BILL ANALYSIS                                                                                                                                                                                                    ”



                                                                  AB 72
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          ASSEMBLY THIRD READING
          AB 72 (Holden and Roger HernŠndez)
          As Amended  March 19, 2013
          Majority vote 

           LOCAL GOVERNMENT    9-0                                         
           
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          |Ayes:|Achadjian, Levine, Alejo, |     |                          |
          |     |Bradford, Gordon,         |     |                          |
          |     |Melendez, Mullin,         |     |                          |
          |     |Waldron, Bonta            |     |                          |
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           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:









                                                                  AB 72
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             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,

             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 January 1st succeeding their election, except for  
            directors elected at the formation election.  

           FISCAL EFFECT  :  None  

           COMMENTS  :  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.  

          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."

          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  








                                                                 AB 72
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          the first Monday in November in each odd-numbered year and take  
          office at noon on the first Friday in December following the  
          election.  

          The author may wish to consider whether it makes sense to make  
          the election date consistent for municipal water districts and  
          California water districts.  The Assembly Local Government  
          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.  Additionally, this specification of  
          the November general election will prevent the bill from  
          unintentionally creating a longer waiting period for directors  
          elected in a special election outside of November to fill a  
          vacancy.  

          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.  


           Analysis Prepared by  :    Misa Yokoi-Shelton / L. GOV. / (916)  
          319-3958 


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