BILL NUMBER: AB 798	CHAPTERED
	BILL TEXT

	CHAPTER  85
	FILED WITH SECRETARY OF STATE  JULY 15, 2011
	APPROVED BY GOVERNOR  JULY 13, 2011
	PASSED THE SENATE  JUNE 23, 2011
	PASSED THE ASSEMBLY  JUNE 27, 2011
	AMENDED IN SENATE  JUNE 14, 2011

INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 17, 2011

   An act to amend Section 6529 of the Government Code, relating to
joint exercise of powers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 798, Chesbro. Joint powers agreement: public agencies.
   Existing law authorizes the Elk Valley Rancheria Tribal Council,
as the governing body of the Elk Valley Rancheria, California, a
federally recognized Indian tribe, to enter into a joint powers
agreement with the County of Del Norte and the City of Crescent City,
or both, and deems that joint powers agency to be a public agency
for this purpose. Existing law also prohibits the joint powers
authority from authorizing or issuing bonds pursuant to the
Marks-Roos Local Bond Pooling Act of 1985, unless the funded public
improvements will be owned and maintained by the authority or one or
more public agency members and the revenue streams pledged to repay
the bonds derived from the authority or one or more of its public
agency members.
   This bill would provide that the Smith River Rancheria Tribal
Council may enter into a joint powers agreement to participate in the
Border Coast Regional Airport Authority, and may also enter into a
joint powers agreement with the County of Del Norte, the City of
Crescent City, or both, for certain purposes, and, for those
purposes, would provide that the Smith River Rancheria Tribal Council
is a public agency for purposes of the law relating to joint powers
agencies. This bill would also extend the prohibition against issuing
bonds for public improvements except under specified circumstances
to any authority created pursuant to this bill.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6529 of the Government Code is amended to read:

   6529.  (a) (1) The Elk Valley Rancheria Tribal Council, as the
governing body of the Elk Valley Rancheria, California, a federally
recognized Indian tribe, may enter into a joint powers agreement with
the County of Del Norte and the City of Crescent City, or both, and
shall be deemed to be a public agency for purposes of this chapter.
   (2) The Smith River Rancheria Tribal Council, as the governing
body of the Smith River Rancheria, California, a federally recognized
Indian tribe, may enter into a joint powers agreement to participate
in the Border Coast Regional Airport Authority, and may also enter
into a joint powers agreement with the County of Del Norte and the
City of Crescent City, or both, to assist, facilitate, develop, or
enhance sewer, stormwater, drinking water, or transportation
services, and, for those purposes, shall be deemed to be a public
agency for purposes of this chapter.
   (b) On and after January 1, 2004, the joint powers authorities
created pursuant to subdivision (a) shall not have the power to
authorize or issue bonds pursuant to the Marks-Roos Local Bond
Pooling Act of 1985 (Article 4 (commencing with Section 6584) of
Chapter 5 of Division 7) unless the public improvements to be funded
by the bonds will be owned and maintained by the authorities or one
or more of its public agency members, and the revenue streams pledged
to repay the bonds derive from the authorities or one or more of its
public agency members.
  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances affecting the Smith River
Rancheria Tribal Council.