AB 2571: 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.

Existing law authorizes the governing board of a school district or community college district, as an alternative method to issuing bonds pursuant to the above authority, to, by a ²/₃ vote of the governing board and subject to specified requirements, 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 broaden the specified purposes for which school bonds may be issued to include, among other purposes, 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 damaged, injured, or destroyed by fire or other public calamity, and the supplying of school facilities. The bill would define, for these purposes, school facilities to mean buildings, facilities, structures, or real property improvements 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 effectuate 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.