BILL NUMBER: AB 419	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 14, 2010
	AMENDED IN ASSEMBLY  JANUARY 5, 2010

INTRODUCED BY   Assembly Member Caballero

                        FEBRUARY 23, 2009

   An act to amend Sections 57000, 57132, and 57132.5 of the
Government Code, relating to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 419, as amended, Caballero. Local government: change of
organization or reorganization: elections.
   Existing law requires a local agency formation commission to
inform a board of supervisors or a city council when the commission
makes a determination that will require an election to be conducted
by that board or council, and requires the board of supervisors or
the city council to direct the elections official to conduct the
necessary election, as specified.
   This bill would  , beginning January 1, 2011,  require
the board of supervisors or the city council to take action, to order
and place the item on the ballot, within 45 days of notification by
the local agency formation commission, and would require the
elections official to place the item on the ballot at the next
regular election if the board of supervisors or the city council
fails to take action within 45 days of the notification. This bill
would also make conforming changes.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 57000 of the Government Code is amended to
read:
   57000.  (a) After adoption of a resolution making determinations
by the commission pursuant to Part 3 (commencing with Section 56650),
protest proceedings for a change of organization or reorganization
not described in Section 57077 shall be taken pursuant to this part.
   (b) If a proposal is approved by the commission, with or without
amendment, wholly, partially, or conditionally, the commission shall
conduct proceedings in accordance with this part. The proceedings
shall be conducted and completed pursuant to those provisions that
are applicable to the proposal and the territory contained in the
proposal as it is approved by the commission. If the commission
approves the proposal with modifications or conditions, proceedings
shall be conducted and completed in compliance with those
modifications or conditions.
   (c) Any reference in this part to the commission also means the
executive officer for any function that the executive officer will
perform pursuant to a delegation of authority from the commission.
   (d) When the commission makes a determination pursuant to this
division that will require an election to be conducted, it shall
inform the board of supervisors and the elections official of the
affected county, or the city council and the elections official of
the affected city of that determination and request the board or the
city council to direct the elections official to conduct the
necessary election.
   (e) (1) When a board of supervisors or a city council is informed
by the commission that a determination has been made that requires an
election, it shall, within 45 days of receipt of the notification,
direct the elections official to conduct the necessary election. The
board or council shall do all of the following:
   (A) Call, provide for, and give notice of a special election or
elections upon that question.
   (B) Fix a date of election.
   (C) Designate precincts and polling places.
   (D) Take any other action necessary to call, provide for, and give
notice of the special election or elections and to provide for the
conduct and the canvass of returns of the election, as determined by
the commission.
   (2) If, within 45 days of receipt of the notification, the board
of supervisors or the city council fails to direct the elections
official to conduct the election pursuant to paragraph (1), the
elections official shall place the item on the ballot for the next
regular election.
   (3)  This   The 45-day requirement
established by this  subdivision shall not apply to any
application filed with a commission prior to January 1, 2011.
   (f) Any provision in this part that requires that an election be
called, held, provided for, or conducted shall mean that the
procedures specified in subdivisions (d) and (e) shall be followed.
  SEC. 2.  Section 57132 of the Government Code is amended to read:
   57132.  The election on the question of the change of organization
or reorganization shall be called pursuant to Section 57000 and held
on the next regular election date occurring at least 88 days after
the date upon which the resolution calling the election was adopted.
This section does not apply to any election conducted solely by
mailed ballot pursuant to Chapter 1 (commencing with Section 4000) of
Division 4 of the Elections Code.
  SEC. 3.  Section 57132.5 of the Government Code is amended to read:

   57132.5.  Notwithstanding Section 57132, the election on the
question of a special reorganization shall be called pursuant to
Section 57000 and held at the next regular primary or general
election occurring in an even-numbered year at least 88 days after
the date on which the resolution calling the election was adopted.