BILL NUMBER: SB 967	CHAPTERED  10/05/05

	CHAPTER  559
	FILED WITH SECRETARY OF STATE  OCTOBER 5, 2005
	APPROVED BY GOVERNOR  OCTOBER 5, 2005
	PASSED THE SENATE  SEPTEMBER 8, 2005
	PASSED THE ASSEMBLY  AUGUST 31, 2005
	AMENDED IN ASSEMBLY  AUGUST 29, 2005
	AMENDED IN ASSEMBLY  JULY 6, 2005
	AMENDED IN ASSEMBLY  JUNE 9, 2005
	AMENDED IN SENATE  APRIL 12, 2005

INTRODUCED BY   Senators Florez and Ashburn
   (Principal coauthor: Senator Perata)

                        FEBRUARY 22, 2005

   An act to add Section 56328.5 to the Government Code, relating to
local agency formation commissions.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 967, Florez  Local agency formation.
   Existing law sets forth the composition of and procedures for the
selection of members of local agency formation commissions within
each county. Under existing law, these commissions are composed of 5
members, 2 representing the county, 2 representing the city or cities
within the county, and one representing the general public. These
commissions are augmented by 2 members where the county orders
representation of special districts upon the commission.
   This bill would augment the commission in Kern County, which
consists of 7 members, by the appointment of an 8th member, who shall
be a member of the legislative body of the city in the county having
the largest population and shall be appointed by the legislative
body of that city and the appointment of a 9th member, who shall
represent the general public and shall be appointed by the commission
members appointed by the county board of supervisors and the
independent special district selection committee. By requiring an
increase in the number of commission members in Kern County, this
bill would impose a state-mandated local program.
  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.


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


  SECTION 1.  Section 56328.5 is added to the Government Code, to
read:
   56328.5.  (a) In Kern County, the commission, which consists of
seven members, augmented pursuant to Section 56332, shall be
additionally augmented by the appointment of an eighth member and a
ninth member.
   (b) The eighth member shall, notwithstanding subdivision (b) of
Section 56325, be a member of the legislative body of the city in the
county having the largest population, appointed by the legislative
body of that city.
   The legislative body of the city shall appoint an alternate member
at the same time and in the same manner as it appoints the eighth
regular member. If the regular city member is absent from a
commission meeting, or disqualifies himself or herself from
participating in a meeting, the alternate member may serve and vote
in place of the regular city member for that meeting. If the office
of the regular city member becomes vacant, the alternate member may
serve and vote in place of the former regular city member until the
appointment and qualification of a regular city member to fill the
vacancy.
   (c) The ninth member shall represent the general public, but shall
not be a member of the governing body of any local agency. The ninth
member shall be appointed by the four members of the commission
appointed by the county supervisors and the independent special
district selection committee. Those commission members may also
appoint an alternate public member, who is not a member of the
governing body of any local agency, who may serve and vote in the
place of the regular public member appointed pursuant to this
subdivision if that regular public member is absent or disqualifies
himself or herself from participating in a meeting of the commission.
If the office of the regular public member appointed pursuant to
this subdivision becomes vacant, the alternate member may serve and
vote in place of that former regular public member until the
appointment and qualification of a regular public member pursuant to
this subdivision to fill the vacancy.
  SEC. 2.  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.