Bill Text: CA SB141 | 2015-2016 | Regular Session | Chaptered
Bill Title: Humboldt Bay Harbor, Recreation, and Conservation
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-09-01 - Chaptered by Secretary of State. Chapter 231, Statutes of 2015. [SB141 Detail]
Download: California-2015-SB141-Chaptered.html
BILL NUMBER: SB 141 CHAPTERED
BILL TEXT
CHAPTER 231
FILED WITH SECRETARY OF STATE SEPTEMBER 1, 2015
APPROVED BY GOVERNOR SEPTEMBER 1, 2015
PASSED THE SENATE AUGUST 20, 2015
PASSED THE ASSEMBLY AUGUST 17, 2015
AMENDED IN ASSEMBLY JUNE 22, 2015
AMENDED IN SENATE MAY 13, 2015
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, 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 without first having provided at least 90 days' written
notice, containing specified information, of the proposed
expenditure to the State Lands Commission. The 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. The bill would also require the district to give the
commission at least 90 days' written notice, containing specified
information, of a proposed disposition of any interest in real
property held in trust by the district.
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 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 who shall be
responsible for receiving and safely keeping all moneys of the
district. 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.
However, no authorization shall be necessary for the payment of
principal and interest on bonds of the district. 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 that report with the board. The treasurer shall
execute a bond covering the faithful performance by him or her of the
duties of the office of the treasurer and his or her duties with
respect to all moneys coming into his or her hands as treasurer in
the treasurer's office, in an amount as shall be fixed by resolution
of 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 shall take and file with the secretary
of the district the oath of office required by the Constitution of
this 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) 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 provided at least 90 days' written notice of the
proposed expenditure to the State Lands Commission. The notice shall
include the total amount of the proposed expenditure from the fund,
the location of the real property, the purpose of the purchase or
acquisition, and an explanation of how the purchase or acquisition is
consistent with the terms of the trust grant. If the State Lands
Commission does not object within 90 days of its receipt of the
notice, the district may proceed with the purchase or acquisition.
(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 the granted lands. The notice shall include
the proposed consideration to be received by the district, the
location of the real property, and the purpose of the disposition.
