BILL NUMBER: AB 1022 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 29, 2009
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Nava
FEBRUARY 27, 2009
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 $10,000,000 of the
proceeds from 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
one-time 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2013, and would be repealed on January 1, 2014.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.
Vote: majority. Appropriation: no. Fiscal committee: 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 ten million dollars
($10,000,000) of 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 one-time 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 cash 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.