The SDCBA Impacts State Legislative Process

Eight out of 12 SDCBA legislative proposals were approved by the Conference of California Bar Associations (CCBA) at this year’s annual CCBA conference. The CCBA, a statewide organization of attorneys representing over 30 metropolitan, regional, and specialty bar associations, comprises volunteer attorneys from all legal practice areas dedicated to serving justice in California by developing creative, non-partisan solutions to law-related issues.

The SDCBA Legislative Committee proposes changes to the law that get voted on at the annual conference. Those that are approved are then up for consideration to be part of CCBA’s Legislative Program. This year, CCBA has sponsored three bills signed into law, including SB 501, which originated from a proposal by the SDCBA Legislative Committee. Two other bills sponsored by CCBA are now two-year bills, meaning further consideration will occur next year; six other bills that CCBA supported have been signed, and one has become a two-year bill.

The eight SDCBA proposals approved by CCBA this year are as follows:

1. Faithless Elector Law: Currently, California fines its electors in the electoral college who do not vote for the candidate who received the most votes in California. This proposal would add a process by which a new elector would replace any such elector.

2. Standards of Review for Administrative Agencies: Currently, various governmental agencies regulate professional licensees and have free discretion to reject an Administrative Law Judge’s (ALJ’s) decision on discipline matters. This proposal would require governmental agencies to use appellate standards of review when reviewing an ALJ’s decision (substantial evidence for facts, abuse of discretion for discretionary decisions, and de novo for conclusions of law) and articulate in writing the reasons for the agency’s decision.

3. Sliding Scale for Government Claims Fee Waivers: Currently, the California Government Claims Board charges $25 to file a form and preserve claims against the state. The fee is waived for claimants who make at most 125% of the poverty line and inmates who have an average of $100 or less in their accounts for the past 90 days. The fee is $25 or $0. This proposal would provide a phased imposition for such claimants; claimants would pay 25% of every dollar they make or have above the threshold, still capped at $25.

4. Term Limits for HOA Members: Currently, with SB 432 just signed, the law allows Homeowners Associations (HOA’s) boards to adopt term limits for board members. This proposal would allow the HOA members to collect signatures and approve term limits.

5. Prohibiting HOA’s from Using Funds for Campaign Purposes: Current law prohibits HOA funds from being used for campaign purposes, but “campaign purposes” are limited to expressly advocating for the election or defeat of any candidate and is ambiguous about when. This proposal removes the limit of “expressly” advocating, expands it to the approval or defeat of a ballot measure, and specifies the prohibition is from 60 days before the ballots are distributed to when the ballots are counted.

6. Ensuring No HOA Pre-Counting Ballot Review: Current law prohibits HOA’s from opening or reviewing any ballot before they are supposed to be counted. To ensure voter privacy, ballots are put in an unmarked inner envelope, which is put in an outer envelope with the voter’s name and signature. Current law is ambiguous on whether the prohibition on opening/reviewing applies to both the outer and inner envelope, or just the inner. If the outer ones are opened before counting, it opens the door to someone swapping them out for counterfeit ballots. This proposal would ensure that neither the outer nor inner envelope can be opened before counting.

7. Clarifying Statute of Limitations on HOA Election Procedure Challenge: Under current law, HOA members have one year to challenge the procedures of their elections after the election inspector notifies the board and the members of the election results. However, current law also requires the board, not the inspector, to notify the members of the results. This proposal would clarify that the statute of limitations is one year after the board notifies the members of the results.

8. Making HOA Agenda Packets Available Ahead of Board Meeting: Current law does not require HOA’s to provide their members with supporting documents of an upcoming board meeting’s agenda. This proposal requires they do precisely that.

Having been approved by the Conference, these proposals are now up for consideration to be included in CCBA’s Legislative Program, which will determine whether CCBA will work to find a legislator to introduce them as bills.