BILL NUMBER: AB 677	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 17, 2011

   An act to add Section 41344.5 to the Education Code, and to repeal
Section 11 of Chapter 14 of the Statutes of 2003, relating to
education finance.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 677, as introduced, Skinner. Education finance: Oakland Unified
School District: sale of surplus property.
   (1) Existing law appropriates $100,000,000 from the General Fund
to the Superintendent of Public Instruction for apportionment to the
Oakland Unified School District as an emergency loan. Existing law
authorized the Oakland Unified School District, from June 1, 2003, to
June 30, 2007, inclusive, to sell property owned by the district and
to use the proceeds from the sale to reduce or retire that emergency
loan. Existing law also prohibited the Oakland Unified School
District from being eligible for financial hardship assistance under
the Leroy F. Greene School Facilities Act of 1998 during that period
of June 1, 2003, to June 30, 2007.
   This bill would place the provisions authorizing the Oakland
Unified School District to sell property and prohibiting eligibility
for financial hardship assistance in the Education Code, and provide
that these provisions would operate from January 1, 2012, to June 30,
2016, inclusive.
   (2) This bill would make legislative findings and declarations as
to the necessity of a special statute for the Oakland Unified School
District.
   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.  Section 41344.5 is added to the Education Code, to
read:
   41344.5.  (a) Notwithstanding Sections 17456, 17457, 17462, and
17463, or any other law, from January 1, 2012, to June 30, 2016,
inclusive, the Oakland Unified School District may sell property
owned by the district and use the proceeds from the sale to reduce or
retire the emergency loan provided in Section 9 of Chapter 14 of the
Statutes of 2003. The sale only of property pursuant to this
subdivision is not subject to Section 17388, 17459, or 17464.
   (b) Notwithstanding any other provision of law, from January 1,
2012, to June 30, 2016, inclusive, the Oakland Unified School
District is not eligible for hardship assistance pursuant to Article
8 (commencing with Section 17075.10) of Chapter 12.5 of Part 10 of
Division 1 of Title 1.
  SEC. 2.  Section 11 of Chapter 14 of the Statutes of 2003, as
amended by Section 51 of Chapter 677 of the Statutes of 2005, is
repealed. 
   Sec. 11.  (a) Notwithstanding Sections 17456, 17457, 17462, and
17463 of the Education Code, or any other law, from June 1, 2003, to
June 30, 2007, inclusive, the Oakland Unified School District may
sell property owned by the district and use the proceeds from the
sale to reduce or retire the emergency loan provided in Section 9 of
this act. The sale only of property pursuant to this subdivision is
not subject to Section 17459 or 17464 of the Education Code.
   (b) Notwithstanding any other provision of law, from June 1, 2003,
to June 30, 2007, inclusive, the Oakland Unified School District is
not eligible for financial hardship assistance pursuant to Article 8
(commencing with Section 17075.10) of Chapter 12.5 of Part 10 of the
Education Code. 
  SEC. 3.  The Legislature finds and declares that, due to the unique
circumstances relating to the fiscal emergency in the Oakland
Unified School District, a general statute cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution, and the enactment of this special statute is therefore
necessary.