BILL NUMBER: AB 256INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Nestande FEBRUARY 3, 2011 An act to amend Sections 2079 and 2082 of the Health and Safety Code, relating to vector control. LEGISLATIVE COUNSEL'S DIGEST AB 256, as introduced, Nestande. Vector control. The Mosquito Abatement and Vector Control District Law authorizes the establishment of mosquito abatement and vector control districts governed by a board of trustees. The board of trustees is required to provide for regular audits of the district's accounts and records. The law also authorizes the district to levy special benefit assessments to finance vector control projects and programs. This bill would require the board of trustees to adopt a formal, written response to any irregularities or accounting issues raised in the audit and provide this response to the appointing authority of each member of the board of trustees. The bill would also require the district before it levies special benefit assessments to provide specified notice to the appointing authority. By imposing new duties upon a mosquito abatement and vector control district, this bill would constitute a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 2079 of the Health and Safety Code is amended to read: 2079. (a) The board of trustees shall provide for regular audits of the district's accounts and records pursuant to Section 26909 of the Government Code. If an audit identifies an irregularity or accounting issue, the board of trustees shall adopt a formal, written response and provide this response to the appointing authority of each member of the board of trustees. (b) The board of trustees shall provide for the annual financial reports to the Controller pursuant to Article 9 (commencing with Section 53890) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. SEC. 2. Section 2082 of the Health and Safety Code is amended to read: 2082. (a) A district may levy special benefit assessments consistent with the requirements of Article XIII D of the California Constitution to finance vector control projects and programs. (b) Before beginning a vector control project or program proposed to be financed pursuant to this section, the board of trustees shall adopt a resolution that does all of the following: (1) Specifies its intent to undertake the project or program. (2) Generally describes the project or program. (3) Estimates the cost of the project or program. (4) Estimates the duration of the proposed special benefit assessment. (c) After adopting its resolution pursuant to subdivision (b), the board of trustees shall proceed pursuant to Section 53753 of the Government Code. The board of trustees shall also mail the notice described in subdivision (b) of Section 53753 to the appointing authority of each member of the board of trustees within the timeframe described in that subdivision, except that this notice shall not include the amount chargeable to a specific record owner's parcel. The members of the board of trustees shall make themselves, as well as district staff, available to the appointing authority and the staff of the appointing authority to discuss the proposed special benefit assessment at any time prior to the public hearing described in the notice. The board of trustees shall also notify each appointing authority of this availability. (d) The special benefit assessments levied pursuant to this section shall be collected at the same time and in the same manner as county taxes. The county may deduct an amount not to exceed its actual costs incurred for collecting the special benefit assessments before remitting the balance to the district. The special benefit assessments shall be a lien on all the property benefited. Liens for the assessments shall be of the same force and effect as liens for property taxes, and their collection may be enforced by the same means as provided for the enforcement of liens for county taxes. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.