Bill Text: CA SB1266 | 2015-2016 | Regular Session | Chaptered

California Senate Bill 1266 (Prior Session Legislation)

Bill Title: Joint Exercise of Powers Act: agreements: filings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-08-22 - Chaptered by Secretary of State. Chapter 173, Statutes of 2016. [SB1266 Detail]

Download: California-2015-SB1266-Chaptered.html

BILL NUMBER: SB 1266	CHAPTERED
	BILL TEXT

	CHAPTER  173
	FILED WITH SECRETARY OF STATE  AUGUST 22, 2016
	APPROVED BY GOVERNOR  AUGUST 22, 2016
	PASSED THE SENATE  MAY 9, 2016
	PASSED THE ASSEMBLY  AUGUST 4, 2016
	AMENDED IN SENATE  APRIL 12, 2016
	AMENDED IN SENATE  MARCH 28, 2016

INTRODUCED BY   Senator McGuire

                        FEBRUARY 18, 2016

   An act to amend Section 6503.6 of, and to add Section 6503.8 to,
the Government Code, relating to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1266, McGuire. Joint Exercise of Powers Act: agreements:
filings.
   The Joint Exercise of Powers Act generally authorizes 2 or more
public agencies, by agreement, to jointly exercise any common power,
which is generally termed a joint powers agreement. When a joint
powers agreement provides for the creation of an agency or entity,
separate from the parties to the agreement and responsible for its
administration, existing law requires that agency or entity to cause
a notice of the agreement or amendment to be prepared and filed, as
specified, with the Secretary of State. Existing law requires an
agency or entity that files a notice of agreement or amendment with
the Secretary of State to also file a copy of the original joint
powers agreement, and any amendment to the agreement, with the
Controller.
   This bill would require an agency or entity required to file
documents with the Controller, as described above, that meets the
definition of a joint powers authority or joint powers agency, as
specified, that was formed for the purpose of providing municipal
services and that includes a local agency member, as specified, to
also file a copy of the agreement or amendment to the agreement with
the local agency formation commission in each county within which all
or any part of a local agency member's territory is located within
30 days after the effective date of the agreement or amendment to the
agreement. The bill would also require an agency or entity that
meets the definition of a joint powers authority or joint powers
agency, as specified, that was formed for the purpose of providing
municipal services prior to the effective date of this act and that
includes a local agency member, as specified, to file a copy of the
agreement and any amendments to the agreement with the local agency
formation commission in each county within which all or any part of a
local agency member's territory is located no later than July 1,
2017. This bill would prohibit an agency or entity administering an
agreement or amendment that has failed to make the required filings
within the specified timeframes from issuing bonds or incurring any
indebtedness until those filings have been made.
   By requiring specified joint powers agencies to file certain
documents with a local agency formation commission, this 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.


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

  SECTION 1.  Section 6503.6 of the Government Code is amended to
read:
   6503.6.  (a) When an agency or entity files a notice of agreement
or amendment to the agreement with the office of the Secretary of
State pursuant to Section 6503.5, the agency or entity shall file a
copy of the full text of the original joint powers agreement, and any
amendment to the agreement, with the Controller. An agency or entity
that meets the definition of a joint powers authority or joint
powers agency under Section 56047.7 that was formed for the purpose
of providing municipal services and that includes a local agency
member that is a city, district, or county shall, within 30 days
after the effective date of the agreement or amendment to the
agreement, file a copy of the agreement or amendment to the agreement
with the local agency formation commission in each county within
which all or any part of a local agency member's territory is
located.
   (b) Notwithstanding any other provision of this chapter, any
agency or entity administering a joint powers agreement or amendment
to such an agreement, which agreement or amendment becomes effective
on or after the effective date of this section, which fails to file
the notice with a local agency formation commission required by this
section within 30 days after the effective date of the agreement or
amendment shall not thereafter, and until those filings are
completed, issue any bonds or incur indebtedness of any kind.
  SEC. 2.  Section 6503.8 is added to the Government Code, to read:
   6503.8.  (a) No later than July 1, 2017, an agency or entity that
meets the definition of a joint powers authority or joint powers
agency under Section 56047.7 that was formed for the purpose of
providing municipal services prior to the effective date of this
section, and that includes a local agency member that is a city,
district, or county, shall cause a copy of the agreement and any
amendments to the agreement to be filed with the local agency
formation commission in each county within which all or any part of a
local agency member's territory is located.
   (b) Notwithstanding any other provision of this chapter, any
agency or entity administering a joint powers agreement or amendment
to such an agreement, which fails to file the notice with a local
agency formation commission required by this section on or before
July 1, 2017, shall not thereafter, and until those filings are
completed, issue any bonds or incur indebtedness of any kind.
  SEC. 3.  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.