Bill Text: CA SB477 | 2011-2012 | Regular Session | Chaptered
Bill Title: School district reorganization: bonded indebtedness:
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-28 - Chaptered by Secretary of State. Chapter 730, Statutes of 2012. [SB477 Detail]
Download: California-2011-SB477-Chaptered.html
BILL NUMBER: SB 477 CHAPTERED
BILL TEXT
CHAPTER 730
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2012
APPROVED BY GOVERNOR SEPTEMBER 28, 2012
PASSED THE SENATE AUGUST 29, 2012
PASSED THE ASSEMBLY AUGUST 22, 2012
AMENDED IN ASSEMBLY JULY 3, 2012
AMENDED IN ASSEMBLY JUNE 20, 2012
AMENDED IN ASSEMBLY JUNE 11, 2012
AMENDED IN ASSEMBLY JULY 13, 2011
AMENDED IN ASSEMBLY JUNE 22, 2011
AMENDED IN SENATE APRIL 26, 2011
AMENDED IN SENATE APRIL 13, 2011
INTRODUCED BY Senator Wright
FEBRUARY 17, 2011
An act to add Article 9 (commencing with Section 35580) to Chapter
3 of Part 21 of Division 3 of Title 2 of the Education Code,
relating to school district reorganization.
LEGISLATIVE COUNSEL'S DIGEST
SB 477, Wright. School district reorganization: bonded
indebtedness: 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.
This bill, notwithstanding the provisions above, would specify the
manner in which the liability for taxation, the bonding capacity,
the permitted use of existing bond proceeds, and the allocation of
authorized but unsold bonds of the Wiseburn Unified School District
and the Centinela Valley Union High School District would be
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. The bill also would authorize 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 Wiseburn Unified School District and the
Centinela Valley Union High School District, to issue bonds pursuant
to laws governing the issuance of school facilities construction
bonds by school districts. To the extent that these actions would
cause local taxing authorities to perform additional duties, the bill
would impose a state-mandated local program.
(2) Existing law requires plans and recommendations for the
reorganization of school districts to include a computation of the
base revenue limit per unit of average daily attendance.
This bill would set forth a calculation by which to determine the
blended revenue limit per unit of average daily attendance for the
Wiseburn Unified School District.
(3) Existing law sets forth the procedures for the reorganization
of school districts.
This bill would authorize a pupil residing in the Wiseburn
Unified School District who is eligible to attend any of grades 9 to
12, inclusive, to attend the Centinela Valley Union High School
District without an interdistrict attendance agreement if the
Centinela Valley Union High School District accepts that pupil for
attendance.
(4) This bill would make legislative findings and declarations as
to the necessity of a special statute for the Centinela Valley Union
High School District and the Wiseburn School District.
(5) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 9 (commencing with Section 35580) is added to
Chapter 3 of Part 21 of Division 3 of Title 2 of the Education Code,
to read:
Article 9. Formation of the Wiseburn Unified School District,
Bonded Indebtedness, and Revenue Limit
35580. Notwithstanding Article 8 (commencing with Section 35570),
this article shall apply to 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. This article determines
the liability for taxation, the bonding capacity, the permitted use
of existing bond proceeds, and the allocation of authorized but
unsold bonds of the Wiseburn Unified School District and the
Centinela Valley Union High School District, and applies to the
activities of 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 Wiseburn Unified
School District and the Centinela Valley Union High School District.
35581. (a) Any tax for repayment of bonds of the Wiseburn School
District shall be levied on all taxable property of the Wiseburn
Unified School District.
(b) Any tax for repayment of bonds issued by the Wiseburn Unified
School District, including bonds authorized by the Wiseburn School
District, shall be levied on all taxable property of the Wiseburn
Unified School District.
(c) Commencing with the fiscal year that begins on the effective
date of the reorganization of the Wiseburn School District by the
formation of the Wiseburn Unified School District, any tax for
repayment of voter approved bonds of the Centinela Valley Union High
School District approved before January 1, 2012, shall be levied on
both of the following:
(1) All taxable property located within the Centinela Valley Union
High School District as the district exists following the effective
date of reorganization pursuant to this section.
(2) All taxable property located within the Wiseburn Unified
School District that was formerly part of the territory of the
Centinela Valley Union High School District.
(d) In recognition of the authority for Centinela Valley Union
High School District to continue levying property taxes on taxable
property located within the Wiseburn Unified School District for
repayment of bonds approved by voters before January 1, 2012,
beginning on the effective date of reorganization of the Wiseburn
School District by the formation of the Wiseburn Unified School
District, the Centinela Valley Union High School District shall
transfer to the Wiseburn Unified School District an amount equal to
four million dollars ($4,000,000) from the proceeds of the sale of
bonds approved by voters on November 2, 2010, and issued after
January 1, 2012. The transfer shall be made from the proceeds of the
sale of the first series of bonds issued after January 1, 2012,
unless the Centinela Valley Union High School District elects to
allocate the transfers to more than one series of bonds, in which
case the transfers shall aggregate to the amount of four million
dollars ($4,000,000). Proceeds transferred pursuant to this
subdivision shall be expended by the Wiseburn Unified School District
for purposes consistent with the original voter authorization for
the bonds.
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.
(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.
(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 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 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), in proportionate amounts calculated based
on the assessed value of taxable property within each respective
school district securing repayment of the bonds.
(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.
35583. For purposes of paragraph (1) of subdivision (a) of
Section 35735.1, the blended revenue limit per unit of average daily
attendance for the Wiseburn Unified School District shall be
calculated as follows:
(a) Multiply the Wiseburn School District revenue limit per unit
of average daily attendance for the 2012-13 fiscal year by nine.
(b) Multiply the Centinela Valley Union High School District
revenue limit per unit of average daily attendance for the 2012-13
fiscal year by four.
(c) Add the products determined pursuant to subdivisions (a) and
(b).
(d) Divide the sum determined pursuant to subdivision (c) by 13.
This amount shall be the blended base revenue limit per unit of
average daily attendance for the Wiseburn Unified School District.
35584. A pupil residing in the Wiseburn Unified School District
who is eligible to attend any of grades 9 to 12, inclusive, may
attend the Centinela Valley Union High School District without an
interdistrict attendance agreement if the Centinela Valley Union High
School District accepts that pupil for attendance.
35585. Notwithstanding any other law, the election to approve the
reorganization plan for the Wiseburn Unified School District shall
be conducted within the territory of the Wiseburn School District,
and shall be approved upon a favorable vote of a majority of all
votes cast on the reorganization proposal.
35586. The governing board of the Local Public Schools Funding
Authority formed 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), may proceed 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 on behalf of the joint powers authority that is
created by and under the exclusive authority of its member school
districts.
SEC. 2. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique nature of the reorganization of school
districts involving the Centinela Valley Union High School District,
the Wiseburn School District, and equitable access to the commercial
and industrial assessed valuation of property in those school
districts.
SEC. 3. 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.
