BILL NUMBER: SCA 4 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Liu
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 Article XIII A thereof, and by amending Section 2 of Article XIII
C thereof, relating to taxation.
LEGISLATIVE COUNSEL'S DIGEST
SCA 4, as introduced, Liu. Local government transportation
projects: 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 provide that the imposition, extension, or
increase of a special tax by a local government for the purpose of
providing funding for local transportation projects requires the
approval of 55% of its voters voting on the proposition. The measure
would also make conforming and technical, nonsubstantive changes.
Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.
Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2011-12 Regular Session
commencing on the sixth day of December 2010, 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,
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 a
special tax within that city, county, or special district ,
except an ad valorem taxes 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 is
either a general taxes tax
or a special taxes. Special purpose
districts tax. A special district or
agencies agency , including a school
districts, shall have district, has no
power authority to levy a
general taxes 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
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 is held within two years of
the effective date of this article no later than
November 6, 1998, and in compliance with subdivision (b).
(d) No (1) Except as
otherwise provided in paragraph (2), a local government
may 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 of the voters voting on the proposition
. A special 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.
(2) The imposition, extension, or increase of a special tax by a
local government for the purpose of providing funding for local
transportation projects under its jurisdiction, as may otherwise be
authorized by law, requires the approval of 55 percent of the voters
voting on the proposition. A special tax for the purpose of providing
funding for local transportation projects is not deemed to have been
increased if it is imposed at a rate not higher than the maximum
rate previously approved in the manner required by law. The
Legislature shall define local transportation projects for purposes
of this paragraph.