High court rules on Upland tax increase

and special interest groups.”

At issue is nearly four decades of California tax policy that began after Proposition 13, the landmark 1978 initiative that said local governments couldn’t increase taxes for specific purposes, such as road or school repairs, without the approval of two-thirds of local voters. California voters strengthened those rules to also apply to assessments and other fees in 1996 through Proposition 218.

Monday’s decision, however, drew a clear line between measures put on the ballot by local elected officials and those sponsored by citizen initiatives.

“Multiple provisions of the state Constitution explicitly constrain the power of local governments to raise taxes,” Justice Mariano-Flohave rentino Cuéllar wrote in a 5-2 majority opinion. “But we will not lightly apply such restrictions on local governments to voter initiatives, ‘one of the most precious rights of our democratic process.’ ”

By that logic, under an initiative, which is placed on the ballot via outside groups through the signature-collection process, the twothirds threshold may no longer apply, and a tax increase for a specific purpose could possibly pass with a simple-majority vote.

Coupal said his organization plans to urge state lawmakers to place a constitutional amendment on the statewide ballot to ensure that the higher standard remains in place in all cases.

Still, it’s unclear whether local tax increases now will an easier road to passage. Monday’s ruling involved a 2014 initiative in Upland in San Bernardino County to impose a $75,000 annual licensing and inspection charge on medical marijuana dispensaries.

The facts in the case are so unique that the state Supreme Court decision doesn’t address the distinction between different thresholds as it relates to tax increases proposed via initiative, said Roger Jon Diamond, a Santa Monica attorney who argued the case on behalf of Upland’s medical marijuana proponents.

“I believe that this does not affect one way or the other whether you need a two-thirds vote or simple majority,” Diamond said.

liam.dillon@latimes.com Twitter: @dillonliam

Mel Melcon Los Angeles Times THE MEASURE M transit tax was approved by about 70% of L.A. County voters, 3 percentage points more than it needed to pass. Above, subway tunnel work.