California 2011 2011-2012 Regular Session

California Assembly Bill AB1340 Amended / Bill

Filed 01/04/2012

 BILL NUMBER: AB 1340AMENDED BILL TEXT AMENDED IN ASSEMBLY JANUARY 4, 2012 INTRODUCED BY Assembly Member Lara FEBRUARY 18, 2011 An act relating to the City of Bell. LEGISLATIVE COUNSEL'S DIGEST AB 1340, as amended, Lara. City of Bell: Sanitation and Sewerage System District: unlawful increases and charges. Existing law authorizes the legislative body of a city or county to seek voter approval for assessments to cover the cost of certain improvements, including sanitation and sewer projects. This bill would require the Sanitation and Sewerage System District in the City of Bell to return all funds attributable to unlawful increases in assessment rates approved and charged  during   for  the  fiscal years 2007 to 2010, inclusive,   2007-08, 2008-09, and 2009-10 fiscal years  to those  residents   property owners  affected by those unlawful increases. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Bell. 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. (a) The Legislature hereby finds and declares that pursuant to the Controller's audit report, City of Bell: Audit Report: Administrative and Internal Accounting Controls, that the City of Bell illegally adopted higher assessment rates for the Sanitation and Sewerage System District  during   for  the 2007-08, 2008-09, and 2009-10 fiscal years. (b) The Sanitation and Sewerage System District in the City of Bell shall return all funds attributable to unlawful increases in assessment rates approved and charged  during the fiscal years 2007 to 2010, inclusive,   for the 2007-08, 2008-09, and 2009-10 fiscal years  to those  residents   property owners  affected by those unlawful increases. SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances encountered by the City of Bell with respect to the collection of assessments.