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COB Committee Opposes SB1329

On March 28, Senator Bob Hertzberg of Van Nuys gutted and amended his SB 1329 to now establish the right to appeal all issues in an assessment appeal involving locally assessed certificated aircraft, including issues of value, to the Superior Court.  If successful, this would be the first instance where the decisions of the county board of equalization or assessment appeals board affecting value would be subject to a full re-trial in the courts. 

Under current statutory and constitutional law, the Superior Court is limited to reviewing legal issues and claims that the county board acted capriciously or with bias.  SB 1329 would amend Revenue and Taxation Code Section 5170 to provide that the court shall not be restricted to simply reviewing the administrative record established the county board, but shall consider all evidence relating to the valuation of aircraft owned and operated by airlines and air cargo companies.  Thus, the administrative hearing would become an expensive (for counties) and rather meaningless stop on the parties’ way to the Superior Court.

The last similar legislation of memory was in 1995 and 1996.  Those bills would have created a trial de novo for all locally assessed property.  The bills were opposed by counties, CACEO and assessors and were defeated, insofar as their do novo provisions were concerned.

De novo review of county board decisions has been generally viewed as being unconstitutional.  Over the years, the courts have ruled that the county boards are “creatures of the constitution” that function as fact-finding bodies established by law to remedy disputes of value in equalizing the property tax roll.  Thus, the courts have no standing to review their factual findings affecting the value of property.

Last week, CACEO’s Clerk of the Board Legislative Committee voted to oppose SB 1329.  The committee urges all clerks to bring this bill to the attention of their counties and to urge their counties to likewise oppose the bill.  Even if a county has no airport used by certificated aircraft, the county should still oppose this bill as a camel’s nose in the tent.  If this legislation were to become law, it would be a very short time before all appeals of commercial/industrial property, or even all property subject to the property tax, would become subject to the same court review.

 

New Co-Chair and Election Legislation Update

SB 450, the Vote Center bill still continues to lead the discussion at our meetings.  There have been some suggested amendments on the ratios of voters to vote centers and we are expecting to see these in print soon, with a Hearing scheduled sometime in April.

SB 967, the bill that would pay for special elections passed out of Committee but it now heads to Appropriations.  CACEO has taken a support position on this bill.

AB 2911, is the longest bill.  It is 51 pages clarifying what is a state or a county voter information guide.  Thanks to John Gardner and his committee for this clean-up language.

Another bill, AB 2265, was also a proposal from CACEO.  Cathy Darling Allen and Gail Pellerin proposed to allow the county counsel when preparing the impartial analysis to clarify what a yes vote means and what a no vote means.

Other bills cover allowing 16 and 17 year olds to vote in school board elections, felon voting rights, who can return a vote by mail ballot, expanding San Diego’s all mail ballot pilot to fill special vacancies and make it available state wide, and the daily posting of precinct results during the canvass.  You can see a complete list of the bills and their status on the CACEO website at caceo58.org.

 
April 2016

CRAC Votes to Rejoin CACEO New Law

Combining New Law would occur in 2018

In March the County Recorders’ Association of California Board of Directors voted to rejoin the CACEO New Law meeting in 2018. CACEO will work with CRAC on options to amend our existing hotel contracts.

Neal Kelley
President, Registrar of Voters, Orange County

County Clerk Policy Work

The County Clerk sponsored bills are moving and there has been a lot of action, but there is work needed to address policy issues, which should be completed by April 22nd.

COB Committee Opposes SB1329

Bill would subject assessment appeals board decisions to a full re-trial in the courts in certain instances. The danger is that it could expand to all appeals.
Read more >

New Co-Chair and Legislation Update

Tricia Webber joins committee as co-chair

Jill Lavine offers personal thanks to Karen Rhea for her work on the Legislation Committee. With Karen stepping down, Tricia Webber has hit the ground running with the Legislation Session in full swing. The committee is tracking multiple bills - Read more >
Current CACEO Members: 821  | PRINC: 124  | DEP: 504 | ASSOC: 47

FVAP Training April 26th to Offer Full Day of In-Depth Learning

CACEO regional training continues on April 26th in Orange County with a full day of Federal Voting Assistance Program training (10 a.m. to 4 p.m.). Training will include a “process mapping exercise” that will identify the underlying process workflow for the FPCA and FWAB and present active troubleshooting for the most common types of problems. This training will be broadcast live on CACEO’s website.
 
February 2016

CACEO Panel Discussion Viewed by 250+

CACEO event at UCLA successful

Last month's CACEO panel discussion drew over 250 views (both in-person and online). The conversation included continued discussion on vote centers, technology to improve turnout and how California's voters might engage in the upcoming elections. View the archived broadcast online.

Neal Kelley
President, Registrar of Voters, Orange County

Clerk Committee Proposals

The Clerk Legislative Committee is off to a good start for 2016. The Committee has opted to sponsor six proposals for the 2016 session. For more info regarding the proposals contact the committee co-chairs Donna Allred or Victoria Rodriguez.

PRA Bill May Pose Problems

The Clerk of the Board of Supervisors Legislative Committee is currently reviewing AB1709 to examine whether the bill would make simple PRA records requests unnecessarily  burdensome. Click to read more.

FOCE Conference Next Week

Last chance to register  

FOCE's annual conference brings together election administrators, community organizations, and reform advocates to discuss the latest developments in the field of elections. The 2016 conference will be your chance to learn new ways to serve our diverse electorate here in California. Register today by clicking here!
Current CACEO Members: 821  | PRINC: 124  | DEP: 504 | ASSOC: 47

Regional Training and Annual Meeting

Take advantage of the explosion of social media - and what is sure to be a focal point in the upcoming elections - and learn about how to leverage social media for your organization. CACEO is hosting training in Sacramento on February 17th and in Orange County on February 19th. Call 714-567-7620 for details or to reserve your space. Mark your calendars for our annual conference, taking place July 11-15, 2016 in Redondo Beach.
 

New Public Records Act Bill May Pose Problems

Recently Assemblymember Eric Linder of Corona introduced AB 1707, a California Public Records Act bill. AB 1707 would amend Section 6255 of the Government Code to require an agency to respond in writing to all public records requests, oral or written, when the agency determines that the request must be denied, in whole or in part, because the record(s) contain information that is not disclosable pursuant to the act. The bill would require that the response include the title or other identifying information of each record requested but withheld due to an exemption and the specific exemption that applies to that record.

The Clerk of the Board of Supervisors Legislative Committee is currently reviewing the bill to examine whether the bill would make simple at-the-counter records requests unnecessarily burdensome, and whether the bill should be amended to make it more manageable. Clerks wishing to weigh in on the bill can contact any member of the COB Leg. Committee or John McKibben at (213) 200-9610.

 
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