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

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-Amended.html

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BILL NUMBER: AB 307	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 31, 2011
	AMENDED IN ASSEMBLY  MARCH 29, 2011

INTRODUCED BY   Assembly Member Nestande
   (Coauthors: Assembly Members Chesbro, Gordon, and Gorell)

                        FEBRUARY 9, 2011

   An act to amend Sections 6500 and 65101.1 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 amended, 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 conforming related 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  , or any governmental or
public fund or account, as defined, the   proceeds of which
may be used for that purpose  . 
   This bill would state that this bill does not affect, modify, or
repeal any existing joint powers authority formed prior to this bill,
including a joint powers authority that includes a federally
recognized Indian tribe as a party or cooperating agency. This bill
would state that this bill continues any authority granted by any
prior law for a federally recognized Indian tribe to enter into a
joint powers agreement. 
   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.
  SEC. 3.  Section 6529.5 is added to the Government Code, to read:
   6529.5.   (a)    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   authority, 
one or more of its public agency members  , or any governmental
or public fund or account the proceeds of which may be used for that
purpose  . 
   (b) As used in this section, "governmental or public fund or
account" includes, but is not limited to, any fund or account that is
funded by moneys or revenue streams derived from, held by, belonging
to, due to, or otherwise held for the benefit of, one or more public
agency members, but shall not include any fund or account that is
funded by any grants distributed pursuant to Chapter 7.5 (commencing
with Section 12710) of Part 2 of Division 3 of Title 2. 
  SEC. 4.  Section 6530 of the Government Code is repealed.
  SEC. 5.  Section 65101.1 of the Government Code is amended to read:

   65101.1.  The Hoopa Valley Business Council, as the governing body
of the Hoopa Valley Indian Tribe, may participate as a legislative
body, pursuant to subdivision (b) of Section 65101 on the Humboldt
County Association of Governments and shall be deemed to be a public
agency, pursuant to Section 6500, for purposes of Article 1
(commencing with Section 6500) of Chapter 5 of Division 7 of Title 1.
The Legislature finds and declares that the unique circumstances of
Humboldt County necessitate this special law.
   SEC. 6.    Nothing in this act shall be construed to
affect, modify, or repeal any existing joint powers authority formed
prior to the effective date of this act, including a joint powers
authority that includes a federally recognized Indian tribe as a
party or cooperating agency. This act continues any authority granted
by any prior law for a federally recognized Indian tribe to enter
into a joint powers agreement.