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SB-567 Counties: consolidation of offices: watermaster districts.(2007-2008)

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SB567:v91#DOCUMENT

Senate Bill No. 567
CHAPTER 703

An act to amend Section 24304.2 of the Government Code, to amend Section 401 of the Scott Valley and Shasta Valley Watermaster District Act (Chapter 416 of the Statutes of 2007), and to amend Section 401 of the Shasta-Tehama County Watermaster District Act (Chapter 434 of the Statutes of 2007), relating to local government.

[ Approved by Governor  September 30, 2008. Filed with Secretary of State  September 30, 2008. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 567, Aanestad. Counties: consolidation of offices: watermaster districts.
(1) Existing law authorizes specified boards of supervisors, by ordinance, to consolidate the duties of the offices of Auditor-Controller and Treasurer-Tax Collector into the elected office of Auditor-Controller-Treasurer-Tax Collector.
This bill would authorize the Trinity County Board of Supervisors to consolidate the duties of the offices of auditor-controller and treasurer-tax collector into the elected office of auditor-controller-treasurer-tax collector.
(2) Existing law, the Scott Valley and Shasta Valley Watermaster District Act, requires the Board of Directors of the Scott Valley and Shasta Valley Watermaster District to consist of 5 district voters, as specified, and 2 members appointed by the Siskiyou County Board of Supervisors who are residents of that county and not district voters. Existing law, the Shasta-Tehama County Watermaster District Act, requires the Board of Directors of the Shasta-Tehama County Watermaster District to consist of 5 district voters, as specified, and 2 members appointed by the Shasta County Board of Supervisors who are residents of that county and not district voters.
This bill would specify that, for the purposes of the provisions that require the 5 members of those respective boards to be district voters, the term “voter” includes an officer, director, manager, and shareholder of a voter that is not a natural person. The bill would prohibit the 2 members who are appointed by a county board of supervisors from serving on those respective boards if they are an officer, director, manager, shareholder, or employee of a district voter.
(3) Under the Shasta-Tehama County Watermaster District Act, a quorum of the board of directors is 3 members.
This bill would change that number to 4 members.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION. 1.

 Section 24304.2 of the Government Code is amended to read:

24304.2.
 Notwithstanding Section 24300, in Mendocino County, Sonoma County, Trinity County, and Tulare County, the board of supervisors, by ordinance, may consolidate the duties of the offices of Auditor-Controller and Treasurer-Tax Collector into the elected office of Auditor-Controller-Treasurer-Tax Collector.

SEC. 2.

 Section 401 of the Scott Valley and Shasta Valley Watermaster District Act (Chapter 416 of the Statutes of 2007) is amended to read:

401.
 (a) The board of directors shall govern the district and shall exercise the powers of the district as set forth in this act.
(b) Except as specified in subdivision (d), the board of directors of the district shall consist of seven members, as follows:
(1) Two members who shall be voters holding water rights whose places of use under a decree are appointed or contracted parcels within the Scott Valley Service Area. These members shall be elected at large from the Scott Valley Service Area.
(2) Three members who shall be voters holding water rights whose places of use are appointed or contracted parcels within the Shasta Valley Service Area. These members shall be elected at large from the Shasta Valley Service Area.
(3) Two members appointed by the county board of supervisors. These members shall be residents of the county and shall not be voters, or officers, directors, shareholders, or employees of a voter.
(4) An officer, director, manager, or shareholder designated by a voter that is not a natural person is eligible to be elected as a member pursuant to paragraphs (1) and (2).
(c) A quorum of the board of directors shall be four members. A majority of affirmative votes of the full membership of the board shall be required to take an action.
(d) (1) On or before February 1, 2008, the county board of supervisors shall appoint the members of the board of directors with the qualifications required by subdivision (b), as if the court had appointed the district as the watermaster. The members of the board of directors appointed pursuant to this paragraph shall hold office until their successors are elected or appointed and qualified in accordance with subdivision (b).
(2) At the first opportunity to conduct an election, the voters shall elect the members of the board of directors identified in paragraphs (1) and (2) of subdivision (b). At the first meeting of the board of directors following that election, the members of the board of directors shall classify themselves by lot into two classes. One class shall have four members and the other class shall have three members. For the class that has four members, the term of office shall be four years. For the class that has three members, the term of office shall be two years. Thereafter, the terms of all members of the board of directors shall be four years.
(3) Except as provided in paragraphs (1) and (2), the term of office for a member of the board of directors shall be four years.
(4) Members of the board of directors may be reelected or reappointed.
(e) Except as otherwise provided in this act, the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code) shall apply to elections within the district.
(f) Any vacancy in the elective office of a member of the board of directors shall be filled pursuant to Section 1780 of the Government Code. Any vacancy in the appointive office of a member of the board of directors shall be filled pursuant to Section 1778 of the Government Code.

SEC. 3.

 Section 401 of the Shasta-Tehama County Watermaster District Act (Chapter 434 of the Statutes of 2007) is amended to read:

401.
 (a) The board of directors shall govern the district and shall exercise the powers of the district as set forth in this act.
(b) The board of directors of the district shall consist of seven members, as follows:
(1) One member shall be a voter within the Burney Creek Service Area. This member shall be elected by the voters within the Burney Creek Service Area.
(2) One member shall be a voter within the Hat Creek Service Area. This member shall be elected by the voters within the Hat Creek Service Area.
(3) One member shall be a voter within the North Fork Cottonwood Creek Service Area. This member shall be elected by the voters within the North Fork Cottonwood Creek Service Area.
(4) One member shall be a voter within the North Cow Creek Service Area. This member shall be elected by the voters within the North Cow Creek Service Area.
(5) One member shall be a voter within the Digger Creek Service Area. This member shall be elected by the voters within the Digger Creek Service Area.
(6) Two members shall be appointed by the Board of Supervisors of Shasta County. These members shall be residents of Shasta County and shall not be voters, or officers, directors, shareholders, or employees of a voter.
(7) An officer, director, manager, or shareholder designated by a voter that is not a natural person is eligible to be elected as a member pursuant to paragraphs (1) to (5), inclusive.
(c) If one or more service areas decides not to participate in the district, a number of board members equivalent to the number of service areas not participating shall be elected at large from among the participating service areas.
(d) A quorum of the board of directors shall be four members. A majority of affirmative votes of the full membership of the board shall be required to take an action.
(e) (1) On or before February 1, 2008, the Board of Supervisors of Shasta County shall appoint the members of the board of directors of the district with the qualifications required by subdivision (b), as if the Superior Court of Shasta County had appointed the district as watermaster. The Board of Supervisors of Tehama County shall appoint the Digger Creek Service Area member. The members of the board of directors appointed pursuant to this paragraph shall hold office until their successors are elected and qualified.
(2) At the first opportunity to conduct an election, the voters shall elect the members of the board of directors. At the first meeting of the board of directors following that election, the members of the board of directors shall classify themselves by lot into two classes. The first class shall have four members and the other class three members. For the first class, the term of office shall be four years. For the second class, the term of office shall be two years. Thereafter, the terms of all members of the board of directors shall be four years.
(3) Except as provided in paragraphs (1) and (2), the term of office for a member of the board of directors shall be four years.
(4) Members of the board of directors may be reelected.
(f) Except as otherwise provided in this act, the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code) shall apply to elections within the district. For the purposes of the Uniform District Election Law, the district shall be deemed to be a landowner voting district.
(g) Any vacancy in the office of a member of the board of directors shall be filled pursuant to Section 1780 of the Government Code.