Bill Text: CA SB581 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: School bonds: bond accountability.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-08-12 - Chaptered by Secretary of State. Chapter 91, Statutes of 2013. [SB581 Detail]

Download: California-2013-SB581-Amended.html

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BILL NUMBER: SB 581	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 8, 2013
	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Wyland

                        FEBRUARY 22, 2013

   An act to amend  Section   Sections 15280 and
 15286 of the Education Code, relating to school bonds.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 581, as amended, Wyland. School bonds: bond accountability.
   The California Constitution limits the maximum amount of any ad
valorem tax on real property to 1% of the full cash value of the
property except for ad valorem taxes or assessments that pay the
interest and redemption charges on bonded indebtedness incurred by a
school district, community college district, or county office of
education for the construction, rehabilitation, or replacement of
school facilities approved by 55% of the voters if the proposition
includes specified accountability requirements  , including,
but not limited to,   . These accountability
requirements include  a requirement that the governing board of
either the school district or community college district or county
office of education conduct annual independent performance and
financial audits. Existing law requires, by March 31 of each year,
the annual, independent financial and performance audits for the
preceding fiscal year to be submitted to a citizens' oversight
committee that is required to be established if a proposition is
approved by the voters, as described above.  Existing law
requires, without expending bond funds, the governing board of the
district to provide the citizens' oversight committee with any
necessary technical assistance and administrative assistance and
sufficient resources to publicize the conclusions of the citizens'
oversight committee. 
   This bill would  require the annual, independent financial
and performance audits for the preceding fiscal year to be
electronically filed by the auditor with the State Allocation Board.
The bill would also  require a copy of any draft of the
required annual, independent financial and performance audits for the
preceding fiscal year, and a copy of the audits themselves, to be
submitted to the citizens' oversight committee at the same time they
are submitted to the school district or community college district.
 The bill would also require the governing board of the district
to provide the citizens' oversight committee with responses to any
and all findings, recommendations, and concerns addressed in the
annual, independent financial and performance audits within 3 months
of receiving the audits. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


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

   SECTION 1.    Section 15280 of the   
 Education Code   is amended to read: 
   15280.  (a)  (1)    The governing board of the
district shall, without expending bond funds, provide the citizens'
oversight committee with any necessary technical assistance and shall
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 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 and notice to the public shall be provided in
the same manner as the proceedings of the governing board  of the
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 website maintained by the governing board  of the
district  .
  SECTION 1.   SEC. 2.   Section 15286 of
the Education Code is amended to read:
   15286.  (a) Consistent with the provisions contained in
subparagraphs (C) and (D) of paragraph (3) of subdivision (b) of
Section 1 of Article XIII A of the California Constitution, the
required annual, independent financial and performance audits for the
preceding fiscal year shall be submitted to the citizens' oversight
committee established pursuant to Section 15278 by March 31 of each
year. These audits shall be conducted in accordance with the
Government Auditing Standards issued by the Comptroller General of
the United States for financial and performance audits. 
   (b) A copy of the required annual, independent financial and
performance audits for the preceding fiscal year shall be
electronically filed by the auditor with the State Allocation Board.
 
   (c) 
    (b)  Both of the following shall be submitted to the
citizens' oversight committee at the same time they are submitted to
the school district or community college district:
   (1) A copy of any draft of the required annual, independent
financial and performance audits for the preceding fiscal year.
   (2) A copy of the required annual, independent financial and
performance audits for the preceding fiscal year.