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SB-1116 School districts: sale, lease, or rental of excess real property: advisory committees.(2019-2020)

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Date Published: 03/25/2020 09:00 PM
SB1116:v98#DOCUMENT

Amended  IN  Senate  March 25, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1116


Introduced by Senator Moorlach

February 19, 2020


An act to amend Section 17391 of the Education Code, relating to school districts.


LEGISLATIVE COUNSEL'S DIGEST


SB 1116, as amended, Moorlach. School districts: sale of property. sale, lease, or rental of excess real property: advisory committees.
Existing law requires the governing board of a school district, before the sale, lease, or rental of excess real property, except rentals not exceeding 30 days, to appoint an advisory committee to advise the governing board in the development of districtwide policies and procedures governing the use or disposition of school buildings or space in school buildings that is not needed for school purposes. Notwithstanding that law, existing law authorizes the governing board of a school district to elect not to appoint an advisory committee in specified circumstances.
This bill would also authorize the governing board of a school district to elect not to appoint an advisory committee if the school district sells a nonschool site, as defined, leases real property for a period that does not exceed 5 years if the school district will have declining enrollment over the term of the lease, or exchanges real property.

Existing law authorizes the governing board of a school district to sell or lease for a term not exceeding 99 years any real property belonging to the school district that is not or will not be needed for school classroom buildings at the time of delivery of title or possession.

This bill would express the intent of the Legislature to enact legislation that would reform the process by which school districts may sell property.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 17391 of the Education Code is amended to read:

17391.
 Notwithstanding Section 17388, the governing board of a school district may elect not to appoint a school district advisory committee pursuant to Section 17388 in either any of the following circumstances:
(a) A lease or rental of excess real property to a private educational institution for the purpose of offering summer school in a facility of the school district.
(b) The sale, lease, or rental of excess real property to be used for teacher or school district employee housing.
(c) The sale of a nonschool site, as determined pursuant to schoolsite selection criteria developed by the department.
(d) An agreement for the lease of real property for a period that does not exceed five years if the agreement is based on enrollment projections that show the school district will have declining enrollment over the term of the lease.
(e) An exchange of real property.

SECTION 1.

It is the intent of the Legislature to enact legislation that would reform the process by which school districts may sell property.