Bill Text: CA AB41 | 2013-2014 | Regular Session | Amended

---

Bill Title: School facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB41 Detail]

Download: California-2013-AB41-Amended.html

---

BILL NUMBER: AB 41	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 1, 2013
	AMENDED IN ASSEMBLY  MARCH 14, 2013

INTRODUCED BY   Assembly Member Buchanan

                        DECEMBER 7, 2012

   An act to amend Section 17074.26 of, and to repeal Sections
17070.99, 17071.35, and 17071.40 of, the Education Code, relating to
school facilities.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 41, as amended, Buchanan. School facilities. 
   (1) The California Constitution prohibits the Legislature from
creating a debt or liability that singly or in the aggregate with any
previous debts or liabilities exceeds the sum of $300,000, except by
an act that (A) authorizes the debt for a single object or work
specified in the act, (B) has been passed by a 2/3 vote of all the
Members elected to each house of the Legislature, (C) has been
submitted to the people at a statewide general or primary election,
and (D) has received a majority of all the votes cast for and against
it at that election.  
   This bill would state the intent of the Legislature to enact
legislation that would create the Kindergarten-University Public
Education Facilities Bond Act of 2014, a state general obligation
bond act that would provide funds to construct and modernize
education facilities, to become operative only if approved by the
voters at the next statewide general election, and to provide for the
submission of the bond act to the voters at that election. 

   (1) 
    (2)  Existing law, the Leroy F. Greene School Facilities
Act of 1998, requires the State Allocation Board to allocate to
applicant school districts prescribed per-unhoused-pupil state
funding for construction and modernization of school facilities and
requires a school district's ongoing eligibility for new construction
to be based, in part, on a calculation of  existing school
building capacity. Existing law requires the  maximum
  calculation of  school building capacity of a
school district to be increased by the number of pupils reported by
the Superintendent of Public Instruction pursuant to a certain
calculation related to the excess school capacity generated as a
result of participation in the Year-Round School Grant Program, but
exempts  from this increase  each school on a year-round,
multitrack calendar that has a density of 200 or more pupils enrolled
per acre and that is located in a school district with 40% of its
pupils attending multitrack, year-round schools  from this
increase  .
   This bill would repeal the provisions requiring an increase in the
 maximum   calculation of  school building
capacity as a result of participation in the Year-Round School Grant
Program and exempting specified schools from  the 
 this  increase in the  maximum  
calculation of  school building capacity. 
   (2) 
    (3)  Existing law requires the board and the State
Department of Education to conduct specified evaluations related to
the construction of small high schools and requires those evaluations
to be used to inform the direction of future school facilities
construction and related bond measures.
   This bill would repeal this provision. The bill would also correct
a cross-reference.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    It is the intent of the Legislature to
enact legislation that would create the Kindergarten-University
Public Education Facilities Bond Act of 2014, to become operative
only if approved by the voters at the next statewide general
election, and to provide for the submission of the bond act to the
voters at that election. It is also the intent of the Legislature
that the bond act, if approved by the voters at that election, would
provide for the issuance of ____ ($____) of state general obligation
bonds to provide aid to school districts, county superintendents of
schools, county boards of education, the   California
Community Colleges, the California State University, and the
University of California, including the Hastings College of the Law,
to construct and modernize education facilities. 
   SECTION 1.   SEC. 2.   Section 17070.99
of the Education Code is repealed.
   SEC. 2.   SEC. 3.   Section 17071.35 of
the Education Code is repealed.
   SEC. 3.  SEC. 4.   Section 17071.40 of
the Education Code is repealed.
   SEC. 4.   SEC. 5.   Section 17074.26 of
the Education Code is amended to read:
   17074.26.  The board shall adopt regulations to adjust the
per-pupil amounts set forth in Section 17074.10 for modernization
projects for school buildings that are 50 years old or older based
upon the higher costs associated with modernizing older buildings.