Bill Text: CA AB2166 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Joint powers agreement: public agencies.

Spectrum: Bipartisan Bill

Status: (Vetoed) 2010-09-23 - Vetoed by Governor. [AB2166 Detail]

Download: California-2009-AB2166-Amended.html

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BILL NUMBER: AB 2166	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 2, 2010

INTRODUCED BY   Assembly Member Chesbro
    (   Coauthor:   Senator  
Hollingsworth   ) 

                        FEBRUARY 18, 2010

   An act to amend Section 6529 of the Government Code, relating to
joint exercise of powers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2166, as amended, Chesbro. Joint powers agreement: public
agencies.
   Existing law authorizes the Elk Valley Rancheria Tribal Council,
as the governing body of the Elk Valley Rancheria, California, a
federally recognized Indian tribe, to enter into a joint powers
agreement with the County of Del Norte and the City of Crescent City,
or both, and deems that joint powers agency to be a public agency
for this purpose. Existing law also prohibits the joint powers
authority from authorizing or issuing bonds pursuant to the
Marks-Roos Local Bond Pooling Act of 1985, unless the funded public
improvements will be owned and maintained by the authority or one or
more public agency members and the revenue streams pledged to repay
the bonds derived from the authority or one or more of its public
agency members.
   This bill would  provide that   authorize
 the Smith River Rancheria Tribal Council, as the governing body
of the Smith River Rancheria, California, a federally recognized
Indian tribe,  may   to  enter into a joint
powers agreement  with the County of Del Norte, the City of
Crescent City, or both, and is a public agency for purposes of the
law relating to joint powers agencies, and   to
participate in the Border  Coast Regional Airport Authority,
and  would extend the prohibition against issuing bonds for
public improvements except under specified circumstances to this
authority.
   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.  Section 6529 of the Government Code is amended to read:

   6529.  (a) (1) The Elk Valley Rancheria Tribal Council, as the
governing body of the Elk Valley Rancheria, California, a federally
recognized Indian tribe, may enter into a joint powers agreement with
the County of Del Norte and the City of Crescent City, or both, and
shall be deemed to be a public agency for purposes of this chapter.
   (2) The Smith River Rancheria Tribal Council, as the governing
body of the Smith River Rancheria, California, a federally recognized
Indian tribe, may enter into a joint powers agreement  with
the County of Del Norte and the City of Crescent City, or both, and
  to participate in the Border Coast Regional Airport
Authority, and, for that purpose,  shall be deemed to be a
public agency for purposes of this chapter.
   (b) On and after January 1, 2004, the joint powers authority
created pursuant to subdivision (a) shall not have the power to
authorize or issue bonds pursuant to the Marks-Roos Local Bond
Pooling Act of 1985 (Article 4 (commencing with Section 6584) of
Chapter 5 of Division 7) unless the public improvements to be funded
by the bonds will be owned and maintained by the authority or one or
more of its public agency members, and the revenue streams pledged to
repay the bonds derive from the authority or one or more of its
public agency members.
  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances affecting the Smith River
Rancheria Tribal Council.