Bill Text: CA SB1356 | 2015-2016 | Regular Session | Amended
Bill Title: School finance: Nonrecurring Special Revenue Fund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [SB1356 Detail]
Download: California-2015-SB1356-Amended.html
BILL NUMBER: SB 1356 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 31, 2016
INTRODUCED BY Senator Allen
FEBRUARY 19, 2016
An act to amend add Section
60200.9 of 41030.5 to the Education Code,
relating to instructional materials. school
finance.
LEGISLATIVE COUNSEL'S DIGEST
SB 1356, as amended, Allen. Instructional materials.
School finance: Nonrecurring Special Revenue Fund.
Existing law requires a school district that receives bequests or
gifts of money not required for the immediate necessities of the
district to place that money in a district special fund in the county
treasury designated as the Foundation Fund and authorizes the
district to invest that money.
Existing federal law, The Middle Class Tax Relief and Job Creation
Act of 2012, (Public Law 112-96) authorizes the Federal
Communication Commission (FCC) to conduct an auction of spectrum in
the Ultra High Frequency (UHF) band used for television broadcasting,
to accept bids for use of recaptured spectrum for wireless broadband
communications, and to offer cash payments as an incentive to
television broadcasting licensees to participate in the auction in
any markets in which the FCC determines that it cannot otherwise
clear enough UHF spectrum for wireless broadband purposes.
This bill would require a school district to place proceeds
received, if any, from transactions in connection with selling
spectrum at this auction that are not required for the immediate
necessities of the district into a fund designated as the
Nonrecurring Special Revenue Fund, subject to the same requirements
and restrictions as bequests or gifts of surplus money placed in a
Foundation Fund. The bill would also restrict the purposes for which
these moneys may be used, as provided. To the extent this bill would
impose additional duties on the county treasurer, 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 State Board of Education to consider the
adoption of a revised curriculum framework and evaluation criteria
for instructional materials in science, as provided.
This bill would make a nonsubstantive change 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 41030.5 is added to the
Education Code , to read:
41030.5. (a) For purposes of this section, "nonrecurring special
revenue" is the revenue from transactions in connection with a school
district selling spectrum pursuant to Section 6401 of the federal
Middle Class Tax Relief and Job Creation Act of 2012 that is surplus
money not required for the immediate necessities of the school
district. The school district may invest this revenue pursuant to the
provisions of this article.
(b) Nonrecurring special revenue, if any, shall be subject to the
same requirements and restrictions as bequests or gifts of surplus
money placed in a Foundation Fund, as set forth in Sections 41030,
41031, 41033, 41034, 41035, 41036, 41037, and 41038, except that the
fund into which that revenue shall be deposited shall be known as the
Nonrecurring Special Revenue Fund rather than the Foundation Fund
and any special account created within the Nonrecurring Special
Revenue Fund shall include in its name the term "Nonrecurring Special
Revenue Account" rather than "Foundation Account."
(c) The moneys deposited in the Nonrecurring Special Revenue Fund,
if any, shall be expended only for the purposes designated by the
governing board of the school district in the resolution establishing
the fund.
(d) The moneys in the Nonrecurring Special Revenue Fund, if any,
shall be considered as separate and apart from all other funds of the
school district, and, notwithstanding any other law, shall not be
considered part of the working cash of the school district in
compiling annual financial budgets. The moneys in the Nonrecurring
Special Revenue Fund shall not be used to pay the salaries or related
fringe benefits of teachers or administrators, except for salaries
and fringe benefits directly attributable to the purposes for which
the fund is designated.
(e) On or before September 1 of each year, if there are moneys in
the Nonrecurring Special Revenue Fund, the advisory committee for the
Nonrecurring Special Revenue Fund shall advise the governing board
of the school district as to the amounts of investment earnings with
respect to the Nonrecurring Special Revenue Fund during the
immediately preceding fiscal year and recommend expenditures from
each account for the current fiscal year, provided that the
expenditures conform to the purposes set forth by the governing board
of the school district when designating the fund.
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 60200.9 of the Education
Code is amended to read:
60200.9. On or before January 31, 2017, the state board shall
consider the adoption of a revised curriculum framework and
evaluation criteria for instructional materials in science. The
revised curriculum framework shall be based on the standards adopted
pursuant to former Section 60605.85, as that section read on June 30,
2014. In adopting the revised curriculum framework, the state board
shall ensure both of the following:
(a) Inclusion of English language development strategies that are
aligned to the standards adopted pursuant to Section 60811.
(b) Inclusion of strategies to address the needs of pupils with
disabilities.
