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SCA-6 Local transportation measures: special taxes: voter approval.(2017-2018)

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SCA6:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Constitutional Amendment No. 6


Introduced by Senator Wiener

February 13, 2017


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 transportation.


LEGISLATIVE COUNSEL'S DIGEST


SCA 6, as introduced, Wiener. Local transportation measures: 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 require that the imposition, extension, or increase of a special tax by a local government for the purpose of providing funding for transportation purposes, as specified, be submitted to the electorate and approved by 55% of the voters voting on the proposition. The measure would also make conforming and technical, nonsubstantive changes.
Vote: 2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

Resolved by the Senate, the Assembly concurring, That the Legislature of the State of California at its 2016–17 Regular Session commencing on the fifth day of December 2016, 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,

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 the qualified electors of such district, its voters voting on the proposition, may impose special taxes on such district, except ad valorem taxes a special tax within that city, county, or special district, except an ad valorem 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 either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. 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) 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 November 6, 1996, 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 held within two years of the effective date of this article is held no later than November 6, 1998, and in compliance with subdivision (b).
(d) No local government may (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 a two-thirds vote. two-thirds of the voters voting on the proposition. A special tax shall not be is not 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, as may otherwise be authorized by law, by a local government for the purpose of providing funding for transportation purposes requires the submittal of the tax to the electorate and approval of 55 percent of the voters voting on the proposition. A tax provides funding for transportation purposes if 100 percent of the net revenues from the tax, after collection and administrative expenses, is dedicated to transportation programs and projects.