Dave Cortese
- Democratic
- Senator
- District 15
Author
Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, provides the exclusive authority and procedure for the initiation, conduct, and completion of changes of organization and reorganization for cities and districts, except as specified. The act continues in existence in each county a local agency formation commission (LAFCO) that consists of members appointed, as specified, and oversees those changes of organization and reorganization. The act authorizes a LAFCO to, among other things, review and approve with or without amendment, wholly, partially, or conditionally, or disapprove proposals for changes of organization or reorganization, as specified. This bill would authorize a LAFCO to require, as a condition for, among other things, processing a change of organization or reorganization, that the applicant agrees to defend, indemnify, and hold harmless the LAFCO, its agents, officers, and employees from and against any claim, action, or proceeding, as specified, to attack, set aside, void, or annul an approval by the LAFCO. The bill would require the LAFCO to promptly notify the applicant of any claim, action, or proceeding to attack, set aside, void, or annul an approval by the LAFCO and require the LAFCO to fully cooperate in the defense. The bill would specify that an applicant who is a party to the agreement is not responsible to defend, indemnify, or hold harmless the LAFCO if the LAFCO fails to notify the applicant or cooperate fully in the defense, and is not required to pay or perform any settlement relating to the agreement, unless the applicant approves the settlement. The bill would specify that nothing in its provisions are to be construed to prohibit the LAFCO from participating in the defense of any claim, action, or proceeding to attack, set aside, void, or annul an approval by the commission if specified conditions are met, including that the LAFCO bears its own attorney's fees and costs of the claim, action, or proceeding.
Chaptered by Secretary of State. Chapter 886, Statutes of 2024.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Assembly amendments concurred in. (Ayes 40. Noes 0. Page 5415.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 60. Noes 0. Page 6442.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 9. Noes 0.) (June 19).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 39. Noes 0. Page 4095.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 6. Noes 0. Page 3380.) (March 20).
Set for hearing March 20.
From printer. May be acted upon on or after March 17.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1209 | HTML |
| 02/15/24 - Introduced | |
| 06/11/24 - Amended Assembly | |
| 08/28/24 - Enrolled | |
| 09/28/24 - Chaptered |
| Document | Format |
|---|---|
| 03/15/24- Senate Local Government | |
| 03/27/24- Sen. Floor Analyses | |
| 06/18/24- Assembly Local Government | |
| 06/25/24- ASSEMBLY FLOOR ANALYSIS | |
| 08/23/24- Sen. Floor Analyses |
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