BILL NUMBER: AB 487 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Brownley
FEBRUARY 24, 2009
An act to amend Sections 60510 and 60511 of, to add Section
60510.1 to, and to add Article 8 (commencing with Section 60120) to
Chapter 1 of Part 33 of Division 4 of Title 2 of, the Education Code,
relating to instructional materials.
LEGISLATIVE COUNSEL'S DIGEST
AB 487, as introduced, Brownley. Instructional materials: sale of
surplus or undistributed obsolete instructional materials.
(1) Existing law establishes the State Instructional Materials
Fund in the State Treasury as a means of annually funding the
acquisition of instructional materials as required by the California
Constitution. The State Instructional Materials Fund is continuously
appropriated to the State Department of Education.
This bill would establish the Surplus Instructional Materials Fund
under the administration of the Superintendent of Public
Instruction. The bill would provide that the moneys in the Surplus
Instructional Materials Fund would be available, subject to
appropriation, for allocation for the purpose of allowing school
districts, county offices of education, and charter schools to
acquire supplemental instructional materials. The bill would require
that any deposit made into the Surplus Instructional Materials Fund,
and the allocation of any moneys from this fund, including the
subsequent use of those moneys, be subject to the annual audit of
local educational agencies required by existing law.
(2) Existing law authorizes the State Board of Education and
school districts to dispose of surplus or undistributed obsolete
instructional materials that are usable for educational purposes, to
specified entities, including by sale to any organization that agrees
to use the materials solely for educational purposes and to make no
charge of any kind to the persons to whom the organization gives or
lends the materials.
This bill would also authorize county offices of education and
charter schools to dispose of surplus or undistributed obsolete
instructional materials under these provisions. The bill would delete
the provision requiring the organization to agree to use the
materials for educational purposes. The bill would require that 50%
of the proceeds of any sale of surplus or undistributed obsolete
instructional materials made under these provisions to be remitted to
the state and deposited in the Surplus Instructional Materials Fund.
The bill would also delete a provision requiring the organization to
certify that it agrees to use the materials for educational purposes
and make no charge to the persons to whom the organization gives or
lends the materials.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 8 (commencing with Section 60120) is added to
Chapter 1 of Part 33 of Division 4 of Title 2 of the Education Code,
to read:
Article 8. Surplus Instructional Materials Fund
60120. (a) The Surplus Instructional Materials Fund is hereby
established in the State Treasury under the administration of the
Superintendent.
(b) All moneys in the Surplus Instructional Materials Fund are
available, subject to an appropriation in the annual Budget Act or in
another statute and in accordance with provisions that may be
attached to that appropriation, for allocation by the Superintendent
for the purpose of allowing school districts, county offices of
education, and charter schools to acquire supplemental instructional
materials.
(c) All moneys that are allocated from the Surplus Instructional
Materials Fund pursuant to this article shall be counted toward
satisfaction of the minimum funding obligation required by Section 8
of Article XVI of the California Constitution.
(d) All moneys that are appropriated from the Surplus
Instructional Materials Fund shall supplement, rather than supplant,
existing funds available for instructional materials.
(e) Any deposit made into the Surplus Instructional Materials
Fund, and the allocation of any moneys from this fund, including the
subsequent use of those moneys, shall be subject to the annual audit
conducted pursuant to Section 41020.
SEC. 2. Section 60510 of the Education Code is amended to read:
60510. The state board, the governing board of any
a school district that employs a
superintendent of schools, and other school districts with the
approval of the county superintendent of schools , a
county office of education, or a charter school may dispose of
surplus or undistributed obsolete instructional materials in their
possession that are usable for educational purposes in any of the
following ways:
(a) By donation to any a governing
board, county free library , or other state institution.
(b) By donation to any a public
agency or institution of any territory or possession of the United
States, or the government of any a
country that formerly was a territory or possession of the United
States.
(c) By donation to any a nonprofit
charitable organization.
(d) By donation to children or adults in the State of California,
or foreign countries for the purpose of increasing the general
literacy of the people.
(e) By sale to any organization that agrees to use the
materials solely for educational purposes .
SEC. 3. Section 60510.1 is added to the Education Code, to read:
60510.1. Fifty percent of the proceeds of any sale of surplus or
undistributed obsolete instructional materials made pursuant to
subdivision (e) of Section 60510 shall be remitted to the state and
deposited in the Surplus Instructional Materials Fund established
pursuant to Article 8 (commencing with Section 60120) of Chapter 1.
SEC. 4. Section 60511 of the Education Code is amended to read:
60511. Any organization, agency , or institution
receiving obsolete instructional materials under
donated pursuant to the provisions of this article
must shall certify to the governing
board of the school district, the county board of education, or
the principal or chief executive officer of the charter
school, as appropriate, that it agrees to use
the materials will be used for educational
purposes and agrees to make no charge of any kind to the
persons to whom the organization gives or lends such materials
.