Official Summary Text
SB 423, as amended, Gonzalez.
Housing: real property transfer taxes: affordability covenants.
California Public Records Act: private detention facilities.
Existing law, the California Public Records Act, requires each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, to make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable, except with respect to public records exempt from disclosure by express provisions of law. Existing law requires, upon request, an exact copy to be provided unless it is impracticable to do so.
This bill would specify that certain records maintained by a state or local agency that relate to private detention facilities, as defined, including any audio or video recording of any telephonic or other
call that reports or describes an incident, as defined, occurring at a private detention facility, are not confidential, and would require an agency to disclose those records upon request to any member of the public. By requiring agencies to disclose certain records to the public, the bill would increase the duties of local officials and create a state-mandated local program.
Existing law requires each agency, within 10 days of a request for a copy of records, to determine whether the request seeks copies of disclosable public records in possession of the agency and to promptly notify the person of the determination and the reasons therefor. If the agency determines that the request seeks disclosable public records, existing law requires the agency to also state the estimated date and time when the records will be made available. Existing law authorizes that time limit to be extended by no more than 14 days under unusual circumstances, as defined.
This bill would exempt the above-described records relating to private detention facilities from those provisions. The bill would correct an erroneous cross-reference related to those provisions.
Existing law specifies that, except as provided, the act does not require the disclosure of records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, the Office of Emergency Services and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes.
This bill would also except the above-described requirements relating to records relating to private detention
facilities from that provision.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)
Existing law, the Zenovich-Moscone-Chacon Housing and Home Finance Act, among other things, establishes the Department of Housing and Community Development and requires it to administer various programs intended to promote the development of housing and to provide housing assistance and home loans. Existing law sets forth various general powers of the department in implementing these programs, including authorizing the department to enter into long-term contracts or agreements of up to 30 years for the purpose of servicing loans or grants or enforcing regulatory agreements or other security documents. Existing law creates the California Housing Finance Agency within the Business, Consumer Services, and Housing Agency and authorizes the agency to make loans to finance affordable housing.
This bill would allow a state
or local agency administering an affordable housing program to enter into or modify a provision of a regulatory agreement regarding curing an event of default, if prescribed conditions apply. The bill would exempt a regulatory agreement entered into or altered pursuant to its provisions from any conflicting land use restriction, declaration of restrictive covenants, deed restriction, or similar instrument, as provided. The bill would specify that its provisions are not to be construed to supersede any other law governing the foreclosure of deeds of trust or mortgages and the extinguishment of junior interests.
The bill would include findings that these changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
(2)
Existing statutory law, enacted by Proposition 62, as
approved by the voters at the November 4, 1986, statewide general election, prohibits a local government or district from imposing any transaction tax or sales tax on the sale of real property within the city, county, or district, except as provided. The California Constitution authorizes cities organized under a charter to make and enforce all ordinances and regulations with respect to municipal affairs, which supersede inconsistent general laws. Existing law, the Documentary Transfer Tax Act, authorizes the imposition of a tax by a county or city, as provided, with respect to specified instruments that transfer specified interests in real property.
This bill would prohibit the City of Los Angeles from imposing a documentary transfer tax greater than a specified rate on a deed, instrument, or writing that conveys real property that was issued its first certificate of occupancy within the previous 15 years, except as provided. The bill would authorize the City of
Los Angeles to impose a documentary transfer tax at greater than a specified rate on a deed, instrument, or writing that conveys real property unless the real property is a single-family housing property, as defined, and meets specified conditions, including that the dwelling unit on the single-family housing property was destroyed by a disaster that resulted in a declared local emergency. The bill would make these provisions operative on a specified date, but only if certain conditions are satisfied, as provided.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles.