BILL ANALYSIS
SB 321
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Date of Hearing: July 7, 2009
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
SB 321 (Benoit) - As Amended: June 22, 2009
AS PROPOSED TO BE AMENDED
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.
Allows, but does not require, the local agency to print this
phrase in a language or languages other than English, in
addition to printing it in English, if the agency deems such
translations to be appropriate.
2)Provides that for the purposes of tabulating assessment
ballots, an impartial person includes, but is not limited to,
the clerk of the agency that has proposed the assessment.
3)Requires assessment ballots that are tabulated by agency
personnel or by a vendor contracted by the agency that also
participated in the research, design, engineering, public
education, or promotion of the assessment, to be unsealed and
tabulated in public view at the conclusion of the public
hearing on the proposed assessment. Requires the ballots to
be unsealed and tabulated in a manner as to permit all
interested persons to meaningfully monitor the accuracy of the
tabulation process.
4)Permits a governing body of an agency that has proposed an
assessment to continue the tabulation of ballots after the
public hearing on that proposed assessment at a different time
or location accessible to the public, provided that the
governing body announces the time and location of the hearing.
5)Requires that the information used to determine the weight of
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each assessment ballot be treated as a disclosable public
record.
6)Requires assessment ballots to be preserved for a minimum of
two years, after which they may be destroyed pursuant to
provisions of existing law.
7)Makes technical and corresponding changes.
EXISTING LAW :
1)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.
2)Requires, during and after the tabulation, that assessment
ballots be treated as public documents and be available to
both the proponents and opponents.
3)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. State-mandated local program;
contains a self-financing disclaimer.
COMMENTS :
1)Author's Amendments : Pursuant to a commitment made by the
author in a prior committee, the author is proposing to amend
this bill to allow (but not require) local agencies to print
the "OFFICIAL BALLOT ENCLOSED" indicia on assessment ballot
envelopes in a language or languages other than English, in
addition to printing it in English, if the local agency
decides it is appropriate to do so. This analysis reflects
those proposed author's amendments.
2)Purpose of the Bill : According to the author:
SB 321 enhances the rights of property owners by further
clarifying the statutes that implement Proposition 218,
which directs how local benefit assessments may be
conducted. These changes are essential in order to
preserve the accuracy, transparency, and integrity of the
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benefit assessment election process. Specifically, SB 321
would require that the phrase "OFFICIAL BALLOT ENCLOSED" be
printed, in no smaller than 16-point bold type, on
envelopes mailed to property owners containing the notices
and assessment ballots; and that an impartial person -
someone who did not participate in the research, design,
engineering, public education, or promotion of the benefit
assessment - tabulate the benefit assessment ballots or in
the case of agency personnel tabulating the ballots, the
ballots must be counted at a public hearing; and that all
local benefit assessment ballots be preserved for at least
two years, to be disposed after that in accordance with
existing law.
3)Proposition 218 Overview : In November 1996, California voters
approved Proposition 218, a constitutional amendment which
restricted local officials' ability to impose taxes,
assessments, and property-related fees, and imposed various
voter approval requirements on these levies. Proposition 218
also allowed local voters to use the initiative power to
reduce and repeal local taxes, assessments and fees and
charges. Depending on the type of levy, Proposition 218
requires one of four different types of procedures to be used
to obtain the approval of voters or of property owners before
most types of local taxes, fees, assessments, or charges can
be imposed, extended, or increased. This bill specifically
deals with the levy of an assessment.
An assessment is a levy or charge on real property by an
agency for a special benefit conferred upon that property.
The assessment imposed on any parcel cannot exceed the
reasonable cost of the special benefit conferred on that
parcel. Prior to imposing an assessment, the agency must mail
a notice to all the property owners subject to the assessment
along with a ballot on which the property owner can indicate
his or her support of or opposition to the proposed
assessment. Each ballot is weighted based on the amount of
the assessment for that property owner. Not sooner than 45
days after mailing the notice and ballots to property owners,
the agency must conduct a public hearing on the proposed
assessment. Upon conclusion of that public hearing, the
assessment may not be imposed if ballots submitted in
opposition to the assessment exceed the ballots submitted in
favor of the assessment, factoring in the appropriate weight
for each ballot. These assessment proceedings are not
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considered to be elections under state law.
4)Double-Referral : This bill was heard in the Assembly Local
Government Committee on July 1, 2009, and was approved on a
7-0 vote.
REGISTERED SUPPORT / OPPOSITION :
Support
Howard Jarvis Taxpayers Association (sponsor)
Opposition
None on file.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094