BILL NUMBER: SB 493	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 30, 2011

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 amended, 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  
December 31  , 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  federal  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   December 3
  1  , 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  
December 31  , 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.