Senate Bill No. 184

Introduced by Committee on Governance and Finance (Senators Wolk (Chair), Beall, DeSaulnier, Emmerson, Hernandez, Knight, and Liu)

February 6, 2013

An act to amend Sections 53243.4, 66442.5, and 66449 of the Government Code, to amend Section 9002 of the Health and Safety Code, and to amend Section 32556 of the Public Resources Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

SB 184, as introduced, Committee on Governance and Finance. Local government: omnibus bill.

(1) Existing law, the Public Cemetery District Law, defines the term “family member” for purposes of that law to include, among others, a person’s spouse.

This bill would additionally include within the definition of “family member” a person’s domestic partner, and would define the term “domestic partner,” as specified.

(2) Existing law requires specified employment contracts between a local agency and an officer or employee to include a provision that would fully reimburse the local agency for that officer’s or employee’s salary if that officer or employee is convicted of a crime involving an abuse of his or her office or position. Existing law, for purposes of these provisions, defines the term “abuse of office or position” to include, among other things, a crime against public justice, including bribery of a executive or judicial officer of the state.

This bill would revise the definition of “abuse of office or position” to include bribery of a Member of the Legislature.

(3) Existing law, the Subdivision Map Act, requires the city engineer or county surveyor, as appropriate, to sign an approved final or parcel map and indicate his or her registration number and stamp the map with his or her seal.

This bill would additionally require the city engineer or county surveyor to provide that date on which he or she signed the final or parcel map, and to include his or her seal.

(4) Existing law, the Baldwin Hills Conservancy Act, requires the board of the Baldwin Hills Conservancy to consist of 13 voting members, including, among others, the member of the Los Angeles County Board of Supervisors within whose district the majority of the Baldwin Hills area is located.

This bill would instead require one of the 13 voting members to include the member of the Los Angeles County Board of Supervisors within whose district the majority of the Baldwin Hills area is located, or his or her designee.

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.  

(a) This act shall be known, and may be cited,
as the Local Government Omnibus Act of 2013.

(b) The Legislature finds and declares that Californians want
their governments to be run efficiently and economically and that
public officials should avoid waste and duplication whenever
possible. The Legislature further finds and declares that it desires
to control its own costs by reducing the number of separate bills.
Therefore, it is the intent of the Legislature in enacting this act to
combine several minor, noncontroversial statutory changes relating
to the common theme, purpose, and subject of local government
into a single measure.

SEC. 2.  

Section 53243.4 of the Government Code is amended
to read:

53243.4.  

For purposes of this article, “abuse of office or
position” means either of the following:

(a) An abuse of public authority, including, but not limited to,
waste, fraud, and violation of the law under color of authority.

(b) A crime against public justice, including, but not limited to,
a crime described in Title 5 (commencing with Section 67) begin insert , Title end insert
begin insert 6 (commencing with Section 85), end insert or Title 7 (commencing with
Section 92) of Part 1 of the Penal Code.

SEC. 3.  

Section 66442.5 of the Government Code is amended
to read:

66442.5.  

The following statements shall appear on a final map:

begin delete (a) end delete begin delete   end delete Engineer’s begin delete (surveyor’s) end delete begin insert or Surveyor’s end insert statement:

This map was prepared by me or under my direction and is based
upon a field survey in conformance with the requirements of the
Subdivision Map Act and local ordinance at the request of (name
of person authorizing map) on (date). I hereby state that all the
monuments are of the character and occupy the positions indicated
or that they will be set in those positions before (date), and that
the monuments are, or will be, sufficient to enable the survey to
be retraced, and that this final map substantially conforms to the
conditionally approved tentative map.

 

(Signed)	begin insert (Date Signed) _____ end insert
begin delete R.C.E. (or L.S.) end delete begin insert L.S. or R.C.E. end insert No.	begin insert (Seal) end insert
(b) Recorder’s certificate or statement.  Filed this ___ day of ____, 20__, at ____m. in Book ____ of ____, at page ____, at the request of ________.
Signed
	County Recorder

 

SEC. 4.  

Section 66449 of the Government Code is amended
to read:

66449.  

The following statements shall appear on a parcel map:

begin delete (a) end delete begin delete   end delete Engineer’s begin delete (surveyor’s) end delete begin insert or Surveyor’s end insert statement:

This map was prepared by me or under my direction (and was
compiled from record data) (and is based upon a field survey) in
conformance with the requirements of the Subdivision Map Act
and local ordinance at the request of (name of person authorizing
map) on (date). I hereby state that this parcel map substantially
conforms to the approved or conditionally approved tentative map,
if any.

 

(Signed)	begin insert (Date Signed)____ end insert
begin delete R.C.E. (or L.S.) end delete begin insert L.S. or R.C.E. end insert No.	begin insert (Seal) end insert
(b) Recorder’s certificate or statement.  Filed this ___ day of ____, 20__, at ____m. in Book ____ of ____, at page ____, at the request of ________.
Signed
	County Recorder

 

SEC. 5.  

Section 9002 of the Health and Safety Code is amended
to read:

9002.  

The definitions in Chapter 1 (commencing with Section
7000) of Part 1 of Division 7 apply to this part. Further, as used
in this part, the following terms have the following meanings:

(a)  “Active militia” means the active militia as defined by
Section 120 of the Military and Veterans Code.

(b)  “Armed services” means the armed services as defined by
Section 18540 of the Government Code.

(c)  “Board of trustees” means the legislative body of a district.

(d)  “District” means a public cemetery district created pursuant
to this part or any of its statutory predecessors.

begin insert

(e) “Domestic partner” means two adults who have chosen to
share one another’s lives in an intimate and committed relationship
of mutual caring, and are qualified and registered with the
Secretary of State as domestic partners in accordance with Division
2.5, of the Family Code.

end insert begin delete

(e)

end delete

begin insert (f) end insert  “Family member” means any spouse, by marriage or
otherwise, begin insert domestic partner, end insert child or stepchild, by natural birth or
adoption, parent, brother, sister, half-brother, half-sister,
parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt,
uncle, first cousin, or any person denoted by the prefix “grand” or
“great,” or the spouse of any of these persons.

begin delete

(f)

end delete

begin insert (g) end insert  “Firefighter” means a firefighter as defined by Section
1797.182.

begin delete

(g)

end delete

begin insert (h) end insert  “Interment right” means the right to use or control the use
of a plot, niche, or other space, authorized by this part, for the
interment of human remains.

begin delete

(h)

end delete

begin insert (i) end insert  “Nonresident” means a person who does not reside within a
district or does not pay property taxes on property located in a
district.

begin delete

(i)

end delete

begin insert (j) end insert  “Peace officer” means a peace officer as defined by Section
830 of the Penal Code.

begin delete

(j)

end delete

begin insert (k) end insert  “Principal county” means the county having all or the greater
portion of the entire assessed value, as shown on the last equalized
assessment roll of the county or counties, of all taxable property
within a district.

begin delete

(k)

end delete

begin insert (l) end insert  “Voter” means a voter as defined by Section 359 of the
Elections Code.

SEC. 6.  

Section 32556 of the Public Resources Code is
amended to read:

32556.  

(a) The board shall consist of 13 voting members and
7 nonvoting members.

(b) The 13 voting members of the board shall consist of the
following:

(1) The Secretary of the Resources Agency, or his or her
designee.

(2) The Director of Parks and Recreation, or his or her designee.

(3) The Director of Finance, or his or her designee.

(4) The Director of the Los Angeles County Department of
Parks, or his or her designee.

(5) The member of the Los Angeles County Board of
Supervisors within whose district the majority of the Baldwin Hills
area is located begin insert , or his or her designee end insert .

(6) Six members of the public appointed by the Governor who
are residents of Los Angeles County and who represent the
diversity of the community surrounding the Baldwin Hills area.
Of those six members, four members shall be selected as follows:

(A) One member shall be a resident of Culver City selected
from a list of three persons nominated by the city council.

(B) Three members shall be residents of the adjacent
communities of Blair Hills, Ladera Heights, Baldwin Hills,
Windsor Hills, Inglewood, View Park, or Baldwin Vista.

(7) A resident of Los Angeles County appointed by the Speaker
of the Assembly, and a resident of Los Angeles County appointed
by the Senate Committee on Rules.

(c) The seven nonvoting members shall consist of the following:

(1) The Secretary of the California Environmental Protection
Agency, or his or her designee.

(2) The Executive Officer of the State Coastal Conservancy, or
his or her designee.

(3) The Executive Officer of the State Lands Commission, or
his or her designee.

(4) An appointee of the Governor with experience in developing
contaminated sites, commonly referred to as “brownfields.”

(5) The Executive Director of the Santa Monica Mountains
Conservancy, or his or her designee.

(6) The Director of the Culver City Human Services Department,
or his or her designee.

(7) The Director of the Department of Conservation, or his or
her designee.

(d) A quorum shall consist of seven voting members of the
board, and any action of the board affecting any matter before the
board shall be decided by a majority vote of the voting members
present, a quorum being present. However, the affirmative vote
of at least four of the voting members of the board shall be required
for the transaction of any business of the board.

(e) The board shall do both of the following:

(1) Study the potential environmental and recreational uses of
Ballona Creek and the adjacent property described in subdivision
(a) of Section 32553.

(2) Develop a proposed map for that area.