BILL ANALYSIS �
SENATE GOVERNANCE & FINANCE COMMITTEE
Senator Lois Wolk, Chair
BILL NO: AB 17 HEARING: 8/15/12
AUTHOR: Davis FISCAL: No
VERSION: 8/6/12 TAX LEVY: No
CONSULTANT: Weinberger
MUNICIPAL WATER DISTRICTS' BOARDS OF DIRECTORS (URGENCY)
Specifies the dates on which municipal water district board
members take office after elections.
Background and Existing Law
The Municipal Water District Law of 1911 governs the 36
municipal water districts (MWDs). The Law requires, with
specified exceptions, that a MWD's board of directors must
consist of five members who must be elected from divisions
in which they are residents. Directors elected to office
must take office at 12 o'clock noon on the first Monday
after the January 1st succeeding their election, which is
the time provided by state law for county officers to take
office. Directors hold office for a four-year term,
starting from the date they take office and until the
election and qualification of their successors.
State law requires MWDs' directors to be elected at general
district elections, which must be held in each
even-numbered year and consolidated with the general
election. State law defines "general election" as either:
The election held throughout the state on the first
Tuesday after the first Monday of November in each
even-numbered year, or
Any statewide election held on a regular election
date specified in state law.
A vacancy on a district's board may be filled by
appointment or at a special election. Depending on the
timing of the vacancy, a special election to fill a vacancy
could be held on an established election date in March,
April, June, or November.
The Central Basin Municipal Water District (Los Angeles
County) consolidated a general district election for three
AB 17 -- 8/6/12 -- Page 2
seats on its board of directors with this year's June 5
statewide primary election. The two candidates who
defeated incumbent directors in that election must wait
until January 7, 2013 to take office. Some public
officials worry that a seven-month wait between the time
that voters elect new MWD directors and the time that those
directors take office is too long. They want the
legislature to authorize MWD directors who win elections
held before November to take office one month after the
election is certified.
Proposed Law
Assembly Bill 17 provides that municipal water district
directors elected to office at an election held on the
first Tuesday after the first Monday in November must take
office at 12 o'clock noon on the first Monday after the
January 1st succeeding their election.
AB 17 provides that municipal water district directors
elected to office at an election held on a date other than
the first Tuesday after the first Monday in November must
take office 30 days following the date of certification of
the results of that election.
The bill declares that its provisions become operative on
January 1, 2013.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill . When a municipal water district
holds a general district election in a month other than
November, newly elected directors may wait several months
before assuming office. Lengthy delays in implementing
election results are a disservice to voters. During
extended delays, defeated incumbent may continue to
implement policies that caused voters to support their
opponents. The momentum and political capital generated by
a victorious candidate's successful campaign may dissipate.
AB 17 -- 8/6/12 -- Page 3
Voters may grow frustrated that the choices they made in
the voting booth failed to produce any immediate results.
AB 17 addresses these concerns by requiring MWD directors
who are elected in months other than November to take
office 30 days after their election is certified. By
reducing the amount of time that newly elected MWD
directors must wait before taking office, AB 17 enhances
the effectiveness of, and public confidence in, MWD board
elections.
2. An isolated problem ? AB 17 responds to one MWD general
election that was held in June rather than in November.
Because the bill's provisions aren't retroactive, the bill
will not shorten the length of time that newly elected
board members in the Central Basin MWD must wait to take
office. It is unclear whether there are any other examples
of MWDs holding general elections that were not
consolidated with a November general election. Without any
evidence that other MWD boards are likely to hold early
elections, the new requirements AB 17 imposes on MWD
elections held before November may be unnecessary.
3. Unintended consequences . By imposing new requirements
on MWD elections held in months other than November, AB 17
may have unintended consequences. Specifically, current
law allows a MWD to call a special election in a month
other than November to elect a director to fill vacancy on
the district's board. The candidate who wins the most
votes in a special election to fill a vacancy can take
office any time after the special election's results are
certified. By contrast, AB 17 would require a successful
candidate in a special election not held in November to
wait 30 days before assuming office, potentially
lengthening the amount of time it will take for a district
to fill a vacancy on its board. To avoid this unintended
consequence, the Committee may wish to consider making the
following amendments to specify that AB 17's requirements
apply only to general district elections:
On page 2, line 4, strike out "an" and insert "a
general district"
On page 2, line 8, strike out "an" and insert "a
general district"
4. Urgency . Regular statutes take effect on January 1
following their enactment; bills passed in 2012 take effect
on January 1, 2013. The California Constitution allows
AB 17 -- 8/6/12 -- Page 4
bills with urgency clauses to take effect immediately if
they're needed for the public peace, health, and safety.
AB 17 contains an urgency clause declaring that it is
necessary for its provisions to go into effect immediately
to ensure the integrity of municipal water district
elections. The California Constitution prohibits an
urgency statute from changing the term of any office.
Although AB 17 will take effect immediately, its provisions
don't become operative until January 1, 2013, the same date
on which non-urgency statutes take effect. Despite the
fact that it contains an urgency clause, AB 17 may still
comply with the Constitutional restriction against changing
the term of any office with an urgency statute because its
delayed operative date makes it functionally equivalent to
a non-urgency statute.
Assembly Actions
Not relevant to the August 6, 2012 version of the bill.
Support and Opposition (8/9/12)
Support : Unknown.
Opposition : Unknown.