HomeMy WebLinkAboutMINUTES - 03231993 - 1.41 TO: BOARD OF SUPERVISORS ��_ E:L_. Contra
FROM:
Phil Batchelor, County Administrator Costa
9y County
March 17 1993
f•ls\ �T
DATE: I'colt
SUBJECT: LEGISLATION: AB 937 (Campbell)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Acknowledge that the Board of Supervisors is the SPONSOR of AB 937
by Assemblyman Campbell which authorizes boards of supervisors to
place "special tax" measures on the ballot and requires a 2/3
majority vote for approval of such tax measures .
BACKGROUND:
The Board of Supervisors included in its 1993 Legislative Program
the following proposal :
33 . Provide clear authority for counties to place special tax
measures on the ballot for consideration by the voters . -
Sponsor legislation or support the efforts of others to enact
legislation which would clarify that counties have the
authority to place a special tax measure on the ballot for
consideration by the voters .
Proposition 62 effectively prohibited any local government
from placing a special tax measure on the ballot unless the
local government had separate specific statutory authority for
the tax. The Courts have struck down portions of Proposition
62, not including the prohibition on the placement of special
tax measures on the ballot. Cities and special district have
obtained special legislative authorization to place such
special tax measures on the ballot. Counties have never
obtained such authority. There is, therefore, some question
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE 66
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON Ma rG h 23, 1993 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISOR N THE DATE SHOWN.
ATTESTED
Contact: PHIL BATCHELOR.CLERK OF THE BOARD OF
CC. County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
County Counsel
Auditor-Controller
Les Spahnn; Heim, Noack, and Spahnn DEPUTY
regarding the ability of a county to place a special tax
measure on the ballot for consideration by the voters, without
resorting to the use of special features, such as the County
Service Area Law. It is recommended, therefore, that the
County seek clear authority to place such measures on the
ballot - as a county.
In view of the questionable authority0 that counties have to place
special tax measures on the ballot and the fact that cities and
special districts have resolved this problem by obtaining
legislation to specifically provide them with such authority, it
appears prudent to obtain such authority for counties . Assemblyman
Campbell has agreed to carry this legislation for Contra Costa
County, although it will benefit all counties in the State.
Assemblyman Campbell has introduced AB 937 for this purpose.
In view of the fact that the Board of Supervisors has included this
provision in its 1993 Legislative Program, it appears to be
appropriate for the Board to acknowledge that it is the sponsor of
AB 937 .
-2-
CALIFORNIA LE9ISI.ATURE1993-94 REGULAR SESSION
ASSEMBLY BILL No. 937
Introduced by Assembly Member Campbell
March 1, 1993
An act to add Section 23027 to the Government Code,
relating to taxation, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 937, as introduced, Campbell. Taxation: counties.
Existing law authorizes the legislative body of designated
special districts to impose a special tax, as defined, if the
ordinance or resolution proposing imposition of the special
tax is submitted to the voters and approved by % of the voters
voting on the issue. Existing law prescribes the procedures for
the adoption of a special tax.
This bill would, in the same manner, authorize the board of
supervisors of any county to impose a special tax, as specified.
The bill would require that the taxes be applied uniformly to
all taxpayers or all real properly within the county, except as
specified.
This bill would take effect immediately as an urgency .
statute.
Vote: Appropriation: no. Fiscal' committee: no.
State-mandated local program: no.
The people of the State.of California do enact as follows.
1 SECTION 1. Section 23027 is added to the
2 Government Code, to read:
3 23027. The board of supervisors of any county may
4 impose a special tax pursuant to Article 3.5 (commencing
5 with Section 50075) of Chapter 1 of Part .i of Division 1
44 1M
AB 937 — 2-
1
2-
1 of Title 5 and any other procedures as may be applicable.
2 The special taxes shall be applied . uniformly to all
3 taxpayers or all real property within the county, or any
4 involved: portion thereof, except that unimproved
5 property may be taxed at a lower rate than improved
6 property and an exemption may be provided from the
7 special taxes for taxpayers 65 years of age or older.
8 SEC. 2. This act is an urgency statute necessary for
9 the immediate preservation of the public peace, health,
10 or safety within the meaning of Article IV of the
11 Constitution and shall go into immediate effect. The facts
12 . constituting the necessity are:
13 In order that counties may impose special taxes at the
14 earliest possible time in accordance with the
15 authorization provided by this act, it is necessary that this
16 act go into immediate effect.
O
99 100