Bill Text: CA SB477 | 2011-2012 | Regular Session | Amended

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

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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-Amended.html

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BILL NUMBER: SB 477	AMENDED
	BILL TEXT

	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, as amended, 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 base revenue limit per unit of average daily attendance
for the Wiseburn Unified School District  at $6,600.26 as
increased by the statutory cost-of-living adjustment for each
subsequent fiscal year  .
   (3) Existing law sets forth the procedures for the reorganization
of school districts. 
   This bill would provide that no further action by various local
authorities, including the governing board of the Wiseburn School
District or the governing board or voters of the Centinela Valley
Union High School District, is necessary to approve the
reorganization plan for the Wiseburn Unified School District and
allow the Los Angeles County Superintendent of Schools to call an
election, except for the approval by the State Board of Education of
the reorganization plans.  
   The 
    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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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  any   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  a joint powers authority   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.  (a) For purposes of paragraph (1) of subdivision (a) of
Section 35735.1, the blended base revenue limit per unit of average
daily attendance for the Wiseburn Unified School District shall be
 six thousand six hundred dollars and twenty-six cents
($6,600.26) and increased by the cost-of-living adjustment provided
in Section 42238.1 for each subsequent fiscal year.  
calculated as follows: 
   (1) Multiply the Wiseburn School District revenue limit per unit
of average daily attendance for the 2012-13 fiscal year by nine.
 
   (2) Multiply the Centinela Valley Union High School District
revenue limit per unit of average daily attendance for the 2012-13
fiscal year by four.  
   (3) Add the products determined pursuant to paragraphs (1) and
(2).  
   (4) Divide the sum determined pursuant to paragraph (3) by 13.
This amount shall be the blended base revenue limit per unit of
average daily attendance for the Wiseburn Unified School District.

   (b) The Wiseburn Unified School District shall be deemed to be
eligible for the adjustments provided in subparagraph (B) of
paragraph (2) of subdivision (a) of Section 35735.1 and subparagraph
(B) of paragraph (3) of subdivision (a) of Section 35735.1 and all
other adjustments in Section 35735.1 as if the Centinela Valley Union
High School District average daily attendance  will make up
  were  25 percent of the average daily attendance
in the resulting 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 Chapter 3 (commencing with Section 35500),
no further action of the Los Angeles County Committee on School
District Organization, the Board of Education of the County of Los
Angeles, the Los Angeles County Superintendent of Schools, the Board
of Supervisors of the County of Los Angeles, the Local Agency
Formation Commission for the County of Los Angeles, the governing
board of the Wiseburn School District, the governing board or voters
of the Centinela Valley Union High School District, or the governing
board of any other governmental body, except the state board pursuant
to Section 35755, shall be necessary to approve the reorganization
plan for the Wiseburn Unified School District and allow the Los
Angeles County Superintendent of Schools to call an election pursuant
to Section 35756. 
    35586.   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.
    35587.   35586.   The governing board
of  a joint powers authority   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.