BILL ANALYSIS                                                                                                                                                                                                    Ó






                           SENATE COMMITTEE ON ELECTIONS 
                            AND CONSTITUTIONAL AMENDMENTS
                           Senator Norma J. Torres, Chair


          BILL NO:   SCA 11               HEARING DATE:  6/18/13
          AUTHOR:    HANCOCK              ANALYSIS BY:   Darren Chesin
          AMENDED:   5/21/13
          FISCAL:    NO
          
                                        SUBJECT
           
          Local government: special taxes: voter approval

                                     DESCRIPTION  
          
           Existing law  , pursuant to the California Constitution, provides  
          that taxes levied by local governments are either general taxes,  
          subject to majority approval of its voters, or special taxes,  
          subject to 2/3 vote.  Proposition 13 of 1978 required a 2/3 vote  
          of each house of the Legislature for state tax increases, and a  
          2/3 vote of local voters for local special taxes.  Proposition  
          62 of 1986 prohibited local agencies from imposing general taxes  
          without majority approval of local voters, and a 2/3 vote for  
          special taxes.  Proposition 218 of 1996 extended those vote  
          thresholds to charter cities, and limited local agencies' powers  
          to levy new assessments, fees, and taxes. Local agencies  
          generally propose to increase taxes by adopting an ordinance or  
          a resolution at a public hearing.  The Constitution further bars  
          school districts from imposing general taxes, but allows school  
          districts, community college districts, and county offices of  
          education to issue bonded indebtedness for school facilities  
          with 55% approval (Proposition 39 of 2000).

           This constitutional amendment  would lower the vote threshold for  
          local agencies imposing, extending, or increasing any special  
          tax from 2/3 to 55% provided all of the following requirements  
          are met:

           The ballot proposition contains a specific list of programs  
            and purposes to be funded, and a requirement that tax proceeds  
            be spent solely for those programs and purposes.

           The ballot proposition includes a requirement for annual  
            independent audit of the amount of tax proceeds collected and  
            the specified purposes and programs funded.










           The ballot proposition requires the governing board to create  
            a citizens' oversight committee to review all expenditures of  
            proceeds and financial audits, and report its findings to the  
            governing board and public.

          This measure also makes other conforming changes to the  
          Constitution.
                                           
                                     BACKGROUND  
          
           Majorities and Super Majorities  .  Majority rule is a two-edged  
          sword: democratically elected governments are supposed to enact  
          policies that the voters want, but both federal and state  
          systems of government restrict the majority's ability to oppress  
          a minority interests.  For the great majority of public issues,  
          fifty-percent plus one of a legislative body or an electorate  
          rule.  But for some issues, the United States and California  
          Constitutions provide that a majority is not enough and a higher  
          threshold is necessary, such as amending the U.S. Constitution,  
          removing a president from office, ratifying a treaty, or  
          overriding a veto.

          States largely import the 2/3 vote from the U.S. Constitution  
          into their own for those same purposes, but also require 2/3  
          vote on taxes or other measures.  In a series of voter  
          initiatives, Californians have elevated local special tax  
          increases and legislatively enacted state tax increases to this  
          level, while almost every other change to the law can be enacted  
          by majority vote; local agencies can enact general taxes, and  
          voters can approve tax initiatives increasing state taxes by  
          majority vote, as they did with Proposition 30 of 2012.  As  
          such, local agencies need a majority vote to assess taxes and  
          spend the proceeds on whatever purposes they want to, but 2/3 if  
          they restrict the use of the tax proceeds.  Super majorities of  
          the Legislature are necessary to increase taxes, but only  
          majorities of voters can.

                                       COMMENTS  
           
          According to the Author  :  "SCA 11 would lower the vote threshold  
          for increasing most special taxes from 2/3 to 55%.  By doing so,  
          it would align the general requirement with that of school bonds  
          under Proposition 39.  It would lower the burden on cities,  
          SCA 11 (HANCOCK)                                                  
                                      Page 2









          counties, and special districts to increase revenue for needed  
          local services provided to Californians.  It would apply to  
          nearly all services, from schools, to transportation, to public  
          safety agencies.  SCA 11 would not mandate any increase on  
          special taxes.  Cities, counties, and special districts would  
          still have to place proposals on the ballot, and local voters  
          would still have to approve them.  The existing exceptions to  
          the 2/3 rule (for instance, sales taxes on real property sales)  
          under Prop. 13 would remain in place.

          The only change SCA 11 makes in existing law is to lower the  
          vote threshold so that 55% of local voters can choose to  
          increase revenue for their city, county or special district."

           Related Legislation  .  SCA 3 (Leno) which is also on today's  
          agenda allows school districts, community college districts, and  
          county offices of education to levy parcel taxes by a 55% vote.   
          SCA 4 (Liu), which is pending in the Senate Committee on  
          Transportation and Housing, allows local agencies to levy,  
          extend, or increase special taxes by a 55% vote for local  
          transportation projects.  SCA 7 (Wolk) which is also on today's  
          agenda authorizes cities, counties, or special districts to  
          impose a special tax by a 55% vote of the voters and to issue  
          bonded indebtedness to construct, reconstruct, rehabilitate, or  
          replace public libraries.  SCA 8 (Corbett), which is also  
          pending in the Senate Committee on Transportation and Housing,  
          allows local agencies to levy, 
          extend, or increase special taxes by a 55% vote for local  
          transportation projects.  SCA 9 (Corbett) which is also on  
          today's agenda allows local agencies to levy, extend, or  
          increase special taxes by a 55% vote for community and economic  
          development projects.

                                     PRIOR ACTION
           
          Senate Governance and Finance Committee 5-1
                                           
                                      POSITIONS  

          Sponsor: Author

          Support:  Alameda County Transportation Commission
                    Alameda-Contra Costa Transit District
                    American Federation of State, County and Municipal  
          SCA 11 (HANCOCK)                                                  
                                      Page 3









                    Employees (AFSCME)
                    Association of California Construction Managers
                    Association of California Healthcare Districts
                    Association of California Water Agencies
                    California Association of Zoos and Aquariums
                    California Center for Public Health Advocacy
                    California Coalition for Adequate School Housing
                    California Labor Federation
                    California Park and Recreation Society
                    California Professional Firefighters
                    California Special Districts Association
                    California State Association of Counties
                    California Transit Association
                    California Watershed Coalition
                    Chabot Space and Science Center
                    Chino Valley Independent Fire District
                    City and County of San Francisco
                    City of Fairfield
                    City of Rancho Cordova
                    City of San Jose
                    Contra Costa County Fire Protection District
                    Cosumnes Community Services District
                    Cordova Recreation and Park District
                    Cucamonga Valley Water District
                    Desert Recreation District
                    East Bay Municipal Utility District
                    East Bay Regional Park District
                    East Bay Zoological Society
                    Fulton-El Camino Recreation and Park District
                    Glendale City Employees Association
                    Hesperia Recreation and Park District
                    Idyllwild Fire Protection District


                    League of California Cities
                    Leucadia Wastewater District
                    Little Lake Fire Protection District
                    Livermore Area Recreation and Park District
                    Metropolitan Transportation Commission
                    Napa County Transportation & Planning Agency/Napa  
                    Valley Transportation Authority
                    Olivehurst Public Utility District
                    Palos Verdes Library District
                    Reclamation District No. 1000
          SCA 11 (HANCOCK)                                                  
                                      Page 4









                    Running Springs Water District
                    San Bernardino Public Employees Association
                    San Luis Obispo County Employees Association
                    Santa Clara County Board of Supervisors
                    Santa Clara County Open Space
                    Santa Rosa City Employees Association
                    Small School Districts Association
                    Three Valleys Municipal Water District
                    Tomales Village Community Services District


          Oppose:   American Council of Engineering Companies
                    Apartment Association California Southern Cities
                    Apartment Association of Orange County
                    California; Apartment Association of Greater Los  
                    Angeles
                    Association of California Life and Health Insurance  
                    Companies
                    California Ambulance Association
                    California Apartment Association
                    California Association of Realtors
                    California Business Properties Association
                    California Chamber of Commerce
                    California Grocers Association
                    California Healthcare Institute
                    California Manufacturers and Technology Association
                    California Restaurant Association
                    California Retailers Association
                    California Taxpayers Association
                    California Association of Winegrape Growers
                    Camarillo Chamber of Commerce
                    East Bay Rental Housing Association
                    Howard Jarvis Taxpayers Association; 
                    National Federation of Independent Business
                    Nor Cal Rental Property Association
                    Orange County Business Council
                    San Diego County Apartment Association
                    Santa Barbara Rental Property Association
                    Union Pacific Railroad;
                     Western Manufactured Housing Communities Association




          SCA 11 (HANCOCK)                                                  
                                      Page 5




















































          SCA 11 (HANCOCK)                                                  
                                      Page 6