California Assembly Bill ACA10 Latest Draft

 BILL NUMBER: ACA 10AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 5, 2010 INTRODUCED BY Assembly Member Torlakson (Principal coauthor: Assembly Member Huffman) FEBRUARY 11, 2009 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, by amending Section 2 of Article XIII C thereof, and by amending Section 3 of Article XIII D thereof, relating to taxation. LEGISLATIVE COUNSEL'S DIGEST ACA 10, as amended, Torlakson. Taxation: Education Finance District: special tax. The California Constitution conditions the imposition, extension, or increase 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, and prohibits these entities from imposing an ad valorem tax on real property or a transactions or sales tax on the sale of real property. This measure would instead condition the imposition, extension, or increase of a special tax by  an education finance district established pursuant to statute   a school district  upon the approval of a majority of the voters of the district voting on that tax, and would also make conforming changes to related provisions. 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 2009-10 Regular Session commencing on the first day of December 2008, 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: SEC. 4. Except as provided by paragraph (2) of subdivision (d) of Section 2 of Article XIII C, 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 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) No local government may 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 the effective date of this article, 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 5, 1996, and in compliance with subdivision (b). (d) (1) Except as provided by 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. 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.  (2) An education finance district established pursuant to statute   (2)     A school district  may, with the approval of a majority of the voters voting on the proposition at an election, impose, extend, or increase a special tax within its jurisdiction. A special tax imposed pursuant to this paragraph shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. Third-- 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 either a two-thirds vote pursuant to Section 4 of Article XIII A or, as applicable, a majority vote pursuant to paragraph (2) of subdivision (d) of Section 2 of Article XIII C. (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 deemed charges or fees imposed as an incident of property ownership.