Bill Text: CA AB798 | 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 agreement: public agencies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-07-15 - Chaptered by Secretary of State - Chapter 85, Statutes of 2011. [AB798 Detail]

Download: California-2011-AB798-Introduced.html

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BILL NUMBER: AB 798	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 17, 2011

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 798, as introduced, 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 the Smith River Rancheria Tribal
Council may 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 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 shall
be deemed to be a public agency for purposes of this chapter. 
   (b) On and after January 1, 2004, the joint powers 
authority   authorities  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  
authorities  or one or more of its public agency members, and
the revenue streams pledged to repay the bonds derive from the
 authority   authorities  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.