California Proposition 65 (2004)

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Proposition 65 was a California ballot proposition on the November 2, 2004 ballot. It failed to pass with 3,901,748 (37.6%) votes in favor and 6,471,506 (62.4%) against. It was a state constitutional amendment that would have required voter approval for any state legislation reducing certain local government revenues from January 2003 levels. It was officially known as the Local Taxpayers and Public Safety Protection Act.

California ballot proposition statewide referendum item in California

In California, a ballot proposition can be a referendum or an initiative measure that is submitted to the electorate for a direct decision or direct vote. If passed, it can alter one or more of the articles of the Constitution of California, one or more of the 29 California Codes, or another law in the California Statutes by clarifying current or adding statute(s) or removing current statute(s).

A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions (codicils), thus changing the frame of government without altering the existing text of the document.

Local government in the United States governmental jurisdictions below the level of the state

Local government in the United States refers to governmental jurisdictions below the level of the state. Most states and territories have at least two tiers of local government: counties and municipalities. In some states, counties are divided into townships. There are several different types of jurisdictions at the municipal level, including the city, town, borough, and village. The types and nature of these municipal entities vary from state to state.

Local governments (cities and counties) in California primarily receive their revenue from three sources: property taxes, local sales taxes, and the vehicle license fees. Proposition 65 was born out of frustration from local governments as the California state government increasingly used local revenues to pay for state government programs, especially during tough financial times.

A property tax or millage rate is an ad valorem tax on the value of a property, usually levied on real estate. The tax is levied by the governing authority of the jurisdiction in which the property is located. This can be a national government, a federated state, a county or geographical region or a municipality. Multiple jurisdictions may tax the same property. This tax can be contrasted to a rent tax which is based on rental income or imputed rent, and a land value tax, which is a levy on the value of land, excluding the value of buildings and other improvements.

A sales tax is a tax paid to a governing body for the sales of certain goods and services. Usually laws allow the seller to collect funds for the tax from the consumer at the point of purchase. When a tax on goods or services is paid to a governing body directly by a consumer, it is usually called a use tax. Often laws provide for the exemption of certain goods or services from sales and use tax.

Vehicle registration plate metal or plastic identification plate attached to a motor vehicle or trailer

A vehicle registration plate, also known as a number plate or a license plate, is a metal or plastic plate attached to a motor vehicle or trailer for official identification purposes. All countries require registration plates for road vehicles such as cars, trucks, and motorcycles. Whether they are required for other vehicles, such as bicycles, boats, or tractors, may vary by jurisdiction. The registration identifier is a numeric or alphanumeric ID that uniquely identifies the vehicle owner within the issuing region's vehicle register. In some countries, the identifier is unique within the entire country, while in others it is unique within a state or province. Whether the identifier is associated with a vehicle or a person also varies by issuing agency. There are also electronic license plates.

Proponents of the proposition ultimately used it as a bargaining tool to negotiate an agreement with Governor Arnold Schwarzenegger and the California State Legislature on protecting local government revenues. The result was the compromise Proposition 1A on the same ballot, which provided more flexible terms and deferred its restrictions until 2006. As a result, previous proponents of Proposition 65 dropped their support in favor of Proposition 1A.

Arnold Schwarzenegger Austrian-American actor, businessman, bodybuilder and politician

Arnold Alois Schwarzenegger is an Austrian-American actor, filmmaker, businessman, author, philanthropist, activist, politician, and former professional bodybuilder and powerlifter. He served as the 38th Governor of California, from 2003 to 2011.

California State Legislature state legislature of the U.S. state of California

The California State Legislature is a bicameral legislature consisting of a lower house, the California State Assembly, with 80 members; and an upper house, the California State Senate, with 40 members. Both houses of the Legislature convene at the California State Capitol in Sacramento. The California State Legislature is one of just ten full-time state legislatures in the United States.

This proposition conflicted with the provisions of Proposition 1A on the same ballot. The California Constitution provides that if the provisions of two approved propositions are in conflict, only the provisions of the measure with the higher number of "yes" votes at the statewide election take effect. (Since Prop 65 did not pass, the issue was moot.)

Official summary

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

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1978 California Proposition 13 1978 California voter initiative on property taxation

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2004 California Proposition 1A about protecting local funding being repurposed for state usage

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Sales and use taxes in California are among the highest in the United States and are imposed by the state and local governments. From a tax terminology perspective, sales taxes are a proportional tax; though because of the fact that lower income earners may pay a greater percentage of their earnings to sales taxes than higher income earners, sales tax can also be described as a regressive tax. Local sales tax increases create geographical variations in sales tax rates which can place some local businesses at a competitive disadvantage.

1996 California Proposition 218 (Local Initiative Power)

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