BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 1532


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          Date of Hearing:  May 6, 2015 


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                              Brian Maienschein, Chair


          AB 1532  
          (Committee on Local Government) - As Introduced March 23, 2015


          SUBJECT:  Local government:  omnibus.


          SUMMARY:  Makes several non-controversial changes to the laws  
          affecting local government organization and reorganization.  


          EXISTING LAW establishes the procedures for the organization and  
          reorganization of cities, counties, and special districts under  
          the Cortese-Knox-Hertzberg Local Reorganization Act of 2000.  


          FISCAL EFFECT:  None


          COMMENTS:  


          1)Background.  As statutes go into effect, local officials and  
            others often discover problems or inconsistencies in the  
            language of the law and approach the Legislature to correct  
            them.  These minor problems do not warrant separate bills, so  
            this Committee has found that it is expeditious and relatively  
            inexpensive to respond to multiple minor, non-controversial  
            requests on related issues by combining them into an annual  
            "omnibus bill."  Since the major rewrite of the law governing  








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            local agency organization and reorganization [AB 2838  
            (Hertzberg), Chapter 761, Statutes of 2000], the Committee has  
            focused its omnibus bill efforts on LAFCO-related issues, most  
            recently with AB 2795, Chapter 47, Statutes of 2010; AB 1430,  
            Chapter 300, Statutes of 2011; AB 2698, Chapter 62, Statutes  
            of 2012; AB 1427, Chapter 87, Statutes of 2013; and, AB 2672,  
            Chapter 112, Statutes of 2014.  



          This bill reflects the concerns of LAFCOs and others who have  
            brought proposals and issues to the Committee.  All proposals  
            are vetted by a large number of stakeholders.  Any proposal  
            that provokes any controversy or opposition is rejected for  
            inclusion.  
          2)Bill Summary.  This bill makes several technical changes to  
            the Cortese-Knox-Hertzberg Local Reorganization Act.  


            Current law establishes the composition of Santa Clara LAFCO.   
            As authorized by current law, Santa Clara LAFCO added two  
            special district members to their Commission in 2013.   
            Therefore, the composition of Santa Clara LAFCO is now a seven  
            member commission, including one public member.  This bill  
            updates current law which states that the public member is  
            appointed by the other four members of Santa Clara LAFCO to  
            reflect its current composition.  


            Current law authorizes LAFCOs to appoint alternate legal  
            counsel if there is a financial conflict of interest as  
            defined in the Political Reform Act.  The current definition  
            of "conflict of interest" does not include instances when  
            legal counsel represents clients with potentially adverse  
            interests.  This bill expands the definition of "conflict of  
            interest" to authorize the commission to appoint alternate  
            legal costs and recover their costs for doing so.  The










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            definition of "conflict of interest" in Rule 3-310 is  
            currently used in statute in instances when county counsel or  
            a district attorney may have a conflict of interest in  
            representing an assessor or sheriff.  


            Current law requires an applicant proposing a change of  
            organization or reorganization to submit a plan for providing  
            services within the affected territory.  That plan must  
            include a description of the services and an indication of  
            when services can be extended to the affected territory.   
            However, current law allows LAFCOs to approve the extension of  
            services prior to annexation in anticipation of the annexation  
            of that territory at a later date.   Due to existing law an  
            application for the annexation of territory already provided  
            with services would be invalid.  This bill makes changes to  
            recognize that services may be currently provided.  


            This bill updates the "State Department of Health Services" to  
            its current name the "State Department of Health Care  
            Services" and deletes the "California Medical Assistance  
            Commission" which was eliminated in 2012.  


            This bill is sponsored by the California Association of Local  
            Agency Formation Commissions.  


          3)Arguments in Support.  Supporters argue that the  
            non-controversial changes included in this bill are necessary  
            as LAFCOs implement the Cortese-Knox-Hertzberg Local  
            Government Reorganization Act of 2000.  


          4)Arguments in Opposition.  None on file.


          REGISTERED SUPPORT / OPPOSITION:








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          Support


          Alameda Local Agency Formation Commission


          California Association of Local Agency Formation Commissions  
          (CALAFCO)


          Contra Costa Local Agency Formation Commission


          Local Agency Formation Commission for the County of Los Angeles


          Local Agency Formation Commission for San Bernardino County


          Local Agency Formation Commission of Yolo County


          Nevada County Local Agency Formation Commission


          Riverside Local Agency Formation Commission


          San Benito Local Agency Formation Commission


          San Luis Obispo Local Agency Formation Commission


          San Mateo Local Agency Formation Commission








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          Sonoma Local Agency Formation Commission


          Stanislaus Local Agency Formation Commission




          Opposition


          None on file




          Analysis Prepared by:Misa Lennox / L. GOV. / (916) 319-3958