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A local government may not impose, extend, or increase any special tax unless the tax is first submitted to the electorate and approved by a two-thirds vote. (2). Cal. Cal. [35] The initiative would force local governments to go back decades and destroy their method of service delivery. Const., art. This is because there is no provision for directly electing members of the governing body. Cal. The California State Controller also makes extensive and detailed salary and other compensation (e.g., retirement and health costs) data for local government public employees in California on its Government Compensation in California website. Cal. Extensive and detailed California local government public employee salary (including benefits) and pension data are also available on the Transparent California website. Cal. 177–200. Except for fees or charges for sewer, water, or refuse collection services, no property related fee or charge may be imposed or increased unless and until that property-related fee or charge is submitted and approved by a majority vote of the property owners of the property subject to the property-related fee or charge or, at the option of the agency, by a two-thirds vote of the electorate residing in the affected area. Any tax imposed for specific purposes and placed in a general fund. Any procedures applicable to the filing of arguments must also be followed. Proposition 218 includes five requirements that every property-related fee or charge must satisfy. Although fees imposed upon persons on the extraction of groundwater are generally no longer a property-related fee under Proposition 218, such levies may still be subject to local voter approval as a tax under Proposition 26 which California voters approved in 2010. [180] At the public hearing, any person is permitted to present written or oral testimony to the agency. [259][260], In resolving the appropriate standard of construction that should be applied in interpreting the scope of the election exemption for property-related fees under Proposition 218, the appellate court in the Salinas case stated: "We must keep in mind, however, the voters' intent that the constitutional provision be construed liberally to curb the rise in "excessive" taxes, assessments, and fees exacted by local governments without taxpayer consent. In addition, property-related fees or charges based on potential or future use of a property-related service are not permitted. In addition, when local politicians vote to place a local tax measure on the ballot, they are also approving that tax on the merits. [62] The 2017 California Supreme Court decision disapproved two previous Court of Appeal published decisions[153][154] holding that a fee on the extraction of groundwater was a property-related fee under Proposition 218. Cal. The impartial person may use technological methods of tabulating the assessment ballots, including, but not limited to, punchcard or optically readable (bar-coded) assessment ballots. Cal. "[93] Proposition 218 constitutionally requires that its provisions be "liberally construed to effectuate its purposes of limiting local government revenue and enhancing taxpayer consent. [193] This change makes it significantly easier for taxpayers to win a legal challenge. [256] Yet, even an analysis of Proposition 218 in a League of California Cities publication before the November 1996 election made a distinction between storm drainage and sewer systems (and also water systems) in stating: "But, it appears that all fees and charges for water, sanitation, storm drainage, or sewer are included within the scope of the measure. 4th 1351 (June 2002) unanimously held that a stormwater drainage fee imposed on developed parcels of land was a "property-related" fee subject to Proposition 218, including the voter approval requirement thereunder.[149]. Const., art. L'Article XIII C renvoie à l'approbation par les électeurs des impôts décidés par les gouvernements locaux[7]. [190] Furthermore, since only special benefits are assessable under Proposition 218, voters residing within the boundaries of an assessment district who do not own property within the assessment district are also not deemed under the California Constitution to have been deprived of the right to vote for any assessment. The text of Prop 218 is not clear on whether or not water rates are included in the scope of the law. Under Proposition 218, only special benefits are assessable. (d) [special taxes requiring two-thirds voter approval]. Const., art. Const., art. XIII C, § 2, subd. The ballot must be in a form that conceals its content once it is sealed by the person submitting it. Related electronic data files may also be used to help verify Proposition 218 compliance. [161] The five requirements help ensure that any property-related fee or charge is a legitimate fee or charge and not a tax masquerading as a fee or charge. (e). Property-related charges that exceed the cost of service were precisely the type of abuse by local governments that Proposition 218 was intended to no longer permit. The procedures for a new or increased property-related fee or charge help ensure that a property owner receives appropriate written notice and is given an opportunity to provide input prior to the local agency deciding whether to approve a proposed property-related fee or charge. City Attorney, Auburn & Calabasas . (4). However, so far California appellate courts have generally allowed local agencies greater latitude in charging property owners for potential or future use of a property-related service. (3). However, some agencies may include a protest document with the required notice as a courtesy. In some instances, it may be necessary to make a written request for performance data under the California Public Records Act. California law allows local governments to use public funds to lobby for or against legislation at the state and federal government levels. However, as a practical matter, in order to comply with the requirements applicable to property-related fees and charges, a local agency must generally prepare a detailed supporting report. (d). Stormwater not recognized as a utility, nor as a source of water. What constitutes a tax "increase" under Proposition 218 was broadly construed by a California appellate court in 2007. Cal. 51% of the voters must approve it. Cal. Ballot Pamphlet, California General Election (November 5, 1996), analysis of Proposition 218 by Legislative Analyst, p. 74. Prop 218/ Prop 26 McNeill Law 2019-07-03T11:20:28-08:00. Gov. La proposition 218 a modifié la Constitution de Californie par l'ajout de l'Article XIII C et de l'Article XIII D[6]. Proposition 218 does not expressly require an agency to prepare a detailed report in support of a property-related fee or charge. [170] The benefit separation requirement under Proposition 218 helps ensure compliance with the requirement that only special benefits are assessable. XIII D, § 6, subd. This includes for purposes of properly designing a tie-in initiative and for targeting alternative revenue sources for reduction or repeal utilizing a compensatory initiative. The ballot arguments contained in the official ballot pamphlet sent to voters are usually the only opportunity for the opponents of a local government tax levy to reach all voters. Const., art. Examples include crime data in connection with public safety taxes, student performance data in connection with education taxes (or bonds), traffic data in connection with transportation taxes, public safety response times in connection with a public safety tax, and park usage and maintenance in connection with a parks and recreation tax. [61] The California Legislature adopted a statute interpreting the term "increase" for purposes of Proposition 218[70] although the courts have final say in interpreting the applicable constitutional language. Cal. [17], Proposition 218 proponents claimed that local governments discovered a particularly pernicious way to raise additional revenues and avoid the Proposition 13 two-thirds local voter approval requirement for taxes by using assessment districts. Proposition 218 expressly applies to regional governments in California under its broad "local government" constitutional definition. Const., art. Proposition 218 Is The Fastest Way To Raise Money, But Is It Right? Historically, the constitutional right to vote in secret did not apply to property owner elections. 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