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SB-348 County voter information guide: taxpayer notice.(2017-2018)

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Date Published: 03/21/2017 04:00 AM
SB348:v98#DOCUMENT

Amended  IN  Senate  March 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 348


Introduced by Senator Leyva

February 14, 2017


An act to add Section 13307.6 to the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


SB 348, as amended, Leyva. County voter information guide: taxpayer notice.
Existing law requires an elections official to send to each voter a county voter information guide that contains written statements of each candidate for nonpartisan elective office in any local agency and may include the name, age, and occupation of the candidate and a brief description of the candidate’s education and qualifications expressed by the candidate himself or herself.
Except as specified, existing law authorizes the legislative body of any city, county, or district to propose by ordinance or resolution the adoption of a special tax. Existing law requires that the special tax proposition be submitted to the voters of the city, county, or district, and upon approval of two-thirds of the votes cast by voters voting upon the proposition, the city, county, or district may levy the tax. If the ordinance or resolution is adopted and approved by the voters, a validation action challenging the levy of the special tax may be commenced within 60 days of the effective date of the tax increase.
This bill would require require, if a local special tax measure is presented to the voters for approval, an elections official to include in each the county voter information guide for that election a notice regarding the process for initiating a validation action challenging the levy of a special tax. The notice would be required to conform with certain formatting, print, and type requirements and would include language notifying taxpayers of the 60-day filing requirement for challenging the imposition of a special tax. By imposing new duties on local elections officials, the bill would create 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 13307.6 is added to the Elections Code, to read:

13307.6.
 The If a local special tax measure is presented to the voters for approval, the elections official shall include in each the county voter information guide for that election a notice regarding the process for initiating a validation action challenging the levy of a special tax pursuant to Section 50077.5 of the Government Code. The notice shall be no smaller than 12-point, in bold and all capital letters, and shall be located on the inside front cover of the guide letters with a one-eighth inch border. border, and shall immediately follow the analysis of the special tax measure. Under the heading “Important Notice for Taxpayers”, the following shall be printed: “State law generally requires that a legal challenge be filed within 60 days of voter-approval of a special tax. The validity of the special tax cannot be challenged after that time.”

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.