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Tag: Prop 13

July 07, 2017

Courts should look to voters’ intent when interpreting constitutional limitations on taxation

Yesterday, Pacific Legal Foundation, along with the Howard Jarvis Taxpayers Association and the Green Valley Hospital, filed an amicus brief in support of a group of Arizona legislators who are challenging the imposition of a hospital tax to pay for state Medicaid expansion. The charge at issue, which was passed by a simple majority of ...

April 15, 2017

Weekly litigation report — April 15, 2017

Opposition to Assembly Bill that would gut protections for coastal homeowners Golden parakeet should fly off endangered species list Taxpayer victory in San Diego over union objections Notice of appeal filed in cap-and-trade case Public trust case goes to the Indiana Supreme Court Opposing government-sanctioned trespass in Florida Florida Supreme C ...

September 26, 2014

Arizona can't avoid a supermajority voting requirement just because it wants to

Today we filed an amicus brief in a case challenging Arizona's Medicaid expansion.  Like California (and many other states), Arizona's constitution requires that all taxes be passed by a supermajority vote—in this case, 2/3 of the legislature.  The Medicaid expansion included a tax on hospitals in order to pay for the program, but the Arizona ...

August 07, 2014

Special taxes and voter approval

This week, the California Court of Appeal, in City of San Diego v. Shapiro, overturned a special tax approved by the City of San Diego to help finance a potential expansion of the San Diego Convention Center.  The tax was approved not by the City’s electorate but rather by the owner and lessees of land ...

April 05, 2013

Finding one's way out of a paper bag . . . tax

Usually in California, when the state or a local government passes a law that requires citizens to pay a charge for something, a debate ensues about whether the charge is a tax or a fee.  Under the California Constitution, as amended by Proposition 26 in 2010, new local taxes must be passed by the voters ...