BILL NUMBER: AB 308	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 20, 2013
	AMENDED IN ASSEMBLY  MAY 6, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

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, county
office of education, or charter school that sells or leases real
property that was purchased with or modernized with, 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  , county   office of
education, or charter school  received from the state school
facilities funding program for the purchase, modernization, or
construction if certain conditions are  met, including, among
other conditions,   met. Under this program, these
moneys would be required to be returned if  the real property is
not sold or leased to a charter school, 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,
 except  as specified.
   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.
   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.  (a) The State Allocation Board may establish a program
that requires a school district, county office of education, or
charter school that sells or leases real property that was purchased
with or modernized with, 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  , county office of education, or charter
school  received from the state school facilities funding
program for the purchase, modernization, or construction if all of
the following conditions are met:
   (1) The real property is not sold or leased to a charter school, 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, pursuant to Section 17457.5.
   (2) The proceeds from the sale or lease of the real property are
not used for capital outlay.
   (3) The real property was purchased, or the improvements were
constructed or modernized on the real property, within 10 years
before the real property is sold or leased.
   (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.
   (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.