BILL NUMBER: AB 1080	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 27, 2009

   An act to  amend Section 17527 of   add
Section 17535.5 to  the Education Code, relating to school
facilities.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1080, as amended, Skinner. School facilities: rent or lease:
vacant classrooms. 
   Existing 
    (1)     Existing  law authorizes the
governing board of a school district to enter into agreements to make
vacant classrooms or other space in operating school buildings
available for rent or lease to other school districts, educational
agencies, except private educational institutions that maintain
kindergarten or grades 1 to 12, inclusive, governmental units,
nonprofit organizations, community agencies, professional agencies,
commercial and noncommercial firms, corporations, partnerships,
businesses, and individuals, including during normal school hours if
the school is in session.
   This bill  ,   notwithstanding the provision above,
 would  make technical, nonsubstantive changes to the
provision above   authorize the governing board of the
Emery Unified School District, upon a   2/3   vote,
to enter into a joint-use, joint-ownership agreement with a
governmental agency whereby a new school and community services
facility would be constructed on land owned by the school district
 . 
   (2) The California Constitution provides that a special statute is
invalid in any case if a general statute can be made applicable.
 
   This bill would declare that, due to unique circumstances
applicable only to the Emery Unified School District, as set forth in
the bill, a general statute cannot be made applicable and a special
statute is necessary. 
   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 17535.5 is added to the 
 Education Code  , to read:  
   17535.5.  (a) Notwithstanding any other provision of this article,
the governing board of the Emery Unified School District, upon a
two-thirds vote, may enter into a joint-use, joint-ownership
agreement with a governmental agency whereby a new school and
community services facility is constructed on land owned by the
school district. The agreement shall specify all of the following:
   (1) The school district shall retain full ownership of the land
upon which the facilities are constructed.
   (2) There is a demonstrated need for the joint ownership of the
facilities.
   (3) The joint ownership of the facilities shall be compatible with
the educational purposes of those facilities.
   (4) Parameters are set for the degree and nature of the joint
ownership of the facilities.
   (b) The space and use limitations of Sections 17531 and 17532 do
not apply to facilities constructed under an agreement entered into
pursuant to this section. 
   SEC. 2.    The Legislature finds and declares that a
special law 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 circumstances of the
Emery Unified School District. The facts constituting the special
circumstances that distinguish the Emery Unified School District from
other school districts are the high degree of integration between
the community and educational services of the joint-use facilities to
be constructed pursuant to this legislation.  
  SECTION 1.    Section 17527 of the Education Code
is amended to read:
   17527.  (a) The governing board of a school district may enter
into agreements to make vacant classrooms or other space in operating
school buildings available for rent or lease, including during
normal school hours if the school is in session, to the following
entities:
   (1) Another school district.
   (2) Educational agencies, except private educational institutions
that maintain kindergarten or any of grades 1 to 12, inclusive.
   (3) Governmental units.
   (4) Nonprofit organizations.
   (5) Community agencies.
   (6) Professional agencies.
   (7) Commercial and noncommercial firms, corporations, and
partnerships.
   (8) Businesses.
   (9) Individuals.
   (b) The governing board shall give first priority in leasing or
renting vacant classroom space or other space to educational agencies
for conducting special education programs and second priority to
other educational agencies.