Bill Text: CA AB959 | 2023-2024 | Regular Session | Introduced


Bill Title: Courts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2023-09-01 - In committee: Held under submission. [AB959 Detail]

Download: California-2023-AB959-Introduced.html


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 959


Introduced by Assembly Member McCarty

February 14, 2023


An act to add Section 70397.5 to the Government Code, relating to court facilities, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 959, as introduced, McCarty. Courts.
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 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 various properties, including, among others, the Gordon D. Schaber Sacramento County Courthouse, if the sale complies with certain requirements. The bill would require the net proceeds from the sale of the courthouse to be deposited into 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.
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.

 Section 70397.5 is added to the Government Code, to read:

70397.5.
 (a) Notwithstanding any other law, the Judicial Council may sell the property, in a fair market value transaction 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, as applicable.
(2) The Judicial Council consults with the county in which 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 in a fair market value transaction 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 State Court Facilities Construction Fund, established by Section 70371.
(c) For purposes of this section, “property” means each of the following:
(1) The Plumas/Sierra Regional Courthouse located at 600 South Gulling Street, City of Portola, County of Plumas, Assessor Parcel Number 126-050-046.
(2) The Gordon D. Schaber Sacramento County Courthouse located at 720 Ninth Street, City of Sacramento, County of Sacramento, Assessor Parcel Number 002-0145-026.
(3) The Modesto Main Courthouse located at 800 11th Street, and the Hall of Records, located at 1100 I Street, City of Modesto, County of Stanislaus, collectively a portion of Assessor Parcel Number 105-025-001.
(4) The Ceres Superior Court located at 2744 Second Street, City of Ceres, County of Stanislaus, Assessor Parcel Number 127-016-014.
(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 is not subject to subdivision (g) of Section 11011.

SEC. 2.

 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 the property to occur as soon as possible, it is necessary that this act take effect immediately.
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