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

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Date Published: 06/26/2018 09:00 PM
SB561:v94#DOCUMENT

Amended  IN  Assembly  June 26, 2018
Amended  IN  Assembly  June 25, 2018
Amended  IN  Assembly  May 10, 2018
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 and repeal Part 4.1 (commencing with Section 61260) of Division 3 of Title 6 of the Government Code, relating to community services districts.


LEGISLATIVE COUNSEL'S DIGEST


SB 561, as amended, Gaines. Fallen Leaf Lake Community Services District: State audit and elections. audit.

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. Existing law provides penalties for prohibited acts relating to statewide and local elections.

Under existing law, the Fallen Leaf Lake Community Services District is a resident voting district.

This bill would, until January 1, 2021, exempt a person who is not a resident of the Fallen Leaf Lake Community Services District, but who is a nonresident voter, as defined, from any residency requirement for voting in district elections or serving as a district board member and provide that this person is immune from liability for a criminal penalty for violating that residency requirement.

Existing law requires the California State Auditor to conduct financial and performance audits as directed by statute, and to conduct audits of a state or local governmental agencies or other publicly created entities as requested by the Joint Legislative Audit Committee. Existing law requires the county auditor to either perform an audit, or contract with a certified public accountant or public accountant to perform an audit, of the accounts and records of every special district within the county, as specified. Existing law authorizes a special district, by unanimous request of its governing board and unanimous approval by the board of supervisors, to replace the annual audit with an audit over a longer period of time or with a financial review, as specified.
This bill would require, by August 1, 2019, the California State Auditor to complete an audit of the Fallen Leaf Lake Community Services District that includes, among other things, an analysis of the district’s financial condition and ongoing financial viability.
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: YES   Local Program: NO  

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


SECTION 1.Part 4.1 (commencing with Section 61260) is added to Division 3 of Title 6 of the Government Code, to read:
4.1.Fallen Leaf Lake Community Services District
61260.

(a)Notwithstanding any other law, a person who is not a resident of the Fallen Leaf Lake Community Services District, but who is a nonresident voter pursuant to subdivision (b), shall not be subject to a residency requirement for voting in district elections or serving as a district board member and shall be immune from liability for a criminal penalty for violating that residency requirement.

(b)For the purposes of subdivision (a), a nonresident voter means a person who is not a resident of the district but who meets either of the following:

(1)Owns a fee simple interest in real property within the district.

(2)Holds a United States Forest Service Recreation Permit for land within the district.

(c)This part shall remain in effect only until January 1, 2021, and as of that date is repealed.

SEC. 2.SECTION 1.

 No later than August 1, 2019, the California State Auditor shall complete an audit of the Fallen Leaf Lake Community Services District that shall include, but not be limited to, the following:
(a) A determination of the district’s number of residents.
(b) An analysis of the district’s financial condition and ongoing financial viability.
(c) An assessment to determine if public access to Fallen Leaf Lake will be jeopardized if the district is dissolved or reorganized into a different entity.
(d) An evaluation of alternative governmental or nongovernmental entities that may provide the services presently provided by the district.
(e) Any other relevant information or analysis the California State Auditor deems necessary to provide a recommendation to the appropriate committees of the Legislature for the provision of services to the Fallen Leaf Lake community.

SEC. 3.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 unique need to ensure that property owners have an equal opportunity to vote in concerns regarding the viability, effectiveness, and governance of the Fallen Leaf Lake Community Services District elections and serve as members of the district’s board. District.