SB 365 Senate Bill

BILL NUMBER: SB 365	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 23, 2009

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 amended, 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 board shall administer this chapter. The Director
of General Services shall provide assistance to the board as it
requires.
  SEC. 2.  Section 14620 of the Government Code is repealed.
  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 all of the following:
   (1) The Superintendent of Public Instruction or his or her
designee. 
   (2) Two Members of the Senate or public members appointed by, and
serving at the pleasure of, the Senate Committee on Rules. 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 one. The
Speaker of the Assembly may appoint one Member of the Assembly and
one public member to the board under this paragraph.  
   (2) Three Members of the Senate appointed by the Senate Committee
on Rules, two of whom shall belong to the majority party and one of
whom shall belong to the minority party.  
   (3) Three Members of the Assembly appointed by the Speaker of the
Assembly, two of whom shall belong to the majority party and one of
whom shall belong to the minority party. 
   (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 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 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 board at a cost and in an amount comparable to
the accommodations of the board as of January 1, 2009.
   (d) The board, by a majority vote of the voting members, 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 executive officer, who shall serve at the pleasure
of the board.
   (2) Determine the salary and other compensation of the executive
officer.
   (3) Employ additional staff members, and secure office space and
furnishings, as necessary to support the 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.