BILL NUMBER: AB 621 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Wagner
FEBRUARY 20, 2013
An act to amend Section 65401 of the Government Code,
relating to land use. An act to add Section 53593.5 to
the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 621, as amended, Wagner. Land use: general plan:
public works. Local government: bonds.
Existing law prohibits an investment firm, as defined, from having
specified interests in a new issue of bonds from a local agency.
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.
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.
This bill would make technical, nonsubstantive changes to those
submission, listing, and coordinated program requirements.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 53593.5 is added to the
Government Code , to read:
53593.5. (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.
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.