Didn the legislature allow the option of restoring the previous level of taxation when it lowered the fees a few years ago?
It appears so, but No, because they don’t have the authority to do that. The legislature can lower or eliminate a tax any time it chooses. But it simply can’t raise a tax without a two-thirds vote and the signature of the governor. That’s the California Constitution speaking. For anyone to pretend that they can dispose of that restriction through the excuse that they put a condition on lowering a tax that would later allow them to ignore the constitution is, simply, ignorance in action. It would be no different if they eliminated a tax altogether but tried to reserve to themselves the right to bring it back without a two-thirds vote and the governor’s signature, even though in fact it would be a new tax. And require a new law. Under the correct rules. To put it bluntly, no one gets to re-write the constitution except through proper amendment procedures, and what they’ve tried to do here isn’t that at all. Return to Top of FAQ Isn’t this a “tempest in a teapot”? How could it be, when th
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