HomeMy WebLinkAboutACA 19 - Mayes - Amnd Sec 1 and 2 Relating to Local Gvrnmnt STAFF REPORT
CITY OF PALM DESERT
ADMINISTRATIVE SERVICES DEPARTMENT
MEETING DATE: April 12, 2018
PREPARED BY: Stephen Y. Aryan, Risk Manager
REQUEST: Consideration to approve a letter of opposition for ACA 19 (Mayes)- A
resolution to propose to the people of the State of California an
amendment to the Constitution of the State, by amending Sections 1
and 2 of Article XIII C thereof, relating to local government.
Recommendation
By Minute Motion, approve a letter of opposition for ACA 19 (Mayes).
Committee Recommendation
The Palm Desert Legislative Review Committee recommended submitting a letter of
opposition for this bill.
Strategic Plan
This item is not associated with any identifiable objective within the Palm Desert Strategic
Plan.
Background Analysis
The California Constitution conditions the imposition of a general tax by a local government
upon the approval of a majority of its voters voting on the tax. It requires the election for the
vote on a general tax be consolidated with a regularly scheduled election for members of the
governing body of the local government (except in cases where a local government
unanimously declares an emergency). The Constitution further conditions the imposition of a
special tax upon the approval of two-thirds of the voters voting on the tax.
"Local government" is defined as any county, city, city and county, including a charter city or
county, any special district, or any other local or regional governmental entity. If approved,
ACA-19 (Mayes) would specify that the electorate exercising its initiative power be within the
definition of "local government," thereby requiring voter consideration of electorate driven
initiatives only during a regularly scheduled election for members of the local government's
governing body. The Legislative Review Committee recommends opposition to this bill
because it infringes upon local control.
April 12, 2018 - Staff Report
ACA-19 (Mayes) Opposition Letter
Page 2 of 2
Fiscal Analysis
The City's opposition of ACA-19 (Mayes) has no fiscal impact.
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER
N/A N/A
Robert W. Hargreaves Lori am Janet Moore Lauri Aylaian
City Attorney Director of Administrative Services Director of Finance City Manager
ATTACHMENT: ACA-19 (Mayes) as introduced on September 6, 2017
Draft Letter of Opposition for ACA-19 (Mayes)
CALIFORNIA LEGISLATURE-2017-18 REGULAR SESSION
Assembly Constitutional Amendment No. 19
Introduced by Assembly Member Mayes
(Coauthors:Assembly Members Baker,Mathis, and Obernolte)
September 6, 2017
Assembly Constitutional Amendment No. 19—A resolution to
propose to the people of the State of California an amendment to the
Constitution of the State,by amending Sections 1 and 2 of Article XIII
C thereof,relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
ACA 19, as introduced, Mayes. Local government taxation: voter
approval.
The California Constitution conditions the imposition of a general
tax by a local government upon the approval of a majority of its voters
voting on the tax. The California Constitution requires the election for
the vote on a general tax to be consolidated with a regularly scheduled
election for members of the governing body of the local government,
except in cases where the members of the governing body of the local
government,by a unanimous vote,declare an emergency.The California
Constitution conditions the imposition of a special tax by a local
government upon the approval of zi,of the voters voting on the tax.The
California Constitution defines "local government" for these purposes
to mean any county, city, city and county, including a charter city or
county,any special district,or any other local or regional governmental
entity.
This measure would specify that the electorate exercising its initiative
power is within the definition of"local government"
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ACA19 —2—
Vote: 2/3. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
1 Resolved by the Assembly, the Senate concurring, That the
2 Legislature of the State of California at its 2017-18 commencing
3 on the fifth day of December 2016,two-thirds of the membership
4 of each house concurring, hereby proposes to the people of the
5 State of California, that the Constitution of the State be amended
6 as follows:
7 First—That Section 1 of Article XIII C thereof is amended to
8 read:
9 SECTION 1. Definitions. As used in this article:
10 (a) "General tax" means any tax imposed for general
11 governmental purposes.
12 (b) "Local government"means any county,city,city and county,
13 including a charter city or county,any special district,or any other
14 local or regional governmental entity. "Local government"includes
15 the electorate exercising its initiative power.
16 (c) "Special district" means an agency of the State, formed
17 pursuant to general law or a special act, for the local performance
18 of governmental or proprietary functions with limited geographic
19 boundaries including, but not limited to, school districts and
20 redevelopment agencies.
21 (d) "Special tax"means any tax imposed for specific purposes,
22 including a tax imposed for specific purposes,which is placed into
23 a general fund.
24 (e) As used in this article, "tax" means any levy, charge, or
25 exaction of any kind imposed by a local government, except the
26 following:
27 (1) A charge imposed for a specific benefit conferred or privilege
28 granted directly to the payor that is not provided to those not
29 charged, and which does not exceed the reasonable costs to the
30 local government of conferring the benefit or granting the privilege.
31 (2) A charge imposed for a specific government service or
32 product provided directly to the payor that is not provided to those
33 not charged, and which does not exceed the reasonable costs to
34 the local government of providing the service or product.
35 (3) A charge imposed for the reasonable regulatory costs to a
36 local government for issuing licenses and permits, performing
37 investigations, inspections, and audits, enforcing agricultural
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1 marketing orders, and the administrative enforcement and
2 adjudication thereof.
3 (4) A charge imposed for entrance to or use of local government
4 property, or the purchase, rental, or lease of local government
5 property.
6 (5) A fine, penalty, or other monetary charge imposed by the
7 judicial branch of government or a local government, as a result
8 of a violation of law.
9 (6) A charge imposed as a condition of property development.
10 (7) Assessments and property-related fees imposed in
11 accordance with the provisions of Article XIII D.
12 The local government bears the burden of proving by a
13 preponderance of the evidence that a levy,charge,or other exaction
14 is not a tax, that the amount is no more than necessary to cover
15 the reasonable costs of the governmental activity, and that the
16 manner in which those costs are allocated to a payor bear a fair or
17 reasonable relationship to the payor's burdens on, or benefits
18 received from,the governmental activity.
19 Second—That Section 2 of Article XIII C thereof is amended
20 to read:
21 SEC.2. Local Government Tax Limitation. Notwithstanding
22 any other provision of this Constitution:
23 (a) All taxes A tax imposed by any local government shall be
24
25 ,
26 to levy general taxes. is either a general tax or a special tax. A
27 special district or agency, including a school district, has no
28 authority to levy a general tax.
29 (b) No-A local government may shall not impose, extend, or
30 increase any general tax unless and until that tax is submitted to
31 the electorate and approved by a majority vote.A general tax-shall
32 is not-be deemed to have been increased if it is imposed at a rate
33 not higher than the maximum rate so approved. The election
34 required by this subdivision shall be consolidated with a regularly
35 scheduled general election for members of the governing body of
36 the local government, except in cases of emergency declared by
37 a unanimous vote of the governing body.
38 (c) Any general tax imposed, extended, or increased, without
39 voter approval, by any local government on or after January 1,
40 1995,and prior to the effective date of this article,shall November
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ACA 19 —4-
1 6, 1996, may continue to be imposed only if approved by a majority
2 vote of the voters voting in an election on the issue of the
3 imposition, which election-shall-be-lielel-within-two-years-of-the
4 cffcctivc datc of this article is held no later than November 6, 1998,
5 and in compliance with subdivision(b).
6 (d) Ne-A local government may shall not impose, extend, or
7 increase any special tax unless and until that tax is submitted to
8 the electorate and approved by a two-thirds vote. A special tax
9 shams is not deemed to have been increased if it is imposed
10 at a rate not higher than the maximum rate so approved. For
11 purposes of this subdivision, "local government" includes the
12 electorate exercising its initiative power.
0
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Do AFT
April 12, 2018
The Honorable Chad Mayes
California State Assembly
State Capitol, Suite 4098
Sacramento, CA 94249
RE: ACA-19 (Mayes). Local government taxation: voter approval.
Notice of Opposition (As introduced 09/06/17)
Dear Assembly Member Mayes:
On behalf of the City of Palm Desert, I want to voice our opposition to your ACA-19 (Mayes), which
specifies that the electorate exercising its initiative power be within the definition of "local
government."
The City of Palm Desert historically champions finding local solutions for local problems. Requiring
consideration of electorate driven initiatives only during a regularly scheduled election infringes upon
local control. For this reason, the City of Palm Desert opposes ACA 19.
Sincerely,
SABBY JONATHAN
MAYOR
cc: City Council
The Honorable Jeff Stone, California State Senate
Anthony ❑. Gonsalves, Joe A. Gonsalves & Sons (gonsalves@clonsalvi.com)
Erin Sasse, League of California Cities (esasse@cacities.orq)
Lauri Aylaian, City Manager
Janet Moore, Director of Finance/City Treasurer
Stephen Y. Aryan, Risk Manager