SB 371: School districts: special taxes.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-07-13
Existing law authorizes school districts to impose qualified special taxes, subject to specified constitutional and statutory provisions. Existing law defines qualified special taxes as taxes that apply uniformly to all taxpayers or all real property within a school district and may include taxes that provide for an exemption from those taxes for persons who are 65 years of age or older, for persons receiving Supplemental Security Income for a disability, or for persons receiving Social Security Disability Insurance benefits, as specified.
This bill would clarify that the authorization for an exemption from the qualified special taxes applies to any or all of the categories of persons described above. This bill would provide that this change is declaratory of existing law.
Existing law authorizes school districts to impose qualified special taxes, subject to specified constitutional and statutory provisions. Existing law defines qualified special taxes as taxes that apply uniformly to all taxpayers or all real property within a school district and may include taxes that provide for an exemption from those taxes for persons who are 65 years of age or older, for persons receiving Supplemental Security Income for a disability, or for persons receiving Social Security Disability Insurance benefits, as specified.
This bill would clarify that the authorization for an exemption from the qualified special taxes applies to any or all of the categories of persons described above. This bill would provide that this change is declaratory of existing law.
Existing law authorizes school districts to impose qualified special taxes, subject to specified constitutional and statutory provisions. Existing law defines qualified special taxes as taxes that apply uniformly to all taxpayers or all real property within a school district and may include taxes that provide for an exemption from those taxes for persons who are 65 years of age or older, for persons receiving Supplemental Security Income for a disability, or for persons receiving Social Security Disability Insurance benefits, as specified.
This bill would clarify that the authorization for an exemption from the qualified special taxes applies to any or all of the categories of persons described above. This bill would provide that this change is declaratory of existing law.
(1)Existing law, the San Francisco Bay Restoration Authority Act, until January 1, 2029, establishes the San Francisco Bay Restoration Authority to raise and allocate resources for the restoration, enhancement, protection, and enjoyment of wetlands and wildlife habitat in the San Francisco Bay and along its shoreline. The act establishes a governing board of the authority composed of specified members, including a member who is a resident of the San Francisco Bay area who serves as the chair. The act grants to the board all powers that are necessary to carry out the act, including, among other things, the power to levy specified benefit assessments, special taxes, and fees, and to issue revenue bonds. However, the act limits the total amount of indebtedness incurred pursuant to those provisions authorizing the issuance of revenue bonds from exceeding 10% of the authoritys total revenues in the preceding fiscal year. Existing law generally requires a district to reimburse the county elections official for the actual costs incurred in conducting an election for the district. However, the act authorizes, until January 1, 2017, the authority to reimburse only the incremental costs, as defined, that are incurred by the county elections officials related to submitting a special tax measure to the voters.
This bill would delete the requirement that one member of the board, and the chair, be a resident of the San Francisco Bay area and would instead require that the member be an elected official of a bayside city or county. The bill would also delete the above-described 10% limit on the authoritys total amount of bonded indebtedness, and would extend to January 1, 2019, the provision authorizing the authority to reimburse county elections officials for only the incremental costs of submitting a special tax measure to the voters. The bill would also extend to January 1, 2041, the repeal date for the act, and would make related conforming changes. By imposing additional duties on local government officials with regard to implementation of the act, the bill would impose a state-mandated local program.
(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law, the San Francisco Bay Restoration Authority Act, until January 1, 2029, establishes the San Francisco Bay Restoration Authority to raise and allocate resources for the restoration, enhancement, protection, and enjoyment of wetlands and wildlife habitat in the San Francisco Bay and along its shoreline. The act establishes a governing board of the authority composed of specified members, including a member who is a resident of the San Francisco Bay area who serves as the chair. The act grants to the board all powers that are necessary to carry out the act, including, among other things, the power to levy specified benefit assessments, special taxes, and fees, and to issue revenue bonds. However, the act limits the total amount of indebtedness incurred pursuant to those provisions authorizing the issuance of revenue bonds from exceeding 10% of the authoritys total revenues in the preceding fiscal year. Existing law generally requires a district to reimburse the county elections official for the actual costs incurred in conducting an election for the district. However, the act authorizes, until January 1, 2017, the authority to reimburse only the incremental costs, as defined, that are incurred by the county elections officials related to submitting a special tax measure to the voters.
This bill would delete the requirement that one member of the board, and the chair, be a resident of the San Francisco Bay area and would instead require that the member be an elected official of a bayside city or county. The bill would also delete the above-described 10% limit on the authoritys total amount of bonded indebtedness, and would extend to January 1, 2019, the provision authorizing the authority to reimburse county elections officials for only the incremental costs of submitting a special tax measure to the voters. The bill would also extend to January 1, 2041, the repeal date for the act, and would make related conforming changes. By imposing additional duties on local government officials with regard to implementation of the act, the bill would impose a state-mandated local program.
(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(a)Subject to Section 4 of Article XIIIA of the California Constitution, any school district may impose qualified special taxes within the district pursuant to the procedures established in Article 3.5 (commencing with Section 50075) and any other applicable procedures provided by law.
(b)(1)As used in this section, qualified special taxes means special taxes that apply uniformly to all taxpayers or all real property within the school district, except that qualified special taxes may include taxes that provide for an exemption from those taxes for any or all of the following taxpayers:
(A)Persons who are 65 years of age or older.
(B)Persons receiving Supplemental Security Income for a disability, regardless of age.
(C)Persons receiving Social Security Disability Insurance benefits, regardless of age, whose yearly income does not exceed 250 percent of the 2012 federal poverty guidelines issued by the United States Department of Health and Human Services.
(2)Qualified special taxes do not include special taxes imposed on a particular class of property or taxpayers.
(c)The amendments made to this section by the act adding this subdivision are declaratory of existing law.
(a)Subject to Section 4 of Article XIIIA of the California Constitution, any school district may impose qualified special taxes within the district pursuant to the procedures established in Article 3.5 (commencing with Section 50075) and any other applicable procedures provided by law.
(b)(1)As used in this section, qualified special taxes means special taxes that apply uniformly to all taxpayers or all real property within the school district, except that qualified special taxes may include taxes that provide for an exemption from those taxes for any or all of the following taxpayers:
(A)Persons who are 65 years of age or older.
(B)Persons receiving Supplemental Security Income for a disability, regardless of age.
(C)Persons receiving Social Security Disability Insurance benefits, regardless of age, whose yearly income does not exceed 250 percent of the 2012 federal poverty guidelines issued by the United States Department of Health and Human Services.
(2)Qualified special taxes do not include special taxes imposed on a particular class of property or taxpayers.
(c)The amendments made to this section by the act adding this subdivision are declaratory of existing law.
(a)Subject to Section 4 of Article XIIIA of the California Constitution, any school district may impose qualified special taxes within the district pursuant to the procedures established in Article 3.5 (commencing with Section 50075) and any other applicable procedures provided by law.
(b)(1)As used in this section, qualified special taxes means special taxes that apply uniformly to all taxpayers or all real property within the school district, except that qualified special taxes may include taxes that provide for an exemption from those taxes for any or all of the following taxpayers:
(A)Persons who are 65 years of age or older.
(B)Persons receiving Supplemental Security Income for a disability, regardless of age.
(C)Persons receiving Social Security Disability Insurance benefits, regardless of age, whose yearly income does not exceed 250 percent of the 2012 federal poverty guidelines issued by the United States Department of Health and Human Services.
(2)Qualified special taxes do not include special taxes imposed on a particular class of property or taxpayers.
(c)The amendments made to this section by the act adding this subdivision are declaratory of existing law.
SECTION 1.Section 66703 of the Government Code is amended to read:66703.(a)The authority shall be governed by a board composed of seven voting members, as follows:
(1)One member shall be an elected official of a bayside city or county with expertise in the implementation of Chapter 4.5 (commencing with Section 31160) of Division 21 of the Public Resources Code and shall serve as the chair.
(2)One member shall be an elected official of a bayside city or county in the North Bay. For purposes of this subdivision, the North Bay consists of the Counties of Marin, Napa, Solano, and Sonoma.
(3)One member shall be an elected official of a bayside city or county in the East Bay. For purposes of this subdivision, the East Bay consists of Contra Costa County and the portion of Alameda County that is north of the southern boundary of the City of Hayward, excluding the Delta primary zone.
(4)One member shall be an elected official of a bayside city or county in the South Bay. For purposes of this subdivision, the South Bay consists of Santa Clara County, the portion of Alameda County that is south of the southern boundary of the City of Hayward, and the portion of San Mateo County that is south of the northern boundary of Redwood City.
(5)One member shall be an elected official of a bayside city or county in the West Bay. For purposes of this subdivision, the West Bay consists of the City and County of San Francisco and the portion of San Mateo County that is north of the northern boundary of Redwood City.
(6)Two members shall be elected officials of one or more of the following:
(A)A bayside city or county.
(B)A regional park district, regional open-space district, or regional park and open-space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 of the Public Resources Code that owns or operates one or more San Francisco Bay shoreline parcels.
(b)The Association of Bay Area Governments shall appoint the members.
(c)Each member shall serve at the pleasure of his or her appointing authority.
(d)A vacancy shall be filled by the Association of Bay Area Governments within 90 days from the date on which the vacancy occurs.
SEC. 2.Section 66704 of the Government Code is amended to read:66704.The authority has, and may exercise, all powers, expressed or implied, that are necessary to carry out the intent and purposes of this title, including, but not limited to, the power to do all of the following:
(a)(1)Levy a benefit assessment, special tax levied pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5, or property-related fee consistent with the requirements of Articles XIIIC and XIIID of the California Constitution, including, but not limited to, a benefit assessment levied pursuant to paragraph (2), except that a benefit assessment, special tax, or property-related fee shall not be levied pursuant to this subdivision after December 31, 2040.
(2)The authority may levy a benefit assessment pursuant to any of the following:
(A)The Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code).
(B)The Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code).
(C)The Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code).
(D)The Landscaping and Lighting Act of 1972 (Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code), notwithstanding Section 22501 of the Streets and Highways Code.
(E)Any other statutory authorization.
(b)Apply for and receive grants from federal and state agencies.
(c)Solicit and accept gifts, fees, grants, and allocations from public and private entities.
(d)Issue revenue bonds for any of the purposes authorized by this title pursuant to the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5).
(e)Incur bond indebtedness, subject to the following requirements:
(1)The principal and interest of any bond indebtedness incurred pursuant to this subdivision shall be paid and discharged prior to January 1, 2041.
(2)For purposes of incurring bond indebtedness pursuant to this subdivision, the authority shall comply with the requirements of Article 11 (commencing with Section 5790) of Chapter 4 of Division 5 of the Public Resources Code except where those requirements are in conflict with this provision. For purposes of this subdivision, all references in Article 11 (commencing with Section 5790) of Chapter 4 of Division 5 of the Public Resources Code to a board of directors shall mean the board and all references to a district shall mean the authority.
(f)Receive and manage a dedicated revenue source.
(g)Deposit or invest moneys of the authority in banks or financial institutions in the state in accordance with state law.
(h)Sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
(i)Engage counsel and other professional services.
(j)Enter into and perform all necessary contracts.
(k)Enter into joint powers agreements pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1).
(l)Hire staff, define their qualifications and duties, and provide a schedule of compensation for the performance of their duties.
(m)Use interim or temporary staff provided by appropriate state agencies or the Association of Bay Area Governments. A person who performs duties as interim or temporary staff shall not be considered an employee of the authority.
SEC. 3.Section 66704.05 of the Government Code is amended to read:66704.05.(a)If the authority proposes to levy a special tax pursuant to subdivision (a) of Section 66704, the board of supervisors of the county or counties in which the special tax is proposed to be levied shall call a special election on the measure. The special election shall be consolidated with the next regularly scheduled statewide election and the measure shall be submitted to the voters in the appropriate counties, consistent with the requirements of Article XIIIC or XIIID of the California Constitution, as applicable.
(b)The authority is a district, as defined in Section 317 of the Elections Code. Except as otherwise provided in this section, a measure proposed by the authority that requires voter approval shall be submitted to the voters of the authority in accordance with the provisions of the Elections Code applicable to districts, including the provisions of Chapter 4 (commencing with Section 9300) of Division 9 of the Elections Code.
(c)The authority shall file with the board of supervisors of each county in which the measure shall appear on the ballot a resolution of the authority requesting consolidation, and setting forth the exact form of the ballot question, in accordance with Section 10403 of the Elections Code.
(d)The legal counsel for the authority shall prepare an impartial analysis of the measure. The impartial analysis prepared by the legal counsel for the authority shall be subject to review and revision by the county counsel of the county that contains the largest population, as determined by the most recent federal decennial census, among those counties in which the measure will be submitted to the voters.
(e)Each county included in the measure shall use the exact ballot question, impartial analysis, and ballot language provided by the authority. If two or more counties included in the measure are required to prepare a translation of ballot materials into the same language other than English, the county that contains the largest population, as determined by the most recent federal decennial census, among those counties that are required to prepare a translation of ballot materials into the same language other than English shall prepare the translation and that translation shall be used by the other county or counties, as applicable.
(f)Notwithstanding Section 13116 of the Elections Code, if a measure proposed by the authority pursuant to this article is submitted to the voters of the authority in two or more counties, the elections officials of those counties shall mutually agree to use the same letter designation for the measure.
(g)The county clerk of each county shall report the results of the special election to the authority.
(h)(1)Notwithstanding Section 10520 of the Elections Code, for the first election at which the authority proposes a special tax pursuant to subdivision (a) of Section 66704, the authority shall reimburse each county in which the special tax measure appears on the ballot only for the incremental costs incurred by the county elections official related to submitting the measure to the voters.
(2)For purposes of this subdivision, incremental costs include all of the following:
(A)The cost to prepare, review, and revise the impartial analysis of the measure that is required by subdivision (d).
(B)The cost to prepare a translation of ballot materials into a language other than English by any county, as described in subdivision (e).
(C)The additional costs that exceed the costs incurred for other election races or ballot measures, if any, appearing on the same ballot in each county in which the special tax measure appears on the ballot, including both of the following:
(i)The printing and mailing of ballot materials.
(ii)The canvass of the vote regarding the special tax measure pursuant to Division 15 of the Elections Code.
(3)This subdivision is repealed on January 1, 2019.
SEC. 4.Section 66706 of the Government Code is amended to read:66706.This title shall remain in effect only until January 1, 2041, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2041, deletes or extends that date.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)The authority shall be governed by a board composed of seven voting members, as follows:
(1)One member shall be a resident of the San Francisco Bay area an elected official of a bayside city or county with expertise in the implementation of Chapter 4.5 (commencing with Section 31160) of Division 21 of the Public Resources Code and shall serve as the chair.
(2)One member shall be an elected official of a bayside city or county in the North Bay. For purposes of this subdivision, the North Bay consists of the Counties of Marin, Napa, Solano, and Sonoma.
(3)One member shall be an elected official of a bayside city or county in the East Bay. For purposes of this subdivision, the East Bay consists of Contra Costa County and the portion of Alameda County that is north of the southern boundary of the City of Hayward, excluding the Delta primary zone.
(4)One member shall be an elected official of a bayside city or county in the South Bay. For purposes of this subdivision, the South Bay consists of Santa Clara County, the portion of Alameda County that is south of the southern boundary of the City of Hayward, and the portion of San Mateo County that is south of the northern boundary of Redwood City.
(5)One member shall be an elected official of a bayside city or county in the West Bay. For purposes of this subdivision, the West Bay consists of the City and County of San Francisco and the portion of San Mateo County that is north of the northern boundary of Redwood City.
(6)Two members shall be elected officials of one or more of the following:
(A)A bayside city or county.
(B)A regional park district, regional open-space district, or regional park and open-space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 of the Public Resources Code that owns or operates one or more San Francisco Bay shoreline parcels.
(b)The Association of Bay Area Governments shall appoint the members.
(c)Each member shall serve at the pleasure of his or her appointing authority.
(d)A vacancy shall be filled by the Association of Bay Area Governments within 90 days from the date on which the vacancy occurs.
SEC. 2.Section 66704 of the Government Code is amended to read:66704.The authority has, and may exercise, all powers, expressed or implied, that are necessary to carry out the intent and purposes of this title, including, but not limited to, the power to do all of the following:
(a)(1)Levy a benefit assessment, special tax levied pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5, or property-related fee consistent with the requirements of Articles XIIIC and XIIID of the California Constitution, including, but not limited to, a benefit assessment levied pursuant to paragraph (2), except that a benefit assessment, special tax, or property-related fee shall not be levied pursuant to this subdivision after December 31, 2028 2040.
(2)The authority may levy a benefit assessment pursuant to any of the following:
(A)The Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code).
(B)The Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code).
(C)The Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code).
(D)The Landscaping and Lighting Assessment Act of 1972 (Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code), notwithstanding Section 22501 of the Streets and Highways Code.
(E)Any other statutory authorization.
(b)Apply for and receive grants from federal and state agencies.
(c)Solicit and accept gifts, fees, grants, and allocations from public and private entities.
(d)Issue revenue bonds for any of the purposes authorized by this title pursuant to the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5).
(e)Incur bond indebtedness, subject to the following requirements:
(1)The principal and interest of any bond indebtedness incurred pursuant to this subdivision shall be paid and discharged prior to January 1, 2029 2041.
(2)For purposes of incurring bond indebtedness pursuant to this subdivision, the authority shall comply with the requirements of Article 11 (commencing with Section 5790) of Chapter 4 of Division 5 of the Public Resources Code except where those requirements are in conflict with this provision. For purposes of this subdivision, all references in Article 11 (commencing with Section 5790) of Chapter 4 of Division 5 of the Public Resources Code to a board of directors shall mean the board and all references to a district shall mean the authority.
(3)The total amount of indebtedness incurred pursuant to this subdivision outstanding at any one time shall not exceed 10 percent of the authoritys total revenues in the preceding fiscal year.
(f)Receive and manage a dedicated revenue source.
(g)Deposit or invest moneys of the authority in banks or financial institutions in the state in accordance with state law.
(h)Sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
(i)Engage counsel and other professional services.
(j)Enter into and perform all necessary contracts.
(k)Enter into joint powers agreements pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1).
(l)Hire staff, define their qualifications and duties, and provide a schedule of compensation for the performance of their duties.
(m)Use interim or temporary staff provided by appropriate state agencies or the Association of Bay Area Governments. A person who performs duties as interim or temporary staff shall not be considered an employee of the authority.
SEC. 3.Section 66704.05 of the Government Code is amended to read:66704.05.(a)If the authority proposes to levy a special tax pursuant to subdivision (a) of Section 66704, the board of supervisors of the county or counties in which the special tax is proposed to be levied shall call a special election on the measure. The special election shall be consolidated with the next regularly scheduled statewide election and the measure shall be submitted to the voters in the appropriate counties, consistent with the requirements of Article XIIIC or XIIID of the California Constitution, as applicable.
(b)The authority is a district, as defined in Section 317 of the Elections Code. Except as otherwise provided in this section, a measure proposed by the authority that requires voter approval shall be submitted to the voters of the authority in accordance with the provisions of the Elections Code applicable to districts, including the provisions of Chapter 4 (commencing with Section 9300) of Division 9 of the Elections Code.
(c)The authority shall file with the board of supervisors of each county in which the measure shall appear on the ballot a resolution of the authority requesting consolidation, and setting forth the exact form of the ballot question, in accordance with Section 10403 of the Elections Code.
(d)The legal counsel for the authority shall prepare an impartial analysis of the measure. The impartial analysis prepared by the legal counsel for the authority shall be subject to review and revision by the county counsel of the county that contains the largest population, as determined by the most recent federal decennial census, among those counties in which the measure will be submitted to the voters.
(e)Each county included in the measure shall use the exact ballot question, impartial analysis, and ballot language provided by the authority. If two or more counties included in the measure are required to prepare a translation of ballot materials into the same language other than English, the county that contains the largest population, as determined by the most recent federal decennial census, among those counties that are required to prepare a translation of ballot materials into the same language other than English shall prepare the translation and that translation shall be used by the other county or counties, as applicable.
(f)Notwithstanding Section 13116 of the Elections Code, if a measure proposed by the authority pursuant to this article is submitted to the voters of the authority in two or more counties, the elections officials of those counties shall mutually agree to use the same letter designation for the measure.
(g)The county clerk of each county shall report the results of the special election to the authority.
(h)(1)Notwithstanding Section 10520 of the Elections Code, for the first election at which the authority proposes a special tax pursuant to subdivision (a) of Section 66704, the authority shall reimburse each county in which the special tax measure appears on the ballot only for the incremental costs incurred by the county elections official related to submitting the measure to the voters.
(2)For purposes of this subdivision, incremental costs include all of the following:
(A)The cost to prepare, review, and revise the impartial analysis of the measure that is required by subdivision (d).
(B)The cost to prepare a translation of ballot materials into a language other than English by any county, as described in subdivision (e).
(C)The additional costs that exceed the costs incurred for other election races or ballot measures, if any, appearing on the same ballot in each county in which the special tax measure appears on the ballot, including both of the following:
(i)The printing and mailing of ballot materials.
(ii)The canvass of the vote regarding the special tax measure pursuant to Division 15 of the Elections Code.
(3)This subdivision is repealed on January 1, 2017 2019.
SEC. 4.Section 66706 of the Government Code is amended to read:66706.This title shall remain in effect only until January 1, 2029 2041, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2029 2041, deletes or extends that date.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
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Date
|
Status
|
|---|---|
| May 14, 2015 | Read third time. Passed. (Ayes 30. Noes 3.) Ordered to the Assembly. |
| Jul 13, 2015 | Chaptered by Secretary of State. Chapter 81, Statutes of 2015. |
| Jul 13, 2015 | Approved by the Governor. |
| Jul 1, 2015 | Enrolled and presented to the Governor at 4:45 p.m. |
| Jun 29, 2015 | Read third time. Passed. (Ayes 53. Noes 16. Page 2176.) Ordered to the Senate. |
| Jun 29, 2015 | Read third time. Passed. Ordered to the Senate. |
| Jun 29, 2015 | In Senate. Ordered to engrossing and enrolling. |
| Jun 25, 2015 | Read second time. Ordered to third reading. |
| Jun 24, 2015 | From committee: Do pass. (Ayes 6. Noes 1.) (June 22). |
| May 28, 2015 | Referred to Com. on REV. & TAX. |
| Feb 24, 2015 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| May 14, 2015 | Read third time. Passed. (Ayes 30. Noes 3. Page 996.) Ordered to the Assembly. |
| May 14, 2015 | In Assembly. Read first time. Held at Desk. |
| May 7, 2015 | Read second time. Ordered to third reading. |
| May 6, 2015 | From committee: Do pass. (Ayes 5. Noes 1.) (May 6). |
| May 6, 2015 | From committee: Do pass. (Ayes 5. Noes 1. Page 920.) (May 6). |
| Apr 24, 2015 | Set for hearing May 6. |
| Apr 6, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F. |
| Mar 5, 2015 | Referred to Com. on GOV. & F. |
| Feb 25, 2015 | From printer. May be acted upon on or after March 27. |
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Date
|
Description
|
Location
|
Votes
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|
|---|---|---|---|---|
| Jun 29, 2015 | SB 371 Hancock Senate Third Reading By TING | Assembly Floor |
Passed |
|
| Jun 22, 2015 | Do pass. | Assembly Standing Committee on Revenue and Taxation |
Passed |
|
| May 14, 2015 | Senate 3rd Reading SB371 Hancock | Senate Floor |
Passed |
|
| May 6, 2015 | Do pass | Senate Standing Committee on Governance and Finance |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
|
Date
|
|---|---|---|
| California Taxpayers' Association | ** Against | Jun 29, 2015 |
| Howard Jarvis Taxpayers Association | ** Against | Jun 29, 2015 |
SB 371
Page 3
SENATE THIRD READING
SB 371
(Hancock)
As Amended April 6, 2015
Majority vote
SENATE VOTE: 30-3
Committee |
Votes |
Ayes |
Noes |
Revenue & Taxation |
6-1 |
Ting, Dababneh, Gipson, Roger Hernández, Mullin, Quirk |
Patterson |
SUMMARY: Clarifies that a school district may exempt from special taxes any of the specified categories of individuals and is not required, but may, provide this exemption to all of these persons. Specifically, this bill:
Clarifies that a school district is authorized to exempt from the qualified special taxes any or all of the following persons:
Persons over the age of 65;
Persons receiving Supplemental Security Income (SSI) for a disability; or,
Persons receiving Social Security Disability Insurance (SSDI) benefits whose annual income is less than 250% of 2012 federal poverty guidelines.
States that the proposed clarification is declaratory of existing law.
FISCAL EFFECT: None
COMMENTS:
Author's Statement. The author has provided the following statement in support of this bill:
"Existing law allows school districts and community college districts to impose special taxes (parcel taxes) that apply to taxpayers or real property within the school district. K-12 school districts may exempt persons 65 years of age (or older), persons receiving supplemental security income (SSI) regardless of age, and/or persons receiving Social Security Disability Insurance (SSDI).
"In 2011, SB 874 (Hancock) [Chapter 791, Statutes of 2012] gave school districts the option of exempting property owners receiving SSDI from paying parcel taxes, but in 2015 the Santa Clara County Counsel's office raised an issue with this new exemption. The Santa Clara County Counsel's office interpreted Government Code Section 50079(b)(1) which states, 'all of the following taxpayers,' to mean that an individual must meet all three categories to qualify for a parcel tax exemption. An interpretation that goes against the intention of SB 874.
"SB 371 clarifies that school districts can provide the exemption to 'any or all' of the exempted categories of taxpayers."
"Qualified Special Taxes": Background. In 1978, Proposition 13 limited both the tax rates and assessments, thus significantly reducing property tax revenues. Proposition 13 also eliminated the ability of school districts to levy an incremental ad valorem tax on real property. However, school districts still have limited authority to generate local revenues from qualified special taxes as long as the special tax applies uniformly to all taxpayers (other than persons over the age of 65 or persons receiving SSI or SSDI) and real property within the district. While Proposition 13 did not define the term "special tax", over time the courts have opined that a tax is a "special tax" whenever expenditure of its revenues is limited to specific purposes, i.e. the proceeds of the tax are earmarked or dedicated in some manner to a specific project or projects. In contrast, a tax is a "general tax" only when its revenues are placed into the General Fund and are available for expenditure for any and all governmental purposes. [Bay Area Cellular Telephone Co. v. City of Union City (2008) 162 Cal. App.4th 686; Howard Jarvis Taxpayers Assn. v. City of Roseville (2003) 106 Cal.App.4th 1178.] School districts and special districts are prohibited from imposing general taxes (Proposition 218 of 1996) and thus, by definition, any tax levied by a school district or community school district is considered to be a special tax subject to a two-thirds voter approval. Thus far, school districts have only imposed "qualified special taxes" under Government Code Section 50079 in the form of a parcel tax.
Parcel Taxes. A parcel tax is a flat fee imposed by a city, county, or special district on each parcel, residential as well as commercial, rather than on the assessed value of property located within the local entity's jurisdiction. Because the same dollar amount of tax is assessed on each parcel of property, whether the parcel is one acre or 100 acres, parcel taxes are generally regressive, which means owners of smaller parcels of land pay a larger percentage of tax as compared to owners of larger parcels of land. Some districts levy a rate at a fixed amount per square foot of taxable land, and many include an annual inflation adjustment. Parcel taxes are flexible ways of raising revenues at the local level, but are subject to certain requirements. Existing law does not prescribe a maximum rate of tax nor does it limit the period within which the qualified special tax may be imposed. Therefore, the rate of tax varies significantly among different school districts. Existing law does not limit how the special tax proceeds may be spent and, therefore, a local school board can specify in the ballot measure how the funds will be used. Generally, local parcel taxes provide secure funding for teacher salaries; books; materials and supplies; computers; and art, music and sports programs.
The Current Exemption: What is the Problem? School districts and community college districts are currently authorized to exempt from qualified special taxes persons over the age of 65, persons receiving SSI for a disability, regardless of age, and persons receiving SSDI, with a specified maximum annual income. The exemption is permissive rather than mandatory, which allows the school district to consider the need for, and impact of, an exemption from special taxes imposed.
The original exemption enacted in 1988 was limited in its scope to senior citizens over the age of 65. In 2006, the Legislature expanded the exemption to include persons receiving SSI, regardless of age, and clearly allowed school districts to exempt either persons over the age of 65 or persons receiving SSI. In 2012, the Legislature added one more category to the exemption list of persons - namely persons receiving SSDI, with a specified annual income (SB 874 (Hancock), Chapter 791, Statutes 2012). However, as SB 874 was going through the legislative process, a drafting error occurred and the word "or" was replaced with the phrase "all of the following." As a result, some interpret the statute to require a school district to exempt either none or all three categories of individuals eligible for the exemption. This bill would clarify that this interpretation is incorrect and, thus, a school district may exempt any or all of the individuals currently eligible for the exemption from the qualified special tax.
Analysis Prepared by: Oksana Jaffe / REV. & TAX. / (916) 319-2098 FN: 0001072
SB 371
Page 4
Date of Hearing: June 22, 2015
ASSEMBLY COMMITTEE ON REVENUE AND TAXATION
Philip Ting, Chair
SB 371
(Hancock) – As Amended April 6, 2015
Majority vote. Non-fiscal.
SENATE VOTE: 30-3
SUBJECT: School districts: special taxes.
SUMMARY: Clarifies that a school district may exempt from special taxes any of the specified categories of persons and is not required, but may, provide this exemption to all of these persons. Specifically, this bill:
Clarifies that a school district is authorized to exempt from the qualified special taxes any or all of the following persons:
Persons over the age of 65;
Persons receiving Social Security Insurance (SSI) for a disability; or,
Persons receiving Social Security Disability Insurance (SSDI) benefits whose annual income is less than 250% of 2012 federal poverty guidelines.
States that the proposed clarification is declaratory of existing law.
EXISTING STATE LAW:
Authorizes school districts to impose qualified special taxes, in accordance with specified procedures, including the approval of two-thirds of the voters in the district.
Provides that "qualified special taxes" must apply uniformly to all taxpayers or all real property within the school district and do not include special taxes imposed on a particular class of property or taxpayers.
Authorizes a school district to exempt from a "qualified special tax" a person 65 years of age or older, persons receving SSI for a disability, regardless of age, and persons receving SSDI benefits with the yearly income not exceeding 250% of the 2012 federal poverty guidelines, as specified.
FISCAL EFFECT: None.
COMMENTS:
Author's Statement. The author has provided the following statement in support of this bill:
"Existing law allows school districts and community college districts to impose special taxes (parcel taxes) that apply to taxpayers or real property within the school district. K-12 school districts may exempt persons 65 years of age (or older), persons receiving supplemental security income (SSI) regardless of age, and/or persons receiving Social Security Disability Insurance (SSDI).'
"In 2011, SB 874 (Hancock) gave school districts the option of exempting property owners receiving SSDI from paying parcel taxes, but in 2015 the Santa Clara County Counsel's office raised an issue with this new exemption. The Santa Clara County Counsel's office interpreted Government Code Section 50079(b)(1) which states, "all of the following taxpayers," to mean that an individual must meet all three categories to qualify for a parcel tax exemption. An interpretation that goes against the intention of SB 874.'
"SB 371 clarifies that school districts can provide the exemption to "any or all" of the exempted categories of taxpayers."Arguments in Opposition. The opponents state that this bill would broaden the current tax exemption "to include individuals on SSDI." They argue that the "goal of this expansion is not to assist the disabled" and that "it is flawed public policy to deceive voters by encouraging them to vote for taxes under the premise that they may not have to pay them." The opponents believe that this bill would "deviate from the constitutional property tax standard of uniformity" by allowing school districts "to exempt from parcel taxes seniors or disabled rather than exempting both of them." They assert that, to "promote uniformity, no exemptions should be allowed for the parcel tax", but if a "school district…desires to allow exemptions, sound tax policy must be strictly adhered to and uniformity should prevail."
"Qualified Special Taxes": Background. In 1978, Proposition 13 limited both the tax rates and assessments, thus significantly reducing property tax revenues. Proposition 13 also eliminated the ability of school districts to levy an incremental ad valorem tax on real property. However, school districts still have limited authority to generate local revenues from qualified special taxes as long as the special tax applies uniformly to all taxpayers (other than persons over the age of 65 or persons receiving SSI or SSDI) and real property within the district. While Proposition 13 did not define the term "special tax", over time the courts have opined that a tax is a "special tax" whenever expenditure of its revenues is limited to specific purposes, i.e. the proceeds of the tax are earmarked or dedicated in some manner to a specific project or projects. In contrast, a tax is a "general tax" only when its revenues are placed into the General Fund and are available for expenditure for any and all governmental purposes. [Bay Area Cellular Telephone Co. v. City of Union City (2008) 162 Cal. App.4th 686; Howard Jarvis Taxpayers Assn. v. City of Roseville (2003) 106 Cal.App.4th 1178.] School districts and special districts are prohibited from imposing general taxes (Proposition 218) and thus, by definition, any tax levied by a school district or community school district is considered to be a special tax subject to a two-thirds voter approval. Thus far, school districts have only imposed "qualified special taxes" under Government Code Section 50079 in the form of a parcel tax.
Parcel Taxes. A parcel tax is a flat fee imposed by a city, county, or special district on each parcel, residential as well as commercial, rather than on the assessed value of property located within the local entity's jurisdiction. Because the same dollar amount of tax is assessed on each parcel of property, whether the parcel is one acre or 100 acres, parcel taxes are generally regressive, which means owners of smaller parcels of land pay a larger percentage of tax as compared to owners of larger parcels of land. Some districts levy a rate at a fixed amount per square foot of taxable land, and many include an annual inflation adjustment. Parcel taxes are flexible ways of raising revenues at the local level, but are subject to certain requirements. Existing law does not prescribe a maximum rate of tax nor does it limit the period within which the qualified special tax may be imposed. Therefore, the rate of tax varies significantly among different school districts. Existing law does not limit how the special tax proceeds may be spent and, therefore, a local school board can specify in the ballot measure how the funds will be used. Generally, local parcel taxes provide secure funding for teacher salaries; books; materials and supplies; computers; and art, music and sports programs.
The Current Exemption: What is the Problem? School districts and community college districts are currently authorized to exempt from qualified special taxes persons over the age of 65, persons receiving SSI for a disability, regardless of age, and persons receiving SSDI, with a specified maximum annual income. The exemption is permissive rather than mandatory, which allows the school district to consider the need for, and impact of, an exemption from special taxes imposed.
The original exemption enacted in 1988 was limited in its scope to senior citizens over the age of 65. In 2006, the Legislature expanded the exemption to include persons receiving SSI, regardless of age, and clearly allowed school districts to exempt either persons over the age of 65 or persons receiving SSI. In 2012, the Legislature added one more category to the exemption list of persons, namely persons receiving SSDI, with a specified annual income [Chapter 791, Statutes 2012, SB 874 (Hancock)]. However, as SB 874 was going through the legislative process, a drafting error occurred and the word "or" was replaced with the phrase "all of the following." As a result, some interpret the statute to require school district to exempt either none or all three categories of individuals eligible for the exemption. AB 371 would clarify that this interpretation is incorrect and, thus, a school district may exempt any or all of the individuals currently eligible for the exemption from the qualified special tax.Related Legislation.
SB 874 (Hancock), Chapter 791, Statutes of 2012, authorized school districts and community college districts to exempt from "qualified special taxes" persons receiving SSDI whose annual income is less than 250% of 2012 federal poverty guidelines.
AB 385 (Lieber), Chapter 41, Statutes of 2006, authorized school districts to exempt SSI recipients, regardless of age, from qualified special taxes.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
Howard Jarvis Taxpayers Association
California Taxpayers Association
Analysis Prepared by: Oksana Jaffe / REV. & TAX. / (916) 319-2098
SB 371
Page 3
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 371
Amended: 4/6/15
SENATE GOVERNANCE & FIN. COMMITTEE: 5-1, 5/6/15
AYES: Hertzberg, Beall, Hernandez, Lara, Pavley
NOES: Moorlach
NO VOTE RECORDED: Nguyen
SUBJECT: School districts: special taxes
DIGEST: This bill clarifies that school districts can exempt any, not all, of three sets of persons from its parcel tax.
Existing law:
Requires 2/3 voter approval when a local agency wants to impose or increase a special tax (Section XIIIA of the California Constitution, as added by Proposition 13, 1978).
Requires the Legislature to grant specific taxing power to local agencies to impose taxes (Proposition 62, 1986).
Allows school and community college districts to impose qualified special taxes that applied uniformly, to all taxpayers or real property within the district (AB 1440, Hannigan, Chapter 100, Statutes of 1987).
Permits school districts to exempt from the tax “all of the following” persons:
Over the age of 65 years (AB 1440, Hannigan, 1987).
Receiving Supplemental Security Income (SSI) regardless of age (AB 385, Lieber, Chapter 41, Statutes of 2006).
Receiving Social Security Disability Insurance (SSDI), whose yearly income was less than 250% of 2012 federal poverty guidelines (SB 874, Hancock, Chapter 791, Statutes of 2012).
This bill:
Provides that school districts can exempt “any or all,” not “all,” of the above persons from the parcel tax.
States that its provisions are declaratory of existing law.
Comments
During the consideration of SB 874 (Hancock, 2012), a drafting mistake deleted the word “or” and instead inserted the words “all of the following.” The bill was subsequently enacted. As a result, some school districts think the statute requires them to either exempt all three categories (individuals over 65, SSI recipients, and SSDI recipients), or exempt no one at all. SB 371 corrects this error, and deems the change declaratory of existing law.
AB 1440 (Hannigan, 1987) allowed school districts to impose qualified special taxes, commonly known as parcel taxes. Parcel taxes are not ad valorem or assessed based on the value of a property like property taxes; instead they are generally a flat rate assessed per parcel regardless of its size, or per square foot of a parcel or its improvements. Also used by cities and special districts, local agencies can use revenues in almost any way that serves local needs, such as ongoing expenses, programs, or buildings. Counties collect parcel taxes with property taxes, and then remit funds to the agency imposing the tax. Property tax law generally guides parcel tax collection.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
None received
Howard Jarvis Taxpayers Association
ARGUMENTS IN SUPPORT: According to the author, “Existing law allows school districts and community college districts to impose special taxes (parcel taxes) that apply to taxpayers or real property within the school district. K-12 school districts may exempt persons 65 years of age and older persons who receive supplemental security income (SSI) regardless of age from paying these taxes and/or persons who receive Social Security Disability Insurance (SSDI). In 2011, SB 874 (Hancock) gave school districts the option of exempting property owners who receive SSDI, but in 2015 the Santa Clara County Counsel’s office raised an issue with this new exemption. The County Counsel’s office interpreted Government Code Section 50079 (b) (1) which states, “all of the following taxpayers,” to mean that a parcel tax must either have no exemptions or must meet all three exemptions, an interpretation that goes against the intention of SB 874. SB 371 simply clarifies that school districts can provide the exemption to any or all of exempted categories of tax payers.”
ARGUMENTS IN OPPOSITION: Taxpayer groups argue that it is flawed public policy to deceive voters by encouraging them to vote for taxes under the premise that they may not have to pay them. Additionally, many districts require exempt taxpayers to opt out of the tax each year, instead of on a one-time basis for the duration the tax is effective, which imposes a burden on the taxpayer, and can cause confusion for taxpayers who voted for a tax thinking that they were permanently exempt from it. Without a one-time permanent exemption process, any exemption expansion may be unwarranted.
Prepared by: Colin Grinnell / GOV. & F. / (916) 651-4119
5/8/15 15:09:20
**** END ****
SB 371 (Hancock) 4/6/15 Page 3 of 3
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Robert M. Hertzberg, Chair
2015 - 2016 Regular
Bill No: |
SB 371 |
Hearing Date: |
5/6/15 |
Author: |
Hancock |
Tax Levy: |
No |
Version: |
4/6/15 |
Fiscal: |
No |
Consultant: |
Grinnell |
||
SCHOOL DISTRICTS: SPECIAL TAXES
Clarifies that school districts can exempt any, not all, of three sets of persons from its parcel tax.
Background and Existing Law
The California Constitution requires 2/3 voter approval when a local agency wants to impose or increase a special tax (Proposition 13, 1978). However, the Legislature must authorize school or special districts to impose taxes because these agencies have no plenary taxing powers. Responding to Proposition 13’s reduction in local revenue, the Legislature generally authorized all local agencies to impose special taxes with 2/3 voter approval (SB 785, Foran, 1979), but voters subsequently approved an initiative requiring the Legislature to grant specific taxing power to local agencies to impose taxes (Proposition 62, 1986).
One common form of local tax is the parcel tax, which can be imposed by cities, counties, or special districts. Parcel taxes are not ad valorem or assessed based on the value of a property like property taxes; instead they are generally a flat rate assessed per parcel regardless of its size, or per square foot of a parcel or its improvements. Agencies can use revenues in almost any way that serves local needs, such as ongoing expenses, programs, or buildings. Counties collect parcel taxes with property taxes, and then remit funds to the agency imposing the tax. Property tax law generally guides parcel tax collection.
Prior to Proposition 62, school districts imposed parcel taxes to fund education; however, the initiative prompted school districts to seek specific legislative authorization to ratify the existing taxes, and clarify the authority to impose new ones. The Legislature allowed school and community college districts to impose qualified special taxes that applied uniformly, to all taxpayers or real property within the district, and allowed districts to exempt persons over the age of 65 from the tax (AB 1440, Hannigan, 1988). In 1991, the Legislature additionally allowed 15 types of local agencies to impose similar taxes; however, the measure allowed local agencies to tax unimproved property at a lower rate than improved property, and contained no other exemptions (SB 158, Committee on Local Government, 1991).
In 2006, the Legislature allowed school districts to also exempt persons receiving Supplemental Security Income (SSI) regardless of age (AB 385, Lieber, 2006), and then persons receiving Social Security Disability Insurance (SSDI), whose yearly income was less than 250% of 2012 federal poverty guidelines (SB 874, Hancock, 2012). When the Legislature enacted AB 385, it clearly allowed school districts to exempt persons over the age of 65 or persons receiving SSI for a disability. However, during the consideration of SB 874, a drafting mistake deleted the word “or” and instead inserted the words “all of the following.” The measure was subsequently enacted. As a result, some school districts think the statute requires them to either exempt all three categories (individuals over 65, SSI recipients, and SSDI recipients), or exempt no one at all. The author wants to clarify that school districts can exempt any or all of the groups currently eligible for the exemption from the parcel tax.
Proposed Law
Senate Bill 371 provides that school districts can exempt any or all, and do not have to exempt all, of the following from the parcel tax:
Persons over the age of 65,
Persons receiving SSI for a disability,
Persons receiving SSDI whose yearly income was less than 250% of 2012 federal poverty guidelines.
The measure states that its provisions are declaratory of existing law.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill. According to the author, “Existing law allows school districts and community college districts to impose special taxes (parcel taxes) that apply to taxpayers or real property within the school district. K-12 school districts may exempt persons 65 years of age and older persons who receive supplemental security income (SSI) regardless of age from paying these taxes and/or persons who receive Social Security Disability Insurance (SSDI). In 2011, SB 874 (Hancock) gave school districts the option of exempting property owners who receive SSDI, but in 2015 the Santa Clara County Counsel’s office raised an issue with this new exemption. The County Counsel’s office interpreted Government Code Section 50079 (b) (1) which states, “all of the following taxpayers,” to mean that a parcel tax must either have no exemptions or must meet all three exemptions, an interpretation that goes against the intention of SB 874. SB 371 simply clarifies that school districts can provide the exemption to any or all of exempted categories of tax payers.”
2. Parcel taxes in California. For many years, little aggregate information existed regarding parcel taxes, but a recent report from the Public Policy Institute of California collected a great deal of revealing data regarding the way in which local agencies use parcel taxes. Cities placed 124 parcel tax measures before voters between 2003 and 2012, with 54 receiving the required 2/3 vote, with almost all taxes imposed by cities in the San Francisco Bay Area and Los Angeles County. School districts placed 329 parcel tax measures before voters during the same period, with 60% passing, mostly concentrated in the Bay Area. The report argues that the higher frequency of parcel taxes in the Bay Area is partly explained by higher income levels. Special districts asked voters to enact parcel taxes 238 times from 2003 to 2012, with 3 out of 4 winning. PPIC argues that the use of the parcel tax is growing, and that it has many advantages over other taxes: it has no deadweight loss, and assigns taxes in line with benefits. However, PPIC cautions that the tax has a major shortcoming in that many large parcels have little value, and are limited in their capacity to support a parcel tax.
3. What’s the difference? The Social Security Administration (SSA) administers both the SSI and SSDI programs. SSI is a federal income supplement program paid out of general federal revenues for persons aged, blind, disabled, and of limited income. SSDI is funded from federal payroll taxes and provides benefits to disabled persons because their disability serves as a barrier to employment, but unlike SSI, eligibility is not restricted by an individual’s income, instead based on the nature of the disability. While SSDI recipients may be economically better off than SSI recipients, their disability can inhibit their ability to generate income.
4. Uniform. In 2013, George Borikas successfully challenged Alameda Unified School District’s Measure H, which imposed a variable rate parcel tax. The Fourth District Appellate Court determined that Alameda’s tax didn’t meet the statute’s uniformity requirement, because the school district statute didn’t also contain the language in SB 158 allowing for a lower rate on unimproved property (Borikas v. Alameda Unified School District, 214 Cal. App. 4th 135). Last year, the Committee approved a measure that would have partially addressed the case; however, the measure died in the Assembly Revenue and Taxation Committee (SB 1021, Wolk, 2014).
Support and Opposition
Support: Unknown.
Opposition: Howard Jarvis Taxpayers Association.
-- END --
Discussed in Hearing
Assembly Floor
Senate Floor
Senate Standing Committee on Governance and Finance
Bill Author
Bill Co-Author(s):