Bill Text: CA SB302 | 2017-2018 | Regular Session | Amended

California Senate Bill 302 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Joint powers agencies: Orange County Fire Authority: funds.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2017-10-14 - Chaptered by Secretary of State. Chapter 807, Statutes of 2017. [SB302 Detail]

Download: California-2017-SB302-Amended.html

Amended IN Assembly June 19, 2017

Amended IN Senate May 04, 2017

Amended IN Senate March 29, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 302

Introduced by Senator Mendoza

February 13, 2017

An act to ~~amend Section 6503.1 of the Government Code,~~ add Section 6503.2 to the Government Code, and to amend Section 99.02 of the Revenue and Taxation Code, relating to joint powers.

LEGISLATIVE COUNSEL'S DIGEST

SB 302, as amended, Mendoza. Joint powers agencies: ~~fire protection:~~ Orange County Fire Authority: funds.

Existing law authorizes 2 or more public agencies, by agreement, to form a joint powers authority to exercise any power common to the contracting parties, as specified. Existing law authorizes the agreement to set forth the manner by which the joint powers authority will be governed. Existing law authorizes the board of supervisors of any county to contract with any local agency within the county or with the state for services relating to the prevention and suppression of fires. Existing law additionally requires property tax revenues of ~~a county of the 2nd class~~ the County of Orange that are allocated by that county to a joint powers agency formed for the purpose of providing fire protection to be used by that agency for fire protection purposes, as defined.

This bill would instead require specified property tax revenues of a county of the 2nd class to be allocated by that county to a joint powers agency formed for the purpose of providing fire protection within that county. This bill would additionally require those funds to be appropriated to, and expended by, that joint powers agency for fire protection purposes. specify that withdrawal by a structural fire fund city from the Orange County Fire Authority is subject to specified negotiations, notices, and obligations, as required by law.

Existing law requires property tax revenues of the County of Orange that are allocated by that county to a joint powers authority formed for the purpose of providing fire protection to be used by that authority for fire protection purposes, as defined. Existing law authorizes a local agency to transfer any portion of its property tax revenues that is allocable to one or more tax rate areas within the local agency to one or more other local agencies that have the same tax rate areas, as specified, subject to specified conditions, including that the transfer will not impair the ability of the transferring agency to provide existing services.
This bill would additionally require, with regard to transfers of structural fire fund property tax revenues allocated by the County of Orange to a joint powers agency and required by existing law to be used to provide fire protection, that the transfer be approved by the county, a majority of member cities, and the agency currently receiving the funds.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Orange County Fire Authority.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 6503.2 is added to the Government Code, to read:

6503.2.
Withdrawal by a structural fire fund city from the Orange County Fire Authority shall be subject to property tax transfer negotiations and any additional notices and obligations as required by law.

SEC. 2.

Section 99.02 of the Revenue and Taxation Code is amended to read:

99.02.

(a) For the purposes of the computations required by this chapter for the 1985–86 fiscal year and fiscal years thereafter, in the case of any transfer of property tax revenues between local agencies that is adopted and approved in conformity with subdivisions (b) and (c), the auditor shall adjust the allocation of property tax revenue determined pursuant to Section 96.1 or its predecessor section, or the annual tax increment determined pursuant to Section 96.5 or its predecessor section, for those local agencies whose allocation would be altered by the transfer.

(b) Commencing with the 1985–86 fiscal year, any local agency may, by the adoption of a resolution of its governing body or governing board, determine to transfer any portion of its property tax revenues that is allocable to one or more tax rate areas within the local agency to one or more other local agencies having the same tax rate area or tax rate areas. Upon the local agency’s adoption of the resolution, the local agency shall notify the board of supervisors of the county or the city council of the city within which the transfer of property tax revenues is proposed.

(c) If the board of supervisors or the city council concurs with the proposed transfer of property tax revenue, the board or council shall, by resolution, notify the county auditor of the approved transfer.

(d) Upon receipt of notification from the board of supervisors or the city council, the county auditor shall make the necessary adjustments specified in subdivision (a).

(e) Prior to the adoption or approval by any local agency of a transfer of property tax revenues pursuant to this section, each local agency that will be affected by the proposed transfer shall hold a public hearing to consider the effect of the proposed transfer on fees, charges, assessments, taxes, or other revenues. Notice of the hearing shall be published pursuant to Section 6061 of the Government Code in one or more newspapers of general circulation within each affected local agency.

(f) No local agency shall transfer property tax revenue pursuant to this section unless each of the following conditions exists:

(1) The transferring agency determines that revenues are available for this purpose.

(2) The transfer will not result in any increase in the ratio between the amount of revenues of the transferring agency that are generated by regulatory licenses, use charges, user fees, or assessments and the amount of revenues of the transferring agency used to finance services provided by the transferring agency.

(3) The transfer will not impair the ability of the transferring agency to provide existing services.

(4) The transfer will not result in a reduction of property tax revenues to school entities.

(5) In the case of structural fire fund property tax revenues subject to Section 6503.1 of the Government Code, where the transfer would not violate Section 6503.1 of the Government Code, the transfer is approved by the county, a majority of member cities, and the agency currently receiving those funds for fire protection services.

SEC. 3.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique conditions with regard to the Orange County Fire Authority.

SECTION 1.Section 6503.1 of the Government Code is amended to read:
6503.1.
(a)All property tax revenues of a county of the second class attributable to a rate imposed for fire protection purposes prior to June 6, 1978, shall be allocated by that county to an agency formed for the purpose of providing fire protection pursuant to this chapter. Those funds shall be appropriated to, and expended by, that agency for fire protection purposes.
(b)As used in this section, “fire protection purposes” means those purposes directly related to, and in furtherance of, providing fire prevention, fire suppression, emergency medical services, hazardous materials response, ambulance transport, disaster preparedness, rescue services, and related administrative costs.
~~(c)This section shall not be interpreted to alter any provision of law governing the processes by which cities or counties select providers of ambulance transport services.~~