Bill Text: CA AB2301 | 2017-2018 | Regular Session | Chaptered

California Assembly Bill 2301 (Prior Session Legislation)

Bill Title: School bonds: Wiseburn Unified School District: Centinela Valley Union High School District.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2018-07-16 - Chaptered by Secretary of State - Chapter 101, Statutes of 2018. [AB2301 Detail]

Download: California-2017-AB2301-Chaptered.html

Assembly Bill No. 2301

CHAPTER 101

An act to amend Section 35582 of the Education Code, relating to school bonds.

[ Approved by Governor July 16, 2018. Filed with Secretary of State July 16, 2018. ]

LEGISLATIVE COUNSEL'S DIGEST

AB 2301, Burke. School bonds: Wiseburn Unified School District: Centinela Valley Union High School District.

(1) Existing law specifies the manner in which bonded indebtedness of a school district on general obligation bonds is reallocated among school districts when school districts are reorganized. Existing law, notwithstanding the provisions above, specifies the manner in which bonded indebtedness of the Wiseburn Unified School District and the Centinela Valley Union High School District are determined upon the reorganization of the Wiseburn School District and the Centinela Valley Union High School District by the formation of the Wiseburn Unified School District and the termination of the Wiseburn School District. Existing law authorizes the Local Public Schools Funding Authority, a joint powers authority created by the Wiseburn School District and the Centinela Valley Union High School District, or the 2 surviving school districts, to issue school facilities construction bonds, as provided. Existing law, if the Local Public Schools Funding Authority maintains outstanding bonded indebtedness issued pursuant to specified programs, requires the bonded indebtedness of the Local Public Schools Funding Authority to be allocated to the Wiseburn Unified School District and the Centinela Valley Union High School District, respectively, in proportionate amounts calculated based on the assessed value of taxable property within each respective school district securing repayment of the bonds.

This bill would instead require the bonded indebtedness of the Local Public Schools Funding Authority to be allocated to the Wiseburn Unified School District and the Centinela Valley Union High School District, respectively, for bonds issued before January 1, 2018, including refunding bonds issued thereafter and related to such bonds, in proportionate amounts calculated based on the assessed value of taxable property within each respective school district securing repayment of the bonds, and, for bonds issued following January 1, 2018, in appropriate amounts calculated based on the amount of proceeds of the bonds of such series expended for projects within each respective school district. To the extent these provisions would require local taxing authorities to perform additional duties, the bill would impose a state-mandated local program.

(2) 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 the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

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

SECTION 1.

Section 35582 of the Education Code is amended to read:

35582.

(a) The bonding limit applicable to the Wiseburn Unified School District shall be equal to the sum of both of the following:

(1) The limit specified in Section 15106, as applied to all taxable real property within the Wiseburn Unified School District zoned for residential purposes of any classification by reference to the general plan of the County of Los Angeles or any other zoning ordinance applicable to the territory.

(2) The limit specified in Section 15102, as applied to all taxable property within the territory of the Wiseburn Unified School District other than real property zoned for residential purposes of any classification by reference to the general plan of the County of Los Angeles or any other zoning ordinance applicable to the territory.

(b) Notwithstanding Section 35543 or any other law, the bonding limit applicable to the Centinela Valley Union High School District shall be equal to the sum of both of the following:

(1) The limit specified in Section 15102, as applied to all taxable property within the Centinela Valley Union High School District.

(c) The bonding limit applicable to bonds payable from ad valorem property taxes of a joint powers authority created by the Wiseburn School District and the Centinela Valley Union High School District or the two surviving school districts, acting together pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code), shall be equal to the sum of the respective bonding limits applicable to the members of such authority.

(d) If the Local Public Schools Funding Authority created by the Wiseburn School District and the Centinela Valley Union High School District, or the two surviving school districts, acting together pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code), maintains outstanding bonded indebtedness issued pursuant to Chapter 1 (commencing with Section 15100), Chapter 1.5 (commencing with Section 15264), or Chapter 2 (commencing with Section 15300), of Part 10 of Division 1 of Title 1, the bonded indebtedness shall be allocated to the Wiseburn Unified School District and the Centinela Valley Union High School District, respectively, for purposes of the calculation of debt capacity pursuant to the bonding limits set forth in subdivisions (a) and (b), according to the following:

(1) As to bonds issued under authorizations approved by voters before January 1, 2018, including refunding bonds issued thereafter and related to such bonds, in proportionate amounts calculated based on the assessed value of taxable property within each respective school district securing repayment of the bonds.

(2) As to bonds issued under authorizations approved by voters following January 1, 2018, in appropriate amounts calculated based on the amount of proceeds of the bonds of such series expended for projects within each respective school district.

(e) This section does not prohibit the Wiseburn Unified School District or the Centinela Valley Union High School District from seeking a waiver pursuant to Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2 or any other similar law of the bonding limits of this section or any other applicable statutory bonding limit.

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.