AB 1900 Assembly Bill

BILL NUMBER: AB 1900	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 19, 2016
	AMENDED IN SENATE  AUGUST 16, 2016
	AMENDED IN ASSEMBLY  MARCH 31, 2016

INTRODUCED BY   Assembly Members Jones-Sawyer and O'Donnell

                        FEBRUARY 11, 2016

   An act to add Section 70395 to the Government Code, relating to
court facilities,  making an appropriation therefor,
 and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1900, as amended, Jones-Sawyer. San Pedro  superior 
courthouse.
   (1) Existing law authorizes the Judicial Council to dispose of
surplus court facilities pursuant to a specified process that
requires, among other things, the Judicial Council to consult with
the county where the court facility is located, offer the facility to
the county at a fair market value before offering it to another
state or local government agency, and deposit the funds received from
a sale into the State Court Facilities Construction Fund. The
process further requires the Judicial Council, if the court facility
was previously the responsibility of a county, to comply with certain
requirements applicable to the sale of surplus state property.
Existing law establishes the Immediate and Critical Needs Account
within the State Court Facilities Construction Fund. The California
Constitution requires the proceeds from the sale of surplus state
property to be deposited into the Special Fund for Economic
Uncertainties, a continuously appropriated fund.
   This bill would, notwithstanding any other law, specifically
authorize the Judicial Council to sell the San Pedro superior
courthouse, as specified, if the sale complies with certain
requirements applicable to the disposal of  surplus 
court facilities and the Judicial Council consults with, and first
offers the right to purchase the property to, the County of Los
Angeles. The bill would require the net proceeds from the sale of the
courthouse to be deposited into the  Special Fund for
Economic Uncertainties, and then transferred to, and appropriated
from, the  Immediate and Critical Needs Account of the State
Court Facilities Construction  Fund to the Judicial Council
for the planning, design, construction, rehabilitation, renovation,
replacement, or acquisition of court facilities. By appropriating the
sale proceeds from the Immediate and Critical Needs Account of the
State Court Facilities Construction Fund to the Judicial Council for
these specified purposes, this bill would make an appropriation.
  Fund   . The bill would state that the
disposition of this property is not a sale or other disposition of
surplus state property within the meaning of the California
Constitution. 
   The bill would make legislative findings in support of its
provisions.
   (2) This bill would declare that it is to take effect immediately
as an urgency statute.
   Vote: 2/3. Appropriation:  yes   no  .
Fiscal committee: yes. State-mandated local program: no.


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

  SECTION 1.  It is the intent of the Legislature, in enacting this
 legislation,   act,  to specifically
authorize the Judicial Council, with certain participation by the
County of Los Angeles, to sell property known as the San Pedro 
superior  courthouse, a surplus court facility that is
unsuitable for the needs of the judicial branch, and 
appropriate   transfer  those sale proceeds to the
Judicial  Council for the planning, design, construction,
rehabilitation, renovation, replacement, or acquisition of court
facilities.   Council's Immediate and Critical Needs
Account of the State Court Facilities Construction Fund. 
  SEC. 2.  Section 70395 is added to the Government Code, immediately
following Section 70394, to read:
   70395.  (a) Notwithstanding any other law, the Judicial Council
may sell the property, at fair market value and upon the terms and
conditions and subject to the reservations the Judicial Council deems
in the best interests of the state, if all of the following
requirements are satisfied:
   (1) The sale complies with Section 70391 of the Government Code,
as applicable.
   (2) The Judicial Council consults with the County of Los Angeles
concerning the sale of the property.
   (3) The Judicial Council offers the County of Los Angeles the
right to purchase the property at fair market value before otherwise
offering the property for sale.
   (b) Notwithstanding any other law, the net proceeds from the sale
of the property shall be deposited into the  Special Fund for
Economic Uncertainties, established by Section 16418 of the
Government Code, and then be immediately transferred to the 
Immediate and Critical Needs Account of the State Court Facilities
Construction Fund, established by Section 70371.5 of the Government
Code.  The net proceeds from the sale of the property are
hereby appropriated from the Immediate and Critical Needs Account of
the State Court Facilities Construction Fund to the Judicial Council
for the purposes set forth in paragraph (1) of subdivision (a) of
Section 70371.5 of the Government Code. 
   (c) For purposes of this act, "property" means the San Pedro
superior courthouse located at 505 South Centre Street, in the City
of Los Angeles and the County of Los Angeles, Assessor Parcel Number
7455-013-901. 
   (d) The disposition of the property authorized in this section
does not constitute a sale or other disposition of surplus state
property within the meaning of Section 9 of Article III of the
California Constitution and shall not be subject to subdivision (g)
of Section 11011 of the Government Code. 
  SEC. 3.  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:
   To enable the sale of the  surplus  San Pedro
court facility to occur as soon as possible, it is necessary that
this act take effect immediately.