BILL ANALYSIS
SB 321
Page 1
Date of Hearing: August 19, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
SB 321 (Benoit) - As Amended: July 15, 2009
Policy Committee: Local Government
Vote: 7-0
Elections and Redistricting 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill imposes additional requirements on local governments
when conducting assessment ballot proceedings pursuant to
Proposition 218. Specifically, the 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.
Permits the phrase to be printed in language other than
English, if the local agency deems the translation to be
appropriate.
2)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 monitor the accuracy of the tabulation
process.
3)Requires the information used to determine the weight assigned
to each vote be public and made equally available to
proponents and opponents (see discussion below).
4)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.
FISCAL EFFECT
SB 321
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Local costs not state-reimbursable, as local agencies have
authority to levy fees to cover the costs of the assessment
ballots.
COMMENTS
1)Background . 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.
This bill deals with the voter procedures for assessments,
which are levies or charges on real property by an agency for
a special benefit conferred upon that property. 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.
Assessment ballot proceedings are not considered elections.
2)Rationale . The author asserts that the bill is necessary to
ensure the accuracy, transparency, and integrity of the
benefit assessment election process. The author also indicates
that many property owners may discard benefit assessment
ballots that they receive in the mail thinking that the
contents are "junk mail". This bill attempts to remedy this
situation by clearly marking the envelope as an official
ballot.
Analysis Prepared by : Brad Williams / APPR. / (916) 319-2081