Amended in Senate April 23, 2013

Amended in Senate April 9, 2013

Amended in Senate March 21, 2013

Senate BillNo. 279


Introduced by Senator Hancock

February 14, 2013


An act to amend Section 66704.05 of the Government Code, relating to the San Francisco Bay Restoration Authority.

LEGISLATIVE COUNSEL’S DIGEST

SB 279, as amended, Hancock. San Francisco Bay Restoration Authority.

Existing law establishes the San Francisco Bay Restoration Authority to raise and allocate resources for the restoration, enhancement, protection, and enjoyment of wetlands and wildlife habitat in the San Francisco Bay and along its shoreline. Existing law authorizes the authority to levy a benefit assessment, special tax, or property-related fee consistent with the California Constitution, as specified. Existing law requires the board of supervisors of each affected county, when the authority proposes a measure to levy a special tax for submission to the voters, to call a special election on the measure and place the measure on the ballot of the next regularly scheduled statewide election.

This bill would specify that a measure proposed by the authority must be submitted to the voters of the authority in accordance with the provisions of the Elections Code applicable to districts, as specified. This bill would require the authority to file with the board of supervisors of each affected county a resolution requesting consolidation. This bill would require the legal counsel for the authority to prepare, subject to review and revision by a specified county counsel, an impartial analysis of the measure. This bill would require the elections officials of those affected counties to mutually agree to use the same letter designation for the measurebegin delete and would require the measure to appear on the ballot before all county, city, and other local measuresend delete.

By imposing new duties or higher levels of service on local elections officials, 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 66704.05 of the Government Code is
2amended to read:

3

66704.05.  

(a) If the authority proposes to levy a special tax
4pursuant to subdivision (a) of Section 66704, the board of
5supervisors of the county or counties in which the special tax is
6proposed to be levied shall call a special election on the measure.
7The special election shall be consolidated with the next regularly
8scheduled statewide election and the measure shall be submitted
9to the voters in the appropriate counties, consistent with the
10requirements of Article XIII C or XIII D of the California
11Constitution, as applicable.

12(b) The authority is a district, as defined in Section 317 of the
13Elections Code. Except as otherwise provided in this section, a
14measure proposed by the authority that requires voter approval
15shall be submitted to the voters of the authority in accordance with
16the provisions of the Elections Code applicable to districts,
17including the provisions of Chapter 4 (commencing with Section
189300) of Division 9 of the Elections Code.

19(c) The authority shall file with the board of supervisors of each
20county in which the measure shall appear on the ballot a resolution
21of the authority requesting consolidation, and setting forth the
P3    1exact form of the ballot question, in accordance with Section 10403
2of the Elections Code.

3(d) The authority shall transmit a copy of the measure to the
4legal counsel for the authority, who shall prepare an impartial
5analysis of the measure in accordance with Section 9313 of the
6Elections Code. The impartial analysis prepared by the legal
7counsel for the authority shall be subject to review and revision
8by the county counsel of the county that contains the largest
9population, as determined by the most recent federal decennial
10census, among those counties in which the measure will be
11submitted to the voters. If there is no legal counsel for the authority,
12the authority shall transmit a copy of the measure to the county
13counsel of the county that contains the largest population, as
14determined by the most recent federal decennial census, among
15those counties in which the measure will be submitted to the voters,
16and the county counsel shall prepare the impartial analysis.

17(e) Each county included in the measure shall use the exact
18ballot question, impartial analysis, and ballot language provided
19by the authority. If two or more counties included in the measure
20are required to prepare a translation of ballot materials into the
21same language other than English, the county that contains the
22largest population, as determined by the most recent federal
23decennial census, among those countiesbegin delete in which the measure will
24be submitted to the votersend delete
begin insert that are required to prepare a translation
25of ballot materials into the same language other than Englishend insert
shall
26prepare the translation and that translation shall be used by the
27other county or counties, as applicable.

28(f) Notwithstanding Section 13116 of the Elections Code, if a
29measure proposed by the authority pursuant to this article is
30submitted to the voters of the authority in two or more counties,
31the elections officials of those counties shall mutually agree to use
32the same letter designation for the measurebegin delete and the measure shall
33appear on the ballot before all county, city, and other local
34measuresend delete
.

35(g) The county clerk of each county shall report the results of
36the special election to the authority.

37

SEC. 2.  

If the Commission on State Mandates determines that
38this act contains costs mandated by the state, reimbursement to
39local agencies and school districts for those costs shall be made
P4    1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



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