BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 288
                                                                  Page  1

          Date of Hearing:  April 1, 2009

                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
                             Anna Marie Caballero, Chair
                AB 288 (Nestande) - As Introduced:  February 13, 2009
           
          SUBJECT  :  Vector control.

           SUMMARY  :  Requires a mosquito abatement and vector control  
          district board of trustees to adopt a formal written response to  
          an irregularity or accounting issue identified in a regular  
          audit, and requires a mosquito abatement and vector control  
          district, before it levies special benefit assessments, to  
          provide notice regarding the proposed assessment to the  
          appointing authority.   Specifically,  this bill  :

          1)Requires a mosquito abatement and vector control district  
            (district) board of trustees (board) to adopt a formal written  
            response to an irregularity or accounting issue identified in  
            a regular audit.

          2)Requires a board to provide its response to each trustee's  
            appointing authority.

          3)Requires a district, before it levies special benefit  
            assessments, to provide notice regarding the proposed  
            assessment to the appointing authority of each member of the  
            board.

          4)States that the members of a board shall make themselves, as  
            well as district staff, available to discuss the proposed  
            special benefit assessment prior to the public hearing.

           EXISTING LAW  :

          1)Authorizes, under the Mosquito Abatement and Vector Control  
            District Law, the establishment of a district to protect the  
            public health by controlling mosquitoes, other insects, and  
            rodents.

          2)Establishes an appointed five-member board to govern a  
            district.

          3)Requires a county auditor to either make or contract with a  
            certified public accountant or public accountant to make an  








                                                                  AB 288
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            annual audit of the accounts and records of every special  
            purpose district within the county for which an audit by a  
            certified public accountant or public accountant is not  
            otherwise provided.

          4)Requires a local government to provide notice to each property  
            owner regarding any proposed special benefit assessments.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  

          1)Mosquito abatement and vector control districts protect the  
            public health by controlling mosquitoes, other insects, and  
            rodents.  Although the members of the board are appointed, the  
            district is an independent special district under the law.   
            Each city or county government located within a district is an  
            appointing authority that names at least one trustee to the  
            district's governing board.  The trustees serve fixed terms of  
            two or four years.

          2)District revenues come from property tax revenue allocations;  
            some districts also levy special taxes or special benefit  
            assessments.  According to the author's office, some districts  
            have raised benefit assessments while their expenses remained  
            the same and reserves increased.  Conversely, some districts  
            have reduced assessments as other local revenues increased.

          3)According to the author's office, this bill would help build  
            the public's trust in districts by requiring the district  
            board to respond to problems identified in its regular audits.  
             The author believes that by reporting back to the city  
            councils and county boards of supervisors that appoint the  
            boards of trustees, the districts can demonstrate their  
            accountability and responsiveness.  Similarly, by letting  
            their appointing authorities know about pending changes in  
            special benefit assessments, the districts can explain why  
            they need more revenues to protect the public health.

           4)Previous legislation  :  SB 1326 (Ducheny) was an identical  
            measure passed by the Committee last year 7-0.  However, the  
            Governor vetoed the measure using the blanket veto message  
            regarding the delayed budget. 

           REGISTERED SUPPORT / OPPOSITION  :   








                                                                  AB 288
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           Support 
           
          CA School Employees Association, AFL-CIO
          Howard Jarvis Taxpayers Association

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Katie Kolitsos / L. GOV. / (916)  
          319-3958