BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 419
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 419 (Caballero)
          As Amended  January 14, 2010
          Majority vote 

           LOCAL GOVERNMENT    5-0                                         
           
           ----------------------------------------------------------------- 
          |Ayes:|Caballero, Knight,        |     |                          |
          |     |Arambula, Davis, Skinner  |     |                          |
           ----------------------------------------------------------------- 

           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 45-day requirement contained in 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  








                                                                  AB 419
                                                                  Page  2


            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  
            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  :  This bill 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 this bill would not apply to any current application filed  
          with LAFCO, and instead, the bill's provisions would take effect  
          on January 1, 2011.

          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  








                                                                  AB 419
                                                                  Page  3


          election.  This bill 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 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, this bill requires the elections  
          official to place the item on the ballot for the next regular  
          election.

          The California Association of Local Agency Formation Commissions  
          (CALAFCO), writing in support, notes that this "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 this  
          bill "helps assure better implementation of the  
          Cortese-Knox-Hertzberg Local Government Reorganization Act."


           
          Analysis Prepared by  :    Debbie Michel / L. GOV. / (916)  
          319-3958


                                                                FN: 0003549