BILL NUMBER: AB 1172	CHAPTERED  07/07/03

	CHAPTER  39
	FILED WITH SECRETARY OF STATE  JULY 7, 2003
	APPROVED BY GOVERNOR  JULY 7, 2003
	PASSED THE SENATE  JUNE 24, 2003
	PASSED THE ASSEMBLY  MAY 8, 2003
	AMENDED IN ASSEMBLY  MAY 5, 2003
	AMENDED IN ASSEMBLY  APRIL 10, 2003

INTRODUCED BY   Assembly Member Berg
   (Coauthor:  Senator Aanestad)

                        FEBRUARY 21, 2003

   An act to add Section 6529 to the Government Code, relating to
joint powers agreements.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1172, Berg.  Joint powers agreement:  public agencies.
   Existing law authorizes 2 or more public agencies, by agreement,
to jointly exercise common powers.  Existing law defines public
agencies for this purpose.
   This bill would provide that the Elk Valley Rancheria Tribal
Council, as the governing body of the Elk Valley Rancheria, a
federally recognized Indian tribe, may enter into a joint powers
agreement with the County of Del Norte, the City of Crescent City, or
both, and is a public agency for purposes of the law relating to
joint powers agencies.  The bill would prohibit the joint powers
authority created pursuant to the bill from authorizing or issuing
bonds pursuant to the Marks-Roos Local Bond Pooling Act of 1985
unless the funded public improvements will be owned and maintained by
the authority or one or more public agency members and the revenue
streams pledged to repay the bonds derive from the authority or one
or more of its public agency members.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6529 is added to the Government Code, to read:

   6529.  (a) The Elk Valley Rancheria Tribal Council, as the
governing body of the Elk Valley Rancheria, California, a federally
recognized Indian tribe, may enter into a joint powers agreement with
the County of Del Norte and the City of Crescent City, or both, and
shall be deemed to be a public agency for purposes of this chapter.
   (b) On and after January 1, 2004, the joint powers authority
created pursuant to subdivision (a) shall not have the power to
authorize or issue bonds pursuant to the Marks-Roos Local Bond
Pooling Act of 1985 (Article 4 (commencing with Section 6584)) unless
the public improvements to be funded by the bonds will be owned and
maintained by the authority or one or more of its public agency
members, and the revenue streams pledged to repay the bonds derive
from the authority or one or more of its public agency members.
  SEC. 2.  The Legislature finds and declares that, because of the
unique circumstances applicable only to the County of Del Norte, a
statute of general applicability cannot be enacted within the meaning
of subdivision (b) of Section 16 of Article IV of the California
Constitution.  Therefore, this special statute is necessary.