Amended in Assembly May 6, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 308

Introduced by Assembly Member Hagman

February 12, 2013

An act to add Section 17462.3 to the Education Code, relating to school facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 308, as amended, Hagman. School facilities: sale or lease of surplus real property: return of state school facilities funding program funds.

Existing law authorizes the governing board of any school district to sell any real property belonging to the school district, or lease for a term not exceeding 99 years, any real property, together with any personal property located on the real property, belonging to the school district which is not or will not be needed by the school district for school classroom buildings at the time of delivery of title or possession. Existing law requires the governing board of a school district seeking to sell or lease real property designed to provide direct instruction or instructional support it deems to be surplus property to first offer that property for sale or lease to any charter school that has submitted a written request to the school district to be notified of surplus property offered for sale or lease by the school district. Existing law authorizes the proceeds from the sale or lease with option to purchase to be deposited in the general fund of the school district, to be used for one-time expenditures, if the governing board of the school district and the State Allocation Board have determined that the school district has no anticipated need for additional site or building construction for the 10-year period following the sale or lease with option to purchase, and the school district has no major deferred maintenance requirements.

This bill would authorize the State Allocation Board to establish a program under which it would require a school district begin insert , county office of education, or charter school end insert that sells or leases real property that was purchased with begin insert or modernized with end insert , or on which improvements were constructed that were funded with, any moneys from a state school facilities funding program, to return to the board the moneys the school district received from the state school facilities funding program for the purchase begin delete or end delete begin insert , modernization, or end insert construction if certain conditions are met, including, among other conditions, the real property is not sold or leased to a charter school, begin insert a school district, a county office of education, or an agency that will use the property exclusively for the delivery of child care and development services, end insert as specified.

begin insert

The bill would also specify that the moneys to be returned under this provision to the State Allocation Board are those received within 10 years before the real property is sold or leased. The bill would, if a portion of the real property is sold or leased, require that a proportionate amount of funds received from a state school facilities funding program be returned to the State Allocation Board under this provision based on the percentage of the real property sold or leased.

end insert

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 17462.3 is added to the Education Code,
to read:

17462.3.  

begin insert (a) end insert begin insert   end insert The State Allocation Board may establish a
program that requires a school district begin insert , county office of education,
or charter school end insert that sells or leases real property that was
purchased with begin insert or modernized with end insert , or on which improvements
were constructed that were funded with, any moneys from a state
school facilities funding program, to return to the State Allocation
Board the moneys the school district received from the state school
facilities funding program for the begin delete purchase or construction, end delete
begin insert purchase, modernization, or construction end insert if all of the following
conditions are met:

begin delete

(a)

end delete

begin insert ( end insert begin insert 1) end insert  The real property is not sold or leased to a charter school begin insert , a end insert
begin insert school district, a county office of education, or an agency that will
use the property exclusively for the delivery of child care and
development services, end insert pursuant to Section 17457.5.

begin delete

(b)

end delete

begin insert ( end insert begin insert 2) end insert  The proceeds from the sale or lease of the real property are
not used for capital begin delete improvements. end delete begin insert outlay. end insert

begin delete

(c)

end delete

begin insert ( end insert begin insert 3) end insert  The real property was purchased, or the improvements were
constructed begin insert or modernized end insert on the real property, within 10 years
before the real property is sold or leased.

begin insert

(b) The moneys to be returned to the State Allocation Board
under this section are those received within 10 years before the
real property is sold or leased.

end insert begin insert

(c) If a portion of the real property is sold or leased, a
proportionate amount of funds received from a state school
facilities funding program shall be returned to the State Allocation
Board under this section based on the percentage of the real
property sold or leased.

end insert