Senate BillNo. 1266


Introduced by Senator McGuire

February 18, 2016


An act to amend Section 6503.6 of, and to add Section 6503.8 to, the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

SB 1266, as introduced, McGuire. Joint Exercise of Powers Act: agreements: filings.

The Joint Exercise of Powers Act generally authorizes 2 or more public agencies, by agreement, to jointly exercise any common power, which is generally termed a joint powers agreement. When a joint powers agreement provides for the creation of an agency or entity, separate from the parties to the agreement and responsible for its administration, existing law requires that agency or entity to cause a notice of the agreement or amendment to be prepared and filed, as specified, with the Secretary of State. Existing law requires an agency or entity that files a notice of agreement or amendment with the Secretary of State to also file a copy of the original joint powers agreement, and any amendments to the agreement, with the Controller.

This bill would require an agency or entity required to file documents with the Controller, as described above, that includes a member that is a local agency and is a joint powers authority or joint powers agency, to also file a copy of the agreement or amendment with the local agency formation commission in each of the counties in each county within which all or any part a local agency member’s territory is located within 90 days after the effective date of the agreement or amendment. The bill would also require a separate agency or entity that is a joint powers authority or joint powers agency and was constituted pursuant to a joint powers agreement that includes as a member a local agency and was entered into prior to January 1, 2017, and is responsible for the administration of the agreement, to file a copy of the agreement with the local agency formation commission in each of the counties in each county within which all or any part a local agency member’s territory is located no later than July 1, 2017. The bill would define the terms “local agency,” “joint powers authority,” and “joint powers agency” by reference to specified statutes for these purposes.

By requiring specified joint powers agencies to file certain documents with a local agency formation commission, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

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

P2    1

SECTION 1.  

Section 6503.6 of the Government Code is
2amended to read:

3

6503.6.  

begin deleteWhenever end deletebegin insertWhen end insertan agency or entity files a notice of
4agreement or amendment with the office of the Secretary of State
5pursuant to Section 6503.5, the agency or entity shall file a copy
6of the full text of the original joint powers agreement, and any
7amendments to the agreement, with the Controller.begin insert If the agency
8or entity includes a member that is a local agency, as defined in
9Section 56054, and is a joint powers authority or joint powers
10agency, as defined in Section 56047.7, the agency or entity shall,
11within 90 days after the effective date of the agreement or
12amendment, file a copy of the agreement or amendment with the
13local agency formation commission in each county within which
14all or any part a local agency member’s territory is located. end insert

15

SEC. 2.  

Section 6503.8 is added to the Government Code, to
16read:

17

6503.8.  

No later than July 1, 2017, a separate agency or entity
18that is a joint powers authority or joint powers agency, as defined
P3    1in Section 56047.7, and was constituted pursuant to a joint powers
2agreement that includes as a member a local agency, as defined in
3Section 56054, and was entered into prior to January 1, 2017, shall,
4as the agency responsible for the administration of the agreement,
5cause a copy of the agreement and any amendments to the
6agreement to be filed with the local agency formation commission
7in each affected county.

8

SEC. 3.  

If the Commission on State Mandates determines that
9this act contains costs mandated by the state, reimbursement to
10local agencies and school districts for those costs shall be made
11pursuant to Part 7 (commencing with Section 17500) of Division
124 of Title 2 of the Government Code.



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