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AB-408 Municipal utility districts: elections.(2013-2014)

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AB408:v96#DOCUMENT

Assembly Bill No. 408
CHAPTER 108

An act to add Section 11852.5 to the Public Utilities Code, relating to municipal utility districts.

[ Approved by Governor  August 16, 2013. Filed with Secretary of State  August 16, 2013. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 408, Bonta. Municipal utility districts: elections.
The Municipal Utility District Act governs the formation and governance of a municipal utility district. The act requires specified districts to increase the number of directors on the district board from 5 to 7, as provided.
This bill would require a county elections official to submit a certificate of facts to the district board relating to any filings of declared candidacy for a particular ward and inform the board that it may adopt a specified course of action, including appointing a person to the office or holding the election, as provided, if by 5 p.m. on the 83rd day prior to the day fixed for an election no one or only one person has filed a declaration of candidacy. By requiring county election officials to perform new duties, the 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 no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 11852.5 is added to the Public Utilities Code, to read:

11852.5.
 (a) Notwithstanding any other provision of law, if, in a district subject to this article, by 5 p.m. on the 83rd day prior to the day fixed for the general election, no one or only one person has filed a declaration of candidacy for a particular ward, the county elections official shall submit a certificate of these facts to the district board and inform the board that it may, at a regular or special meeting held on or before the 76th day prior to the election, adopt one of the following courses of action:
(1) If only one person has filed a declaration of candidacy for a ward, appoint that person to the office.
(2) If no one has filed a declaration of candidacy for a ward, appoint a person to the office who would be qualified on the date the election would have been held.
(3) If either no one or only one person has filed a declaration of candidacy for a ward, hold the election.
(b) If the board makes an appointment pursuant to subdivision (a), the elections official shall not accept for filing any statement of write-in candidacy that is submitted after the appointment is made. The person appointed, if any, shall qualify and take office and serve exactly as if elected at an election for the office.
(c) If by the 76th day prior to the day fixed for the election, the district board has not appointed the sole candidate to the office pursuant to paragraph (1) of subdivision (a) or has not adopted a process to appoint, or appointed, a qualified person to the office pursuant to paragraph (2) of subdivision (a), the election shall be held.
(d) A district board may adopt a process to appoint a qualified person to the office pursuant to paragraph (2) of subdivision (a). Upon adoption of this process, the district board shall appoint a qualified person to office no later than the day fixed for the election.
(e) This section shall apply to all elections held in any district subject to this article that takes place on or after January 1, 2014.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIII B of the California Constitution.