BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1427|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
CONSENT
Bill No: AB 1427
Author: Assembly Local Government Committee
Amended: 4/30/13 in Assembly
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 6-0, 6/12/13
AYES: Wolk, Knight, Beall, DeSaulnier, Emmerson, Liu
NO VOTE RECORDED: Hernandez
ASSEMBLY FLOOR : 70-0, 5/16/13 (Consent) - See last page for
vote
SUBJECT : Cortese-Knox-Hertzberg Local Government
Reorganization Act of
2000
SOURCE : California Association of Local Agency Formation
Commissions
DIGEST : This bill proposes eight, minor, non-controversial
changes to laws affecting local government organization and
reorganization.
ANALYSIS : 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).
This bill makes changes to state laws affecting LAFCOs and local
governments' boundaries.
CONTINUED
AB 1427
Page
2
1.Independent vs. dependent special district definition .
Existing 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.
This bill clarifies that difference between an independent
district and a dependent district.
2.Landowner definition . Existing 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.
This bill adds the plural forms of "person" in the definition.
1.Independent special district selection committee . Existing
law specifies the makeup, meeting requirements, and election
proceedings of an independent special district selection
committee. Existing law also requires that the selection
committee to appoint two regular members and one alternate
member to the commission.
This bill clarifies that appointed and elected commissioners
are members of an independent special district's legislative
body.
2.Santa Clara County . Santa Clara County has special provisions
regarding reorganization proposals. Existing 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
AB 1427
Page
3
specified findings in adopting a resolution approving the
reorganization.
This bill clarifies that this provision of law applies to city
annexations and reorganizations involving city annexations.
3.Petitions for a merger of a district . Existing law specifies
procedures for petitions for a merger or establishment of a
subsidiary district.
This bill corrects the typo, "resident voter district," to
"registered voter district."
4.Protest hearing notice . Existing 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.
This bill repeals the extended protest period.
5.Dissolution . Existing law sets forth procedures for a
dissolution.
This bill corrects a wording error, changing "consolidation"
to "dissolution" in the relevant section.
6.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.
This bill deletes an obsolete cross-reference and replaces it
with the proper code section.
Comments
According to the Senate Governance and Finance Committee
analysis, even the best written statutes contain minor flaws.
When statutory problems appear in the state law affecting
AB 1427
Page
4
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 this bill do not raise
statewide policy questions. This bill makes a complex statute
easier for property owners, residents, and local officials to
use.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/12/13)
California Association of Local Agency Formation Commissions
(source)
Association of California Water Agencies
Riverside LAFCO
San Bernardino LAFCO
San Diego LAFCO
ASSEMBLY FLOOR : 70-0, 5/16/13
AYES: Achadjian, Alejo, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dahle, Daly, Dickinson, Donnelly, Fong, Fox, Frazier, Garcia,
Gatto, Gomez, Gordon, Gorell, Gray, Hagman, Hall, Harkey,
Roger Hernández, Jones, Jones-Sawyer, Levine, Linder, Logue,
Lowenthal, Maienschein, Mansoor, Medina, Mitchell, Mullin,
Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea,
V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner,
Ting, Torres, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Allen, Buchanan, Eggman, Beth Gaines, Grove,
Holden, Melendez, Morrell, Stone, Vacancy
AB:nl 6/13/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
AB 1427
Page
5