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 ASSEMBLY  AUGUST 26, 2013
	AMENDED IN ASSEMBLY  JUNE 14, 2013
	AMENDED IN SENATE  MAY 15, 2013
	AMENDED IN SENATE  APRIL 23, 2013
	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 special tax 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.

   This bill would express the intent of the Legislature to address
the unique procedural and financial barriers faced by the authority
in proposing a special tax measure for a large, multi county
jurisdiction in a special election. The bill would, in the first
election at which the authority proposes a special tax, provide that
the authority is required to reimburse each county in which the
special tax measure appears on the ballot only for the incremental
costs, as defined, that are incurred by the county elections official
related to submitting the measure to the voters, and would repeal
this provision on January 1, 2017. 
   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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   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.    It is the intent of the Legislature to
address the unique procedural and financial barriers faced by the San
Francisc  o Bay Restoration Authority in proposing a
special tax measure for a large, multicounty jurisdiction in a
special election. 
   SECTION 1.  SEC. 2.   Section 66704.05
of the Government Code is amended to read:
   66704.05.  (a) If the authority proposes to levy a special tax
pursuant to subdivision (a) of Section 66704, the board of
supervisors of the county or counties in which the 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, 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 legal counsel for the authority shall prepare an impartial
analysis of the measure. 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
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
population, as determined by the most recent federal decennial
census, among those counties that are required to prepare a
translation of ballot materials into the same language other than
English 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.
   (g) The county clerk of each county shall report the results of
the special election to the authority. 
   (h) (1) Notwithstanding Section 10520 of the Elections Code, for
the first election at which the authority proposes a special tax
pursuant to subdivision (a) of Section 66704, the authority shall
reimburse each county in which the special tax measure appears on the
ballot only for the incremental costs incurred by the county
elections official related to submitting the measure to the voters.
 
   (2) For purposes of this subdivision, "incremental costs" include
all of the following:  
   (A) The cost to prepare, review, and revise the impartial analysis
of the measure that is required by subdivision (d).  
   (B) The cost to prepare a translation of ballot materials into a
language other than English by any county, as described in
subdivision (e).  
   (C) The additional costs that exceed the costs incurred for other
election races or ballot measures, if any, appearing on the same
ballot in each county in which the special tax measure appears on the
ballot, including both of the following:  
   (i) The printing and mailing of ballot materials.  
   (ii) The canvass of the vote regarding the special tax measure
pursuant to Division 15 of the Elections Code.  
   (3) This subdivision is repealed on January 1, 2017. 
   SEC. 2.   SEC. 3.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution for certain costs that may be incurred by a
local agency or school district because those costs are the result of
a program for which legislative authority was requested by that
local agency or school district, within the meaning of Section 17556
of the Government Code and Section 6 of Article XIII B of the
California Constitution.
   However, if the Commission on State Mandates determines that this
act contains other 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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