Amended in Assembly January 19, 2016

Amended in Assembly January 4, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1362


Introduced by Assembly Member Gordon

February 27, 2015


An act tobegin delete amend Section 2021 ofend deletebegin insert add Section 2021.5 toend insert the Health and Safety Code, relating to pest abatement.

LEGISLATIVE COUNSEL’S DIGEST

AB 1362, as amended, Gordon. Mosquito abatement and vector control districts: board of trustees: appointment of members.

Existing law, the Mosquito Abatement and Vector Control District Law, specifies the procedures for district formation, the procedures for the selection of the district board of trustees and officers, and the powers and duties of the board. Existing law authorizes the board of supervisors to appoint one person to the board of trustees, and the city council of each city that is located in whole or in part within the district to appoint one person to the board of trustees, in the case of a district that is located entirely within a single county and contains both incorporated territory and unincorporated territory.

This bill would authorizebegin delete the board of supervisors and a city selection committee, established pursuant to specified provisions of law, to appoint persons to the board of trustees, as specified, in the case of a district that is located entirely within a single county and contains both incorporated territory, including every city within that county, and unincorporated territory.end deletebegin insert a city council, located in an existing or newly formed district as specified above, to adopt a resolution requesting that appointments of persons to the board of trustees instead be made by a city selection committee, established pursuant to specified provisions of law, and conditioned upon a majority of authorized city councils adopting their respective resolutions. This bill would authorize the city selection committee to decrease the total number of appointments to be made by the committee if a majority of city councils within the district make this request in their respective resolutions. This bill would prohibit the total number of appointments made by the committee from exceeding the number of incorporated cities that are located in whole or in part within the district, and would prohibit those appointments from affecting the appointments made by the board of supervisors.end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 2021.5 is added to the end insertbegin insertHealth and Safety
2Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert2021.5.end insert  

(a) A city council that is authorized to appoint one
4person to the board of trustees of a district, pursuant to subdivision
5(b) of Section 2021, may adopt a resolution requesting that
6appointments instead be made by a city selection committee,
7established pursuant to Article 11 (commencing with Section
850270) of Chapter 1 of Part 1 of Division 1 of Title 5 of the
9Government Code.

10(b) This section shall only apply if a majority of city councils
11that are located within the district and are authorized to appoint
12a person to the board of trustees adopt their respective resolutions
13pursuant to this section. This section shall apply to existing and
14newly formed districts as defined in subdivision (b) of Section
152021.

16(c) The city selection committee described in subdivision (a)
17may decrease the total number of appointments to be made by the
18committee if a majority of city councils within the district make
19this request in their respective resolutions. The total number of
20appointments made by the committee shall not exceed the number
21of incorporated cities that are located in whole or in part within
22the district.

P3    1(d) The appointments made by the city selection committee shall
2not affect the appointments made by the board of supervisors
3pursuant to subdivision (b) of Section 2021.

end insert
begin delete
4

SECTION 1.  

Section 2021 of the Health and Safety Code is
5amended to read:

6

2021.  

Within 30 days after the effective date of the formation
7of a district, a board of trustees shall be appointed as follows:

8(a) In the case of a district that contains only unincorporated
9territory in a single county, the board of supervisors shall appoint
10five persons to the board of trustees.

11(b) In the case of a district that is located entirely within a single
12county and contains both incorporated territory and unincorporated
13territory, the board of supervisors may appoint one person to the
14board of trustees, and the city council of each city that is located
15in whole or in part within the district may appoint one person to
16the board of trustees. If those appointments result in a board of
17trustees with less than five trustees, the board of supervisors shall
18appoint enough additional persons to make a board of trustees of
19five members.

20(c) In the case of a district that contains only unincorporated
21territory in more than one county, the board of supervisors of each
22county may appoint one person to the board of trustees. If those
23appointments result in a board of trustees with less than five
24persons, the board of supervisors of the principal county shall
25appoint enough additional persons to make a board of trustees of
26five members.

27(d) In the case of a district that is located in two or more counties
28and contains both incorporated territory and unincorporated
29territory, the board of supervisors of each county may appoint one
30person to the board of trustees, and the city council of each city
31that is located in whole or in part within the district may appoint
32one person to the board of trustees. If those appointments result
33in a board of trustees with less than five persons, the board of
34supervisors of the principal county shall appoint enough additional
35persons to make a board of trustees of five members.

36(e) In the case of a district that is located entirely within a single
37county and contains both incorporated territory, including every
38city within that county, and unincorporated territory, the board of
39supervisors may appoint one person to the board of trustees, and
40a city selection committee, established pursuant to Article 11
P4    1(commencing with Section 50270) of Chapter 1 of Part 1 of
2Division 1 of Title 5 of the Government Code, may appoint up to
3the total number of trustees as the individual cities would
4collectively be entitled to appoint pursuant to subdivision (b). If
5those appointments result in a board of trustees with less than five
6persons, the board of supervisors shall appoint enough additional
7persons to make a board of trustees of five members.

end delete


O

    97