Bill Text: CA AB307 | 2011-2012 | Regular Session | Introduced

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

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Bill Title: Joint powers agreements: public agency: federally

Spectrum: Bipartisan Bill

Status: (Passed) 2011-09-06 - Chaptered by Secretary of State - Chapter 266, Statutes of 2011. [AB307 Detail]

Download: California-2011-AB307-Introduced.html

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BILL NUMBER: AB 307	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nestande

                        FEBRUARY 9, 2011

   An act to amend Section 6500 of, to add Section 6529.5 to, and to
repeal Sections 6529 and 6530 of, the Government Code, relating to
joint powers agreements.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 307, as introduced, Nestande. Joint powers agreements: public
agency: federally recognized Indian tribe.
   Existing law authorizes 2 or more public agencies, as defined, to
enter into an agreement to exercise common powers. Existing law also
permits certain federally recognized Indian tribes to enter into
joint powers agreements with particular parties and for limited
purposes.
   This bill would include a federally recognized Indian tribe as a
public agency that may enter into a joint powers agreement. This bill
would also make conforming changes by repealing now redundant code
sections.
   This bill would also prohibit any joint powers authority that
includes a federally recognized Indian tribe from authorizing or
issuing bonds pursuant to the Marks-Roos Local Bond Pooling Act of
1985 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.
   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 6500 of the Government Code is amended to read:

   6500.  As used in this article, "public agency" includes, but is
not limited to, the federal government or any federal department or
agency, this state, another state or any state department or agency,
a county, county board of education, county superintendent of
schools, city, public corporation, public district, regional
transportation commission of this state or another state,  a
federally recognized Indian tribe,  or any joint powers
authority formed pursuant to this article by any of these agencies.
  SEC. 2.  Section 6529 of the Government Code is repealed. 
   6529.  (a) 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.
   (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)) 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. 3.  Section 6529.5 is added to the Government Code, to read:
   6529.5.  Any joint powers authority that includes a federally
recognized Indian tribe shall not have the authority to authorize or
issue bonds pursuant to the Marks-Roos Local Bond Pooling Act of 1985
(Article 4 (commencing with Section 6584)) 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. 4.  Section 6530 of the Government Code is repealed. 
   6530.  (a) Notwithstanding any other provision of law, the Torres
Martinez Desert Cahuilla Indians are authorized to enter into a joint
powers agreement to participate in the Salton Sea Authority.
   (b) On and after January 1, 2002, the Salton Sea Authority 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)) 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.