel MaldonadoRCA-15$21,000$0Not Voting
    Alex PadillaDCA-20$61,850$0Not Voting
    Gloria RomeroDCA-24$13,350$0Yes
    Joe SimitianDCA-11$70,200$0Yes
    Mark WylandRCA-38$500$0Yes

    Interest Groups that supported this motion

    $ Donated
    State & local government employee unions$218,600
    Teachers unions$123,500
    Public school teachers, administrators & officials$37,798

    Interest Groups that opposed this motion

    $ Donated
    Public school teachers, administrators & officials$37,798
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