BILL NUMBER: SB 184 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Governance and Finance (Senators
Hertzberg (Chair), Bates, Beall, Hernandez, Lara, Nguyen, and Pavley)
FEBRUARY 9, 2015
An act to amend Sections 5473.4, 5474.4, and 5474.5 of the Health
and Safety Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
SB 184, as introduced, Committee on Governance and Finance. Local
government: omnibus bill.
Existing law authorizes specified local entities, including
cities, counties, special districts, and other authorized public
corporations, to collect fees, tolls, rates, rentals, or other
charges for water, sanitation, storm drainage, or sewerage system
services and facilities. Under existing law, a local entity may
collect these charges on the property tax roll at the same time and
in the same manner as its general property taxes. If the entity
collects these charges in this way, existing law requires the entity
to prepare and file with its clerk or secretary a report describing
each parcel of property receiving the above-described services and
the amount charged. Existing law requires the clerk or secretary to
annually file the report with the auditor. Existing law also
authorizes these local entities to fix fees or charges for the
privilege of connecting parcels of property to their sanitation or
sewerage facilities, subject to specified procedures. Existing law
requires the legislative body of the local entity to annually file
with the auditor a list of lots or parcels of land subject to these
fees or charges and the amounts of the installments of the fees or
charges to be entered against the affected lots or parcels of land.
Existing law requires the auditor to enter on the assessment roll the
amounts of installments of these fees or charges. Existing law
defines the auditor, for the purposes of these provisions, as the
financial officer of the local entity.
This bill would clarify that the above-described provisions
relating to the authority and duties of the auditor apply only to the
county auditor. The bill would also make technical, nonsubstantive
changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
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 2014.
(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 5473.4 of the Health and Safety Code is amended to
read:
5473.4. On or before August 10 of each year following the final
determination upon each charge, the clerk shall file with the
county auditor a copy of the report prepared pursuant to
Section 5473 with a statement endorsed on the report over his or her
signature that the report has been finally adopted by the legislative
body of the entity and the county auditor shall enter the
amounts of the charges against the respective lots or parcels of
land as they appear on the current assessment roll. Where any of the
parcels are outside the boundaries of the entity they shall be added
to the assessment roll of the entity for the purpose of collecting
the charges. If the property is not described on the roll, the
county auditor may enter the description on the roll together
with the amounts of the charges, as shown in the report.
SEC. 3. Section 5474.4 of the Health and Safety Code is amended to
read:
5474.4. On or before the tenth day of August
August 10 of each year following such
the final determination, the legislative body shall
certify to the county auditor a list of the lots or
parcels of land, as they appear on the current assessment roll,
subject to such any fees or charges and
the amounts of the installments of such
those fees or charges and interest to be entered against
such the lots or parcels on the
assessment roll. In the event a lot or parcel connected to the
facilities is subsequently divided into two or more lots or parcels
as shown on the current assessment roll, the legislative body shall
designate the lot or parcel that remains connected to the facilities
and against which the installments of the fees or charges and
interest are to be entered.
SEC. 4. Section 5474.5 of the Health and Safety Code is amended to
read:
5474.5. The county auditor shall enter on the current
assessment roll the amounts of the installments of such
any fees or charges and interest and, except as
provided in Section 5474.6, the amounts thereof shall constitute a
lien against the lot or parcel of land against which levied as of
noon on the first Monday in March immediately preceding the date of
entry.