Title

Taxation.

Proposition Summary

TAXATION. INITIATIVE CONSTITUTIONAL AMENDMENT. Amends Article XIII A, enacted as Proposition 13 in 1978, adding restrictions on real property taxation, enactment of new tax measures, and charging fees. Prohibits imposition of new taxes based upon real property ownership, sale, or lease. Prohibits increasing other taxes except upon two-thirds vote of Legislature for state taxes, and two-thirds vote of electorate for local governmental taxes. Restricts imposition of fees exceeding direct costs of services provided. Provides specified refunds including taxes attributable to assessed value inflation adjustments in assessment years 1976-1977 through 1978-79. Makes other changes. Operative date for specified provisions--August 15, 1983. Summary of Legislative Analyst's estimate of net state and local government fiscal impact: (1) state government revenues reduced by at least $100 million, net over two-year period 1984-85 to 1985-86, and by about $150 million annually in subsequent years, to replace revenue losses experienced by K-12 school districts; (3) local agencies other than schools identifiable property tax and other revenue losses of approximately $2.8 billion, net, over two-year period 1984-85 to 1985-86, and revenue losses of about $1.1 billion annually in subsequent years.

Proposition Number

36

Year

1984

Document Type

Proposition

Pass/Fail

Fail

Popular Vote Results

Y: 4052993; A: 45.2; N: 4904372; B: 54.8

Election Type

General Election

Proposition Type

Initiative constitutional

Relevant Case

Grace Geothermal Corp. v. Northern Cal. Power Agency: 619 F. Supp. 964, N.D. Cal. 1985; Santa Clara County Local Transp. Auth. v. Guardino: 11 Cal. 4th 220: 902 P.2d 225: 45 Cal. Rptr. 2d 207, 1995; Rider v. County of San Diego: 1 Cal. 4th 1: 820 P.2d 1000: 2 Cal. Rptr. 2d 490, 1991; McCauley v. Howard Jarvis Taxpayers Ass'n: 68 Cal. App. 4th 1255: 80 Cal. Rptr. 2d 900, 1998; McCauley v. BFC Direct Marketing: 16 Cal. App. 4th 1262: 20 Cal. Rptr. 2d 498, 1993; Vernon V. State Bd. of Equalization: 4 Cal. App. 4th 110: 5 Cal. Rptr. 2d 414, 1992

For Author

Howard Jarvis, Author, Proposition 13 Chairman, California Tax Reduction Movement; Paul Gann, Coauthor, Proposition 13

Against Author

John Hay, California Chamber of Commerce; Kenneth S. Carnine, American Association of Retired Persons

Rebuttal Author

Richard P. Simpson, California Taxpayers' Association; Bill Honig, State Superintendent of Public Instruction; Bobette Bennett, President, California Parent-Teacher Association (PTA)

Rebuttal Against Author

Howard Jarvis, Author, Proposition 13 Chairman, California Tax Reduction Movement; Dr. Arthur B. Laffer, Professor of Economics Presidential Economics Adviser

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