BILL ANALYSIS                                                                                                                                                                                                    Ó

          |SENATE RULES COMMITTEE            |                       AB 1532|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |


          Bill No:  AB 1532
          Author:   Committee on Local Government  
          Amended:  5/22/15 in Assembly
          Vote:     21  

           SENATE GOVERNANCE & FIN. COMMITTEE:  7-0, 6/24/15
           AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach,  

           ASSEMBLY FLOOR:  78-0, 5/28/15 - See last page for vote
           SUBJECT:   Local government:  omnibus

          SOURCE:    Author

          DIGEST:  This bill proposes several changes to laws affecting  
          local government organization and reorganization.


          Existing law:

          1)Establishes the Cortese-Knox-Hertzberg Local Reorganization  
            Act of 2000, which:

             a)   Delegates the Legislature's power to control the  
               boundaries of cities and special districts to local agency  
               formation commissions (LAFCOs).  


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             b)   Specifies the procedures for the organization and  
               reorganization of cities, counties, and special districts.

          This bill:

            1)  Updates a reference to the "State Department of Health  
              Services" to its current name of the "State Department of  
              Health Care Services," corrects the location of the  
              Licensing and Certification Division; and deletes a  
              reference to the "California Medical Assistance Commission,"  
              which was eliminated in 2012. [See SEC. 1 of the bill.]

            2)  Standardizes terminology by uniformly applying the word  
              "appoint" to identify the means by which commissioners are  
              appointed to LAFCOs.  Current law uses a variety of other  
              terms, including "selected," "designated," and "appointed."  
              [SEC. 2, 3, 4, 5, 7, 8, 9, and 11.]

            3)  Corrects a reference to the composition of the Santa Clara  
              LAFCO.  As authorized by current law, Santa Clara LAFCO  
              added two special district members to the Commission in  
              2013.  Therefore, the composition of the commission is now a  
              seven-member commission, including one public member.  This  
              change updates Government Code Section 56327, which states  
              that the public member is appointed by the other four  
              members of the commission.  This proposed change will  
              reflect the current composition of the commission.   
              Additionally, this section deletes a reference to a repealed  
              code section and replaces it with the correct reference for  
              the process by which a LAFCO provides special districts with  
              representation on the commission. [SEC. 5 and 6.]

            4)  Clarifies a code section that lists the circumstances  
              under which a LAFCO must approve a change of organization or  
              reorganization of a city without allowing for a protest  
              proceeding.  This change makes the subdivision easier to  


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                                                                     Page  3

              read and emphasizes that there are two cases in which the  
              subdivision does not apply. [SEC. 10.]

            5)  Inserts a reference to "updating" a sphere of influence,  
              in addition to "amending," when describing the fees that a  
              LAFCO may levy for its services.  This addition is  
              consistent with other references in LAFCO law to "amending  
              or updating" a sphere of influence. [SEC. 12.]

            6)  Expands the circumstances where a LAFCO may appoint an  
              alternate legal counsel due to a conflict of interest that  
              affects staff counsel.  Current law authorizes a commission  
              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 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. [SEC. 13]

            7)  Adds a missing cross-reference to an additional  
              circumstance when the commission can approve a change of  
              organization or reorganization without notice, hearing, and  
              election. [SEC. 14.]

            8)  Makes technical changes to two sections that govern the  
              actions LAFCOs must take at the end of their proceedings.   
              These changes format the two sections in the same way and  
              make statute more consistent. [SEC. 15 and 16.]

            9)  Corrects the terminology used to describe the document a  
              commission prepares to indicate that a proposal for a change  


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              of organization or reorganization was terminated. [SEC. 17.]

            10) Clarifies the section that orders LAFCO to terminate  
              proceedings if a change of organization or reorganization  
              does not receive a majority of the votes cast by the  
              electorate.  This bill restructures this section to be  
              consistent with other sections in LAFCO law, which clearly  
              state that anything other than a majority of votes cast in  
              favor of the proposal results in termination of proceedings.


          As practitioners find problems with the Cortese-Knox-Hertzberg  
          Act, they ask for statutory improvements.  These minor problems  
          do not warrant separate (and expensive) bills.  According to the  
          Legislative Analyst, in 2001-02 the cost of producing a bill was  

          Legislators respond by combining several of these minor topics  
          into an annual "omnibus bill."  Although this practice may  
          violate a strict interpretation of the single-subject and  
          germaneness rules as presented in Californians for an Open  
          Primary v. McPherson (2006), it is an expeditious and relatively  
          inexpensive way to respond to multiple requests.


          Purpose of the bill.  Even the best written statutes contain  
          minor flaws.  When statutory problems appear in the state law  
          affecting LAFCOs, the Assembly Local Government Committee avoids  
          legislative costs by combining several changes to the state laws  
          into a single, consensus bill.  This bill compiles, into a  
          single bill, noncontroversial statutory changes to ten parts of  
          LAFCO law.  By carefully reviewing each item with the affected  
          parties, the Committee also avoids controversy.  Should any item  
          in this bill attract opposition, the Committee will delete it.   


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          In this transparent process, there is no hidden agenda.  If it's  
          not consensus, it's not omnibus.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No

          SUPPORT:   (Verified6/25/15)

          Alameda Local Agency Formation Commission
          Butte Local Agency Formation Commission
          California Association of Local Agency Formation Commissions
          Contra Costa Local Agency Formation Commission
          El Dorado 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 Santa Clara 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 Diego Local Agency Formation Commission
          San Luis Obispo Local Agency Formation Commission
          San Mateo Local Agency Formation Commission
          Santa Barbara Local Agency Formation Commission
          Santa Cruz Local Agency Formation Commission
          Sonoma Local Agency Formation Commission
          Stanislaus Local Agency Formation Commission
          Tulare County Local Agency Formation Commission

          OPPOSITION:   (Verified6/25/15)

          None received

          ASSEMBLY FLOOR:  78-0, 5/28/15
           AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bonilla,  
            Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau,  


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                                                                     Page  6

            Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,  
            Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Hadley, Harper, Roger Hernández, Holden, Irwin,  
            Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
           NO VOTE RECORDED: Bloom, Grove

          Prepared by:Anton Favorini-Csorba / GOV. & F. / (916) 651-4119

          6/26/15 13:31:12

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