Bill Text: CA AB2166 | 2009-2010 | Regular Session | Enrolled

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Bill Title: Joint powers agreement: public agencies.

Spectrum: Bipartisan Bill

Status: (Vetoed) 2010-09-23 - Vetoed by Governor. [AB2166 Detail]

Download: California-2009-AB2166-Enrolled.html

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BILL NUMBER: AB 2166	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 18, 2010
	PASSED THE ASSEMBLY  AUGUST 19, 2010
	AMENDED IN SENATE  AUGUST 2, 2010

INTRODUCED BY   Assembly Member Chesbro
   (Coauthor: Senator Hollingsworth)

                        FEBRUARY 18, 2010

   An act to amend Section 6529 of the Government Code, relating to
joint exercise of powers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2166, Chesbro. Joint powers agreement: public agencies.
   Existing law authorizes the Elk Valley Rancheria Tribal Council,
as the governing body of the Elk Valley Rancheria, California, a
federally recognized Indian tribe, to enter into a joint powers
agreement with the County of Del Norte and the City of Crescent City,
or both, and deems that joint powers agency to be a public agency
for this purpose. Existing law also prohibits the joint powers
authority from authorizing or issuing bonds pursuant to the
Marks-Roos Local Bond Pooling Act of 1985, unless the funded public
improvements will be owned and maintained by the authority or one or
more public agency members and the revenue streams pledged to repay
the bonds derived from the authority or one or more of its public
agency members.
   This bill would authorize the Smith River Rancheria Tribal
Council, as the governing body of the Smith River Rancheria,
California, a federally recognized Indian tribe, to enter into a
joint powers agreement to participate in the Border Coast Regional
Airport Authority, and would extend the prohibition against issuing
bonds for public improvements except under specified circumstances to
this authority.


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

  SECTION 1.  Section 6529 of the Government Code is amended to read:

   6529.  (a) (1) The Elk Valley Rancheria Tribal Council, as the
governing body of the Elk Valley Rancheria, California, a federally
recognized Indian tribe, may enter into a joint powers agreement with
the County of Del Norte and the City of Crescent City, or both, and
shall be deemed to be a public agency for purposes of this chapter.
   (2) The Smith River Rancheria Tribal Council, as the governing
body of the Smith River Rancheria, California, a federally recognized
Indian tribe, may enter into a joint powers agreement to participate
in the Border Coast Regional Airport Authority, and, for that
purpose, shall be deemed to be a public agency for purposes of this
chapter.
   (b) On and after January 1, 2004, the joint powers authority
created pursuant to subdivision (a) shall not have the power to
authorize or issue bonds pursuant to the Marks-Roos Local Bond
Pooling Act of 1985 (Article 4 (commencing with Section 6584) of
Chapter 5 of Division 7) unless the public improvements to be funded
by the bonds will be owned and maintained by the authority or one or
more of its public agency members, and the revenue streams pledged to
repay the bonds derive from the authority or one or more of its
public agency members.
  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances affecting the Smith River
Rancheria Tribal Council.