BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 408|
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THIRD READING
Bill No: AB 408
Author: Bonta (D)
Amended: 4/15/13 in Assembly
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 5-0, 06/12/13
AYES: Wolk, Knight, Beall, DeSaulnier, Liu
NO VOTE RECORDED: Emmerson, Hernandez
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 70-0, 5/16/13 (Consent) - See last page for
vote
SUBJECT : Municipal utility districts: elections
SOURCE : East Bay Municipal Utility District
DIGEST : This bill establishes appointment procedures for
municipal utility districts with a seven-member board of
directors if no candidate or only one candidate files for
candidacy by 5 p.m. on or before the 83rd day prior to the
election.
ANALYSIS : Existing law allows cities, regional park and
open-space districts, water storage districts, water
replenishment districts, school districts, and special districts
that have incorporated Uniform District Election Law into their
enabling acts to appoint uncontested candidates in place of
elections.
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AB 408
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2
In 1921, the Legislature enacted the Municipal Utility District
Act (MUD). The Legislature later allowed any district formed
prior to January 1, 1974, with a population of 1,000,000 or more
on that date to increase the size of its board of directors from
five to seven members.
This bill allows seven member municipal utility district boards,
at a regular or special meeting held within a seven-day period
beginning after 5 p.m. on or before the 83rd day of the election
and ending on or before the 76th day prior to election, to adopt
one of the following courses of action:
1.If one person files for candidacy, appoint that person or hold
an election; or,
2.If no person files for candidacy, appoint any qualified person
or hold an election.
This bill establishes appointment procedures for municipal
utility districts with a seven-member board of directors if no
candidate or only one candidate files for candidacy by 5 p.m. on
or before the 83rd day prior to the election.
Specifically this bill:
1.Requires a county elections official to submit a certificate
of facts to the district board if no candidate or only one
candidate files for candidacy by 5 p.m. on or before the 83rd
day prior to the election.
2.Allows the board to adopt a process to appoint any qualified
person to office on or before the 76th day prior to the
election, and requires the board, upon adoption of the
process, to make the actual appointment prior to the election.
3.Requires the board to hold an election for the office, if an
appointment has not been made or an appointment process has
not been adopted by the 76th day prior to the election.
4.Requires appointed directors to take office and serve exactly
as if elected at an election for the office.
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AB 408
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5.Prohibits the elections official from accepting any statement
filing of a write-in candidate submitted after an appointment
is made.
6.States that this bill's provisions are effective for any
election that takes place after January 1, 2014.
This bill provides that no reimbursement will be made because
the local agency is requesting the authority established by this
bill.
Comments
According to the author's office, this bill protects the
ratepayers of the East Bay Municipal Utility District (EBMUD) by
providing EBMUD with the same ability that other local
governments already have to use an appointment process for
uncontested candidates rather than bearing the cost burden of an
election. Most local governmental entities, including cities,
regional park districts, school districts, and enterprise and
non-enterprise special districts, have the ability to use an
appointment process in lieu of an election when candidates are
unopposed. However, EBMUD does not have the same ability, as
existing law does not include provisions authorizing appointment
of uncontested candidates to the board of a municipal utility
district.
This bill is particularly critical as election costs have risen
appreciably over the years, becoming overly burdensome.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 7/1/13)
East Bay Municipal Utility District (source)
California Association of Sanitation Agencies
California Special Districts Association
Sacramento Municipal Utility District
ASSEMBLY FLOOR : 70-0, 5/16/13
AYES: Achadjian, Alejo, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
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AB 408
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Dahle, Daly, Dickinson, Donnelly, Fong, Fox, Frazier, Garcia,
Gatto, Gomez, Gordon, Gorell, Gray, Hagman, Hall, Harkey,
Roger Hern�ndez, Jones, Jones-Sawyer, Levine, Linder, Logue,
Lowenthal, Maienschein, Mansoor, Medina, Mitchell, Mullin,
Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea,
V. Manuel P�rez, Quirk, Quirk-Silva, Rendon, Salas, Skinner,
Ting, Torres, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Allen, Buchanan, Eggman, Beth Gaines, Grove,
Holden, Melendez, Morrell, Stone, Vacancy
AB:d 7/1/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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