Local government: omnibus bill.
Summary
(1) Existing law authorizes a public agency to accept payment for designated obligations by credit card, debit card, or electronic funds transfer, subject to approval by the governing body of the agency or other appropriate entity, as specified. This bill would authorize, subject to the approval of the county board of supervisors, a county to accept a payment of a donation, gift, bequest, or devise made to or in favor of a county, or to or in favor of the board of supervisors of a county, by credit card, debit card, or electronic funds transfer. (2) The California Constitution requires that whenever the Legislature or any state agency mandates a new program or higher level of service on any local government, the state provide a subvention of funds to reimburse that local government for the costs of the program or increased level of service, except as specified. Existing law requires the Controller to submit an annual report to various committees of the Legislature on the mandate program that contains specified information, including a comparison of the estimated annual cost of each mandate in the preceding fiscal year to the amount determined to be payable by the state for that fiscal year. This bill would delete the requirement that the report contain a comparison of the estimated annual cost of each mandate in the preceding fiscal year to the amount determined to be payable by the state for that fiscal year. (3) Existing law requires the recorder of each county to establish a social security number truncation program in order to create a public record version of each official record so that the public record is in an electronic format and is an exact copy of the official record except that any social security number contained in the official record shall be truncated by redacting the first 5 digits of that number. Existing law requires that when a public record version of an official record exists, and upon request of any person to inspect, for a copy of, or to otherwise publicly disclose that record, the recorder shall make available only the public record version of that record, and publicly disclose the official record only in response to a subpoena or court order. Existing law authorizes the recorder of a county to record military discharge documents, including a veteran service form DD214, subject to certain requirements. This bill would, notwithstanding those provisions, authorize a county recorder to provide a copy of a DD214 official record when requested by a specified type of person and upon certification by that person that a full social security number is required to receive benefits and he or she is authorized to receive a copy as specified in that subdivision. (4) Existing law, the County Budget Act, specifies the procedures a county is required to follow when adopting an annual budget. This bill would amend the County Budget Act by defining the terms "fiscal year" and "obligated fund balance," and would redefine the classifications for fund balances. This bill would also allow intangible assets to be reported as capital assets. This bill would also make conforming changes throughout. (5) The Shasta County Regional Library Facilities and Services Act establishes the Shasta County Regional Library Facilities and Services Commission, and authorizes the commission to, among other things, issue bonds, levy a special tax pursuant to the Mello-Roos Community Facilities Act of 1982, levy a special tax pursuant to Section 4 of Article XIII A of the Constitution, levy a retail transactions and use tax, and levy service charges and fines, as specified. This bill would repeal this act. (6) Existing law provides that money in the treasury of a local agency or in the custody of a local agency officer that is unclaimed for 3 years is the property of the local agency after newspaper publication of notice if no verified complaint is filed and served. The legislative body of the local agency may transfer that unclaimed money from a special fund to the general fund. Existing law provides that with respect to unclaimed items in the amount of $1,000 or less, the legislative body of any county may authorize by resolution the county treasurer to perform on its behalf the claiming and transfer of unclaimed money, as described. This bill would increase the maximum amount from $1,000 to $5,000. (7) Existing law authorizes the legislative body of a local agency that has a sinking fund or money in its treasury that is not required for immediate needs to invest in specified investments, including, among other things, negotiable certificates of deposit issued by a state-licensed branch of a foreign bank. This bill would authorize these specified legislative bodies of a local agency to invest in negotiable certificates of deposit issued by a federally licensed branch of a foreign bank. (8) Existing law requires specified community services districts that had a board of directors that consisted of 3 members to increase the number of members on the board to 5 after January 1, 2006, as specified. This bill would repeal these provisions. (9) Existing law requires a city or county planning commission, which is authorized by local ordinance or resolution to review and recommend action on a proposed general plan or proposed amendments to the general plan, to hold at least one public hearing before approving a recommendation on the adoption or amendment of a general plan. Existing law requires that notice of the hearing be given in a prescribed manner. This bill would correct erroneous statutory cross-references pertaining to the notice. (10) The Subdivision Map Act provides that a conveyance of land to, among other entities, a governmental agency, including a fee interest, easement, or license, is not considered a division of land for purposes of computing the number of parcels, and provides that a parcel map is not required except under specified conditions. This bill would provide that a conveyance of land to or from a governmental agency, as specified, is not considered a division of land for purposes of computing the number of parcels. (11) The Subdivision Map Act provides that a parcel map is not required for, among other things, land conveyed to or from a governmental agency, public entity, or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. This bill would specify that these conveyances of land are not considered a division of land for purposes of computing the number of parcels. (12) The Subdivision Map Act provides that an approved or conditionally approved tentative map expires 24 months after its approval or conditional approval, or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except that if the subdivider is required to expend $178,000 or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, each filing of a final map extends the expiration of the approved or conditionally approved tentative map by 36 months from the dates of its expiration, as specified. Existing law, commencing January 1, 2005, annually increases the amount the subdivider is required to expend according to the adjustment for inflation set forth in the statewide cost index for class B construction, as specified. This bill would require the subdivider to expend $236,790 or more to receive the extension of the expiration of the approved or conditionally approved tentative map, and would, commencing January 1, 2012, increase that amount annually according to the adjustment for inflation set forth in the statewide cost index for class B construction, as specified. (13) The Subdivision Map Act authorizes the Board of Supervisors of the County of Orange and the city council or councils of any city or cities in that county to impose a fee as a condition of approval of a final map or as a condition of issuing a building permit for purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons, or constructing major thoroughfares. This bill would correct erroneous statutory cross-references in those provisions. (14) The County Sanitation District Act prohibits employees of a county sanitation district from engaging in inconsistent or conflicting activities, as specified. This bill would correct an incorrect cross-reference in these provisions. (15) The Community Redevelopment Law authorizes the establishment of redevelopment agencies in communities in order to address the effects of blight, as defined, in those communities. Existing law finds and declares that blighted areas include housing areas constructed as temporary government-owned wartime housing projects that meet the definition of blight. This bill would repeal the provision relating to housing areas constructed as temporary government-owned wartime housing projects. (16) The Community Redevelopment Law contains provisions authorizing the establishment of a redevelopment project area located within the boundaries of a military base that has been closed pursuant to the actions of the federal Defense Base Closure and Realignment Commission. This bill would renumber a provision relating to the base closures and conversions contained in the Community Redevelopment Law and correct an outdated statutory cross-reference. (17) Existing law requires the owner or operator of an airport to pay all applicable recording fees for the filing of a notice of termination of an avigation easement, as specified. This bill would make a clarifying change to this provision. (18) Existing law sets forth the procedures under which changes or additions may be made in the work being performed under local construction contracts, county highway contracts, local contracts for works of improvement, and drainage district construction contracts. Under these provisions, for contracts whose original cost is $250,000 or less, changes to the contract may be made in specified amounts. Under these provisions, for contracts whose original cost exceeds $250,000, the extra cost for any change or addition to the work so ordered may not exceed $25,000 plus 5% of the amount of the original contract cost in excess of $250,000, and in no event may any such change or alteration exceed $150,000. This bill would specify that, for contracts of $250,000 or less, an additional cost may be approved for a change or addition to the work for a contract, as specified. The bill would, for contracts that have a cost that exceeds $250,000, increase the maximum permitted amount for a change or alteration of the contract cost from $150,000 to $210,000. (19) Existing law authorizes the City of South Lake Tahoe or the City of Huntington Beach to select, for purposes of making certain annual reports to the Controller on financial transactions and on street and road spending, on a one-time basis, a fiscal year that does not end on June 30. This bill would, for purposes of these reports, also authorize the City of El Segundo, the City of Inglewood, or the City of Long Beach to select a fiscal year that does not end on June 30. This bill would make legislative findings and declarations as to the necessity of a special statute for these cities. (20) Existing law authorizes the board of supervisors of a county with a population of 1,000,000 or more persons, to impose specified special taxes, including parking taxes, vehicle license fees, and property taxes. This bill would repeal these provisions. (21) The Landscaping and Lighting Act of 1972 authorizes specified local agencies to finance specified improvements. Improvements include, among other things, for purposes of the act, the acquisition or construction of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or other group events, activities, or functions, whether those events, activities, or functions are public or private. This bill would also include within the definition of improvements the maintenance and servicing, or both of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or other group events, activities, or functions, whether those events, activities, or functions are public or private. (22) Existing law, the Parking and Business Improvement Area Law of 1989, authorizes local governmental entities to levy assessments on businesses located and operating in a parking and business improvement area. Existing law requires specified proceedings to establish or modify a parking and business improvement area, including the adoption of a resolution, with prescribed elements, by the governing body and a public hearing. This bill would make technical, nonsubstantive changes to the provisions that establish the elements to be included in the resolution of the governing body. (23) Existing law requires the legislative body of a local agency, prior to adopting any new or increased general tax or any new or increased assessment, to conduct at least one public meeting in addition to the noticed public hearing at which the legislative body proposed to enact or increase the general tax or assessment. Existing law requires the legislative body to provide at least 45 days' joint public notice of both the public meeting and the public hearing, and requires the joint notice, with respect to a new or increased assessment on real property, to be accomplished through a mailing, as specified. Existing law also requires the legislative body to include in the notice the estimated amount of the assessment per parcel of land. This bill would require the legislative body to provide the joint notice of the public meeting and public hearing for proposed new or increased assessment on real property or businesses through a mailing, as specified. The bill would also require the notice to include, in the case of an assessment proposed to be levied on businesses, the proposed method and basis of levying the assessment in sufficient detail to allow each business owner to calculate the amount of the assessment to be levied against each business. (24) The Property and Business Improvement District Law of 1994 defines city, for purposes of that act, to mean a city, county, city and county, and a joint powers agency, the public member agencies of which include only cities, counties, or a city and county. This bill would include the state within the member agencies of the joint powers agency for purposes of the definition of city. (25) The Property and Business Improvement District Law of 1994 defines property owner, for purposes of that act, to mean any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. This bill would also define business owner, for purposes of the act, to mean any person recognized by the city as the owner of a business, and owner, for purposes of the act, to mean either a business owner or a property owner. The bill would also provide, wherever a signature of a business owner is required pursuant to the act, the signature of the authorized agent of the business owner is sufficient. The bill would also make conforming changes and other technical, nonsubstantive changes within the act. (26) The Property and Business Improvement District Law of 1994 requires, prior to the establishment of a property and business improvement district pursuant to the act, the proponents of the district to submit to the city council a management district plan. The management district plan is required to include, among other things, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. The bill would also require the management district plan to include, if an assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries, and if the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2011
Committee Review
Aug 2011
Senate Passage
May 2011
Assembly Passage
Aug 2011
Signed into Law
Sep 2011
Introduced Feb 8, 2011
Signed Sep 30, 2011
Floor votes · Senate Aug 30, 2011 · Assembly Aug 25, 2011
How they voted
33–0
Passed · 2 other
Total votes 35
Aug 30, 2011
D
Democratic23
100% Yea
R
Republican12
83% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
23
Key actions
6
Committee
6
Amendments
1
Sep 30, 2011
Signed into law
Approved by the Governor.
legislature
Aug 30, 2011
Senate · Passed
Senate Vote: pass (33-0-2)
senate
Aug 30, 2011
Upper · Passed
Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2153.) Ordered to engrossing and enrolling.
upper
Aug 25, 2011
Assembly · Passed
Assembly Vote: pass (71-0-1)
assembly
Aug 25, 2011
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 18, 2011
Lower · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 17).
lower
Jun 30, 2011
Committee
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 29). Re-referred to Com. on APPR.
lower
May 16, 2011
Committee
Referred to Com. on L. GOV.
lower
Apr 27, 2011
Upper · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 9. Noes 0. Page 761.) (April 27).
upper
Feb 17, 2011
Committee
Referred to Com. on GOV. & F.
upper
Feb 8, 2011
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
0 primary · 0 co-sponsors
Sponsors
No sponsor information available.
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