BILL ANALYSIS
AB 2795
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2795 (Local Government Committee)
As Amended May 27, 2010
Majority vote
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|ASSEMBLY: |74-0 |(May 6, 2010) |SENATE: |33-0 |(June 17, |
| | | | | |2010) |
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Original Committee Reference: L. GOV.
SUMMARY : Makes several minor, non-controversial changes to the
laws affecting local government organization and reorganization.
The Senate amendments :
1)Allow a local agency formation commission (LAFCO) executive
officer to call a meeting of the independent special district
selection committee when the executive officer anticipates
that a vacancy for a special district seat on the LAFCO will
occur within 90 days.
2)Extend, from 15 days to 30 days, the amount of time that local
officials can renegotiate a property tax transfer agreement if
the LAFCO modifies the proposed boundary change.
3)Make other minor technical changes to provisions contained in
the Cortese-Knox-Hertzberg Local Government Reorganization Act
of 2000 (Cortese-Knox-Hertzberg Act).
EXISTING LAW establishes the procedures for the organization and
reorganization of cities, counties, and special districts.
AS PASSED BY THE ASSEMBLY , this bill:
1)Defined "divestiture of power" to mean the termination of the
power and authority to provide particular functions or classes
of services within all or part of the jurisdictional
boundaries
of a special district.
2)Defined "Executive Officer" to mean the "executive officer or
designee as authorized by the commission" for the purposes of
AB 2795
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clarifying the Executive Officer's role in the special
district selection process.
3)Clarified that a LAFCO may initiate proposals through action
of adopting a resolution.
4)Clarified existing law to bring consistency to the process for
conducting elections by a board of supervisors or city
council.
5)Made conforming changes to existing law to bring consistency
to election terms after incorporation.
6)Provided additional time for a local agency that is
negotiating a property tax exchange as part of a proposal or
reorganization by allowing that local agency to notify the
LAFCO, the county auditor, and the other affected local
agencies of its desire to extend the negotiating period to 90
days.
7)Corrected several obsolete and incorrect references contained
in the Cortese-Knox-Hertzberg Act.
FISCAL EFFECT : Unknown
COMMENTS : As statutes go into effect, local officials and
others often discover problems or inconsistencies in the
language of the law and approach the Legislature to correct
them. These minor problems do not warrant separate bills,
particularly since, according to the Legislative Analyst, in
2001-02 the average cost to produce a single bill was $17,890.
The Assembly Local Government Committee has found that it is
expeditious and relatively inexpensive to respond to multiple
minor, non-controversial requests on related issues by combining
them into an annual "omnibus bill." Since AB 720 (Local
Government Committee), Chapter 388, Statutes of 2001, which was
a clean-up bill for AB 2838 (Hertzberg), Chapter 761, Statutes
of 2000, the major rewrite of the laws governing local agency
organization and reorganization, the Committee has focused its
omnibus bill efforts on LAFCO-related issues, most recently with
AB 1582 (Local Government Committee), Chapter 155, Statutes of
2009. The Committee has carried on this practice this year by
addressing a number of minor, but still necessary, changes in
this bill. The bill reflects the concerns of LAFCOs and others
who have brought proposals and issues to the Committee. All
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proposals have been thoroughly vetted by a large number of
stakeholders. Any proposal that provokes any controversy or
opposition is rejected for inclusion.
Support arguments: This bill provides an efficient and
cost-effective way to make a number of minor technical and
non-controversial changes to law, rather than introducing a bill
for each change.
Opposition arguments: None at this time.
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958
FN: 0004906