BILL ANALYSIS
SENATE LOCAL GOVERNMENT COMMITTEE
Senator Patricia Wiggins, Chair
BILL NO: SB 321 HEARING: 4/29/09
AUTHOR: Benoit FISCAL: Yes
VERSION: 4/23/09 CONSULTANT:
Weinberger
BENEFIT ASSESSMENTS
Background
Proposition 218 (1996) limited local officials' powers to
impose taxes, levy benefit assessments, and charge fees.
The Legislature translated the new constitutional limits on
benefit assessments into statutory procedures for notice,
hearing, and protests (SB 919, Rainey, 1997) and imposed
additional requirements to enhance the confidentiality and
impartiality of benefit assessment ballot proceedings (SB
1477, Lewis, 2000).
In response to concerns about how local officials implement
these statutes, taxpayer advocates want to clarify the
rules for levying benefit assessments.
Proposed Law
I. Mailing ballots . Existing law requires local officials
to mail to each affected property owner a ballot to vote
for or against a proposed assessment and a notice
containing specific information about the proposed
assessment, including the date, time, and place of the
public hearing at which ballots will be tabulated. Senate
Bill 321 requires the phrase "OFFICIAL BALLOT ENCLOSED" to
be printed, in no smaller than 16-point bold type, on
envelopes mailed to property owners containing the notices
and assessment ballots.
II. Ballot tabulation . Existing law requires that an
impartial person designated by the agency who does not have
a vested interest in the outcome of the proposed assessment
must tabulate the ballots. Senate Bill 321 states that an
impartial person does not include the person or entity that
participated in the research, design, engineering, public
education, or promotion of the assessment. Senate Bill 321
clarifies that an impartial person may include the clerk of
SB 321 -- 4/23/09 -- Page 2
the agency.
Senate Bill 321 requires ballots to be unsealed and
tabulated in public view at the conclusion of the public
hearing so as to permit all interested persons to
meaningfully monitor the accuracy of the tabulation
process. Senate Bill 321 allows the agency's governing
body to continue the tabulation at a different time or
location accessible to the public, provided that the time
and location are announced at the hearing.
III. Public records . Existing law requires, during and
after the tabulation, that assessment ballots must be
treated as public documents and be available to both the
proponents and opponents. In tabulating the ballots, the
ballots are weighted according to each property's
proportional financial obligation. Senate Bill 321
requires the information used to determine the weight of
each ballot to be public and made equally available to
proponents and opponents.
Senate Bill 321 requires ballots to be preserved for at
least two years and references the statutes under which
agencies may dispose of the ballots after that time.
Comment
Enhancing integrity . Recent controversies over benefit
assessments demonstrate a need to further clarify the
statutes that implement Proposition 218. SB 321's sponsor
cites examples of property owners who discard assessment
ballots they receive in the mail, thinking that the
contents are "junk mail." Proponents also express concerns
about assessment ballots being tabulated behind closed
doors by private firms. By making mailed assessment
ballots easier for property owners to identify and by
requiring a more impartial and transparent ballot
tabulation process, SB 321 enhances the integrity of the
approval process for benefit assessments.
Support and Opposition (4/23/09)
Support : Howard Jarvis Taxpayers Association.
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Opposition : Marin County.