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AB-1194 Elections: local government measures: ballot text.(2017-2018)

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Date Published: 05/02/2017 09:00 PM
AB1194:v96#DOCUMENT

Amended  IN  Assembly  May 02, 2017
Amended  IN  Assembly  April 19, 2017
Amended  IN  Assembly  March 16, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1194


Introduced by Assembly Member Dababneh
(Principal coauthor: Assembly Member Cooley)
(Coauthor: Assembly Member Harper)

February 17, 2017


An act to amend Sections 9401 and 13119 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 1194, as amended, Dababneh. Elections: local government measures: ballot text.
Existing law requires local government agencies, when submitting for voter approval bond measures that will be secured by an ad valorem tax, to provide the voters, along with a sample ballot, a statement that includes estimates of tax rates and debt service in connection with the measure. This statement must be included in voter information guides for those bond measures, as specified.
This bill would require that the statement to also include a table that shows examples of the estimated tax liability property owners could incur if a local bond measure is approved.
Existing law requires that the ballots used when voting upon a proposed county, city, or district ordinance submitted to the voters as an initiative measure have printed on them specified text, including a statement describing the nature of the proposed ordinance.
This bill would extend these ballot requirements to any measure submitted to the voters that is proposed by a local governing body or submitted to the voters as an initiative or referendum measure. The bill would require the statement of a measure authorizing the issuance of bonds to be funded by an ad valorem tax to include language that refers voters to the Tax Rate Statement in the Voter Information Guide. voter information guide in order to understand possible effects on their property taxes. By expanding the scope of local measures to which ballot requirements apply and adding statements that must be printed on certain ballots, the 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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 9401 of the Elections Code is amended to read:

9401.
 (a) In connection with each bond issue specified in Section 9400, a statement shall be mailed to the voters with the sample ballot for the bond election. The statement required by this section shall be filed with the elections official conducting the election not later than the 88th day before the election, and shall include all of the following:
(1) The best estimate from official sources of the tax rate that would be required to be levied to fund that bond issue during the first fiscal year after the first sale of the bonds based on assessed valuations available at the time of the election or a projection based on experience within the same jurisdiction or other demonstrable factors.
(2) The best estimate from official sources of the tax rate that would be required to be levied to fund that bond issue during the first fiscal year after the last sale of the bonds if the bonds are proposed to be sold in series, and an estimate of the year in which that rate will apply, based on assessed valuations available at the time of the election or a projection based on experience within the same jurisdiction or other demonstrable factors.
(3) The best estimate from official sources of the highest tax rate that would be required to be levied to fund that bond issue, and an estimate of the year in which that rate will apply, based on assessed valuations available at the time of the election or a projection based on experience within the same jurisdiction or other demonstrable factors.
(4) The best estimate from official sources of the total debt service, including the principal and interest, that would be required to be repaid if all the bonds are issued and sold. The estimate may include information about the assumptions used to determine the estimate.
(5) A table with two columns containing all of the following:
(A) In the first column, both of the following:
(i) A heading that reads “For property with an enrolled value of:”
(ii) 5 Five rows, each containing a dollar figure in increasing increments of $100,000, one hundred thousand dollars ($100,000), beginning with $300,000 and ending with $700,000. an amount that is two hundred thousand dollars ($200,000) less than the median home price, rounded to the nearest fifty thousand dollars ($50,000), in the jurisdiction in which the bond is proposed.
(B) In the second column, both of the following:
(i) A heading that reads “Your tax increase could be:”
(ii) 5 Five rows, each containing a dollar figure derived from multiplying the property value in the adjoining row under the first column by the tax rate in paragraph (3).
(b) In addition, the statement may contain a declaration of policy of the legislative or governing body of the applicable jurisdiction, proposing to use revenues other than ad valorem taxes to fund the bond issue, and the best estimate from official sources of these revenues and the reduction in the tax rate levied to fund the bond issue resulting from the substitution of revenue.
(c) The words “tax rate” as used in this chapter means tax rate per one hundred dollars ($100) of assessed valuation on all property to be taxed to fund a bond issue described in Section 9400.

SEC. 2.

 Section 13119 of the Elections Code is amended to read:

13119.
 (a) The ballots used when voting upon a measure proposed by a local governing body or submitted to the voters as an initiative or referendum measure pursuant to Division 9 (commencing with Section 9000), including a measure authorizing the issuance of bonds or the incurrence of debt, shall have printed on them the words “Shall the measure (stating the nature thereof) be adopted?” Opposite the statement of the measure to be voted on, and to its right, the words “Yes” and “No” shall be printed on separate lines, with voting squares. If a voter stamps a cross (+) in the voting square after the printed word “Yes,” his or her vote shall be counted in favor of the adoption of the measure. If he or she stamps a cross (+) in the voting square after the printed word “No,” his or her vote shall be counted against its adoption.
(b) If the proposed measure imposes a tax or raises the rate of a tax, the ballot shall include in the statement of the measure to be voted on the amount of money to be raised annually and the rate and duration of the tax to be levied.
(c) If the proposed measure authorizes the issuance of bonds to be funded by an ad valorem tax, the ballot shall include in the statement of the measure the following sentence: “For an example of your potential tax liability under this ordinance, please refer to the Tax Rate Statement in the “See the Voter Information Guide.” Guide for effects on your property taxes.
(d) For purposes of this section, “local governing body” means the governing body of a city, county, city and county, including a charter city or charter county, or district, including a school district.

SEC. 3.

 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.