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
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            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