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SB-871 Deer Creek Irrigation District: director and voter eligibility.(2019-2020)

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Date Published: 01/21/2020 09:00 PM
SB871:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 871

Introduced by Senator Nielsen

January 21, 2020

An act to add Section 20527.14 to the Water Code, relating to irrigation districts.


LEGISLATIVE COUNSEL'S DIGEST


SB 871, as introduced, Nielsen. Deer Creek Irrigation District: director and voter eligibility.
Existing law generally requires, among other prerequisites, voters in an irrigation district to be residents of that district. Existing law generally requires, with certain exceptions, each director of an irrigation district to be a voter, landowner, and resident within that district.
This bill would authorize owners of real property within the Deer Creek Irrigation District, whether residents within the district or not, or their legal representatives, as defined, to be voters. This bill would authorize any voter to be a director of the district.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Deer Creek Irrigation District.
This bill would impose a state-mandated local program by expanding the eligible voters in elections within the Deer Creek Irrigation District to include nonresident landowner voters.
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 20527.14 is added to the Water Code, to read:

20527.14.
 (a) Notwithstanding Section 20527 or any other law, in the Deer Creek Irrigation District every owner of real property within the district, but no others, may vote at elections for directors or otherwise. Owners need not be residents of the district in order to qualify as voters. The last equalized assessment roll is conclusive evidence of ownership of real property so owned. Where land is owned in joint tenancy, tenancy in common, or any other multiple ownership, the owners of the land shall designate in writing which one of the owners shall be deemed the owner of such land for purposes of qualifying as a voter.
(b) The legal representative of a corporation or estate owning real property within the district may vote on behalf of the corporation or estate. As used in this section, “legal representative” means an official of a corporation owning real property or a guardian, conservator, executor, or administrator of the estate of the holder of title to real property who is all of the following:
(1) Appointed under the laws of this state.
(2) Entitled to the possession of the estate’s real property.
(3) Authorized by the appointing court to exercise the particular right, privilege, or immunity which the legal representative seeks to exercise.
(c) Before a legal representative votes at a district election, the legal representative shall present to the precinct board a certified copy of the authorization to vote, which shall be kept and filed with the returns of the election.
(d) Every voter, or legal representative of a voter, may vote at any district election either in person or by a person duly appointed as a proxy, but shall be entitled to cast only one vote. The appointment of a proxy shall be as provided in Section 35005.
(e) Notwithstanding Section 21100 or any other law, any voter as defined in this section is eligible to be a member of the board of directors of the Deer Creek Irrigation District.

SEC. 2.

 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 rural nature of the Deer Creek Irrigation District and the difficulty of recruiting and retaining directors under the existing landownership requirement for being elected to the board.

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.