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1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 461Introduced by Senator PadillaFebruary 19, 2025 An act to add Section 11011.32 to the Government Code, relating to state property. LEGISLATIVE COUNSEL'S DIGESTSB 461, as introduced, Padilla. State surplus property: City of Imperial.Existing law requires a state agency to review all proprietary state lands under its jurisdiction, as specified, to determine what land is in excess of its needs, and to report on these lands to the Department of General Services. Existing law prescribes a process for the disposition of surplus state property.This bill would, notwithstanding those provisions, require the Director of General Services to quitclaim to the City of Imperial, at no cost to the city, all interests of the state in the excess state property known as the California Highway Patrol El Centro Area office located at 2331 U.S. Highway 86, Imperial, in the County of Imperial. The bill would require the city to use the property as a police station for the Imperial Police Department.This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Imperial.This bill would make legislative findings and declarations related to a gift of public funds.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11011.32 is added to the Government Code, to read:11011.32. Notwithstanding Section 11011.1, the Director of General Services shall quitclaim to the City of Imperial, at no cost to the city, all interests of the state in the excess state property known as the California Highway Patrol El Centro Area office located at 2331 U.S. Highway 86, Imperial, in the County of Imperial. The property shall be used by the city as a police station for the Imperial Police Department.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the City of Imperial due to the city not currently having a police department building, the use of the existing building and property being consistent with its new intended use, and the states commitment to maintaining the propertys law enforcement purpose.SEC. 3. The Legislature finds and declares that the addition of Section 11011.32 to the Government Code by this act serves a public purpose of providing necessary law enforcement facilities to the City of Imperial to ensure public safety and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution. | |
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3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 461Introduced by Senator PadillaFebruary 19, 2025 An act to add Section 11011.32 to the Government Code, relating to state property. LEGISLATIVE COUNSEL'S DIGESTSB 461, as introduced, Padilla. State surplus property: City of Imperial.Existing law requires a state agency to review all proprietary state lands under its jurisdiction, as specified, to determine what land is in excess of its needs, and to report on these lands to the Department of General Services. Existing law prescribes a process for the disposition of surplus state property.This bill would, notwithstanding those provisions, require the Director of General Services to quitclaim to the City of Imperial, at no cost to the city, all interests of the state in the excess state property known as the California Highway Patrol El Centro Area office located at 2331 U.S. Highway 86, Imperial, in the County of Imperial. The bill would require the city to use the property as a police station for the Imperial Police Department.This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Imperial.This bill would make legislative findings and declarations related to a gift of public funds.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
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5 | - | Amended IN Senate March 24, 2025 | |
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7 | - | Amended IN Senate March 24, 2025 | |
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9 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
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11 | 11 | Senate Bill | |
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13 | 13 | No. 461 | |
14 | 14 | ||
15 | 15 | Introduced by Senator PadillaFebruary 19, 2025 | |
16 | 16 | ||
17 | 17 | Introduced by Senator Padilla | |
18 | 18 | February 19, 2025 | |
19 | 19 | ||
20 | - | An act | |
20 | + | An act to add Section 11011.32 to the Government Code, relating to state property. | |
21 | 21 | ||
22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
23 | 23 | ||
24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
25 | 25 | ||
26 | - | SB 461, as | |
26 | + | SB 461, as introduced, Padilla. State surplus property: City of Imperial. | |
27 | 27 | ||
28 | - | Existing law requires a state agency to review all proprietary state lands under its jurisdiction, as specified, to determine what land is in excess of its needs, and to report on these lands to the Department of General Services. Existing law prescribes a process for the disposition of surplus state property.This bill would, notwithstanding those provisions, require | |
28 | + | Existing law requires a state agency to review all proprietary state lands under its jurisdiction, as specified, to determine what land is in excess of its needs, and to report on these lands to the Department of General Services. Existing law prescribes a process for the disposition of surplus state property.This bill would, notwithstanding those provisions, require the Director of General Services to quitclaim to the City of Imperial, at no cost to the city, all interests of the state in the excess state property known as the California Highway Patrol El Centro Area office located at 2331 U.S. Highway 86, Imperial, in the County of Imperial. The bill would require the city to use the property as a police station for the Imperial Police Department.This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Imperial.This bill would make legislative findings and declarations related to a gift of public funds. | |
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30 | 30 | Existing law requires a state agency to review all proprietary state lands under its jurisdiction, as specified, to determine what land is in excess of its needs, and to report on these lands to the Department of General Services. Existing law prescribes a process for the disposition of surplus state property. | |
31 | 31 | ||
32 | - | This bill would, notwithstanding those provisions, require authorize the Director of General Services to quitclaim sell or lease to the City of Imperial, at no cost to the city, all interests of the state in the excess state at fair market value and upon those terms and conditions the director determines are in the best interest of the state, all or any part of the property known as the California Highway Patrol El Centro Area office located at 2331 U.S. Highway 86, Imperial, in the County of Imperial. The bill would require the city to use the property as a police station for the Imperial Police Department. authorize the director, notwithstanding the above provision, to permit a sale or lease price at less than fair market value if the director determines that the discount will enhance public safety and facilitate the state in addressing historic pollution at the property, as provided. To the extent the property involves specified bonds, the bill would require the proceeds of the sale or lease to be expended on bond payments, as specified, and other costs, including costs for the review of the sale or lease of the property and bond counsel. The bill would exempt the sale or lease of the property from the California Environmental Quality Act. | |
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34 | - | The California Constitution requires that the proceeds from the sale of surplus state property be used to pay the principal and interest on bonds issued pursuant to the Economic Recovery Bond Act, until the principal and interest on those bonds are paid in full, the final payment of which was made in the 201516 fiscal year, after which these proceeds are required to be deposited into the Special Fund for Economic Uncertainties. Under existing law, moneys in the fund are continuously appropriated for specified purposes, except as provided. | |
35 | - | ||
36 | - | This bill would specify that moneys in the fund attributable to the sale of the above-described property are not continuously appropriated and are available for expenditure only upon appropriation by the Legislature. | |
32 | + | This bill would, notwithstanding those provisions, require the Director of General Services to quitclaim to the City of Imperial, at no cost to the city, all interests of the state in the excess state property known as the California Highway Patrol El Centro Area office located at 2331 U.S. Highway 86, Imperial, in the County of Imperial. The bill would require the city to use the property as a police station for the Imperial Police Department. | |
37 | 33 | ||
38 | 34 | This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Imperial. | |
39 | 35 | ||
40 | 36 | This bill would make legislative findings and declarations related to a gift of public funds. | |
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42 | - | ||
43 | - | ||
44 | 38 | ## Digest Key | |
45 | 39 | ||
46 | 40 | ## Bill Text | |
47 | 41 | ||
48 | - | The people of the State of California do enact as follows:SECTION 1. Section 11011.32 is added to the Government Code, to read:11011.32. | |
42 | + | The people of the State of California do enact as follows:SECTION 1. Section 11011.32 is added to the Government Code, to read:11011.32. Notwithstanding Section 11011.1, the Director of General Services shall quitclaim to the City of Imperial, at no cost to the city, all interests of the state in the excess state property known as the California Highway Patrol El Centro Area office located at 2331 U.S. Highway 86, Imperial, in the County of Imperial. The property shall be used by the city as a police station for the Imperial Police Department.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the City of Imperial due to the city not currently having a police department building, the use of the existing building and property being consistent with its new intended use, and the states commitment to maintaining the propertys law enforcement purpose.SEC. 3. The Legislature finds and declares that the addition of Section 11011.32 to the Government Code by this act serves a public purpose of providing necessary law enforcement facilities to the City of Imperial to ensure public safety and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution. | |
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50 | 44 | The people of the State of California do enact as follows: | |
51 | 45 | ||
52 | 46 | ## The people of the State of California do enact as follows: | |
53 | 47 | ||
54 | - | SECTION 1. Section 11011.32 is added to the Government Code, to read:11011.32. | |
48 | + | SECTION 1. Section 11011.32 is added to the Government Code, to read:11011.32. Notwithstanding Section 11011.1, the Director of General Services shall quitclaim to the City of Imperial, at no cost to the city, all interests of the state in the excess state property known as the California Highway Patrol El Centro Area office located at 2331 U.S. Highway 86, Imperial, in the County of Imperial. The property shall be used by the city as a police station for the Imperial Police Department. | |
55 | 49 | ||
56 | 50 | SECTION 1. Section 11011.32 is added to the Government Code, to read: | |
57 | 51 | ||
58 | 52 | ### SECTION 1. | |
59 | 53 | ||
60 | - | 11011.32. | |
54 | + | 11011.32. Notwithstanding Section 11011.1, the Director of General Services shall quitclaim to the City of Imperial, at no cost to the city, all interests of the state in the excess state property known as the California Highway Patrol El Centro Area office located at 2331 U.S. Highway 86, Imperial, in the County of Imperial. The property shall be used by the city as a police station for the Imperial Police Department. | |
61 | 55 | ||
62 | - | 11011.32. | |
56 | + | 11011.32. Notwithstanding Section 11011.1, the Director of General Services shall quitclaim to the City of Imperial, at no cost to the city, all interests of the state in the excess state property known as the California Highway Patrol El Centro Area office located at 2331 U.S. Highway 86, Imperial, in the County of Imperial. The property shall be used by the city as a police station for the Imperial Police Department. | |
63 | 57 | ||
64 | - | 11011.32. | |
58 | + | 11011.32. Notwithstanding Section 11011.1, the Director of General Services shall quitclaim to the City of Imperial, at no cost to the city, all interests of the state in the excess state property known as the California Highway Patrol El Centro Area office located at 2331 U.S. Highway 86, Imperial, in the County of Imperial. The property shall be used by the city as a police station for the Imperial Police Department. | |
65 | 59 | ||
66 | 60 | ||
67 | 61 | ||
68 | - | 11011.32. | |
62 | + | 11011.32. Notwithstanding Section 11011.1, the Director of General Services shall quitclaim to the City of Imperial, at no cost to the city, all interests of the state in the excess state property known as the California Highway Patrol El Centro Area office located at 2331 U.S. Highway 86, Imperial, in the County of Imperial. The property shall be used by the city as a police station for the Imperial Police Department. | |
69 | 63 | ||
70 | - | ||
64 | + | SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the City of Imperial due to the city not currently having a police department building, the use of the existing building and property being consistent with its new intended use, and the states commitment to maintaining the propertys law enforcement purpose. | |
71 | 65 | ||
72 | - | ||
66 | + | SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the City of Imperial due to the city not currently having a police department building, the use of the existing building and property being consistent with its new intended use, and the states commitment to maintaining the propertys law enforcement purpose. | |
73 | 67 | ||
74 | - | (d) Any sale or lease of the property to the City of Imperial pursuant to this section is exempt from Division 13 (commencing with Section 21000) of the Public Resources Code. | |
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76 | - | (e) Net proceeds of the sale or lease shall be deposited pursuant to subdivision (g) of Section 11011. | |
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78 | - | SEC. 2. Section 16418 of the Government Code is amended to read:16418. (a) The Special Fund for Economic Uncertainties is hereby created in the State Treasury and is continuously appropriated for the purposes of this section. The contingency reserve for economic uncertainties established within the General Fund by Section 12.3 of the Budget Act of 1980 is hereby discontinued, and any balance in that reserve shall be transferred to the Special Fund for Economic Uncertainties. This special fund represents a reserve fund within the meaning of Section 5 of Article XIIIB of the California Constitution. Notwithstanding Sections 16310 and 16314, the Controller may transfer as necessary from the Special Fund for Economic Uncertainties or from the special accounts in the General Fund to the General Fund amounts that are needed to meet cash needs of the General Fund. The Controller shall return all of the moneys so transferred without payment of interest as soon as there are sufficient moneys in the General Fund.(b) The Controller shall transfer from the Special Fund for Economic Uncertainties to the unappropriated balance of the General Fund an amount necessary to eliminate any General Fund deficit as of the end of each fiscal year, commencing as of June 30, 1985. The amount of transfer for each fiscal year shall be determined on the basis of the State of California Preliminary Annual ReportAccrual Basis, for that fiscal year. Any subsequent adjustments shall be determined jointly by the Controller and the Director of Finance.(c) Notwithstanding Section 13340, moneys in the Special Fund for Economic Uncertainties are hereby continuously appropriated without regard to fiscal years to the Director of Finance for the purpose of allocating funds for disaster relief pursuant to Chapter 5 (commencing with Section 194) and Chapter 6 (commencing with Section 197) of Part 1 of Division 1 of the Revenue and Taxation Code. However, any allocation made by the director pursuant to this subdivision shall not be made sooner than 30 days after notification in writing of the necessity therefor is provided to the Joint Legislative Budget Committee.(d) For budgeting and accounting purposes, any appropriations heretofore or hereafter made specifically from the Special Fund for Economic Uncertainties, other than appropriations contained in this section, shall be deemed an appropriation from the General Fund. For year-end reporting purposes, the Controller shall add the balance in the Special Fund for Economic Uncertainties to the balance in the General Fund so as to show the total moneys then available for General Fund purposes.(e) (1) Notwithstanding Section 13340, there is hereby appropriated from the General Fund, without regard to fiscal years, for transfer by the Controller to the Special Fund for Economic Uncertainties as of the end of each fiscal year the unencumbered balance in the General Fund.(2) If, at the end of any fiscal year in which it has been determined that there are revenues in excess of the amount that may be appropriated, as defined in subdivision (a) of Section 2 of Article XIIIB of the California Constitution, the transfer pursuant to paragraph (1) shall be reduced by the amount of these excess revenues. The estimates of the transfer shall be made jointly by the Department of Finance and the Legislative Analysts Office.(f) Notwithstanding the provisions of this section, moneys in the Special Fund for Economic Uncertainties that is are attributable to the sale of the property pursuant to Section 11011.30 or 11011.32 shall not be continuously appropriated and shall be available for expenditure only upon appropriation by the Legislature. | |
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80 | - | SEC. 2. Section 16418 of the Government Code is amended to read: | |
68 | + | SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the City of Imperial due to the city not currently having a police department building, the use of the existing building and property being consistent with its new intended use, and the states commitment to maintaining the propertys law enforcement purpose. | |
81 | 69 | ||
82 | 70 | ### SEC. 2. | |
83 | 71 | ||
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72 | + | SEC. 3. The Legislature finds and declares that the addition of Section 11011.32 to the Government Code by this act serves a public purpose of providing necessary law enforcement facilities to the City of Imperial to ensure public safety and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution. | |
85 | 73 | ||
86 | - | ||
74 | + | SEC. 3. The Legislature finds and declares that the addition of Section 11011.32 to the Government Code by this act serves a public purpose of providing necessary law enforcement facilities to the City of Imperial to ensure public safety and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution. | |
87 | 75 | ||
88 | - | ||
76 | + | SEC. 3. The Legislature finds and declares that the addition of Section 11011.32 to the Government Code by this act serves a public purpose of providing necessary law enforcement facilities to the City of Imperial to ensure public safety and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution. | |
89 | 77 | ||
90 | - | ||
91 | - | ||
92 | - | 16418. (a) The Special Fund for Economic Uncertainties is hereby created in the State Treasury and is continuously appropriated for the purposes of this section. The contingency reserve for economic uncertainties established within the General Fund by Section 12.3 of the Budget Act of 1980 is hereby discontinued, and any balance in that reserve shall be transferred to the Special Fund for Economic Uncertainties. This special fund represents a reserve fund within the meaning of Section 5 of Article XIIIB of the California Constitution. Notwithstanding Sections 16310 and 16314, the Controller may transfer as necessary from the Special Fund for Economic Uncertainties or from the special accounts in the General Fund to the General Fund amounts that are needed to meet cash needs of the General Fund. The Controller shall return all of the moneys so transferred without payment of interest as soon as there are sufficient moneys in the General Fund. | |
93 | - | ||
94 | - | (b) The Controller shall transfer from the Special Fund for Economic Uncertainties to the unappropriated balance of the General Fund an amount necessary to eliminate any General Fund deficit as of the end of each fiscal year, commencing as of June 30, 1985. The amount of transfer for each fiscal year shall be determined on the basis of the State of California Preliminary Annual ReportAccrual Basis, for that fiscal year. Any subsequent adjustments shall be determined jointly by the Controller and the Director of Finance. | |
95 | - | ||
96 | - | (c) Notwithstanding Section 13340, moneys in the Special Fund for Economic Uncertainties are hereby continuously appropriated without regard to fiscal years to the Director of Finance for the purpose of allocating funds for disaster relief pursuant to Chapter 5 (commencing with Section 194) and Chapter 6 (commencing with Section 197) of Part 1 of Division 1 of the Revenue and Taxation Code. However, any allocation made by the director pursuant to this subdivision shall not be made sooner than 30 days after notification in writing of the necessity therefor is provided to the Joint Legislative Budget Committee. | |
97 | - | ||
98 | - | (d) For budgeting and accounting purposes, any appropriations heretofore or hereafter made specifically from the Special Fund for Economic Uncertainties, other than appropriations contained in this section, shall be deemed an appropriation from the General Fund. For year-end reporting purposes, the Controller shall add the balance in the Special Fund for Economic Uncertainties to the balance in the General Fund so as to show the total moneys then available for General Fund purposes. | |
99 | - | ||
100 | - | (e) (1) Notwithstanding Section 13340, there is hereby appropriated from the General Fund, without regard to fiscal years, for transfer by the Controller to the Special Fund for Economic Uncertainties as of the end of each fiscal year the unencumbered balance in the General Fund. | |
101 | - | ||
102 | - | (2) If, at the end of any fiscal year in which it has been determined that there are revenues in excess of the amount that may be appropriated, as defined in subdivision (a) of Section 2 of Article XIIIB of the California Constitution, the transfer pursuant to paragraph (1) shall be reduced by the amount of these excess revenues. The estimates of the transfer shall be made jointly by the Department of Finance and the Legislative Analysts Office. | |
103 | - | ||
104 | - | (f) Notwithstanding the provisions of this section, moneys in the Special Fund for Economic Uncertainties that is are attributable to the sale of the property pursuant to Section 11011.30 or 11011.32 shall not be continuously appropriated and shall be available for expenditure only upon appropriation by the Legislature. | |
105 | - | ||
106 | - | SEC. 2.SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the City of Imperial due to the city not currently having a police department building, the use of the existing building and property being consistent with its new intended use, and the states commitment to maintaining the propertys law enforcement purpose. | |
107 | - | ||
108 | - | SEC. 2.SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the City of Imperial due to the city not currently having a police department building, the use of the existing building and property being consistent with its new intended use, and the states commitment to maintaining the propertys law enforcement purpose. | |
109 | - | ||
110 | - | SEC. 2.SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the City of Imperial due to the city not currently having a police department building, the use of the existing building and property being consistent with its new intended use, and the states commitment to maintaining the propertys law enforcement purpose. | |
111 | - | ||
112 | - | ### SEC. 2.SEC. 3. | |
113 | - | ||
114 | - | ||
115 | - | ||
116 | - | The Legislature finds and declares that the addition of Section 11011.32 to the Government Code by this act serves a public purpose of providing necessary law enforcement facilities to the City of Imperial to ensure public safety and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution. | |
78 | + | ### SEC. 3. |