California Assembly Bill AB419 Amended / Bill

 BILL NUMBER: AB 419AMENDED BILL TEXT AMENDED IN SENATE MAY 17, 2010 AMENDED IN ASSEMBLY JANUARY 14, 2010 AMENDED IN ASSEMBLY JANUARY 5, 2010 INTRODUCED BY Assembly Member Caballero FEBRUARY 23, 2009 An act to amend Sections 57000, 57132, and 57132.5 of the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGEST AB 419, as amended, Caballero. Local government: change of organization or reorganization: elections. Existing law requires a local agency formation commission to inform a board of supervisors or a city council when the commission makes a determination that will require an election to be conducted by that board or council, and requires the board of supervisors or the city council to direct the elections official to conduct the necessary election, as specified. This bill would, beginning January 1, 2011, require the board of supervisors or the city council to take action, to order and place the item on the ballot, within 45 days of notification by the local agency formation commission, and would require the elections official to place the item on the ballot at the next regular election if the board of supervisors or the city council fails to take action within 45 days of the notification. This bill would also make conforming changes. 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 57000 of the Government Code is amended to read: 57000. (a) After adoption of a resolution making determinations by the commission pursuant to Part 3 (commencing with Section 56650), protest proceedings for a change of organization or reorganization not described in Section 57077 shall be taken pursuant to this part. (b) If a proposal is approved by the commission, with or without amendment, wholly, partially, or conditionally, the commission shall conduct proceedings in accordance with this part. The proceedings shall be conducted and completed pursuant to those provisions that are applicable to the proposal and the territory contained in the proposal as it is approved by the commission. If the commission approves the proposal with modifications or conditions, proceedings shall be conducted and completed in compliance with those modifications or conditions. (c) Any reference in this part to the commission also means the executive officer for any function that the executive officer will perform pursuant to a delegation of authority from the commission. (d) When the commission makes a determination pursuant to this division that will require an election to be conducted, it shall inform the board of supervisors and the elections official of the affected county, or the city council and the elections official of the affected city of that determination and request the board or the city council to direct the elections official to conduct the necessary election. (e) (1) When a board of supervisors or a city council is informed by the commission that a determination has been made that requires an election, it shall, within 45 days of receipt of the notification, direct the elections official to conduct the necessary election. The board or council shall do all of the following: (A) Call, provide for, and give notice of a special election or elections upon that question. (B) Fix a date of election.  (C) Designate precincts and polling places.   (D) Take any other action necessary to call, provide for, and give notice of the special election or elections and to provide for the conduct and the canvass of returns of the election, as determined by the commission.   (C) Direct the elections official to designate precincts and polling places and to take any other action necessary to call, provide for, and give notice of the special election or elections and to provide for the conduct and the canvass of returns of the election, as determined by the commission.  (2) If, within 45 days of receipt of the notification, the board of supervisors or the city council fails to direct the elections official to conduct the election pursuant to paragraph (1), the elections official shall place the item on the ballot  for the next regular election.   at the next established election date occurring   at least 88 days after the date of the notification to the elections official.  (3) The 45-day requirement established by this subdivision shall not apply to any application filed with a commission prior to January 1, 2011. (f) Any provision in this part that requires that an election be called, held, provided for, or conducted shall mean that the procedures specified in subdivisions (d) and (e) shall be followed. SEC. 2. Section 57132 of the Government Code is amended to read: 57132. The election on the question of the change of organization or reorganization shall be called pursuant to Section 57000 and held on the next  regular election date occurring at least 88 days after the date upon which the resolution calling the election was adopted. This section does not apply to any election conducted solely by mailed ballot pursuant to Chapter 1 (commencing with Section 4000) of Division 4 of the Elections Code.   established election date pursuant to Section 1000 of the Elections Code, or Section 1500 of the Elections Code in the case of an election conducted solely by mailed ballot,   occurring at least 88 days after the date upon which the resolution calling the election was adopted.  SEC. 3. Section 57132.5 of the Government Code is amended to read: 57132.5. Notwithstanding Section 57132, the election on the question of a special reorganization shall be called pursuant to Section 57000 and held at the next regular primary or general election occurring in an even-numbered year at least 88 days after the date on which the resolution calling the election was adopted.