Bill Text: CA AB146 | 2013-2014 | Regular Session | Amended
Bill Title: School finance: annual budgets: reserve balance.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2014-08-21 - Motion to withdraw bill from committee failed. (Ayes 10. Noes 22. Page 4691.) [AB146 Detail]
Download: California-2013-AB146-Amended.html
BILL NUMBER: AB 146 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 18, 2014
AMENDED IN SENATE FEBRUARY 11, 2014
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Olsen
( Principal coauthor: Senator
Fuller )
JANUARY 18, 2013
An act to amend Section 14631 of the Government Code,
relating to the State Capitol, and declaring the urgency thereof, to
take effect immediately. repeal Section 42127.01 of
the Education Code, relating to school finance, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 146, as amended, Olsen. State Capitol: location of
California American Portuguese Veterans Memorial.
School finance: annual budgets: reserve balance.
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.
This bill would repeal the provisions prohibiting excess reserve
balances in school district budgets.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing 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.
This 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.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42127.01 of the
Education Code is repealed.
42127.01. (a) In a fiscal year immediately after a fiscal year in
which a transfer is made into the Public School System Stabilization
Account, a school district budget that is adopted or revised
pursuant to Section 42127 shall not contain a combined assigned or
unassigned ending fund balance that is in excess of the following:
(1) For school districts with fewer than 400,000 units of average
daily attendance, the sum of the school district's applicable minimum
recommended reserve for economic uncertainties adopted by the state
board pursuant to subdivision (a) of Section 33128, multiplied by
two.
(2) For school districts with more than 400,000 units of average
daily attendance, the sum of the school district's applicable minimum
recommended reserve for economic uncertainties adopted by the state
board pursuant to subdivision (a) of Section 33128, multiplied by
three.
(b) A county superintendent of schools may grant a school district
under its jurisdiction an exemption from the requirements of
subdivision (a) for up to two consecutive fiscal years within a
three-year period if the school district provides documentation
indicating that extraordinary fiscal circumstances, including, but
not limited to, multiyear infrastructure or technology projects,
substantiate the need for a combined assigned or unassigned ending
fund balance that is in excess of the minimum recommended reserve for
economic uncertainties. As a condition of receiving an exception, a
school district shall do all of the following:
(1) Provide a statement that substantiates the need for an
assigned and unassigned ending fund balance that is in excess of the
minimum recommended reserve for economic uncertainties.
(2) Identify the funding amounts in the budget adopted by the
school district that are associated with the extraordinary fiscal
circumstances.
(3) Provide documentation that no other fiscal resources are
available to fund the extraordinary fiscal circumstances.
(c) This section shall become operative on December 15, 2014, only
if Assembly Constitutional Amendment No. 1 of the 2013-14 Second
Extraordinary Session is approved by the voters at the November 4,
2014, statewide general election. If Assembly Constitutional
Amendment No. 1 of the 2013-14 Second Extraordinary Session is not
approved by the voters at the November 4, 2014, statewide general
election, this section shall not become operative and is repealed on
January 1, 2015.
SEC. 2. 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 ensure that Section 42127.01 of the Education Code is
repealed before the November 4, 2014, statewide general election, it
is necessary for this act to take immediate effect.
SECTION 1. Section 14631 of the Government Code
is amended to read:
14631. (a) (1) The American Portuguese Club Incorporated, or any
successor entity, in consultation with the department, may plan and
construct a memorial to honor California American Portuguese
veterans, as provided in this section.
(2) The memorial shall be located within the Veterans Memorial
Grove, as identified in Section 16 of Sheet 5, Capitol Park
Topographic Survey by Morrow Surveying Land Surveyors, dated November
11, 2011, adjacent to the All Veterans Memorial. For purposes of
this section, "All Veterans Memorial" means that area in Section 16
from the foot of the berm retaining wall due north to the asphaltic
concrete pathways. "Veterans Memorial Grove" means that undeveloped
area in Section 16 from the foot of the berm retaining wall due south
to the N Street sidewalk.
(b) The California American Portuguese Veterans Memorial Committee
is hereby established and shall include as members all of the
following:
(1) The director, or his or her designee.
(2) The State Historic Preservation Officer, or his or her
designee.
(3) A Member of the Assembly appointed by the Speaker of the
Assembly.
(4) A Member of the Senate appointed by the Senate Committee on
Rules.
(c) The department, in consultation with the American Portuguese
Club Incorporated, shall do all of the following:
(1) Review the preliminary design plans to identify potential
maintenance concerns.
(2) Ensure compliance with the federal Americans with Disabilities
Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and with any other safety
concerns.
(3) Review and approve California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code) documents prepared for work at the designated historic
property.
(4) Review final construction documents to ensure that all
requirements are met.
(5) Prepare the right-of-entry permit outlining the final area of
work, final construction documents, construction plans, the
contractor hired to perform the work, insurance, bonding, provisions
for damage to state property, and inspection requirements.
(6) Prepare a maintenance agreement outlining the American
Portuguese Club Incorporated's responsibility for the long-term
maintenance of the memorial due to aging, vandalism, or relocation.
(7) Inspect the construction performed by the contractor selected
by the California American Portuguese Veterans Memorial Committee.
(d) If the American Portuguese Club Incorporated undertakes
responsibility to construct a memorial under this section, it shall,
in consultation with the department, establish a schedule for the
design, construction, and dedication of the memorial, and establish a
program for the dedication of the memorial.
(e) The department, the Department of Veterans Affairs, and the
California American Portuguese Veterans Memorial Committee shall
approve the design of the memorial.
(f) If the American Portuguese Club Incorporated undertakes
responsibility to construct a memorial under this section, it shall
not begin construction of the memorial until the Joint Committee on
Rules and the Department of Finance have determined that sufficient
private funding is available to construct and maintain the memorial.
(g) The planning, construction, and maintenance of the memorial
shall be funded exclusively through private donations to the American
Portuguese Club Incorporated.
(h) If the American Portuguese Club Incorporated undertakes
responsibility to construct a memorial under this section, it shall
sign a maintenance agreement with the state, as created under
paragraph (6) of subdivision (d), to maintain the memorial with
private contributions.
(i) As adopted by the Joint Committee on Rules, this memorial
shall be constructed within the boundaries of the Veterans Memorial
Grove, as described in paragraph (2) of subdivision (a).
SEC. 2. 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 facilitate completion of the California American
Portuguese Veterans Memorial at the earliest possible time prior to
the celebration of Portuguese Heritage Month in June 2014, it is
necessary for this act to take immediate effect.
