Today's Law As Amended


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AB-1253 Education finance: school bonds: citizens’ oversight committees.(2017-2018)



As Amends the Law Today


SECTION 1.

 Section 15278 of the Education Code is amended to read:

15278.
 (a) If a bond measure authorized pursuant to paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution and subdivision (b) of Section 18 of Article XVI of the California Constitution is approved, the governing board of the school district or community college district  shall establish and appoint members to an independent citizens’ oversight committee, pursuant to Section 15282, within 60 days of the date that the governing board enters the election results on its minutes pursuant to Section 15274.
(b) The purpose of the citizens’ oversight committee shall be to inform the public concerning the expenditure of bond revenues. The citizens’ oversight committee shall actively review and report on the proper expenditure of taxpayers’ money for school construction. The citizens’ oversight committee shall advise the public as to whether a school district or community college district is in compliance with the requirements of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution. The citizens’ oversight committee shall convene to provide oversight for, but not be limited to, both of the following:
(1) Ensuring that bond revenues are expended only for the purposes described in paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution.
(2) Ensuring that, as prohibited by subparagraph (A) of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution, no funds are used for any teacher or administrative salaries or other school operating expenses.
(c) In furtherance of its purpose, the citizens’ oversight committee may shall  engage in any each  of the following activities:
(1) Receiving and reviewing copies of the annual, independent performance audit required by subparagraph (C) of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution.
(2) Receiving and reviewing copies of the annual, independent financial audit required by subparagraph (C) of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution.
(3) Inspecting school facilities and grounds to ensure that bond revenues are expended in compliance with the requirements of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution.
(4) Receiving and reviewing copies of any deferred maintenance proposals or plans developed by a school district or community college district, including any reports required by Section 17584.1. district. 
(5) Reviewing efforts by the school district or community college district to maximize bond revenues by implementing cost-saving measures, including, but not limited to, all of the following:
(A) Mechanisms designed to reduce the costs of professional fees.
(B) Mechanisms designed to reduce the costs of site preparation.
(C) Recommendations regarding the joint use of core facilities.
(D) Mechanisms designed to reduce costs by incorporating efficiencies in schoolsite design.
(E) Recommendations regarding the use of cost-effective and efficient reusable facility plans.

SEC. 2.

 Section 15280 of the Education Code is amended to read:

15280.
 (a) (1) The governing board of the district  school district or community college district  shall, without expending bond funds, promptly  provide to  the citizens’ oversight committee with  any necessary technical assistance and shall promptly  provide administrative assistance in furtherance of its purpose and sufficient resources to publicize the conclusions of the citizens’ oversight committee.
(2) The governing board of the district  school district or community college district  shall provide the citizens’ oversight committee with responses to any and all findings, recommendations, and concerns addressed in the annual, independent financial and performance audits required by subparagraphs (C) and (D) of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution within three months of receiving the audits.
(b) All citizens’ oversight committee proceedings shall be open to the public public,  and notice to the public shall be provided in the same manner as the proceedings of the governing board of the school district or community college  district. The citizens’ oversight committee shall issue regular reports on the results of its activities. A report shall be issued at least once a year. Minutes of the proceedings of the citizens’ oversight committee and all documents received and reports issued shall be a matter of public record and be made available on an Internet Web site maintained by the governing board of the school district or community college  district.

SEC. 3.

 Section 15283 is added to the Education Code, to read:

15283.
 (a) At the request of a citizens’ oversight committee established pursuant to Section 15282, a county office of education shall review a school district’s employment of a professional firm, including, but not limited to, a financial adviser, underwriter, bond counsel, underwriter counsel, or trustee, or of a construction contractor for the facilities to be funded from the proceeds of the bond issue.
(b) A review pursuant to subdivision (a) shall include all of the following:
(1) The school district’s explanation or explanations for the selection of the firm or contractor.
(2) A review of the county records to determine whether one or more of the firms or contractors contributed in cash or in kind to the costs of the bond election.
(3) A determination of whether there was an understanding by school district officials regarding the contributions and the employment of a firm or contractor.
(c) In making a determination pursuant to paragraph (3) of subdivision (b), a county office of education may review emails, letters, and other correspondence between the superintendent, business manager, or other key officials of the school district and each firm or contractor to make the determination.
(d) Upon conclusion of a review, the county office of education shall provide the information from the review to the citizens’ oversight committee that made the request.

SEC. 3.SEC. 4.

 Section 15284 of the Education Code is amended to read:

15284.
 (a) An action to obtain an order restraining and preventing any expenditure of funds received by a school district or community college district through the sale of bonds authorized by this chapter pursuant to paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution and subdivision (b) of Section 18 of Article XVI of the California Constitution may be maintained against any officer, agent, or other person acting on behalf of, of  that school district or community college district, by a citizen residing in the school district  or community college district who is assessed and is liable to pay an ad valorem tax on real property within the school district  or community college district, or who has paid an ad valorem tax on real property within the school district  or community college district within one year before the commencement of the action if it appears by the complaint or affidavits that any of the following conditions are present:
(1) An expenditure of funds received by a school district or community college district through the sale of bonds authorized by this chapter is for purposes other than those specified in paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution.
(2) The expenditure is not in compliance with paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution.
(3) That an expenditure in violation of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution will be made or will continue to be made during the litigation that would produce waste or great or irreparable injury.
(4) The governing board of a school district or community college district  has willfully failed to appoint or cooperate with  the citizens’ oversight committee in violation of the requirements of Section 15278.
(b) An action brought pursuant to this section shall take special precedence over all civil matters on the calendar of the court except those matters granted equal precedence by law.
(c) The rights, remedies, or penalties established by this section are cumulative to the rights, remedies, or penalties established under other laws, including subdivision (a) of Section 526 of Chapter 3 of Title 7 of Part 2 of  the Code of Civil Procedure.
(d) If an order is obtained to restrain and prevent an expenditure of funds pursuant to subdivision (a), a court may award attorneys’ fees pursuant to Chapter 6 (commencing with Section 1021.5) of Title 14 of Part 2 of the Code of Civil Procedure.
(e) The action authorized by this section shall be known as a “School Bond Waste Prevention Action.”
SEC. 5.
 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.