Amended in Assembly June 22, 2015

Amended in Senate May 13, 2015

Senate BillNo. 141


Introduced by Senator McGuire

(Principal coauthor: Assembly Member Wood)

January 26, 2015


An act to amend 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 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 withoutbegin delete the prior written approval ofend deletebegin insert first having provided at least 90 days’ written notice, containing specified information, of the proposed expenditure toend insert the State Lands Commission.begin delete 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.end deletebegin insert This bill would authorize the district to proceed with the purchase or acquisition if the commission does not object within 90 days of the commission’s receipt of the notice.end insert The bill would also require the district to give the commission at least 90 days’ writtenbegin delete noticeend deletebegin insert notice, containing specified information,end insert of a proposed disposition of any interest in real property held in trust by the district.

Vote: majority. Appropriation: no. 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 23 of the Humboldt Bay Harbor,
2Recreation, and Conservation District Act
(Chapter 1283 of the
3Statutes of 1970), as amended by Section 10 of Chapter 1040 of
4the Statutes of 1976, is amended to read:

5

Sec. 23.  

All grants, franchises, leases, permits, rights, or
6privileges shall be made in accordance with those rules and
7regulations as the board shall prescribe by resolution.

8

SEC. 2.  

Section 25 of the Humboldt Bay Harbor, Recreation,
9and Conservation District Act
(Chapter 1283 of the Statutes of
101970), is amended to read:

11

Sec. 25.  

The board may employ engineers, attorneys and any
12other officers and employees necessary in the work of the district.
13The chief executive officer shall appoint a treasurer who shall be
14responsible for receiving and safely keeping all moneys of the
15district. The chief executive officer shall comply with all provisions
16of law governing the deposit and securing of public funds. He or
P3    1she shall pay out moneys only as authorized by the board.
2However, no authorization shall be necessary for the payment of
3principal and interest on bonds of the district. The chief executive
4officer shall at regular intervals, at least once each month, prepare
5and submit to the secretary of the district a written report and
6accounting of all receipts and disbursements and fund balances,
7and shall file a copy of that report with the board. The treasurer
8shall execute a bond covering the faithful performance by him or
9her of the duties of the office of the treasurer and his or her duties
10with respect to all moneys coming into his or her hands as treasurer
11in the treasurer’s office, in an amount as shall be fixed by resolution
12of the board. The surety bond herein required shall be executed
13only by a surety company authorized to do business in the State
14of California and the premium therefor shall be paid by the district.
15The bond shall be approved by the board and filed with the
16secretary of the district. The treasurer shall take and file with the
17secretary of the district the oath of office required by the
18Constitution of this state before assuming the duties of his or her
19office.

20

SEC. 3.  

Section 28.5 is added to the Humboldt Bay Harbor,
21Recreation, and Conservation District Act
(Chapter 1283 of the
22Statutes of 1970), to read:

23

Sec. 28.5.  

(a) begin delete(1)end deletebegin deleteend deleteThe district shall not make an expenditure
24of trust moneys from the Humboldt Bay Harbor, Recreation, and
25Conservation District Fund to purchase or otherwise acquire real
26property without first havingbegin delete obtained the written approval ofend delete
27begin insert provided at least 90 days’ written notice of the proposed
28expenditure toend insert
the State Lands Commission.begin delete The district shall give
29the State Lands Commission at least 90 days’ written notice of the
30proposed expenditure to purchase or acquire real property.end delete
begin insert The
31notice shall include the total amount of the proposed expenditure
32from the fund, the location of the real property, the purpose of the
33purchase or acquisition, and an explanation of how the purchase
34or acquisition is consistent with the terms of the trust grant. If the
35State Lands Commission does not object within 90 days of its
36receipt of the notice, the district may proceed with the purchase
37or acquisition.end insert

begin delete

38(2) The notice provided under paragraph (1) shall include all of
39the following information:

end delete
begin delete

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

end delete
begin delete

P4    1(B) The location of the real property.

end delete
begin delete

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

end delete
begin delete

3(D) An explanation of how the purchase or acquisition is
4consistent with the terms of the trust grant.

end delete
begin delete

5(3) The State Lands Commission shall have 90 days after receipt
6of the written notice to review and approve the proposed
7expenditure.

end delete

8(b) The district shall give the State Lands Commission at least
990 days’ written notice of a proposed disposition of any interest
10in real property if the interest was acquired by the district with
11revenue generated frombegin delete activities carried out on granted lands and
12is held in trust by the district.end delete
begin insert the granted lands. The notice shall
13include the proposed consideration to be received by the district,
14the location of the real property, and the purpose of the disposition.end insert



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