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SB-403 Sale of county courthouses.(2017-2018)

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Date Published: 09/19/2017 09:00 PM
SB403:v98#DOCUMENT

Enrolled  September 19, 2017
Passed  IN  Senate  May 31, 2017
Passed  IN  Assembly  September 14, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 403


Introduced by Senator Cannella

February 15, 2017


An act to add Section 70396 to the Government Code, relating to court facilities, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 403, Cannella. Sale of county courthouses.
Existing law authorizes the Judicial Council to dispose of surplus court facilities pursuant to a specified process that requires, among other things, the Judicial Council to consult with the county where the court facility is located, offer the facility to the county at a fair market value before offering it to another state or local government agency, and deposit the funds received from a sale into the State Court Facilities Construction Fund. The process further requires the Judicial Council, if the court facility was previously the responsibility of a county, to comply with certain requirements applicable to the sale of surplus state property. Existing law establishes the Immediate and Critical Needs Account within the State Court Facilities Construction Fund. The California Constitution requires the proceeds from the sale of surplus state property to be deposited into the Special Fund for Economic Uncertainties, a continuously appropriated fund.
This bill would, notwithstanding any other law, specifically authorize the Judicial Council to sell the Chico, Corning, Clovis, Firebaugh, Reedley, Avenal, and Corcoran superior courthouses, as specified, if the sale complies with certain requirements applicable to the disposal of court facilities and the Judicial Council consults with, and first offers the right to purchase the property to, the county in which the property is located. The bill would require the net proceeds from the sale of the courthouses to be deposited into the Immediate and Critical Needs Account of the State Court Facilities Construction Fund. The bill would state that the disposition of this property is not a sale or other disposition of surplus state property within the meaning of the California Constitution.
The bill would make legislative findings in support of its provisions.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 It is the intent of the Legislature in enacting this act to specifically authorize the Judicial Council to sell the properties known as the Chico Courthouse, the Corning Courthouse, the Clovis Courthouse, the Firebaugh Courthouse, the Reedley Courthouse, the Avenal Courthouse, and the Corcoran Courthouse, each a closed court facility that is unsuitable for the needs of the judicial branch, with certain participation by counties in which the courthouses are located, and transfer those sale proceeds to the Judicial Council’s Immediate and Critical Needs Account in the State Court Facilities Construction Fund.

SEC. 2.

 Section 70396 is added to the Government Code, to read:

70396.
 (a) Notwithstanding any other law, the Judicial Council may sell the property, at fair market value and upon the terms and conditions and subject to the reservations the Judicial Council deems in the best interests of the state, if all of the following requirements are satisfied:
(1) The sale complies with Section 70391 of the Government Code, as applicable.
(2) The Judicial Council consults with the county where the property is located concerning the sale of the property.
(3) The Judicial Council offers the county in which the property is located the right to purchase the property at fair market value before otherwise offering the property for sale.
(b) Notwithstanding any other law, the net proceeds from the sale of the property shall be deposited into the Immediate and Critical Needs Account of the State Court Facilities Construction Fund, established by Section 70371.5 of the Government Code.
(c) For purposes of this act, “property” means each of the following:
(1) The Chico Courthouse located at 655 Oleander Avenue in the City of Chico, County of Butte, Assessor Parcel Number 003-180-004.
(2) The Corning Courthouse located at 720 Hoag Street in the City of Corning, County of Tehama, Assessor Parcel Number 071-121-01-1.
(3) The Clovis Courthouse located at 1011 Fifth Street in the City of Clovis, County of Fresno, Assessor Parcel Number 492-040-13T.
(4) The Firebaugh Courthouse located at 1325 O Street in the City of Firebaugh, County of Fresno, Assessor Parcel Numbers 008-131-08T and 008-130-09T.
(5) The Reedley Courthouse located at 815 G Street in the City of Reedley, County of Fresno, Assessor Parcel Number 368-010-06T.
(6) The Avenal Courthouse located at 501 East Kings Street in the City of Avenal, County of Kings, Assessor Parcel Numbers 040-165-007, 040-165-011, and 040-165-012.
(7) The Corcoran Courthouse located at 1000 Chittenden Avenue in the City of Corcoran, County of Kings, Assessor Parcel Number 030-213-008.
(d) The disposition of the property authorized in this section does not constitute a sale or other disposition of surplus state property within the meaning of Section 9 of Article III of the California Constitution and shall not be subject to subdivision (g) of Section 11011 of the Government Code.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To enable the sale of each property to occur as soon as possible, it is necessary that this act take effect immediately.