Bill Text: CA SB1461 | 2009-2010 | Regular Session | Amended

California Senate Bill 1461 (Prior Session Legislation)

Bill Title: Local government.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-05-05 - Set, first hearing. Failed passage in committee. (Ayes 2. Noes 3. Page 3445.) Reconsideration granted. [SB1461 Detail]

Download: California-2009-SB1461-Amended.html

BILL NUMBER: SB 1461	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 12, 2010

INTRODUCED BY   Senator Ashburn

                        FEBRUARY 19, 2010

   An act to  amend Section 56001 of   add
Section 53593.5 to  the Government Code, relating to local
government.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1461, as amended, Ashburn. Local government  :
reorganization  . 
   Existing law prohibits an investment firm, as defined, from having
specified interests in a new issuance of bonds from a local agency.
 
   This bill would prohibit a local agency from entering into a
financial advisory, legal advisory, underwriting, or similar
relationship with an individual or firm, with respect to a bond issue
that requires voter approval on or after January 1, 2011, if that
individual or firm, or an employee, agent, or person related to an
employee or agent of the individual or firm, provided or will provide
bond campaign services, as defined, to the bond campaign. 

   The Cortese-Knox-Hertzberg Local Government Reorganization Act of
2000 sets forth the Legislature's findings and declarations regarding
the use of local government reorganization.  
   This bill would make a technical, nonsubstantive change in that
law. 
   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 53593.5 is added to the 
 Government Code  , to read:  
   53593.5.  (a) A local agency is prohibited from entering into a
financial advisory, legal advisory, underwriting, or similar
relationship with an individual or firm, with respect to a bond issue
that requires voter approval on or after January 1, 2011, if that
individual or firm, or an employee, agent, or person related to an
employee or agent of the individual or firm, provided or will provide
bond campaign services to the bond campaign.
   (b) For purposes of this section, "related" includes, but is not
limited to, a family relationship by blood or marriage, a financial
relationship, an affiliation between business structures, or the
sharing of one or more common principals.
   (c) For purposes of this section, "bond campaign services"
includes fundraising, public opinion polling, election strategy and
management, organization of campaign volunteers, get out the vote
services, development of campaign literature, and advocacy materials.
"Bond campaign services" does not include advice and support related
to the preparation of tax rate statements and other documentation
required for inclusion in the voter pamphlet published by the
applicable county registrar of voters.  
  SECTION 1.    Section 56001 of the Government Code
is amended to read:
   56001.  The Legislature finds and declares that it is the policy
of the state to encourage orderly growth and development which are
essential to the social, fiscal, and economic well-being of the
state. The Legislature recognizes that the logical formation and
determination of local agency boundaries is an important factor in
promoting orderly development and in balancing that development with
sometimes competing state interests of discouraging urban sprawl,
preserving open-space and prime agricultural lands, and efficiently
extending government services. The Legislature also recognizes that
providing housing for persons and families of all incomes is an
important factor in promoting orderly development. Therefore, the
Legislature also finds and declares that this policy should be
effected by the logical formation and modification of the boundaries
of local agencies, with a preference granted to accommodating
additional growth within, or through the expansion of, the boundaries
of those local agencies which can best accommodate and provide
necessary governmental services and housing for persons and families
of all incomes in the most efficient manner feasible.
   The Legislature recognizes that urban population densities and
intensive residential, commercial, and industrial development
necessitate a broad spectrum and high level of community services and
controls. The Legislature also recognizes that when areas become
urbanized to the extent that they need the full range of community
services, priorities are required to be established regarding the
type and levels of services that the residents of an urban community
need and desire; that community service priorities be established by
weighing the total community service needs against the total
financial resources available for securing community services; and
that those community service priorities are required to reflect local
circumstances, conditions, and limited financial resources. The
Legislature finds and declares that a single multipurpose
governmental agency is accountable for community service needs and
financial resources and, therefore, may be the best mechanism for
establishing community service priorities especially in urban areas.
Nonetheless, the Legislature recognizes the critical role of many
limited purpose agencies, especially in rural communities. The
Legislature also finds that, whether governmental services are
proposed to be provided by a single-purpose agency, several agencies,
or a multipurpose agency, responsibility should be given to the
agency or agencies that can best provide government services.