BILL NUMBER: SB 365 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Ducheny
FEBRUARY 25, 2009
An act to amend Section 17070.20 of the Education Code, and to
amend Section 15490 of, to add Section 15490.5 to, and to repeal
Section 14620 of, the Government Code, relating to the State
Allocation Board.
LEGISLATIVE COUNSEL'S DIGEST
SB 365, as introduced, Ducheny. State Allocation Board: Office of
Public School Construction.
Existing law establishes the State Allocation Board (board) and
specifies its membership and duties. Existing law establishes
numerous responsibilities for the board with respect to the
allocation and expenditure of state funds for the construction of
public school facilities. Existing law provides that the board
consists of the Director of Finance, the Director of General
Services, a person appointed by the Governor, the Superintendent of
Public Instruction, and 3 members from each house of the Legislature.
Existing law establishes the Office of Public School Construction
in the Department of General Services, and specifies the duties and
officers of that agency.
This bill would retain the Superintendent, or his or her designee,
as a member of the board, but would increase the number of
gubernatorial appointments to the board to 4, specifying that these
appointees would serve staggered terms, and would be required to have
expertise in educational facilities construction, engineering,
architecture, or finance, or expertise in compliance with the federal
Americans with Disabilities Act or other planning and construction
standards for pupils with special needs. The bill would also reduce
the number of members appointed by each house of the Legislature from
3 to 2, and give the legislative appointing authorities the option
to appoint public members instead of Members of the Legislature. The
bill would make the Director of Finance and the Director of General
Services, or their respective designees, nonvoting members of the
board.
The bill would transfer the functions, officers, and employees of
the Office of Public School Construction from the Department of
General Services to the board, effective January 1, 2010, and would
provide for the retention of the civil service rights of those
employees.
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 17070.20 of the Education Code is amended to
read:
17070.20. The Director of General Services
board shall administer this chapter and
. The Director of General Services shall provide
assistance to the board as it requires.
SEC. 2. Section 14620 of the Government Code is repealed.
14620. There is in the department a general services planning
officer, a procurement officer, and an executive officer of the
Office of Public School Construction. Each officer or executive
director may be appointed by the Governor, upon recommendation of the
director, and shall serve at the pleasure of the director. His or
her salary shall be fixed by the director in accordance with law.
Each officer or executive officer shall have any duties that may be
assigned to him or her by, and shall be responsible to, the director
for the performance of those duties. It is the intent of the
Legislature that this section is not to result in an increase in the
number of positions in the department.
SEC. 3. Section 15490 of the Government Code is amended to read:
15490. (a) There is in the state government the State Allocation
Board, consisting of the Director of Finance, the Director
of General Services, a person appointed by Governor, and the
all of the following:
(1) The Superintendent of Public
Instruction or his or her designee . The board
shall also include three
(2) Two Members of the Senate
or pub lic members appointed by , and serving
at the pleasure of, the Senate Committee on Rules ,
two of whom shall belong to the majority party and one of whom shall
belong to the minority party and three . The Senate
Committee on Rules may appoint one Member of the Senate
and one public member to the board under this paragraph.
(3) Two Members of the Assembly
or public members appointed by , and serving at the
pleasure of, the Speaker of the Assembly , two
one of whom shall belong to the
majority party and one of whom shall belong to the minority party
. The Speaker of the Assembly may appoint one Member
of the Assembly and one public member to the board under this
paragraph .
(4) (A) Four public members appointed by the Governor. The public
members appointed pursuant to this paragraph shall have relevant
experience, including, but not necessarily limited to, experience in
either of the following:
(i) Educational facilities construction, engineering, or finance.
(ii) Expertise in compliance with the federal Americans with
Disabilities Act (42 U.S.C. Sec. 12101 et seq.) or other planning and
construction standards for pupils with special needs.
(B) The members appointed under this paragraph shall serve
staggered terms. With respect to the public members appointed
immediately after the operative date of the act that adds this
paragraph, the terms of two of the public members shall be for two
years and the terms of the other two public members appointed under
this paragraph shall be for four years. Upon the expiration of these
terms, subsequent public members shall serve four-year terms.
(C) A member appointed under this paragraph may be appointed to an
additional term or terms.
(5) The Director of Finance or his or her designee, and the
Director of General Services or his or her designee, shall serve as
nonvoting members of the board.
(b) The members of the board and the Members of the
Legislature meeting with the board shall receive no
compensation for their services , but shall be reimbursed
for their actual and necessary expenses incurred in connection with
the performance of their duties.
(c) The Director Department of
General Services shall provide assistance to the board as the board
requires , including, but not necessarily limited to, the
provision of the office space necessary to administer the affairs of
the boa rd at a cost and in an amount comparable to the
accommodations of the board as of January 1, 2009 .
The
(d) The board may
, by a majority vote of all the
voting members do one or more of ,
shall elect a chair and vice chair from its membership to serve
one-year terms. The chair and vice chair shall be eligible
to serve no more than two consecutive terms.
(e) The board, by a majority vote of
the voting members, shall do all of the following:
(1) Appoint an employee to report directly to the board
as assistant executive officer , who shall serve at
the pleasure of the board .
(2) Fix Determine the salary and
other compensation of the assistant executive
officer.
(3) Employ additional staff members, and secure office space and
furnishings, as necessary to support the assistant
executive officer in the performance of his or her duties.
SEC. 4. Section 15490.5 is added to the Government Code, to read:
15490.5. (a) On January 1, 2010, the Office of Public School
Construction shall be transferred from the jurisdiction of the
Department of General Services to that of the State Allocation Board.
Effective January 1, 2010, the civil service staff of the Office of
Public School Construction shall be transferred to the board with no
loss of civil service rights and privileges that pertained to those
employees prior to that date.
(b) Effective January 1, 2010, the general services planning
officer, procurement officer, and executive officer of the Office of
Public School Construction shall be transferred to the board. On and
after January 1, 2010, each of these officers shall serve at the
pleasure of the board. On and after January 1, 2010, a vacancy in any
of these positions shall be filled through an appointment by the
Governor, upon recommendation of the board. The duties and salary of
each officer shall be determined by the board.