Bill Text: CA AB721 | 2023-2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: School districts: budgets: public hearings: notice.

Spectrum: Bipartisan Bill

Status: (Passed) 2023-10-13 - Chaptered by Secretary of State - Chapter 811, Statutes of 2023. [AB721 Detail]

Download: California-2023-AB721-Introduced.html

---

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 721

---

Introduced by Assembly Member Valencia
(Coauthors: Assembly Members Chen and Davies)
(Coauthor: Senator Seyarto)

February 13, 2023

---

An act to amend Section 42103 of the Education Code, relating to school districts.

LEGISLATIVE COUNSEL'S DIGEST

AB 721, as introduced, Valencia. School districts: budgets: public hearings: notice.

Existing law requires the governing board of each school district to hold a public hearing on the proposed budget of the school district in a school district facility, or some other place conveniently accessible to the residents of the school district, as specified. Existing law requires notification of the dates and location or locations at which the proposed budget may be inspected by the public, and the date, time, and location of the public hearing on the proposed budget to be published by the county superintendent of schools in a newspaper of general circulation in the school district or, if there is no newspaper of general circulation in the school district, in any newspaper of general circulation in the county, at least 3 days before the availability of the proposed budget for public inspection.

This bill would require that information to instead be posted prominently on the homepage of the internet website of the school district or published by the school district in a newspaper of general circulation in the school district or, if there is no newspaper of general circulation in the school district, in any newspaper of general circulation in the county, at least 3 days before the availability of the proposed budget for public inspection. By imposing additional duties on school district officials, the 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 the statutory provisions noted above.

Digest Key

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

---

Bill Text

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

SECTION 1.

 Section 42103 of the Education Code is amended to read:

42103.

 (a) The governing board of each school district shall hold a public hearing on the proposed budget in a school district facility, or some other place conveniently accessible to the residents of the school district. The public hearing shall be held any day on or before the date specified for this purpose in subdivision (a) of, or paragraph (3) of subdivision (d) of, Section 42127, but not less than three working days following availability of the proposed budget for public inspection. At the hearing any resident in the school district may appear and object to the proposed budget or any item in the budget.

(b) The public hearing required by this section may be concluded on the proposed budget when there are no requests for further hearing on file, and shall be concluded no later than the date specified for this purpose in subdivision (a) of, or paragraph (3) of subdivision (d) of, Section 42127. The budget shall not be finally adopted by the governing board of the school district until after the public hearing has been held.

(c) The proposed budget shall show expenditures, cash balances, and all revenues revenues, as required to be tabulated in pursuant to Sections 42122 and 42123, and also shall include an estimate of those figures, unaudited, for the preceding fiscal year. In addition, any tax statement submitted by the governing board of the school district pursuant to subdivision (a) of Section 42127, any school district tax requirement computed pursuant to subdivision (b) of Section 42127 for the school year to which the proposed budget is intended to apply, and any recommendations made by the county superintendent of schools pursuant to subdivision (d) of Section 42127 shall be made available by the school district for public inspection in a facility of the school district or in some other place conveniently accessible to residents of the school district.

(d) Notification of the dates and location or locations at which the proposed budget may be inspected by the public public, and the date, time, and location of the public hearing on the proposed budget shall be posted prominently on the homepage of the internet website of the school district or published by the county superintendent of schools school district in a newspaper of general circulation in the school district or, if there is no newspaper of general circulation in the school district, in any newspaper of general circulation in the county, at least three days before the availability of the proposed budget for public inspection. The posting or publication of the dates and locations shall occur no earlier than 45 days before the final date for the hearing as specified in subdivision (a) of, or paragraph (3) of subdivision (d) of, Section 42127, but not less than 10 days before the date set for hearing. The cost of the publication shall be a legal and proper charge against the school district for which the publication is made.

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.