BILL ANALYSIS Ó
AB 1532
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ASSEMBLY THIRD READING
AB
1532 (Committee on Local Government)
As Introduced March 23, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+--------------------+--------------------|
|Local |9-0 |Maienschein, | |
|Government | |Gonzalez, Alejo, | |
| | |Chiu, Cooley, | |
| | |Gordon, Holden, | |
| | |Linder, Waldron | |
| | | | |
| | | | |
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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
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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
the Assembly Local Government Committee (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 local agency organization and
reorganization [AB 2838 (Hertzberg), Chapter 761, Statutes of
2000], the Committee has focused its omnibus bill efforts on
Local Agency Formation Commission (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
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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 definition of "conflict
of interest" in Rule 3-310, which is one of California's Rules
of Professional Conduct governing members of the State Bar, 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
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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.
Analysis Prepared by:
Misa Lennox / L. GOV. / (916) 319-3958 FN:
0000384