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AB-1193 Courts: long-term lease obligations.(2019-2020)

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Date Published: 03/25/2019 09:00 PM

Amended  IN  Assembly  March 25, 2019


Assembly Bill
No. 1193

Introduced by Assembly Member Fong

February 21, 2019

An act to amend Section 1400 of the Elections Code, relating to elections. An act to add Section 70398 to the Government Code, relating to courts.


AB 1193, as amended, Fong. Special election dates. Courts: long-term lease obligations.
Existing law makes the Judicial Council the policymaking body for the judicial branch and requires that body to exercise related responsibilities with respect to court facilities, including full responsibility, jurisdiction, control, and authority as an owner would have over trial court facilities the title of which is held by the state.
This bill would authorize each superior court to incur long-term lease obligations, as defined, for a term of more than 10 years to acquire ownership of property or for the acquisition or improvement of a courthouse or related facilities, and as described.

Existing law requires, with one exception, that special elections be held on established election dates or on the date of a statewide special election.

This bill would make a technical, nonsubstantive change to this provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


 Section 70398 is added to the Government Code, to read:

 (a) For purposes of this section, “long-term lease obligations” means either of the following:
(1) For a term of more than 10 years under which the superior court is the lessee and has the right, by option or otherwise, to acquire ownership of the property leased.
(2) A contract pursuant to which a superior court is obligated to make installment payments for a period of more than 10 years for the acquisition or improvement of a courthouse and related facilities.
(b) Notwithstanding Section 70391, each superior court has the authority to incur long-term lease obligations, either for itself or, to the extent permitted by law, through a joint powers authority formed pursuant to the Joint Exercise of Powers Act, as set forth in Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, of which the superior court may be a party or nonprofit corporation in order to secure construction and acquisition of courthouse and related facilities.
(c) The amount necessary to pay a lease obligation of a superior court occupying space in a facility authorized to be acquired or constructed pursuant to this section is subject to appropriation by the Legislature.

SECTION 1.Section 1400 of the Elections Code is amended to read:

A special election shall be held on one of the established election dates set by this division or on the date of any statewide special election except as provided in Section 1003.