California Assembly Bill AB946 Amended / Bill

 BILL NUMBER: AB 946AMENDED BILL TEXT AMENDED IN SENATE AUGUST 24, 2011 AMENDED IN SENATE AUGUST 16, 2011 AMENDED IN SENATE JULY 12, 2011 INTRODUCED BY Assembly  Member   Butler   Members   Bonnie Lowenthal   and Butler   (  Principal coauthor:   Assembly Member   Smyth   )   (   Coauthor:   Assembly Member   Mitchell   )  FEBRUARY 18, 2011  An act to amend Section 95.31 of the Revenue and Taxation Code, relating to local government finance, and declaring the urgency thereof, to take effect immediately.   An act to add Chapter 3.3 (commencing with Section 4218) to Division 5 of Title 1 of the Government Code, relating to public contracts, and declaring the urgency thereof, to   take effect immediately.  LEGISLATIVE COUNSEL'S DIGEST AB 946, as amended,  Butler   Bonnie Lowenthal  .  Property tax administration: loan program.   Public contracts: Los Angeles County: regional interoperable communications system.   Under the State Contract Act, the erection, construction, alteration, repair, or improvement of any state structure, building, road, or other state improvement of any kind that will exceed a specified amount, is accomplished by awarding a contract to the lowest responsible bidder. Similar provisions exist for local agency contract projects.   This bill would authorize the County of Los Angeles or the Los Angeles Regional Interoperable Communication System Authority to solicit proposals and enter into agreements with private entities for the delivery of a regional interoperable communications system and all related infrastructure to be used by public safety agencies and emergency responders located in the County of Los Angeles, as specified.   This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.   This bill would declare that it is to take effect immediately as an urgency statute.   Existing property tax law authorized an eligible county, as defined, upon the recommendation of the assessor and by resolution of its board of supervisors, to elect to participate in the State-County Property Tax Administration Loan Program, pursuant to which a participating county received, in specified fiscal years, a loan from the state, as specified, for the purposes of providing supplemental funding for that county's local administration of the ad valorem property tax.   This bill would reauthorize the State-County Property Tax Administration Loan Program to allow counties to elect to participate in the program to receive a loan in each fiscal year from the 2011-12 fiscal year to the 2015-16 fiscal year, inclusive. This bill would also require the California Assessors' Association to report to the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget regarding participating counties, as specified.   The California Constitution requires the state to apply a minimum amount of funding each fiscal year for the support of school districts and community college districts. The amount of that minimum funding obligation is required to be determined pursuant to one of three tests, depending on specified factors.   This bill would require that the repayment of loans made pursuant to the State-County Property Tax Administration Loan Program be made in the next fiscal year in which school districts and community college districts receive funding pursuant to either the 2nd or 3rd of these tests. The bill would require that, for years in which school districts and community college districts receive funding pursuant to the first test, the amount of the loan be carried over to, and repaid in, the next fiscal year in which school districts and community college districts receive funding pursuant to either the 2nd or 3rd of these tests.   This bill would declare that it is to take effect immediately as an urgency statute.  Vote: 2/3. Appropriation: no. Fiscal committee:  yes   no  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Chapter 3.3 (commencing with Section 4218) is added to Division 5 of Title 1 of the   Government Code   , to read:   CHAPTER 3.3. REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM IN LOS ANGELES COUNTY 4218. Notwithstanding Chapter 10 (commencing with Section 4525) of Division 5 of this code, or Part 3 (commencing with Section 20100) of Division 2 of the Public Contract Code, the County of Los Angeles or the Los Angeles Regional Interoperable Communication System Authority may solicit proposals and enter into agreements with private entities for the delivery of a regional interoperable communications system and all related infrastructure to be used by public safety agencies and emergency responders located in the County of Los Angeles, including, but not limited to, the studying, planning, design, developing, and financing of the system, the delivery and installation of equipment, the architectural and engineering design of the improvements to real property, the construction of the improvements to real property, and the maintenance, rebuilding, repair, or operation, or any combination thereof, pertaining to that regional interoperable communications system. The solicitation process shall ensure that the contractor is selected in compliance with a "procurement by competitive proposals" process as described in Section 24.36(d)(e) of Part 24 of Title 15 of the Code of Federal Regulations.   SEC. 2.   The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique requirements for a regional interoperable communications system in the County of Los Angeles.   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 Constitution and shall go into immediate effect. The facts constituting the necessity are:   In order to allow the County of Los Angeles and the Los Angeles Regional Interoperable Communication System Authority to contract for a regional interoperable communications system as soon as possible, it is necessary that this act take effect immediately.  All matter omitted in this version of the bill appears in the bill as amended in the Senate, August 16, 2011. (JR11)