AB 487 Assembly Bill

BILL NUMBER: AB 487	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly  Member   Brownley
  Members   Brownley   and Anderson


                        FEBRUARY 24, 2009

   An act to amend Sections 60510 and 60511 of,  and  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 amended, 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 or technology-based
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 
    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   General 
Fund and that the remaining 50% be available for school districts
 ,   and  county offices of education
 , and charter schools  to acquire basic
instructional materials, supplemental instructional materials, or
technology-based materials. 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 or technology-based 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 1.   Section 60510 of
the Education Code is amended to read:
   60510.  The state board, the governing board of a school district,
 or  a county office of education  , or a charter
school  may dispose of surplus or undistributed obsolete
instructional materials in its possession that are usable for
educational purposes in any of the following ways:
   (a) By donation to a governing board, county free library, or
other state institution.
   (b) By donation to a public agency or institution of any territory
or possession of the United States, or the government of a country
that formerly was a territory or possession of the United States.
   (c) By donation to 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.
   SEC. 3.   SEC. 2.   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   General Fund  . The remaining 50
percent of the proceeds of any sale of surplus or undistributed
obsolete instructional materials made pursuant to subdivision (e) of
Section 60510 shall be available for school districts  ,
county offices of education, and charter schools   and
county offices of education  to acquire basic instructional
materials, supplemental instructional materials, or technology-based
materials.
   SEC. 4.   SEC. 3.   Section 60511 of the
Education Code is amended to read:
   60511.  Any organization, agency, or institution receiving
obsolete instructional materials donated pursuant to this article
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   or the county board of
education  , as appropriate, that it agrees to make no charge of
any kind to the persons to whom the organization gives or lends
those materials.