BILL NUMBER: AB 1080	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 14, 2009
	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Skinner
    (   Coauthors:   Assembly Members 
 Ammiano   and Torlakson   ) 

                        FEBRUARY 27, 2009

   An act to 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.
   (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 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  , including a plan to ensure pupil
safety  . 
   (5) If the property is sold, the school district shall retain from
the proceeds of the sale, at the minimum, an amount equivalent to
any state school facilities bond funds received by the district.

   (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.