BILL ANALYSIS
ACA 15
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ASSEMBLY THIRD READING
ACA 15 (Arambula)
As Introduced March 10, 2009
2/3 vote
LOCAL GOVERNMENT 5-2 APPROPRIATIONS 12-5
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|Ayes:|Caballero, Arambula, |Ayes:|De Leon, Ammiano, Charles |
| |Davis, Krekorian, Skinner | |Calderon, Davis, Fuentes, |
| | | |Hall, John A. Perez, |
| | | |Price, Skinner, Solorio, |
| | | |Torlakson, Krekorian |
| | | | |
|-----+--------------------------+-----+---------------------------|
|Nays:|Knight, Duvall |Nays:|Nielsen, Duvall, Harkey, |
| | | |Miller, |
| | | |Audra Strickland |
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SUMMARY : Lowers the constitutional vote requirement for
approval of a special tax specifically for providing funding for
local transportation projects from two-thirds to a
55% majority.
EXISTING LAW :
1)Authorizes cities, counties, and special districts to impose a
general tax for general governmental purposes with the
approval of a majority of the voters.
2)Authorizes cities, counties, and special districts to impose a
special tax for specified purposes with the approval of
two-thirds of the voters.
3)Authorizes local entities to incur school bonded indebtedness
with the approval of 55% of the voters voting on the measure
as an exception to the two-thirds voter threshold for special
taxes.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Moderate GF costs of about $220,000 in 2009-10 to the
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Secretary of State to place this measure in the statewide
election voter pamphlet. This estimate assumes about four
pages at $55,000 per page.
2)Potentially substantial local government special tax revenue
increase, to the extent that lowering the voter approval
threshold from two-thirds to 55% results in the approval of
more special tax measures.
COMMENTS : Constitutional requirements for voter approval of tax
measures were initiated with the passage of Proposition 13 in
1978, and solidified with the passage of Proposition 218 in
1996. The latter measure clarified that general taxes for
general governmental purposes require approval of a majority of
voters, while special taxes for any specified purposes must be
approved by two-thirds of voters. Proposition 39, which was
narrowly approved by 53% of California voters in 2000, provided
an exception to the two-thirds vote requirement for special
taxes by authorizing the passage of local school bond measures
by approval of 55% of the voters.
This bill would amend the State Constitution to lower the
constitutional vote requirement from two-thirds to 55% for
approval of a special tax that will provide funding for local
transportation projects. The author maintains that this bill
will provide local government and residents with the ability to
make vital investments in local transportation projects while
providing economic stimulus to their region. Further, the
author notes that "in order to renew or establish new funding
sources, local governments face the daunting task of obtaining a
two-thirds approval of voters. Despite being supported by a
strong majority of the community and regardless of their
community importance these measure are at the mercy of a small
minority of the voters and often fail by narrow margins."
Shifting to a 55% vote for special taxes and bond indebtedness
has been tried several times in the last 10 years. Among other
bills, ACA 7 (Nation) from the 2005-06 session, would have
lowered the constitutional vote requirement from two-thirds to
55% for any special tax. ACA 10 (Feuer) of 2008 would have
created an additional exception to the 1% ad valorem property
tax, approved with 55% of the voter approval for transportation
projects. There are currently several other measures revising
the constitutional voting threshold for different purposes
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pending in the Senate and Assembly: ACA 10 (Torlakson), ACA 9
(Huffman), SCA 12 (Kehoe), and SCA 6 (Simitian).
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958
FN: 0001154