Bill Text: CA SB536 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Alarm companies: electronic transactions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2014-08-07 - Re-referred to Com. on RLS. pursuant to Assembly Rule 96(a). [SB536 Detail]

Download: California-2013-SB536-Amended.html

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BILL NUMBER: SB 536	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 1, 2013
	AMENDED IN SENATE  APRIL 8, 2013

INTRODUCED BY   Senator Berryhill

                        FEBRUARY 22, 2013

   An act to add Section 53757 to the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 536, as amended, Berryhill. Property-related services.
   The California Constitution, with certain exceptions, conditions
the imposition or increase of a property-related fee or charge upon
less than a majority of owners of subject parcels submitting written
protests, and  requires the  approval by either a majority
vote of the owners of the properties subject to the fee or charge or,
under certain conditions, by a 2/3 vote of the voters residing in
the area affected by the fee or charge.
   This bill would  specifically  provide that a 
district, as defined,   county  shall not be
obligated to provide subsidies to cure any deficiencies in funding of
property-related services provided  in   within
 the  district's  jurisdiction  of a
district, as defined,  under any of certain specified
circumstances. This bill would provide that this prohibition would
not apply if the  district's   county's 
governing board had agreed to subsidize the  district's 
services before the completion of a majority protest proceeding or
election, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 53757 is added to the Government Code, to read:

   53757.  (a) A  district   county  shall
not be obligated to provide subsidies to cure any deficiencies in the
funding of property-related services provided within  the
  a  district's jurisdiction, if any of the
following conditions exist:
   (1) The district's governing board proposed to impose, extend, or
increase property-related fees or charges for the services, the board
fully complied with Section 6 of Article XIII D of the California
Constitution, and a majority of parcel owners submitted a written
protest against the proposed imposition, extension, or increase,
pursuant to subdivision (a) of Section 6 of Article XIII D of the
California Constitution.
   (2) The district's governing board proposed to impose, extend, or
increase property-related fees or charges for the services, the board
fully complied with Section 6 of Article XIII D of the California
Constitution, and the proposed imposition, extension, or increase
failed to get voter approval pursuant to subdivision (c) of Section 6
of Article XIII D of the California Constitution.
   (3) Property-related fees or charges for the services that
 comply   fully complie   d  with
Section 6 of XIII D of the California Constitution were reduced or
repealed by the voters by an initiative pursuant to Section 3 of
Article XIII C of the California Constitution.
   (b) Subdivision (a) shall not apply if the  district's
  county's  governing board had undertaken the
obligation to subsidize the services before the completion of a
majority protest proceeding or election described in paragraph (1),
(2), or (3) of subdivision (a).
   (c) For purposes of this section, "fully  complies
  complied  with Section 6 of Article XIII D of the
California Constitution" means all of the following:
   (1) Revenues derived from the proposed fee or charge do not exceed
the funds required to provide the property-related service.
   (2) Revenues derived from the fee or charge are not used for any
purpose other than that for which the fee or charge was imposed.
   (3) The amount of the fee or charge imposed on any parcel or
person as an incident of property ownership does not exceed the
proportional cost of the service attributable to the parcel or
person.
   (4) The fee or charge is not imposed for a service unless and
until that service is actually used by, or immediately available to,
the property owner in question.
   (5) The fee or charge is not imposed for general government
services if the service is available to the public at large in
substantially the same manner it is to property owners.
   (6) The district has identified all parcels upon which the fee or
charge is proposed and calculated the amount of the fee or charge to
be imposed upon each identified parcel.
   (7) The district has provided a written notice by mail of the
proposed fee or charge to the record owner of each identified parcel,
in conformance with subdivision (c) of Section 6 of Article XIII D
of the California Constitution, and provided for all required
hearings.
   (d) For purposes of this section, "district" shall mean a local
governmental entity created for the purpose of providing sidewalks,
streets, sewers, water, flood control, drainage systems, or vector
control services within its jurisdiction with a governing board that
has the same members as the board of supervisors for the county in
the overlapping geographical area.