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AB-1998 County surplus property.(2011-2012)

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AB1998:v94#DOCUMENT

Assembly Bill No. 1998
CHAPTER 245

An act to amend Section 25372 of the Government Code, relating to local government.

[ Approved by Governor  September 07, 2012. Filed with Secretary of State  September 07, 2012. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1998, Achadjian. County surplus property.
Existing law authorizes the board of supervisors of a county to donate or lease any real or personal property that the board declares to be surplus to a school or community college district, a county children and families commission, or an organization exempt from taxation pursuant to specified provisions of federal law.
This bill would additionally authorize the board of supervisors to authorize the county welfare department to donate surplus computer equipment directly to persons receiving public benefits under the CalFresh, CalWORKS, County Relief, General Relief, or General Assistance, or MediCal programs, as specified. The bill would require a county welfare department authorized to donate surplus computer equipment to, among other things, maintain an eligibility list for receipt of surplus computer equipment and establish a fair and impartial selection process by using a random lottery. The bill would prohibit a county welfare department from donating surplus computer equipment to any person receiving public benefits who is in sanction status or otherwise noncompliant with the rules and regulations of his or her benefits program.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 25372 of the Government Code is amended to read:

25372.
 (a) Except as restricted by any conditions by which the county acquired the property, the board of supervisors may donate or lease any real or personal property that the board declares to be surplus to any public agency or organization exempt from taxation listed in subdivision (b). The board may impose on the donation or lease any terms and conditions that it determines to be appropriate.
(b) This section applies to all of the following:
(1) An organization exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code that is organized for the care, teaching, or training of children or developmentally disabled children.
(2) An organization exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code that is organized for the care, teaching, or training of Native Americans.
(3) A school district or community college district.
(4) A county children and families commission established pursuant to the California Children and Families Act of 1998 (Division 108 (commencing with Section 130100) of the Health and Safety Code).
(5) An organization exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code that is organized to provide health or human services.
(c) (1) Notwithstanding subdivisions (a) and (b), the board of supervisors may authorize the county welfare department to donate surplus computer equipment directly to persons receiving public benefits under one or more of the following programs:
(A) CalFresh (Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code).
(B) California Work Opportunity and Responsibility to Kids Act (CalWORKs) (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code).
(C) County Relief, General Relief, or General Assistance (Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code).
(D) Medi-Cal (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code).
(2) The board shall make findings and declarations relating to the public purpose served by the donation, and shall develop terms and conditions to govern any donations made pursuant to this subdivision.
(3) A county welfare department authorized to donate surplus computer equipment pursuant to this subdivision shall do all of the following:
(A) Maintain a list of all eligible persons receiving public benefits who have requested to receive surplus computer equipment. A person receiving public benefits pursuant to this subdivision may request to have his or her name placed on the list to receive surplus computer equipment.
(B) Establish a fair and impartial selection process by using a random lottery.
(C) Follow any rules and regulations adopted by the board.
(D) Require the recipient of any surplus computer equipment to sign an agreement that prohibits the recipient from selling the equipment.
(4) A county welfare department shall not donate surplus computer equipment to a person receiving public benefits who is in sanction status or otherwise noncompliant with the rules and regulations of his or her benefits program.