Bill Text: CA AB386 | 2015-2016 | Regular Session | Amended
Bill Title: Tulelake Irrigation District.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB386 Detail]
Download: California-2015-AB386-Amended.html
BILL NUMBER: AB 386 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 24, 2015
INTRODUCED BY Assembly Member Dahle
(Coauthor: Senator Gaines)
FEBRUARY 18, 2015
An act to add Section 20527.14 to the Water Code, relating to
water.
LEGISLATIVE COUNSEL'S DIGEST
AB 386, as amended, Dahle. Tulelake Irrigation District.
The Irrigation District Law provides for the formation of
irrigation districts with prescribed powers. The district law
generally requires a director on the board of an irrigation district
to be a voter, landowner, and resident in the division of the
district that the director represents.
This bill would provide that , for the Tulelake
Irrigation District , every owner of real property
assessed by the district and located within its boundaries,
district, but no others, is authorized to vote
at district elections for directors.
director, as prescribed. The bill would provide that a director
of the Tulelake Irrigation District , at the time of his or her
nomination or appointment and through his or her entire term,
is required to be a registered voter in the state
California , reside within the territory of the
district or within 10 miles of the exterior boundaries
of the district and within California , and be a landowner
, or a specified legal representative of a landowner,
within the division he or she represents at the time of his
or her nomination or appointment and through his or her entire term.
represents. By imposing requirements on the
district and the county in connection with
district elections, this bill would impose a state-mandated local
program.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 20527.14 is added to the Water Code, to read:
20527.14. (a) This section only applies to the Tulelake
Irrigation District. For the purposes of this section, the following
terms have the following meanings:
(1) "Assessed farm unit" means each acre assessed by the district.
(2)
(1) "Corporation" includes partnerships,
limited liability companies, public agencies, as well as other legal
entities means any legal entity, public, or private,
properly organized under the laws of the state in which
they were created it was created, that
are is allowed to own real property
in California .
(3)
(2) "District" means the Tulelake Irrigation District
, originally formed as Tule Lake Irrigation District .
(4) "Legal representative" means an official of a corporation
owning real property or a guardian, conservator, executor, or
administrator of the estate or the holder of title to real property
who is appointed under the laws of the state, entitled to the
possession of the estate's property, and authorized by the appointing
court to exercise the particular right, privilege, or immunity that
he or she seeks to exercise.
(3) "Legal representative" means a person authorized to act for or
on behalf of a corporation, estate, or trust holding title to land
within the district.
(4) "Residency area" means both of the following:
(A) Land within the exterior boundaries of the district.
(B) Land within 10 miles of the exterior boundaries of the
district and within California.
(b) Notwithstanding Section 20527 or any other law, every owner of
real property assessed by the district and located within
its boundaries, district, but no others, may
vote at district elections for directors.
director. An owner need not be a resident of the division
or district in order to qualify as a voter. A
The number of votes a voter shall be entitled to
cast one vote, which will be assigned a vote value
shall be based upon the acreage of the
voter's assessed farm unit total number of assessed
acres owned by the voter in the division as follows:
(1) For 10 50 or fewer assessed
farm units, the vote value is one acres, one
vote .
(2) For more than 10 and 25 or fewer assessed farm units,
the vote value is two 50, but not more than 250
assessed acres, two votes .
(3) For more than 25 and 40 or fewer 250
assessed farm units, the vote value is three
acres, three votes .
(4) For more than 40 and 70 or fewer assessed farm units, the vote
value is four.
(5) For more than 70 and 100 or fewer assessed farm units, the
vote value is five.
(6) For more than 100 assessed farm units, the vote value is six.
(c) The last equalized assessment roll prepared by the
district Tulelake Irrigation District Assessment Roll
is conclusive evidence of ownership and of
the number of farm units owned. assessed
acres owned by the voter in the division.
(d) (1) If land is owned in joint tenancy, tenancy in common, or
any other multiple ownership, the owners of the land shall designate,
in writing as specified in paragraph (2), which one of the owners is
deemed the owner of the land for purposes of qualifying as a voter.
(2) The designation shall be made upon a form provided by the
district and shall be filed with the district at least 40 days prior
to the election and shall remain in effect until amended or revoked.
No amendment or revocation may occur within the period of 39 days
prior to an election.
(e) The legal representative of a corporation, estate, or trust
owning real property may vote on behalf of the corporation or estate,
including when the entity is a designee pursuant to subdivision (d).
Before a legal representative votes at a district election, he or
she shall present to the precinct board
district a copy of his or her authority that shall be kept and
filed with the returns of the election.
(f) Every voter, or his or her legal representative, may vote at
any district election either in person or by a person appointed as
his or her proxy. The appointment of a proxy shall be as provided in
Section 35005.
(g) Notwithstanding Section 21100 or any other law, each director
of the district shall be shall, at
the time of his or her nomination or appointment and through his or
her entire term, meet all of the following requirements:
(1) Be a registered voter in
the state, reside California.
(2) Reside within the
territory of the district, and be residency area.
(3) Be a landowner within the
division he or she represents at the time of his or her
nomination or appointment and through his or her entire term.
or a legal representative of a landowner within the
division he or she represents.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
