BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 584
                                                                  Page  1

          Date of Hearing:   July 3, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                    SB 584 (Wyland) - As Amended:  April 15, 2013 

          Policy Committee:                             Education Vote:7-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill, on or before January 1, 2015, requires the State  
          Controller (SC), in consultation with the State Allocation Board  
          (SAB), the Department of Finance (DOF), and the State Department  
          of Education (SDE), to submit content related to the financial  
          and performance audits required for Proposition 39 (55% local  
          school bond passage) school facility projects to the Education  
          Audits Appeal Panel (EAAP) for inclusion in the audit guide  
          beginning in the 2015-16 fiscal year.   
           
           FISCAL EFFECT  

          Minor, absorbable cost to the SC to complete the requirements of  
          this measure.  

           COMMENTS  

           1)Background  .  Proposition 39, the Smaller Classes, Safer  
            Schools, and Financial Accountability Act, was passed by  
            voters in 2000.  The proposition authorized school districts,  
            community college districts, and county offices of education  
            to pass a school facilities general obligation bond with a 55%  
            vote, provided the bond measure includes all of the following:  



             a)   A requirement the bond funds can be used only for  
               construction, rehabilitation, equipping of school  
               facilities, or the acquisition or lease of real property  
               for school facilities. 










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             b)   A specific list of school projects to be funded and  
               certification the local governing board has evaluated  
               safety, class size reduction, and information technology  
               needs in developing the list. 


             c)   A requirement the local governing board conduct annual,  
               independent financial and performance audits until all bond  
               funds have been spent to ensure that the bond funds have  
               been used only for the projects listed in the measure.  


            The constitutional amendment further required the audits for  
            the previous fiscal year be submitted to the citizen oversight  
            committee (established via AB 1908, 2000) by March 31 of each  
            year, as specified.  


          2)Purpose  .  According to the author, "While current California  
            law provides a detailed audit guide for non-Proposition 39  
            financial and compliance audits, there are no explicit  
            guidelines crafted specifically for constitutionally required  
            Proposition 39 independent financial and performance audits.  
            Much like the process for crafting non-Proposition 39  
            financial and compliance audit guidelines, which brings  
            together various state and local entities, it is important for  
            various education entities, including the [SAB], which  
            allocates Proposition 39 funds, to be on the same page when it  
            comes to preparing audits."


           3)Related legislation  .  


             a)   SB 581 (Wyland), pending on the Senate Floor for  
               concurrence, requires a school district to provide the  
               citizen's oversight committee a response to any findings,  
               recommendations, and concerns raised in the Proposition 39  
               audits within three months of receiving audits, as  
               specified.  


             b)   AB 1473 (Wyland), Chapter 294, Statutes of 2010,  
               requires the Proposition 39 audits to be conducted in  
               accordance with the Government Auditing Standards issued by  








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               the Comptroller General of the United States, as specified.  
                












           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916)  
          319-2081