Legislative Committee – November 20, 2023
Santa Clarita 2024 Draft Executive and Legislative Platform
Recommendation
Legislative Committee discuss and recommend adoption of the Santa Clarita 2024 Executive and Legislative Platform.
Summary
The legislative platform outlines policy statements regarding legislative and regulatory issues that are of interest to the organization and are likely to come forward during the congressional or state legislative sessions. The City Council adopted the Santa Clarita 2023 Executive and Legislative Platform on December 13, 2022.
Revisions proposed in the draft Santa Clarita 2024 Executive and Legislative Platform include adding opposition of administrative or legislative actions to preempt judicial discretion in the review and sentencing of misdemeanors and felonies and support for public health orders to be based on local data and input.
The draft Santa Clarita 2024 Executive and Legislative Platform outlines policy statements regarding legislative and regulatory issues that are of interest to the City and may come forward during the 118th Congress and California Legislature’s 2023-24 Session. The draft Executive and Legislative Platform has been developed in a manner that is consistent with previous positions adopted by the City Council and is designed to provide City of Santa Clarita (City) staff, as well as the City's federal and state legislative delegation, with general guidance on legislative and regulatory issues of interest and concern to the City Council.
The draft Executive and Legislative Platform will also inform organizations with an advocacy presence in Washington and Sacramento, such as the League of California Cities and California Contract Cities Association, of the Santa Clarita City Council's legislative interests. Finally, the document will assist staff in communicating on legislative and regulatory issues of interest and concern and will enable staff to quickly act in the event an issue of direct impact to the City requires immediate action.
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Communication: Santa Clarita 2024 Draft Executive and Legislative Platform Staff Report (ITEM 1 SANTA CLARITA 2024 EXECUTIVE AND
1 CITY OF SANTA CLARITA, CALIFORNIA
20243 Executive and Legislative Platform
An executive and legislative platform, approved by the City Council, enables City of Santa Clarita elected officials and staff to act quickly in reaching out to legislators, executive branch elected officials, and legislative, administrative, or regulatory staff in communicating the City’s interests at the federal and state levels of government. The components within the 20243 Executive and Legislative Platform are primarily based upon positions previously adopted by the City Council.
The Santa Clarita City Council establishes the City of Santa Clarita’s official policy position on all legislative, administrative, and regulatory matters with which the City is involved.
Position statements regarding legislative, administrative, regulatory, and other matters for which City Council established policy exists may be communicated by the City Manager or designated staff to legislators, legislative staff, administration officials, ad ministrative staff, regulatory board members, and other entities, as appropriate, reflecting the City Council’s adopted policy.
For those matters in which no City Council policy exists, bills and other legislative , administrative, or regulatory matters will be brought to the City Council Legislative Committee for a recommendation to the full City Council. These matters may also be brought directly to the City Council, upon the request of the Council or in the event that timeliness of action by the City Council is required.
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Communication: Santa Clarita 2024 Draft Executive and Legislative Platform (ITEM 1 SANTA CLARITA 2024 EXECUTIVE AND LEGISLATIVE
2 The purpose of the Santa Clarita 20243 Executive and Legislative Platform is to outline the position of the City Council on priority issues and matters that impact the City's ability to operate effectively. City staff will monitor federal and state legislation, and administrative or regulatory proposals; taking appropriate action when required in compliance with the adopted Legislative Platform in order to safeguard and/or advance the City’s interests in Washington, D.C. and Sacramento.
The statements outlined below are intended to assist the City Council and City staff to efficiently and appropriately address proposed legislation, administrative, or regulatory actions to promote City interests and protect local authority, as necessary.
FEDERAL
1. Support legislation seeking to implement the Rim of the Valley Corridor Special Resource Study; containing boundary adjustments that include portions of the Santa Clarita Valley, but does not eliminate or limit current authority of the City o f Santa Clarita.
2. Support funding opportunities to be used toward the construction and long-term management of the Saint Francis Dam Disaster National Memorial and National Monument.
3. Support infrastructure legislation and direct grant funding to local governments for a federal investment in transportation, water resources, housing, and community development.
3.4. Support legislation, regulatory proposals, or administrative actions that increase penalties for possession or purchase of fentanyl with the intention to sell or administer.
4. Support legislation, regulatory proposals, administrative actions, or public health orders to allow and support businesses that have been forced to limit or close their operations, due to the COVID-19 pandemic, to responsibly reopen and operate to the capacity that will safely initiate the economic recovery process.
5. Support legislation, administrative proposals, or grant opportunities that will secure funding for Santa Clarita’s emergency management services and pre-disaster mitigation funding, including resources to assist with wildfire mitigation.
6. Support legislation, regulatory proposals, or grant applications that will bring program flexibility and funding beneficial to the City of Santa Clarita under legislation, reauthorizing the Infrastructure Investment and Jobs Act.
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Communication: Santa Clarita 2024 Draft Executive and Legislative Platform (ITEM 1 SANTA CLARITA 2024 EXECUTIVE AND LEGISLATIVE
3 7. Oppose legislation that limits or eliminates local discretionary review of the installation of small cell wireless equipment or any wireless technology facilities on public infrastructure or in the public right of way.
8. Oppose regulatory efforts by Congress or the Federal Communications Commission to erode, limit, or eliminate local government authority regarding siting of cellular communications towers, transmission sites, or other infrastructure.
9. Support legislation that enables local governments to enact ordinances or exercise regulatory authority governing residential recovery facilities, including, but not limited to, drugs and alcohol.
10. Support legislation to increase funding for, creating enhancements to, or expanding the boundaries of the San Gabriel Mountains National Monument.
11. Work with Members of Congress regarding issues related to the potential legislative establishment of a Castaic Wilderness area.
12. Support legislation and grant opportunities that will preserve or increase funding for the Community Development Block Grant (CDBG) program and HOME Investment Partnerships Program.
13. Support legislation, regulatory proposals, or administrative efforts that provide additional authority or direct funding for municipalitiesto cities to address homelessness issues within their communities.
14. Support legislation or grant opportunities for local governments that provide funding for development or enhancing alternative fueling stations for vehicles.
15. Support legislation, administrative proposals, or grant opportunities that will increase funding for Santa Clarita’s community services; including, but not limited to, funding for local law enforcement Community Oriented Policing Services (COPS) and enhanced Justice Assistance Grants (JAG).
16. Support legislation, administrative actions, or regulatory proposals ensuring that contract cities for law enforcement services are treated equally with municipalities providing full service or in-house law enforcement services.
17. Support legislation or funding opportunities for development of a community arts center.
18. Support funding opportunities to be used toward the operation or programming of the Santa Clarita Valley Senior Center.
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Communication: Santa Clarita 2024 Draft Executive and Legislative Platform (ITEM 1 SANTA CLARITA 2024 EXECUTIVE AND LEGISLATIVE
4 19. Support incentives and programs utilized by states and local governments designed to keep filming within the United States, and in particular, California.
20. Work with the Federal Emergency Management Agency to secure updated community flood maps and mitigation funding.
21. Oppose the imposition of unfunded or less-than-fully-funded mandates on local governments.
STATE
1. Oppose legislation that would interfere with, limit, or eliminate the decision -making authority of municipalities in the area of local land use.
2. Support legislative efforts to address the negative impacts of AB 109, Proposition 47, and Proposition 57 on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.
3. Oppose legislation, regulatory proposals, special directives, or administrative actions that preempt judicial discretion in the review and sentencing of misdemeanors and felonies, including the issuance of bail.
3.4. Support legislation, regulatory proposals, or administrative actions that increase penalties for possession or purchase of fentanyl with the intention to sell or administer.
4.5. Support legislation, regulatory proposals, or administrative actions to accelerate the development and implementation of enhanced electrical utility infrastructure, including undergrounding of utility equipment, that ensures reliable utility service and public safety and prevents the use of public safety power shutoffs.
5.6. Support legislation that would increase local involvement in the review and petition of a person’s parole.
6.7. Oppose legislation or regulatory action that seeks to limit or eliminate municipal authority to regulate or ban commercial growing, processing, licensing, sale, or transport of cannabis or cannabis products for recreational or medical use.
7.8. Support legislation that authorizes a local agency the authority to regulate the delivery of cannabis or cannabis products within its jurisdictional boundaries.
Formatted: List Paragraph, No bullets or numbering
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Communication: Santa Clarita 2024 Draft Executive and Legislative Platform (ITEM 1 SANTA CLARITA 2024 EXECUTIVE AND LEGISLATIVE
5 8.9. Oppose legislation that proposes to convert the Regional Housing Need Assessment (RHNA) from a planning process to a production standard.
9.10. Oppose legislation that penalizes a city or local government if the units identified in the RHNA are not constructed.
10.11. Support legislation that authorizes a local agency to receive RHNA credit for the conversion of above-moderate income units to moderate-income or below moderate- income units.
11.12. Support legislation that seeks to revise the formula for allocating vehicle license fee adjustment amounts to restore revenues to cities that have annexed developed areas.
12.13. Support legislation to authorize state funding to assist local agencies in the development of affordable housing, infrastructure, and economic development projects.
13. Support legislation, regulatory proposals, administrative actions, or public health orders to allow and support businesses that have been forced to limit or close their operations, due to the COVID-19 pandemic, to responsibly reopen and operate to the capacity that will safely initiate the economic recovery process.
14. Support legislation, regulatory proposals, or administrative actions that require a public health order issued by the State or County of Los Angeles, during the COVID- 19 pandemic State of Emergency, to be based on local data and input, rather than on statewide or countywide data.
15. Support legislation, regulatory proposals, or administrative actions that end the State of Emergency related to the COVID-19 pandemic.
16. Support legislation, regulatory proposals, administrative actions, or public health orders that authorize a COVID-19 vaccine exemption for children ages 5 to 11 for religious or medical purposes.
17.14. Oppose legislation that seeks to impose district-based voting systems in municipal elections or otherwise mandates specific actions for municipalities to implement when challenged regarding compliance with the California Voting Rights Act.
18.15. Oppose legislation that removes or limits the authority of local jurisdictions to determine how best to comply with provisions of the California Voting Rights Act.
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Communication: Santa Clarita 2024 Draft Executive and Legislative Platform (ITEM 1 SANTA CLARITA 2024 EXECUTIVE AND LEGISLATIVE
6 19.16. Support legislation that provides more transparency and contact between mobilehome park owners and residents; particularly in the areas of mobilehome park owner/tenant relations, conversion of senior parks to family parks, mobilehome lease agreements, mobilehome rent adjustments, and mobilehome park maintenance and evictions.
20.17. Support legislation that requires local government consultation and approval before the State of California may issue approval or permits in a manufactured housing community, which, were it not for preemptive state jurisdiction, would otherwise require local government review and approval.
21.18. Oppose legislation that changes the composition of the Los Angeles County Metropolitan Transportation Authority Board of Directors (Metro), resulting in a reduction of Santa Clarita’s representation or influence with the Board of Directors.
22.19. Oppose legislation that seeks to circumvent local control and local circumstances when addressing homelessness.
23.20. Support legislation, regulatory, or administrative efforts that provide additional authority or funding for municipalitiesto cities to address homeless issues within their communities.
24.21. Support legislation, administrative proposals, or grant opportunities that will secure funding for Santa Clarita’s emergency management services and pre -disaster mitigation funding, including resources to assist with wildfire mitigation, with the California Office of Emergency Services.
25.22. Oppose legislation, regulatory proposals, or administrative actions to limit or eliminate local government authority or mandate by-right approvals relative to the siting or modification of telecommunications equipment or infrastructure, including small cell wireless and fiber equipment.
26.23. Oppose legislation that limits or eliminates local discretionary review of the installation of small cell wireless equipment or any wireless or broadband technology facilities on public infrastructure or in the public right of way.
27.24. Support legislation, regulatory proposals, or administrative actions to assure timely reimbursements of mandated reimbursements owed to the City of Santa Clarita by the State of California.
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Communication: Santa Clarita 2024 Draft Executive and Legislative Platform (ITEM 1 SANTA CLARITA 2024 EXECUTIVE AND LEGISLATIVE
7 28.25. Support legislation that maintains or enhances the City’s ability to keep and protect existing state and local funding sources providing revenues to the City of Santa Clarita.
29.26. Oppose legislation that limits local control of municipal public services or imposes new financial burdens.
30.27. Support legislation that provides greater stability and security of the California Public Employees Retirement System.
31.28. Take an active approach on legislation, regulatory proposals, or other actions regarding the proposed California High-Speed Rail Authority project. Oppose alignment proposals that are not fully underground within the Palmdale to Burbank project section or otherwise negatively impact Santa Clarita residents and the community.
32.29. Oppose legislation that would infringe upon the authority of local governments to effectively administer and consider unique local circumstances when processing permits and enforcing building and safety standards.
33.30. Oppose legislation that seeks to limit or eliminate municipal authority to regulate street or sidewalk vendors.
34.31. Support legislation requiring transparency in the state licensing requirements for alcohol and drug residential rehabilitation or recovery facilities on par with public noticing requirements for group home facilities.
35.32. Oppose legislation that seeks to limit or eliminate municipal authority to permit, regulate, or prohibit shared mobility devices.
36.33. Support legislation that provides local governments with a role in regulating the location of state licensed alcohol or drug recovery facilities.
37.34. Support legislation that will preserve or enhance the tools, incentives, and programs utilized by local governments and the state that will promote filming in California.
38.35. Advocate for measures that support the City’s continued efforts to retain and promote the growth or expansion of local businesses.
39.36. Support legislation, regulatory proposals, or grant opportunities for local governments that provide funding for developing or enhancing alternative fueling stations for vehicles.
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Communication: Santa Clarita 2024 Draft Executive and Legislative Platform (ITEM 1 SANTA CLARITA 2024 EXECUTIVE AND LEGISLATIVE
8 40.37. Support legislation or funding opportunities for development of a community arts center.
41.38. Support legislative and regulatory efforts to ensure Santa Clarita receives its fair share of transportation revenue; based upon appropriate population statistics or proportionate to transportation tax dollars generated in the City and increase funding for local transportation, transit programs, and projects.
42.39. Oppose legislation that would prohibit or limit local governments’ ability to contract out for the provision of services.
43.40. Oppose legislation that mandates local governments provide specific benefits to employees or removes or limits local authority to determine the level of benefits to be provided to employees.
44.41. Support measures that provide funding to local agencies for training, effective disaster preparedness, sheriff’s station infrastructure, homeland security, and emergency planning.
45.42. Support legislation, regulations, or administrative actions ensuring all cities, including contract cities, have equal access to funding which increases public safety services.
46.43. Support legislation, regulations, or administrative actions ensuring all cities, including contract cities, have equal access to funding for parks, recreation, and open space.
47.44. Support legislation and administrative actions that protect the ability for a local government to preserve open space in and around a local government’s jurisdiction.
48.45. Monitor and influence legislation or other actions related to the reasonable management of water, consistent with being good water stewards, and oppose policies that outright prohibit local water accessibility.
49.46. In partnership with the Santa Clarita Valley Sanitation District, work with state legislators and administration officials in seeking funding to continue reduction of self-regenerating water softeners and/or provides funding for the chloride compliance project.
50.47. Support legislation that enhances transparency in the decision-making process of the State Water Resources Control Board and the Regional Water Quality Control Board.
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Communication: Santa Clarita 2024 Draft Executive and Legislative Platform (ITEM 1 SANTA CLARITA 2024 EXECUTIVE AND LEGISLATIVE
9 51.48. Support full funding of the state’s obligation to support local public libraries pursuant to existing formulas established in the state’s education code.
52.49. Support legislation that directs a portion of Cap-and-Trade funds toward local transportation projects, excluding additional funds for the California hHigh-Sspeed Rrail project.
53.50. Support legislation that increases penalties for possession of date rape drugs with the intention of committing sexual assault.
54.51. Oppose the imposition of unfunded or inadequately funded state mandates.
FOR ADDITIONAL INFORMATION PLEASE CONTACT:
Masis Hagobian
Intergovernmental Relations Officer
[email protected]
(661) 286-4057
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Communication: Santa Clarita 2024 Draft Executive and Legislative Platform (ITEM 1 SANTA CLARITA 2024 EXECUTIVE AND LEGISLATIVE
Legislative Committee – November 20, 2023
Ballot Initiatives: Taxpayer Protection and Government Accountability Act and ACA 13
1 Recommendation
Legislative Committee discuss and provide direction to staff.
Summary
Ballot Initiative No. 21-0042A1 or the “Taxpayer Protection and Government Accountability Act,” (Act) is a citizen’s initiative that proposes a constitutional amendment that makes various changes to limit the ability of voters and state and local governments to raise revenues for government services.
In response to the Act, the state legislature passed Assembly Constitutional Amendment 13 on September 14, 2023, which proposes a constitutional amendment that requires any initiative that seeks to increase the voter approval threshold to raise a new tax or fee to be passed by at least the same voter threshold being proposed.
Background
On January 4, 2022, the California Business Roundtable (CBRT) filed the Taxpayer Protection and Government Accountability Act (Act). On February 1, 2023, the ballot initiative filed by the CBRT qualified for the November 5, 2024, ballot.
The Act would amend the California Constitution with provisions that change the rules for how the state and local governments can impose taxes, fees, and other charges.
Major provisions of the Act include:
• Requires a statewide tax increase passed by the state legislature to receive a majority approval by the statewide electorate in order to take effect (applies to measures that took effect on or after January 1, 2022);
• Increases the voter threshold for a local special tax increase by a citizen’s initiative from a simple majority to two-thirds of the electorate (applies to measures that took effect on or after January 1, 2022);
• Requires all new or increased taxes adopted on or after January 1, 2022, to include a sunset date;
• Requires voter approval in order to apply an existing local tax to a territory that is annexed;
• Expands the definition of a tax to include charges imposed only to a payer who receives specific benefits or privileges in return of paying the charge; Packet Pg. 13
Communication: Ballott Initiative - Staff Report (ITEM 2 Ballot Initiatives: Taxpayer Protection and Government Accountability Act and ACA 13) 2 • Prohibits local advisory measures, which allow voters to express a preference for how local general tax dollars should be spent;
• Prohibits, as a condition of property development or occupancy, a fee regulating vehicle miles traveled;
• Prohibits state and local fees for services or permits to exceed the “actual cost” and defines “actual cost,” as the minimum amount necessary; and
• May require voter approval of fines and penalties for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties. This includes violations of state and local environmental, water quality, public health, public safety, and nuisances.
With regard to the provision on state and local fees for services or permits, the Act proposes that if a fee payer challenges a charge, the state or local government would need to provide clear and convincing evidence that the fee does not exceed the “minimum amount necessary” for the permit or service. State and local governments also would bear the burden of providing clear and convincing evidence that the levy is a fee, which is not subject to a vote by the electorate, and not a tax under the expanded definition.
The measure is anticipated to put approximately $2 billion of voter-approved local government tax and fee revenues at risk statewide with related core public service impacts. The Legislative Analyst’s Office estimates the Act would “lower annual state and local revenues, potentially substantially lower, depending on future actions of the state legislature, local governing bodies, voters, and the courts.”
In addition to the CBRT (sponsor), the Act is supported by the Howard Jarvis Taxpayers Association and the California National Association for Industrial and Office Parks.
The League of California Cities, California Contract Cities Association, California State Association of Counties, and California Professional Firefighters, along with a broad coalition of local governments, labor, and public safety leaders, and infrastructure advocates, strongly oppose the Act.
In September 2023, the state legislature and Governor Newsom filed an emergency petition with the California Supreme Court to remove the Act from the November 2024 ballot. The League of California Cities and the Mayors of the cities of Los Angeles, Long Beach, Irvine, Oakland, Sacramento, San Diego, San Francisco, and San Jose have filed an amicus brief in support of the emergency petition.
In response to the Act, the state legislature passed Assembly Constitutional Amendment 13 (ACA 13) on September 14, 2023, which will also be on the November 2024 ballot.
ACA 13 proposes a constitutional amendment that requires any initiative that seeks to increase the voter approval threshold to raise a new tax or fee to be passed by at least the same voter threshold being proposed. ACA 13 specifies that it only applies to future initiatives that appear on the ballot on or after January 1, 2024. Additionally, ACA 13 authorizes local governing Packet Pg. 14
Communication: Ballott Initiative - Staff Report (ITEM 2 Ballot Initiatives: Taxpayer Protection and Government Accountability Act and ACA 13) 3 bodies to hold an advisory vote concerning any issue of governance for the purpose of allowing voters within the jurisdiction to voice their opinions on the issue.
If approved by a simple majority, ACA 13 would require the Taxpayer Protection and Government Accountability Act to obtain at least a two-thirds vote of approval in order to pass.
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Communication: Ballott Initiative - Staff Report (ITEM 2 Ballot Initiatives: Taxpayer Protection and Government Accountability Act and ACA 13) BELL, McANDREWS & HILTACHK, LLP
Anabel Renteria
Initiative Coordinator
ATTORNEYS AND COUNSEL-ORS AT I.AW
455 C APIT O L MALL , S UITE 600
SACRAMENT O, CALIFOE=INIA 95014
(916) 44;a-7757
FA X [916) 44-;a-7 7 59
www.bmhlaw. com
January 4, 2022
2 1 - 0 0 4 2
RECEIVED
JAN O 4 2022
Office of the Attorney General
State of California
INITIATIVE COORDINATOR
ATTORNEY GENERAL'S OFFICE
PO Box 994255
Sacramento, CA 94244-25550
Re: Initiative 21-0042 - Amendment Number One
Dear Initiative Coordinator:
Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 21-0042 "The Taxpayer Protection and Government Accountability Act." The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed .
I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language.
Thank you for your time and attention processing my request.
Sincerely,
~~
Thomas W. Hiltachk
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Communication: Ballott Initiative -21-0042A1 Text (ITEM 2 Ballot Initiatives: Taxpayer Protection and Government Accountability Act and ACA 2 1 - 0 0 4 2 Arndt. # /
The Taxpayer Protection and Government Accountability Act [Deleted codified text is denoted in strikeout. Added codified text is denoted by italics and underline.] Section 1. Title
This Act shall be known, and may be cited as, the Taxpayer Protection and Government Accountability Act.
Section 2. Findings and Declarations
(a) Californians are overtaxed. We pay the nation's highest state income tax, sales tax, and gasoline tax. According to the U.S. Census Bureau, California's combined state and local tax burden is the highest in the nation. Despite this, and despite two consecutive years of obscene revenue surpluses, state politicians in 2021 alone introduced legislation to raise more than $234 billion in new and higher taxes and fees.
(b) Taxes are only part of the reason for California's rising cost-of-living crisis. Californians pay billions more in hidden "fees" passed through to consumers in the price they pay for products, services, food, fuel, utilities and housing. Since 2010, government revenue from state and local "fees" has more than doubled.
(c) California's high cost of living not only contributes to the state's skyrocketing rates of poverty and homelessness, they are the pushing working families and job-providing businesses out of the state. The most recent Census showed that California's population dropped for the first time in history, costing us a seat in Congress. In the past four years, nearly 300 major corporations relocated to other states, not counting thousands more small businesses that were forced to move, sell or close. (d) California voters have tried repeatedly, at great expense, to assert control over whether and how taxes and fees are raised. We have enacted a series of measures to make taxes more predictable, to limit what passes as a "fee," to require voter approval, and to guarantee transparency and accountability. These measures include Proposition 13 (1978), Proposition 62 (1986), Proposition 218 (1996), and Proposition 26 (2010).
(e) Contrary to the voters' intent, these measures that were designed to control taxes, spending and accountability , have been weakened and hamstrung by the Legislature, government lawyers, and the courts, making it necessary to pass yet another initiative to close loopholes and reverse hostile court decisions.
Section 3. Statement of Purpose
(a) In enacting this measure, the voters reassert their right to a voice and a vote on new and higher taxes by requiring any new or higher tax to be put before voters for approval. Voters also intend that all fees and other charges are passed or rejected by the voters themselves or a governing body elected by voters and not unelected and unaccountable bureaucrats.
(b) Furthermore, the purpose and intent of the voters in enacting this measure is to increase transparency and accountability over higher taxes and charges by requiring any tax measure placed on the ballot- 1 Packet Pg. 17
Communication: Ballott Initiative -21-0042A1 Text (ITEM 2 Ballot Initiatives: Taxpayer Protection and Government Accountability Act and ACA either at the state or local level-to clearly state the type and rate of any tax, how long it will be in effect , and the use of the revenue generated by the tax.
(c) Furthermore, the purpose and intent of the voters in enacting this measure is to clarify that any new or increased form of state government revenue, by any name or manner of extraction paid directly or indirectly by Californians, shall be authorized only by a vote of the Legislature and signature of the Governor to ensure that the purposes for such charges are broadly supported and transparently debated. (d) Furthermore, the purpose and intent of the voters in enacting this measure is also to ensure that taxpayers have the right and ability to effectively balance new or increased taxes and other charges with the rapidly increasing costs Californians are already paying for housing, food, childcare, gasoline, energy , healthcare, education, and other basic costs of living, and to further protect the existing constitutional limit on property taxes and ensure that the revenue from such taxes remains local, without changing or superseding existing constitutional provisions contained in Section 1{c) of Article XIII A. (e) In enacting this measure, the voters also additionally intend to reverse loopholes in the legislative two thirds vote and voter approval requirements for government revenue increases created by the courts includin g, but not limited to, Cannabis Coalition v. City of Upland, Chamber of Commerce v. Air Resources Board, Schmeer v. Los Angeles County, Johnson v. County of Mendocino, Citizens Assn. of Sunset Beach v.
Orange County Local Agency Formation Commission, and Wilde v. City of Dunsmuir.
Section 4. Section 3 of Article XIII A of the California Constitution is amended to read:
Sec. 3(a} Every levy, charge. or exaction of any kind imposed by state law is either a tax or an exempt charge.
illlJ1l ~ Any change in state statute Jaw which results in any taxpayer paying a new or higher tax must be imposed by an act passed by not less than two-thirds of all members elected to each of the two houses of the Legislature , and submitted to the electorate and approved by a maiority vote, except that no new ad valorem taxes on real property, or sales or transaction taxes on the sales of real property, may be imposed. Each Act shall include:
(A) A specific duration of time that the tax will be imposed and an estimate of the annual amount expected to be derived from the tax.
(BJ A specific and legally binding and enforceable limitation on how the revenue from the tax can be spent.
If the revenue from the tax can be spent for unrestricted general revenue purposes. then a statement that the tax revenue can be spent for "unrestricted general revenue purposes" shall be included in a separate, stand-alone section. Any proposed change to the use of the revenue from the tax shall be adopted by a separate act that is passed by not less than two-thirds of all members elected to each of the two houses of the Legislature and submitted to the electorate and approved by a maiority vote. (2) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, including a measure proposed by an elector pursuant to Article II, include:
{A) The type and amount or rate of the tax;
(BJ The duration of the tax: and
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Communication: Ballott Initiative -21-0042A1 Text (ITEM 2 Ballot Initiatives: Taxpayer Protection and Government Accountability Act and ACA (CJ The use of the revenue derived from the tax.
(c} Any change in state law which results in any taxpayer paying a new or higher exempt charge must be imposed by an act passed by each of the two houses of the Legislature. Each act shall specify the type of exempt charge as provided in subdivision (e ), and the amount or rate of the exempt charge to be imposed.
Ml._fbt As used in this section and in Section 9 of Article II, "tax" means every aA1f levy, charge, or exaction of any kind imposed by the State state law that is not an exempt charge. e1<eept the follo•Ning:
(e) As used in this section. "exempt charge" means only the following:
(1) a el:iarge imposes fer a s1=1eeifie eenefit eonferreEl or pri'+'ilege granteEl aireetly to tl:ie 13ayor tl:iat is not 1=1ro>viaeEl to tl:iose not et:iargeEI, anEI whiel:i aoes not e1<ceeEl tl:ie reasonal3Ie costs to tl:ie State of eonferring the benefit or granting the pri¥ilege to the 1=1a¥OF.
ill {-2+ A reasonable charge irnposeEl for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the rnasonable actual costs to the State of providing the service or product to the payor. f.11 ~ A charge in,poseEl for 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. (3) A levy, charge. or exaction collected from local units of government. health care providers or health care service plans that is primarily used by the State of California for the purposes of increasing reimbursement rates or payments under the Medi-Cal program, and the revenues of which are primarily used to finance the non-federal portion of Medi-Cal medical assistance expenditures. (4) A reasonable charge iR'l13oseEl for entrance to or use of state property, or the purchase. rental, or lease of state property, except charges governed by Section 15 of Article XI. (5} A fine, or penalty, or other monetary el:large including any applicable interest for nonpayment thereot imposed by the judicial branch of government or the State, as a result of a state administrative enforcement agency pursuant to adiudicatorv due process, to punish a violation of law. (6} A levy, charge, assessment, or exaction collected for the promotion of California tourism pursuant to Chapter 1 (commencing with Section 13995) of Part 4.7 of Division 3 of Title 2 of the Government Code. flL~Any tax or exempt charge adopted after January 1, 2022 ~, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted B'l the begislatuFe anel signea into law ey tl:ie <iio¥ernoF in compliance with the requirements of this section. [gl[.JlJG:} The State bears the burden of proving by a preponEleranee oftl:le clear and convincing evidence that a levy, charge, or other exaction is an exempt charge and not a tax. The State bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. ,tR-a-t tl:ie amouRt is RO n,ore tl:ian neeessary to cover the reasonable costs of the go•.•emn,ental actii,•i:t>,• ane 3 Packet Pg. 19
Communication: Ballott Initiative -21-0042A1 Text (ITEM 2 Ballot Initiatives: Taxpayer Protection and Government Accountability Act and ACA that the manner in •Nhiel.:i these cests are allecated ts a pa·1er bear a fair er reasenable relatienshi13 ts the 13a·1or's b1:1relens on, or benefits reeei11eel from, the go•.ieFRmental actit.iit'( (2) The retention ofrevenue by, or the payment to. a non-governmental entity ofa levv. charge, or exaction of any kind imposed by state law, shall not be a factor in determining whether the levy. charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy, charge, or exaction of any kind as being voluntary, or paid in exchange for a benefit, privilege, allowance, authorization, or asset, shall not be a factor in determining whether the levy, charge, or exaction is a tax or an exempt charge. /4} The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. (h) As used in this section:
(1) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor, and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes, other exempt charges, grants, and state or federal funds received to provide such service or product.
(2) "Extend" includes, but is not limited to, doing any of the following with respect to a tax or exempt charge: lengthening its duration. delaying or eliminating its expiration, expanding its application to a new territory or class ofpayor, or expanding the base to which its rate is applied. (3) "Impose" means adopt, enact, reenact, create, establish, collect, increase or extend. (4) "State law" includes, but is not limited to. any state statute, state regulation, state executive order. state resolution, state ruling, state opinion Jetter, or other legal authority or interpretation adopted, enacted. enforced, issued, or implemented by the legislative or executive branches of state government. "State law" does not include actions taken by the Regents of the University of California, Trustees of the California State University, or the Board of Governors of the California Community Colleges.
Section 5. Section 1 of Article XIII C of the California Constitution is amended, to read:
Sec. 1. Definitions. As used in this article:
{a) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor. and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes. other exempt charges, grants, and state or federal funds received to provide such service or product.
(b) "Extend" includes, but is not limited to. doing any of the following with respect to a tax. exempt charge, or Article XIII D assessment. fee, or charge: lengthening its duration, delaying or eliminating its expiration. expanding its application to a new territory or class of payor, or expanding the base to which its rate is applied.
4 Packet Pg. 20
Communication: Ballott Initiative -21-0042A1 Text (ITEM 2 Ballot Initiatives: Taxpayer Protection and Government Accountability Act and ACA .lfl..W
11 General tax" means any tax imposed for general governmental purposes. (d} "Impose" means adopt, enact, reenact, create, establish, collect, increase, or extend. {clJb} "Local government" means any county, city, city and county, including a charter city or county, any special district, or any other local or regional governmental entity, or an elector pursuant to Article fl or the initiative power provided by a charter or statute . (f) "Local law" includes. but is not limited to, any ordinance, resolution, regulation. ruling, opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by a local government.
{gl_{t} "Special district" means an agency of the State, formed pursuant to general law 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 redevelopment agencies. f11L{d} "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund.
111 i@} As used in this article, and in Section 9 of Article II, "tax" means every aRV-levy, charge, or exaction of any kind, imposed by a local go,;ernmeRt law that is not an exempt charge., exeept tl=le fellowiRg:
(i) As used in this section, "exempt charge" means only the following:
(1) A cl=large imposeel fer a speeifie beAefit eoAferreel or pri,;ilege graAteel eliFeetl')' to tl=le pa1,ior tl=lat is Rot pre1,•ieleel to these Rot ehargea, aA£l which £lees Rot exeeeel tl=le reaseAable costs to tl=le loeal gm,·ernFAeAt of conferriAg the beAefit or graAting tl:1e pri¥ilege.
ill R} A reasonable charge imposes for a specific local government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasoAable actual costs to the local government of providing the service or product. fl1 WA charge im13ose£l for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof.
W {4t A reasonable charge imposeel for entrance to or use of local government property, or the purchase, rental, or lease of local government property.
Ml. fSt A fine, or penalty, or other FAOA@tar,· eharge including any applicable interest for nonpayment thereat imposed by the judicial branch of government or a local government administrative enforcement agency pursuant to adiudicatorv due process, as a res1,1lt of to punish a violation of law. ill -f6t A charge imposed as a condition of property development. No levv, charge, or exaction regulating or related to vehicle miles traveled may be imposed as a condition of property development or occupancy. f.i1 f7t An AssessFAeRts a Rel property relate el fees assessment. fee. or charge imJ;1oseel iA aeeoraanee witl=l the pro¥isio A5 of subject to Article XI 11 D, or an assessment imposed upon a business in a tourism marketing district, a parking and business improvement area, or a property and business improvement district. 5 Packet Pg. 21
Communication: Ballott Initiative -21-0042A1 Text (ITEM 2 Ballot Initiatives: Taxpayer Protection and Government Accountability Act and ACA (7) A charge imposed for a specific health care service provided directly to the payor and that is not provided to those not charged. and which does not exceed the reasonable costs to the local government of providing the health care service. As used in this paragraph, a "health care service" means a service licensed or exempt from licensure by the state pursuant to Chapters 1. 1.3, or 2 of Division 2 of the Health and Safety Code.
The local government bears the b1:1rden of proving by a preponderance of the e .. ·ielence that a lew, charge, or other exaction is not a ta1<, that the amo1:1nt is no more than necessaPJ' to cover the reasonable costs of the go•,ernfflental acti•.«ity anel that tJ:ie manner in which those costs are allocateel to a pa•ror bear a fair or reasonable relationship to the pa•ror's blslrdens on, or bene:fits receiveel from, the go1a1ernmental acfa•ity.
Section 6. Section 2 of Article XIII C of the California Constitution is amended to read :
Sec. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution:
(a) Every levy. charge. or exaction of any kind imposed by local law is either a tax or an exempt charge. All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. (b) No local Jaw go,.·ernment whether proposed by the governing body or by an elector, may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body. (c) An•r general tax imposed, el<tended, or increaseel, •.-.iitho1:1t •.·oter approval, lay any local go,.·ernment on or after Janlslary 1, 1995, ana prior ta the effecti,.·e date of this article, shall contin1:1e to be imposed only if appro,.·ea b1• a majority vote of the voters voting in an election OR the issye of the in:iposition, whicl::i election sl::iall be l::ield witl::iin t•Ne 1•ears ef the effectii.ie date of this article and in com13liance with slslbdi\·isien (b}. {El) No local law government. whether proposed by the governing body or by an elector. may impose, eMteRd, er increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. {d) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, include:
(1) The type and amount or rate of the tax;
(2) the duration of the tax; and
(3) The use of the revenue derived from the tax. If the proposed tax is a general tax. the phrase "for general government use" shall be required, and no advisory measure may appear on the same ballot that would indicate that the revenue from the general tax will. could. or should be used for a specific purpose. (e) Only the governing body of a local government. other than an elector pursuant to Article II or the initiative power provided by a charter or statute. shall have the authority to impose any exempt charge.
The governing body shall impose an exempt charge by an ordinance specifying the type of exempt charge 6 Packet Pg. 22
Communication: Ballott Initiative -21-0042A1 Text (ITEM 2 Ballot Initiatives: Taxpayer Protection and Government Accountability Act and ACA as provided in Section l(i) and the amount or rate of the exempt charge to be imposed. and passed by the governing body. This subdivision shall not apply to charges specified in paragraph (7) of subdivision (i) of Section 1.
ff) No amendment to a Charter which provides for the imposition, extension, or increase of a tax or exempt charge shall be submitted to or approved by the electors. nor shall any such amendment to a Charter hereafter submitted to or approved by the electors become effective for any purpose. (q) Any tax or exempt charge adopted after January 1, 2022, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted in compliance with the requirements of this section.
{h)(1) The focal government bears the burden of proving by clear and convincing evidence that a levy, charge or exaction is an exempt charge and not a tax. The local government bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. (2} The retention of revenue by, or the payment to, a non-governmental entity of a levy. charge, or exaction of any kind imposed by a local law, shall not be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy. charge. or exaction of any kind imposed by a local law as being paid in exchange for a benefit. privilege, allowance, authorization, or asset, shall not be factors in determining whether the levy, charge, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
Section 7. Section 3 of Article XIII D of the California Constitution is amended, to read:
Sec. 3. Property Taxes, Assessments, Fees and Charges Limited (a) No tax, assessment, fee, 6f charge, or surcharge, including a surcharge based on the value ofpropertv, shall be assessed 13y a Ry ageRC'f upon any parcel of property or upon any person as an incident of property ownership except:
(1) The ad valorem property tax impeseEI p1::1rsYaRt te described in Section 1(a) of Article XIII and Section 1/a) of Article XIII A, and described and enacted pursuant to the voter approval requirement in Section 1/b) Q[Article XII I A.
(2) Any special non-ad valorem tax receiving a two-thirds vote of qualified electors pursuant to Section 4 of Article XIII A, or after receiving a two-thirds vote of those authorized to vote in a community facilities district by the Legislature pursuant to statute as it existed on December 31, 2021. (3) Assessments as provided by this article.
(4) Fees or charges for property related services as provided by this article. 7 Packet Pg. 23
Communication: Ballott Initiative -21-0042A1 Text (ITEM 2 Ballot Initiatives: Taxpayer Protection and Government Accountability Act and ACA (b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership.
Section 8. Sections 1 and 14 of Article XIII are amended to read:
Sec. 1 Unless otherwise provided by this Constitution or the laws of the United States:
(a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax purposes as the full value.
(b) All property so assessed shall be taxed in proportion to its full value. (c) All proceeds from the taxation of property shall be apportioned according to law to the districts within the counties.
Sec. 14. All property taxed by state or local government shall be assessed in the county, city, and district in which it is situated. Notwithstanding any other provision of/aw, such state or local property taxes shall be apportioned according to law to the districts within the counties.
Section 9. General Provisions
A. This Act shall be liberally construed in order to effectuate its purposes.
B. (1) In the event that this initiative measure and another initiative measure or measures relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures shall appear on the same statewide election ballot, the other initiative measure or measures shall be deemed to be in conflict with this measure. In the event that this initiative measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions ofthe other initiative measure or measures shall be null and void. (2) In furtherance of this provision, the voters hereby declare that this measure conflicts with the provisions of the "Housing Affordabili ty and Tax Cut Act of 2022" and "The Tax Cut and Housing Affordability Act," both of which would impose a new state property tax (called a "surcharge") on certain real property, and where the revenue derived from the tax is provided to the State, rather than retained in the county in which the property is situated and for the use of the county and cities and districts within the county, in direct violation of the provisions of this initiative. (3) If this initiative measure is approved by the voters, but superseded in whole or in part by any other conflicting initiative measure approved by the voters at the same election, and such conflicting initiative is later held invalid, this measure shall be self-executing and given full force and effect.
C. The provisions of this Act are severable. If any portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this Act is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Act. The People of the State of California hereby declare that they would have adopted this Act and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not 8 Packet Pg. 24
Communication: Ballott Initiative -21-0042A1 Text (ITEM 2 Ballot Initiatives: Taxpayer Protection and Government Accountability Act and ACA declared invalid or unconstitutional without regard to whether any portion of this Act or application thereof would be subsequently declared invalid.
D. If this Act is approved by the voters of the State of California and thereafter subjected to a legal challenge alleging a violation of state or federal law, and both the Governor and Attorney General refuse to defend this Act, then the following actions shall be taken:
(1) Notwithstanding anything to the contrary contained in Chapter 6 of Part 2 of Division 3 ofTitle 2 of the Government Code or any other law, the Attorney General shall appoint independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (2) Before appointing or thereafter substituting independent counsel, the Attorney General shall exercise due diligence in determining the qualifications of independent counsel and shall obtain written affirmation from independent counsel that independent counsel will faithfully and vigorously defend this Act. The written affirmation shall be made publicly available upon request. (3) A continuous appropriation is hereby made from the General Fund to the Controller, without regard to fiscal years, in an amount necessary to cover the costs of retaining independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (4) Nothing in this section shall prohibit the proponents of this Act, or a bona fide taxpayers association, from intervening to defend this Act.
9 Packet Pg. 25
Communication: Ballott Initiative -21-0042A1 Text (ITEM 2 Ballot Initiatives: Taxpayer Protection and Government Accountability Act and ACA Assembly Constitutional Amendment No. 13
RESOLUTION CHAPTER 176
Assembly Constitutional Amendment No. 13—A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 10 of, and adding Section 10.5 to, Article II thereof, and adding Section 7.8 to Article XI thereof, relating to voting. [Filed with Secretary of State November 2, 2023.]
legislative counsel’s digest
ACA 13, Ward. Voting thresholds.
The California Constitution pro vides that a proposed constitutional amendment and a state wide initiati ve measure each tak e ef fect only if approved by a majority of the votes cast on the amendment or measure.
This measure would further provide that an initiative measure that includes one or more provisions that would amend the Constitution to increase the voter approval requirement to adopt an y state or local measure w ould be approved by the voters only if the proportion of v otes cast in f avor of the initiative measure is equal to or greater than the highest v oter appro val requirement that the initiative measure would impose. The measure would specify that this v oter appro val requirement w ould apply to state wide initiative measures that appear on the ballot on or after January 1, 2024.
The California Constitution also permits initiative and referendum powers to be e xercised by the v oters of each city or county under procedures provided by the Legislature.
This measure would expressly authorize a local governing body to hold an advisory v ote concerning an y issue of go vernance for the purpose of allowing voters within the jurisdiction to voice their opinions on the issue.
The measure would specify that an advisory question is approved only if a majority of the votes cast on the question are in favor.
This measure would further declare that its provisions are severable and that if any provision is held invalid, the other provisions of the act remain valid, as specified.
WHEREAS, In an era of special interests and others attempting to manipulate the electoral process, it is important to preserve the fundamental right of California citizens to appro ve state wide initiati ve statutes and referenda by a majority vote; and
WHEREAS, Initiative measures proposing to amend the Constitution to increase the vote requirement above a majority vote to pass other state and local measures violate the principle of majority rule; and
94 Packet Pg. 26
Communication: ACA 13 Text (ITEM 2 Ballot Initiatives: Taxpayer Protection and Government Accountability Act and ACA 13) WHEREAS, Citizens have a substantial interest in voicing their opinions on issues of local governance and must be allowed to approve local advisory measures by majority vote; and
WHEREAS, The provisions of this measure are not intended to re verse or invalidate provisions of the Constitution in effect before January 1, 2024, including the provisions of Proposition 13 of 1978; and WHEREAS, The purpose of this measure is to do all of the following:
(a) Retain the majority v ote requirement to pass state wide initiati ve statutes and referenda;
(b) Provide that any proposed initiative measure that w ould amend the Constitution to increase the voter approval requirement to pass other state or local measures is effective only if the initiative is approved by the highest vote requirement it imposes on other measures;
(c) Constitutionally authorize local governments to submit questions to voters asking for their opinion on issues of governance; now, therefore, be it
Resolved, That this measure shall be kno wn, and may be cited, as the Protect and Retain the Majority Vote Act; and be it further Resolved by the Assembly, the Senate concurring , That the Le gislature of the State of California at its 2023–24 Re gular Session, commencing on the fifth day of December 2022, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California that the Constitution of the State be amended as follows:
First—That Section 10 of Article II thereof is amended to read:
Sec. 10. (a) An initiative statute or referendum approved by the electors pursuant to Section 10.5 takes effect on the fifth day after the Secretary of State files the statement of the vote for the election at which the measure is voted on, but the measure may pro vide that it becomes operati ve after its effective date. If a referendum petition is filed ag ainst a part of a statute, the remainder of the statute shall not be delayed from going into effect. (b) If provisions of two or more measures approved at the same election conflict, the pro visions of the measure recei ving the highest number of affirmative votes shall prevail.
(c) The Le gislature may amend or repeal a referendum statute. The Legislature may amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without the electors’ approval. (d) Before circulation of an initiati ve or referendum petition for signatures, a cop y shall be submitted to the Attorney General who shall prepare a title and summary of the measure as provided by law. (e) The Legislature shall provide for the manner in which a petition shall be circulated, presented, and certified, and the manner in which a measure shall be submitted to the electors.
Second—That Section 10.5 is added to Article II thereof, to read:
Sec. 10.5. (a) Except as provided in subdivision (b), a statewide initiative statute or referendum is appro ved if a majority of the v otes cast on the measure are in favor.
94 — 2 — Res. Ch. 176
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Communication: ACA 13 Text (ITEM 2 Ballot Initiatives: Taxpayer Protection and Government Accountability Act and ACA 13) (b) Notwithstanding Section 4 of Article XVIII or an y other provision of the Constitution, an initiative measure that includes one or more provisions that amend the Constitution to increase the v oter approval requirement to adopt an y state or local measure is appro ved by the v oters only if the proportion of v otes cast in f avor of the initiati ve measure is equal to or greater than the highest voter approval requirement that the initiative measure would impose for the adoption of any state or local measure. (c) This section applies to all statewide initiative measures submitted to the electors on or after January 1, 2024, including measures that appear on the ballot at the same election at which the measure adding this section is approved by the electors.
Third—That Section 7.8 is added to Article XI thereof, to read:
Sec. 7.8. At any election, pursuant to procedures that the Le gislature shall provide, a local governing body may hold an advisory vote concerning any issue of go vernance for the purpose of allo wing v oters within the jurisdiction to v oice their opinions on the issue. An advisory question is approved only if a majority of the v otes cast on the question are in f avor.
The results of the advisory v ote shall in no manner be controlling on the sponsoring local governing body.
Fourth—The provisions of this measure are se verable. If an y portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this measure is for an y reason held to be in valid by a decision of an y court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this measure. The people of the State of California hereby declare that the y would have adopted this measure and each and every portion, section, subdi vision, paragraph, clause, sentence, phrase, word, and application not declared invalid or unconstitutional without regard to whether an y portion of this measure or application thereof w ould be subsequently declared invalid.
O
94 Res. Ch. 176 — 3 —
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Communication: ACA 13 Text (ITEM 2 Ballot Initiatives: Taxpayer Protection and Government Accountability Act and ACA 13)