Amended in Assembly September 3, 2015

Amended in Assembly July 9, 2015

Amended in Senate May 5, 2015

Amended in Senate April 20, 2015

Senate BillNo. 705


Introduced by Senator Hill

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(Principal coauthors: Assembly Members Gordon, Mullin, and Mark Stone)

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February 27, 2015


begin deleteAn act to add Section 47614.2 to the Education Code, relating to charter school facilities. end deletebegin insertAn act to add Chapter 3.9 (commencing with Section 7295) and Chapter 3.91 (commencing with Section 7297) to Part 1.7 of Division 2 of the Revenue and Taxation Code, relating to taxation.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 705, as amended, Hill. begin deleteCharter school facilities: posting facilities request or preliminary or final offer. end deletebegin insertTransactions and use taxes: County of San Mateo: Transportation Agency for Monterey County.end insert

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Existing law authorizes various local governmental entities, subject to certain limitations and approval requirements, to levy a transactions and use tax for general purposes, in accordance with the procedures and requirements set forth in the Transactions and Use Tax Law, including a requirement that the combined rate of all taxes that may be imposed in accordance with that law in the county not exceed 2%. Existing law, the Bay Area County Traffic and Transportation Funding Act, authorizes nine specified counties in the San Francisco Bay Area, including the County of San Mateo, to establish a county transportation authority and levy a retail transactions and use tax of either 0.5% or 1% for specified transportation purposes if certain requirements are met, including that the ordinance levying the tax meets the requirements of the Transactions and Use Tax Law and is approved by 23 of the electors voting on the measure.

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This bill would authorize the County of San Mateo to, in accordance with the Bay Area Traffic and Transportation Funding Act, impose a transactions and use tax for countywide transportation programs at a rate of no more than 0.5% that, in combination with other specified taxes, would exceed the combined rate limit. The bill would also authorize the Transportation Agency for Monterey County to impose a transactions and use tax for the support of countywide transportation programs at a rate of no more than 0.375% that, in combination with other specified taxes, would exceed the combined rate limit.

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These provisions would be repealed by their own terms on January 1, 2026, if an ordinance is not approved, as specified.

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This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Mateo and the Transportation Agency for Monterey County.

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Existing law requires each school district to make available to each charter school operating in the school district facilities sufficient for the charter school to accommodate all of the charter school’s in-district pupils in conditions reasonably equivalent to those in which the pupils would be accommodated if they were attending other public schools of the district. Existing law requires a charter school desiring facilities from a school district in which it is operating to provide the school district with a reasonable projection of the charter school’s average daily classroom attendance by in-district students for the following year and requires the school district to allocate facilities to the charter school based on that projection. Existing law requires the State Department of Education to propose, and for the State Board of Education to adopt, regulations to implement those provisions.

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This bill would require a school district, within 10 days of receiving a facilities request from a charter school or making a preliminary or final offer of facilities to a charter school to post that information on the school district’s Internet Web site. To the extent the bill imposes additional duties on school districts, the bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

The people of the State of California do enact as follows:

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begin insertSECTION 1.end insert  

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begin insertChapter 3.9 (commencing with Section 7295) is
2added to Part 1.7 of Division 2 of the end insert
begin insertRevenue and Taxation Codeend insertbegin insert,
3to read:end insert

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4 

5Chapter  begin insert3.9.end insert Local Government Finance in the County
6of San Mateo
7

 

8

begin insert7295.end insert  

Notwithstanding any other law, the County of San Mateo
9may, in accordance with the requirements of the Bay Area County
10Traffic and Transportation Funding Act (Division 12.5
11(commencing with Section 131000) of the Public Utilities Code)
12relating to the imposition of transactions and use taxes, impose a
13transactions and use tax for the support of countywide
14transportation programs at a rate of no more than 0.5 percent that
15would, in combination with all taxes imposed in accordance with
16Part 1.6 (commencing with Section 7251), exceed the limit
17established in Section 7251.1.

18

begin insert7296.end insert  

If the ordinance proposing the transactions and use tax
19is not approved as required by Section 7295, this chapter shall be
20repealed as of January 1, 2026.

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21begin insert

begin insertSEC. 2.end insert  

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begin insertChapter 3.91 (commencing with Section 7297) is added
22to Part 1.7 of Division 2 of the end insert
begin insertRevenue and Taxation Codeend insertbegin insert, to
23read:end insert

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2Chapter  begin insert3.91.end insert Local Government Finance in the County
3of Monterey
4

 

5

begin insert7297.end insert  

Notwithstanding any other law, the Transportation
6Agency for Monterey County may impose a transactions and use
7tax for the support of countywide transportation programs at a
8rate of no more than 0.375 percent that would, in combination
9with all taxes imposed in accordance with Part 1.6 (commencing
10with Section 7251), exceed the limit established in Section 7251.1,
11if all of the following requirements are met:

12(a) The Transportation Agency for Monterey County adopts an
13ordinance proposing the transactions and use tax by any applicable
14voting approval requirement.

15(b) The ordinance proposing the transactions and use tax is
16submitted to the electorate and is approved by the voters voting
17on the ordinance in accordance with Article XIII   C of the
18California Constitution.

19(c) The transactions and use tax conforms to the Transactions
20and Use Tax Law, Part 1.6 (commencing with Section 7251), other
21than Section 7251.1.

22

begin insert7298.end insert  

If the ordinance proposing the transactions and use tax
23is not approved as required by subdivision (b) of Section 7297,
24this chapter shall be repealed as of January 1, 2026.

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25begin insert

begin insertSEC. 3.end insert  

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(a) The Legislature finds and declares that the special
26law contained in Section 1 of this measure is necessary and that
27a general law cannot be made applicable within the meaning of
28Section 16 of Article IV of the California Constitution because of
29the unique fiscal pressures experienced by the San Mateo County
30Transportation Authority in providing essential transportation
31programs.

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32(b) The Legislature finds and declares that the special law
33contained in Section 2 of this measure is necessary and that a
34general law cannot be made applicable within the meaning of
35Section 16 of Article IV of the California Constitution because of
36the unique fiscal pressures experienced by the Transportation
37Agency for Monterey County in providing essential transportation
38programs.

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SECTION 1.  

Section 47614.2 is added to the Education Code,
40to read:

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47614.2.  

(a) Within 10 days of receipt of a facilities request
2from a charter school or of the school district making a preliminary
3offer or final offer of facilities to a charter school, a school district
4shall post the fact that a request was received or that a preliminary
5or final offer was made, as applicable, on the school district’s
6Internet Web site.

7(b) For purposes of this section, “preliminary offer” includes
8situations in which the school district reasonably anticipates that
9a public school facility located in a district-operated school will
10be allocated to a charter school.

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11

SEC. 2.  

If the Commission on State Mandates determines that
12this act contains costs mandated by the state, reimbursement to
13local agencies and school districts for those costs shall be made
14pursuant to Part 7 (commencing with Section 17500) of Division
154 of Title 2 of the Government Code.

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