BILL NUMBER: AB 300 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2007
INTRODUCED BY Assembly Member Nunez
FEBRUARY 9, 2007
An act to amend Section 64201 of the Education Code,
relating to education. An act relating to public
contracts, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 300, as amended, Nunez. Education: Quality Education
Model. Public Contracts: 2016 Olympic Games and
Paralympic Games.
Existing law provides specified requirements in awarding certain
public contracts.
This bill would authorize the Governor to sign agreements required
by the United States Olympic Committee as part of the bid process
for Los Angeles to become the United States applicant city and
candidate city for the 2016 Olympic Games and Paralympic Games.
This bill would make legislative findings and declarations that,
among other things, the Southern California Committee for the Olympic
Games has developed a self-sufficient bid for financing the games.
This bill would authorize the Governor to enter into an agreement for
the state to be jointly liable, not to exceed a specified amount,
with the Organizing Committee for Olympic Games (OCOG), as specified,
for obligations of OCOG, and for any financial deficit relating to
the games, as provided.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law establishes the California Quality Education
Commission for the purpose of developing, evaluating, validating, and
refining a Quality Education Model for prekindergarten through grade
12. Existing law repeals that provision on January 1, 2008.
This bill would delete an obsolete date reference in that
provision.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act is known, and may be cited as,
The 2016 Olympic Games and Paralympic Games Act.
SEC. 2. For purposes of this act:
(a) "Applicant committee agreement" means agreements to be entered
into between the Organizing Committee for the Olympic Games (OCOG)
and the United States Olympic Committee (USOC) if, and upon, the USOC'
s selection on about April 14, 2007, of the City of Los Angeles as
the official United States candidate city.
(b) "Bid committee agreement" means agreements entered into
between the OCOG and the USOC governing the OCOG and the bid process.
(c) "Endorsing municipality" means the City of Los Angeles, which
has authorized a bid by a OCOG for selection of the municipality as
the site of the Olympic Games and Paralympic Games.
(d) "Games" means the 2016 Olympic Games.
(e) "Games support contract" means a joinder undertaking, a
joinder agreement, or a similar contract executed by the Governor and
containing terms permitted or required by this act.
(f) "Joinder agreement" means an agreement entered into by:
(1) The Governor, on behalf of this state, and a site selection
organization setting out representations and assurances by the state
in connection with the selection of a site in this state for the
location of the games.
(2) The endorsing municipality and a site selection organization
setting out representations and assurances by the endorsing
municipality in connection with the selection of a site in this state
for the location of the games.
(g) "Joinder undertaking" means an agreement entered into by:
(1) The Governor, on behalf of this state, and a site selection
organization that the state will execute a joinder agreement in the
event that the site selection organization selects a site in this
state for the games.
(2) The endorsing municipality and a site selection organization
that the endorsing municipality will execute a joinder agreement in
the event that the site selection organization selects a site in this
state for the games.
(h) "OCOG" means a nonprofit corporation, or its successor in
interest, that:
(1) Has been authorized by the endorsing municipality to pursue an
application and bid on the applicant's behalf to a site selection
organization for selection as the site for the games.
(2) With the authorization of the endorsing municipality, has
executed the bid committee agreement with a site selection
organization regarding a bid to host the games.
(i) "Site selection organization" means the United States Olympic
Committee, the International Olympic Committee, the International
Paralympic Committee, all three or some combination, as applicable.
SEC. 3. The Legislature finds and declares all of
the following:
(a) The purpose of this act is to provide assurances required by a
site selection organization sponsoring the games.
(b) The Southern California Committee for the Olympic Games
(SCCOG) has submitted a bid to the United States Olympic Committee to
host the games in the Los Angeles area, with the City of Los Angeles
as the official candidate city.
(c) Hosting the games in the Los Angeles area is expected to
generate billions of dollars for the regional economy. SCCOG has
developed a self-sufficient bid for financing games that is based on
realistic and conservative revenue scenarios. SCCOG has budgeted
sufficient funds to reimburse security and other service costs
provided by local regional governments during the games.
(d) SCCOG plans to host an environmentally responsible games; has
committed to sports and recreational opportunities for young people
throughout the Los Angeles area by planning to generate a legacy for
youth programs and other sports purposes in California with excess
revenues from the games; and plans to develop and implement a unique
and broad-based, statewide cultural program.
(e) SCCOG has involved athletes, sports professionals,
environmentalists, business and financial experts, nonprofit
organizations, youth service leaders, and individuals who represent
the entire diversity of the Los Angeles area in its bid and board of
directors.
(f) Los Angeles is one of two remaining bid cities throughout the
country to be evaluated by the United States Olympic Committee (USOC)
to be the United States candidate city for the games. SCCOG has
submitted a bid to the USOC on behalf of Los Angeles to host sporting
events for the games in Los Angeles, San Francisco, San Diego,
Anaheim, Arcadia, Carson, Inglewood, Irvine, Long Beach, Monterey
Park, Pasadena, Pomona, San Dimas, San Juan Capistrano, and several
other cities and counties. The USOC requires that all bid states, bid
cities, and bid committees execute certain agreements including the
joinder undertaking, which joinder undertaking must be executed on or
before March 31, 2007.
(g) SCCOG expects that if Los Angeles is chosen as the host city,
and once the games have concluded, there will be net revenue
exceeding expenses that can be devoted to legacy programs for youth
and citizens of California.
SEC. 4. (a) The Governor may agree, in accordance
with law and subject to Sections 5 and 6 of this act, in a joinder
undertaking entered into with a site selection organization that:
(1) The Governor shall execute a joinder agreement if the site
selection organization selects a site in this state for the games.
(2) The state shall refrain, during the period, or any portion
thereof, between the execution of the joinder undertaking and award
by the International Olympic Committee (IOC) of the games to a host
city, from becoming a party to or approving or consenting to any act,
contract, commitment, or other action contrary to, or which might
affect, any of the obligations stipulated in the joinder agreement.
(3) The Governor may agree that any dispute in connection with the
joinder undertaking arising during the period between the execution
of the joinder undertaking and the IOC's award of the games to a host
city shall be definitively settled as provided in the bid committee
agreement.
(b) The Governor may agree in a joinder agreement that the state
shall, in accordance with law and subject to Sections 5 and 6 of this
act, do the following:
(1) Provide or cause to be provided any or all of the state
government funding, facilities, and other resources specified in the
OCOG's bid to host the games.
(2) The state will be liable, solely by means of the funding
mechanism established by Sections 5 and 6 of this act, for:
(A) Obligations of the OCOG to a site selection organization,
including obligations indemnifying the site selection organization
against claims of and liabilities to third parties arising out of or
relating to the games.
(B) Any financial deficit relating to the OCOG or the games.
(3) The state's liability shall not exceed the amount of funds
appropriated to the Olympic Games Trust Fund established in Section 5
of this act. Any liability above this amount shall be the
responsibility of the OCOG.
(4) Acknowledge that the OCOG will be bound by a series of
agreements with the site selection organization as set forth in the
joinder agreement.
(C) The Governor shall execute a joinder undertaking and a joinder
agreement, provided the parties conform with this act.
(D) A games support contract may contain any additional provisions
the Governor requires in order to carry out the purposes of this
act.
SEC. 5. (a) There is hereby established in the
State Treasury a special fund to be known as the "Olympic Games Trust
Fund."
(b) The state may choose to fund the Olympic Games Trust Fund in
any manner it considers appropriate, and at the time or times the
state determines necessary. It is the intent of the Legislature that
the funding mechanism for the fund shall be determined on or about
the time of the selection of the endorsing municipality as the host
city by the International Olympic and Paralympic Committees.
(c) The funds in the trust fund may be used only for the sole
purpose of fulfilling the obligations of the state under a games
support contract to provide adequate security as described in Section
6.
(d) No additional state funds shall be deposited into the Olympic
Games Trust Fund once the Director of Finance determines that the
account has achieved, or is reasonably expected to otherwise accrue,
a sufficient balance to provide adequate security, acceptable to the
site selection organization, to demonstrate the state's ability to
fulfill its obligations under a games support contract, or any other
agreement, to indemnify and insure up to two hundred fifty million
dollars ($250,000,000) of any net financial deficit and general
liability resulting from the conduct of the games.
(e) If the endorsing municipality is selected by the site
selection organization as the host city for the games, the Olympic
Games Trust Fund shall be maintained until a determination by the
Department of Finance is made that the state's obligations under a
games support contract, or any other agreement, to indemnify and
insure against any net financial deficit and general liability
resulting from the conduct of the games are satisfied and concluded,
at which time the trust fund shall be terminated. If the endorsing
municipality in the State of California is not selected by the United
States Olympic Committee as the United States candidate city to host
the games, or if the endorsing municipality is not selected by the
IOC as the host city for the games, the Olympic Games Trust Fund
shall be immediately terminated.
(f) Upon the termination of the Olympic Games Trust Fund, all sums
earmarked, transferred, or contained in the fund, along with any
investment earnings retained in the fund, shall immediately revert to
the General Fund.
SEC. 6. (a) Any moneys deposited, transferred, or
otherwise contained in the Olympic Games Trust Fund established in
Section 5 shall be, upon appropriation by the Legislature, used for
the sole purpose of obtaining adequate security, acceptable to the
United States Olympic Committee and the International Olympic and
Paralympic Committees, to demonstrate the state's ability to fulfill
its obligations under a games support contract to indemnify and
insure up to two hundred fifty million dollars ($250,000,000) of any
general liability and net financial deficit resulting from the
conduct of the games. The security may be provided by moneys
contained in the trust fund as provided in Section 5 of this act, or
by insurance coverage, letters of credit, or other acceptable secured
instruments purchased or secured by the moneys, or by any
combination thereof. In no event may the liability of the state under
all games support contracts, any other agreements related to the
conduct of the games, and all financial obligations of the state
otherwise arising under this act, exceed two hundred fifty million
dollars ($250,000,000) in the aggregate.
(b) Obligations authorized by this act shall be payable solely
from the Olympic Games Trust Fund. Neither the full faith and credit
nor the taxing power of the state are or may be pledged for any
payment under any obligation authorized by this act.
SEC. 7. The state shall be the payer of last
resort with regard to any net financial deficit as defined in this
act. The security provided pursuant to this act may not be accessed
to cover any general liability and net financial deficit indemnified
by the state under the games support contract until:
(a) The security provided by the OCOG is fully expended and
exhausted.
(b) Any security provided by any other person or entity is fully
expended and exhausted.
(c) The limits of available insurance policies covering any
general liability obligation and the net financial deficit, or any
expense or liability used in determining the net financial deficit,
have been fully expended and exhausted.
(d) Payment has been sought by the OCOG from all third parties
owing moneys or otherwise liable to the OCOG.
SEC. 8. The OCOG shall list the state as an
additional insured on any policy of insurance purchased by the OCOG
to be in effect in connection with the preparation for and conduct of
the games.
SEC. 9. The OCOG may not engage in any conduct
that reflects unfavorably upon this state, the endorsing
municipality, or the games, or that is contrary to law or to the
rules and regulations of the United States Olympic Committee and the
International Olympic and Paralympic Committees.
SEC. 10. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to meet deadlines for the bid process for the 2016
Olympic Games, it is necessary that this act go into immediate
effect.
SECTION 1. Section 64201 of the Education Code
is amended to read:
64201. (a) The California Quality Education Commission is hereby
established for the purpose of developing, evaluating, validating,
and refining a Quality Education Model for prekindergarten through
grade 12, inclusive, to provide state policymakers with adequate
tools to enable them to establish the reasonable costs of schools and
the best direct available resources so that the vast majority of
pupils may meet academic performance standards established by the
state. The work of the commission shall serve to implement the
principles and direction described in the final report of the Joint
Committee to Develop a Master Plan for Education, and shall identify
the educational components, educational resources, and corresponding
costs necessary to provide the opportunity for a quality education to
every pupil.
(b) (1) The commission shall be composed of 13 members, who shall
be representative of the diversity of the state population, and shall
include:
(A) Leaders from business and education.
(B) Representatives of elementary schools, middle schools, and
high schools.
(C) Representatives of urban districts, suburban districts, and
rural districts.
(D) Representatives of the research community with experience in
educational policy and best practices.
(2) Except for the first appointments to the California Quality
Education Commission, a member shall serve a four-year term. A person
may not be appointed to serve more than two consecutive terms. The
first terms of the members first appointed to the California Quality
Education Commission shall be as follows:
(A) Three shall serve a term expiring August 1, 2005.
(B) Five shall serve a term expiring August 1, 2006.
(C) Five shall serve a term expiring August 1, 2007.
(3) The commission members shall be appointed as follows:
(A) Seven members shall be appointed by the Governor and approved
by the Senate. Of the seven members appointed by the Governor and
approved by the Senate, one shall be a currently employed public
school teacher, one shall be a currently employed public school
administrator, and one shall be a current public school board member.
The terms of these members first appointed shall be staggered so
that the terms of two members shall expire on August 1, 2005, the
terms of two members shall expire on August 1, 2006, and the terms of
three members shall expire on August 1, 2007.
(B) Two members shall be appointed by the Senate Committee on
Rules. The terms of these members first appointed shall be staggered
so that the term of one member shall expire on August 1, 2006, and
the term of the other shall expire on August 1, 2007.
(C) Two members shall be appointed by the Speaker of the Assembly.
The terms of these members first appointed shall be staggered so
that the term of one member shall expire on August 1, 2006, and the
term of the other shall expire on August 1, 2007.
(D) Two members shall be appointed by the Superintendent of Public
Instruction. The terms of these members first appointed shall be
staggered so that the term of one member shall expire on August 1,
2005, and the term of the other shall expire on August 1, 2006.
(4) (A) The commission, by majority vote of all its sitting
members, shall elect its own chairperson from among its sitting
members.
(B) The commission shall appoint an executive director, who shall
be exempt from the State Civil Service Act (Part 2 (commencing with
Section 18500) of Division 3 of Title 2 of the Government Code), and
may in its discretion remove him or her by a majority vote of all its
members. The executive director shall be the secretary to the
commission and the commission's chief executive officer. The
executive director shall receive the salary that the commission
determines, and, subject to appropriations, other prerequisites that
the commission determines.
(C) Pursuant to subdivision (a) of Section 11126 of the Government
Code, the commission may hold closed sessions when considering
matters relating to the recruitment, appointment, employment, or
removal of the executive director. Decisions made during a closed
session of the commission related to the recruitment, appointment,
employment, or removal of the executive director shall be made known
at the next public meeting of the commission.
(5) (A) A vacancy on the commission shall be filled within 30 days
by the appointing power that appointed the prior holder of the
position. An appointment to fill a vacancy shall be for the remaining
portion of the term of the member whom the appointee succeeds. A
vacancy may not impair the right of the remaining sitting members to
exercise all of the powers of the commission.
(B) A majority of the sitting members of the commission
constitutes a quorum for the transaction of business.
(C) "Sitting member" means an individual who has been appointed
and is currently serving on the California Quality Education
Commission.
(c) The commission shall do all of the following:
(1) Identify key issues to address in developing, evaluating,
validating, and refining the Quality Education Model. The commission
shall develop complete descriptions of prototype schools, at least
one for each of the three levels of elementary and secondary
education, to form models that fairly capture the diversity of public
schools in California.
(2) Determine an adequate base funding amount for each of the
three prototype schools.
(3) Recommend funding adjustments to allow schools that meet
certain criteria to receive additional funding beyond the base
funding amount. The funding adjustments shall be limited to both of
the following:
(A) A district characteristic adjustment that focuses on the
extraordinary needs of certain schools due to their geographic
locations, including transportation needs and weather challenges.
(B) A pupil characteristic adjustment that is limited to the
following three areas:
(i) Special education programs.
(ii) Services for English language learners who have been enrolled
in California public schools for less than five years.
(iii) Programs for low-income pupils.
(4) Establish a category of grants to be known as initiatives that
shall be limited in duration and serve either of the following
purposes:
(A) To pilot and evaluate a proposed new program at one or two
schools prior to implementing the program statewide.
(B) To meet a school's immediate but temporary needs for
additional funding to mitigate the effects of an unforeseen
short-term problem faced by the school.
(5) Focus on practical alternatives that are achievable within the
minimum funding requirements for school districts and community
college districts imposed by Section 8 of Article XVI of the
California Constitution.
(6) Solicit comments, criticisms, and suggestions from
professional educators, education administrators, and education
policy experts relative to the elements of the Quality Education
Model. The commission shall consult expert panels for advice relating
to research-based, best practices most associated with high pupil
achievement.
(7) Solicit public comments, criticisms, and suggestions relative
to the elements of the Quality Education Model. The commission shall
provide the public with information sufficient to enable interested
members of the public to understand the process being used to
evaluate, validate, and refine the Quality Education Model, and the
reasonable choices or options under consideration. The commission
shall provide the public with information explaining the criteria and
models chosen and the basis for those choices.
(8) Rely upon the most accurate available cost data, cost
estimation methods, and reasonable and expert assumptions in those
instances in which data are lacking. The commission shall identify
data gaps, modeling assumptions, and recommendations for near-term
and long-term improvement of the model.
(9) Deliver a report, comprised of the prototype models and the
commission's findings and recommendations, to the Governor and
Legislature no later than 12 months after the commission first
convenes. The report shall include recommendations for any statutory
changes to conform the existing school finance structure to the
Quality Education Model proposed in the report.
(d) The commission shall, upon delivery of the report, continue as
a standing commission, its members serving staggered terms, with the
following responsibilities:
(1) To test the Quality Education Model's reliability, by
evaluating the accuracy of the cost elements and assessing whether
moneys are actually used to desired effects.
(2) To refine the means with which to account for missing
elements, including intangible factors or quality indicators that
affect pupil achievement and for which data are not readily
available.
(3) To identify the Quality Education Model's assumptions, assess
the validity of those assumptions, and improve their accuracy,
especially by finding those resources and methods that successful
schools embody.
(4) To develop the capacity to estimate and forecast factors,
including the cost of the Quality Education Model's implementation
given model refinement, the growth of applicable revenues, the pace
of implementation, and the effects of the model on pupil performance.
(5) To make recommendations for improvements in the state's
data-gathering systems.