Complete Text of the Local Taxpayer Protection Act to Save Proposition 13

Section 4.5 of Article XIII A of the California Constitution is added to read:

Sec. 4.5.  RESTORING LOCAL TAXPAYER PROTECTIONS.
(a) Starting with Proposition 13 in 1978, California voters have passed four statewide initiatives to protect themselves from excessive taxation, limit property-related taxes, and require two-thirds voter approval for local special taxes. These protections were the law for decades. Despite the voters’ clear intent, court-created loopholes have allowed special interests to pass billions in new and higher taxes, including real property transfer taxes greatly exceeding the statutory limit for most cities. Academic studies show high transfer taxes undermine state efforts to build housing and reduce the property tax revenue that funds local schools and public services, thus forcing the state to backfill such funding. This section will reverse loopholes and restore taxpayer protections. Its interlocking provisions are a matter of statewide concern to ensure effective tax relief, promote state efforts to build sufficient housing, and protect local property tax revenue. It will apply to all forms of local government, including charter cities.

(b) Notwithstanding article II and article XI, no local government, including the electorate of a local government exercising the initiative power, may impose, extend, or increase any special tax except as provided in section 4 of this article, section 2(d) of article XIII C and section (3)(a)(2) of article XIII D, and unless and until that tax is submitted to the electorate and approved by a two-thirds vote.

(c) Notwithstanding article II and article XI, no local government, including the electorate of a local government exercising the initiative power, may impose the following: ad valorem taxes on real property except as provided in section (3)(a)(1) of article XIII D; any non-ad valorem general tax upon any parcel of real property or upon any person as an incident of real property ownership; or any transaction tax, sales tax, documentary transfer tax, or other tax related to real property sales, transfers, documents or recordings except for the tax, and not exceeding the rate, specified in subdivisions (a) and (b) of section 11911 of the Revenue and Taxation Code as it existed on January 1, 2025.

(d) Any tax upon any parcel of real property or upon any person as an incident of real property ownership enacted prior to the effective date of this section that does not comply with this section, and any transaction tax, sales tax, documentary transfer tax, or other tax related to real property sales, transfers, documents or recordings enacted prior to the effective date of this section that does not comply with this section shall become null and void on December 31 two years following the enactment of this section.

(e) “Local government,” “special tax,” and “general tax” shall have the same meaning as provided in section 1 of article XIII C. The term “electorate” as used herein and in section 2 of article XIII C and the term “qualified electors” as used in section 4 of article XIII A, means the electors or voters, including property owners, entitled to vote to approve or reject a general or special tax under the statute authorizing the tax as it existed on January 1, 2025. The term “initiative power” applies to the initiative power reserved in or derived from the constitution, statute, or charter law. This section shall be liberally construed and applied to effectuate its purposes. Any provision of this section held invalid is severable.  Notwithstanding any other law, if approved by a majority of the qualified electors, this section shall become effective pursuant to section 4 of article XVIII as it existed on January 1, 2025.

Contact Us
Email us at info@hjta.org for general questions.
Representatives of the media
Please call Susan Shelley, Vice President, Communications, at 213-384-9656.

Northern California Office
Howard Jarvis Taxpayers Association
1201 K Street, Suite 1030 
Sacramento, CA 95814
Phone: 916-444-9950

Southern California Office
Howard Jarvis Taxpayers Association
621 South Westmoreland Avenue, Suite 200
Los Angeles, CA 90005
Phone: 213-384-9656

Contributions to Protect Proposition 13 are not tax-deductible.

Protect Proposition 13 does not solicit or accept any “earmarked” contributions. All expenditure decisions are made solely by the Principal Officer(s) of the Committee.

Paid for by Protect Prop. 13, a Project of the Howard Jarvis Taxpayers Association.