BILL NUMBER: SB 1266	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 28, 2016

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 amended, 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   meets
the definition of  a joint powers authority or joint powers
agency,  as specified, that was formed for the purpose of
providing municipal services, and that includes a local agency
member, as specified,  to also file a copy of the agreement or
amendment  to the agreement  with the local agency formation
commission in each  of the counties in each  county
within which all or any part of  a local agency member's
territory is located within 90 days after the effective date of the
agreement or  amendment.   amendment to the
agreement.  The bill would also require  a separate
  an  agency or entity that  is a 
 meets the definition of 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,   agency, as specified,
that was formed for the purpose of   providing municipal
services prior to the effective date of this act, and that includes a
local agency member, as specified,  to file a copy of the
agreement  and any amendments to the agreement  with the
local agency formation commission in each  of the counties in
each  county within which all or any part  of  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:

  SECTION 1.  Section 6503.6 of the Government Code is amended to
read:
   6503.6.  When an agency or entity files a notice of agreement or
 amendment   ame   ndment to the
agreement  with the office of the Secretary of State pursuant to
Section 6503.5, the agency or entity shall file a copy of the full
text of the original joint powers agreement, and any 
amendments   amendment  to the agreement, with the
Controller.  If the agency or entity includes a member that
is a local agency, as defined in Section 56054, and is a joint powers
authority or joint powers agency, as defined in Section 56047.7, the
agency or entity   An agency or entity that meets the
definition of a joint powers authority or joint powers agency under
Section 56047.7 that was formed for the purpose of providing
municipal services and that includes a local agency member that is a
city, district, or county  shall, within 90 days after the
effective date of the agreement or  amendment,  
amendment to the agreement,  file a copy of the agreement or
amendment  to the agreement  with the local agency formation
commission in each county within which all or any part  of 
a local agency member's territory is located.
  SEC. 2.  Section 6503.8 is added to the Government Code, to read:
   6503.8.  No later than July 1, 2017,  a separate 
 an  agency or entity that  is a joint powers
authority or joint powers agency, as defined in Section 56047.7, and
was constituted pursuant to a joint powers agreement that includes as
a member a local agency, as defined in Section 56054, and was
entered into prior to January 1, 2017, shall, as the agency
responsible for the administration of the agreement,  
meets the   definition of a joint powers authority or joint
powers agency under Section 56047.7 that was formed for the purpose
of providing municipal services prior to the effective date of this
section, and that includes a local agency member that is a city,
district, or county, shall  cause a copy of the agreement and
any amendments to the agreement to be filed with the local agency
formation commission in each  affected county.  
county within which all or any part of a local agency member's
territory is located. 
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.