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AB-774 County service areas: zone dissolution.(2013-2014)

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AB774:v97#DOCUMENT

Amended  IN  Assembly  January 06, 2014
Amended  IN  Assembly  March 19, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 774


Introduced by Assembly Member Donnelly

February 21, 2013


An act to amend Section 25215 of, and to add Sections 25213.7 and 25217.5 to, the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 774, as amended, Donnelly. County service areas: zone dissolution.
The County Service Area Law authorizes the county board of supervisors, acting as the governing authority of a county service area, to provide for the collection and enforcement of property-related fees and charges in the same manner that the county collects and enforces property-related fees and charges for the property-related services that the county provides. Existing law allows the board to raise revenues, as specified, whenever the amount of revenue available to the county service area is inadequate to meet the costs of operating and maintaining the services and facilities that the county service area provides. Existing law authorizes the dissolution of a county service area and allows the board to change the boundaries of a zone, or dissolve the zone, by following specified procedures.
This bill would require the board, upon dissolution of a county service area or a specified zone, to post signs indicating which services and facilities are no longer provided within the zone and require the board to provide adequate maintenance to the signs. This
Existing law allows the board to raise revenues, as specified, whenever the amount of revenue available to the county service area is inadequate to meet the costs of operating and maintaining the services and facilities that the county service area provides.
This bill would provide that the board may raise revenues, as specified, whenever the amount of revenue available to the county service area is inadequate to meet the costs of operating and maintaining the services and facilities for public streets that the county service area provides. The bill would provide that, once the signs are posted, prohibit the county and the dissolved zone shall not be from being held liable for death or injury resulting from the termination of services or facilities once the signs are posted. This bill would also provide that the county, county service area, and zones would not be responsible for a loss or injury resulting from the failure to provide maintenance of services or facilities for public streets if the board is was unable to raise revenues. This bill would require the board to mail notice to an owner of property within the county service area, or zones that will would no longer be able to maintain the services or facilities.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 25213.7 is added to the Government Code, to read:

25213.7.
 (a) Notwithstanding any other law, upon dissolution of a county service area providing services or facilities for a public street or divestiture of authority to provide services or facilities for a public street, the board shall post clearly visible signs within the zone for which authorized services, levels of service, or authorized facilities are no longer being provided within the zone. The sign shall indicate what service or facility is no longer being provided within the zone and that the county and the zone are not responsible for any loss or injury resulting from the termination of services or facilities. The board shall provide adequate maintenance to ensure that the signs remain posted within the zone and the message is legible for a period of one year.
(b) After the signs are posted pursuant to subdivision (a), the county and the dissolved zone shall not be held liable for death or injury resulting from termination of services or facilities.

SEC. 2.

 Section 25215 of the Government Code is amended to read:

25215.
 (a) Whenever the board determines that the amount of revenue available to a county service area or any of its zones is inadequate to meet the costs of operating and maintaining the services and facilities for public streets that the county service area or any of its zones provides, the board may raise revenues pursuant to this article or any other provision of law.
(b) If the board is unable to raise revenues, the county, county service area, and the county service area’s any of its zones shall not be responsible for a loss or injury resulting from the failure to provide maintenance of services or and facilities for public streets that the county service area or any of its zones provides. The board shall mail notice to any owner of property within the county service area or any of its zones that it will no longer be able to maintain the services or and facilities.

SEC. 3.

 Section 25217.5 is added to the Government Code, to read:

25217.5.
 (a) Upon dissolution of a zone providing services or facilities for a public street, as authorized by Section 25217.2, the board shall post clearly visible signs within the zone for which authorized services, levels of service, or authorized facilities are no longer being provided within the zone. The sign shall indicate what service or facility is no longer being provided within the zone and that the county and the zone are not responsible for any loss or injury resulting from the termination of services or facilities. The board shall provide adequate maintenance to ensure that the signs remain posted within the zone and the message is legible for a period of one year.
(b) After the signs are posted pursuant to subdivision (a), the county and the dissolved zone shall not be held liable for death or injury resulting from termination of services or facilities.