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AB-3228 School facilities: surplus real property: proceeds to pay emergency apportionment loan.(2017-2018)

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Date Published: 06/27/2018 09:00 PM
AB3228:v96#DOCUMENT

Amended  IN  Senate  June 27, 2018
Amended  IN  Assembly  May 01, 2018
Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3228


Introduced by Assembly Member Burke

February 16, 2018


An act to add and repeal Section 17463.5 of the Education Code, relating to school facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 3228, as amended, Burke. School facilities: surplus real property: proceeds to pay emergency apportionment loan.
Existing law authorizes the governing board of any school district to sell any real property belonging to the school district, or lease for a term not exceeding 99 years any real property, together with any personal property located on the real property, belonging to the school district which is not or will not be needed by the school district for school classroom buildings at the time of delivery of title or possession, subject to specified procedures and requirements. Existing law authorizes the governing board of a school district to request an emergency apportionment through the Superintendent of Public Instruction if the governing board of the school district determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations.
This bill, notwithstanding existing specified procedures and requirements for the sale of surplus real property by a school district, would authorize a school district that receives an emergency apportionment, and has an outstanding balance on its emergency apportionment loan, to sell or lease surplus real property, together with any personal property located on the real property, owned by the school district and use the proceeds from the sale or lease to service the debt on the emergency apportionment loan or to reduce or retire the emergency apportionment loan, as provided. The bill would prohibit a school district that uses the proceeds from the sale or lease of surplus real property pursuant to these provisions from being eligible for financial hardship assistance under the Leroy F. Greene School Facilities Act of 1998. The bill would provide that these provisions apply only to the Inglewood Unified School District, the Oakland Unified School District, the Vallejo City Unified School District, and the South Monterey County Joint Union High School District.
The bill would make these provisions inoperative on July 1, 2023, and would repeal them as of January 1, 2024.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Inglewood Unified School District, the Oakland Unified School District, the Vallejo City Unified School District, and the South Monterey County Joint Union High School District.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 17463.5 is added to the Education Code, to read:

17463.5.
 (a) Notwithstanding Sections 17456, 17457, 17462, and 17463, or any other law, a school district that receives an emergency apportionment pursuant to Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of Division 3 of Title 2, and has an outstanding balance on its emergency apportionment loan, may sell or lease surplus real property, together with any personal property located on the real property, owned by the school district and use the proceeds from the sale or lease to service the debt on the emergency apportionment loan or to reduce or retire the emergency apportionment loan. The sale of real property pursuant to this subdivision is not subject to Section 17459 or 17464.
(b) Notwithstanding any other law, a school district that uses the proceeds from the sale or lease of surplus real property pursuant to subdivision (a) shall not be eligible for financial hardship assistance pursuant to Article 8 (commencing with Section 17075.10) of Chapter 12.5 of Part 10.
(c) This section only applies to the Inglewood Unified School District, the Oakland Unified School District, the Vallejo City Unified School District, and the South Monterey County Joint Union High School District.
(d) Nothing in this section shall be construed as modifying the responsibility of a school district to house pupils in accordance with Section 47614.

(d)

(e) This section shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique financial circumstances involving the Inglewood Unified School District, the Oakland Unified School District, the Vallejo City Unified School District, and the South Monterey County Joint Union High School District.