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SB-561 Fallen Leaf Lake Community Services District: elections.(2017-2018)

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Date Published: 01/23/2018 09:00 PM
SB561:v97#DOCUMENT

Amended  IN  Senate  January 23, 2018
Amended  IN  Senate  July 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 561


Introduced by Senators Gaines and Hill

February 17, 2017


An act to add Sections 61049 and 61108 to the Government Code, relating to community services districts.


LEGISLATIVE COUNSEL'S DIGEST


SB 561, as amended, Gaines. Fallen Leaf Lake Community Services District: elections.
Existing law, the Community Services District Law, specifies the procedures for district formation and the selection of district governing board members. That law also requires a person to be a voter of the district in order to serve on its board of directors.
Existing law, the Uniform District Election Law, provides for landowner voting districts, in which each voter is required to be an owner of land located within the district. Existing law also provides for resident voting districts, which are districts other than landowner voting districts.
Under existing law, the Fallen Leaf Lake Community Services District is a resident voting district.
This bill, notwithstanding existing law, would provide that voters who are residents of the district, and voters who are not residents but either own a real property interest in the district or have been designated by the owner of a real property interest to cast the vote for that property, may vote in a district election in the Fallen Leaf Lake Community Services District. The bill, where the real property interest is owned in joint tenancy, tenancy in common, or any other multiple ownership, would require the owners of that real property interest to designate the person qualifying as the voter. The bill also, where the real property interest is held in the name of a trust, would require the trustee to designate which trustee or beneficiary is the voter. This bill would allow the legal representative of a corporation, company, or estate holding a real property interest within the district to vote on its behalf or to designate another person to be the voter. The bill, where the real property interest is held in the name of an individual, would designate that person as the voter unless that person designates another person. The bill would require the designations of voters and authority of legal representatives to be filed with the Secretary of the Fallen Leaf Lake Community Services District El Dorado County elections official and maintained with the list of qualified voters of the district.
This bill also would authorize a voter who is not a resident of the district but owns a real property interest in the district to designate only one voter to vote on his or her behalf, regardless of the number of parcels in the district owned by the nonresident voter. The bill would prohibit a parcel from simultaneously having a designated voter and a resident voter or voters, as specified. The bill would prohibit the district and any entity the district controls from designating a voter for itself and would prohibit a voter who is a resident of the district from designating a voter. The bill would require the El Dorado County elections official to notify each parcel owner regarding the right to designate a person to cast a vote at district elections, as provided. By mandating a higher level of service on local government, this bill would impose a state-mandated local program.
This bill would provide that a person qualified to vote pursuant to these provisions shall be qualified to be a candidate for, and serve on, the Fallen Leaf Lake Community Services District Board of Directors. The bill also would prohibit the district from providing any services or facilities except fire protection, including medical response and emergency services, and parks and recreation services or facilities.
Existing law provides penalties for prohibited acts relating to statewide and local elections.
This bill would subject violations of its provisions relating to voting and elections to those penal provisions. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The bill also would prohibit the district from providing any services or facilities except fire protection, including medical response and emergency services, and parks and recreation services or facilities.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Fallen Leaf Lake Community Services District.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 61049 is added to the Government Code, immediately following Section 61048, to read:

61049.
 (a) Notwithstanding any other law, qualified voters at district elections in the Fallen Leaf Lake Community Services District shall be any of the following:
(1) Voters who are residents of the district.
(2) Voters who are not residents of the district, but meet either of the following:
(A) Own a real property interest within the district.
(B) Have been designated by the owner of a real property interest to cast the vote for that property.
(b) (1) A real property interest shall include both of the following:
(A) Ownership within the district of a fee simple interest in real property.
(B) Ownership of a United States Forest Service Recreation Permit for land within the district.
(2) The last equalized county assessment roll shall be conclusive evidence of ownership of a real property interest within the district.
(c) (1) Where the real property interest is owned in joint tenancy, tenancy in common, or any other multiple ownership, the owners of the real property interest shall designate in writing the person qualifying as a voter.
(2) Where the real property interest is held in the name of a trust, the trustee shall designate in writing which trustee or beneficiary shall be the owner of the real property interest for purposes of qualifying as a voter.
(3) (A) Where the real property interest is held in the name of a corporation, company, or an estate, the legal representative may vote on behalf of the corporation, company, or estate or may designate another person to be the voter.
(B) As used in this section, legal representative means an official of a corporation or company owning the real property interest or a guardian, executor, or administrator of the estate of the holder of title to the real property who is:
(i) Appointed under the laws of this state.
(ii) Entitled to the possession of the estate’s real property interest.
(iii) Authorized by the appointing court to exercise the particular right, privilege, or immunity which he or she seeks to exercise.
(iv) Before a legal representative votes at a district election, he or she shall present to the Secretary of the Fallen Leaf Lake Community Services District El Dorado County elections official a certified copy of his or her authority which shall be maintained with the list of voters qualified to vote in elections of the Fallen Leaf Lake Community Services District.
(4) Where the real property interest is held in the name of an individual, that person will be the voter, unless that person designates another person in writing to be the voter.
(d) Where a person other than a legal representative or a person or entity listed on the last equalized county assessment roll is to be the voter, the designation of that person by the person or entity listed on the assessor’s roll shall be in writing, filed with the Secretary of the Fallen Leaf Lake Community Services District, El Dorado County elections official, and shall be maintained with the list of voters qualified to vote in elections of the Fallen Leaf Lake Community Services District.
(e) Regardless of the number of parcels owned by a voter who is not a resident of the district but owns a real property interest in the district, that voter may designate only one person to vote on his or her behalf at district elections.
(f) (1) A parcel shall not simultaneously have a designated voter and a resident voter or voters.
(2) If a voter registers as a resident voter at a parcel, the El Dorado County elections official shall immediately disqualify and remove from the list of voters qualified to vote at district elections any designated voter for that parcel.
(3) If more than one parcel is owned by a voter registered as a resident voter, the El Dorado County elections official shall immediately disqualify and remove from the list of voters qualified to vote at district elections any designated voter for any of those parcels.
(g) The Fallen Leaf Lake Community Services District and any entity the district controls shall not be permitted to designate a voter for itself if it is a property owner.
(h) The El Dorado County elections official shall notify each parcel owner regarding the parcel owner’s right to designate a person to cast a vote at district elections. When the ownership of parcels changes, the El Dorado County elections official shall notify new parcel owners regarding the right to designate a person to vote at district elections. Notification may be made either:
(1) Individually, at the time each parcel changes ownership.
(2) Together, all parcel owners that are new since the last notification, once every two years.
(i) A voter who is a resident of the district may not designate anyone else to vote at district elections.

(e)

(j) A person qualified to vote pursuant to this section shall be qualified to be a candidate for, and serve on, the Fallen Leaf Lake Community Services District Board of Directors.
(k) Violations of this section shall be subject to the penal provisions of Division 18 (commencing with Section 18000) of the Elections Code.

SEC. 2.

 Section 61108 is added to the Government Code, immediately following Section 61107, to read:

61108.
 The Fallen Leaf Lake Community Services District shall not provide any of the services or facilities set forth in this chapter except fire protection, including medical response and emergency services, and parks and recreation services or facilities.

SEC. 3.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to ensure that property owners have an equal opportunity to vote in Fallen Leaf Lake Community Services District elections and serve as members of the district’s board.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.