BILL ANALYSIS
AB 419
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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
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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
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None on file
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958