Bill Text: CA ACA23 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Local government transportation projects: special taxes:

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-08-22 - Ordered to inactive file at the request of Assembly Member Perea. [ACA23 Detail]

Download: California-2011-ACA23-Introduced.html

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BILL NUMBER: ACA 23	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Perea

                        FEBRUARY 23, 2012

   A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 4
of Article XIII A thereof, and by amending Section 2 of Article XIII
C thereof, relating to taxation.



	LEGISLATIVE COUNSEL'S DIGEST


   ACA 23, as introduced, Perea. Local government transportation
projects: special taxes: voter approval.
   The California Constitution conditions the imposition of a special
tax by a city, county, or special district upon the approval of 2/3
of the voters of the city, county, or special district voting on that
tax, except that certain school entities may levy an ad valorem
property tax for specified purposes with the approval of 55% of the
voters within the jurisdiction of these entities.
   This measure would provide that the imposition, extension, or
increase of a special tax by a local government for the purpose of
providing funding for local transportation projects requires the
approval of 55% of its voters voting on the proposition. The measure
would also make conforming and technical, nonsubstantive changes.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.



   Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2011-12 Regular Session
commencing on the sixth day of December 2010, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the State of California that the Constitution of the State be
amended as follows:
  First--  That Section 4 of Article XIII A thereof is amended to
read:
      Section 4.   Cities, Counties and special districts,
  Except as otherwise provided by Section 2 of Article
XIII     C, a city, county, or special district,
 by a two-thirds vote of  the qualified electors of such
district   its voters voting on the proposition  ,
may impose  special taxes on such district   a
special tax within that city, county, or special district  ,
except  an  ad valorem  taxes   tax
 on real property or a  transaction  
transactions  tax or sales tax on the sale of real property
within  such City, County   that city, county,
 or special district.
  Second--  That Section 2 of Article XIII C thereof is amended to
read:
      SEC. 2.   Local Government Tax Limitation. 
Notwithstanding any other provision of this Constitution:
   (a)  All taxes   A tax  imposed by any
local government  shall be deemed to be   is
 either  a  general  taxes   tax
 or  a  special  taxes. Special purpose
districts   tax. A special district  or 
agencies   agency  , including  a  school
 districts, shall have   district, has  no
 power   authority  to levy  a
general  taxes   tax  .
   (b)  No   A  local government 
may   shall not impose, extend, or increase any
general tax unless and until that tax is submitted to the electorate
and approved by a majority vote. A general tax  shall
  is  not  be  deemed to have been
increased if it is imposed at a rate not higher than the maximum
rate so approved. The election required by this subdivision shall be
consolidated with a regularly scheduled general election for members
of the governing body of the local government, except in cases of
emergency declared by a unanimous vote of the governing body.
   (c) Any general tax imposed, extended, or increased, without voter
approval, by any local government on or after January 1, 1995, and
prior to the effective date of this article,  shall 
 may  continue to be imposed only if  that general tax
is  approved by a majority vote of the voters voting in an
election on the issue of the imposition, which election 
shall be   is  held  within two years of
the effective date of this article   no later than
November 6, 1998,  and in compliance with subdivision (b).
   (d)  No   (1)     Except as
otherwise provided in paragraph (2), a  local government
 may   shall not  impose, extend, or
increase any special tax unless and until that tax is submitted to
the electorate and approved by  a  two-thirds
 vote   of the voters voting on the proposition
 . A special tax  shall   is  not
 be  deemed to have been increased if it is imposed
at a rate not higher than the maximum rate so approved. 
   (2) The imposition, extension, or increase of a special tax by a
local government for the purpose of providing funding for local
transportation projects under its jurisdiction, as may otherwise be
authorized by law, requires the approval of 55 percent of the voters
voting on the proposition. A special tax for the purpose of providing
funding for local transportation projects is not deemed to have been
increased if it is imposed at a rate not higher than the maximum
rate previously approved in the manner required by law. The
Legislature shall define local transportation projects for purposes
of this paragraph.