BILL NUMBER: AB 307	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2011

INTRODUCED BY   Assembly Member Nestande
    (   Coauthors:   Assembly Members 
 Chesbro,   Gordon,   and Gorell   )


                        FEBRUARY 9, 2011

   An act to amend  Section 6500   Sections 6500
and 65101.1  of, to add Section 6529.5 to, and to repeal
Sections 6529 and 6530 of, the Government Code, relating to joint
powers agreements.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 307, as amended, Nestande. Joint powers agreements: public
agency: federally recognized Indian tribe.
   Existing law authorizes 2 or more public agencies, as defined, to
enter into an agreement to exercise common powers. Existing law also
permits certain federally recognized Indian tribes to enter into
joint powers agreements with particular parties and for limited
purposes.
   This bill would include a federally recognized Indian tribe as a
public agency that may enter into a joint powers agreement. This bill
would also make conforming changes by  repealing now
redundant   conforming related  code sections.
   This bill would also prohibit any joint powers authority that
includes a federally recognized Indian tribe from authorizing or
issuing bonds pursuant to the Marks-Roos Local Bond Pooling Act of
1985 unless the public improvements to be funded by the bonds will be
owned and maintained by the authority or one or more of its public
agency members, and the revenue streams pledged to repay the bonds
derive from the authority or one or more of its public agency
members.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6500 of the Government Code is amended to read:

   6500.  As used in this article, "public agency" includes, but is
not limited to, the federal government or any federal department or
agency, this state, another state or any state department or agency,
a county, county board of education, county superintendent of
schools, city, public corporation, public district, regional
transportation commission of this state or another state, a federally
recognized Indian tribe, or any joint powers authority formed
pursuant to this article by any of these agencies.
  SEC. 2.  Section 6529 of the Government Code is repealed.
  SEC. 3.  Section 6529.5 is added to the Government Code, to read:
   6529.5.  Any joint powers authority that includes a federally
recognized Indian tribe shall not have the authority to authorize or
issue bonds pursuant to the Marks-Roos Local Bond Pooling Act of 1985
(Article 4 (commencing with Section 6584)) unless the public
improvements to be funded by the bonds will be owned and maintained
by the authority or one or more of its public agency members, and the
revenue streams pledged to repay the bonds derive from the authority
or one or more of its public agency members.
  SEC. 4.  Section 6530 of the Government Code is repealed.
   SEC. 5.    Section 65101.1 of the  
Government Code   is amended to read: 
   65101.1.  The Hoopa Valley Business Council, as the governing body
of the Hoopa Valley Indian Tribe, may participate as a legislative
body, pursuant to subdivision (b) of Section 65101 on the Humboldt
County Association of Governments  and for that purpose may
enter into a joint powers agreement with the parties thereto
 and shall be deemed to be a public agency  , pursuant
to Section 6500,  for purposes of Article 1 (commencing with
Section 6500) of Chapter 5 of Division 7 of Title 1. The Legislature
finds and declares that the unique circumstances of Humboldt County
necessitate this special law.