BILL ANALYSIS Ó
SB 553
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Date of Hearing: August 14, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 553 (Yee) - As Amended: August 5, 2013
Policy Committee: Local
GovernmentVote:9-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill imposes additional requirements on local governments
when conducting elections to impose or increase property-related
fees or charges. Specifically, this bill adopts requirements
for ballot tabulation and ballot contents and procedures for
providing notice to voters or property owners. The bill also
requires the local government asking for the election to pay any
costs of the county election officials, as specified.
FISCAL EFFECT
Minor fiscal impact. Legislative counsel has keyed this bill a
state mandated program. It does not appear that reimbursement
would be required because the decision to take a proposed fee to
an election is a discretionary act of the local government.
Since there is a choice by the local government there is no
mandate and no required reimbursement. The likelihood of
significant reimbursements is further reduced because many of
the local governments that would be affected by the provisions
of the bill are not eligible for reimbursement for mandates.
COMMENTS
1)Purpose . According to the author, under current law,
individuals who wish to monitor fee ballot elections have
neither access to the tabulation process nor the ability to
inspect retained ballots after an election, thus eliminating
the ability of voters to dispute the results. The author
states by extending the same security and accountability to
fee ballot measures that have worked successfully for
assessment ballot elections, this bill will enhance the local
SB 553
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democratic process by ensuring fair and transparent community
elections. The author concludes SB 553 address a lack of
transparency in local elections that has generated concern
among voters about notification and tabulation procedures and
the ability to dispute election results.
2)Support . The Howard Jarvis Taxpayers Association, the sponsor
of SB 553, notes this bill takes a number of standard
transparency procedures common in local assessment ballot
elections and extends them in statute to fee-ballot elections.
They note the need for this bill arose out of a local
election for a flood control fee assessment. The measure was
approved by only 65 votes, but 1,700 ballots were invalidated
for lack of the voter's signature, about 20% of the total
votes cast. The HJTA argues a recount could not take place
because the ballots were not public records. The California
Taxpayers Association argues this bill helps ensure increased
ballot security and government accountability.
3)Background . Article XIII D of the California Constitution
provides no property-related fee or charge will be imposed or
increased until it is submitted and approved by a majority
vote of the property owners or, at the option of the agency,
by a two-thirds vote of the electorate residing in the
affected area. An exception is created for fees or charges
for sewer, water and refuse collection services.
Proposition 218 did not establish specific procedures for
property-related fee elections, but the Constitution does
permit local governments to adopt ballot procedures that are
similar to those required by law for assessments.
The election referred to by the sponsor, in which 1,700
ballots were disqualified, led to litigation. The California
Supreme Court, in Greene v. Marin County Flood Control and
Water Conservation District, upheld the election despite the
large number of ballots being disqualified. The court held
the election procedures adopted by the district complied with
the law.
4)Previous legislation .
a) AB 2218 (Gaines) of 2008, contained similar provisions
as SB 553. AB 2218 was held on the Senate Appropriations
Suspense File.
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b) SB 321 (Benoit), Chapter 580, Statutes of 2009, imposed
additional requirements on local governments when
conducting assessment ballot proceedings pursuant to
Proposition 218.
Analysis Prepared by : Roger Dunstan / APPR. / (916) 319-2081