BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2795
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 2795 (Local Government Committee)
          As Amended  May 27, 2010
          Majority vote
           
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          |ASSEMBLY:  |74-0 |(May 6, 2010)   |SENATE: |33-0 |(June 17,      |
          |           |     |                |        |     |2010)          |
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           Original Committee Reference:    L. GOV.  

           SUMMARY  :  Makes several minor, non-controversial changes to the  
          laws affecting local government organization and reorganization.  
           

           The Senate amendments  :  

          1)Allow a local agency formation commission (LAFCO) executive  
            officer to call a meeting of the independent special district  
            selection committee when the executive officer anticipates  
            that a vacancy for a special district seat on the LAFCO will  
            occur within 90 days.

          2)Extend, from 15 days to 30 days, the amount of time that local  
            officials can renegotiate a property tax transfer agreement if  
            the LAFCO modifies the proposed boundary change.

          3)Make other minor technical changes to provisions contained in  
            the Cortese-Knox-Hertzberg Local Government Reorganization Act  
            of 2000 (Cortese-Knox-Hertzberg Act).
           
          EXISTING LAW  establishes the procedures for the organization and  
          reorganization of cities, counties, and special districts.
           
          AS PASSED BY THE ASSEMBLY  , this bill:  

          1)Defined "divestiture of power" to mean the termination of the  
            power and authority to provide particular functions or classes  
            of services within all or part of the jurisdictional  
            boundaries 
          of a special district.

          2)Defined "Executive Officer" to mean the "executive officer or  
            designee as authorized by the commission" for the purposes of  








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            clarifying the Executive Officer's role in the special  
            district selection process.

          3)Clarified that a LAFCO may initiate proposals through action  
            of adopting a resolution.

          4)Clarified existing law to bring consistency to the process for  
            conducting elections by a board of supervisors or city  
            council.

          5)Made conforming changes to existing law to bring consistency  
            to election terms after incorporation.

          6)Provided additional time for a local agency that is  
            negotiating a property tax exchange as part of a proposal or  
            reorganization by allowing that local agency to notify the  
            LAFCO, the county auditor, and the other affected local  
            agencies of its desire to extend the negotiating period to 90  
            days.
          7)Corrected several obsolete and incorrect references contained  
            in the Cortese-Knox-Hertzberg Act.

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  As statutes go into effect, local officials and  
          others often discover problems or inconsistencies in the  
          language of the law and approach the Legislature to correct  
          them.  These minor problems do not warrant separate bills,  
          particularly since, according to the Legislative Analyst, in  
          2001-02 the average cost to produce a single bill was $17,890.

          The Assembly Local Government Committee has found that it is  
          expeditious and relatively inexpensive to respond to multiple  
          minor, non-controversial requests on related issues by combining  
          them into an annual "omnibus bill."  Since AB 720 (Local  
          Government Committee), Chapter 388, Statutes of 2001, which was  
          a clean-up bill for AB 2838 (Hertzberg), Chapter 761, Statutes  
          of 2000, the major rewrite of the laws governing local agency  
          organization and reorganization, the Committee has focused its  
          omnibus bill efforts on LAFCO-related issues, most recently with  
          AB 1582 (Local Government Committee), Chapter 155, Statutes of  
          2009.  The Committee has carried on this practice this year by  
          addressing a number of minor, but still necessary, changes in  
          this bill.  The bill reflects the concerns of LAFCOs and others  
          who have brought proposals and issues to the Committee.  All  








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          proposals have been thoroughly vetted by a large number of  
          stakeholders.  Any proposal that provokes any controversy or  
          opposition is rejected for inclusion.

          Support arguments:  This bill provides an efficient and  
          cost-effective way to make a number of minor technical and  
          non-controversial changes to law, rather than introducing a bill  
          for each change.

          Opposition arguments:  None at this time.

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


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