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AB-979 Local agency formation commissions: district representation.(2017-2018)

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Date Published: 05/16/2017 04:00 AM
AB979:v95#DOCUMENT

Amended  IN  Assembly  May 15, 2017
Amended  IN  Assembly  April 27, 2017
Amended  IN  Assembly  April 06, 2017
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 Sections 56332 and 56332.5 of the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 979, as amended, Lackey. Local agency formation commissions: district representation.
Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, provides 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.
This bill would additionally require the executive officer to call and hold a meeting of the special district selection committee upon the adoption of a resolution of intention by the committee relating to proceedings for representation of independent special districts upon the commission pursuant to specified law. The bill would also 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 the need to appoint a member representing independent special districts to an oversight board of a successor agency to a dissolved redevelopment or community development agency. By increasing the duties of the executive officer, this bill would impose a state-mandated local program.
If the independent special district selection committee has determined to conduct 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, is not feasible, existing law requires the executive officer to conduct the business of the committee, including elections, by mail in accordance with specified procedures. Existing law, for an election pursuant to these procedures to be valid, requires that at least a quorum of the special districts submit valid ballots.
This bill, for a vote on special district representation to be valid, would require that at least a quorum of the special districts submit valid ballots. The bill would require the selection committee, by majority vote of those district representatives voting on the issue, to either accept or deny representation.
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, districts. Existing law, upon receipt of resolutions proposing representation of independent special districts upon the commission by a majority of the independent special districts within a county, requires the commission to adopt a resolution of intention 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. instead require the commission to adopt a resolution of intention upon either the receipt of a written request by one or more members of the selection committee representing districts having 10% or more of the assessed value of taxable property within the county or the adoption of a resolution by the commission proposing representation of special districts upon the commission.
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: NOYES   Local Program: NOYES  

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 the adoption of a resolution of intention pursuant to Section 56332.5.
(5) Upon receipt of a written request by one or more members of the selection committee notifying the executive officer of the need to appoint a 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) For a vote on special district representation to be valid, at least a quorum of the special districts must submit valid ballots. By majority vote of those district representatives voting on the issue, the selection committee shall either accept or deny representation.

(7)

(8) 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.

SECTION 1.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. either of the following occur:

(b)

(1) 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, the roll.
(2) Upon adoption of a resolution by the commission proposing representation of special districts upon the commission.
(b) 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 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) The executive officer shall announce an appointment of independent special district representation on the commission made pursuant to this section within seven days of the date of the appointment.

(e)All materials related to independent special district representation on the commission shall be retained by the executive officer for a period of at least six months after the announcement of the appointment.

(f)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.

(g)For purposes of this section, “executive officer” means the executive officer or designee as authorized by the commission.

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.