BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 72|
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CONSENT
Bill No: AB 72
Author: Holden (D) and Hernandez (D), et al.
Amended: 3/19/13 in Assembly
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 7-0, 5/15/13
AYES: Wolk, Knight, Beall, DeSaulnier, Emmerson, Hernandez, Liu
ASSEMBLY FLOOR : 75-0, 4/11/13 - See last page for vote
SUBJECT : Municipal water district: board of directors
SOURCE : Three Valleys Municipal Water District
DIGEST : This bill requires that a director of a municipal
water district (MWD), once elected into office, take office at
noon on the first Friday in December following the election.
ANALYSIS :
Existing law:
1. Establishes the Municipal Water District Law of 1911.
2. Requires that the board of directors of MWD consist of five
elected members 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
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successor.
4. Allows a vacancy on a MWD'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,
D. The first Tuesday after the first Monday in November
of each year.
8. 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.
This bill requires directors to take office at noon on the first
Friday in December succeeding their election, except for
directors elected at a formation election.
Comments
According to the author's office, allowing MWD directors to take
office on the first Friday in December permits newly elected
directors to start their term approximately 30 days sooner than
under existing law. The earlier swearing-in date enables MWD to
proceed to pressing business with new directors opposed to "lame
duck" directors who may not be as focused on the issues or as
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receptive to the interests of the voting public.
This bill brings the timeline for all MWD transitions of power
into sync with other California Water Districts. Once all water
district directors in California take office on the same date,
the current unfairness in the Water Code will be removed and all
voters can be assured of responsive representation from their
local Water District.
Related legislation
AB 17 (Davis, 2012) would have allowed MWDs directors who win
elections held before November to take office one month after
the election's certification. AB 17 died on the Senate Floor.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 5/17/13)
Three Valleys Municipal Water District (source)
Association of California Water Agencies
City of Burbank Department of Water and Power
California Municipal Utilities Association
California Special Districts Association
Calleguas Municipal Water District
City of Pasadena
Cucamonga Valley Water District
Eastern Municipal Water District
Humboldt Bay Municipal Water District
Municipal Water District of Orange County
Walnut Valley Water District
Western Municipal Water District
Yuima Municipal Water District
ASSEMBLY FLOOR : 75-0, 4/11/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Ch�vez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gorell, Gray, Grove,
Hagman, Hall, Roger Hern�ndez, Holden, Jones, Jones-Sawyer,
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Levine, Linder, Logue, Maienschein, Mansoor, Medina, Melendez,
Mitchell, Morrell, Mullin, Muratsuchi, Nazarian, Nestande,
Olsen, Pan, Patterson, Perea, V. Manuel P�rez, Quirk,
Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting, Torres,
Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Donnelly, Gordon, Harkey, Lowenthal, Vacancy
AB:d 5/21/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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