Bill Text: CA AB803 | 2015-2016 | Regular Session | Amended

California Assembly Bill 803 (Prior Session Legislation)

Bill Title: School districts: reorganization: formation of new school districts.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB803 Detail]

Download: California-2015-AB803-Amended.html

BILL NUMBER: AB 803	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Hadley

                        FEBRUARY 26, 2015

   An act to add Section  35721.7   35700.2
 to the Education Code,   and Section 21080.18.5 to the
Public Resources Code,   relating to school districts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 803, as amended, Hadley. School districts: 
reorganization.   reorganization: formation of new
school districts. 
   (1) Existing law  specifies a process  
establishes procedural requirements  for the 
unification or  reorganization of school districts. 
As part of that process, existing law requires a county committee on
school district organization to hold a public hearing upon receipt
of a petition signed by at least 10% of the qualified electors
residing in any school district for consideration of unification or
other reorganization of any area. Existing law also requires a county
committee on school district organization to hold a public hearing
upon receipt of a resolution approved by a majority of the members of
specified local agencies for consideration of unification or other
reorganization of any area. Following those public hearings, existing
law requires the county committee on school district organization to
grant or deny the petition or resolution proposal. If a county
committee on school district organization approves a petition to
transfer territory, existing law requires the county committee to
notify the county superintendent of schools who, upon that
notification, is required to call an election in the territory of the
school district, as specified.   Existing law provides
that an action to reorganize one or more school districts may be
initiated upon the filing of a petition with the county
superintendent of schools by a specified percentage or number of
registered voters residing within the territory proposed to be
reorganized, by the owner of the property if the territory is
uninhabited, or by a majority of the members of the governing boards
of each school district that would be affected by the proposed
reorganization. 
   Notwithstanding those provisions, this bill would  create
a separate procedure for inhabited territory transfers  
establish separate procedural requirements for an action to form a
new school district  within the boundaries of a single school
district  for the formation of a new school district
 within a single county. The bill would authorize  a
transfer   an action  to be initiated by a
petition signed by  at least  10% of the number of qualified
electors who voted in the last gubernatorial election and who reside
within the boundaries of the proposed  school  district, or
by resolution of a local agency, as defined, approved by a majority
of its members.  Upon receipt o   f a petition or
resolution proposal, the bill would require the county board of
education to hold a public hearing, as specified. If a petition or
proposal is granted, the bill would require the county superintendent
of schools to call an election of registered voters within the
boundaries of the proposed school district, as specified. By imposing
additional duties on   county boards of education and
county superintendents of schools, the bill would impose a
state-mandated local program.  
   The bill would require the county board of education to hold a
public hearing on a petition upon receipt of that petition, and to
grant or deny the petition following the hearing. The bill would also
require the county board of education, upon receipt of a resolution
proposal, to hold a public hearing on that proposal jointly with the
local agency that initiated the proposed transfer, and would require
the county board of education and the local agency to jointly grant
or deny the proposal by majority vote of all members. By imposing
additional duties on county boards of education, the bill would
impose a state-mandated local program.  
   The bill would require a petition to identify the persons who will
represent the proposed school district at those public hearings. The
bill would also require the local agency to appoint persons to
represent the proposed school district at those public hearings by a
resolution.  
   The bill would require the county superintendent of schools to
call an election of registered voters within the boundaries of the
territory to be transferred, as specified, if a petition or proposal
is granted. By imposing additional duties on county superintendents
of schools, the bill would impose a state-mandated local program.
 
   (2) The California Environmental Quality Act (CEQA) generally
requires all state and local governmental lead agencies to prepare,
or cause to be prepared by contract, and certify the completion of,
an environmental impact report on any project that they propose to
carry out or approve that may result in a significant effect on the
environment, that is, a substantial, or potentially substantial,
adverse change in the physical conditions that exist within the area
that will be affected by the project.  
   This bill would provide that CEQA shall not apply to inhabited
territory transfers within the boundaries of a single school district
for the formation of a new school district within a single county
where only existing facilities will be transferred. 

   (3) 
    (2)  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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section  35721.7   35700.2 
is added to the Education Code, to read:
    35721.7.   35700.2.   (a)
Notwithstanding any other law, the following provisions apply to
 inhabited territory transfers   an action to
form a new school district  within the boundaries of a single
school district  for the formation of a new school district
 within a single county:
   (1) The  transfer   action  may be
initiated by either of the following:
   (A) A petition signed by at least 10 percent of the number of
qualified electors who voted in the last gubernatorial election and
who reside within the boundaries of the  territory 
proposed  to be transferred.   school district.
 The petition shall identify persons who will represent the
proposed school district in public hearings.
   (B) A resolution of a local agency approved by a majority of its
members. The local agency shall also appoint persons to represent the
proposed school district in public hearings by a resolution.
   (2) Upon receipt of a petition specified in subparagraph (A) of
paragraph (1), the county board of education shall hold a public
hearing on the petition at a regular or special meeting. Following
the hearing, the county board of education shall grant or deny the
petition.
   (3) Upon receipt of a resolution specified in subparagraph (B) of
paragraph (1), the county board of education and the local agency
that initiated the  transfer  proposal  to form
a new school district  shall jointly hold a public hearing on
 the transfer   that  proposal at a regular
or special meeting. Following the hearing, the county board of
education and the local agency that initiated the  transfer
 proposal shall jointly grant or deny the  transfer
 proposal by a majority vote of all members.
   (4) If a petition or proposal is granted, the county
superintendent of schools shall call an election of registered voters
within the boundaries of the  territory to be transferred
  proposed school district  to be conducted at the
next election of any kind in accordance with either of the following:

   (A) Section 1002 of the Elections Code and Part 4 (commencing with
Section 5000) of Division 1  or   of 
Title 1.
   (B) Division 4 (commencing with Section 4000) of the Elections
Code.
   (b) For purposes of this section, "local agency" means a city
council, county board of supervisors, governing body of a special
district, or local agency formation commission that has jurisdiction
over all or a portion of the proposed school district. 
   (c) The provisions of Section 35705.5 shall apply to a petition to
form a new school district initiated pursuant to this section. 

  SEC. 2.    Section 21080.18.5 is added to the
Public Resources Code, to read:
   21080.18.5.  This division shall not apply to inhabited territory
transfers within the boundaries of a single school district for the
formation of a new school district within a single county where only
existing facilities will be transferred. 
   SEC. 3.   SEC. 2.   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.