Amended in Senate July 1, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1450

Introduced by Assembly Member Garcia

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(Principal coauthor: Senator Lara)

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January 8, 2014

An act to amend begin delete Section 48900 of the Education Code, relating to pupils end delete begin insert Sections 33670, 34172, and 34183 of the Health and Safety Code, and to add Section 95.6 to the Revenue and Taxation Code, relating to local government, and declaring the urgency thereof, to take effect immediately end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1450, as amended, Garcia. begin delete Pupils: grounds for suspension and expulsion: bullying. end delete begin insert Local government: redevelopment: revenues from property tax override rates. end insert

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Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies. Existing law requires revenues equivalent to those that would have been allocated to each redevelopment agency, had the agency not been dissolved, to be allocated to the Redevelopment Property Tax Trust Fund of each successor agency for making payments on the principal of and interest on loans, and moneys advanced to or indebtedness incurred by the dissolved redevelopment agencies. Existing law requires, from February 1, 2012, to July 1, 2012, inclusive, and for each fiscal year thereafter, the county auditor-controller, after deducting administrative costs, to allocate property tax revenues in each Redevelopment Property Tax Trust Fund in a specified manner.

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This bill, for the 2014-15 fiscal year and each fiscal year thereafter, would prohibit any revenues derived from the imposition of a property tax rate, approved by the voters of a city, county, or city and county to make payments in support of pension programs and levied in addition to the general property tax rate, from being allocated to a Redevelopment Property Tax Trust Fund and would, instead, require these revenues to be allocated to, and when collected to be paid into, the fund of the city, county, or city and county whose voters approved the tax unless, following a written request with each Recognized Obligation Payment Schedule cycle from the successor agency to the city, county, or city and county whose voters approved the tax, the city, county, or city and county authorizes the use of the revenues by the successor agency to pay any enforceable obligation, as specified. The bill would require any revenues derived from the imposition of a property tax rate as so described that have been pledged as security for the payment of any indebtedness obligation to be allocated to the successor agency to pay that indebtedness obligation, as specified. The bill would require all allocations of revenues derived from the imposition of a property tax rate as so described made by any county auditor-controller prior to July 1, 2014, to be deemed correct, and would prohibit any city, county, city and county, county auditor-controller, successor agency, or affected taxing entity from being subject to any claim, as specified.

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By adding to the duties of local government officials, this bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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This bill would declare that it is to take effect immediately as an urgency statute.

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Existing law prohibits the suspension, or recommendation for expulsion, of a pupil from school unless the superintendent of the school district or the principal of the school determines that the pupil has committed any of various specified acts, including, but not limited to, engaging in acts of bullying by means of an electronic act. Existing law further defines “electronic act” as both the creation and transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, as specified.

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This bill would instead, for purposes of pupil suspension or recommendation for expulsion from a school define “electronic act” as either the creation or transmission of that communication, as specified.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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(a) The Legislature finds and declares all of the
following:

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(1) The California Constitution limits property-based tax levies,
with exceptions to these limits only when a local jurisdiction
obtains the approval of its voting electorate to use additional
property-based tax levies for specific purposes approved by the
voting electorate, in accordance with applicable constitutional
and statutory provisions.

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(2) With the enactment of Chapter 5 of the 2011-12 First
Extraordinary Session (Assembly Bill 26), the Legislature intended
that, upon dissolution of redevelopment agencies in the State of
California, property taxes that would have been allocated to
redevelopment agencies are no longer deemed tax increment.
Instead, those taxes are deemed property tax revenues and are to
be allocated first to successor agencies to make payments on the
indebtedness incurred by the dissolved redevelopment agencies,
with remaining balances allocated in accordance with applicable
constitutional and statutory provisions.

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(3) It is the intent of the Legislature in enacting this act to do
all of the following:

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(A) If a redevelopment agency had previously pledged revenues
derived from the imposition of a property tax rate, approved by
the voters of a city, county, or city and county to make payments
in support of pension programs and levied in addition to the
property tax rate limited by subdivision (a) of Section 1 of Article
XIII A of the California Constitution, to pay a portion of the debt
service due on indebtedness incurred by the former redevelopment
agency on an approved recognized obligation payment schedule,
then the successor agency shall continue to pledge those revenues,
in a commensurate rate going forward. For example, if revenues
derived from a pension tax rate approved by the voters of a city,
county, or city and county were pledged to pay up to 25 percent
of the annual debt service for the indebtedness approved in a
recognized obligation payment schedule, the successor agency
shall continue to pay up to 25 percent of the annual debt service
on the indebtedness until maturity. Any and all excess pledged
revenues derived from the pension property tax rate that are not
necessary to pay the debt service on the indebtedness shall be
allocated and paid to the city, county, or city and county whose
voters approved the pension property tax rate.

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(B) Ensure that the use of revenues derived from the imposition
of a property tax rate approved by the voters of a city, county, or
city and county, to make payments in support of pension programs
and levied in addition to the property tax rate limited by
subdivision (a) of Section 1 of Article XIII A of the California
Constitution, is consistent with the use approved by the voters of
a city, county, or city and county, once revenues from such property
tax rates are not needed to pay approved indebtedness of a former
redevelopment agency.

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(C) Implement the allocation and distribution of voter-approved,
property-based tax revenues for pension programs under the
redevelopment dissolution process in a manner that would have
been consistent with the allocation and distribution of those
revenues had redevelopment agencies not been dissolved, in
accordance with applicable constitutional provisions.

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(4) Further, it is the intent of the Legislature that this act not
affect any property tax allocations that occurred prior to July 1,
2014.

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begin insert SEC. 2. end insert   

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begin insert Section 33670 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

33670.  

Any redevelopment plan may contain a provision that
taxes, if any, levied upon taxable property in a redevelopment
project each year by or for the benefit of the State of California,
any city, county, city and county, district, or other public
corporation (hereinafter sometimes called “taxing agencies”) after
the effective date of the ordinance approving the redevelopment
plan, shall be divided as follows:

(a)  That portion of the taxes which would be produced by the
rate upon which the tax is levied each year by or for each of the
taxing agencies upon the total sum of the assessed value of the
taxable property in the redevelopment project as shown upon the
assessment roll used in connection with the taxation of that property
by the taxing agency, last equalized prior to the effective date of
the ordinance, shall be allocated to and when collected shall be
paid to the respective taxing agencies as taxes by or for the taxing
agencies on all other property are paid (for the purpose of allocating
taxes levied by or for any taxing agency or agencies which did not
include the territory in a redevelopment project on the effective
date of the ordinance but to which that territory has been annexed
or otherwise included after that effective date, the assessment roll
of the county last equalized on the effective date of the ordinance
shall be used in determining the assessed valuation of the taxable
property in the project on the effective begin delete date); and end delete begin insert date). end insert

(b)  Except as provided in subdivision (e) or in Section
33492.15, that portion of the levied taxes each year in excess of
that amount shall be allocated to and when collected shall be paid
into a special fund of the redevelopment agency to pay the principal
of and interest on loans, moneys advanced to, or indebtedness
(whether funded, refunded, assumed, or otherwise) incurred by
the redevelopment agency to finance or refinance, in whole or in
part, the redevelopment project. Unless and until the total assessed
valuation of the taxable property in a redevelopment project
exceeds the total assessed value of the taxable property in that
project as shown by the last equalized assessment roll referred to
in subdivision (a), all of the taxes levied and collected upon the
taxable property in the redevelopment project shall be paid to the
respective taxing agencies. When the loans, advances, and
indebtedness, if any, and interest thereon, have been paid, all
moneys thereafter received from taxes upon the taxable property
in the redevelopment project shall be paid to the respective taxing
agencies as taxes on all other property are paid.

(c)  In any redevelopment project in which taxes have been
divided pursuant to this section prior to 1968, located within any
county with total assessed valuation subject to general property
taxes for the 1967-68 fiscal year between two billion dollars
($2,000,000,000) and two billion one hundred million dollars
($2,100,000,000), if the total assessed valuation of taxable property
within the redevelopment project for the 1967-68 fiscal year was
reduced, the total sum of the assessed value of taxable property
used as the basis for apportionment of taxes under subdivision (a)
shall be reduced by 10 percent for the 1968-69 fiscal year and
fiscal years thereafter.

(d)  For the purposes of this section, taxes shall not include taxes
from the supplemental assessment roll levied pursuant to Chapter
3.5 (commencing with Section 75) of Part 0.5 of Division 1 of the
Revenue and Taxation Code for the 1983-84 fiscal year.

(e)  That portion of the taxes in excess of the amount identified
in subdivision (a) which are attributable to a tax rate levied by a
taxing agency for the purpose of producing revenues in an amount
sufficient to make annual repayments of the principal of, and the
interest on, any bonded indebtedness for the acquisition or
improvement of real property shall be allocated to, and when
collected shall be paid into, the fund of that taxing agency. This
subdivision shall only apply to taxes levied to repay bonded
indebtedness approved by the voters of the taxing agency on or
after January 1, 1989.

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(f) (1) That portion of the taxes in excess of the amount
identified in subdivision (a) which are attributable to revenues
derived from the imposition of a property tax rate, approved by
the voters of a city, county, or city and county to make payments
in support of pension programs and levied in addition to the
property tax rate limited by subdivision (a) of Section 1 of Article
XIII A of the California Constitution, shall not be allocated to the
Redevelopment Property Tax Trust Fund established pursuant to
subdivision (b) of Section 34170.5 but shall be allocated to, and
when collected shall be paid into, the fund of the city, county, or
city and county whose voters approved the tax unless, following
a written request with each Recognized Obligation Payment
Schedule cycle from the successor agency, as defined in subdivision
(j) of Section 34171, to the city, county, or city and county whose
voters approved the tax, the city, county, or city and county
authorizes the use of the revenues from the fund of the city, county,
or city and county by the successor agency to pay any enforceable
obligation, as defined in subdivision (d) of Section 34171, on an
approved Recognized Obligation Payment Schedule pursuant to
subdivisions (l) and (m) of Section 34177 and subdivision (h) of
Section 34179.

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(2) Subject to the approval of the city, county, or city and county
as provided for in paragraph (1), the amounts necessary to pay
approved enforceable obligations shall be allocated to the
successor agency pursuant to paragraph (2) of subdivision (a) of
Section 34183, from revenues derived from the imposition of a
property tax rate, approved by the voters of a city, county, or city
and county to make payments in support of pension programs and
levied in addition to the property tax rate limited by subdivision
(a) of Section 1 of Article XIII A of the California Constitution, but
only after all other moneys deposited in the successor agency’s
Redevelopment Property Tax Trust Fund established pursuant to
subdivision (b) of Section 34170.5 have been exhausted.

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(3) Any revenues derived from the imposition of a property tax
rate, approved by the voters of a city, county, or city and county
to make payments in support of pension programs, known as a
pension tax rate, and levied in addition to the property tax rate
limited by subdivision (a) of Section 1 of Article XIII A of the
California Constitution, that have been pledged as security for the
payment of any indebtedness obligation, as defined in subdivision
(e) of Section 34171, shall be allocated to the successor agency,
after all other moneys deposited in the successor agency’s
Redevelopment Property Tax Trust Fund established pursuant to
subdivision (b) of Section 34170.5 have been exhausted, in the
amount necessary to pay that indebtedness obligation for an
applicable Recognized Obligation Payment Schedule cycle, until
such time as that indebtedness obligation has been completely
paid off. Any and all excess pledged revenues derived from the
pension property tax rate that are not necessary to pay the debt
service on the indebtedness shall be allocated and paid to the city,
county, or city and county whose voters approved the pension
property tax rate.

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begin insert SEC. 3. end insert   

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begin insert Section 34172 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

34172.  

(a) (1) All redevelopment agencies and redevelopment
agency components of community development agencies created
under Part 1 (commencing with Section 33000), Part 1.5
(commencing with Section 34000), Part 1.6 (commencing with
Section 34050), and Part 1.7 (commencing with Section 34100)
that were in existence on the effective date of this part are hereby
dissolved and shall no longer exist as a public body, corporate or
politic. Nothing in this part dissolves or otherwise affects the
authority of a community redevelopment commission, other than
in its authority to act as a redevelopment agency, in its capacity
as a housing authority or for any other community development
purpose of the jurisdiction in which it operates. For those other
nonredevelopment purposes, the community development
commission derives its authority solely from federal or local laws,
or from state laws other than the Community Redevelopment Law
(Part 1 (commencing with Section 33000)).

(2) A community in which an agency has been dissolved under
this section may not create a new agency pursuant to Part 1
(commencing with Section 33000), Part 1.5 (commencing with
Section 34000), Part 1.6 (commencing with Section 34050), or
Part 1.7 (commencing with Section 34100). However, a community
in which the agency has been dissolved and the successor entity
has paid off all of the former agency’s enforceable obligations
may create a new agency pursuant to Part 1 (commencing with
Section 33000), Part 1.5 (commencing with Section 34000), Part
1.6 (commencing with Section 34050), or Part 1.7 (commencing
with Section 34100), subject to the tax increment provisions
contained in Chapter 3.5 (commencing with Section 34194.5) of
Part 1.9 (commencing with Section 34192).

(b) All authority to transact business or exercise powers
previously granted under the Community Redevelopment Law
(Part 1 (commencing with Section begin delete 33000) end delete begin insert 33000)) end insert is hereby
withdrawn from the former redevelopment agencies.

(c) Solely for purposes of Section 16 of Article XVI of the
California Constitution, the Redevelopment Property Tax Trust
Fund shall be deemed to be a special fund of the dissolved
redevelopment agency to pay the principal of and interest on loans,
moneys advanced to, or indebtedness, whether funded, refunded,
assumed, or otherwise incurred by the redevelopment agency to
finance or refinance, in whole or in part, the redevelopment projects
of each redevelopment agency dissolved pursuant to this part.

(d)  begin delete Revenues end delete begin insert Except as provided in subdivision (c) of Section
34183, revenues end insert equivalent to those that would have been allocated
pursuant to subdivision (b) of Section 16 of Article XVI of the
California Constitution shall be allocated to the Redevelopment
Property Tax Trust Fund of each successor agency for making
payments on the principal of and interest on loans, and moneys
advanced to or indebtedness incurred by the dissolved
redevelopment agencies. Amounts in excess of those necessary to
pay obligations of the former redevelopment agency shall be
deemed to be property tax revenues within the meaning of
subdivision (a) of Section 1 of Article XIII A of the California
Constitution.

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begin insert SEC. 4. end insert   

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begin insert Section 34183 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

34183.  

(a) Notwithstanding any other law, from February 1,
2012, to July 1, 2012, and for each fiscal year thereafter, the county
auditor-controller shall, after deducting administrative costs
allowed under Section 34182 and Section 95.3 of the Revenue and
Taxation Code begin insert and revenues allocated pursuant to subdivision
(c) end insert , allocate moneys in each Redevelopment Property Tax Trust
Fund as follows:

(1) Subject to any prior deductions required by subdivision (b),
first, the county auditor-controller shall remit from the
Redevelopment Property Tax Trust Fund to each local agency and
school entity an amount of property tax revenues in an amount
equal to that which would have been received under Section 33401,
33492.140, 33607, 33607.5, 33607.7, or 33676, as those sections
read on January 1, 2011, or pursuant to any passthrough agreement
between a redevelopment agency and a taxing entity that was
entered into prior to January 1, 1994, that would be in force during
that fiscal year, had the redevelopment agency existed at that time.
The amount of the payments made pursuant to this paragraph shall
be calculated solely on the basis of passthrough payment
obligations, existing prior to the effective date of this part and
continuing as obligations of successor entities, shall occur no later
than May 16, 2012, and no later than June 1, 2012, and each
January 2 and June 1 thereafter. Notwithstanding subdivision (e)
of Section 33670, that portion of the taxes in excess of the amount
identified in subdivision (a) of Section 33670, which are
attributable to a tax rate levied by a taxing entity for the purpose
of producing revenues in an amount sufficient to make annual
repayments of the principal of, and the interest on, any bonded
indebtedness for the acquisition or improvement of real property
shall be allocated to, and when collected shall be paid into, the
fund of that taxing entity. The amount of passthrough payments
computed pursuant to this section, including any passthrough
agreements, shall be computed as though the requirement to set
aside funds for the Low and Moderate Income Housing Fund was
still in effect.

(2) Second, on June 1, 2012, and each January 2 and June 1
thereafter, to each successor agency for payments listed in its
Recognized Obligation Payment Schedule for the six-month fiscal
period beginning January 1, 2012, and July 1, 2012, and each
January 2 and June 1 thereafter, in the following order of priority:

(A) Debt service payments scheduled to be made for tax
allocation bonds.

(B) Payments scheduled to be made on revenue bonds, but only
to the extent the revenues pledged for them are insufficient to make
the payments and only if the agency’s tax increment revenues were
also pledged for the repayment of the bonds.

(C) Payments scheduled for other debts and obligations listed
in the Recognized Obligation Payment Schedule that are required
to be paid from former tax increment revenue.

(3) Third, on June 1, 2012, and each January 2 and June 1
thereafter, to each successor agency for the administrative cost
allowance, as defined in Section 34171, for administrative costs
set forth in an approved administrative budget for those payments
required to be paid from former tax increment revenues.

(4) Fourth, on June 1, 2012, and each January 2 and June 1
thereafter, any moneys remaining in the Redevelopment Property
Tax Trust Fund after the payments and transfers authorized by
paragraphs (1) to (3), inclusive, shall be distributed to local
agencies and school entities in accordance with Section 34188.

(b) If the successor agency reports, no later than April 1, 2012,
and May 1, 2012, and each December 1 and May 1 thereafter, to
the county auditor-controller that the total amount available to the
successor agency from the Redevelopment Property Tax Trust
Fund allocation to that successor agency’s Redevelopment
Obligation Retirement Fund, from other funds transferred from
each redevelopment agency, and from funds that have or will
become available through asset sales and all redevelopment
operations, are insufficient to fund the payments required by
paragraphs (1) to (3), inclusive, of subdivision (a) in the next
six-month fiscal period, the county auditor-controller shall notify
the Controller and the Department of Finance no later than 10 days
from the date of that notification. The county auditor-controller
shall verify whether the successor agency will have sufficient funds
from which to service debts according to the Recognized
Obligation Payment Schedule and shall report the findings to the
Controller. If the Controller concurs that there are insufficient
funds to pay required debt service, the amount of the deficiency
shall be deducted first from the amount remaining to be distributed
to taxing entities pursuant to paragraph (4) begin insert of subdivision (a) end insert , and
if that amount is exhausted, from amounts available for distribution
for administrative costs in paragraph (3) begin insert of subdivision (a) end insert . If an
agency, pursuant to the provisions of Section 33492.15, 33492.72,
33607.5, 33671.5, 33681.15, or 33688 or as expressly provided in
a passthrough agreement entered into pursuant to Section 33401,
made passthrough payment obligations subordinate to debt service
payments required for enforceable obligations, funds for servicing
bond debt may be deducted from the amounts for passthrough
payments under paragraph (1) begin insert of subdivision (a) end insert , as provided in
those sections, but only to the extent that the amounts remaining
to be distributed to taxing entities pursuant to paragraph (4) begin insert of
subdivision (a) end insert and the amounts available for distribution for
administrative costs in paragraph (3) begin insert of subdivision (a) end insert have all
been exhausted.

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(c) (1) (A) Notwithstanding any other law, for the 2014-15
fiscal year and each fiscal year thereafter, any revenues derived
from the imposition of a property tax rate, approved by the voters
of a city, county, or city and county to make payments in support
of pension programs and levied in addition to the property tax rate
limited by subdivision (a) of Section 1 of Article XIII A of the
California Constitution, shall not be allocated to each
Redevelopment Property Tax Trust Fund and shall instead be
allocated to, and when collected shall be paid into, the fund of the
city, county, or city and county whose voters approved the tax
unless, following a written request with each Recognized
Obligation Payment Schedule cycle from the successor agency to
the city, county, or city and county whose voters approved the tax,
the city, county, or city and county authorizes the use of the
revenues from the fund of the city, county, or city and county by
the successor agency to pay any enforceable obligation, as defined
in subdivision (d) of Section 34171, on an approved Recognized
Obligation Payment Schedule pursuant to subdivisions (l) and (m)
of Section 34177 and subdivision (h) of Section 34179.

end insert begin insert

(B) Subject to the approval of the city, county, or city and county
as provided for in paragraph (1), the amounts necessary to pay
approved enforceable obligations shall be allocated to the
successor agency pursuant to paragraph (2) of subdivision (a),
from revenues derived from the imposition of a property tax rate,
approved by the voters of the city, county, or city and county to
make payments in support of pension programs and levied in
addition to the property tax rate limited by subdivision (a) of
Section 1 of Article XIII A of the California Constitution, but only
after all other moneys deposited in the successor agency’s
Redevelopment Property Tax Trust Fund have been exhausted.

end insert begin insert

(C) Any revenues derived from the imposition of a property tax
rate, approved by the voters of a city, county, or city and county
to make payments in support of pension programs and levied in
addition to the property tax rate limited by subdivision (a) of
Section 1 of Article XIII A of the California Constitution, that have
been pledged as security for the payment of any indebtedness
obligation shall be allocated to the successor agency, after all
other moneys deposited in the successor agency’s Redevelopment
Property Tax Trust Fund have been exhausted, in the amount
necessary to pay that indebtedness obligation for an applicable
Recognized Obligation Payment Schedule cycle, until such time
as that indebtedness obligation has been completely paid off. Any
and all excess pledged revenues derived from the pension property
tax rate that are not necessary to pay the debt service on the
indebtedness shall be allocated and paid to the city, county, or
city and county whose voters approved the pension property tax
rate.

end insert begin insert

(2) Notwithstanding any other law, all allocations of revenues
derived from the imposition of a property tax rate, approved by
the voters of a city, county, or city and county to make payments
in support of pension programs and levied in addition to the
property tax rate limited by subdivision (a) of Section 1 of Article
XIII A of the California Constitution, made by any county
auditor-controller prior to July 1, 2014, shall be deemed correct
and shall not be affected by this act. A city, county, city and county,
county auditor-controller, successor agency, or affected taxing
entity shall not be subject to any claim for money, damages, or
reallocated revenues based on any allocation of such revenues
prior to July 1, 2014.

end insert begin delete

(c)

end delete

begin insert (d) end insert  The county treasurer may loan any funds from the county
treasury to the Redevelopment Property Tax Trust Fund of the
successor agency for the purpose of paying an item approved on
the Recognized Obligation Payment Schedule at the request of the
Department of Finance that are necessary to ensure prompt
payments of redevelopment agency debts. An enforceable
obligation is created for repayment of those loans.

begin delete

(d)

end delete

begin insert (e) end insert  The Controller may recover the costs of audit and oversight
required under this part from the Redevelopment Property Tax
Trust Fund by presenting an invoice therefor to the county
auditor-controller who shall set aside sufficient funds for and
disburse the claimed amounts prior to making the next distributions
to the taxing entities pursuant to Section 34188. Subject to the
approval of the Director of Finance, the budget of the Controller
may be augmented to reflect the reimbursement, pursuant to
Section 28.00 of the Budget Act.

begin delete

(e)

end delete

begin insert (f) end insert  Within 10 days of each distribution of property tax, the
county auditor-controller shall provide a report to the department
regarding the distribution for each successor agency that includes
information on the total available for allocation, the passthrough
amounts and how they were calculated, the amounts distributed
to successor agencies, and the amounts distributed to taxing entities
in a manner and form specified by the department. This reporting
requirement shall also apply to distributions required under
subdivision (b) of Section 34183.5.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 95.6 is added to the end insert begin insert Revenue and Taxation
Code end insert begin insert , to read: end insert

begin insert

begin insert 95.6. end insert   

Notwithstanding any other law, allocations of revenues
derived from the imposition of a property tax rate, approved by
the voters of a city, county, or city and county to make payments
in support of pension programs and levied in addition to the
property tax rate limited by subdivision (a) of Section 1 of Article
XIII A of the California Constitution, shall be made pursuant to
subdivision (c) of Section 34183 of the Health and Safety Code.

end insert

begin insert

begin insert SEC. 6. end insert   

No inference shall be drawn from the enactment of this
act with respect to the use, distribution, or allocation of revenues
derived from the imposition of a property tax rate, approved by
the voters of a city, county, or city and county to make payments
in support of pension programs and levied in addition to the
property tax rate limited by subdivision (a) of Section 1 of Article
XIII A of the California Constitution, made by any county
auditor-controller prior to July 1, 2014.

end insert

begin insert

begin insert SEC. 7. end insert   

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

begin insert

begin insert SEC. 8. end insert   

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order to avoid underfunded pension programs as a result of
revenues derived from the imposition of a property tax rate,
approved by the voters of a city, county, or city and county to make
payments in support of pension programs and levied in addition
to the property tax rate limited by subdivision (a) of Section 1 of
Article XIII A of the California Constitution, being allocated first
to successor agencies to make payments on the indebtedness
incurred by the dissolved redevelopment agencies, with remaining
balances being allocated in accordance with applicable
constitutional and statutory provisions, instead of being paid
entirely into the fund of the city, county, or city and county whose
voters approved the tax, it is necessary that this act take effect
immediately.

end insert

begin delete

SECTION 1.  

Section 48900 of the Education Code is amended
to read:

48900.  

A pupil shall not be suspended from school or
recommended for expulsion, unless the superintendent of the school
district or the principal of the school in which the pupil is enrolled
determines that the pupil has committed an act as defined pursuant
to any of subdivisions (a) to (r), inclusive:

(a) (1) Caused, attempted to cause, or threatened to cause
physical injury to another person.

(2) Willfully used force or violence upon the person of another,
except in self-defense.

(b) Possessed, sold, or otherwise furnished a firearm, knife,
explosive, or other dangerous object, unless, in the case of
possession of an object of this type, the pupil had obtained written
permission to possess the item from a certificated school employee,
which is concurred in by the principal or the designee of the
principal.

(c) Unlawfully possessed, used, sold, or otherwise furnished,
or been under the influence of, a controlled substance listed in
Chapter 2 (commencing with Section 11053) of Division 10 of the
Health and Safety Code, an alcoholic beverage, or an intoxicant
of any kind.

(d) Unlawfully offered, arranged, or negotiated to sell a
controlled substance listed in Chapter 2 (commencing with Section
11053) of Division 10 of the Health and Safety Code, an alcoholic
beverage, or an intoxicant of any kind, and either sold, delivered,
or otherwise furnished to a person another liquid, substance, or
material and represented the liquid, substance, or material as a
controlled substance, alcoholic beverage, or intoxicant.

(e) Committed or attempted to commit robbery or extortion.

(f) Caused or attempted to cause damage to school property or
private property.

(g) Stole or attempted to steal school property or private
property.

(h) Possessed or used tobacco, or products containing tobacco
or nicotine products, including, but not limited to, cigarettes, cigars,
miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew
packets, and betel. However, this section does not prohibit use or
possession by a pupil of his or her own prescription products.

(i) Committed an obscene act or engaged in habitual profanity
or vulgarity.

(j) Unlawfully possessed or unlawfully offered, arranged, or
negotiated to sell drug paraphernalia, as defined in Section 11014.5
of the Health and Safety Code.

(k) Disrupted school activities or otherwise willfully defied the
valid authority of supervisors, teachers, administrators, school
officials, or other school personnel engaged in the performance of
their duties.

(l) Knowingly received stolen school property or private
property.

(m) Possessed an imitation firearm. As used in this section,
“imitation firearm” means a replica of a firearm that is so
substantially similar in physical properties to an existing firearm
as to lead a reasonable person to conclude that the replica is a
firearm.

(n) Committed or attempted to commit a sexual assault as
defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal
Code or committed a sexual battery as defined in Section 243.4
of the Penal Code.

(o) Harassed, threatened, or intimidated a pupil who is a
complaining witness or a witness in a school disciplinary
proceeding for purposes of either preventing that pupil from being
a witness or retaliating against that pupil for being a witness, or
both.

(p) Unlawfully offered, arranged to sell, negotiated to sell, or
sold the prescription drug Soma.

(q) Engaged in, or attempted to engage in, hazing. For purposes
of this subdivision, “hazing” means a method of initiation or
preinitiation into a pupil organization or body, whether or not the
organization or body is officially recognized by an educational
institution, which is likely to cause serious bodily injury or personal
degradation or disgrace resulting in physical or mental harm to a
former, current, or prospective pupil. For purposes of this
subdivision, “hazing” does not include athletic events or
school-sanctioned events.

(r) Engaged in an act of bullying. For purposes of this
subdivision, the following terms have the following meanings:

(1) “Bullying” means any severe or pervasive physical or verbal
act or conduct, including communications made in writing or by
means of an electronic act, and including one or more acts
committed by a pupil or group of pupils as defined in Section
48900.2, 48900.3, or 48900.4, directed toward one or more pupils
that has or can be reasonably predicted to have the effect of one
or more of the following:

(A) Placing a reasonable pupil or pupils in fear of harm to that
pupil’s or those pupils’ person or property.

(B) Causing a reasonable pupil to experience a substantially
detrimental effect on his or her physical or mental health.

(C) Causing a reasonable pupil to experience substantial
interference with his or her academic performance.

(D) Causing a reasonable pupil to experience substantial
interference with his or her ability to participate in or benefit from
the services, activities, or privileges provided by a school.

(2) (A) “Electronic act” means the creation or transmission
originated on or off the schoolsite, by means of an electronic
device, including, but not limited to, a telephone, wireless
telephone, or other wireless communication device, computer, or
pager, of a communication, including, but not limited to, any of
the following:

(i) A message, text, sound, or image.

(ii) A post on a social network Internet Web site, including, but
not limited to:

(I) Posting to or creating a burn page. “Burn page” means an
Internet Web site created for the purpose of having one or more
of the effects listed in paragraph (1).

(II) Creating a credible impersonation of another actual pupil
for the purpose of having one or more of the effects listed in
paragraph (1). “Credible impersonation” means to knowingly and
without consent impersonate a pupil for the purpose of bullying
the pupil and such that another pupil would reasonably believe, or
has reasonably believed, that the pupil was or is the pupil who was
impersonated.

(III) Creating a false profile for the purpose of having one or
more of the effects listed in paragraph (1). “False profile” means
a profile of a fictitious pupil or a profile using the likeness or
attributes of an actual pupil other than the pupil who created the
false profile.

(B) Notwithstanding paragraph (1) and subparagraph (A), an
electronic act shall not constitute pervasive conduct solely on the
basis that it has been transmitted on the Internet or is currently
posted on the Internet.

(3) “Reasonable pupil” means a pupil, including, but not limited
to, an exceptional needs pupil, who exercises average care, skill,
and judgment in conduct for a person of his or her age, or for a
person of his or her age with his or her exceptional needs.

(s) A pupil shall not be suspended or expelled for any of the
acts enumerated in this section unless the act is related to a school
activity or school attendance occurring within a school under the
jurisdiction of the superintendent of the school district or principal
or occurring within any other school district. A pupil may be
suspended or expelled for acts that are enumerated in this section
and related to a school activity or school attendance that occur at
any time, including, but not limited to, any of the following:

(1) While on school grounds.

(2) While going to or coming from school.

(3) During the lunch period whether on or off the campus.

(4) During, or while going to or coming from, a
school-sponsored activity.

(t) A pupil who aids or abets, as defined in Section 31 of the
Penal Code, the infliction or attempted infliction of physical injury
to another person may be subject to suspension, but not expulsion,
pursuant to this section, except that a pupil who has been adjudged
by a juvenile court to have committed, as an aider and abettor, a
crime of physical violence in which the victim suffered great bodily
injury or serious bodily injury shall be subject to discipline pursuant
to subdivision (a).

(u) As used in this section, “school property” includes, but is
not limited to, electronic files and databases.

(v) For a pupil subject to discipline under this section, a
superintendent of the school district or principal may use his or
her discretion to provide alternatives to suspension or expulsion
that are age appropriate and designed to address and correct the
pupil’s specific misbehavior as specified in Section 48900.5.

(w) It is the intent of the Legislature that alternatives to
suspension or expulsion be imposed against a pupil who is truant,
tardy, or otherwise absent from school activities.

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