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 measure.
begin insertThis bill would express the intent of the Legislature to address the unique procedural and financial barriers faced by the authority in proposing a special tax measure for a large, multi county jurisdiction in a special election. The bill would, in the first election at which the authority proposes a special tax, provide that the authority is required to reimburse each county in which the special tax measure appears on the ballot only for the incremental costs, as defined, that are incurred by the county elections official related to submitting the measure to the voters, and would repeal this provision on January 1, 2017.
end insertBy 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
begin insertIt is the intent of the Legislature to address the
2unique procedural and financial barriers faced by the San
3Francisco Bay Restoration Authority in proposing a special tax
4measure for a large, multicounty jurisdiction in a special election.end insert
Section 66704.05 of the Government Code is amended
3to read:
(a) If the authority proposes to levy a special tax
5pursuant to subdivision (a) of Section 66704, the board of
6supervisors of the county or counties in which the special tax is
7proposed to be levied shall call a special election on the measure.
8The special election shall be consolidated with the next regularly
9scheduled statewide election and the measure shall be submitted
10to the voters in the appropriate counties, consistent with the
11requirements of Article XIII C or XIII D of the California
12Constitution, as applicable.
13(b) The authority is a district, as defined in Section 317 of the
14Elections Code. Except as otherwise provided in this section,
a
15measure proposed by the authority that requires voter approval
16shall be submitted to the voters of the authority in accordance with
17the provisions of the Elections Code applicable to districts,
18including the provisions of Chapter 4 (commencing with Section
199300) of Division 9 of the Elections Code.
20(c) The authority shall file with the board of supervisors of each
21county in which the measure shall appear on the ballot a resolution
22of the authority requesting consolidation, and setting forth the
23exact form of the ballot question, in accordance with Section 10403
24of the Elections Code.
25(d) The legal counsel for the authority shall prepare an impartial
26analysis of the measure. The impartial analysis prepared by the
27legal counsel for the authority shall be subject to
review and
28revision by the county counsel of the county that contains the
29largest population, as determined by the most recent federal
30decennial census, among those counties in which the measure will
31be submitted to the voters.begin delete If there is no legal counsel for the
32authority, the authority shall transmit a copy of the measure to the
33county counsel of the county that contains the largest population,
34as determined by the most recent federal decennial census, among
35those counties in which the measure will be submitted to the voters,
36and the county counsel shall prepare the impartial analysis.end delete
37(e) Each county included in the measure shall use the exact
38ballot question, impartial analysis, and ballot language provided
39by the authority. If two
or more counties included in the measure
40are required to prepare a translation of ballot materials into the
P4 1same language other than English, the county that contains the
2largest population, as determined by the most recent federal
3decennial census, among those counties that are required to prepare
4a translation of ballot materials into the same language other than
5English shall prepare the translation and that translation shall be
6used by the other county or counties, as applicable.
7(f) Notwithstanding Section 13116 of the Elections Code, if a
8measure proposed by the authority pursuant to this article is
9submitted to the voters of the authority in two or more counties,
10the elections officials of those counties shall mutually agree to use
11the same letter designation for the measure.
12(g) The county clerk of each county shall report the results of
13the special election to the authority.
14(h) (1) Notwithstanding Section 10520 of the Elections Code,
15for the first election at which the authority proposes a special tax
16pursuant to subdivision (a) of Section 66704, the authority shall
17reimburse each county in which the special tax measure appears
18on the ballot only for the incremental costs incurred by the county
19elections official related to submitting the measure to the voters.
20(2) For purposes of this subdivision, “incremental costs” include
21all of the following:
22(A) The cost to prepare, review, and revise the impartial analysis
23of the measure that is required by subdivision
(d).
24(B) The cost to prepare a translation of ballot materials into a
25language other than English by any county, as described in
26subdivision (e).
27(C) The additional costs that exceed the costs incurred for other
28election races or ballot measures, if any, appearing on the same
29ballot in each county in which the special tax measure appears on
30the ballot, including both of the following:
31(i) The printing and mailing of ballot materials.
end insertbegin insert
32(ii) The canvass of the vote regarding the special tax measure
33pursuant to Division 15 of the Elections Code.
34(3) This subdivision is repealed on January 1, 2017.
end insertNo reimbursement is required by this act pursuant to
37Section 6 of Article XIII B of the California Constitution for certain
38costs that may be incurred by a local agency or school district
39because those costs are the result of a program for which legislative
40authority was requested by that local agency or school district,
P5 1within the meaning of Section 17556 of the Government Code and
2Section 6 of Article XIII B of the California Constitution.
3However,
if the Commission on State Mandates determines that
4this act contains other costs mandated by the state, reimbursement
5to local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.
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