Bill Text: CA AB948 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Local government: community service districts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB948 Detail]
Download: California-2015-AB948-Amended.html
Bill Title: Local government: community service districts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB948 Detail]
Download: California-2015-AB948-Amended.html
BILL NUMBER: AB 948 AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 5, 2015 AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Member Patterson FEBRUARY 26, 2015 An act to amend Section 61040 of, and to add Section 61040.3 to, the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGEST AB 948, as amended, Patterson. Local government: community service districts. The Community Services District Law authorizes the establishment of community services districts to provide various services to the geographic area within each district, and further authorizes specified community services districts to enforce covenants, conditions, and restrictions within that district, as provided. Existing law requires the board of directors of the district to consist of 5 people, and requires, among other things, that each member of the board of directors be a voter of the district, as specified. This bill would authorize a person to serve on the Board of Directors of the Sierra Cedars Community Services District if he or she holds title to land within the district. This bill would make legislative findings and declarations as to the necessity of a special statute for Sierra Cedars 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, as amended by Section 1 of Chapter 505 of the Statutes of 2014, is amended to read: 61040. (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 61040.3, 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 of the Government Code, as added by Section 2 of Chapter 505 of the Statutes of 2014, is amended 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) Except as provided in Section 61040.3, 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 61040.3 is added to the Government Code, to read: 61040.3. Notwithstanding subdivision (b) of Section 61040, a person may be a candidate for the board of directors of the Sierra Cedars Community Services District if he or she holds title to land within the district. SEC. 4. The Legislature finds and declaresthatboth of the following: (a) 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 relating to the types of residences within the Sierra Community Services District. (b) That this act does not prohibit a registered voter within the Sierra Cedars Community Services District from being a qualified candidate for the board of that district, regardless of whether he or she owns property within the district.