California 2015-2016 Regular Session Status: Enacted

AB 2316 — School facilities: leasing property.

Last action — Chaptered by Secretary of State - Chapter 521, Statutes of 2016.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2016. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law requires the governing board of a school district to adopt a resolution that, among other things: (1) declares its intention to enter into a lease or agreement relating to school property, (2) includes specified information about the property, and (3) fixes a time for a public meeting of the governing board of the school district at which sealed proposals to enter a lease or agreement with the school district will be received from any person, firm, or corporation, and considered by the governing board of the school district, as specified. Existing law, notwithstanding the provision described above, also authorizes the governing board of a school district, without advertising for bids, to lease real property for a minimum rental of $1 per year if the instrument by which this property is leased requires the lessee to construct, or provide for the construction of, a building to be used by the school district and provides that the title to the building shall vest in the school district at the end of the lease. This bill would delete the language that provides that the governing board of a school district is not required to advertise for bids pursuant to this provision. The bill would require an instrument created pursuant to these provisions to be awarded based on a competitive solicitation process to the proposer providing the best value, as defined, to the school district. The bill would require the governing board of the school district to adopt and publish required procedures and guidelines for evaluating the qualifications of proposers, as provided. The bill would authorize a school district, for purposes of utilizing preconstruction services, to enter into an instrument before written approval is obtained from the Department of General Services' Division of the State Architect (DSA) only if the instrument provides that no work for which a contractor is required to be licensed and for which DSA approval is required can be performed before receipt of the required DSA approval. The bill would provide, for certain projects leased through an instrument before July 1, 2015, if at any time the instrument is determined to be invalid by a court of competent jurisdiction because it fails to fall within the former competitive bidding exception, that the contractor who entered into the contract with the school district may be paid the reasonable cost, specifically excluding profit, of the labor, equipment, materials, and services furnished by the contractor before the date of the determination, if certain conditions, as determined by the court, are met. The bill would authorize a school district to identify specific types of subcontractors required to be included in a proposal, and would impose specified other procedural requirements on awarding construction subcontracts of a certain value. The bill would provide that the changes made by its provisions, except the deletion of the governing board of a school district's authority to not advertise for bids, shall become inoperative on July 1, 2022.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 521, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 12 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 70. Noes 5. Page 6401.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 8. Page 5271.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time and amended. Ordered to third reading.

  10. From committee: Amend, and do pass as amended. (Ayes 9. Noes 0.) (June 29).

  11. In committee: Set, first hearing. Hearing canceled at the request of author.

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED.

  13. In committee: Hearing postponed by committee.

  14. Referred to Com. on ED.

  15. In Senate. Read first time. To Com. on RLS. for assignment.

  16. Read third time. Passed. Ordered to the Senate. (Ayes 66. Noes 4. Page 4779.)

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 6. Noes 0.) (May 4).

  19. Re-referred to Com. on ED.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.

  21. Referred to Com. on ED.

  22. From printer. May be heard in committee March 20.

  23. Read first time. To print.

Sponsors

  • Mullin · Cosponsor
  • O'Donnell · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 6 voted No

Sponsors (1)

  • O'Donnell

Co-sponsors (1)

  • Mullin

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2316 O'DONNELL Concurrence in Senate Amendments

Passed 70 Yea · 5 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 64303
Democratic 5000
Republican 1202
Total 70505
% of votes cast 88%6%0%6%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Kim — Not Voting
Linder — Yea
Maienschein — Yea
Mathis — Yea
O'Donnell — Yea
Olsen — Yea
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Williams — Yea
Eggman — Yea
Daly — Yea
Gatto — Yea
Chávez — Yea
Salas — Yea
Burke — Yea
Bonilla — Yea
Frazier — Yea
Gordon — Yea
Gray — Yea
Harper — Not Voting
Holden — Yea
Lopez — Yea
Jones-Sawyer — Yea
Levine — Yea
Low — Yea
Mayes — Yea
Campos — Yea
Atkins — Yea
McCarty — Yea
Medina — Yea
Melendez — Yea
Baker — Yea
Chang — Not Voting
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Dodd — Yea
Mullin — Yea
Nazarian — Yea
Obernolte — Yea
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Wagner — Yea
Weber — Yea
Wilk — Nay
Wood — Yea
Gomez — Yea
Hadley — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Not Voting
Gallagher, James Republican Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea
Lackey, Tom Republican Nay

Official roll call →

3rd Reading AB2316 O'Donnell By Leyva

Passed 30 Yea · 8 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 28701
Democratic 2100
Total 30801
% of votes cast 77%21%0%3%
How each member voted (39)
Member Party Vote
Bates — Nay
Lara — Yea
Liu — Yea
Monning — Yea
Nielsen — Nay
Pan — Yea
Wieckowski — Yea
Wolk — Yea
Cannella — Not Voting
Allen — Yea
Mitchell — Yea
De León — Yea
Hancock — Yea
Anderson — Nay
Beall — Yea
Block — Yea
Hernandez — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Huff — Yea
Leno — Yea
Leyva — Yea
Mendoza — Yea
Moorlach — Nay
Morrell — Nay
Pavley — Yea
Roth — Yea
Vidak — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Hall — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass as amended

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Block — Yea
Hancock — Yea
Leyva — Yea
Monning — Yea
Liu — Yea
Pan — Yea
Huff — Yea
Mendoza — Yea
Vidak — Yea

Official roll call →

AB 2316 O'DONNELL Assembly Third Reading

Passed 66 Yea · 4 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 59308
Democratic 5000
Republican 2102
Total 664010
% of votes cast 83%5%0%13%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Jones-Sawyer — Not Voting
Maienschein — Yea
Mathis — Nay
Nazarian — Yea
O'Donnell — Yea
Rendon — Yea
Thurmond — Yea
Waldron — Yea
Chang — Not Voting
Eggman — Yea
Chávez — Nay
Campos — Yea
Frazier — Yea
Gatto — Yea
Chiu — Yea
Salas — Yea
Bonilla — Yea
Gordon — Yea
Holden — Yea
Levine — Yea
Gray — Yea
Linder — Yea
Low — Yea
Lopez — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Bigelow — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Mullin — Yea
Obernolte — Yea
Olsen — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Wagner — Yea
Weber — Yea
Wilk — Yea
Burke — Not Voting
Atkins — Yea
Gomez — Not Voting
Harper — Not Voting
Chau — Yea
Chu — Yea
Kim — Not Voting
Melendez — Not Voting
Quirk — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Williams — Yea
Wood — Yea
Hadley — Yea
Beth Gaines — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Not Voting
Gallagher, James Republican Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
McCarty — Yea
Thurmond — Yea
Kim — Not Voting
O'Donnell — Yea
Olsen — Yea
Santiago — Yea
Weber — Yea

Official roll call →

Subjects

labor education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2316 do?
Existing law requires the governing board of a school district to adopt a resolution that, among other things: (1) declares its intention to enter into a lease or agreement relating to school property, (2) includes specified information about the property, and (3) fixes a time for a public meeting of the governing board of the school district at which sealed proposals to enter a lease or agreement with the school district will be received from any person, firm, or corporation, and considered by the governing board of the school district, as specified. Existing law, notwithstanding the provision described above, also authorizes the governing board of a school district, without advertising for bids, to lease real property for a minimum rental of $1 per year if the instrument by which this property is leased requires the lessee to construct, or provide for the construction of, a building to be used by the school district and provides that the title to the building shall vest in the school district at the end of the lease. This bill would delete the language that provides that the governing board of a school district is not required to advertise for bids pursuant to this provision. The bill would require an instrument created pursuant to these provisions to be awarded based on a competitive solicitation process to the proposer providing the best value, as defined, to the school district. The bill would require the governing board of the school district to adopt and publish required procedures and guidelines for evaluating the qualifications of proposers, as provided. The bill would authorize a school district, for purposes of utilizing preconstruction services, to enter into an instrument before written approval is obtained from the Department of General Services' Division of the State Architect (DSA) only if the instrument provides that no work for which a contractor is required to be licensed and for which DSA approval is required can be performed before receipt of the required DSA approval. The bill would provide, for certain projects leased through an instrument before July 1, 2015, if at any time the instrument is determined to be invalid by a court of competent jurisdiction because it fails to fall within the former competitive bidding exception, that the contractor who entered into the contract with the school district may be paid the reasonable cost, specifically excluding profit, of the labor, equipment, materials, and services furnished by the contractor before the date of the determination, if certain conditions, as determined by the court, are met. The bill would authorize a school district to identify specific types of subcontractors required to be included in a proposal, and would impose specified other procedural requirements on awarding construction subcontracts of a certain value. The bill would provide that the changes made by its provisions, except the deletion of the governing board of a school district's authority to not advertise for bids, shall become inoperative on July 1, 2022.
Who sponsors AB 2316?
AB 2316 is sponsored by Mullin and O'Donnell.
What is the current status of AB 2316?
This bill has been enacted into law. Introduced February 18, 2016. Enacted.
Where can I track AB 2316?
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