BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 72
                                                                  Page  1

           Date of Hearing:  April 3, 2013

                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
                           K.H. "Katcho" Achadjian, Chair
                     AB 72 (Holden) - As Amended:  March 19, 2013
           
          SUBJECT  :  Municipal water district: board of directors.  

           SUMMARY  :  Requires that a director of a municipal water  
          district, once elected into office, take office at noon on the  
          first Friday in December following the election.  

           EXISTING LAW  : 

          1)Establishes the Municipal Water District Law of 1911.

          2)Requires that the board of directors of a municipal water  
            district consist of five elected members (directors) whom  
            reside in the district they are elected to represent.  

          3)Establishes a four-year term for directors after the date of  
            taking office and until the election and qualification of the  
            successor.  

          4)Allows a vacancy on a district's board to be filled by  
            appointment or by a special election.  

          5)Requires directors to be elected at the general district  
            election.  

          6)Defines the term "general election" to mean the election held  
            throughout the state on the first Tuesday after the first  
            Monday of November in each even numbered year or any statewide  
            elections held on a regular election date as specified in  
            state law.  

          7)Recognizes the following dates as established election dates:

             a)   The second Tuesday of April in each even numbered year;

             b)   The first Tuesday after the first Monday in March of  
               each odd-numbered year;

             c)   The first Tuesday after the first Monday in June in each  
               year; and,








                                                                  AB 72
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             d)   The first Tuesday after the first Monday in November of  
               each year.

          1)Requires elected directors to take office at noon on the first  
            Monday after the January 1st succeeding their election, except  
            for directors elected at the formation election.  

           FISCAL EFFECT  :   None  

           COMMENTS  :   

          1)Existing law requires municipal water districts to have a  
            board of directors that consists of five members who reside in  
            the district where they are elected.  The terms for directors  
            are four years.  Directors are required to be elected at the  
            general district election, which occurs in November or in any  
            of the general district election dates established in current  
            law.  Provisions in existing law also require that elected  
            directors take office on the first Monday in January  
            succeeding the election.  This bill will shorten the current  
            time period between a director's election and time of swearing  
            in by requiring that directors take office at noon on the  
            first Friday in December.  This bill is sponsored by the Three  
            Valleys Municipal Water District.  

          2)According to the author's office, "voters in Municipal Water  
            Districts are faced with 'lame duck' directors serving longer  
            tenures without any electoral control or pressure.  As a  
            result many Municipal Water Districts face delays in moving  
            onto pressing business, because 'lame duck' directors are  
            unwilling to substantively carry out district business before  
            their term expires."

          3)The author argues that this bill will create consistency by  
            requiring municipal water district directors to take office at  
            the same time as California water district directors.   
            Existing law requires that California water district directors  
            are elected in the general election held on the first Tuesday  
            after the first Monday in November in each odd-numbered year  
            and take office at noon on the first Friday in December  
            following the election.  

          4)The author may wish to consider whether it makes sense to make  
            the election date consistent for municipal water districts and  








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            California water districts.  The Committee is aware of only  
            one municipal water district that held elections for directors  
            on a general election date outside of November; therefore the  
            author may wish to amend current law to reflect the common  
            practice of electing directors in the general November  
            elections.  

           5)Support arguments  :  Supporters argue that this bill will solve  
            the current problem of lame duck directors who may be  
            disinclined to productively carry out business during their  
            remaining time in office.  

             Opposition arguments  :  Opponents may argue that if the wait  
            period between elections and taking office does not affect the  
            efficiency for county officers then it should be no different  
            for municipal water district directors.  

           















          REGISTERED SUPPORT / OPPOSITION  :   

          Support 
           
          Three Valleys Municipal Water District [SPONSOR]
          Association of California Water Agencies
          Burbank Water and Power
          California Municipal Utilities Association
          California Special Districts Association
          Calleguas Municipal Water District
          City of Pasadena
          Cucamonga Valley Water District








                                                                  AB 72
                                                                  Page  4

          Eastern Municipal Water District
          Humboldt Bay Municipal Water District 
          Las Virgenes Municipal Water District [support if amended]
          Municipal Water District of Orange County
          Valley Center Municipal Water District
          Walnut Valley Water District
          Western Municipal Water District
          Yuima Municipal Water District

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Misa Yokoi-Shelton / L. GOV. / (916)  
          319-3958