BILL ANALYSIS                                                                                                                                                                                                    

                                                                      AB 419
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         CONCURRENCE IN SENATE AMENDMENTS
         AB 419 (Caballero)
         As Amended  May 17, 2010
         Majority vote
          
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         |ASSEMBLY:  |73-0 |(January 27,    |SENATE: |33-0 |(June 17,      |
         |           |     |2010)           |        |     |2010)          |
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          Original Committee Reference:   L. GOV.  

          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.  

          The Senate amendments  :

         1)Clarify that the board of supervisors or city council shall  
           direct the elections official to designate precincts and polling  
           places and to take any other action necessary to call, provide  
           for, and give notice of the special election or elections and to  
           provide for the conduct and the canvass of returns of the  
           election, as determined by LAFCO.

         2)Provide that the elections official shall place the item on the  
           ballot at the next established election date at least 88 days  
           after the date of the notification to the elections official.

         3)Provide that the election on the question of the change of  
           organization or reorganization shall be called pursuant to  
           applicable provisions of the Cortese-Knox-Hertzberg Local  
           Reorganization Act of 2000 (Act), and held on the next  
           established election date pursuant to applicable provisions of  
           the Elections Code, or in the case of an election conducted  
           solely by mailed ballot, occurring at least 88 days after the  
           date upon which the resolution calling the election was adopted.

          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  
           requires an election, it shall direct the elections official to  
           conduct the necessary election.





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         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.
          
         AS PASSED BY THE ASSEMBLY  , this bill:

         1)Required 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)Required 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)Specified 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)Provided 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)Made other conforming changes to sections of the Act.

          FISCAL EFFECT  :  None
          
         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  





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         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.  This bill 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.  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.

         Support arguments:  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."

         Opposition arguments:  None on file.


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

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