Bill Text: CA SB552 | 2011-2012 | Regular Session | Amended

California Senate Bill 552 (Prior Session Legislation)

Bill Title: Local government: Mello-Roos Community Facilities Act of

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB552 Detail]

Download: California-2011-SB552-Amended.html

BILL NUMBER: SB 552	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 26, 2011

INTRODUCED BY   Senator Huff

                        FEBRUARY 17, 2011

   An act to amend Section 53324 of the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 552, as amended, Huff. Local government: Mello-Roos Community
Facilities Act of 1982.
   Existing law, the Mello-Roos Community Facilities Act of 1982,
provides that if 50% or more of the registered voters, or 6
registered voters, whichever is more, residing within the territory
proposed to be included in a community facilities district, or the
owners of 1/2 or more of the area of the land in the territory
proposed to be included in a district and not exempt from the
proposed special tax, file written protests against the establishment
of the district, no further proceeding to create the district or to
impose the special tax may be taken for a period of one year from the
date of the decision of the legislative body, as specified.
   This bill would prohibit offering a voter or landowner, and would
prohibit a voter or landowner from accepting or receiving,
consideration to  file a protest, to withdraw a protest, or to
 forgo the filing of a protest.
   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.  Section 53324 of the Government Code is amended to
read:
   53324.  If 50 percent or more of the registered voters, or six
registered voters, whichever is more, residing within the territory
proposed to be included in the district, or the owners of one-half or
more of the area of the land in the territory proposed to be
included in the district and not exempt from the special tax, file
written protests against the establishment of the district, and
protests are not withdrawn so as to reduce the value of the protests
to less than a majority, no further proceedings to create the
specified community facilities district or to authorize the specified
special tax shall be taken for a period of one year from the date of
the decision of the legislative body.
   If the majority protests of the registered voters or of the
landowners are only against the furnishing of a specified type or
types of facilities or services within the district, or against
levying a specified special tax, those types of facilities or
services or the specified special tax shall be eliminated from the
resolution of formation.
   A voter or landowner shall not be offered, and shall not accept or
receive, consideration to  file a protest, to withdraw a
protest, or to  forgo the filing of a protest.