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SB-1667 Legislation: taxes and fees: vote requirement.(2003-2004)

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CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Senate Bill
No. 1667

Introduced  by  Senator Aanestad

February 20, 2004

An act to add Section 9501.7 to the Government Code, relating to governmental charges.


LEGISLATIVE COUNSEL'S DIGEST


SB 1667, as introduced, Aanestad. Legislation: taxes and fees: vote requirement.
The California Constitution requires that any change in state taxes enacted for the purpose of increasing revenues collected by the state, whether by increasing the state tax rate or changing the method of computation of state taxes, may not be enacted without a vote of 2/3 of each house of the Legislature. There is no comparable vote requirement that applies to a bill that imposes a state regulatory fee.
This bill would codify the 2/3 vote requirement that applies to state taxes, as defined, and would apply a corresponding 2/3 vote requirement to statutes imposing, increasing, or extending a state fee, as defined.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 9501.7 is added to the Government Code, to read:

9501.7.
 (a) A statute that would make changes in state taxes enacted for the purpose of increasing revenues collected pursuant thereto, whether by increased rates or changes in methods of computation, or imposes, increases, or extends a state fee, may not be passed unless that statute is approved by a two-thirds vote of the entire membership of each of the two houses of the Legislature.
(b) For purposes of this section:
(1) “Changes in state taxes enacted for the purpose of increasing revenues collected pursuant thereto” has the same meaning as in Section 3 of Article XIII A of the California Constitution.
(2) “State fee” means any monetary exaction, other than a tax, that is imposed, collected, and administered by the state for expenditures incurred in the provision of state regulatory or other public services.