Today's Law As Amended


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AB-1202 Schools: emergency apportionments.(1989-1990)



As Amends the Law Today


SECTION 1.

 Section 41320 of the Education Code is amended to read:

41320.
 As a condition to any emergency apportionment to be made pursuant to Section 41320.2, 41310,  the following requirements shall be met:
(a)   The school  district requesting the apportionment shall submit to the county superintendent of schools having jurisdiction over the school  district a report issued by an independent auditor approved by the county superintendent of schools on the financial conditions and budgetary controls of the school  district, a written management review conducted by a qualified management consultant approved by the county superintendent of schools, and a fiscal plan adopted by the governing board to resolve the financial problems of the school district. district.  
(b)   The county superintendent of schools shall review, and provide written comment on, the independent auditor’s report, the management review, and the school  district plan. That written comment shall include the county superintendent’s approval or disapproval of the school  district plan. In the event the county superintendent disapproves the plan, the governing board shall revise the school  district plan to respond to the concerns expressed by the county superintendent.  
(c)   Upon his or her approval of the school  district plan, the county superintendent of schools shall submit copies of the report, review, plan, and written comments specified in subdivision (b) to the Superintendent, the Joint Legislative Audit Committee,  Superintendent of Public Instruction, the Auditor General,  the Joint Legislative Budget Committee, the Director of Finance, the president of the state board or his or her designee,  and the Controller.  
(d) The school district receiving the apportionment shall be eligible for assistance from the California Collaborative for Educational Excellence pursuant to Section 52074.
(e) (d)   The Superintendent of Public Instruction shall review the reports and comments submitted to him or her by the  county superintendent of schools, with the concurrence of the Superintendent,  schools and  shall certify to the Director of Finance that the action taken to correct the financial problems of the school  district is realistic and will result in placing the school  district on a sound financial basis.  
(f) (e)     The school  district shall develop a schedule to repay the emergency loan, including any lease financing pursuant to Article 2.7 (commencing with Section 41329.50),  loan  and submit it to the county superintendent of schools. The county superintendent of schools shall review and comment on the repayment schedule and submit it to the Superintendent of Public Instruction  for approval or disapproval. Upon the approval of the repayment schedule, and of the other reports, reviews, plans, and the appointment of the trustee required by this article, the Superintendent of Public Instruction  shall request the Controller to disburse the proceeds of the emergency loan to the school district. district.  
(g) (f)   The school  district requesting the apportionment shall reimburse the county superintendent of schools for the costs incurred by the superintendent pursuant to this section.  

SEC. 2.

 Section 2 of Chapter ____ of the Statutes of 1990, as added by Assembly Bill 1273 of the 1989–90 Regular Session, is repealed.

SEC. 3.
 (a)  The sum of fourteen million dollars ($14,000,000) is hereby appropriated from the Special Account for Capital Outlay to Section A of the State School Fund without regard to fiscal year for apportionment by the Superintendent of Public Instruction to the Richmond Unified School District for the purpose of an emergency loan. In order to qualify for that loan, the district shall comply with Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of the Education Code and the other conditions stipulated in this act.
(b)  The Richmond Unified School District shall develop a schedule to repay the emergency loan consistent with subdivision (e) of Section 41320 of the Education Code. Notwithstanding Section 41323 of the Education Code, the repayment schedule shall not begin before July 1, 1991, and shall not extend beyond June 30, 1998. With the exception of funds that may be needed by the district to meet its cash obligations, as described later in this section, no funds shall be disbursed from the proceeds of the loan until the repayment schedule, and the reports, reviews, plans, and the appointment of the trustee required by Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of the Education Code have been approved by the Superintendent of Public Instruction.
(c)  Based on the needs of the district to meet its cash obligations, the Superintendent of Public Instruction may direct the Controller to disburse, on a monthly basis, specific amounts of the emergency loan prior to the approval of all the conditions established by this act. The emergency loan shall be repaid to the state with interest at a rate based on the most current investement rate of the Pooled Money Investment Account as of the date of the disbursement of funds to the district.
SEC. 4.
 Due to unique circumstances relating to fiscal emergency in the Richmond Unified School District, the Legislature finds and declares that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution.
SEC. 5.
 (a)  The Controller shall transfer from the General Fund to the Special Account for Capital Outlay an amount equal to the sum appropriated to Section A of the State School Fund pursuant to Section 3 of this act.
(b)  This section shall become operative July 1, 1990.
SEC. 6.
 Notwithstanding any other provision of law, all amounts appropriated under subdivision (a) of Section 2 of Assembly Bill 1273 of the 1989–90 Regular Session shall be deemed to constitute an advance in the 1989–90 fiscal year for expenditures chargeable against the General Fund for the 1990–91 fiscal year.
SEC. 7.
 (a)  Section 1 of this act shall not become operative if Assembly Bill 1273 is enacted and becomes effective on or before January 1, 1991.
(b)  Section 2 of this act shall become operative only if Assembly Bill 1273 is enacted and becomes effective on or before January 1, 1991.
SEC. 8.
 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to make certain revisions in a timely manner to the accounting of a designated appropriation of General Fund moneys, it is necessary that this act take effect immediately.