BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 17|
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THIRD READING
Bill No: AB 17
Author: Davis (D)
Amended: 8/20/12 in Senate
Vote: 27 - Urgency
PRIOR VOTES NOT RELEVANT
SENATE GOVERNANCE & FINANCE COMMITTEE : 9-0, 8/16/12
AYES: Wolk, Dutton, DeSaulnier, Fuller, Hernandez, Kehoe,
La Malfa, Liu, Yee
SUBJECT : Municipal water districts: board of directors
SOURCE : Author
DIGEST : This bill specifies the dates on which municipal
water district board members take office after elections.
ANALYSIS : The Municipal Water District Law of 1911
governs the 36 municipal water districts (MWDs). The Law
requires, with specified exceptions, that an 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 12:00 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.
CONTINUED
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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.
This bill provides that municipal water district directors
elected to office at a general district election held on
the first Tuesday after the first Monday in November must
take office at 12:00 noon on the first Monday after the
January 1st succeeding their election.
This bill provides that municipal water district directors
elected to office at a general district 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.
This bill declares that its provisions become operative on
January 1, 2013.
Comments
According to the Senate Governance and Finance Committee
analysis, when an MWD 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
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capital generated by a victorious candidate's successful
campaign may dissipate. Voters may grow frustrated that
the choices they made in the voting booth failed to produce
any immediate results. This bill 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, this
bill enhances the effectiveness of, and public confidence
in, MWD board elections.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
AGB:m 8/20/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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