California 2011-2012 Regular Session

California Senate Bill SB552 Latest Draft

Bill / Amended Version Filed 04/26/2011

 BILL NUMBER: SB 552AMENDED BILL TEXT AMENDED IN SENATE APRIL 26, 2011 INTRODUCED BY Senator Huff FEBRUARY 17, 2011 An act to amend Section 53324 of the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGEST SB 552, as amended, Huff. Local government: Mello-Roos Community Facilities Act of 1982. Existing law, the Mello-Roos Community Facilities Act of 1982, provides that if 50% or more of the registered voters, or 6 registered voters, whichever is more, residing within the territory proposed to be included in a community facilities district, or the owners of 1/2 or more of the area of the land in the territory proposed to be included in a district and not exempt from the proposed special tax, file written protests against the establishment of the district, no further proceeding to create the district or to impose the special tax may be taken for a period of one year from the date of the decision of the legislative body, as specified. This bill would prohibit offering a voter or landowner, and would prohibit a voter or landowner from accepting or receiving, consideration to  file a protest, to withdraw a protest, or to  forgo the filing of a protest. 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 53324 of the Government Code is amended to read: 53324. If 50 percent or more of the registered voters, or six registered voters, whichever is more, residing within the territory proposed to be included in the district, or the owners of one-half or more of the area of the land in the territory proposed to be included in the district and not exempt from the special tax, file written protests against the establishment of the district, and protests are not withdrawn so as to reduce the value of the protests to less than a majority, no further proceedings to create the specified community facilities district or to authorize the specified special tax shall be taken for a period of one year from the date of the decision of the legislative body. If the majority protests of the registered voters or of the landowners are only against the furnishing of a specified type or types of facilities or services within the district, or against levying a specified special tax, those types of facilities or services or the specified special tax shall be eliminated from the resolution of formation. A voter or landowner shall not be offered, and shall not accept or receive, consideration to  file a protest, to withdraw a protest, or to  forgo the filing of a protest.