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2008 Vetoed Education Legislation


Assembly Bills

| AB 16 | AB 100 | AB 125 | AB 357 | AB 359 | AB 360 | AB 524 | AB 531 | AB 599 | AB 659 | AB 734 | AB 1028 |
| AB 1112 | AB 1230 | AB 1292 | AB 1405 | AB 1502 | AB 1526 | AB 1754 | AB 1805 | AB 1821 | AB 1863 |
| AB 1872 | AB 1885 | AB 1928 | AB 1982 | AB 1997 | AB 2034 | AB 2064 | AB 2078 | AB 2115 | AB 2123 |
| AB 2135 | AB 2138 | AB 2167 | AB 2173 | AB 2213 | AB 2214 | AB 2243 | AB 2252 | AB 2299 | AB 2305 |
| AB 2308 | AB 2315 | AB 2346 | AB 2369 | AB 2396 | AB 2438 | AB 2467 | AB 2468 | AB 2471 | AB 2550 |
| AB 2567 | AB 2576 | AB 2584 | AB 2630 | AB 2704 | AB 2757 | AB 2843 | AB 2844 | AB 2959 | AB 2994 |
| AB 2996 | AB 3014 | AB 3033 | AB 3041 | AB 3068 | AB 3084 |

Senate Bills

| SB 146 | SB 325 | SB 360 | SB 364 | SB 413 | SB 527 | SB 775 | SB 823 | SB 867 | SB 908 | SB 967 | SB 1097 |
| SB 1111 | SB 1132 | SB 1208 | SB 1214 | SB 1301 | SB 1322 | SB 1330 | SB 1354 | SB 1355 | SB 1376 |
| SB 1425 | SB 1442 | SB 1446 | SB 1447 | SB 1475 | SB 1505 | SB 1515 | SB 1524 | SB 1585 | SB 1601 | SB 1607 |
| SB 1674 | SB 1709 | SB 1718 | SB 1735 | SB 1749 | SB 1767 |


 

AB 16

Author

Evans

Topic

Human papillomavirus vaccination.

Summary

Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Under existing law, a plan and a health insurer that include coverage for the treatment or surgery of cervical cancer are deemed to provide coverage, upon the referral of a patient's physician and surgeon, a nurse practitioner, or a certified nurse midwife providing care to the patient and operating within the scope of practice permitted for the licensee, for an annual cervical cancer screening test. This bill would instead require the referral to be from the licensed health care practitioner who is providing care to the patient and operating within the scope of practice permitted for the licensee. The bill would also expand the coverage to include a human papillomavirus vaccination, as specified. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 16 without my signature. The addition of a new mandate, no matter how small, will only serve to increase the overall cost of health care. California currently has 44 mandates on its health care service plans and health insurance policies. While these mandates are well-intentioned, the costs associated with guaranteed coverage means that these costs are passed through to the purchaser and consumer. These mandates are a significant driver of cost. Every day, a growing number of employers and individuals are struggling to pay for their health care. We cannot afford to increase these costs without enacting other measures that improve efforts aimed at prevention, address affordability of care and share responsibility between individuals, providers, employers and government. For these reasons, I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

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AB 100

Author

Mullin

Topic

Education facilities: per-unhoused-pupil grants.

Summary

The Leroy F. Greene School Facilities Act of 1998 requires the State Allocation Board to allocate, to applicant school districts, prescribed per-unhoused-pupil state funding for construction and modernization of school facilities, including hardship funding, and supplemental funding for site development and acquisition. A provision of the Leroy F. Greene School Facilities Act of 1998 sets specific per-unhoused-pupil grant eligibility levels applicable on and after July 1, 2006. This bill would repeal that provision, would increase by 5 percent the per-unhoused-pupil grants, including grants for individuals with exceptional needs, that were in effect pursuant to the provision to be repealed by the bill as it read on January 1, 2008, and would further increase these grants by 4 percent on January 1, 2010. The bill also would require the State Allocation Board to increase specified grants made to qualifying individuals with exceptional needs in accordance with the provision to be repealed by the bill as it read on January 1, 2008. This bill contains other related provisions.

Veto Message

I am returning Assembly Bill 100 without my signature. Provisions in this bill would set an undesirable precedent by providing a retroactive increase to school district per-pupil construction grants. This provision conflicts with the full and final apportionment provision of the School Facilities Program, which requires districts to certify that the funding received is sufficient to complete the project for which the grants are intended. Furthermore, with California's current fiscal climate, it is imprudent to increase construction grants at this time, particularly considering it is uncertain when the next school bond measure may be approved by the voters. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 125

Author

Ma

Topic

School facilities.

Summary

Existing law authorizes a school district or community college district to pursue the authorization and issuance of bonds for school facilities construction purposes by a 55 percent vote of the electorate if the bond proposition and resulting bonded indebtedness includes, among other things, a requirement that the district conduct an annual, independent performance audit to ensure that the funds have been expended only on the specific projects listed. This bill would authorize the performance audit to include reviews of the compliance of the district with its bond ballot language and certain costs and procedures. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 125 without my signature. This bill is unnecessary since it simply provides legislative authorization to include the specified issues for districts to review in its annual, independent performance audits of local general obligation bonds. Nothing in current law prohibits a district from including these elements today, even in the absence of this measure. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 357

Author

Mendoza

Topic

Instructional materials.

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 alternatively to guarantee delivery, if applicable, by the date specified in the contract with the district and would make a publisher or manufacturer who 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 late delivery results from circumstances beyond the control of the publisher or manufacturer, as specified.

Veto Message

I am returning Assembly Bill 357 without my signature. While I am supportive of efforts to ensure that school districts have instructional materials available for their students on a timely basis, this bill is unnecessary. Districts may enter into contractual agreements with publishers and can negotiate any level of penalty based on a variety of contract terms, even without statutory mandate. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 359

Author

Karnette

Topic

High school exit examination: intensive instruction and services.

Summary

Existing law requires the Superintendent of Public Instruction to apportion to each school district a per pupil amount of funds appropriated for purposes of providing intensive instruction and services to pupils who have not met the high school exit examination requirement and have failed one or both parts of that examination by the end of grade 12. Existing law sets forth the calculation the Superintendent is required to perform to determine the per pupil amount of funds to be apportioned to each school district. This bill would make a technical correction in the manner in which that calculation is described and other technical changes. This bill contains other related provisions.

Veto Message

I am returning Assembly Bill 359 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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AB 360

Author

Carter

Topic

Juvenile court law: purpose.

Summary

Existing law sets forth the purpose of juvenile court law, and provides that a minor under the jurisdiction of the juvenile court who is in need of protective services shall receive care, treatment, and guidance consistent with his or her best interest and the best interest of the public. Existing law provides that a minor under the jurisdiction of the juvenile court as a consequence of delinquent conduct shall, in conformity with the interests of public safety and protection, receive care, treatment, and guidance that is consistent with his or her best interest, that holds the minor accountable for his or her behavior, and that is appropriate for his or her circumstances. This bill would authorize a county to adopt a restorative justice program to address the needs of minors, victims, and the community. The bill would require the restorative justice program to be implemented through a restorative justice protocol developed by the juvenile court in conjunction with the prosecutor, public defender, and other interested groups. The bill would prohibit the use of General Fund moneys to fund the program. The bill would authorize each county to establish the program only after that county has obtained funds for these purposes, as specified. The bill would include related findings and declarations. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 360 without my signature. This bill would allow counties to establish restorative justice programs. While I am open to prevention and treatment programs which are proven effective, the principles stated in this bill appear to emphasize alternatives to incarceration, without ensuring public safety. It is also unclear whether the restorative justice program, as proposed in this bill, is limited to first or second-time, nonviolent offenders. I urge the Legislature to give further attention to these important issues that help shape the juvenile justice system. For these reasons I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 524

Author

Hancock

Topic

Public employees: local agencies.

Summary

The Public Employees' Medical and Hospital Care Act requires the Board of Administration of the Public Employees' Retirement System to administer the provisions of the act. That law permits a contracting agency to elect to be subject to the act for its employees and annuitants, provided that employer contributions for annuitants at all times equal employer contributions paid for active employees. That law provides that the employer contribution for post retirement health benefit coverage for an employee of a contracting agency is based upon the employee's completed years of credited state service at retirement. This bill would permit the West County Waste Water District to provide an employer contribution for post retirement health coverage based on credited service of the employee, as specified. The bill would provide that the employer contribution shall be 100 percent of the weighted average of health benefit plan premiums for an employee and an additional 90 percent of the weighted average of health benefit plan premiums for family members of those employees if the employee completes 10 years of state service at retirement, as specified. The bill would provide that these provisions do not apply to the West County Waste Water District, the employees of the district, or the annuitants until the district files with the Board of Administration of the Public Employees' Retirement System a resolution of the governing body of the district that the district will be subject to these provisions.

Veto Message

I am returning Assembly Bill 524 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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AB 531

Author

Salas

Topic

Curriculum frameworks: social sciences: school segregation.

Summary

Existing law requires the Curriculum Development and Supplemental Materials Commission to recommend curriculum frameworks to the State Board of Education. The board is required to adopt the content of curriculum frameworks in accordance with specified regulations. The board also is required to bring the curriculum frameworks into alignment with the statewide content and performance standards and to ensure that curriculum frameworks are reviewed and adopted in each of specified subject areas consistent with the cycles for the submission of instructional materials for adoption by the board. This bill would require the case of Mendez v. Westminster School Dist. (64 F. Supp. 544 (C.D. Cal.1946), aff'd, Westminster School Dist. v. Mendez (9th Cir. 1947) 161 F. 2d 774) and the role of this case in the civil rights movement and the desegregation of public schools in California and the nation to be included in the history-social science framework, evaluation criteria, and instructional materials for grade 4 and either grade 11 or 12 when they are adopted in the course of the next submission cycle.

Veto Message

I am returning Assembly Bill 531 without my signature. While I respect the author's intent to recognize the role that the Mendez v. Westminster School District case played in the civil rights movement, I have consistently vetoed legislation that has attempted to mandate specific details or events into areas of instruction. The State Board of Education adopted content standards are developed by a diverse group of experts and are intentionally broad in order to allow coverage of various events, developments, and issues. I continue to believe that the State should establish rigorous academic standards and frameworks, but refrain from being overly prescriptive in specific school curriculum. For this reason, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 599

Author

Mullin

Topic

Education finance.

Summary

Existing law requires the county superintendent of schools to determine a revenue limit for each school district in the county pursuant to a specified formula based on the base revenue limit of the school district for the prior year, adjusted for inflation, and the average daily attendance for the entire school district, as specified. This bill would state the intent of the Legislature to address various education funding issues. This bill would require the base revenue limit for each school district for the 2009-10 fiscal year to include an adjustment, computed as specified. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 599 without my signature. While this bill attempts to simplify an overly complex education finance system, this bill has several technical concerns in the way it was drafted. I am concerned that the consolidated "add-on" may not be revenue neutral, as the author intended, since various factors could result in unanticipated General Fund costs or savings in future years. Furthermore, the bill as crafted may diminish the incentives for districts to offer longer instructional time. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 659

Author

Ma

Topic

Child care: City and County of San Francisco: individualized county child care subsidy plan: continuity of services.

Summary

The Child Care and Development Services Act provides child care and development services to children from birth to 13 years of age and their parents through full- and part-time programs. The act establishes priority for state and federally subsidized child development services, and authorizes a family enrolled in a state or federally funded child care and development program whose services would otherwise be terminated to continue to receive services under certain conditions in order to promote continuity of services. This bill would authorize a local policy developed by the City and County of San Francisco as part of an individualized county child care subsidy plan to supersede state law by including families enrolled in locally funded programs in the continuity of care provision that applies to families enrolled in state and federally funded programs. The bill would require a program, in order to qualify as a locally funded child care and development program for purposes of this authority, to meet specified requirements. The bill also would require that the final report submitted to the Legislature, the State Department of Social Services, and the State Department of Education include a summary of the implementation of this authority and associated impacts, as specified. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 659 without my signature. The continuity of services in child care settings is a laudable goal. However, this bill would create a negative incentive for the county to rely on the availability of state and federally funded programs to alleviate their local program needs, rather than maximizing their local funds to create a comprehensive child care delivery system. The bill would also create significant Proposition 98 General Fund cost pressure to expand state child care programs at a time of fiscal challenge. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 734

Author

Evans

Topic

Apprenticeship oversight.

Summary

Existing law creates the California Apprenticeship Council within the Division of Apprenticeship Standards for the purpose of issuing rules and regulations governing the administration of apprenticeship programs. The council is composed, in part, of 6 representatives each from employers or employer organizations and employee organizations. This bill would provide that no 2 employer representatives may be from the same employer or employer organization and no 2 employee representatives may be from the same national or international labor organization, as defined. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 734 without my signature. This bill would amend membership criteria for the California Apprenticeship Council (CAC), significantly amend existing law with regard to auditing of apprenticeship programs, and places new requirements on new or expanding apprenticeship programs in the building and construction trades. While the auditing provisions are a vast improvement in public policy over existing audit provisions, changes to criteria for membership on the CAC and a failure to address the "needs test" for new or expanding apprenticeship programs are cause for concern. There has been no indication that current criteria for membership is somehow inadequate or needs to be addressed, and the failure to address the "needs test" will ensure that California's apprenticeship programs will remain de-recognized by the federal Department of Labor. For these reasons, I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

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AB 1028

Author

Caballero

Topic

Child care: funding: audits.

Summary

The Child Care and Development Services Act establishes a system of child care and development services for children up to 13 years of age and requires the Superintendent of Public Instruction to assign reimbursement rates to be paid by the state for the provision of those services. The act requires each organization that enters into a direct services contract with the state to provide child care and development services annually to undergo a single independent financial and compliance audit. This bill would revise and reorganize various provisions of the act relating to the reimbursement and auditing of child care and development providers. The bill would require a child care contractor receiving additional funding to separately account for all sources and amounts of funds and to report the amount of all funds in order to ensure that a contractor is not reimbursed twice for the same activity, personnel, or function. The bill also would prohibit the State Department of Education from including any unrestricted funds in calculations of the state funding available to child care contractors. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 1028 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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AB 1112

Author

Torrico

Topic

School district and community college district bonds.

Summary

Existing law authorizes the governing board of a school district or community college district to order an election and submit to the electors of the district the question of whether the bonds of the district should be issued and sold for the purpose of raising money for specified purposes. Those purposes include the acquisition of school lots, the purchase of school buildings, furniture, and equipment, the permanent improvement of school grounds, school construction, including demolition, alterations, additions, restoration, reconstruction, repairing, the carrying out of projects involving sewer and drainage systems, and the purchase of schoolbuses. This bill would add the acquisition and construction of residential rental property to be used to house teachers and employees of the school district or community college district to the purposes for which a district is authorized to issue bonds. The bill would provide that residential rental property to be used by a school district or a community college district to house its teachers or employees that is acquired or purchased using the proceeds of these bonds is not a school facility, as that term is used in Section 18 of Article XVI of the California Constitution and would prohibit that property from being deemed a school facility. The bill would prohibit an apportionment of funds pursuant to the Leroy F. Greene School Facilities Act of 1998 from being made for the acquisition or construction of residential rental property to be used to house teachers or employees of a school district and would prohibit bonded indebtedness incurred by a school district for that purpose from being considered debt issued for capital outlay school facility purposes in determining the eligibility of a school district for financial hardship status pursuant to that act.

Veto Message

I am returning Assembly Bill 1112 without my signature. This bill adds the acquisition or construction of residential rental property in order to house district teachers and employees to the purposes for which a school district or community college district governing board may request voter approval to issue and sell bonds. School districts should not add residential property management to their list of responsibilities. This broadened authority would detract from their primary responsibility of educating students. The issue of affordable housing is best addressed by the local government agencies tasked with that responsibility. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 1230

Author

Laird

Topic

California Career Resource Network Program.

Summary

Existing law establishes the California Career Resource Network Program in state government for the purpose of providing career development information and resources to people in California in order to enable them to attain their career goals. The network is composed of the Director of Employment Development, the Superintendent of Public Instruction, the Chancellor of the California Community Colleges, the Director of Rehabilitation, the Director of Social Services, the Executive Director of the California Workforce Investment Board, the Executive Secretary of the Bureau for Private Postsecondary and Vocational Education, the Director of the California Youth Authority, the Director of the Department of Corrections and Rehabilitation, and the Director of the Department of Developmental Services, or their designees. This bill would establish the network as a program in the State Department of Education, establish the state agency partners committee to be composed of the current members of the network, and require the state agency partners committee to coordinate the use of network information and resources in their programs. These provisions would become operative on July 1, 2009.

Veto Message

I am returning Assembly Bill 1230 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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AB 1292

Author

Mendoza

Topic

Vote by mail voters: ballot materials.

Summary

Existing law provides that candidates for statewide elective office or for the Assembly or Senate who accept voluntary expenditure limits, or candidates for nonpartisan, local elective office, may purchase space to place a candidate's statement that will be included in the state ballot pamphlet or the sample ballot of the local jurisdiction that is sent to all registered voters prior to any local or statewide primary or general election. Existing law also requires that each vote by mail ballot that is delivered pursuant to specified provisions be accompanied by a ballot pamphlet, unless the voter has already been provided with a ballot pamphlet. This bill would additionally require that a vote by mail ballot that is sent to vote by mail voters be accompanied by the candidates' statements for the Assembly or Senate and local nonpartisan elective offices, unless the voter has registered to vote by mail after the 29th day prior to the election or the voter has already been provided with these candidates' statements. By increasing the duties of local elections officials, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 1292 without my signature. I share the author's concerns that voters in one county in 2006 submitted absentee ballots before receiving sample ballots with candidate statements. However, I cannot support imposing additional costs on local governments in order to address something not shown to be a widespread problem. As absentee voting grows in popularity, it is crucial for absentee voters to ensure they have received and reviewed the necessary information to make an informed choice. I believe the overwhelming number of absentee voters do this currently, making this bill unnecessary. For these reasons, I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

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AB 1405

Author

Maze

Topic

Juveniles: joint assessment of status: confidential information.

Summary

Existing law provides that whenever a minor appears to come within the description of both a dependent child and a ward of the juvenile court, the county probation department and the child welfare services department shall, pursuant to a jointly developed written protocol, initially determine which status will serve the best interests of the minor and the protection of society. Existing law authorizes the probation department and the child welfare services department in any county to create a jointly written protocol that would permit the county probation department and the child welfare services department to jointly assess and produce a recommendation that a minor who meets specified criteria be designated as both a dependent child and a ward of the juvenile court, as specified. Existing law requires the recommendation to be presented to the juvenile court. This bill would, until January 1, 2012, prohibit any statements, admissions, or confessions made by, or incriminating information obtained from, a minor in the course of any screening or assessment conducted as part of the joint assessment from being admitted into evidence, or used against the minor, in any juvenile, criminal, or civil proceeding, other than a hearing conducted pursuant to the above provisions, or a juvenile dependency proceeding in order to arrange or provide treatment, visitation, or other services for the minor. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 1405 without my signature. This bill would discourage complete and honest testimony in judicial proceedings by forbidding a prosecutor from using a minor's prior statements to demonstrate that he or she is misleading the court. For this reasons I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 1502

Author

Lieu

Topic

Instructional materials: financial literacy.

Summary

Existing law, with respect to the adopted course of study in grades 1 to 12, inclusive, requires that instruction in social sciences include instruction in economics, as specified. Existing law requires, after January 1, 2003, and concurrently with, but not prior to, the next revision of textbooks or curriculum frameworks in the social sciences, health, and mathematics curricula, that the State Board of Education ensure that specified academic areas integrate certain components, including financial preparedness. This bill would require the state board and the Curriculum Development and Supplemental Materials Commission to ensure that information about financial literacy is included in appropriate subject area frameworks. The bill would encourage school districts to include, during instruction in economics, instruction related to the understanding of personal finances, including, but not limited to, budgeting, savings, credit, and identity theft. This bill contains other related provisions.

Veto Message

I am returning Assembly Bill 1502 without my signature. While I acknowledge that teaching students the importance of financial literacy is meritorious, school districts already have the flexibility to incorporate money management into their lesson plans. Moreover, the State Board of Education adopted content standards are developed by a diverse group of experts and are intentionally broad in order to allow coverage of various events, developments, and issues. I continue to believe that the State should establish rigorous academic standards and frameworks, but refrain from being overly prescriptive in specific school curriculum. For this reason, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 1526

Author

Committee on Budget

Topic

Before and after school programs.

Summary

Proposition 49, an initiative statute approved by the voters at the November 5, 2002, statewide general election, enacted the After School Education and Safety Program Act of 2002. The act continuously appropriates each fiscal year an amount up to $550,000,000 from the General Fund to the State Department of Education for purposes of the After School Education and Safety Program. The initiative statute prohibits the amendment of specified provisions of the act by the Legislature and requires a 2/3 vote of each house to amend another specified provision of the act. This bill would repeal provisions of the act that make that continuous appropriation and would authorize the Legislature to amend any provision of the act by a statute passed by a majority vote of each house. The bill would require the Secretary of State to submit those provisions to the voters at the November 4, 2008, statewide general election, would waive or modify statutory election deadlines and requirements for placement of those provisions on the ballot, and would make the provisions operative on July 1 immediately following the date upon which they are approved by the voters. This bill contains other related provisions.

Veto Message

I am returning Assembly Bill 1526 without my signature. As the primary architect of Proposition 49, I have seen first-hand the countless benefits of after-school programs. In 2002, the voters overwhelmingly approved Proposition 49 to significantly expand access to after-school programs and this bill would contradict the will of the voters. The voters supported the $550 million continuous appropriation that provides California's elementary and middle school children with a stable resource for tutoring, homework assistance, and educational enrichment activities, such as music, arts, and physical fitness, while providing working parents with peace of mind that their children are in a safe and nurturing environment. For this reason, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 1754

Author

Hayashi

Topic

Community colleges: grade changing policies.

Summary

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Under existing law, the board of governors appoints a chief executive officer, known as the Chancellor of the California Community Colleges, who is responsible for executing the duties and responsibilities delegated to him or her by the board. Existing law also establishes community college districts throughout the state, and authorizes these districts to provide instruction to students at community college campuses. This bill would require the Chancellor of the California Community Colleges to distribute a preexisting model grade changing policy updated in 2008 to each community college district. This bill would provide that the Legislature encourages the community college districts to establish grade changing policies and procedures that reflect the standards contained in the model policy. This bill contains other existing laws.

Veto Message

I am returning Assembly Bill 1754 without my signature. Nothing under current law prohibits the Chancellor of the California Community Colleges to distribute a pre-existing model grade changing policy to each community college district, even without legislative mandate. Therefore, this bill is unnecessary. For this reason, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 1805

Author

Committee on Budget

Topic

Seriously emotionally disturbed children: out-of-home placement.

Summary

Existing law requires payments, issued by county welfare departments, for 24-hour out-of-home care to be provided on behalf of any seriously emotionally disturbed child who has been placed out of home pursuant to an individualized education program (IEP) developed under a specified provision of existing law. Existing law restricts payments for this purpose to children placed in privately operated residential facilities licensed in accordance with the California Community Care Facilities Act. This bill would specify that payments on behalf of children placed in privately operated residential facilities located in California be made to facilities licensed in accordance with the California Community Care Facilities Act and that payments for children placed in residential facilities that are located in a state outside of California be made to facilities that meet the licensing standards of that state, as required under the Interstate Compact on the Placement of Children. The bill would repeal this requirement, with respect to facilities located in a state outside of California, on January 1, 2011. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 1805 without my signature. I strongly support providing care to children with serious emotional disturbances, including the provision of care in whichever facility can best address their needs. While I support the intent and policy behind this bill, I cannot sign it in its current form because it will allow the open-ended reimbursement of claims, including claims submitted and denied prior to 2006-07. Given our state's ongoing fiscal challenges, I cannot support any bill that exposes the state General Fund to such a liability. I would support legislation that clarifies and narrows state reimbursement for these important services to a specified time period and would ask the Legislature to work with my Administration in January to address this important issue. For this reason, I am unable to support this bill. Sincerely, Arnold Schwarzenegger

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AB 1821

Author

Brownley

Topic

Public postsecondary education: reporting requirements.

Summary

Existing law establishes the various segments of the higher education system in the state. These segments include the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which is administered by the Board of Governors of the California Community Colleges, which together comprise the public postsecondary education system. This bill would express the intent of the Legislature to refine higher education reporting requirements to provide for more effective, manageable, and transparent reporting by the higher education segments. The bill would further express the intent of the Legislature that the Budget Act for the 2009-10 fiscal year modify recurring Budget Bill language, as specified. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 1821 without my signature. While the intent to streamline reporting requirements for the higher education segments is a laudable goal, I understand this bill contains a drafting error. Furthermore, as currently drafted, this bill would likely result in significant state reimbursable mandated costs on the Community Colleges. I would be willing to sign a bill in the next session that addresses these concerns and directing my Department of Finance to work with the appropriate Legislative staff to this end. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 1863

Author

Portantino

Topic

Pupil instruction: social science.

Summary

Existing law requires that the adopted course of study for grades 1 to 12, inclusive, include instruction in social science. This bill would encourage schools to include the role and contribution of Italian Americans in the instruction they provide in social science and would encourage the State Board of Education to include the role and contribution of Italian Americans in the curriculum frameworks in the social sciences at the next revision of those frameworks. This bill contains other related provisions.

Veto Message

I am returning Assembly Bill 1863 without my signature. While I respect the author's intent to recognize the role of Italian Americans in California and United State history, I have consistently vetoed legislation that has attempted to include specific details or events into areas of instruction. The State Board of Education adopted content standards are developed by a diverse group of experts and are intentionally broad in order to allow coverage of various events, developments, and issues. I continue to believe that the State should establish rigorous academic standards and frameworks, but refrain from being overly prescriptive in specific school curriculum. For this reason, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 1872

Author

Coto

Topic

Special education: autism spectrum disorders: clearinghouse.

Summary

Existing law requires the Superintendent of Public Instruction, with input from the University of California, the California State University, relevant fiscal and policy committees of the Legislature, the Legislative Blue Ribbon Commission on Autism, the State Department of Developmental Services, and other appropriate entities, to convene an advisory committee to develop specified recommendations that would identify the means by which public and nonpublic schools, including charter schools, may better serve children with autism, including, but not limited to, children with autism spectrum disorders. This bill would establish the California Autism Spectrum Disorder Clearinghouse within the State Department of Education to provide evidence-based resources, research materials, information, and practices regarding the education of pupils with autism spectrum disorders. The department would be required to administer the clearinghouse in coordination with the State Department of Developmental Services. The Superintendent would be required to convene an oversight committee to represent the major stakeholders responsible for the education of pupils with autism spectrum disorders and to perform other related duties. The Superintendent would be authorized to solicit private donations, grants, or other funds for purposes of developing and maintaining the clearinghouse. The bill would not be implemented unless the Department of Finance certifies to the Superintendent that sufficient funds are available for implementation.

Veto Message

I am returning Assembly Bill 1872 without my signature. While I support the goal of making evidence-based information available to assist in educating students with Autism Spectrum Disorders, this bill is premature. It is unclear whether private funding can be secured for this purpose, as required by the bill. Programs that are established in statute without consistent funding can establish the appearance of addressing an issue, but tend to provide marginal benefit in the long run. Given the current fiscal situation, I encourage the author to work with the Department of Developmental Services in determining the best way to meet the objective within existing resources available. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 1885

Author

Nava

Topic

Pupil instruction: intensive instruction and services.

Summary

Existing law requires each pupil completing grade 12 to successfully pass the high school exit examination as a condition of receiving a diploma of graduation or as a condition of graduating from high school. Existing law provides specified funding for eligible pupils, as defined, who are required to pass the high school exit examination to be used for intensive instruction and services to help those pupils pass the California High School Exit Examination. This bill would specify that eligible pupils who are enrolled in the intensive instruction and services shall not be counted as dropouts for purposes of specified data collection requirements. The bill would also require the Superintendent of Public Instruction to determine how those pupils shall be accounted for and reported by school districts for data collection purposes.

Veto Message

I am returning Assembly Bill 1885 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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AB 1928

Author

Anderson

Topic

Elections: vote by mail ballots.

Summary

Existing law requires that a vote by mail ballot contain all supplies necessary for the return of the ballot and that the identification envelope for a vote by mail ballot contain specified information, including warnings to the voter that he or she must personally sign the envelope and that voting twice constitutes a crime. This bill would also require a notice on either the identification envelope or in the ballot materials that informs the voter that the ballot must be actually received by elections officials before the polls close on election day in order to be counted. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 1928 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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AB 1982

Author

Solorio

Topic

California YouthBuild Program: funding and designation.

Summary

Existing law establishes the California YouthBuild Program and authorizes the Director of the Employment Development Department to make grants to eligible applicants, as provided, for specified purposes. Existing law also authorizes the director to contract with qualified nonprofit organizations to provide technical assistance to YouthBuild programs. Existing law allows the department to accept proposals for funding from applicants who establish their eligibility, as provided, by submitting proof that they have been funded or designated as a federal YouthBuild Program by the Department of Housing and Urban Development, and restricts the use of the term "YouthBuild" to programs funded pursuant to the California YouthBuild Program. This bill, in conformity with the federal YouthBuild Transition Act of 2005 that transferred the administration of the YouthBuild Program from the Department of Housing and Urban Development to the Department of Labor, would revise those provisions that make reference to the Department of Housing and Urban Development to refer instead to the Department of Labor.

Veto Message

I am returning Assembly Bill 1982 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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AB 1997

Author

Hayashi

Topic

Public employee health benefits: vision care: local, school, and university members.

Summary

Existing law establishes the Vision Care Program for State Annuitants that is administered by the Department of Personnel Administration and creates the Vision Care Program for State Annuitants Fund in the State Treasury, which is continuously appropriated, for expenditure solely for the provision of vision care benefits to state annuitants. This bill would establish a similar vision care program for specified local members, school members, and university members, and their dependents to be known as the Retired Public Employees Vision Care Program. The bill would require the Board of Administration of the Public Employees' Retirement System, on or before January 1, 2010, to administer the program, and would create the Retired Public Employees Vision Care Program Fund, which would be continuously appropriated for those purposes. The bill would also require the board to terminate the program upon a specified circumstance.

Veto Message

I am returning Assembly Bill 1997 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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AB 2034

Author

Nunez

Topic

Curriculum and instructional materials: Native Americans.

Summary

Existing law requires that, when adopting instructional materials for use in the schools, governing boards shall include only instructional materials that, in their determination, accurately portray the cultural and racial diversity of our society, including the role and contributions of Native Americans to the total development of California and the United States. Existing law also requires that instruction in social sciences include the early history of California and a study of the role and contributions of American Indians to the economic, political, and social development of California and the United States of America, with particular emphasis on portraying the role of these groups in contemporary society. This bill would encourage the State Board of Education and the Curriculum Development and Supplemental Materials Commission to ensure that the history-social science framework, evaluation criteria, and instructional materials include information about American Indians. The bill would encourage instruction about American Indians, emphasizing California Native Americans, including their tribal and sovereign governments and their relationship with the California state government. The bill would require the state board, within one year following the conclusion of the first adoption cycle for history-social science instructional materials that occurs on or after January 1, 2009, to report to the Legislature and the Governor regarding the progress of achieving the goals set forth by the bill.

Veto Message

I am returning Assembly Bill 2034 without my signature. While I respect the author's intent to recognize the role of Native Americans and their tribal and sovereign governments' relationship with the state, I have consistently vetoed legislation that has attempted to include specific details or events into areas of instruction. The State Board of Education adopted content standards are developed by a diverse group of experts and are intentionally broad in order to allow coverage of various events, developments, and issues. I continue to believe that the State should establish rigorous academic standards and frameworks, but refrain from being overly prescriptive in specific school curriculum. For this reason, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 2064

Author

Arambula

Topic

Instructional materials: Vietnam War.

Summary

Under existing law the Legislature encourages instruction in the area of social sciences that may include instruction on the Vietnam War including the "Secret War" in Laos and the role of Southeast Asians in that war. When adopting instructional materials for use in the schools, governing boards are required to include only instructional materials that, in their determination, accurately portray the cultural and racial diversity of our society, including the role and contributions of Asian Americans, to the total development of California and the United States. This bill would require the State Board of Education and the Curriculum Development and Supplemental Materials Commission to ensure that the history-social science framework adopted, as specified, includes the Vietnam War, including the "Secret War" in Laos, the role of Southeast Asians in that war, and the refugee/immigrant/new American experience.

Veto Message

I am returning Assembly Bill 2064 without my signature. While I respect the author's intent to recognize the role that Southeast Asians played in the Vietnam War, I have consistently vetoed legislation that has attempted to mandate specific details or events into areas of instruction. The State Board of Education adopted content standards are developed by a diverse group of experts and are intentionally broad in order to allow coverage of various events, developments, and issues. I continue to believe that the State should establish rigorous academic standards and frameworks, but refrain from being overly prescriptive in specific school curriculum. For this reason, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 2078

Author

Fuentes

Topic

Work-based learning.

Summary

Existing law authorizes school districts that maintain high schools to establish work experience programs for the purpose of providing pupils with instruction in skills, attitudes, and understandings necessary for success in employment. Existing law provides for school districts that establish work experience programs to receive apportionments based on the average daily attendance in those programs, and provides procedures for the calculation of the amount of those apportionments. This bill would state the findings of the Legislature regarding work-based learning. This bill would authorize school districts that maintain high schools to establish work-based learning programs, and to purchase liability insurance for pupils enrolled in programs of study involving work experience, which may include work-based learning, off school grounds. The bill would define work-based learning to mean an educational approach or instructional methodology that uses the workplace or real work to provide pupils with the knowledge and skills that will help them connect school experiences to real-life work activities and future career opportunities. The bill would authorize partnership academies, regional occupational programs, and other educational programs to deliver work-based learning opportunities for pupils that may include work experience education, community classrooms, cooperative career technical education programs, and job shadowing experience, as specified. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 2078 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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AB 2115

Author

Mullin

Topic

Charter schools: governing boards.

Summary

Existing law prohibits certain public officials, including, but not limited to, members of governing boards of school districts and citizens' oversight committees, from engaging in specified activities that are inconsistent, incompatible, or inimical to their duties as public officials, including, but not limited to, entering into a contract in which the official or the official's family member has a financial interest, as specified. This bill would require a charter school to adopt and comply with a conflict-of-interest policy that includes, but is not necessarily limited to, adherence to specified requirements set forth in existing law. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 2115 without my signature. Not only would this bill create state mandated costs for charter schools to comply with its provisions, the measure runs counter to the intent of charter schools, which were created to be free from many of the laws governing school districts. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 2123

Author

Lieu

Topic

California Financial Literacy Initiative.

Summary

The California Constitution requires the Legislature to encourage the promotion of intellectual improvement. Existing law regulates financial institutions and their interactions with the public. Existing law recognizes the existence of specialized financial institutions that provide services, including, but not limited to, financial literacy training, to underserved communities. This bill would establish the California Financial Literacy Initiative for the purpose of providing resources and instruction to Californians. The initiative would be administered by the Controller who would be authorized to provide, among other things, an online library and reference to financial literacy resources. The Controller would be authorized to convene a Financial Literacy Advisory Committee that may include representatives of the office of the Superintendent of Public Instruction, the office of the Treasurer, the California State Library, the Department of Corporations, the Department of Financial Institutions, the Department of Consumer Affairs, the Department of Finance, a representative from the financial services industry, a representative from the nonprofit sector associated with consumer advocacy, and others invited by the Controller. The bill would require the Controller, as resources are available, to establish and oversee the California Financial Services Corps, which would provide certain financial information to persons seeking personalized attention from individuals with financial literacy training. The bill would establish the California Financial Literacy Fund in the State Treasury and would authorize the Controller to deposit private donations into the fund from entities with no direct financial interest in any financial products. The bill would require those moneys to be made available upon appropriation in the annual Budget Act and to be used for the services specified in the initiative. This bill contains other related provisions.

Veto Message

I am returning Assembly Bill 2123 without my signature. While financial literacy is not a cure-all for personal economic troubles, expanding educational outreach efforts to improve financial literacy can be helpful for consumers who could be better equipped to make positive financial choices. However, this bill merely duplicates existing services and resources. Many financial institutions and service providers already provide an abundance of information on financial literacy, much of which is available online and otherwise. Furthermore, it would better for the objective of this bill to be achieved administratively. I prefer to have the appropriate state agencies work collaboratively together and with private sector entities to meet the objective, within their existing resources. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 2135

Author

Mendoza

Topic

Instructional materials.

Summary

Existing law requires the State Board of Education to adopt regulations concerning the development of curriculum frameworks and the adoption of instructional materials. This bill would state the intent of the Legislature to provide school districts with quality instructional materials written and taught in the English language to accelerate English language acquisition for English learners while upholding and teaching California's English language arts content standards. The bill would require the state board to revise the reading/language arts framework to include, as a core program, the English Language Development Literacy Program, a basic comprehensive English language literacy program for English learners, that would be aligned to both the reading/language arts and content standards and the English language development standards adopted by the state board. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 2135 without my signature. I vetoed similar legislation in 2006 and am concerned that this bill circumvents the decision by the State Board of Education on this issue. The State Board thoroughly vetted the issue in its deliberations and this measure contradicts that decision. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 2138

Author

Adams

Topic

High school graduation: requirements.

Summary

Existing law prescribes the course of study a pupil is required to complete while in grades 9 to 12, inclusive, to receive a diploma of graduation, including additional coursework the governing board of a school district is authorized to specify by rule. This bill would require a school district to exempt a pupil in foster care who transfers to the district in grade 11 or 12 and who otherwise would not be able to graduate from high school by his or her 19th birthday from the additional coursework requirements the governing board has adopted. The bill would require a school district to notify a pupil in foster care who is granted an exemption, if any of the requirements that are waived will affect the pupil's ability to gain admission to a postsecondary educational institution, and provide information about transfer opportunities available through the California Community Colleges. The bill would deem that notification requirement is satisfied for each pupil who receives counseling services pursuant to the Middle and High School Supplemental Counseling Program after transferring into the school district. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 2138 without my signature. This bill attempts to create a statewide policy of exempting certain foster care students from district-specific graduation requirements. In doing so, this bill would usurp the authority of local school boards to determine the conditions under which students should be granted diplomas. Beyond the current minimum statewide requirements, local school boards have the ability to waive their own local graduation requirements based on the merit of each student's case. This bill would undermine their ability to judge each individual student's particular circumstances. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 2167

Author

De Leon

Topic

Public school employees: personnel records.

Summary

Existing law requires that employees of local educational agencies, which include school districts, county offices of education, and community college districts, have the right to inspect personnel records pursuant to a specified provision of the Labor Code. Existing law prohibits information of a derogatory nature from being entered into the personnel records of an employee of a local educational agency unless and until the employee is given notice and an opportunity to review and comment on that information, as prescribed. This bill would prohibit a statement or document that is false or unsubstantiated, as defined, from being placed in the personnel records of a classified employee of a local educational agency. The bill would provide that a classified employee of a local educational agency has the right to challenge, and have removed, a statement or document that is false or unsubstantiated. The bill would require that the process for a classified employee to challenge and have removed under the bill a statement that is false or unsubstantiated be governed by the grievance procedure of the agency as established by a collective bargaining agreement or, if such an agreement is not in effect, by the grievance procedure or policy of the agency. The bill would require information contained in an evaluation of a classified employee that is false or unsubstantiated to be struck from the evaluation before it becomes part of the personnel record of the employee. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 2167 without my signature. Current law already provides adequate protection for school employees to review the contents and provide rebuttal to documents in their personnel file. Enacting this bill could result in hindering the reasonable process of school management personnel to fairly evaluate and discipline employees. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 2173

Author

Caballero

Topic

Public schools facility financing.

Summary

Existing law authorizes the governing board of a school district to levy a fee, charge, dedication, or other requirement against any construction within the boundaries of the school district for the purpose of funding the construction or reconstruction of school facilities. A governing board of a school district may increase the levy, as prescribed, if state funds for new school facility construction are not available, as defined. As part of the specified process for levying a fee, charge, dedication, or other requirement against any construction within the boundaries of the school district, the governing board of a school district is required to adopt, by resolution, a school facilities analysis at a public hearing. This bill would revise the process by which a governing board calculates the maximum fee, charge, dedication, or other requirement against school facility construction that may be collected. Any member of the public would be able to request in writing a meeting with the governing board of a school district for purposes of discussing and understanding the school facility needs analysis, and the governing board would be required to hold a meeting as requested at least 5 days prior to the public hearing to adopt the school facilities needs analysis. By imposing new duties on local officials, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 2173 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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AB 2213

Author

Houston

Topic

Pupils: work permits.

Summary

Existing law authorizes the superintendent of a school district in which a minor resides, the chief executive officer of a charter school, or specified school employees authorized by the superintendent or chief executive officer in writing, to issue a work permit to a pupil upon receipt of a written request from a parent, guardian, foster parent, or other specified person. A superintendent of a school district also is authorized to designate the principal or another person having charge of a private school to issue work permits. Existing law imposes limits on the number of hours per schoolday and per week that a pupil with a work permit may work. This bill, in addition, would authorize the principal of a public or private school, subject to specified requirements and conditions, to issue, or designate another administrator in the school to issue, work permits to pupils who attend the school. The bill, notwithstanding the hour limitations imposed by existing law, would require that the hour limitations that apply to a work permit issued by any of the officials or employees authorized to issue work permits be based on the school calendar of the school the pupil attends. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 2213 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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AB 2214

Author

Nakanishi

Topic

Pupils: notices sent to parents.

Summary

Existing law requires that, when 15 percent or more of the pupils enrolled in a public school speak a single primary language other than English, all notices, reports, statements, or records sent to the parent or guardian of those pupils by the school or school district be written in the primary language, in addition to English, and provides that they may be responded to either in English or the primary language. This bill would provide that if a parent or guardian requests that the notices, reports, statements, or records be sent to him or her in English only, the school or school district is not required to comply with that request. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 2214 without my signature. This bill authorizes a parent to make a request to a school or school district, but then also includes a provision that would allow a school or school district to disregard that parent's request. I do not support a measure that changes the law to ostensibly provide more parental rights, but results in no tangible effect. For this reason, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 2243

Author

Carter

Topic

School district reorganization.

Summary

Existing law prescribes the procedure to reorganize school districts, including the filing of a petition with the county superintendent of schools by specified persons. Existing law authorizes a county committee on school district reorganization to authorize petitions to transfer territory, other than petitions to transfer uninhabited territory from one district to another, or to transfer inhabited territory of less than 10 percent of the assessed valuation of the district from which the territory is being transferred, if it finds that certain specified conditions substantially are met. Existing law requires the committee, if it approves such a petition, to notify the county superintendent of schools, who in turn is required to call an election in the territory of the districts, as determined by the county committee, to be conducted at the next election of any kind in accordance with specified statutory provisions regarding elections. This bill would authorize a county committee to approve a petition to form one or more school districts if specified conditions are met, including the granting of approval authority by each county superintendent of schools with jurisdiction over an affected school district that elects to grant approval authority to the county committee on school district reorganization for which he or she is secretary, the governing board of each of the affected school districts consents to the petition, and the secretary of the county committee designated as the lead agency for purposes of the California Environmental Quality Act (CEQA), as specified, enters into an agreement on behalf of the county committee for any or all affected school districts to share among those districts the costs of complying with CEQA requirements and serving as the lead agency. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 2243 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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AB 2252

Author

DeSaulnier

Topic

Youth policy.

Summary

Existing law establishes the Governor's Mentoring Partnership, which includes specified legislative findings and declarations. These provisions state that it is the goal of the Legislature to give every young person in California access to a quality mentoring relationship. This bill would establish in state government the California Commission on Youth to examine and discuss policy and fiscal issues affecting the interests, needs, and conditions of the youth of California, and to formally advise and make recommendations to the Legislature and the Governor on specific issues affecting youth. The commission would be comprised of 20 youth members and 5 nonvoting adult members, to be appointed as specified. The bill would establish criteria for appointment as a youth member of the commission, including that the person is 14 to 18 years of age, inclusive, and would require the commission to recommend an application process to facilitate commission appointments. The bill would require the commission, commencing February 1, 2010, to provide an annual report summarizing the activities and findings of the commission to the Legislature, the Governor, and the Superintendent of Public Instruction. The bill also would require the commission to report to the Legislature concerning expansion of its membership to include additional youth members, as specified. Among other things, the bill would require the commission to act as an information center on California youth policy and fiscal issues, as specified, and would authorize the commission to contact the Legislature, the Governor, the Superintendent of Public Instruction, and other state agencies, departments, and officials, and to state the positions and viewpoints of the commission. The bill would provide that the commission shall not convene until funds are available to carry out its duties. The bill would create in the State Treasury the Commission on Youth Account to carry out these duties, as specified.

Veto Message

I am returning Assembly Bill 2252 without my signature. I agree that youth offer a unique and thoughtful perspective on issues that affect California. However, this bill is duplicative of efforts currently underway by the Child Welfare Council established under the Child Welfare Leadership and Performance Accountability Act of 2006 and the State Youth Council. Furthermore, the Administration and the Legislature already have the authority to create councils to advise them, rendering this bill unnecessary. For these reasons, I am unable to support this bill. Sincerely, Arnold Schwarzenegger

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AB 2299

Author

Silva

Topic

Maintenance of the codes.

Summary

Existing law establishes the California Law Revision Commission. Existing law authorizes the commission to recommend changes in the law as it deems necessary to modify or eliminate antiquated and inequitable rules of law and bring the law into harmony with modern conditions. Existing law requires the commission to file a report at each regular session of the Legislature containing a calendar of topics selected by the commission for study, which is subject to approval by concurrent resolution of the Legislature. Existing law authorizes the commission to recommend revisions to correct technical or minor defects in the statutes without the prior concurrent resolution of the Legislature referring the matter to it for study. This bill would make changes to the terms used to describe recording technology to effectuate the recommendations of the commission. The bill would make additional technical, nonsubstantive changes.

Veto Message

I am returning Assembly Bill 2299 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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AB 2305

Author

Karnette

Topic

Charter schools: statewide assessments.

Summary

The Charter Schools Act of 1992 requires charter schools to meet all statewide standards and conduct pupil assessments pursuant to the Leroy Greene California Assessment of Academic Achievement Act, the high school exit examination, and any other statewide standards authorized in statute or pupil assessments applicable to pupils in noncharter public schools. This bill instead would require a charter school or group of charter schools that directly administers those pupil assessments to submit a notice of direct administration to the Superintendent of Public Instruction. A chartering authority would be authorized to administer those assessments in a charter school under its authority pursuant to a written agreement between the chartering authority and the charter school. A charter school would be authorized to terminate a notice of direct administration, or its participation in a notice of direct administration, by submitting a notice of termination to the Superintendent and the superintendent of the school's chartering authority. A notice of termination would not take effect until the charter school has entered into an agreement with its chartering authority. The State Department of Education would be authorized to post and maintain on its Internet Web site a list of charter schools that administer those assessments in lieu of their chartering authorities. A chartering authority, charter school, or group of charter schools would be entitled to receive all state allocations provided for the administration of the assessments that it administers. The bill would declare the intent of the Legislature that its implementation be cost neutral.

Veto Message

I am returning Assembly Bill 2305 without my signature. This bill is another attempt to curtail the work of charter schools in serving California students and families. It creates another unnecessary, prescriptive, and bureaucratic process for determining whether a charter school or the chartering authority will be administering the statewide pupil assessments. While charter schools generally operate independently from the existing school district structure, current law specifically requires charter schools to have these assessments administered. This bill serves only to impose additional administrative requirements on charter schools. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 2308

Author

Karnette

Topic

Public employment: disabled persons.

Summary

Existing law directs the State Personnel Board to enforce the civil service statutes, and, by majority vote of all its members, prescribe probationary periods and classifications, adopt other rules authorized by statute, and review disciplinary actions. Under existing law, eligible lists shall be established as a result of free competitive examinations open to persons who lawfully may be appointed to any position within the class for which these examinations are held and who meet the minimum qualifications requisite to the performance of the duties of that position as prescribed by the specifications for the class or by board rule. This bill would direct the State Personnel Board, as the board deems appropriate, to waive the requirement for a high school diploma as a reasonable accommodation for a candidate who qualifies as an eligible person with a disability, as defined, and who is otherwise qualified for the position. This bill contains other existing laws.

Veto Message

To the Members of the California State Assembly: I am returning Assembly Bill 2308 without my signature. This bill is unnecessary, as current law already requires that, where a job applicant lacks a diploma but believes that he or she can perform the essential duties of a position, he or she may ask for a waiver of the diploma requirement as a reasonable accommodation of his or her disability. California promotes employment of persons with disabilities and in April 2008, my Administration established an open state-wide classification for individuals with disabilities. The classification does not require a high school diploma. The state Department of Developmental Services is offering all state departments the use of this list to facilitate the employment of persons with developmental and other intellectual disabilities. I strongly support efforts to offer employment to this population and believe we can continue to demonstrate progress in this area. Departments are best suited to engage in the first-line of review of possible accommodation requests by applicants. The State Personnel Board, in turn, is designed to serve as an appellate body. This bill would put the Board in the inappropriate role of making both the initial determination and appellate review of the matter. For these reasons, I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

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AB 2315

Author

Mullin

Topic

Instructional materials.

Summary

Existing law requires the State Board of Education to adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive. This bill would require the state board to hold a publicly noticed informational meeting prior to the meeting at which it is scheduled to adopt instructional materials. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 2315 without my signature. The State Board of Education (SBE) recently addressed the issue of greater transparency and clear timelines and procedures in the instructional materials adoption process. Those SBE regulations were intended to set forth the process by which the SBE adopts curriculum frameworks, evaluation criteria, and instructional materials. Moreover, I see no need to change the process or the people involved in this important work. The SBE should maintain the authority of selection and appointment of instructional materials reviewers and content review experts. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 2346

Author

Swanson

Topic

Child care: state employees.

Summary

Existing law requires space for state employee child care facilities to be provided when the state constructs, renovates, or acquires buildings that can accommodate 700 or more state employees. The Department of General Services and the Child Development Programs Advisory Committee are required to conduct a review of employees slated to occupy the new or renovated building to determine if there is sufficient need for child care services. The use of the child care facility is subject to specified terms and conditions, including the payment of rent, as determined by the department. This bill would provide that rental terms of any child care facility would authorize the Director of General Services to offer, as specified, a full rent subsidy or charge nothing for the use of the child care facility. The Director of General Services would be required to grant a full rent subsidy only to a child care facility that has received a rent deferral for 2 or more years, upon the request of the employee-occupants of the building.

Veto Message

I am returning Assembly Bill 2346 without my signature. Current law allows a child care facility in a State building to receive a rent discount if the facility shows a specific need for the discount. The Department of General Services (DGS) already has substantially discounted the rent for each child care facility located in State buildings to help ensure the viability of each facility. Requiring the State to provide free rent to only specific child care facilities, as this bill proposes, sets an inappropriate precedent to provide a permanent rent exemption, without the discretion of DGS. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 2369

Author

Fuentes

Topic

Apprenticeship programs: prevailing wage enforcement.

Summary

Under existing law, the Director of Industrial Relations is the Administrator of Apprenticeship and is authorized to appoint assistants necessary to effectuate the purposes of state law governing apprenticeships. This bill would provide that an awarding body of a city with a population of over 3,000,000 which implements an approved labor compliance program may, upon mutual agreement of the Chief of the Division of Apprenticeship Standards and the awarding body, assist the director in the enforcement of prevailing rate wage laws and other requirements that apply to apprenticeships in public works projects through the operation of that approved labor compliance program. This bill would allow a contractor to appeal the result of a labor compliance program enforcement action related to apprenticeships in public works projects through specified procedures. This bill would provide that, if the involvement of the Chief of the Division of Apprenticeship Standards in a labor compliance program enforcement action is limited to a review of any assessment and the matter is resolved without litigation, the awarding body that has implemented the labor compliance program shall enforce any applicable penalties and shall deposit any penalties and forfeitures collected in its general fund. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 2369 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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AB 2396

Author

Carter

Topic

Pupil attendance: civic engagement activities.

Summary

Existing law authorizes a pupil to be excused from school for specified reasons, including for the purpose of serving as a member of a precinct board for an election. A pupil who is absent from school for these reasons is required to be permitted to complete all assignments and tests missed during the absence that can be reasonably provided. This bill would include civic engagement activities offered by a nonprofit organization or a governmental entity among the types of absences that are excused.

Veto Message

I am returning Assembly Bill 2396 without my signature. While I recognize that there are many civic and other educational opportunities outside of the classroom, nothing under current law prohibits parents from working with a school to allow their child to participate in civic opportunities if they choose to do so, even without this measure. For this reason, I am unable to sign this measure. Sincerely, Arnold Schwarzenegger

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AB 2438

Author

Price

Topic

Schools: accountability.

Summary

The Public Schools Accountability Act of 1999 requires the Superintendent of Public Instruction, with approval of the State Board of Education, to develop the Academic Performance Index (API), consisting of a variety of indicators, to be used to measure performance of schools. Existing law requires the Superintendent to develop, and the state board to adopt, expected annual percentage growth targets for all schools based on their API baseline score and prescribes a minimum percentage growth target of 5 percent annually. This bill would require the determination regarding meeting growth targets for purposes of the IIUSP to be averaged over the first 2 full years of funding. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 2438 without my signature. I vetoed a substantively similar bill last year. I continue to believe that the provisions in this bill could undermine the goal of achieving student academic improvement. For this reason, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 2467

Author

Brownley

Topic

State preschool: information.

Summary

The Child Care and Development Services Act establishes various full- and part-time programs for a comprehensive, coordinated, and cost-effective system of developmental services for children to 13 years of age and their parents. Existing law requires certain information to be provided to a child's parent or guardian when a child is transferred from a state-funded preschool or infant and toddler program to a public school, and that information may, with the permission of the parent or guardian, be transferred to the pupil' s elementary school. This bill would permit certain other information, including, but not limited to, information that the Superintendent of Public Instruction deems appropriate and helpful, to be included on the information transfer form. The bill would authorize the parent or guardian of a pupil to provide additional specified information if information is transferred to the elementary school pursuant to these provisions.

Veto Message

I am returning Assembly Bill 2467 without my signature. While I believe that it is beneficial to transfer information from preschool and infant and toddler programs to elementary schools, this bill is unnecessary. Nothing under current law prohibits the transfer of specified information that is deemed beneficial to the pupil and the public school teacher. Furthermore, nothing in current law prohibits a parent or guardian from providing information that would support their child's learning environment or abilities. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 2468

Author

Brownley

Topic

Instructional materials: policies.

Summary

Existing law requires the State Board of Education to adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive. The state board is required to adopt as regulations specified policies and procedures concerning the development of curriculum frameworks and the adoption of instructional materials. These policies and procedures include, but are not limited to, policies that define statutory terms, prescribe the membership of committees used in the development and adoption process, and regulate public participation in the development of curriculum frameworks and the adoption of instructional materials. This bill would add to the procedures that the state board is required to adopt as regulations procedures to ensure that price is not considered by the Curriculum Development and Supplemental Materials Commission, but is considered by the state board and procedures to ensure that school districts, charter schools, and county superintendents of schools can purchase unbundled instructional materials and program components.

Veto Message

I am returning Assembly Bill 2468 without my signature. I have vetoed similar legislation dealing with the cost of instructional materials in prior years. Current law already provides safeguards against California paying higher prices for instructional materials than any other state or school district in the entire country. Moreover, I continue to believe that California should always focus on providing the highest quality of educational materials for our students. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 2471

Author

Karnette

Topic

Digital Arts Studio Partnership and Workforce Program Act.

Summary

Existing law generally provides for various youth development programs in the state. This bill, until January 1, 2013, would establish the Digital Arts Studio Partnership and Workforce Program (DASP) to train youth in digital technology skills. It would require the program to be administered by the Governor's office according to specified criteria and subject to the availability of private funding for that purpose. It would require the office, as the host agency for the program, to contract with a nonprofit corporation meeting prescribed criteria to implement the program. The bill would require the Governor's office to establish an interagency agreement among various entities, and would require representatives from those entities to meet at least twice annually and to perform various duties with regard to the program. The bill would require the Governor's office to report to the Legislature annually on the program beginning March 1, 2010. The bill would also create the Digital Arts Studio Partnership Program Fund within the State Treasury to receive private moneys for purposes of the program.

Veto Message

I am returning Assembly Bill 2471 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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AB 2550

Author

Furutani

Topic

Public contracts: community college districts: purchases.

Summary

Existing law requires the governing board of a community college district, in accordance with certain requirements, to let any contract involving an expenditure of more than $50,000 for purchases of equipment, materials, supplies, repairs, and services, other than construction services, to the lowest responsible bidder or to reject all bids. This bill would require a district to ensure that all businesses have a fair and equitable opportunity to compete for, and participate in, district contracts awarded pursuant to its provisions and would prohibit discrimination in the award and performance of those contracts. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 2550 without my signature. I support the notion that best value contracting is a reasonable alternative for construction projects which allows projects to be awarded based on a combination of best price and qualifications because construction projects represent a large, long term investment of resources. However, I am concerned that this legislation may allow subjective methods to govern the bidding process for procurement of supplies and materials with a relatively short life cycle, which could be more open to manipulation and abuse in the bid selection process. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 2567

Author

Leno

Topic

Harvey Milk Day: official designation.

Summary

Existing law requires the Governor to proclaim certain days each year for specified reasons. Existing law also designates particular days each year as having special significance in public schools and educational institutions and encourages those entities to conduct suitable commemorative exercises on those dates. This bill would require the Governor to proclaim May 22 of each year as Harvey Milk Day, and would designate that date as having special significance in public schools and educational institutions and would encourage those entities to conduct suitable commemorative exercises on that date. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 2567 without my signature. I respect the author's intent to designate May 22nd as "Harvey Milk Day" and a day of special significance for California public schools and educational institutions to honor Harvey Milk as an important community leader and public official in the city and county of San Francisco. However, I believe his contributions should continue to be recognized at the local level by those who were most impacted by his contributions. For this reason, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 2576

Author

Furutani

Topic

Employee bargaining units: salary deductions.

Summary

Existing law requires the governing board of a school district with a pupil population exceeding 400,000 that collects or deducts dues, agency fees, fair share fees, or any other fee or amount of money from a classified employee's salary for the purpose of transmitting the money to an employee organization, to transmit the money to the employee organization within 15 working days of issuing the paycheck containing the deduction to the employee. This bill also would require the governing board of a school district with a pupil population exceeding 400,000 to transmit all data related to those funds to the employee organization.

Veto Message

I am returning Assembly Bill 2576 without my signature. This bill is unnecessary since nothing under current law prohibits employee organizations from working with the district in obtaining the specified information now. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 2584

Author

Mendoza

Topic

Elections.

Summary

Existing law requires that a declaration setting forth specified circulation information be attached to a petition or paper submitted to an elections official. This bill would exempt a voter from attaching that declaration to a written request for the removal of his or her signature from an initiative, referendum, or recall petition. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 2584 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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AB 2630

Author

Salas

Topic

Pupil records: privacy rights.

Summary

Existing law prohibits a school district from permitting access to pupil records to any person without written parental consent or judicial order, except as provided. This bill would make various changes to those access to pupil record provisions to conform them to federal law.

Veto Message

I am returning Assembly Bill 2630 without my signature. While the stated intent of this bill is purported to conform state special education law to changes to the federal Individuals with Disabilities Education Act, its provisions appear to expand beyond federal requirement, and therefore could expose the State to significant reimbursable state mandate costs. For this reason, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 2704

Author

Leno

Topic

Pupil nutrition: availability of tap water.

Summary

Existing law prohibits the governing board of a school district from entering into a contract that grants exclusive advertising rights, or grants the right to the exclusive sale of carbonated beverages, throughout the district to a person, business, or corporation unless the governing board of the school district has adopted a policy after a public hearing to ensure that the district has internal controls in place regarding the expenditure of public funds. This bill would express findings and declarations of the Legislature relating to childhood obesity and the significance of the availability of free tap water at schools in addressing childhood obesity. The bill, notwithstanding the provisions described above, would prohibit the governing board of a school district from entering into, or renewing, a contract that restricts the availability of free tap water on the school campus. The bill would authorize a school district to provide free tap water in school food service areas, as defined in federal regulations, including, but not necessarily limited to, areas where reimbursable meals under the National School Lunch Program or the federal School Breakfast Program are served or consumed. This bill contains other existing laws.

Veto Message

I am returning Assembly Bill 2704 without my signature. This bill authorizes schools to provide free tap water for students in the food service area during the school day. Nothing under current law prohibits a school from providing free tap water to its students. This bill also prohibits a district from entering into contracts that prohibit the availability of free tap water. This bill essentially seeks to regulate a perceived lack of common sense amongst California's school administrators, implying that they are not acting in the best interest of our students, by denying kids access to free tap water. I do not believe this particular bill is necessary. Instead of signing this bill, I would much rather work with the Legislature on finding more positive and constructive ways to promote the accessibility and consumption of clean water in our schools. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 2757

Author

DeSaulnier

Topic

Coding system for educational institutions.

Summary

Existing law requires the State Department of Education to contract for the development of proposals that will provide for the retention and analysis of longitudinal pupil achievement data on specified tests, to be known as the California Longitudinal Pupil Achievement Data System. This bill would require the Superintendent of Public Instruction to adopt regulations necessary to maintain the state's county-district-school codes system for educational institutions that enroll pupils in any of kindergarten or grades 1 to 12, inclusive, for the purpose of identifying and tracking educational institutions for enrollment, state and federal reporting requirements, accountability, and fiscal purposes.

Veto Message

I am returning Assembly Bill 2757 without my signature. As drafted, this bill is overly broad and would usurp the State Board of Education's (SBE) authority to approve the proposed regulations. Without SBE oversight and approval, I am concerned that this bill would allow additional data elements and reporting requirements on both public and private schools not currently required by the education code, and thus create local mandates. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 2843

Author

Karnette

Topic

After school programs.

Summary

Existing law, the After School Education and Safety Program (act), an initiative measure adopted by the people at the November 5, 2002, general election, creates incentives to establish after school enrichment programs that partner schools and communities to provide academic and literacy support and safe constructive alternatives for pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The act requires that each component of a program established pursuant to the act include an educational enrichment element that may include, but need not be limited to, fine arts, career technical education, recreation, physical fitness, and prevention activities. This bill would authorize a program to include visual and performing arts, instead of fine arts. The bill also would include foreign languages in the above-referenced educational enrichment component. This bill contains other related provisions.

Veto Message

I am returning Assembly Bill 2843 without my signature. As one of the strongest proponents of After School Programs in California and being familiar with many across the state, I have never seen any of the programs denying the opportunity to provide foreign language activities in their educational enrichment component, particularly since they do not need any additional authority to do so. Therefore, providing a statutory authorization for that option is unnecessary. For this reason, I am unable to sign this measure. Sincerely, Arnold Schwarzenegger

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AB 2844

Author

Laird

Topic

Public social services: CalWORKs and the Food Stamp Program: redetermination and recertification.

Summary

Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Under existing law, the county is required to annually redetermine eligibility for CalWORKs benefits. Existing law additionally requires the county to implement a recipient monthly reporting system, consistent with federal law until the Director of Social Services makes a specified declaration, at which time the county would be required to redetermine recipient eligibility and grant amounts on a quarterly basis, using prospective budgeting, and to prospectively determine the grant amount that a recipient is entitled to receive for each month of the quarterly reporting period. Under existing law, a CalWORKs recipient is required to report to the county, orally or in writing, specified changes that could affect the amount of aid to which the recipient is entitled. Existing law requires the quarterly redetermination report form to be signed by the recipient under penalty of perjury. Under existing law, the CalWORKs quarterly reporting system is also implemented by the State Department of Social Services in administering the federal Food Stamp Program. This bill would repeal the requirements relating to quarterly redetermination and prospective determination grant amounts, and would, instead, impose similar requirements for a semiannual redetermination, operative July 1, 2010, to be implemented no later than January 1, 2011. The bill would also require the department to establish an income reporting threshold for CalWORKs recipients, as specified. The bill would make various related conforming changes, including revising provisions relating to the collection of CalWORKs grant overpayments. The bill would authorize counties to adopt staggered semiannual reporting requirements, as specified. This bill would require the redetermination report form to be signed under penalty of perjury, thus creating a new crime and imposing a state-mandated local program. The bill would authorize the department to implement the semiannual reporting provisions through all-county letters until the adoption of implementing regulations, as prescribed. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 2844 without my signature. This bill would require significant state General Fund expenditures when our state's fiscal situation remains uncertain. Due to the immediate cost of implementing the provisions of this bill and our budget crisis, I am unable to support this bill. Sincerely, Arnold Schwarzenegger

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AB 2959

Author

Brownley

Topic

Elections: voter-requested recounts.

Summary

Existing law authorizes a voter to request a recount of the votes cast for a candidate for an office, for a slate of presidential electors, or for or against a measure. Existing law requires a voter who requests a recount to deposit with the elections official, before the commencement of the recount and at the beginning of each day following, a sum to cover recount costs as required by the elections official. Under existing law, a voter who requested a recount is entitled to a refund of the moneys that he or she deposited if the recount results in a plurality of votes cast being counted in favor of the candidate, slate, or position on a measure for which the request was filed, or if the recount results in a runoff or general election. If the recount does not result in the candidate, slate, or position on a measure for which the request was filed receiving a plurality of votes cast or the recount does not result in a runoff or general election, the voter is entitled to receive moneys deposited in excess of the cost of the recount. This bill would provide that recount costs include the costs associated with conducting the recount but would not include costs that would have been incurred in the absence of the recount. The bill would require the elections official to provide an itemized estimate of costs for the recount to the voter requesting the recount, and a member of the public upon requesting the estimate, not later than one day prior to the commencement of the recount and at the beginning of each day following commencement of the recount. This bill would require the voter requesting the recount to deposit with the elections official a sum not exceeding the amount reflected in the most current itemized estimate of costs for the recount. This bill would also require the elections official to identify any necessary adjustment in the itemized estimate of costs in the immediate subsequent itemized estimate of costs after the discovery was made. Upon completion of the recount, this bill would require that the elections official prepare an itemized account of the actual costs for the recount, which would be available to the public upon request. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 2959 without my signature. Existing law allows any voter to request a recount of an election, but protects against abuse by requiring the requesting party to pay a refundable deposit to cover the cost of the recount. This bill would require an elections official to provide the requesting party a daily, itemized estimate of the costs of the recount. This bill imposes an unnecessary mandate on elections officials. Recounts are requested in a scant few elections and the proponents have failed to demonstrate any abuse on the part of elections officials estimating recount costs. Further, the bill potentially imposes a reimbursable state mandate of unknown costs. For these reasons, I am returning the bill without my signature. Sincerely, Arnold Schwarzenegger

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AB 2994

Author

Lieber

Topic

Pupil records: release of information.

Summary

Existing law allows the governing board of a school district to require the parent or guardian of a pupil to provide current emergency information, as specified, to the pupil's school of attendance. Existing law states the intent of the Legislature that a school district, in adopting a policy governing the release of pupil directory information, as specified, not purposefully exclude any military service representative from access to that information. Existing law further states the intent of the Legislature, in the interest of pupil confidentiality, that school districts minimize the release of pupil telephone numbers in the absence of express parental consent. This bill would require a school district, that requires the parent or guardian of a secondary school pupil to provide current emergency information to the pupil's school of attendance, to include a notice in the emergency information request form that informs the parent or guardian and pupil of his or her right under federal law to request that the pupil's name, address, and telephone number not be released to military recruiters or institutions of higher education, as specified, without the prior written consent of the parent or guardian and that allows the parent, guardian, or pupil to indicate on the emergency information request form that he or she chooses to separately prohibit the release of the pupil's name, address, and telephone number listing, as specified. The bill would provide that a request by a pupil would prevail over the request of a parent or guardian. The bill would require a school district to provide the notice in English and all other languages that the school district uses for its emergency information request form. This bill contains other related provisions.

Veto Message

I am returning Assembly Bill 2994 without my signature. This bill is substantively similar to a bill I vetoed in 2006. I continue to believe that schools should maintain the flexibility to develop their own procedures to ensure compliance with existing state and federal laws. For this reason, I am not signing this bill. Sincerely, Arnold Schwarzenegger

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AB 2996

Author

De La Torre

Topic

Emergency and disaster response exercises: infectious diseases.

Summary

The California Emergency Services Act sets forth the duties of state and local agencies in emergency and disaster preparedness and response generally. This bill would additionally require, pursuant to the act, that the State Department of Public Health and local public health departments, when conducting emergency or disaster preparedness exercises relating to the outbreak of an infectious disease, establish a process to identify any deficiencies in the preparedness plans and procedures and track implementation of corrective measures, according to specified criteria. By imposing a new duty on local agencies, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 2996 without my signature. I support efforts to ensure that California is better prepared for public health emergencies. However, I have previously vetoed similar legislation based in large part on the fact that the after-action reports mandated by this bill are already required by both the State' s Standardized Emergency Management System and the federal government as a condition of the receipt of federal funds. As a result, this measure simply duplicates existing statutes and regulations and would not increase public safety or improve preparedness and therefore is unnecessary. For these reasons I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 3014

Author

Mullin

Topic

Voting: polling place procedures.

Summary

Existing law establishes procedures to be followed at polling places on election day. Existing law provides that a voter may not remain in or occupy a voting booth or compartment longer than is necessary to mark his or her ballot, which may not exceed either 5 or 10 minutes, as specified, but permits a voter to remain for a longer period of time if no other voter would be inconvenienced. This bill would delete the provision permitting a voter to remain for a longer period of time if no other voter would be inconvenienced and would, instead, permit a voter to remain for longer than 10 minutes if the voter informs a precinct board member that the voter requires additional time to mark his or her ballot. This bill contains other related provisions.

Veto Message

I am returning Assembly Bill 3014 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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AB 3033

Author

Laird

Topic

University of California: contracts.

Summary

Existing law establishes the University of California as a public trust administered by the Regents of the University of California. Employees of the university provide instruction to students and conduct research at each of the 10 campuses of the university, which are located in Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, Santa Barbara, and Santa Cruz. This bill would urge the regents, and require the Department of General Services, to establish a model contract with standard contract provisions. The bill would define the term contract to mean a research, training, or service agreement between the state and the university, or a grant from the state to the university for research, training, or service. The bill would require that, to the extent feasible, these standard contract provisions include, but not necessarily be limited to, provisions relating to specified legal issues. The bill would require that any and all standard provisions in the model contract agreed upon under the bill be used in contracts entered into between the university and the state, unless either of the contracting parties determines that a specific standard contract provision is inappropriate for a specific contract. The bill would authorize the Department of General Services to use the services of any state agency, as defined, to include every state office, officer, department, division, bureau, board, and commission in implementing the bill.

Veto Message

I am returning Assembly Bill 3033 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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AB 3041

Author

Committee on Public Employees, Retirement and Social Security

Topic

Public Employees' Retirement Law.

Summary

The Public Employees' Retirement Law provides a comprehensive set of rights and benefits based upon age, service credit, and final compensation for members of the Public Employees' Retirement System (PERS). Existing law defines final compensation variously for different member classifications and bargaining units and, in this regard, defines final compensation for a state member for the purpose of calculating retirement benefits as the highest annual average compensation earnable by the member during a designated 12-month period. Existing law provides that final compensation for a person who becomes a state member, as specified, on or after a certain date, and who is represented by one of specified bargaining units, means the highest annual average compensation earnable by the member during a designated 36-month period. This bill would further specify that final compensation, for purposes of those provisions, refers to a person who is employed by the state for the first time, with respect to bargaining units 1, 2, 3, 4, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 3041 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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AB 3068

Author

Committee on Elections and Redistricting

Topic

Voting.

Summary

Under existing law, a candidate may have a ballot designation appear on the ballot immediately under his or her name, as prescribed. If the candidate chooses a ballot designation, he or she must submit to the county elections official a ballot designation worksheet with his or her declaration of candidacy. The bill would make nonsubstantive changes to these provisions. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 3068 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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AB 3084

Author

Cook

Topic

Curriculum: social science.

Summary

Under existing law, the adopted course of study for grades 7 to 12, inclusive, is required to include instruction in social science. The required social science instruction is permitted to include instruction on World War II and the American role in that war. Statutory provisions encourage that instruction to include a component drawn from personal testimony of American soldiers who were involved in World War II and those men and women who contributed to the war effort on the homefront. This bill would encourage instruction in social science for grades 7 to 12, inclusive, to include instruction on World War II and the role of Filipinos in that war. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 3084 without my signature. While I respect the author's intent to recognize the role of Filipinos who fought courageously in World War II, I have consistently vetoed legislation that has attempted to include specific details or events into areas of instruction. The State Board of Education adopted content standards are developed by a diverse group of experts and are intentionally broad in order to allow coverage of various events, developments, and issues. I continue to believe that the State should establish rigorous academic standards and frameworks, but refrain from being overly prescriptive in specific school curriculum. For this reason, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 146

Author

Scott

Topic

School finance: attendance and enrollment.

Summary

Existing law requires the use of average daily attendance to compute revenue limits and school funding apportionments. This bill would require the Superintendent of Public Instruction to compute the average monthly enrollment of each elementary, high school, and unified school district for the 2007-08 school year and the 2008-09 school year using the active enrollment of those school districts as reported in a specified provision. The bill also would require the Superintendent to compare the average monthly enrollment of each school district calculated for the 2007-08 school year and the 2008-09 school year with the count of pupils of the district in average daily attendance as computed pursuant to a specified provision for the corresponding school year in order to compute the ratio of average daily attendance to average monthly enrollment for each year for each school district. The Superintendent also would be required to calculate the average of the ratios in order to yield a factor for each school district that may be used to convert average daily attendance to average monthly enrollment for that district. This bill contains other related provisions.

Veto Message

I am returning Senate Bill 146 without my signature. I am concerned that the accounting change in this bill could result in reduced incentives for schools to maximize student attendance. Because I believe students are best served through rigorous daily classroom instruction, I cannot support this measure. For this reason, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 325

Author

Scott

Topic

Postsecondary education: Educational and Economic Goals for California Higher Education.

Summary

Existing law establishes the California Postsecondary Education Commission (CPEC) as the statewide postsecondary education coordinating and planning agency and provides for its functions and responsibilities. Among other things, the CPEC is required to develop criteria for evaluating the effectiveness of all aspects of postsecondary education. The CPEC is requested to convene an intersegmental advisory committee on transfer access and performance. The CPEC is also required to periodically review and make recommendations regarding postsecondary programs for adult and continuing education and report periodically to the Legislature and the Governor regarding the financial conditions of independent institutions, their enrollment and application figures, the number of student spaces available, and the respective cost of utilizing those spaces as compared to providing additional public spaces. The bill would delete these specific requirements of the CPEC. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Senate Bill 325 without my signature. While I respect the author's intent to establish a statewide system of accountability for postsecondary education and a framework to assess the collective contribution of California's institutions of higher education toward meeting statewide economic and educational goals, this bill falls short in providing any framework for incentives or consequences that would modify behavior to meet any policy objectives. I believe our public education systems should be held accountable for achieving results, including our higher education segments, and would consider a measure in the future that provides adequate mechanisms that will effectuate tangible gains in student outcomes and operational efficiencies. For these reasons, I cannot support SB 325 in its current form. Sincerely, Arnold Schwarzenegger

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SB 360

Author

Negrete McLeod

Topic

Redevelopment agencies: payments to taxing entities.

Summary

Existing law requires a redevelopment agency to make specified payments of property tax increment funds in specified fiscal years to taxing entities, and requires that these payments be allocated among these entities in proportion to the percentage share of property tax revenues received by these entities in these fiscal years. This bill would require the county auditor, on behalf of a redevelopment agency, to calculate and make these payments and would specify that in doing so, the county auditor is acting in the interest of the respective redevelopment agency and affected taxing entities and is performing a ministerial function. A county would be authorized to require a redevelopment agency to reimburse the county for any expenses incurred by the county when making these calculations and payments. The county auditor would be required to provide, within 60 days after the close of the fiscal year, to each redevelopment agency in the county, the Controller, and the Department of Finance a statement providing specified information about the prior fiscal year and would be required to submit to the Superintendent of Public Instruction and the Chancellor of the California Community Colleges information on payments considered to be property tax revenue for specified educational funding purposes. A redevelopment agency would be required to provide a statement within 60 days after the close of the fiscal year to each taxing entity, the State Department of Education, the Chancellor of the California Community Colleges, the Controller, and the Department of Finance containing specified information concerning the prior fiscal year. A redevelopment agency would be required to reimburse the county for all actual and reasonable costs incurred in providing a statement, information, or clarification. These changes would become operative on July 1, 2009. By adding to the duties of the county auditor, this bill would create a state-mandated local program. Beginning on January 1, 2009, the Controller would be authorized to convene an advisory committee, as specified, to develop a simple, uniform, and consistent methodology for the calculation, payment, and reporting of passthrough payments, as specified. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Senate Bill 360 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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SB 364

Author

Simitian

Topic

Personal information: privacy.

Summary

Existing law requires any agency, person, or business that maintains computerized data that includes personal information that the agency, person, or business does not own to notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. This bill would require that notification to the owner or licensee of the information include, among other things, a description of the categories of personal information that were, or may have been, acquired, a toll-free or local telephone number or e-mail address that individuals may use to contact the agency, person, or business, and the telephone numbers and addresses of the major credit reporting agencies. If the owner or licensee of the information is the issuer of the credit or debit card or the payment device, or maintains the account from which the payment device orders payment, or is an agency required to give notice of a security breach, as specified, the bill would require the owner or licensee to disclose the same information to the California resident in plain language, as specified. This bill contains other related provisions.

Veto Message

I am returning Senate Bill 364 without my signature. California's landmark law on data breach notification has had many beneficial results. Informing individuals whose personal information was compromised in a breach of what their risks are and what they can do to protect themselves is an important consumer protection benefit. The law has also provided a window on information privacy and security practices that has led organizations to make many improvements. Unfortunately, this bill could lead consumers to believe that all data breaches result in identity theft. Further, this would place an additional unnecessary cost on businesses without a corresponding consumer benefit. For these reasons I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 413

Author

Scott

Topic

Community colleges: inmate education programs: computation of apportionments.

Summary

Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. This bill would instead require the open course provisions in statute or regulations of the board of governors to be waived for any governing board of a community college district that provides those classes for inmates, including inmates of state correctional facilities, and would authorize the board of governors to include the units of full-time equivalent students generated in those classes for purposes of state apportionments. This bill contains other related provisions and other existing laws.

Veto Message

To the Members of the California State Senate: I am returning Senate Bill 413 without my signature. This bill is substantively similar to a bill I previously vetoed in a prior legislative session. While I respect the author's attempt to get community colleges to play a role in improving instructional delivery to correctional inmates, this bill as drafted appears to create inappropriate fiscal incentives for community colleges, state prisons, local correctional agencies, and other contracting entities that may lead to supplanting current funding provided through the California Department of Corrections and Rehabilitation. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 527

Author

Steinberg

Topic

Autism Spectrum Disorders: screening.

Summary

Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers for the provision of various services and supports to persons with developmental disabilities, including Autism Spectrum Disorders (ASD). This bill would require the State Department of Developmental Services to partner with at least one regional center to implement a 2-year Autism Spectrum Disorders Early Screening, Intervention, and Treatment Pilot Program in at least 3 key geographic areas. The pilot program would establish best practices for early screening, diagnosis, referral, and treatment for children with ASD. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Senate Bill 527 without my signature. I share the author's strong commitment to the early identification and treatment of children with autism spectrum disorders. However, the provisions of this bill can be accomplished administratively with funding from private, non-state general fund sources. In addition, given our state's ongoing fiscal challenges, it is not the time to be enacting new programs in statute. I would encourage the author and sponsors to work directly with entities willing to fund this type of program. For these reasons, I cannot support this bill. Sincerely, Arnold Schwarzenegger

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SB 775

Author

Ridley-Thomas

Topic

Childhood lead poisoning.

Summary

Existing law, the Childhood Lead Poisoning Prevention Act of 1991, requires the State Department of Public Health to adopt regulations establishing a standard of care, at least as stringent as the most recent United States Centers for Disease Control and Prevention blood lead level screening guidelines, whereby all children are required to be evaluated for risk of lead poisoning by health care providers during each child's periodic health assessment. These provisions are to be implemented only to the extent there are sufficient fees collected from certain manufacturers and persons who significantly contributed or currently contribute, or both, to environmental lead contamination. These fees are deposited into the Childhood Lead Poisoning Prevention Fund. Moneys in the fund are required to be expended for purposes of the act, upon appropriation. This bill would require the department to make available on its Web site the most current information on lead, as specified, and would require providers primarily responsible for providing prenatal care to explain to pregnant women that lead poisoning prevention information is available on the Web site or provide other information about lead poisoning prevention. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Senate Bill 775 without my signature. While I support programs to reduce lead exposure for children, this bill is duplicative of existing state requirements and may jeopardize overall funding for lead poisoning prevention. Many of the bill's provisions are unnecessary and are already being accomplished administratively. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 823

Author

Perata

Topic

California Private Postsecondary Education Act of 2008.

Summary

The former Private Postsecondary and Vocational Education Reform Act of 1989, which became inoperative on July 1, 2007, was administered by the Bureau for Private Postsecondary and Vocational Education in the Department of Consumer Affairs. The act generally effectuated legislative intent to ensure minimum standards of instructional quality and institutional stability in private postsecondary educational institutions. This bill would recast and revise the former act as the California Private Postsecondary Education Act of 2008. The bill would establish the Bureau for Private Postsecondary Education in the Department of Consumer Affairs as a successor agency to the former bureau. The bill would continue the existence of the Private Postsecondary and Vocational Education Administration Fund, which the bill would rename the Private Postsecondary Education Administration Fund, and the continuously appropriated Student Tuition Recovery Fund, and would also provide that certain violations of the new act would be punishable as infractions. The bill would impose reporting requirements on the bureau and the office of the Legislative Analyst regarding bureau compliance within this act. The bill would also express the intent of the Legislature that the Bureau of State Audits conducts an audit that assesses the extent the requirements of this act are met. This bill contains other related provisions and other existing laws.

Veto Message

To the Members of the California State Senate: I am returning Senate Bill 823 without my signature. This bill would establish the California Private Postsecondary Education Act of 2008 (Act), which would create the Bureau for Private Postsecondary Education (Bureau) within the Department of Consumer Affairs (DCA) to regulate private postsecondary educational institutions in California and establish various requirements, prohibitions, and standards for these institutions. I have repeatedly stated that a reform act must be written clearly, should not be subject to varied interpretations, should treat schools as uniformly as possible, and provide reasonable roles and responsibilities for the Bureau. Our collective objective should be to successfully strike a balance between protecting students, while being firm, yet fair to schools. Unfortunately, this bill does not meet those goals. Instead, this bill would create a statute that would be a challenge to successfully implement. If a statute is not clearly drafted, reasonably enforceable, or easily understandable to students, schools, and regulators, no one is well served. Though I am vetoing this bill, I am directing the Department of Consumer Affairs to continue its efforts to educate students about their rights and responsibilities, and to encourage schools to provide students with meaningful disclosures and engage in sound business practices. I am also encouraging the DCA Director to use her existing authority to investigate complaints from students and schools. I encourage the Legislature to pass a bill early in the next session that proposes a regulatory framework that can be successful. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 867

Author

Cedillo

Topic

Child care: provider organization: representation.

Summary

Existing law authorizes employees of public schools to form, join, and participate in the activities of an employee organization for the purpose of representation on matters of employer-employee relations, including terms and conditions of employment. This bill would authorize family child care providers, as defined, to choose whether to be represented by a single provider organization, as defined, that would be designated pursuant to a specified petition and election process. The designated provider organization would be authorized to perform various functions, including operating substitute family child care provider pools if those pools are not already being operated or provided in the community, marketing family child care programs, offering business development programs for family child care providers, meeting with state regulatory agencies, and engaging in various types of negotiation with public and private entities that administer state-funded subsidies for child care services. The selection of a negotiating representative would not prevent the designated provider organization or any other organization or individual from appearing before, or making proposals to, the State Department of Education at a public meeting or hearing, or at any other department forum. Provider organizations would be prohibited from calling strikes and from interfering with, intimidating, restraining, coercing, or discriminating against a family child care provider because the family child care provider joins or refuses to join a provider organization. The state, as defined, would also be subject to the latter prohibition.

Veto Message

Given California's significant budget challenge, I cannot consider bills that would add significant fiscal pressures to the State's structural budget deficit. For this reason, I am returning SB 867 without my signature. Sincerely, Arnold Schwarzenegger

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SB 908

Author

Simitian

Topic

Environmental education.

Summary

Existing law requires the Curriculum Development and Supplemental Materials Commission to recommend minimum standards of courses of study in the schools of the state. Existing law further requires the State Board of Education and the State Department of Education to revise the framework in science to include specified topics in environmental education. This bill additionally would require climate change to be included among those topics.

Veto Message

I am returning Senate Bill 908 without my signature. While I am supportive of encouraging "climate change" education curriculum, I have consistently vetoed legislation that has attempted to mandate specific details or events into areas of instruction. The State Board of Education adopted content standards are developed by a diverse group of experts and are intentionally broad in order to allow coverage of various events, developments, and issues. I continue to believe that the State should refrain from being overly prescriptive in specific school curriculum, beyond establishing rigorous academic standards and frameworks. Moreover, in this particular case, the California Integrated Waste Management Board's Office of Education and Environment, in conjunction with the California Environmental Protection Agency is already well into the process of incorporating the "climate change" issue in the creation of an environment-based K-12 model curriculum. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 967

Author

Simitian

Topic

Election precincts.

Summary

Existing law requires the boundaries of an election precinct to be fixed such that it contains no more than 1,000 voters on the 88th day prior to the election. This bill would authorize a local elections official to subtract permanent vote by mail voters from that total.

Veto Message

I am returning Senate Bill 967 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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SB 1097

Author

Torlakson

Topic

School curriculum: content standards.

Summary

Existing law, operative until July 1, 2011, and to be repealed on January 1, 2012, requires the State Board of Education to adopt statewide academic content standards and performance standards, based on the recommendation of the Commission for the Establishment of Academic Content and Performance Standards and the State Superintendent of Public Instruction, respectively. Existing law authorizes the state board to modify any proposed content standard or performance standard prior to its adoption. This bill would delete the provisions allowing the state board to modify the recommended standards prior to adoption. This bill would require content standards review panels to be appointed for reading/language arts and history/social science. Teachers appointed to the panels would be required to meet specified requirements, and in choosing members for the panels, the specified appointing authorities would be required to consult with each other to ensure that each panel consists of members who meet prescribed requirements, including, but not limited to, that the panel reflect the ethnic and gender diversity of California. The bill would require each review panel to review the content standards in its particular subject area, and recommend changes to the state board as the review panel may deem necessary. This bill would require the state board to hold hearings on the recommended changes to the content standards and adopt or reject the recommended changes to the content standards, within 120 days of receipt from the review panel, and at least 2 years prior to the adoption of the curriculum framework for the relevant subject area. The state board would be required to provide a specific, written explanation of the reasons why the recommended changes to the content standards submitted by a review panel were not adopted. This bill would authorize a review panel to modify the recommendations to correct deficiencies identified by the state board and to resubmit the recommended changes for adoption. The bill would not be implemented unless an appropriation is specifically provided for the purposes of the bill. This bill contains other related provisions.

Veto Message

I am returning Senate Bill 1097 without my signature. The original academic content standards were adopted through a public and inclusive process involving teachers, educators and content experts from around the state. The authorizing statute provided that the Governor retain a majority of appointments to the Standards Commission, followed by the Superintendent and leadership in the legislature and correctly held the Governor ultimately accountable to ensure a balance of expertise and stakeholders participated in such a critical endeavor. This bill proposes to dilute the role of the Governor. SB 1097 also deletes a provision codified by the original statute that explicitly authorized the State Board of Education (Board) to modify any proposed content standards prior to adoption. Instead, it only allows the Board to accept or reject proposed changes. The Board would not have authority to make even minor corrections to the panel's recommended changes. I see no compelling reason to alter the balance established by the original statute in determining the composition of the commission that reviewed the academic content, or the process that provided for recommendations to the Board for consideration, modification, and approval. Furthermore, while I would welcome participation by teachers, the measure does not define "recent public classroom experience" and thereby raises the possibility of controversy regarding whether or not certain members of the panel are duly authorized to participate. I cannot support the dilution of the authority of the Governor or the State Board of Education. California's content standards are too important to allow for unnecessary ambiguity that could call into question the very process of a historic review and possible modification. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 1111

Author

Scott

Topic

Pupil testing.

Summary

Existing law requires the Superintendent of Public Instruction to provide for the development of an assessment instrument, to be called the California Standards Tests, that measures the degree to which pupils are achieving content standards and performance standards that have been adopted by the State Board of Education. This test contains the areas of reading, writing, mathematics, history-social science, and science for grades 9 to 11, inclusive, as specified. This bill would require the state board to minimize, to the extent permitted by federal law, the amount of testing time and duplication required to complete the California Standards Tests. The bill would specify that it not be construed to justify the reduction of testing rigor or standards. The bill also would require the state board to revise testing requirements so that, on or after July 1, 2009, pupils may satisfy any federal assessment requirement through administration of an achievement test or by administration of an end of course examination that is already required by state law. This bill contains other related provisions.

Veto Message

I am returning Senate Bill 1111 without my signature. This bill would severely restrict the State Board of Education's authority to act on behalf of the state to meet federal requirements, and therefore, compromises federal funding that California receives. While I support the intent of reducing duplication in educational tasks, I cannot support the approach taken in this measure. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 1132

Author

Migden

Topic

Medi-Cal: foster care adolescents.

Summary

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive health care benefits. Existing law requires the department, if, and to the extent that, all necessary federal approvals are obtained for federal financial participation, to implement a federal option to extend Medi-Cal benefits to independent foster care adolescents, as defined in federal law. This bill would specify that if the department has exercised its option to extend Medi-Cal benefits to those independent foster care adolescents, the department, to the extent that federal financial participation is available, shall not require the independent foster care adolescent to complete any paperwork qualification or provide any other information as a condition to continuing to receive the Medi-Cal benefits to which he or she is already entitled.

Veto Message

I am returning Senate Bill 1132 without my signature. While I support the intent behind this measure and have signed several measures to improve the educational, social, mental and health care services for foster youth, I cannot sign this bill as currently proposed. This measure is contingent on the receipt of matching federal funds. Since federal law currently requires states to conduct annual eligibility determinations for Medi-Cal beneficiaries, this measure cannot be implemented because the bill prohibits the department from requiring foster youth to complete any paperwork or provide any other information in order to receive benefits until the age of 21. I would urge the Legislature to work with the department to craft a bill that makes health care services more accessible for our foster youth. Sincerely, Arnold Schwarzenegger

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SB 1208

Author

Ducheny

Topic

Elections: title and summary: fiscal estimate.

Summary

Existing law requires the Attorney General, upon receipt of a draft of a petition for a proposed measure, to draft a title and summary of the proposed measure. Existing law requires the Attorney General to determine whether a proposed measure would affect the revenues or expenditures of the state or local government. If the Attorney General determines that a proposed measure would affect state or local revenues or expenditures, he or she must include in the title either the estimate of the amount of change in state or local revenues or costs, or an opinion as to whether or not a substantial net change in state or local finances would result if the proposed initiative is adopted. Existing law requires the Department of Finance and the Joint Legislative Budget Committee to prepare jointly the fiscal estimate that is included in the title. This bill would require that the fiscal estimate included in the title be prepared by the Legislative Analyst, who may request the assistance of any state department, agency, or official in preparing the fiscal estimate.

Veto Message

I am returning Senate Bill 1208 without my signature. This bill would remove the Department of Finance from the joint responsibility it shares with the Joint Legislative Budget Committee (JLBC) to prepare estimates of proposed initiatives prior to circulation. It is important to ensure agreements by the Executive and Legislative branches of government on the potential fiscal impact of proposed initiatives. The current shared responsibility of the Department of Finance and the JLBC provides such an assurance. Sincerely, Arnold Schwarzenegger

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SB 1214

Author

Cedillo

Topic

Pupil instruction: adopted course of study.

Summary

Existing law requires the adopted course of study for grades 1 to 6, inclusive, and for grades 7 to 12, inclusive, to offer courses in specified areas of study, including social sciences. Existing law requires the instruction in social studies to provide instruction in, among other things, human rights issues, with particular attention to the study of the inhumanity of genocide, slavery, and the Holocaust. This bill would add the unconstitutional deportation during the Great Depression of citizens and lawful permanent residents of the United States to Mexico to the instruction that may be included in grades 1 to 6, inclusive, and that may be included in social studies in grades 7 to 12, inclusive, and to the material that the department is required to incorporate into publications that provide examples of curriculum resources. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Senate Bill 1214 without my signature. I vetoed a substantively similar bill two years ago on this issue, and I have consistently vetoed legislation that has attempted to mandate specific details or events into areas of instruction. The State Board of Education adopted content standards are developed by a diverse group of experts and are intentionally broad in order to allow coverage of various events, developments, and issues. I continue to believe that the State should establish rigorous academic standards and frameworks, but refrain from being overly prescriptive in specific school curriculum. For this reason, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 1301

Author

Cedillo

Topic

Student financial aid: institutional financial aid eligibility.

Summary

The Donahoe Higher Education Act sets forth, among other things, the missions and functions of California's public and independent segments of higher education, and their respective institutions of higher education. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make a provision applicable. This bill would amend the Donahoe Higher Education Act to require the Trustees of the California State University and the Board of Governors of the California Community Colleges, and request the Regents of the University of California, to establish procedures and forms that enable persons who are exempt from paying nonresident tuition under that provision, or who meet equivalent requirements adopted by the regents, to be eligible to receive institutional financial aid awards. The bill would define institutional financial aid as financial assistance offered by a campus of the California Community Colleges, California State University, or University of California, including grant, scholarship, workstudy, and loan programs. The bill would specify that institutional financial aid does not include a board of governors fee waiver. The bill would declare that this provision is a state law within the meaning of a federal statute that permits a state to only provide an alien who is not lawfully present in the United States with eligibility for a state or local public benefit through the enactment of a state law affirmatively providing for that eligibility. This provision would apply to the University of California only if the regents, by appropriate resolution, act to make it applicable. This bill contains other existing laws.

Veto Message

I am returning Senate Bill 1301 without my signature. I share the author's goal of making affordable education available to all California students, but given the precarious fiscal condition the state faces at this time, it would not be prudent to place additional demands on our limited financial aid resources as specified in this bill. For this reason, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 1322

Author

Lowenthal

Topic

Public employment and property.

Summary

The Civic Center Act requires the governing body of a school district to grant the use of school property, when an alternative location is not available, to nonprofit organizations, and clubs or associations organized to promote youth and school activities. That act also contains other provisions that require a person who intends to use school property on behalf of an organization to deliver a statement, signed under penalty of perjury, that the organization is not a Communist action organization or Communist front organization required to be registered with the Attorney General of the United States or does not, to the best of that person's knowledge, advocate the overthrow of the government of the United States or of the State of California by force, violence, or other unlawful means. These other provisions have been declared unconstitutional. This bill would delete those unconstitutional provisions. This bill contains other related provisions and other existing laws.

Veto Message

To the Members of the California State Senate: I am returning Senate Bill 1322 without my signature. Many Californians have fled communist regimes, immigrated to the United States and sought freedom in our nation because of the human rights abuses perpetuated in other parts of the world. It is important particularly for those people that California maintains the protections of current law. Therefore, I see no compelling reason to change the law that maintains our responsibility to ensure that public resources are not used for purposes of overthrowing the U.S. or state government, or for communist activities. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 1330

Author

Torlakson

Topic

Education technology: Statewide Education Technology Policy Task Force.

Summary

Existing law establishes various programs to enhance education technology, including the California Technology Assistance Project, which is composed of regional consortia that work collaboratively with school districts and county offices of education to meet locally defined educational needs that can be effectively addressed with the use of technology, as specified. This bill would require the Superintendent of Public Instruction to establish the Statewide Education Technology Policy Task Force for the purpose of developing recommendations for a comprehensive statewide plan to increase and enhance the level of technology used to deliver instruction in California public schools. The bill would require the task force to consist of no more than 15 education technology experts, including, but not limited to, parents, teachers, administrators, school board members, researchers, and industry representatives. The bill would require the task force to address specified issues as part of the comprehensive statewide plan, and to complete the plan within one year of initially convening. The Superintendent would be required to submit the plan to the Legislature within one month of having received it from the task force. This bill would not become operative until the Department of Finance determines that sufficient private funds have been received to implement its provisions.

Veto Message

To the Members of the California State Senate: I am returning Senate Bill 1330 without my signature. This bill is unnecessary since current law does not prohibit the Superintendent of Public Instruction from convening an internal advisory committee to update the statewide education technology plan with approval of the State Board of Education. Increasing and enhancing technology in our schools is important, but the provisions in this can be accomplished without legislation. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 1354

Author

Torlakson

Topic

School facilities: construction.

Summary

The Leroy F. Greene School Facilities Act of 1998 requires the State Allocation Board to allocate to applicant school districts, prescribed per-unhoused-pupil state funding for construction and modernization of school facilities, including hardship funding, and supplemental funding for site development and acquisition. The act requires the board annually to adjust the per-unhoused-pupil apportionment for new construction to reflect construction cost changes and for modernization to reflect inflation, as set forth in the statewide cost index for class B construction as determined by the board. A school district is required, as a condition of the receipt of funds, to certify that the grant amount and local funds are sufficient to complete the school construction project for which the grant is intended. This bill would require the Superintendent of Public Instruction to examine and evaluate the ability of school districts, as defined, to build complete schools as approved by the State Department of Education with the funds provided by the State Allocation Board and an equal amount contributed by the school district under the Leroy F. Greene School Facilities Act of 1998 for the purpose of examining the standards to ensure that the standards achieve educational adequacy in terms of the facilities necessary for the school district to provide its educational program, assessing the level to which schools constructed with state funding assistance met standards for educational adequacy in terms of the facilities necessary for the school district to provide its educational program, and examining factors that enable them to build facilities to meet educational adequacy. This bill contains other existing laws.

Veto Message

I am returning Senate Bill 1354 without my signature. This bill is unnecessary because nothing in current law prohibits the Superintendent of Public Instruction from performing the evaluation proposed in this bill. Moreover, a recent study completed this year already evaluated the adequacy of school construction grants. Therefore another evaluation would be duplicative of previous efforts. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 1355

Author

Corbett

Topic

Postsecondary education: private student loans.

Summary

Existing law establishes the University of California, California State University, the California Community Colleges, and independent colleges and universities as the 4 segments of postsecondary education in this state. Existing law establishes various student financial aid programs for students attending all segments of postsecondary education. This bill would, with certain exceptions, require a public or private postsecondary educational institution to make specified disclosures related to private student loans in financial aid material, distinguish private loans from federal loans in individual financial aid awards, and for any private loan lender list, provide general information on the terms of the loan available through the lender and disclose the reason for each lender's inclusion on the list. The bill would apply to the University of California only to the extent that the Regents of the University of California act, by resolution, to make it applicable.

Veto Message

I am returning Senate Bill 1355 without my signature. This bill would require public and private postsecondary education institutions to disclose specified information regarding the terms of private loans and federal loans in specified financial aid materials. However, recently enacted federal legislation (H.R. 4137) makes changes to the Federal Family Education Loan program, requiring more comprehensive lender disclosures and consumer education of students and families than this bill, particularly as budgeting and financial management relates to student loan programs. The federal legislation also imposes new restrictions on private lenders and education institutions in order to address concerns related to unfair lending practices and conflicts of interest. Therefore, given the comprehensive nature of the federal reforms recently enacted, I am unable to sign this bill at this time. Sincerely, Arnold Schwarzenegger

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SB 1376

Author

Wiggins

Topic

State Teachers' Retirement System.

Summary

The Teachers' Retirement Law provides for a continuous appropriation to be made annually from the General Fund for transfer to the Supplemental Benefit Maintenance Account in the Teachers' Retirement Fund to fund purchase power protection payments to retired members of the Defined Benefit Program of the State Teachers' Retirement System. The law provides that the total amount of the appropriation for each year shall be equal to 2.5 percent of the total of the creditable compensation of the fiscal year ending in the immediately preceding calendar year upon which members' contributions are based for purposes of funding the supplemental payments, as specified. The law also provides for a continuous appropriation annually from the General Fund to the Controller for transfer to the Teachers' Retirement Fund. The total amount of that appropriation for each year is equal to 2.017 percent of the total of the creditable compensation of the fiscal year ending in the immediately preceding calendar year upon which members' contributions are based, to be calculated annually on October 1, as specified. In addition, the law provides for a continuous appropriation annually from the General Fund to the Controller for transfer to the Teachers' Retirement Fund. The total amount of that appropriation for each year is equal to 0.524 percent of the total of the creditable compensation of the fiscal year ending in the immediately preceding calendar year upon which members' contributions are based, to be calculated annually on October 1, as specified. This bill would require these appropriations to be estimated and reported annually to the Department of Finance and the Legislature no later than October 25. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Senate Bill 1376 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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SB 1425

Author

Steinberg

Topic

Pupil data.

Summary

Federal law requires schools and educational agencies receiving federal financial assistance to comply with specified provisions regarding the release of pupil data. State law prescribes additional rules relating to the authorized release of pupil data. This bill would authorize the department, to the extent permissible under the federal Family Educational Rights and Privacy Act (FERPA) and state law, to conduct pupil data management on behalf of local educational agencies. The bill would state the intent of the Legislature to accomplish specified objectives related to these provisions, including, but not limited to, complying with the United States Constitution and all applicable federal laws, including FERPA and its implementing regulations, the California Constitution, and all applicable state laws and their implementing regulations, in order to protect pupil rights and privacy. The bill would authorize local educational agencies to access specified data via the California Longitudinal Pupil Achievement Data System (CALPADS), and, to the extent permissible under state and federal law, to share specified data via CALPADS. The bill would require the department, to the extent consistent with federal law, to establish, no earlier than July 1, 2009, an education data team to act as an institutional review board to review and respond to all requests for aggregate and nonidentifiable individual pupil data, as specified. The bill would require the department, to the extent feasible, to redirect department personnel for the purposes of the education data team rather than establishing new positions. The bill would make the department responsible for data management decisions for data under its jurisdiction and make the department and a local educational agency jointly liable for any data management decisions in which the department and a local educational agency participate jointly, as specified. The department would be required to adopt regulations for the education data team by July 1, 2009. The department would, with certain exceptions, be authorized to assess a fee on research applicants to cover prescribed costs. This bill contains other related provisions and other existing laws.

Veto Message

To the Members of the California State Senate: I am returning Senate Bill 1425 without my signature. Instead, I am signing Senate Bill 1298 (Simitian), which takes the first step in specifically addressing my goal of making all existing education data more accessible in a user-friendly format to parents, policy makers, researchers and the general public without being filtered through unnecessary bureaucratic obstacles. This measure is premature. California must more closely examine the ability of the state to collect, transfer, and use pupil record information and the interactions between state and federal law before developing a final plan for the interaction of multiple data systems at the state and local level and developing rules to govern access to the data they hold. It would be unwise to move forward without the benefit of this analysis. With incomplete information California may initially move in a direction which later would require a costly course correction in order to achieve the functionality we ultimately hope to achieve, while responsibly protecting student and family privacy and ensuring against identity theft. My goal is for California to eventually have a comprehensive education data system that is useful, transparent, and easily accessible for parents, teachers, administrators, and policymakers that is not mired in the bureaucratic structures that currently exist. I would sign a bill that provides for an unambiguous thoughtful structure for state and local data sharing and the administrative oversight and management of education data systems while also providing explicit privacy protections in the statute. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 1442

Author

Wiggins

Topic

Pupils: supplemental instruction programs.

Summary

Existing law requires the governing board of a school district maintaining any of grades 7 to 12, inclusive, and authorizes a charter school, to offer supplemental instructional programs for pupils enrolled in those grades who do not demonstrate sufficient progress toward passing the high school exit examination. This bill would authorize a school district or charter school offering these programs to offer courses that integrate instruction in English and mathematics with real-world applications delivered through project-based learning and problem-based teaching strategies. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Senate Bill 1442 without my signature. Current law does not prohibit school districts or charter schools from offering project-based learning and problem-based teaching strategies to its students. Therefore, this bill is unnecessary. For this reason, I am not signing this bill. Sincerely, Arnold Schwarzenegger

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SB 1446

Author

Romero

Topic

High school exit examination: pupils with disabilities.

Summary

Former law, which was repealed on December 31, 2007, required a school district or state special school to grant a high school diploma to a pupil with a disability who was scheduled to graduate from high school, did not pass the high school exit examination, did not receive a high school exit examination waiver, and met other specified criteria. The repealed provisions required a school district or state special school that failed to grant a high school diploma to the pupil to submit certain documentation to the State Board of Education, and required the state board to review the failure to grant a high school diploma. The school district and state special school were required to report certain information to the Superintendent of Public Instruction, including the number of pupils granted diplomas in this manner. This bill would reenact those provisions for pupils with disabilities who are scheduled to graduate from high school on or before December 31, 2010. The bill would repeal those provisions on January 1, 2011. The bill would declare the intent of the Legislature that those provisions apply retroactively to pupils with disabilities who are scheduled to graduate in the 2007-08 school year. By reenacting the provisions requiring school districts and state special schools to comply with those requirements, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Senate Bill 1446 without my signature. I believe that one of the benefits of requiring the passage of the California High School Exit Exam (CAHSEE) has been to keep schools accountable to teaching all students with equal vigor. Requiring all students to meet the CAHSEE requirement for graduation provides incentive for schools to teach every student the skills needed to demonstrate basic competencies in order to earn a diploma. Therefore, I cannot sign this measure that would essentially provide a waiver for students with disabilities from passing the CAHSEE. Instead, I am signing Assembly Bill 2040 (Nunez) to allow the state to consider whether there are other means for special education students to demonstrate that they have achieved the same academic competencies as would be measured by the CAHSEE. By doing so, I am asking the State Board of Education to examine the possibility whether a valid testing instrument can be developed for students with disabilities on a graduation-track, that has the same rigor and standard as the current CAHSEE. Ultimately, I will demand that the end result ensures that the state does not compromise the high level of expectations that we have for all our students and accountability for all our schools. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 1447

Author

Yee

Topic

Education finance: San Bruno Park School District.

Summary

Existing law establishes the public school system in this state, and, among other things, provides for the establishment of school districts throughout the state and for their provision of instruction at the public elementary and secondary schools they operate and maintain. Existing law establishes a public school funding system that includes, among other elements, the provision of funding to local educational agencies through state apportionments, the proceeds of property taxes collected at the local level, and other sources. Existing law authorizes school districts to sell surplus real and personal property, as specified. Existing law requires the proceeds obtained by a school district pursuant to the sale of its real property to be expended solely for capital outlay purposes. This bill would authorize the San Bruno Park School District to encumber and expend up to $1,400,000 of the proceeds from the sale of the site of the former Carl Sandburg Elementary School for the 2008-09 fiscal year, as specified, thereby making an appropriation. The bill also would require the district to restore the funds encumbered and expended pursuant to this bill, plus interest equal to that earned by the Pooled Money Investment Account, in annual payments, commencing in the 2009-10 fiscal year, over a period not to exceed 10 years. The bill would repeal this provision on January 1, 2021. This bill contains other related provisions.

Veto Message

I am returning Senate Bill 1447 without my signature. I do not agree with provisions in this bill that would allow the San Bruno Park School District to continue to be eligible for state school facility bond funds even after it sells off property to meet its non-capital financial obligations. However, I am willing to sign a bill that provides some budgetary relief through the sale of excess property, as long as it excludes the district from applying for additional bond funds, and other conditions are met, as specified in prior bills I have signed. Sincerely, Arnold Schwarzenegger

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SB 1475

Author

Torlakson

Topic

Autism pilot project.

Summary

Under existing law, the State Department of Developmental Services, the State Department of Education, the State Department of Health Care Services, the State Department of Mental Health, and the State Department of Social Services collaborate to provide early intervention for children with disabilities or at risk of having disabilities. Under existing law, the State Department of Developmental Services contracts with private nonprofit regional centers to provide or purchase services and supports for persons with developmental disabilities, including Autism Spectrum Disorders (ASD). The State Department of Education and school districts also provide services in the schools for children with ASD. This bill would require the State Department of Developmental Services to establish a 2-year pilot project to, among other things, provide methods, instruments, and systems of care between regional centers and school districts for the early identification and assessment of children with ASD from birth to 5 years of age. This bill would also require the department, no later than June 1, 2012, to submit a report to the Legislature and the Governor on the pilot project containing specified information. This bill would require the department to apply to the California Children and Families Commission for funding for the pilot program and would condition the reestablishment of the pilot program upon the department obtaining those funds from the commission or other sources. This bill would make its provisions inoperative on July 1, 2012, and repeal them on January 1, 2013.

Veto Message

I am returning Senate Bill 1475 without my signature. I share the author's strong commitment to the integration of services for children with autism spectrum disorders. However, the provisions of this bill can be accomplished administratively with funding from private, non-state general fund sources. In addition, given our state's ongoing fiscal challenges, it is not the time to be enacting new programs in statute. I would encourage the author and sponsors to work directly with entities willing to fund this type of program. For these reasons, I cannot support this bill. Sincerely, Arnold Schwarzenegger

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SB 1505

Author

Yee

Topic

Whistleblower protection.

Summary

The California Whistleblower Protection Act authorizes a state employee or an applicant for state employment to file a complaint, as specified, with the State Personnel Board alleging reprisal, retaliation, threats, coercion, or similar improper conduct prohibited under the act. Under that act, once it has been demonstrated by a preponderance of the evidence that conduct protected by the act was a contributing factor to the alleged retaliation against the complaining party, the supervisor, manager, or appointing power is required to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons. This bill would in addition provide that the act applies to former employees, as specified, and prohibits retaliation in the form of decreasing the job responsibilities of an employee's normal workload. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Senate Bill 1505 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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SB 1515

Author

Kuehl

Topic

Pupil discipline: restraint and seclusion.

Summary

Existing law prohibits a person employed by or engaged in a public school to inflict, or cause to be inflicted, corporal punishment upon a pupil. This bill would prohibit an educational provider from using chemical restraint, as defined, mechanical restraint, as defined, physical restraint, as defined, or seclusion, as defined, for the purpose of coercion, discipline, convenience, or retaliation by staff. The bill would provide that the prohibition regarding physical restraint only applies to the use of physical restraint on individuals with exceptional needs, as defined, who receive special education and related services. The bill would limit the use of physical restraint, as defined, and would specify conditions under which an educational provider would be authorized to use physical restraint. The bill would provide that those limitations and conditions only apply to the use of physical restraint on individuals with exceptional needs, as defined, who receive special education and related services. The bill would allow, until January 1, 2012, nonpublic, nonsectarian schools, and certain district-designated alternative programs to use seclusion if specified conditions are met. This bill contains other related provisions and other existing laws.

Veto Message

To the Members of the California State Senate: I am returning Senate Bill 1515 without my signature. The safety of California students is of the utmost importance. The California Constitution and state law provide for the protection and safety of all California students. While undue seclusion and restraints, including physical, chemical and mechanical on students are never acceptable, the provisions of this bill are too prescriptive. Unfortunately, this bill could result in inhibiting school employees from intervening in an emergency situation and place more students at risk of potential harm. I am concerned that it may have unintended consequences that can be detrimental to the best interest of all students. I encourage school districts to be more conscious of maintaining a fair balance between protecting the safety of all their teachers and students, while using reasonable, common sense standards in ensuring that seclusion and restraints are not overly applied in a way that may harm the welfare of specific students. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 1524

Author

Romero

Topic

The California Longitudinal Pupil Achievement Data System: Asian and Pacific Islander pupils.

Summary

Existing law requires the State Department of Education to contract for the development of proposals that will provide for the retention and analysis of longitudinal pupil achievement data on specified tests known as the California Longitudinal Pupil Achievement Data System. The system is required to have specified characteristics, including the ability to sort by demographic element collected from the STAR Program tests, high school exit examination, and the English language development test. This bill would require the system also to have the ability to disaggregate data related to Asian and Pacific Islander pupils in order to provide a more accurate view of the academic achievement of the subgroups of pupils within that category. The bill would specify that, in accordance with a provision of existing law, these subgroups would include, but not necessarily be limited to, Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Hawaiian, Guamanian, Samoan, Laotian, and Cambodian. The bill would require the department to publish the disaggregated data on its Internet Web site.

Veto Message

To the Members of the California State Senate: I am returning Senate Bill 1524 without my signature. This bill is unnecessary because current law already provides the State Department of Education with administrative flexibility to expand upon current demographic data categories when necessary. Furthermore, while I support publishing as much data online to help facilitate public awareness, this action does not require legislation. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 1585

Author

Padilla

Topic

California Community Colleges: transfer students.

Summary

Existing law establishes the 3 segments of public postsecondary education in this state. These segments include the California State University, the campuses of which are administered by the Trustees of the California State University, the University of California, which is administered by the Regents of the University of California, and the California Community Colleges, which are administered by the Board of Governors of the California Community Colleges. Existing law, known as the Donahoe Higher Education Act, requires the regents, the trustees, and the board of governors to have as a fundamental policy the maintenance of a healthy and expanded program to increase the number of transfer students from community colleges. This bill would make various legislative findings and declarations related to public higher education at the California Community Colleges. This bill contains other related provisions.

Veto Message

I am returning Senate Bill 1585 without my signature. While I appreciate the intent to increase transfer rates of basic skills students from the community colleges to the four-year segments of higher education, significant funding has been provided to the community colleges for basic skills students, the University of California for cooperative transfer out reach with community colleges, and other programs for the purpose of enhancing transfer success. Given the efforts to resolve the current budget deficit, it is not advisable to create new programs when existing resources are already being directed to meet the objective. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 1601

Author

Negrete McLeod

Topic

Public employees.

Summary

Existing law permits the Department of Personnel Administration to charge an administrative fee to employees participating in a group legal services plan established through regulation for excluded employees and memoranda of understanding reached pursuant to the Ralph C. Dills Act. This bill would in addition permit the department to charge an administrative fee to annuitants participating in a group legal services plan established through regulation for annuitants. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Senate Bill 1601 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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SB 1607

Author

Romero

Topic

Reading and language arts: framework.

Summary

Existing law requires the State Board of Education to adopt regulations concerning the development of curriculum frameworks and the adoption of instructional materials. This bill would require the state board to include a chapter that provides for language and content instruction focusing particularly on those English learners who have been designated to be in the lowest 3 proficiency levels pursuant to the California English Language Development Test in the next revision cycle of the Reading/Language Arts framework and evaluation criteria.

Veto Message

I am returning Senate Bill 1607 without my signature. I vetoed similar legislation in 2006 and am concerned that this bill circumvents the decision by the State Board of Education on this issue. The State Board thoroughly vetted the issue in its deliberations and this measure contradicts that decision. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 1674

Author

Torlakson

Topic

Before and after school programs.

Summary

The After School Education and Safety Program Act of 2002, enacted by the initiative measure Proposition 49, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The act authorizes the administrators of a program established pursuant to the act to operate during any combination of summer, intersession, or vacation periods for a minimum of 3 hours per day for the regular school year. This bill, in addition, would authorize the administrators of a before or after school program to operate during weekends. Costs associated with providing after school activities on weekends would be paid from a program's maximum or supplemental grant. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Senate Bill 1674 without my signature. As the primary author of Proposition 49 that created the After School Education and Safety Program (ASES) Act, I am very proud of the good work that after school providers have done in serving kids over the years. While providing students with educationally enriching activities during weekend hours is a worthy goal, this bill takes the program beyond the original scope of the ASES program. After school programs are intended to provide students with access to quality tutoring, homework assistance, and educational enrichment during non-school hours, when they are most at-risk of being involved in dangerous activities - during after school hours. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 1709

Author

Alquist

Topic

The STAR Program.

Summary

Existing law establishes the Standardized Testing and Reporting Program, known as the STAR Program, pursuant to which each school district, charter school, and county office of education is required to administer an achievement test to each of its pupils in grades 3 and 7 and a standards-based achievement test to each of its pupils in grades 2 to 11, inclusive. Existing law requires the State Board of Education to adopt levels of pupil performance on these tests in reading, English language arts, and mathematics at each grade level that shall identify and establish the level of performance that is deemed to be the minimum level required for satisfactory performance in the next grade. This bill would authorize school districts to provide nonmonetary incentives to pupils in grades 7 to 11, inclusive, for achievement or improvement based upon the individual results of each pupil test administered pursuant to the STAR Program, including a designation of achievement on their diplomas. The bill would authorize and encourage school districts to solicit ideas from pupils for local incentives for achievement or improvement on the test.

Veto Message

I am returning Senate Bill 1709 without my signature. This bill is unnecessary since nothing in current law prohibits a district from creating their own nonmonetary incentives for students today, even in the absence of this measure. For this reason, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 1718

Author

Perata

Topic

Public employment: State Bargaining Unit 2: compensation.

Summary

The Ralph C. Dills Act permits state employees to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, as specified. Existing law permits an employee organization to become the exclusive representative of an appropriate unit for purposes of meeting and negotiating, as specified. Existing law requires the Governor, or his or her representative, as properly designated by law, to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations, and to consider fully any presentation that is made by an employee organization on behalf of its members prior to arriving at a determination of policy or course of action. This bill would require the Department of Personnel Administration to annually conduct a survey that would obtain specified information regarding the compensation of certain legal professionals, including attorneys employed by specified public entities and judges. The bill would require the department to issue an annual report that would include the data obtained from the surveys as well as specified analyses. The bill would also require the report to be provided to the Legislature, the Governor, and the exclusive representative of State Bargaining Unit 2, no later than March 15 of each year. The bill would specify that this report would satisfy the department's reporting requirement to the parties meeting and conferring and to the Legislature. The bill would specify that the department would absorb the cost of preparing the surveys required by these provisions from existing appropriations. The bill would make related legislative findings and declarations regarding State Bargaining Unit 2. This bill contains other existing laws.

Veto Message

I am returning Senate Bill 1718 without my signature. This bill would require the State to conduct an annual compensation survey of other public employers of attorneys, hearing officers, and administrative law judges. This bill is unnecessary. The Department of Personnel Administration (DPA) already surveys major state job sectors, including the legal professions. All surveys conducted by DPA are provided to the Legislature, Governor, and posted on DPA's public website. Bargaining units are fully able to negotiate the details of any survey done for salary determinations within the normal parameters of the collective bargaining process. Statutorily mandating the survey would remove it as a negotiable item between the parties. For these reasons, I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

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SB 1735

Author

Romero

Topic

Pupil instruction: school district residency requirements.

Summary

Existing law provides that a pupil is deemed to have complied with the residency requirements for school attendance in a school district if the pupil satisfies one of several specified requirements. This bill would require a school district to accept any documents and representations from the parent or guardian of a pupil that reasonably provide evidence that the pupil meets the residency requirements for school attendance in the school district as set forth in existing law. The bill would specify that reasonable evidence of school district residency would be established by documentation showing the name and address of the parent or guardian within the school district including, but not necessarily limited to, property tax payment receipts; rental contract, lease, or payment receipts; utility service contract, statement, or payment receipts; pay stubs; voter registration; or other evidence of using California as a permanent residence. This bill contains other related provisions.

Veto Message

I am returning Senate Bill 1735 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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SB 1749

Author

Oropeza

Topic

Precinct board members.

Summary

Under existing law, the Secretary of State is the chief elections officer of the state and he or she is required to administer the provisions of the Elections Code. Under existing law, a voter may file an application with a local elections official for the position of precinct board member and each person appointed to serve as an election officer for a precinct at any election shall constitute the precinct board for that precinct. Existing law requires the local elections official to instruct members of a precinct board regarding their duties in connection with the conduct of an election. Existing law required the Secretary of State, no later than June 30, 2005, to adopt uniform standards for the training of precinct board members, including the rights of voters, election challenge procedures, poll hours, procedures concerning the opening and closing of polling locations on election day, and relevant election laws. This bill would authorize the Secretary of State to adopt uniform standards for the online training of precinct board members. The bill would also encourage the Secretary of State to work with local elections officials to explore how often precinct board members should undergo training and to work with the Controller to provide information to state employees regarding the option to serve as a precinct board member on election day.

Veto Message

I am returning Senate Bill 1749 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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SB 1767

Author

Alquist

Topic

Education: electronic learning assessment resources.

Summary

Existing law requires the Superintendent of Public Instruction to require the California Learning Resource Network to establish review criteria and a process for the identification and review of electronic learning assessment resources. Existing law requires the review to include a descriptive model for use by administrators and teachers that differentiates and compares the capabilities of the different types of electronic learning assessment resources. This bill would specify that the review may be conducted by the California Learning Resource Network or another entity specified by the State Department of Education. The bill would require the descriptive model to include the extent to which the product is compatible with the California Longitudinal Pupil Achievement Data System (CALPADS) and the California School Information Services (CSIS). The bill would authorize the California Learning Resource Network or other entity specified by the department to issue documentation to the publisher of an electronic learning assessment resource that certifies that the California Learning Resource Network or other entity has reviewed the resource. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Senate Bill 1767 without my signature. The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. Sincerely, Arnold Schwarzenegger

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