BILL NUMBER: SB 195 CHAPTERED 10/12/01 CHAPTER 767 FILED WITH SECRETARY OF STATE OCTOBER 12, 2001 APPROVED BY GOVERNOR OCTOBER 11, 2001 PASSED THE SENATE SEPTEMBER 14, 2001 PASSED THE ASSEMBLY SEPTEMBER 13, 2001 AMENDED IN ASSEMBLY SEPTEMBER 12, 2001 AMENDED IN ASSEMBLY SEPTEMBER 4, 2001 AMENDED IN ASSEMBLY JULY 5, 2001 AMENDED IN SENATE MAY 17, 2001 INTRODUCED BY Senator Chesbro FEBRUARY 8, 2001 An act to amend Sections 23010, 26529, 26802.5, 60204, and 76224 of the Government Code, relating to counties and districts. LEGISLATIVE COUNSEL'S DIGEST SB 195, Chesbro. Counties and districts. (1) Existing law authorizes a county pursuant to a resolution adopted by its board of supervisors to lend any of its available funds to designated types of special districts located wholly within the county or partly within the county, subject to certain conditions. This bill would add resort improvement districts to those districts eligible for these loans from a county. (2) Under existing law, in counties that have a county counsel, the county counsel is required to discharge specified duties statutorily vested in the district attorney, including defending and prosecuting all civil actions and defending actions brought against county officers, employees, or servants. This bill would expressly authorize the County Counsel of Solano County to bring a civil action when the county has a cause of action to abate a public nuisance, and would require the county counsel to do so when directed by the county board of supervisors. The bill would provide that the County Counsel and the District Attorney of Solano County have the concurrent right to bring this action. (3) Under existing law, the duties pertaining to elections are performed by the county elections official. However, in specified counties, the board of supervisors is authorized to appoint a registrar of voters to discharge all duties vested by law in the county clerk that relate to, and are part of, the election procedure. This bill would extend this appointment authority to Lake County. It also would make other technical, nonsubstantive changes in these provisions. (4) Existing law establishes procedures for the destruction of records in the files of special districts. This bill would make the San Joaquin Valley Air Pollution Control District subject to these procedures. (5) Existing law specifies that deposits to the Merced County Courthouse Construction Fund shall continue through and include the 25th year after the initial year in which the surcharge is collected or the 25th year after any borrowings are made for any construction. This bill would extend the required deposits period from 25 years to 30 years and would make the provision applicable to deposits made to the Criminal Justice Facilities Construction Fund in Merced County. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 23010 of the Government Code is amended to read: 23010. (a) Pursuant to a resolution adopted by its board of supervisors, a county may lend any of its available funds to any community services district, county waterworks district, mosquito abatement district, pest abatement district, fire protection district, flood control and water conservation district, recreation and park district, regional park district, regional park and open-space district, regional open-space district, resort improvement district, or public cemetery district located wholly within the county, if its funds are or when available will be in the custody of the county or any officer of the county, in order to enable the district to perform its functions and meet its obligations. The loan shall not exceed 85 percent of the district's anticipated revenue for the fiscal year in which it is made or for the next ensuing fiscal year, and shall be repaid out of that revenue prior to the payment of any other obligation of the district. (b) Pursuant to a resolution adopted by its board of supervisors, a county may loan any of its available funds to a special district, in order to enable the district to perform its functions and meet its obligations. The loan shall not exceed 85 percent of the special district's anticipated property tax revenue projected to be generated for the fiscal year in which it is made or for the next ensuing fiscal year within that portion of the district's territory which is located within the county. The loan shall be repaid out of any available revenue of the special district prior to the payment of any other obligation of the district. For purposes of this subdivision, "special district" means a special district, as defined in Section 54775, which is located in more than one county. (c) The board of supervisors may borrow funds from the county or from other garbage disposal districts, not to exceed 85 percent of the district's anticipated revenue for the fiscal year in which they are borrowed or for the next ensuing fiscal year. In levying taxes or prescribing and collecting fees or charges as authorized by this division, the board of supervisors may raise sufficient revenues to repay the loans. The board of supervisors may lend available district funds to another garbage disposal district, subject to the terms and conditions set forth in this section. Nothing contained in this section shall prohibit the board of supervisors from borrowing funds from banks or other financial institutions when the best interests of the district are served thereby. (d) Notwithstanding any other provisions of law, funds, when borrowed by a garbage disposal district pursuant to subdivision (c), shall forthwith increase the appropriations of the district for which they are needed. The governing body of the entity from which the funds are borrowed may specify the date and manner in which the funds shall be repaid. The loan shall not exceed 85 percent of the district's anticipated revenue for the fiscal year in which it is made or for the next ensuing fiscal year, and shall be repaid out of that revenue prior to the payment of any other obligation of the district. (e) The district shall pay interest on all funds borrowed from the county at the same rate that the county applies to funds of the district on deposit with the county. SEC. 2. Section 26529 of the Government Code is amended to read: 26529. (a) In counties that have a county counsel, the county counsel shall discharge all the duties vested in the district attorney by Sections 26520, 26522, 26523, 26524, and 26526. The county counsel shall defend or prosecute all civil actions and proceedings in which the county or any of its officers is concerned or is a party in his or her official capacity. Except where the county provides other counsel, the county counsel shall defend as provided in Part 7 (commencing with Section 995) of Division 3.6 of Title 1 of the Government Code any action or proceeding brought against an officer, employee, or servant of the county. (b) Notwithstanding any other provision of law, the County Counsel of the County of Solano may, and when directed by the board of supervisors of that county shall, bring a civil action when the county, or any of its officers, has a cause of action to abate a public nuisance in the county. The County Counsel and the District Attorney of Solano County have the concurrent right to bring an action to abate a public nuisance pursuant to this subdivision. SEC. 3. Section 26802.5 of the Government Code is amended to read: 26802.5. In the Counties of El Dorado, Kings, Lake, Marin, Merced, Monterey, Riverside, San Joaquin, Solano, and Tulare, a registrar of voters may be appointed by the board of supervisors in the same manner as other county officers are appointed. In those counties, the county clerk is not ex officio registrar of voters, and the registrar of voters shall discharge all duties vested by law in the county elections official that relate to and are a part of the election procedure. SEC. 4. Section 60204 of the Government Code is amended to read: 60204. For the purposes of this chapter, the terms "special district" and "district" also include the South Coast Air Quality Management District, the Bay Area Air Quality Management District, and the San Joaquin Valley Air Pollution Control District, and the term "legislative body" also includes the boards of the districts. SEC. 5. Section 76224 of the Government Code is amended to read: 76224. Deposits to the Courthouse Construction Fund established in Merced County pursuant to Section 76100 and the Criminal Justice Facilities Construction Fund established in Merced County pursuant to Section 76101 shall continue through and including the 30th year after the initial year in which the surcharge is collected or the 30th year after any borrowings are made for any construction under those sections, whichever comes later. SEC. 6. With respect to Section 3, the Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of Lake County. The facts constituting the special circumstances include the need to reorganize the structure and duties of county officers to reduce costs and increase productivity within the county government.