BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   AB 419|
          |Office of Senate Floor Analyses   |                         |
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                                    CONSENT


          Bill No:  AB 419
          Author:   Caballero (D)
          Amended:  5/17/10 in Senate
          Vote:     21

           
           SENATE LOCAL GOVERNMENT COMMITTEE  :  3-0, 6/9/10
          AYES: Kehoe, DeSaulnier, Price
          NO VOTE RECORDED:  Cox, Aanestad

           ASSEMBLY FLOOR  :  73-0, 1/27/10 - See last page for vote


           SUBJECT  :    Local government:  change of organization or  
          reorganization:
                      Elections

           SOURCE  :     CA Association of Local Agency Formation  
          Commissions


          DIGEST  :    This bill requires a local agency formation  
          commission to also notify the local elections official when  
          it notifies a county board of supervisors or city council  
          regarding the need to hold a boundary change election.

           ANALYSIS  :    Local agency formation commissions (LAFCOs)  
          must follow detailed procedures in the  
          Cortese-Knox-Hertzberg Act when they approve boundary  
          changes.  Some boundary changes require voter approval:  
          city incorporations, district formations, annexations and  
          detachments with significant local protest, and certain  
          reorganizations.  When it approves a boundary change that  
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          needs voter approval, the LAFCO must notify the county  
          board of supervisors or city council which then must call  
          the election, set the election date, designate precincts  
          and polling places, and direct the local election official  
          to run the election.

          This bill requires a LAFCO to also notify the local  
          elections official when it notifies a county board of  
          supervisors or city council regarding the need to hold a  
          boundary change election.  If the county supervisors or  
          city council fails to direct the elections official to  
          conduct the election within 45 days after receiving the  
          notice, this bill requires the elections official to place  
          the item on the ballot at the next established election  
          date which is at least 88 days after the date of the  
          LAFCO's notification to the elections official.  The bill  
          declares that this 45-day requirement does not apply to  
          applications filed with a LAFCO before January 1, 2011.

          This bill deletes the requirement for a county board of  
          supervisors or city council to designate precincts and  
          polling places and instead requires them to direct the  
          elections official to carry out those duties.  This bill  
          also conforms the timing of boundary change elections to  
          the election dates provided in the Elections Code.

           Comments
           
          Both the Elections Code and the boundary laws are complex  
          statutes which require elections officials and the LAFCOs  
          to meticulously coordinate their decisions.  This bill  
          meshes these statutory requirements so that elections  
          officials can carry out their duties without interference.   
          Further, this bill prospectively ensures that the needed  
          boundary elections will occur, even if local elected  
          officials balk.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  6/10/10)

          California Association of Local Agency Formation  
          Commissions (source)

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          California Association of Clerks and Election Officials
          California Special Districts Association
          East Bay Regional Parks District 
          San Diego LAFCO


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,  
            Bradford, Brownley, Buchanan, Caballero, Charles  
            Calderon, Chesbro, Conway, Cook, Coto, Davis, De La  
            Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,  
            Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,  
            Galgiani, Garrick, Gilmore, Hagman, Harkey, Hayashi,  
            Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,  
            Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller,  
            Monning, Nava, Nestande, Niello, Nielsen, John A. Perez,  
            Portantino, Ruskin, Salas, Saldana, Silva, Skinner,  
            Smyth, Solorio, Audra Strickland, Swanson, Torres,  
            Torrico, Tran, Villines, Yamada
          NO VOTE RECORDED:  Carter, Hall, V. Manuel Perez,  
            Torlakson, Bass


          AGB:do  6/10/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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