JACKS v. CITY OF SANTA BARBARAAmicus Curiae, League of California Cities, Request for Judicial NoticeCal.October 28, 2015SUPREME COURT COPY sirens FILED S225589 - IN THE SUPREME COURT OCT 28 2015 OF THE Oo STATE OF CALIFORNIA Frank A. McGuireCleri Deputy ROLLANDJACKSand ROVE ENTERPRISES,INC., | | Plaintiffs and Appellants, | v. | CITY OF SANTA BARBARA, Defendant and Respondent. On Review from the Court of Appeal --for the Second Appellate District, Division Six, Case No: B253474 After an Appeal from the Superior Court of California, ° County of Santa Barbara, Case Number 1383959, . Hon. Thomas P. Anderle MOTION FORJUDICIAL NOTICE IN SUPPORT OF AMICUS CURIAE BRIEF; SUPPORTING MEMORANDUM; SUPPORTING DECLARATION OF ADAM W. HOFMANN . _~HANSON BRIDGETT LLP Adam W. Hofmann, SBN 238476 ahofmann@hansonbridgett.com 425 Market Street, 26th Floor San Francisco, California 94105 Telephone: (415) 777-3200 Facsimile: (415) 541-9366 Attorneys for Amicus Curiae LEAGUE OF CALIFORNIA CITIES $225589 IN THE SUPREME COURT OF THE STATE OF CALIFORNIA ROLLANDJACKS and ROVE ENTERPRISES, INC., | Plaintiffs and Appellants, Vv. CITY OF SANTA BARBARA, Defendant and Respondent. On Review from the Court of Appeal for the Second Appellate District, Division Six, Case No. B253474 After an Appeal from the Superior Court of California, ° County of Santa Barbara, Case Number 1383959, Hon. ThomasP. Anderle MOTION FORJUDICIAL NOTICE IN SUPPORT OF AMICUS CURIAE BRIEF; SUPPORTING MEMORANDUM; SUPPORTING DECLARATION OF ADAM W. HOFMANN . ~HANSON BRIDGETT LLP Adam W. Hofmann, SBN 238476 ahofmann@hansonbridgett.com 425 Market Street, 26th Floor San Francisco, California 94105 Telephone: (415) 777-3200 Facsimile: (415) 541-9366 Attorneys for Amicus Curiae LEAGUEOF CALIFORNIA CITIES MOTION FOR JUDICIAL NOTICE Pursuant to Evidence Code sections 452 and 459, and California Rules of Court, rule 8.252, amicus curiae the League of California Cities respectfully requeststhat this Court take judicial notice of the following documents: A. Spreadsheet entitled "Franchise Revenues asa __ Percentage of General Revenues — California Cities" compiled from information provided by the California State Controller. B. Excerpts of the "BallotPamphlet" for the November5, 1996 General Election published and certified by the California Secretary of State, relating to Proposition . 218. | C. Excerpts of the "Official Voter Information Guide"for the November 2, 2010 General Election published and certified by the California Secretary of State, relating to . Proposition 26. D. Chapter 4.24 of the Santa Barbara Municipal Code. - This motion is based onthe attached Memorandum, Declaration of Adam W. Hofmann, and Exhibits A-D, as well as the Proposed Order filed and served herewith. DATED: October Zt, 2015 _ HANSON BRIDGETT LLP By: HOFMANN Alegnew5 for Amicus Curiae E OF CALIFORNIA Cras 11623627, 1 MEMORANDUM IN SUPPORT OF MOTION FOR JUDICIAL NOTICE _ This Court may take judicial notice of any matter subject to | Evidence Codesection 452. (Evid. Code, § 459; Cal. Rules of Court, rule 8.252.) , Exhibit A, a spreadsheet entitled "Franchise Revenues as a Percentage of General Revenues — California Cities," is subject to | judicial notice becauseit reflects public records subject to immediate and accurate verification. (Evid. Code, § 452, subd. (h).) Anyone mayverify that the figures collected in the spreadsheet are correct by referencing information published by . the State Controller's Office or by examining the underlying reports, which the State Controller's Office collects from every city in California. The State Controller's Office maintains copies of the underlying documents at http://www.sco.ca.gov/ ard_locrep_cities.html. (See Moehring v. Thomas (2005) 126 Cal.App.4th 1515, 1523, fn. 4 (Moehring) [holding websites maintained by public entities are subject to judicial notice].) Exhibit A is relevant becauseit reveals the strong interest of the League's members—cities throughout the state of California—in ensuring their ongoing authority to negotiate and collect franchise fees in accordance with state law. (Rule 8.252(a)(2)(A).) | Exhibit B, excerpts of the Ballot Pamphlet for the . November 5, 1996 General Election, is ‘subject to judicial notice under Evidence Codesection 452, subdivision (c). (Moore v. Superior Court (2004) 117 Cal. App. 4th 401, 407, fn. 5 (Moore).) These materials set forth the arguments offered in favor of | 11623627.1 Proposition 218, and “show the intent of the voters in passing an initiative measure.” (Jbid.) Exhibit B is relevant becauseit showsthat voters never intended to limit: franchise fees when enacting Proposition 218. (Rule 8.252(a)(2)(A).) Exhibit C, excerpts of the Official Voter Information Guide for the November 2, 2010 General Election, is subject to judicial notice under Evidence Code section 452, subdivision (c). (Moore, supra, 117 Cal. App. 4th at p. 407, fn. 5.) These materials set forth the arguments offered in favor of Proposition 26, and “show the intentof the voters in passing an initiative measure.” (Ibid.) Exhibit C is relevant to this action because it shows that the voters never intended to limit franchise fees when enacting Proposition 26. (Rule 8.252(a)(2)(A).) Mf Mf Mf 11623627.1 Exhibit D, Chapter 4.24 of the Santa Barbara Municipal Code, is subject to judicial notice as the codified legislation of the City of Santa Barbara, made publicly available through the City's website. (Evid. Code, § 452, subd. (b); City ofMonterey v. Carrnshimba (2013) 215 Cal.App.4th 1068, 1077, fn. 5; see also Moehring, supra, 126 Cal.App.4th at p. 1523, fn. 4 [holding public websites are subject to judicial notice].) Exhibit D is relevant to this action becauseit illuminatesthecritical differences between the franchise fee the City negotiated with Southern California Edison in 1999, and the Utility Users Tax the City enacted and imposedupon its residents. (Evid. Code, § 452, subd. (b).) These differences help demonstrate the Court of Appeal's error in concluding that the franchise fee was really a tax. DATED: October 2], 2015 HANSON BRIDGETT LLP By: ~ AVAM/W. HOFMANN Aftorrfeys for Amicus Curiae LEA UE OF CALIFORNIA 11623627.1 DECLARATION OF ADAM W. HOFMANN IN SUPPORT OF MOTION FOR JUDICIAL NOTICE I, Adam W. Hofmann, declare as follows: | 1. I am an attorney admitted to practice before the courts of the State of California. I am senior counsel with Hanson Bridgett LLP, attorneys of record for amicus curiae, the Leagueof California Cities, in this matter. 2. I have personal knowledge ofthe facts set forth — herein. If called as a witness, I could and would competently testify to these facts. . 3. Attached hereto as Exhibit A is a true and correct copy of a spreadsheet entitled "Franchise Revenues as a | - Percentage of General Revenues — California Cities" compiled © from information provided by the California State Controller. 4, I obtained the spreadsheets attached as Exhibit Aon October 20, 2015 from the website CaliforniaCityFinance.com, which I know to be operated by Michael Coleman, a renowned _ expert in California municipal finance. I am informed and pelieve that Mr. Coleman collected the data compiledin this spreadsheet from information madepublicly available by the California State Controller's Office. The State Controller's Office makes this information available through its website, http://www.sco.ca.gov/ard_locrep_cities.html. | 5. I found Exhibit B by going to the California Secretary of State’s website, http://www.sos.ca.gov/elections/ voting-resources/voter-information-guides/, That page, http://www.sos.ca.gov/elections/ballot-measures/resources-and- 11623627.1 historical-information.htm, led me to a link to the University of California Hastings database, explaining “University of California Hastings College of the Law offers PDF versions of Voter Information Guides from 1911 to the present.” I followed the link to http:/Mlibrary.uchastings.edu/research/ ballots/index.php,then followed a further link for "California Ballot Pamphlets"to http://repository.uchastings.edu/ ca_ballot_pamphlets/index.html, andselected “Voter Information Guide for 1996, GeneralElection.” I then printed all pages relating in any way to Proposition 218. A true andcorrect copy of that printout is attached hereto as Exhibit B. 6. I found Exhibit C using the same web page operated by the University of California Hasting College of the Law, http://repository.uchastings.edu/ca_ballot_pamphlets/index.html, and the link “Voter Information Guide for 2010, General Election.” I then printed all pages relating in any way to_ Proposition 26. A true and correct copy of that printoutis attached hereto as Exhibit C. Hl Mf TH 11623627.1 7. Ifound Exhibit D using the City of Santa Barbara's website, which provides a copy of Chapter 4.24 of the City's Municipal Code at http://www.santabarbaraca.govicivicax/ filebank/blobdload.aspx?BlobID=17434. | I declareunderpenalty of perjury underthe lawsof the State of Californiathat the foregoingis true and correct. Executed October 2, 2015, at San Francisco, California. A wn. 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S t 5 % 4 % S % b- Fu ll S e r i c e ex ce pt L i b r a r y 1 0 % 9% ] 1 0 % 1 0 % 7% ! 9 % b- Fu ll S e r i c e e x c e p t Li br ar y 8% 8% | 8% ] 9% 8% 9% ] — d- Pa rk s by city , f ire & li br ar y b y o th er s 5% 4% 5% 4% ] 4% 6% ] d- Pa rk s by ci ty , f ire & Rb ra ry by ot he rs 1 % 1 % 1% ! 19 8] 1% ] 19 4] b- Fu ll Se rv ic e e x c e p t Li br ar y 8% 6 8 % 7% 8 % 7% ) 7% ) P a r k s by c it y, fi re & li br ar y by ot he rs 4 % 4% ) 4 % 4 % 3 % 4 % a- Fu ll Se rv ic e / $ re sp on sb il ty 3% ] 3 % 3 % 3% I 3 % 3% ] a Fu ll Se rv ic e / $ re sp on si bi lt y 8% ! 7% ) 7 % 7 % 6% ] 7 % d - P a r k s b y cl ty , fi re & li br ar y b y ot he rs . 38 64 3% ] 3 % 2 % b- Fu ll Se rv ic e sx ce pt Li br ar y 23 %] 22 %| 20 %| 20 %| —_ a- Fu ll Se rv ic e / 5 re sp on si bi lt y 11 %) 11 %| 10 % %| — d- Pa rk s by c it y, fi ra & li br ar y by ot he rs 5% ] 6% 6% S% ] Pa rk s by cit y, fir e & br ar y by o th er s 2 % 2 % 2 % 2 % — d- Pa rk s by c it y, ti re & li br ar y by ot ha rs 7 % 7% ] 7% 7% ] — d- Pa sk s by clt y. fir e & Ib ra ry by ot he rs 1 % 15 ef 1 % 1% ] . a -F ul l Se rv ic e / $ re sp on si bi li ty 21 %) 18 %! 1 8 % 1 9 % P a r k s by ci ty , fi ce & li br ar y b y ot ha rs . 2% ) | 2% ,| 2 a- Fu ll Se rv ic e / $ re sp on sb il it y 4% ] 4% ) 4 % 4% ) @ P a r k s & li br ar y by ci ty , fi re b y ot he rs 15 % 14 % 12 % 13 %] — d- Pa rk s by cit y, f ir e & li br ar y b y o th er s E a 5% ] 4% | 4% ) P a r k s & br ar y hy clt y, fr e by ot ha rs 3% | E a E a 9% ) — de Pa rk s by ci ty , fi re & li br ar y by ot he rs 5 % ) . 4% ) 3 % 3 % @F ul l Se rv ic e / $ re sp on sb it ty O U T L I E R b- Fu ll Se rv ic e ex ce pt Li br ar y a@ Fu ll Se rv ic e / 3 re sp on si bi li ty d - P a r k s by c i t y , fi te & li br ar y b y ot he rs . b- Fu ll Se rv ic e ex ce pt Li or ar y - d- Pa rk s by c it y, ti re & ti br ar y by ot he rs F u l Se rv ic e / $ re sp on si bl it y d - P a r k s by ci ty , fi re & li br ar y b y ot he rs b- Fu ll Se rv ic e ex ce pt Li br ar y F u l l Se rv ic e / $ re sp on sb il ty Ca li fo rn ia Ci ty Ke rn 8% } 6 % 5 % De ta no Ke m 4 % A X 4 % Ma ri co pa Ke rn 5% | 5% | 5 % 65 ] 4% ] 8 % 5% ] - 8 % Mc fa rt an d Ke rn 7 % E a 10 % 10 %| 9 % 10 % Ri dg ec ru st Ke rn 7 % 8 % - 9 % 10 % 10 % 10 %] Sh af te r Ke rn 7 % 6 % 79 34 7 % 8 % E a Ta te Ke rn 3 % 4% | 4% ) 4 % 4 % 3 % Te ha ch ap i Ke m S% I 5 % 4% ) 4% ! 4% , 4 % Wa sc o Ke rn , 7% ) 6% | B% | 7% ) 6% | e % Av en el S % S a n Be rn ar di no 3 % ) 5% ] 6% ] T we nt yn in e P a l m s S a n Be rn ar di no 9% ] 9 % B% I. 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Witness my hand and the Great Seal of the State in Sacramento, California, this lath day of August, 1996. , ® BILL JONES Secretary of State Sy Secretary of State Dear Voter: On November5, 1996, you will have an opportunity to have your voice heard when you go to the polls on election day. Not only will you have a say on who becomes the next U.S. President but you can also help determine the fate of issues that will help shape the future of our state, from water to healthcare to campaign reform to minimum wage, the decisions are in your hands. Consequently, you can understand thesignificance of the upcoming election—one in which every eligible voter must participate! To help you prepare for the election, this ballot pamphlet contains comprehensive summaries,legislative analyses and arguments on 15 ballot _ propositions that will appear on the Novemberballot. We urge you to please take the time to read each measure carefully before going to the polls. And on - - November5, .1996, you will be prepared to cast your ballot with confidence! To help increase voter registrationand participation in the November5, 1996, election, the Secretary of State’s office has launcheda full-fledged voter outreach campaign designed to reach every voting-age citizen in California. With a goal of 100 percent voter registration and participation with absolutely zero percent tolerance for fraud, the outreach campaign includes: statewide radio and television public service announcements; voter registration displays in McDonald’s restaurants; “You’ve Got the Power” and “Mock Elections” school-based programs; drive-up voter registration campaigns in northern and southern California; and register-to-vote messages on paycheck stubs, ATMreceipts, buses, billboards, etc.—just to name a few. The Secretary of State’s office is committed to raising the level of voter participation in California. If you know anyone whois not registered to vote and would like to do so, please have them call the Secretary of State’s 24-hour. Voter Registration and Election Fraud Hot-Line at 1-800-345-VOTEto receive a voter registration form. The 1-800-345-VOTE hot-line can also be used to report any incidents of election fraud, tampering or other election-oriented irregularities. You may. also contact your county registrar of voters or district attorney to report any instances of election-related misconduct. The complete elimination of fraud and the potential for it is one of the Secretary of State’s top priorities. Anyone found in violation of the elections laws will be prosecutedto the fullest extent. Let’s work together to make this election the most fair, honest. and participatory election ever! The future of California dependsonit. Please note that Proposition 204 is the first proposition for this election. To avoid confusion with past measures, the Legislature passed a law which requires propositions to be numbered consecutively starting with the next numberafter those used in the November 1982 General Election. Commencing with the November 1998 General Election, the numbering will begin again with the number “1.” This numbering schemewill run in ten-year cycles, G96 G96 CONTENTS Brief Summaryofthe Measures................ease esenaeeeeceuseneaesesassensuecnseseearseesenans BOND ACTS Prop. 204 Safe, Clean, Reliable Water Supply Act. ........00..seaaecasaeacesseneess Prop. 205 Youthful and Adult Offender Local Facilities Bond Act of L996. eeeeeeetceseceseeevesetsresssecsseessessssscseesesseesscaeesassesasanceesenssaaes Prop. 206 Veterans’ Bond Act of 1996. ......s.scssssssssscscessessssseessnssstsnnnansesssseat INITIATIVE CONSTITUTIONAL AMENDMENTS AND STATUTES Prop. 207 Attorneys. Fees. Right to Negotiate. Frivolous Lawsuits........ . Prop. 208 Campaign Contributions and Spending Limits. Restricts LODDYiStS. oo... eee ccesesescesseceesssscersceeesssecsesnseseeseaseeentesanecsesenseeas Prop. 209 Prohibition Against Discrimination or Preferential Treatment by State and Other Public Entities, ........cccsscssessssseseseceaceons Prop. 210 Minimum Wage Increase...............eeguesseeescesussseessessatetesssceeneseeaee Prop. 211 Attorney-Client Fee Arrangements. Securities Fraud. LA@WSUIES.ooo. ceccesconsceecenecerenessseesecnssoesensesaesnecouscauceaesaesessonsees Prop. 212 Campaign Contributions and Spending Limits. Repeals Gift and Honoraria Limits. Restricts Lobbyists. ........ccceseseeens Prop. 213 Limitation on Recovery to Felons, Uninsured Motorists, Drunk Drivers..........Laaesessunsersersrsecvacecendecesascesssaseseaeessanersseees Prop. 214 Health Care. Consumer Protection. .........cecsccsssecsesetcesseseseseees Prop.215 Medical Use of Marijuana, o....essssssseessseeseeeesssssrsescesssessusnsenssnleone Prop, 216 Health Care, Consumer Protection. Taxes on Corporate Restructuring, .0....i ccecesessebeesscesesersscseeeesanecsaesesessseseessesessseees Prop.217 Top Income Tax Brackets. Reinstatement. Revenues to Local ABONCICS. .....ccccecsssssesvensvensecsssessceesescsecesceurevstenasnecsasensnas pevecenes Prop. 218 Voter Approval for Local Government Taxes. Limitations on . Fees, Assessments, and Charges. ........cccccccccesscensessnecssersreeens An Overview of State Bond Debt....cc..cccessscsscesscessssssccesennessstensvesecareeveasesssaveaes Texts of Proposed Laws......ccccccsccssssscesscsensesssesesssecsscsaessaecasearsnavsessneusecentessas Political Party Statements of Purpose .........ccceescssesscecsecssesesseestnevsaneesesniesees Pages 4-9 10—13 14—17 18-21 22-25 26-29 30-33 34-37 38-41 42-47 48-51 52-57 58-61 62-67 68-71 72-77 78 79-109 110-111 November5, 1996, Ballot Measures SUMMARY WHATYOUR VOTE MEANS YES NO 204 SAFE, CLEAN, RELIABLE WATER SUPPLY ACT. Bond Act -Put on the Ballot by the Legislature This act provides for a bond issue ofnine hundred ninety-five million dollars ($995,000,000) to provide funds to ensure safe drinking water, increase water supplies, clean up pollution in rivers, streams, lakes, bays, and coastal areas, protect life and property from flooding, and protect fish and wildlife and makes changes in the Water Conservation and Water Quality Bond Law of 1986 and the Clean Water and Water Reclamation Bond Law of {988 to further these goals. Fiscal Impact: General Fund cost of up to $1.8 billion to pay off both the principal ($995 million) and interest ($776 million). The average payment for principal and interest over 25 years would be up to $71 million per year, A YESvote on this measure means: Thestate would beabie to issue $995 million in general obligation bondsfor restoration and improvement of the San Francisco Bay/Sacramento-San Joaquin Delta Estuary: wastewatertreatment and water supply and conservation; and local flood control and prevention. A NO vote on this measure means: The state would not be able to issue bonds for these purposes. 205 YOUTHFUL AND ADULT OFFENDER LOCAL FACILITIES BOND ACT OF1996, Bond Act Put on the Ballot by the Legislature This act provides for a bond issue of seven hundred million.dollars ($700,000,000) lo provide funds for the construction, renovation, remodeling, and replacementof local juvenile and adult correctional facilities. Fiscal Impact: General Fund costs of $1.25 billion to repay principal and interest, with annual payments averaging $50 million for 25 years. Unknowncosts, potentially millions of dollars annually, to counties to operate new facilities. A YES vote on this measure means: The state would be able to issue $700 million in general obligation bondsto finance local facilities for juvenile and adult offenders. A NOvote on this measure means: The state would not be able to issue bonds for that purpose. 206 VETERANS’ BOND ACT OF 1996. - Bond Act Put on the Ballot by the Legislature This act provides for a bond issue of four hundred million dollars ($400,000,000) to provide farm and homeaid for California veterans. Fiscal Impact: General Fund cost of about $700 million to pay off both the principal ($400 million) and interest (about $300 million) on the bonds, with an average annual payment for 25 years of about $28 million to retire this debt; costs offset by payments from participuting veterans, A YESvote on this measure means: Thestate would be able to issue $400 million in general obligation bonds to provide loans for the veterans’ farm and home purchase (Cal-Vet) program. . A NOvote on this measure means: The state would not be able to issue bonds for this purpose. 207 ATTORNEYS. FEES. RIGHTTO NEGOTIATE. _ FRIVOLOUS LAWSUITS. Initiative Statute Put on the Ballot by Petition Signatures Except as allowed by Jaws in effect on January |, 1995, prohibits restrictions on the right to negotiate amountofattorneys’ fees. Prohibits attorneys from charging excessive fees. Authorizes court to impose sanctions for filing frivolous lawsuit or pleading. Fiscal Impact: Unknown, but probably not significant, net fiscal impact on state and local governments. A YESvote on this measure means; It would be moredifficult for the Legislature to change laws concerning attorney-client fee agreements, Courts and the State Bar would be required to sanction or recommend disciplinary measures against attorneys whofile frivolous legal actions. Attorneys would not receive fees for cases in which they were sanctioned by the court for a frivolous legal action. A NOvote on this measure means: There would be no change in the Legislature’s ability to change laws concerning attorney-client fee agreements. Courts and the State Bar would retain discretion on when to sanction or recommend disciplinary measures against attorneys whofile frivolous legal actions. An attorney may receive legal fees in cases where he or she has been sanctioned for a frivolous legal action. 208CAMPAIGN CONTRIBUTIONSAND SPENDING LIMITS,RESTRICTS LOBBYISTS.Initiative Statute- Put on the Ballot byPetition Signatures Limits campaign contributions to $500statewide elections, $250 large districts, $100smaller districts. Incentives for voluntaryspending limits. Prohibits lobbyistcontributions. Fiscal Impact: Costs of up to$4 million annually to state and localgovernments for implementation andenforcement; unknown,but probably notsignificant, state and local election costs. A YESvote on this measure means:Campaign contributions by anindividual would be limited to $250for legislative and local offices and$500 for statewide offices. Theselimits approximately double forcandidates who accept voluntarycampaign spendinglimits. Thevoluntary spending limits forgeneral elections would be $200,000for state Assembly, $400,000 forstate Senate, $2 million forstatewide office (other thanGovernor), and $8 million forGovernor, The measure establishesvoluntary spending limits for loca’elections. : A NOvote on this measure means:There would continue to be nolimits on political campaigncontributions to candidates for stateoffice. There would be nolimits onthe amounts of money thatcandidates, their campaigncommittees, or other support groupscan spendin anystate election. .Local governments could establishtheir own campaign finance limits. G96 November5, 1996, Ballot Measures—Continued r ARGUMENTS WHOM TO CONTACT FOR MORE INFORMATION PRO CON FOR AGAINST Provides a balanced solution to California's water supply needs that enhances our economy while protecting the environment. According to State Treasurer Matt Fong, “Proposition 204's $995 million investmentin the state's water supply and delivery system is a very prudent investment to sustain and expand California’s $750billion economy.” What “water crisis’? State governmenthas a record of damaging the environmentrather than protecting it. We don’t know if these projects are worthwhile. They should be voted on and funded at the local level. Prop. 204 will cost $1.7 billion in principal and interest over 25 years. Californians for Safe, Clean, Reliable Water 10866 Wilshire Boulevard, Suite 550 Los Angeles, CA 90024-4303 (310) 441-9380 Libertarian Party of California 1800 Market Street, Suite 16 San Francisco, CA 94102 1-800-637-1776 California Sheriffs, Police Chiefs, District Attorneys and Crime Victims United agree—weé need Proposition 205 to build and improve focal jails and juvenile halls. Your yes vote on Prop. 205 will keep violent criminals off our streets and behind bars where they belong. Prop. 205-will cost $1.2 bilfion in principal and interest. We don't need more jails; change law enforcement _priorities instead. ‘‘3 Strikes’’ should be three violent felonies. The current method clogs jails. 50% ofcrimes are drug-related. The “war on drugs” has failed. Legalize drugs to cut crime. Jim Brulte, Assemblyman State Capitol Sacramento, CA 95814 (916) 445-8490 Libertarian Party of California 1800 Market Street, Suite 16 San Francisco, CA 94102 1-800-637-1776 This act provides for a general million dollars ($400,000,000) to provide funding for the purchase by wartime veterans of farms and homes inder the Cal-Vet program. The cal-Vet programis entirely self-supporting and costs the taxpayer nothing. obligation bond issue of four hundred’ The federal government provides extensive veterans’ benefits, including VA homeloans. The state doesn’t need to duplicate this. Foreclosures are at an all-time high. If veterans don't pay these loans, taxpayers would have to pay. Banks offer low-down home loans, Veterans can apply if they have good credit. Senator Don Rogers State Capitol Sacramento, CA 95814 (916) 445-5798 Attention: David Gratft Libertarian Party of California 1800 Market Street, Suite 16 San Francisco, CA 94102 1-800-637-1776 Frivolous lawsuits can be stopped. Proposition 207 takes away all the fees from lawyers when a judge rules their lawsuit is frivolous:After three frivolous lawsuits—they can lose their license. Proposition 207 was written by responsible consumer attorneys. It punishes bad lawyers withouttaking away consumers’ contingency fee protections. Vote no on 207: A smokescreen by ambulance-chasing lawyers that guarantees their ability to take outrageous fees. Propositions 207 and 211 contain “hidden” language to protect excessive fees. We'll pay for their greed in higher insurance and health care costs. 207 and 211 damage consumers and seniors. Vote no. Hilary Mclean Consumer Attorneys of California (916) 442-6902 Association for California Tort Reform (916) 443-4900 . ’ Fax: (916) 443-4306 Website: hitp://www.actr.convactr/ Yes on Prop. 208: genuine campaign reform. Prop. 208 will ger big money out ofpolitics, making politicians accountable to the voters, not big solution to special-interest influence, sponsored by League of Women Voters and AARP, will be the nation's toughest campaign reform law. campaign contributors, This practical 208 doesn’t limit out-of-districtcampaign contributionsto politicians,It sets contribution limits too high forordinary Californians. 208 givesfavored treatment to candidates withwealthy special interest backers. 208’s“spending limits’’ are only voluntary.It costs taxpayers millions. 208 is toolittle, too late. Yes on 212 instead. Californians for Political Reform,A Committee Sponsored by Leagueof Women Voters of Califomia,American Association of RetiredPersons-California (AARP), CommonCause and United We Stand America926 J Street, Suite 910Sacramento, CA 95814(916).444-0834www.vida.com/cfr Californians Against PoliticalCorruption -11965 Venice Blvd., Suite 408Los Angeles, CA 90066(310) 397-3404http://www.best.com/~myk/fedup/ G96 c H November5, 1996, Ballot Measures—Continued SUMMARY WHAT YOUR VOTE MEANS YES NO | 209 PROHIBITION AGAINST DISCRIMINATION OR PREFERENTIAL TREATMENT BY STATE AND OTHER OTHER PUBLIC ENTITIES. Initiative Constitutional Amendment Put on the Ballot by Petition Signatures Generally prohibits discrimination or preferential treatment based on race, sex, color, ethnicity, or national origin in public employment, education, and contracting, Fiscal Impact: Could affect state and local programs that currently cost well in excess of $125 million annually. Actual savings would depend on various factors (such as future court decisions and implementation actions by governmententities). , A YESvote on this measure means: The elimination of those affirmative action programs for women and minorities run by the state or local governmentsin the areas of public employment, contracting, and education that give “preferential treatment” on the basis of sex, race, color, ethnicity, or national origin. A NOvote on this measure means: State and local governmentaffirmative action programs would remain in effect to the extent they are permitted under the United States Constitution. 210 MINIMUM WAGEINCREASE. Initiative Statute Put onthe Ballot by Petition Signatures Increases the state minimum wage forall industries to $5.00 per hour on March 1, 1997, and to $5.75 per hour on March 1, 1998. Fiscal Impact: Unknown impact on government revenues. Annual wage-related costs to state and local governments of $120 million to $300 milion (depending on federal action), partly offset by net savings, in the low tens of millions, in health and welfare programs. A YESvote on this measure means: California’s minimum wage will increase to $5.00 per hour beginning March I, 1997, and to $5.75 per hour beginning March 1, 1998, A NOvoie on this measure means: California's minimum wagewill not be raised beyond the level required by current law. 211 ATTORNEY-CLIENT FEE ARRANGEMENTS. SECURITIES FRAUD, LAWSUITS. Initiative Statute Put on the Ballot by Petition Signatures Prohibits restrictions on attorney-client fee arrangements, except as allowed by lawsexisting on January 1, 1995. Prohibits deceptive conduct by any . person in securities transactions resulting in loss to retirement funds, savings. Imposescivil liability, punitive damages. Fiscal Impact: Probably minornetfiscal impact on state and local governments. A YESvote on this measure means: The law will be broadened to makeit easier for an individua! to sue for securities fraud particularly in cases involying retirement investments. Also, the Legislature could no longer change the laws concerning any attorney-client fee agreements, A NOvote on this measure means: Current law regarding securities fraud will remain unchanged. Also, the Legislature could still change the laws concerning any attorney-client fee agreements. . 212 CAMPAIGN CONTRIBUTIONS AND SPENDINGLIMITS. REPEALS GIFT AND HONORARIALIMITS. RESTRICTS LOBBYISTS, Initiative Statute Put on the Ballot by Petition Signatures Repeals gift/honoraria limits. Limits contributions to $200 in state and $100 in other campaigns. Imposes spending limits. Prohibits lobbyist contributions. Fiscal Impact: Costs of up to $4 million annually to state and loca! governments for implementation and enforcement; unknown, but probably not significant, state and local election costs, Increases. state revenues about $6 million by eliminating tax deduction for lobbying. A YESvote on this measure means: Campaign contributions by an individual would be limited to $100 for state legislative and local offices and $200 for statewide offices. Mandatory campaign spending limits for state and local offices would be established; if the limits are invalidated by the courts, they would become voluntary. The spending limits for general elections wouldbe $150,000 for state Assembly, $235,000 for state Senate, $1.75 million for statewide offices (other than Governor), ahd $5 million for Governor, Current restrictions on public officials receiving gifts and honoraria woutd be eliminated. Currenttax-deductions for lobbying expenses would bc climinated. remain tax deductible. A NOvote on this measure means: There would continueto be nolimits on political campaign contributions to candidatesfor state office. There would be no limits on the amounts of money that candidates, their campaign committees, or other support groups can spendin any state election. Local governments could establish their own campaign finance limits. Current restrictions on public officials receiving gifts and honoraria would be ~ maintained. Lobbying expenses would 213LIMITATION ON RECOVERYTO FELONS, UNINSUREDMOTORISTS, DRUNK DRIVERS.Anitiative StatutePut on the Ballot byPetition Signatures Denies recovery of all damages toconvicted felons for crime-related injury.Denies recovery of noneconomicdamages(e.g., pain, suffering) to drunkdrivers, if convicted, and most uninsuredmotorists. Fiscal Impact: Probably minornet fiscal impact on state and localgovernment. A YESvote on this measure means:‘Uninsured drivers or drivers convictedof driving under the influence of alcoholor drugsat the time of an accident couldno longer sue someone who wasat faultfor the accident for noneconomic losses(such as pain and suffering). Also, aperson convicted of a felony could nolonger sue for injuries suffered whilecommitting the crime or fleeing from thecrime scene if injuries were a result ofnegligence, A NO vote on this measure means:Individuals could sti}! sue for injuriesthat resulted from an accidentthatoccurred while they were breaking-certain laws, G96 November5, 1996, Ballot Measures—Continued | ARGUMENTS WHOM TO CONTACT FOR MORE INFORMATION: PRO CON FOR AGAINST Proposition 209, the California Civil | Proposition 209 goes too far California Civil Rights Initiative Chris TaylorRights Initiative, is the right thing to | eliminating equal opportunity Yes on 209 8170 Beverly Boulevard, Suite 205do. It ends government-sponsored affirmative action programsfor Box 67278 Los Angeles, CA 90048discrimination by rejecting quotas, preferences andset-asides. It saves tax dollars currently wasted on high-bid contracts, Proposition 209 increases California’s commitmentto fighting sex and race discrimination. Vote Yes. : qualified women and minorities. It permils gender discrimination by state and local governments through a legal loophole. Politicians exploit 209 for their own political opportunism. General Colin Powell has spoken out against 209. Vote no on 209!!! Los Angeles, CA 90067 (310) 286-2274 E-Mail: ccri@earthlink.net http://www.publicaffairsweb.com/ccri Ward Connerly, Chairman Glynn Custred and’ Tom Wood, co-authors (213) 782-1144 Becauseof inflation, California’s minimum wage buysless today than at any time in the past 40 years. Proposition 210 restores the purchasing power of the minimum wage, and makes work more- rewarding than welfare. League of Women Voters, Congress of California Seniors, Consumer Federation of California support Proposition 210, The likely federal minimum wage hike will hurt enough. Proposition 210 will make California’s minimum wagehigher than the federal level and any otherstate. This will mean inflation, less jobs for the young and unskilled, more peuple on government assistance, higher taxpayers’ costs and more hardships for small businesses. Liveable Wage Coalition 660 Sacramento Street, Suite 202 San Francisco, CA 94111 (415) 616-5150 ; E-Mail:LIVINGWAGE@AOL.com http://www.prop2!0.org Alliance to Protect Smail Busiriesses & Jobs 268 Bush Street, #3431 San Francisco, CA 94104 Website: www.prop2]Ono.org Fraud must be punished. Prosecutors are swamped by fraud cases, Proposition 21 punishes white collar cheaters who ‘willfully, knowingly, or recklessly” defraud people out of their pension or retirement savings. Proposition 211 helps victims get their money back and holds corporate executives personally responsible for cheating senior citizens! 211 is a hoax. 211 prohibits limits on lawyer fees and encourages frivolous lawsuits that clog courts, damage business and stall medical research. 211 could cost 159,000 jobs and $5.1 billion in higher taxes. 211 damages pensions, retirement and family savings. Seniors, Democrats, Republicans, families say no on 211. Sean Crowley Citizens for Retirement Protection and Security (213) 617-7337 Taxpayers Against Frivolous Lawsuits 915 L Street, #C307 Sacramento, CA 95814 (916) 774-0637 1-800-966-1492 Fax: (916) 774-0429 WebSite: http://www.tafl.com 212 gets tough on specialinterests and self-interested politicians. 212 Strictly limits out-of-district campaign contributions; bans corporate and union contributions; bans corporate tax deductions for lobbying; sets $100 contribution limits; and sets low, mandatory campaign spending limits. All af no cost to taxpayers. Vote Yes on 212. Warning: Prop. 212 is consumer fraud. \t wipes out anti-corruption laws, legalizing unlimited personal cash payments andgifts to elected officials! It allows special interests to give one hundred.times what you and { can give! A hundredfold advantage! Opposed by League of Women Voters & AARP. Vote no, Californians Against Political Conuption 11965 Venice Boulevard, Suite 408 Los Angeles, CA 90066 (310) 397-3404 http://www.best.com/~myk/fedup/ Californians for Political Reform, A Committee Sponsored by League of Women Voters of California, American Association of Retired Persons-California (AARP), Common Cause and United We Stand America 926 J Street, Suite 910 Sacramento, CA 95814 (916) 444-0834 www.vida.com/ctr A yes vote on this measure means: A convicted felon would be prohibited from recovering monetary damages for an accidental injury sustained while fleeing from his or her crime. Drunk drivers and uninsured motorists involved in collisions could recover only medical and out-of-pocket expenses but would be prohibited from recovering ‘‘pain and suffering” awards from insured drivers. No-Fault Auto Insurance has failedtwice in California. Now, theInsurance Lobby’s newest No-Faultscheme rewards reckless drivers whohit innocent poor people. Proposition213 Jets reckless drivers avoid ,responsibility. No-Fault for recklessdrivers. The No-Faulters say we savemillions. But nothing in Proposition213 No-Fault lowers our insurancerates, Rex Frazier .915 L Street, Suite 1050Sacramento, CA 95814(916) 449-2956Fax: (916) 449-2959 Corisumers Against No Fault-forReckless Drivers2110 K Street, #198Sacramento, CA 95816(916) 444-0748 G96 November5, 1996, Ballot Measures—Continued SUMMARY WHAT YOUR VOTE MEANS YES NO 214 HEALTH CARE, - CONSUMER PROTECTION. Tnitiative Statute Put onthe Ballot by Petition Signatures Regulates health care businesses. Prohibits discouraging health care professionals from informing patients or advocating treatment. Requires health care businessesto establish criteria for payment and facility staffing. Fiscal Impact: Increased state and local governmentcosts for existing health programs and benefits, probably in the tens to hundreds of millions of dollars annually, A YESvote on this measure means: Physical examinations. would be required before health plans or insurers could deny recommended care.State staffing standards would be expanded to more types of health facilities, taking the needs of individual patients into account. Health care businesses could not offer financial incentives to doctors and others to reducecare. Certain health care employces and contractors would have additional protections. A NOvote on this measure means: There would be no requirements regarding physical examinations prior to denial of recommendedcare, There { would not be any change to current state and federal laws regarding health facility staffing, health care employee and contractorprotections, and restrictions on financial incentives to reduce care. 215 MEDICALUSE OF MARIJUANA. Initiative Statute Put on the Ballot by Petition Signatures Exempts from criminal laws patients and defined caregivers who possess or cultivate marijuana for medica] treatment recommended by a physician. Provides physicians who recommend useshall not be punished. Fiscal Impact: Probably no significant fiscal impact on state and local governments. A YESvote on this measure means: Persons with certain illnesses (and their caregivers) could grow or possess marijuana for medical use when recommended by a physician. Laws. prohibiting the nonmedical use of marijuana are not changed. A NOvote on this measure means: Growingor possessing marijuana for any purpose (including medical purposes) would remainillegal. 216 HEALTH CARE, CONSUMERPROTECTION, TAXES ON CORPORATE .RESTRUCTURING. Initiative Statute Put onthe Ballot by Petition Signatures Regulates health care businesses, Prohibits discouraging health care professionals from informingpatients. Prohibits conditioning coverage on arbitration agreement. Establishes nonprofit consumer advocate. Imposes taxes on corporate restructuring. Fiscal Impact: New tax revenues, potentially hundreds of millions of dollars annually, to fund specified health care. Additional state and local governmentcosts for existing health programs and benefits, probably tens to hundreds of millions of dollars annually. A YES vote on this measure means: New taxes would be imposed on health care businesses to fund specified health care services. Physical examinations would be required before health plans or insurers could deny recommendedcare. State staffing standards would beset for all health facilities, taking the needs of individual patients into account. Health care businesses could not offer financial incentives to doctors and others to reduce care. Certain health care employees and contractors would have additional protections. A NO vote on this measure means: New taxes would not be imposed on health care businessesto finance health care services, There would be no requirementregarding physical examinations prior to denial of recommended care. There would not be any changeto current state and federal laws regarding health facility staffing, health care employee and contractor protections, and restrictions on financia’ incentives to reduce care. 217 TOP INCOME TAX BRACKETS. REINSTATEMENT. REVENUES TO LOCAL AGENCIES. Initiative Statute Put on the Ballot by Petition Signatures Retroactively reinstates highest tax rates on taxpayers with taxable income over $115,000 and $230,000 (current estimates) and joint taxpayers with taxable incomes over $230,000 and $460,000 (current estimates). Allocates revenue from those rates to local agencies. Fiscal Impact: Annual increase in state personal income tax revenues of about $700 million, with about half the revenues allacated to schools andhalf to other local governments. A YESvote on this measure means: Incometaxes will be raised on the highest income taxpayersin thestate, with the increased revenues going to '] schools and other local governments. A NOvote on this measure means: Incometaxes on the highest-income taxpayers in the state will not be raised. 218VOTER APPROVAL FORLOCAL GOVERNMENTTAXES.LIMITATIONS ON FEES,ASSESSMENTS, AND CHARGES.Initiative ConstitutionalAmendmentPut on the Ballot byPetition Signatures Requires a majority of voters to approveincreases in general taxes. Requiresproperty-related assessments, fees,charges be submitted to property ownersfor approval, Fiscal Impact: Short-termlocal government revenue losses of morethan $100 million annually. Long-termlocal governmentrevenue losses ofpotentially hundreds of millions ofdollars annually. Comparable reductionsin spending for local public services. A YESvote on this measure means:Local governments’ ability to chargeassessments and certain property-relatedfees would be significantly restricted.Spending for local public services wouldbe reduced accordingly. Manyexistingand future focal governmentfees, ,assessments, and taxes would be subjectto voter-approval. A.NOvote on this measure means:Local governments could continue tocollect existing property-related fees,assessments, and taxesto pay for localpublic services, Local governments-would have no new voter-approvalFequirements for revenue increases. G96. November5, 1996, Ballot Measures—Continued ARGUMENTS WHOM TO CONTACT FOR MORE INFORMATION PRO CON FOR AGAINST Proposition 214 protects freedom of speech between patients and doctors, and patients’ right to the care that their health insurance has already paid for. It prevents HMOs and insurers from using gag rules, intimidation, or financial incentives to discourage doctors from providing needed care. Please, vote yes on Proposition 214, , Proposition 214,like 216, is bogus health care reform.It increases health insurance by up to 15% (costing billions), costs taxpayers hundreds of millions, and helpstrial lawyersfile more frivolous lawsuits. 214 and 216 could cost 60,000 workers their jobs but don’t provide health coverage to anyone. Vote no. Californians for Patient Rights 560 Twentieth Street Oakland, CA 94612 (510) 433-9360 Internet Address: hitp://www.yes-prop214,org Taxpayers Against Higher Health Costs Stop the Hidden Health Care Tax 915 I. Street, Suite C240 Sacramento, CA 95814 (916) 552-7526 (800) 996-6287 Fax: (916) 552-7523 WebSite: http://www.noprop21 4.org Marijuana can relieve pain and suffering in seriousillnesses like cancer, glaucoma and AIDS. Proposition 215 permits patients to use. marijuana, but only if they have the approval ofa licensed physician. Tight controls limiting marijuana to patients only will remainin place. Cancer doctors and nurses groups support 215, Propositon 215 legalizes marijuana. Vote no. It allows people to grow and smoke marijuanafor stress or ‘‘any other illness.” No written prescription or examination is required, even children can smokepotlegally. The American Cancer Society rejects smoking marijuana for medical purposes and no major doctor’s organization supports 215. Californians for Medical Rights 1250 Sixth Street, #202 Santa Monica, CA 90401 (310) 394-2952 Fax: (310) 451-7494 Internet home page: http://www.prop215.org Citizens for a Drug-Free California Sheriff Brad Gates, Chairman 4901 Birch Street Newport Beach, CA 92660 (714)476-3017 Protects consumers against unsafe care by insurance companies and HMOs.:Outlaws bonuses to doctors for denying treatment. Restores control of patient care to doctors and nurses. Saves lives. Reduces costs to taxpayers, businesses, Bans unjustified premium increases. Creates independent watchdog. Backed by California Nurses Association, Harvey Rosenfield and Ralph Nader. Propositions 216 and 214 are near twins—~phony health care reform that costs taxpayers and consumers billions without providing coverage to the uninsured. 216 means: four new taxes; dramatically higher health insurance costs; more government bureaucrats; more frivolous lawsuits for trial lawyers; and up to 60,000 lost jobs. Vote xo, . Harvey Rosenfield Consumers and Nurses for Patient Protection 1750 Ocean Park #200 Santa Monica, CA 90405 (310) 392-0522 E-Mail: network @primenet.com Taxpayers Against Higher Health Costs Stop the Hidden Health Care ‘Tax 915 L Street, Suite C240 Sacramento, CA 95814 (916) 552-7526 (800) 996-6287 Fax: (916) 552-7523 WebSite: http://www.noprop216,org Proposition 217 restores little fiscal sanity to California. [t cancels a tax cut for the wealthiest 1.2%—a cut the rest of us won't get—to protect schools and restore local funding the state took away. Support your local schools, law enforcement, libraries, parks, andchild protection. Vote yes. Taxes already are too high! Retroactive tax increase effectively gives California highest personal income tax rate nationwide. Smail businesses would be hurt. Absolutely no guarantees or accountability how the new tax money would be spent. Contains too many provisions with uncertain and even potentially dangerous economic consequences. No on 217! . Yes on Proposition 217 _ 2500 Wilshire Blvd., Suite 508 Los Angeles, CA 90057 213-386-4036 Web site address: http://www.prop2] 7.org Californians for Jobs, Not More Taxes/No on 217 1{1 Anza Boulevard, Suite 406 Burlingame, CA 94010 (415) 340-0470 Proposition 218 simply givestaxpayers the right to vote on taxes.Proposition 218 provides onlyregistered Californians vote on taxes.Nonresidents, foreigners,corporations get no new rights.Proposition 28 doesn't cuttraditional “lifeline” services; allowstaxes for police, fire, education. Yourright to vote on taxes: Yes onProposition 218. Gives large Jandowners—includingnoncitizens—more voling power thanaverage homeowners. Deniesassessment voting rights for renters.Cuts existing Funding for local police,fire, library services. Adds new taxeson public property like neighborhoodschools, cutting funds available forteaching and classroom supplies andcomputers; increases school crowding, The Howard JarvisTaxpayers AssociationThe Right to Vote on Taxes Act,Yes on Prop. 218621 S. Westmoreland Avenue,Suite 202Los Angeles, CA 90005(213) 384-9656 Citizens for Voters’ Rights2646 Dupont Dr., Suite 20-412Irvine, CA 92612(714) 222-5438http://www.prop218no.org G96 bt(213 Voter Approval for Local Government Taxes. Limitations on Fees, Assessments, and Charges. { | | i |THO Initiative Constitutional Amendment. — Official Title and Summary Prepared by the Attorney General VOTERAPPROVAL FOR LOCAL GOVERNMENT TAXES. LIMITATIONSON FEES, ASSESSMENTS, AND CHARGES. - INITIATIVE CONSTITUTIONAL AMENDMENT. Limits authority of local governments to impose taxes and property-related assessments, fees, and charges, Requires majority of voters approve increases in general taxes and reiterates that two-thirds must approve special tax. Assessments, fees, and charges must be submittedto property owners for approval or rejection, after notice and public hearing. Assessmentsare limited to the special benefit conferred. Fees and charges are limited to the cost of providing the service and may not be imposed for general governmental services available to the public. Summary of Legislative Analyst's Estimate of Net State and Local GovernmentFiscal Impact; * Short-term local government revenue losses of more than $100 million annually. : * Long-term local governmentrevenue losses of potentiallyhundredsof millions ofdollars annually. Local government revenue losses generally would result in comparable reductionsiin spending for local public services. 72 G96 Analysis by the Legislative Analyst OVERVIEW Local governments provide manyservices to people nd businesses in their communities. To pay for these services, local governments raise revenues by imposing fees, assessments, and taxes. This constitutional measure would make it more difficult for local governments to raise these revenues. As a result, this measure would: , ¢ Reduce the amountoffees, assessments, and taxes that individuals and businesses pay. * Decrease spendingfor local public services. PROPOSAL This measure would constrain local governments’ ability to impose fees, assessments, and taxes. The measure would apply to all cities, counties, special districts, redevelopment agencies, and school districtsiin California. Fees Current Practice. Local governments charge fees to pay for many services to their residents. Some of these fees pay for services to property, such as garbage collection and sewer service. Fees are also called “charges.” Local governments often establish several fee amounts for a service, each based on the approximate cost of providing the service todifferent types of properties | auch as commercial, industrial, or residential property). Local governments usually ‘send monthly bills to property ownersto collect these fees, although somefees are placed on the property tax bill: Local governments generally hold public hearings before creating or increasing such a fee, but do not hold elections on fees. Proposed Requirements. for Property-Related Fees. This measure would restrict local governments’ ' ability to charge “property-related” fees. (Fees for water, sewer, and refuse collection service probably meet the measure’s definition of a property-related fee. Gas and electric fees and fees charged to land developers are specifically exempted.) Specifically, the measure states that all local property-related fees must comply by July 1, 1997, with the following restrictions: * No property owner’s fee may be more than the cost _to provide service to that property owner’s land. .* No fee maybe charged for fire, police, ambulance, library service, or any other service widely available to the public. * No fee revenue may be used for any purpose other than providing the property-related service. * Fees may only be charged for services immediately available to property owners. In addition, the measure specifies that before adopting a new property-related fee (or increasing an existing one), ‘ocal governments must: mail information about the fee vO every property owner,reject the fee if a majority of the property owners protestin writing, and hold an election on the fee (unless it is. for water, sewer, or refuse collection service). G96 Taken together, these fee restrictions would require local governments to reduce or eliminate some existing fees. Unless local governments increased taxes to replace these lost fee revenues, spendingfor local public services likely: would be decreased. The measure’s requirements . would also expand local governments’ administrative workload..For example, local governments would have to adjust many property-related fees, potentially (1) setting them on a block-by-block or parcel-by-parcel basis and (2) ending programsthat allow low-income people to pay reduced property-related fees. Local governments would also have to mail information to every property owner _ andholdelections. Assessments Current Practice. Local governments charge assessments to pay for projects and services that benefit specific properties, For example, home owners may pay assessmentsfor sidewalks, streets, lighting, or recreation programsin their neighborhood. Assessmentsare also called “benefit assessments,” “special assessments,” “maintenance assessments,” and similar terms. Local governmentstypically place assessment charges on the property tax bill. To create an assessment, state laws require local governments to determine which properties would benefit from a project or service, notify the owners, and set assessment amounts based on the approximate benefit property owners would receive. Often, the rest of the community or region also receives some general benefit from the project or service, but does not pay a share of cost. Typical assessments that provide general benefits include fire, park, ambulance, and mosquito control assessments, ‘State laws generally require local governments to reject a proposed assessment if more than 50 percent of the property owners protest in writing. Somelocal governmentsalso levy “standby charges,” which are similar to assessments. Standby charges — commonly finance waterand sewer service expansions to new households and businesses. (The measure treats standby charges as assessments.) Proposed Requirements for Assessments. This measure would place extensive requirements on local governments charging assessments, Specifically, the measure requires all new orincreased assessments—and some existing assessments—to meetfour conditions. _* First, local governments must estimate the amount of “special benefit” landowners receive—or would receive—from a project or service. Special benefit is defined as a particular benefit to land and buildings, not a general benefit to the publi¢ at large or a general increase in property values. If a project provides both special benefits and general benefits, a local government may charge landownersonly for the cost of providing the special benefit. Local government must use general revenues (such as taxes) to pay the remaining portion of the project or service’s cost. In somecases, local government may not have sufficient revenues to pay this cost, or may choose not to pay it. In these cases, a project or service would not be provided. 73 ¢ Second, local governments must ensure that no property owner’s assessmentis greater than the cost to provide the improvementor service to the owner’s property. This provision would require local governments to examine assessment amounts in detail, potentially setting them on a parcel-by-parcel or block-by-block basis. * Third, local governments must charge schools and other public agencies their share of assessments. Currently, public agencies generally do not pay assessments. * Finally, local governments must hold a mail-in election for each assessment. Only property owners and any. renters responsible for paying assessments would be eligible to vote. Ballots cast in these elections would be weighted based on the amountof the assessment the property owner or renter would pay. For example, if a business owner would pay twice as much assessment as a homeowner, the business owner’s vote would “count” twice as much as the homeowner’s vote. Figure 1 summarizes the existing assessments that would be exempt from the measure’s requirements. We estimate that more than half of all existing assessments ‘would qualify for an exemption. All other existing assessments must meet the measure’s requirements—including the voter approval requirement—by July 1, 1997. : Existing Assessments Exempt from the Measure’s Requirements __ « Assessments previously approved by voters—orbyall property owners at the time the assessment wascreated. * Assessments whereall the funds are used to repay bond obligations, « Assessments where all the funds are used to pay for sidewalks, streets, sewers, water, flood control, drainage systemsor, “vector control’? (such as mosquito control). Taxes Current Practice. Local governments typically use taxes to pay for general government programs, such as police and fire services. Taxes. are “general” if their revenues can be used to pay for many government programs, rather than being reserved for specific programs. Proposition 62—-a statutory measure approved by the voters in 1986—requires new local general taxes to be approved by a majority vote of the people. Currently, there are lawsuits pending as to whetherthis provision applies to cities that have adopted a local charter, such as Los Angeles, Long Beach, Sacramento, San Jose, and manyothers. 74 Proposed Requirements for Taxes. The measure states that all future local general taxes, including those in cities with charters, must be approved by a majority vote of the people, The measure also requires existin, local general taxes established after December 31, 1994, without a vote of the people to be placed before the voters within two years. Other Provisions Burden ofProof. Currently, the courts allow local governmentssignificant flexibility in determining fee and assessment amounts. In lawsuits challenging property fees and assessments, the taxpayer generally has the “burden of proof” to show that they are not legal. This measure shifts the burden of proof in these lawsuits to local government. Asa result, it would be easier for taxpayers to win lawsuits, resulting in reduced or repealed fees and assessments. Initiative’ Powers. The measure states that Californians have the powerto repeal or reduce anylocal tax, assessment, or fee through the initiative process. This provision broadensthe existing initiative powers | available under the State Constitution and local charters. FISCAL IMPACT Revenue Reductions Existing Revenues, By July 1, 1997, local governments would be required to reduce or repeal existing property-related fees and assessmentsthat d- not meet the measure’s restrictions on (1) fee-anu assessment amountsor (2).-the use of these revenues. The most likely fees and assessments affected by these provisions would be those for: park and recreation programs,fire protection, lighting, ambulance, business improvement programs, library, and water service. Statewide, local government revenue reductions probably would exceed $100 million annually. The actual level of revenue reduction would dependin large part on how the courts interpret various provisions of the measure. In addition, because local governmentsvary significantly in their reliance upon fees and assessments, the measure’s impact on individual communities would differ greatly. Within two years, local governments also would be required to hold elections on some recently imposed taxes and existing assessments. The total amountof these taxes and assessments is unknown, but probably exceeds $100 million statewide. If voters do not approve these existing taxes and assessments,local governments would lose additional existing revenues. _ New Revenues. The measure’s restrictions and voter-approval requirements would constrain new and increased fees, assessments, and taxes. As a result, local government revenuesin the future would be lower than they would be otherwise. The extent of these revenue reductions would dependon court interpretation of the measure’s provisions and local government actions to replace lost revenues. G96 Summary of Revenue Reductions. In the short ’ term, local government revenues probably would be reduced by more than $100 million annually. Over time, cal government revenues wouldbe significantly lower sian they would otherwise be, potentially by hundreds of millions of dollars annually, Individual and business payments to local government would decline by the same amount, In general, these local government revenue losses would result in comparable reductionsiin spending for local public services. . Cost Increases Local governments would have significantly increased costs to hold elections, calculate fees and assessments, notify the public, and defend their fees and assessments in court. These local increased costs are unknown, but could exceed $10 million initially, and lesser amounts annually after that. School and community college districts, state agencies, cities, counties, and other public agencies would have increased costs to pay their share ofassessments. The amountof this. cost is not known, but could total over $10 million initially, and increasing amounts in_ the future. For text of Proposition 218 see page 108 - G96 75 218 Voter Approval for Local Government Taxes. Limitations on Fees, Assessments, and Charges. Initiative Constitutional Amendment. . Argument in Favor of Proposition 218 - .VOTE YES ON PROPOSITION 218. IT WILL GIVE YOU THE RIGHT TO VOTE ON TAX INCREASES! Proposition 218 guarantees yourright to vote on local tax increases—even when they are called something else, like “assessments”or “fees” and imposed on homeowners. _ Proposition 218 guarantees your right to vote on taxes imposed on your water, gas, electric, and telephonebills. Proposition 218 does NOT prevent governmentfrom raising and spending money for vital services like police, fire and education. If politicians want to raise taxes ‘they need only convince local voters that new taxes are really needed. Proposition 218 simply extends the long standing constitutional protection against politicians imposing tax increases without voter approval. After voters passed Proposition 13, politicians created a loophole in the law that allows them to raise taxes without voter approval by calling taxes “assessments” and“fees.” Once this loophole was created, one lawyer working with politicians wrote, assessments “are now.limited only by the limits of human imagination,” How imaginative can the politicians be with assessments? Here are.a few examples among thousands: ¢ Aview tax in Southern California—the better the view of the ocean you have the more you pay. * In Los Angeles, a proposal for assessmentsfor a $2-million scoreboard and a $6-million equestrian center to be paid for by property owners. ¢ In Northern California, taxpayers 27 miles away from a park are assessed because their property supposedly benefits from that park. . * In the Central Valley, homeowners are assessed to refurbish a college football field. TAXPAYERS HAVENO RIGHT TO VOTE ON THESE ' TAX INCREASES AND OTHERS LIKE THEM UNLESS PROPOSITION 218 PASSES! Proposition 218 will significantly tighten the kind of benefit assessments that can be levied. . Here are examples of why fees and assessments and other nonvoted taxes are so unfair: * The poor pay the same assessments as the rich. An elderly widow pays exactly the same on her modest homeas a tycoon with a mansion. * There are now over 5,000 local districts which can impose fees and assessmentswithout the consent of local voters. Special districts have increased assessments by over 2400% over 15 years. Likewise, cities have increased utility taxes 415% and raised benefit assessments 976%, a ten-fold increase. Non-voted taxes on electricity, gas, water, and telephone services hit renters and homeowners hard. And,retired homeownersget hit doubly hard! To confirm the impact of fees and assessments on you, look at yourproperty tax bill. You will see a growinglist of assesaments imposed without voter approval. The list will grow even longer unless Proposition 218 passes. Proposition 218 will allow you andyour neighbors—not politicians—to decide how high your taxes will be. It will allow those who pay assessments to decide if what they are being asked to pay for is worth the cost. FOR THE RIGHT TO VOTE ON TAXES, VOTE YES C . PROPOSITION 218, : "JOEL FOX President, Howard Jarvis Taxpayers Association JIM CONRAN _ President,Consumers First RICHARD GANN President, Paul Gann’s Citizens Commitiee Rebuttal to Argument in Favor of Proposition 218 PROPOSITION 218 IS NO FALSE ALARM .. . IT HURTS Propositions can deceive, so carefully judge who you believe. Beware of wild claims for new “constitutional rights” and people who pretend concern about widows and orphans. ' Read. Proposition 218 yourself. and see how large corporations, big landowners and foreign interests gain more voting power than YOU. Promoters say you get “tax reform” ... you may actually get serious cutbacks in local service and FEWER VOTING RIGHTSfor millions of California citizens. Sometimes we hear hysterical warnings about bad things that never occur . . . Proposition 218 is a REAL threat. On Proposition 218 consider the harm to EXISTINGlocal services, not vague future threats: ; * May reduce CURRENT funding for police, fire and emergency medical programs across California. © Worsens SCHOOL CROWDINGby making public schools pay NEW TAXES,. cutting classroom teaching. ¢ Could eliminate LifeLine utility support for SENIORS and disabled citizens. _ CONSTITUTIONAL POWERSHIFT. Proposition 218 etches this into the state Constitution: * Blocks 3 million Californians from voting on tax assessments. The struggling young couple renting a small home, WILL HAVE NO VOTEon the assessments imposed on the house they rent. * Grants special land interests more voting power than average homeowners, The “elderly widow” promoterscite will be banned from voting if she is a renter, or her voting power dwarfed by large property owners. * Gives non-citizens voting rights on your community taxes. Proposition 218 is a great deal for wealthy special interests, Butit’s a bad deal for the average taxpayer, homeowner and renter. HOWARD OWENS Congress of California Seniors LOIS TINSON ‘President, California Teachers Association RON SNIDER President, California Association of Highway Patrolmen 16 Arguments printed on this page are the opinions of the authors and have not been checked for accuracy by anyofficial agency. G96 Voter Approval for LocalGovernment Taxes. Limitations on Fees, Assessments, and Charges. Initiative Constitutional Amendment. 218 ArgumentAgainst Proposition 218 PROPOSITION 218 DILUTES VOTING RIGHTS, HURTS LOCAL SERVICES In the disguise of tax reform, Proposition 218'’s Constitutional Amendment REDUCES YOUR VOTING POWERand gives huge voting power to corporations, foreign interests and wealthy land owners. ! . It cuts police,fire, library, park, senior, and disabled services and diverts funds neededfor classroom-size reductions. Read Proposition 218 carefully—it’s a wolf, not a lamb! YOU LOSE RIGHTS; CORPORATIONS, DEVELOPERS, NON-CITIZENS GAIN VOTING POWER Section 4(e) of Proposition 218 changes the Constitution to give corporations, wealthy landowners and developers MORE OTINGPOWER THAN HOMEOWNERS.Itlets large outside interests control community taxes-—against the will of local citizens. : . EXAMPLE:An oil company owns 1000 acres, you own one acre; the oil corporation gets 1000 times more voting power than you. While Prop. 218 gives voting power to outside interests, Section 4(g) denies voting rights to more than 3,000,000 California renters, : Reducing Americancitizens’ Constitutionalrights, it grants voting rights to corporations and absentee landowners—even foreign citizens. EXAMPLE:A shopping center owned by a foreign citizen is worth 100 times as much as your home; that person gets 100 ‘imes more voting powerthan you! Every citizen should have the right to vote if a communityis voting on local assessmentsforpolice, fire, emergency medical | and library programs, It’s unfair to give votingPore to non-citizens, big landowners and developers, yet deny it to millions of Californians. . MAY CUT LOCAL POLICE, FIRE PROTECTION ; Section 6(b)(5) eliminates vital funding sources for local police, fire, emergency medical and library services. Proposition 218 goes too far—may forbid emergency. assessments for earthquakes, floods andfires. Don’t handcuff police andfirefighters. The California Police Chiefs Association, Fire Chiefs Association and California Professional Firefighters ask you to vote NO, , The impartial Legislative Analyst’s report shows how Proposition 218 could impede LifeLine support. for the elderly and disabled. It prohibits seniors and disabled from receiving needed utility services unless they pay all costs themselves. Proposition 218 cuts more than $100 million from local services, yet wastes tens of millions each year by changing the Constitution to require 5,000 local elections even if loca) citizens don’t want an election . . . even if the election cost is more than the potential revenue. MAKES SCHOOL CROWDING WORSE California teachers oppose Proposition 218 because Section 4(a) imposes a new tax on public school property, diverting millions from classroom programs to pay for non-school expenses." California already has the most crowded classrooms in America (dead last of 50 states), Proposition 218 makes school crowding worse. SHELL GAME ; This measure takes a few good ideas, but twists and perverts them. It cripples the best local services and puts more power into the hands of special interests and non-citizens. . Proposition 218 goes too far. Assessment laws DO need improvement, but Proposition 218 is the wrong way to doit. It does more harm than good, restricting our voting rights, hurting schools, seniors and public safety programs. Please vote NO on Proposition 218. FRAN PACKARD. : President, League ofWomen Voters ofCalifornia CHIEF RON LOWENBERG President, California Police Chiefs’ Association CHIEF JEFF BOWMAN — President, California Fire Chiefs’Association Rebuttal to Argument Against Proposition 218 ; Arguments against Proposition 218 are misleading and designed to confuse voters. In truth: 1. Proposition 218 expands your -voting rights. It CONSTITUTIONALLY GUARANTEESyourright to vote on taxes, . 2. Under Proposition 218, only California registered voters, including renters, can vote in tax elections. Corporations and foreigners get no new rights. 3. Current law already allows property owners, including nonresidents, to act on property assessments based on the assessment amount they pay. This is NOT created by Proposition 218. 4. “Lifeline” rates for elderly and disabled for telephone, gas, and electric services are NOTaffected. 5. Proposition 218 allows voter approved taxes for police, fire, education, ‘Proposition 218 simply gives taxpayers the right to vote on axes and stops politicians’ end-runs aroundProposition 13. . Under Proposition 218,officials must convince taxpayers that tax increases are justified. Politicians and special interest groups don’t like this idea. But they can’t win by saying “taxpayers should not vote on taxes,” so they use misleading statements to confuse a simple question. ‘That question: DO YOU BELIEVE TAXPAYERS SHOULD HAVE THE RIGHT TO VOTE ON TAXES? If you answered “yes”, VOTE YES ON PROPOSITION 218. Read the nonpartisan, independent SUMMARYby the © Attorney General, which begins “VOTER APPROVAL FOR LOCAL GOVERNMENTTAXES.” And,by all means read your property tax bill, due out now. Then you'llknow the truth. FOR THE RIGHT TO VOTE ON TAXES, VOTE YES ON PROPOSITION 218! CAROL ROSS EVANS Vice-President, California Taxpayers Association FELICIA ELKINSON Past President, Council ofSacramento Senior Organizations That’s why ordinary taxpayers, seniors, parents, LEE PHELPS homeowners, renters, consumer advocates,: support Founder, Alliance of California Taxpayers Proposition 218. and Involved Voters (ACTIV) - G96 Arguments printed on this page are the opinionsof the authors and have notbeen checkedfor accuracy by anyofficial agency, 17 computed as. if the taxpayer was a resident forall prior years. . (e) There shall be imposed for each taxable year upon the taxable incomeofeveryestate, trust, or commontrust fund taxes equal to the amount computed under subdivision (a) for an individual having the same amountof taxable income. : (f) The tax imposed bythis part is not a surtax, (g) (1) Section | (g) ofthe Internal Revenue Code,relating to certain uneamed incomeof minorchildren taxed as if the parent's income, shall apply, exceptas otherwise provided. (2) Section 1(g)(7)(B)(ii)(U)of the Internal Revenue Code, relating to income included on parent's return, is modified, for purposes ofthis parl, by substituting “five dollars ($5)" for “seventy-five dollars ($75)"and “*f percent’ for “15 percent,” (h) For each taxable year beginning onorafter January 1, 1988, the Franchise Tax Board shall recompute the income tax brackets prescribed in subdivisions (a) and (c). That computation shall be made as follows: . ! (1) The California Department of Industrial Relations shall transmit annually to the Franchise Tax Board the percentage change in the California Consumer Price Index forall items from June of the priorcalendar year to June ofthe current calendar year, no later than August | of the current calendar year, (2) The Franchise Tax Board shalt do both ofthe following: (A) Compute an inflation adjustment factor by adding 100 percent to the percentage change figurethat is furnished pursuant to paragraph (1) and dividing the result by 100. (B) Multiply the preceding taxable year income tax brackets by the inflation adjustment factor determined in subparagraph (A) and roundoff the resulting products to the nearest one dollar ($1). (i) (1) For purposesofthis section, the term “California adjusted gross income”includes each ofthe following: | (A) _ For any part of the taxable year during which the taxpayer was a residentofthis state (as defined by Section 17014). all items of adjusted gross income, regardless of source. (B) For any part of the taxable year during which the taxpayer was not a resident ofthis State, only those itemsofadjusted gross income which were derived from sourceswithin this state, determined in accordance with Chapter 11 (commencing with Section 17951). (2) For purposes of computing “California adjusted gross income” under paragraph (1), the amount of any net operating loss sustained in any taxable year during any part of which the taxpayer was not a resident of this state shal! be limited to the sumof the following: (A) The amount ofthe loss attributable to the part of the taxable year in which the taxpayer was a resident. (B) The amountof the loss which, during the part of the taxable year the taxpayeris not resident, is attributable to California source income and deductions allowable in arrivingat adjusted-gross income. : (j} Iris the intent of the people of:the State of California in enacting the amendments to this section made bythe statutory initiative adding this subdivisionto continue those marginal income tax rates that affect only the very highest income taxpayers and would otherwise expire in 1996, in orderto generate those revenues necessary to provide a basiclevel of local Jiscalrelief and maintain the state’s abilityto fidfill its other obligations. It is the intent ofthe people of the State of California that anyfuture enactment that aliers therate, base, or burdenofthe state personalincometaxat least maintainthe level and proportionate share of revenues derived fromthe marginal income tax rates provided forby the statutory initiative: adding this subdivision. Section 5. Allocation of revenues from state to tocal government. Section 19603 of the Revenue and Taxation Code is amended to read: 19603. Fire (a) Except as provided in subdivision (b), the balance of the moneys in the Personal Income Tax Fund shall, upon order of the Controller, be drawn therefrom for ‘he purpose of making refunds under this part or be. transferred to the General Fund undelivered refund warrants shall be redeposited in the Personal Income Tax Fund receipt by the Controller. (b} (1) (A) Subject to any reduction required by subparagraph (B), on December | of eachfiscal year, there is hereby deposited in the Local Agency Fiscal Restoration Account, which is hereby created in the General Fund, that additional amount ofpersonal income tax revenue that is collected for the immediately preceding taxable year as a result of the amendments to Section 17041 made by the statutoryinitiative adding this subdivision, which continue in existence the nwo highest personal income tax rates, (B) Notwithstanding any otherprovision of law, any increase resulting fromthe statutory initiative adding this subdivision in the amount of state educational funding required by Section 8 of Article XV) of the California Constitution and any implementing statute shall he fundedfroma reductionin the amountof the deposit otherwise required by subparagraph(A). In no event shall the statutoryinitiative adding this subdivision result in a level of state educational funding that is less than the levelof state education funding that would occur in the absence of that measure. (2) in each fiscal year, the full amount of revenues that.is deposited in the Local Agency ’ Fiscal Restoration Account pursuant to paragraph (1) is hereby appropriated ta the Controller for apportionment among all counties in the state, Based upon information provided by the Department of Finance, the Controller shall make an apportionment to each . county in accordance with the proportion that the total amount of revenue, required to be shifted for the prior fiscal year framall local agencies in the county as a result of Sections 97.2 and 97,3, bears to the total amount required to be shifted for the priorfiscal year as a result of those same sectionsforall local agencies in the state. For purposes of determining proportionate shares pursuant to the preceding sentence, the Controller shall reduce the total amountofshift revenue determinedforall local agencies of a county by the total amount of revenue allocated in that county pursuantto Section 35 of Article XII of the California Constitution, and shall also reduce the total anount ofshift revenues determined forall local agencies in the state bythe total amount of revenue allocated in the state pursuant to that Same constitutional provision, Each apportionment received by a county pursuant to this section shail be deposited by the countytreasurer as provided in Section 30061 of the Government Code, For purposesofthis subdivision, “local agency" has the same meaning as that same termis used in Section 30061 of the Government Code. (c) dt is the intent ofthe people of the State of California in enacting subdivision (b) to make those personal income tax revenues, derived fromthe tax rates imposed upon only the very highess income taxpayers, available to relieve local agencies that have been required by state law to assume a portion of the state’s funding burden, and therebyallow those agencies to better fund essential public services. Section 6. The Legislature may amend this measure only by a statute, passed in r house of the Legislature by a two-thirdsvote,thatis consistent with and furthers the pur of this measure, However,the Legislature may enacta statute to implement subdivision (h) us Section | of this measure with the approval of only a majority of each house of the Legislature. Proposition 218: Text of Proposed Law This initiative measure is submitted to the people in accordance with the provisions of Article II, Section 8 of the Constitution. This initiative measure expressly amendsthe Constitution by addingarticles thereto, therefore, new provisions proposed to be added are printed in italic type to indicate that they are new. PROPOSED ADDITION OF ARTICLE XII C AND ARTICLE XIII D RIGHT TO VOTE ON TAXES ACT SECTION 1. TITLE. This act shall be known and may becited as the “Rightto Vote on Taxes Act.” SECTION 2. FINDINGS AND DECLARATIONS. The people of thé State of California hereby find and declare that Proposition 13 was intended toprovideeffective tax relief and to require voter approval oftax increases. However, local governments have subjected taxpayers to excessive tax, assessment, fee.and charge increases that not only frustrate the purposes of voter approval for tax increases, but also threaten the economic security of all Californians and the California economyitself. This measure protects taxpayers - by limiting the methods by which local governments exact revenue from taxpayers without their consent. SECTION 3. VOTER APPROVAL FOR LOCAL TAX LEVIES. Article XIII C is added to the California Constitution to read: ARTICLE XIIC SECTION 1. Definitions. As used in this article: (a) “General tax” meansanytax imposed for general governmental purposes. (b) “Local government” meansany county, city, city and county, including a charter city or county, any Special district, or any other local or regional governmental entity. (c) “Special district” means an agency of the state, formed pursuant to general law or a special act, for the local performance of governmental or proprietaryfunctions with limited geographic boundaries including, but not limited to, school districts and redevelopment agencies. (d) “Special tax” means anytax imposed for specific purposes, including a tax imposed Jor specific purposes, whichis placed into a general fund. . SEC. 2. Local Government TaxLimitation. Notwithstanding anyotherprovision of this Constitution: : (a} Ail taxes imposed by anylocal government shall be deemedto be either general taxes 108 or special taxes. Special purpose districts or agencies,including schootdistricts, shall have no powerto levy general taxes. (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 generaltax shall not be deemed to have beenincreased if it is imposed at a rate not higher than the maximumrate so approved, Theelection required by this subdiviyion shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, exceptin 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 ofthis article, shall continue to be imposed onlyifapproved by a majority vote of the voters voting in anelection onthe issue of the imposition, which election shall be held within wo years of the effective date of this article and in compliance with subdivision (bd). . (d) No local government may impose, extend, orincrease anyspecial tax unless and wil that tax is submitted to the electorate and approved bya two-thirds vote. A special tax shall not be deemed to have beenincreasedif it is imposed at a rate not higherthan the maximum rate so approved, SEC. 3. Initiative Power for Local Taxes, Assessments, Fees and Charges. Notwithstanding any other provision of this Constitution, including, but norlimited to, Sections 8 and 9 ofArticle II, the initiative power shall not be prohibited or otherwise limited in matters of reducing or repealing anylocal tax, assessment, fee or charge. The power of initlative to affect local taxes, assessments, fees and charges shall be applicable to all local governments and neither the Legislature nor any local goveriment charter shall impose a signature requirement higher thanthat applicable to statewide statutoryinitiatives. SECTION 4, ASSESSMENT AND PROPERTY RELATED FEE REFORM. Article XII D is added to the California Constitutionto read: ARTICLE XHID SECTION 1. Application, Notwithstanding any otherprovision of law, the provisions of this article shall applyto all assessments, fees and charges, whether imposed pursued. state statule or local government charter authority. Nothing in this article or Article Xb, shall be construedta: ‘ (a) Provide any new authority to anv agencytoimpose a tax, assessment, fee, or charee. (b) Affect existing laws relating to ihe imposition offees or charges as a condition of property development, (c} Affect existing laws relating to the imposition of timber vield taxes. G96 SEC. 2. Definitions, As used in this article: fa) “Agency” means any local government as defined in subdivision (b) of Section J of Anticle XII C. (b} “Assessment” means any levy or charge uponreal property by an agencyfora special hovofit conferred upon the real property. “Assessment”includes, but is not limited to, ‘tal assessment," “benefit assessment,” “maintenance assessment” and “special smenttax.” . (c) “Capital cost" meansthe cost ofacquisition, installation, construction, reconstruction, or replacement of a permanent public improvementby anagency. (d) “District" means an area determined by an agency to contain all parcels whichwill receive a special benefit from a proposed public improvement or property-related service. (e) “Fee” or “charge” means any levy other than an ad valorem tax, a special tax, or an assessment, imposed by an agency upon a parcel or upon a person as an incident ofproperty ownership, including a userfee or charge for a propertyreluted service, (f) “Maintenance and operation expenses" means the cost of rent, repair, replacement, rehabilitation, fuel, power; electrical current, care, and supervision necessary to properly operate and maintain a permanent public improvement. (g) “Property awnership" shali be deemed to include tenancies of real property where tenants are directly liable to pay the assessment, fee, or charge in question. (h} “Property-related service" means a public service having a direct relationship to property ownership. . (i) “Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancementofproperty value does not constitute “special benefit.” SEC. 3. Property Taxes, Assessments, Fees and Charges Limited. (a) No tax, assessment, fee, or charge shall be assessed by any agency upon any parcel ofproperty or upon any person as an incident ofproperty ownership except: (1) The ad valorem property tax imposed pursuantto Article XIII and Article XIII A. (2) Any special tax receivinga two-thirds vote pursuant to Section 4 ofArticle XIIA. (3) Assessments as provided by this article. . (4) Fees or charges for property related services as provided by this article. (b) For purposesof this article, fees for the provisionofelectrical or gas service shall not be deemed charges orfees imposed as an incident ofproperty ownership. SEC, 4. Procedures and Requirements for All Assessments, (a) An agency which proposesto levy an assessment shall identify.all parcels which will have a ‘special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determinedin relationship to the entiretyof the capital cost of« public improvement, the maintenance and operation expenses of a public improvement, orthe cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and anagency shall separate the general benefits from the special benefits conferred on a norcel. Parcels within a district that are owned or used by any agency,the State of California 2 United States shall not be exemptfrom assessment unless the agency can demonstrate ear and convincing evidence that those publicly ownedparcelsin fact receive no special benefit. (b) All assessments shall be supported by a detailed engineer's report prepared by a registered professional engineer certified by the State of California. (c) The amount of the proposed assessment for each identifted parcel shall be calculated and the record owner of each parcel shall be given written notice by mail of the proposed assessment, the total amountthereof chargeable to the entire district, the amount chargeable to the owner's particular parcel, the durationofthe payments, the reasonfor the assessment and the basis upon which the amount of the proposed assessment was calculated, together with the date, time, and location ofa public hearing on the proposed assessment. Eachnotice shail also include, in a conspicuous place thereon, a summary of the procedures applicable to the completion, return, and tabulation of the ballots required pursuant to subdivision (d), including a disclosure statement thal the existence of a majority protest, as defined in subdivision(e), will resulf in the assessment not being imposed. (d) Each notice mailed to owners of identified parcels within the district pursuant to subdivision (c) shall contain a ballot which includes the agency’s address for receipt of the ballot once completed by any ownerreceiving the notice whereby the owner may indicate his or her name, reasonableidentification of the parcel, and his or her support or opposition to the proposed assessment. (e) The agency shall conduct a public hearing upon the proposed assessmentnotless than 45 days after mailing the notice of the proposed assessment to record owners of each identified parcel. At the public hearing, the agency shall considerall protests against the proposed assessment and tabulate the ballots. The agency shall not impose an assessmentif there is a majority protest. A majority protest exists if, upon the conclusion of the hearing, ballotssubmitted in opposition to the assessment exceed the ballots submitiedinfavorof the assessment, In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. (f) In anylegal action contesting the validity ofany assessment, the burden shall be on the agency to demonstrate that the property or properties in question receive a special benefit over and above the benefits conferred on the public at large and that the amountof any. contested assessment is proportional to, and no greater than, the benefits conferred on the property or properties in question. (g) Because only special benefits are assessable, electors residing within the district who do not own property withinthe district shall not be deemed under this Constitution to have been deprived of the right to vote for any assessment. If a court determines that the Constitution of the United States or otherfederal law requires otherwise, the assessment shall not be imposed unless approved bya two-thirds vote of the electorate in the district in additionto being approved by the property owners as required by subdivision(e). SEC. 5. Effective Date, Pursuantto subdivision (a) of Section 10 of Article II, the provisions of this article shall becomeeffective the dayafter the election unless otherwise provided. Beginning July 1, 1997, all existing, new, or increased assessments shall comply with this article, Notwithstanding the foregoing, the following assessments existing on the effective date of this article shall be exempt from the procedures and approval process set forth in Section 4: ‘ (a) Anyassessment imposed exclusively to finance the capital costs or maintenance and’ operation expenses for sidewalks, streets, sewers, water; flood control, drainage systemsor vector control, Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section4, . (b) Anyassessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessmentis initially imposed. Subsequent increases in such assessments shall be subject to the procedures and approval process set forthin Section4, . (c) Any assessment the proceeds of which are exclusively used to repay bonded indebtedness of whichthefailure to pay would violate the Contract Impairment Clause of the Constitution of the United States, (d) Any assessment which previously received majority voter approval fromthe voters voting in an election on the issue of the assessment. Subsequent incredses in those assessments shall be subject to the procedures and approval process setforth in Section4. SEC. 6. Property Related Fees and Charges. (a) Procedures for New or Increased Fees and Charges. An agency shall follow the procedures pursuant to this section in - imposing orincreasing any fee or charge as defined pursuantto this article, including, but notlimitedto, thefollowing: (1) The parcels upon whicha fee or charge is proposedfor imposition shall be identified. The amount of the fee or charge proposed to be imposed upon each parcel shall be calculated. The agencyshall provide written notice by mail of the proposedfee or charge to the recard ownerofeach identified parcel upon which the fee or charge is proposed for imposition, the amount of thefee or charge proposed to be imposed upon each, the basis upon which the amount of the proposed fee or charge was calculated. the reason forthe fee or charge, fogether with the date, time, and locationof a public hearing on the proposed fee or charge. : (2) The agency shall conduct a public hearing upon the proposed fee or charge not less than 45 days after mailing the notice of the proposed fee or charge to the record owners of . eachidentified parcel upon whichthefee or charge is proposedforimposition, At the public hearing, the agency shall considerall protests against the proposedfee or charge, if written protests agains! the proposed fee or charge are presented by a majority of awners of the identified parcels, the agency shall not imposethe fee or charge. (b) Requirements for Existing, New or Increased Fees and Charges. A fee or charge shall not be extended, imposed,or increased by any agency unless it meets all of thefollowing requirements: (1) Revenues derivedfrom thefee or charge shall nut exceedthefunds required to provide the property related service. (2) Revenues derivedfrom the fee or charge shall nat be usedfor anypurpose other than that for which thefee or charge was imposed. . (3) The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to the parcel, (4} Nofee or charge maybe imposedfor a service unless that service is actuallyused by, or immediately available to, the owner of the property in question. Fees or charges based on potential orfuture use ofa service are not permitted. Standby charges, whether characterized as charges or assessments, shall be classified as assessments and shall not be imposed without compliance with Section4, (5) Nofee or charge may be imposedfor general governmental services including, but not limited fo, police, fire, ambulanceor library services, where the service iy available to the public at large in substantially the same mannerasit is to property owners. Reliance by an agency on anyparcel map, including, but not limited to, an assessor’s parcel map, may be considered a significant factor in determining whether a fee or charge is imposed as anincident ofproperty ownership for purposes of this article. Ia anylegal action contesting the validity of a fee or charge, the burden shall be on the agency to demonstrate compliance with this article. (c) Voter Approval for New or Increased Fees and Charges. Except forfees or charges for sewer, water, and refuse collection services, no property relatedfee or charge shall be imposed or increased unless and until that fee or charge is submitted and upproved by a- majority vote of the property owners of the property subject to the fee or charge or, al the option of the agency, by a two-thirds vote of the electorate residing in the affected area, The election shall be conducted notless than 45 days after the public hearing. An agency may adopt procedures similar to those for increases in assessments in the conduct of elections underthis subdivision. {d) Beginning July 1, 1997, all fees or charges shall comply with this section. SECTION 5. LIBERAL CONSTRUCTION.: The provisions of this act shall be liberally construed to effectuate its purposes oflimiting local government revenue and enhancing taxpayer consent. SECTION 6. SEVERABILITY. If any provisionofthis act, or part thereof, is for any reason held (o be invalid or unconstitutional, the remaining sections shall not be affected, but shall remain in full force and effect, and to this end the provisions ofthis act are severable. G96 109 GENERAL ELECTION © TUESDAY, NOVEMBER2,2010 * OFFICIAL VOTER INFORMATION GUIDE * Ccstificate ofCorrectness I, Debra Bowen,Secretary of State of the State of California, hereby certify that the measures included herein will be submitted to the electors at the General Election to be held on November2, 2010, and that this guide has been prepared in accordance with the law. Witness my hand and the Great Seal of the State in Sacramento, California, this 10th day ofAugust, 2010. Debra Bowen Secretary ofState Dear Fellow Voter: Byregistering to vote, you have taken thefirst step in playing an activerole in deciding California’s future. Now, to help you make your decisions, my office has created this Official Voter Information Guide that contains titles and summaries prepared by Attorney General Edmund G.BrownJr.; impartial analyses of the law and potential costs to taxpayers prepared by Legislative Analyst Mac Taylor; arguments in favor of and against ballot measures prepared by proponents and opponents; text of the proposed laws prepared/proofed by Legislative Counsel Diane FE Boyer-Vine; and otheruseful information. Theprinting ofthe guide wwas done underthe supervision ofActing State Printer Kevin P. Hannah. This guide to statewide candidates and measures is just one ofthe useful tools for learning more about whatwill be on yourspecific ballot. Information about non-statewide candidates and measuresis available in your county sample ballot booklet. (See page 89 of this guide for more details.) Voting is easy, and anyregistered voter may vote by mail, or in his or her local polling place. _ The last day to request a vote-by-mail ballot from your county electionsoffice is October 26. There are more waysto participate-in the electoral process. You can: * Bea poll worker on Election Day, helping to make votingeasierforall eligible voters and protectingballots until they are counted by electionsofficials; ¢ Spread the wordaboutvoterregistration deadlines and voting rights through emails,p gi : g tig g _ phonecalls, brochures, and posters; and * Help educate other voters about the candidates and issues by organizing discussion roups orparticipating in debates withfriends, family, and community leaders.groups p pating y “orn Y For more information about how and whereto vote, as well as other ways you can participate in the electoral process, call (800) 345-VOTEorvisit www.sos.ca.gov, It is a wonderful privilege in a democracy to have a choice and the right to voice your opinion. As you know, somecontests really do come down to a narrow margin of just a few votes.Whetheryoucast yourballot at a polling place or by mail, I encourage you to take the time to carefully read about each candidate and ballot measure—andto know your voting rights. Thank you for taking your civic responsibility seriously and making your voice heard! VISIT THE SECRETARY OF STATE’S WEBSITE TO: ° View information on statewide ballot measures www. voterguide.sos.ca.gov * Research campaign contributions andlobbyingactivity http:/cal-access.sos.ca.gov/campaign © Find yourpolling place on Election Day www.sos.ca.gov/elections/elections_ppl. htm ¢ Obtain vote-by-mail ballot information www. sos.ca.gov/elections/elections_m.htm * Watch live election results after polls close on Election Day Attp://vote.sos.ca.gov TABLE OF CONTENTS | PAGE QUICK-REFERENCE GUIDE . 4 PROPOSITIONS 18 —On August 10, 2010, the State Legislature and Governor removed Proposition 18from the ballot.—\0 19 Legalizes Marijuana Under California but Not Federal Law. Permits Local Governments to Regulate and Tax Commercial Production, Distribution, and Sale of Marijuana. Initiative Statute...12 20 Redistricting of Congressional Districts. Initiative Constitutional Amendment.......cccesereeneseeees 18 21 Establishes $18 Annual Vehicle License Surcharge to Help Fund State Parks and Wildlife _ Programs. Grants Surcharged Vehicles Free Admission to All State Parks. Initiative Statute..........00. 24 22 Prohibits the State From Borrowing or Taking Funds Used for Transportation, Redevelopment, or Local GovernmentProjects and Services. Initiative Constitutional Amendment...........cccscseceee 30 23 Suspends Implementation ofAir Pollution Control Law (AB 32) Requiring Major Sources of Emissions to Report and Reduce Greenhouse Gas Emissions That Cause Global Warming, Until Unemployment Drops to 5.5 Percent or Less for Full Year. Initiative Statute. ......ccscssessssesessesseseeee38 24 _Repeals Recent Legislation That Would Allow Businesses to Lower Their Tax Liability. Initiative Statute. .o.ccccesccecssesetseserscsenescscseresescsssedeceessensrssessenersesesseasstsessedessesesseseasseseessasererseseres 46 25. Changes Legislative Vote Requirementto Pass Budget and Budget-Related Legislation from Two-Thirds to a Simple Majority. Retains ’Two-Thirds Vote Requirementfor Taxes. Initiative Constitutional Amendment, ...cccccssccssssesesescesseseeeeesesesvsessesesessesessseessesesseseaesasstsnesvansnes 52 26 Requires That Certain State and Local Fees Be Approved by Two-Thirds Vote. Fees Include Those That Address Adverse Impacts on Society or the Environment Caused by the Fee-Payer’s Business. Initiative Constitutional Amendment......... peeeeeeseeecesenscesneseensaeeeeetaaeesSeevsseeseescetevenseseesaseasessestensneeres 56 27 Eliminates State Commission on Redistricting.Consolidates Authority for Redistricting With Elected Representatives. Initiative Constitutional Amendmentand Statute, .......ccssseccessecsserereenee 62 POLITICAL PARTY STATEMENTS OF PURPOSE . . | 68 VOLUNTARY CAMPAIGN SPENDING LIMITS FOR CANDIDATES FOR STATEWIDE ELECTIVE OFFICE 70 CANDIDATE STATEMENTS 72 JUSTICES OF THE SUPREME COURT 90 TEXT OF PROPOSED LAWS 92. VOTER BILL OF RIGHTS — 127. INFORMATION PAGES About Ballot Arguments... cccsccccssessseesessecsscesesecteeesacsesacescesessusesessesseesasseeseeessesessvasevaususessuensecaens 9 Supplemental Voter Information........ccessecseeseessesesensnesecesesessacsssesesesesesesesaeseseassesseaseeesececanscscasesenss 9 About Initiatives......csccccsessssssecsesssssssssescsssseessesscsesecssesasaceeseesersssessssaeesssesessesusaseessesneecesasensensseseenenee 9 AboutJudicial Retention Elections .....ccccsssssssssssssssssssssesnseessssnssessesessssssesesseasatacaeseneevseseeedesssssncnes 89 District-Level Candidate Statements.....scssssessecsersssecsecsecssssssessnecsesssssussveenesessseasaneavssecsvesavsusenesneenva 89 Large Print and Audio Voter Information Guides......cccscssseseesssecessesesscseaseessereseeeeeseses ledeteeeee 122 Find Your Polling Place ..ccscssceccsesssesesssscesessssssssssssssssesesesesersseneseesessntecessauesasseasassesesseeevessenasenes 122 | Serve as a Poll Worker ..ccccccccccccccsessssescessesesseescsesavscseeonseseesssensneeesseseeeseceeteersaessessasassessenteavavens 123 Voter Registration Information... eesesseeesesesescesesecesenensneasecsenenssesseseseessesssessenssesssseavsges 123 County Elections OffCES..ccceesssesessesesseetenevssteesesseseresessevesseesesusesessecseaseesaesessessssesesasetansasasessases124 Voting by Mail ...ccccsccccssccecneesesscesscnseseserscsseeesaessececsecessesaessenssnssevessesseseeseseesaeesessseassesevsssesecsavaey 126 Special Arrangements for Military and Overseas Voters ..c:..ccccccsccssessscsseseescesesssesessasssssecaessessavansenes 126 Table of Contents | 3 QUICK-REFERENCE GUIDE PROP LEGALIZES MARUUANA UNDER CALIFORNIA BUT NOT FEDERAL 19 LAW. PERMITS LOCAL GOVERNMENTS TO REGULATE AND TAX COMMERCIAL PRODUCTION, DISTRIBUTION, AND SALE OF MARUUANA. INITIATIVE STATUTE. SUMMARY Put on the Ballot by Petition Signatures On August 10, 2010, the State Legislature and ~ Governor removed Proposition 18from the ballot. 4 Quick-Reference Guide Allows people 21 years old orolder to possess, cultivate, or transport marijuana for personaluse. Fiscal Impact: Depending on federal, state, and local governmentactions, potential increased tax andfee revenuesin the hundreds ofmillions of dollars annually and potential correctional savings of several tens of millions of dollars annually. WHAT YOUR VOTE MEANS VE A YESvote on this measure means: Individuals age 21 or older could, understate law, possess andcultivate limited amounts of marijuana for personal use. | In addition, the state and local governmentscould authorize, regulate, and tax commercial marijuana-related activities undercertain conditions. These activities would remainillegal under federal law. N ANDOvote on this measure means: The possession and cultivation of marijuana for personal use and commercial miarijuana-related activities would remain illegal under state law, unless allowed under thestate's existing medical marijuana law. ARGUMENTS PR COMMONSENSE CON Opposed by Mothers CONTROL OF Against Drunk Driving MARIJUANA.Stops wasting taxpayerdollars on failed marijuana prohibition. Controls and taxes marijuanalike alcohol. Makes marijuana available only to adults. Adds criminal penalties for giving it to anyone -under 21. Weakens drugcartels. Enforces road and workplace safety. Generatesbillions in revenue. Saves taxpayers money. FOR ADDITIONAL INFORMATION (MADD)because allows drivers to smoke marijuanauntil the momentthey climb behindthe wheel. Endangers public safety. Jeopardizes $9,400,000,000.00 in schoolfunding,billions in federal contracts, thousands of jobs. Opposed by California's Sheriffs, Police Chiefs, Firefighters and District Attorneys, Vote “No” on 19. FOR James Rigdon Yes on Proposition 19 1776 Broadway Oakland, CA 94612 (510) 268-9701 info@taxcannabis.org www.yeson19.com AGAINST No On Proposition 19— Public Safety First info@NoOnProposition19.com www.NoOnProposition!9.com QUICK-REFERENCE GUIDE PROP REDISTRICTING OF CONGRESSIONAL DISTRICTS. 20 INITIATIVE CONSTITUTIONAL AMENDMENT. SUMMARY Put on the Ballot by Petition Signatures Removeselected representatives from process of establishing congressional districts and transfers that authority to recently-authorized 14-memberredistricting commission comprised of Democrats, Republicans, and representatives of neitherparty. Fiscal Impact: Nosignificant net change in state PROP ESTABLISHES $18 ANNUAL VEHICLE LICENSE 2 1 SURCHARGE TO HELP FUND STATE PARKS AND WILDLIFE PROGRAMS. GRANTS SURCHARGED VEHICLES FREE ADMISSION TO ALL STATE PARKS.INITIATIVE STATUTE. SUMMARY Put on the Ballot by Petition Signatures Exempts commercialvehicles, trailers and trailer coaches from the surcharge. Fiscal Impact: Annualincrease to state revenues of $500 million from surcharge on vehicle registrations. After offsetting someexisting funding sources, these revenues would provideat least $250 million more annually for state parks and redistricting costs. WHATYOUR VOTE MEANS VE AYESvote onthis ‘measure means: The responsibility to determine the boundaries of California’s districts in the U.S. House of Representatives would be moved to the Citizens Redistricting Commission, a commission established by Proposition 11 in * 2008. (Proposition 27 on this ballot also concernsredistricting issues. If both Proposition 20 and Proposition 27 are approved by voters, the proposition receiving the greater number of “yes” votes wouldbe the only oneto go intoeffect.) ARGUMENTS N A NOvote on this measure means: The responsibility to determine the boundaries of California’ districts in the U.S. House of Representatives would remain with the Legislature. wildlife conservation. WHAT YOUR VOTE MEANS YE \ ‘A YES vote onthis measure means: An $18 annual surcharge would be added to the amount paid whena personregisters a motor vehicle, The surcharge revenues would be used to provide fundingforstate park and wildlife conservation programs. Vehicles subject to the surcharge would have free admission and parkingatall state parks. N ANOvote on this measure means:State park and wildlife conservation programs would continue to be funded throughexisting state and local funding sources. Admission and parking fees could continue to e charged for vehicles entering state parks. PR TAXPAYER, GOOD GOVERNMENT GROUPS SUPPORT20 so the voter-approved Citizens Redistricting Commission will draw fair districts for the Legislature AND Congress. POLITICIANSoppose 20 so ‘they can keep power to draw “safe” Congressional districts. C0 Vote No on 20. Accountability to the people is the fundamental principle of our form of government. But 20 gives a non- accountable fourteen-person bureaucracy even more power. Andthis bureaucracy will cost you money! Ourstateis in crisis! Unemployment, crime, massive ARGUMENTS PRO California's state parks and beaches are in peril andface irreparable damage. Prop. 21 establishesvitally- needed Trust Fund to keep parks open, maintained, and safe. Protects economic benefits to California from parks-related tourism. Prohibits politicians’ raids, and mandates Annual CON Prop, 21 is a cynical plan to bring back the car tax. Politicians in Sacramento are already schemingto divert existing park funds to other wasteful programsso overall ‘park funding doesn’tincrease but car taxes do. Say Noto cartaxes and wrongpriorities. No on 21, YES on 20 helps us vote debt. Stop the nonsense. No Audits and Citizens’ Oversight. politicians outof office for not on 20. os doingtheir jobs. FOR ADDITIONAL INFORMATION . FOR ADDITIONAL INFORMATION FOR AGAINST FOR AGAINST Yes on 20, No on 27—Hold No on 20 Yes on 21: Californians for Rob Stutzman Politicians Accountable,a 6380 Wilshire Boulevard, State Parks and Wildlife Californians.Against Car Taxes, coalition of taxpayers, seniors, Suite 1612 Conservation No onProposition 21 good governmentgroups, small business and community organizations, 925 University Ave. Sacramento, CA 95825 (866) 395-6121 email@yes20n027.org www.yesprop20.org Los Angeles, CA 90048 (323) 655-4065 www.noprop20.org info@yesforstateparks.com www.YesForStateParks.com 1415 L Street, Suite 430 Sacramento, CA 95814 Quick-Reference Guide | 5 QUICK-REFERENCE GUIDE PROP PROHIBITS THE STATE FROM BORROWING OR TAKING 2 FUNDS USED FOR TRANSPORTATION, REDEVELOPMENT, ~OR LOCAL GOVERNMENT PROJECTS AND SERVICES. INITIATIVE CONSTITUTIONAL AMENDMENT. SUMMARY Put on the Ballot by Petition Signatures PROP SUSPENDS IMPLEMENTATION OF AIR POLLUTION CONTROL 2 LAW (AB 32) REQUIRING MAJOR SOURCES OF EMISSIONS TOREPORT AND REDUCE GREENHOUSE GAS EMISSIONS THAT CAUSE GLOBAL WARMING, UNTIL UNEMPLOYMENT DROPSTO 9.9 PERCENT OR LESS FOR FULL YEAR. INITIATIVE STATUTE. SUMMARY Put on the Ballot by Petition Signatures Prohibits State, even during severefiscal hardship, from delaying distribution of tax revenues for these purposes. Fiscal Impact: Decreased state General Fund spending and/orincreased state revenues, probably in the range of $1 billion to severalbillions ofdollars annually. Comparable increases in fundingfor state and local transportation programs andlocal redevelopment. WHAT YOURVOTE MEANS Fiscal Impact: Likely modestnetincrease in overall economic activity in the state from suspension ofgreenhouse gases regulatory activity, resulting in a potentially significant net iricréase in state and local revenues. WHAT YOUR VOTE MEANS YE AYESvote on this measure means: The state's authority to use or redirect state fuel tax and local N A NOvoteon this measure means: Thestate's current authority overstate fuel tax and local property tax revenues property tax revenues would be would notbeaffected. significantly restricted. ARGUMENTS \E A YESvote on this measure means: Certain existing and proposed regulations authorized under state law (“Assembly Bill 32”) to address global warming would be suspended. These regulations would remain suspended until the state unemploymentrate ’ drops to 5.5 percentor lower for one year. ARGUMENTS N ANOvote on this measure means: Thestate could continue to implementthe measures authorized under Assembly Bill 32 to address global warming. PRO YES on 22stopsstate politicians from taking local governmentfunds. 22 stops the State from taking gas taxes voters have dedicated to transportation. 22 protects local services: 9-1-1 emergency response, police,fire, libraries, transit, road repairs. Supported by California Fire Chiefs Association, California Police Chiefs Association, California CON California's teachers, firefighters, nurses, and taxpayer advocates say NO on 22. If 22 passes, public schools stand to losebillionsofdollars. 22 takes moneyfitefighters use to fightfires and natural disasters while protecting redevelopment agencies and their developer friends. Another proposition that sounds good, but makes things worse. PRO Yes on 23 saves jobs, prevents energy tax increases, and helps Prmilies, while preserving California's cleanair and water laws. California can’t affordself- imposedenergy costs that dontreduce global warming. 2.3 million Californians are unemployed; Proposition 23 will save over a million jobs that would otherwise be destroyed. . CON ‘Texas oil companies designed 23 to kill clean energy and air pollution standards in California. 23 threatens public health with moreair pollution, increases dependence oncostly oil, and kills competition from job- creating California wind and solar companies. American. Lung Association in California, Califsenia Professional Library Association. www.yeson23.com Firefighters: NO on 23. FOR ADDITIONAL INFORMATION FOR ADDITIONAL INFORMATION FOR AGAINST FOR AGAINST Yes on 22, Californians to Protect Local Taxpayers & Vital Services 1121 L Street #803 Sacramento, CA 95814 (888) 562-5551 info@savelocalservices.com: www.SaveLocalServices.com 6 | Quick-Reference Guide No on 22—-Citizens Against Taxpayer Giveaways, sponsored by California Professional Firefighters. Joshua Heller 1510 J Street, Suite 210 Sacramento, CA 95814 (916) 443-7817 www.votenoprop22.com Yes on 23—Acoalition of taxpayers, small business, firefighters, labor, agriculture, transportation, food producers, energy andforestry companies and air quality officials. 1215 K Street, Suite 2260 Sacramento, CA 95814 (866) 247-0911 info@yeson23.com www.yeson23.com Noon 23: Californians to Stop the Dirty Energy Proposition (888) 445-7880 info@factson23.com Pactson23.com ‘ QUICK-REFERENCE GUIDE PROP REPEALS RECENT LEGISLATION THAT WOULD 2 INITIATIVE STATUTE. SUMMARY ALLOW BUSINESSES TO LOWER THEIR TAX LIABILITY. Put on the Ballot by Petition Signatures Fiscal Impact: Increased state revenuesof about $1.3 billion each year by 2012-13 from higher taxes paid by some ‘businesses. Smallerincreases in 2010-11 and 2011-12, WHAT YOUR VOTE MEANS YE A YESvote onthis / measure means: Three business tax provisionswill ‘return to what they were before 2008 and 2009 law changes. As a result: (1) a business will be less able to deduct losses in one year against income in other years, (2) a multistate business will have its California income determined by a calculation usingthtee factors, and (3) a business will not be able to share tax credits with related businesses. ARGUMENTS PRO Prop. 24 stops $1.7 billion in new special tax breaks for wealthy, multi-state corporations. Theyget unfair tax loopholes without creating one new job while small businesses get virtually no benefit. Public schools, healthcare and public safety should come before tax loopholes. Vote YES on 24—the Tax Fairness Act. N A NOvote on this measure means: Three business tax provisions that were recently changedwill not beaffected. As a result of maintaining current law: (1) a business will be able to deductlosses in one year against incomein moresituations, (2) - most multistate businesses could choose to have their California incomedetermined based only on single sales factor, and (3) a business will be able to shareits tax credits with related businesses. CON CALIFORNIA NEEDS JOBS, NOTAJOBS TAX!Prop. 24 doesnt guarantee $1 for our classrooms and REDUCESlong-term revenues for schools andvital services. It would hurt small businesses, tax job creation, send jobs OUT of California—costing us 144,000 jobs. Families can’t afford 24’s new taxes. No on 24! PROP CHANGES LEGISLATIVE VOTE REQUIREMENT TO PASS 2 BUDGET AND BUDGET-RELATED LEGISLATION FROMTWO-THIRDS TO A SIMPLE MAJORITY. RETAINS TWO- THIRDS VOTE REQUIREMENT FOR TAXES. INITIATIVE CONSTITUTIONAL AMENDMENT. SUMMARY Put on the Ballot by Petition Signatures Legislature pemanentlyforfeits daily salary and expenses until budgetbill passes. Fiscal Impact: In some years, the contents of the state budget could be changed due to the lowerlegislative vote requirementin this measure. The extent of changes would depend on the Legislature’s future actions. WHAT YOUR VOTE MEANS YE AYESvote on this measure means: The Legislature's vote requirementto send the annualbudgetbill to the Governor would be lowered from two-thirds to a majority of each house ofthe Legislature, ARGUMENTS PRO Prop. 25 reforms California's broken state budget process, Holdslegislators accountablefor late budgets by stopping their pay and benefits every day the budgetis late. Ends budget gridlock by allowing a majority oflegislators to pass the budget, but DOES _ NOT LOWERTHE /s vote required to raise taxes. N ANOvote onthis measure means: The Legislacure’s vote requirement to send an annual budgetbill to the Governor would remain’ unchangedat two-thirds of each house of the Legislature. CON Politicians and special interests are promoting Prop. 25 to makeit easier for politiciansto raise taxes and restrict our constitutional right to reject bad laws, 25 doesn't punishpoliticians. They'll just increase their lavish expense “accounts. NO on 25—Protect constitutional safeguards against highertaxes and wasteful spending. FOR ADDITIONALINFORMATION “FOR ADDITIONAL INFORMATION FOR AGAINST FOR AGAINST Yes on 24, the Tax Fairness Act No on 24—Stopthe Jobs Yes on 25, Citizens foran On- Stop Hidden Taxes—No on sponsored by the California Tax, a coalition of taxpayers, Time Budgetsponsored by 25/Yes on 26, a coalition of ‘Teachers Association Richard Stapler 1510 J Street, Suite 210 Sacramento, CA 95814 (916) 443-7817 , www.YESPROP24.ORG employers, small businesses, formereducators and high tech and biotechnology organizations 111 Anza Boulevard, #406 Burlingame, CA 94010 (800) 610-4150 info@StopProp24.com www.StopProp24.com teachers, nurses,firefighters and other public employee groups Andrea Landis 1510 J Street, Suite 210 Sacramento, CA 95814 (916) 443-7817 www.YESPROP25.ORG taxpayers, small businesses, environmental experts, good government groups, minorities, farmers, and vineyards. (866) 218-4450 info@nomorehiddentaxes.com www.no25yes26.com Quick-Reference Guide | 7. QUICK-REFERENCE GUIDE PROP REQUIRES THAT CERTAIN STATE AND LOCAL FEES BE 2 APPROVED BY TWO-THIRDS VOTE. FEES INCLUDE THOSETHAT ADDRESS ADVERSE IMPACTS ON SOCIETY OR THE ENVIRONMENT CAUSED BY THE FEE-PAYER’S BUSINESS. INITIATIVE CONSTITUTIONAL AMENDMENT. SUMMARY Put on the Ballot by Petition Signatures Fiscal Impact: Depending on decisions by governing bodies and voters, decreased state and local government revenues and spending(up to billions of dollars annually). Increased transportation spending andstate General Fund costs ($1 billion annually). WHAT YOUR VOTE MEANS VE AYESvote on this measure means: The ~ definition of taxes would be broadened to include many payments currendy considered to be fees or charges. As a result, morestate and local proposals to increase revenues would require approval by two-thirds ofeach house of the Legislature or by local voters. ARGUMENTS PRO Yes on 26 stops state and ~~ local politicians from raising Hidden Taxes on goods like food and gas, by disguising taxes as “fees” and circumventing” constitutional requirementsfor passing higher taxes. Don't be misled. 26 preserves California's strong environmental and consumer laws AND protects taxpayers and consumers from Hidden Taxes. FOR ADDITIONAL INFORMATION PROP ELIMINATES STATE COMMISSION ON REDISTRICTING. 27 CONSOLIDATES AUTHORITY FOR REDISTRICTINGWITH ELECTED REPRESENTATIVES. INITIATIVE CONSTITUTIONAL AMENDMENTAND STATUTE. SUMMARY Put on the Ballot by Petition Signatures Eliminates 14-memberredistricting commission. Consolidates authority for establishing state Assembly, Senate, and Board ofEqualization districts with elected representatives who draw congressionaldistricts. Fiscal Impact: Possible reduction of state redistricting costs of around $1 million over the next year. - Likely reduction of these costs of a few million dollars once every ten years beginning in 2020. N A NOvoteonthis measure means; Current constitutional requirements regarding fees and taxes would not be changed. CON Big oil, tobacco, and alcohol corporations want youto pay for the damages they cause, Prop. 26 was written behind closed doors and without public input. Dontprotect polluters. League ofWomen Voters of California, Firefighters, Police Officers, Nurses, and Sierra Club all say NO on 26. WHAT YOUR VOTE MEANS AYESvote on this measure means: The responsibility to determine the boundaries of State Legislature and BoardofEqualization districts would be returned to the Legislature. The Citizens Redistricting Commission, established by Proposition 11 in 2008to perform this function, * would beeliminated. (Proposition 20 on this ballot also concerns redistricting issues. Ifboth Proposition 27 and Proposition 20 are approvedby voters, the proposition receiving the greater numberof “yes” votes would be the only oneto gointo effect.) ARGUMENTS PRO VOTE YES ON 27 TO SAVE TAXPAYER DOLLARS AND END NONSENSE.- REAPPORTIONMENT GAMES.California is in crisis. Weare broke, deeply in debt, unemploymentis far too high. Proposition 27 is the only chancefor voters to say “Enough is enough! Stop wasting taxpayer dollars on nonsense.” Yes on 27. FOR ADDITIONAL INFORMATION N ANOvote on this measure means: The responsibility to determine the boundaries of regislature and Board of Equalization districts would remain with the Citizens Redistricting Commission. CON Politicians behind 27 . wantto repealthe voter- approved Citizens Redistricting Commission. They wantthe powerto drawsafe districts for themselves and will spend or say anythingto getit back. Don't buy it. TAXPAYER GROUPS, GOOD GOVERNMENT GROUPS, SENIORS SAY STOP THE POWER GRAB: NO on 27. FOR Stop Hidden Taxes—Noon 25/Yes on 26, a coalition of taxpayers, small businesses, environmental experts, good government groups, minorities, farmers, and vineyards. (866) 218-4450 info@nomorehiddentaxes.com www.no25yes26.com 8 | Quick-Reference Guide AGAINST Doug Linney Taxpayers Against Protecting Polluters 1814 Franklin Street, Suite 510 Oakland, CA 94612 (510) 444-4710 stopprotectingpolluters@ gmail.com www.stoppolluterprotection.com FOR: Yes on 27 10940 Wilshire Boulevard, Suite 2000 Los Angeles, CA 90024 (310) 576-1233 www.yesprop27.org AGAINST : Yes on 20, No on 27-—Hold Politicians Accountable, a coalition of taxpayers, seniors, good governmentgroups, small business and community organizations. 925 University Ave. Sacramento, CA 95825 (866) 395-6121 email@yes20no027.org www.noprop27.org PROPOSITION REQUIRES THAT CERTAIN STATE AND LOCAL FEES BE APPROVED BY TWO-THIRDS VOTE. 26 FEES INCLUDE THOSE THAT ADDRESS ADVERSE IMPACTS ON SOCIETY OR THE ENVIRONMENT CAUSED BY THE FEE-PAYER’S BUSINESS.INITIATIVE CONSTITUTIONAL AMENDMENT. OFFICIAL TITLE AND SUMMARY PREPARED BY THE ATTORNEY GENERAL _ REQUIRES THAT CERTAIN STATE AND LOCAL FEES BE APPROVED BY TWO-THIRDS VOTE. FEES INCLUDE THOSE THAT ADDRESS ADVERSE IMPACTS ON SOCIETY OR THE ENVIRONMENT CAUSED BY THE FEE-PAYER’S BUSINESS.INITIATIVE CONSTITUTIONAL AMENDMENT. * Requires that certain state fees be approved by two-thirdsvote of Legislature andcertain local fees be approved by two-thirdsofvoters. . * Increaseslegislative vote requirementto two-thirds for certain tax measures, including those that do notresult in a net increase in revenue, currently subject to majority vote. ~ Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: * Decreased state and local government revenuesand spending dueto the higher approval requirements for new revenues. The amountofthe decrease would dependon future decisions by governing bodies and voters, but over time couldtotal up to billions of dollars annually. ¢ Additionalstate fiscal effects from repealing recent fee and tax laws: (1) increased transportation program spending and increased General Fund costs of $1 billion annually, and (2) unknown . potential decrease in state revenues, ANALYSIS BY THE LEGISLATIVE ANALYST BACKGROUND * Regulatory fees—such asfees on restaurants to pay for health inspections and fees on the . purchase of beverage containers to support recycling programs, Regulatoryfees pay for programsthat place requirements on the. activities of businesses or people to achieve particular public goals or help offset the public or environmental impactof certain activities. ¢ Property charges—such as charges imposed on property developers to improveroads leading to new subdivisions and assessments that pay for improvementsandservices that benefit the property owner. State andlocal governments impose a variety of taxes, fees, and charges on individuals and businesses, Taxes—such as income, sales, and property taxes—are typically used to pay for general public services such as education,prisons, health, and social services. Fees and charges, by comparison, typically pay for a particular service or program benefitting individualsor businesses. There are three broad categories of fees and charges: ¢ User fees—such as state park entrance fees and garbage fees, where the user pays for the cost of a specific service or program. — , Figure 1 Approval Requirements: State and Local Taxes, Fees, and Charges State Local Tax Two-thirds of each house ¢ Two-thirds of loca! votersif the local of the Legislature for government specifies how the fundswill be measuresincreasing state used. revenues. * Majority of local votersif the local government does not specify how the fundswill be used. Fee Majority of each house of Generally, a majority of the governing body. the Legislature. : Property Charges Majority of each houseof Generally, a majority of the governing body. the Legislature. Someaiso require approval by a majority of property owners or two-thirds oflocal voters. _56 | Title and Summary / Analysis PROP REQUIRES THAT CERTAIN STATE AND LOCAL FEES BE APPROVED BY TWO-THIRDS VOTE. 26 FEES INCLUDE THOSE THAT ADDRESS ADVERSE IMPACTS ON SOCIETY OR THE ENVIRONMENTCAUSED BY THE FEE~PAYER’S BUSINESS.INITIATIVE CONSTITUTIONAL AMENDMENT. ANALYSIS BY THE LEGISLATIVE ANALYST State law has different approval requirements regarding taxes, fees, and property charges. As Figure 1 shows, state or local governments usually can create or increase a fee or charge with a majority vote of the governing body(the Legislature, city council, county board of supervisors, etc.). In contrast, increasing tax revenues usually requires approval by two-thirds of each houseofthestate Legislature (for state proposals) or a vote of the people (for local proposals). Disagreements Regarding Regulatory Fees, Over the years, there has been disagreementregarding the difference between regulatory fees andtaxes, particularly when the moneyis raised to pay for a program ofbroad public benefit. In 1991, for example, the state began imposinga regulatoryfee on businesses that made products containing lead. The state uses this moneyto screen children at risk for lead poisoning, follow up on their treatment, and identify sources of lead contamination responsible for the poisoning. In court, the Sinclair Paint Companyarguedthatthis regulatory fee was a tax CONTINUED because: (1) the program provides a broad public benefit, not a benefit to the regulated business, and (2) the companies that pay the fee have no duties regardingthe lead poisoning program other than paymentofthe fee. In 1997, the California Supreme Court ruled that this charge on businesses was a regulatoryfee, not a tax. The court said government may impose regulatory fees on companies that make contaminating productsin orderto help correct adverse health effects related to those products. Consequently, regulatory fees of this type can be created or increased by (1) a majority vote of each house of the Legislature or (2) a majority vote of a local governing body. PROPOSAL This measure expandsthe definition of a tax and a tax increase so that more proposals would require approval by two-thirds of the Legislature or by local voters. Figure 2 summarizes its main provisions. Figure 2 Major Provisions.of Proposition 26 v Expands the Scope of WhatIs a State or Local Tax * Classifies as taxes some fees and charges that government currently may impose with a majority vote. * AS a result, more state revenue proposals would require approval by two-thirds of each houseof the Legislature and more local revenue proposals would require local voter approval. v Raises the Approval Requirement for Some State Revenue Proposals « Requires a two-thirds vote of each house of the Legislature to approve lawsthat increase taxes on any taxpayer, even if the law’s overall fiscal effect does not increase state revenues. v Repeals Recently Passed, Conflicting State Laws * Repeals recent state laws that conflict with this measure, unless they are approved again bytwo-thirds of each house of the Legislature. Repeal becomeseffective in November 2011. For text of Proposition 26, see page 114. Analysis | 57 PROP REQUIRES THAT CERTAIN STATE AND LOCAL FEES BE APPROVED BY TWO-THIRDS VOTE. FEES INCLUDE THOSE THAT ADDRESS ADVERSE IMPACTS ON SOCIETY OR THE ENVIRONMENT CAUSED BY THE FEE-PAYER’S BUSINESS. INITIATIVE CONSTITUTIONAL AMENDMENT. - ANALYSIS BY THE LEGISLATIVE ANALYST Definition of a State or Local Tax Expands Definition. This measure¢ broadens the definition ofa state or local tax to includemany payments currently considered to be fees or charges. As a result, the measure would havethe effect of increasing the numberofrevenue proposals subject to the higher approval requirements summarized in Figure 1. Generally, the types of fees and charges that would becometaxes under the measure are ones that government imposes to address health, | environmental, or other societal or economic concerns. Figure 3 provides examples of some regulatory fees that could be considered taxes,in part or in whole, under the measure. This is because these fees pay for manyservices that benefit the public broadly, rather than providingservices directly to the fee payer. The state currently uses these types of regulatory fees to pay for mostofits. environmental programs. Certain otherfees and charges also could be considered to be taxes under the measure. For example, some business assessments could be considered to be taxes because governmentuses the assessment revenues to improve shoppingdistricts CONTINUED (such as providing parking,street lighting, increased security, and marketing), rather than providing a direct and distinct service to the business owner. Some Fees and ChargesAre NotAffected. The change in the definition of taxes would not affect mostuser fees, property developmentcharges, and property assessments. This is becausethese fees and charges generally comply with Proposition 26's requirementsalready, or are exempt fromits provisions. In addition, most otherfees or charges in existence at the time of the November2, 2010 election would not be affected unless: - . * Thestate or local governmentlater increases or extends the fees or charges. (In this case, the state or local government would have to comply with the approval requirements of Proposition 26.) ° Thefees or charges were created or increased by a state law—passed between January1, 2010 and November 2, 2010—that conflicts with Proposition 26 (discussed further below). Approval Requirement for State Tax Measures Current Requirement. The State Constitution currently specifies that laws enacted “for the purpose Figure 3 Regulatory Fees That Benefit the Public Broadly Oil Recycling Fee * Public information and education programs. * Payments to local used oil collection programs. * Paymentof recycling incentives. « Research and demonstration projects. Hazardous Materials Fee funds for: * Clean up oftoxic waste sites. * Promotion of pollution prevention. * Evaluation of waste source reduction plans. * Certification of new environmental technologies. Fees on AlcoholRetailers ¢ Code and law enforcement. The state imposes a regulatory fee on oil manufacturers and uses the fundsfor: * Inspections andenforcement of used-oil recycling facilities. The state imposes a regulatory fee on businesses that treat, dispose of, or recycle hazardous waste and uses the Somecities impose a fee on alcoholretailers and use the fundsfor: * Merchant education to reduce public nuisance problems associatedwith alcohol (such asviolations of alcohol laws,violence,loitering, drug dealing, public drinking, and graffiti). 58 | Analysis PROP REQUIRES THAT CERTAIN STATE AND LOCAL FEES BE APPROVED BY TWO-THIRDS VOTE. 2 FEES INCLUDE THOSE THAT ADDRESS ADVERSE IMPACTS ON SOCIETY OR THE ENVIRONMENTCAUSED BY THE FEE-PAYER’S BUSINESS. INITIATIVE CONSTITUTIONAL AMENDMENT. ANALYSIS BY THE LEGISLATIVE ANALYST of increasing revenues” must be approved by two- thirds of each houseof the Legislature. Under current practice, a law that increases the amount of taxes charged to some taxpayers butoffers an equal (or larger) reduction in taxes for other taxpayers has been viewed as notincreasing revenues. As such,it can be approved by a majority vote ofthe Legislature. - NewApproval Requirement. The measure specifies that state laws that result in any taxpayer paying a higher tax must be approved by two-thirds of each house ofthe Legislature. State Laws in Conflict With Proposition 26 Repeal Requirement. Anystate law adopted between January 1, 2010 and November 2, 2010 that conflicts with Proposition 26 would berepealed one yearafter the proposition is approved. This repeal would nottake place, however, if two-thirds of each house of the Legislature passed the law again. Recent Fuel Tax Law Changes. \n the spring of 2010, the state increased fuel taxes paid by gasoline suppliers, but decreased other fuel taxes paid by gasoline retailers. Overall, these changes do notraise morestate tax revenues, but theygive thestate greater spending flexibility over their use. Using this flexibility, the state shifted about $1 billion of annualtransportation bondcosts from the state's General Fundtoits fuel tax funds. (The General Fundis the state’s main funding source for schools, universities, prisons, health, andsocial services programs.) This action decreases the amount of moneyavailable for transportation programs, but helps the state balance its General Fund budget. . Because the Legislature approved this tax change with a majority vote in each house, this law would be repealed in November 2011—unless the Legislature approved the tax again with a two-thirds - vote in each house. Other Laws. At the time this analysis was prepared(early in the summerof 2010), the _ Legislature and Governor were considering many new laws and funding changes to address the state's major budgetdifficulties. Inaddition,parts ofthis measure would besubject to future interpretation by the courts. As a result, we cannot determinethefull range of state laws that could beaffected or repealed by the measure. For text of Proposition 26, see page 114. CONTINUED FISCAL EFFECTS Approval Requirement Changes. By expanding the scope of whatis considered a tax, the measure would make it more difficult for state and local governments to pass new lawsthat raise revenues. This change would affect many environmental, health, and other regulatoryfees (similar to the ones in Figure 3), as well as some business assessments and otherlevies. New laws to create—or extend— these typesof fees and charges would be subject to the higher approval requirements for taxes. Thefiscal effect of this change would depend on future actions by the Legislature, local governing boards, andlocal voters. If the increased voting requirernentsresulted in some proposals not being approved, government revenues would be lower than otherwise would have occurred. This, in turn,likely would result in comparable decreases in state spending. _ Given the range offees and charges that would be subject to the higher approval threshold for taxes, thefiscal effect of this change could be major. Over time, we estimate that it could reduce government revenues and spending statewide byup to billions of dollars annually compared with what otherwise would have occurred. 7 Repeal ofConflicting Laws. Repealing conflicting state laws could have a variety offiscal effects. For example, repealing the recentfuel tax laws would increase state General Fundcosts by about $1 billion annually for about two decades and increase funds available for transportation programs by the same amount. Because this measure couldrepeal laws passed after this analysis was prepared and someofthe measure’s provisions would be subject to future interpretation bythe courts, we cannotestimatethefull fiscal effect ofthis repeal provision. Given the natureof the proposals the state was considering in 2010, however, it is likely that repealing any adopted proposals would decrease state revenues (or in some cases increase state General Fund costs), Under this proposition, thesefiscal effects could be avoided if the Legislature approvesthe laws again with a two- thirds vote of each house. Analysis | 59 PROP REQUIRES THAT CERTAIN STATE AND LOCAL FEES BE APPROVED BY TWO-THIRDS VOTE. 2 FEES INCLUDE THOSE THAT ADDRESS ADVERSE IMPACTS ON SOCIETY OR THE ENVIRONMENTCAUSED BY THE FEE-PAYER’S BUSINESS.INITIATIVE CONSTITUTIONAL AMENDMENT. %& ARGUMENT IN FAVOR OF PROPOSITION 26 YES ON PROPOSITION 26: STOP POLITICIANS FROM ENACTING HIDDEN TAXES State andlocalpoliticians are using a loophole to impose Hidden Taxes on many products andservices by calling them “fees” instead of taxes, Here’s how it works: Atthe State Level: * California's Constitution requires a two-thirds vote of the Legislature for new or increased taxes, butthe politicians use a gimmick to get around this by calling their taxes “fees” so they can pass them with only a bare majority vote. At the Local Level: * Most tax increasesat the local level require voter approval. Local politicians have been calling taxes “fees” so they can bypass voters andraise taxes without voter permission— taking away yourright to stop these Hidden Taxes at the ballot. PROPOSITION 26 CLOSES THIS LOOPHOLE Proposition 26 requires politicians to meet the same vote requirements to pass these Hidden Taxes as they must to raise other taxes, protecting California taxpayers and consumers by requiring these Hidden Taxes to be passed by a two-thirds vote of the Legislature and, at the local level by public vote. PROPOSITION 26 PROTECTS ENVIRONMENTAL AND CONSUMER REGULATIONS AND FEES Don't be misled by opponents ofProposition26. California has someofthe strongest environmental and consumerprotection laws in the country. Proposition 26 preserves those laws and PROTECTS LEGITIMATE FEES SUCH AS THOSETO CLEAN UP ENVIRONMENTAL OR OCEAN DAMAGE, FUND NECESSARY CONSUMER REGULATIONS, OR PUNISH WRONGDOING,andforlicenses for professional certification or driving. DON’T LET THE POLITICIANS CIRCUMVENT OUR CONSTITUTION TO TAKE EVEN MORE MONEY FROM US Politicians have proposed more than $10 billion in Hidden Taxes. Here are a few examples of things they could apply Hidden Do you wantcorporations to write special protections into California's Constitution? Should California protect polluters at the expense of public safety? That's whatProp. 26is: big oil, tobacco, and alcohol companies wanttaxpayers to pay for cleaning their mess. Asa result, local ~ police and fire departmentswill have fewer resources to keep us safe, The claim that Prop. 26 won't harm consumers and the ~ environmentis false. Corporations are spending millions misleading voters into thinking that the payments made by companies that pollute or harm public health are “hidden taxes.” The campaign’s own website cited “Oil severance fee to mitigate oil spill clean up, and build larger response and enforcement capabilities” as a hidden tax. Here are some otherfees they don’t want to pay—listed in their own documents: * Fees on polluters to clean up hazardous waste * Fees on oil companiesforoil spill cleanu ¢ Fees on tobacco companiesfor the adverse health effects of tobacco products. 60 | Arguments PSECUUiameMmeSUTBd Taxes to unless we stop them: * Food * Gas - * Cell Phones * Electricity * Insurance * Beverages * Emergency Services * Entertainment PROPOSITION 26: HOLD POLITICIANS. ACCOUNTABLE “State politicians already raised taxes by $18 billion. Now, instead of controlling spending to address the budget deficit, they're using this gimmick to increase taxes éven more! It’s time for voters to STOPthepoliticians by passing Proposition 26,”— Teresa Casazza, California Taxpayers’ Association Localpoliticians play tricks on voters by disguising taxes as “fees” so they don’t have to ask voters for approval. They need to control spending, not use loopholesto raise taxes!It’s time to hold them accountable for runaway spending and to stop Hidden Taxesat the locallevel. YES ON PROPOSITION 26: PROTECT CALIFORNIA FAMILIES California families and small businesses can’t afford new and higher Hidden Taxesthatwill kill jobs and hurt families. When government increases Hidden Taxes, consumers and taxpayers pay increased costs on everyday items. “The best way out ofthis recession is to grow the economy andcreate jobs, not increase taxes. Proposition 26 will send a message to politiciansthatit’s time to clean up wasteful spending in Sacramento,”—John Kabateck, National Federation of Independent Business/California VOTE YES ON PROPOSITION 26 TO STOP HIDDEN TAXES—www,No25Yes26.com TERESA CASAZZA,President California Taxpayers’ Association ALLAN ZAREMBERG,President California Chamber of Commerce JOEL FOX, President Small Business Action Committee * Toys ° Water PROPOSITION 26 IS BAD FORTHE ENVIRONMENT; PUBLIC SAFETY, & TAXPAYERS. The California Professional Firefighters, League of Women Voters of California, California Nurses Association, Sierra Club, : Planning & Conservation League, Californians Against Waste, and California Tax Reform Association all oppose 26 because | it would force ordinarycitizens to pay for the damage doneby polluters. Californians can’t afford to clean up polluters’ messes. when local governments are cutting essential serviceslike police and fire departments, WENEED TO PROTECT THE PUBLIC, NOTPOLLUTERS! VOTE NOon 26. RON COTTINGHAM, President Peace Officers Research Association of California WARNER CHABOT, Chief Executive Officer California League of Conservation Voters PATTY VELEZ, President California Association of Professional Scientists Argumentsprinted on this page are the opinions ofthe authors and have not been checkedfor accuracy by any official agency. PROP REQUIRES THAT CERTAIN STATE AND LOCAL FEES BE APPROVED BY TWO-THIRDSVOTE. ~ FEES INCLUDE THOSE THAT ADDRESS ADVERSE IMPACTS ON SOCIETY OR THE ENVIRONMENT CAUSED BY THE FEE-PAYER’S BUSINESS.INITIATIVE CONSTITUTIONAL AMENDMENT. MUICPSRaUST)Ac Should polluters be protected from paying to clean up the damage they do? a Should taxpayers foot the bill instead? - The answer is NO, and that’s whyvoters should reject Proposition 26, the Polluter Protection Act. WhoputProp. 26 on the ballot? Oil, tobacco, and alcohol companiesprovidedvirtually all the funding for this measure, including Chevron, Exxon Mobil, and Phil ip Morris. Their goal: to shift the burden of paying for the damage these companies have done onto the taxpayers. How does this work? Prop. 26 redefines payments for harm to the environmentorpublic health as tax increases, requiring a 2/3 vote for passage. Such payments,or pollution fees on public nuisances, would become much harder to enact—leaving taxpayers to footthebill. California has enough problems without forcing taxpayers to pay for cleaningupafter polluting corporations. Companies that pollute, harm the public health, or create a public nuisance should be required to pay to cover the damage they cause. But the bigoil, tobacco, and alcohol corporations want you, the taxpayer, to pay for cleaning up their messes. That's why these corporations wrote Proposition 26 behind closed doors, with . zero public input, and whytheyput up millions ofdollars to get Proposition 26 on the ballot. Proposition 26 isjust another attempt by corporations to protect themselves at the expense of ordinary citizens. The problem isn’t taxes “hidden”asfees; it’s the oil and tobacco companies hiding their true motives: * Polluters don’t wantto pay fees used to clean up hazardous waste, ; * Oil companies don’t wantto pay fees usedfor cleaning upoil spills and fightingair pollution. * ‘Tobacco companies don’t wantto pay fees used for addressing the adverse health effects of tobacco products. * Alcohol companies don’t want to pay fees used for police protection in neighborhoods and programsto prevent underagedrinking. Oneof the so-called.“hidden taxes” identified by the Proposition 26 campaignis a fee that oil companies payin order to cover the costofoilspill clean-up,like the one in the Gulf. The oil companies should be responsible for the mess they create, not the taxpayers. ; Proposition 26 will harm local public safety and health, by requiring expensivelitigation and endless elections in order for local governmentto providebasic services. Fees on those who do harm should cover such costs as policing public nuisances or tepairing damaged roads. The funds raised by these fees are used by state andlocal governmentsforessential programslike fightingair pollution, cleaning up environmental disasters and monitoring hazardous waste. They require corporations such as tobacco companies to pay for the harm theycause. . If Proposition 26 passes, these costs would have to be paid for by the taxpayers. DON’T PROTECT POLLUTERS.Join California Professional Firefighters, California Federation ofTeachers, California League of Conservation Voters, California Nurses Association, ConsumerFederation ofCalifornia, and California Alliance for Retired Americans, and vote NO‘on 26. www,stoppolluterprotection.com JANIS R. HIROHAMA,President League ofWomen Voters of California JANE WARNER,President American Lung Associationin California BILL MAGAVERN,Director Sierra Club California %& REBUTTAL TO ARGUMENT AGAINST PROPOSITION 26 %* Proposition 26fixes a loophole that allowspoliticians to impose new taxes on businesses and consumersbyfalsely calling them ees”, ; Proposition 26 stopspoliticians from increasing Hidden Taxes on food,water, cell phones and even emergency services— BILLIONS OF DOLLARS IN HIGHER COSTS THAT CONSUMERS WILL PAY, NOT BIG CORPORATIONS. Politicians and special interests oppose Prop. 26 because they want to take more money from working California families by putting “fees” on everything they can think of. Their interest is simple—more taxpayer money forthe politicians to waste, including on lavish public pensions. Hereare thefacts: _ Prop. 26 protects legitimate fees and WON’T ELIMINATE OR PHASE OUT ANY OF CALIFORNIA'S ENVIRONMENTAL OR CONSUMER PROTECTION LAWS,including: — Oil Spill Prevention and Response Act — Hazardous Substance Control Laws — California Clean Air Act ~ California Water Quality Control Act ~ Laws regulatinglicensing and oversight of Contractors, Attorneys and Doctors Arguments printed on this page ave the opinions ofthe authors and have not been checkedfor accuracy by any official agency. “Proposition 26 doesn’t change or underminea single law protecting ourair, ocean, waterways or forests—it simply stops the runawayfeespoliticians pass to fundineffective programs.”— Ryan Broddrick, former Director, Department of Fish and Game Here's what Prop. 26 really does: * Requires a TWO-THIRDS VOTE OF THE LEGISLATURE FOR PASSING STATEWIDEHIDDEN TAXESdisguised asfees, just like the Constitution requires for regular tax increases. . * Requires a POPULAR VOTE TO PASS LOCAL HIDDEN TAXESdisguised asfees, just like the Constitution requires ’ for most otherlocal tax increases, : _ YES on 26—Stop Hidden Taxes. Preserve our Environmental Protection Laws. www.No25Yes26.com JOHN DUNLAP, Former Chairman California Air Resources Board MANUEL CUNHA, JR., President Nisei Farmers League JULIAN GANETE, Chairman California Hispanic Chamber of Commerce Arguments | 61 TEXT OF PROPOSED LAWS (b) The Governor and the Governor-eclect may require a state agency, officer or employee to furnish whatever information is deemed necessary to prepare the budget. (c) (I) The budget shall be accompanied by a budget bill itemizing recommended expenditures. (2) The budget bill shall be introduced immediately in cach house by the persons chairing the committees that consider the budget. (3) The Legislature shall pass the budget bill by midnight on June 15 of each year. (4) .Until the budgetbill has been enacted, the Legislature shall not send to the Governor for consideration any bill appropriating funds for expenditure during the fiscal year for which the budget bill is to be enacted, except emergency bills recommended by the Governor or appropriations for the salaries and expenses of the Legislature. (d) Nobill except the budget bill may contain more than one item of appropriation, and that for one certain, expressed purpose. Appropriations from the General Fund of the State, except appropriations for the public schools; and appropriations in the budget bill and in other bills providingfor appropriations related to the budget bill, are void unless passed,in each housebyrollcall vote entered in the journal, two-thirds of the membership concurring. (e) (1) Notwithstanding any other provision of law or of this Constitution, the budget bill and other bills providing for appropriations related to the budget bill may be passed in each house by rollcall vote entered in the journal, a majority of the membership concurring, to take effect immediately upon being signed by the Governor. or upon a date specifiedin the legislation. Nothing in this subdivision shall affect the vote requirement for appropriationsfor the public schools contained in subdivision (d) ofthis section and in subdivision (b) ofSection 8 ofthis article. (2) For purposes of this section, “other bills providingfor appropriations related to the budgetbill”shall consist only ofbills identified as related to the budgetin the budget bill passed by the Legislature. te} () The Legislature may control the submission, approval, - and enforcement of budgets and the filing of claims forall state agencies. € (g) For the 2004-05 fiscal year, or any subsequent fiscal year, the Legislature may notsend to the Governorfor consideration, nor may the Governor sign into law, a budget bill that would appropriate from the General Fund, for that fiscal year, a total amount that, when combined with all appropriations from the General Fundfor that fiscal year made asofthe date of the budget bill’s passage, and the amount of any General Fund moneys transferred to the BudgetStabilization Accountforthat fiscal year pursuant to Section 20 of Article XVI, exceeds General Fund revenues for that fiscal year estimated as of the date of the budget bill’s passage. That estimate of General Fund revenuesshall beset forth in the budgetbill passed by the Legislature. (h) Notwithstanding any other provision of law or of this Constinuion, including subdivision (c) ofthis section, Section 4 of this article, and Sections 4 and 8 ofArticle III, in anyyear in which the budgetbill is notpassed by the Legislature by midnight on June 15, there shall be no appropriation from the current budget or Juture budget to pay any salary or reimbursement for travel or living expensesfor Members ofthe Legislature during any regular or special sessionfor the periodfrom midnighton June 15until the day that the budget bill is presented to the Governor. No salary or reimbursementfor travel orliving expenses forfeited pursuant to this subdivision shall be paid retroactively, 114 °| Text of Proposed Laws (PROPOSITION 25 CONTINUED) SEC, 5. Severability. If any of the provisions of this measure or the applicability of any provision of this measure to any person or circumstances shall be found to be unconstitutional or otherwise invalid, such finding shall not affect the remaining provisions or applications of this measure to other persons or circumstances, and to that extent the provisions of this measure are deemedto be severable. PROPOSITION 26 This initiative measure is submitted to the people in accordance with the provisions of Section 8 of Article II of the California Constitution. This initiative measure amends sections of the California Constitution; therefore, existing provisions proposed to be deleted _ are printed in strikeeut-type and new provisions proposed to be added are printed in italic type to indicate that they are new. PROPOSED LAW SECTION 1. Findings and Declarations of Purpose. The people of the State of California find and declare that: _ (a) Since the people overwhelmingly approved Proposition 13 in 1978, the Constitution: of the State of California has required that increases in state taxes be adopted by notless than two-thirds of the memberselected to each house ofthe Legislature. (o) Since the enactment of Proposition 218 in 1996, the Constitution of the State of California has required that increases in local taxes be approved bythe voters. (c) Despite these limitations, California taxes have continued to escalate. Rates for state personal income taxes, state and local sales and use taxes, and a myriadof state and local business taxes are at all-time highs. Californians are taxed at one of the highest levels of any state in the nation. (d) Recently, the Legislature added another $12 billion in new taxes to be paid by drivers, shoppers, and anyone whoearns an income. (e) This escalation in taxation does not account for the recent phenomenon wherebythe Legislature and local governments have disguised new taxes as “fees” in order to extract even more revenue from California taxpayers without having to abide by these constitutional voting requirements. Fees couched as “regulatory” but which exceed the reasonablecosts of actual regulationor are simply imposed to raise revenue for a new program and arenot part of any licensing or permitting program are actually taxes and should be subject to the limitations applicable to the imposition of taxes, (f) In order to ensure the effectiveness of these constitutional limitations, this measure also defines a “tax” for state and local purposessothat neither the Legislature nor local governments can circumvent these restrictions on increasing taxes by simply defining new or expandedtaxesas “fees.” SECTION 2. Section 3 of Article XIII A of theCalifornia Constitution is amendedto read: SEC. 3. (a) From and sher theeff ctivedate of this article, revennes-coltected-purstrant-thereto Any change in state statute which results|in any faxpayer paying a higher tax whether-by p " sO ation must be imposed by an Act act passed by not less than ‘two-thirds of all members clected to cach of the two houses of the Legislature, except that no new ad valorem taxes on real property, or sales or transaction taxes on the sales of real property may be imposed, TEXT OF PROPOSED LAWS (b) As used in this section, “tax” means any levy, charge, or exaction ofany kind imposed by the State, except thefollowing: (1) A charge imposed for a specific benefit conferred or privilege granted directly to the payorthatis notprovided to those not charged, and which does not exceed the reasonable costs to the State of conferring the benefit or granting the privilege to the payor. (2) A charge imposed for a specific government service or product provideddirectly to thepayor that is notprovided to those not charged, and which does not exceed the reasonable costs to the State ofproviding the service or product to the payor. (3) A charge imposedfor the reasonable regulatory costs to the State incident to issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. / (4) Acharge imposedforentrance to oruse ofstate property, or the purchase, rental, or lease of state property, except charges governed by Section 15 ofArticle XI. (5) A fine, penalty, or other monetary charge imposed by the judicial branch ofgovernmentor the State, as a result ofa violation oflaw. , (c) Any tax adopted after January 1, 2010, but prior to the effective date of this act, that was not adopted in compliance with the requirements ofthis section is void 12 monthsafter the effective date ofthis act unless the tax is reenacted by the Legislature and signed into law by the Governor in compliance with the requirements ofthis section. (a) The State bears the burden ofproving by a preponderance ofthe evidence that a levy, charge, or other exaction is not a tax, that the amount is no more than necessary to cover the reasonable costs of the governmental activity, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payor’s burdens on, or. benefits receivedfrom, the governmentalactivity. SECTION 3. Section 1 of Article XIII C of the California Constitution is amendedto read: SECTION 1. Definitions. As used inthis article: (a) “General tax” means any tax imposed for general governmental purposes. (b) “Local government” means any county, city, city and county, including a charter city or county, any special district, or any other local or regional governmentalentity. (c) “Special district” means an agency of the State, formed pursuant to generallaw or a special act, for the local performance of governmental or proprietary functions with limited geographic boundaries including, but not limited to, school districts and redevelopmentagencies. (d) “Special tax” means any tax imposedfor specific purposes, including a tax imposed for specific purposes, which is placed into a general fund. (e). As used in this article, “tax’’ means any levy, charge, or exaction of any kind imposed by a local government, except the following: (1) A charge imposed for a specific benefit conferred or privilege granted directly to the payor thatis notprovided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege. (2) A charge imposed for a specific government service or product provideddirectly to the payorthat is not provided to those not charged, and which does not exceed the reasonable costs to the local governmentofproviding the service or product. (PROPOSITION 26 CONTINUED) (3) A charge imposedfor the reasonable regulatory coststo a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. . (4) A charge imposedfor entrance to or use oflocal government property, or the purchase, rental, or lease of local government property, (5) A fine, penalty, or other monetary charge imposed by the judicial branch ofgovernmentor a local government, as a result of a violation oflaw. (6) A charge imposed as a condition ofproperty development. (7) Assessments and property-related fees. imposed in accordance with the provisionsofArticle XII! D. The local government bears the burden of proving by a ' preponderance of the evidence that a levy, charge, or other exaction is not a tax, that the amountis no more than necessary to cover the reasonable costs of the governmental activity, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payor’s burdens on, or benefits receivedfrom, the governmental activity. SECTION 4. Conflicting Measures. In the event that this measure and another measure or measures relating to the legislative or local votes required to enact taxes or fees shall appear on the same statewide election ballot, the provisions of the other measure or measures shall be deemed tobe in conflict with this measure. In the event that this measure shall receive a greater numberofaffirmative votes, the provisions ofthis measure shall prevail in their entirety, and the provisions of the other measure or measuresrelating to the legislative or local votcs required to enact taxes or fees shall be null and void. SECTION 5. Severability. If any provision of this act, or any part thereof, is for any reason held to be invalid or unconstitutional, the remaining provisions shall not be affected; but shall remain in full force and effect, and to this end the provisionsof this act are severable. PROPOSITION 27 This initiative measure is submitted to the people in accordance with the provisions of Section 8 of Article II of the California Constitution. , This initiative measure amends the California Constitution and repeals sections of the Government Code; therefore, existing provisions proposedto be deleted are printed in strikeeuttype and new provisions proposed to be added are printed in italic type to indicate that they are new. PROPOSED LAW SECTION 1. Title. This Act shall be known and maybe cited as the “Financial Accountability in Redistricting Act” or “FAIR Act.” SECTION 2. Findings and Purpose. The people of the State of California hereby make the following findings and declare their purpose in enacting the FAIR Actis as follows: (a) Ourpolitical leadership hasfailed us. California is facing an unprecedented economic crisis and we, the people (not the politicians), need to prioritize how we spend our limited funds. We are going broke. Spending unlimited millions of dollars to create | multiple new bureaucracies just to decide a political game of Musica! Chairs is a waste—pure and simple. Undercurrent law, a group of unelected commissioners, making up to $1 million a year Text of Proposed Laws | 115 Santa Barbara Municipal Code ‘’ Chapter 4.24 UTILITY SERVICES TAX Sections: 4.24.010 Definitions. 424.110 Penalty. 4,24.020 Telephone Tax. 4.24.120 Actions to Collect. 4.24.030 Electricity Tax. 4.24.130 Failure to Pay Tax - Administrative 4.24.040 Gas Tax. Remedy. 4.24.050 Water Tax. 4.24.140 Assessment - Administrative 4.24.060 Garbage Collection Tax. Remedy. | 4.24.070 Cable Television Tax. 4.24.150 Records. 4.24.080 Exemptions. 4.24.160 Refunds. 4.24.090 Collection of Tax. 4.24.170 — Severability. 4.24.100 Reporting and Remitting. 4.24.190 Appropriation and Use of Funds. 4,.24.010 Definitions. , Except where the context otherwise requires, the definitions given in this Section govern the construction ofthis Chapter. A. "Person." A domestic or foreign corporation,firm, association, syndicates, joint stock company,partnership, joint venture, club, Massachusetts business or common-lawtrust, society or individual, and includes a municipal corporation. B. "City." The City of Santa Barbara. C. "Telephone corporation", "electrical corporation", "gas corporation", "water corporation" and "cable televisioncorporation." As defined in Sections 234, 218, 222, 241 and 215.5, respectively, of the Public Utilities Codeofthe State of California. “Electrical corporation" and "water corporation" include any municipality or franchised agency engagedin theselling or supplying of electrical power or waterto a service user. . "Tax Collector." The City Treasurer. , E. "Service supplier." A person required to collect and remit a tax imposed by this Chapter. F, "Service user." A person required to pay a tax imposed by this Chapter. G. "Month." A calendar month, (Ord. 4289, 1984, Ord. 3436 Section 1(part), 1970.) 4.24.020 Telephone Tax. A. TAX IMPOSED; RATE. Thereis imposed a tax upon every person in the City, other than a telephone corporation, using intrastate telephone communication servicesin the City. The tax imposed bythis Section shall be at the rate of six percent (6%) ofall charges madefor such services and shall be paid by the person payingfor such services. ; B. EXCEPTIONS - COIN AND MOBILE TELEPHONES.Asusedin this Section, the term "charges" shall not include chargesforservices paid for by inserting coins in coin-operated telephones except that where such coin- operated telephoneservice is furnished for a guaranteed amount, the amountspaid under such guarantee plus any fixed monthly orother periodic charge shall be included in the base for computing the amount of tax due; nor shall the term "telephone communication services" include land mobile services or maritime mobile services as defined in Section 2.1 of Title 47 of the Code of Federal Regulations, as such Section existed on January 1, 1969. C. EXCEPTION - INTRASTATE TELEPHONES. Notwithstanding the provisions of Subsection A ofthis Section, the tax imposed underthis Section shall not be imposed upon anyperson for usingintrastate telephone communication services to the extentthat the amounts paid for such services are exempt from or notsubjectto the tax imposed by Section 4251 of Title 26 of the United States Code, as such Section existed on January 1, 1969, without regard to Subsection (b) thereof. (Ord. 4289, 1984; Ord. 3927, 1977; Ord. 3436 Section 1(part), 1970.) 4.24.030 Electricity Tax. A. TAX IMPOSED; RATE. There is imposed a tax upon every personin the City using electrical energy in the City. The tax imposed bythis Section shall be at the rate of six percent (6%) of the charges made for such energy and shall be paid by the person paying for such energy. "Charges" as used in this Section, include charges for: 1. Metered energy; and - 2. Minimum chargesfor service, including customercharges, service charges, demand charges and annual and monthly charges. 68 rev. 12/31/02 B. EXCEPTION. Asused in this Section, the term "using electrical energy", shall not be construed'to mean the storage of such energy bya personin a battery owned or possessed by him for use in an automobile or other machinery or device apart from the premises upon which the energy was received; provided, however, that the term shall include the receiving of such energy for the purposeofusing it in the charging ofbatteries. The term does not include electricity used in water pumpingby water corporations; nor shall the term include the mere receiving of such energy byanelectrical corporationat a point within the City for resale. (Ord. 4289, 1984; Ord. 3927, 1977; Ord. 3436 Section 1(part), 1970.) 4.24.040 Gas Tax. . A. TAX IMPOSED; RATE. There is imposed a tax upon every person in the City using the City gas whichis delivered through mains or pipes. The tax imposed by this Section shall be at the rate of six percent (6%) ofthe charges madefor such gas, including minimum chargesfor service, and shall be paid for by the person paying for _ such gas. B.. EXCEPTIONS. The term "charges" shall not include charges made for gas whichis to be resold.and delivered through mainsorpipes, charges made for gassold or uséd in the generation ofelectrical energy by a public utility or a governmental agency, and charges made bya gas public utility for gas used or consumedin the conduct of the business of gas public utilities. (Ord. 4289, 1984; Ord. 3927, 1977; Ord. 3436 Section 1 (part), 1970.) 4,24.050 Water Tax. A. TAX IMPOSED; RATE. There is imposed a tax upon every person in the City using water whichis delivered through mainsor pipes. The tax imposed by this Section shall be at the rate of six percent (6%)ofthe charges made for such water and shall be paid by the person paying for such water. B. EXCLUSION. There shall be excluded from the base on which the tax imposed in this Section is computed, charges made for water which is to be resold and delivered through mainsor pipes; and charges made by a municipal water department, public utility or a county or municipal water district for water used and consumed by such department,utility or district in the conduct of business of such department, utility or district. C. EXCLUSION. There shall also be excluded from the tax imposed bythis Section 4.24.050 all water service in the City furnished by any waterutility district other than the Public Works Departmentofthe City. D. DEPOSIT OF FUNDS. Effective July 1, 2002, the proceeds of the tax imposed underthis Section shall be deposited in the General Fund. (Ord. 5245, 2002; Ord. 4857, 1994; Ord. 4289, 1984; Ord. 3927, 1977; Ord. 3436 Section 1 (part), 1970.) , - 4.24.060 Garbage Collection Tax. There is imposed a tax upon every person in the City using the service of a garbage, refuse and rubbish collection and disposal contractor or permittee authorized as such by the City, and whether such contractoror permittee be a person, firm, partnership or corporation. The tax imposed by this Section shall beatthe rate of six percent (6%) of the charges authorized by Section 7.16.620 of the Santa Barbara Municipal Code, 1967,or, in the event such charges be not so regulated, then upon the charges actually chargedat the effective date of the ordinance codifiedin this Chapter. Trash collectors are exempt from the tax imposed by this Section. (Ord. 4289, 1984; Ord. 3927, 1977; Ord. 3436 Section 1(part), 1970.) 4,24.070 Cable Television Tax. _ There is imposed a tax upon every personin the City using cable television service. The tax imposed by this Section shall be at the rate of six percent (6%) of the charges madefor suchservice and shall be paid by the person paying for such service. (Ord. 4289, 1984; Ord. 3927, 1977; Ord. 3436 Section 1(part), 1970.) 4.24.080 Exemptions. A. CONSUMER.Thetax imposed by this Chapter shall not apply to any individual who used telephone, ~ electric, gas, cable television, water services or garbage collection in or upon any premises occupied by such individual; provided the total Adjusted Gross Incomeofthat individual, as used for purposes ofthe California .Personal Income Tax Law, was no more than $5,330.00 for the most recent completed calendar year, and provided the combined Adjusted Gross Incomeof all members of the household in which such individual resided was no more than $7,990.00. The exemption amounts set forth herein shall be adjusted upwards or downwards each January | to reflect the percentage change in the annual average of the ConsumerPrice Index (All Urban Consumers, All Items- Los Angeles-Long Beach-Anaheim)for the twelve months prior to the preceding September 30. The City Administrator shall compute the dollar increase or decrease annually, the result shall be roundedoff to the nearest ten dollar ($1.0) increment, and this adjustmentshall be effective as of January 1 of each year hereafter. 69 rev. 12/31/02 B. PREREQUISITE: APPLICATION AND APPROVAL.The exemption granted by this Section shall not eliminate the duty of the service supplier from collecting taxes from such exemptindividuals,orthe duty of such exempt individuals from paying suchtaxes to the service supplier; unless an exemptionis applied for by the service user and granted in accordance with the provisions of this Section. _ _C. APPLICATION. Anyservice user exemptfrom the taxes imposed by this Chapter because of the provisions of Subsection A mayfile an application with the Tax Collector for an exemption. Suchapplication shall be made upon a form supplied by the Tax Collector; and shall state those facts, declared under oath, which qualify the applicant for an exemption. D. GRANTING; NOTICE TO SERVICE SUPPLIERS. The Tax Collectorshall review all such applications, and shall certify as exempt those applicants determined to qualify therefor; and shall notify all service suppliers affected that such exemptions have been approved. For each exemption,the following information shall be transmitted to the service supplier: 1. Nameof exemptapplicant. / 2. Account number shownonutility bill. 3. Address to which exemptservice is being supplied.- , 4. Anyother information as may be necessary for the service supplier to remove the exemptservice user from its tax billing procedure. FE. OBLIGATIONS OF SERVICE SUPPLIER. Uponreceipt of such notice, the service supplier shall not be required to continue to bill any further tax imposed by this Chapter from such exemptservice user, until further notice by the Tax Collectoris given. The service supplier shall eliminate such exempt service userfromits tax billing procedure nolater than sixty (60) daysafter receipt of such notice from the Tax Collector. F. ANNUAL REVIEW.All exemptionsshall be renewed annually and shall exist, so long as the prerequisite facts supportingthe initial qualification for exemption shall continue; provided, however,that the exemptionshall automatically terminate with any changein theservice address or residence of the exemptindividual; further provided such individual may nevertheless apply for a new exemption with each change of address or residence. If an applicant whohas been granted an exemption doesnotfile a new application prior to April 15 evidencing continuedeligibility under the cost-of-living adjustmentfor that year as previously computed by the City Administrator, the exemption shall automatically terminate. . G. EVIDENCE OF CONTINUEDELIGIBILITY. The Tax Collector shall have the powerandright to demand evidenceof continued eligibility of a service user for exemption underthe provisions ofthis Section. Such evidence may include, but need notbelimited to, copies of business records, letters or statements from the Social Security Administration, copies of income tax returns, and such other evidence concerning the service user or other members of his household as may tendto prove ordisprove such eligibility. Failure to provide such evidenceasis within the control of a service user to so provide, whether directly by him or by his consent or the consent of a memberofhis household when such evidenceis requested of the service userin writing by the Tax Collector, shall be grounds for the immediate discontinuanceofthe service user's eligibility for exemption underthe provisions ofthis Section. Evidence provided to the Tax Collector upon request, or voluntarily provided by the service user without request, may not beused against such service user as evidenceofviolation of the provisionsofthis Section; such evidence may only be used as groundsfor termination of the exemption herein provided. H. LOSS OF EXEMPTION; MISDEMEANOR.Anyindividual exemptfrom thetax shall notify the Tax - Collector within ten (10) days of any changein fact or circumstance which might disqualify said individual from receiving such exemption. It shall be a misdemeanorfor any person to knowingly receive the benefits of the exemptions provided by this Section, when the basis for such exemption either does not exist or ceases to exist. I. DUTY OF SERVICE SUPPLIER. Notwithstanding any ofthe provisions hereof, any service supplier who determines by anymeans that a new or non-exemptservice useris receiving service through a meter or connection exemptby virtue of an exemptionissued to a previous user or exemptuser of the same meter or connection, such service supplier shall immediately notify the Tax Collector of such facts; and the Tax Collector shall conduct an investigation to ascertain whetheror not the provisions ofthis Section have been complied with, and where appropriate, order the service supplier to commencecollecting the tax from the non-exemptservice user. J. DENIAL OF APPLICATION; APPEAL.If the Tax Collector determinesthat an application for exemption is faulty, or that the applicant hasfailed to truthfully set forth such facts, application for the exemption shall be.denied in writing to the applicant. The applicant shall thereafter have a right to file an amended application for exemption; or to appeal the Tax Collector's decision within a 10-day period after the mailing date of the Tax Collector's rejection. In the case of an appeal, the City Administrator shall review the facts in consultation with the City Attorney, and shall render a final determination on such appeal. . K. CONSTRUCTION WITH OTHER LAWS. Nothing in this Chapter shall be construed as imposing a tax upon any person if imposition of such tax upon that person would be in violation of the Constitution of the United States or the Constitution of the State of California. (Ord. 4289, 1984; Ord. 4021, 1979; Ord. 3927, 1977; Ord. 3436 Section 1(part), 1970.) 70 rev, 3/31/94 4.24.090 Collection of Tax. ~A. DUTY TO COLLECT. Every person receiving paymentof charges from a serviceusershall collect the amount of tax imposed by this Chapterfrom theserviceuser. -B. TIME FOR COLLECTION.Thetax shall be collected insofar as practicable at the same time as and along with the collection of charges made in accordance with the regularbilling practice of the service supplier. C. COMMENCEMENTOF DUTY.Theduty to collect tax from a service user shall commence with the beginning ofthe first regular billing period applicable to that person whichstarts on orafter the effective date ofthis Chapter. Where a person receives more than one(1) billing, one (1) or more being fordifferent periods than another, the duty to collect shall arise separately for each billing period. (Ord. 4289, 1984; Ord. 3436, Section l(part), 1970.) 424.100 Reporting and Remitting. Eachservice supplier shall on or before the twentieth of each month make a return to the Tax Collector on forms providedby him,stating the amountoftaxesbilled by the service supplier during the preceding month. Atthe time the return is filed, the full amount ofthe tax collected shall be remitted to the Tax Collector, The Tax Collector is authorized to require such further information as he deemsnecessary to properly determineif the tax here imposedis being levied and collected in accordance with this Chapter. Returns and remittancesare due immediately upon cessation ofbusiness for any reason. (Ord. 4289, 1984; Ord. 3436, Section l(part), 1970.) 424.110 Penalty. A. DELINQUENT TAXES.Taxes collected from a service user which are not remitted to the Tax Collector on or before the due date providedin this Chapter are delinquent. , B. AUTOMATIC PENALTY.Penalties for delinquencyin remittance of any tax collected or any deficiency determination,shall attach and be paid by the person required to collect and remit at the rate offifteen percent (15%) ofthe total tax collected or imposed herein. _ ©. ADDITIONAL PENALTY. The Tax Collector shall have powerto impose additional penalties upon personsrequired to collect and remit taxes underthe provisions of this Chapter for fraud or negligence in reporting or remitting at the rate of fifteen percent (15%) of the amountofthe tax collected or as recomputed by the Tax Collector. D. PENALTY PART OF TAX DUE. Every penalty imposed underthe provisions of this Section shall become a part of thetax required to be remitted. (Ord. 4289, 1984; Ord. 3436, Section \(part), 1970.) 4,.24.120 Actions to Collect. Anytax required to be paid by a service user under the provisions of this Chapter shall be deemed a debt owed by the service user to the City. Any such tax collected from a service user which has not beenremitted to the Tax Collector shall be deemed a debt owed to the City by the person required to collect and remit. Anytax billed to a service user but notpaid to the service supplier shall not be deemed an obligation ofthe service supplier unless such tax is thereafter paid to the service supplier. Any person owing moneyto the City under the provisionsofthis Chapter shall be liable to an action broughtin the nameofthe City for the recovery of such amount. (Ord. 4289, 1984; Ord. 3436 Section 1(part), 1970.) — 4.24.130 Failure to Pay Tax - Administrative Remedy. - Wheneverthe Tax Collector determines that a service-userhas deliberately withheld the amountofthe tax owed by him from the amounts remitted to a service supplier, or that a service user has failed to pay the amountofthe tax for a period of two (2) or morebilling periods, or whenever the Tax Collector deemsit in the best interest of the City, he mayrelieve the service supplier of the obligation to collect taxes‘due underthis Chapter from certain named service users for specified billing periods. The Tax Collector shall notify the service user that he has assumed responsibility to collect the taxes for the stated periods and demand paymentofsuch taxes. The notice shall be servedonthe service user by handingit to him personally or by deposit ofthe notice in the United States mail, postage prepaid thereon, addressed to the service userat the address to which billing was made by the service supplier; or should the service user have changedhis address, to his last known address. If a service userfails to remit the tax to the Tax Collector within fifteen (15) days from the date of the service of the notice upon him, which shall be the date of mailing if service is not accomplished in person,a penalty of twenty-five percent (25%) of the amountofthe tax set forth in the notice shall be imposed, but notless than five dollars ($5.00). The penalty shall becomepart ofthe tax herein required to be paid. (Ord. 4289, 1984; Ord. 3436, Section 1(part), 1970.) 71 rev. 3/31/94 4.24.140 Assessment - Administrative Remedy. The Tax Collector may make an assessmentfortaxes not paid or remitted by a person required to pay or remit. A notice of the assessment, which shall refer briefly to the amountofthe taxes and penalties imposed and the time and place when such assessment shall be submitted to the City Council for confirmation or modification, shall be prepared by the Tax Collector. The Tax Collector shall mail a copy of such notice to the personselling the service andto the service userat least ten (10) days prior to the date of hearing and shall post such notices at the City Hall forat least five (5) continuous dayspriorto the date ofthe hearing. Any interested party having any objections may appear and be heard at the hearing pro-vided his objectionis filed in writing with the Tax Collector prior to the time set for the hearing. At the timefixed for considering the assessment, the City Council shall conduct a hearing andafter the hearing may confirm or modify the assessment by motion. (Ord. 4289, 1984, Ord. 3436, Section 1 (part), 1970. 4,24.150 Records. It shall be the duty of every person required to collect and remit to the City any tax imposed by this Chapter to keep andpreserve, for a period of three (3) years, all records as may be necessary to deter- mine the amountofsuch tax as he may havebeenliable for the collection of and remittance to the Tax Collector, which records the Tax Collector shall have the right to inspectat all reasonable times. (Ord. 4289, 1984; Ord. 3436, Section I (part), 1970.) 4.24.160 Refunds. A. AUTHORIZED. Wheneverthe amountofany tax has been overpaid or paid more than once or has been erroneously orillegally collected or received by the Tax Collector underthis Chapter,it may be refunded as provided in this Section. ; B. CLAIM BY PERSON COLLECTING TAXES. A person required to collect and remit taxes imposed underthis Chapter may claim a refund ortake as credit against taxes collected and remitted the amount overpaid, paid more than onceor erroneously or illegally collected or received whenit is established, in a mannerprescribed by the Tax Collector, that the service user from whom the tax has been collected did not owethe tax; provided, however, that neither the refund nor a credit shall be allowed unless the amountofthe tax so collected has either been refundedto the service user or credited to charges subsequently payable by the service user to the person required to collect and remit. C. EVIDENCE. Norefund shall be paid underthe provisions of this Section unless the claimant establishes his right thereto by written records showing entitlement thereto. (Ord. 4289, 1984.) 4.24170 Severability. "If any section, subsection, subdivision, paragraph, sentence, clause or phrase ofthis Chapter or any part hereofis for any reason held to be unconstitutional, suchdecision shall not affect the validity of the remaining portions of this Chapter of any part hereof. The City Council declares that it would have passed eachsection, subsection, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. (Ord. 4289, 1984; Ord. 3436 Section I (part), 1970.) 4.24.190 Appropriation and Use of Funds. Fifty percent (50%) ofthe revenues imposed and collected underthis Chapter shall be appropriated and used for street reconstruction, maintenance and/or repair. (Ord. 4289, 1984; Ord. 3927 Section2, 1977.) 72 rev. 12/31/08 $225589 IN THE SUPREME COURT OF THE STATE OF CALIFORNIA ROLLAND JACKS and ROVE ENTERPRISES,INC., Plaintiffs and Appellants, v. CITY OF SANTA BARBARA, Defendant and Respondent. On Review from the Court of Appeal for the Second Appellate District, Division Six, Case No. B253474 After an Appeal from the Superior Court of California, County of Santa Barbara, Case Number1383959, Hon. Thomas P. Anderle PROOF OF SERVICE HANSON BRIDGETT LLP Adam W. Hofmann, SBN 238476 ahofmann@hansonbridgett.com 425 Market Street, 26th Floor San Francisco, California 94105 Telephone: (415) 777-3200 Facsimile: (415) 541-9366 Attorneys for Amicus Curiae - LEAGUEOF CALIFORNIA CITIES PROOF OF SERVICE Rolland Jacks, et al. v. City ofSanta Barbara California Supreme Court Case No.: $225589 Court of Appeal, 2° Appellate District Case No.: B253474 Santa Barbara County Superior Court Case No.: 1383959 Atthe time ofservice, I was over 18 years of age and not a party to this action. I am employedin the County of San Francisco, State of California. My business address is 425 Market Street, 26th Floor, San Francisco, CA 94105. On October 21, 201 5, I served true copies of the following document(s) describedas: 1. APPLICATION OF THE LEAGUE OF CALIFORNIA CITIES TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF RESPONDENTCITY OF SANTA BARBARA; AMICUS CURIAE BRIEF 2. . MOTION FOR JUDICIAL NOTICE IN SUPPORT OF AMICUS CURIAEBRIEF; SUPPORTING MEMORANDUM; SUPPORTING DECLARATION OF ADAM W. HOFMANN 3. [PROPOSED] ORDER GRANTING MOTION FOR JUDICIAL NOTICE IN SUPPORT OF AMICUS CURIAE BRIEF on the interested parties in this action as follows: SEE ATTACHED SERVICELIST - BY UPS: I enclosed said document(s) in an envelope or package provided by UPS andaddressedto the persons at the addresses listed in the Service List. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box ofUPS. BY OVERNIGHT DELIVERY: I enclosed said document(s) in an envelope or package provided by the overnight service carrier and addressed to the personsat the addresseslistedin the Service List. I placed the envelope or packagefor collection and overnight delivery at an office or a regularly utilized drop box ofthe overnight service carrier or delivered such document(s) to a courier or driver authorized by the overnight service carrier to receive documents. I declare underpenalty of perjury under the laws of the State of California that the foregoingis true and correct. Executed on October 21, 2015, at San Francisco, California.. Grace M.‘Mobr 11627245.1 ‘SERVICE LIST Rolland Jacks, etal. v. C.ity ofSanta Barbara California Supreme Court Case No.: $225589 Attorneys for Plaintiffs and Appellants Rolland Jacks, et al. David W.T. Brown,Esq. Paul E. Heidenreich, Esq. Huskinson, Brown & Heidenreich, LLP 1200 Aviation Blvd, Suite 202 Redondo Beach, CA 90278 Telephone: (310) 545-5459 Email: huskinsonbrown@att.net Attorneys for Defendant and RespondentCity of Santa Barbara Ariel P. Calone, Esq. Tom R. Shapiro, Esq. City of Santa Barbara P.O. Box 1990 Santa Barbara, CA 93102 Telephone:(805) 564-5326 Facsimile: (805) 897-2532 Email: tshapiro@santabarbaraca.gov VIA OVERNIGHTDELIVERY Attorneys for Defendant and Respondent City of Santa Barbara Michael G. Colantuono, Esq. Ryan Thomas Dunn,Esq. Leonard P. Aslanian, Esq. Colantuono, Highsmith & Whatley, PC 300 S. Grand Avenue, Suite 2700 Los Angeles, California 90071-3137 Telephone: (213) 542-5700 Facsimile: (213) 542-5710 Email: mcolantuono@chwlaw.us rdunn@chwlaw.us laslanian@chwlaw.us Hon. ThomasP. Anderle Santa Barbara County Superior Court 1100 Anacapa Street Santa Barbara, Ca 93121 Clerk of the Court of AppealSecond Appellate District, Division 6200 East Santa Clara StreetVentura, CA 93001 11627245.1
