BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1671|
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                                 THIRD READING


          Bill No:  AB 1671
          Author:   Jeffries (R)
          Amended:  5/17/10 in Assembly
          Vote:     21

           
           SENATE LOCAL GOVERNMENT COMMITTEE  :  4-0, 6/30/10
          AYES:  Cox, Aanestad, Kehoe, DeSaulnier
          NO VOTE RECORDED:  Price

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8 

           ASSEMBLY FLOOR  :  68-0, 5/20/10 - See last page for vote


           SUBJECT  :    County board of supervisors:  vacancy:   
          appointment

           SOURCE  :     Author


           DIGEST  :    This bill requires the Governor, whenever a  
          vacancy occurs in any board of supervisors to fill the  
          vacancy within 90 days.

           ANALYSIS  :    Existing law requires the Governor to fill a  
          vacancy on any county board with that appointee holding  
          office until the election and qualification of his or her  
          successor.

          This bill, if a governor fails to fill a vacancy on a  
          county board of supervisors within 90 days, requires the  
          board of supervisors, within the following 90 days, by a  
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          vote of a quorum of the board, to:

             ?    Appoint an individual to fill the vacancy, or
             ?    Call a special election to fill the vacancy, or
             ?    Leave the seat vacant until the next regularly  
               scheduled election.

          If a Governor fails to act within 90 days after a vacancy  
          occurs and the board of supervisors fails to act within the  
          following 90 days, AB 1671 requires that the vacancy must  
          remain open until the next regular election, at which time  
          a successor may be elected.

          This bill declares that any person appointed or elected to  
          fill a vacancy holds office until a successor is elected.

           Comments
           
          A governor's failure to act quickly when filling a vacant  
          county supervisor's seat can impair the remaining  
          supervisors' ability to conduct business.  Because every  
          county, except for San Francisco, has only five  
          supervisors, a lengthy vacancy can make it difficult to get  
          quorums at board meetings and can result in 2-2 tie votes  
          on important county measures.  Voters in a supervisorial  
          district that is represented by a vacant supervisor's  
          office are harmed when delays deny them a voice in board  
          decisions.  This bill protects county government and voters  
          by giving a county the chance to fill a vacant supervisor's

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/3/10)

          California State Association of Counties
          Regional Council of Rural Counties
          Riverside Sheriff's Association.


           ASSEMBLY FLOOR  :  
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Tom Berryhill, Blakeslee, Block,  
            Blumenfield, Bradford, Brownley, Buchanan, Caballero,  







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                                                                Page  
          3

            Charles Calderon, Carter, Chesbro, Conway, Cook, Davis,  
            De Leon, DeVore, Emmerson, Eng, Feuer, Fong, Fuentes,  
            Fuller, Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall,  
            Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,  
            Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,  
            Mendoza, Miller, Nestande, Niello, Nielsen, Norby, V.  
            Manuel Perez, Portantino, Ruskin, Salas, Saldana, Silva,  
            Skinner, Smyth, Audra Strickland, Swanson, Torlakson,  
            Torres, Torrico, Tran, Yamada
          NO VOTE RECORDED:  Coto, De La Torre, Evans, Fletcher,  
            Furutani, Harkey, Monning, Nava, Solorio, Villines, John  
            A. Perez 


          AGB:nl  8/3/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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