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Bonta Bill Back from the Beyond

18th Assembly District Representative Rob Bonta

18th Assembly District Representative Rob Bonta

Assemblymember Rob Bonta resurrected bill AB 59 by amending it and reintroducing it today. The bill, originally introduced to stave-off a mass refund of Measure H (2008) parcel tax revenues collected by the Alameda Unified School District, went nowhere in the first round.

Action Alameda News previously reported that Bonta’s bill, which tried to retroactively change the rules for school parcel taxes, was likely unconstitutional.

The bill was never voted on, was never heard in committee, and late last year was adjourned sine die, meaning there would be no further legislative action on it.

But this morning, the legislative record shows that the bill has been amended and reintroduced, with the previous language stripped, and replaced with language that “would replace certain terms used to describe the laws relating to the presentment of claims against local public entities with the terms enactment and resolution, as specified.”

It’s not yet clear if the reintroduction is a continued rear-guard action against the success of the Borikas lawsuit against the Alameda Unififed School District over the different tax structures that Measure H applied to commercial and residential property owners.

But there may be a hint in Bonta’s proposed changes to the language of Section 935 of the California Government Code, which currently reads, “935. (a) Claims against a local public entity for money or damages which are excepted by Section 905 from Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of this part, and which are not governed by any other statutes or regulations expressly relating thereto, shall be governed by the procedure prescribed in any charter, ordinance or regulation adopted by the local public entity.”

AB 59 now proposes changing “charter, ordinance or regulation” to “enactment or resolution.”

Its unclear at this time if this would allow the Alameda Unified School District to pass a resolution that would impact the ability of the Borikas plaintiffs to actually collect the tax refund the courts said they are owed, or if it would only affect future claims against the school district.

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