Bill Text: CA AB3001 | 2019-2020 | Regular Session | Amended
Bill Title: School district and community college district bonds: school facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-05-05 - Re-referred to Com. on ED. [AB3001 Detail]
Download: California-2019-AB3001-Amended.html
|
Amended
IN
Assembly
May 04, 2020 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 3001
| Introduced by Assembly Member Bauer-Kahan |
February 21, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
AB 3001, as amended, Bauer-Kahan.
School safety plans: training modules. School district and community college district bonds: school facilities.
Existing law authorizes, and in some instances requires, the governing board of a school district or community college district to, by majority vote of the governing board, order an election and submit to the electors of the school district or community college district, as applicable, the question whether the bonds of the district should be issued and sold for the purpose of raising money for specified purposes, including, among other things, the repairing, restoring, or rebuilding of a school building damaged, injured, or destroyed by fire or other public calamity. Existing law generally requires, to pass a school bond measure, that at least 2/3 of the votes cast on the proposition of issuing bonds be in
favor of issuing the bonds to pass the measure.
Existing law authorizes the governing board of a school district or community college district, as an alternative to issuing bonds pursuant to the above authority, to, by a 2/3 vote of the governing board and subject to certain requirements limiting the bonds to be used for specified purposes, pursue the authorization and issuance of bonds through an election pursuant to certain provisions of the California Constitution that only require at least 55% of the votes cast on the proposition of issuing bonds be in favor of issuing the bonds.
This bill would revise and recast the specified purposes for which school bonds may be issued by broadening those purposes to include, among others, the acquisition or lease of real property for school facilities, the construction or acquisition
of school facilities, the reconstruction, rehabilitation, or replacement of school facilities, the repairing, restoring, or rebuilding of school facilities, and the supplying of school facilities. The bill would define, for these purposes, “school facility” to mean a building, facility, structure, or real property improvement used or operated in conjunction with one or more public schools or community colleges, including, but not limited to, classrooms, academic buildings, auditoriums, libraries, laboratories, research or training facilities, administrative offices or buildings, health offices or facilities, dormitories, dining halls, student centers or unions, housing for students, faculty, or school or district employees, sports facilities, maintenance, storage, or utility facilities, other related buildings, facilities, structures, or real property improvements used for student instruction, conducting research, or training, or for operating a school facility, and all necessary, usual, or useful attendant
and related buildings, facilities, structures, or real property improvements, including, but not limited to, streets, parking, and supportive services facilities or structures, required or useful for the operation of another school facility. The bill would declare that its provisions are severable and are to be liberally construed to effect its purposes.
To the extent the bill creates additional duties for school districts, community college districts, and local elections officials, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the
state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the State Department of Education to develop and post on its internet website an online training module to assist all school staff, school administrators, parents, pupils, and community members in increasing their knowledge of the dynamics of bullying and cyberbullying.
This bill would make a nonsubstantive change to that provision.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) California places a high value on our public education system, and the ability of our school and community college districts to build safe and innovative school facilities, including faculty or employee housing consistent with the state’s policy supporting housing for teachers and school district employees. The stability of housing for school employees, as well as the ability of school and community college districts to build safe and innovative school facilities, is critical to the
overall success and stability of each school in California.
(b) Section 1 of Article XIII A of the California Constitution limits the amount of ad valorem tax on real property to 1 percent of the full cash value thereof, except to repay certain voter-approved bonded indebtedness, including, as a result of a constitutional amendment approved by the voters at the November 7, 2000, statewide general election, as part of Proposition 39, the Smaller Classes, Safer Schools and Financial Accountability Act, bonded indebtedness incurred by a school district, community college district, or county office of education for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, approved by 55 percent of the voters voting on the proposition provided that the proposition
includes certain accountability provisions.
(c) Section 1 of Article XIII A of the California Constitution generally requires, to pass a school bond measure, that at least two-thirds of the votes cast on the proposition of issuing bonds be in favor of issuing the bonds to pass the measure. The exception to the limitation on ad valorem property taxes and the general two-thirds vote requirement provided by Proposition 39 was “to allow school districts, community college districts, and county offices of education to equip our schools for the 21st Century, to provide our children with smaller classes, and to ensure our children’s safety by repairing, building, furnishing and equipping school facilities.”
(d) Included in Proposition 39 is a provision that provides that “[t]he Legislature shall conform all applicable laws to this act.”
(e) Section 15100 of the Education Code provides, in part, that the governing board of a school district may, when in its judgment it is advisable, order an election and submit to the electors of the school district the question of whether the bonds of the school district shall be issued and sold for the purpose of raising money for the following purposes:
(1) The purchasing of school lots.
(2) The building or purchasing of school buildings.
(3) The making of alterations or additions to the school building or buildings other than as may be necessary for current maintenance, operation, or repairs.
(4) The repairing, restoring, or rebuilding of any school building damaged, injured, or
destroyed by fire or other public calamity.
(5) The supplying of school buildings and grounds with furniture, equipment, or necessary apparatus of a permanent nature.
(6) The permanent improvement of the school grounds.
(7) The refunding of any outstanding valid indebtedness of the school district, evidenced by bonds, or of state school building aid loans.
(8) The carrying out of the projects or purposes authorized in Section 17577 of the Education Code.
(9) The purchase of schoolbuses with a useful life of at least 20 years.
(10) The demolition or razing of a school building with the intent to replace it with another school
building, whether in the same location or in any other location.
(f) This act incorporates the Proposition 39 permitted bond uses into subdivision (a) of Section 15100 of the Education Code and defines “school facilities” as a building, facility, structure, or real property improvement used or operated in conjunction with one or more public schools or community colleges, including, but not limited to, classrooms, academic buildings, auditoriums, libraries, laboratories, research or training facilities, administrative offices or buildings, health offices or facilities, dormitories, dining halls, student centers or unions, housing for students, faculty, or school or district employees, sports facilities, maintenance, storage, or utility facilities, other related buildings, facilities, structures, or real property improvements used for student instruction, conducting research, or training, or for operating a school facility, and all necessary,
usual, or useful attendant and related buildings, facilities, structures, or real property improvements, including, but not limited to, streets, parking, and supportive services facilities or structures, required or useful for the operation of another school facility, thereby officially conforming Section 15100 of the Education Code to the purposes and intent of Proposition 39.
(g) As this act conforms Section 15100 of the Education Code to the purposes and intent of Proposition 39, it does not constitute a change in, but is declaratory of, existing law.
SEC. 2.
Section 15100 of the Education Code is amended to read:15100.
(a) Except as otherwise provided by law, the governing board of(1) The
acquisition or lease of real property for school facilities, including, but not limited to, the purchasing of school lots.
(2) The construction or acquisition of school facilities, including, but not limited to, the building or purchasing of school buildings.
(3) The reconstruction, rehabilitation, or replacement of school facilities, including, but not limited to, the making of alterations or additions to the school building or buildings school buildings,
other than as may be necessary for current maintenance, operation, or repairs.
(4) The repairing, restoring, or rebuilding of any school building school facilities, including, but not limited to, a school building, damaged, injured, or destroyed by fire or other public calamity.
(5) The supplying of school facilities, including, but not limited to, school buildings and grounds grounds,
with furniture, equipment, or necessary apparatus of a permanent nature.
necessary or useful for the operation of the school facilities.
(6) The permanent improvement of the school grounds.
(7) The refunding of any outstanding valid indebtedness of the school district or community college district, evidenced by bonds, or of state school building aid loans.
(8) The carrying out of the projects or purposes authorized in Section 17577.
(9) The purchase of schoolbuses the with a useful life of which is at least 20
years.
(10) The demolition or razing of any
a school building with the intent to replace it with another school building, whether in the same location or in any other location.
(b) For purposes of subdivision (a), “school facilities” means a building, facility, structure, or real property improvement used or operated in conjunction with one or more public schools or community colleges, including, but not limited to, all of the following:
(1) Classrooms.
(2) Academic buildings.
(3) Auditoriums.
(4) Libraries.
(5) Laboratories.
(6) Research or training facilities.
(7) Administrative offices or buildings.
(8) Health offices or facilities.
(9) Dormitories.
(10) Dining halls.
(11) Student centers or unions.
(12) Housing for students, faculty, or school or district employees.
(13) Sports facilities.
(14) Maintenance, storage, or utility facilities.
(15) Other related buildings, facilities, structures,
or real property improvements used for student instruction, conducting research, or training, or for operating a school facility.
(16) All necessary, usual, or useful attendant and related buildings, facilities, structures, or real property improvements, including, but not limited to, streets, parking, and supportive services facilities or structures, required or useful for the operation of a school facility.
(b)Any one
(c) One or more of the purposes enumerated in
subdivision (a), except that of refunding any outstanding valid indebtedness of the school district or community college district evidenced by bonds, may, by order of the governing board of the school district or community college district, as applicable, that is entered in its minutes, be united and voted upon as one single proposition.
(c)
(d) Before the governing board of a school district or the governing board of a community college district may order an election for purposes of this section, it shall obtain reasonable and informed projections of assessed property valuations that take into consideration projections of assessed property valuations made by the county
assessor.
SEC. 3.
The provisions of this act shall be liberally construed to effectuate its purposes.SEC. 4.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.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.(a)The department shall develop and post on its internet website an online training module to assist all school staff, school administrators, parents, pupils, and community members in increasing their knowledge of the dynamics of bullying and cyberbullying. The online training module shall include, but is not limited to, identifying an act of bullying or cyberbullying and implementing strategies to address bullying and cyberbullying.
(b)The department shall post on its internet website and annually update a list of available online training modules relating to bullying or bullying prevention.
(c)A school operated by a school district or a county office of education and a charter school shall
annually make the online training module developed by the department pursuant to subdivision (a) available to certificated schoolsite employees and all other schoolsite employees who have regular interaction with pupils.
