Bill Text: CA AB1740 | 2015-2016 | Regular Session | Amended
Bill Title: California Law Fellowship Program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB1740 Detail]
Download: California-2015-AB1740-Amended.html
BILL NUMBER: AB 1740 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Alejo
FEBRUARY 1, 2016
An act to amend Section 8169 of add
Section 8924.7 to, and to add Chapter 1.5 (commencing with Section
8050) to Division 1 of Title 2 of, the Government Code,
relating to state property. government.
LEGISLATIVE COUNSEL'S DIGEST
AB 1740, as amended, Alejo. State property: Capitol Area
Plan. California Law Fellowship Program.
Existing law authorizes certain internship and fellowship programs
in state government.
This bill would establish the California Law Fellowship Program
for the purpose of offering licensed attorneys and other qualifying
law school graduates limited-term placements in public sector
positions within state government as California Law Fellows, and
encouraging each participant fellow to seek permanent public-sector
employment at the conclusion of his or her fellowship, as specified.
Existing law, commonly known as the Code of Ethics, prohibits a
Member of the Legislature or an employee of either house of the
Legislature from receiving or agreeing to receive, directly or
indirectly, any compensation, reward, or gift from any source except
the State of California for any service, advice, assistance, or other
matter related to the legislative process, except for specified
circumstances.
This bill would provide that the services of a participant in the
California Law Fellowship Program Fellow are not compensation, a
reward, or a gift to a Member of the Legislature for purposes of the
so-called Code of Ethics. The bill would also provide that a
participant in the program is not an employee of either house of the
Legislature for purposes of the Code of Ethics.
Existing law designates the Capitol Area Plan approved by the
Director of General Services as the official state master plan for
development in the City of Sacramento's central city area. Existing
law requires the plan to be used as a guide for the location of state
buildings and other facilities in the metropolitan area. Existing
law governs the lease or sale of real property covered by the plan
that is owned by the state and not under the jurisdiction of any
other state agency.
This bill would make nonsubstantive changes to those lease and
sale provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) California has the eighth largest economy in the world, and
its laws have a far-reaching impact on individuals, entities, and
organizations within the state and throughout the world.
(b) Because of its extraordinary economic impact and leadership on
timely issues, California's statutory framework and legal structures
have a national and global impact.
(c) Rapid technological and societal advances require the
development of public policy in new and evolving areas.
(d) State government officials must make informed policy decisions
about issues that have increasingly complex and interrelated legal
components.
(e) California is home to some of the world's most prestigious
universities and law schools.
(f) California is currently facing one of the largest surpluses of
recent law school graduates in the nation, and the unique education
and training of these skilled graduates could greatly assist the
state government in its work.
(g) Only approximately 5 percent of attorneys nationwide work for
state governments, meaning that the nation's state governments derive
insufficient benefit from those attorneys' legal training and
expertise.
(h) Approximately 36 percent of attorneys working for the State of
California are 55 years of age or older; therefore, California must
encourage attorneys to enter public service to fill vacancies as
those attorneys retire.
(i) The establishment of a law fellowship program in California
will enable the state to capitalize on the experience of its law
school graduates for the betterment of its government.
SEC. 2. Chapter 1.5 (commencing with Section 8050)
is added to Division 1 of Title 2 of the Government Code
, to read:
CHAPTER 1.5. CALIFORNIA LAW FELLOWSHIP PROGRAM
8050. (a) The California Law Fellowship Program is hereby
established.
(b) The purpose of the program is to offer licensed attorneys and
other qualifying law school graduates limited-term placements in
public sector positions within state government.
(c) The program shall provide each California Law Fellow with the
opportunity to work in the public sector and shall encourage each
participant to seek permanent public-sector employment at the
conclusion of the fellowship.
(d) The Legislature requests that The University of the Pacific
McGeorge School of Law, in consultation with California law schools
accredited by the American Bar Association, and with any other
appropriate person or entity, do all of the following with respect to
the California Law Fellowship Program:
(1) Create the program to provide law graduates a post-graduate
educational experience and provide the Legislature and other
governmental entities with legal assistance and advice.
(2) House and administer the program, including managing funding
and processing applications.
(3) Give preference to applicants who are either of the following:
(A) Current members of the United States military.
(B) Former members of the United States military who were
honorably discharged.
(e) A California Law Fellow's placement with a state agency shall
be contingent on that agency's acceptance of the fellow, according to
criteria adopted by the participating state agency for purposes of
the program.
(f) (1) It is the intent of the Legislature that participation in
the program by an attorney or other qualifying law school graduate,
by a state agency, or by a public official within a state agency
shall not constitute a gift of public money or thing of value for
purposes of Section 6 of Article XVI of the California Constitution,
a gift for purposes of the Political Reform Act of 1974 (Title 9
(commencing with Section 81000)), or a gift, bequest, or favor for
purposes of the Code of Judicial Ethics adopted pursuant to
subdivision (m) of Section 18 of Article VI of the California
Constitution.
(2) To the extent feasible, the program shall be designed and
administered to accomplish the Legislature's intent as specified in
this subdivision.
(g) State funds shall not be used to administer the program.
(h) For purposes of this section:
(1) "California Law Fellow" means a participant in the program.
(2) "Program" means the California Law Fellowship Program.
(3) "Qualifying law school graduate" means a recipient of a law
degree from a law school accredited by the American Bar Association.
8924.7. (a) The Legislature finds and declares that the
California Law Fellowship Program, established pursuant to Chapter
1.5 (commencing with Section 8050) of Division 1, establishes a
formal fellowship program that provides substantial public benefits
to the Legislature as a participating state agency.
(b) The services of a participant in the California Law Fellowship
Program California Law Fellow , whose placement with the Legislature
is accepted duly authorized by the Senate Committee on Rules, the
Assembly Committee on Rules, or the Joint Committee on Rules, as
appropriate, are not compensation, a reward, or a gift to a Member of
the Legislature for purposes of paragraph (4) of subdivision (b) of
Section 8920.
(c) A participant in the California Law Fellowship Program
California Law Fellow , whose placement with the Legislature is
accepted duly authorized by the Senate Committee on Rules, the
Assembly Committee on Rules, or the Joint Committee on Rules, as
appropriate, is not an employee of either house of the Legislature
for purposes of this article.
(d) For purposes of this section, a California Law Fellow is "duly
authorized by the Senate Committee on Rules, the Assembly Committee
on Rules, or the Joint Committee on Rules" only if both of the
following requirements are satisfied:
(1) The California Law Fellow has been selected according to
criteria, and pursuant to a process, approved by the Senate Committee
on Rules, the Assembly Committee on Rules, or the Joint Committee on
Rules.
(2) The program has executed an agreement with the Senate
Committee on Rules, the Assembly Committee on Rules, or the Joint
Committee on Rules whereby the California Law Fellow is bound to
abide by standards of conduct, economic interest disclosure
requisites, and other requirements specified by the Senate Committee
on Rules, the Assembly Committee on Rules, or the Joint Committee on
Rules.
SECTION 1. Section 8169 of the Government Code
is amended to read:
8169. (a) The director may lease the real property owned by the
state within the core area, and not under the jurisdiction of any
other state agency, for purposes consistent with the Capitol Area
Plan and the management thereof, for the term and upon terms and
conditions that the director deems to be appropriate. A lease shall
provide that any property subsequently leased by a joint powers
authority for which a lease or rental for a period of five years or
more is contemplated, shall be advertised and awarded utilizing for
the purpose the same procedure followed by the director for other
state properties. The director's authority to lease real property
under this section shall include, but not be limited to, the
authority to lease portions of buildings and facilities occupied or
to be occupied in part by state agencies, to private parties, and
other public agencies for office, residential, parking, and
commercial uses consistent with the Capitol Area Plan.
(b) (1) The director may sell real property that is owned by the
state within the Capitol Area Plan area that is not under the
jurisdiction of any other state agency and that is designated for
residential and commercial purposes in the 1997 update of the plan.
If the director sells property under this section, that property
shall be sold at its fair market value to the joint powers authority
created pursuant to Section 8169.4 for resale and use in the
development of residential and commercial properties consistent with
the Capitol Area Plan. In addition, any property sold under this
section shall not diminish the number of existing dwelling units or
subsequently developed units that are required to be made available
to low-income households pursuant to Section 8193. For the purposes
of Section 8193, an existing residential dwelling unit or a
subsequently developed unit located on land sold pursuant to this
section shall continue to be included in the determination of the
total number of dwelling units located on property leased by the
joint powers authority created pursuant to Section 8169.4.
(2) The director shall not sell any existing residential
properties pursuant to this subdivision that are under the management
of the joint powers authority created pursuant to Section 8169.4
unless that sale is part of an overall development plan that will
lead to a net increase in residential units on the affected site or
sites.
(3) In addition, the director shall not sell any existing
residential properties pursuant to this subdivision that are under
the management of the joint powers authority created pursuant to
Section 8169.4 unless a deed restriction is recorded against the
properties that contains an express condition and covenant that the
real property conveyed shall be used only for residential purposes
for a period of at least 45 years. "Residential purposes" means the
same or substantially similar multifamily, single-family, or
condominium use, or a mixed use, with the same or greater number of
residential units on the affected site. The terms of the restriction
are for the benefit of the public at large and for the benefit of all
parcels of land located within the boundaries of the Capitol Area
Plan. The residential use required by this subdivision shall bind all
successive owners of the property for a period of 45 years from the
date the property is conveyed by the joint powers authority.
(c) With respect to residential leases, the director's authority
included in this section shall not extend beyond the Capitol area.
The director shall ensure that tenants residing within the Capitol
area are not involuntarily displaced as a result of leases executed
after January 1, 1978. The director's authority shall also include
the authority to enter into long-term leases not to exceed 60 years
and to pledge, subordinate, hypothecate, or to permit the assignment
of these leases in connection with financing to be obtained by any
lessee or sublessee.
(d) The director shall not execute a sales agreement or lease
agreement for a term lease of more than five years between the state
and another entity, enter into a joint powers agreement, or issue
revenue bonds or notes of evidences of indebtedness offered by the
joint powers authority, if the agreement concerns state-owned
property in the County of Sacramento or the County of Yolo, unless
not less than 30 days prior to its execution he or she notifies and
provides an economic analysis of the proposed sale to the Members of
the Legislature who represent the Capitol area and the chairman of
the committee in each house of the Legislature that considers
appropriations, the chairman of the appropriate policy committee in
each house, and the Chairman of the Joint Legislative Budget
Committee, or his or her designee, in writing of his or her intention
to execute such an agreement. The chairman of the committee or his
or her designee may determine a lesser notification period prior to
execution. The director shall provide a copy of the notice to any
person who requests the director in writing for the notice.
(e) The Legislature hereby finds that it will be of broad public
benefit to stimulate development of residential and commercial
components of the Capitol Area Plan. Therefore, the director may sell
property to the joint powers authority created pursuant to Section
8169.4 at a price that is determined to be its fair market value and
terms that have been determined to be appropriate to stimulate timely
development to meet the goals set forth by the Legislature in the
1997 update of the Capitol Area Plan. The Capitol Area Development
Authority may request these sales after providing the director with
appropriate economic analysis in support of the value at which
property is to be conveyed. The director may approve the sale of the
property if he or she concurs with the economic analysis.
(f) The Legislature hereby finds that it will be of broad public
benefit to lease some residential units in the Capitol area to
persons and families of low or moderate income, as defined by Section
50093 of the Health and Safety Code, for less than prevailing market
rental rates. Therefore, the director may rent or provide for the
rental of residential facilities to persons and families of low or
moderate income for less than market rental rates and enter into
long-term ground leases at nominal or below market rental rates when
the director deems it will benefit these persons and families.
(g) All leases of state-owned property in the core area to any
private person for other than parking shall be subject to possessory
interest taxes in accordance with Chapter 1 (commencing with Section
101) of Part 1 of Division 1 of the Revenue and Taxation Code.
(h) The net proceeds of any moneys received from the disposition
of any state parcels sold pursuant to subdivision (b) shall be
deposited into the General Fund. The department shall be reimbursed
for any cost or expense incurred in the disposition of any parcels.
