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AB-6 Local ballot measures: statement of the measure.(2017-2018)

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Date Published: 06/25/2018 09:00 PM
AB6:v93#DOCUMENT

Amended  IN  Senate  June 25, 2018
Amended  IN  Senate  June 18, 2018
Amended  IN  Senate  June 19, 2017
Amended  IN  Assembly  March 21, 2017
Amended  IN  Assembly  March 02, 2017
Amended  IN  Assembly  February 22, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 6

Introduced by Assembly Member Obernolte

December 05, 2016

An act to amend Section 13119 of the Elections Code, relating to elections. elections, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 6, 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 instead require that the statement for a bond measure include the best estimate from official sources of the average annual tax rate that would be required to be levied to fund the bond issue over the entire duration of the bond debt service, as specified. 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.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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) (A) If the proposed measure authorizes the issuance of bonds, the ballot shall include in the statement of the measure to be voted on the best estimate from official sources of the average annual tax rate that would be required to be levied to fund that bond issue over the entire duration of the bond debt service, 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. The estimate shall also identify the final fiscal year in which the tax is anticipated to be collected. As used in this paragraph, “tax rate” means the tax rate per one hundred thousand dollars ($100,000) of assessed valuation on all property to be taxed to fund a bond issue described in Section 9400.
(B) The Legislature declares that the essence of compliance with this paragraph is good faith in presenting to voters the most accurate available information for their use in effecting comparisons and exercising judgment in casting their ballots.
(C) This paragraph shall not be construed as establishing a cap on the tax rate required to be levied 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.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to provide the most accurate available information to aid voters in effecting comparisons and exercising judgment in casting their ballots for or against measures authorizing the issuance of bonds as soon as possible, it is necessary that this act take effect immediately.