Bill Text: CA AB2455 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: The Santa Rita Hills Community Services District.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-20 - Chaptered by Secretary of State - Chapter 505, Statutes of 2014. [AB2455 Detail]

Download: California-2013-AB2455-Amended.html

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BILL NUMBER: AB 2455	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 10, 2014

INTRODUCED BY   Assembly Member Williams

                        FEBRUARY 21, 2014

   An act to amend, repeal, and add Section 61040 of, and to add and
repeal Section 61040.1 of, the Government Code, relating to community
services districts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2455, as amended, Williams. The Santa Rita Hills Community
Services District.
   The Community Services District Law specifies the procedures for
district formation, procedures for the selection of district
governing board members, the powers and duties of the board, and the
procedures for changing those powers and duties. Existing law
 prohibits a person who is not a voter of the district or the
proposed district from being a candidate for the board of directors
  requires the board of directors of each district to
consist of 5 members  .
   This bill would  provide that,   authorize,
 until January 1, 2035,  in addition to persons who are
voters in the district, a person who is otherwise qualified to vote
and who also owns property in the district may be a candidate for
 the board of directors of the Santa Rita Hills Community
Services District  to consist of 3 members  .
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the Santa Rita Hills Community
Services District.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 61040 of the Government Code is amended to
read:
   61040.  (a)  A   Except as provided in
Section 61040.1, a  legislative body of five members known as
the board of directors shall govern each district. The board of
directors shall establish policies for the operation of the district.
The board of directors shall provide for the implementation of those
policies which is the responsibility of the district's general
manager.
   (b)  Except as provided in Section 61040.1, no 
 No    person shall be a candidate for the board of
directors unless he or she is a voter of the district or the
proposed district. No person shall be a candidate for the board of
directors that is elected by divisions or from divisions unless he or
she is a voter of that division or proposed division.
   (c) All members of the board of directors shall exercise their
independent judgment on behalf of the interests of the entire
district, including the residents, property owners, and the public as
a whole in furthering the purposes and intent of this division.
Where the members of the board of directors have been elected by
divisions or from divisions, they shall represent the interests of
the entire district and not solely the interests of the residents and
property owners in their divisions.
   (d) Service on a municipal advisory council established pursuant
to Section 31010 or service on an area planning commission
established pursuant to Section 65101 shall not be considered an
incompatible office with service as a member of a board of directors.

   (e) A member of the board of directors shall not be the general
manager, the district treasurer, or any other compensated employee of
the district, except for volunteer firefighters as provided by
Section 53227.
   (f) This section shall be repealed on January 1, 2035.
  SEC. 2.  Section 61040 is added to the Government Code, to read:
   61040.  (a) A legislative body of five members known as the board
of directors shall govern each district. The board of directors shall
establish policies for the operation of the district. The board of
directors shall provide for the implementation of those policies
which is the responsibility of the district's general manager.
   (b) No person shall be a candidate for the board of directors
unless he or she is a voter of the district or the proposed district.
No person shall be a candidate for the board of directors that is
elected by divisions or from divisions unless he or she is a voter of
that division or proposed division.
   (c) All members of the board of directors shall exercise their
independent judgment on behalf of the interests of the entire
district, including the residents, property owners, and the public as
a whole in furthering the purposes and intent of this division.
Where the members of the board of directors have been elected by
divisions or from divisions, they shall represent the interests of
the entire district and not solely the interests of the residents and
property owners in their divisions.
   (d) Service on a municipal advisory council established pursuant
to Section 31010 or service on an area planning commission
established pursuant to Section 65101 shall not be considered an
incompatible office with service as a member of a board of directors.

   (e) A member of the board of directors shall not be the general
manager, the district treasurer, or any other compensated employee of
the district, except for volunteer firefighters as provided by
Section 53227.
   (f) This section shall become operative on January 1, 2035.
  SEC. 3.  Section 61040.1 is added to the Government Code, to read:
   61040.1.  (a)  No person shall be a candidate for the
  The  board of directors of the Santa Rita Hills
Community Services District  unless he or she is a voter of
the district, or is an individual who is otherwise qualified to vote
and who owns property in the district. Eligibility shall be
determined using the last Santa Barbara County equalized assessment
roll preceding the election   may consist of three 
 members  .
   (b) This section shall be repealed on January 1, 2035.
  SEC. 4.  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 that exist  in 
 with respect to the composition of the board of directors of
 the Santa Rita Hills Community Services District.