PROPOSITIONS 5 &
36 September 25, 2024
Proposition 5
Lower Voter Threshold – General Obligation Bonds
2 Currently
GO bonds and special taxes issued by local agencies must be approved by two-thirds of voters.
ACA 1 (Aguiar-Curry)
Lowers the voter requirement for locals to issue GO bonds or special taxes to fund infrastructure or housing projects to 55 percent.
ACA 10 (Aguiar-Curry)
Removed “special taxes” from ACA 1.
Final Version
Lowers the voter threshold from two-thirds to 55
percent for cities, counties, and special districts
to issue GO bonds to fund public infrastructure,
affordable housing, and permanent supportive
housing.
Public
Infrastructure • Infrastructure for the delivery of public services • Utilities, including water/wastewater
• Recovery from natural disasters
• Emergency response equipment
• Public broadband internet access
• Grants for hardening homes
Housing
• Housing developments or portions of
developments that provide affordable units to low
- and middle-income residents.
• Downpayment assistance programs
Benefits
Jurisdiction
Annual
Audits
Citizen Oversight
Committee
Local
Ordinance /
Program
Requirements
No staff
salaries
Bidding Prohibitions5 Percent Admin
Cost
No additional GO
bonds until
commitment of
funds
Limitations
Proposition 36
Homelessness, Drug Addiction, and Theft Reduction
Act
9 Proposition 47 (Amended by Prop 36)
Safe Neighborhood and Schools Act (November 2014)
• Theft and drug possession: Some felonies changed to misdemeanor. • Resentencing: Felonies that qualified as misdemeanors can petition for resentencing. • Reclassification: Sentences completed for felonies that qualified as misdemeanors can be reclassified.
Proposition 36
Property Crime
• Reclassifies theft with two or more prior convictions as jail-eligible felony. • Fourth theft conviction is eligible to be served in state prison. • Additional rules when “smash and grabs” lead to significant losses or committed by multiple individuals.
• Allows aggregation of amounts stolen in multiple thefts by single individual.
Proposition 36
Drug Crimes
• Discretion to charge third drug conviction as treatment-mandated felony. • If re-arrested after treatment, defendant can re-start treatment. • If individual refuses treatment and is re-arrested a fourth time, felony is prison-eligible. • Adds fentanyl to list of drugs resulting in felony prison time when in possession of large quantities or firearms are involved.
• Requires warning of potential murder conviction.
Discuss the Policy Committee’s support
recommendation for Proposition 5 and
Proposition 36 and approve the resolutions in
support of the propositions.
Recommendation
14 Thank you.