Is the proposal below the act in question?
Marcy
SECTION 1. Title This shall be known and cited as the "The Taxpayer
Protection Act of 2006."
SECTION 2. Findings and Declarations of Purpose The People of the
State of California find and declare: (a) The California Constitution
prohibits the California Legislature fiom imposing a state tax or
local tax without a two-thirds vote of the California Legislature.
(b) The California Constitution also prohibits local governments from
imposing a local tax without a majority vote of the voters if it is a
tax for general purposes or a two-thirds vote of the voters if it is
a tax for special purposes. (c) These two-thirds vote requirements do
not apply to legitimate fees that may be adopted by a majority vote
of the Legislature or local legislative bodies. (d) There have been
increasing efforts by state and local governments to disguise new
taxes as fees in order to avoid the two-thirds vote requirement for
the Legislature and a vote of the people at the local level. (e) In
order to prevent these efforts, it is necessary to establish the
distinction between fees and taxes.
SECTION 3. Article XI11 A, section 3 of the California Constitution
is amended to read: Sec. 3. (a) From and after January 1, 2006, any
change in state statute which results in any taxpayer paying a higher
tax, whether by increased rates or changes in methods of computation,
must be imposed by an Act passed by not less than two-thirds of all
members elected to each of the two houses of the Legislature, except
that no new ad valorem taxes on real property, or sales or
transaction taxes on the sales of real property may be imposed. (3)
From and after January 1, 2006, as used in this section "tax"
includes: (I) any regulatoryfee or charge imposed by the state,
except for a fee or charge limited to the reasonable administrative
costs to the state, including overhead expenses, of issuing licenses,
permitting, inspection, audit, and adjudication. (2) any other kind
of fee or charge imposed by the state, except: (A) a fee or charge
imposed for a specific service provided directly to the payer by the
state or a private contractor on behalfof the state, but only ifthe
amount of the charge does not exceed the reasonable costs of the
service provided.
afee or charge imposed for entrance to state property or admission to
an event, show, game, or activity on state property or private
property being used by the state for such events, shows, games, or
activities. a fee or charge for the purchase, rental or lease of
state property. a$ne, penalty, or other monetary charge imposed by
the judicial branch of government, or state or local administrative
agency, as a result of any violation of a statute or regulation. a
competitively neutral, broad-based surcharge implemented,
administered, or required by the California Public Utilities
Commission for the purpose ofproviding universal telephone service.
(3) notwithstanding anything in this section to the contrary, any fee
or charge imposed by the state on real property or a person as
incident of real property ownership. (c) Any tax, fee or charge of
any kind adopted after January 1, 2006, but prior to the eflective
date of this Act, that was not adopted in compliance with the
requirements of this section is void 12 months after the effective
date of this Act unless the tax, fee or charge is reenacted by the
Legislature and signed into law by the Governor in compliance with
the requirements of this section.
SECTION 4. Article XI11 C, section 2 of the California Constitution
is amended to read: Sec. 2. Local Government Tax Limitation.
Notwithstanding any other provision of this Constitution: (a) All
taxes imposed by any local government shall be deemed to be either
general taxes or special taxes. Special purpose districts or
agencies, including school districts, shall have no power to levy
general taxes. (b) No local government may impose, extend, or
increase any general tax unless and until that tax is submitted to
the electorate and approved by a majority vote. A general tax shall
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 continue to be imposed only if approved by a majority
vote of the voters voting in an election on the issue of the
imposition, which election shall be held within two years of the
effective date of this article and in compliance with subdivision (b).
(d) No local government may impose, extend, or increase any special
tax unless and until that tax is submitted to the electorate and
approved by a two-thirds vote. A special tax shall not be deemed to
have been increased if it is imposed at a rate not higher than the
maximum rate so approved. (e) From and after January 1, 2006, as used
in this section: (I) "tax" does not include any fee or charge imposed
by local government as a condition of property development. (2)
Except as stated in subdivision (e)(l), "tax" includes: (A) any
regulatory fee or charge imposed by local government, except for a
fee or charge limited to the reasonable administrative costs to the
local government, including overhead expenses, of issuing licenses,
permitting, inspection, audit, and adjudication. (B) any other kind
of fee or charge imposed by local government, except: a fee or charge
imposed for a speczfic service provided directly to the payer by the
local government or a private contractor on behawof the local
government, hut only ifthe amount of the charge does not exceed the
reasonable costs of the service provided. a fee or charge imposed for
entrance to local government property or admission to an event, show,
game, or activity on local government property or private property
being used by local government for such events, shows, games, or
activities. a fee or charge for the purchase, rental or lease of
local government property. afine, penalty, or other monetary charge
imposed by the judicial branch of government, or state or Iocal
administrative agency, as a result of any violation of a statute or
regulation. assessments and property related fees imposed in
accordance with the provisions of Article XIIID. 0 Any tax, fee or
charge of any kind adopted after January 1, 2006, but prior to the
effective date of this Act, that was not adopted in compliance with
the requirements of subsection (e) is void 12 months after the
effective date of this Act unless the tax, fee or charge is reenacted
in compliance with the requirements of this section. SECTION 5.
Conflicting Ballot Measures In the event that this measure and
another conflicting measure or measures are approved by a majority of
votes at the same election, and this measure receives a greater
number of affirmative votes than any other such measure or measures,
this measure shall control in its entirety and said
other measures shall be rendered void and without legal effect. If
this measure is approved but does not receive a greater number of
affirmative votes than said other measure or measures, this measure
shall take effect to the extent permitted by law.
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