SB 1180

Bill Subjects

Abstract

Existing law, the Community Services District Law, specifies the procedures for district formation and the selection of district governing board members. That law also requires a person to be a voter of the district in order to serve on its board of directors. Existing law, the Uniform District Election Law, provides for landowner voting districts, in which each voter is required to be an owner of land located within the district. Existing law also provides for resident voting districts, which are districts other than landowner voting districts. Under existing law, the Fallen Leaf Lake Community Services District is a resident voting district. This bill would require the El Dorado County elections official, with the assistance of the Fallen Leaf Lake Community Services District, to conduct district elections pursuant to the Uniform District Election Law, except as otherwise provided in the bill. The bill, notwithstanding existing law, would provide that voters who are resident registered voters of the district, and voters who are not residents but either own a real property interest in the district or have been designated by the owner of a real property interest to cast the vote for that property, may vote in a district election in the Fallen Leaf Lake Community Services District, as specified. The bill would require the designations of voters and authority of legal representatives to be filed with the El Dorado County elections official and the secretary of the Fallen Leaf Lake Community Services District and maintained with the list of qualified voters of the district. The bill also would authorize a voter who is not a resident of the district but owns a real property interest in the district to designate only one voter to vote on their behalf, regardless of the number of parcels in the district owned by the nonresident voter. The bill would prohibit a parcel from simultaneously having a designated voter and a resident voter or voters, as specified. The bill would require the El Dorado County elections official, with the assistance of the secretary of the Fallen Leaf Lake Community Services District, to notify each parcel owner regarding the right to designate a person to cast a vote at district elections, as provided. The bill would require the secretary to deliver to the El Dorado County elections official, and update, a preliminary list of eligible voters, as specified. By mandating a higher level of service on local government, this bill would impose a state-mandated local program. The bill would provide that a person qualified to vote pursuant to these provisions is qualified to be a candidate for, and serve on, the Fallen Leaf Lake Community Services District Board of Directors. The bill would require the election of the Fallen Leaf Lake Community Services District Board of Directors to be held on the last Tuesday of August of odd-numbered years, unless the El Dorado County elections official determines the public interest is best served by holding the election on a different date. Existing law provides penalties for prohibited acts relating to statewide and local elections. This bill would subject violations of its provisions relating to voting and elections to those penal provisions. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. Existing law, the Community Services District Law, generally provides for the formation of community service districts that have specified general powers, including, among others, the power to adopt ordinances or enter into and perform contracts, in order to provide specified services authorized under that law. This bill would prohibit the Fallen Leaf Lake Community Services District from providing any services or facilities except fire protection and medical services, including emergency response and services, as well as parks and recreation services and facilities. This bill would make legislative findings and declarations as to the necessity of a special statute for the Fallen Leaf Lake Community Services District. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.