Bill Text: CA AB308 | 2013-2014 | Regular Session | Chaptered

California Assembly Bill 308 (Prior Session Legislation)

Bill Title: School facilities: sale of surplus real property: return of state school facilities funding program funds.

Sponsorship: Partisan Bill (Republican 1)

Status: (Passed) 2013-10-02 - Chaptered by Secretary of State - Chapter 496, Statutes of 2013. [AB308 Detail]

Download: California-2013-AB308-Chaptered.html

BILL NUMBER: AB 308	CHAPTERED
	BILL TEXT

	CHAPTER  496
	FILED WITH SECRETARY OF STATE  OCTOBER 2, 2013
	APPROVED BY GOVERNOR  OCTOBER 2, 2013
	PASSED THE SENATE  AUGUST 26, 2013
	PASSED THE ASSEMBLY  AUGUST 30, 2013
	AMENDED IN SENATE  JUNE 26, 2013
	AMENDED IN ASSEMBLY  MAY 20, 2013
	AMENDED IN ASSEMBLY  MAY 6, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Hagman

                        FEBRUARY 12, 2013

   An act to add Section 17462.3 to the Education Code, relating to
school facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 308, Hagman. School facilities: sale of surplus real property:
return of state school facilities funding program funds.
   Existing law authorizes the governing board of any school district
to sell any real property belonging to the school district, or lease
for a term not exceeding 99 years, any real property, together with
any personal property located on the real property, belonging to the
school district which is not or will not be needed by the school
district for school classroom buildings at the time of delivery of
title or possession. Existing law requires the governing board of a
school district seeking to sell or lease real property designed to
provide direct instruction or instructional support it deems to be
surplus property to first offer that property for sale or lease to
any charter school that has submitted a written request to the school
district to be notified of surplus property offered for sale or
lease by the school district. Existing law authorizes the proceeds
from the sale or lease with option to purchase to be deposited in the
general fund of the school district, to be used for one-time
expenditures, if the governing board of the school district and the
State Allocation Board have determined that the school district has
no anticipated need for additional site or building construction for
the 10-year period following the sale or lease with option to
purchase, and the school district has no major deferred maintenance
requirements.
   This bill would authorize the State Allocation Board to establish
a program under which it would require a school district, county
office of education, or charter school that sells real property that
was purchased with or modernized with, or on which improvements were
constructed that were funded with, any moneys from a state school
facilities funding program, to return to the board the moneys the
school district, county office of education, or charter school
received from the state school facilities funding program for the
purchase, modernization, or construction if certain conditions are
met. Under this program, these moneys would, if received within the
10 years immediately before the sale of the real property, be
required to be returned if the real property, is not sold to a
charter school, a school district, a county office of education, or
an agency that will use the property exclusively for the delivery of
child care and development services, except as specified.
   The bill would, if a portion of the real property is sold, require
that a proportionate amount of funds received from a state school
facilities funding program be returned to the State Allocation Board
under this provision based on the percentage of the real property
sold.


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

  SECTION 1.  Section 17462.3 is added to the Education Code, to
read:
   17462.3.  (a) The State Allocation Board may establish a program
that requires a school district, county office of education, or
charter school that sells real property that was purchased with or
modernized with, or on which improvements were constructed that were
funded with, any moneys from a state school facilities funding
program, to return to the State Allocation Board the moneys the
school district, county office of education, or charter school
received from the state school facilities funding program for the
purchase, modernization, or construction if all of the following
conditions are met:
   (1) The real property is not sold to a charter school, a school
district, a county office of education, or an agency that will use
the property exclusively for the delivery of child care and
development services, pursuant to Section 17457.5.
   (2) The proceeds from the sale of the real property are not used
for capital outlay.
   (3) The real property was purchased, or the improvements were
constructed or modernized on the real property, within 10 years
before the real property is sold.
   (b) The moneys to be returned to the State Allocation Board under
this section are those received within 10 years before the real
property is sold.
   (c) If a portion of the real property is sold, a proportionate
amount of funds received from a state school facilities funding
program shall be returned to the State Allocation Board under this
section based on the percentage of the real property sold.