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

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Date Published: 07/20/2017 09:00 PM
SB561:v98#DOCUMENT

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 Section 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 and maintained with the list of qualified voters of the district.
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. 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.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Fallen Leaf Lake Community Services District.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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 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, and shall be maintained with the list of voters qualified to vote in elections of the Fallen Leaf Lake Community Services District.
(e) 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. Board of Directors.

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. 2.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.