AB 136,
as amended, Buchanan. School facilities: sale or lease of realbegin delete property.end deletebegin insert property: advisory committee.end insert
Existing law authorizes the governing board of a school district, and requires the governing board prior to the sale, lease, or rental of any excess real property, except rentals not exceeding 30 days, to appoint a district advisory committee to advise the governing board in the development of districtwide policies and procedures governing the use or disposition of school buildings or space in school buildings that is not needed for school purposes. Existing law requires the advisory committee to consist of between 7 and 11 members and to be representative of specified populations.
end insertbegin insertThis bill would require the governing board to appoint at least 2 members to the advisory committee with expertise in environmental impact, legal contracts, building codes, and land use planning, as specified. This bill would require the advisory committee to consist of between 8 and 12 members.
end insertbegin insertBy requiring the governing board of a school district to appoint 2 members with expertise in environmental impact, legal contracts, building costs, and land use planning, this bill would impose a state-mandated local program.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
end insertExisting law requires the governing board of a school district, before ordering the sale or lease of any property, to adopt a resolution that includes specified provisions in a regular open meeting by a 2⁄3 vote of its members declaring its intention to sell or lease the property.
end deleteThis bill would make nonsubstantive changes to that provision.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 17389 of the
end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert
begin insert(a)end insertbegin insert end insertA school district advisory committee appointed
4pursuant to Section 17388 shall consist of not less thanbegin delete sevenend deletebegin insert 8end insert
5 nor more thanbegin delete 11end deletebegin insert 12end insert members, and shall be representative of each
6of the following:
7(a)
end delete
8begin insert(1)end insert The ethnic, age group, and socioeconomic composition of
9begin insert the pupils enrolled inend insert the district.
10(b)
end delete
11begin insert(2)end insert The business community, such as store owners, managers,
12or supervisors.
13(c)
end delete
14begin insert(3)end insert Landowners or renters, with preference to be given to
15representatives of neighborhood associations.
16(d)
end delete17begin insert(4)end insert Teachers.
18(e)
end delete19begin insert(5)end insert Administrators.
20(f)
end delete21begin insert(6)end insert Parents of students.
22(g)
end delete
P3 1begin insert(7)end insert Persons with expertise in environmental impact, legal
2contracts, building codes, and land use planning, including, but
3not limited to, knowledge of the zoning and other land use
4restrictions of the cities or cities and counties in which surplus
5space and real property is located.
6(b) A school district advisory committee shall consist
of at least
72 members who meet the description contained in paragraph (7)
8of subdivision (a).
If the Commission on State Mandates determines that
10this act contains costs mandated by the state, reimbursement to
11local agencies and school districts for those costs shall be made
12pursuant to Part 7 (commencing with Section 17500) of Division
134 of Title 2 of the Government Code.
Section 17466 of the
Education Code is amended
15to read:
Before ordering the sale or lease of a property, the
17governing board of a school district, in a regular open meeting, by
18a two-thirds vote of all its members, shall adopt a resolution
19declaring its intention to sell or lease the property, as the case may
20be. The resolution shall describe the property proposed to be sold
21or
leased in such manner as to identify it and shall specify the
22minimum price or rental and the terms upon which it will be sold
23or leased and the commission, or rate thereof, if any, that the
24
governing board of the school district will pay to a licensed real
25estate broker out of the minimum price or rental. The resolution
26shall fix a time not less than three weeks thereafter for a public
27meeting of the governing board of the school district to be held at
28its regular place of meeting, at which sealed proposals to purchase
29or lease will be received and considered.
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