BILL NUMBER: AB 1726	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Bonta and Skinner

                        FEBRUARY 14, 2014

   An act to amend Section 11 of Chapter 14 of the Statutes of 2003,
relating to education finance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1726, as introduced, Bonta. Education finance: Oakland Unified
School District: sale of surplus property.
   Existing law appropriates $100,000,000 from the General Fund to
the Superintendent of Public Instruction for apportionment to the
Oakland Unified School District as an emergency loan. Existing law,
from January 1, 2012, to June 30, 2016, authorizes the Oakland
Unified School District to sell property owned by the school district
and use the proceeds from the sale to reduce or retire the emergency
loan. Existing law exempts the sale of property pursuant to those
provisions from various provisions of law that would otherwise apply
to the sale of the property or use of the proceeds, and provides that
the Oakland Unified School District is not eligible for financial
hardship assistance pursuant to the Leroy F. Greene School Facilities
Act of 1998 during the time period specified above.
   This bill would also exempt the sale of property pursuant to the
provisions specified above from provisions that require a governing
board of a school district seeking to sell or lease surplus property
to first offer that property to a charter school. The bill would
extend the termination date of the provisions specified above from
June 30, 2016, to June 30, 2020. The bill would make legislative
findings and declarations as to the necessity of a special law for
the Oakland Unified School District.
   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 11 of Chapter 14 of the Statutes of 2003, as
amended by Section 1 of Chapter 164 of the Statutes of 2011, is
amended to read:
   Sec. 11.  (a) Notwithstanding Sections 17456, 17457,  17457.5,
 17462, and 17463 of the Education Code, or any other law, from
January 1, 2012, to June 30,  2016,  2020,
 inclusive, the Oakland Unified School District may sell
property owned by the district and use the proceeds from the sale to
reduce or retire the emergency loan provided in Section 9 of this
act. The sale only of property pursuant to this subdivision is not
subject to Section 17388, 17459, or 17464 of the Education Code.
   (b) Notwithstanding any other law, from January 1, 2012, to June
30,  2016   2020  , inclusive, the Oakland
Unified School District is not eligible for financial hardship
assistance pursuant to Article 8 (commencing with Section 17075.10)
of Chapter 12.5 of Part 10 of the Education Code.
  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances relating to the fiscal emergency
in the Oakland Unified School District.