Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 621

Introduced by Assembly Member Wagner

February 20, 2013

begin delete An act to amend Section 65401 of the Government Code, relating to land use. end delete begin insert An act to add Section 53593.5 to the Government Code, relating to local government. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 621, as amended, Wagner. begin delete Land use: general plan: public works. end delete begin insert Local government: bonds. end insert

begin insert

Existing law prohibits an investment firm, as defined, from having specified interests in a new issue of bonds from a local agency.

end insert begin insert

This bill would prohibit a local agency from entering into a financial advisory, legal advisory, underwriting, or similar relationship with an individual or firm, with respect to a bond issue that requires voter approval on or after January 1, 2014, if that individual or firm, or an employee, agent, or person related to an employee or agent of the individual or firm, provided or will provide bond campaign services, as defined, to the bond campaign.

end insert begin delete

The Planning and Zoning Law requires a city or county to adopt a comprehensive, long-term general plan for the physical development of the city or county, and of any land outside its boundaries that bears relation to its planning. That law requires, if a general plan or portion thereof has been adopted, specified local government officials and entities to submit to a designated official agency a list of proposed public works recommended for the ensuing fiscal year. That law also requires the recipient agency to list and classify these recommendations and to prepare a coordinated program of proposed public works for the ensuing fiscal year.

end delete begin delete

This bill would make technical, nonsubstantive changes to those submission, listing, and coordinated program requirements.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 53593.5 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 53593.5. end insert   

(a) A local agency shall not enter into a financial
advisory, legal advisory, underwriting, or other similar relationship
with an individual or firm, with respect to a new issue of bonds
that requires voter approval on or after January 1, 2014, if that
individual or firm, or an employee, agent, or person related to an
employee or agent of the individual or firm, provided or will
provide bond campaign services to the bond campaign.

(b) For purposes of this section, “related” includes, but is not
limited to, a family relationship by blood or marriage, a financial
relationship, an affiliation between business associations, or
business associations with directors or principals in common.

(c) (1) For purposes of this section, “bond campaign services”
includes fundraising, donation by the individual or firm to the
bond campaign, public opinion polling, election strategy and
management, organization of campaign volunteers, get-out-the-vote
services, development of campaign literature, and advocacy
materials.

(2) “Bond campaign services” does not include either of the
following:

(A) Advice and support related to the preparation of tax rate
statements and other documentation required for inclusion in the
voter pamphlet published by the applicable county registrar of
voters.

(B) Public opinion polling that is conducted before a bond
measure is placed on the ballot for the purposes of gathering
information regarding, and evaluating the potential for, the
adoption of the bond measure by the electorate.

end insert

begin delete

SECTION 1.  

Section 65401 of the Government Code is
amended to read:

65401.  

If a general plan or part thereof has been adopted, within
the time fixed by the legislative body, each county or city officer,
department, board, or commission, and each governmental body,
commission, or board, including the governing body of any special
district or school district, whose jurisdiction lies wholly or partially
within the county or city, whose functions include recommending,
preparing plans for, or constructing major public works, shall
submit to the official agency, as designated by the respective
county board of supervisors or city council, a list of the proposed
public works recommended for planning, initiation, or construction
during the ensuing fiscal year. The official agency receiving the
list of proposed public works shall list and classify all of these
recommendations and shall prepare a coordinated program of
proposed public works for the ensuing fiscal year. The coordinated
program shall be submitted to the county or city planning agency
for review and report to the official agency as to conformity with
the adopted general plan or part thereof.

end delete