BILL NUMBER: AB 2591 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 9, 2012
INTRODUCED BY Assembly Member Furutani
FEBRUARY 24, 2012
An act to amend Section 1620 add Article
1.5 (commencing with Section 84730) to Chapter 5 of Part 50 of
Division 7 of Title 3 of the Education Code, relating to
county educational agencies community
colleges, and making an appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
AB 2591, as amended, Furutani. County educational
agencies: county school service fund budgets: posting online.
Community colleges: property tax revenues.
Existing law requires the Board of Governors of the California
Community Colleges, in calculating each community college district's
revenue level for each fiscal year, to subtract, among other things,
local property tax revenue specified by law for general operating
support, exclusive of bond interest and redemption, from the total
revenues owed.
This bill would express the intent of the Legislature to enact
legislation to create a community college local revenue backfill
funding mechanism as specified.
This bill would require the Department of Finance, commencing with
the Budget Act of 2013 upon enactment of the annual Budget Act, to
prominently post on its Internet Web site the total local property
tax revenue, as defined, total fee revenue, as defined, and federal
oil and mineral resource and donations revenue for community college
districts upon which the General Fund appropriation for community
college districts in the annual Budget Act is based. The bill would
also require the posting of this data for the Budget Act of 2012, as
specified.
The bill would require the Chancellor of the California Community
Colleges to certify to the Controller, at specified times, the amount
of property tax revenue and fee revenue estimated for the current
fiscal year and actual property tax revenue and fee revenue for the
prior fiscal year.
The bill would require the Controller to transfer funds between
the General Fund and Section B of the State School Fund, as
applicable, based on whether the amount of property tax revenue and
fee revenue received, plus any previous amount transferred to Section
B of the State School Fund, is greater or less than the amount
certified by the chancellor pursuant to this bill as the basis for
the community college appropriations in the annual Budget Act. The
bill would thereby make an appropriation. To the extent that the
funds appropriated by this bill are allocated to community college
districts for purposes of the bill, the funds may be applied toward
the minimum funding requirements imposed by Section 8 of Article XVI
of the California Constitution.
Existing law requires the county board of education to hold a
public hearing on the proposed county school service fund budget for
that fiscal year. Existing law further requires that the agenda for
that hearing be posted at least 72 hours prior to the hearing and
that it include the location where the budget will be available for
inspection.
This bill would authorize the county board of education to post
the proposed budget on its Internet Web site for inspection by the
public.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to
enact legislation to create a community college local revenue
backfill funding mechanism that effect an automatic backfill of
property taxes and fee revenues by requiring the Controller to
transfer funds from the General Fund to the State School Fund when
community college property tax revenues and fee revenues fall short
of the amount on which the appropriation for community colleges in
the annual Budget Act are based.
SEC. 2. Article 1.5 (commencing with Section
84730) is added to Chapter 5 of Part 50 of
Division 7 of Title 3 of the Education Code ,
to read:
Article 1.5. Local Property Tax Revenue Allocation
84730. (a) (1) Commencing with the Budget Act of 2013, upon the
enactment of the annual Budget Act, the Department of Finance shall
prominently post on its Internet Web site the total local property
tax revenue (net of excess), total fee revenue (net), and federal oil
and mineral resources and donations revenue for community college
districts upon which the General Fund appropriation for community
college districts in the annual Budget Act is based.
(2) As soon as is practicable after the operative date of the act
that adds this section, the Department of Finance shall prominently
post the information described in paragraph (1), as it applies to the
Budget Act of 2012, on its Internet Web Site.
(3) For purposes of this section:
(A) "Total fee revenue" means fee revenue as described in
subdivision (b) of Section 84751.
(B) "Total local property tax revenue" means local property tax
revenue as described in subdivisions (a) and (d) of Section 84751,
and does not include the revenue described in subdivision (b) of
Section 84751.
(b) The chancellor shall certify to the Controller, on or before
December 31 of each fiscal year and on or before May 31 of each
fiscal year, the amount of property tax revenue and fee revenue
estimated for the current fiscal year and the prior year as reported
to the board of governors pursuant to paragraph (3) of subdivision
(b) of Section 70901 and Section 84207 for use in the calculation of
the state general apportionment.
(c) If the total amount of local revenue identified in subdivision
(a) is greater than the amount of local revenue identified in
subdivision (b), plus any previous amount transferred to Section B of
the State School Fund pursuant to this section for the same period,
the Controller, at the time of the next general apportionment
certification by the chancellor, shall transfer an amount equal to
the difference from the General Fund to Section B of the State School
Fund for the purposes of Section 84750.5. If the amount of local
revenue identified in subdivision (b), plus any previous amount
transferred to Section B of the State School Fund pursuant to this
section, is greater than the amount of local revenue identified in
subdivision (a) for the same period, the Controller, at the time of
the next general apportionment certification by the chancellor, shall
transfer an amount equal to the difference from Section B of the
State School Fund to the General Fund.
SECTION 1. Section 1620 of the Education Code
is amended to read:
1620. On or before July 1 of each fiscal year, the county board
of education shall hold a public hearing on the proposed county
school service fund budget for that fiscal year (the "budget year").
The public hearing shall be held before the adoption of the budget by
the county board of education, and shall occur not less than three
days following the availability of the proposed budget for public
inspection. The agenda for that hearing shall be posted at least 72
hours before the hearing and shall include the location of where the
budget will be available for inspection. The county board of
education may post the proposed budget on its Internet Web site for
inspection by the public. At the hearing, any taxpayer directly
affected by the county school service fund budget may appear before
the county board of education and speak on the proposed budget or any
item therein.