BILL ANALYSIS Ó
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