BILL ANALYSIS
SB 321
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Date of Hearing: July 1, 2009
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Anna Marie Caballero, Chair
SB 321 (Benoit) - As Amended: June 22, 2009
SENATE VOTE : 39-0
SUBJECT : Local government: assessments: election requirements.
SUMMARY : Imposes additional requirements on local governments
when conducting assessment ballot proceedings pursuant to
Proposition 218. Specifically, this bill :
1)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.
2)Clarifies for the purposes of assessment ballot tabulation,
that an impartial person may include the clerk of the agency.
3)States that if the agency uses agency personnel for the ballot
tabulation or if the agency contracts with a vendor for the
ballot tabulation and the vendor or its affiliates
participated in the research, design, engineering, public
education, or promotion of the assessment, the ballots shall
be unsealed and tabulated in public view so as to permit all
interested persons to meaningfully monitor the accuracy of the
tabulation process.
4)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.
5)Requires the information used to determine the weight of each
ballot to be public and made equally available to proponents
and opponents.
6)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.
EXISTING LAW :
SB 321
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1)Allows an election or assessment ballot proceeding required or
authorized by Proposition 218 to be conducted entirely by
mailed ballot, but provides that if an assessment ballot
proceeding is conducted by mail, the proceeding shall be
denominated an "assessment ballot proceeding" rather than an
election.
2)Provides notice, protest, and hearing procedures for the
levying of new or increased assessments or property related
fees or charges by local government agencies pursuant to
Proposition 218.
3)Requires, during and after the tabulation, that assessment
ballots must be treated as public documents and be available
to both the proponents and opponents.
4)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.
FISCAL EFFECT : Unknown
COMMENTS :
1)According to the author, SB 321 will "enhance the rights of
property owners by further clarifying the statutes that
implement Proposition 218, which directs how local benefit
assessments may be conducted." The author believes that these
changes are essential in order to preserve the accuracy,
transparency, and integrity of the benefit assessment election
process.
2)It is believed that many property owners may discard benefit
assessment ballots that they receive in the mail thinking that
the contents are "junk mail". SB 321 tries to remedy this
situation by clearly marking the envelope as an official
ballot.
3)This bill is double-referred to the Committee on Elections and
Redistricting.
REGISTERED SUPPORT / OPPOSITION :
Support
SB 321
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Howard Jarvis Taxpayers Association [SPONSOR]
Opposition
None on file
Analysis Prepared by : Katie Kolitsos / L. GOV. / (916)
319-3958