BILL NUMBER: SB 245	CHAPTERED  07/21/05

	CHAPTER  107
	FILED WITH SECRETARY OF STATE  JULY 21, 2005
	APPROVED BY GOVERNOR  JULY 21, 2005
	PASSED THE ASSEMBLY  JULY 7, 2005
	PASSED THE SENATE  MAY 26, 2005
	AMENDED IN SENATE  MAY 23, 2005
	AMENDED IN SENATE  APRIL 28, 2005
	AMENDED IN SENATE  MARCH 29, 2005

INTRODUCED BY   Senator Battin

                        FEBRUARY 15, 2005

   An act to add Section 14682 to the Government Code, relating to
state property.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 245, Battin  Department of General Services: use of state
property.
   Existing law generally sets forth the duties and authority of the
Department of General Services in acquiring, assigning, and
maintaining state property on behalf of state agencies.
   This bill would provide that final determination of the use of
existing state-owned or state-leased facilities that are currently
under the jurisdiction of the Department of General Services by state
agencies shall be made by the Department of General Services. It
would provide that the request of an agency that is required to be
made to and approved by the department to acquire new facilities
through lease, purchase, or construction shall first consider the
utilization of existing state-owned, state-leased, or
state-controlled facilities before considering the leasing of
additional facilities on behalf of a state agency. It would also
require that when tenant state agencies located in existing
state-owned facilities vacate their premises, they continue to pay
rent for the facilities unless and until a new tenant can be assigned
or until the Department of General Services can negotiate a mutual
termination of the lease, unless the department has generated the
tenant's relinquishment or the tenant is vacating in accordance with
the provisions of its lease agreement.


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


  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) It is not the intent of the Legislature in enacting Section 2
of this act to increase the jurisdiction of the Department of General
Services over construction, facilities, or real property that is not
now under the jurisdiction of the department on the date that
Section 14682 of the Government Code takes effect.
   (b) It is the intent of the Legislature in enacting Section 2 of
this act that existing state-owned or state-leased facilities are
fully utilized by state agencies before entering into new leases by
the Department of General Services in order to better control office
facility use by state agencies.
  SEC. 2.  Section 14682 is added to the Government Code, to read:
   14682.  (a) Final determination of the use of existing state-owned
and state-leased facilities that are currently under the
jurisdiction of the Department of General Services by state agencies
shall be made by the Department of General Services.
   (b) A request of an agency that is required to be made to and
approved by the Department of General Services to acquire new
facilities through lease, purchase, or construction shall first
consider the utilization of existing state-owned, state-leased, or
state-controlled facilities before considering the leasing of
additional facilities on behalf of a state agency. If no available
appropriate state facilities exist, the Department of General
Services shall procure approved new facilities for the agency that
meets the agency's needs using cost efficiency as a primary
criterion, among other agency-specific criteria, as applicable.
   (c) When tenant state agencies located in existing state-owned or
state-leased facilities vacate their premises, they shall continue
paying rent for the facilities unless and until a new tenant can be
assigned or until the Department of General Services can negotiate a
mutual termination of the lease. If the department generates the
tenant's relinquishment, or if the tenant is vacating in accordance
with the provisions of its lease agreement, the tenant shall not be
obligated to pay rent after vacating the premises.