Bill Text: CA AB1335 | 2011-2012 | Regular Session | Amended
Bill Title: City of Bell: business license taxes: unlawful increases
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1335 Detail]
Download: California-2011-AB1335-Amended.html
BILL NUMBER: AB 1335 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 5, 2012
INTRODUCED BY Assembly Member Lara
FEBRUARY 18, 2011
An act to amend Section 16281 of the Government Code,
relating to local government the
City of Bell .
LEGISLATIVE COUNSEL'S DIGEST
AB 1335, as amended, Lara. Local government: officials:
salary increases. City of Bell: business license
taxes: unlawful increases and charges.
Existing law prohibits the legislative body of a city or county
from imposing, extending, or increasing any general tax unless that
city or county has submitted the proposed imposition, extension, or
increase to the electorate and the electorate approves the
imposition, extension, or increase by majority vote.
This bill would require the City of Bell to return all funds
attributable to unlawful increases in business license taxes charged
during the calendar years 2000 to 2010, inclusive, to those licensees
affected by those unlawful increases.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the City of Bell.
Existing law makes certain findings and declarations relating to
the prohibition against the availability of state surplus or state
loan funds, in the 1978-79 fiscal year, to any local public agency
that provides an increase in salary in that fiscal year to any
elected or appointed official, and cost-of-living increase for other
individuals.
This bill would make technical, nonsubstantive changes to these
findings and declarations.
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) The Legislature hereby finds and
declares that, pursuant to the Controller's audit report, City of
Bell: Audit Report: Administrative and Internal Accounting Controls,
the City of Bell illegally adopted increased business license taxes,
used for general governmental purposes, without the required voter
approval during the calendar years 2000 to 2010, inclusive.
(b) The City of Bell shall return all funds attributable to
unlawful increases in business license taxes charged during the
calendar years 2000 to 2010, inclusive, to those licensees affected
by those unlawful increases.
SEC. 2. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances
encountered by the City of Bell with respect to the collection of
business license taxes.
SECTION 1. Section 16281 of the Government Code
is amended to read:
16281. It is the intent of the Legislature in enacting this
chapter to alleviate the current fiscal crisis created by the passage
of Proposition 13 (Article XIII A of the California Constitution),
and to provide for maintaining essential services which would
otherwise be lost.
The Legislature finds and declares that limiting increases in
wages or salaries for local public agency officers and employees and
cost-of-living increases for other individuals will allow essential
local government services to be maintained at a higher level than
would otherwise be the case, and will promote full employment and
prevent layoffs.
The Legislature further finds and declares that this chapter
constitutes a matter of statewide concern, and shall apply to charter
counties and charter cities. The provisions of this chapter shall
supersede any inconsistent provisions in the charter of any county or
city.
