California Assembly Bill AB487 Amended / Bill

 BILL NUMBER: AB 487AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 1, 2009 AMENDED IN ASSEMBLY APRIL 14, 2009 INTRODUCED BY Assembly  Member   Brownley   Members   Brownley   and Anderson  FEBRUARY 24, 2009 An act to amend Sections 60510 and 60511 of,  and  to add Section 60510.1 to,  and to add Article 8 (commencing with Section 60120) to Chapter 1 of Part 33 of Division 4 of Title 2 of,  the Education Code, relating to instructional materials. LEGISLATIVE COUNSEL'S DIGEST AB 487, as amended, Brownley. Instructional materials: sale of surplus or undistributed obsolete instructional materials.  (1) Existing law establishes the State Instructional Materials Fund in the State Treasury as a means of annually funding the acquisition of instructional materials as required by the California Constitution. The State Instructional Materials Fund is continuously appropriated to the State Department of Education.   This bill would establish the Surplus Instructional Materials Fund under the administration of the Superintendent of Public Instruction. The bill would provide that the moneys in the Surplus Instructional Materials Fund would be available, subject to appropriation, for allocation for the purpose of allowing school districts, county offices of education, and charter schools to acquire supplemental instructional materials or technology-based materials. The bill would require that any deposit made into the Surplus Instructional Materials Fund, and the allocation of any moneys from this fund, including the subsequent use of those moneys, be subject to the annual audit of local educational agencies required by existing law.   (2) Existing   Existing  law authorizes the State Board of Education and school districts to dispose of surplus or undistributed obsolete instructional materials that are usable for educational purposes, to specified entities, including by sale to any organization that agrees to use the materials solely for educational purposes and to make no charge of any kind to the persons to whom the organization gives or lends the materials. This bill would also authorize county offices of education  and charter schools  to dispose of surplus or undistributed obsolete instructional materials under these provisions. The bill would delete the provision requiring the organization to agree to use the materials for educational purposes. The bill would require that 50% of the proceeds of any sale of surplus or undistributed obsolete instructional materials made under these provisions to be remitted to the state and deposited in the  Surplus Instructional Materials   General  Fund and that the remaining 50% be available for school districts  ,   and  county offices of education  , and charter schools  to acquire basic instructional materials, supplemental instructional materials, or technology-based materials. The bill would also delete a provision requiring the organization to certify that it agrees to use the materials for educational purposes and make no charge to the persons to whom the organization gives or lends the materials. 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.   Article 8 (commencing with Section 60120) is added to Chapter 1 of Part 33 of Division 4 of Title 2 of the Education Code, to read: Article 8. Surplus Instructional Materials Fund 60120. (a) The Surplus Instructional Materials Fund is hereby established in the State Treasury under the administration of the Superintendent. (b) All moneys in the Surplus Instructional Materials Fund are available, subject to an appropriation in the annual Budget Act or in another statute and in accordance with provisions that may be attached to that appropriation, for allocation by the Superintendent for the purpose of allowing school districts, county offices of education, and charter schools to acquire supplemental instructional materials or technology-based materials. (c) All moneys that are allocated from the Surplus Instructional Materials Fund pursuant to this article shall be counted toward satisfaction of the minimum funding obligation required by Section 8 of Article XVI of the California Constitution. (d) All moneys that are appropriated from the Surplus Instructional Materials Fund shall supplement, rather than supplant, existing funds available for instructional materials. (e) Any deposit made into the Surplus Instructional Materials Fund, and the allocation of any moneys from this fund, including the subsequent use of those moneys, shall be subject to the annual audit conducted pursuant to Section 41020.   SEC. 2.   SECTION 1.  Section 60510 of the Education Code is amended to read: 60510. The state board, the governing board of a school district,  or  a county office of education  , or a charter school  may dispose of surplus or undistributed obsolete instructional materials in its possession that are usable for educational purposes in any of the following ways: (a) By donation to a governing board, county free library, or other state institution. (b) By donation to a public agency or institution of any territory or possession of the United States, or the government of a country that formerly was a territory or possession of the United States. (c) By donation to a nonprofit charitable organization. (d) By donation to children or adults in the State of California, or foreign countries for the purpose of increasing the general literacy of the people. (e) By sale.  SEC. 3.   SEC. 2.  Section 60510.1 is added to the Education Code, to read: 60510.1. Fifty percent of the proceeds of any sale of surplus or undistributed obsolete instructional materials made pursuant to subdivision (e) of Section 60510 shall be remitted to the state and deposited in the  Surplus Instructional Materials Fund established pursuant to Article 8 (commencing with Section 60120) of Chapter 1   General Fund  . The remaining 50 percent of the proceeds of any sale of surplus or undistributed obsolete instructional materials made pursuant to subdivision (e) of Section 60510 shall be available for school districts  , county offices of education, and charter schools   and county offices of education  to acquire basic instructional materials, supplemental instructional materials, or technology-based materials.  SEC. 4.   SEC. 3.  Section 60511 of the Education Code is amended to read: 60511. Any organization, agency, or institution receiving obsolete instructional materials donated pursuant to this article shall certify to the governing board of the school district  , the county board of education, or the principal or chief executive officer of the charter school   or the county board of education  , as appropriate, that it agrees to make no charge of any kind to the persons to whom the organization gives or lends those materials.