BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 673|
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                                 THIRD READING


          Bill No:  SB 673
          Author:   Cox (R)
          Amended:  5/7/09
          Vote:     21

           
           SENATE LOCAL GOVERNMENT COMMITTEE  :  4-0, 5/6/09
          AYES:  Wiggins, Cox, Kehoe, Wolk
          NO VOTE RECORDED:  Aanestad


           SUBJECT  :    Public utility districts

           SOURCE  :     Tahoe City Public Utility District


           DIGEST  :    This bill allows the board of directors of a  
          public utility district to adopt an ordinance that provides  
          that a director at large may be elected by receiving the  
          greatest number of votes districtwide.

           ANALYSIS  :    Locally elected boards of directors govern the  
          53 public utility districts.  The state law that governs  
          public utility districts describes how the districts elect  
          their directors at-large.  Candidates must identify  
          themselves as running for the office of "director at large"  
          number one, number two, and so on.  At the election, the  
          candidates who declared for a seat with a designated number  
          run for just that seat.  The candidate with the highest  
          vote total for a given seat prevails.

          This bill allows the board of directors of a district to  
          adopt an ordinance that requires that candidates for  
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          directors at large need not designate a numbered office,  
          instead, the candidates receiving the greatest number of  
          votes districtwide as there are directors to be elected  
          shall be elected to the board of directors.

           Comments  

          The Tahoe City Public Utility District serves portions of  
          Placer and El Dorado counties in the Lake Tahoe basin.  The  
          District notes that the public utility district at-large  
          elections are not truly at large.  The two or three  
          candidates who get the most votes throughout a public  
          utility district do not necessarily win election to the  
          board of directors because they must declare for a seat  
          with a designated number.  The District wants the  
          Legislature to allow public utility districts to conduct  
          elections that are truly at large.

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

           SUPPORT  :   (Verified  5/7/09)

          Tahoe City Public Utility District (source)


           ARGUMENTS IN SUPPORT  :    The author's office indicates that  
          current law does not provide for true "at large elections"  
          and prospective district board members are not elected, in  
          total, by popular vote.  Instead, candidates must first  
          declare which seat he or she intends to fill (Director at  
          large number one, number two) and the highest vote total  
          for a given seat prevail.  There are no corresponding  
          geographic boundaries identified with the specific seats  
          and/or candidates do not necessarily need to reside within  
          a given ward boundary.  Candidates wishing to file, need to  
          arbitrarily declare which 'director at large" seat he or  
          she intend to vie for, devaluing the notion of true "at  
          large" election outcomes.  This bill provides public  
          utility districts with the option to hold at large  
          elections wherein those candidates receiving the highest  
          number of votes regardless of ward, seat or boundary will  
          fill open or contested seats.








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          AGB:mw  5/8/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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