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

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

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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

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BILL NUMBER: SB 211	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 14, 2009
	AMENDED IN SENATE  MARCH 26, 2009

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

                        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.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 211, as amended, Simitian. Park district formation: County of
Santa Cruz.
   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.

   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 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 five directors who shall be elected in accordance with this
article and, notwithstanding Section 5515, specify that the
boundaries of the five wards or subdistricts shall be drawn according
to the boundaries of supervisorial districts. 
   (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, except if the property owner declares in
writing that the owner intends to use the provisions of Section 1033
of the Internal Revenue Code to acquire property similar or related
in service or use so as to be eligible for nonrecognition of gain for
income tax purposes.  
   (4) 
    (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). 
   (5) 
    (6)  Include any other matters necessary to the
formation of the district.
  SEC. 2.  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.