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california legislation > sb 586

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Tab 1

SENATE BILL No. 586


Introduced by Senator Yee

INTRODUCED BY Senator Yee FEBRUARY 27, 2009 An act to add Section 19622.5 to the Business and Professions Code, and to add Section 11011.27 to the Government Code, relating to state property, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 586, as introduced, Yee. State property: sale. Existing law authorizes the Director of General Services to dispose of state surplus property, subject to specified conditions, including authorization by the Legislature. This bill would require the director, prior to an unspecified date, to sell, at fair market value, upon those terms and conditions determined by the director, a specified parcel of state property located in the County of San Mateo and the City and County of San Francisco to any interested party. The bill would exempt an "as-is" sale, exchange, sale, sale combined with an exchange, or transfer of this parcel from certain provisions of the California Environmental

February 27, 2009

An act to add Section 19622.5 to the Business and Professions Code, and to add Section 11011.27 to the Government Code, relating to state property, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

SB 586, as introduced, Yee. State property: sale.

Existing law authorizes the Director of General Services to dispose of state surplus property, subject to specified conditions, including authorization by the Legislature.

This bill would require the director, prior to an unspecified date, to sell, at fair market value, upon those terms and conditions determined by the director, a specified parcel of state property located in the County of San Mateo and the City and County of San Francisco to any interested party. The bill would exempt an "as-is" sale, exchange, sale, sale combined with an exchange, or transfer of this parcel from certain provisions of the California Environmental Quality Act (CEQA). If the sale, exchange, sale combined with an exchange, or transfer of the parcel is not an "as-is" sale and close of escrow is contingent on satisfying a local governmental approval for entitlement or land use requirements, including compliance by the local government with certain provisions of CEQA, then the execution of the purchase and sale agreement or exchange agreement would be exempt from those provisions of CEQA.

The bill would provide that the net proceeds of the conveyance would be paid into the Fair and Exposition Fund, a continuously appropriated fund, for the benefit of a specified district agricultural association, as provided, thereby making an appropriation. The bill would require reimbursement to the Department of General Services for any cost or expense incurred in the disposition of the property. This bill would also declare the Legislature's findings that the sale of this state property does not constitute a sale of surplus state property, as set forth in specified existing law.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2/3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 19622.5 is added to the Business and Professions Code, to read:

19622.5.

Pursuant to subdivision (c) of Section 19622.3, within 30 days of enactment of this section, the Department of Food and Agriculture, until ______, shall assume only the rights, duties, and powers of the board of directors of the District 1-A Agricultural Association associated with negotiating the sale of the real property of the District 1-A Agricultural Association. SEC. 2. Section 11011.27 is added to the Government Code, to read:

11011.27. (a) The Director of General Services in consultation with the Department of Food and Agriculture, prior to _______, shall enter into negotiations to sell, at fair market value with an all-cash sale or cash equivalent without any conditions relating to entitlements, to any interested third party, upon those terms and conditions and subject to those reservations and exceptions that the director determines are in the best interests of the state, the following real property:

Parcel A: Beginning at a point on the southerly line of Walbridge Street, now Geneva Avenue, with the easterly line of Carter Street (in the City and County of San Francisco); thence running easterly along the southerly line of Walbridge Street 980 feet; thence at a right angle south 19*35' west 600 feet; thence at a right angle north 70*25' west 720 feet; thence at a right angle south 19*35' west 60 feet; thence at a right angle north 70*25' west 260 feet; thence at a right angle north 19*35' east 660 feet along the easterly line of Carter Street to the point of beginning.

(b) A notice of every public auction or bid opening shall be posted on the parcel to be sold pursuant to this section and shall be published in a newspaper of general circulation published in the county in which the real property to be sold is situated.

(c) (1) An "as-is" sale, exchange, sale, sale combined with an exchange, or transfer of the parcel described in subdivision (a) is exempt from Chapter 3 (commencing with Section 21100) to Chapter 6 (commencing with Section 21165), inclusive, of Division 13 of the Public Resources Code. However, the buyer or transferee of the parcel shall be subject to any local governmental entitlement or land use approval requirements, and that buyer or transferee shall be subject to the requirements of Chapter 3 (commencing with Section 21100) to Chapter 6 (commencing with Section 21165), inclusive, of Division 13 of the Public Resources Code.

(2) If the sale, exchange, sale combined with an exchange, or transfer of the parcel described in subdivision (a) is not an "as-is" sale and the close of escrow is contingent on satisfying a local governmental approval for entitlement or land use requirements, including compliance by the local government with Chapter 3 (commencing with Section 21100) to Chapter 6 (commencing with Section 21165), inclusive, of Division 13 of the Public Resources Code, then the execution of the purchase and sale agreement or exchange agreement is exempt from Chapter 3 (commencing with Section 21100) to Chapter 6 (commencing with Section 21165), inclusive, of Division 13 of the Public Resources Code.

(d) Notwithstanding the terms and conditions negotiated pursuant to subdivision (a), the director shall not sell the property identified in subdivision (a) for less than its fair market value.

(e) Fair market value shall be evaluated at the highest and best use of the property as entitled with its existing zone designation, generally required for all real estate appraisals and as governed by the Uniform Standards of Professional Appraisal Practice (USPAP).

(f) An agreement for the sale of the property identified in subdivision (a) shall require a purchaser to develop the property for uses consistent with the general plan of the City of Daly City, any amendment to that general plan, any specific plan amendments to any specific plan, and the Bayshore Revitalization Redevelopment Plan.

(g) The Department of General Services shall be reimbursed from the sale proceeds for any cost or expense incurred in the disposition of the property described in subdivision (a).

(h) The net proceeds of any moneys received from the disposition of any parcel of property described in subdivision (a) shall be paid into the Fair and Exposition Fund for the benefit of the District 1-A Agricultural Association. SEC. 3. The Legislature finds and declares that the disposition of state property authorized in Section 2 of this act does not constitute a sale or other disposition of surplus state property as set forth in Section 9 of Article III of the California Constitution or subdivision (g) of Section 11011 of the Government Code. SEC. 4. 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 for the Director of General Services to sell the property described in Section 2 of this act at the earliest possible time, it is necessary that this act take effect immediately.


Tab 2

AMENDED IN SENATE MAY 06, 2009 - pdf

SENATE BILL No. 586


Introduced by Senator Yee

FEBRUARY 27, 2009 An act to add Section 19622.5 to the Business and Professions Code, and to add Section 11011.27 to the Government Code, relating to state property, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 586, as amended, Yee. State property: sale. Existing law authorizes the Director of General Services to dispose of state surplus property, subject to specified conditions, including authorization by the Legislature. This bill would require the director, prior to an unspecified date, to sell, at fair market value, upon those terms and conditions determined by the director, a specified parcel of state property located in the County of San Mateo and the City and County of San Francisco to any interested party. The bill would exempt an "as-is" sale, exchange, sale, sale combined with an exchange, or transfer of this parcel from certain provisions of the California

February 27, 2009

An act to add Section 19622.5 to the Business and Professions Code, and to add Section 11011.27 to the Government Code, relating to state property, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

SB 586, as amended, Yee. State property: sale.

Existing law authorizes the Director of General Services to dispose of state surplus property, subject to specified conditions, including authorization by the Legislature.

This bill would require the director, prior to an unspecified date, to sell, at fair market value, upon those terms and conditions determined by the director, a specified parcel of state property located in the County of San Mateo and the City and County of San Francisco to any interested party. The bill would exempt an "as-is" sale, exchange, sale, sale combined with an exchange, or transfer of this parcel from certain provisions of the California Environmental Quality Act (CEQA). If the sale, exchange, sale combined with an exchange, or transfer of the parcel is not an "as-is" sale and close of escrow is contingent on satisfying a local governmental approval for entitlement or land use requirements, including compliance by the local government with certain provisions of CEQA, then the execution of the purchase and sale agreement or exchange agreement would be exempt from those provisions of CEQA.

The bill would provide that the net proceeds of the conveyance would be paid into the Fair and Exposition Fund, a continuously appropriated fund, for the benefit of a specified district agricultural association, as provided, thereby making an appropriation. The bill would require reimbursement to the Department of General Services for any cost or expense incurred in the disposition of the property. This bill would also declare the Legislature's findings that the sale of this state property does not constitute a sale of surplus state property, as set forth in specified existing law.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2/3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 19622.5 is added to the Business and Professions Code, to read:

19622.5.

Pursuant to subdivision (c) of Section 19622.3, within 30 days of enactment of this section, the Department of Food and Agriculture, until ______, shall assume only the rights, duties, and powers of the board of directors of the District 1-A Agricultural Association associated with negotiating the sale of the real property of the District 1-A Agricultural Association. SEC. 2. Section 11011.27 is added to the Government Code, to read:

11011.27. (a) The Director of General Services in consultation with the Department of Food and Agriculture, prior to _______, shall enter into negotiations to sell, at fair market value with an all-cash sale or cash equivalent without any conditions relating to entitlements, to any interested third party, upon those terms and conditions and subject to those reservations and exceptions that the director determines are in the best interests of the state, the following real property:

Parcel A: Beginning at a point on the southerly line of Walbridge Street, now Geneva Avenue, with the easterly line of Carter Street (in the City and County of San Francisco); thence running easterly along the southerly line of Walbridge Street 980 feet; thence at a right angle south 19*35' west 600 feet; thence at a right angle north 70*25' west 720 feet; thence at a right angle south 19*35' west 60 feet; thence at a right angle north 70*25' west 260 feet; thence at a right angle north 19*35' east 660 feet along the easterly line of Carter Street to the point of beginning.

(b) A notice of every public auction or bid opening shall be posted on the parcel to be sold pursuant to this section and shall be published in a newspaper of general circulation published in the county in which the real property to be sold is situated.

(c) (1) An "as-is" sale, exchange, sale, sale combined with an exchange, or transfer of the parcel described in subdivision (a) is exempt from Chapter 3 (commencing with Section 21100) to Chapter 6 (commencing with Section 21165), inclusive, of Division 13 of the Public Resources Code. However, the buyer or transferee of the parcel shall be subject to any local governmental entitlement or land use approval requirements, and that buyer or transferee shall be subject to the requirements of Chapter 3 (commencing with Section 21100) to Chapter 6 (commencing with Section 21165), inclusive, of Division 13 of the Public Resources Code.

(2) If the sale, exchange, sale combined with an exchange, or transfer of the parcel described in subdivision (a) is not an "as-is" sale and the close of escrow is contingent on satisfying a local governmental approval for entitlement or land use requirements, including compliance by the local government with Chapter 3 (commencing with Section 21100) to Chapter 6 (commencing with Section 21165), inclusive, of Division 13 of the Public Resources Code, then the execution of the purchase and sale agreement or exchange agreement is exempt from Chapter 3 (commencing with Section 21100) to Chapter 6 (commencing with Section 21165), inclusive, of Division 13 of the Public Resources Code.

(d)

(c) Notwithstanding the terms and conditions negotiated pursuant to subdivision (a), the director shall not sell the property identified in subdivision (a) for less than its fair market value.

(e)

(d) Fair market value shall be evaluated at the highest and best use of the property as entitled with its existing zone designation, generally required for all real estate appraisals and as governed by the Uniform Standards of Professional Appraisal Practice (USPAP).

(f)

(e) An agreement for the sale of the property identified in subdivision (a) shall require a purchaser to develop the property for uses consistent with the general plan of the City of Daly City, any amendment to that general plan, any specific plan amendments to any specific plan, and the Bayshore Revitalization Redevelopment Plan.

(g)

(f) The Department of General Services shall be reimbursed from the sale proceeds for any cost or expense incurred in the disposition of the property described in subdivision (a).

(h)

(g) The net proceeds of any moneys received from the disposition of any parcel of property described in subdivision (a) shall be paid into the Fair and Exposition Fund for the benefit of the District 1-A Agricultural Association. SEC. 3. The Legislature finds and declares that the disposition of state property authorized in Section 2 of this act does not constitute a sale or other disposition of surplus state property as set forth in Section 9 of Article III of the California Constitution or subdivision (g) of Section 11011 of the Government Code. SEC. 4. 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 for the Director of General Services to sell the property described in Section 2 of this act at the earliest possible time, it is necessary that this act take effect immediately.


Tab 3

AMENDED IN SENATE MAY 06, 2009 - pdf
AMENDED IN ASSEMBLY AUGUST 24, 2009 - pdf

SENATE BILL No. 586


Introduced by Senator Yee

FEBRUARY 27, 2009 An act to add Section 19622.5 to the Business and Professions Code, and to add Section 11011.27 to the Government Code, relating to state property, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 586, as amended, Yee. State property: sale. Existing law authorizes the Director of General Services to dispose of state surplus property, subject to specified conditions, including authorization by the Legislature. This bill would require the director, prior to an unspecified date January 1, 2012 , to sell, at fair market value, upon those terms and conditions determined by the director, a specified parcel of state property located in the County of San Mateo and the City and County of San Francisco to any interested party. The bill would provide that the net proceeds of the conveyance would be paid into the Fair and Exposition Fund, a continuously appropriated fund, for the benefit of a specified district agricultural association, as provided, thereby making an appropriation. The bill would require reimbursement to the Department of General Services for any cost or expense incurred in the disposition of the property. This bill would also declare the Legislature's findings that the sale of this state property does not constitute a sale of surplus state property, as set forth in specified existing law. This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 19622.5 is added to the Business and Professions Code, to read:

February 27, 2009

An act to add Section 19622.5 to the Business and Professions Code, and to add Section 11011.27 to the Government Code, relating to state property, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

SB 586, as amended, Yee. State property: sale.

Existing law authorizes the Director of General Services to dispose of state surplus property, subject to specified conditions, including authorization by the Legislature.

This bill would require the director, prior to an unspecified date January 1, 2012 , to sell, at fair market value, upon those terms and conditions determined by the director, a specified parcel of state property located in the County of San Mateo and the City and County of San Francisco to any interested party.

The bill would provide that the net proceeds of the conveyance would be paid into the Fair and Exposition Fund, a continuously appropriated fund, for the benefit of a specified district agricultural association, as provided, thereby making an appropriation. The bill would require reimbursement to the Department of General Services for any cost or expense incurred in the disposition of the property. This bill would also declare the Legislature's findings that the sale of this state property does not constitute a sale of surplus state property, as set forth in specified existing law.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2/3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 19622.5 is added to the Business and Professions Code, to read:

19622.5.

Pursuant to subdivision (c) of Section 19622.3, within 30 days of enactment of this section, the Department of Food and Agriculture, until ______ January 1, 2010 , shall assume only the rights, duties, and powers of the board of directors of the District 1-A Agricultural Association associated with negotiating the sale of the real property of the District 1-A Agricultural Association. SEC. 2. Section 11011.27 is added to the Government Code, to read:

11011.27. (a) The Director of General Services in consultation with the Department of Food and Agriculture, prior to _______ January 1, 2012 , shall enter into negotiations to sell, at fair market value with an all-cash sale or cash equivalent without any conditions relating to entitlements, to any interested third party, upon those terms and conditions and subject to those reservations and exceptions that the director determines are in the best interests of the state, the following real property:

Parcel A: Beginning at a point on the southerly line of Walbridge Street, now Geneva Avenue, with the easterly line of Carter Street (in the City and County of San Francisco); thence running easterly along the southerly line of Walbridge Street 980 feet; thence at a right angle south 19*35' west 600 feet; thence at a right angle north 70*25' west 720 feet; thence at a right angle south 19*35' west 60 feet; thence at a right angle north 70*25' west 260 feet; thence at a right angle north 19*35' east 660 feet along the easterly line of Carter Street to the point of beginning.

(b) A notice of every public auction or bid opening shall be posted on the parcel to be sold pursuant to this section and shall be published in a newspaper of general circulation published in the county in which the real property to be sold is situated.

(c) Notwithstanding the terms and conditions negotiated pursuant to subdivision (a), the director shall not sell the property identified in subdivision (a) for less than its fair market value.

(d) Fair market value shall be evaluated at the highest and best use of the property as entitled with its existing zone designation, generally required for all real estate appraisals and as governed by the Uniform Standards of Professional Appraisal Practice (USPAP).

(e) An agreement for the sale of the property identified in subdivision (a) shall require a purchaser to develop the property for uses consistent with the general plan of the City of Daly City, any amendment to that general plan, any specific plan amendments to any specific plan, and the Bayshore Revitalization Redevelopment Plan.

(f) The Department of General Services shall be reimbursed from the sale proceeds for any cost or expense incurred in the disposition of the property described in subdivision (a).

(g) The net proceeds of any moneys received from the disposition of any parcel of property described in subdivision (a) shall be paid into the Fair and Exposition Fund for the benefit of the District 1-A Agricultural Association. SEC. 3. The Legislature finds and declares that the disposition of state property authorized in Section 2 of this act does not constitute a sale or other disposition of surplus state property as set forth in Section 9 of Article III of the California Constitution or subdivision (g) of Section 11011 of the Government Code. SEC. 4. 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 for the Director of General Services to sell the property described in Section 2 of this act at the earliest possible time, it is necessary that this act take effect immediately.


Tab 4

AMENDED IN SENATE MAY 06, 2009 - pdf
AMENDED IN ASSEMBLY AUGUST 24, 2009 - pdf
AMENDED IN ASSEMBLY SEPTEMBER 04, 2009 - pdf

SENATE BILL No. 586


Introduced by Senator Yee

FEBRUARY 27, 2009 An act to add Section 19622.5 to the Business and Professions Code, and to add Section 11011.27 to the Government Code, relating to state property, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. An act to add Sections 3853.1 and 3853.2 to the Food and Agricultural Code, relating to agricultural districts, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 586, as amended, Yee. State property: sale. Agricultural districts: Cow Palace: sale.

February 27, 2009

An act to add Section 19622.5 to the Business and Professions Code, and to add Section 11011.27 to the Government Code, relating to state property, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. An act to add Sections 3853.1 and 3853.2 to the Food and Agricultural Code, relating to agricultural districts, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

SB 586, as amended, Yee. State property: sale. Agricultural districts: Cow Palace: sale.

(1) Existing law provides that the state is divided into agricultural districts within the boundaries of which district agricultural associations may be formed. Existing law provides that District 1a is the County of San Mateo and the City and County of San Francisco.

This bill would create District 1b, which consists of all of that real property that is a portion of District 1a that is commonly known as the Cow Palace, and would prescribe certain matters applicable to officers of District 1a and District 1b. The bill would, among other things, (A) authorize the Department of General Services to dispose of all or any portion of the real property that composes District 1b pursuant to a public bidding process, as provided, (B) prohibit District 1b from entering into any contract, lease, or other agreement affecting the use or operation of that real property for a period that exceeds 3 months, (C) require those contracts, leases, or agreements to contain a certain cancellation notice, (D) authorize the department to be reimbursed for reasonable costs or expenses, (E) authorize bonds involving District 1b property to be paid from the proceeds of any disposition of District 1b property, (F) require the Director of General Services to report specified information to the chairs of the fiscal committees of the Legislature 30 days prior to executing a transaction for the disposition of the real property, (G) require the director to include a reservation to the state of mineral rights in the disposition of the real property, (H) require the net disposition proceeds to be deposited into the District 1b Disposition Fund, which the bill would create in the State Treasury, and (I) require the department to report annually to the Legislature on the status of the disposition of the real property.

This bill would require District 1b to be abolished and all funds in the District 1b Disposition Fund to be transferred to the General Fund upon sale of all property that composes District 1b.

This bill would also declare the Legislature's findings that the disposition of this state property does not constitute a sale of surplus state property, as set forth in specified existing law.

(2) The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA generally requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA also provides some exemptions from its requirements for specified projects.

This bill would exempt the disposition of the state real property or buildings subject to the bill that is made on an "as is" basis from designated provisions of CEQA. The bill would also exempt from those provisions of CEQA the execution of the purchase and sale agreement or the exchange agreement for this property or these buildings if the disposition is not made on an "as is" basis and the close of escrow is contingent on a specified requirement and compliance with CEQA.

(3) This bill would authorize the Director of Finance to provide a General Fund loan in the amount of $500,000 to a certain item of the Budget Act, which relates to the Department of General Services, and to adjust the amounts appropriated in that item that are provided for the purposes of supporting the management of the state's real property assets in order to accommodate any increase in workload or other costs to the Department of General Services to implement this bill. By authorizing adjustments to certain appropriated amounts in the Budget Act, the bill would make an appropriation.

Existing law authorizes the Director of General Services to dispose of state surplus property, subject to specified conditions, including authorization by the Legislature.

This bill would require the director, prior to January 1, 2012, to sell, at fair market value, upon those terms and conditions determined by the director, a specified parcel of state property located in the County of San Mateo and the City and County of San Francisco to any interested party.

The bill would provide that the net proceeds of the conveyance would be paid into the Fair and Exposition Fund, a continuously appropriated fund, for the benefit of a specified district agricultural association, as provided, thereby making an appropriation. The bill would require reimbursement to the Department of General Services for any cost or expense incurred in the disposition of the property. This bill would also declare the Legislature's findings that the sale of this state property does not constitute a sale of surplus state property, as set forth in specified existing law.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2/3 majority . Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 3853.1 is added to the Food and Agricultural Code , to read:

3853.1. There is hereby created District 1b which consists of all of that real property that is a portion of District 1a that is commonly known as the Cow Palace located in Daly City and the City and County of San Francisco. Notwithstanding any other law, any officer of District 1b may also be an officer of District 1a and shall be a resident of District 1a. All otherwise applicable ethical duties, including those in Section 1090 of the Government Code, subdivision (a) of Section 8920 of the Government Code, and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code), shall apply to the officers of both District 1a and District 1b, and shall apply in regard to the transactions contemplated by Section 3853.2. SEC. 2. Section 3853.2 is added to the Food and Agricultural Code , to read:

3853.2. (a) The District 1b Disposition Fund is hereby created in the State Treasury.

(b) (1) The Department of General Services may dispose all or any portion of the real property that composes District 1b. District 1b shall not enter into any contract, lease, or other agreement affecting the use or operation of the real property for a period that exceeds three months, and all of these contracts, leases, or other agreements shall contain a provision that they can be canceled upon a 30-day notice from the Department of General Services. The Department of General Services shall be reimbursed for any reasonable cost or expense incurred for the transactions described in this section.

(2) Additionally to the requirements of paragraph (1), to the extent bonds issued by the State Public Works Board or other entity involve the property to be disposed of pursuant to this section, all issuer and trustee related costs associated with the review of any proposed disposition, together with the costs related to the defeasance or retirement of any bonds, which may include the cost of nationally recognized bond counsel, shall be paid from the proceeds of any disposition authorized by this section. The net proceeds from the disposition shall be deposited into the District 1b Disposition Fund.

(c) The disposition of the real property authorized by this section shall be pursuant to a public bidding process designed to obtain the highest, most certain return for the state from a responsible bidder, and any transaction based on such a bidding process shall be deemed to be the fair market value for the property. A notice of this bidding process shall be posted by the Department of General Services on its Internet Web site for at least 30 days prior to the disposition of the real property. The provisions of Section 11011.1 of the Government Code are not applicable to the disposition of real property authorized under this section.

(d) Thirty days prior to executing a transaction for the disposition of real property authorized by this section, the Director of General Services shall report to the chairs of the fiscal committees of the Legislature all of the following:

(1) The financial terms of the transaction.

(2) A comparison of fair market value for the real property and the terms listed in paragraph (1).

(3) Any basis for agreeing to terms and conditions other than fair market value.

(e) As to the real property disposed of pursuant to this section, the Director of General Services shall except and reserve to the state all mineral deposits, as defined in Section 6407 of the Public Resources Code, together with the right to prospect for, mine, and remove the deposits. If, however, the Director of General Services determines that there is little or no potential for mineral deposits, the reservation may be without surface right of entry above a depth of 500 feet, or the rights to prospect for, mine, and remove the deposits shall be limited to those areas of the real property conveyed that the director determines to be reasonably necessary for the removal of the deposits.

(f) The Department of General Services shall report to the Legislature on or before June 30 of each year on the status of the disposition of real property authorized by this section.

(g) Upon the disposition of all property that composes District 1b, District 1b shall be abolished and all funds in the District 1b Disposition Fund shall be transferred to the General Fund.

(h) (1) The disposition of state real property or buildings specified in subdivision (b) that are made on an "as is" basis shall be exempt from Chapter 3 (commencing with Section 21100) to Chapter 6 (commencing with Section 21165), inclusive, of Division 13 of the Public Resources Code. Upon title to the parcel vesting in the purchaser or transferee of the property, the purchaser or transferee shall be subject to any local governmental land use entitlement approval requirements and to Chapter 3 (commencing with Section 21100) to Chapter 6 (commencing with Section 21165), inclusive, of Division 13 of the Public Resources Code.

(2) If the disposition of state real property or buildings specified in subdivision (b), is not made on an "as is" basis and close of escrow is contingent on the satisfaction of a local governmental land use entitlement approval requirement or compliance by the local government with Chapter 3 (commencing with Section 21100) to Chapter 6 (commencing with Section 21165), inclusive, of Division 13 of the Public Resources Code, the execution of the purchase and sale agreement or of the exchange agreement by all parties to the agreement shall be exempt from Chapter 3 (commencing with Section 21100) to Chapter 6 (commencing with Section 21165), inclusive, of Division 13 of the Public Resources Code.

(3) For the purposes of this section, "disposition" means the sale, lease, exchange, or repurchase of state property or buildings specified in subdivision (b).

(i) The disposition of real property or buildings, or both, pursuant to this section does not constitute a sale or other disposition of state surplus property within the meaning of Section 9 of Article III of the California Constitution and shall not be subject to subdivision (g) of Section 11011 of the Government Code. SEC. 3. The Legislature finds and declares that Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code applies to every transaction undertaken pursuant to the authority of this act. SEC. 4. The Director of Finance may provide a General Fund loan in the amount of five hundred thousand dollars ($500,000) to augment Item 1760-001-0002 of Section 2.00 of the Budget Act of 2009 and may adjust the amounts appropriated in Item 1760-001-0002 of Section 2.00 of the Budget Act of 2009 that are provided for the purposes of supporting the management of the state's real property assets in order to accommodate any increase in workload or other costs to the Department of General Services to implement this act. SECTION 1. Section 19622.5 is added to the Business and Professions Code, to read:

19622.5.

Pursuant to subdivision (c) of Section 19622.3, within 30 days of enactment of this section, the Department of Food and Agriculture, until January 1, 2010, shall assume only the rights, duties, and powers of the board of directors of the District 1-A Agricultural Association associated with negotiating the sale of the real property of the District 1-A Agricultural Association. SEC. 2. Section 11011.27 is added to the Government Code, to read:

11011.27. (a) The Director of General Services in consultation with the Department of Food and Agriculture, prior to January 1, 2012, shall enter into negotiations to sell, at fair market value with an all-cash sale or cash equivalent without any conditions relating to entitlements, to any interested third party, upon those terms and conditions and subject to those reservations and exceptions that the director determines are in the best interests of the state, the following real property:

Parcel A: Beginning at a point on the southerly line of Walbridge Street, now Geneva Avenue, with the easterly line of Carter Street (in the City and County of San Francisco); thence running easterly along the southerly line of Walbridge Street 980 feet; thence at a right angle south 19*35' west 600 feet; thence at a right angle north 70*25' west 720 feet; thence at a right angle south 19*35' west 60 feet; thence at a right angle north 70*25' west 260 feet; thence at a right angle north 19*35' east 660 feet along the easterly line of Carter Street to the point of beginning.

(b) A notice of every public auction or bid opening shall be posted on the parcel to be sold pursuant to this section and shall be published in a newspaper of general circulation published in the county in which the real property to be sold is situated.

(c) Notwithstanding the terms and conditions negotiated pursuant to subdivision (a), the director shall not sell the property identified in subdivision (a) for less than its fair market value.

(d) Fair market value shall be evaluated at the highest and best use of the property as entitled with its existing zone designation, generally required for all real estate appraisals and as governed by the Uniform Standards of Professional Appraisal Practice (USPAP).

(e) An agreement for the sale of the property identified in subdivision (a) shall require a purchaser to develop the property for uses consistent with the general plan of the City of Daly City, any amendment to that general plan, any specific plan amendments to any specific plan, and the Bayshore Revitalization Redevelopment Plan.

(f) The Department of General Services shall be reimbursed from the sale proceeds for any cost or expense incurred in the disposition of the property described in subdivision (a).

(g) The net proceeds of any moneys received from the disposition of any parcel of property described in subdivision (a) shall be paid into the Fair and Exposition Fund for the benefit of the District 1-A Agricultural Association. SEC. 3. The Legislature finds and declares that the disposition of state property authorized in Section 2 of this act does not constitute a sale or other disposition of surplus state property as set forth in Section 9 of Article III of the California Constitution or subdivision (g) of Section 11011 of the Government Code. SEC. 4. 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 for the Director of General Services to sell the property described in Section 2 of this act at the earliest possible time, it is necessary that this act take effect immediately.


Tab 5

AMENDED IN SENATE MAY 06, 2009 - pdf
AMENDED IN ASSEMBLY AUGUST 24, 2009 - pdf
AMENDED IN ASSEMBLY SEPTEMBER 04, 2009 - pdf
AMENDED IN ASSEMBLY JUNE 17, 2010 - pdf

SENATE BILL No. 586


Introduced by Senator Yee

FEBRUARY 27, 2009 An act to add Sections 3853.1 and 3853.2 to the Food and Agricultural Code, relating to agricultural districts, and making an appropriation therefor. amend Section 1202.4 of the Penal Code, relating to restitution, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 586, as amended, Yee. Agricultural districts: Cow Palace: sale. Restitution fines. Existing law requires the court, in every case in which a person is convicted of a crime, to impose a separate and additional restitution fine, except under a specified circumstance. Restitution fines are deposited in the Restitution Fund in the State Treasury, and are continuously appropriated to the California Victim Compensation and Government Claims Board for specified purposes. Existing law requires the restitution fine to be not less than $200 if the person is convicted of a felony, and not less than $100 if the person is convicted of a misdemeanor. This bill would increase the minimum restitution fine to $300 if the person is convicted of a felony, and to $150 if the person is convicted of a misdemeanor. By increasing moneys deposited in a continuously appropriated fund, this bill would make an appropriation.

February 27, 2009

An act to add Sections 3853.1 and 3853.2 to the Food and Agricultural Code, relating to agricultural districts, and making an appropriation therefor. amend Section 1202.4 of the Penal Code, relating to restitution, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

SB 586, as amended, Yee. Agricultural districts: Cow Palace: sale. Restitution fines.

Existing law requires the court, in every case in which a person is convicted of a crime, to impose a separate and additional restitution fine, except under a specified circumstance. Restitution fines are deposited in the Restitution Fund in the State Treasury, and are continuously appropriated to the California Victim Compensation and Government Claims Board for specified purposes. Existing law requires the restitution fine to be not less than $200 if the person is convicted of a felony, and not less than $100 if the person is convicted of a misdemeanor.

This bill would increase the minimum restitution fine to $300 if the person is convicted of a felony, and to $150 if the person is convicted of a misdemeanor. By increasing moneys deposited in a continuously appropriated fund, this bill would make an appropriation.

(1) Existing law provides that the state is divided into agricultural districts within the boundaries of which district agricultural associations may be formed. Existing law provides that District 1a is the County of San Mateo and the City and County of San Francisco.

This bill would create District 1b, which consists of all of that real property that is a portion of District 1a that is commonly known as the Cow Palace, and would prescribe certain matters applicable to officers of District 1a and District 1b. The bill would, among other things, (A) authorize the Department of General Services to dispose of all or any portion of the real property that composes District 1b pursuant to a public bidding process, as provided, (B) prohibit District 1b from entering into any contract, lease, or other agreement affecting the use or operation of that real property for a period that exceeds 3 months, (C) require those contracts, leases, or agreements to contain a certain cancellation notice, (D) authorize the department to be reimbursed for reasonable costs or expenses, (E) authorize bonds involving District 1b property to be paid from the proceeds of any disposition of District 1b property, (F) require the Director of General Services to report specified information to the chairs of the fiscal committees of the Legislature 30 days prior to executing a transaction for the disposition of the real property, (G) require the director to include a reservation to the state of mineral rights in the disposition of the real property, (H) require the net disposition proceeds to be deposited into the District 1b Disposition Fund, which the bill would create in the State Treasury, and (I) require the department to report annually to the Legislature on the status of the disposition of the real property.

This bill would require District 1b to be abolished and all funds in the District 1b Disposition Fund to be transferred to the General Fund upon sale of all property that composes District 1b.

This bill would also declare the Legislature's findings that the disposition of this state property does not constitute a sale of surplus state property, as set forth in specified existing law.

(2) The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA generally requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA also provides some exemptions from its requirements for specified projects.

This bill would exempt the disposition of the state real property or buildings subject to the bill that is made on an "as is" basis from designated provisions of CEQA. The bill would also exempt from those provisions of CEQA the execution of the purchase and sale agreement or the exchange agreement for this property or these buildings if the disposition is not made on an "as is" basis and the close of escrow is contingent on a specified requirement and compliance with CEQA.

(3) This bill would authorize the Director of Finance to provide a General Fund loan in the amount of $500,000 to a certain item of the Budget Act, which relates to the Department of General Services, and to adjust the amounts appropriated in that item that are provided for the purposes of supporting the management of the state's real property assets in order to accommodate any increase in workload or other costs to the Department of General Services to implement this bill. By authorizing adjustments to certain appropriated amounts in the Budget Act, the bill would make an appropriation.

Vote: majority 2/3 . Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 1202.4 of the Penal Code is amended to read:

1202.4. (a) (1) It is the intent of the Legislature that a victim of crime who incurs any economic loss as a result of the commission of a crime shall receive restitution directly from any defendant convicted of that crime.

(2) Upon a person being convicted of any crime in the State of California, the court shall order the defendant to pay a fine in the form of a penalty assessment in accordance with Section 1464.

(3) The court, in addition to any other penalty provided or imposed under the law, shall order the defendant to pay both of the following:

(A) A restitution fine in accordance with subdivision (b).

(B) Restitution to the victim or victims, if any, in accordance with subdivision (f), which shall be enforceable as if the order were a civil judgment.

(b) In every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record.

(1) The restitution fine shall be set at the discretion of the court and commensurate with the seriousness of the offense, but shall not be less than two three hundred dollars ($200) ($300) , and not more than ten thousand dollars ($10,000), if the person is convicted of a felony, and shall not be less than one hundred fifty dollars ($100) ($150) , and not more than one thousand dollars ($1,000), if the person is convicted of a misdemeanor.

(2) In setting a felony restitution fine, the court may determine the amount of the fine as the product of two three hundred dollars ($200) ($300) multiplied by the number of years of imprisonment the defendant is ordered to serve, multiplied by the number of felony counts of which the defendant is convicted.

(c) The court shall impose the restitution fine unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record. A defendant's inability to pay shall not be considered a compelling and extraordinary reason not to impose a restitution fine. Inability to pay may be considered only in increasing the amount of the restitution fine in excess of the two hundred-dollar ($200) three-hundred-dollar ($300) or one hundred-dollar ($100) one-hundred-fifty dollar ($150) minimum. The court may specify that funds confiscated at the time of the defendant's arrest, except for funds confiscated pursuant to Section 11469 of the Health and Safety Code, be applied to the restitution fine if the funds are not exempt for spousal or child support or subject to any other legal exemption.

(d) In setting the amount of the fine pursuant to subdivision (b) in excess of the two hundred-dollar ($200) three-hundred-dollar ($300) or one hundred-dollar ($100) one-hundred-fifty dollar ($150) minimum, the court shall consider any relevant factors including, but not limited to, the defendant's inability to pay, the seriousness and gravity of the offense and the circumstances of its commission, any economic gain derived by the defendant as a result of the crime, the extent to which any other person suffered any losses as a result of the crime, and the number of victims involved in the crime. Those losses may include pecuniary losses to the victim or his or her dependents as well as intangible losses, such as psychological harm caused by the crime. Consideration of a defendant's inability to pay may include his or her future earning capacity. A defendant shall bear the burden of demonstrating his or her inability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required. A separate hearing for the fine shall not be required.

(e) The restitution fine shall not be subject to penalty assessments authorized in Section 1464 or Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, or the state surcharge authorized in Section 1465.7, and shall be deposited in the Restitution Fund in the State Treasury.

(f) Except as provided in subdivisions (q) and (r), in every case in which a victim has suffered economic loss as a result of the defendant's conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court. If the amount of loss cannot be ascertained at the time of sentencing, the restitution order shall include a provision that the amount shall be determined at the direction of the court. The court shall order full restitution unless it finds compelling and extraordinary reasons for not doing so, and states them on the record. The court may specify that funds confiscated at the time of the defendant's arrest, except for funds confiscated pursuant to Section 11469 of the Health and Safety Code, be applied to the restitution order if the funds are not exempt for spousal or child support or subject to any other legal exemption.

(1) The defendant has the right to a hearing before a judge to dispute the determination of the amount of restitution. The court may modify the amount, on its own motion or on the motion of the district attorney, the victim or victims, or the defendant. If a motion is made for modification of a restitution order, the victim shall be notified of that motion at least 10 days prior to the proceeding held to decide the motion.

(2) Determination of the amount of restitution ordered pursuant to this subdivision shall not be affected by the indemnification or subrogation rights of any third party. Restitution ordered pursuant to this subdivision shall be ordered to be deposited to the Restitution Fund to the extent that the victim, as defined in subdivision (k), has received assistance from the Victim Compensation Program pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code.

(3) To the extent possible, the restitution order shall be prepared by the sentencing court, shall identify each victim and each loss to which it pertains, and shall be of a dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendant's criminal conduct, including, but not limited to, all of the following:

(A) Full or partial payment for the value of stolen or damaged property. The value of stolen or damaged property shall be the replacement cost of like property, or the actual cost of repairing the property when repair is possible.

(B) Medical expenses.

(C) Mental health counseling expenses.

(D) Wages or profits lost due to injury incurred by the victim, and if the victim is a minor, wages or profits lost by the minor's parent, parents, guardian, or guardians, while caring for the injured minor. Lost wages shall include any commission income as well as any base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown.

(E) Wages or profits lost by the victim, and if the victim is a minor, wages or profits lost by the minor's parent, parents, guardian, or guardians, due to time spent as a witness or in assisting the police or prosecution. Lost wages shall include any commission income as well as any base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown.

(F) Noneconomic losses, including, but not limited to, psychological harm, for felony violations of Section 288.

(G) Interest, at the rate of 10 percent per annum, that accrues as of the date of sentencing or loss, as determined by the court.

(H) Actual and reasonable attorney's fees and other costs of collection accrued by a private entity on behalf of the victim.

(I) Expenses incurred by an adult victim in relocating away from the defendant, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items. Expenses incurred pursuant to this section shall be verified by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim.

(J) Expenses to install or increase residential security incurred related to a crime, as defined in subdivision (c) of Section 667.5, including, but not limited to, a home security device or system, or replacing or increasing the number of locks.

(K) Expenses to retrofit a residence or vehicle, or both, to make the residence accessible to or the vehicle operational by the victim, if the victim is permanently disabled, whether the disability is partial or total, as a direct result of the crime.

(4) (A) If, as a result of the defendant's conduct, the Restitution Fund has provided assistance to or on behalf of a victim or derivative victim pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, the amount of assistance provided shall be presumed to be a direct result of the defendant's criminal conduct and shall be included in the amount of the restitution ordered.

(B) The amount of assistance provided by the Restitution Fund shall be established by copies of bills submitted to the California Victim Compensation and Government Claims Board reflecting the amount paid by the board and whether the services for which payment was made were for medical or dental expenses, funeral or burial expenses, mental health counseling, wage or support losses, or rehabilitation. Certified copies of these bills provided by the board and redacted to protect the privacy and safety of the victim or any legal privilege, together with a statement made under penalty of perjury by the custodian of records that those bills were submitted to and were paid by the board, shall be sufficient to meet this requirement.

(C) If the defendant offers evidence to rebut the presumption established by this paragraph, the court may release additional information contained in the records of the board to the defendant only after reviewing that information in camera and finding that the information is necessary for the defendant to dispute the amount of the restitution order.

(5) Except as provided in paragraph (6), in any case in which an order may be entered pursuant to this subdivision, the defendant shall prepare and file a disclosure identifying all assets, income, and liabilities in which the defendant held or controlled a present or future interest as of the date of the defendant's arrest for the crime for which restitution may be ordered. The financial disclosure statements shall be made available to the victim and the board pursuant to Section 1214. The disclosure shall be signed by the defendant upon a form approved or adopted by the Judicial Council for the purpose of facilitating the disclosure. Any defendant who willfully states as true any material matter that he or she knows to be false on the disclosure required by this subdivision is guilty of a misdemeanor, unless this conduct is punishable as perjury or another provision of law provides for a greater penalty.

(6) A defendant who fails to file the financial disclosure required in paragraph (5), but who has filed a financial affidavit or financial information pursuant to subdivision (c) of Section 987, shall be deemed to have waived the confidentiality of that affidavit or financial information as to a victim in whose favor the order of restitution is entered pursuant to subdivision (f). The affidavit or information shall serve in lieu of the financial disclosure required in paragraph (5), and paragraphs (7) to (10), inclusive, shall not apply.

(7) Except as provided in paragraph (6), the defendant shall file the disclosure with the clerk of the court no later than the date set for the defendant's sentencing, unless otherwise directed by the court. The disclosure may be inspected or copied as provided by subdivision (b), (c), or (d) of Section 1203.05.

(8) In its discretion, the court may relieve the defendant of the duty under paragraph (7) of filing with the clerk by requiring that the defendant's disclosure be submitted as an attachment to, and be available to, those authorized to receive the following:

(A) Any report submitted pursuant to subparagraph (C) of paragraph (2) of subdivision (b) of Section 1203 or subdivision (g) of Section 1203.

(B) Any stipulation submitted pursuant to paragraph (4) of subdivision (b) of Section 1203.

(C) Any report by the probation officer, or any information submitted by the defendant applying for a conditional sentence pursuant to subdivision (d) of Section 1203.

(9) The court may consider a defendant's unreasonable failure to make a complete disclosure pursuant to paragraph (5) as any of the following:

(A) A circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170.

(B) A factor indicating that the interests of justice would not be served by admitting the defendant to probation under Section 1203.

(C) A factor indicating that the interests of justice would not be served by conditionally sentencing the defendant under Section 1203.

(D) A factor indicating that the interests of justice would not be served by imposing less than the maximum fine and sentence fixed by law for the case.

(10) A defendant's failure or refusal to make the required disclosure pursuant to paragraph (5) shall not delay entry of an order of restitution or pronouncement of sentence. In appropriate cases, the court may do any of the following:

(A) Require the defendant to be examined by the district attorney pursuant to subdivision (h).

(B) If sentencing the defendant under Section 1170, provide that the victim shall receive a copy of the portion of the probation report filed pursuant to Section 1203.10 concerning the defendant's employment, occupation, finances, and liabilities.

(C) If sentencing the defendant under Section 1203, set a date and place for submission of the disclosure required by paragraph (5) as a condition of probation or suspended sentence.

(11) If a defendant has any remaining unpaid balance on a restitution order or fine 120 days prior to his or her scheduled release from probation or 120 days prior to his or her completion of a conditional sentence, the defendant shall prepare and file a new and updated financial disclosure identifying all assets, income, and liabilities in which the defendant holds or controls or has held or controlled a present or future interest during the defendant's period of probation or conditional sentence. The financial disclosure shall be made available to the victim and the board pursuant to Section 1214. The disclosure shall be signed and prepared by the defendant on the same form as described in paragraph (5). Any defendant who willfully states as true any material matter that he or she knows to be false on the disclosure required by this subdivision is guilty of a misdemeanor, unless this conduct is punishable as perjury or another provision of law provides for a greater penalty. The financial disclosure required by this paragraph shall be filed with the clerk of the court no later than 90 days prior to the defendant's scheduled release from probation or completion of the defendant's conditional sentence.

(g) The court shall order full restitution unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record. A defendant's inability to pay shall not be considered a compelling and extraordinary reason not to impose a restitution order, nor shall inability to pay be a consideration in determining the amount of a restitution order.

(h) The district attorney may request an order of examination pursuant to the procedures specified in Article 2 (commencing with Section 708.110) of Chapter 6 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure, in order to determine the defendant's financial assets for purposes of collecting on the restitution order.

(i) A restitution order imposed pursuant to subdivision (f) shall be enforceable as if the order were a civil judgment.

(j) The making of a restitution order pursuant to subdivision (f) shall not affect the right of a victim to recovery from the Restitution Fund as otherwise provided by law, except to the extent that restitution is actually collected pursuant to the order. Restitution collected pursuant to this subdivision shall be credited to any other judgments for the same losses obtained against the defendant arising out of the crime for which the defendant was convicted.

(k) For purposes of this section, "victim" shall include all of the following:

(1) The immediate surviving family of the actual victim.

(2) Any corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity when that entity is a direct victim of a crime.

(3) Any person who has sustained economic loss as the result of a crime and who satisfies any of the following conditions:

(A) At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim.

(B) At the time of the crime was living in the household of the victim.

(C) At the time of the crime was a person who had previously lived in the household of the victim for a period of not less than two years in a relationship substantially similar to a relationship listed in subparagraph (A).

(D) Is another family member of the victim, including, but not limited to, the victim's fiance or fiancee, and who witnessed the crime.

(E) Is the primary caretaker of a minor victim.

(4) Any person who is eligible to receive assistance from the Restitution Fund pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code.

(5) Any governmental entity that is responsible for repairing, replacing, or restoring public or privately owned property that has been defaced with graffiti or other inscribed material, as defined in subdivision (e) of Section 594, and that has sustained an economic loss as the result of a violation of Sections 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code.

(l) At its discretion, the board of supervisors of any county may impose a fee to cover the actual administrative cost of collecting the restitution fine, not to exceed 10 percent of the amount ordered to be paid, to be added to the restitution fine and included in the order of the court, the proceeds of which shall be deposited in the general fund of the county.

(m) In every case in which the defendant is granted probation, the court shall make the payment of restitution fines and orders imposed pursuant to this section a condition of probation. Any portion of a restitution order that remains unsatisfied after a defendant is no longer on probation shall continue to be enforceable by a victim pursuant to Section 1214 until the obligation is satisfied.

(n) If the court finds and states on the record compelling and extraordinary reasons why a restitution fine or full restitution order should not be required, the court shall order, as a condition of probation, that the defendant perform specified community service, unless it finds and states on the record compelling and extraordinary reasons not to require community service in addition to the finding that restitution should not be required. Upon revocation of probation, the court shall impose restitution pursuant to this section.

(o) The provisions of Section 13963 of the Government Code shall apply to restitution imposed pursuant to this section.

(p) The court clerk shall notify the California Victim Compensation and Government Claims Board within 90 days of an order of restitution being imposed if the defendant is ordered to pay restitution to the board due to the victim receiving compensation from the Restitution Fund. Notification shall be accomplished by mailing a copy of the court order to the board, which may be done periodically by bulk mail or electronic mail.

(q) Upon conviction for a violation of Section 236.1, the court shall, in addition to any other penalty or restitution, order the defendant to pay restitution to the victim in any case in which a victim has suffered economic loss as a result of the defendant's conduct. The court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court. In determining restitution pursuant to this section, the court shall base its order upon the greater of the following: the gross value of the victim's labor or services based upon the comparable value of similar services in the labor market in which the offense occurred, or the value of the victim's labor as guaranteed under California law, or the actual income derived by the defendant from the victim's labor or services or any other appropriate means to provide reparations to the victim.

(r) In addition to any other penalty or fine, the court shall order any person who has been convicted of any violation of Section 653h, 653s, 653u, or 653w to make restitution to any owner or lawful producer, or trade association acting on behalf of the owner or lawful producer, of a phonograph record, disc, wire, tape, film, or other device or article from which sounds or visual images are derived that suffered economic loss resulting from the violation. For the purpose of calculating restitution, the value of each nonconforming article or device shall be based on the aggregate wholesale value of lawfully manufactured and authorized devices or articles from which sounds or visual images are devised, unless a higher value can be proved in the case of (1) an unreleased audio work, or (2) an audiovisual work that, at the time of unauthorized distribution, has not been made available in copies for sale to the general public in the United States on a digital versatile disc. The order of restitution shall also include reasonable costs incurred as a result of any investigation of the violation undertaken by the owner, lawful producer, or trade association acting on behalf of the owner or lawful producer. "Aggregate wholesale value" means the average wholesale value of lawfully manufactured and authorized sound or audiovisual recordings. Proof of the specific wholesale value of each nonconforming device or article is not required. SECTION 1. Section 3853.1 is added to the Food and Agricultural Code, to read:

3853.1. There is hereby created District 1b which consists of all of that real property that is a portion of District 1a that is commonly known as the Cow Palace located in Daly City and the City and County of San Francisco. Notwithstanding any other law, any officer of District 1b may also be an officer of District 1a and shall be a resident of District 1a. All otherwise applicable ethical duties, including those in Section 1090 of the Government Code, subdivision (a) of Section 8920 of the Government Code, and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code), shall apply to the officers of both District 1a and District 1b, and shall apply in regard to the transactions contemplated by Section 3853.2. SEC. 2. Section 3853.2 is added to the Food and Agricultural Code, to read:

3853.2. (a) The District 1b Disposition Fund is hereby created in the State Treasury.

(b) (1) The Department of General Services may dispose all or any portion of the real property that composes District 1b. District 1b shall not enter into any contract, lease, or other agreement affecting the use or operation of the real property for a period that exceeds three months, and all of these contracts, leases, or other agreements shall contain a provision that they can be canceled upon a 30-day notice from the Department of General Services. The Department of General Services shall be reimbursed for any reasonable cost or expense incurred for the transactions described in this section.

(2) Additionally to the requirements of paragraph (1), to the extent bonds issued by the State Public Works Board or other entity involve the property to be disposed of pursuant to this section, all issuer and trustee related costs associated with the review of any proposed disposition, together with the costs related to the defeasance or retirement of any bonds, which may include the cost of nationally recognized bond counsel, shall be paid from the proceeds of any disposition authorized by this section. The net proceeds from the disposition shall be deposited into the District 1b Disposition Fund.

(c) The disposition of the real property authorized by this section shall be pursuant to a public bidding process designed to obtain the highest, most certain return for the state from a responsible bidder, and any transaction based on such a bidding process shall be deemed to be the fair market value for the property. A notice of this bidding process shall be posted by the Department of General Services on its Internet Web site for at least 30 days prior to the disposition of the real property. The provisions of Section 11011.1 of the Government Code are not applicable to the disposition of real property authorized under this section.

(d) Thirty days prior to executing a transaction for the disposition of real property authorized by this section, the Director of General Services shall report to the chairs of the fiscal committees of the Legislature all of the following:

(1) The financial terms of the transaction.

(2) A comparison of fair market value for the real property and the terms listed in paragraph (1).

(3) Any basis for agreeing to terms and conditions other than fair market value.

(e) As to the real property disposed of pursuant to this section, the Director of General Services shall except and reserve to the state all mineral deposits, as defined in Section 6407 of the Public Resources Code, together with the right to prospect for, mine, and remove the deposits. If, however, the Director of General Services determines that there is little or no potential for mineral deposits, the reservation may be without surface right of entry above a depth of 500 feet, or the rights to prospect for, mine, and remove the deposits shall be limited to those areas of the real property conveyed that the director determines to be reasonably necessary for the removal of the deposits.

(f) The Department of General Services shall report to the Legislature on or before June 30 of each year on the status of the disposition of real property authorized by this section.

(g) Upon the disposition of all property that composes District 1b, District 1b shall be abolished and all funds in the District 1b Disposition Fund shall be transferred to the General Fund.

(h) (1) The disposition of state real property or buildings specified in subdivision (b) that are made on an "as is" basis shall be exempt from Chapter 3 (commencing with Section 21100) to Chapter 6 (commencing with Section 21165), inclusive, of Division 13 of the Public Resources Code. Upon title to the parcel vesting in the purchaser or transferee of the property, the purchaser or transferee shall be subject to any local governmental land use entitlement approval requirements and to Chapter 3 (commencing with Section 21100) to Chapter 6 (commencing with Section 21165), inclusive, of Division 13 of the Public Resources Code.

(2) If the disposition of state real property or buildings specified in subdivision (b), is not made on an "as is" basis and close of escrow is contingent on the satisfaction of a local governmental land use entitlement approval requirement or compliance by the local government with Chapter 3 (commencing with Section 21100) to Chapter 6 (commencing with Section 21165), inclusive, of Division 13 of the Public Resources Code, the execution of the purchase and sale agreement or of the exchange agreement by all parties to the agreement shall be exempt from Chapter 3 (commencing with Section 21100) to Chapter 6 (commencing with Section 21165), inclusive, of Division 13 of the Public Resources Code.

(3) For the purposes of this section, "disposition" means the sale, lease, exchange, or repurchase of state property or buildings specified in subdivision (b).

(i) The disposition of real property or buildings, or both, pursuant to this section does not constitute a sale or other disposition of state surplus property within the meaning of Section 9 of Article III of the California Constitution and shall not be subject to subdivision (g) of Section 11011 of the Government Code. SEC. 3. The Legislature finds and declares that Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code applies to every transaction undertaken pursuant to the authority of this act. SEC. 4. The Director of Finance may provide a General Fund loan in the amount of five hundred thousand dollars ($500,000) to augment Item 1760-001-0002 of Section 2.00 of the Budget Act of 2009 and may adjust the amounts appropriated in Item 1760-001-0002 of Section 2.00 of the Budget Act of 2009 that are provided for the purposes of supporting the management of the state's real property assets in order to accommodate any increase in workload or other costs to the Department of General Services to implement this act.


Tab 6

AMENDED IN SENATE MAY 06, 2009 - pdf
AMENDED IN ASSEMBLY AUGUST 24, 2009 - pdf
AMENDED IN ASSEMBLY SEPTEMBER 04, 2009 - pdf
AMENDED IN ASSEMBLY JUNE 17, 2010 - pdf
AMENDED IN ASSEMBLY AUGUST 02, 2010 - pdf

SENATE BILL No. 586


Introduced by Senator Yee

FEBRUARY 27, 2009 An act to amend Section 1202.4 of the Penal Code, relating to restitution, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 586, as amended, Yee. Restitution fines. Existing law requires the court, in every case in which a person is convicted of a crime, to impose a separate and additional restitution fine, except under a specified circumstance. Restitution fines are deposited in the Restitution Fund in the State Treasury, and are continuously appropriated to the California Victim Compensation and Government Claims Board for specified purposes. Existing law requires the restitution fine to be not less than $200 if the person is convicted of a felony, and not less than $100 if the person is convicted of a misdemeanor. This bill would increase the minimum restitution fine to $300 if the person is convicted of a felony , and to $150 if the person is convicted of a misdemeanor . By increasing moneys deposited in a continuously appropriated fund, this bill would make an appropriation. Vote: 2/3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1202.4 of the Penal Code is amended to read:

February 27, 2009

An act to amend Section 1202.4 of the Penal Code, relating to restitution, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

SB 586, as amended, Yee. Restitution fines.

Existing law requires the court, in every case in which a person is convicted of a crime, to impose a separate and additional restitution fine, except under a specified circumstance. Restitution fines are deposited in the Restitution Fund in the State Treasury, and are continuously appropriated to the California Victim Compensation and Government Claims Board for specified purposes. Existing law requires the restitution fine to be not less than $200 if the person is convicted of a felony, and not less than $100 if the person is convicted of a misdemeanor.

This bill would increase the minimum restitution fine to $300 if the person is convicted of a felony , and to $150 if the person is convicted of a misdemeanor . By increasing moneys deposited in a continuously appropriated fund, this bill would make an appropriation.

Vote: 2/3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 1202.4 of the Penal Code is amended to read:

1202.4. (a) (1) It is the intent of the Legislature that a victim of crime who incurs any economic loss as a result of the commission of a crime shall receive restitution directly from any defendant convicted of that crime.

(2) Upon a person being convicted of any crime in the State of California, the court shall order the defendant to pay a fine in the form of a penalty assessment in accordance with Section 1464.

(3) The court, in addition to any other penalty provided or imposed under the law, shall order the defendant to pay both of the following:

(A) A restitution fine in accordance with subdivision (b).

(B) Restitution to the victim or victims, if any, in accordance with subdivision (f), which shall be enforceable as if the order were a civil judgment.

(b) In every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record.

(1) The restitution fine shall be set at the discretion of the court and commensurate with the seriousness of the offense, but shall not be less than three hundred dollars ($300), and not more than ten thousand dollars ($10,000), if the person is convicted of a felony, and shall not be less than one hundred fifty dollars ($150) ($100) , and not more than one thousand dollars ($1,000), if the person is convicted of a misdemeanor.

(2) In setting a felony restitution fine, the court may determine the amount of the fine as the product of three hundred dollars ($300) multiplied by the number of years of imprisonment the defendant is ordered to serve, multiplied by the number of felony counts of which the defendant is convicted.

(c) The court shall impose the restitution fine unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record. A defendant's inability to pay shall not be considered a compelling and extraordinary reason not to impose a restitution fine. Inability to pay may be considered only in increasing the amount of the restitution fine in excess of the three-hundred-dollar ($300) or one-hundred-fifty dollar ($150) one-hundred-dollar ($100) minimum. The court may specify that funds confiscated at the time of the defendant' s arrest, except for funds confiscated pursuant to Section 11469 of the Health and Safety Code, be applied to the restitution fine if the funds are not exempt for spousal or child support or subject to any other legal exemption.

(d) In setting the amount of the fine pursuant to subdivision (b) in excess of the three-hundred-dollar ($300) or one-hundred-fifty dollar ($150) one-hundred-dollar ($100) minimum, the court shall consider any relevant factors including, but not limited to, the defendant's inability to pay, the seriousness and gravity of the offense and the circumstances of its commission, any economic gain derived by the defendant as a result of the crime, the extent to which any other person suffered any losses as a result of the crime, and the number of victims involved in the crime. Those losses may include pecuniary losses to the victim or his or her dependents as well as intangible losses, such as psychological harm caused by the crime. Consideration of a defendant' s inability to pay may include his or her future earning capacity. A defendant shall bear the burden of demonstrating his or her inability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required. A separate hearing for the fine shall not be required.

(e) The restitution fine shall not be subject to penalty assessments authorized in Section 1464 or Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, or the state surcharge authorized in Section 1465.7, and shall be deposited in the Restitution Fund in the State Treasury.

(f) Except as provided in subdivisions (q) and (r), in every case in which a victim has suffered economic loss as a result of the defendant's conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court. If the amount of loss cannot be ascertained at the time of sentencing, the restitution order shall include a provision that the amount shall be determined at the direction of the court. The court shall order full restitution unless it finds compelling and extraordinary reasons for not doing so, and states them on the record. The court may specify that funds confiscated at the time of the defendant's arrest, except for funds confiscated pursuant to Section 11469 of the Health and Safety Code, be applied to the restitution order if the funds are not exempt for spousal or child support or subject to any other legal exemption.

(1) The defendant has the right to a hearing before a judge to dispute the determination of the amount of restitution. The court may modify the amount, on its own motion or on the motion of the district attorney, the victim or victims, or the defendant. If a motion is made for modification of a restitution order, the victim shall be notified of that motion at least 10 days prior to the proceeding held to decide the motion.

(2) Determination of the amount of restitution ordered pursuant to this subdivision shall not be affected by the indemnification or subrogation rights of any third party. Restitution ordered pursuant to this subdivision shall be ordered to be deposited to the Restitution Fund to the extent that the victim, as defined in subdivision (k), has received assistance from the Victim Compensation Program pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code.

(3) To the extent possible, the restitution order shall be prepared by the sentencing court, shall identify each victim and each loss to which it pertains, and shall be of a dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendant's criminal conduct, including, but not limited to, all of the following:

(A) Full or partial payment for the value of stolen or damaged property. The value of stolen or damaged property shall be the replacement cost of like property, or the actual cost of repairing the property when repair is possible.

(B) Medical expenses.

(C) Mental health counseling expenses.

(D) Wages or profits lost due to injury incurred by the victim, and if the victim is a minor, wages or profits lost by the minor's parent, parents, guardian, or guardians, while caring for the injured minor. Lost wages shall include any commission income as well as any base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown.

(E) Wages or profits lost by the victim, and if the victim is a minor, wages or profits lost by the minor's parent, parents, guardian, or guardians, due to time spent as a witness or in assisting the police or prosecution. Lost wages shall include any commission income as well as any base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown.

(F) Noneconomic losses, including, but not limited to, psychological harm, for felony violations of Section 288.

(G) Interest, at the rate of 10 percent per annum, that accrues as of the date of sentencing or loss, as determined by the court.

(H) Actual and reasonable attorney's fees and other costs of collection accrued by a private entity on behalf of the victim.

(I) Expenses incurred by an adult victim in relocating away from the defendant, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items. Expenses incurred pursuant to this section shall be verified by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim.

(J) Expenses to install or increase residential security incurred related to a crime, as defined in subdivision (c) of Section 667.5, including, but not limited to, a home security device or system, or replacing or increasing the number of locks.

(K) Expenses to retrofit a residence or vehicle, or both, to make the residence accessible to or the vehicle operational by the victim, if the victim is permanently disabled, whether the disability is partial or total, as a direct result of the crime.

(4) (A) If, as a result of the defendant's conduct, the Restitution Fund has provided assistance to or on behalf of a victim or derivative victim pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, the amount of assistance provided shall be presumed to be a direct result of the defendant's criminal conduct and shall be included in the amount of the restitution ordered.

(B) The amount of assistance provided by the Restitution Fund shall be established by copies of bills submitted to the California Victim Compensation and Government Claims Board reflecting the amount paid by the board and whether the services for which payment was made were for medical or dental expenses, funeral or burial expenses, mental health counseling, wage or support losses, or rehabilitation. Certified copies of these bills provided by the board and redacted to protect the privacy and safety of the victim or any legal privilege, together with a statement made under penalty of perjury by the custodian of records that those bills were submitted to and were paid by the board, shall be sufficient to meet this requirement.

(C) If the defendant offers evidence to rebut the presumption established by this paragraph, the court may release additional information contained in the records of the board to the defendant only after reviewing that information in camera and finding that the information is necessary for the defendant to dispute the amount of the restitution order.

(5) Except as provided in paragraph (6), in any case in which an order may be entered pursuant to this subdivision, the defendant shall prepare and file a disclosure identifying all assets, income, and liabilities in which the defendant held or controlled a present or future interest as of the date of the defendant's arrest for the crime for which restitution may be ordered. The financial disclosure statements shall be made available to the victim and the board pursuant to Section 1214. The disclosure shall be signed by the defendant upon a form approved or adopted by the Judicial Council for the purpose of facilitating the disclosure. Any defendant who willfully states as true any material matter that he or she knows to be false on the disclosure required by this subdivision is guilty of a misdemeanor, unless this conduct is punishable as perjury or another provision of law provides for a greater penalty.

(6) A defendant who fails to file the financial disclosure required in paragraph (5), but who has filed a financial affidavit or financial information pursuant to subdivision (c) of Section 987, shall be deemed to have waived the confidentiality of that affidavit or financial information as to a victim in whose favor the order of restitution is entered pursuant to subdivision (f). The affidavit or information shall serve in lieu of the financial disclosure required in paragraph (5), and paragraphs (7) to (10), inclusive, shall not apply.

(7) Except as provided in paragraph (6), the defendant shall file the disclosure with the clerk of the court no later than the date set for the defendant's sentencing, unless otherwise directed by the court. The disclosure may be inspected or copied as provided by subdivision (b), (c), or (d) of Section 1203.05.

(8) In its discretion, the court may relieve the defendant of the duty under paragraph (7) of filing with the clerk by requiring that the defendant's disclosure be submitted as an attachment to, and be available to, those authorized to receive the following:

(A) Any report submitted pursuant to subparagraph (C) of paragraph (2) of subdivision (b) of Section 1203 or subdivision (g) of Section 1203.

(B) Any stipulation submitted pursuant to paragraph (4) of subdivision (b) of Section 1203.

(C) Any report by the probation officer, or any information submitted by the defendant applying for a conditional sentence pursuant to subdivision (d) of Section 1203.

(9) The court may consider a defendant's unreasonable failure to make a complete disclosure pursuant to paragraph (5) as any of the following:

(A) A circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170.

(B) A factor indicating that the interests of justice would not be served by admitting the defendant to probation under Section 1203.

(C) A factor indicating that the interests of justice would not be served by conditionally sentencing the defendant under Section 1203.

(D) A factor indicating that the interests of justice would not be served by imposing less than the maximum fine and sentence fixed by law for the case.

(10) A defendant's failure or refusal to make the required disclosure pursuant to paragraph (5) shall not delay entry of an order of restitution or pronouncement of sentence. In appropriate cases, the court may do any of the following:

(A) Require the defendant to be examined by the district attorney pursuant to subdivision (h).

(B) If sentencing the defendant under Section 1170, provide that the victim shall receive a copy of the portion of the probation report filed pursuant to Section 1203.10 concerning the defendant's employment, occupation, finances, and liabilities.

(C) If sentencing the defendant under Section 1203, set a date and place for submission of the disclosure required by paragraph (5) as a condition of probation or suspended sentence.

(11) If a defendant has any remaining unpaid balance on a restitution order or fine 120 days prior to his or her scheduled release from probation or 120 days prior to his or her completion of a conditional sentence, the defendant shall prepare and file a new and updated financial disclosure identifying all assets, income, and liabilities in which the defendant holds or controls or has held or controlled a present or future interest during the defendant's period of probation or conditional sentence. The financial disclosure shall be made available to the victim and the board pursuant to Section 1214. The disclosure shall be signed and prepared by the defendant on the same form as described in paragraph (5). Any defendant who willfully states as true any material matter that he or she knows to be false on the disclosure required by this subdivision is guilty of a misdemeanor, unless this conduct is punishable as perjury or another provision of law provides for a greater penalty. The financial disclosure required by this paragraph shall be filed with the clerk of the court no later than 90 days prior to the defendant's scheduled release from probation or completion of the defendant's conditional sentence.

(g) The court shall order full restitution unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record. A defendant's inability to pay shall not be considered a compelling and extraordinary reason not to impose a restitution order, nor shall inability to pay be a consideration in determining the amount of a restitution order.

(h) The district attorney may request an order of examination pursuant to the procedures specified in Article 2 (commencing with Section 708.110) of Chapter 6 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure, in order to determine the defendant's financial assets for purposes of collecting on the restitution order.

(i) A restitution order imposed pursuant to subdivision (f) shall be enforceable as if the order were a civil judgment.

(j) The making of a restitution order pursuant to subdivision (f) shall not affect the right of a victim to recovery from the Restitution Fund as otherwise provided by law, except to the extent that restitution is actually collected pursuant to the order. Restitution collected pursuant to this subdivision shall be credited to any other judgments for the same losses obtained against the defendant arising out of the crime for which the defendant was convicted.

(k) For purposes of this section, "victim" shall include all of the following:

(1) The immediate surviving family of the actual victim.

(2) Any corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity when that entity is a direct victim of a crime.

(3) Any person who has sustained economic loss as the result of a crime and who satisfies any of the following conditions:

(A) At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim.

(B) At the time of the crime was living in the household of the victim.

(C) At the time of the crime was a person who had previously lived in the household of the victim for a period of not less than two years in a relationship substantially similar to a relationship listed in subparagraph (A).

(D) Is another family member of the victim, including, but not limited to, the victim's fiance or fiancee, and who witnessed the crime.

(E) Is the primary caretaker of a minor victim.

(4) Any person who is eligible to receive assistance from the Restitution Fund pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code.

(5) Any governmental entity that is responsible for repairing, replacing, or restoring public or privately owned property that has been defaced with graffiti or other inscribed material, as defined in subdivision (e) of Section 594, and that has sustained an economic loss as the result of a violation of Sections 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code.

(l) At its discretion, the board of supervisors of any county may impose a fee to cover the actual administrative cost of collecting the restitution fine, not to exceed 10 percent of the amount ordered to be paid, to be added to the restitution fine and included in the order of the court, the proceeds of which shall be deposited in the general fund of the county.

(m) In every case in which the defendant is granted probation, the court shall make the payment of restitution fines and orders imposed pursuant to this section a condition of probation. Any portion of a restitution order that remains unsatisfied after a defendant is no longer on probation shall continue to be enforceable by a victim pursuant to Section 1214 until the obligation is satisfied.

(n) If the court finds and states on the record compelling and extraordinary reasons why a restitution fine or full restitution order should not be required, the court shall order, as a condition of probation, that the defendant perform specified community service, unless it finds and states on the record compelling and extraordinary reasons not to require community service in addition to the finding that restitution should not be required. Upon revocation of probation, the court shall impose restitution pursuant to this section.

(o) The provisions of Section 13963 of the Government Code shall apply to restitution imposed pursuant to this section.

(p) The court clerk shall notify the California Victim Compensation and Government Claims Board within 90 days of an order of restitution being imposed if the defendant is ordered to pay restitution to the board due to the victim receiving compensation from the Restitution Fund. Notification shall be accomplished by mailing a copy of the court order to the board, which may be done periodically by bulk mail or electronic mail.

(q) Upon conviction for a violation of Section 236.1, the court shall, in addition to any other penalty or restitution, order the defendant to pay restitution to the victim in any case in which a victim has suffered economic loss as a result of the defendant's conduct. The court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court. In determining restitution pursuant to this section, the court shall base its order upon the greater of the following: the gross value of the victim's labor or services based upon the comparable value of similar services in the labor market in which the offense occurred, or the value of the victim's labor as guaranteed under California law, or the actual income derived by the defendant from the victim's labor or services or any other appropriate means to provide reparations to the victim.

(r) In addition to any other penalty or fine, the court shall order any person who has been convicted of any violation of Section 653h, 653s, 653u, or 653w to make restitution to any owner or lawful producer, or trade association acting on behalf of the owner or lawful producer, of a phonograph record, disc, wire, tape, film, or other device or article from which sounds or visual images are derived that suffered economic loss resulting from the violation. For the purpose of calculating restitution, the value of each nonconforming article or device shall be based on the aggregate wholesale value of lawfully manufactured and authorized devices or articles from which sounds or visual images are devised, unless a higher value can be proved in the case of (1) an unreleased audio work, or (2) an audiovisual work that, at the time of unauthorized distribution, has not been made available in copies for sale to the general public in the United States on a digital versatile disc. The order of restitution shall also include reasonable costs incurred as a result of any investigation of the violation undertaken by the owner, lawful producer, or trade association acting on behalf of the owner or lawful producer. "Aggregate wholesale value" means the average wholesale value of lawfully manufactured and authorized sound or audiovisual recordings. Proof of the specific wholesale value of each nonconforming device or article is not required.