BILL NUMBER: AB 1903	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly  Member   Buchanan
  Members   Buchanan   and Hagman


                        FEBRUARY 22, 2012

   An act to amend Section  17455 of the Education Code
   65995.7 of the Government Code  , relating to
school facilities.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1903, as amended, Buchanan. School facilities: sale or lease of
real property. 
   Existing law authorizes a school district to levy a fee, charge,
dedication, or other requirement against any construction within the
boundaries of the school district for the purpose of funding the
construction or reconstruction of school facilities. The law
authorizes a school district to increase the levy, as prescribed, if
state funds for new school facility construction are not available,
as defined.  
   This bill would, commencing January 1, 2013, suspend the operation
of the provision authorizing the increased levy until January 1,
2015.  
   Existing law authorizes the governing board of any school district
to sell any real property belonging to the school district or to
lease, for a term not exceeding 99 years, any real property belonging
to the school district, together with any personal property located
on the real property, which is not or will not be needed by the
school district for school classroom buildings at the time of
delivery of title or possession.  
   This bill would make nonsubstantive changes to this provision.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 65995.7 of the  
Government Code   is amended to read: 
   65995.7.  (a) (1) If state funds for new school facility
construction are not available, the governing board of a school
district that complies with Section 65995.5 may increase the
alternative fee, charge, dedication, or other requirement calculated
pursuant to subdivision (c) of Section 65995.5 by an amount that may
not exceed the amount calculated pursuant to subdivision (c) of
Section 65995.5, except that for the purposes of calculating this
additional amount, the amount identified in paragraph (2) of
subdivision (c) of Section 65995.5 may not be subtracted from the
amount determined pursuant to paragraph (1) of subdivision (c) of
Section 65995.5. For purposes of this section, state funds are not
available if the State Allocation Board is no longer approving
apportionments for new construction pursuant to Article 5 (commencing
with Section 17072.20) of Chapter 12.5 of Part 10 of the Education
Code due to a lack of funds available for new construction. Upon
making a determination that state funds are no longer available, the
State Allocation Board shall notify the Secretary of the Senate and
the Chief Clerk of the Assembly, in writing, of that determination
and the date when state funds are no longer available for publication
in the respective journal of each house. For the purposes of making
this determination, the board shall not consider whether funds are
available for, or whether it is making preliminary apportionments or
final apportionments pursuant to, Article 11 (commencing with Section
17078.10).
   (2) Paragraph (1) shall become inoperative commencing on the
effective date of the measure that amended this section to add this
paragraph, and shall remain inoperative through the earlier of either
of the following:
   (A) November 5, 2002, if the voters reject the Kindergarten
University Public Education Facilities Bond Act of 2002, after which
date paragraph (1) shall again become operative.
   (B) The date of the 2004 direct primary election after which date
paragraph (1) shall again become operative. 
   (3) Paragraph (1) shall become inoperative commencing on January
1, 2013, and shall remain inoperative through December 31, 2014. On
January 1, 2015, paragraph (1) shall become operative again. 
   (b) A governing board may offer a reimbursement election to the
person subject to the fee, charge, dedication, or other requirement
that provides the person with the right to monetary reimbursement of
the supplemental amount authorized by this section, to the extent
that the district receives funds from state sources for construction
of the facilities for which that amount was required, less any amount
expended by the district for interim housing. At the option of the
person subject to the fee, charge, dedication, or other requirement
the reimbursement election may be made on a tract or lot basis.
Reimbursement of available funds shall be made within 30 days as they
are received by the district.
   (c) A governing board may offer the person subject to the fee,
charge, dedication, or other requirement an opportunity to negotiate
an alternative reimbursement agreement if the terms of the agreement
are mutually agreed upon.
   (d) A governing board may provide that the rights granted by the
reimbursement election or the alternative reimbursement agreement are
assignable. 
  SECTION 1.    Section 17455 of the Education Code
is amended to read:
   17455.  The governing board of a school district may sell any real
property belonging to the school district or may lease for a term
not exceeding 99 years, any real property, together with any personal
property located on the real property, belonging to the school
district that is not or will not be needed by the school district for
school classroom buildings at the time of delivery of title or
possession. The sale or lease may be made without first taking a vote
of the electors of the district, and shall be made in the manner
provided by this article.