BILL NUMBER: AB 1748	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 17, 2012

   An act to amend Section 81378.1 of the Education Code, relating to
community colleges.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1748, as introduced, Fong. California Community Colleges: fair
market value of leases.
   Existing law establishes the California Community Colleges, under
the administration of the Board of Governors of the California
Community Colleges, as one of the segments of public postsecondary
education in this state. Existing law establishes community college
districts, administered by a governing board, throughout the state.
Existing law authorizes the governing board of a community college
district to let in the name of the district specified property not
needed for academic activities, and prohibits the fair market value
of that lease from exceeding $25,000 per year, as certified by the
governing board.
   This bill would remove the requirement that the lease not exceed
$25,000 per year.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 81378.1 of the Education Code is amended to
read:
   81378.1.  (a) The governing board of a community college district
may, without complying with any other provision of this article, let
in the name of the district any buildings, grounds, or space therein,
together with any personal property located thereon, not needed for
academic activities, upon the terms and conditions agreed upon by the
governing board and the lessee for a period of more than five days
but less than five years, as determined by the governing board.
 The fair market value of the lease of any buildings,
grounds, or space therein, together with any personal property
located thereon, let pursuant to this section shall not exceed
twenty-five thousand dollars ($25,000) per year, as certified by the
governing board. Prior to   Before  executing the
lease, the governing board shall include in an agenda of a meeting of
the board open to the public a description of the proposed lease and
an explanation of the methodology used to establish the lease rate
and for determining the fair market value of the lease.
   (b) The governing board shall give public notice  prior to
  before  taking any action pursuant to
subdivision (a). The notice shall include a description of the
governing board's intended action. The notice shall be printed once a
week for three successive weeks prior to the board meeting described
in subdivision (a) in a newspaper of general circulation that is
published at least once a week.
   (c) The governing board shall include  ,  as a condition
in any agreement to let any buildings, grounds, or space therein,
together with any personal property located thereon, a provision that
the agreement shall be subject to renegotiation and may be rescinded
after 60 days' notice to the lessee if the governing board
determines at any time during the term of the agreement that the
buildings, grounds, or space therein subject to the agreement are
needed for academic activities. Any revenue derived pursuant to the
agreement shall be retained for the exclusive use of the community
college district whose buildings, grounds, or space therein are the
basis of the agreement and shall be used to supplement, but not
supplant, any state funding. Any buildings, grounds, or space
therein, let by the district shall be included as space actually
available for use by the college in any calculations related to any
plan for capital construction submitted to the board of governors
pursuant to Chapter 4 (commencing with Section 81800)  ,  or
any other law.
   (d) The authority of a governing board under this section does not
apply to the letting of an entire campus.
   (e) The use of any buildings, grounds, or space therein, together
with any personal property located thereon, let by the governing
board pursuant to this section shall be consistent with all
applicable zoning ordinances and regulations.