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
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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