California 2017-2018 Regular Session Status: To Executive

SB 42 — Public lands: Martins Beach: property acquisition.

Last action — Last day to consider Governor’s veto pursuant to Joint Rule 58.5.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law establishes the State Lands Commission in the Natural Resources Agency, and vests with the commission control over specified state lands, including coastal lands. Existing law requires the commission to consult, and enter into any necessary negotiations, with the owners of a specified property known as the Martins Beach property, as described, in the unincorporated area of the County of San Mateo, to acquire a right-of-way or easement for the creation of a public access route to and along the shoreline, including the sandy beach. Existing law authorizes the commission, if it is unable to reach an agreement to acquire the right-of-way or easement for the creation of that public access route or the owners do not voluntarily provide access by January 1, 2016, to acquire a right-of-way or easement for the creation of that public access route at Martins Beach, in accordance with specified procedures. Existing law, the Kapiloff Land Bank Act, creates the Land Bank Fund and continuously appropriates moneys in the fund, subject to a statutory trust, to the commission, acting as the Land Bank Trustee, to acquire real property or any interest in real property for the purposes of public trust title settlements. Existing law requires that moneys in the fund be available for expenditure by the trustee to purchase outstanding interests in land where the public use and ownership of the land is necessary or extremely beneficial for furtherance of public trust purposes. Existing law authorizes acquisitions by negotiated agreement with the owner of the outstanding interests and specifies that the act is not intended to confer any authority to exercise the power of eminent domain for its purposes. This bill would create the Martins Beach Subaccount in the fund, and would require that moneys received from public and private sources, including nonprofit sources, to be used for the creation of that public access route be deposited into that subaccount and continuously appropriated to the commission for expenditure to acquire that right-of-way or easement, as prescribed, and be expended in accordance with a specified priority. The bill would also authorize the commission to transfer moneys from the fund to the subaccount, in an amount not to exceed $1,000,000, for expenditure for that public access route, and would permit the commission to acquire the right-of-way or easement necessary for the creation of that public access route, as prescribed. The bill would authorize the commission to deposit into the subaccount and expend specified moneys received from the County of San Mateo for purposes related to the creation of that public access route. (2) This bill would make legislative findings and declarations as to the necessity of a special statute for Martins Beach. (3) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Last day to consider Governor’s veto pursuant to Joint Rule 58.5.

  2. In Senate. Consideration of Governor's veto pending.

  3. Vetoed by the Governor.

  4. Enrolled and presented to the Governor at 3:30 p.m.

  5. Assembly amendments concurred in. (Ayes 28. Noes 12. Page 2690.) Ordered to engrossing and enrolling.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Urgency clause adopted. Passed. (Ayes 57. Noes 20. Page 3049.) Ordered to the Senate.

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 11. Noes 5.) (September 1).

  10. July 19 set for first hearing. Placed on APPR. suspense file.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (July 11). Re-referred to Com. on APPR.

  12. Read second time and amended. Re-referred to Com. on JUD.

  13. From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 6. Noes 1.) (June 19).

  14. Referred to Coms. on NAT. RES. and JUD.

  15. In Assembly. Read first time. Held at Desk.

  16. Read third time. Urgency clause adopted. Passed. (Ayes 28. Noes 11. Page 1345.) Ordered to the Assembly.

  17. Published May 26 at 10 a.m.

  18. Read second time and amended. Ordered to third reading.

  19. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1176.) (May 25).

  20. Set for hearing May 25.

  21. April 3 hearing: Placed on APPR. suspense file.

  22. Set for hearing April 3.

  23. Read second time and amended. Re-referred to Com. on APPR.

  24. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 1. Page 363.) (March 14).

  25. From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W.

  26. Set for hearing March 14.

  27. Referred to Com. on N.R. & W.

  28. From printer. May be acted upon on or after January 5.

  29. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Hill · Primary
  • Mullin · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 10 voted No

Sponsors (1)

  • Hill

Co-sponsors (1)

  • Mullin

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB42 Hill et al. Urgency Clause Concurrence

Passed 28 Yea · 12 Nay
Party YeaNayPresentNot Voting
Unaffiliated 241100
Democratic 4100
Total 281200
% of votes cast 70%30%0%0%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Bradford — Yea
Hueso — Yea
Leyva — Yea
Monning — Yea
Fuller — Nay
Galgiani — Yea
Glazer — Yea
Hernandez — Yea
Hertzberg — Yea
Hill — Yea
Lara — Yea
Allen — Yea
De León — Yea
Cannella — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Mendoza — Yea
Dodd — Yea
Newman — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Wieckowski — Yea
Moorlach — Nay
Bates — Nay
Morrell — Nay
Nielsen — Nay
Vidak — Nay
Wilk — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

SB 42 Hill Third Reading Urgency By MULLIN

Passed 57 Yea · 20 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 421600
Democratic 15000
Republican 0402
Total 572002
% of votes cast 72%25%0%3%
How each member voted (79)
Member Party Vote
Acosta — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Levine — Yea
Maienschein — Yea
Mathis — Nay
Obernolte — Nay
Ridley-Thomas — Yea
Steinorth — Nay
Thurmond — Yea
Voepel — Nay
Eggman — Yea
Cooley — Yea
Cunningham — Nay
Dababneh — Yea
Daly — Yea
Gloria — Yea
Chiu — Yea
Holden — Yea
Jones-Sawyer — Yea
Rubio — Yea
Frazier — Yea
Friedman — Yea
Salas — Yea
Bocanegra — Yea
Burke — Yea
Gray — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Harper — Nay
Kiley — Nay
Low — Yea
Fong — Nay
Mayes — Nay
McCarty — Yea
Medina — Yea
Melendez — Nay
Baker — Yea
Chu — Yea
Chávez — Nay
Cooper — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Wood — Yea
Mullin — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Not Voting
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 11 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8401
Democratic 3000
Republican 0100
Total 11501
% of votes cast 65%29%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Brough — Nay
Eggman — Yea
Friedman — Yea
Jones-Sawyer — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
Obernolte — Nay
Fong — Nay
Gray — Not Voting
Chau — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

3rd Reading SB42 Hill et al. Urgency Clause

Passed 28 Yea · 11 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 241001
Democratic 4100
Total 281101
% of votes cast 70%28%0%3%
How each member voted (40)
Member Party Vote
Hernandez — Yea
Hill — Yea
Mendoza — Yea
Morrell — Nay
Nielsen — Nay
Vidak — Nay
Wieckowski — Yea
Glazer — Yea
Galgiani — Yea
Hertzberg — Yea
Cannella — Yea
Hueso — Yea
Dodd — Yea
Allen — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Lara — Yea
Leyva — Yea
Anderson — Nay
Beall — Yea
Bradford — Yea
Monning — Yea
Newman — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Wilk — Nay
Fuller — Nay
Bates — Nay
Moorlach — Nay
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Beall — Yea
Bradford — Yea
Hill — Yea
Nielsen — Nay
Lara — Yea
Bates — Nay
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Bradford — Yea
Lara — Yea
Hill — Yea
Beall — Yea
Nielsen — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

public-safety environment
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Frequently asked questions

What does SB 42 do?
(1) Existing law establishes the State Lands Commission in the Natural Resources Agency, and vests with the commission control over specified state lands, including coastal lands. Existing law requires the commission to consult, and enter into any necessary negotiations, with the owners of a specified property known as the Martins Beach property, as described, in the unincorporated area of the County of San Mateo, to acquire a right-of-way or easement for the creation of a public access route to and along the shoreline, including the sandy beach. Existing law authorizes the commission, if it is unable to reach an agreement to acquire the right-of-way or easement for the creation of that public access route or the owners do not voluntarily provide access by January 1, 2016, to acquire a right-of-way or easement for the creation of that public access route at Martins Beach, in accordance with specified procedures. Existing law, the Kapiloff Land Bank Act, creates the Land Bank Fund and continuously appropriates moneys in the fund, subject to a statutory trust, to the commission, acting as the Land Bank Trustee, to acquire real property or any interest in real property for the purposes of public trust title settlements. Existing law requires that moneys in the fund be available for expenditure by the trustee to purchase outstanding interests in land where the public use and ownership of the land is necessary or extremely beneficial for furtherance of public trust purposes. Existing law authorizes acquisitions by negotiated agreement with the owner of the outstanding interests and specifies that the act is not intended to confer any authority to exercise the power of eminent domain for its purposes. This bill would create the Martins Beach Subaccount in the fund, and would require that moneys received from public and private sources, including nonprofit sources, to be used for the creation of that public access route be deposited into that subaccount and continuously appropriated to the commission for expenditure to acquire that right-of-way or easement, as prescribed, and be expended in accordance with a specified priority. The bill would also authorize the commission to transfer moneys from the fund to the subaccount, in an amount not to exceed $1,000,000, for expenditure for that public access route, and would permit the commission to acquire the right-of-way or easement necessary for the creation of that public access route, as prescribed. The bill would authorize the commission to deposit into the subaccount and expend specified moneys received from the County of San Mateo for purposes related to the creation of that public access route. (2) This bill would make legislative findings and declarations as to the necessity of a special statute for Martins Beach. (3) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 42?
SB 42 is sponsored by Hill and Mullin.
What is the current status of SB 42?
This bill died with 2017-2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 42?
Track SB 42 free on One Click Politics — get push/email alerts when it moves.

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