Amended in Senate May 13, 2015

Senate BillNo. 141


Introduced by Senator McGuire

(Principal coauthor: Assembly Member Wood)

January 26, 2015


An act to amendbegin delete Section 23 ofend deletebegin insert Sections 23 and 25 of, and to add Section 28.5 to,end insert the Humboldt Bay Harbor, Recreation, and Conservation District Act (Chapter 1283 of the Statutes of 1970), relating to tide and submerged lands.

LEGISLATIVE COUNSEL’S DIGEST

SB 141, as amended, McGuire. Humboldt Bay Harbor, Recreation, and Conservation District Act: landbegin delete use.end deletebegin insert grants, acquisitions, and dispositions.end insert

Existing law, the Humboldt Bay Harbor, Recreation, and Conservation District Act regulates the use of specified tide and submerged lands within Humboldt Bay and provides for the fill, improvement, and reclamation of those tidelands, as prescribed. The act further requires that all grants, franchises, leases, permits, rights or privileges be made in accordance with those rules and regulations as the board of commissioners of the district prescribes by resolution, and prohibits irrevocable grants of fee title from being granted or issued.

This bill would eliminate that provision prohibiting irrevocable grants of fee title, thereby authorizing these grants subject to the other provisions of the act.

begin insertThe act authorizes the district to acquire, hold and enjoy, and lease and dispose of real and personal property of every kind, within the district, necessary to the full or convenient exercise of its powers. The act requires that all money received or collected by the district be deposited in the Humboldt Bay Harbor, Recreation, and Conservation District Fund, and prohibits money in the fund from being appropriated or used for any purpose except those purposes enumerated in the act.end insert

begin insert

This bill would prohibit the district from making an expenditure of trust moneys from the fund to purchase or otherwise acquire any real property without the prior written approval of the State Lands Commission. The bill would require the district to provide the commission with 90 days’ written notice of the proposed purchase or acquisition of real property, containing specified information, and would provide that the commission shall have 90 days after receipt of the written notice to approve the proposed expenditure. The bill would also require the district to give the commission at least 90 days’ written notice of a proposed disposition of any interest in real property held in trust by the district.

end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 23 of the Humboldt Bay Harbor,
2Recreation, and Conservation District Act
begin delete (Chapter 1040 of the
3Statutes of 1976),end delete
begin insert (Chapter 1283 of the Statutes of 1970), as
4amended by Section 10 of Chapter 1040 of the Statutes of 1976, end insert

5 is amended to read:

6

Sec. 23.  

All grants, franchises, leases, permits, rights, or
7privileges shall be made in accordance with those rules and
8regulations as the board shall prescribe by resolution.

9begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 25 of the end insertbegin insertHumboldt Bay Harbor, Recreation,
10and Conservation District Act
end insert
begin insert (Chapter 1283 of the Statutes of
111970), is amended to read:end insert

12

Sec. 25.  

The board may employ engineers, attorneys and any
13other officers and employees necessary in the work of the district.
14The chief executive officer shall appoint a treasurerbegin delete whose duty itend delete
15begin insert whoend insert shall bebegin delete to receive and safely keepend deletebegin insert responsible for receiving
16and safely keepingend insert
all moneys of the district.begin delete Heend deletebegin insert The chief executive
17officerend insert
shall comply with all provisions of law governing the
18deposit and securing of public funds. Hebegin insert or sheend insert shall pay out
19moneys only as authorized by thebegin delete board and not otherwise;
20provided, however, thatend delete
begin insert board. However,end insert no authorization shall
21be necessary for the payment of principal and interest on bonds of
P3    1the district.begin delete Heend deletebegin insert The chief executive officerend insert shall at regular intervals,
2at least once each month,begin insert prepare andend insert submit to the secretary of
3the district a written report and accounting of all receipts and
4disbursements and fund balances,begin insert and shall fileend insert a copy ofbegin delete whichend delete
5begin insert thatend insert reportbegin delete he shall fileend delete with the board. The treasurer shall execute
6a bond covering the faithful performance by himbegin insert or herend insert of the
7duties ofbegin delete hisend deletebegin insert theend insert officebegin insert of the treasurerend insert and hisbegin insert or herend insert duties with
8respect to all moneys coming into hisbegin insert or herend insert hands as treasurer in
9begin delete suchend deletebegin insert the treasurer’s office, in anend insert amount as shall be fixed by
10resolution ofbegin delete saidend deletebegin insert theend insert board. The surety bond herein required shall
11be executed only by a surety company authorized to do business
12in the State of California and the premium therefor shall be paid
13by the district. The bond shall be approved by the board and filed
14with the secretary of the district. The treasurerbegin delete before entering
15upon the duties of his officeend delete
shall take and file with the secretary
16of the district the oath of office required by the Constitution of this
17begin delete state.end deletebegin insert state before assuming the duties of his or her office.end insert

18begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 28.5 is added to the end insertbegin insertHumboldt Bay Harbor,
19Recreation, and Conservation District Act
end insert
begin insert (Chapter 1283 of the
20Statutes of 1970), to read:end insert

begin insert
21

begin insertSec. 28.5.end insert  

(a) (1) The district shall not make an expenditure
22of trust moneys from the Humboldt Bay Harbor, Recreation, and
23Conservation District Fund to purchase or otherwise acquire real
24property without first having obtained the written approval of the
25State Lands Commission. The district shall give the State Lands
26Commission at least 90 days’ written notice of the proposed
27expenditure to purchase or acquire real property.

28(2) The notice provided under paragraph (1) shall include all
29of the following information:

30(A) The total amount of the proposed expenditure from the fund.

31(B) The location of the real property.

32(C) The purpose of the purchase or acquisition.

33(D) An explanation of how the purchase or acquisition is
34consistent with the terms of the trust grant.

35(3) The State Lands Commission shall have 90 days after receipt
36of the written notice to review and approve the proposed
37expenditure.

38(b) The district shall give the State Lands Commission at least
3990 days’ written notice of a proposed disposition of any interest
40in real property if the interest was acquired by the district with
P4    1revenue generated from activities carried out on granted lands
2and is held in trust by the district.

end insert


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