AB 146,
as amended, Olsen. begin deleteState Capitol: location of California American Portuguese Veterans Memorial. end deletebegin insertSchool finance: annual budgets: reserve balance.end insert
Existing law, in a fiscal year immediately after a fiscal year in which a transfer is made into the Public School System Stabilization Account, which would be created by an Assembly Constitutional Amendment, prohibits a school district’s adopted or revised budget from containing a combined assigned or unassigned ending fund balance that is in excess of either 2 or 3 times the minimum recommended reserve for economic uncertainties adopted by the State Board of Education, depending on the school district’s units of average daily attendance. Existing law authorizes the county superintendent of schools to waive this prohibition, pursuant to specified conditions, for up to 2 consecutive fiscal years within a 3-year period if the school district provides documentation indicating that extraordinary fiscal circumstances substantiate the need for the balance. Existing law provides that the operation of these provisions is contingent on voter approval of the Assembly Constitutional Amendment that creates the Public School System Stabilization Account at the November 4, 2014, statewide general election.
end insertbegin insertThis bill would repeal the provisions prohibiting excess reserve balances in school district budgets.
end insertbegin insertThis bill would declare that it is to take effect immediately as an urgency statute.
end insertExisting law prescribes various duties for the Department of General Services in connection with the development and maintenance of the park around the State Capitol Building. Existing law authorizes the American Portuguese Club Incorporated, in consultation with the department and a specifically created committee, to construct and maintain a memorial in the existing All Veterans Memorial to honor California American Portuguese veterans, as specified.
end deleteThis bill would modify provisions relating to the site of the memorial, requiring it to be located within the Veterans Memorial Grove, a specified area adjacent to the All Veterans Memorial.
end deleteThis bill would declare that it is to take effect immediately as an urgency statute.
end deleteVote: 2⁄3.
Appropriation: no.
Fiscal committee: begin deleteyes end deletebegin insertnoend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 42127.01 of the end insertbegin insertEducation Codeend insertbegin insert is
2repealed.end insert
(a) In a fiscal year immediately after a fiscal year
4in which a transfer is made into the Public School System
5Stabilization Account, a school district budget that is adopted or
6revised pursuant to Section 42127 shall not contain a combined
7assigned or unassigned ending fund balance that is in excess of
8the following:
9(1) For school districts with fewer than 400,000 units of average
10daily attendance, the sum of the school district’s applicable
11minimum recommended reserve for economic uncertainties adopted
P3 1by the state board pursuant to subdivision (a) of Section 33128,
2multiplied by two.
3(2) For school districts with more than 400,000
units of average
4daily attendance, the sum of the school district’s applicable
5minimum recommended reserve for economic uncertainties adopted
6by the state board pursuant to subdivision (a) of Section 33128,
7multiplied by three.
8(b) A county superintendent of schools may grant a school
9district under its jurisdiction an exemption from the requirements
10of subdivision (a) for up to two consecutive fiscal years within a
11three-year period if the school district provides documentation
12indicating that extraordinary fiscal circumstances, including, but
13not limited to, multiyear infrastructure or technology projects,
14substantiate the need for a combined assigned or unassigned ending
15fund balance that is in excess of the minimum recommended
16reserve for economic uncertainties. As a condition of receiving an
17exception, a school district shall do all of the following:
18(1) Provide a statement
that substantiates the need for an
19assigned and unassigned ending fund balance that is in excess of
20the minimum recommended reserve for economic uncertainties.
21(2) Identify the funding amounts in the budget adopted by the
22school district that are associated with the extraordinary fiscal
23circumstances.
24(3) Provide documentation that no other fiscal resources are
25available to fund the extraordinary fiscal circumstances.
26(c) This section shall become operative on December 15, 2014,
27only if Assembly Constitutional Amendment No. 1 of the 2013-14
28Second Extraordinary Session is approved by the voters at the
29November 4, 2014, statewide general election. If Assembly
30Constitutional Amendment No. 1 of the 2013-14 Second
31Extraordinary Session is not approved by the voters at the
32November 4, 2014, statewide general election,
this section shall
33not become operative and is repealed on January 1, 2015.
This act is an urgency statute necessary for the
35immediate preservation of the public peace, health, or safety within
36the meaning of Article IV of the Constitution and shall go into
37immediate effect. The facts constituting the necessity are:
38In order to ensure that Section 42127.01 of the Education Code
39is repealed before the November 4, 2014, statewide general
40election, it is necessary for this act to take immediate effect.
Section 14631 of the Government Code is amended
2to read:
(a) (1) The American Portuguese Club Incorporated,
4or any successor entity, in consultation with the department, may
5plan and construct a memorial to honor California American
6Portuguese veterans, as
provided in this section.
7(2) The memorial shall be located within the Veterans Memorial
8Grove, as identified in Section 16 of Sheet 5, Capitol Park
9Topographic Survey by Morrow Surveying Land Surveyors, dated
10November 11, 2011, adjacent to the All Veterans Memorial. For
11purposes of this section, “All Veterans Memorial” means that area
12in Section 16 from the foot of the berm retaining wall due north
13to the asphaltic concrete pathways. “Veterans Memorial Grove”
14means that undeveloped area in Section 16 from the foot of the
15berm retaining wall due south to the N Street sidewalk.
16(b) The California American Portuguese Veterans Memorial
17Committee is hereby established and shall include as members all
18of the following:
19(1) The director, or his or her designee.
20(2) The State Historic Preservation Officer, or his or her
21designee.
22(3) A Member of the Assembly appointed by the Speaker of the
23Assembly.
24(4) A Member of the Senate appointed by the Senate Committee
25on Rules.
26(c) The department, in consultation with the American
27Portuguese Club Incorporated, shall do all of the following:
28(1) Review the preliminary design plans to identify potential
29maintenance concerns.
30(2) Ensure compliance with the federal Americans with
31Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and with
32
any other safety concerns.
33(3) Review and approve California Environmental Quality Act
34(Division 13 (commencing with Section 21000) of the Public
35Resources Code) documents prepared for work at the designated
36historic property.
37(4) Review final construction documents to ensure that all
38requirements are met.
39(5) Prepare the right-of-entry permit outlining the final area of
40work, final construction documents, construction plans, the
P5 1contractor hired to perform the work, insurance, bonding,
2provisions for damage to state property, and inspection
3requirements.
4(6) Prepare a maintenance agreement outlining the American
5Portuguese Club Incorporated’s responsibility for the long-term
6maintenance of the memorial due to aging, vandalism, or
7relocation.
8(7) Inspect the construction performed by the contractor selected
9by the California American Portuguese Veterans Memorial
10Committee.
11(d) If the American Portuguese Club Incorporated undertakes
12responsibility to construct a memorial under this section, it shall,
13in consultation with the department, establish a schedule for the
14design, construction, and dedication of the memorial, and establish
15a program for the dedication of the memorial.
16(e) The department, the Department of Veterans Affairs, and
17the California American Portuguese Veterans Memorial Committee
18shall approve the design of the memorial.
19(f) If the American Portuguese Club Incorporated undertakes
20responsibility to construct a memorial under this section, it shall
21not begin construction of the memorial until the Joint Committee
22on Rules and the Department of Finance have determined that
23sufficient private funding is available to construct and maintain
24the memorial.
25(g) The
planning, construction, and maintenance of the memorial
26shall be funded exclusively through private donations to the
27American Portuguese Club Incorporated.
28(h) If the American Portuguese Club Incorporated undertakes
29responsibility to construct a memorial under this section, it shall
30sign a maintenance agreement with the state, as created under
31paragraph (6) of subdivision (d), to maintain the memorial with
32private contributions.
33(i) As adopted by the Joint Committee on Rules, this memorial
34shall be constructed within the boundaries of the Veterans
35Memorial Grove, as described in paragraph (2) of subdivision (a).
This act is an urgency statute necessary for the
37immediate preservation of the public peace, health, or safety within
38the meaning of Article IV of the Constitution and shall go into
39immediate effect. The facts constituting the necessity are:
P6 1In order to facilitate completion of the California American
2Portuguese Veterans Memorial at the earliest possible time prior
3to the celebration of Portuguese Heritage Month in June 2014, it
4is necessary for this
act to take immediate effect.
O
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