BILL ANALYSIS Ó
SB 184
Page 1
SENATE THIRD READING
SB 184 (Governance and Finance Committee)
As Amended June 10, 2013
Majority vote
SENATE VOTE :35-0
LOCAL GOVERNMENT 9-0 APPROPRIATIONS 17-0
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|Ayes:|Achadjian, Levine, Alejo, |Ayes:|Gatto, Harkey, Bigelow, |
| |Bradford, Gordon, | |Bocanegra, Bradford, Ian |
| |Melendez, Mullin, Rendon, | |Calderon, Campos, |
| |Waldron | |Donnelly, Eggman, Gomez, |
| | | |Hall, Holden, Linder, |
| | | |Pan, Quirk, Wagner, Weber |
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SUMMARY : Enacts the Local Government Omnibus Act of 2013, which
proposes 13 technical, noncontroversial changes to state laws
affecting local agencies' powers and duties. Specifically, this
bill :
1)Provides that a lot, parcel, or unit satisfies the requirement
that it be improved with a completed residential structure if
it is improved with a completed residential structure at the
time it is conveyed by the subdivider.
2)Requires an agency to provide the officially adopted facsimile
signature to the county recorder by a letter from the agency.
Provides that a facsimile signature shall continue to be valid
until the agency notifies the county recorder that the
facsimile signature is revoked.
3)Replaces references to "he and him" with the term "city
attorney."
4)Grants special districts the authority, currently granted to a
city and county, to use the State Controller's debt collection
program, to request that the Controller withhold state
payments to collect debts.
5)Repeals the requirement that the property owner or agency of
an owner shall record the Mills Act contract with the county
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in which the property is located within six months of entering
into the contract.
6)Adds a cross-reference, Title 6 of the Penal Code, to the
current definition of "abuse of office or position."
7)Removes county from the definition of "city" and adds county
throughout current law that governs infrastructure financing
districts (IFDs).
8)Makes changes within the Subdivision Map Act and adds the date
signed and seal number to the information required by current
law for the licensee who prepares a parcel or final map.
9)Adds "domestic partner" to the definition of "family member"
in the Public Cemetery District Law. Clarifies the definition
of a "domestic partner" to mean, "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."
10)Repeals existing law that requires the Ventura County
Resource Conservation District to be split into three
divisions.
11)Authorizes a member of the Los Angeles County Board of
Supervisors serving on the Baldwin Hills Conservancy governing
board to appoint a designee.
12)Repeals existing law that allows a management district plan
to provide that real property which is exempt by law from real
property taxation to be included within the boundaries of the
district but shall not be subject to assessment on real
property.
13)Makes the following changes to the Kings River Conservation
District Act:
a) Provides the candidate receiving the highest number of
votes cast for the office of director for a specific
division shall be declared elected;
b) Requires all vacancies occurring in the office of
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director to be filled pursuant to the Government Code.
Allows the oath of office to be taken before the secretary,
any member of the board or any officer authorized by law to
administer oaths;
c) Repeals existing law that authorizes the board to submit
to the voters a measure to issue bonds and establishes new
procedures;
d) Requires the board, if they deem necessary for the
district to incur bonded indebtedness, by resolution to
state the purpose for the proposed debt to be incurred, the
amount, and a hearing time and place; and,
e) Establishes public notice, hearing, and election
requirements to create improvement districts.
14)Makes findings and declarations.
15)Makes other technical and clarifying changes.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, negligible fiscal impact.
COMMENTS : The Local Government Omnibus Act of 2013 compiles 13
sets of noncontroversial changes to state laws affecting local
agencies and land use into a single bill. Each year, local
officials discover problems with the state statutes that affect
counties, cities, and special districts as well as the laws on
land use planning and development. Legislators respond by
combining several of these minor topics into an annual "omnibus
bill." According to the author, the Senate Governance and
Finance Committee (Committee), sending a bill through the
legislative process costs around $18,000. By drafting one
omnibus bill, instead of 13 small clean-up bills, the
Committee's measure avoids roughly $216,000 in legislative
costs.
Although the practice may violate a strict interpretation of the
single-subject and germaneness rules, it is an expeditious and
relatively inexpensive way to respond to multiple requests.
Furthermore, the Senate Governance and Finance Committee
conducts a very public review of each item. More than 100
public officials, trade groups, lobbyists, and legislative staff
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see each proposal before it goes into the Committee's bill.
According to the Senate Governance and Finance Committee,
"Should any item in this bill 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."
Because provisions of this bill conflict with those contained in
SB 33 (Wolk) and SB 75 (Budget and Fiscal Review Committee) the
author may wish to amend the bill to avoid any chaptering out
issues that could occur because of the conflict.
Support arguments : Supporters argue that this bill provides
clarity and makes noncontroversial changes for local agencies.
Opposition arguments : None
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Misa Yokoi-Shelton / L. GOV. / (916)
319-3958
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