BILL NUMBER: SB 493	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Padilla
   (Coauthor: Assembly Member Fuentes)

                        FEBRUARY 17, 2011

   An act to amend Section 10389.1 of the Public Contract Code,
relating to state property, and declaring the urgency thereof, to
take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 493, as introduced, Padilla. State surplus property.
   Existing law requires the Department of General Services to
perform various functions and duties with respect to state property.
Existing law authorizes the department to first offer appropriate
state surplus personal property to school districts, at less than
fair market value, prior to offering that property to the public, as
specified.
   This bill would require the department, notwithstanding the above
procedures for state surplus property, to first offer state surplus
computers at less than fair market value to recipients of grants
under the federal American Recovery and Reinvestment Act of 2009 for
use with an approved broadband adoption project involving a public
computer center or digital literacy training. The bill would require
the department to report to the Legislature on its implementation of
this provision on or before January 1, 2012.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 10389.1 of the Public Contract Code is amended
to read:
   10389.1.   (a)    The Department of General
Services, if feasible and consistent with existing law, shall first
offer appropriate state surplus personal property to school districts
prior to offering that property to the public, except for property
more appropriately suited for public safety uses. The department may
offer school districts state surplus personal property at less than
fair market value, if it is determined by the Director of General
Services to be in the best interests of the state. The department
shall develop policies and procedures for the implementation of this
article. 
   (b) (1) Notwithstanding subdivision (a), the department shall
first offer state surplus computers at less than fair market value to
recipients of grants under the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5) for use with an approved broadband
adoption project involving a public computer center or digital
literacy training.  
   (2)  On or before January 15, 2012, the department shall report to
the Legislature on its implementation of this subdivision and
recommend whether other nonprofit organizations working to close the
digital divide among low-income populations, in accordance with the
state policy in California set forth in subdivision (d) of Section
709 of the Public Utilities Code, should be eligible for state
surplus computers at less than fair market value.  
   (3) The requirement for submitting a report imposed pursuant to
paragraph (2) is inoperative on January 15, 2016, pursuant to Section
10231.5 of the Government Code.  
   (4) A report required to be submitted pursuant to paragraph (2)
shall be submitted in compliance with Section 9795 of the Government
Code. 
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to enable recipients of grants under the federal American
Recovery and Reinvestment Act of 2009 to have access to computers
for use within the limited timeframe for which federal funding is
available, it is necessary for this act to take effect immediately.