Bill Text: CA AB408 | 2013-2014 | Regular Session | Introduced

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

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Bill Title: Municipal utility districts: elections.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-08-16 - Chaptered by Secretary of State - Chapter 108, Statutes of 2013. [AB408 Detail]

Download: California-2013-AB408-Introduced.html

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BILL NUMBER: AB 408	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bonta

                        FEBRUARY 15, 2013

   An act to add Section 11852.5 to the Public Utilities Code,
relating to municipal utility districts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 408, as introduced, Bonta. Municipal utility districts:
elections.
   The Municipal Utility District Act governs the formation and
governance of a municipal utility district. The act requires
specified districts to increase the number of directors on the
district board from 5 to 7, as provided.
   This bill would require a county elections official to submit a
certificate of facts to the district board relating to any filings of
declared candidacy for a particular ward and inform the board that
it may adopt a specified course of action, including appointing a
person to the office or holding the election, as provided, if by 5
p.m. on the 83rd day prior to the day fixed for an election no one or
only one person has filed a declaration of candidacy. By requiring
county election officials to perform new duties, the bill would
impose a state-mandated local program.
    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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11852.5 is added to the Public Utilities Code,
to read:
   11852.5.  (a) Notwithstanding any other provision of law, if, in a
district subject to this article, by 5 p.m. on the 83rd day prior to
the day fixed for the general election, no one or only one person
has filed a declaration of candidacy for a particular ward, the
county elections official shall submit a certificate of these facts
to the district board and inform the board that it may, at a regular
or special meeting held on or before the 76th day prior to the
election, adopt one of the following courses of action:
   (1) If only one person has filed a declaration of candidacy for a
ward, appoint that person to the office.
   (2) If no one has filed a declaration of candidacy for a ward,
appoint a person to the office who would be qualified on the date the
election would have been held.
   (3) If either no one or only one person has filed a declaration of
candidacy for a ward, hold the election.
   (b) If the board makes an appointment pursuant to subdivision (a),
the elections official shall not accept for filing any statement of
write-in candidacy that is submitted after the appointment is made.
The person appointed, if any, shall qualify and take office and serve
exactly as if elected at an election for the office.
   (c) If by the 76th day prior to the day fixed for the election,
the district board has not appointed the sole candidate to the office
pursuant to paragraph (1) of subdivision (a) or has not adopted a
process to appoint, or appointed, a qualified person to the office
pursuant to paragraph (2) of subdivision (a), the election shall be
held.
   (d) A district board may adopt a process to appoint a qualified
person to the office pursuant to paragraph (2) of subdivision (a).
   (e) This section shall apply to all elections held in any district
subject to this article that takes place on or after January 1,
2014.
  SEC. 2.   If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.