California Assembly Bill AB386 Amended / Bill

 BILL NUMBER: AB 386AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 24, 2015 INTRODUCED BY Assembly Member Dahle (Coauthor: Senator Gaines) FEBRUARY 18, 2015 An act to add Section 20527.14 to the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGEST AB 386, as amended, Dahle. Tulelake Irrigation District. The Irrigation District Law provides for the formation of irrigation districts with prescribed powers. The district law generally requires a director on the board of an irrigation district to be a voter, landowner, and resident in the division of the district that the director represents. This bill would provide that  ,  for the Tulelake Irrigation District  ,  every owner of real property assessed by the  district and located within its boundaries,   district,  but no others, is authorized to vote at district elections for  directors.   director, as prescribed.  The bill would provide that a director of the Tulelake Irrigation District  , at the time of his or her nomination or appointment and through his or her entire term,  is required to be a registered voter in  the state   California  , reside within the  territory of the  district  or within 10 miles of the exterior boundaries of the district and within California  , and be a landowner  , or a specified legal representative of a landowner,  within the division he or she  represents at the time of his or her nomination or appointment and through his or her entire term.   represents.  By imposing requirements on the district  and the county  in connection with district elections, this bill would impose 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. 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 20527.14 is added to the Water Code, to read: 20527.14. (a) This section only applies to the Tulelake Irrigation District. For the purposes of this section, the following terms have the following meanings:  (1) "Assessed farm unit" means each acre assessed by the district.   (2)   (1)  "Corporation"  includes partnerships, limited liability companies, public agencies, as well as other legal entities   means any legal entity, public, or private,  properly organized under the laws of the state in which  they were created   it was created,  that  are   is  allowed to own real property  in California  .  (3)   (2)  "District" means the Tulelake Irrigation District  , originally formed as Tule Lake Irrigation District  .  (4) "Legal representative" means an official of a corporation owning real property or a guardian, conservator, executor, or administrator of the estate or the holder of title to real property who is appointed under the laws of the state, entitled to the possession of the estate's property, and authorized by the appointing court to exercise the particular right, privilege, or immunity that he or she seeks to exercise.   (3) "Legal representative" means a person authorized to act for or on behalf of a corporation, estate, or trust holding title to land within the district.   (4) "Residency area" means both of the following:   (A) Land within the exterior boundaries of the district.   (B) Land within 10 miles of the exterior boundaries of the district and within California.  (b) Notwithstanding Section 20527 or any other law, every owner of real property assessed by the  district and located within its boundaries,   district,  but no others, may vote at district elections for  directors.   director.  An owner need not be a resident of the  division or  district in order to qualify as a voter.  A   The number of votes a  voter shall be entitled to cast  one vote, which will be assigned a vote value   shall be  based upon the  acreage of the voter's assessed farm unit   total number of assessed acres owned by the voter in the division  as follows: (1) For  10   50  or fewer assessed  farm units, the vote value is one   acres, one vote  . (2) For more than  10 and 25 or fewer assessed farm units, the vote value is two   50, but not more than 250 assessed acres, two votes  . (3) For more than  25 and 40 or fewer   250  assessed  farm units, the vote value is three   acres, three votes  .  (4) For more than 40 and 70 or fewer assessed farm units, the vote value is four.   (5) For more than 70 and 100 or fewer assessed farm units, the vote value is five.   (6) For more than 100 assessed farm units, the vote value is six.  (c) The last  equalized assessment roll prepared by the district   Tulelake Irrigation District Assessment Roll  is conclusive evidence of ownership and  of  the number of  farm units owned.   assessed acres owned by the voter in the division.  (d) (1) If land is owned in joint tenancy, tenancy in common, or any other multiple ownership, the owners of the land shall designate, in writing as specified in paragraph (2), which one of the owners is deemed the owner of the land for purposes of qualifying as a voter. (2) The designation shall be made upon a form provided by the district and shall be filed with the district at least 40 days prior to the election and shall remain in effect until amended or revoked. No amendment or revocation may occur within the period of 39 days prior to an election. (e) The legal representative of a corporation, estate, or trust owning real property may vote on behalf of the corporation or estate, including when the entity is a designee pursuant to subdivision (d). Before a legal representative votes at a district election, he or she shall present to the  precinct board   district  a copy of his or her authority that shall be kept and filed with the returns of the election. (f) Every voter, or his or her legal representative, may vote at any district election either in person or by a person appointed as his or her proxy. The appointment of a proxy shall be as provided in Section 35005. (g) Notwithstanding Section 21100 or any other law, each director of the district  shall be   shall, at   the time of his or her nomination or appointment and through his or her entire term, meet all of the following requirements:   (1)     Be  a registered voter in  the state, reside   California.   (2)     Reside  within the  territory of the district, and be   residency area.   (3)     Be  a landowner within the division he or she represents  at the time of his or her nomination or appointment and through his or her entire term.   or a legal representative of a landowner within the division he or she represents.  SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.