SB858 - Local Government Omnibus Act of 2025.

Senate Bill No. 858 CHAPTER 242 An act to amend Sections 25103, 25105, 25121, 26802.5, 36932, 37396, 53601, 57002, 62463, and 62464 of the Government Code, to amend Section 21221 of, and to amend the heading of Article 89 (commencing with Section 21220) of Chapter 1.5 of Part 3 of Division 2 of, the Public Contract Code, and to amend Section 11865 of the Public Utilities Code, relating to local government. [ Approved by Governor October 01, 2025. Filed with Secretary of State October 01, 2025. ] LEGISLATIVE COUNSEL'S DIGEST SB 858, Committee on Local Government. Local Government Omnibus Act of 2025. (1) Existing law authorizes a county board of supervisors, by resolution, to authorize the use of a facsimile signature of the chairperson of the board on all papers, documents, or instruments requiring the signature of the chairperson, as provided, if certain requirements are met relating to the personal signature of the chairperson. Under existing law, if those requirements are met, the papers, documents, or instruments bearing the facsimile signature are accorded the same force and effect as though personally signed by the chairperson. This bill would remove the requirement for that authorization to occur by resolution of the board. The bill would authorize the board, in addition to authorizing a facsimile signature, to authorize the use of an electronic or digital signature of the chairperson on all papers, documents, or instruments requiring the signature of the chairperson. Under the bill, a document bearing the electronic or digital signature of the chairperson would have the same force and effect as if personally signed by the chairperson. Existing law also requires ordinances enacted by a county board of supervisors to be signed by the chairperson of the board and attested by the clerk. Existing law requires city ordinances passed by a city council to be signed by the mayor and attested by the city clerk. Existing law specifies that, when attesting to a digital signature, a county clerk or a city clerk may presume that the signature is genuine and attributable to the signatory if the digital signature complies with specified requirements. This bill would additionally apply the above-described presumption to electronic signatures, as provided. (2) Existing law authorizes a county board of supervisors to authorize the use of photographs, microphotographs, electronic data processing records, optical disks, or any other medium that is a trusted system and that does not permit additions, deletions, or changes to the original document, or photocopies of all records, books, and minutes of the board. Under existing law, if the documents are signed using a digital signature, the reproduced documents are considered authenticated if the reproduced documents are created by a trusted system, as defined in pertinent digital signature regulations. This bill would provide that if the documents are signed using an electronic or digital signature, the reproduced documents are considered authenticated if the reproduced documents are created by a trusted system, as defined in pertinent digital signature regulations, or in compliance with the Uniform Electronic Transactions Act. (3) Existing law authorizes a registrar of voters to be appointed by the board of supervisors in specified counties to discharge all duties vested by law in the county clerk that relate to and are a part of election procedure. This bill would include the Counties of Kern and Nevada among those counties in which the board of supervisors is authorized to appoint a registrar of voters. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Kern and Nevada. (4) Existing law regulates the investment of public funds by local agencies, as defined. Existing law authorizes the legislative body of a local agency, as specified, that has money in a sinking fund or in its treasury not required for immediate needs to invest the money as it deems wise or expedient in certain securities and financial instruments. In this regard, existing law authorizes investment in prime quality commercial paper issued by entities meeting certain criteria, if the eligible commercial paper has a maximum maturity of 270 days or less. This bill would revise the maximum maturity periods for the investments in prime quality commercial paper to 397 days. (5) Existing law, the Vallejo Flood and Wastewater District Act, provides for contracting by the Vallejo Flood and Wastewater District. Existing law requires the district, in all work of improvement or repair of any of the works or property of the district and in the furnishing of materials or supplies, when the expenditures exceed $4,000, to do the work by contract let to the lowest responsible bidder, after prescribed notice, as specified. This bill would specify that “furnishing of materials and supplies” referenced in the above-described provision is for work of improvement or repair of any of the works or property of the district. The bill would also make a nonsubstantive change with respect to the act. Existing law further authorizes the board of trustees of the district to declare a state of emergency and take prescribed actions. Existing law requires the board of trustees to comply with certain emergency contracting procedures, if, with regard to actions taken during the emergency, notice for bids to let contracts will not be given. This bill would delete the authorization for the board of trustees to declare a state of emergency and take prescribed actions and would delete the above-described requirement. (6) Existing law, the Municipal Utility District Act, governs the formation and governance of municipal utility districts. The act provides that the government of every district is vested in a board of 5 or 7 directors and specifies procedures for filling a vacancy on a board. Those procedures authorize the remaining board members to fill a vacancy by appointment until the next district general election that is scheduled 90 or more days after the effective date of the vacancy, as provided. This bill would require the person appointed to fill a vacancy to hold office until the person elected at the next district general election that is scheduled 90 or more days after the effective date of the vacancy has been qualified and takes office. (7) The bill would also correct various cross-references, as provided. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. (a) This act shall be known, and may be cited, as the Local Government Omnibus Act of 2025. (b) The Legislature finds and declares that Californians want their governments to be run efficiently and economically and that public officials should avoid waste and duplication whenever possible. The Legislature further finds and declares that it desires to control its own costs by reducing the number of separate bills. Therefore, it is the intent of the Legislature in enacting this act to combine several minor, noncontroversial statutory changes relating to the common theme, purpose, and subject of local government into a single measure. SEC. 2. Section 25103 of the Government Code is amended to read: 25103. (a) The records and minutes of the board, acting in any capacity, shall be signed by the chairperson and the clerk. The board may authorize the use of a facsimile or electronic or digital signature of the chairperson of the board acting in any capacity, where the board sits as the governing body, agency, or entity on all papers, documents, or instruments requiring the signature of the chairperson of the board, including all resolutions, orders, ordinances, contracts, minutes, notices, deeds, leases, papers, and records of the board except that, in the case of a facsimile signature, the original copy thereof, or the copy thereof filed in the office of the clerk of the board, shall bear the personal signature of the chairperson or shall have been delivered to the chairperson, and those papers, documents, or instruments bearing the facsimile signature shall be accorded the same force and effect as though personally signed by the chairperson. A certificate by the clerk that a copy of that document has been delivered to the chairperson of the board shall be prima facie evidence of the delivery. A document bearing the electronic or digital signature of the chairperson shall have the same force and effect as if personally signed by the chairperson. (b) If, in order to be recorded by the county recorder, the paper, document, or instrument requires the acknowledgement or verification of the person by whom it is executed, then it shall be recordable when the clerk acknowledges the person’s signature upon the certificate that indicates that a copy of the paper, document, or instrument has been delivered to the chairperson. (c) In the case of a public security or any instrument of payment, the Uniform Facsimile Signature of Public Officials Act (Chapter 6 (commencing with Section 5500) of Division 6 of Title 1) shall govern. (d) If the facsimile signature of the chairperson of the board of supervisors is affixed to any document prior to November 23, 1970, the document shall have the same force and effect from the time of affixing as if the facsimile signature had been affixed after that date. SEC. 3. Section 25105 of the Government Code is amended to read: 25105. The board of supervisors may authorize the use of photographs, microphotographs, electronic data processing records, optical disks, or any other medium that is a trusted system and that does not permit additions, deletions, or changes to the original document, or photocopies of all records, books, and minutes of the board. (a) Each photograph, microphotograph, or photocopy shall be made in a manner and on paper that will comply with Section 12168.7 for recording of permanent records or nonpermanent records, whichever applies. Every reproduction shall be deemed and considered an original. A transcript, exemplification, or certified copy of any reproduction shall be deemed and considered a transcript, exemplification, or certified copy, as the case may be, of the original. Each roll of microfilm shall be deemed and constitute a book and shall be designated and numbered, and provision shall be made for preserving, examining, and using it. A duplicate of each roll of microfilm shall be made and kept in a safe and separate place. (b) Electronic data processing records, records recorded on optical disk, and records recorded on any other medium shall comply with Section 12168.7. A duplicate copy of any record reproduced in compliance with Section 12168.7 for recording of permanent records or nonpermanent records, whichever applies, shall be deemed an original. (c) In the event the authorization provided herein is granted, the personal signatures required by Section 25103, if technically feasible, may be reproduced by the authorized process, and the reproduced signatures shall be deemed to satisfy the requirement of Section 25103. If the documents are signed using an electronic or digital signature, reproduced documents shall be considered authenticated if the reproduced documents are created by a trusted system, as defined in pertinent digital signature regulations, or in compliance with the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code). SEC. 4. Section 25121 of the Government Code is amended to read: 25121. (a) Every ordinance shall be signed by the chairperson of the board and attested by the clerk. When attesting to an electronic or digital signature, the clerk may presume that the signature is genuine and attributable to the signatory if the electronic or digital signature complies with the requirement set forth in subdivision (a) of Section 16.5. (b) The amendments made to this section by the act that added this subdivision shall not be construed to affect the validity of a clerk’s attestation to any other digital or electronic signature. SEC. 5. Section 26802.5 of the Government Code is amended to read: 26802.5. In the Counties of El Dorado, Imperial, Kern, Kings, Lake, Marin, Merced, Modoc, Monterey, Napa, Nevada, Riverside, San Joaquin, Solano, Sonoma, and Tulare, a registrar of voters may be appointed by the board of supervisors in the same manner as other county officers are appointed. In those counties, the county clerk is not ex officio registrar of voters, and the registrar of voters shall discharge all duties vested by law in the county elections official that relate to and are a part of the election procedure. SEC. 6. Section 36932 of the Government Code is amended to read: 36932. (a) Ordinances shall be signed by the mayor and attested by the city clerk. When attesting to an electronic or digital signature, the clerk may presume that the signature is genuine and attributable to the signatory if the electronic or digital signature complies with the requirement set forth in subdivision (a) of Section 16.5. (b) The amendments made to this section by the act that added this subdivision shall not be construed to affect the validity of a clerk’s attestation to any other digital or electronic signature. SEC. 7. Section 37396 of the Government Code is amended to read: 37396. (a) A city, county, or city and county may lease property owned, held, or controlled by it for not to exceed 99 years, for stadium, park, recreational, fair, exposition, or exhibition purposes, or for general sports purposes such as training and competitive sports. (b) On and after April 24, 2002, a lease executed pursuant to this section on territory annexed pursuant to Section 56742, may not include a shopping center, hotel, motel, or lodging house, but may include a lease for all other purposes authorized under this section, including a lease for either or both of the following purposes: (1) Any dormitory or medical facility that exclusively, except in the case of a medical emergency, serves individuals participating in training or competitions held at the site leased pursuant to subdivision (a). (2) Any food facility, as defined by Section 113785 of the Health and Safety Code, food vending, and sales of goods and services incidental to, and in support of, the purposes of the lease. (c) A lease made by a county pursuant to this section is subject to Article 8 (commencing with Section 25520) of Chapter 5 of Part 2 of Division 2 of Title 3. SEC. 8. Section 53601 of the Government Code, as amended by Section 6 of Chapter 187 of the Statutes of 2023, is amended to read: 53601. This section shall apply to a local agency that is a city, a district, or other local agency that does not pool money in deposits or investments with other local agencies, other than local agencies that have the same governing body. However, [Text truncated for display. Full text available on Congress.gov.]