Bill Text: CA SB279 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: San Francisco Bay Restoration Authority.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-10-03 - Chaptered by Secretary of State. Chapter 514, Statutes of 2013. [SB279 Detail]

Download: California-2013-SB279-Amended.html
BILL NUMBER: SB 279	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2013
	AMENDED IN SENATE  MARCH 21, 2013

INTRODUCED BY   Senator Hancock

                        FEBRUARY 14, 2013

   An act to amend Section 66704.05 of the Government Code, relating
to the San Francisco Bay Restoration Authority.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 279, as amended, Hancock. San Francisco Bay Restoration
Authority.
   Existing law establishes the San Francisco Bay Restoration
Authority to raise and allocate resources for the restoration,
enhancement, protection, and enjoyment of wetlands and wildlife
habitat in the San Francisco Bay and along its shoreline. Existing
law authorizes the authority to levy a benefit assessment, special
tax, or property-related fee consistent with the California
Constitution, as specified. Existing law requires the board of
supervisors of each affected county, when the authority proposes a
measure to levy a  benefit assessment,  special tax
 , or property-related fee  for submission to the
voters, to call a special election on the measure and place the
measure on the ballot of the next regularly scheduled statewide
election.
   This bill would specify that a measure proposed by the authority
must be submitted to the voters of the authority in accordance with
the provisions of the Elections Code applicable to districts  ,
as specified  . This bill would require the authority to file
with the board of supervisors of each affected county a resolution
requesting consolidation. This bill would require the legal counsel
for the authority to prepare, subject to review and revision by a
specified county counsel, an impartial analysis of the measure. This
bill would require the elections officials of those affected counties
to mutually agree to use the same letter designation for the measure
and would require the measure to appear on the ballot before all
county, city, and other local measures.
   By imposing new duties or higher levels of service on local
elections officials, this bill would impose a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 66704.05 of the Government Code is amended to
read:
   66704.05.  (a) If the authority proposes to levy a 
benefit assessment,  special tax  , or
property-related fee  pursuant to subdivision (a) of Section
66704, the board of supervisors of the county or counties in which
the  assessment, tax, or fee   special tax 
is proposed to be levied shall call a special election on the
measure. The special election shall be consolidated with the next
regularly scheduled statewide election and the measure shall be
submitted to the voters in the appropriate counties, consistent with
the requirements of Article XIII C or XIII D of the California
Constitution, as applicable.
   (b) The authority is a  district for purposes 
 district, as defined in Section 317  of the Elections Code.
Except as otherwise provided in this section, a measure proposed by
the authority that requires voter approval shall be submitted to the
voters of the authority in accordance with the provisions of the
Elections Code applicable to districts  , including the
provisions of Chapter 4 (commencing with Section 9300) of Division 9
of the Elections Code  .
   (c) The authority shall file with the board of supervisors of each
county in which the measure shall appear on the ballot a resolution
of the authority requesting consolidation, and setting forth the
exact form of the ballot question, in accordance with Section 10403
of the Elections Code.
   (d) The authority shall transmit a copy of the measure to the
legal counsel for the authority, who shall prepare  , subject
to review and revision by the county counsel of the county that
contains the largest number of registered voters of the authority,
 an impartial analysis of the measure in accordance with
Section 9313 of the Elections Code.  The impartial analysis
prepared by the legal counsel for the authority shall be subject to
  review and revision by the county counsel of the county
that contains the largest population, as determined by the most
recent federal decennial census, among those counties in which the
measure will be submitted to the voters.  If there is no legal
counsel for the authority, the authority shall transmit a copy of the
measure to the county counsel of the county that contains the
largest number of registered voters of the authority
  population, as determined by the most recent federal
decennial census, among those counties in which the measure will be
submitted to the voters,  and the county counsel shall prepare
the impartial analysis.
   (e) Each county included in the measure shall use the exact ballot
question, impartial analysis, and ballot language provided by the
authority. If two or more counties included in the measure are
required to prepare a translation of ballot materials into the same
language other than English, the county that contains the largest
 number of registered voters   population, as
determined by the most recent federal decennial census, among those
counties in which the measure will be submitted to the voters 
shall prepare the translation and that translation shall be used by
the other county or counties, as applicable.
   (f) Notwithstanding Section 13116 of the Elections Code, if a
measure proposed by the authority pursuant to this article is
submitted to the voters of the authority in two or more counties, the
elections officials of those counties shall mutually agree to use
the same letter designation for the measure and the measure shall
appear on the ballot before all county, city, and other local
measures.
   (g) The county clerk of each county shall report the results of
the special election to the authority. 
   (h) If a voter files a petition for a writ of mandate or an
injunction regarding a measure proposed by the authority, venue for
the proceeding shall be exclusively in the county that contains the
largest number of registered voters of the authority. 
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.                                         
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