SB 974 — Local government: omnibus.

Summary

(1) The Professional Land Surveyors' Act, among other things, requires a county recorder to store and index records of survey, and to maintain both original maps and a printed set for public reference. That act specifically requires the county recorder to securely fasten a filed record of survey into a suitable book. This bill would also authorize a county recorder to store records of survey in any other manner that will ensure the maps are kept together. (2) Existing law prohibits a public entity from demanding a fee or compensation for, among other things, a certified copy of specified military records, and of public records to be used in a claim related to veterans' benefits, as specified. Existing law provides that a certified copy of these records may be made available only to the person who is the subject of the record, a family member or legal representative of that person, a county office that provides veterans' benefits services, or a federal official upon written request. This bill would provide that a certified copy of these records may also be made available to a state or city office that provides veterans' benefits services upon written request of that office. By expanding the duty of local officials to provide copies of military records, this bill would impose a state-mandated local program. (3) Existing law authorizes the Secretary of State to appoint and commission notaries public, as provided. Existing law requires every person appointed a notary public, no later than 30 days after the beginning of the term prescribed in the commission, to file an official bond and an oath of office in the office of the county clerk of the county within which the person maintains a principal place of business. This bill would require a person taking the oath of office before the county clerk to serve as a notary public to present identification documents meeting certain requirements specified in statute as satisfactory evidence of identity. Existing law requires specified communications between the Secretary of State and notaries public to be made by certified mail. Existing law also specifies that, wherever any notice or communication required by laws to be mailed by registered mail to or by the state, the mailing of the notice by certified mail is deemed a sufficient compliance with that requirement. This bill would authorize the use of any other means of physical delivery that provides a receipt for these communications. (4) Existing law requires the State Board of Equalization to, among other things, prescribe rules and regulations to govern local boards of equalization and to prepare and issue instructions to assessors designed to promote uniformity throughout the state, as provided. Existing law requires that these duties, rules, regulations, and instructions include provisions for mobilehomes which are subject to local property taxation. This bill would additionally require that these duties, rules, regulations, and instructions include provisions for floating homes which are subject to local property taxation. (5) Existing law requires the officer of a local agency who has charge of financial records to furnish the Controller with a report of all the financial transactions of the local agency during the preceding fiscal year, as provided. Existing law requires the report to be furnished within 7 months after the close of each fiscal year. Existing law designates the city clerk as the accounting officer of the city and requires him or her to maintain records reflecting the financial condition of the city. Existing law requires the city clerk to publish the report to the Controller once in a newspaper of general circulation, or cause copies of the statement to be posted in 3 public places designated by city ordinance if there is no newspaper of general circulation, within 120 days after the close of the fiscal year for which the report is compiled. This bill would instead require the city clerk to publish or post the report consistent with the timelines established in statute for furnishing the report to the Controller. (6) Existing law prohibits a city, including a charter city, county, or city and county, from enacting or enforcing any ordinance or regulation, other than certain reasonable restrictions, that prohibits the installation of drought tolerant landscaping, synthetic grass, or artificial turf on residential property, as specified. Existing law provides that this is an issue of statewide concern. This bill would authorize a city, including a charter city, county, or city and county, to impose reasonable restrictions on the installation or design of synthetic grass or artificial turf within the dripline of a tree protected by local ordinance. (7) Existing law authorizes the legislative body of a local agency having money in a sinking fund or money in its treasury not required for immediate needs to invest any portion of the money that it deems wise or expedient in specified securities and financial instruments. Existing law requires that certain of these instruments be rated at least "A" or "AA," as applicable, by a nationally recognized statistical rating organization (NRSRO) . This bill would specify that these instruments must be in a ratings category of at least "A" or "AA," as applicable, or its equivalent. (8) The Planning and Zoning Law and the Subdivision Map Act require local governments to hold public hearings regarding various land use actions contemplated by those governments. If public notice of the hearing is required, existing law requires that the notice be given in specified ways, including mailing at least 10 days before the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected, and to all owners of real property within 300 feet of the real property that is the subject of the hearing, as provided. Existing law requires that notice mailed to affected local agencies also be published in at least one newspaper of general circulation and posted in at least 3 public places, as provided. This bill would instead require publication and posting of the notice that is required to be sent to the owners of real property within 300 feet of the real property that is the subject of the hearing. By revising the duties of local government officials with respect to the mailing of specified notices of hearings on land use actions, this bill would impose a state-mandated local program. The Planning and Zoning Law also requires the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a safety element for the protection of the community from unreasonable risks associated with the effects of various geologic hazards, flooding, wildland and urban fires, and climate adaptation and resilience strategies. That law requires that the safety element be reviewed and updated, in the case of flooding and fire hazards, upon the next revision of the housing element after specified dates or, in the case of climate adaptation and resilience strategies, upon either the next revision of a local hazard mitigation plan after a specified date or on or before January 1, 2022, as applicable. That law also requires, after the initial revision of the safety element to address flooding, fires, and climate adaptation and resilience strategies, that for each subsequent revision the planning agency review and, if necessary, revise the safety element to identify new information that was not available during the previous revision of the safety element. This bill would instead require a planning agency to review and revise the safety element to identify new information, as described above, only to address flooding and fires. (9) The Fort Ord Reuse Authority Act establishes the Fort Ord Reuse Authority to prepare, adopt, finance, and implement a plan for the use and development of the territory previously occupied by the Fort Ord military base in Monterey County. The act requires the authority to be governed by a 13-member board, as specified, and authorizes a representative designated by the Member of Congress from the 17th Congressional District, a representative designated by the Senator from the 15th Senate District, and a representative designated by the Assembly Member from the 27th Assembly District to serve as ex officio nonvoting members of the board. This bill would instead authorize a representative designated by each of the Member of Congress, the Senator, and the Assembly Member that has the majority portion of Fort Ord in his or her district to serve as ex officio nonvoting members of the board. (10) Existing law authorizes specified local entities, including cities, counties, special districts, and other authorized public corporations, to collect fees, tolls, rates, rentals, or other charges for water, sanitation, storm drainage, or sewerage system services and facilities and to fix fees or charges for the privilege of connecting to its sanitation or sewerage facilities and improvements constructed by the entity, as provided. Under existing law, a local entity may collect these charges on the property tax roll at the same time and in the same manner as its general property taxes. Under existing law, an entity may undertake these actions by enactment of an ordinance approved by a 23 vote of the members of the legislative body of the entity. This bill would instead specify that the entity may undertake these actions by ordinance or resolution. (11) The Fire Protection District Law of 1987 establishes a procedure for the formation of fire protection districts, as specified. That law provides that a district may be formed by adoption of a resolution of application by the legislative body of any county or city which contains territory proposed to be included in the district. This bill would make a technical change to these provisions. (12) Existing law, until January 1, 2025, authorizes the Department of General Services, the Department of Corrections and Rehabilitation, and certain local agencies to use the design-build procurement process for specified public works. Existing law defines "best value" design-build procurement by local-agencies purposes to mean a value determined by evaluation of objective criteria that may include, but are not limited to, price, features, functions, life-cycle costs, experience, and past performance. This bill would modify that definition to have the objective criteria evaluation, instead relate to those specific criteria. (13) The Vehicle License Fee Law establishes, in lieu of any ad valorem property tax upon vehicles, an annual license fee for any vehicle subject to registration in this state. Under existing law, the Controller was, until July 1, 2011, required to allocate vehicle license fee revenues in the Motor Vehicle License Fee Account in a specified order to, among others, each city that was incorporated before August 5, 2004. Existing law required the Controller to allocate these revenues in accordance with a specified formula based on, among other factors, the actual population, as defined, of the city. In the case of a city that incorporated on or after January 1, 1987, and before August 5, 2004, existing law also requires the Controller to determine the population of the city as provided based on, among other factors, the actual population, as defined, of the city. This bill would make technical changes to these provisions. (14) Under existing law, if an amount due under the Personal Income Tax Law or the Corporation Tax Law, or any amount that the Franchise Tax Board may collect as though it were a tax, is not paid, the board may file in the Office of the County Clerk of Sacramento County, or any other county, a certificate containing specified information about the amount owed and the taxpayer. Existing law requires the county clerk to immediately enter a judgment against the taxpayer in the amount set forth in the certificate. This bill would instead require the Clerk of the Court to receive the certificate and enter the judgment. (15) Existing law appropriates moneys in the Highway Users Tax Account for specified transportation purposes and provides for apportionment by the Controller of certain moneys, including revenues derived from taxes imposed by the Use Fuel Tax Law on the use of fuel, to cities and counties. This bill would additionally specify that apportionment according to the above-described formula includes revenues derived from taxes imposed on the use of liquefied petroleum and natural gas pursuant to the Use Fuel Tax Law. (16) The Property and Business Improvement District Law of 1994 authorizes cities, counties, cities and counties, and certain joint powers authorities to establish, pursuant to specified procedures, a parking and business improvement district to impose benefit assessments or charges on businesses in the district to fund specified improvements and activities. That law defines "activities" to include services provided for the purpose of conferring special benefit upon assessed businesses and real property located in the district. This bill would instead define "activities" to include services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district. The Property and Business Improvement District Law of 1994 prohibits the use of revenue from the levy of assessments within a district to provide improvements, maintenance, or activities outside the district. This bill would allow the provision of certain improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses. The bill would limit the improvements and activities to be offered outside the district boundaries to marketing or signage pointing to the district. This bill would make various technical and conforming changes to the Property and Business Improvement District Law of 1994. (17) The Kern County Water Agency Act creates the Kern County Water Agency, consisting of all the territory lying within the exterior boundaries of the County of Kern, and specifies its powers. The act authorizes the board of directors of the agency to employ the county counsel as the attorney for the agency and the county surveyor to supervise the engineering work of the agency, as prescribed. The act requires all other officers of the county to perform the same duties for the agency as performed for the county. This bill would repeal these provisions relating to county employees. The act prohibits, unless previously approved by the county board of supervisors, the levying of a tax or assessment, or the creation of a zone of benefit. The act also prohibits, unless previously approved in the form of a budget by the county board of supervisors, an expenditure of funds. This bill would repeal these provisions requiring county board of supervisor approval. (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, 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.

Bill Text

• Chaptered 09/14/16 - Chaptered Current pdf September 14, 2016
• Enrolled 08/26/16 - Enrolled pdf August 26, 2016
• Amended 08/04/16 - Amended Assembly pdf August 04, 2016
• Amended 06/02/16 - Amended Assembly pdf June 02, 2016
• Amended 03/29/16 - Amended Senate pdf March 29, 2016
• Introduced 02/08/16 - Introduced pdf February 08, 2016
• SB974 View text html

Action History

1. September 14, 2016

   Chaptered by Secretary of State. Chapter 366, Statutes of 2016.

2. September 14, 2016

   Approved by the Governor.

3. August 30, 2016

   Enrolled and presented to the Governor at 1:30 p.m.

4. August 25, 2016

   Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5429.) Ordered to engrossing and enrolling.

5. August 23, 2016

   Ordered to special consent calendar.

6. August 19, 2016

   In Senate. Concurrence in Assembly amendments pending.

7. August 18, 2016

   Read third time. Passed. (Ayes 78. Noes 1. Page 5884.) Ordered to the Senate.

8. August 04, 2016

   Ordered to third reading.

9. August 04, 2016

   Read third time and amended.

10. August 01, 2016

    Ordered to third reading.

11. August 01, 2016

    From consent calendar on motion of Assembly Member Calderon.

12. June 30, 2016

    Read second time. Ordered to consent calendar.

13. June 29, 2016

    From committee: Do pass. Ordered to consent calendar. (Ayes 18. Noes 0.) (June 29).

14. June 15, 2016

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0.) (June 15). Re-referred to Com. on APPR.

15. June 02, 2016

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

16. May 02, 2016

    Referred to Com. on L. GOV.

17. April 21, 2016

    In Assembly. Read first time. Held at Desk.

18. April 21, 2016

    Read third time. Passed. (Ayes 39. Noes 0. Page 3631.) Ordered to the Assembly.

19. April 19, 2016

    Read second time. Ordered to consent calendar.

20. April 18, 2016

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

21. April 08, 2016

    Set for hearing April 18.

22. April 06, 2016

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 3420.) (April 6). Re-referred to Com. on APPR.

23. March 29, 2016

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

24. March 29, 2016

    Set for hearing April 6.

25. February 18, 2016

    Referred to Com. on GOV. & F.

26. February 09, 2016

    From printer. May be acted upon on or after March 10.

27. February 08, 2016

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

Sponsors

• Committee on Governance and Finance · Primary

Votes

Subjects