BILL ANALYSIS �
AB 72
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ASSEMBLY THIRD READING
AB 72 (Holden and Roger Hern�ndez)
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:
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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
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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
FN: 0000096