BILL NUMBER: AB 1664	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hagman

                        FEBRUARY 12, 2014

   An act to amend Sections 17462.3 and 17489 of the Education Code,
relating to school facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1664, as introduced, Hagman. School facilities: sale or lease
of real property.
   (1) Existing law authorizes 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 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. Under this program, moneys received within 10 years before
the real property is sold would be required to be returned if the
real property is not sold 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,
in accordance with a statute that requires property first be offered
to a charter school before alternate disposition.
   This bill would specify that, under the authorized program, the
moneys would have to be returned if the real property is not sold to
a charter school in accordance with that statute, or if the real
property is not sold to 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 if the real
property has been deemed to be surplus and a charter school has not
accepted an offer to purchase or lease.
   (2) Existing law requires the governing board of a school
district, before selling or leasing a schoolsite consisting in whole
or in part of land suited or used for outdoor recreation, if a
charter school has not accepted an offer to purchase or lease the
schoolsite pursuant to a specified statute, to first offer to sell or
lease that portion of the schoolsite suited for outdoor recreation,
to the extent not retained by the governing board, to one of
specified local agencies.
   This bill would exempt from this requirement land to which this
provision would otherwise apply, but which is subject to the
provisions described in (1) above because it was purchased with or
modernized with, or improvements were constructed on it that were
funded with, any moneys from a state school facilities funding
program. The bill would authorize the governing board of a school
district in this instance, after first offering the schoolsite for
sale or lease to a charter school pursuant to a prescribed statute,
to offer to sell or lease the property to another 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
before offering to sell or lease the property to one of the local
agencies referenced above.
   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 of the Education Code is amended 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 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 to a charter school 
pursuant to Section 17457.5  , 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 
 17458  .
   (2) The proceeds from the sale 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.
   (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.
   (c) If a portion of the real property is sold, 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.
  SEC. 2.  Section 17489 of the Education Code is amended to read:
   17489.  (a)  Notwithstanding   (1)  
  Other than as specified in paragraph (2), and
notwithstanding  Section 54222 of the Government Code, the
governing board of a school district, before selling or leasing a
schoolsite containing land described in Section 17486, excluding that
portion of a schoolsite retained by the governing board of the
school district pursuant to Section 17490, shall, if a charter school
has not accepted an offer to purchase or lease the schoolsite
pursuant to Section 17457.5, first offer to sell or lease that
portion of the schoolsite consisting of land described in Section
17486, excluding that portion retained by the governing board of the
school district pursuant to Section 17490, to the following public
agencies in accordance with the following priorities: 
   (1) 
    (   A)  First, to any city within which the
land may be situated. 
   (2) 
    (   B)  Second, to any park or recreation
district within which the land may be situated. 
   (3) 
    (  C)  Third, to any regional park authority
having jurisdiction within the area in which the land is situated.

   (4) 
    (   D)  Fourth, to any county within which the
land may be situated. 
   (2) The governing board of a school district, before selling or
leasing a schoolsite to which paragraph (1) would otherwise apply,
but which 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, and to which subdivision
(a) of Section 17462.3 is applicable, after first offering the
schoolsite for sale or lease to a charter school that has requested
notification pursuant to Section 17457.5, may offer to sell or lease
the property to another 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 17458 before offering to sell or lease the property to the
entities listed in subparagraphs (A) to (D), inclusive, of paragraph
(1). 
   (b) The governing board of the school district shall have
discretion to determine whether the offer shall be an offer to sell
or an offer to lease.
   (c) An entity which proposes to purchase or lease a schoolsite
offered by a school district shall notify the school district of its
intention, in writing, within 60 days after receiving written
notification from the school district of its offer to sell or lease.