BILL NUMBER: SB 553	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Yee

                        FEBRUARY 22, 2013

   An act to add Section 53755.5 to the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 553, as introduced, Yee. Local government: assessment:
elections pro.
   Articles XIII C and XIII D of the California Constitution
generally require that assessments, fees, and charges be submitted to
property owners for approval or rejection after the provision of
written notice and the holding of a public hearing. Existing law, the
Proposition 218 Omnibus Implementation Act, prescribes specific
procedures and parameters for local jurisdictions to comply with
Articles XIII C and XIII D of the California Constitution.
   Existing statutory law provides notice, protest, and hearing
procedures for the levying of new or increased assessments, fees, and
charges by local government agencies pursuant to Articles XIII C and
XIII D of the California Constitution.
   This bill would require, if a local government agency opts to
submit the proposed fee or charge for approval by a vote of the
property owners, as provided, that specified procedures be applied,
except that ballots shall not be weighted. This bill would also
require, if a local government agency opts to submit the proposed fee
or charge for approval by the electorate, as provided, that the
election be conducted by the county elections official or his or her
designee.
    By creating new requirements for property assessments conducted
by counties and cities, the 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:

  SECTION 1.  Section 53755.5 is added to the Government Code, to
read:
   53755.5.  When an agency proposes to impose or increase any fee or
charge subject to Section 6 of Article XIII D of the California
Constitution that is not exempt from the requirements of subdivision
(c) Section 6 of Article XIII D of the California Constitution, the
following procedures shall apply to the election:
   (a) If the agency opts to submit the proposed fee or charge for
approval by a majority vote of the property owners who will be
subject to the fee or charge, subdivisions (b) to (e), inclusive, of
Section 53753 shall apply, except that the ballots shall not be
weighted.
   (b) If the agency opts to submit the proposed fee or charge for
approval by a two-thirds vote of the electorate residing in the
affected area, the election shall be conducted by the county
elections official or his or her designee.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.