Bill Text: CA SB1050 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: California American Freedmen Affairs Agency: racially motivated eminent domain.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Vetoed) 2024-09-25 - In Senate. Consideration of Governor's veto pending. [SB1050 Detail]
Download: California-2023-SB1050-Amended.html
Chapter 4 (commencing with Section 16005) is added to Part 14 of Division 3 of Title 2 of the Government Code, to read:16007.
The Legislature finds and declares that the addition of Chapter 4 (commencing with Section 16005) to Part 14 of Division 3 of Title 2 of the Government Code by this act serves a public purpose and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution by redressing past acts of racial discrimination, preventing future acts of racial discrimination, and benefitting the whole of the community and its general welfare.
Bill Title: California American Freedmen Affairs Agency: racially motivated eminent domain.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Vetoed) 2024-09-25 - In Senate. Consideration of Governor's veto pending. [SB1050 Detail]
Download: California-2023-SB1050-Amended.html
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Amended
IN
Senate
May 16, 2024 |
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Amended
IN
Senate
April 03, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1050
| Introduced by Senator Bradford (Coauthor: Senator Smallwood-Cuevas) (Coauthor: Assembly Member Jackson) |
February 07, 2024 |
An act to amend Section 11041 of, and to add Chapter 4 (commencing with Section 16005) to Part 14 of Division 3 of Title 2 of of, the Government Code, relating to state government.
LEGISLATIVE COUNSEL'S DIGEST
SB 1050, as amended, Bradford.
California American Freedmen Affairs Agency: racially motivated eminent domain.
Existing law establishes, until January 1, 2030, the Racial Equity Commission within the Office of Planning and Research and requires the commission to develop resources, best practices, and tools for advancing racial equity by, among other things, developing a statewide Racial Equity Framework that includes methodologies and tools that can be employed to advance racial equity and address structural racism in California.
This bill would require the Office of Legal Affairs, which would be established within the California American Freedmen Affairs Agency as provided by SB 1403 of the 2023–24 Regular Session, to, upon appropriation by the Legislature, review, investigate, and make certain determinations regarding applications for compensation from persons who
claim they are the rightful owner, as defined, of property taken as a result of racially motivated eminent domain. The bill would define “racially motivated eminent domain” to mean when the state, county, city, city and county, district, or other political subdivision of the state acquires private property for public use and does not distribute just compensation to the owner at the time of the taking, and the taking, or the failure to provide just compensation, was due, in whole or in part, to the owner’s ethnicity or race. Upon a determination that providing property or just compensation is warranted, as provided, the bill would require the Office of Legal Affairs to certify that the rightful owner is entitled to specified property or compensation from the Fund for Reparations and Restorative
Reparative Justice, which would be established as provided by SB 1331 of the 2023–24 Regular Session. Upon a determination that an applicant is not a rightful owner or issuing property or just compensation is not warranted, the bill would require the Office of Legal Affairs to notify the applicant of its finding and provide an appeal process, as specified. The bill would make every finding, decision, determination, or other official act of the California American Freedmen Affairs Agency subject to judicial review.
This bill would also require the Office of Strategic Communications and Media
Affairs, which would be established within the California American Freedmen Affairs Agency as provided by SB
1403 of the 2023–24 Regular Session, to develop and implement a public education campaign regarding discriminatory housing and urban planning practices by the state, as specified.
Existing law generally prohibits state agencies from employing in-house counsel to act on behalf of the agency or its employees in judicial or administrative adjudicative proceedings, but exempts specified agencies from this provision.
This bill would exempt the California American Freedmen Affairs Agency from that provision.
This bill would make related findings and declarations, including those related to a gift of public funds.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11041 of the Government Code is amended to read:11041.
(a) Section 11042 does not apply to the Regents of the University of California, the Trustees of the California State University, Legal Division of the Department of Transportation, Division of Labor Standards Enforcement of the Department of Industrial Relations, Workers’ Compensation Appeals Board, Public Utilities Commission, State Compensation Insurance Fund, Legislative Counsel Bureau, Inheritance Tax Department, Secretary of State, State Lands Commission, Alcoholic Beverage Control Appeals Board (except when the board affirms the decision of the Department of Alcoholic Beverage Control), Department of Cannabis Control (except in proceedings in state or federal court), State Department of Education, Department of Financial Protection and Innovation, the California American Freedmen Affairs Agency, and Treasurer with respect to bonds, nor to any other state agency which, by law enacted after Chapter 213 of the Statutes of 1933, is authorized to employ legal counsel.(b) The Trustees of the California State University shall pay the cost of employing legal counsel from their existing resources.
SECTION 1.SEC. 2.
Chapter 4 (commencing with Section 16005) is added to Part 14 of Division 3 of Title 2 of the Government Code, to read:CHAPTER 4. Restitution for Race-Based Eminent Domain
16005.
(a) The Legislature finds and declares that it is in the public interest to compensate victims of racially motivated eminent domain, which deprived persons of just compensation for their property due to racially discriminatory motives. The unjust taking of land without fair compensation destroyed communities, forced many from their historical neighborhoods, deprived those persons of the fair value of their property, and, in many cases, prevented the accumulation of generational wealth. Providing compensation to these victims of racial discrimination will restore the value of wrongfully taken property to rightful owners and hold government entities responsible for those wrongful discriminatory acts.(b) This chapter shall govern the procedure by which rightful owners and their descendants may seek a determination that they were the victims of racially motivated eminent domain and obtain a referral to seek the return of the taken property, other property of equal value, or financial compensation from the Fund for Reparations and Restorative Justice for compensation. Reparative Justice.
16006.
(a) For purposes of this section, the following definitions apply:(1) “Racially motivated eminent domain” means when the state, county, city, city and county, district, or other political subdivision of the state acquires private property for public use and does not distribute just compensation to the owner at the time of the taking, and the taking, or the failure to provide just compensation, was due, in whole or in part, to the owner’s ethnicity or race.
(2) “Rightful owner” means a person who has had property taken from them by the state, county, city, city and county, district, or other
political subdivision of the state without just compensation as a result of racially motivated eminent domain, or a direct descendant of the person whose property was taken.
(b) Upon appropriation by the Legislature, the Office of Legal Affairs within the California American Freedmen Affairs Agency shall do all of the following:
(1) Accept applications for compensation from persons who claim they are the rightful owner of property taken as a result of racially motivated eminent domain.
(2) (A) Review and investigate applications submitted under paragraph (1).
(B) As part of its review, the Office of Legal Affairs may request submission of additional information supporting the application that is reasonably necessary to verify the application, determine whether the applicant is a rightful owner, and determine whether the taking was racially motivated. If the office makes a request for additional documentation, it shall communicate that request to the applicant with a notice of the additional information required. The office shall consider any additional information provided by the applicant within 30 days of the receipt of the notice.
(3) After reviewing all of the relevant materials, determine whether the applicant is a rightful owner of property taken through racially motivated eminent domain.
(4) (A) If
the Office of Legal Affairs determines that an applicant has established that they are a rightful owner under paragraph (3), the office shall determine:
(i) The present-day fair market value of the property that was taken from them by the state, county, city, city and county, district, or other political subdivision of the state as a result of racially motivated eminent domain.
(ii) Whether issuing property or just compensation to that rightful owner would serve to redress past acts of racial discrimination, prevent future acts of racial discrimination, and benefit the whole of the community and its general welfare.
(B) If
the Office of Legal Affairs determines that providing property or just compensation is warranted under clause (ii) of subparagraph (A), the Office of Legal Affairs shall certify that the rightful owner is entitled to compensation the return of the taken property, other property of equal value, or financial compensation.
(C) If just compensation is provided
from the Fund for Reparations and Restorative Justice Reparative Justice, that compensation shall be in the amount of the fair market value of the property, as determined pursuant to clause (i) of subparagraph (A), minus the amount paid at the time of the taking, adjusted for inflation.
(5) If the Office of Legal Affairs determines that an applicant is not a rightful owner or that issuing property or just compensation is not warranted, the office shall notify the applicant of its finding. The applicant may appeal the determination within 60 days of receiving the
notice and provide additional information to support their claim. The office shall consider the appeal and any new information provided and issue a determination on the appeal within 120 days.
(c) Every finding, decision, determination, or other official act of the California American Freedmen Affairs Agency is subject to judicial review in accordance with law.
The Office of Strategic Communications and Media Affairs within the California American Freedmen Affairs Agency shall develop and implement a public education campaign regarding the cycle of gentrification, displacement, and exclusion, the connection between redlining and gentrification, and the history of discriminatory urban planning in the state.
