BILL NUMBER: AB 1022 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Nava
FEBRUARY 27, 2009
An act to amend Section 17217 of the Education Code,
relating to education. An act to add and repeal
Section 17462.3 of the Education Code, relating to school property.
LEGISLATIVE COUNSEL'S DIGEST
AB 1022, as amended, Nava. School facilities.
(1) Existing law requires that the funds from the sale of surplus
school real property be used for capital outlay or for costs of
maintenance of prescribed school district property. Existing law
permits a school district to deposit proceeds from a lease of school
district property with an option to purchase in its general fund for
use for any general fund purpose, if approved by the State Allocation
Board and certain conditions are met.
This bill, notwithstanding any other provision of law, would
authorize the Ventura Unified School District to deposit specified
proceeds of the sale of surplus school property, together with any
personal property located on that property, purchased entirely with
local funds and sold before January 1, 2005, into the general fund of
the school district and to use those proceeds for any general fund
purpose. The bill would require the State Allocation Board to reduce
an apportionment of hardship assistance awarded to that district, as
specified. Before exercising the authority granted by the bill, the
governing board of the school district would be required to submit
documents containing specified certifications to the State Allocation
Board and, at a regularly scheduled meeting, present a plan for
expending the proceeds of the sale. These provisions would remain in
effect only until October 31, 2013, and would be repealed on January
1, 2014.
(2) The bill would express the finding and declaration of the
Legislature that, due to the unique circumstances relating to the
Ventura Unified School District, a general statute within the meaning
of a specified provision of the California Constitution cannot be
made applicable, and the enactment of this bill as a special statute
is therefore necessary.
Existing law provides that the governing board of a school
district may acquire a site for a school building contiguous to the
boundaries of the district and that upon the acquisition of the site,
it shall become a part of the district.
This bill would make a technical, nonsubstantive change to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17462.3 is added to the
Education Code , to read:
17462.3. (a) Notwithstanding any other provision of law, the
Ventura Unified School District may deposit the proceeds from the
sale of surplus real property, together with personal property
located on that property, purchased entirely with local funds and
sold before January 1, 2005, into the general fund of the school
district and use the proceeds from the sale for any general fund
purpose. If the purchase of property was made using the proceeds of a
local general obligation bond act or revenue derived from developer
fees, the amount of the proceeds of that sale that may be deposited
into the general fund of the school district shall not exceed the
percentage computed by the absolute difference between the purchase
price of the property and the proceeds from the transaction, divided
by the proceeds of the transaction. For the purposes of this section,
"proceeds of the transaction" means either of the following, as
appropriate:
(1) For a case sale, the amount realized from the sale of property
after reasonable expenses related to the sale.
(2) For a sale that did not result in a lump-sum cash payment, the
amount realized from the sale of the property after reasonable
expenses that is the sum of all cash received and the net present
value of the future cashflow generated by the transaction.
(b) The State Allocation Board shall reduce the amount of hardship
assistance awarded pursuant to Article 8 (commencing with Section
17075.10) of Chapter 12.5 of Part 10 to the Ventura Unified School
District, if the district exercises the authority granted pursuant to
this section, by the proceeds of the sale of surplus real property
used for general fund purposes.
(c) If the Ventura Unified School District exercises the authority
granted pursuant to this section, the district is ineligible for
hardship funding from the State School Deferred Maintenance Fund
under Section 17587 for five years after enactment of this measure.
(d) Deposit of proceeds in the Ventura Unified School District
general fund pursuant to this section does not disqualify the school
district from eligibility for state funding for any school facilities
program authorized by the state.
(e) Before the Ventura Unified School District exercises the
authority granted pursuant to this section, the governing board of
the school district first shall submit to the State Allocation Board
documents certifying all of the following:
(1) The school district has no major deferred maintenance
requirements not covered by existing capital outlay resources.
(2) The sale of real property pursuant to this section does not
violate any provisions of a local bond act.
(3) The real property is not suitable to meet any projected school
construction need for the next 10 years.
(f) Before the Ventura Unified School District exercises the
authority granted pursuant to this section, the governing board of
the school district, at a regularly scheduled public meeting, shall
present a plan for expending the proceeds of the sale pursuant to
this section. The plan shall identify the source and use of the
funds.
(g) This section shall become inoperative on October 31, 2013,
and, as of January 1, 2014, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2014, deletes
or extends the dates on which it becomes inoperative and is
repealed.
SEC. 2. Due to the unique circumstances concerning
the Ventura Unified School District, the Legislature finds and
declares that a general statute cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution.
Therefore, Section 1 of this act is necessarily applicable only to
the Ventura Unified School District.
SECTION 1. Section 17217 of the Education Code
is amended to read:
17217. (a) The governing board of a school district may acquire a
site for a school building contiguous to the boundaries of the
district and upon the acquisition of the site it shall become a part
of the district.
(b) The site may not be acquired until all of the following
conditions are met:
(1) A majority of the members of the governing board of the
acquiring school district approves a petition requesting approval of
the acquisition.
(2) The petition is filed with the county superintendent of
schools with jurisdiction over the acquiring school district. If the
site is in a county that is not the county in which the acquiring
school district is located, the petition shall be filed with each of
the county superintendents of the counties concerned. Within 10
working days of the date the petition is filed, each superintendent
of schools of those counties shall notify the governing board of each
school district involved that the petition was filed.
(3) The county committee on school district organization of the
county of the acquiring school district approves the petition. If the
site is in a county that is not the county in which the acquiring
school district is located, each of the county committees on school
district organization concerned shall approve the petition. The
county committees on school district organization shall approve or
disapprove a petition within 60 days from the day the governing board
filed the petition with the county superintendent of schools.
(c) Notwithstanding subdivision (b), if each of the county
committees on school district organization does not approve the
petition as required by paragraph (3) of subdivision (b), the
petition may be submitted to the Superintendent for approval. If the
Superintendent approves the petition, the governing board may acquire
the site.
(d) In approving the acquisition of a site pursuant to this
section, the county committees on school district organization and
the Superintendent shall consider the extent to which the following
are met:
(1) The proposed site acquisition will not promote racial or
ethnic discrimination or segregation.
(2) The proposed site acquisition will not result in any
substantial increase in costs to the state.
(3) The proposed site acquisition will not significantly disrupt
the educational programs in the school districts affected by the
proposed site acquisition and will continue to promote sound
education performance in those school districts.
(4) The proposed site acquisition will not result in a significant
increase in school housing costs.
(5) The proposed site acquisition is not primarily designed to
result in a significant increase in property values causing financial
advantage to property owners because territory was transferred from
one school district to an adjoining school district.
(6) The proposed site acquisition will not cause a substantial
negative effect on the fiscal management or fiscal status of any
school district affected by the proposed site acquisition.
(e) The power of eminent domain may be used for the purposes of
this section.
(f) A schoolsite is contiguous for the purpose of this section
although separated from the boundaries of the district by a road,
street, stream, or other natural or artificial barrier or
right-of-way.