Bill Text: CA AB1080 | 2009-2010 | Regular Session | Chaptered

California Assembly Bill 1080 (Prior Session Legislation)

Bill Title: School districts: leases and agreements.

Sponsorship: Partisan Bill (Democrat 4)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 383, Statutes of 2009. [AB1080 Detail]

Download: California-2009-AB1080-Chaptered.html

BILL NUMBER: AB 1080	CHAPTERED
	BILL TEXT

	CHAPTER  383
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  AUGUST 24, 2009
	PASSED THE ASSEMBLY  AUGUST 27, 2009
	AMENDED IN SENATE  JULY 9, 2009
	AMENDED IN ASSEMBLY  MAY 14, 2009
	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Skinner
   (Coauthors: Assembly Members Ammiano and Torlakson)
   (Coauthor: Senator Hancock)

                        FEBRUARY 27, 2009

   An act to amend Sections 17515, 17516, 17518, 17519, and 17524 of
the Education Code, relating to school districts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1080, Skinner.  School districts: leases and agreements.
   Existing law authorizes a school district to enter into leases and
agreements relating to real property and buildings to be used
jointly by the district and any private person, firm, or corporation,
pursuant to specified provisions.
   This bill would additionally authorize a school district to enter
into leases and agreements relating to real property and buildings to
be used jointly by the district and a local governmental agency, as
defined.


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

  SECTION 1.  Section 17515 of the Education Code is amended to read:

   17515.  Any school district may enter into leases and agreements
relating to real property and buildings to be used jointly by the
district and any private person, firm, local governmental agency, as
defined in paragraph (3) of subdivision (f) of Section 4420 of the
Government Code, or corporation pursuant to this article. As used in
this article, "building" includes onsite and offsite facilities,
utilities and improvements that, as agreed upon by the parties, are
appropriate for the proper operation or function of the building to
be occupied jointly by the district and the private person, firm, or
corporation. It also includes the permanent improvement of school
grounds.
   Any building, or portion thereof, that is used by a private
person, firm, local governmental agency, as defined in paragraph (3)
of subdivision (f) of Section 4420 of the Government Code, or
corporation pursuant to this section shall be subject to the zoning
and building code requirements of the local jurisdiction in which the
building is situated.
   Section 53094 of the Government Code shall not be applicable to
uses of school district property or buildings authorized by this
section, except in the case of property or buildings used solely for
educational purposes.
  SEC. 2.  Section 17516 of the Education Code is amended to read:
   17516.  (a) Before the governing board of a school district enters
into a lease or agreement pursuant to this article, it shall own a
site upon which a building to be used by the district and private
person, firm, local governmental agency, as defined in paragraph (3)
of subdivision (f) of Section 4420 of the Government Code, or
corporation may be constructed and shall have complied with the
provisions of law relating to the selection and approval of sites.
   (b) This section shall not apply to any building to be acquired by
purchase pursuant to Article 2 (commencing with Section 17110) of
Chapter 16 of Part 10.
  SEC. 3.  Section 17518 of the Education Code is amended to read:
   17518.  (a) The governing board of a school district may let to
any private person, firm, local governmental agency, as defined in
paragraph (3) of subdivision (f) of Section 4420 of the Government
Code, or corporation, any real property that belongs to the district
if the instrument by which the property is let requires the lessee
therein to construct on the demised premises, or provide for the
construction thereon of, a building or buildings for the joint use of
the school district and the private person, firm, local governmental
agency, as defined in paragraph (3) of subdivision (f) of Section
4420 of the Government Code, or corporation during the term of the
agreement.
   (b) However, title to that portion of the building to be occupied
by the private individual, firm, local governmental agency, as
defined in paragraph (3) of subdivision (f) of Section 4420 of the
Government Code, or corporation shall remain exclusively the personal
property of the private party during the term of the lease and the
title to that portion of the building to be occupied by the district
shall vest in the district upon completion thereof and acceptance
thereof by the school district. No rental fee or other charge for the
use of the building shall be paid by the district.
  SEC. 4.  Section 17519 of the Education Code is amended to read:
   17519.  Any lease of real property by a school district to a
private person, firm, local governmental agency, as defined in
paragraph (3) of subdivision (f) of Section 4420 of the Government
Code, or corporation pursuant to this article shall be upon the terms
and conditions as the parties thereto may agree and may be entered
into without complying with any provisions of this code except as
provided in this article. However, any lease or agreement pursuant to
this article shall be subject to Article 7 (commencing with Section
35230) of Chapter 2 of Part 21.
  SEC. 5.  Section 17524 of the Education Code is amended to read:
   17524.  (a) After considering all proposals submitted, the
governing board of the school district may, subject to Section 17525,
select the plan or proposal that best meets the needs of the school
district and enter into a contract incorporating that plan or
proposal either as submitted or as revised by the governing board of
the school district. However, the governing board shall not approve
any proposal nor enter into a lease or contract incorporating a
proposal until the governing board has submitted the proposal to the
State Board of Education, and the State Board of Education has
approved the proposal. The State Board of Education shall, within 45
days of the date of submission, notify the governing board of its
approval or disapproval.
   (b) The governing board shall require any person, firm, local
governmental agency, as defined in paragraph (3) of subdivision (f)
of Section 4420 of the Government Code, or corporation with whom it
enters into a lease or agreement pursuant to this article to file one
of the following, as determined by the governing board:
   (1) A bond for the performance of the lease or agreement.
   (2) An irrevocable letter of credit issued by a state or national
bank or a federal or state credit union for the performance of the
lease or agreement.