BILL NUMBER: AB 1240 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 27, 2009
PASSED THE ASSEMBLY SEPTEMBER 1, 2009
AMENDED IN SENATE JULY 23, 2009
AMENDED IN ASSEMBLY APRIL 29, 2009
INTRODUCED BY Assembly Member Davis
FEBRUARY 27, 2009
An act to amend Sections 81361, 81367, 81370, 81372, and 81375 of,
to add Section 81523.5 to, and to repeal Sections 81371 and 81373
of, the Education Code, relating to community colleges.
LEGISLATIVE COUNSEL'S DIGEST
AB 1240, Davis. Community colleges: leasing of buildings: sale of
district property.
(1) Existing law allows the governing board of a community college
district to lease temporary-use buildings. Existing law provides
that any lease of a temporary-use building that is for more than a
total of three years, or is under a lease-purchase contract, is
subject to compliance with existing law providing for the
construction of school buildings under the supervision of the
Department of General Services pursuant to specified standards.
This bill would allow the Los Angeles Community College District
to lease a temporary use building that is 50,000 square feet or less
for up to a total of 5 years without being subject to compliance with
the above provisions of existing law regarding building standards.
The bill would provide that this provision would not apply to leases
with an effective date or effective renewal date that is after
January 1, 2015.
This bill would make a legislative declaration regarding the need
for a special statute regarding the Los Angeles Community College
District.
(2) Existing law allows the governing board of a community college
district to sell or lease any real property belonging to the
district. Existing law requires the district to call for oral bids
before accepting any written proposals to sell or lease district
property. Existing law requires the board to accept an oral bid if it
exceeds the highest written proposal by 5%.
This bill would repeal the provisions relating to oral bids.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 81361 of the Education Code is amended to read:
81361. The governing board of a community college district that
has by majority vote established a standard rate or rates for the
lease pursuant to this article of its real property may by majority
vote delegate to an officer or employee as the governing board may
designate, the power to enter into leases, for and in behalf of the
district, of any real property of the district, with respect to which
real property the district has received only one sealed proposal
that conforms with the existing standard rate or rates, from a
responsible bidder.
SEC. 2. Section 81367 of the Education Code is amended to read:
81367. If, in the discretion of the board, it is advisable to
offer to pay a commission to a licensed real estate broker who is
instrumental in obtaining any proposal, the commission shall be
specified in the resolution. No commission shall be paid unless there
is contained in or with the sealed proposal that is finally accepted
the name of the licensed real estate broker to whom it is to be
paid, and the amount or rate thereof. Any commission shall, however,
be paid only out of money received by the board from the sale or
rental of the real property.
SEC. 3. Section 81370 of the Education Code is amended to read:
81370. (a) At the time and place fixed in the resolution for the
meeting of the governing body, all sealed proposals that have been
received shall, in public session, be opened, examined, and declared
by the board. Except as provided in subdivision (b), of the proposals
submitted that conform to all terms and conditions specified in the
resolution of intention to sell or to lease and that are made by
responsible bidders, the sealed proposal that is the highest, after
deducting therefrom the commission, if any, to be paid a licensed
real estate broker in connection therewith, shall be finally
accepted, unless the board rejects all of these bids.
(b) Notwithstanding subdivision (a), the governing board of any
community college district may apply to the Board of Governors of the
California Community Colleges for a waiver of the requirement that
the governing board accept the highest responsible bid for the sale
or lease of real property. The board of governors may grant a waiver
pursuant to this subdivision if it determines that the waiver is in
the best interests of the community college district.
SEC. 4. Section 81371 of the Education Code is repealed.
SEC. 5. Section 81372 of the Education Code is amended to read:
81372. (a) The governing board by majority vote may adopt a rule
delegating to an officer or employee of the district the authority to
perform the duties required to be performed by the governing board
under Section 81370. If a delegation rule is adopted pursuant to this
subdivision, the resolution required in Section 81365 shall specify,
in lieu of the public meeting of the governing board to be held at
its regular place of meeting, the place at which the designated
officer or employee will receive and open sealed proposals to
purchase or lease.
(b) All other provisions of this article not in conflict with the
delegation of this authority are applicable. However, the final
acceptance of a bid, or rejection of all bids, shall be made by the
governing board at a public meeting.
SEC. 6. Section 81373 of the Education Code is repealed.
SEC. 7. Section 81375 of the Education Code is amended to read:
81375. The governing body may at the session, if it deems it
would be for the best public interest, reject any and all bids, and
withdraw the property from sale or lease.
SEC. 8. Section 81523.5 is added to the Education Code, to read:
81523.5. (a) Notwithstanding subdivision (d) of Section 81523, in
order to adequately assess long-term site viability, any temporary
use building that is 50,000 square feet or less which the Los Angeles
Community College District leases under one, or successive leases,
for a total time of five years or less, and in which students or
faculty are expected to enter, shall be exempt from the provisions of
Article 7 (commencing with Section 81130) and Article 8 (commencing
with Section 81160) of Chapter 1.
(b) This section does not apply to a lease with an effective date
or effective renewal date that is on or after January 1, 2015.
SEC. 9. The Legislature finds and declares that due to unique
circumstances regarding the Los Angeles Community College District, a
general statute cannot be made applicable within the meaning of
Section 16 of Article IV of the California Constitution.