Surplus land: disposal of property: violations: public meeting.
Summary
Existing law prescribes requirements for the disposal of land determined to be surplus land by a local agency. Those requirements include a requirement that a local agency, before disposing of a property or participating in negotiations to dispose of that property with a prospective transferee, send a written notice of availability of the property to specified entities, depending on the property's intended use, and send specified information in regard to the disposal of the parcel of surplus land to the Department of Housing and Community Development. Existing law, among other enforcement provisions, makes a local agency that disposes of land in violation of these disposal provisions, after receiving notification of violation from the department, liable for a penalty of 30% of the final sale price of the land sold in violation for a first violation and 50% for any subsequent violation. Under existing law, except as specified, a local agency has 60 days to cure or correct an alleged violation before an enforcement action may be brought. This bill would require a local agency that is disposing of surplus land and has received a notification of violation from the department to hold an open and public meeting to review and consider the substance of the notice of violation. The bill would require the local agency's governing body to provide prescribed notice no later than the time required by specified provisions. The bill would prohibit the local agency's governing body from taking final action to ratify or approve the proposed disposal of surplus land until a public meeting is held as required. The bill would exempt from its provisions a local agency that ceases to dispose of surplus land after receiving the notice of violation. By imposing new duties on local agencies, the bill would impose a state-mandated local program. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2023
Committee Review
Jul 2023
Senate Passage
May 2023
Assembly Passage
Sep 2023
Signed into Law
Oct 2023
Introduced Jan 23, 2023
Signed Oct 11, 2023
Floor votes · Senate May 22, 2023 · Assembly Sep 11, 2023
How they voted
31–6
Passed · 3 other
Total votes 40
May 22, 2023
D
Democratic31
100% Yea
R
Republican9
66% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
27
Key actions
13
Committee
7
Amendments
6
Oct 11, 2023
Signed into law
Approved by the Governor.
legislature
Sep 12, 2023
Upper · Passed
Assembly amendments concurred in. (Ayes 31. Noes 7. Page 2670.) Ordered to engrossing and enrolling.
upper
Sep 11, 2023
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Sep 11, 2023
Lower · Passed
Read third time. Passed. (Ayes 62. Noes 17. Page 3144.) Ordered to the Senate.
lower
Sep 7, 2023
Lower · Passed
Read third time and amended.
lower
Aug 24, 2023
Lower · Passed
Read second time and amended. Ordered to second reading.
lower
Aug 23, 2023
Lower · Passed
From committee: Do pass as amended. (Ayes 10. Noes 4.) (August 23).
lower
Jul 12, 2023
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (July 12). Re-referred to Com. on APPR.
lower
Jul 12, 2023
Lower · Passed
From committee: Do pass and re-refer to Com. on H. & C.D. (Ayes 6. Noes 2.) (July 12). Re-referred to Com. on H. & C.D.
lower
Jun 27, 2023
Lower · Passed
June 28 hearing postponed by committee.
lower
May 26, 2023
Committee
Referred to Coms. on L. GOV. and H. & C.D.
lower
May 22, 2023
Upper · Passed
Read third time. Passed. (Ayes 31. Noes 6. Page 1206.) Ordered to the Assembly.
upper
May 1, 2023
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
upper
Apr 19, 2023
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 795.) (April 19). Re-referred to Com. on APPR.
upper
Feb 23, 2023
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.
upper
Feb 1, 2023
Committee
Referred to Com. on GOV. & F.
upper
Jan 23, 2023
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Tom Umberg
DDemocratic
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