SCA 3 Senate Constitutional Amendment

BILL NUMBER: SCA 3	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 20, 2013
	AMENDED IN SENATE  MAY 21, 2013

INTRODUCED BY   Senators  Leno,   
 Hill,     and Pavley
  Leno   and Steinberg 
   (Principal  coauthors:   Senators
  Corbett     and
Wolk   coauthor:   Senator   Wolk
 )
    (   Principal   coauthors:  
Assembly Members   Levine   and Stone   )

   (  Coauthors:   Senators 
 De León,     DeSaulnier,
    Evans,  
  Price,    and
Yee   Coauthor:   Senator   Galgiani
 )
   (  Coauthors:   Assembly Members
  Ammiano,    
Buchanan,     and Gordon 
 Coauthor:   Assembly Member   Logue  )

                        DECEMBER 3, 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, and by adding Section 4.5 to, Article XIII 
   A thereof, by amending Section 2 of
Article XIII     C thereof, and by
amending Section 3 of Article XIII   
 D thereof, relating to taxation.   A resolution
to propose to the people of the State of California an amendment to
the Constitution of the State, by amending Section 3 of Article I and
Section 6 of   Article XIII B thereof, relating to public
information. 


	LEGISLATIVE COUNSEL'S DIGEST


   SCA 3, as amended, Leno.  Taxation: educational entities:
parcel tax.   Public information.  
   The California Constitution provides that the people have the
right of access to information concerning the conduct of the people's
business. The California Constitution requires that the meetings of
public bodies and the writings of public officials and agencies be
open to public scrutiny. The California Constitution requires that
whenever the Legislature or any state agency mandates a new program
or higher level of service on any local government, the state shall
provide a subvention of funds to reimburse the local government for
the costs of the program or increased level of service. The
California Constitution exempts certain mandates from the requirement
to provide a subvention of funds.  
   The California Public Records Act (CPRA) provides that public
records are open to inspection at all times during the office hours
of the state or local agency that retains those records, and that
every person has a right to inspect any public record, except as
provided. The Ralph M. Brown Act (Brown Act) requires each
legislative body of a local agency to provide notice of the time and
place for holding regular meetings and requires that all meetings of
a legislative body be open and public. Under the act, all persons are
permitted to attend any meeting of the legislative body of a local
agency, unless a closed session is authorized.  
   This measure would require each local agency to comply with the
CPRA and the Brown Act, and with any subsequent statutory enactment
amending either act, enacting a successor act, or amending any
successor act which contains findings demonstrating that the
statutory enactment furthers the purposes of the people's right of
access to information concerning the conduct of the people's
business. The measure would specifically exempt mandates contained
within the scope of those acts, and certain subsequent statutory
enactments that contain findings demonstrating that the statutory
enactment furthers those same purposes, from the requirement to
provide a subvention of funds.  
   The California Constitution generally conditions the imposition of
a special tax by a city, county, or special district, including a
school district, upon the approval of 2/3 of the voters of the city,
county, or special district voting on that tax.  
   This measure would alternatively condition the imposition,
extension, or increase of a parcel tax, as defined, by a school
district, community college district, or county office of education
upon the approval of 55% of its voters voting on the proposition, if
the proposition meets specified requirements. This measure would also
make conforming changes to related provisions. 
   Vote: 2/3. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.



   Resolved by the Senate, the Assembly concurring, That the
Legislature of the State of California at its 2013-14 Regular Session
commencing on the third day of December 2012, 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 3 of Article I thereof is
amended to read: 
      SEC. 3.  (a) The people have the right to instruct their
representatives, petition government for redress of grievances, and
assemble freely to consult for the common good.
   (b) (1) The people have the right of access to information
concerning the conduct of the people's business, and, therefore, the
meetings of public bodies and the writings of public officials and
agencies shall be open to public scrutiny.
   (2) A statute, court rule, or other authority, including those in
effect on the effective date of this subdivision, shall be broadly
construed if it furthers the people's right of access, and narrowly
construed if it limits the right of access. A statute, court rule, or
other authority adopted after the effective date of this subdivision
that limits the right of access shall be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
   (3) Nothing in this subdivision supersedes or modifies the right
of privacy guaranteed by Section 1 or affects the construction of any
statute, court rule, or other authority to the extent that it
protects that right to privacy, including any statutory procedures
governing discovery or disclosure of information concerning the
official performance or professional qualifications of a peace
officer.
   (4) Nothing in this subdivision supersedes or modifies any
provision of this Constitution, including the guarantees that a
person may not be deprived of life, liberty, or property without due
process of law, or denied equal protection of the laws, as provided
in Section 7.
   (5) This subdivision does not repeal or nullify, expressly or by
implication, any constitutional or statutory exception to the right
of access to public records or meetings of public bodies that is in
effect on the effective date of this subdivision, including, but not
limited to, any statute protecting the confidentiality of law
enforcement and prosecution records.
   (6) Nothing in this subdivision repeals, nullifies, supersedes, or
modifies protections for the confidentiality of proceedings and
records of the Legislature, the Members of the Legislature, and its
employees, committees, and caucuses provided by Section 7 of Article
IV, state law, or legislative rules adopted in furtherance of those
provisions; nor does it affect the scope of permitted discovery in
judicial or administrative proceedings regarding deliberations of the
Legislature, the Members of the Legislature, and its employees,
committees, and caucuses. 
   (7) In order to ensure public access to the meetings of public
bodies and the writings of public officials and agencies, as
specified in paragraph (1), each local agency is hereby required to
comply with the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code) and the Ralph M. Brown Act (Chapter 9 (commencing
with Section 54950) of Part 1 of Division 2 of Title 5 of the
Government Code), and with any subsequent statutory enactment
amending either act, enacting a successor act, or amending any
successor act that contains findings demonstrating that the statutory
enactment furthers the purposes of this section. 
   Second--    That Section 6 of Article XIII B thereof
is amended to read: 
      SEC. 6.  (a) Whenever the Legislature or any state agency
mandates a new program or higher level of service on any local
government, the State shall provide a subvention of funds to
reimburse that local government for the costs of the program or
increased level of service, except that the Legislature may, but need
not, provide a subvention of funds for the following mandates:
   (1) Legislative mandates requested by the local agency affected.
   (2) Legislation defining a new crime or changing an existing
definition of a crime.
   (3) Legislative mandates enacted prior to January 1, 1975, or
executive orders or regulations initially implementing legislation
enacted prior to January 1, 1975. 
   (4) Legislative mandates contained in statutes within the scope of
paragraph (7) of subdivision (b) of Section 3 of Article I. 
   (b) (1) Except as provided in paragraph (2), for the 2005-06
fiscal year and every subsequent fiscal year, for a mandate for which
the costs of a local government claimant have been determined in a
preceding fiscal year to be payable by the State pursuant to law, the
Legislature shall either appropriate, in the annual Budget Act, the
full payable amount that has not been previously paid, or suspend the
operation of the mandate for the fiscal year for which the annual
Budget Act is applicable in a manner prescribed by law.
   (2) Payable claims for costs incurred prior to the 2004-05 fiscal
year that have not been paid prior to the 2005-06 fiscal year may be
paid over a term of years, as prescribed by law.
   (3) Ad valorem property tax revenues shall not be used to
reimburse a local government for the costs of a new program or higher
level of service.
   (4) This subdivision applies to a mandate only as it affects a
city, county, city and county, or special district.
   (5) This subdivision shall not apply to a requirement to provide
or recognize any procedural or substantive protection, right,
benefit, or employment status of any local government employee or
retiree, or of any local government employee organization, that
arises from, affects, or directly relates to future, current, or past
local government employment and that constitutes a mandate subject
to this section.
   (c) A mandated new program or higher level of service includes a
transfer by the Legislature from the State to cities, counties,
cities and counties, or special districts of complete or partial
financial responsibility for a required program for which the State
previously had complete or partial financial responsibility. 

  First--    That Section 4 of Article XIII A
thereof is amended to read:
      SEC. 4.  Except as provided by Section 4.5, 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 4.5 is added to Article
XIII A thereof, to read:
      SEC. 4.5.  (a) The imposition, extension, or increase of a
parcel tax on real property by a school district, community college
district, or county office of education, as may otherwise be
authorized by law, is subject to approval by 55 percent of the voters
of that district or county voting on the proposition, if all of the
following conditions are met:
   (1) The proposition is approved by a majority vote of the
membership of the governing board of the school district, community
college district, or county office of education.
   (2) The proposition contains all of the following accountability
requirements:
   (A) A list of the specific purposes and programs that are to be
funded.
   (B) A requirement that the proceeds be used only for the purposes
and programs specified in the proposition, and not for any other
purpose.
   (C) To ensure compliance with subparagraph (B), a requirement that
the governing board of the school district, community college
district, or county office of education conduct an annual independent
financial audit of the amount of parcel tax proceeds collected and
expended, and the specified purposes and programs funded.
   (D) To ensure compliance with subparagraph (B), a requirement that
the governing board of the school district, community college
district, or county office of education establish a citizens'
oversight committee to review all expenditures of proceeds and
financial audits, and report its findings to the governing board and
to the public.
   (3) The proposition allows for an exemption from tax, to be
claimed under procedures established by the county, for any parcel
that, as of January 1 of each year, is owned by and upon which is
located the principal residence of, either a person or persons
receiving Social Security Disability Insurance benefits, regardless
of age, whose yearly income does not exceed 25 percent of the 2012
federal poverty guidelines issued by the United States Department of
Health and Human Services, or a person or persons receiving
Supplemental Security Income for a disability.
   (b) For purposes of this section, "parcel tax" means a special tax
imposed upon a parcel of real property at a rate that is determined
without regard to that property's value.
   (c) The total amount of parcel tax impositions, increases, or
extensions submitted to the voters for approval in accordance with
this section at any election by a school district, community college
district, or county office of education shall be established by the
governing board of the school district, community college district,
or county office of education and shall not exceed that amount. This
maximum amount shall be annually adjusted to account for inflation,
measured as the annual change, from June to June of each year, in the
California Consumer Price Index, as published by the Department of
Industrial Relations, or any successor to that index.
   (d) Proceeds of any tax approved pursuant to this section shall
not be used to pay salaries of any administrator of any school
district, community college district, or county office of education.
   (e) This section does not limit any other authority of a school
district, community college district, or county office of education
to impose a special tax approved in accordance with Section 4 of this
article or Section 2 of Article XIII C.  
  Third--    That Section 2 of Article XIII C
thereof is amended to read:
      SEC. 2.  Notwithstanding any other provision of this
Constitution:
   (a) Any 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 may 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 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 no later than November 6, 1998, and in compliance with
subdivision (b).
   (d) Except as provided by Section 4.5 of Article XIII A, a local
government may 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. 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.  
  Fourth--    That Section 3 of Article XIII D
thereof is amended to read:
      SEC. 3.  (a) An agency shall not assess a tax, assessment, fee,
or charge upon any parcel of property or upon any person as an
incident of property ownership except:
   (1) The ad valorem property tax imposed pursuant to Article XIII
and Article XIII A.
   (2) Any special tax receiving a two-thirds vote pursuant to
Section 4 of Article XIII A, or, as applicable, a 55-percent vote
pursuant to Section 4.5 of Article XIII A.
   (3) Assessments as provided by this article.
   (4) Fees or charges for property-related services as provided by
this article.
   (b) For purposes of this article, fees for the provision of
electrical or gas service are not charges or fees imposed as an
incident of property ownership. 
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2, 3, and 4.
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