BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 128|
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CONSENT
Bill No: SB 128
Author: Emmerson (R)
Amended: 5/15/13
Vote: 27 - Urgency
SENATE EDUCATION COMMITTEE : 8-0, 5/8/13
AYES: Liu, Wyland, Block, Hancock, Hueso, Huff, Jackson,
Monning
NO VOTE RECORDED: Correa
SUBJECT : Community facilities districts: transfer of
governance authority
SOURCE : Author
DIGEST : This bill authorizes the Hemet Unified School
District (HUSD) to transfer, the jurisdiction of the HUSD
Community Facilities District (CFD No. 2005-1), to the Temecula
Valley Unified School District (TVUSD) upon written agreement
entered between the two governing boards of those school
districts.
ANALYSIS : Existing law provides for a county committee on
school district organization in each county (county committee)
to consider locally developed reorganization petitions to
transfer territory among districts; unify, merge or create new
districts or revise the boundaries of trustee areas. Proposals
for transfer of territory may be decided by the county committee
in a public hearing, although such decisions to transfer more
than 10% of a district's territory must be ratified by a vote of
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the people in the affected districts. The decisions of the
county committee may be appealed to the State Board of Education
(SBE) for specified reasons.
This bill authorizes the HUSD to transfer, the jurisdiction of
the HUSD CFD No. 2005-1 to the TVUSD upon written agreement
entered between the two governing boards of those school
districts.
In addition, this bill:
1.Requires, except as otherwise may be provided in the written
agreement, upon the effective date of the transfer of
jurisdiction pursuant to the written agreement all of the
following shall apply:
A. The legislative body, as specified, to exercise
authority over HUSD CFD No. 2005-1 shall be the governing
board of the TVUSD.
B. The HUSD shall not bear any liability for any action
taken with regard to the CFD No. 2005-1 on or after the
effective date of the transfer of jurisdiction.
C. The TVUSD shall not bear any liability for any action
taken with regard to the CFD No. 2005-1 before the
effective date of the transfer of jurisdiction.
1.Makes findings and declarations on the necessity and desire
that a process be established under which the governance of
the HUSD CFD No. 2005-1 may be transferred to the governing
board of the TVUSD. The findings and declarations clarify
that legislative approval is required because the Riverside
County Committee on School District Organization lacks the
authority to approve the transfer of the CFD No. 2005-1
between the school districts.
Prior Legislation
SB 509 (Mello, Chapter 505, Statutes of 1992), authorized the
Perris Union High School District, which established a community
facilities district (CFD No. 87-1), and the Val Verde Unified
School District to enter into a written agreement to transfer to
the latter the jurisdiction of the community facilities
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district.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 5/14/13)
County of Riverside, Supervisor Jeff Stone, Third District,
Hemet Unified School District
Temecula Valley Unified School District
ARGUMENTS IN SUPPORT : According to the author's office, the
French Valley Community, which is an unincorporated area of
Riverside County, is located in close proximity to the TVUSD.
However, due to the district boundary lines, French Valley
technically falls within the jurisdiction of the more distantly
located HUSD. This imposes a significant hardship on French
Valley students by requiring them to travel long distances by
bus to attend HUSD schools as opposed to their neighborhood
TVUSD schools. All parties (school districts and county
committee) agree that the transferring of French Valley from
HUSD to TVUSD is in the best interest of the local communities
and students; however, located within French Valley is a
specified community facilities district. The county committee
lacks the authority to approve the transfer of the CFD. This
measure will authorize the transfer of the CFD.
PQ:ej 5/14/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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