Bill Text: CA SB211 | 2009-2010 | Regular Session | Amended

California Senate Bill 211 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Elections: special elections.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2010-09-27 - Chaptered by Secretary of State. Chapter 306, Statutes of 2010. [SB211 Detail]

Download: California-2009-SB211-Amended.html
BILL NUMBER: SB 211	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 24, 2010
	AMENDED IN ASSEMBLY  SEPTEMBER 4, 2009
	AMENDED IN ASSEMBLY  JULY 1, 2009
	AMENDED IN ASSEMBLY  JUNE 8, 2009
	AMENDED IN SENATE  APRIL 14, 2009
	AMENDED IN SENATE  MARCH 26, 2009

INTRODUCED BY   Senator Simitian
    (   Principal coauthor: 
 Assembly Member   Monning 
 ) 
    (   Coauthor:  
Assembly Member   Caballero   )


                        FEBRUARY 23, 2009

   An act to amend  Section 5514 of, and to add Section
5506.14 to, the Public Resources Code, relating to parks and
recreation.   Sections 3311, 10730, 10731, 10733, and
10734 of, and to add Section   10735 to, the Elections Code,
relating to elections. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 211, as amended, Simitian.  Park district formation:
County of Santa Cruz.   Elections: special elections.
 
   Existing federal law requires a special election for the office of
Representative in Congress whenever the Speaker of the House of
Representatives announces that more than 100 vacancies exist in the
United States House of Representatives. Existing federal law requires
the special election to take place within 49 days of the Speaker
announcing the vacancy, unless a special or regular election to fill
the vacancy is previously scheduled and will take place within 75
days of the Speaker's announcement. Existing federal law requires
state elections officials, to the extent practicable, to transmit
absentee ballots for the special election to uniformed services
voters and overseas voters within 15 days of the Speaker's
announcement. Those ballots must be returned to the appropriate
elections official within 45 days of transmittal of the ballots by
the elections official in order to be counted.  
   Existing California law requires the Governor to issue a
proclamation calling a special election for the office of
Representative in Congress within 7 calendar days of a catastrophe,
which is defined as an event that causes the vacancy of at least 1/4
of the total number of offices in the United States House of
Representatives, including any number of the offices representing
California, or at least 1/4 of the total number of offices
representing California. Existing California law requires that the
special election occur at least 56 days, but not more than 63 days,
following the issuance of the Governor's proclamation. Existing law
requires the ballots of uniformed services and overseas voters to be
returned to the appropriate elections official by 8 p.m. on the day
of a federal election in order to be counted.  
   This bill would conform California law to federal law. The bill
would require the Governor to call a special election for the office
of Representative in Congress whenever vacancies exist in the United
States House of Representatives totaling at least 101 in number, at
least one of which represents California. The bill would require that
the special election take place not later than 49 days after the
announcement of the vacancy by the Speaker of the House of
Representatives or the Governor calling the special election. This
bill would require that the ballots of uniformed services and
overseas voters for the special election be returned to the
appropriate elections officials within 45 days of the transmittal of
the ballots by the elections officials in order to be counted. 

   Because the bill would require a higher level of service from
local elections officials, it 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.  
   Existing law generally authorizes the formation of a district by a
petition requesting the creation and maintenance of a district,
describing the exterior boundaries, signed by at least 5,000 electors
residing within the territory proposed to be included in the
district, and presented to the board of supervisors of the county
containing the largest area within the proposed district. 

   Existing law also authorizes proceedings for the formation of a
regional park district, regional park and open-space district, or
regional open-space district in specified counties of the state to be
initiated by resolution of the county board of supervisors adopted
after a noticed hearing, and specifies the contents of the
resolution, in lieu of the petition and related proceedings required
under the above provisions.  
   This bill, in addition, would authorize the formation of a
district in the County of Santa Cruz, except as specified, if the
exterior boundaries of the proposed district are coterminous with the
exterior boundaries of the county and are initiated by a specified
resolution of the county board of supervisors, after a hearing
noticed in accordance with specified procedures, in lieu of the
petition and related proceedings required under the above provisions.
 
   This bill would require the district to establish a citizen
advisory committee composed of 9 members representing specified
interests, communities, and geographic areas to provide broad-based
citizen input into the operation of the district. The bill would
require the committee to provide advice and recommendations on
specified matters. The district board of directors would be required
to respond, in writing, to approved committee recommendations on
matters related to expenditure plans and acquisition programs. The
bill would subject the acquisition, by the board of directors, of
property within the City of Watsonville's 25-year urban growth area
boundary to the approval of the city council of that city. 

   The bill would also require the resolution to call and give notice
of an election to be held in the proposed district and would
authorize the county counsel to prepare the ballot label for that
election. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 3311 of the  
Elections Code   is amended to read: 
   3311.   All   Except as provided in Section
10735, all  vote by mail ballots cast pursuant to this chapter
shall be received by the county elections official not later than 8
p.m. on the day of a federal election.
   SEC. 2.    Section 10730 of the   Elections
Code   is amended to read: 
   10730.  (a) This chapter provides the procedures for nomination
and election of candidates at a special election to fill vacancies in
the House of Representatives caused by a catastrophe.
   (b) The procedures provided by Chapter 1 (commencing with Section
10700) shall apply to special elections to the extent those
provisions are not inconsistent with this chapter  or Section 8
of Title 2 of the United States Code  .
   SEC. 3.    Section 10731 of the   Elections
Code   is amended to read: 
   10731.  For purposes of this chapter  , the following terms
have the following meanings  :
   (a) "Catastrophe" means a natural or man-made event that causes a
vacancy in at least  one-fourth   101  of
the  total number of  offices of the United States
House of Representatives, including  any number 
 at least one  of  the  offices representing
California, or at least one-fourth of the total number of offices
representing California.
   (b) "Vacancy" means the death or disappearance, as a result of a
catastrophe, of a Representative in Congress.
   (c) "Disappearance" means the inability to establish conclusively
whether a Representative in Congress has survived a catastrophe.
   SEC. 4.    Section 10733 of the   Elections
Code   is amended to read: 
   10733.   (a)    In the event of a catastrophe, a
special election to fill a vacancy in the office of Representative
in Congress shall be conducted on a Tuesday  at least 56
days, but  not more than  63   49 
days  ,  following  the announcement of the
vacancy by the Speaker of the United States House of  
Representatives pursuant to subsection (b) of Section 8 of Title 2 of
the United States Code. If the Speaker of the United States House of
Representatives does not announce the vacancy, the special election
shall occur on a Tuesday not more than 49 days following  the
issuance of an election proclamation by the Governor  ,
except that any special election may be conducted within 90 days
following the proclamation in order that the   pursuant
to Section 10732 of this code. 
    (b)     The  special election may be
consolidated with the next regularly scheduled statewide election or
local election occurring wholly or partially within the same
territory in which the vacancy exists, provided that the voters
eligible to vote in the local election comprise at least 50 percent
of all the voters eligible to vote on the vacancy  and that the
election occurs within the time set forth in subdivision (a)  .
   SEC. 5.    Section 10734 of the   Elections
Code   is amended to read: 
   10734.  (a)  No   A  special primary
election shall  not  be held  for a special general
election conducted pursuant to this chapter  . Candidates at the
special general election shall be nominated in the manner set forth
in Chapter 1 (commencing with Section 8000) of Part 1 of Division 8,
except that nomination papers shall not be circulated more than 46
days before the special general election, shall be left with the
county elections official for examination not less than 32 days
before the special general election, and shall be filed with the
Secretary of State not less than 28 days before the special general
election.
   (b) Notwithstanding Section 3001, applications for vote by mail
voter ballots may be submitted not more than  28 
 30  days before the special general election  ,
except that Section 3001 shall apply if the special general election
is consolidated with a statewide election  . Applications
received by the elections official prior to the  28th
  30th  day shall not be returned to the sender,
but shall be held by the elections official and processed by him or
her following the  28th   30th  day prior
to the election in the same manner as if received at that time.
   SEC. 6.    Section 10735 is added to the  
Elections Code   , to read:  
   10735.  A vote by mail ballot cast pursuant to Chapter 4
(commencing with Section 3300) of Division 3 in a special general
election conducted pursuant to this chapter shall be received by the
county elections official not later than 45 days after the date on
which the elections official transmitted the ballot to the voter.

   SEC. 7.    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.  
  SECTION 1.    The Legislature finds and declares
all of the following:
   (a) A countywide special district is needed to strengthen water
and land conservation throughout Santa Cruz County by:
   (1) Protecting natural lands, wildlife habitats, and water quality
and supply.
   (2) Conserving private, working lands, including farm, ranch, and
timber land.
   (3) Stewarding protected lands, and developing and maintaining
trails.
   (4) Creating, enhancing, and maintaining neighborhood parks.
   (5) Providing grants to local agencies and organizations to
support local responses to climate change, water quality and supply
improvement projects, environmental education, and agricultural
awareness.
   (b) The establishment of an independent, special district is
therefore needed to address conservation challenges faced by Santa
Cruz County communities and residents.  
  SEC. 2.    The Legislature further finds and
declares all of the following:
   (a) In May 1998, a broad-based group of residents, representing
agricultural, business, environmental, and government
representatives, began a planning process for Pajaro Valley and
formed a nonprofit group in 1999 to develop a collaborative planning
process for the valley.
   (b) The group developed a growth management strategy incorporating
land use policies for the Pajaro Valley as an ecological region,
including the City of Watsonville and the Green Valley area in Santa
Cruz County, and the town of Pajaro in Monterey County, that balances
economic interests, environmental resources, and socioeconomic needs
for a 25-year period.
   (c) The growth management strategy was endorsed by several
environmental, business, labor, and government interests, including
the City Council of the City of Watsonville and the Santa Cruz County
Board of Supervisors.
   (d) City of Watsonville residents approved Measure U, known as the
Orderly Growth and Agricultural Protection Initiative, at the
November 5, 2002, general election. That measure preserves Pajaro
Valley farmland, creates an urban limit line that the City of
Watsonville can grow into over the next 25 years, and provides an
opportunity for new housing and new jobs within that urban limit line
while protecting the local environment.
   (e) Measure U, which establishes a 25-year urban growth boundary
closely coterminous with that of the city, was approved in 2002 by
the voters of the City of Watsonville in order to protect the
environment and provide open-space opportunities in Santa Cruz
County. To be consistent with the unique circumstances in the Pajaro
Valley and goals of Measure U, any acquisition of property within the
25-year urban growth boundary by an open-space district created
pursuant to this act is subject to approval by the City Council of
the City of Watsonville.  
  SEC. 3.    Section 5506.14 is added to the Public
Resources Code, to read:
   5506.14.  (a) If the exterior boundaries of a proposed district
are coterminous with the exterior boundaries of the County of Santa
Cruz, except for territory within the boundaries of the Midpeninsula
Regional Open Space District on the effective date of this act,
proceedings for formation of a district in the County of Santa Cruz
may be initiated by resolution of the county board of supervisors,
adopted after a hearing noticed in accordance with Section 6064 of
the Government Code, in lieu of the petition and related proceedings
specified in this article.
   (b) The resolution shall do all of the following:
   (1) Name the proposed district and state the reasons for forming
it.
   (2) Describe the methods by which the district will be financed.
   (3) Specify that the proposed district shall be governed by a
board of seven directors who shall be elected in accordance with this
article.
   (4) Specify that the proposed district shall not have, and may not
exercise, the power of eminent domain pursuant to Section 5542, or
any other provision of law unless requested by the owner of the land.

   (5) Call and give notice of an election to be held in the proposed
district pursuant to subdivision (b) of Section 5514. Formation of
the district is not subject to the Cortese-Knox-Hertzberg Local
Government Reorganization Act of 2000 (Division 3 (commencing with
Section 56000) of Title 5 of the Government Code).
   (6) Include any other matters necessary to the formation of the
district.
   (c) Notwithstanding Section 5518, the county counsel of the County
of Santa Cruz may prepare the language in the ballot label for the
election to be held pursuant to paragraph (5) of subdivision (b).
   (d) (1) The district formed pursuant to this section shall
establish a citizen advisory committee to provide broad-based citizen
input into the operation of the district, and advice and
recommendations on certain policy and program questions and issues,
including expenditure plans and acquisition programs. The committee
shall render advice and make recommendations to the board of
directors on those matters.
   (2) (A) The committee is composed of nine members, and, except as
provided in clauses (i) and (ii), shall be appointed by the board of
directors as follows:
   (i)  One supervisor appointed by the board of supervisors of the
county, or his or her designee.
   (ii) One city council member representing each city in the county
appointed by the city council of the city represented, or his or her
designee.
   (iii) One member representing the district's agricultural
interests.
   (iv) One member representing the district's environmental
community.
   (v) One member representing the district's real estate interests.
   (vi) One member representing the district's business community.
   (B) Prior to the appointment of committee members specified in
clauses (iii) to (vi), inclusive, of subparagraph (A), the board of
directors shall solicit from the community three or more nominations
for each of those positions, except that at least three of the
nominations for the position specified in clause (iii) of
subparagraph (A) shall be made by the county farm bureau consistent
with any procedures that may be established by the board of
directors.
   (C) Two of the committee member appointments specified in clauses
(iii) to (vi), inclusive, of subparagraph (A), shall be residents of
southern Santa Cruz County, as described in Section 201 of the Pajaro
Valley Water Management Agency Act (Chapter 257 of the Statutes of
1984) except for the property within Monterey County, and two of the
committee member appointments shall be residents of northern Santa
Cruz County, which is the area of Santa Cruz County outside the area
described in Section 201 of the Pajaro Valley Water Management Agency
Act (Chapter 257 of the Statutes of 1984).
   (3) (A) The board of directors shall respond, in writing, to
approved committee recommendations on matters relating to expenditure
plans and acquisition programs.
   (B) Before acting upon a proposed action relating to expenditure
plans and acquisition programs, the board of directors shall consider
recommendations from the committee and shall have responded to the
committee recommendations pursuant to subparagraph (A).
   (4) The board of directors shall adopt rules of procedure for the
committee and establish responsibilities for the committee and its
members.
   (5) The committee shall conduct its meetings in accordance with
the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of
Division 2 of Title 5 of the Government Code).
   (6) Members of the committee shall submit to the district a
statement of economic interest that meets the requirements of
disclosure, under Article 2 (commencing with Section 87200) of
Chapter 7 of Title 9 of the Government Code.
   (7) A quorum shall consist of seven members of the committee, and
an action shall not be taken without the concurrence of at least a
majority of the total committee membership.
   (e) (1) Acquisition by the district of property within the 25-year
urban growth area boundary established by Measure U, known as the
Orderly Growth and Agricultural Protection Initiative, as approved by
the voters in the November 5, 2002, general election, is subject to
approval by the City Council of the City of Watsonville.
   (2) Not later than 60 days after receiving a notification of
intent by the board of directors for the district to acquire
specified property within the urban growth area boundary, the city
council shall determine whether to approve the acquisition of that
property by the district. If a written determination is not made by
the city council within 60 days of receiving notification by the
board of directors, and the notification includes a statement that it
is a notification of intent by the board of directors to acquire
property within the urban growth boundary, the acquisition shall be
deemed approved by the city council.  
  SEC. 4.    Section 5514 of the Public Resources
Code is amended to read:
   5514.  (a) The board of supervisors of the county having the
largest area within the proposed district shall, if the petition,
after the hearing, has been approved, in whole or in part, have
jurisdiction to proceed further with the calling of an election
within the boundaries of the proposed district as described in the
resolution passed at the conclusion of the hearing, and shall, either
as a part of the same resolution or by a later resolution, call an
election within the proposed district for the purpose of determining
whether the district shall be created and established and, if
necessary, for the purpose of electing the first board of directors
therefor in case the district is created.
   (b) In a district proposed to be formed pursuant to Section
5506.5, 5506.11, 5506.12, or 5506.14, the resolution calling the
election may provide for a single ballot measure or separate ballot
measures on the question of formation, establishment of an
appropriations limit authorized by Section 4 of Article XIII B of the
California Constitution, the authority to tax pursuant to Section
5566, and the authority to sell bonds pursuant to Section 5568, or
any combination of those questions.