HomeMy WebLinkAboutMINUTES - 03192013 - C.32RECOMMENDATION(S):
ADOPT a "Support" position on SCA 7 (Wolk)--Public Libraries, as recommended by the Legislation Committee.
FISCAL IMPACT:
No impact to the County's General Fund.
BACKGROUND:
At its February 25, 2013 meeting, the Legislation Committee considered SCA 7 (Wolk)--Public Libraries, and voted
to recommend a position of "Support" to the Board of Supervisors.
Senator Lois Wolk (D-Davis) introduced SCA 7 (attachment A), a constitutional measure which seeks to reduce the
local vote threshold for local special taxes and construction bonds from the current two-thirds vote to 55% for the
purpose of funding libraries. The local special taxes would be dedicated to the funding of local library operations and
the bonds would allow for the renovation, rehabilitation, or new construction of library facilities.
Currently, general tax measures that may be used to fund any type of local services from police and fire to parks and
streets require only a simple majority, 50 percent plus one, vote to pass. Special taxes, which are dedicated only to
specified uses, like libraries, require two-thirds voter approval. SCA 7 would need to receive a 2/3rds vote in each
house of the legislature before it could be placed on the November 2014 statewide ballot, where it would need to be
passed by a majority of the statewide electorate.
SCA 7 would lower the voter threshold to 55 percent for bonds and special taxes, similar to bonds for K-12 schools,
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 03/19/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Contact: L. DeLaney, 925-335-1097
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: March 19, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.32
To:Board of Supervisors
From:Legislation Committee
Date:March 19, 2013
Contra
Costa
County
Subject:Support Position for SCA (Wolk)--Public Libraries
for the purposes of building and operating local public libraries. The bill contains important safeguards in order to
provide for strong accountability. All of the following conditions must be met by the city, county, city and county or
special district:
First, the proposition must be approved by a majority vote of the membership of the governing board. Second, the
proposition must include the specific purposes and programs that are to be funded and requires that the proceeds be
used only for the purposes and programs specified. Third, certification must be provided to indicate that the city,
county, city and county, or special district has evaluated how the existing facilities fail to meet local needs and how
the newly proposed facility would, in fact, meet those needs. Fourth, the governing board must conduct an annual
independent financial audit of the amount of bond proceeds or special tax proceeds collected, and expended, and the
specified purposes and programs funded. Fifth, in the case of the passage of any special taxes, a citizens’ oversight
committee must be established to review all expenditures of proceeds and financial audits, and report its findings to
the governing board and to the public.
SCA 7, if approved by the voters, would equip local governments with the ability to raise revenue, provide greater
accountability, and ensure communities have access to the valuable services libraries provide.
Libraries provide vital services to the state’s educational system and communities across the state. As public schools
are increasingly cutting library services and even closing all together, citizens rely on public libraries more than ever
before. Children, students, families, and seniors all depend on public libraries for a variety of services from literacy
programs to resources for students. In addition public libraries play a critical role in bridging the digital divide and
connecting people with technology who would otherwise not have access to it.
While demand for library services is growing, many libraries are struggling to meet the needs of their users,
especially in the current economic climate. Many library facilities are old and their technology is inadequate.
Lowering the voter threshold to 55 percent to raise revenue for libraries would give local governments the ability to
keep libraries open and support their communities with the resources they need.
BACKGROUND: (CONT'D)
STATUS:
12/03/2012 INTRODUCED.
02/07/2013 To SENATE Committees on GOVERNANCE AND FINANCE and ELECTIONS AND
CONSTITUTIONAL AMENDMENTS.
02/26/2013 From SENATE Committee on GOVERNANCE AND FINANCE with author's amendments.
02/26/2013 In SENATE. Read second time and amended. Re-referred to Committee on GOVERNANCE AND
FINANCE.
CONSEQUENCE OF NEGATIVE ACTION:
The County will not have an official position on this measure from which to advocate.
CHILDREN'S IMPACT STATEMENT:
None.
ATTACHMENTS
SCA 7 (Wolk) Bill Text
AMENDED IN SENATE FEBRUARY 26, 2013
Senate Constitutional Amendment No. 7
Introduced by Senator Wolk
(Coauthor: Senator Leno)
(Coauthor: Assembly Member Williams)
December 3, 2012
Senate Constitutional Amendment No. 7—A resolution to propose
to the people of the State of California an amendment to the Constitution
of the State, by amending Section Sections 1 and 4 of, and by adding
Section 4.5 to, 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 public
libraries.
legislative counsel’s digest
SCA 7, as amended, Wolk. Local government financing: public
libraries: 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, city and county, or special district
to service bonded indebtedness incurred to fund public library facilities,
that is approved by 55% of the voters of the city, county, city and
county, or special district, as applicable. applicable, if the proposition
meets specified 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
voters of the city, county, or special district voting on that tax, and
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prohibits these entities from imposing an ad valorem tax on real property
or a transactions or sales tax on the sale of real property.
This measure would authorize the imposition, extension, or increase
of a special tax by a city, county, city and county, or special district for
the purpose of funding public libraries, upon the approval of 55% of
its voters voting on the proposition, and if the proposition meets specified
requirements. This measure would also make conforming changes to
related provisions.
(3) The California Constitution prohibits specified local government
agencies from incurring any indebtedness exceeding in any year the
income and revenue provided in that year, without the assent of 2⁄3 of
the voters and subject to other conditions. In the case of a school district,
community college district, or county office of education, the California
Constitution permits a 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, to be adopted
upon the approval of 55% of the voters of the district or county, as
appropriate, voting on the proposition at an election.
This measure would similarly lower to 55% the voter-approval
threshold for a city, county, or city and county to incur bonded
indebtedness, exceeding in any year the income and revenue provided
in that year, that is in the form of general obligation bonds issued to
fund public libraries.
Vote: 2⁄3. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
line 1 Resolved by the Senate, the Assembly concurring, That the
line 2 Legislature of the State of California at its 2013–14 Regular
line 3 Session commencing on the third day of December 2012,
line 4 two-thirds of the membership of each house concurring, hereby
line 5 proposes to the people of the State of California, that the
line 6 Constitution of the State be amended as follows:
line 7 First—That Section 1 of Article XIII A thereof is amended to
line 8 read:
line 9 SECTION 1. (a) The maximum amount of any ad valorem
line 10 tax on real property shall not exceed 1 percent of the full cash
line 11 value of that property. The 1 percent tax shall be collected by the
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line 1 counties and apportioned according to law to the districts within
line 2 the counties.
line 3 (b) The limitation provided for in subdivision (a) shall not apply
line 4 to ad valorem taxes or special assessments to pay the interest and
line 5 redemption charges on any of the following:
line 6 (1) Indebtedness approved by the voters prior to July 1, 1978.
line 7 (2) Bonded indebtedness for the acquisition or improvement of
line 8 real property approved on or after July 1, 1978, by two-thirds of
line 9 the votes cast by the voters voting on the proposition.
line 10 (3) Bonded indebtedness incurred by a school district,
line 11 community college district, or county office of education to fund
line 12 the construction, reconstruction, rehabilitation, or replacement of
line 13 school facilities, including the furnishing and equipping of school
line 14 facilities, or the acquisition or lease of real property for school
line 15 facilities, approved by 55 percent of the voters of the district or
line 16 county, as appropriate, voting on the proposition on or after
line 17 November 8, 2000. This paragraph shall apply only if the
line 18 proposition approved by the voters and resulting in the bonded
line 19 indebtedness includes all of the following accountability
line 20 requirements:
line 21 (A) A requirement that the proceeds from the sale of the bonds
line 22 be used only for the purposes specified in this paragraph and not
line 23 for any other purpose, including teacher and administrator salaries
line 24 and other school operating expenses.
line 25 (B) A list of the specific school facilities projects to be funded
line 26 and certification that the school district board, community college
line 27 board, or county office of education has evaluated safety, class
line 28 size reduction, and information technology needs in developing
line 29 that list.
line 30 (C) A requirement that the school district board, community
line 31 college board, or county office of education conduct an annual,
line 32 independent performance audit to ensure that the funds have been
line 33 expended only on the specific projects listed.
line 34 (D) A requirement that the school district board, community
line 35 college board, or county office of education conduct an annual,
line 36 independent financial audit of the proceeds from the sale of the
line 37 bonds until all of those proceeds have been expended for the school
line 38 facilities projects.
line 39 (4) (A) Bonded indebtedness, approved by 55 percent of the
line 40 voters of a city, county, city and county, or special district, as
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SCA 7— 3 —
line 1 applicable, voting on the proposition on or after the effective date
line 2 of the measure adding this paragraph, incurred by the city, county,
line 3 city and county, or special district to fund the construction,
line 4 reconstruction, rehabilitation, or replacement of public library
line 5 facilities, including the furnishing and equipping of public library
line 6 facilities, or the acquisition or lease of real property for public
line 7 library facilities. This paragraph shall apply only if the proposition
line 8 approved by the voters includes all of the following accountability
line 9 requirements:
line 10 (i) A requirement that the proceeds from the sale of the bonds
line 11 be used only for the purposes specified in this paragraph and not
line 12 for any other purpose, including personnel and operating expenses
line 13 of the public library.
line 14 (ii) A list of the specific public library facilities projects to be
line 15 funded and certification that the city, county, city and county, or
line 16 special district has evaluated the degree to which existing public
line 17 library facilities are inadequate in meeting the needs of, and the
line 18 degree to which the proposed public library facilities projects
line 19 respond to the needs of, the residents in the library service area,
line 20 in the development of that list.
line 21 (iii) A requirement that the city, county, city and county, or
line 22 special district conduct an annual, independent performance audit
line 23 to ensure that the funds have been expended only on the public
line 24 library facilities projects listed.
line 25 (iv) A requirement that the city, county, city and county, or
line 26 special district conduct an annual, independent financial audit of
line 27 the proceeds from the sale of the bonds until all of those proceeds
line 28 have been expended for the public library facilities projects.
line 29 (B) For purposes of this paragraph, “special district” has the
line 30 same meaning as that term is used in subdivision (c) of Section 1
line 31 of Article XIII C, but does not include a redevelopment agency.
line 32 (c) Notwithstanding any other provisions of law or of this
line 33 Constitution, a school district, community college district, county
line 34 office of education, city, county, city and county, or special district
line 35 may levy a 55 percent vote ad valorem tax pursuant to subdivision
line 36 (b).
line 37 Second—That Section 4 of Article XIII A thereof is amended
line 38 to read:
line 39 SEC. 4. Except as provided by Section 4.5, a city, county, or
line 40 special district, by a two-thirds vote of its voters voting on the
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line 1 proposition, may impose a special tax within that city, county, or
line 2 special district, except an ad valorem tax on real property or a
line 3 transactions tax or sales tax on the sale of real property within that
line 4 city, county, or special district.
line 5 Third—That Section 4.5 is added to Article XIII A thereof, to
line 6 read:
line 7 SEC. 4.5. The imposition, extension, or increase of a special
line 8 tax by a city, county, city and county, or special district, as may
line 9 otherwise be authorized by law for the purpose of funding public
line 10 libraries, is subject to approval by 55 percent of the voters in the
line 11 city, county, city and county, or special district, as applicable,
line 12 voting on the proposition. proposition, if all of the following
line 13 conditions are met:
line 14 (a) The proposition is approved by a majority vote of the
line 15 membership of the governing board of a city, county, city and
line 16 county, or special district.
line 17 (b) The proposition contains all of the following accountability
line 18 requirements:
line 19 (1) A list of the specific purposes and programs that are to be
line 20 funded.
line 21 (2) A requirement that the proceeds be used only for the
line 22 purposes and programs specified in the proposition, and not for
line 23 any other purpose.
line 24 (3) To ensure compliance with paragraph (2), a requirement
line 25 that the governing board of a city, county, city and county, or
line 26 special district conduct an annual, independent financial audit of
line 27 the amount of special tax proceeds collected and expended, and
line 28 the specified purposes and programs funded.
line 29 (4) To ensure compliance with paragraph (2), a requirement
line 30 that the governing board of a city, county, city and county, or
line 31 special district establish a citizens’ oversight committee to review
line 32 all expenditures of proceeds and financial audits, and report its
line 33 findings to the governing board and to the public.
line 34 Fourth—That Section 2 of Article XIII C thereof is amended to
line 35 read:
line 36 SEC. 2. Notwithstanding any other provision of this
line 37 Constitution:
line 38 (a) Any tax imposed by any local government is either a general
line 39 tax or a special tax. A special district or agency, including a school
line 40 district, has no authority to levy a general tax.
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SCA 7— 5 —
line 1 (b) A local government may not impose, extend, or increase
line 2 any general tax unless and until that tax is submitted to the
line 3 electorate and approved by a majority vote. A general tax is not
line 4 deemed to have been increased if it is imposed at a rate not higher
line 5 than the maximum rate so approved. The election required by this
line 6 subdivision shall be consolidated with a regularly scheduled general
line 7 election for members of the governing body of the local
line 8 government, except in cases of emergency declared by a unanimous
line 9 vote of the governing body.
line 10 (c) Any general tax imposed, extended, or increased, without
line 11 voter approval, by any local government on or after January 1,
line 12 1995, and prior to the effective date of this article, may continue
line 13 to be imposed only if that general tax is approved by a majority
line 14 vote of the voters voting in an election on the issue of the
line 15 imposition, which election shall be held no later than November
line 16 6, 1996, and in compliance with subdivision (b).
line 17 (d) Except as provided by Section 4.5 of Article XIII A, a local
line 18 government may not impose, extend, or increase any special tax
line 19 unless and until that tax is submitted to the electorate and approved
line 20 by a two-thirds vote. A special tax is not deemed to have been
line 21 increased if it is imposed at a rate not higher than the maximum
line 22 rate so approved.
line 23 Fifth—That Section 3 of Article XIII D thereof is amended to
line 24 read:
line 25 SEC. 3. (a) An agency shall not assess a tax, assessment, fee,
line 26 or charge upon any parcel of property or upon any person as an
line 27 incident of property ownership except:
line 28 (1) The ad valorem property tax imposed pursuant to Article
line 29 XIII and Article XIII A.
line 30 (2) Any special tax receiving a two-thirds vote pursuant to
line 31 Section 4 of Article XIII A or, as applicable, a 55-percent vote
line 32 pursuant to Section 4.5 of Article XIII A.
line 33 (3) Assessments as provided by this article.
line 34 (4) Fees or charges for property related property-related services
line 35 as provided by this article.
line 36 (b) For purposes of this article, fees for the provision of electrical
line 37 or gas service are not deemed charges or fees imposed as an
line 38 incident of property ownership.
line 39 Sixth—That Section 18 of Article XVI thereof is amended to
line 40 read:
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— 6 —SCA 7
line 1 SEC. 18. (a) No A county, city, town, township, board of
line 2 education, or school district, district shall not incur any
line 3 indebtedness or liability in any manner or for any purpose
line 4 exceeding in any year the income and revenue provided for that
line 5 year, without the assent of two-thirds of the voters of the public
line 6 entity voting at an election to be held for that purpose, except that
line 7 with respect to any such public entity that is authorized to incur
line 8 indebtedness for public school purposes, any proposition for the
line 9 incurrence of indebtedness in the form of general obligation bonds
line 10 for the purpose of repairing, reconstructing, or replacing public
line 11 school buildings determined, in the manner prescribed by law, to
line 12 be structurally unsafe for school use, shall be adopted upon the
line 13 approval of a majority of the voters of the public entity voting on
line 14 the proposition at that election; nor unless before or at the time of
line 15 incurring the indebtedness, provision shall be made for the
line 16 collection of an annual tax sufficient to pay the interest on the
line 17 indebtedness as it falls due, and to provide for a sinking fund for
line 18 the payment of the principal thereof, on or before maturity, which
line 19 that shall not exceed forty 40 years from the time of contracting
line 20 the indebtedness.
line 21 (b) Notwithstanding subdivision (a), on or after November 8,
line 22 2000, in the case of any school district, community college district,
line 23 or county office of education, any proposition for the incurrence
line 24 of indebtedness in the form of general obligation bonds for the
line 25 construction, reconstruction, rehabilitation, or replacement of
line 26 school facilities, including the furnishing and equipping of school
line 27 facilities, or the acquisition or lease of real property for school
line 28 facilities, shall be adopted upon the approval of 55 percent of the
line 29 voters of the district or county, as appropriate, voting on the
line 30 proposition at an election. This subdivision shall apply only to a
line 31 proposition for the incurrence of indebtedness in the form of
line 32 general obligation bonds for the purposes specified in this
line 33 subdivision if the proposition meets all of the accountability
line 34 requirements of paragraph (3) of subdivision (b) of Section 1 of
line 35 Article XIII A.
line 36 (c) Notwithstanding subdivision (a), on or after the effective
line 37 date of the measure adding this subdivision, in the case of any city,
line 38 county, or city and county, any proposition to incur indebtedness
line 39 in the form of general obligation bonds shall be adopted by 55
line 40 percent of the voters of the city, county, or city and county, as
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SCA 7— 7 —
line 1 applicable, voting on the proposition at an election, where the
line 2 general obligation bonds would fund public libraries, including,
line 3 but not limited to, the construction, reconstruction, rehabilitation,
line 4 or replacement of public library facilities, the furnishing and
line 5 equipping of public library facilities, or the acquisition or lease of
line 6 real property for public library facilities.
line 7 (d) When two or more propositions for incurring any
line 8 indebtedness or liability are submitted at the same election, the
line 9 votes cast for and against each proposition shall be counted
line 10 separately, and when two-thirds or a majority or 55 percent or a
line 11 majority of the voters, as the case may be, voting on any one of
line 12 those propositions, vote in favor thereof, the proposition shall be
line 13 deemed adopted.
O
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