BILL NUMBER: SB 128 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 29, 2000
AMENDED IN ASSEMBLY JUNE 29, 2000
AMENDED IN ASSEMBLY AUGUST 24, 1999
AMENDED IN SENATE MAY 19, 1999
AMENDED IN SENATE APRIL 26, 1999
AMENDED IN SENATE MARCH 4, 1999
INTRODUCED BY Senator Polanco
(Coauthor: Assembly Member Migden)
DECEMBER 22, 1998
An act to add Sections 54233 and 54233.1 to the
Government Code, relating to imprisonment. amend
Section 4420 of the Government Code, relating to state property.
LEGISLATIVE COUNSEL'S DIGEST
SB 128, as amended, Polanco. Prisons: San Quentin
State property .
(1) Existing law authorizes the Director of General Services, with
the consent of the state agency concerned, to sell, convey, or
exchange surplus real property belonging to the state at fair market
value under specified circumstances.
This bill would authorize the director, with approval of the
Director of the Department of Transportation, to sell, lease, or
exchange the real property located at 120 South Spring Street in the
City of Los Angeles, including structures thereon totaling
approximately 395,000 square feet.
(2) Existing law prohibits a state or local government agency, in
connection with competitive bidding for a public building or
construction contract, from requiring a bidder to obtain a surety
bond or insurance in connection with the project from a particular
surety or insurance company, agent, or broker, and authorizes use of
owner-controlled or wrap-up insurance on a "construction or
renovation project" for which the total cost exceeds $50,000,000 if
the agency meets certain conditions and certifies that it has made
certain determinations.
This bill would clarify that law by authorizing owner-controlled
or wrap-up insurance for a construction or renovation program, rather
than project, for which the costs exceed $50,000,000.
Existing law provides for the establishment and operation of a
state prison at San Quentin in Marin County, and provides that all
death row inmates shall be incarcerated therein and all judgments of
death shall therein be executed.
This bill would direct the Department of Corrections to transfer,
by January 1, 2002, ownership of the property and facilities of the
state prison at San Quentin to the Department of General Services,
and would declare that property and facilities to be surplus land.
This bill would direct the Department of General Services to
establish and support a task force of specified state and local
representatives to determine the appropriate use and disposition of
the property, and to develop a land use master plan to be considered
for implementation by the department. This bill would also require
the Department of Corrections to develop, by June 30, 2001, a
proposal for the transfer of inmates housed in the state prison at
San Quentin, subject to specified criteria.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares as
SECTION 1. The Director of General Services, with approval of the
Director of the Department of Transportation, may sell, lease, or
exchange the real property located at 120 South Spring Street in the
City of Los Angeles, including structures thereon totaling
approximately 395,000 square feet, on those terms and conditions and
subject to the reservations and exceptions that may be in the best
interest of the state.
SEC. 2. Section 4420 of the Government Code is amended to read:
4420. (a) No state or local governmental agency and no person
acting on behalf of any state or local governmental agency, except a
governmental agency created pursuant to agreement or compact with
another state, shall, with respect to any public building or
construction contract that is about to be or that has been
competitively bid, require the bidder to make application to, furnish
financial data to, or obtain or procure any surety bond or contract
of insurance specified in connection with the contract or specified
by any law, ordinance, or regulation from, a particular surety or
insurance company, agent, or broker.
(b) Notwithstanding subdivision (a), a state or local governmental
agency may use owner-controlled or wrap-up insurance with regard to
a construction or renovation project program
for which the total cost exceeds fifty million dollars
($50,000,000) if the agency meets all of the following conditions and
certifies that it has made the following determinations:
(1) Prospective bidders, including contractors and subcontractors,
meet minimum occupational safety and health qualifications
established to bid on the project. The evaluation of prospective
bidders shall be based on consideration of the following factors:
(A) Serious and willful violations of Part 1 (commencing with
Section 6300) of Division 5 of the Labor Code, by a contractor or
subcontractor during the past five-year period.
(B) The contractor's or subcontractor's workers' compensation
experience modification factor.
(C) A contractor's or subcontractor's injury prevention program
instituted pursuant to Section 3201.5 or 6401.7 of the Labor Code.
(2) The use of owner-controlled or wrap-up insurance will minimize
the expenditure of public funds on the project in conjunction with
the exercise of appropriate risk management.
(3) The program maintains completed operation coverage for a term
for which the Insurance Commissioner has determined that coverage is
reasonably commercially available, but in no event less than three
years.
(4) Bid specifications clearly specify for all bidders the
insurance coverage provided under the program and minimum safety
requirements that must be met.
(5) The program does not prohibit a contractor or subcontractor
from purchasing any additional insurance coverage that a contractor
or subcontractor believes is necessary to protect from any liability
arising out of the contract.
(6) The program does not include surety insurance.
(c) Safety requirements for a project subject to this section may
be developed jointly between the agency and the prime contractor. If
the agency requires a safety program different than the prime
contractor's usual and customary program, the program shall be
mutually agreed upon, taking into account the prime contractor's
experience, expertise, existing labor agreements relating to safety
issues, and any unique safety issues relating to the project.
(d) This section shall not affect any provision in a collective
bargaining agreement specified in Section 3201.5 of the Labor Code
that is submitted by the prime contractor with its construction bid.
(e) The use of owner-controlled or wrap-up insurance under this
chapter does not abrogate, limit, or otherwise affect any potential
liability that is otherwise available at law.
(f) For purposes of this section, the following terms have the
following meanings:
(1) "Owner-controlled or wrap-up insurance" means a series of
insurance policies issued to cover all of the contractors and
subcontractors on a given project for purposes of general liability
and workers' compensation.
(2) "State governmental agency" means any state office, officer,
department, division, bureau, board, commission, the University of
California, or the California State University.
(3) "Local governmental agency" means any city, county, city and
county, special district, authority, or other political subdivision
of or within the state. follows:
(a) San Quentin State Prison, built in 1852 and the oldest prison
in California, is no longer cost-effective to maintain and operate.
Hundreds of millions of dollars have been spent to retrofit the
prison and upgrade its infrastructure just to maintain minimum
structural integrity. In addition, millions of dollars are requested
every year to bring the prison up to modern standards.
(b) San Quentin State Prison was recently designated the most
seismically unsafe building in California.
(c) Any long-term land-use plans for the property at San Quentin
State Prison shall be consistent with local bay area regional
planning.
SEC. 2. Section 54233 is added to the Government Code, to read:
54233. (a) The Department of Corrections shall transfer the
ownership of the property, including all facilities, comprising the
California State Prison at San Quentin, located in Marin County, to
the Department of General Services no later than January 1, 2002.
Pursuant to Section 11011 of the Government Code, the Legislature
finds and declares this property, including all facilities, to be
surplus land.
(b) The Department of General Services shall establish and support
a task force of state and local representatives to recommend the
appropriate use and disposition of the property. The task force
shall include the Senate and Assembly representatives with districts
that include San Quentin State Prison, the chair of the joint
legislative committee with primary oversight of prison issues, one
representative from the City of Corte Madera, one representative from
the City of Larkspur, one representative from the City of San
Rafael, one representative from the City of Tiburon, three
representatives from the County of Marin, and one representative from
the City of San Francisco. The task force shall develop and
recommend a land use master plan which the Department of General
Services shall consider for implementation. The master plan may
include identifying a portion of the land as an historic landmark,
which portion may be transferred to the Department of Parks and
Recreation for maintenance.
SEC. 3. Section 54233.1 is added to the Government Code, to read:
54233.1. (a) By June 30, 2001, the Department of Corrections
shall develop a proposal for the transfer of inmates housed in San
Quentin State Prison to alternative sites consistent with the
criteria identified in subdivision (b) of this section.
(b) The Department of Corrections shall consider the following
criteria in developing the inmate transfer proposal:
(1) No property at San Quentin State Prison may continue to be
used to house inmates.
(2) Nothing in the proposal may exacerbate the unsafe working
conditions at overcrowded state facilities. Excluding inmates housed
on death row, no inmate may be transferred to any state run facility
operating at or above 160 percent of design capacity.
(3) Any new capacity deemed necessary to meet the criteria set
forth in this measure must be operated at least 10 percent below the
average state cost of incarceration.