SB 1090 — Local government: omnibus bill.

Summary

(1) Existing law requires the Controller to compile and publish reports of the financial transactions of each county, city, and special district within this state, together with any other matter he or she deems of public interest. Existing law requires the Controller to annually publish reports of the financial transactions of each school district within this state, together with any other matter he or she deems of public interest. This bill would require the Controller to publish the annual reports of the financial transactions of each school district on the Internet Web site of the Controller. (2) Existing law sets forth the boundary descriptions of every county in the state, including the Counties of Fresno and Merced. This bill would revise the boundary descriptions for the Counties of Fresno and Merced. (3) Existing law requires 3 copies of the complete text of a charter proposal or of any amended or repealed section ratified by the voters of a city or city and county to be certified and authenticated by the chairperson and the clerk of the governing body and attested by the city clerk, setting forth the submission of the charter to the voters of the city, and its ratification by them. This bill would clarify that the copies filed with the county recorder are recorded, and that the copies with the city archives are filed. (4) Existing law authorizes the legislative body of a general law city to impose a sidewalk installation charge, as specified, upon an affirmative vote of a majority of all of the electors of the city voting on the proposition at an election called for that purpose. The California Constitution conditions the imposition of a special tax on a city, county, or special district upon the approval of 23 of the voters of the city, county, or special district voting on that tax. Existing law implements this provision of the Constitution. This bill would require the legislative body of a general law city to submit a sidewalk installation charge to the voters and receive a 23 vote to approve the charge prior to imposing the charge, thereby conforming these provisions to existing law. (5) Existing law authorizes the parties to a Williamson Act contract, after approval by the Department of Conservation, in consultation with the Department of Food and Agriculture, to mutually agree to rescind the contract entered into under the Williamson Act in order to simultaneously enter into a solar-use easement that would require that the land be used for solar photovoltaic facilities for a term no less than 20 years, as specified. This bill would make technical, nonsubstantive changes to these provisions. (6) Existing law, commencing January 1, 2012, requires any contract executed or renewed between a local agency and an officer or employee of the local agency to include a provision that requires an officer or employee of a local agency who is convicted of a crime involving an abuse of his or her office or position, as defined, to fully reimburse the local agency for specified payments made by that local agency to the officer or employee, as specified. Existing law defines the term "abuse of office or position" to include, among other things, a crime against public justice, including, but not limited to, specified crimes related to bribery or corruption of any judicial officer, juror, referee, arbitrator, or umpire, or to any person who may be authorized by law to hear or determine any question or controversy. This bill would additionally include within that definition, specified crimes related to bribery or corruption of any executive officer in this state. (7) Existing law requires the Superintendent of Public Instruction to make available to the Controller, on an as-needed basis, data and other matters required by the Controller pursuant to existing law. This bill would authorize the Controller to prescribe the time, manner, and format in which the Superintendent is required to provide that data. (8) The Benefit Assessment Act of 1982 authorizes local agencies, as defined, to impose benefit assessments to finance the maintenance and operation costs of drainage, flood control, street lighting, and streets, roads, or highways, if that local agency is authorized to provide those services. This bill would authorize a local agency that has imposed an assessment pursuant to these provisions to bring an action in superior court to determine the validity of the assessment, as specified. (9) On or before the due date for the next adoption of its housing element, existing law requires each city or county to review and update the land use element of its general plan to include, if a city, an identification of each unincorporated island or fringe community within the city's sphere of influence, or, if a county, an identification of each legacy community within the boundaries of the county. This bill would instead require the update of the land use element to include, if a city, an identification of each island or fringe community within the city's sphere of influence that is a disadvantaged unincorporated community, or, if a county, an identification of each legacy community within the boundaries of the county that is a disadvantaged unincorporated community. The bill would require the update to be based on certain available data, as specified. (10) The Subdivision Map Act requires a certificate or statement by the city engineer or surveyor, or county surveyor, for specified maps, and requires the official to provide, among other things, his or her registration or license number with expiration date, as specified. This bill would eliminate the requirement that the official provide the expiration date of his or her registration number or license. (11) Existing law authorizes various local public entities to prescribe fees or other charges for services and facilities furnished by them in connection with their water, sanitation, storm drainage, or sewerage system, as well as for the privilege of connecting to these sanitation or sewerage facilities. These charges, under specified circumstances, may be collected on the tax roll in the same manner as property taxes and the amount of the charges constitutes a lien against the lot or parcel against which the charge has been imposed, unless the real property has been transferred or conveyed to a bona fide purchaser for value, or a lien of a bona fide encumbrancer for value has been created and attached prior to the date upon which the first installment of the property taxes would become delinquent. This bill would instead require the transfer, conveyance, or attachment to occur during the year prior to the date on which the first installment of property taxes that evidence the charges appears on the tax roll, in order to preclude the local public entity's lien from attaching to the real property of the bona fide purchaser or encumbrancer for value. (12) Existing law requires the charges for the above-described services and facilities to remain delinquent for 60 days and the imposing entity to provide the assessee with notice of the delinquency, in order for the charges to constitute a lien against the lot or parcel of land for which the service was provided. This bill would delete the 60-day delinquency and notice requirements and, instead, authorize the amount of unpaid charges to be secured at any time by filing a specified certificate in the office of the county recorder. This bill would provide that the amount required to be paid, with interest and a penalty, constitutes a lien on all real property owned by the person or afterwards acquired by him or her before the lien expires. (13) Existing law provides procedures for the collection of unpaid charges by a water district for water or other services. These unpaid charges become a lien on the parcel of land upon which the water and other services were used, unless the real property has been transferred or conveyed to a bona fide purchaser for value, or a lien of a bona fide encumbrancer for value has been created and attached prior to the date of which the first installment of taxes would become delinquent. This bill would require the transfer, conveyance, or attachment to occur during the year prior to the date on which the first installment of real property taxes that evidence the charges appears on the tax roll, in order for the water district's lien to not attach to the real property of the bona fide purchaser or encumbrancer for value. (14) Existing law provides procedures to a city council that proposes to levy a new or increased property assessment or a new or increased business assessment. This bill would set forth procedures to apply to a city council that proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, as specified. (15) The Property and Business Improvement District Law of 1994, requires a management district plan for a district to include, among other things, the improvements and activities proposed for each year of operation of the district and the maximum cost thereof. This bill would specify that, if the improvements and activities proposed for each year of operation of the district are the same, this requirement may be satisfied if the management plan includes a description of the first year's proposed improvements and activities and a statement that the same improvements and activities are proposed for subsequent years. The Property and Business Improvement District Law of 1994 also requires a management district plan for a district to include, among other things, the total annual amount proposed to be expended for improvements, maintenance and operations, and debt service in each year of operation of the district. The bill would provide that if the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years may satisfy this requirement. This bill would also authorize this amount to be based upon the assessment rate if the assessment is levied on businesses. The bill would also correct an erroneous reference within the Property and Business Improvement District Law of 1994. (16) The Property and Business Improvement District Law of 1994 provides that a city council may adopt a resolution for the disestablishment of a district under specified circumstances. Existing law requires, upon the disestablishment of a district, any specified remaining revenues to be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied, as specified. This bill would additionally provide, upon the expiration without renewal of the district for the refund of any specified remaining revenues to the owners of property or businesses then located and operating within the district in which assessments were levied, as specified. (17) The Kings River Conservation District Act establishes the Kings River Conservation District, and authorizes the board of the district to exclude specific territory within the district, as specified. The act divides the district into divisions for purposes of elections, and requires the board of the district to revise the divisions upon adding or removing territory from the district, except that the board is prohibited from revising the division of districts within the 3 months immediately following the preceding general district election. The act additionally defines the term "general district election" to mean the election required to be held in the district on the first Tuesday after the first Monday in November in each odd-numbered year. This bill would repeal this provision, and would additionally require the district board to adopt a resolution on or before May 1, 2013, that divides the district into 7 electoral districts, as specified. The bill would also set forth the procedure by which the directors of the board may be elected, and would require the board to review the boundaries of the 7 districts before November 1 of the year following the year in which each decennial census is taken. The bill would prohibit the board from making any changes to the division of the district within the 180 days immediately preceding a general district election. The bill would revise the definition of the term "general district election" to mean the election required to be held in the district on the first Tuesday after the first Monday in November in each even-numbered year. The bill would additionally make conforming changes to the act. By increasing the duties of local officials, this bill would impose a state-mandated local program. (18) 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.

Bill Text

• Chaptered 09/14/12 - Chaptered Current pdf September 14, 2012
• Enrolled 08/30/12 - Enrolled pdf August 30, 2012
• Amended 08/20/12 - Amended Assembly pdf August 20, 2012
• Amended 06/15/12 - Amended Assembly pdf June 15, 2012
• Amended 04/11/12 - Amended Senate pdf April 11, 2012
• Introduced 02/15/12 - Introduced pdf February 15, 2012
• SB1090 View text html

Action History

1. September 14, 2012

   Chaptered by Secretary of State. Chapter 330, Statutes of 2012.

2. September 14, 2012

   Approved by the Governor.

3. August 31, 2012

   Enrolled and presented to the Governor at 7:30 p.m.

4. August 27, 2012

   Assembly amendments concurred in. (Ayes 36. Noes 0. Page 4849.) Ordered to engrossing and enrolling.

5. August 24, 2012

   In Senate. Concurrence in Assembly amendments pending.

6. August 23, 2012

   Read third time. Passed. (Ayes 79. Noes 0. Page 6178.) Ordered to the Senate.

7. August 20, 2012

   Ordered to third reading.

8. August 20, 2012

   Read third time and amended. (Page 6003.)

9. August 16, 2012

   Ordered to third reading.

10. August 16, 2012

    From consent calendar.

11. August 13, 2012

    Read second time. Ordered to consent calendar.

12. August 09, 2012

    From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 8).

13. June 27, 2012

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0.) (June 27). Re-referred to Com. on APPR.

14. June 15, 2012

    (Corrected June 19.)

15. June 15, 2012

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.

16. May 17, 2012

    Referred to Com. on L. GOV.

17. May 03, 2012

    In Assembly. Read first time. Held at Desk.

18. May 03, 2012

    Read third time. Passed. (Ayes 35. Noes 0. Page 3404.) Ordered to the Assembly.

19. May 01, 2012

    Read second time. Ordered to consent calendar.

20. April 30, 2012

    From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

21. April 20, 2012

    Set for hearing April 30.

22. April 18, 2012

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0. Page 3206.) (April 18). Re-referred to Com. on APPR.

23. April 11, 2012

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

24. March 06, 2012

    Set for hearing April 18.

25. March 01, 2012

    Referred to Com. on GOV. & F.

26. February 16, 2012

    From printer. May be acted upon on or after March 17.

27. February 15, 2012

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Committee on Governance and Finance · Primary

Votes

Subjects