California 2013-2014 Regular Session Status: Enacted

AB 2762 — Local government.

Last action — Chaptered by Secretary of State - Chapter 112, Statutes of 2014.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 24, 2014. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, provides the authority and procedures for the initiation, conduct, and completion of changes of organization and reorganization of cities and districts. The act does not apply to pending proceedings for a change or organization or reorganization for which the application was accepted for filing prior to January 1, 2001, as specified. The act authorizes these pending proceedings to be continued and completed under, and in accordance with, the law under which the proceedings were commenced. This bill would repeal those provisions relating to pending proceedings for a change or organization or reorganization for which an application was accepted for filing prior to January 1, 2001, and make other conforming changes. The act specifies that provisions governing the time within which an official or the commission is to act are, with specific exceptions, directory rather than mandatory. This bill would make a technical amendment to that provision. The act provides that in each county there is a local agency formation commission, and that the commission shall include in its membership 2 presiding officers or members of legislative bodies of independent special districts and an alternate, selected by the independent special district selection committee. Existing law provides that the independent special district selection committee shall consist of the presiding officer of the legislative body of each independent special district. The bill would authorize the legislative body of a district to appoint one of its members as an alternate to participate in the selection committee in the presiding officer's place. The act authorizes the executive officer of the selection committee, if he or she determines that a meeting for the purpose of selecting the special district representatives or for filling a vacancy is not feasible, to conduct the business of the committee in writing, as specified. This bill would recast those provisions and, in addition, would provide that a majority of the independent special district selection committee may determine to conduct the committee's business by mail, including holding all elections by mailed ballot, as specified. This bill would also authorize a local agency formation commission, until January 1, 2019, to review and comment upon the extension of services into previously unserved territory within unincorporated areas, and the creation of new service providers to extend urban type development into previously unserved territory within unincorporated areas. The act requires a local agency or school district that initiates proceedings for a change of local government organization or reorganization by submitting a resolution of application for a change of organization or reorganization to also submit a plan for providing services within the effected territory, as specified. This bill would instead require, if a proposal for a change of organization or reorganization is submitted, that the applicant submit a plan for providing services within the effected territory. The act specifies the factors that a local agency formation commission is required to consider in the review of a proposal for a change of organization or reorganization, including, among other things, a regional transportation plan, as specified, and its consistency with city or county general and specific plans. This bill instead would require the local agency formation commission to consider, in the review of a proposal for a change of organization or reorganization, the consistency of the entire proposal for a change of organization or reorganization with city or county general and specific plans. By increasing the duties of a local agency formation commission, this bill would impose a state-mandated local program. The act authorizes a change of organization or reorganization to provide for, or to be made subject to, one or more terms and conditions specified in the commission's resolution making determinations, in which case, the terms and conditions imposed constitute the exclusive terms and conditions for the change of organization or reorganization, notwithstanding other specified general provisions of law. This bill instead would provide, that if a change or reorganization is made subject to terms and conditions, those terms and conditions shall prevail in the event of a conflict with other specified general provisions of law. The act defines a landowner-voter district and prescribes certain voting thresholds for landowner-voter districts for elections associated with proposals initiated by a local agency formation commission. This bill would make nonsubstantive, technical changes to these provisions. 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

Action History

  1. Chaptered by Secretary of State - Chapter 112, Statutes of 2014.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:15 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 0. Page 4145.).

  6. Read second time. Ordered to consent calendar.

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

  8. From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 7. Noes 0.) (June 11). Re-referred to Com. on APPR.

  9. Referred to Com. on GOV. & F.

  10. In Senate. Read first time. To Com. on RLS. for assignment.

  11. Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 5114.)

  12. Read second time. Ordered to consent calendar.

  13. From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (May 14).

  14. Re-referred to Com. on APPR.

  15. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  16. From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 9. Noes 0.) (April 30). Re-referred to Com. on APPR.

  17. Re-referred to Com. on L. GOV.

  18. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

  19. Referred to Com. on L. GOV.

  20. From printer. May be heard in committee April 24.

  21. Read first time. To print.

Sponsors

  • Committee on Local Government · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Committee on Local Government

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Consent Calendar 2nd AB2762 Committee on L. GOV.

Passed 32 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 31006
Democratic 1002
Total 32008
% of votes cast 80%0%0%20%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Hill — Yea
Huff — Yea
Knight — Yea
Lieu — Yea
Nielsen — Yea
Pavley — Yea
Vidak — Yea
Cannella — Yea
Correa — Yea
Evans — Yea
Galgiani — Yea
Hernandez — Yea
Liu — Yea
Torres — Yea
Mitchell — Yea
De León — Yea
Corbett — Yea
Hancock — Yea
Hueso — Yea
Block — Not Voting
Lara — Yea
Leno — Not Voting
Monning — Yea
Morrell — Yea
Roth — Yea
Steinberg — Not Voting
Walters — Yea
Wolk — Not Voting
Wright — Not Voting
Yee — Not Voting
Wyland — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Not Voting

Official roll call →

AB 2762 L. GOV. Consent Calendar Second Day

Passed 73 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 66006
Democratic 4000
Republican 3000
Total 73006
% of votes cast 92%0%0%8%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Not Voting
Jones-Sawyer — Yea
Linder — Yea
Maienschein — Yea
Nestande — Not Voting
Olsen — Yea
Quirk — Yea
Wagner — Yea
Gorell — Yea
Hagman — Yea
Holden — Yea
Allen — Yea
Lowenthal — Yea
Garcia — Yea
Logue — Yea
Gray — Yea
Atkins — Yea
Mansoor — Yea
Fong — Yea
Dababneh — Yea
Daly — Yea
Nazarian — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Skinner — Yea
Waldron — Yea
Yamada — Yea
Campos — Yea
Frazier — Yea
Gomez — Yea
Bocanegra — Yea
Hall — Yea
John A. Pérez — Yea
Salas — Yea
Levine — Yea
Chau — Yea
Bonilla — Not Voting
Medina — Yea
Melendez — Not Voting
Mullin — Yea
Pan — Yea
Chesbro — Yea
Perea — Yea
Ammiano — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Donnelly — Yea
Eggman — Yea
Rendon — Yea
Ting — Yea
Weber — Yea
Wieckowski — Yea
Wilk — Yea
Williams — Yea
Dickinson — Yea
Fox — Yea
Gatto — Yea
Gordon — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Republican 1000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bradford — Yea
Holden — Yea
Linder — Yea
Quirk — Yea
Ridley-Thomas — Yea
Gatto — Yea
Eggman — Yea
Pan — Yea
Campos — Yea
Bocanegra — Yea
Donnelly — Yea
Wagner — Yea
Weber — Yea
Gomez — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety housing elections labor
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Frequently asked questions

What does AB 2762 do?
Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, provides the authority and procedures for the initiation, conduct, and completion of changes of organization and reorganization of cities and districts. The act does not apply to pending proceedings for a change or organization or reorganization for which the application was accepted for filing prior to January 1, 2001, as specified. The act authorizes these pending proceedings to be continued and completed under, and in accordance with, the law under which the proceedings were commenced. This bill would repeal those provisions relating to pending proceedings for a change or organization or reorganization for which an application was accepted for filing prior to January 1, 2001, and make other conforming changes. The act specifies that provisions governing the time within which an official or the commission is to act are, with specific exceptions, directory rather than mandatory. This bill would make a technical amendment to that provision. The act provides that in each county there is a local agency formation commission, and that the commission shall include in its membership 2 presiding officers or members of legislative bodies of independent special districts and an alternate, selected by the independent special district selection committee. Existing law provides that the independent special district selection committee shall consist of the presiding officer of the legislative body of each independent special district. The bill would authorize the legislative body of a district to appoint one of its members as an alternate to participate in the selection committee in the presiding officer's place. The act authorizes the executive officer of the selection committee, if he or she determines that a meeting for the purpose of selecting the special district representatives or for filling a vacancy is not feasible, to conduct the business of the committee in writing, as specified. This bill would recast those provisions and, in addition, would provide that a majority of the independent special district selection committee may determine to conduct the committee's business by mail, including holding all elections by mailed ballot, as specified. This bill would also authorize a local agency formation commission, until January 1, 2019, to review and comment upon the extension of services into previously unserved territory within unincorporated areas, and the creation of new service providers to extend urban type development into previously unserved territory within unincorporated areas. The act requires a local agency or school district that initiates proceedings for a change of local government organization or reorganization by submitting a resolution of application for a change of organization or reorganization to also submit a plan for providing services within the effected territory, as specified. This bill would instead require, if a proposal for a change of organization or reorganization is submitted, that the applicant submit a plan for providing services within the effected territory. The act specifies the factors that a local agency formation commission is required to consider in the review of a proposal for a change of organization or reorganization, including, among other things, a regional transportation plan, as specified, and its consistency with city or county general and specific plans. This bill instead would require the local agency formation commission to consider, in the review of a proposal for a change of organization or reorganization, the consistency of the entire proposal for a change of organization or reorganization with city or county general and specific plans. By increasing the duties of a local agency formation commission, this bill would impose a state-mandated local program. The act authorizes a change of organization or reorganization to provide for, or to be made subject to, one or more terms and conditions specified in the commission's resolution making determinations, in which case, the terms and conditions imposed constitute the exclusive terms and conditions for the change of organization or reorganization, notwithstanding other specified general provisions of law. This bill instead would provide, that if a change or reorganization is made subject to terms and conditions, those terms and conditions shall prevail in the event of a conflict with other specified general provisions of law. The act defines a landowner-voter district and prescribes certain voting thresholds for landowner-voter districts for elections associated with proposals initiated by a local agency formation commission. This bill would make nonsubstantive, technical changes to these provisions. 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.
Who sponsors AB 2762?
AB 2762 is sponsored by Committee on Local Government.
What is the current status of AB 2762?
This bill has been enacted into law. Introduced March 24, 2014. Enacted.
Where can I track AB 2762?
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