California 2023-2024 Regular Session Status: Introduced 1 R cosponsors

ACA 18 — A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 3 of Article XIIIA thereof, by amending Section 1 of Article XIIIC thereof, by amending Section 7 of, and adding Section 11 to, Article XIX thereof, by amending Section 2 of, and adding Section 3 to, Article XIXB thereof, and by adding Article XIXE thereto, relating to taxation.

Last action — From printer. May be heard in committee March 18.

  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The California Constitution requires any change in state statute that increases the tax liability of any taxpayer to be imposed by an act passed by 23 of the membership of each house of the Legislature, and prohibits specified taxes on real property from being so imposed. For these purposes, the California Constitution defines a "tax" as any state levy, charge, or exaction, except as described in certain exceptions. The California Constitution describes one of those exceptions as a charge imposed for entrance to or use of state property, or the purchase, rental, or lease of state property, except charges governed by a specified provision of the California Constitution. This measure, on or after its effective date, would provide that the exception described above does not include a road usage charge, as described, thereby requiring the imposition of this type of charge to be subject to the 23 vote requirement. The California Constitution conditions the imposition of a general tax by a local government upon the approval of a majority of its voters voting on the tax, and conditions the imposition of a special tax by a local government upon the approval of 23 of the voters voting on the tax. The California Constitution defines a "tax" for these purposes as any local government levy, charge, or exaction, except as described in certain exceptions, and includes as one of those exceptions a charge imposed for entrance to or use of local government property. The California Constitution defines "special tax" to mean any tax imposed for specific purposes. This measure, on or after its effective date, would provide that the exception described above does not include a road usage charge, as provided. The measure would also restrict to specific purposes the use of revenues derived from a road usage charge, described below, thereby subjecting the local imposition of this type of charge to the 23 local voter approval requirements. This measure would require that any road usage charge be imposed at a uniform rate, and not vary based on any factor. The measure would prohibit the Legislature from imposing both a road usage charge, and either a motor vehicle fuel tax or a tax on the sale, storage, use, or other consumption in this state of motor vehicle fuels that are used in vehicles subject to a road usage charge. The measure would require all revenues derived from a road usage charge imposed at both the state and local level be used solely for transportation purposes, as defined. The California Constitution authorizes the Legislature to impose a motor vehicle fuel tax, and directs the revenues of that tax, or any alternative source of revenue to replace the revenue derived from that tax, to be deposited in the Highway Users Tax Account in the Transportation Tax Fund. The California Constitution also directs the revenues from a tax on the sale, storage, use, or other consumption in this state of motor vehicle fuels, or any alternative source of revenue to replace the revenue derived from that tax, to be deposited in the Transportation Investment Fund. The measure would specify that road usage charges are not subject to the above requirements.

Bill Text

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Action History

  1. From printer. May be heard in committee March 18.

  2. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What does ACA 18 do?
The California Constitution requires any change in state statute that increases the tax liability of any taxpayer to be imposed by an act passed by 23 of the membership of each house of the Legislature, and prohibits specified taxes on real property from being so imposed. For these purposes, the California Constitution defines a "tax" as any state levy, charge, or exaction, except as described in certain exceptions. The California Constitution describes one of those exceptions as a charge imposed for entrance to or use of state property, or the purchase, rental, or lease of state property, except charges governed by a specified provision of the California Constitution. This measure, on or after its effective date, would provide that the exception described above does not include a road usage charge, as described, thereby requiring the imposition of this type of charge to be subject to the 23 vote requirement. The California Constitution conditions the imposition of a general tax by a local government upon the approval of a majority of its voters voting on the tax, and conditions the imposition of a special tax by a local government upon the approval of 23 of the voters voting on the tax. The California Constitution defines a "tax" for these purposes as any local government levy, charge, or exaction, except as described in certain exceptions, and includes as one of those exceptions a charge imposed for entrance to or use of local government property. The California Constitution defines "special tax" to mean any tax imposed for specific purposes. This measure, on or after its effective date, would provide that the exception described above does not include a road usage charge, as provided. The measure would also restrict to specific purposes the use of revenues derived from a road usage charge, described below, thereby subjecting the local imposition of this type of charge to the 23 local voter approval requirements. This measure would require that any road usage charge be imposed at a uniform rate, and not vary based on any factor. The measure would prohibit the Legislature from imposing both a road usage charge, and either a motor vehicle fuel tax or a tax on the sale, storage, use, or other consumption in this state of motor vehicle fuels that are used in vehicles subject to a road usage charge. The measure would require all revenues derived from a road usage charge imposed at both the state and local level be used solely for transportation purposes, as defined. The California Constitution authorizes the Legislature to impose a motor vehicle fuel tax, and directs the revenues of that tax, or any alternative source of revenue to replace the revenue derived from that tax, to be deposited in the Highway Users Tax Account in the Transportation Tax Fund. The California Constitution also directs the revenues from a tax on the sale, storage, use, or other consumption in this state of motor vehicle fuels, or any alternative source of revenue to replace the revenue derived from that tax, to be deposited in the Transportation Investment Fund. The measure would specify that road usage charges are not subject to the above requirements.
Who sponsors ACA 18?
ACA 18 is sponsored by Wallis, Greg (Republican).
What is the current status of ACA 18?
This bill died with 2023-2024 Regular Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track ACA 18?
Track ACA 18 free on One Click Politics — get push/email alerts when it moves.

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