Category: Measures

County campaign finance reform initiative

In November 1996, County voters approved by a 75%-25% margin Yaroslavsky’s proposal to enact the first comprehensive Countywide political campaign reform ordinance.

Key elements of the measure include:

– voluntary limits on expenditures
– mandatory limits on the amount any one person can contribute to a campaign, which vary depending on the candidate’s acceptance of voluntary expenditure limits
– “level playing-field” provisions which provide for flexible expenditure and contribution limits dependent on the amount of personal funds committed by rival candidates prohibitions on PAC contributions, unless by a “small-contributor committee”
– prohibitions on lobbyist contributions
– establishment of strict fundraising “windows” to prohibit year-round fundraising
– limits on officeholder account contributions and spending
– limits on attorney-fee account contributions and spending

An ordinance amending the Los Angeles County Code relating to the conduct of political campaigns for County offices.

The People of the County of Los Angeles ordain as follows:

SECTION 1: Chapter 2.190 is added to the Los Angeles County Code to read as follows:

Chapter 2.190

Political Campaigns for County Offices

2.190.010. Findings. The people of the County of Los Angeles find that as the cost of campaigning for county office increases, there is the need to raise larger and larger amounts of money, much of which may come from interest groups with a stake in matters pending before county officers. While citizens of the county should be allowed to make financial contributions to political campaigns for county offices as a legitimate form of participation in the political process, there is a need to reduce the opportunity for persons or organizations to use their financial strength to attempt to exercise control over candidates and the electoral process.

2.190.020. Purpose and Declaration of Intent. The purpose of this ordinance is to reduce the opportunity for corruption of the political process by establishing rules for the conduct of political campaigns for county offices. In recognition that the courts have limited the ability of the government to place mandatory ceilings on either overall campaign expenditures or the expenditure by a candidate of his or her personal funds, it is the intent of this ordinance to establish voluntary limits on such expenditures.

This ordinance also establishes mandatory limits on the amount any one person can contribute to a campaign, the level of which varies based upon the extent to which the candidates for a particular office have agreed to be bound by the voluntary expenditure limits. It is not the intent of this ordinance that it have any impact, or place any limits, on recall election campaigns.

2.190.030. Definitions. The following phrases, whenever used in this chapter, shall be construed as defined in this section:

“Bundling of contributions” shall mean the making of contributions to a candidate through another person or entity who acts as an intermediary or conduit.

“Campaign expenditure” shall mean any “expenditure” as that term is defined in Government Code section 82025 which is made by a candidate or his or her controlled committee in furtherance of that candidate’s effort to be elected to a county office. Campaign expenditures occurring at any time up to and including the date of the primary election, even if prior to the filing for office, shall be considered campaign expenditures related to the primary election. If the candidate is a candidate in the general election, campaign expenditures occurring after the date of the primary election shall be considered campaign expenditures related to the general election, except to the extent any expenditure is to repay a debt incurred for the primary election prior to the primary election, in which case the expenditure will be a campaign expenditure related to the primary election.

“Candidate” shall mean an individual, with regard to any primary or general election for either a county-wide office or supervisor, who is listed on the ballot or who has qualified to have write-in votes on his or her behalf counted by election officials or who receives a contribution or makes any expenditure with a view to bringing about his or her nomination or election.

“Committee” shall have the meaning set forth in Government Code section 82013.

“Contribution” shall have the meaning set forth in Government Code section 82015, except that as used in this chapter, “contribution” shall also include a loan or an extension of credit for a period of more than 30 days, other than loans or extensions of credit from financial institutions which are given in the regular course of business upon terms and conditions generally available to other customers of that financial institution.

“Controlled committee” shall have the meaning set forth in Government Code section 82016.

“County-wide office” shall mean the sheriff, the district attorney and the assessor of the County of Los Angeles.

“Registrar-recorder” shall mean the registrar-recorder/county clerk for the County of Los Angeles.

“Personal funds of the candidate” shall mean both the community and separate property of the candidate. “Personal funds of the spouse of the candidate” shall mean only the separate property of the spouse.

“Political action committee” shall mean any “general purpose committee” as that term is defined by Government Code section 82027.5.

“Political party” shall mean any “qualified party” as described in Elections Code section 5100.

“Primary election” shall also include a special election, and “general election” shall also include the runoff for a special election.

“Person” shall have the meaning set forth in Government Code section 82047.

“Small contributor committee” shall mean any committee which meets all of the following criteria:

It has membership of at least 100 individuals;

All contributions it receives from any one person in a calendar year total $50 or less;

It has been in existence at least six months;

It is not a candidate controlled committee.

“Supervisor” shall mean a member of the board of supervisors of the County of Los Angeles.
2.190.040. Contribution Limits.

Except as otherwise provided in subsection B or section 2.190.070, no person shall make to any candidate or any candidate’s controlled committee, and no candidate or his or her controlled committee shall solicit or accept, any contribution from any person which exceeds $200 for each primary election campaign and $200 for each general election campaign.

Except as otherwise provided in section 2.190.070, if either in a primary election campaign or in a general election campaign, a candidate commits to and does not exceed the voluntary expenditure limit set forth in section 2.190.050, the contribution limits set forth in subsection A shall be increased to $1,000 for that primary or that general election campaign.

2.190.050. Voluntary Expenditure Limit.

For each primary and for each general election for each county office, there shall be a voluntary expenditure limit on total campaign expenditures by each candidate. At least 60 days prior to the close of candidate filing for each primary election, the registrar-recorder shall calculate and make available to all interested persons the amount of the voluntary expenditure limit for each county office which will be on the primary election ballot. The amount so calculated shall be the amount of the voluntary expenditure limit for each candidate in the primary election. If there is a need for a general election, there shall be a separate voluntary expenditure limit for that election, but the dollar amount of the voluntary expenditure limit for the general election shall be the same as that applicable to the primary election. The amount of the voluntary expenditure limit which shall be applicable separately to each primary and each general election shall be calculated as follows:

For each county-wide office the voluntary expenditure limit shall be $.25 per resident of the County as shown in the most recent federal decennial census.

For supervisor the voluntary expenditure limit shall be $.75 per resident of the applicable supervisorial district as shown in the most recent federal decennial census.

Each candidate shall file a declaration with the registrar-recorder no later than the close of filing for a primary election, and no later than thirty days after the primary election for a general election, stating whether the candidate agrees to be bound by the voluntary expenditure limit for the applicable primary or general election campaign of that candidate. If a candidate agrees to be bound by the voluntary expenditure limit for a primary or for a general election campaign, the total expenditures by that candidate and his or her controlled committee for the applicable primary or general election campaign shall not exceed the voluntary expenditure limit.

2.190.060. Contribution of Candidate’s Personal Funds.

The contribution limits set forth in section 2.190.040 shall not apply to the personal funds of the candidate, but shall apply to the personal funds of the spouse of the candidate. However, no candidate shall personally make outstanding loans to his or her campaign for county office or to that candidate’s controlled committee which total at any one point in time more than $20,000. Any contribution made to a candidate or to his or her controlled committee from the community property of the candidate and his or her spouse shall be considered a contribution from the personal funds of the candidate. While there is no mandatory limit, other than the loan limitation, under this chapter on the contribution of the personal funds of the candidate to his or her campaign for county office, a candidate may voluntarily agree to limit his or her contribution of personal funds, as set forth in this section.

Along with the declaration required by subsection B of section 2.190.050, for each primary and for each general election, each candidate shall declare under penalty of perjury that he or she will commit to one of the following options relating to the contribution of the personal funds of the candidate to his or her campaign for county office:
That during the primary or the general election, whichever is applicable, the candidate will not make a total contribution of the personal funds of the candidate to his or her campaign for county office exceeding $100,000. This option shall be known as the “$100,000 personal funds limit option.”

That during the primary or the general election, whichever is applicable, the candidate will not make a total contribution of the personal funds of the candidate to his or her campaign for county office exceeding $300,000. This option shall be known as the “$300,000 personal funds limit option.”

That during the primary or the general election, whichever is applicable, the candidate will not agree to any limitation on the total contribution of the personal funds of the candidate to his or her campaign for county office. This option shall be known as the “unlimited personal funds option.”
In each primary election and in each general election, no candidate for county office who commits to either the $100,000 personal funds limit option or the $300,000 personal funds limit option shall contribute an amount of the personal funds of the candidate to his or her campaign for county office which exceeds the applicable limit to which the candidate has voluntarily committed.

In each primary election and in each general election, each candidate for county office who has chosen the $300,000 personal funds limit option, within 10 days after filing his or her declaration with the registrar-recorder as set forth in subsection B, shall actually contribute an amount which is in excess of $100,000 of the personal funds of that candidate to his or her campaign for county office by depositing such an amount in his or her campaign account. Within 24 hours after making such a deposit of the personal funds of the candidate in his or her campaign account, the candidate shall file with the registrar-recorder, under penalty of perjury, a declaration stating that he or she has made such a deposit of his or her personal funds.

In each primary election and in each general election, each candidate for county office who has chosen the unlimited personal funds option, within 10 days after filing his or her declaration with the registrar-recorder as set forth in subsection B, shall actually contribute an amount which is in excess of $300,000 of the personal funds of that candidate to his or her campaign for county office by depositing such an amount in his or her campaign account. Within 24 hours after making such a deposit of the personal funds of the candidate in his or her campaign account, the candidate shall file with the registrar-recorder, under penalty of perjury, a declaration stating that he or she has made such a deposit of his or her personal funds.

2.190.070. Interrelationship of Contribution and Expenditure Limits.

If either in a primary or in a general election any candidate for a particular county office actually makes contributions of the personal funds of the candidate to his or her campaign for county office which exceed $100,000, for that primary or that general election, for each other candidate for that office who has committed to the voluntary expenditure limit set forth in section 2.190.050 and who has chosen the $100,000 personal funds limit option, the contribution limit shall be increased to ten times the amount in subsection B of section 2.190.040.

Notwithstanding subsection A, if either in a primary or in a general election any candidate for a particular county office actually makes contributions of the personal funds of the candidate to his or her campaign for county office which exceed $300,000 for that primary or that general election, for each other candidate for that office who has both committed to the voluntary expenditure limit set forth in section 2.190.050 and chosen the $100,000 personal funds limit option, the otherwise applicable contribution limit as set forth in subsection B of section 2.190.040 shall be removed.

If either in a primary or in a general election any candidate for a particular county office has chosen the $100,000 personal funds limit option but has declined to be bound by the voluntary expenditure limit set forth in section 2.190.050, at such point in time when the total expenditures of that candidate and his or her controlled committee exceed an amount equal to 75% of the voluntary expenditure limit set forth in section 2.190.050 applicable to that office for that election, the voluntary expenditure limit for each other candidate running for that same office in that same election who has agreed to be bound by the voluntary expenditure limit shall be double the amount set forth in section 2.190.050.

If either in a primary or in a general election any candidate for a particular county office has chosen either the $300,000 personal funds limit option or the unlimited personal funds option, and that candidate has also declined to commit to the voluntary expenditure limit set forth in section 2.190.050, no other candidate for that office in that same primary or general election shall be bound by any voluntary expenditure limit to which he or she has otherwise committed. When voluntary expenditure limits are removed under this subsection, any candidate who had agreed to a voluntary expenditure limit under section 2.190.050 shall continue to be bound by the contribution limit set forth in subsection B of section 2.190.040, unless that limit is removed by some other provision of this chapter.

2.190.080. Bundling of Contributions and Contributions from Committees.

The bundling of contributions to a candidate or to his or her controlled committee is prohibited.

Except as otherwise provided in this section, contributions from any committee, except from a committee as described in subdivision (c) of Government Code section 82013 or from a political action committee which qualifies as a small contributor committee, to a candidate or to his or her controlled committee are prohibited.
Contributions from any political party to a candidate or to his or her controlled committee are prohibited.

Except as otherwise provided in this section, contributions from a committee as described in subdivision (c) of Government Code section 82013 or from a political action committee which qualifies as a small contributor committee to a candidate or to his or her controlled committee shall be limited in the same manner as contributions from individuals.

Notwithstanding subsections B through D, if either in a primary or in a general election any candidate for a particular county office actually makes contributions of the personal funds of the candidate to his or her campaign for county office which exceed $100,000, for that primary or that general election, for each other candidate for that office who has committed to the voluntary expenditure limit set forth in section 2.190.050 and who has chosen the $100,000 personal funds limit option, any committee, including, but not limited to, any political action committee and any small contributor committee, may make, and such candidate may solicit and accept, contributions to such candidate for that election, but the total of all contributions for that election from any one committee to any one candidate may not exceed $10,000.

Notwithstanding subsections B through E, if either in a primary or in a general election any candidate for a particular county office actually makes contributions of the personal funds of the candidate to his or her campaign for county office which exceed $300,000, for that primary or that general election, for each other candidate for that office who has committed to the voluntary expenditure limit set forth in section 2.190.050 and who has chosen the $100,000 personal funds limit option, any committee, including, but not limited to, any political action committee and any small contributor committee, may make, and such candidate may solicit and accept, contributions to such candidate for that election, and there shall be no contributions limit on such contributions.

2.190.090. Fundraising Time Limits.

Neither a candidate for a county-wide office nor his or her controlled committee may accept contributions for either his or her primary election campaign or his or her general election campaign earlier than 18 months prior to the applicable primary or general election or later than six months after that primary or general election.
Neither a candidate for supervisor nor his or her controlled committee may accept contributions for either his or her primary election campaign or his or her general election campaign earlier than 15 months prior to the applicable primary or general election or later than six months after that primary or general election.

2.190.100. Officeholder Accounts. Each person holding a county office is allowed one segregated officeholder account which shall be subject to the following restrictions:

No county officeholder shall accept contributions to nor make expenditures from his or her officeholder account which total more than $75,000 in any calendar year.

No county officeholder who is a candidate for county office in a primary election shall make any expenditures whatsoever from his or her officeholder account during the period beginning six months prior to that primary election and ending on the day after that primary election if the officeholder is not a candidate in the general election, or ending on the day after the general election if the officeholder is a candidate in the general election.

No person shall contribute to the officeholder account of any county officer in excess of $1,000 in any calendar year. Said amount shall be in addition to any applicable limits on campaign contributions set forth in this chapter.

Surplus campaign funds related to an election to county office which were accumulated prior to November 5, 1996, may be transferred by the candidate to his or her officeholder account. After November 5, 1996, a maximum of $10,000 of surplus campaign funds from each primary and each general election campaign may be transferred by the candidate to his or her officeholder account. Surplus campaign funds transferred to an officeholder account as allowed by this section shall not count toward the contribution limits in this section.

Officeholder account funds may be expended or disbursed for the purposes for which campaign funds may be expended or disbursed as set forth in Article 4 (beginning with section 89510) of Chapter 9.5 or Title 9 of the Government Code, except that officeholder account funds shall only be used for expenses related to assisting, serving or communicating with constituents, or with carrying out the official duties of the elected county officer and may not be used to pay expenses related to a campaign for county office of an officeholder who is a candidate for county office.

2.190.110. Attorney’s Fees Fund. Persons who hold county office or who are or were candidates for county office may maintain a fund, separate from campaign funds and any officeholder account, to pay attorney’s fees to defend actions related to holding county office or running for county office, or for the purpose of obtaining advice regarding the administration of this or other campaign laws. There shall be no expenditure limit on any such fund, but no person maintaining such a fund may accept as a contribution to such fund more than $1,000 per calendar year from any person. Surplus campaign funds related to an election to county office which were accumulated prior to November 5, 1996, may be transferred by the candidate to his or her attorney’s fees fund, and any such transfer will not count toward the contribution limits in this section.

2.190.120. Distribution of Excess Funds. Excess funds in the campaign account of a candidate for county office, or in an officeholder account or an attorney’s fees fund allowed by this chapter, may, in addition to any other method allowed by law, be disposed of by contribution to a bona fide charitable, educational, civic, religious, or similar tax-exempt, nonprofit organization, where no substantial part of the proceeds will have a material financial effect on the candidate for county office, county officeholder, his or her campaign treasurer, any individual or individuals with authority to approve the expenditure of campaign funds, officeholder account funds or attorney’s fees funds, or a member of his or her immediate family. If a candidate in a primary election becomes a candidate in the general election for that office, excess funds from the primary campaign may be carried over for use in that candidate’s general election campaign and all expenditure and contribution limits will continue to apply as if no funds were carried over.

2.190.130. Lobbyist Contributions. No county official or candidate for county office shall knowingly solicit or accept any contribution to his or her campaign for county office or to his or her officeholder account or attorney’s fees fund from any person or firm who is registered under chapter 2.160 as a county lobbyist or county lobbying firm or who has been so registered at any time in the previous 12 months.

2.190.140. Violations and Enforcement.

Any person who knowingly violates any provision of this chapter, is guilty of a misdemeanor which may be punished by imprisonment in the county jail for not exceeding six months, or by a fine not exceeding $1,000, or by both.

In addition to the penalty set forth in subsection A, any violation of this chapter shall be subject to a civil penalty of up to three times the amount by which any applicable expenditure or contribution limit has been exceeded or $5,000, whichever is greater.

This chapter shall be administered by the registrar-recorder who shall recommend rules governing this chapter. Such rules shall be effective if approved by a majority vote of the board or supervisors.

The registrar-recorder and the district attorney shall receive and investigate complaints that a person has violated a provision of this chapter. When the registrar-recorder has evidence of a violation of this chapter, he or she may refer the matter to the district attorney, who shall have authority to seek the imposition of any penalty allowed by this section.

Any person residing in the county may bring a civil action to enjoin violations of this chapter or to compel compliance with any provision of this chapter by following the procedures set forth in Government Code sections 91003 et. seq., except that the civil prosecutor shall be the district attorney.
Within 60 days after the enactment of this chapter the registrar-recorder and the district attorney shall each designate persons within their respective offices who will be responsible for the enforcement and administration of the duties assigned to them under this chapter. Nothing in this chapter shall preclude the county from contracting with a state agency to administer and/or enforce any provision of this chapter.
2.190.150. Amendment.

This chapter may be amended only if the amendment is approved by at least a four-fifths vote of the board of supervisors and only as follows:

To increase the various contribution and expenditure limits to reflect equivalent increases in the cost of living;

The amendment is necessary to make this chapter consistent with state law or judicial actions interpreting this or similar laws; or
If the board of supervisors finds that the amendment otherwise furthers the purposes of this chapter.

2.190.160. Severability.

Notwithstanding section 2.190.070 or any other provision of this chapter, if any provision of this chapter, or its application to any person or circumstance, is held invalid, the remainder of this chapter to the extent it can be given effect, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this extent the provisions of this chapter are severable.

If the voluntary expenditure limits set forth in section 2.190.050 are held invalid, the contribution limit set forth in subsection B of section 2.190.040 shall apply unless the board of supervisors by at least a four-fifths vote sets the amount at a higher level.

Park, beach, & recreation bond initiative

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The Metropolitan Transportation Authority (MTA) reform and accountability act of 1998

The people of the Los Angeles County Metropolitan Transportation Authority (MTA) do ordain as follows:

Section 1. Title

This Ordinance shall be known and may be cited as the Metropolitan Transportation Authority (MTA) Reform and Accountability Act of 1998 (“Act”).

Section 2. Ballot Language

The Proposition for approving this Ordinance shall appear upon the ballot exactly as follows:
PROPOSITION ___, METROPOLITAN TRANSPORTATION AUTHORITY (MTA) REFORM AND ACCOUNTABILITY ACT OF 1998. Shall the ordinance be adopted to require an annual independent audit of Metropolitan Transportation Authority spending of transportation sales tax revenues, to establish an independent citizens’ oversight committee to monitor such spending, and to prohibit the use of transportation sales tax revenues for future subway construction?

Section 3. Purpose and Intent

The people of the County of Los Angeles hereby declare their purpose and intent in enacting this Act to be as follows:

a. To restore the confidence of the citizens of Los Angeles County in the ability of their government to provide a safe, efficient and cost-effective public transportation system.

b. To provide accountability in the expenditure of transportation sales tax revenues through an annual independent audit, and through creation of an Independent Citizens’ Advisory Oversight Committee to review transportation sales tax expenditures, hold public hearings and issue reports thereon.

c. To prohibit the use of any transportation sales tax revenues for planning, designing, constructing or operating any new subway.

Section 4. Definitions

a. “Commission” means the Los Angeles County Transportation Commission, as predecessor to the Metropolitan Transportation Authority.

b. “Effective Date” means the date on which this Act is approved by a majority of the electors voting on it at an election as provided by law.

c. “MOS-1″ means that segment of the Metro Red Line known as Minimum Operable Segment-1, consisting of a 4.4-mile segment of the Metro Red Line including passenger vehicles, fare collection equipment, automatic train control equipment, yards and shops required for the full construction of the Metro Red Line alignment and five stations located between Union Station and Alvarado Street.

d. “MOS-2″ means that segment of the Metro Red Line known as Minimum Operable Segment-2, totaling 6.7 miles in length, consisting of a westward extension from the end of MOS-1 to Vermont Avenue, and thereafter splitting into a west branch which continues west under Wilshire Boulevard to Western Avenue, and a north branch which continues under Vermont Avenue to Hollywood Boulevard and Vine Street.

e. “MOS-3-North Hollywood” means only that portion of the segment of the Metro Red Line known as Minimum Operable Segment-3 which begins at the end of the north branch of MOS-2 in Hollywood (Hollywood Boulevard and Vine Street) and continues generally northward to Lankershim Boulevard and Chandler Boulevard.

f. “MTA” means the Los Angeles County Metropolitan Transportation Authority.

g. “New Subway” means any Subway (including any extension or operating segment thereof) other than MOS-1, MOS-2 and MOS-3-North Hollywood.

h. “Proposition A” means Ordinance No. 16 of the Commission adopted on August 20, 1980, and approved by the voters on November 4, 1980.

i. “Proposition C” means Ordinance No. 49 of the Commission adopted on August 8, 1990, and approved by the voters on November 6, 1990.

j. “Proposition A Sales Tax” means the ½ cent retail transactions and use tax imposed pursuant to Proposition A.

k. “Proposition C Sales Tax” means the ½ cent retail transactions and use tax imposed pursuant to Proposition C.

l. “Subway” means that part of any rail line which is in a tunnel below the grade level of the earth’s surface.

m. “Committee” shall mean the Independent Citizens’ Advisory and Oversight Committee established pursuant to this Act.

Section 5. Independent Audit

a. Within 45 days after the Effective Date, the MTA shall contract for an independent audit to be conducted by an independent auditing firm, such audit to be concluded not later than June 1, 1999, for the purpose of determining compliance by the MTA with the provisions of Proposition A, Proposition C and this Act relating to the receipt and expenditure of Proposition A Sales Tax revenues and Proposition C Sales Tax revenues. This audit shall cover the period from the respective effective dates of Proposition A and Proposition C through June 30, 1998.

b. Commencing with the 1998-99 fiscal year, the MTA shall contract for an annual independent audit to be conducted by an independent auditing firm, each such audit to be completed within six months after the end of the fiscal year being audited, for the purpose of determining compliance by the MTA with the provisions of Proposition A, Proposition C and this Act relating to the receipt and expenditure of Proposition A Sales Tax revenues and Proposition C Sales Tax revenues during such fiscal year.

c. Prior to entering into a contract with an auditing firm to perform any audit required under this Section 5, the MTA shall solicit bids from at least three qualified firms and shall award the contract to the firm offering to perform the audit at the lowest price. Notwithstanding any other provision of law, the cost of performing and publishing the audit of Proposition A Sales Tax shall be paid from Proposition A Sales Tax revenues, and the cost of performing and publishing the audit of Proposition C Sales Tax shall be paid from Proposition C Sales Tax revenues.

Section 6. Independent Citizens’ Advisory and Oversight Committee

a. There is hereby established the Independent Citizens’ Advisory and Oversight Committee of the MTA. The Committee shall meet at least twice each year to carry out the purposes of this Act.

The Committee shall be comprised of five persons, selected as follows: one member shall be appointed by the Chair of the Los Angeles County Board of Supervisors; one member shall be appointed by the Chair of the governing board of the MTA; one member shall be appointed by the Mayor of the City of Los Angeles; one member shall be appointed by the Mayor of the City of Long Beach; and one member shall be appointed by the Mayor of the City of Pasadena. The members of the Committee must be persons who live in Los Angeles County. No elected city, county, special district, state or federal public officeholder will be eligible to serve as a member of the Committee.

All meetings of the Committee shall be held within Los Angeles County. All meetings of the Committee shall be held in compliance with the provisions of the Ralph M. Brown Act (Section 54950 et seq. of the California Government Code).
Each member of the Committee shall serve for a term of two years, and until a successor is appointed. No member of the Committee shall be entitled to any compensation, except that the Committee may reimburse actual expenses of members arising out of the performance of their duties as Committee members.

b. The independent auditing firm referenced in Section 5 shall present the results of each audit to the Committee which shall cause a summary of the audit to be published in local newspapers and the entire audit to be made available to every library located within Los Angeles County for public review. The Committee shall hold a public hearing on each audit and report the comments of the public to the MTA. Within 60 days of receipt of the report from the Committee, the MTA shall prepare a report containing its response to the audit and to the public comments thereon.

Section 7. Prohibition on New Subways

Notwithstanding any other provision of law, Proposition A Sales Tax revenues and Proposition C Sales Tax revenues shall not be used to pay any cost of planning, design, construction or operation of any New Subway (including debt service on bonds, notes or other evidences of indebtedness issued for such purposes after March 30, 1998). Nothing in this section shall be construed to prohibit the use of such tax revenues on or after the Effective Date of this Act to pay debt service on bonds, notes or other evidences of indebtedness issued prior to March 30, 1998, or on bonds issued to refund such debt.

Section 8. Construction of Prior Ordinances

Commencing on the Effective Date, the MTA shall, at least annually, comply with the revenue allocation percentages set forth in Section 5(c) of Proposition A and Section 4(b) of Proposition C, such compliance to be determined as part of the annual audit described in Section 5 of this Act. The MTA may, by resolution, adopt a compliance period shorter than an entire fiscal year, but may not adopt a longer compliance period.

Section 9. Improvement of Railroad Rights-of-Way

Notwithstanding any other provision of law, Proposition C Sales Tax revenues required to be used to provide essential county-wide transit-related improvements to freeways and State highways may also be used to provide public mass transit improvements to railroad rights-of-way.

Section 10. Effective Date of Act

This Act shall be enacted and take effect immediately on the Effective Date.
Section 11. Construction of Act

This Act is intended to be construed liberally to effectuate its purpose of prohibiting the use of sales tax revenues to fund New Subways.

Section 12. Effect on Existing Ordinances

Proposition A and Proposition C shall remain in full force and effect, except as provided in this Act, and in the event of any conflict between the provisions of Proposition A or Proposition C, respectively, and this Act, the provisions of this Act shall control.

Section 13. Severability Clause

If any provision of this Act, or part thereof, is for any reason held to be invalid, illegal or unconstitutional, the remainder of this Act shall not be affected, but shall remain in full force and effect, and to such end the provisions of this Act are severable.

Trauma and emergency services tax measure

In November 2002, County voters approved by a 73%-27% margin Yaroslavsky’s proposal to enact a 3 cents/sq.ft. parcel tax on improvements (buildings) to fund trauma and emergency services and bioterrorism preparedness efforts Countywide. The measure is expected to yield some $168 million annually, and represents the first increase in the base property tax approved by voters since the enactment of Proposition 13 in 1978.

RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES PROVIDING FOR AND GIVING NOTICE OF A SPECIAL TAX ELECTION TO BE
HELD IN THE COUNTY OF LOS ANGELES ON NOVEMBER 5, 2002, AND CONSOLIDATING THE
SPECIAL TAX ELECTION WITH OTHER ELECTIONS TO BE HELD ON NOVEMBER 5, 2002

WHEREAS, the Board of Supervisors recognizes that it is necessary and desirable that the County of Los Angeles (the “County”) levy a special tax within the County to provide funding for the Countywide System of Trauma Centers, Emergency Medical Services, and Bioterrorism Response; and

WHEREAS, the Board of Supervisors deems it necessary and essential to submit the question of a special tax to the qualified voters within the County at a special tax election to be held on November 5, 2002, and to consolidate such election with the other elections to be held on that date;

NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Los Angeles as follows:

Section 1. A special tax election shall be held and the same is hereby called and ordered to be held in the County on the 5th day of November, 2002, for the purpose of submitting to the voters of the County the question of a special tax to be levied by the County in the amounts and for the purposes hereinafter set forth.

Section 2. Commencing with Fiscal Year 2003-2004, an annual special tax to raise revenue to support the Countywide System of Trauma Centers, Emergency Medical Services, and Bioterrorism Response, is hereby imposed upon all improved parcels located within the County of Los Angeles. For the initial fiscal year, July 1, 2003 to June 30, 2004, the special tax shall be the sum of 3 cents per square foot of structural improvements, excluding the square footage of improvements used for parking. For each fiscal year after 2003-2004, the Board of Supervisors shall by majority vote set the rate of the tax; however, in any fiscal year the rate may be set no higher than the amount of 3 cents per square foot, as adjusted by the cumulative increases, if any, to the medical component of the Western Urban Consumer Price Index from July 1, 2003, as established by the United States Bureau of Labor Statistics. If for any fiscal year the Board fails to set the rate, the tax shall continue at the same rate as the preceding year.

Section 3. As used in this resolution, the “Countywide System of Trauma Centers” refers to that System coordinated by the Department of Health Services, consisting of both public and privately operated resources, that seeks to build and sustain a Countywide system of prehospital and hospital trauma care including care provided in, or en route to, from, or between acute care hospitals, Trauma Centers, or other health care facilities. The funds raised by this tax will be used, in part, to maintain all aspects of the Countywide System of Trauma Centers; to expand the System to cover all areas of the County; to provide financial incentives to keep existing Trauma Centers within the System; to pay for the costs of Trauma Centers, including physician and other personnel costs; to defray administrative expenses related to the foregoing, including the payment of salaries and benefits of Department of Health Services personnel and other incidental expenses; and to recover the costs of the special election called pursuant to Section 1 hereof, and the reasonable costs incurred by the County in spreading, billing and collecting the special tax.

Section 4. As used in this resolution, the term “Trauma Center” refers to a hospital that maintains specialized equipment and a panel of physician specialists, including a trauma surgeon available 24 hours a day, 7 days a week to treat trauma patients. In the case of private hospitals, “Trauma Centers” are designated by the County and operate pursuant to a contract with the County. Trauma is a critical injury most often caused by a physical force, frequently the consequence of motor vehicle crashes, falls, drowning, gun shots, fires and burns, stabbing, or blunt assault. Trauma is the leading cause of death in the first four decades of life, and the cost of maintaining a Trauma Center is often not fully reimbursed by insurance, even when a trauma patient has insurance.

Section 5. As used in this resolution, “Emergency Medical Services” refers to pre-hospital and hospital critical and urgent emergency care, including care provided in, or en route to, from or between acute care hospitals or other health care facilities. It is observed that in the 1990s there has been a decline in the number of facilities available in the County which provide Trauma Care or Emergency Medical Services, while at the same time the number of emergency and critical visits has dramatically increased. In addition, there is a growing percentage of emergency patients who are uninsured, such that emergency facilities are frequently uncompensated for their services. Eighty percent of California licensed emergency departments lost money during the 1998-99 fiscal year. These conditions have left many hospitals with no alternative but to close the doors of their emergency departments. As emergency care is often provided by the nearest available facility, such closures impact everyone in the County, whether or not they are insured.

Section 6. The funds raised by this tax will be used, in part, to coordinate and maintain a countywide system of Emergency Medical Services; to pay for the costs of Emergency Medical Services, including physician and other personnel costs; to defray administrative expenses related to the foregoing, including the payment of salaries and benefits of Department of Health Services personnel and other incidental expenses; and to recover the costs of the special election called pursuant to Section 1 hereof, and the reasonable costs incurred by the County in spreading, billing and collecting the special tax.

Section 7. As used in this resolution, “Bioterrorism Response” refers to activities undertaken, directly or through contract, or coordinated by, the County Department of Health Services to address the medical needs of persons exposed to bioterrorist or chemical attack. The funds raised by this tax will be used, in part, to enable the stockpiling of safe and appropriate medicines to treat persons affected by a bioterrorist or chemical attack; to train healthcare workers and other emergency personnel in dealing with the medical needs of those exposed to a bioterrorist or chemical attack; to provide medical screenings and treatment for exposure to biological or chemical agents in the event of bioterrorist or chemical attack; to ensure the availability of mental health services in the event of terrorist attacks; to defray administrative expenses related to the foregoing including the payment of salaries and benefits of Department of Health Services personnel and other incidental expenses; and to recover the costs of the special election called pursuant to Section 1 hereof, and reasonable costs incurred by the County in spreading, billing and collecting the special tax.

Section 8. The Auditor-Controller of the County of Los Angeles shall create a new account into which the proceeds from the special tax authorized herein shall be deposited. The Auditor-Controller shall file a report with the County Board of Supervisors, by no later than January 1, 2005, and by January 1 of each year thereafter, stating the amount of funds collected and expended pursuant to this measure, and also the status of the projects required or authorized to be funded pursuant to sections 3, 6 and 7 herein.

Section 9. The Department of Health Services of the County of Los Angeles shall expend the revenues raised from this special tax only for the purposes identified in sections 3, 6 and 7 herein.

Section 10. The Treasurer and Tax Collector of the County of Los Angeles shall collect the special tax authorized herein, for the initial Fiscal Year 2003-2004 and for subsequent fiscal years, on the tax roll at the same time and in the same manner, and subject to the same penalties as the ad valorem property taxes fixed and collected by or on behalf of the County of
Los Angeles.

Section 11. Insofar as feasible, all laws and procedures regarding exemptions, due dates, installment payments, corrections, cancellations, refunds, late payments, penalties, liens and collections for secured roll ad valorem property taxes shall be applicable to the collection of this special tax. The secured roll tax bills shall be the only notices required for any special tax levied. The Assessor shall establish and administer an appeals process to address and correct potential errors or inequities in the levy of the special tax authorized herein.

Section 12. The Proposition for the County to levy a special tax shall appear on the ballot substantially as follows:
PRESERVATION OF TRAUMA CENTERS AND EMERGENCY MEDICAL SERVICES; BIOTERRORISM RESPONSE.
To avoid the life-threatening shutdown of Los Angeles County’s trauma network, maintain and expand the trauma network countywide, ensure more timely response to critical and urgent medical emergencies and respond effectively to biological or chemical terrorism, shall all property owners pay an annual tax of three cents per square foot of improvements (buildings) on developed property?
YES ____
NO ____
Section 13. The votes cast for and against the Proposition shall be separately counted and if the Proposition receives the required number of votes, two-thirds of the votes of the qualified electors voting on the Proposition, the special tax in the amounts and for the purposes stated herein shall be effective and levied by the County.

Section 14. All qualified voters residing within the County shall be permitted to vote in the election and in all particulars not recited in this resolution, the election shall be held as nearly as practicable in conformity with the Elections Code of the State of California.

Section 15. The special election called by this resolution shall be consolidated with the elections conducted by the Registrar-Recorder/County Clerk to be held in the County of
Los Angeles on November 5, 2002, and the Proposition shall be placed on the same ballot to the extent the elections are concurrent, and the same precincts, polling places, election officers and facilities shall be used for the elections.
Section 16. Based upon all of the facts before it on this matter, the Board of Supervisors finds that the submission of this question of a special tax to the voters is not subject to, or is exempt from, the California Environmental Quality Act ( CEQA) on the independent grounds that:
A. It is not a project as defined by 14 California Code of Regulations Section 15378
(b)(3 ) relating to ballot measures submitted to a vote of the people. The proposal for a special tax is required by law to be submitted to a vote as set out in this Resolution.
B. It is not a project as defined by 14 California Code of Regulations Section 15378 (b)(4) relating to the creation of government funding mechanisms which do not involve commitment to any specific project which may result in a potentially significant physical impact on the environment.
Further, the Board finds that the submission of this question to the voters also would be exempt from CEQA, if it were a project, on the independent basis of the following exemptions:
A. It is exempt based upon Public Resources Code Section 21080 (b)(8) and 14 California Code of Regulations Section 15273 (a) because the Board of Supervisors finds as specifically set out in this Resolution, that the special tax is for the purpose of (A) meeting operating expenses, including employee wage rates and fringe benefits, (B) purchasing or leasing supplies, equipment or materials, (C) meeting financial reserve needs and requirements, and ( D) obtaining funds for capital projects necessary to maintain service within existing service areas;

B. It is exempt based upon 14 California Code of Regulations Section 15301 relating to the operation and minor alteration of existing public or private structures with a negligible expansion of an existing use;
C. It is exempt based upon 14 California Code of Regulations Section 15061 (b)(3) which provides the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the submission of this question to the voters will have a significant effect on the environment.

The foregoing resolution was on the _____ day of July, 2002, adopted by the Board of Supervisors of the County of Los Angeles and ex-officio the governing body of all other special assessment and taxing districts, agencies and authorities for which said Board so acts.
VIOLET VARONA-LUKENS, Executive Officer-Clerk of the Board of Supervisors of the County of Los Angeles
By:________________________________
Deputy
APPROVED AS TO FORM:
LLOYD W. PELLMAN
County Counsel
By:_____________________________
Deputy
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