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AB-2434 School districts: surplus school property.(2011-2012)

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AB2434:v98#DOCUMENT

Amended  IN  Assembly  April 26, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 2434

Introduced  by  Assembly Member Block

February 24, 2012

An act to amend Section 17463.7 of the Education Code, relating to school districts.


LEGISLATIVE COUNSEL'S DIGEST


AB 2434, as amended, Block. School districts: surplus school property.
Existing law, until January 1, 2014, authorizes a school district that meets prescribed requirements to deposit the proceeds from the sale of surplus school property, together with any personal property located on that property, purchased entirely with local funds, into the general fund of the school district and to use those proceeds for any one-time general fund purpose.
This bill would extend the operation of this provision to January 1, 2019 2016, and would make a conforming change with respect to a certain final report.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 17463.7 of the Education Code is amended to read:

17463.7.
 (a) Notwithstanding any other law, a school district may deposit the proceeds from the sale of surplus real property, together with any personal property located on the property, purchased entirely with local funds, into the general fund of the school district, and may use the proceeds for any one-time general fund purpose. If the purchase of the property was made using the proceeds of a local general obligation bond or revenue derived from developer fees, the amount of the proceeds of the transaction that may be deposited into the general fund of the school district may not exceed the percentage computed by the difference between the purchase price of the property and the proceeds from the transaction, divided by the amount of the proceeds of the transaction. For the purposes of this section, proceeds of the transaction means either of the following, as appropriate:
(1) The amount realized from the sale of property after reasonable expenses related to the sale.
(2) For a transaction that does not result in a lump-sum payment of the proceeds of the transaction, the proceeds of the transaction shall be calculated as the net present value of the future cashflow generated by the transaction.
(b) The State Allocation Board shall reduce an apportionment of hardship assistance awarded to the particular school district pursuant to Article 8 (commencing with Section 17075.10) by an amount equal to the amount of the sale of surplus real property used for a one-time expenditure of the school district pursuant to this section.
(c) If the school district exercises the authority granted pursuant to this section, the school district is ineligible for hardship funding from the State School Deferred Maintenance Fund under Section 17587 for five years after the date proceeds are deposited into the general fund pursuant to this section.
(d) Before a school district exercises the authority granted pursuant to this section, the governing board of the school district shall first submit to the State Allocation Board documents certifying the following:
(1) The school district has no major deferred maintenance requirements not covered by existing capital outlay resources.
(2) The sale of real property pursuant to this section does not violate the provisions of a local bond act.
(3) The real property is not suitable to meet projected school construction needs for the next 10 years.
(e) Before the school district exercises the authority granted pursuant to this section, the governing board of the school district, at a regularly scheduled meeting, shall present a plan for expending one-time resources pursuant to this section. The plan shall identify the source and use of the funds and describe the reasons why the expenditure will not result in ongoing fiscal obligations for the school district.
(f) The Office of Public School Construction shall submit an interim and a final report to the State Allocation Board and the budget, education policy, and fiscal committees of the Legislature that identifies the school districts that have exercised the authority granted by this section, the amount of proceeds involved, and the purpose for which those proceeds were used. The interim report shall be submitted by January 1, 2011, and the final report by January 1, 2019 2016.
(g) This section shall remain in effect only until January 1, 2019 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019 2016, deletes or extends that date.