BILL NUMBER: AB 882 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 20, 2015
AMENDED IN ASSEMBLY MAY 6, 2015
INTRODUCED BY Assembly Member Wilk
(Coauthor: Assembly Member Gallagher)
FEBRUARY 26, 2015
An act to amend Section 15144 of, and to add Section
15267 to, of the Education Code, and to
amend Section 53508.6 of the Government Code, relating to
school bonds.
LEGISLATIVE COUNSEL'S DIGEST
AB 882, as amended, Wilk. School bonds: portable
electronic devices. term of bonds: furnishing and
equipping classrooms.
(1) Existing law authorizes the governing board of a school
district or community college district to issue bonds for
specified purposes, and order an election and submit
to the electors of the district whether the bonds of the district
should be issued and sold, and sets forth requirements in that
regard, including, among other things,
including specifying that the term of a bond shall not exceed
25 years from the date of the bond or bond series.
This bill would specify that the term of a bond used for purposes
of furnishing and equipping classrooms shall not exceed 120% of the
average reasonably expected economic life of the furnishings and
equipment.
(2) The California Constitution limits the maximum amount of any
ad valorem tax on real property to 1% of the full cash value of the
property except for ad valorem taxes or special assessments that pay
the interest and redemption charges on certain bonded indebtedness,
including bonded indebtedness incurred by a school district,
community college district, or county office of education for the
construction, reconstruction, rehabilitation, or replacement of
school facilities, including the furnishing and equipping of school
facilities, or the acquisition or lease of real property for school
facilities, approved by 55% of the voters if the proposition includes
specified accountability requirements.
This bill would specify that proceeds from the sale of bonds
authorized and issued after January 1, 2016, pursuant to the
exception described above may be used to purchase portable electronic
devices only for furnishing and equipping classrooms and school
facilities, and that the portable electronic devices shall only be
used for instruction-related purposes in school facilities and shall
not be assigned to individual pupils or removed from the schoolsite
on a daily basis.
(2) Existing law, additionally and alternatively to the authority
described above, authorizes the issuance of bonds or refunding bonds
by a school district or community college district secured by the
levy of ad valorem taxes, and, pursuant to those provisions,
authorizes a school district or community college district to issue
bonds that do not allow for the compounding of interest and that have
a maturity greater than 30, but no greater than 40 years, in
accordance with specified requirements.
This bill, notwithstanding those provisions, would specify that a
bond used for the purposes of furnishing and equipping classrooms
shall not exceed 120% of the average reasonably expected economic
life of the furnishings and equipment.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 15144 of the Education Code is amended to read:
15144. (a) The number of years the whole or any part of the bonds
are to run shall not exceed 25 years, from the date of the bonds or
the date of any series thereof.
(b) Notwithstanding subdivision (a), the term of a bond used for
the purposes of furnishing and equipping classrooms, including, but
not limited to, purchasing electronic equipment, shall not exceed 120
percent of the average reasonably expected economic life of the
furnishings and equipment.
SEC. 2. Section 15267 is added to the Education
Code, to read:
15267. (a) It is the intent of the Legislature in enacting this
section to do the following:
(1) Ensure that the use of proceeds of bond funds issued pursuant
to Proposition 39, approved by the voters at the November 7, 2000, is
consistent with the intent and requirements of Proposition 39.
(2) Clarify that portable electronic devices, including, but not
limited to, laptops and tablets, may be purchased with Proposition 39
bond funds only for the equipping of school facilities and be used
for instruction-related purposes in school facilities.
(b) Proceeds from the sale of bonds authorized and issued pursuant
to paragraph (3) of subdivision (b) of Section 1 of Article XIII A
of, and subdivision (b) of Section 18 of Article XVI of, the
California Constitution may be used to purchase portable electronic
devices only for furnishing and equipping classrooms and school
facilities. Portable electronic devices purchased with proceeds from
the sale of bonds pursuant to this section shall only be used for
instruction-related purposes in school facilities and shall not be
assigned to individual pupils or removed from the schoolsite on a
daily basis.
(c) This section shall apply to bonds approved by voters after
January 1, 2016.
SEC. 2. Section 53508.6 of the
Government Code is amended to read:
53508.6. (a) Notwithstanding any other law,
a school district or community college district may, pursuant to
this article, issue bonds that do not allow for the compounding of
interest and that have a maturity greater than 30 years, but not
greater than 40 years, if the school district or community college
district does both of the following:
(a)
(1) Complies with the requirements of subdivisions (b)
and (c) of Section 15146 of the Education Code.
(b)
(2) Makes a finding that the useful life of the
facility financed with the bonds that do not allow for the
compounding of interest and that have a maturity greater than 30
years, but not greater than 40 years, equals or exceeds the maturity
date of those bonds.
(b) Notwithstanding subdivision (a), the term of a bond used for
the purposes of furnishing and equipping classrooms, including, but
not limited to, purchasing electronic equipment, shall not exceed 120
percent of the average reasonably expected economic life of the
furnishings and equipment.