Pass 

  Official Title and Summary Prepared by the Attorney General

LOCAL PUBLIC SAFETY PROTECTION AND IMPROVEMENT ACT OF 1993.LEGISLATIVE CONSTITUTIONAL AMENDMENT..

This measure would provide a dedicated revenue source for public safety purposes.. Revenue would be distributed to cities and counties for purposes such as police, sheriffs, fire, district attorneys and corrections.. If this measure is approved by a majority of the state's voters, the tax would be collected in all counties. However, a county would be eligible to receive tax revenues beginning January 1, 1994, only if the board of supervisors votes to participate or voters within the county approve the measure by majority vote.

Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact:.

Effective January 1, 1994, generates approximately $714 million in fiscal year 1993-94, and $1.5 billion annually thereafter, in additional sales tax revenue for counties and cities.

Analysis by the Legislative Analyst Background

A sales tax is imposed on most goods purchased in California. This tax consists of statewide uniform sales taxes and optional local sales taxes.Uniform Sales Taxes. These taxes include both state and local government components. The state sales tax rate is currently 6 percent. Since 1967, a statewide local sales tax of 1.25 percent also has been imposed in all counties. Thus, the uniform statewide sales tax rate is 7.25 percent. Under current law, the state rate will decrease by one-half percent on January 1, 1994, thus reducing the uniform rate by a similar amount.Optional Local Sales Taxes. Counties also have the option of levying additional sales taxes, not to exceed 1.5 percent, to pay for local programs, such as transportation and education. At the present time, 21 of the state's 58 counties levy at least one of these optional taxes. As a result, the total sales tax rate varies from county to county, but averages approximately 8 percent statewide. Figure 1 shows the current total sales tax rate in each of California's counties.

Proposal

This measure places a one-half percent state sales tax rate in the state's Constitution, effective January 1, 1994. As a result, the state's portion of the sales tax rate would remain at its current 6 percent level.The measure requires that the revenues from the additional one-half percent sales tax be used only for local public safety activities, which include police and sheriffs' departments, fire protection, county district attorneys, county probation, and county jail operations. The amendment adds to the Constitution a statement that declares that public safety is the first responsibility of local government, and that local government officials have an obligation to give priority to the provision of public safety services.The additional sales tax revenues resulting from this measure are intended to offset part of the $2.3 billion in county and city revenue losses that resulted from adoption of the state's 1993-94 budget. Specifically, $2.3 billion in annual property tax revenues were shifted from counties and cities to the schools, thereby reducing the state's funding obligations to public schools. Revenue generated from this addition to the sales tax rate would be allocated to counties whose board of supervisors had adopted a resolution in support of this measure by August 1, 1993. Alternatively, if no resolution had been adopted, a county would receive the funds only if a majority of its voters approve this measure.

Fiscal Effect

For fiscal year 1993-94, passage of this measure is projected to generate approximately $714 million in additional revenue for counties and cities. On a full-year basis (beginning in 1994-95), this measure raises approximately $1.5 billion in revenue. These annual revenues would offset, on a permanent basis, about 65 percent of the statewide property tax loss to counties and cities resulting from the 1993 state budget actions. 

Argument in Favor of Proposition 172

Your YES vote on Proposition 172 will earmark one half cent of the current state sales tax to law enforcement and public safety.

THIS IS NOT A NEW TAX OR A TAX INCREASE. Proposition 172 extends one half cent of the sales tax you already pay and guarantees that the money will go directly to counties and cities to be spent on sheriffs, police, fire protection, district attorneys, and jails. Please read Proposition 172.  It requires, by law, that the revenue will be deposited into the Local Public Safety Fund to be used for these purposes. When you vote YES on Proposition 172 this requirement will be written directly into the state constitution.

PROPOSITION 172 IS AN IRONCLAD GUARANTEE STATEWIDE THAT THIS MONEY, ESTIMATED AT APPROXIMATELY 1.4 BILLION DOLLARS A YEAR, WILL GO WHERE IT IS NEEDED MOST:. Keeping police officers and deputy sheriffs on the streets fighting crime.. Fighting gangs, drugs and drug-related crime.. Guaranteeing funds for fire protection.. Funding anti-crime education programs, teaching our citizens how to help law enforcement protect our neighborhoods.

IF PROPOSITION 172 IS DEFEATED, BUDGETS FOR SHERIFFS, POLICE, DISTRICT ATTORNEYS, JAILS AND FIREFIGHTERS WILL SUFFER HUGE CUT BACKS.There will be fewer police and sheriff patrols in your neighborhood. Fire stations will be closed and personnel reduced. Jails will be closed and criminals released. Criminal cases will go unprosecuted. Response times for police, and firefighters will increase dramatically.Crime is on the rise throughout California. Just turn on the news tonight.Carjackings, ATM holdups, shootings in our schools, violence, murder and mayhem dominate the evening news each and every night. And it's not one carjacking, or one child murdered. If it's not multiple murders, it's hardly news anymore.Please help us in law enforcement put a stop to this madness.We cannot meet this growing threat by making drastic cuts in the number of police officers and deputy sheriffs who patrol our communities.

ONE HALF CENT OF THE SALES TAX WE ALREADY PAY IS A SMALL PRICE TO PAY FOR THE PROTECTION OF YOUR FAMILIES, YOUR HOMES AND YOUR NEIGHBORHOODS. Proposition 172 is endorsed by the:California State Sheriffs' AssociationCalifornia District Attorneys' AssociationCalifornia Fire Chiefs' AssociationCalifornia Police Chiefs' AssociationAssociation of Los Angeles Deputy SheriffsCalifornia Organization of Police and SheriffsCalifornia Professional FirefightersCalifornia Peace Officers' AssociationLos Angeles Police Protective LeagueAssociation of Orange County Deputy SheriffsLos Angeles County Professional Peace Officers' Association and virtually every other major law enforcement and public safety organization in our state. Cast your vote for a safer California. Vote YES on Proposition 172.

Willie Williams  Chief, Los Angeles Police Department 

Rebuttal to Argument in Favor of Proposition 172

MYTH: The Sample Ballot has an impartial summary.

FACT: LEGISLATORS SECRETLY REMOVED REQUIREMENTS FOR AN IMPARTIAL ANALYSIS AND WROTE THIS ONE THEMSELVES.

MYTH: You must increase taxes to keep services.

FACT: NEW TAXES AREN'T NEEDED. PRIORITIES ARE. A foreign citizen crossed our border, costing taxpayers $1 million for a heart transplant. A United States citizen at the same hospital spent his retirement savings awaiting a donor, dying before a heart became available. Illegal aliens from around the world are flocking to California for tax supported medical care and other services.

MYTH: This isn't a new tax or tax increase.

FACT: PROPOSITION 172 IS ANOTHER RAID ON TAXPAYERS' WALLETS. The politicians who increased taxes $8 billion two years ago want YOU to pass Proposition 172 so they won't be accused of raising your taxes.Proposition 172 adds the tax to the Constitution so politicians get your money forever .Legislators must cut extravagant spending, NOT law enforcement. Stopping the flow of precious tax dollars to illegal aliens would save billions.

MYTH: Funding is guaranteed for law enforcement.

FACT: PROPOSITION 172 DOES NOT GUARANTEE ONE SINGLE DOLLAR OF INCREASED FUNDING FOR PUBLIC SAFETY.It allows programs other than law enforcement to share the windfall.

MYTH: The tax is small.

FACT: THIS IS AN APPROXIMATELY $1.4 BILLION TAX.MYTH: Increased taxes are the only way to balance the budget.FACT: LEGISLATORS REJECTED BILLIONS IN UNNECESSARY SPENDING CUTS.MAKE POLICE AND FIRE OUR SPENDING PRIORITY, NOT AN EXCUSE TO RAISE TAXES. L VOTE NO.

Gil Ferguson |t Assemblyman, 70th District 

Argument Against Proposition 172

Proposition 172 was put on the ballot by Sacramento's big spending politicians. It RAISES an average family's taxes $175 to replace local funds those same state politicians stole from our communities this year to bankroll their excessive spending. Now they're threatening to drastically cut public safety services that we're already paying for unless we pass this new tax.

PROPOSITION 172 MEANS $175 IN NEW TAXES FOR AN AVERAGE FAMILY OF FOUR.This approximately $1.4 billion tax increase amounts to $44 for every man, woman and child in California--$175 for a family of four in direct taxes and higher prices.

PROPOSITION 172 MAKES US PAY TWICE FOR LOCAL SERVICES.The legislators who put Proposition 172 on the ballot want us to think this is a new fund for law enforcement. In fact, it is to replace local property taxes that Sacramento's politicians stole from our communities to pay for their lavish spending. Now they're telling us if we want to continue to receive the essential police and fire protection we're already paying for, we'll just have to pay again.

PROPOSITION 172 DOES NOT PROTECT PUBLIC SAFETY.Under Proposition 172's enabling legislation, "Public safety services" isn't limited to law enforcement and could easily be stretched to include homeless shelters and hypodermic needle exchange programs. There's no guarantee that local governments won't divert existing law enforcement budgets for other purposes once they receive the new funds.

PROPOSITION 172 BLOWS THE LID OFF THE CONSTITUTIONAL SPENDING LIMIT.Proposition 172 provides for approximately $1.4 billion of spending beyond the current constitutional limit.

BEWARE OF THE PHONY BALLOT SUMMARY OF PROPOSITION 172. YOUR RIGHT TO AN IMPARTIAL ANALYSIS WAS SUSPENDED BY THE POLITICIANS. State law guarantees Californians the right to a fair and impartial summary of measures appearing on the ballot. POLITICIANS SUSPENDED THAT GUARANTEE FOR THIS PROPOSITION, and they literally wrote the ballot title and summary themselves. They're trying to hide the true cost and nature of this tax increase to Californians.

SAY NO TO LEGISLATIVE EXTORTION.Proposition 172 specifically THREATENS county taxpayers with having to pay the tax while not receiving any of the proceeds unless their voters or their Board of Supervisors support the tax. This is blackmail, and it's unprecedented.

LOCAL LAW ENFORCEMENT FUNDS COULD BE RESTORED TOMORROW WITH A VOTE OF THE LEGISLATURE. This crisis was created by the Governor and Legislature and could be ended simply by returning the funds they have taken from our communities. Legislators should deny ILLEGAL ALIENS benefits, saving $3 billion and making tax increases unnecessary. Instead, politicians are:. EXTORTING families to pay another $175 in new taxes;. THREATENING county taxpayers;. SEIZING local property taxes;. DESTROYING Proposition 13 taxpayer protections in the Constitution, and;. SUSPENDING our right to a fair and impartial ballot summary.

Had enough?VOTE NO ON PROPOSITION 172.

Rebuttal to Argument Against Proposition 172

THE ARGUMENT AGAINST PROPOSITION 172 IS FILLED WITH INACCURATE AND UNTRUE STATEMENTS

1. Proposition 172 does not raise any tax or create any new tax. It deposits one half cent of the state sales tax you are paying right now into the Local Public Safety Fund to be used for sheriffs, police, fire protection, district attorneys and jails.

2. Your right to an impartial analysis was not suspended. The ballot title and summary in this official voter pamphlet was provided by the Attorney General. The statement of financial impact was written by the nonpartisan Legislative Analyst--the same as for every other ballot proposition. It is fair and impartial.

3. Proposition 172 was placed on the ballot at the request of sheriffs, police, firefighters and district attorneys. If it is defeated, these vital services will face approximately 1.4 billion dollars in cuts. You cannot expect the state legislature to prevent these cuts. If your home is on fire, a burglar enters in the middle of the night, or a drunk driver is endangering your life, will you call the state legislature . . . or will you dial 911 and hope your sheriff, police or fire department has the resources to respond in time?

DON'T GAMBLE WITH THE SAFETY OF YOUR FAMILY.Join with Mothers Against Drunk Driving, Memory of Victims Everywhere, and every major public safety organization.

Vote YES on Proposition 172.

Proposition 172: Text of Proposed Law

This amendment proposed by Senate Constitutional Amendment 1 (Statutes of 1993, Resolution Chapter 41) expressly amends the Constitution by adding a section thereto; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new.

PROPOSED AMENDMENT TO ARTICLE XIII

SEC. 35.

(a) The people of the State of California find and declare all of the following: 

 (1) Public safety services are critically important to the security and well-being of the State's citizens and to the growth and revitalization of the State's economic base. 

(2) The protection of the public safety is the first responsibility of local government and local officials have an obligation to give priority to the provision of adequate public safety services.

(3) In order to assist local government in maintaining a sufficient level of public safety services, the proceeds of the tax enacted pursuant to this section shall be designated exclusively for public safety.

(b) In addition to any sales and use taxes imposed by the Legislature, the following sales and use taxes are hereby imposed:(

1) For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers at the rate of percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in this State on and after January 1, 1994.

(2) An excise tax is hereby imposed on the storage, use, or other consumption in this state of tangible personal property purchased from any retailer on and after January 1, 1994, for storage, use, or other consumption in this State at the rate of percent of the sales price of the property.

(c) The Sales and Use Tax Law, including any amendments made thereto on or after the effective date of this section, shall be applicable to the taxes imposed by subdivision (b).

(d)

(1) All revenues, less refunds, derived from the taxes imposed pursuant to subdivision (b) shall be transferred to the Local Public Safety Fund for allocation by the Legislature, as prescribed by statute, to counties in which either of the following occurs:

(A) The board of supervisors, by a majority vote of its membership, requests an allocation from the Local Public Safety Fund in a manner prescribed by statute.

(B) A majority of the county's voters voting thereon approve the addition of this section.

(2) Moneys in the Local Public Safety Fund shall be allocated for use exclusively for public safety services of local agencies.

(e) Revenues derived from the taxes imposed pursuant to subdivision (b) shall not be considered proceeds of taxes for purposes of Article XIII B or state General Fund proceeds of taxes within the meaning of Article XVI.

(f) Except for the provisions of Section 34, this section shall supersede any other provisions of this Constitution that are in conflict with the provisions of this section, including, but not limited to, Section 9 of Article II.