California Senate Bill SB1462 Amended / Bill

 BILL NUMBER: SB 1462AMENDED BILL TEXT AMENDED IN SENATE APRIL 9, 2014 INTRODUCED BY Committee on Governance and Finance (Senators Wolk (Chair), Beall, DeSaulnier, Hernandez, Knight, Liu, and Vidak) MARCH 10, 2014 An act to  amend Section 6348.4 of the Business and Professions Code, to  amend Sections 5903 and 53395.10 of the Government Code,  and to amend Sections 670 and 671 of the Revenue and Taxation Code,  relating to local government. LEGISLATIVE COUNSEL'S DIGEST SB 1462, as amended, Committee on Governance and Finance. Local government: omnibus bill.  (1) Existing law establishes a system of county law libraries and provides for a board of law library trustees in each county to govern the law library established for the county. Existing law authorizes real property acquired by the board to be sold, with the proceeds to be deposited in the law library fund.   This bill would additionally authorize real property acquired by the board to be leased, rented, or licensed, with the proceeds to be deposited in the law library fund.   (1)   (2)  Existing law authorizes a legislative body, as defined, that determines prior to issuing any bonds that the interest payable on the bonds will be subject to federal income taxation under the law in effect on the date of issuance, to require in the ordinance, resolution, indenture, agreement, or other instrument providing for the issuance of the bonds, that the bonds be denominated, payable, and redeemable in accordance with certain standards. This bill would also authorize the legislative body to include the maturity or maturities of the bonds in the ordinance, resolution, indenture, agreement, or other instrument providing for issuance.  (2)   (3)  Existing law authorizes the legislative body of a city or county to establish an infrastructure financing district, and requires proceedings for the establishment of a district to be instituted by the adoption of a resolution of intention to establish the proposed district that, among other things, describes the boundaries of the proposed district as referenced in a map on file in the office of the clerk of the city. This bill would specify that the description of the boundaries of the proposed district may be accomplished by reference to a map on file in the office of the clerk of either the city or county that is proposing to establish the district.  (4) Existing law prohibits any person from performing the duties or exercising the authority of an appraiser for property tax purposes, as specified, unless he or she holds a valid appraiser's certificate issued by the State Board of Equalization. Existing law requires the board to hold appraiser examinations, prepared by the board with the assistance of 5 assessors selected by the State Association of County Assessors. Existing law provides that an appraiser, after holding a valid appraiser's certificate for at least 3 years, be issued an advanced appraiser's certificate by the board when they have completed a course of study, passed an examination, and hold a valid professional designation from a recognized professional organization. Existing law requires the board, with the advice and assistance of 5 assessors selected by the State Association of County Assessors of California, to prescribe the course of study, prepare the examination, and approve of the professional designation.   This bill would change an obsolete reference in these provisions from the State Association of County Assessors to the California Assessors' Association. 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. (a) This act shall be known, and may be cited, as the Local Government Omnibus Act of 2014. (b) The Legislature finds and declares that Californians want their governments to be run efficiently and economically and that public officials should avoid waste and duplication whenever possible. The Legislature further finds and declares that it desires to control its own costs by reducing the number of separate bills. Therefore, it is the intent of the Legislature in enacting this act to combine several minor, noncontroversial statutory changes relating to the common theme, purpose, and subject of local government into a single measure.  SEC. 2.   Section 6348.4 of the   Business and Professions Code   is amended to read:  6348.4. Real property acquired by a board may be sold  , leased, rented, or licensed  with the proceeds to be deposited in the law library fund.  SEC. 2.   SEC. 3.  Section 5903 of the Government Code is amended to read: 5903. If, prior to issuing any bonds, the legislative body determines that the interest payable on the bonds to be issued by the state or local government will be subject to federal income taxation under the law in existence on the date of issuance or pending on the date of issuance with an effective date preceding the date of issuance, then notwithstanding any other provision of law, the ordinance, resolution, indenture, agreement, or other instrument providing for the issuance of the bonds may provide for any of the following: (a) The bonds shall be in the denominations, in the form, either bearer or registered, and payable at the place or places, either within or without the United States, at the time or times, in lawful money of the United States of America, with the maturity or maturities, with the terms of redemption, and at the interest rate or rates, either fixed or variable, including methods of determining the rate or rates if variable, as the legislative body shall determine. (b) The bonds shall be sold at public or private sale, in such manner and place or places, either within or without the United States, and at the price or prices, above or below par, as the legislative body shall determine. (c) In connection with, or incidental to, the sale and issuance of the bonds, the state or local government may offer, sell, and issue warrants for additional bonds, as well as issue additional bonds pursuant to these warrants on terms consistent with this chapter, and may enter into any contracts which the legislative body determines to be necessary or appropriate to place the obligation of the state or local government, as represented by the bonds and the contract or contracts, in whole or in part on the interest rate, cash flow, or other basis desired by the legislative body, including, without limitation, contracts commonly known as interest rate swap agreements, forward payment conversion agreements, futures, or contracts providing for payments based on levels of or changes in interest rates, or contracts to exchange cash flows or a series of payments, or contracts, including, without limitation, options, puts or calls to hedge payment, rate, spread, or similar exposure. These contracts or arrangements may also be entered into by state or local governments in connection with, or incidental to, entering into any agreement which secures bonds, including bonds issued by private entities. These contracts and arrangements shall be made upon the terms and conditions established by the legislative body, after giving due consideration for the creditworthiness of the counterparties, where applicable, including any rating by a nationally recognized rating agency or any other criteria as may be appropriate. In addition, these contracts and arrangements may be made only if the bonds are rated in one of the three highest rating categories by two nationally recognized rating agencies, and if there has been receipt, from any rating agency rating the bonds, of written evidence that the contract or agreement will not adversely affect the rating. (d) In connection with, or incidental to, the sale and issuance of the bonds, or entering into any of the contracts or arrangements referred to in subdivision (c), the state or local government may enter into credit enhancement or liquidity agreements, with payment, interest rate, security, default, remedy, and other terms and conditions as the legislative body shall determine. (e) Proceeds of the bonds and any moneys set aside or pledged to secure payment of the bonds, or any of the contracts entered into pursuant to subdivision (c), may be invested in securities or obligations described in the ordinance, resolution, indenture, agreement, or other instrument providing for the issuance of the bonds and may be pledged to and used to service any of the contracts or agreements entered into pursuant to this section.  SEC. 3.   SEC. 4.  Section 53395.10 of the Government Code is amended to read: 53395.10. A legislative body of a city or county may designate one or more proposed infrastructure financing districts pursuant to this chapter. Proceedings for the establishment of a district shall be instituted by the adoption of a resolution of intention to establish the proposed district and shall do all of the following: (a) State that an infrastructure financing district is proposed to be established under the terms of this chapter and describe the boundaries of the proposed district, which may be accomplished by reference to a map on file in the office of the clerk of the city or county that is proposing to establish the district. (b) State the type of public facilities proposed to be financed by the district. The district may only finance public facilities authorized by Section 53395.3. (c) State that incremental property tax revenue from the city or county and some or all affected taxing entities within the district may be used to finance these public facilities. (d) Fix a time and place for a public hearing on the proposal.  SEC. 5.   Section 670 of the   Revenue and Taxation Code   is amended to re   ad:  670. (a) No person shall perform the duties or exercise the authority of an appraiser for property tax purposes as an employee of the state, any county or city and county, unless he or she is the holder of a valid appraiser's or advanced appraiser's certificate issued by the State Board of Equalization. (b) The board shall provide for the examination of applicants for these certificates and may contract with the State Personnel Board to give the examinations. Examinations shall be prepared by the board with the advice and assistance of a committee of five assessors selected by the  State Association of County Assessors   California Assessors' Association  for this purpose. No certificate shall be issued to any person who has not attained a passing grade in the examination and demonstrated to the board that he or she is competent to perform the work of an appraiser as that competency is defined in regulations duly adopted by the board. However, any applicant for a certificate who is denied the same shall have a right to a review of that denial in accordance with the State Administrative Procedure Act contained in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (c) Passage of a civil service or merit system examination for appraiser given by the state, or any county or city and county, shall suffice to meet the requirements of this section. The scope of the examination shall be approved by the State Board of Equalization. (d) No employee of the state, or any county or city and county shall perform the duties or exercise the authority of an auditor or an auditor-appraiser under Section 469 or Section 15624 of the Government Code, unless he or she holds a degree with a specialization in accounting from a recognized institution of higher education, or is a licensed accountant in the State of California, or has passed the state, or a county, or city and county, or city civil service or merit system examination regularly given for the position of accountant or auditor by the testing body, or holds the office of assessor. (e) Except for persons holding the office of assessor, this section does not apply to elected officials. (f) No charge shall be made to counties or to applicants for examinations and certifications under this section or for training conducted by the board under Section 671.  SEC. 6.   Section 671 of the   Revenue and Taxation Code   is amended to read:  671. (a) In order to retain a valid appraiser's certificate every holder shall complete at least 24 hours of training conducted or approved by the State Board of Equalization in each one-year period. Any excess in training time over the 24-hour minimum accumulated in any one year shall be carried over as credit for future training requirements with a limit of three years in which the carryover time may be credited. Failure to receive such training shall constitute grounds for revocation of an appraiser's certificate; provided, however, that proceedings to revoke shall be conducted in accordance with the Administrative Procedure Act contained in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. Training shall include, but not be limited to, new developments in the case and statutory law and administrative rules. (b) An advanced appraiser's certificate shall be issued by the board after an applicant has held an appraiser's certificate for at least three years and: (1) Has successfully completed a course of study; or (2) Has passed an advanced level examination; or (3) Holds a valid professional designation from a recognized professional organization. The board, with the advice and assistance of five assessors selected by the  State Association of County Assessors of California   California Assessors' Association  , shall prescribe the course of study, prepare the advanced level examination, and approve the professional designation. In order to retain a valid advanced appraiser's certificate, every holder shall complete at least 12 hours of training in each one-year period. Any excess in training time for the advanced appraiser's certificate over the 12-hour minimum accumulated in any one year shall be carried over as a credit for future training requirements with a limit of two years in which the carryover time may be credited. Failure to receive such training shall constitute grounds for revocation of an advanced appraiser's certificate; provided, however, that proceedings to revoke shall be conducted in accordance with the Administrative Procedure Act contained in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. Training to retain the advanced appraiser's certificate shall include, but not be limited to, new developments in the case and statutory law and administrative rules.