BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 419|
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CONSENT
Bill No: AB 419
Author: Caballero (D)
Amended: 5/17/10 in Senate
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE : 3-0, 6/9/10
AYES: Kehoe, DeSaulnier, Price
NO VOTE RECORDED: Cox, Aanestad
ASSEMBLY FLOOR : 73-0, 1/27/10 - See last page for vote
SUBJECT : Local government: change of organization or
reorganization:
Elections
SOURCE : CA Association of Local Agency Formation
Commissions
DIGEST : This bill requires a local agency formation
commission to also notify the local elections official when
it notifies a county board of supervisors or city council
regarding the need to hold a boundary change election.
ANALYSIS : Local agency formation commissions (LAFCOs)
must follow detailed procedures in the
Cortese-Knox-Hertzberg Act when they approve boundary
changes. Some boundary changes require voter approval:
city incorporations, district formations, annexations and
detachments with significant local protest, and certain
reorganizations. When it approves a boundary change that
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AB 419
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needs voter approval, the LAFCO must notify the county
board of supervisors or city council which then must call
the election, set the election date, designate precincts
and polling places, and direct the local election official
to run the election.
This bill requires a LAFCO to also notify the local
elections official when it notifies a county board of
supervisors or city council regarding the need to hold a
boundary change election. If the county supervisors or
city council fails to direct the elections official to
conduct the election within 45 days after receiving the
notice, this bill requires the elections official to place
the item on the ballot at the next established election
date which is at least 88 days after the date of the
LAFCO's notification to the elections official. The bill
declares that this 45-day requirement does not apply to
applications filed with a LAFCO before January 1, 2011.
This bill deletes the requirement for a county board of
supervisors or city council to designate precincts and
polling places and instead requires them to direct the
elections official to carry out those duties. This bill
also conforms the timing of boundary change elections to
the election dates provided in the Elections Code.
Comments
Both the Elections Code and the boundary laws are complex
statutes which require elections officials and the LAFCOs
to meticulously coordinate their decisions. This bill
meshes these statutory requirements so that elections
officials can carry out their duties without interference.
Further, this bill prospectively ensures that the needed
boundary elections will occur, even if local elected
officials balk.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/10/10)
California Association of Local Agency Formation
Commissions (source)
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California Association of Clerks and Election Officials
California Special Districts Association
East Bay Regional Parks District
San Diego LAFCO
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Chesbro, Conway, Cook, Coto, Davis, De La
Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,
Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gilmore, Hagman, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller,
Monning, Nava, Nestande, Niello, Nielsen, John A. Perez,
Portantino, Ruskin, Salas, Saldana, Silva, Skinner,
Smyth, Solorio, Audra Strickland, Swanson, Torres,
Torrico, Tran, Villines, Yamada
NO VOTE RECORDED: Carter, Hall, V. Manuel Perez,
Torlakson, Bass
AGB:do 6/10/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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