BILL NUMBER: SB 184INTRODUCED BILL TEXT INTRODUCED BY Committee on Governance and Finance (Senators Wolk (Chair), Beall, DeSaulnier, Emmerson, Hernandez, Knight, and Liu) FEBRUARY 6, 2013 An act to amend Sections 53243.4, 66442.5, and 66449 of the Government Code, to amend Section 9002 of the Health and Safety Code, and to amend Section 32556 of the Public Resources Code, relating to local government. LEGISLATIVE COUNSEL'S DIGEST SB 184, as introduced, Committee on Governance and Finance. Local government: omnibus bill. (1) Existing law, the Public Cemetery District Law, defines the term "family member" for purposes of that law to include, among others, a person's spouse. This bill would additionally include within the definition of "family member" a person's domestic partner, and would define the term "domestic partner," as specified. (2) Existing law requires specified employment contracts between a local agency and an officer or employee to include a provision that would fully reimburse the local agency for that officer's or employee' s salary if that officer or employee is convicted of a crime involving an abuse of his or her office or position. Existing law, for purposes of these provisions, defines the term "abuse of office or position" to include, among other things, a crime against public justice, including bribery of a executive or judicial officer of the state. This bill would revise the definition of "abuse of office or position" to include bribery of a Member of the Legislature. (3) Existing law, the Subdivision Map Act, requires the city engineer or county surveyor, as appropriate, to sign an approved final or parcel map and indicate his or her registration number and stamp the map with his or her seal. This bill would additionally require the city engineer or county surveyor to provide that date on which he or she signed the final or parcel map, and to include his or her seal. (4) Existing law, the Baldwin Hills Conservancy Act, requires the board of the Baldwin Hills Conservancy to consist of 13 voting members, including, among others, the member of the Los Angeles County Board of Supervisors within whose district the majority of the Baldwin Hills area is located. This bill would instead require one of the 13 voting members to include the member of the Los Angeles County Board of Supervisors within whose district the majority of the Baldwin Hills area is located, or his or her designee. 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 2013. (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 53243.4 of the Government Code is amended to read: 53243.4. For purposes of this article, "abuse of office or position" means either of the following: (a) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority. (b) A crime against public justice, including, but not limited to, a crime described in Title 5 (commencing with Section 67) , Title 6 (commencing with Section 85), or Title 7 (commencing with Section 92) of Part 1 of the Penal Code. SEC. 3. Section 66442.5 of the Government Code is amended to read: 66442.5. The following statements shall appear on a final map:(a)Engineer's(surveyor's)or Surveyor's statement: This map was prepared by me or under my direction and is based upon a field survey in conformance with the requirements of the Subdivision Map Act and local ordinance at the request of (name of person authorizing map) on (date). I hereby state that all the monuments are of the character and occupy the positions indicated or that they will be set in those positions before (date), and that the monuments are, or will be, sufficient to enable the survey to be retraced, and that this final map substantially conforms to the conditionally approved tentative map. (Signed) ____________________(Date Signed) _____R.C.E. (or L.S.) No. _________________________L.S. or R.C.E. No. __________________ (Seal) (b) Recorder's certificate or statement. Filed this ___ day of ____, 20__, at ____m. in Book ____ of ____, at page ____, at the request of ________. Signed _________________________ County Recorder SEC. 4. Section 66449 of the Government Code is amended to read: 66449. The following statements shall appear on a parcel map:(a)Engineer's(surveyor's)or Surveyor's statement: This map was prepared by me or under my direction (and was compiled from record data) (and is based upon a field survey) in conformance with the requirements of the Subdivision Map Act and local ordinance at the request of (name of person authorizing map) on (date). I hereby state that this parcel map substantially conforms to the approved or conditionally approved tentative map, if any. (Signed) ______________________(Date Signed) ____R.C.E. (or L.S.) No. __________________________L.S. or R.C.E. No. ____________________(Seal) (b) Recorder's certificate or statement. Filed this ___ day of ____, 20__, at ____m. in Book ____ of ____, at page ____, at the request of ________. Signed __________________________ County Recorder SEC. 5. Section 9002 of the Health and Safety Code is amended to read: 9002. The definitions in Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 apply to this part. Further, as used in this part, the following terms have the following meanings: (a) "Active militia" means the active militia as defined by Section 120 of the Military and Veterans Code. (b) "Armed services" means the armed services as defined by Section 18540 of the Government Code. (c) "Board of trustees" means the legislative body of a district. (d) "District" means a public cemetery district created pursuant to this part or any of its statutory predecessors. (e) "Domestic partner" means two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring, and are qualified and registered with the Secretary of State as domestic partners in accordance with Division 2.5, of the Family Code.(e)(f) "Family member" means any spouse, by marriage or otherwise, domestic partner, child or stepchild, by natural birth or adoption, parent, brother, sister, half-brother, half-sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or any person denoted by the prefix "grand" or "great," or the spouse of any of these persons.(f)(g) "Firefighter" means a firefighter as defined by Section 1797.182.(g)(h) "Interment right" means the right to use or control the use of a plot, niche, or other space, authorized by this part, for the interment of human remains.(h)(i) "Nonresident" means a person who does not reside within a district or does not pay property taxes on property located in a district.(i)(j) "Peace officer" means a peace officer as defined by Section 830 of the Penal Code.(j)(k) "Principal county" means the county having all or the greater portion of the entire assessed value, as shown on the last equalized assessment roll of the county or counties, of all taxable property within a district.(k)(l) "Voter" means a voter as defined by Section 359 of the Elections Code. SEC. 6. Section 32556 of the Public Resources Code is amended to read: 32556. (a) The board shall consist of 13 voting members and 7 nonvoting members. (b) The 13 voting members of the board shall consist of the following: (1) The Secretary of the Resources Agency, or his or her designee. (2) The Director of Parks and Recreation, or his or her designee. (3) The Director of Finance, or his or her designee. (4) The Director of the Los Angeles County Department of Parks, or his or her designee. (5) The member of the Los Angeles County Board of Supervisors within whose district the majority of the Baldwin Hills area is located , or his or her designee . (6) Six members of the public appointed by the Governor who are residents of Los Angeles County and who represent the diversity of the community surrounding the Baldwin Hills area. Of those six members, four members shall be selected as follows: (A) One member shall be a resident of Culver City selected from a list of three persons nominated by the city council. (B) Three members shall be residents of the adjacent communities of Blair Hills, Ladera Heights, Baldwin Hills, Windsor Hills, Inglewood, View Park, or Baldwin Vista. (7) A resident of Los Angeles County appointed by the Speaker of the Assembly, and a resident of Los Angeles County appointed by the Senate Committee on Rules. (c) The seven nonvoting members shall consist of the following: (1) The Secretary of the California Environmental Protection Agency, or his or her designee. (2) The Executive Officer of the State Coastal Conservancy, or his or her designee. (3) The Executive Officer of the State Lands Commission, or his or her designee. (4) An appointee of the Governor with experience in developing contaminated sites, commonly referred to as "brownfields." (5) The Executive Director of the Santa Monica Mountains Conservancy, or his or her designee. (6) The Director of the Culver City Human Services Department, or his or her designee. (7) The Director of the Department of Conservation, or his or her designee. (d) A quorum shall consist of seven voting members of the board, and any action of the board affecting any matter before the board shall be decided by a majority vote of the voting members present, a quorum being present. However, the affirmative vote of at least four of the voting members of the board shall be required for the transaction of any business of the board. (e) The board shall do both of the following: (1) Study the potential environmental and recreational uses of Ballona Creek and the adjacent property described in subdivision (a) of Section 32553. (2) Develop a proposed map for that area.