SB 1072

  • California Senate Bill
  • 2023-2024 Regular Session
  • Introduced in Senate Feb 12, 2024
  • Passed Senate May 22, 2024
  • Assembly
  • Governor

Local government: Proposition 218: remedies.

Abstract

The California Constitution sets forth various requirements for the imposition of local taxes. The California Constitution excludes from classification as a tax assessments and property-related fees imposed in accordance with provisions of the California Constitution that establish requirements for those assessments and property-related fees. Under these requirements, an assessment is prohibited from being imposed on any parcel if it exceeds the reasonable cost of the proportional special benefit conferred on that parcel, and a fee or charge imposed on any parcel or person as an incident of property ownership is prohibited from exceeding the proportional cost of the service attributable to the parcel. Existing law, known as the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local compliance with the requirements of the California Constitution for assessments and property-related fees. This bill would require a local agency, if a court determines that a fee or charge for a property-related service, as specified, violates the above-described provisions of the California Constitution relating to fees and charges, to credit the amount of the fee or charge attributable to the violation against the amount of the revenues required to provide the property-related service, unless a refund is explicitly provided for by statute. The bill would declare that these provisions are declaratory of existing law. This bill would declare that its provisions further the purposes and intent of Proposition 218, approved by the voters at the November 5, 1996, statewide general election, and the Proposition 218 Omnibus Implementation Act.

Bill Sponsors (1)

Votes


Actions


May 23, 2024

Assembly

In Assembly. Read first time. Held at Desk.

May 22, 2024

Senate

Read third time. Passed. (Ayes 31. Noes 5.) Ordered to the Assembly.

May 02, 2024

Senate

Read second time. Ordered to third reading.

May 01, 2024

Senate

From committee: Do pass. (Ayes 4. Noes 1. Page 3820.) (May 1).

Apr 24, 2024

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on L. GOV.

Apr 17, 2024

Senate

Set for hearing May 1.

Feb 21, 2024

Senate

Referred to Com. on L. GOV.

  • Referral-Committee
Com. on L. GOV.

Feb 13, 2024

Senate

From printer. May be acted upon on or after March 14.

Feb 12, 2024

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB1072 HTML
02/12/24 - Introduced PDF
04/24/24 - Amended Senate PDF

Related Documents

Document Format
04/26/24- Senate Local Government PDF
05/02/24- Sen. Floor Analyses PDF

Sources

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