HomeMy WebLinkAboutMINUTES - 04282009 - C.50RECOMMENDATION(S):
REFER to the Finance Committee the review of and position recommendation to the Board
of Supervisors for AB 1019 (Beall): Alcoholic Beverages, Surcharge; AB 1082 (Torrico):
Sales and Use Taxes, Domestic Violence Prevention; and ACA 9 (Huffman): Local
Government Bonds, Special Taxes, Voter Approval, as requested by the Legislation
Committee.
FISCAL IMPACT:
No fiscal impact from this action on the County. However, the proposed legislation may
have an impact on County revenues, and as such, is requested to be reviewed and
considered by the Finance Committee.
BACKGROUND:
At its April 6, 2009 meeting, the Legislation Committee requested that AB 1019 (Beall),
AB 1082 (Torrico), and ACA 9 (Huffman) be referred to the Finance Committee for their
review and position recommendation for the Board of Supervisors. Because these bills
could have an impact on County revenues, the Finance Committee is the appropriate
committee to consider them.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/28/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: L. DeLaney, 5-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: April 28, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.50
To:Board of Supervisors
From:Legislation Committee
Date:April 28, 2009
Contra
Costa
County
Subject:REFERRAL TO FINANCE COMMITTEE: AB 1019 (Beall), AB 1082 (Torrico), and ACA 9 (Huffman)
AB 1019 requires wholesalers located
BACKGROUND: (CONT'D)
within the state who distribute alcoholic beverages to pay a surcharge. It establishes the
Alcohol-Related Services Fund to be used for specified programs. It also prevents the use
and abuse of alcoholic beverages and other drugs. This bill will be heard in the Assembly
Health Committee on April 21, 2009.
AB 1082 imposes a tax on the sale of or the storage, use or other consumption of tangible
personal property that is harmful matter at a specified rate. It creates the Domestic
Violence Prevention Fund and the Domestic Abuser Surveillance Fund that requires that
all revenues, less refunds, be transferred to the funds. This bill will also be heard in the
Assembly Health Committee on April 21, 2009.
ACA 9 changes the 2/3 voter-approval requirement for special taxes to, instead, authorize
a city, county, or special district to impose a special tax with the approval of 55% of its
voters voting on the tax. This bill lowers to 55% the voter-approval threshold for a city,
county, or city and county to incur bonded indebtedness, exceeding in one year the
income and revenue provided in that year, that is in the form of general obligation bonds
to fund specified public improvements. It has not been scheduled for a committee hearing
as yet.
ATTACHMENTS
AB 1019 text
AB 1082 text
ACA 9 text
california legislature—2009–10 regular session
ASSEMBLY BILL No. 1019
Introduced by Assembly Member Beall
February 27, 2009
An act to add Section 23335 to the Business and Professions Code,
and to add Division 121 (commencing with Section 151150) to the
Health and Safety Code, relating to taxation, to take effect immediately,
tax levy.
legislative counsel’s digest
AB 1019, as introduced, Beall.Alcoholic beverages: surcharge.
Existing law establishes various health services programs administered
by, among other state agencies, the State Department of Health Care
Services.
This bill would require, wholesalers located within the state who
distribute alcoholic beverages to retailers for consumption in the state,
to pay a $0.10 per drink surcharge, based upon a specified formula, and
would require the State Board of Equalization to administer and collect
this surcharge. The bill would establish the Alcohol-Related Services
Fund, to be administered by the State Department of Health Care
Services, into which moneys from the imposition of the surcharge would
be deposited and would, upon appropriation by the Legislature, require
those moneys to be used by the State Department of Health Care
Services for specified programs, including programs to prevent the use
and abuse of alcoholic beverages and other drugs. This bill would make
findings regarding the impact of alcoholic beverage use upon the state.
This bill would result in a change in state taxes for the purpose of
increasing state revenues within the meaning of Section 3 of Article
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XIII A of the California Constitution, and thus would require for passage
the approval of 2⁄3 of the membership of each house of the Legislature.
This bill would take effect immediately as a tax levy.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
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SECTION 1.The Legislature finds and declares all of the
following:
(a) Alcohol use drains California of approximately thirteen
billion six hundred million dollars ($13,600,000,000) annually in
increased health care costs, higher crime rates, lost productivity,
environmental damage, and injuries from alcohol-related accidents
and abuse.
(b) Alcohol-related accidents are the leading cause of death
among teenagers and the cause of many permanently disabling
injuries.
(c) There is a strong correlation between alcohol and other drug
use.
(d) Meeting the need and demand for alcohol and other drug
treatment and recovery programs is an increasingly expensive
burden on all California taxpayers.
(e) The use of alcohol and other drugs is a major cause of
hospital emergency room and trauma care treatment, and therefore
greatly contributes to the need for emergency medical
air-transportation services.
(f) The use of alcohol and other drugs is closely associated with
mental illness and contributes enormously to the cost of treating
the mentally ill.
(g) The use of alcohol and other drugs is a major factor in the
majority of child and spousal abuse cases, and is frequently
associated with the abuse of the elderly, mentally ill, and mentally
retarded residents of long-term care facilities.
(h) Alcohol use during pregnancy causes approximately 5,000
children to be born in California each year with alcohol-related
birth defects; and other drug use during pregnancy, especially
cocaine, affects thousands of babies born each year.
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(i) Drinking and driving, and driving under the influence of
other drugs, is the major cause of traffic accidents and fatalities in
California each year.
(j) Alcohol and other drug-related crimes are an increasing
burden to law enforcement and the criminal justice system in
California.
(k) While the staggering cost of alcohol abuse is borne by all
Californians, 67 percent of the alcohol sold in California is
consumed by only 11 percent of the population.
(l) An additional levy on alcoholic beverages equivalent to ten
cents ($0.10) per drink is a fair and appropriate way to reduce
alcohol’s staggering burden on all of California’s citizens.
SEC. 2.Section 23335 is added to the Business and Professions
Code, to read:
23335.(a) A ten-cent ($0.10) per drink surcharge is hereby
imposed on all wholesalers located within the state who distribute
alcoholic beverages to retailers for consumption in the state. The
surcharge shall be based on 1.50 ounces of distilled spirits, 12
ounces of beer, and 5 ounces of wine.
(b) All funds paid pursuant to subdivision (a) shall be deposited
in the Alcohol-Related Services Fund established pursuant to
Division 121 (commencing with Section 151150) of the Health
and Safety Code.
(c) (1) The State Board of Equalization shall administer and
collect the surcharge discribed in subdivision (a).
(2) The State Board of Equalization shall be reimbursed for
costs associated with implementing this section pursuant to Section
1901 of the Health and Safety Code.
(3) The State Board of Equalization may implement this section
in a manner consistent with its current operations, to the extent
possible, to allow for administrative efficiency, and may assess
and collect surcharges, to the extent authorized in this section, at
the same time and in the same or similar manner as provided for
in the assessment and collection of taxes under the Alcoholic
Beverage Tax Law (Part 14 (commencing with Section 32001) of
Division 2 of the Revenue and Taxation Code).
(d) Surcharges paid pursuant to this section shall be used solely
to implement this section and Division 121 (commencing with
Section 151150) of the Health and Safety Code.
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AB 1019— 3 —
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SEC. 3.Division 121 (commencing with Section 151150) is
added to the Health and Safety Code, to read:
DIVISION 121.ALCOHOL-RELATED SERVICES FUND
151150.(a) There is hereby established in the State Treasury
the Alcohol-Related Services (ARS) Fund.
(b) Except for reimbursement of the State Board of Equalization
for expenses incured in the administration and collection of the
surcharge imposed by Section 23335 of the Business and
Professions Code, less refunds, shall be deposited in the
Alcohol-Related Services (ARS) Fund.
151151.Moneys in the fund shall, upon appropriation by the
Legislature, be used by the State Department of Health Care
Services to fund the following:
(a) Programs to prevent the use and abuse of alcoholic beverages
and other drugs.
(b) Treatment and recovery services for alcohol and other drug
addictions.
(c) A coordinated statewide program that provides training
assistance, public policy assistance, and public awareness
campaigns to prevent the use and abuse of alcoholic beverages
and other drugs. The public awareness campaigns shall focus on
informing the public, specifically children and young adults, of
the potential health risks of alcohol and other drug use.
(d) Capital expenditures for housing, treatment and recovery
facilities, domestic violence shelters, and homeless and low-income
facilities for persons recovering from alcohol- and other
drug-related problems.
(e) Emergency medical and trauma care treatment services that
are directly related to alcohol use, including emergency, medical,
and trauma care services, up to the time the patient is stabilized,
provided by physicians in general acute care hospitals that provide
basic or comprehensive emergency services.
(f) Prevention, treatment, screening, and care regarding the
health needs of infants, children, and women due to perinatal
alcohol and other drug use.
(g) Programs to increase and improve the enforcement of laws
prohibiting driving under the influence of an alcoholic beverage
or any other drug, or the combined influence of an alcoholic
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beverage and any other drug, and related criminal justice and penal
system costs and services.
(h) Programs to increase and improve the enforcement of
alcohol- and other drug-related laws, and related criminal justice
and penal system costs and services.
SEC. 4.This act provides for a tax levy within the meaning of
Article IV of the Constitution and shall go into immediate effect.
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AB 1019— 5 —
california legislature—2009–10 regular session
ASSEMBLY BILL No. 1082
Introduced by Assembly Member Torrico
February 27, 2009
An act to add Section 139 to the Health and Safety Code, to add
Section 646.95 to the Penal Code, and to add Sections 6051.8 and 6201.7
to the Revenue and Taxation Code, relating to taxation, and making an
appropriation therefor, to take effect immediately, tax levy.
legislative counsel’s digest
AB 1082, as introduced, Torrico.Sales and use taxes: Domestic
Violence Prevention Fund: Domestic Abuser Surveillance Fund.
The Sales and Use Tax Law imposes a tax on the sale of or the storage,
use, or other consumption of tangible personal property in this state at
specified rates.
This bill would, in addition, impose a tax on the sale of or the storage,
use, or other consumption of, tangible personal property that is harmful
matter, as defined, in this state at a rate of ____%. This bill would create
the Domestic Violence Prevention Fund and the Domestic Abuser
Surveillance Fund and would require that all revenues, less refunds,
derived from the tax be transferred to the funds. This bill would
continuously appropriate all of the money in the Domestic Violence
Prevention Fund to the State Department of Health Services for
programs that support survivors of domestic violence and sexual assault
and in The Domestic Abuser Surveillance Fund to the Department of
Corrections and Rehabilitation to fund a tracking system of domestic
abusers and stalkers.
This bill would result in a change in state taxes for the purpose of
increasing state revenues within the meaning of Section 3 of Article
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XIII A of the California Constitution, and thus would require for passage
the approval of 2⁄3 of the membership of each house of the Legislature.
This bill would take effect immediately as a tax levy.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
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SECTION 1.Section 139 is added to the Health and Safety
Code, to read:
139.The Domestic Violence Prevention Fund is hereby
established in the State Treasury. Notwithstanding Section 13340
of the Government Code, all moneys in the fund are hereby
continuously appropriated, without regard to fiscal year, to the
State Department of Health Services for programs that support
survivors of sexual assault, stalking, domestic violence, and rape.
SEC. 2.Section 646.95 is added to the Penal Code, to read:
646.95.The Domestic Abuser Surveillance Fund is hereby
established in the State Treasury. Notwithstanding Section 13340
of the Government Code, all moneys in the fund are hereby
continuously appropriated, without regard to fiscal year, to the
Department of Corrections and Rehabilitation for programs to
monitor an offender who is on parole for domestic violence or
stalking, or sentenced to probation for domestic violence or
stalking, or on a conditional discharge for a violation of an order
of protection, to be placed under an electronic surveillance system
that will both allow peace officers to speak to the offender through
the surveillance device and warn potential victims of the offender’s
presence in a forbidden zone.
SEC. 3.Section 6051.8 is added to the Revenue and Taxation
Code, to read:
6051.8.(a) In addition to any other taxes imposed by this part,
for the privilege of selling tangible personal property that is harmful
matter, as defined by Section 313 of the Penal Code, at retail, a
tax is hereby imposed upon all retailers at the rate of ____-percent
of the gross receipts of any retailer from the sale of all tangible
personal property that is harmful matter sold at retail in this state.
(b) Notwithstanding any other provision of this part, all
revenues, less refunds, derived from the ____ percent tax imposed
pursuant to this section shall be transferred as follows:
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(1) _____ percent to the Domestic Violence Prevention Fund
created by Section 139 of the Health and Safety Code.
(2) ____ percent to the Domestic Abuser Surveillance Fund
created by Section 646.95 of the Penal Code.
SEC. 4.Section 6201.7 is added to the Revenue and Taxation
Code, to read:
6201.7.(a) In addition to the taxes imposed by any other
provision of this part, an excise tax is hereby imposed on the
storage, use, or other consumption in this state of tangible person
property that is harmful matter, as defined by Section 313 of the
Penal Code, purchased from any retailer for storage, use, or other
consumption in this state at the rate of ____ percent of the sales
price of the property.
(b) Notwithstanding any other provision of this part, all
revenues, less refunds, derived from the ____-percent tax imposed
pursuant to this section shall be as follows:
(1) _____ percent to the Domestic Violence Prevention Fund
created by Section 139 of the Health and Safety Code.
(2) ____ percent to the Domestic Abuser Surveillance Fund
created by Section 646.95 of the Penal Code.
SEC. 5.This act provides for a tax levy within the meaning of
Article IV of the Constitution and shall go into immediate effect.
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AB 1082— 3 —
california legislature—2009–10 regular session
Assembly Constitutional Amendment No. 9
Introduced by Assembly Member Huffman
(Coauthors: Assembly Members Portantino,Salas,and Torlakson)
(Coauthor: Senator Hancock)
February 6, 2009
Assembly Constitutional Amendment No. 9—A resolution to propose
to the people of the State of California an amendment to the Constitution
of the State, by amending Sections 1 and 4 of Article XIII A thereof,
by amending Section 2 of Article XIII C thereof, by amending Section
3 of Article XIII D thereof, and by amending Section 18 of Article XVI
thereof, relating to local government finance.
legislative counsel’s digest
ACA 9, as introduced, Huffman. Local government bonds: special
taxes: voter approval.
(1) The California Constitution prohibits the ad valorem tax rate on
real property from exceeding 1% of the full cash value of the property,
subject to certain exceptions.
This measure would create an additional exception to the 1% limit
for a rate imposed by a city, county, or city and county to service bonded
indebtedness, incurred to fund specified public improvements, facilities,
and housing, and related costs, that is approved by 55% of the voters
of the city, county, or city and county, as applicable. This additional
exception would apply only if the proposition approved by the voters
results in bonded indebtedness that includes specified accountability
requirements.
(2) The California Constitution conditions the imposition of a special
tax by a city, county, or special district upon the approval of 2⁄3 of the
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voters of the city, county, or special district voting on that tax, except
that certain school entities may levy an ad valorem property tax for
specified purposes with the approval of 55% of the voters within the
jurisdiction of these entities.
This measure would change the 2⁄3 voter-approval requirement for
special taxes to, instead, authorize a city, county, or special district to
impose a special tax with the approval of 55% of its voters voting on
the tax. This measure would also make technical, nonsubstantive
changes to these provisions.
(3) The California Constitution prohibits a county, city, town,
township, board of education, or school district from incurring any
indebtedness exceeding in one year the income and revenue provided
in that year, without the assent of 2⁄3 of the voters and subject to other
conditions.
This measure would lower to 55% the voter approval threshold for a
city, county, or city and county to incur bonded indebtedness, exceeding
in one year the income and revenue provided in that year, that is in the
form of general obligation bonds to fund specified public improvements.
Vote: 2⁄3. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
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Resolved by the Assembly, the Senate concurring,That the
Legislature of the State of California at its 2009–10 Regular
Session commencing on the first day of December 2008, 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 1 of Article XIII A thereof is amended to
read:
SECTION 1.(a) The maximum amount of any ad valorem
tax on real property shall not exceed One percent (1%) 1 percent
of the full cash value of such that property. The one percent (1%)
1 percent tax to be collected by the counties and apportioned
according to law to the districts within the counties.
(b) The limitation provided for in subdivision (a) shall not apply
to ad valorem taxes or special assessments to pay the interest and
redemption charges on any of the following:
(1) Indebtedness approved by the voters prior to July 1, 1978.
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(2) Bonded indebtedness for the acquisition or improvement of
real property approved on or after July 1, 1978, by two-thirds of
the votes cast by the voters voting on the proposition.
(3) Bonded indebtedness incurred by a school district,
community college district, or county office of education for to
fund the construction, reconstruction, rehabilitation, or replacement
of school facilities, including the furnishing and equipping of
school facilities, or the acquisition or lease of real property for
school facilities, approved by 55 percent of the voters of the district
or county, as appropriate, voting on the proposition on or after the
effective date of the measure adding this paragraph. This paragraph
shall apply only if the proposition approved by the voters and
resulting in the bonded indebtedness includes all of the following
accountability requirements:
(A) A requirement that the proceeds from the sale of the bonds
be used only for the purposes specified in Article XIII A, Section
1(b)(3) this paragraph, and not for any other purpose, including
teacher and administrator salaries and other school operating
expenses.
(B) A list of the specific school facilities projects to be funded
and certification that the school district board, community college
board, or county office of education has evaluated safety, class
size reduction, and information technology needs in developing
that list.
(C) A requirement that the school district board, community
college board, or county office of education conduct an annual,
independent performance audit to ensure that the funds have been
expended only on the specific projects listed.
(D) A requirement that the school district board, community
college board, or county office of education conduct an annual,
independent financial audit of the proceeds from the sale of the
bonds until all of those proceeds have been expended for the school
facilities projects.
(4) (A) Bonded indebtedness, approved by 55 percent of the
voters of the city, county, or city and county, as applicable, voting
on the proposition on or after the effective date of the measure
adding this paragraph, incurred by a city, county, or city and
county to fund any or all of the following:
(i) Construction, reconstruction, rehabilitation, or replacement
of either:
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(I) Public improvements, including, but not limited to,
improvements to transportation infrastructure, streets, highways,
sewer systems, waters systems, wastewater systems, and park and
recreation facilities.
(II) Public safety agency facilities.
(ii) Development of housing affordable to lower and moderate
income households.
(iii) Acquisition or lease of real property for the public
improvements, public safety agency facilities, and housing
described in clauses (i) and (ii) of this subparagraph.
(B) This paragraph shall apply only if the proposition approved
by the voters and resulting in the bonded indebtedness includes
all of the following accountability requirements:
(i) A requirement that the proceeds from the sale of the bonds
be used only for the purposes specified in this paragraph, and not
for any other purpose, including public employee salaries and
other operating expenses of a public improvement, public safety
agency facility, or housing development once completed.
(ii) A list of the specific projects to be funded and certification
that the city council or county board of supervisors has evaluated
the costs of operating the public improvements, public facilities,
or affordable housing.
(iii) A requirement that the city council or county board of
supervisors conduct an annual, independent performance audit to
ensure that the proceeds from the sale of the bonds have been
expended only on the specific projects listed.
(iv) A requirement that the city council or county board of
supervisors conduct an annual, independent financial audit of the
proceeds from the sale of the bonds until all of those proceeds
have been expended for the specific projects to be funded from the
bonds.
(v) A requirement for a public process that solicits a wide range
of public comment from the community about the types of facilities
that should be funded with the bond.
(c) Notwithstanding any other provisions of law or of this
Constitution, a school districts district, community college districts
district, and county offices office of education, or a city, county,
or city and county may levy a 55 percent vote ad valorem tax
pursuant to subdivision (b).
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Second—That Section 4 of Article XIII A thereof is amended
to read:
Section 4.Cities, Counties and special districts, A city, county,
or special district, by a two-thirds 55 percent vote of the qualified
electors of such district its voters voting on the proposition, may
impose special taxes on such district a special tax within that city,
county, or special district, except an ad valorem taxes tax on real
property or a transaction transactions tax or sales tax on the sale
of real property within such City, County that city, county, or
special district.
Third—That Section 2 of Article XIII C thereof is amended to
read:
SEC. 2.Local Government Tax Limitation. Notwithstanding
any other provision of this Constitution:
(a) All taxes A tax imposed by any local government shall be
deemed to be is either a general taxes tax or a special taxes tax.
Special A special purpose districts district or agencies agency,
including a school districts, shall have district, has no power
authority to levy a general taxes tax.
(b) No A local government may shall not impose, extend, or
increase any general tax unless and until that tax is submitted to
the electorate and approved by a majority vote of its voters voting
on the proposition. A general tax shall is 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) Any general tax imposed, extended, or increased, without
voter approval, by any local government on or after January 1,
1995, and prior to the effective date of this article, shall may
continue to be imposed only if that general tax is approved by a
majority vote of the voters voting in an election on the issue of the
imposition, which election shall be is held within two years of the
effective date of this article no later than November 6, 1998, and
in compliance with subdivision (b).
(d) No A local government may shall not impose, extend, or
increase any special tax unless and until that tax is submitted to
the electorate and approved by a two-thirds 55 percent vote of its
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voters voting on the proposition. A special tax shall is not be
deemed to have been increased if it is imposed at a rate not higher
than the maximum rate so approved.
Fourth—That Section 3 of Article XIII D thereof is amended
to read:
SEC. 3.Property Taxes, Assessments, Fees and Charges
Limited. (a) No (a) An agency shall not assess a tax, assessment,
fee, or charge shall be assessed by any agency upon any parcel of
property or upon any person as an incident of property ownership
except:
(1) The ad valorem property tax imposed pursuant to Article
XIII and Article XIII A.
(2) Any special tax receiving a two-thirds vote pursuant to
Section 4 of Article XIII A approved by the voters of the city,
county, or city and county, as appropriate, voting on the
proposition, as required by the California Constitution.
(3) Assessments as provided by this article.
(4) Fees or charges for property related property-related services
as provided by this article.
(b) For purposes of this article, fees for the provision of electrical
or gas service shall are not be deemed charges or fees imposed as
an incident of property ownership.
Fifth—That Section 18 of Article XVI thereof is amended to
read:
SEC. 18.(a) No county, city, town, township, board of
education, or school district, shall incur any indebtedness or
liability in any manner or for any purpose exceeding in any year
the income and revenue provided for such that year, without the
assent of two-thirds of the voters of the public entity voting at an
election to be held for that purpose, except that with respect to any
such public entity which that is authorized to incur indebtedness
for public school purposes, any proposition for the incurrence of
indebtedness in the form of general obligation bonds for the
purpose of repairing, reconstructing, or replacing public school
buildings determined, in the manner prescribed by law, to be
structurally unsafe for school use, shall be adopted upon the
approval of a majority of the voters of the public entity voting on
the proposition at such that election; nor unless before or at the
time of incurring such the indebtedness, provision shall be made
for the collection of an annual tax sufficient to pay the interest on
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such the indebtedness as it falls due, and to provide for a sinking
fund for the payment of the principal thereof, on or before maturity,
which shall not exceed forty years from the time of contracting
the indebtedness.
(b) Notwithstanding subdivision (a), on or after the effective
date of the measure adding this subdivision November 8, 2000, in
the case of any school district, community college district, or
county office of education, any proposition for the incurrence of
indebtedness in the form of general obligation bonds for the
construction, reconstruction, rehabilitation, or replacement of
school facilities, including the furnishing and equipping of school
facilities, or the acquisition or lease of real property for school
facilities, shall be adopted upon the approval of 55 percent of the
voters of the district or county, as appropriate, voting on the
proposition at an election. This subdivision shall apply only to a
proposition for the incurrence of indebtedness in the form of
general obligation bonds for the purposes specified in this
subdivision if the proposition meets all of the accountability
requirements of paragraph (3) of subdivision (b) of Section 1 of
Article XIII A.
(c) Notwithstanding subdivision (a), on or after the effective
date of the measure adding this subdivision, in the case of any city,
county, or city and county, any proposition to incur indebtedness
in the form of general obligation bonds shall be adopted by 55
percent of the voters of the city, county, or city and county, as
applicable, voting on the proposition at an election, where the
general obligation bonds fund any or all of the following:
(1) Construction, reconstruction, rehabilitation, or replacement
of either:
(A) Public improvements, including, but not limited to,
improvements to transportation infrastructures, streets, highways,
sewer systems, waters systems, wastewater systems, and park and
recreation facilities.
(B) Public safety agency facilities.
(2) Development of housing affordable to lower and moderate
income households.
(3) Acquisition or lease of real property for the public
improvements, public safety agency facilities, and housing
described in paragraphs (1) and (2) of this subdivision.
(c)
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(d) When two or more propositions for incurring any
indebtedness or liability are submitted at the same election, the
votes cast for and against each proposition shall be counted
separately, and when two-thirds or a majority or 55 percent of the
voters, as the case may be, voting on any one of those propositions,
vote in favor thereof, the proposition shall be deemed adopted.
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