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SB-524 Local government finance.(2007-2008)

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SB524:v98#DOCUMENT

Amended  IN  Assembly  June 27, 2007

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Senate Bill
No. 524

Introduced  by  Senator CorbettCogdill

February 22, 2007

An act to amend Section 2166.5 of the Elections Code, relating to elections relating to local government and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


SB 524, as amended, Cogdill. Voter registration: confidentiality. Local government finance.
The Vehicle License Fee Law continuously appropriates revenues derived from the taxes imposed under its provisions, and provides for the allocation of those revenues pursuant to specified formulas to cities, cities and counties, and a specified county. The Use Fuel Tax Law, the Motor Vehicle Fuel Tax Law, and the Diesel Fuel Tax Law each provide, as specified, for the transfer of revenues derived from taxes imposed under their provisions to the Highway Users Tax Account in the Transportation Tax Fund. Existing law continuously appropriates revenues in that account, and provides for specified apportionments of those revenues to cities, cities and counties, and counties.
This bill would, for the 2007–08 fiscal year, appropriate $147,000 from the General Fund to the Controller for allocation to counties that do not contain incorporated cities according to the proportion of the population of all the qualifying counties that the population of each of these counties represents, in order to equalize funding to those counties without affecting revenue allocations to cities. This bill would state the intent of the Legislature to appropriate annually at least $147,000 for these purposes, adjusted to reflect specified growth in the amount of revenue allocated to cities under the Vehicle License Fee Law, the Motor Vehicle Fuel Tax Law, the Use Fuel Tax Law, and the Diesel Fuel Tax Law.

Existing law establishes 2 programs, until January 1, 2013, known as the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, and Stalking program and the Address Confidentiality for Reproductive Health Care Services Providers, Employees, Volunteers, and Patients program, that authorize specified persons to complete an application containing certain information to be approved by the Secretary of State for the purpose of enabling state and local agencies to respond to requests for public records without disclosing a program participant’s residence address contained in any public record, including the program participant’s voter registration. Existing law, until January 1, 2008, authorizes any person who is granted confidentiality pursuant to these provisions to file a new affidavit of voter registration or reregistration and be considered an absent voter for subsequent elections until the county elections official is notified otherwise by the Secretary of State or the voter.

This bill would extend the operation of this provision until January 1, 2013. By increasing the duties of local elections officials in connection with administration of this provision, 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: MAJORITY2/3   Appropriation: NOYES   Fiscal Committee: YES   Local Program: YESNO  

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


SECTION 1.

 (a) The Legislature hereby finds and declares that counties without incorporated cities must provide municipal services that are generally the responsibility of cities in other counties. However, the current formulas for allocation of vehicle license fee, motor vehicle fuel tax, use fuel tax, and diesel fuel tax revenues do not recognize this additional responsibility.
(b) In order to equalize funding for counties that do not contain incorporated cities without affecting revenue allocations to cities, one hundred forty-seven thousand dollars ($147,000) is hereby appropriated from the General Fund to the Controller for the 2007–08 fiscal year, for allocation to counties that do not contain any incorporated cities. The Controller shall allocate these funds to the qualifying counties according to the proportion of the population of all the qualifying counties that the population of each of those counties represents.
(c) It is the intent of the Legislature to annually appropriate the amount described in subdivision (b), which is to be adjusted annually through the 2009–10 fiscal year in proportion to the one-year rate of growth, in the immediately preceding fiscal year, in the total amount of vehicle license fee, motor vehicle fuel tax, use fuel tax, and diesel fuel tax revenues allocated to all cities.
SECTION 1.Section 2166.5 of the Elections Code is amended to read:
2166.5.

(a)Any person filing with the county elections official a new affidavit of registration or reregistration may have the information relating to his or her residence address, telephone number, and e-mail address appearing on the affidavit, or any list or roster or index prepared therefrom, declared confidential upon presentation of certification that the person is a participant in the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, and Stalking program pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code or a participant in the Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, and Patients program pursuant to Chapter 3.2 (commencing with Section 6215) of that division.

(b)Any person granted confidentiality under subdivision (a) shall:

(1)Be considered an absent voter for all subsequent elections or until the county elections official is notified otherwise by the Secretary of State or in writing by the voter. A voter requesting termination of absent voter status thereby consents to placement of his or her residence address, telephone number, and e-mail address in the roster of voters.

(2)In addition to the required residence address, provide a valid mailing address to be used in place of the residence address for election, scholarly, or political research, and government purposes. The elections official, in producing any list, roster, or index may, at his or her choice, use the valid mailing address or the word “confidential” or some similar designation in place of the residence address.

(c)No action in negligence may be maintained against any government entity or officer or employee thereof as a result of disclosure of the information that is the subject of this section unless by a showing of gross negligence or willfulness.

(d)Subdivisions (a) and (b) shall not apply to any person granted confidentiality upon receipt by the county elections official of a written notice by the address confidentiality program manager of the withdrawal, invalidation, expiration, or termination of the program participant’s certification.

(e)This section shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date.

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.