Amended in Senate June 30, 2014

Amended in Assembly March 24, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1943


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 in and to certain tidelands and submerged lands located in Humboldt Bay in trust for certain purposes. Existing law requires the City of Eureka to establish the Humboldt Bay Fund and 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 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.begin insert Existing law requires that the city submit to the commission, on or before September 30 of each year for the preceding fiscal year, an annual statement of financial condition and operations.end insert

begin insert

This bill would instead require that the annual statement of financial condition and operations be submitted to the commission on or before December 31 of each year for the preceding fiscal year.

end insert

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: 23. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 3 of Chapter 1086 of the Statutes of 1970,
2as amended by Section 1 of Chapter 1068 of the Statutes of 1982,
3is amended to read:

4

Sec. 3.  

(a) The city shall establish the Humboldt Bay Fund in
5the manner as may be approved by the State Lands Commission,
6and the city shall deposit therein all moneys received directly from,
7or indirectly attributable to, the tide and submerged lands granted
8to the city. An annual statement of financial condition and
9operations, to conform with those requirements as the State Lands
10Commission may prescribe, shall be submitted to the State Lands
11Commission by the city on or beforebegin delete September 30end deletebegin insert December 31end insert
12 of each year for the preceding fiscal year. In furtherance of its
13management and administration over granted tide and submerged
14lands, the State Lands Commission shall audit, or cause to be
15audited, the operations and all books and records of the city.
16Further, the city shall prepare and submit to the State Lands
17Commission, for its review and approval, an annual budget with
18respect to all revenues and expenditures regarding tide and
19submerged lands granted to the city. All moneys received from
20the Controller pursuant to Section 18 of this act shall be deposited
21in the Humboldt Bay Fund and may be used by the city for the
22purposes for which revenues accruing from or out of the use of
P3    1the granted tidelands may be used pursuant to the provisions of
2this act.

3(b) On June 30, 2015, and at the end of every fiscal year
4thereafter, 4 percent of all gross revenue generated from the trust
5lands described in subdivision (a) shall be transmitted to the State
6Lands Commission and deposited in the Kapiloff Land Bank Fund
7for expenditure by the commission pursuant to Division 7
8(commencing with Section 8600) of the Public Resources Code
9for management of the commission’s granted lands program.



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