BILL NUMBER: SB 405	CHAPTERED  06/28/05

	CHAPTER  20
	FILED WITH SECRETARY OF STATE  JUNE 28, 2005
	APPROVED BY GOVERNOR  JUNE 27, 2005
	PASSED THE ASSEMBLY  JUNE 15, 2005
	PASSED THE SENATE  APRIL 7, 2005

INTRODUCED BY   Senator Battin

                        FEBRUARY 17, 2005

   An act to add Section 18343 to the Education Code, relating to the
Banning Unified School District.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 405, Battin  Library district: Banning Unified School District.

   (1) Existing law authorizes the Board of Trustees of the Santa
Paula Union School District in Ventura to provide, by resolution,
that the Santa Paula Union High School Public Library District shall
be governed by a separate board of trustees, as specified.
   This bill would authorize the Board of Trustees of the Banning
Unified School District to provide, by resolution, that the Banning
Unified School District Library District shall be governed by a
separate governing board, as specified.
   (2) The bill would state the findings and declarations of the
Legislature as to the necessity of special laws with respect to the
Banning Unified School District.


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


  SECTION 1.  Section 18343 is added to the Education Code, to read:

   18343.  (a) The governing board of the Banning Unified School
District may, by resolution, provide that the Banning Unified School
District Library District shall be governed by a separate governing
board. Upon adoption, the resolution shall be filed with the County
Clerk of the County of Riverside.
   (b) Upon the effective date of the resolution adopted pursuant to
subdivision (a), the name of the Banning Unified School District
Library District shall be the Banning Library District.
   (c) The governing board shall consist of five members, each of
whom shall be a registered voter residing within the library
district.
   (d) Except for the initial board, members appointed pursuant to
paragraph (1) of subdivision (f), and members described in
subdivision (h), of the governing board shall hold office for a fixed
term of four years, beginning on the last Friday in November next
succeeding their appointment or election.
   (e) Within 60 days after filing with the County Clerk of the
County of Riverside of the resolution adopted pursuant to subdivision
(a), the Board of Supervisors of the County of Riverside shall
appoint the initial governing board of the library district. The
appointments shall be made from the membership of the Library
Commission of the Banning Unified School District Library District.
   (f) The first board of trustees shall, at their first meeting, so
classify themselves by lot that their terms shall expire:
   (1) Two on the last Friday in November of the first even-numbered
calendar year succeeding his or her appointment.
   (2) Three on the last Friday of November of the second succeeding
even-numbered calendar year.
   (g) The library district shall continue to receive revenues,
including apportioned property taxes and authorized special taxes as
if it were still the Banning Unified School District Library
District. There shall be no change in district powers or
responsibilities.
   (h) Notwithstanding any other provision of law, those persons
elected to the governing board in 2007 shall hold office for a fixed
five-year term.
  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances applicable to the Banning Unified
School District.