California Senate Bill SB365 Latest Draft

 BILL NUMBER: SB 365AMENDED BILL TEXT AMENDED IN ASSEMBLY JULY 15, 2009 AMENDED IN SENATE APRIL 23, 2009 INTRODUCED BY Senator Ducheny FEBRUARY 25, 2009 An act to amend Section 17070.20 of the Education Code, and to amend Section 15490 of, to add Section 15490.5 to, and to repeal Section 14620 of, the Government Code, relating to the State Allocation Board. LEGISLATIVE COUNSEL'S DIGEST SB 365, as amended, Ducheny. State Allocation Board: Office of Public School Construction. Existing law establishes the State Allocation Board (board) and specifies its membership and duties. Existing law establishes numerous responsibilities for the board with respect to the allocation and expenditure of state funds for the construction of public school facilities. Existing law provides that the board consists of the Director of Finance, the Director of General Services, a person appointed by the Governor, the Superintendent of Public Instruction, and 3 members from each house of the Legislature. Existing law establishes the Office of Public School Construction in the Department of General Services, and specifies the duties and officers of that agency. This bill would retain the Superintendent, or his or her designee, as a member of the board, but would increase the number of gubernatorial appointments to the board to 4, specifying that these appointees would serve staggered terms, and would be required to have expertise in educational facilities construction, engineering, architecture, or finance, or expertise in compliance with the federal Americans with Disabilities Act or other planning and construction standards for pupils with special needs. The bill would make the Director of Finance and the Director of General Services, or their respective designees, nonvoting members of the board.  The bill would authorize the board to appoint its own legal counsel, or seek legal assistance from the Office of the Attorney General, on and after July 1, 2010.  The bill would transfer the functions, officers, and employees of the Office of Public School Construction from the Department of General Services to the board, effective  January   July  1, 2010, and would provide for the retention of the civil service rights of those employees. 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. Section 17070.20 of the Education Code is amended to read: 17070.20. The board shall administer this chapter. The Director of General Services shall provide assistance to the board as it requires. SEC. 2. Section 14620 of the Government Code is repealed. SEC. 3. Section 15490 of the Government Code is amended to read: 15490. (a) There is in the state government the State Allocation Board, consisting of all of the following: (1) The Superintendent of Public Instruction or his or her designee. (2) Three Members of the Senate appointed by the Senate Committee on Rules, two of whom shall belong to the majority party and one of whom shall belong to the minority party. (3) Three Members of the Assembly appointed by the Speaker of the Assembly, two of whom shall belong to the majority party and one of whom shall belong to the minority party. (4) (A) Four public members appointed by the Governor. The public members appointed pursuant to this paragraph shall have relevant experience, including, but not necessarily limited to, experience in either of the following: (i) Educational facilities construction, engineering, or finance. (ii) Expertise in compliance with the federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) or other planning and construction standards for pupils with special needs. (B) The members appointed under this paragraph shall serve staggered terms. With respect to the public members appointed immediately after the operative date of the act that adds this paragraph, the terms of two of the public members shall be for two years and the terms of the other two public members appointed under this paragraph shall be for four years. Upon the expiration of these terms, subsequent public members shall serve four-year terms. (C) A member appointed under this paragraph may be appointed to an additional term or terms. (5) The Director of Finance or his or her designee, and the Director of General Services or his or her designee, shall serve as nonvoting members of the board. (b) The members of the board shall receive no compensation for their services, but shall be reimbursed for their actual and necessary expenses incurred in connection with the performance of their duties. (c) The Department of General Services shall provide assistance to the board as the board requires, including, but not necessarily limited to, the provision of the office space necessary to administer the affairs of the board at a cost and in an amount comparable to the accommodations of the board as of January 1, 2009. (d) The board, by a majority vote of the voting members, shall elect a chair and vice chair from its membership to serve  one-year   two-year  terms. The chair and vice chair shall be eligible to serve no more than two consecutive terms. (e) The board, by a majority vote of the voting members, shall do all of the following: (1) Appoint an executive officer, who shall serve at the pleasure of the board. (2) Determine the salary and other compensation of the executive officer. (3) Employ additional staff members, and secure office space and furnishings, as necessary to support the executive officer in the performance of his or her duties.  (f) On and after July 1, 2010, the board may appoint its own legal counsel or seek legal assistance from the office of the Attorney General.  SEC. 4. Section 15490.5 is added to the Government Code, to read: 15490.5. (a) On  January   July  1, 2010, the Office of Public School Construction shall be transferred from the jurisdiction of the Department of General Services to that of the State Allocation Board. Effective  January   July  1, 2010, the civil service staff of the Office of Public School Construction shall be transferred to the board with no loss of civil service rights and privileges that pertained to those employees prior to that date. (b) Effective  January 1, 2010, the general services planning officer, procurement officer, and   July 1, 2010, the  executive officer of the Office of Public School Construction shall be transferred to the board. On and after  January 1, 2010, each of these officers   July 1, 2010, the executive officer  shall serve at the pleasure of the board. On and after  January   July  1, 2010, a vacancy  in any of these positions   the executive officer position  shall be filled through an appointment by the  Governor, upon recommendation of the  board. The duties and salary of  each   the executive  officer shall be determined by the board.  SEC. 5.   Sections 1 and 2 of this act shall become operative on July 1, 2010.