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SB-165 Highways: surplus nonresidential property.(2017-2018)

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Date Published: 08/21/2018 04:00 AM
SB165:v98#DOCUMENT

Amended  IN  Assembly  August 20, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 165


Introduced by Senator Portantino

January 19, 2017


An act to amend Section 19613.05 of the Business and Professions Code, relating to horse racing. add and repeal Section 54238.10 of the Government Code, relating to highways.


LEGISLATIVE COUNSEL'S DIGEST


SB 165, as amended, Portantino. Horse racing: national thoroughbred racing marketing program. Highways: surplus nonresidential property.
Existing law authorizes the Department of Transportation to acquire real property for state highway purposes and specifies various procedures to be followed by the department when it determines that real property acquired for state highway purposes is no longer necessary for those purposes.
Existing law declares the intent of the Legislature to preserve, upgrade, and expand the supply of current housing to persons or families of low or moderate income through the sale of specified surplus residential property. Existing law requires an agency of the state disposing of surplus residential property to do so in accordance with specified priorities and procedures, including that priority to purchase be given to tenants that are former owners or are persons or families of low or moderate income. Existing law requires tenants in good standing who legally occupy nonresidential properties to be given priority to purchase the property at fair market value.
Existing law, until January 1, 2020, prohibits the Department of Transportation from increasing the rent of tenants who reside in surplus residential property located within the State Route 710 corridor in the County of Los Angeles and who participate in the Affordable Rent Program administered by the department.
This bill would, until January 1, 2022, also prohibit the Department of Transportation from increasing the rent of a tenant that legally occupies a surplus nonresidential property located within the State Route 710 corridor in the County of Los Angeles and that is a nonprofit organization.

(1)Existing law, the Horse Racing Law, requires, until January 1, 2018, any racing association, including a fair, that conducts thoroughbred racing to pay to the owners’ organization contracting with the association with respect to the conduct of thoroughbred racing an additional 134% of the portion required to be deducted for purses for a national marketing program, as specified. A violation of the Horse Racing Law is a crime.

This bill would extend the operation of those provisions to January 1, 2022.

(2)By extending the operation of requirements under the Horse Racing Law, the violation of which would be a crime, the bill would create new crimes and would thereby impose a state-mandated local program.

(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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


SECTION 1.

 Section 54238.10 is added to the Government Code, to read:

54238.10.
 (a) The Department of Transportation shall not increase the rent of a tenant that rents, leases, or otherwise legally occupies a surplus nonresidential property located within the State Route 710 corridor in the County of Los Angeles and that is a nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code including the Arlington Garden, the Ronald McDonald House, the Cottage Co-op Nursery, the Sequoyah School, the Waverly School and Garden, and the Pasadena Avenue Community Garden.
(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

SECTION 1.Section 19613.05 of the Business and Professions Code is amended to read:
19613.05.

(a)Any association, including a fair, that conducts thoroughbred racing shall pay to the owners’ organization, contracting with the association with respect to the conduct of thoroughbred racing, an additional 134 percent of the portion deducted for purses, required by Section 19613, for a national marketing program. These funds shall be used exclusively for the promotion of thoroughbred racing in conjunction with a national thoroughbred racing marketing program. Funds that may not be needed for this effort shall be returned to the purse pool at the racing associations where these funds were raised in direct proportion to the amount in which they were initially raised. The owners’ organization shall file a report with the board and the respective Senate and Assembly Committees on Governmental Organization, accounting for the receipt and expenditure of these funds on an annual basis. The board of directors of the owners’ organization shall have the discretion to select the national marketing organization that shall be the recipient of these funds. If the board of directors of the owners’ organization decides at any time not to contribute to the national marketing organization, notice shall be given promptly to the respective racing association or associations and the 134 percent deduction shall cease until the owners’ organization decides otherwise.

(b)This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.