BILL ANALYSIS AB 419 Page 1 Date of Hearing: January 13, 2010 ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT Anna Marie Caballero, Chair AB 419 (Caballero) - As Amended: January 5, 2010 SUBJECT : Local government: change of organization or reorganization: elections. SUMMARY : Requires a county board of supervisors or city council to take timely action on items approved by a local agency formation commission (LAFCO) that require an election. Specifically, this bill : 1)Requires a LAFCO upon approval of a proposal that would require an election to be conducted, to inform the county or city elections official of that county or city. 2)Requires the county board of supervisors or city council to take action within 45 days to direct the elections official to conduct the necessary election, upon the notification by the LAFCO that a determination has been made that requires an election. 3)Specifies that if the board of supervisors or city council fails to direct the elections official to conduct the election within the 45 days of receipt of the notification by the LAFCO, the elections official shall place the item on the ballot for the next regular election. 4)Provides that the requirements of the bill will take effect on January 1, 2011, and will not affect any applications filed with the LAFCO prior to that date. 5)Makes other conforming changes to sections of the Cortese-Knox-Hertzberg Local Reorganization Act of 2000 (Act). EXISTING LAW : 1)Establishes the procedures for the organization and reorganization of cities, counties, and special districts under the Act. 2)Provides that when a board of supervisors or a city council is informed by the LAFCO that a determination has been made that AB 419 Page 2 requires an election, it shall direct the elections official to conduct the necessary election. 3)Provides that the board of supervisors or city council shall call, provide for, and give notice of a special election or elections upon that question, fix a date for that election, designate precincts and polling places, and take any other action necessary to call, provide for, and give notice of the special election or election and to provide for the conduct and the canvass of returns of the election. 4)Provides that any person or affected agency may file a written request with the executive officer requesting amendments to or reconsideration of the resolution within 30 days of the adoption of the initial or superseding resolution by the LAFCO making determinations. FISCAL EFFECT : Unknown COMMENTS : 1)AB 419 makes a number of changes to the Act in order to bring clarity to a vague section of law regarding the timeframe and process to be undertaken by local governments upon notification by the LAFCO that an item approved by LAFCO requires an election. Under current law, there is no deadline specified for a county board of supervisors, city council, or elections official from that city or county to place the LAFCO-approved item on the ballot. The requirements contained in AB 419 would not apply to any current application filed with LAFCO, and instead, the bill's provisions would take effect on January 1, 2011. 2)The action by the city or county to place an item approved by LAFCO on the ballot constitutes a ministerial act, meaning that the city or county has no discretion in the action once the local government is in receipt of the notification from LAFCO. It is possible under current law that a LAFCO-approved item could face significant delay in being placed on the ballot. AB 419 would remedy this by specifying that a county board of supervisors or city council would have 45 days to direct the elections official to conduct the necessary election, upon receipt of the notification by LAFCO of the item requiring an election. AB 419 also requires the LAFCO, upon approval of an item that would require a ballot election, to notify the elections official, in addition to the current AB 419 Page 3 notification requirements of the affected county board of supervisors or the city council. If the board of supervisors or city council fails to direct the elections official within 45 days of notification to conduct the election, AB 419 requires the elections official to place the item on the ballot for the next regular election. 3)The California Association of Local Agency Formation Commissions (CALAFCO), writing in support, notes that AB 419 "adds precision to the process timeline and sets expectations for both LAFCO applicants and the commission itself on when applications that require an election must be completed and forwarded to the board of supervisors or city council to be placed on a ballot." CALAFCO believes that "current law is vague and could lead to a missed deadline for placing an item on the ballot" and that AB 419 "helps assure better implementation of the Cortese-Knox-Hertzberg Local Government Reorganization Act." 4)TECHNICAL AMENDMENT : The following technical amendment is suggested: On page 3, strike lines 21 - 22, and insert: (3) The 45-day requirement established by this subdivision shall not apply to any application filed with a commission prior to January 1, 2011. REGISTERED SUPPORT / OPPOSITION : Support CA Association of Local Agency Formation Commissions (CALAFCO) Opposition AB 419 Page 4 None on file Analysis Prepared by : Debbie Michel / L. GOV. / (916) 319-3958