BILL ANALYSIS �
SENATE GOVERNANCE & FINANCE COMMITTEE
Senator Lois Wolk, Chair
BILL NO: AB 1427 HEARING: 6/12/13
AUTHOR: Committee on Local GovernmentFISCAL: No
VERSION: 4/30/13 TAX LEVY: No
CONSULTANT: Lui
LOCAL AGENCY FORMATION COMMISSIONS
Proposes eight changes to laws affecting local government
organization and reorganization.
Background and Existing Law
The Cortese-Knox-Hertzberg Local Government Reorganization
Act delegates the Legislature's power to control the
boundaries of cities and special districts to local agency
formation commissions (LAFCOs). The courts call LAFCOs the
Legislature's watchdog over local boundary changes.
As practitioners find problems with the
Cortese-Knox-Hertzberg Act, they ask for statutory
improvements. These minor problems do not warrant separate
(and expensive) bills. According to the Legislative
Analyst, in 2001-02, the cost of producing a bill was
$17,890.
Legislators respond by combining several of these minor
topics into an annual "omnibus bill." Although this
practice may violate a strict interpretation of the
single-subject and germaneness rules as presented in
Californians for an Open Primary v. McPherson (2006), it is
an expeditious and relatively inexpensive way to respond to
multiple requests. The Assembly Local Government Committee
annually authors a LAFCO-related omnibus bill (AB 2795,
2010; AB 1430, 2011; AB 2698, 2012). Last year's LAFCO
clean-up bill was AB 2698 (Assembly Local Government
Committee, 2012).
Proposed Law
AB 1427 makes changes to state laws affecting local agency
formation commissions (LAFCOs) and local governments'
AB 1427 -- 4/30/13 -- Page 2
boundaries.
Independent vs. dependent special district definition .
Current law defines an "independent district" or
"independent special district" to include any special
district that has a legislative body, whose members are
elected by registered voters or landowners within the
district or whose members are appointed to fixed terms. AB
1427 clarifies that difference between an independent
district and a dependent district.
Landowner definition . Current law defines a "landowner" as
any of the following:
A person shown as the landowner on the last
equalized assessment roll by the county at the time
the determination is required to be made;
Any person shown in the recorded written agreement
of sale as the purchase; or
Any public agency owning land other than highways,
rights-of-way, easements, waterways, or canals.
AB 1427 adds the plural forms of "person" in the
definition.
Independent special district selection committee . Current
law specifies the makeup, meeting requirements, and
election proceedings of an independent special district
selection committee. The law also requires that the
selection committee to appoint two regular members and one
alternate member to the commission. AB 1427 clarifies that
appointed and elected commissioners are members of an
independent special district's legislative body.
Santa Clara County . Santa Clara County has special
provisions regarding reorganization proposals. Current law
prohibits the LAFCO from reviewing a reorganization that
includes an annexation to any city in Santa Clara County
that is within the urban service area of the city and the
annexation is initiated by resolution. Instead, the city
council must be the conducting authority for the
reorganization and must make specified findings in adopting
a resolution approving the reorganization. AB 1427
clarifies that this provision of law applies to city
annexations and reorganizations involving city annexations.
AB 1427 -- 4/30/13 -- Page 3
Petitions for a merger of a district . Current law
specifies procedures for petitions for a merger or
establishment of a subsidiary district. AB 1427 corrects
the typo, "resident voter district," to "registered voter
district."
Protest hearing notice . Current law requires a LAFCO
executive office to give notice of the protest hearing, and
sets forth procedures for those notice requirements. A
protest hearing must be held within 60 days from the date
specified for the hearing in the notice. If inhabited
territory is proposed to be annexed to a city with more
than 100,000 residents in the County of Los Angeles, the
protest hearing date must be at least 90 days, but not more
than 105 days, after the adoption date of the resolution
initiating the proceeding. AB 1427 repeals the extended
protest period.
Dissolution . Current law sets forth procedures for a
dissolution. AB 1427 corrects a wording error, changing
"consolidation" to "dissolution" in the relevant section.
Election location . For a change of organization or
reorganization that is subject to voter confirmation, a
LAFCO must determine where the election will be held. AB
1427 deletes an obsolete cross-reference and replaces it
with the proper code section.
State Revenue Impact
No estimate.
Comments
Purpose of the bill . Even the best written statutes
contain minor flaws. When statutory problems appear in the
state law affecting LAFCOs, the Assembly Local Government
Committee avoids legislative costs by combining several
changes to the state laws into a single, consensus bill.
By carefully reviewing each item with the affected parties,
the Committee also avoids controversy. The changes made by
AB 1427 don't raise statewide policy questions. AB 1427
makes a complex statute easier for property owners,
residents, and local officials to use.
AB 1427 -- 4/30/13 -- Page 4
Assembly Actions
Assembly Local Government:8-0
Assembly Floor: 70-0
Support and Opposition (6/6/13)
Support : California Association of Local Agency Formation
Commissions (CALAFCO); Association of California Water
Agencies; Riverside LAFCO; San Bernardino LAFCO; San Diego
LAFCO.
Opposition : Unknown.