BILL NUMBER: SB 705	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 3, 2015
	AMENDED IN ASSEMBLY  JULY 9, 2015
	AMENDED IN SENATE  MAY 5, 2015
	AMENDED IN SENATE  APRIL 20, 2015

INTRODUCED BY   Senator Hill
    (   Principal   coauthors:  
Assembly Members   Gordon,   Mullin,   and
Mark Stone   ) 

                        FEBRUARY 27, 2015

    An act to add Section 47614.2 to the Education Code,
relating to charter school facilities.   An 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. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 705, as amended, Hill.  Charter school facilities:
posting facilities request or preliminary or final offer. 
 Transactions and use taxes: County of San Mateo: Transportation
Agency for Monterey County.  
   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 2/3 of the electors
voting on the measure.  
   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.  
   These provisions would be repealed by their own terms on January
1, 2026, if an ordinance is not approved, as specified.  
   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.  
   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.  
   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.  
   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.  
   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. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Chapter 3.9 (commencing with Section
7295) is added to Part 1.7 of Division 2 of the   Revenue
and Taxation Code   , to read:  
      CHAPTER 3.9.  LOCAL GOVERNMENT FINANCE IN THE COUNTY OF SAN
MATEO


   7295.  Notwithstanding any other law, the County of San Mateo may,
in accordance with the requirements of the Bay Area County Traffic
and Transportation Funding Act (Division 12.5 (commencing with
Section 131000) of the Public Utilities Code) relating to the
imposition of transactions and use taxes, impose a transactions and
use tax for the support of countywide transportation programs at a
rate of no more than 0.5 percent that would, in combination with all
taxes imposed in accordance with Part 1.6 (commencing with Section
7251), exceed the limit established in Section 7251.1.
   7296.  If the ordinance proposing the transactions and use tax is
not approved as required by Section 7295, this chapter shall be
repealed as of January 1, 2026. 
   SEC. 2.    Chapter 3.91 (commencing with Section
7297) is added to Part 1.7 of Division 2 of the   Revenue
and Taxation Code   , to read:  
      CHAPTER 3.91.  LOCAL GOVERNMENT FINANCE IN THE COUNTY OF
MONTEREY


   7297.  Notwithstanding any other law, the Transportation Agency
for Monterey County may impose a transactions and use tax for the
support of countywide transportation programs at a rate of no more
than 0.375 percent that would, in combination with all taxes imposed
in accordance with Part 1.6 (commencing with Section 7251), exceed
the limit established in Section 7251.1, if all of the following
requirements are met:
   (a) The Transportation Agency for Monterey County adopts an
ordinance proposing the transactions and use tax by any applicable
voting approval requirement.
   (b) The ordinance proposing the transactions and use tax is
submitted to the electorate and is approved by the voters voting on
the ordinance in accordance with Article XIII C of the California
Constitution.
   (c) The transactions and use tax conforms to the Transactions and
Use Tax Law, Part 1.6 (commencing with Section 7251), other than
Section 7251.1.
   7298.  If the ordinance proposing the transactions and use tax is
not approved as required by subdivision (b) of Section 7297, this
chapter shall be repealed as of January 1, 2026. 

   SEC. 3.    (a) The Legislature finds and declares
that the special law contained in Section 1 of this measure 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 fiscal pressures experienced by the San Mateo
County Transportation Authority in providing essential transportation
programs.  
   (b) The Legislature finds and declares that the special law
contained in Section 2 of this measure 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
fiscal pressures experienced by the Transportation Agency for
Monterey County in providing essential transportation programs. 

  SECTION 1.    Section 47614.2 is added to the
Education Code, to read:
   47614.2.  (a) Within 10 days of receipt of a facilities request
from a charter school or of the school district making a preliminary
offer or final offer of facilities to a charter school, a school
district shall post the fact that a request was received or that a
preliminary or final offer was made, as applicable, on the school
district's Internet Web site.
   (b) For purposes of this section, "preliminary offer" includes
situations in which the school district reasonably anticipates that a
public school facility located in a district-operated school will be
allocated to a charter school.  
  SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.