BILL NUMBER: SB 141 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 13, 2015
INTRODUCED BY Senator McGuire
(Principal coauthor: Assembly Member Wood)
JANUARY 26, 2015
An act to amend Section 23 of Sections 23
and 25 of, and to add Section 28.5 to, 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: land use. grants,
acquisitions, and dispositions.
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.
The 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.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23 of the Humboldt Bay Harbor, Recreation, and
Conservation District Act (Chapter 1040 of the Statutes of
1976), (Chapter 1283 of the Statutes of 1970), as
amended by Section 10 of Chapter 1040 of the Statutes of
1976, is amended to read:
Sec. 23. All grants, franchises, leases, permits, rights, or
privileges shall be made in accordance with those rules and
regulations as the board shall prescribe by resolution.
SEC. 2. Section 25 of the Humboldt Bay
Harbor, Recreation, and Conservation District Act (Chapter
1283 of the Statutes of 1970), is amended to read:
Sec. 25. The board may employ engineers, attorneys and any other
officers and employees necessary in the work of the district. The
chief executive officer shall appoint a treasurer whose duty
it who shall be to receive and safely
keep responsible for receiving and safely keeping
all moneys of the district. He The
chief executive officer shall comply with all
provisions of law governing the deposit and securing of public funds.
He or she shall pay out moneys only as authorized by the
board and not otherwise; provided, however, that
board. However, no authorization shall be necessary for
the payment of principal and interest on bonds of the district.
He The chief executive officer shall at
regular intervals, at least once each month, prepare and
submit to the secretary of the district a written report and
accounting of all receipts and disbursements and fund balances,
and shall file a copy of which that
report he shall file with the board. The
treasurer shall execute a bond covering the faithful performance by
him or her of the duties of his
the office of the treasurer and his or her
duties with respect to all moneys coming into his or her
hands as treasurer in such the
treasurer's office, in an amount as shall be fixed by
resolution of said the board. The
surety bond herein required shall be executed only by a surety
company authorized to do business in the State of California and the
premium therefor shall be paid by the district. The bond shall be
approved by the board and filed with the secretary of the district.
The treasurer before entering upon the duties of his office
shall take and file with the secretary of the district the
oath of office required by the Constitution of this state.
state before assuming the duties of his or her office.
SEC. 3. Section 28.5 is added to the
Humboldt Bay Harbor, Recreation, and Conservation District Act
(Chapter 1283 of the Statutes of 1970), to read:
Sec. 28.5. (a) (1) The district shall not make an expenditure of
trust moneys from the Humboldt Bay Harbor, Recreation, and
Conservation District Fund to purchase or otherwise acquire real
property without first having obtained the written approval of the
State Lands Commission. The district shall give the State Lands
Commission at least 90 days' written notice of the proposed
expenditure to purchase or acquire real property.
(2) The notice provided under paragraph (1) shall include all of
the following information:
(A) The total amount of the proposed expenditure from the fund.
(B) The location of the real property.
(C) The purpose of the purchase or acquisition.
(D) An explanation of how the purchase or acquisition is
consistent with the terms of the trust grant.
(3) The State Lands Commission shall have 90 days after receipt of
the written notice to review and approve the proposed expenditure.
(b) The district shall give the State Lands Commission at least 90
days' written notice of a proposed disposition of any interest in
real property if the interest was acquired by the district with
revenue generated from activities carried out on granted lands and is
held in trust by the district.