BILL NUMBER: AB 487	CHAPTERED
	BILL TEXT

	CHAPTER  321
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  AUGUST 24, 2009
	PASSED THE ASSEMBLY  AUGUST 27, 2009
	AMENDED IN SENATE  JULY 14, 2009
	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Members Brownley and Anderson

                        FEBRUARY 24, 2009

   An act to amend Sections 60510 and 60511 of, and to add Section
60510.1 to, the Education Code, relating to instructional materials.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 487, Brownley. Instructional materials: sale of surplus or
undistributed obsolete instructional materials.
   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 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 all of the proceeds of any sale
of surplus or undistributed obsolete instructional materials made
under these provisions be available for school districts and county
offices of education 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.



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

  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 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. 2.  Section 60510.1 is added to the Education Code, to read:
   60510.1.  All 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 and county offices of education to acquire basic
instructional materials, supplemental instructional materials, or
technology-based materials.
   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 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.