California Assembly Bill AB182 Amended / Bill

 BILL NUMBER: AB 182AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 2, 2013 AMENDED IN ASSEMBLY MARCH 12, 2013 INTRODUCED BY Assembly Members Buchanan and Hueso (Principal coauthor: Assembly Member Alejo) (Principal coauthors: Senators Block and Wyland) (Coauthors: Assembly Members Ian Calderon,  Roger Hernandez,   Chvez,   Roger Hernndez,  and Williams) JANUARY 24, 2013 An act to amend Section 15146 of, and to add Sections 15144.1  and 15144.2  , 15144.2, and 15144.3  to, the Education Code, and to amend Sections 53506, 53507, 53508.7, and 53530 of the Government Code, relating to bonds. LEGISLATIVE COUNSEL'S DIGEST AB 182, as amended, Buchanan. Bonds: school districts and community college districts. (1) Existing law authorizes the governing board of any school district or community college district to order an election and submit to the electors of the district the question whether the bonds of the district should be issued and sold to raise money for specified purposes. Existing law requires the bonds to bear a rate of interest that does not exceed 8% per annum and requires the number of years the whole or any part of the bonds are to run to not exceed 25 years. This bill would require the ratio of total debt service to principal for each bond series to not exceed 4 to one. The bill would require each capital appreciation bond maturing more than 10 years after its date of issuance to be subject to mandatory tender for purchase or redemption before its fixed maturity date, as specified, beginning no later than the 10th anniversary of the date the capital appreciation bond was issued.  The bill would authorize a school district or community college district with a note issued before December 31, 2013, to seek from the State Board of Education or the Ch   ancellor of the California Community Colleges, as applicable, a one-time waiver from certain requirements of this bill if 2 specified conditions are satisfied.  (2) Existing law requires the governing board of the school district or community college district, before the sale of bonds, to adopt a resolution as an agenda item at a public meeting that includes specified information. This bill would require, if the sale includes capital appreciation bonds, the agenda item to identify that capital appreciation bonds are proposed and require the governing board of the school district or community college district to be presented with an analysis containing the overall cost of the capital appreciation bonds, a comparison to the overall cost of current interest bonds, the reason capital appreciation bonds are being recommended, and a copy of a certain disclosure made by the underwriter. (3) Additionally and alternatively to the authority described above, existing law authorizes the legislative body of an issuer, by resolution, to provide for the issuance of bonds or refunding bonds and defines "issuer" to include, among other public entities, a school district and a community college district. Existing law also authorizes these bonds to bear an interest rate at a coupon rate or rates as determined by the legislative body of a local agency in its discretion  ,  but not to exceed 12% per year  payable   ,  and defines "local agency" to include, among other public entities, a public district. This bill would instead specify that issuer and local agency, as defined for purposes of this source of bonding authority, do not include a school district or a community college district. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 15144.1 is added to the Education Code, to read: 15144.1. The ratio of total debt service to principal for each bond series shall not exceed four to one. SEC. 2. Section 15144.2 is added to the Education Code, to read: 15144.2. A capital appreciation bond maturing more than 10 years after its date of issuance shall be subject to mandatory tender for purchase or redemption before its fixed maturity date, with or without a premium, at any time  at the option of the issuer  , or from time to time,  at the option of the issuer,  beginning no later than the 10th anniversary of the date the capital appreciation bond was issued.  SEC. 3.   Section 15144.3 is added to the   Education Code   , to read:   15144.3. A school district or community college district with a note issued before December 31, 2013, pursuant to Section 15150 may seek from the state board or the Chancellor of the California Community Colleges, as applicable, a one-time waiver from one or more of the requirements of Sections 1, 2, and 4 of Assembly Bill 182 of the 2013-14 Regular Session, if both of the following are satisfied: (a) The proceeds of the issuance subject to the waiver will be used only for the purpose of paying the note. (b) The school district or community college district has provided to the state board or the Chancellor of the California Community Colleges, as applicable, an analysis from a financial advisor unaffiliated with the school district, the community college district, or the underwriter used by the school district or community college district showing the total overall costs of the proposed bond, how the issuance is the most cost-effective method, and the reasons why the school district or community college district is unable to meet those requirements of Sections 1, 2, and 4 of Assembly Bill 182 of the 2013-14 Regular Session that are the subject of the waiver.  SEC. 3.   SEC. 4.  Section 15146 of the Education Code is amended to read: 15146. (a) The bonds shall be issued and sold pursuant to Section 15140, payable out of the interest and sinking fund of the district. The governing board may sell the bonds at a negotiated sale or by competitive bidding. (b) Before the sale, the governing board shall adopt a resolution, as an agenda item at a public meeting, that includes all of the following: (1) Express approval of the method of sale. (2) Statement of the reasons for the method of sale selected. (3) Disclosure of the identity of the bond counsel, and the identities of the bond underwriter and the financial adviser if either or both are used for the sale, unless these individuals have not been selected at the time the resolution is adopted, in which case the governing board shall disclose their identities at the public meeting occurring after they have been selected. (4) Estimates of the costs associated with the bond issuance. (c) If the sale includes capital appreciation bonds, the agenda item shall identify that capital appreciation bonds are proposed and the governing board shall be presented with all of the following: (1) An analysis containing the total overall cost of the capital appreciation bonds. (2) A comparison to the overall cost of current interest bonds. (3) The reason capital appreciation bonds are being recommended. (4) A copy of the disclosure made by the underwriter in compliance with Rule G-17 adopted by the federal Municipal Securities Rulemaking Board. (d) After the sale, the governing board shall do both of the following: (1) Present the actual cost information for the sale at its next scheduled public meeting. (2) Submit an itemized summary of the costs of the bond sale to the California Debt and Investment Advisory Commission. (e) The governing board shall ensure that all necessary information and reports regarding the sale or planned sale of bonds by the district it governs are submitted to the California Debt and Investment Advisory Commission in compliance with Section 8855 of the Government Code. (f) The bonds may be sold at a discount not to exceed 5 percent and at an interest rate not to exceed the maximum rate permitted by law. If the sale is by competitive bid, the governing board shall comply with Sections 15147 and 15148. The bonds shall be sold by the governing board no later than the date designated by the governing board as the final date for the sale of the bonds. (g) The proceeds of the sale of the bonds, exclusive of any premium received, shall be deposited in the county treasury to the credit of the building fund of the school district, or community college district as designated by the California Community Colleges Budget and Accounting Manual. The proceeds deposited shall be drawn out as other school moneys are drawn out. The bond proceeds withdrawn shall not be applied to any purposes other than those for which the bonds were issued. Any premium or accrued interest received from the sale of the bonds shall be deposited in the interest and sinking fund of the district. (h) The governing board may cause to be deposited proceeds of sale of any series of the bonds in an amount not exceeding 2 percent of the principal amount of the bonds in a costs of issuance account, which may be created in the county treasury or held by a fiscal agent appointed by the district for this purpose, separate from the building fund and the interest and sinking fund of the district. The proceeds deposited shall be drawn out on the order of the governing board or an officer of the district duly authorized by the governing board to make the order, only to pay authorized costs of issuance of the bonds. Upon the order of the governing board or duly authorized officer, the remaining balance shall be transferred to the county treasury to the credit of the building fund of the school district or community college district. The deposit of bond proceeds pursuant to this subdivision shall be a proper charge against the building fund of the district. (i) The governing board may cause to be deposited proceeds of sale of any series of the bonds in the interest and sinking fund of the district in the amount of the annual reserve permitted by Section 15250 or in any lesser amount, as the governing board shall determine from time to time. The deposit of bond proceeds pursuant to this subdivision shall be a proper charge against the building fund of the district. (j) The governing board may cause to be deposited proceeds of sale of any series of the bonds in the interest and sinking fund of the district in the amount not exceeding the interest scheduled to become due on that series of bonds for a period of two years from the date of issuance of that series of bonds. The deposit of bonds proceeds pursuant to this subdivision shall be a proper charge against the building fund of the district.  SEC. 4.   SEC. 5.  Section 53506 of the Government Code is amended to read: 53506. (a) This article is full authority for the issuance of bonds or refunding bonds by any city, county, city and county, or special district, secured by the levy of ad valorem taxes, authorized in accordance with the Constitution and, in the case of a chartered city, county, or city and county, with the charter thereof, or in the case of a special district, with the district's principal act. This article shall not apply to a school district or a community college district. (b) This article is intended to provide a complete additional and alternative method for doing the things authorized by this article. The powers conferred by this article are supplemental and additional to the powers conferred by any other laws, and the limitations imposed by this article do not affect the powers conferred by any other law.  SEC. 5.   SEC. 6.  Section 53507 of the Government Code is amended to read: 53507. As used in this article, the following terms shall have the meanings assigned to them in this section. (a) "Bonds" means bonds, notes, warrants, or other evidence of indebtedness payable, both principal and interest, from the proceeds of ad valorem taxes that may be levied without limitation as to rate or amount upon property subject to taxation by the legislative body. (b) "Issuer" means a city, county, city and county, or special district, secured by the levy of ad valorem taxes, authorized to issue bonds pursuant to this article. "Issuer" shall not include a school district or community college district. (c) "Legislative body" means the governing body of the issuer.  SEC. 6.   SEC. 7.  Section 53508.7 of the Government Code is amended to read: 53508.7. (a) The bonds shall be sold at a public or private sale and at a price at, above, or below par, as the legislative body determines. (b) Bonds sold at a discount below the par value of the bonds shall be sold in compliance with the provisions of Section 53532.  SEC. 7.   SEC. 8.  Section 53530 of the Government Code is amended to read: 53530. As used in this article: (a) "Local agency" means county, city, city and county, public district, public entity or authority, or other public or municipal corporation, including redevelopment agencies, housing authorities, and industrial development authorities. "Local agency" shall not include a school district or community college district. (b) "Bonds" means bonds, warrants, notes, or other evidences of indebtedness of a local agency or zone or improvement district thereof.