Amended in Assembly March 24, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 386


Introduced by Assembly Member Dahle

(Coauthor: Senator Gaines)

February 18, 2015


An act to add Section 20527.14 to the Water Code, relating to water.

LEGISLATIVE COUNSEL’S DIGEST

AB 386, as amended, Dahle. Tulelake Irrigation District.

The Irrigation District Law provides for the formation of irrigation districts with prescribed powers. The district law generally requires a director on the board of an irrigation district to be a voter, landowner, and resident in the division of the district that the director represents.

This bill would provide thatbegin insert,end insert for the Tulelake Irrigation Districtbegin insert,end insert every owner of real property assessed by thebegin delete district and located within its boundaries,end deletebegin insert district,end insert but no others, is authorized to vote at district elections forbegin delete directors.end deletebegin insert director, as prescribed.end insert The bill would provide that a director of the Tulelake Irrigation Districtbegin insert, at the time of his or her nomination or appointment and through his or her entire term,end insert is required to be a registered voter inbegin delete the stateend deletebegin insert Californiaend insert, reside within thebegin delete territory of theend delete districtbegin insert or within 10 miles of the exterior boundaries of the district and within Californiaend insert, and be a landownerbegin insert, or a specified legal representative of a landowner,end insert within the division he or shebegin delete represents at the time of his or her nomination or appointment and through his or her entire term.end deletebegin insert represents.end insert By imposing requirements on the districtbegin delete and the countyend delete in connection with district elections, this bill 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 20527.14 is added to the Water Code, to
2read:

3

20527.14.  

(a) This section only applies to the Tulelake
4Irrigation District. For the purposes of this section, the following
5terms have the following meanings:

begin delete

6(1) “Assessed farm unit” means each acre assessed by the
7district.

end delete
begin delete

8(2)

end delete

9begin insert(1)end insert “Corporation”begin delete includes partnerships, limited liability
10companies, public agencies, as well as other legal entitiesend delete
begin insert means
11any legal entity, public, or private,end insert
properly organized under the
12laws of the state in whichbegin delete they were createdend deletebegin insert it was created,end insert that
13begin delete areend deletebegin insert isend insert allowed to own real propertybegin insert in Californiaend insert.

begin delete

14(3)

end delete

15begin insert(2)end insert “District” means the Tulelake Irrigation Districtbegin insert, originally
16formed as Tule Lake Irrigation Districtend insert
.

begin delete

17(4) “Legal representative” means an official of a corporation
18owning real property or a guardian, conservator, executor, or
19administrator of the estate or the holder of title to real property
20who is appointed under the laws of the state, entitled to the
21possession of the estate’s property, and authorized by the
22appointing court to exercise the particular right, privilege, or
23immunity that he or she seeks to exercise.

end delete
begin insert

24(3) “Legal representative” means a person authorized to act
25for or on behalf of a corporation, estate, or trust holding title to
26land within the district.

end insert
begin insert

27(4) “Residency area” means both of the following:

end insert
begin insert

28(A) Land within the exterior boundaries of the district.

end insert
begin insert

P3    1(B) Land within 10 miles of the exterior boundaries of the
2district and within California.

end insert

3(b) Notwithstanding Section 20527 or any other law, every
4owner of real property assessed by thebegin delete district and located within
5its boundaries,end delete
begin insert district,end insert but no others, may vote at district elections
6for begin deletedirectors.end deletebegin insert director.end insert An owner need not be a resident of the
7begin insert division orend insert district in order to qualify as a voter.begin delete Aend deletebegin insert The number of
8votes aend insert
voter shall be entitled to castbegin delete one vote, which will be
9assigned a vote valueend delete
begin insert shall beend insert based upon thebegin delete acreage of the voter’s
10assessed farm unitend delete
begin insert total number of assessed acres owned by the
11voter in the divisionend insert
as follows:

12(1) Forbegin delete 10end deletebegin insert 50end insert or fewer assessedbegin delete farm units, the vote value is oneend delete
13begin insert acres, one voteend insert.

14(2) For more thanbegin delete 10 and 25 or fewer assessed farm units, the
15vote value is twoend delete
begin insert 50, but not more than 250 assessed acres, two
16votesend insert
.

17(3) For more thanbegin delete 25 and 40 or fewerend deletebegin insert 250end insert assessedbegin delete farm units,
18the vote value is threeend delete
begin insert acres, three votesend insert.

begin delete

19(4) For more than 40 and 70 or fewer assessed farm units, the
20vote value is four.

end delete
begin delete

21(5) For more than 70 and 100 or fewer assessed farm units, the
22vote value is five.

end delete
begin delete

23(6) For more than 100 assessed farm units, the vote value is six.

end delete

24(c) The lastbegin delete equalized assessment roll prepared by the districtend delete
25begin insert Tulelake Irrigation District Assessment Rollend insert is conclusive evidence
26of ownership andbegin delete ofend delete the number ofbegin delete farm units owned.end deletebegin insert assessed
27acres owned by the voter in the division.end insert

28(d) (1) If land is owned in joint tenancy, tenancy in common,
29or any other multiple ownership, the owners of the land shall
30designate, in writing as specified in paragraph (2), which one of
31the owners is deemed the owner of the land for purposes of
32qualifying as a voter.

33(2) The designation shall be made upon a form provided by the
34district and shall be filed with the district at least 40 days prior to
35the election and shall remain in effect until amended or revoked.
36No amendment or revocation may occur within the period of 39
37days prior to an election.

38(e) The legal representative of a corporation, estate, or trust
39owning real property may vote on behalf of the corporation or
40estate, including when the entity is a designee pursuant to
P4    1subdivision (d). Before a legal representative votes at a district
2election, he or she shall present to thebegin delete precinct boardend deletebegin insert districtend insert a
3copy of his or her authority that shall be kept and filed with the
4returns of the election.

5(f) Every voter, or his or her legal representative, may vote at
6any district election either in person or by a person appointed as
7his or her proxy. The appointment of a proxy shall be as provided
8in Section 35005.

9(g) Notwithstanding Section 21100 or any other law, each
10director of the districtbegin delete shall beend deletebegin insert shall, at the time of his or her
11nomination or appointment and through his or her entire term,
12meet all of the following requirements:end insert

13begin insert(1)end insertbegin insertend insertbegin insertBeend insert a registered voter inbegin delete the state, resideend deletebegin insert California.end insert

14begin insert(2)end insertbegin insertend insertbegin insertResideend insert within thebegin delete territory of the district, and beend deletebegin insert residency
15area.end insert

16begin insert(3)end insertbegin insertend insertbegin insertBeend insert a landowner within the division he or she representsbegin delete at
17the time of his or her nomination or appointment and through his
18or her entire term.end delete
begin insert or a legal representative of a landowner within
19the division he or she represents.end insert

20

SEC. 2.  

If the Commission on State Mandates determines that
21this act contains costs mandated by the state, reimbursement to
22local agencies and school districts for those costs shall be made
23pursuant to Part 7 (commencing with Section 17500) of Division
244 of Title 2 of the Government Code.



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