BILL NUMBER: AB 1884 ENROLLED
BILL TEXT
PASSED THE SENATE JULY 7, 2008
PASSED THE ASSEMBLY AUGUST 7, 2008
AMENDED IN SENATE JUNE 4, 2008
AMENDED IN SENATE MAY 23, 2008
AMENDED IN ASSEMBLY MAY 6, 2008
AMENDED IN ASSEMBLY APRIL 28, 2008
INTRODUCED BY Assembly Member Maze
(Coauthors: Assembly Members Coto and Parra)
FEBRUARY 7, 2008
An act to add and repeal Section 6529.5 of the Government Code,
relating to joint powers agreements.
LEGISLATIVE COUNSEL'S DIGEST
AB 1884, Maze. Joint powers agreement: Tule River Tribal Council.
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 Tule River Tribal Council, as the
governing body of the Tule River Indian Reservation of California, a
federally recognized Indian tribe, may enter into a joint powers
agreement with the City of Porterville for the sole purpose of
developing particular property in the vicinity of the Porterville
Airport. The bill would deem the Tule River Tribal Council a public
agency for purposes of the law relating to joint powers agencies and
would designate the joint powers authority the bill would create as
the Porterville Airport Area Development Authority. The bill would
specify the membership of the authority's 5-member board and require
that all actions taken by the authority be by an affirmative vote of
4 members of the board. 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 bill would repeal its
provisions on January 1, 2039.
This bill would state the findings and declarations of the
Legislature concerning the need for special legislation.
AB 1884, Maze. Joint powers agreement: Tule River Tribal Council.
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 Tule River Tribal Council, as the
governing body of the Tule River Indian Reservation of California, a
federally recognized Indian tribe, may enter into a joint powers
agreement with the City of Porterville for the sole purpose of
developing particular property in the vicinity of the Porterville
Airport. The bill would deem the Tule River Tribal Council a public
agency for purposes of the law relating to joint powers agencies and
would designate the joint powers authority the bill would create as
the Porterville Airport Area Development Authority. The bill would
specify the membership of the authority's 5-member board and require
that all actions taken by the authority be by an affirmative vote of
4 members of the board. 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 bill would repeal its
provisions on January 1, 2039.
This bill would state the findings and declarations of the
Legislature concerning the need for special legislation.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6529.5 is added to the Government Code, to
read:
6529.5. (a) The Tule River Tribal Council, as the governing body
of the Tule River Indian Reservation of California, a federally
recognized Indian tribe, may enter into a joint powers agreement with
the City of Porterville for the sole purpose of developing
approximately 1,200 acres of land in the vicinity of the Porterville
Airport. The Tule River Tribal Council shall be deemed to be a public
agency for purposes of this chapter.
(b) (1) The joint powers authority created pursuant to subdivision
(a) shall be known as the Porterville Airport Area Development
Authority.
(2) The board of directors of the joint powers agency shall
consist of two members appointed by the city council of the City of
Porterville, two members appointed by the Tule River Tribal Council,
and one member appointed by the other four members.
(3) All actions taken by the Porterville Airport Area Development
Authority shall require an affirmative vote of four members of the
board.
(c) 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.
(d) Nothing in this section shall be construed as extending the
power of eminent domain to the Tule River Tribal Council.
(e) This section shall remain in effect only until January 1,
2039, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2039, deletes or extends
that date.
SEC. 2. The Legislature finds and declares that, because of the
unique circumstances applicable only to the City of Porterville and
the Tule River Tribal Council, 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.
SECTION 1. Section 6529.5 is added to the Government Code, to
read:
6529.5. (a) The Tule River Tribal Council, as the governing body
of the Tule River Indian Reservation of California, a federally
recognized Indian tribe, may enter into a joint powers agreement with
the City of Porterville for the sole purpose of developing
approximately 1,200 acres of land in the vicinity of the Porterville
Airport. The Tule River Tribal Council shall be deemed to be a public
agency for purposes of this chapter.
(b) (1) The joint powers authority created pursuant to subdivision
(a) shall be known as the Porterville Airport Area Development
Authority.
(2) The board of directors of the joint powers agency shall
consist of two members appointed by the city council of the City of
Porterville, two members appointed by the Tule River Tribal Council,
and one member appointed by the other four members.
(3) All actions taken by the Porterville Airport Area Development
Authority shall require an affirmative vote of four members of the
board.
(c) 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.
(d) Nothing in this section shall be construed as extending the
power of eminent domain to the Tule River Tribal Council.
(e) This section shall remain in effect only until January 1,
2039, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2039, deletes or extends
that date.
SEC. 2. The Legislature finds and declares that, because of the
unique circumstances applicable only to the City of Porterville and
the Tule River Tribal Council, 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.