Bill Text: CA AB979 | 2017-2018 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Local agency formation commissions: district representation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-09-01 - Chaptered by Secretary of State - Chapter 203, Statutes of 2017. [AB979 Detail]
Download: California-2017-AB979-Amended.html
NOYES
Local Program:
NOYES
If an independent special district adopts a resolution proposing representation of independent special districts upon the commission, it shall immediately forward a copy of the resolution to the executive officer. UponSECTION 1. Section 56001 of the Government Code is amended to read: 56001.
Bill Title: Local agency formation commissions: district representation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-09-01 - Chaptered by Secretary of State - Chapter 203, Statutes of 2017. [AB979 Detail]
Download: California-2017-AB979-Amended.html
|
Amended
IN
Assembly
April 04, 2017 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 979 |
| Introduced by Assembly Member Lackey |
February 16, 2017 |
An act to amend Section 56001 Sections 56332 and 56332.5 of the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 979, as amended, Lackey.
Local government. Local agency formation commissions: district representation.
Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, provides the sole and exclusive authority and procedure for the initiation, conduct, and completion of changes of organization and reorganization for cities and districts and makes related findings and declarations. for the selection of representatives of independent special districts on each local agency formation commission by an independent special district selection committee pursuant to a nomination and election process. Existing law requires the executive officer of the commission to call and hold a meeting of the special district selection committee upon, among other things, receipt of a written request by one or more members of
the selection committee, as specified.
Existing law dissolves redevelopment agencies and community development agencies, as of February 1, 2012, and designates successor agencies, as defined. Existing law requires each successor agency to have an oversight board that is composed of 7 members who meet certain qualifications, including one member appointed by the independent special district selection committee.
This bill would additionally require the executive officer to call and hold a meeting of the special district selection committee upon receipt of a written request by one or more members of the selection committee notifying the executive officer of a pending vacancy for the member representing independent special districts on an oversight board. By increasing the duties of the executive officer, this bill would
impose a state-mandated local program.
Existing law requires the selection committee to appoint 2 regular members and one alternate member to the commission and provides that service on the commission by a regular district member does not disqualify, and is not cause for disqualification of, the member from acting on proposals affecting the special district on whose legislative body the member serves.
This bill would provide that those provisions additionally apply to an alternate member.
Existing law requires the commission, if it does not have representation from independent special districts on January 1, 2001, to initiate proceedings for representation of those
districts upon the commission if requested by independent special districts, and specifies the procedures for those proceedings.
This bill would revise the procedures for special district representatives to initiate those proceedings, and would authorize the commission to combine proceedings for appointing a member representing independent special districts on an oversight board pursuant to those proceedings, as specified.
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.
This bill would make nonsubstantive changes to those findings and declarations.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 56332 of the Government Code is amended to read:56332.
(a) The independent special district selection committee shall consist of the presiding officer of the legislative body of each independent special district. However, if the presiding officer of an independent special district is unable to participate in a meeting or election of the independent special district selection committee, the legislative body of the district may appoint one of its members as an alternate to participate in the selection committee in the presiding officer’s place. Those districts shall include districts located wholly within the county and those containing territory within the county representing 50 percent or more of the assessed value of taxable property of the district, as shown on the last equalized county assessment roll. Each member of the committee shall be entitled to one vote for each independent special district of which he or she is the presiding officer or his or her alternate as designated by the governing body. Members representing a majority of the eligible districts shall constitute a quorum.(b) The executive officer shall call and give written notice of all meetings of the members of the selection committee. A meeting shall be called and held under one of the following circumstances:
(1) Whenever the executive officer anticipates that a vacancy will occur within the next 90 days among the members or alternate member representing independent special districts on the commission.
(2) Whenever a vacancy exists among the members or alternate member representing independent special districts upon the commission.
(3) Upon receipt
of a written request by one or more members of the selection committee representing districts having 10 percent or more of the assessed value of taxable property within the county, as shown on the last equalized county assessment roll.
(4) Upon receipt of a written request by one or more members of the selection committee notifying the executive officer of a pending vacancy for the member representing independent special districts on an oversight board pursuant to paragraph (3) of subdivision (j) of Section 34179 of the Health and Safety Code.
(c) The selection committee shall appoint two regular members and one alternate member to the commission. The members so appointed shall be elected or appointed members of the legislative body of an independent special district
residing within the county but shall not be members of the legislative body of a city or county. If one of the regular district members is absent from a commission meeting or disqualifies himself or herself from participating in a meeting, the alternate district member may serve and vote in place of the regular district member for that meeting. Service on the commission by a regular district member shall not disqualify, or be cause for disqualification of, the member from acting on proposals affecting the special district on whose legislative body the member serves. The special district selection committee may, at the time it appoints a member or alternate, provide that the member or alternate is disqualified from voting on proposals affecting the district on whose legislative body the member serves.
(d) If the office of a regular district member becomes vacant,
the alternate member may serve and vote in place of the former regular district member until the appointment and qualification of a regular district member to fill the vacancy.
(e) A majority of the independent special district selection committee may determine to conduct the committee’s business by mail, including holding all elections by mailed ballot, pursuant to subdivision (f).
(f) If the independent special district selection committee has determined to conduct the committee’s business by mail or if the executive officer determines that a meeting of the special district selection committee, for the purpose of appointing the special district members or filling vacancies, committee
is not feasible, the executive officer shall conduct the business of the committee by mail. Elections by mail shall be conducted as provided in this subdivision.
(1) The executive officer shall prepare and deliver a call for nominations to each eligible district. The presiding officer, or his or her alternate as designated by the governing body, may respond in writing by the date specified in the call for nominations, which date shall be at least 30 days from the date on which the executive officer mailed the call for nominations to the eligible district.
(2) At the end of the nominating period, if only one candidate is nominated for a vacant seat, that candidate shall be deemed appointed. If two or more candidates are nominated, the executive officer shall prepare and deliver one ballot and voting instructions to each eligible district. The ballot shall include
the names of all nominees and the office for which each was nominated. Each presiding officer, or his or her alternate as designated by the governing body, shall return the ballot to the executive officer by the date specified in the voting instructions, which date shall be at least 30 days from the date on which the executive officer mailed the ballot to the eligible district.
(3) The call for nominations, ballots, and voting instructions shall be delivered by certified mail to each eligible district. As an alternative to the delivery by certified mail, the executive officer, with prior concurrence of the presiding officer or his or her alternate as designated by the governing body, may transmit materials by electronic mail.
(4) If the executive officer has transmitted the call for nominations or ballots by electronic mail, the presiding officer, or his or her alternate as
designated by the governing body, may respond to the executive officer by electronic mail.
(5) Each returned nomination and ballot shall be signed by the presiding officer or his or her alternate as designated by the governing body of the eligible district.
(6) For an election to be valid, at least a quorum of the special districts must submit valid ballots. The candidate receiving the most votes shall be elected, unless another procedure has been adopted by the selection committee. Any nomination and ballot received by the executive officer after the date specified is invalid, provided, however, that if a quorum of ballots is not received by that date, the executive officer shall extend the date to submit ballots by 60 days and notify all districts of the extension. The executive officer shall announce the results of the election within seven days of the date specified.
(7) All election materials shall be retained by the executive officer for a period of at least six months after the announcement of the election results.
(g) For purposes of this section, “executive officer” means the executive officer or designee as authorized by the commission.
SEC. 2.
Section 56332.5 of the Government Code is amended to read:56332.5.
(a) If the commission does not have representation from independent special districts on or before January 1, 2001, the commission shall initiate proceedings for representation of independent special districts upon the commission if requested by independent special districts pursuant to this section.(b) Upon receipt of those resolutions from a majority of independent special districts within a county, adopted by the districts within one year from the date that the first resolution was adopted, a written request by one or more members of the selection committee representing districts having 10 percent or more of the assessed value of taxable property within the county, as shown on the last equalized county assessment roll, the commission, at its next regular meeting, shall adopt a resolution of intention. The resolution of intention shall
state whether the proceedings are initiated by the commission or by an independent special district or districts, in which case, the names of those districts shall be set forth. The commission shall order the executive officer to call and give notice of a meeting of the independent special district selection committee to be held within 15 days after the adoption of the resolution in order to determine whether independent special districts shall accept representation on the commission and appoint independent special district representation on the commission pursuant to Section 56332.
(c) In conjunction with the independent special district selection committee appointment to an oversight board pursuant to paragraph (3) of subdivision (j) of Section 34179 of
the Health and Safety Code, the commission may adopt a resolution of intention. The resolution of intention shall state the proceedings are initiated by the commission to occur in conjunction with the independent special district selection committee appointment to a an oversight board pursuant to paragraph (3) of subdivision (j) of Section 34179 of the Health and Safety Code. The commission shall order the executive officer to call and give notice of a meeting of the independent special district selection committee within 15 days after the adoption of the resolution to determine all of the following:
(1) Whether independent special districts shall accept representation on the commission.
(2) The appointment of independent special district representation on the commission pursuant to Section 56332.
(3) The appointment
of independent special district representation on a countywide redevelopment agency oversight board pursuant to paragraph (3) of subdivision (j) of Section 34179 of the Health and Safety Code
(d) Notwithstanding other law, if the independent special district selection committee establishes a quorum and rejects independent special district representation upon the commission, the commission shall not reinitiate proceedings for representation of independent special districts upon the commission for one year.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.The Legislature finds and declares that it is the policy of the state to encourage orderly growth and development, which are essential to the social, fiscal, and economic well-being of the state. The Legislature recognizes that the logical formation and determination of local agency boundaries is an important factor in promoting orderly development and in balancing that development with the sometimes competing state interests of discouraging urban sprawl, preserving open-space and prime agricultural
lands, and efficiently extending government services. The Legislature also recognizes that providing housing for persons and families of all incomes is an important factor in promoting orderly development. Therefore, the Legislature further finds and declares that this policy should be effected by the logical formation and modification of the boundaries of local agencies, with a preference granted to accommodating additional growth within, or through the expansion of, the boundaries of those local agencies which can best accommodate and provide necessary governmental services and housing for persons and families of all incomes in the most efficient manner feasible.
The Legislature recognizes that urban population densities and intensive residential, commercial, and industrial development necessitate a broad spectrum and high level of community services and controls. The Legislature also recognizes that when areas become urbanized to the extent that they need the
full range of community services, priorities are required to be established regarding the type and levels of services that the residents of an urban community need and desire; that community service priorities be established by weighing the total community service needs against the total financial resources available for securing community services; and that those community service priorities are required to reflect local circumstances, conditions, and limited financial resources. The Legislature finds and declares that a single multipurpose governmental agency is accountable for community service needs and financial resources and, therefore, may be the best mechanism for establishing community service priorities especially in urban areas. Nonetheless, the Legislature recognizes the critical role of many limited purpose agencies, especially in rural communities. The Legislature also finds that, whether governmental services are proposed to be provided by a single-purpose agency, several agencies, or a
multipurpose agency, responsibility should be given to the agency or agencies that can best provide government services.
