Bill Text: CA ACA23 | 2011-2012 | Regular Session | Amended
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-Amended.html
BILL NUMBER: ACA 23 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 20, 2012
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 amended, 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 , as
defined, requires the approval of 55% of its voters voting on
the proposition. The measure would also make conforming and
technical, nonsubstantive changes. This measure would also
provide that it shall become effective immediately upon approval by
the voters and shall apply to any local measure imposing, extending,
or increasing a special tax for local transportation projects
submitted at the same election.
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. SEC. 4. Except as
otherwise provided by Section 2 of Article XIII C, a city, county, or
special district, by a two-thirds vote of its voters voting on the
proposition, may impose a special tax within that city, county, or
special district, except an ad valorem tax on real property or a
transactions tax or sales tax on the sale of real property within
that city, county, or special district.
Second-- That Section 2 of Article XIII C thereof is amended to
read:
SEC. 2. Notwithstanding any other provision of this
Constitution:
(a) A tax imposed by any local government is either a general tax
or a special tax. A special district or agency, including a school
district, has no authority to levy a general tax.
(b) A local government 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 is not 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, 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 is held no later than November 6, 1998, and in
compliance with subdivision (b).
(d) (1) Except as otherwise provided in paragraph (2), a local
government shall not impose, extend, or increase any special tax
unless and until that tax is submitted to the electorate and approved
by two-thirds of the voters voting on the proposition. A special tax
is not deemed to have been increased if it is imposed at a rate not
higher than the maximum rate so approved.
(2) (A) 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.
(B) For purposes of this paragraph, "local transportation project"
means the planning, design, development, financing, construction,
reconstruction, rehabilitation, improvement, acquisition, lease,
operation, or maintenance of local streets, roads, and highways,
state highways and freeways, and public transit systems.
Fourth -- This measure shall become
effective immediately upon approval by the voters and shall apply to
any local measure imposing, extending, or increasing a special tax
for the funding of local transportation projects that is
submitted at the same election.
