Ballot Quandary: Sales Tax Measures Exceed Limit

State senators moved Thursday to correct a quandary on the November ballot that could have Los Angeles County voters approving local sales tax increases that it may be illegal to collect.

The problem is this: State law requires that the total sales tax collected, excluding a temporary earthquake tax, cannot exceed 7%. A 6 1/2% tax is now being collected in the county. But on the ballot are two measures--one for jails and one for transportation--that each call for local half-cent sales tax increases. If both pass, the total sales tax would be 7 1/2%, above the legal limit.

To resolve the problem, Sen. Alan Robbins (D-Tarzana) attached amendments to a rail transit bill that provide that if both Los Angeles County sales tax measures pass in November, both would carry an increase of 0.25%, rather than 0.5%.

“Los Angeles has a problem,” said Robbins. “Both of the (tax) proposals seem to be doing well and if both pass the maximum will be exceeded. Therefore the question is, if they both pass, what happens? No one knows.”

Robbins said he made the move at the request of the Los Angeles County Board of Supervisors and county transit and jail officials.

But if the measure wins final approval in the Senate it will move back to the Assembly, where Transportation Committee Chairman Richard Katz (D-Sylmar) said he will argue against it.

Katz said officials would be misleading the voters if they ask them to approve a half-cent sales tax increase which may turn out to be only a quarter-cent increase.

“This is what happens when you wait until the last minute to do things,” he said.