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AB-2848 Local ballot measures: statement of the measure.(2017-2018)

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Date Published: 05/02/2018 09:00 PM
AB2848:v97#DOCUMENT

Amended  IN  Assembly  May 02, 2018
Amended  IN  Assembly  March 23, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2848


Introduced by Assembly Member Obernolte

February 16, 2018


An act to amend Section 13119 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 2848, as amended, Obernolte. Local ballot measures: statement of the measure.
Existing law requires a local government body, when submitting for voter approval a bond measure the security for which constitutes a lien on the property for ad valorem taxes, to provide the voters a statement that includes estimates of tax rates and debt service in connection with the measure. This statement is required to be included in any voter information guide for the bond measure, as specified.
Existing law requires that the ballots used when voting on a measure proposed by a local governing body or submitted to the voters as an initiative or referendum measure have printed on them specified information, including a statement describing the measure. If the proposed measure imposes a tax or raises the rate of a tax, existing law requires that the statement of the measure include the amount of money to be raised annually and the rate and duration of the tax to be levied.
This bill would create an exception to this requirement regarding tax information for proposed measures authorizing the issuance of bonds. instead require that the statement for a bond measure include the total amount of bonds to be issued, the duration of the bond debt service, and the best estimate from official sources of the average annual tax rate that would be required to be levied on property for ad valorem taxes to fund the bond issue. 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: NOYES   Local Program: NOYES  

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


SECTION 1.

 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) (1) If the proposed measure imposes a tax or raises the rate of a tax, except a proposed measure authorizing the issuance of bonds, 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.
(2) If the proposed measure authorizes the issuance of bonds, the ballot shall include in the statement of the measure to be voted on the total amount of bonds to be issued, the duration of the bond debt service, and the best estimate from official sources of the average annual tax rate that would be required to be levied on property for ad valorem taxes to fund the bond issue, based on estimated valuations available at the time the statement is filed. The tax rate shall be expressed per one hundred thousand dollars ($100,000) of assessed valuation on all property to be taxed to fund a bond issue.
(c) The statement of the measure shall be a true and impartial synopsis of the purpose of the proposed measure, and shall be in language that is neither argumentative nor likely to create prejudice for or against the measure.
(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. 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.