BILL NUMBER: AB 288	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nestande

                        FEBRUARY 13, 2009

   An act to amend Sections 2079 and 2082 of the Health and Safety
Code, relating to vector control.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 288, as introduced, Nestande. Vector control.
   Existing law, the Mosquito Abatement and Vector Control District
Law, authorizes the establishment of mosquito abatement and vector
control districts governed by a board of trustees. The board of
trustees is required to provide for regular audits of the district's
accounts and records. The law also authorizes the district to levy
special benefit assessments to finance vector control projects and
programs.
   This bill would require the board of trustees to adopt a formal,
written response to any irregularities or accounting issues raised in
the audit and provide this response to the appointing authority of
each member of the board of trustees. The bill would also require the
district before it levies special benefit assessments to provide
specified notice to the appointing authority.
   By imposing new duties upon a mosquito abatement and vector
control district, this bill would constitute 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 no reimbursement is required by this
act for a specified reason.
   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 2079 of the Health and Safety Code is amended
to read:
   2079.  (a) The board of trustees shall provide for regular audits
of the district's accounts and records pursuant to Section 26909 of
the Government Code. If an audit identifies an irregularity or
accounting issue, the board of trustees shall adopt a formal, written
response and provide this response to the appointing authority of
each member of the board of trustees. 
   (b) The board of trustees shall provide for the annual financial
reports to the Controller pursuant to Article 9 (commencing with
Section 53890) of Chapter 4 of Part 1 of Division 2 of Title 5 of the
Government Code.
  SEC. 2.  Section 2082 of the Health and Safety Code is amended to
read:
   2082.  (a) A district may levy special benefit assessments
consistent with the requirements of Article  XIII 
   D   XIII   
 D  of the California Constitution to finance vector control
projects and programs.
   (b) Before beginning a vector control project or program proposed
to be financed pursuant to this section, the board of trustees shall
adopt a resolution that does all of the following:
   (1) Specifies its intent to undertake the project or program.
   (2) Generally describes the project or program.
   (3) Estimates the cost of the project or program.
   (4) Estimates the duration of the proposed special benefit
assessment.
   (c) After adopting its resolution pursuant to subdivision (b), the
board of trustees shall proceed pursuant to Section 53753 of the
Government Code.  The board of trustees shall also mail the
notice described in subdivision (b) of Section 53753 to the
appointing authority of each member of the board of trustees within
  the timeframe described in that subdivision, except that
this notice shall not include the amount chargeable to a specific
record owner's parcel. The members of the board of trustees shall
make themselves, as well as district staff, available to the
appointing authority and the staff of the appointing authority to
discuss the proposed special benefit assessment at any time prior to
the public hearing described in the notice. The board of trustees
shall also notify each appointing authority of this availabil 
 ity. 
   (d) The special benefit assessments levied pursuant to this
section shall be collected at the same time and in the same manner as
county taxes. The county may deduct an amount not to exceed its
actual costs incurred for collecting the special benefit assessments
before remitting the balance to the district. The special benefit
assessments shall be a lien on all the property benefited. Liens for
the assessments shall be of the same force and effect as liens for
property taxes, and their collection may be enforced by the same
means as provided for the enforcement of liens for county taxes.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.