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Response Still Needed on Invalidation of Special District Revenue by Initiative 1935

By Vanessa Gonzales posted 03-05-2024 09:15 AM

  
Take Action Respond by March 15

By: @Kyle Packham

An entity representing California’s wealthiest corporations is behind a proposition that is eligible for the November 2024 statewide ballot. The measure — Initiative 1935 (previously Initiative 21-0042A1) — would revise the state Constitution to significantly undermine local control and the ability of local governments to provide services and infrastructure.

Over 200 special districts have responded to CSDA’s five-question survey linked below that is critical to help CSDA better understand the impacts to special districts and the communities they serve. If we have not received a submission from your district, please ensure a representative from your special district responds no later than Friday, March 15.

If you answer “yes” to any of these questions, you should be very concerned, and we need your help: 

  • Has your special district adopted new fees, updated its fee or rate schedule, or passed a revenue measure of any kind since January 1, 2022?
  • Does your district plan to adopt new fees or update your fee or rate schedule?
  • Does your district plan to pass a tax revenue measure in the future?

Take Survey Now

BACKGROUND:

  • Local Taxes: Initiative 1935 would invalidate any revenue measures passed since January 1, 2022 that were put on the local ballot by citizen initiative requiring majority vote approval. The initiative would also repeal all taxes that do not contain a sunset (expiration date).
  • Fees, Rates, Assessments, and Other Charges: Under the Initiative 1935, certain fees and charges may not exceed the “actual cost” of providing the product or service, and the initiative redefines “actual cost” as the “minimum amount necessary.” This ambiguous language could lead to countless lawsuits and would likely force local governments to reduce certain fees to meet the “minimum amount necessary” threshold or the charges could be determined to be taxes requiring two-thirds voter approval.

For more information on Initiative 1935, including the full language of the initiative, CSDA’s analysis, and a sample oppose resolution your board can approve, please visit csda.net/VoterLimitations.

JOIN US AT SPECIAL DISTRICTS LEGISLATIVE DAYS TO LEARN MORE:

Registration for Special Districts Legislative Days is now open and the annual legislative conference will include a special briefing on Initiative 1935 and a critical case pending before the California Supreme Court.

Briefing on Critical Supreme Court Case Impacting Local Revenues and Government Functions

Wednesday, May 22, 2024

Sheraton Grand Sacramento

Legislature of the State of California et al. vs. Weber could determine the ability of special districts and other agencies to provide essential services and infrastructure to their communities. Join us for this briefing by Michael G. Colantuano, Esq., Managing Shareholder of Colantuono, Highsmith & Whatley, PC and author of the amicus brief to this landmark case jointly filed by CSDA, CalCities, California State Association of Counties and eight other local government association partners.

Register Today at: csda.net/LegislativeDays


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