56700-56711
GOVERNMENT CODE
SECTION 56700-56711
56700. (a) A proposal for a change of organization or a
reorganization may be made by petition. The petition shall do all of
the following:
(1) State that the proposal is made pursuant to this part.
(2) State the nature of the proposal and list all proposed changes
of organization.
(3) Set forth a description of the boundaries of affected
territory accompanied by a map showing the boundaries.
(4) Set forth any proposed terms and conditions.
(5) State the reason or reasons for the proposal.
(6) State whether the petition is signed by registered voters or
owners of land.
(7) Designate up to three persons as chief petitioners, setting
forth their names and mailing addresses.
(8) Request that proceedings be taken for the proposal pursuant to
this part.
(9) State whether the proposal is consistent with the sphere of
influence of any affected city or affected district.
(b) A petition for a proposal for a change of organization or a
reorganization that includes the consolidation of two or more special
districts not formed pursuant to the same principal act, in addition
to the requirements set forth in subdivision (a), shall do either of
the following:
(1) Designate the district that shall be the successor and specify
under which principal act the successor shall conduct itself.
(2) State that the proposal requires the formation of a new
district and includes a plan for services prepared pursuant to
Section 56653.
56700.1. Expenditures for political purposes related to a proposal
for a change of organization or reorganization that will be submitted
to a commission pursuant to this part, and contributions in support
of or in opposition to those proposals, shall be disclosed and
reported pursuant to Section 56100.1.
56700.4. (a) Before circulating any petition for change of
organization, the proponent shall file with the executive officer a
notice of intention that shall include the name and mailing address
of the proponent and a written statement, not to exceed 500 words in
length, setting forth the reasons for the proposal. The notice shall
be signed by a representative of the proponent, and shall be in
substantially the following form:
Notice of Intent to Circulate Petition
Notice is hereby given of the intention to circulate a petition
proposing to ____.
The reasons for the proposal are:
(b) After the filing required pursuant to subdivision (a), the
petition may be circulated for signatures.
(c) Upon receiving the notice, the executive officer shall notify
affected local agencies.
(d) The notice requirements of this section shall apply in
addition to any other applicable notice requirements.
56703. A petition may consist of a single instrument or separate
counterparts. All petitions shall be filed with the executive
officer. All counterparts of a petition or of any supplemental
petition, shall be filed at the same time.
56704. (a) Each person signing a petition shall, at the time he or
she signs the petition, affix after his or her signature the date
upon which he or she signs the petition.
(b) If a petition is signed by registered voters, each person
signing the petition shall, in addition to his or her signature,
affix the date upon which he or she signs the petition and indicate
on the petition his or her place of residence, giving street and
number or other designation sufficient to enable the place of
residence to be readily ascertained.
(c) If a petition is signed by owners of land, each person signing
the petition shall, in addition to the signature and the date on
which he or she signs the petition, include a written description
sufficient to identify the location of the land owned by each person
signing the petition.
56705. (a) Except as otherwise provided in subdivision (b), no
petition shall be accepted for filing unless the signatures on the
petition are secured within six months of the date on which the first
signature on the petition was affixed and the petition is submitted
to the executive officer for filing within 60 days after the last
signature is affixed. If the elapsed time between the date on which
the last signature is affixed and the date on which the petition is
submitted for filing is more than 60 days, the executive officer
shall file the petition in accordance with Section 56709.
(b) (1) Notwithstanding subdivision (a), in cities with a
population of more than 100,000 residents that are located in a
county with a population of over 4,000,000, no petition shall be
accepted for filing unless the signatures thereon have been secured
within 90 days of the publication of the notice required pursuant to
Section 56760 and the petition is submitted to the executive officer
for filing within 60 days after the last signature is affixed. If the
elapsed time between the date on which the last signature is affixed
and the date on which the petition is submitted for filing is more
than 60 days, the executive officer shall file the petition in
accordance with Section 56709.
(2) This subdivision shall not apply to a petition for a special
reorganization, as defined in Section 56075.5. Subdivision (a) shall
apply to a special reorganization, as defined in Section 56075.5,
regardless of the number of residents in the city or county in which
signatures have been secured on the petition. This paragraph is
declaratory of existing law.
56706. (a) Within 30 days, excluding Saturdays, Sundays, and
holidays, after the date of receiving a petition, the executive
officer shall cause the petition to be examined by, in the case of a
registered voter petition, the county elections official, in
accordance with Sections 9113 to 9115, inclusive, of the Elections
Code, or in the case of a landowner petition, the county assessor,
and shall prepare a certificate of sufficiency indicating whether the
petition is signed by the requisite number of signers.
(b) (1) Except as provided in paragraph (2), if the certificate of
the executive officer shows the petition to be insufficient, the
executive officer shall immediately give notice by certified mail of
the insufficiency to the proponents, if any. That mailed notice shall
state in what amount the petition is insufficient. Within 15 days
after the date of the notice of insufficiency, a supplemental
petition bearing additional signatures may be filed with the
executive officer.
(2) Notwithstanding paragraph (1), the proponents of the petition
may, at their option, collect signatures for an additional 15 days
immediately following the statutory period allowed for collecting
signatures without waiting for notice of insufficiency. Any proponent
choosing to exercise this option may not file a supplemental
petition as provided in paragraph (1).
(c) Within 10 days after the date of filing a supplemental
petition, the executive officer shall examine the supplemental
petition and certify in writing the results of his or her
examination.
(d) A certificate of sufficiency shall be signed by the executive
officer and dated. That certificate shall also state the minimum
signature requirements for a sufficient petition and show the results
of the executive officer's examination. The executive officer shall
mail a copy of the certificate of sufficiency to the proponents, if
any.
56707. If a petition is signed by registered voters, the executive
officer shall cause the names of the signers on the petition to be
compared with the voters' register in the office of the county clerk
or registrar of voters and ascertain both of the following:
(a) The number of registered voters in the affected territory.
(b) The number of qualified signers appearing upon the petition.
56708. If a petition is signed by owners of land, the executive
officer shall cause the names of the signers on the petition to be
compared with the names of the persons shown as owners of land on the
most recent assessment roll being prepared by the county at the time
the proponent adopts a resolution of application pursuant to Section
56654 or files a notice of intention to circulate a petition with
the executive officer pursuant to subdivision (a) of Section 56700.4
and ascertain, to the extent possible, both of the following:
(a) The total number of landowners within the territory and the
total assessed valuation of all land within the affected territory.
(b) The total number of landowners represented by qualified
signers and the total assessed valuation of land owned by qualified
signers.
56709. If the petition, including any supplemental petition, is
certified to be insufficient, it shall be filed with the executive
officer as a public record, without prejudice to the filing of a new
petition. The executive officer shall give mailed notice to the chief
petitioners, if any, stating that the petition has been found to be
insufficient.
56710. For purposes of evaluating the sufficiency of any petition
signed by owners of land:
(a) The assessed value to be given land exempt from taxation or
owned by a public agency shall be determined by the county assessor,
at the request of the executive officer, in the same amount as the
county assessor would assess that land, if the land were not exempt
from taxation or owned by a public agency.
(b) The value given land held in joint tenancy or tenancy in
common shall be determined in proportion to the proportionate
interest of the petitioner in that land.
(c) The executive officer shall disregard the signature of any
person not shown as owner on the most recent assessment roll being
prepared by the county at the time the proponent adopts a resolution
of application pursuant to Section 56654 or files a notice of
intention to circulate a petition with the executive officer pursuant
to subdivision (a) of Section 56700.4, unless prior to certification
the executive officer is furnished with written evidence,
satisfactory to the executive officer, that the signer meets any of
the following requirements:
(1) Is a legal representative of the owner.
(2) Is entitled to be shown as owner of land on the next
assessment roll.
(3) Is a purchaser of land under a recorded written agreement of
sale.
(4) Is authorized to sign for, and on behalf of, any public agency
owning land.
56711. Any public or federal agency owning land within the
territory which is the subject of the proposed change of organization
or reorganization shall be deemed a landowner for the purpose of the
signing and certification of a petition for the change of
organization or reorganization. That agency may authorize the
petition to be signed for the agency, and on behalf of the agency, by
any duly authorized officer or employee.