BILL NUMBER: AB 2398	CHAPTERED  06/30/02

	CHAPTER  88
	FILED WITH SECRETARY OF STATE  JUNE 30, 2002
	APPROVED BY GOVERNOR  JUNE 28, 2002
	PASSED THE ASSEMBLY  JUNE 20, 2002
	PASSED THE SENATE  JUNE 17, 2002
	AMENDED IN SENATE  APRIL 22, 2002

INTRODUCED BY   Assembly Member Robert Pacheco

                        FEBRUARY 21, 2002

   An act to amend Sections 81450.5 and 81452 of the Education Code,
relating to community colleges.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2398, Robert Pacheco.  Community colleges:  surplus personal
property.
   (1) Existing law authorizes the establishment of community college
districts under the administration of community college governing
boards, and authorizes these districts to provide instruction at
community college campuses throughout the state.  Existing law
contains provisions generally governing the acquisition and
disposition of personal property by community college governing
boards, including provisions authorizing the sale of surplus personal
property under prescribed conditions.  Existing law also allows
these districts to exchange for value, sell for cash, or donate any
personal property belonging to the district if the property is
determined to be surplus, the property is exchanged with, or sold or
donated to, school districts or other community college districts and
the receipt of the property would not be inconsistent with
technology plans of the recipient district.
   This bill would allow the surplus property to also be exchanged
with, or sold or donated to, other public entities.  The bill would
also make conforming changes.
   (2) Existing law allows the governing board of a community college
district to empower, by a unanimous vote of its members, a district
employee to sell at a private sale property that does not exceed
$2,500 in value.
   This bill would substitute the $2,500 maximum valuation of the
property with a $5,000 maximum value.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 81450.5 of the Education Code is amended to
read:
   81450.5.  Notwithstanding Sections 81450 and 81452, a community
college district may, without providing the notice required by
Section 81450, exchange for value, sell for cash, or donate any
personal property belonging to the district if all of the following
criteria are met:
   (a) The district determines that the property is not required for
school purposes, that it should be disposed of for the purpose of
replacement, or that it is unsatisfactory or not suitable for school
use.
   (b) The property is exchanged with, or sold or donated to, a
school district, community college district, or other public entity
that has had an opportunity to examine the property proposed to be
exchanged, sold, or donated.
   (c) The receipt of the property by a school district or community
college district would not be inconsistent with any applicable
districtwide or schoolsite technology plan of the recipient district.

  SEC. 2.  Section 81452 of the Education Code is amended to read:
   81452.  (a) If the governing board, by a unanimous vote of those
members present, finds that the property, whether one or more items,
does not exceed in value the sum of five thousand dollars ($5,000),
the property may be sold at private sale without advertising, by any
employee of the district empowered for that purpose by the board.
   (b) Any item or items of property having previously been offered
for sale pursuant to Section 81450, but for which no qualified bid
was received, may be sold at private sale without advertising by any
employee of the district empowered for that purpose by the board.
   (c) If the board, by a unanimous vote of those members present,
finds that the property is of insufficient value to defray the costs
of arranging a sale, the property may be donated to a charitable
organization deemed appropriate by the board, or it may be disposed
of in the local public dump on order of any employee of the district
empowered for that purpose by the board.