BILL NUMBER: AB 1943 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 24, 2014
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 19, 2014
An act to amend Section 3 of Chapter 1086 of the Statutes of 1970,
relating to tidelands and submerged lands of the City of Eureka
, and making an appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
AB 1943, as amended, Chesbro. Tidelands: City of Eureka.
Existing law grants to the City of Eureka all the right, title,
and interest of the State of California state
in and to certain tidelands and submerged lands located in
Humboldt Bay in trust for certain purposes. Existing law
provides that certain moneys received by requires
the City of Eureka from the State Controller shall be
deposited in to establish the
Humboldt Bay Fund and may be used by the City of Eureka for
the purposes for which revenues accruing from or out of the use of
those granted tidelands may be used. to deposit in the
fund all moneys received directly from, or indirectly attributable
to, those trust lands.
Existing law requires the City of Eureka, prior to June 30 of
each year, to pay to the State Controller a
specified amount of the money deposited by the city into the Humboldt
Bay Fund during the preceding fiscal year in lieu of all obligations
incurred by the city, as specified.
This bill would provide that when the State Controller certifies
that the amount of the original payments has been made by the city,
the obligation to make payments shall cease.
Existing law, the Kapiloff Land Bank Act, creates the Kapiloff
Land Bank Fund, and continuously appropriates moneys in the fund,
subject to a statutory trust, to the State Lands Commission, acting
as the Land Bank Trustee, to acquire real property or any interest in
real property for the purposes of public trust title settlements.
This bill would delete the requirement that the City of Eureka pay
to the Controller a specified amount of the money deposited by the
city into the Humboldt Bay Fund during the preceding fiscal year and
would instead require, on June 30, 2015, and at the end of every
fiscal year thereafter, that 4% of all gross revenues generated from
the trust lands be transmitted to the commission and deposited in the
Kapiloff Land Bank Fund for expenditure by the commission pursuant
to the act, thereby making an appropriation.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3 of Chapter 1086 of the Statutes of 1970, as
amended by Section 1 of Chapter 1068 of the Statutes of 1982, is
amended to read:
Sec. 3. (a) The city shall establish the Humboldt Bay Fund in the
manner as may be approved by the State Lands Commission, and the city
shall deposit therein all moneys received directly from, or
indirectly attributable to, the tide and submerged lands granted to
the city. An annual statement of financial condition and operations,
to conform with those requirements as the State Lands Commission may
prescribe, shall be submitted to the State Lands Commission by the
city on or before September 30th 30 of
each year for the preceding fiscal year. In furtherance of its
management and administration over granted tide and submerged lands,
the State Lands Commission shall audit, or cause to be audited, the
operations and all books and records of the city. Further, the city
shall prepare and submit to the State Lands Commission, for its
review and approval, an annual budget with respect to all revenues
and expenditures regarding tide and submerged lands granted to the
city. All moneys received from the State
Controller pursuant to Section 18 of this act shall be deposited in
the Humboldt Bay Fund and may be used by the city for the purposes
for which revenues accruing from or out of the use of the granted
tidelands may be used pursuant to the provisions of this act.
(b) Prior to June 30 of each year, the city shall pay to the State
Controller a sum that is not less than 15 percent of the amount of
the money deposited by the city into the Humboldt Bay Fund during the
preceding fiscal year, after deducting from the fund the principal
and interest payments required by the currently outstanding 1973
Municipal Harbor Improvement Revenue Bond issue, and after the credit
for reverted funds provided for in Section 18 of this act. Moneys
received from the State Controller pursuant to Section 18 of this act
shall not be included in the calculation of the amount deposited
into the Humboldt Bay Fund. Payments made to the State Controller
pursuant to this section shall be in lieu of all obligations incurred
by the city pursuant to this section, as amended by Section 2 of
Chapter 1252 of the Statutes of 1971, and prior to the amendment of
this section during the 1977-78 Regular Session of the Legislature.
When the State Controller certifies that the amount of the original
payments has been paid by the city, the obligation to make payments
shall cease.
(c) If the city fails to make any payment required to be made
hereby for any reason whatsoever, the State Board of Equalization,
upon the order of the State Controller, shall deduct the amount of
that payment from the sales and use taxes to be paid to the city
thereafter pursuant to Section 7204 of the Revenue and Taxation Code
and shall pay the same to the State Controller.
(d) All payments made by the city and the State Board of
Equalization shall be considered as oil revenues and dry gas revenues
payable to the state pursuant to Chapter 138 of the Statutes of
1964, First Extraordinary Session, during the year they are received.
(e) For the purposes of Section 7 of this act, the amounts paid to
the State Controller by the city shall be considered as current and
accrued operating costs and expenditures directly related to the
operation and maintenance of tideland trust activities.
(b) On June 30, 2015, and at the end of every fiscal year
thereafter, 4 percent of all gross revenue generated from the trust
lands described in subdivision (a) shall be transmitted to the State
Lands Commission and deposited in the Kapiloff Land Bank Fund for
expenditure by the commission pursuant to Division 7 (commencing with
Section 8600) of the Public Resources Code for management of the
commission's granted lands program.