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 ----------------------------------------------------------------- |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 | ----------------------------------------------------------------- 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 SB 184 Page 2 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 SB 184 Page 3 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 SB 184 Page 4 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 FN: 0001544