Bill Text: CA AB136 | 2013-2014 | Regular Session | Amended

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Bill Title: School facilities: sale or lease of real property: advisory committee.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB136 Detail]

Download: California-2013-AB136-Amended.html

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BILL NUMBER: AB 136	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Buchanan

                        JANUARY 16, 2013

   An act to amend Section  17466   17389 
of the Education Code, relating to school facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 136, as amended, Buchanan. School facilities: sale or lease of
real  property.   property: advisory committee.
 
   Existing law authorizes the governing board of a school district,
and requires the governing board prior to the sale, lease, or rental
of any excess real property, except rentals not exceeding 30 days, to
appoint a district advisory committee to advise the governing board
in the development of districtwide policies and procedures governing
the use or disposition of school buildings or space in school
buildings that is not needed for school purposes. Existing law
requires the advisory committee to consist of between 7 and 11
members and to be representative of specified populations.  

   This bill would require the governing board to appoint at least 2
members to the advisory committee with expertise in environmental
impact, legal contracts, building codes, and land use planning, as
specified. This bill would require the advisory committee to consist
of between 8 and 12 members.  
   By requiring the governing board of a school district to appoint 2
members with expertise in environmental impact, legal contracts,
building costs, and land use planning, this bill would impose a
state-mandated local program.  
   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.  
   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.  
   Existing law requires the governing board of a school district,
before ordering the sale or lease of any property, to adopt a
resolution that includes specified provisions in a regular open
meeting by a 2/3 vote of its members declaring its intention to sell
or lease the property.  
   This bill would make nonsubstantive changes to that provision.

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


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

   SECTION 1.    Section 17389 of the   
 Education Code   is amended to read: 
   17389.   (a)    A school district advisory
committee appointed pursuant to Section 17388 shall consist of not
less than  seven   8  nor more than
 11   12  members, and shall be
representative of each of the following: 
   (a) 
    (1)  The ethnic, age group, and socioeconomic
composition of  the pupils enrolled in  the district.

   (b) 
    (2)  The business community, such as store owners,
managers, or supervisors. 
   (c) 
    (3)  Landowners or renters, with preference to be given
to representatives of neighborhood associations. 
   (d) 
    (4)  Teachers. 
   (e) 
    (5)  Administrators. 
   (f) 
    (6)  Parents of students. 
   (g) 
    (7)  Persons with expertise in environmental impact,
legal contracts, building codes, and land use planning, including,
but not limited to, knowledge of the zoning and other land use
restrictions of the cities or cities and counties in which surplus
space and real property is located. 
   (b) A school district advisory committee shall consist of at least
2 members who meet the description contained in paragraph (7) of
subdivision (a). 
   SEC. 2.    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.  
  SECTION 1.    Section 17466 of the Education Code
is amended to read:
   17466.  Before ordering the sale or lease of a property, the
governing board of a school district, in a regular open meeting, by a
two-thirds vote of all its members, shall adopt a resolution
declaring its intention to sell or lease the property, as the case
may be. The resolution shall describe the property proposed to be
sold or leased in such manner as to identify it and shall specify the
minimum price or rental and the terms upon which it will be sold or
leased and the commission, or rate thereof, if any, that the
governing board of the school district will pay to a licensed real
estate broker out of the minimum price or rental. The resolution
shall fix a time not less than three weeks thereafter for a public
meeting of the governing board of the school district to be held at
its regular place of meeting, at which sealed proposals to purchase
or lease will be received and considered.