BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 184
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          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 |
           ----------------------------------------------------------------- 

           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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