BILL ANALYSIS                                                                                                                                                                                                    Ó




                     SENATE GOVERNANCE & FINANCE COMMITTEE
                            Senator Lois Wolk, Chair
          

          BILL NO:  SB 184                      HEARING:  4/17/13
          AUTHOR:  Governance & Finance Committee FISCAL:  Yes
          VERSION:  4/9/13                      TAX LEVY:  No
          CONSULTANT:  Weinberger               

                      LOCAL GOVERNMENT OMNIBUS ACT OF 2013
          

          Proposes nine changes to state laws governing local  
          governments' powers and duties.


                           Background and Existing Law  

          Each year, local officials discover problems with the state  
          statutes that affect counties, cities, special districts,  
          and redevelopment agencies, as well as the laws on land use  
          planning and development.  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."  In 2012, for  
          example, the local government omnibus bill was 
          SB 1090 (Senate Governance & Finance Committee) which  
          contained 12 noncontroversial statutory changes, avoiding  
          about $200,000 in legislative costs.  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.


                                   Proposed Law  

          Senate Bill 184, the "Local Government Omnibus Act of  
          2013," proposes the following changes to the state laws  
          affecting local agencies' powers and duties:

           State collection of debts owed to special districts  .  If a  
          person or entity owes money to a city or county, that city  
          or county can request that the State Controller withhold  




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          money that the person or entity would otherwise receive  
          from a personal income tax refund, corporate income tax  
          refund, sales tax refund, state lottery winnings, or a  
          claim for payment of money from unclaimed property held by  
          the state (Government Code §12419.8).  The Controller can  
          withhold money only when the debt:
                 Has been reduced to a judgment,
                 Is contained in a court order,
                 Is from a bench warrant for a fine, penalty, or  
               assessment, or
                 Is a lien for delinquent unsecured property taxes.

          Special districts can only ask the State Controller to  
          withhold money from tax refunds, lottery winnings, or  
          unclaimed property payments to collect debts from unpaid  
          bridge tolls, high-occupancy toll lane fees, or other  
          charges on account of nonpayment of bridge toll or high  
          occupancy toll lane fees (Government Code §12419.12,  
          enacted by AB 1175, Torlakson, 2009).  California Special  
          Districts Association staff notes that special districts  
          could benefit from the same revenue collection efficiency  
          that benefits cities and counties when they ask the  
          Controller to collect debts by withholding state payments.   
          Senate Bill 184 expands special districts' existing  
          authority to use the State Controller's debt collection  
          program, giving special districts the same statutory  
          authority that cities and counties have to request that the  
          Controller withhold state payments to collect debts [see  
          §§2 and 3 of the bill].

           Gender-neutral references to city attorneys  .  Some statutes  
          that govern city attorneys have not been amended for many  
          decades and use the masculine pronouns "he" and "him" to  
          refer to a city attorney (Government Code §41802, §41803,  
          and §41805).  The League of California Cities' General  
          Counsel notes that this gender-specific language does not  
          conform to current usage.  Senate Bill 184 replaces  
          outdated references to "he" and "him" with the  
          gender-neutral term "the city attorney" [see §§4 - 6 of the  
          bill].  

           "Abuse of office" definition  .  State law requires a local  
          agency's employment contracts to contain a provision to  
          reimburse the local agency for specified salary, legal, and  
          settlement costs if an employee is convicted of a crime  
          involving an abuse of his or her office or position (AB  





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          1344, Feuer, 2011).  For the purposes of this requirement,  
          Government Code §53243.4 defines "abuse of office" as  
          either:
                 An abuse of public authority, including, but not  
               limited to, waste, fraud, and violation of the law  
               under color of authority.
                 A crime against public justice, including, but not  
               limited to, a crime described in Title 5 (commencing  
               with Section 67) or Title 7 (commencing with Section  
               92) of Part 1 of the Penal Code.
          The Local Government Omnibus Act of 2012 (SB 1090, Senate  
          Governance & Finance Committee) added the cross-reference  
          to Title 5 of the Penal Code.  Assembly Local Government  
          Committee staff notes that the current definition excludes  
          important crimes that are contained in Title 6 of the Penal  
          Code.  Senate Bill 184 adds a cross-reference to Title 6 of  
          the Penal Code to more accurately define the phrase "abuse  
          of office"[see §7 in the bill].

           Counties and Infrastructure Financing Districts  . Cities and  
          counties can create Infrastructure Financing Districts  
          (IFDs) and issue bonds to pay for community scale public  
          works: highways, transit, water systems, sewer projects,  
          flood control, child care facilities, libraries, parks, and  
          solid waste facilities.  To repay the bonds, IFDs divert  
          property tax increment revenues from other local  
          governments -- but not schools -- for 30 years (SB 308,  
          Seymour, 1990).  California State Association of Counties  
          staff notes that the statutes governing IFDs only use the  
          term "city" because "city" is defined, for the purposes of  
          the IFD statutes, as including a county and a city and  
          county.  The exclusive use of the term "city" throughout  
          the IFD statutes may mislead some readers into thinking  
          that counties are not authorized to use IFDs.  Senate Bill  
          184 removes counties from the definition of a city and  
          inserts the term "county" throughout the statutes governing  
          IFDs [see §§8 - 16 in the bill].

           Subdivision Map Act Update  .  The Subdivision Map Act  
          (Government Code §66410, et seq.) controls how local  
          officials approve the division of property into smaller  
          parcels.  To approve a major subdivision, local officials  
          approve a "tentative map," the subdivider fulfills the  
          conditions, and then local officials issue the "final map."  
           For a minor subdivision ("lot split"), the local officials  
          approve and issue a final "parcel map."  When the county  





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          surveyor or city engineer approves a parcel map, he or she  
          must sign the map, indicate his or her registration number,  
          and stamp the map with his or her seal (Government Code  
          §66450 [a]).  When the county surveyor or city engineer  
          approves a final map, he or she must sign the map and  
          indicate his or her registration number, and stamp the map  
          with his or her seal.  Additionally, state law requires the  
          licensed professional who prepared a parcel map or final  
          map to include a specified statement on the map.  The  
          California Land Surveyor's Association wants this statement  
          to provide additional information about the timing of a  
          map's completion and the identification of the licensee who  
          prepared a map.  Senate Bill 184 amends Government Code  
          Sections 66442.5 and 66449 to provide more complete  
          information of the licensee who prepared a map by including  
          the "date signed" and the actual "seal" of the licensee  
          [see §§17 and 18 in the bill].

           Public Cemetery District Law's Definition of "Family  
          Member.  "  In 2003, the Legislature modernized and  
          recodified the Public Cemetery District Law, which governs  
          California's 250 cemetery districts (Health & Safety Code  
          9000, et seq., recodified by SB 341, Senate Local  
          Government Committee, 2003).  The Public Cemetery District  
          Law defines the term "family member" as:
          any spouse, by marriage or otherwise, 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.

          State law establishes a statewide domestic partnership  
          registry (AB 26, Migden 1999) and requires that registered  
          domestic partners have the same rights, protections, and  
          benefits as are granted to spouses (AB 205, Goldberg,  
          2003).  Cemetery District officials note that the Public  
          Cemetery District Law's definition of "family member" omits  
          domestic partners.  Senate Bill 184 clarifies that a  
          domestic partner is included in the Public Cemetery  
          District Law's definition of "family member" [see §19 in  
          the bill].

           Ventura Resource Conservation District's Board of  
          Directors  .  The 98 resource conservation districts (RCDs)  
          in California conserve soil and water, control runoff,  





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          stabilize soil, protect water quality, reclaim water, and  
          develop water storage facilities and distribution systems.   
          RCDs are governed by five-, seven-, or nine-member boards.   
          The number of directors may be changed by resolution  
          adopted by a majority of the members of the board of  
          directors (AB 278, Costa, 1991).  The special act governing  
          the Ventura County Resource Conservation District splits  
          the District into three divisions and requires that three  
          members of the board of directors must be elected from each  
          division (AB 1914, Imbrecht and Priolo, 1978).  Ventura  
          County Resource Conservation District officials want to  
          eliminate the District's three divisions and reduce the  
          size of the governing board to seven directors who are  
          elected at-large. To allow the Ventura County Resource  
          Conservation District to follow general state laws that  
          govern the size and election of a resource conservation  
          district's board of directors, Senate Bill 184 deletes  
          statutes in the District's special act that require the  
          District to be split into three divisions [see §§20 - 25 in  
          the bill].

           Baldwin Hills Conservancy Governing Board  .  State law  
          establishes the Baldwin Hills Conservancy to acquire and  
          manage public lands within the Baldwin Hills area, and to  
          provide recreational, open space, wildlife habitat  
          restoration and protection, and lands for educational uses  
          within the area (SB 1625, Murray, 2000).  The Conservancy's  
          governing board consists of 13 voting members and seven  
          nonvoting members.  One of the voting members is the member  
          of the Los Angeles County Board of Supervisors within whose  
          district the majority of the Baldwin Hills area is located  
          (AB 966, Wesson, 2001).  Some of the Board's voting  
          members, including the Secretary of the Resources Agency,  
          the Director of Parks and Recreation, the Director of  
          Finance, and the Director of the Los Angeles County  
          Department of Parks can name a designee to sit on the  
          board.  Los Angeles County staff notes that the county  
          supervisor who sits on the Conservancy's board is not  
          authorized to name a designee to sit on the board.  Senate  
          Bill 184 authorizes the Los Angeles County supervisor who  
          sits as a voting member of the Baldwin Hills Conservancy's  
          governing board to name a designee to sit on the board [see  
          §26 in the bill].

           PBID Assessments on Tax-Exempt Property  . Proposition 218  
          (1996) requires owners of  real property to approve benefit  





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          assessments in a weighted ballot protest proceeding;  
          property owners vote in proportion to their proposed  
          assessments, which reflect how much their property benefits  
          from the proposed public works or public services.  The  
          Property and Business Improvement District Law of 1994  
          allows property owners to petition a city (or county) to  
          set up an improvement district (PBID) and levy assessments  
          on property owners, business owners, or both, to pay for  
          certain improvements and activities (AB 3754, Caldera,  
          1994).  The 1994 Law allows a PBID's management plan to  
          provide that "real property which is exempt by law from  
          real property taxation may nevertheless be included within  
          the boundaries of the district but shall not be subject to  
          assessment on real property."  Practitioners who work with  
          PBIDs note that this language is ambiguous and appears to  
          conflict with Proposition 218's special benefit  
          requirements by allowing tax-exempt parcels that benefit  
          from PBID activities and improvements to be excluded from  
          the assessment.  Senate Bill 184 deletes the ambiguous  
          language in the 1994 Act that conflicts with Proposition  
          218 [see §27 in the bill].


                               State Revenue Impact
           
          No estimate.


                                     Comment  

           Purpose of the bill  .  SB 184 compiles nine noncontroversial  
          changes to state laws affecting local agencies and land use  
          into a single bill.  Sending a bill through the legislative  
          process costs around $18,000.  By avoiding 8 other bills,  
          the Committee's measure avoids over $140,000 in legislative  
          costs.  Although the practice may violate a strict  
          interpretation of the single-subject and germaneness rules,  
          the Committee insists on a very public review of each item.  
           More than 100 public officials, trade groups, lobbyists,  
          and legislative staffers see each proposal before it goes  
          into the Committee's bill.  Should any item in SB 184  
          attract opposition, the Committee will delete it.  In this  
          transparent process, there is no hidden agenda.  If it's  
          not consensus, it's not omnibus.







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                         Support and Opposition  (4/11/13)

           Support  :  County of Los Angeles; California Association of  
          Public Cemeteries; California Land Surveyors Association;  
          California Special Districts Association; California State  
          Association of Counties; MuniServices.

           Opposition  :  Unknown.