BILL NUMBER: SB 1266 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 12, 2016
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 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 county within which all
or any part of a local agency member's territory is located within
90 30 days after the effective date of
the agreement or amendment to the agreement. The bill would also
require an agency or entity that meets the definition of a joint
powers authority or joint powers 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
county within which all or any part of a local agency member's
territory is located no later than July 1, 2017. This bill would
prohibit an agency or entity administering an agreement or amendment
that has failed to make the required filings within the specified
timeframes from issuing bonds or incurring any indebtedness until
those filings have been made.
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. (a) When an agency or entity files
a notice of agreement or amendment 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 amendment to the agreement, with the
Controller. 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 30 days after the
effective date of the agreement or 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.
(b) Notwithstanding any other provision of this chapter, any
agency or entity administering a joint powers agreement or amendment
to such an agreement, which agreement or amendment becomes effective
on or after the effective date of this section, which fails to file
the notice with a local agency formation commission required by this
section within 30 days after the effective date of the agreement or
amendment shall not thereafter, and until those filings are
completed, issue any bonds or incur indebtedness of any kind.
SEC. 2. Section 6503.8 is added to the Government Code, to read:
6503.8. (a) No later than July 1, 2017, 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 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 county within which all or
any part of a local agency member's territory is located.
(b) Notwithstanding any other provision of this chapter, any
agency or entity administering a joint powers agreement or amendment
to such an agreement, which fails to file the notice with a local
agency formation commission required by this section on or before
July 1, 2017, shall not thereafter, and until those filings are
completed, issue any bonds or incur indebtedness of any kind.
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.