BILL ANALYSIS Ó AB 72 Page 1 ASSEMBLY THIRD READING AB 72 (Holden and Roger Hernández) As Amended March 19, 2013 Majority vote LOCAL GOVERNMENT 9-0 ----------------------------------------------------------------- |Ayes:|Achadjian, Levine, Alejo, | | | | |Bradford, Gordon, | | | | |Melendez, Mullin, | | | | |Waldron, Bonta | | | ----------------------------------------------------------------- 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 Page 2 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 Page 3 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