CaliforniaPeople.org

Proposition

40One-time 5% tax on billionaires (mostly for health care)

Our readLean no

A one-time 5% tax on billionaires for health care. Revenue is “very hard to predict,” and the sponsor union offered to drop it for a deal.

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Type
Initiative constitutional amendment and statute
Sponsor
SEIU-United Healthcare Workers West (SEIU-UHW)
Campaign money
$33.4M yes$130.3M no
Your pick

Key findings

  • The sponsor, SEIU-UHW, has filed dozens of initiatives since 2012, and few if any have passed: its dialysis Props 8, 23 and 29 all lost, with 40%, 37% and 32%. Several others were dropped after deals with hospitals. [1][2]
  • In June 2026 the union offered to drop this measure for a 2% legislative deal. No deal happened. [3]
  • Wealth taxes elsewhere: 12 OECD countries had one in 1990 and 4 in 2017; as of 2025, 3 do (Spain, Norway, Switzerland, per the Tax Foundation), raising 0.6–4.3% of their tax revenue. The OECD says they "often failed to achieve their redistributive objectives." [4]
  • Revenue is "tens of billions" but "very hard to predict" (LAO). The sponsor says ~$100B. Six billionaires reportedly left before the Jan 1 cutoff, taking an estimated $26.8B of the projected base. [5][6][1]
  • The 90% for health care is one-time money, not an ongoing funding source [5]. Health care spending could indirectly benefit members of the sponsor's union through more secure jobs and pay. [7]

Track record

The sponsor's ballot history

Year Measure Target Result Union spent
2012, 2014 Hospital initiatives Hospital pricing and executive pay Withdrawn after deals with hospitals n/a
2018 Prop 8 Dialysis revenue caps Lost, 40% yes $19.3M (vs. $111M+ from dialysis firms)
2020 Prop 23 Dialysis staffing Lost, 37% $8.9M
2022 Prop 29 Dialysis staffing Lost, 32% $8.0M
2026 Prop 40 Billionaire wealth ? $32.9M raised by its Yes committee through Oct 22 [8]
2026 Prop 44 Community clinics ? $16.9M
Most commentators read the dialysis measures as pressure to unionize clinics. [1][2]

Taxes on the very rich in other states

Tax Projected Actual
Washington capital-gains tax, year 1 (2023) — $786M from ~3,000 payments [9]
Washington, year 2 (2024) $1.5B counted in the budget $433M as of May 15, 2024 (partial). Expected to "fluctuate year to year" with the economy [9]

Money and conflicts

  • Yes $33.4M (mostly SEIU-UHW). No $130.3M, led by Building a Better California (Sergey Brin $102M, Eric Schmidt $40.2M, John Doerr $40M). Peter Thiel gave $3M. [8][11][6]
  • The money fight is billionaires vs. a union. Brin, one of the billionaires the tax targets, reportedly left the state before the cutoff. [6]
  • Labor is split. CTA, firefighters and the Building Trades oppose it. Teamsters, AFSCME and the Labor Federation support it. [10]

Does it solve a lasting problem?

  • No. It is one-time money, not ongoing funding, its revenue is "very hard to predict," and it could shrink the income-tax base if billionaires leave (LAO: probably less than $1B a year lost). Health groups say they "weren't consulted in designing the measure"; Planned Parenthood and the CMA oppose it. [5][10]

If you vote yes: accountability

Bottom line: The tax is collected by the Franchise Tax Board, but where the health money goes is left to the Legislature, up to $22.5B a year. There's no State Auditor review and no independent oversight board. [13]

Who decides, and who answers for it

  • The Franchise Tax Board assesses and audits the tax. [13] Its board is the State Controller, the chair of the Board of Equalization, and the Director of Finance. [14] The Controller and Board of Equalization races are both on this ballot.
  • The Legislature decides each year how to spend the health money, within broad uses: restoring federal cuts, Medi-Cal and other coverage, safety-net providers, and preventing closures. [13]
  • The Department of Finance must report to the Legislature on the fund, and certify that the money adds to existing health spending rather than replacing it. [13]

What to watch

  • Collection. Revenue is "very hard to predict." [5] Six billionaires reportedly left before the cutoff. [6] Watch for lawsuits over residency, and how much is actually collected.
  • Supplanting. One-time money can quietly replace regular spending. The Finance Department's certification is the check, so read it.

Who to press, and what to ask for

  1. Your Assemblymember and state Senator: require a State Auditor audit of how the fund is spent, and publish every grant or payment by recipient.
  2. Controller and Board of Equalization candidates: they'll sit on the Franchise Tax Board. Ask how they'll publish collections data without exposing individual taxpayers.

Public records to request (CPRA)

Anyone can file a California Public Records Act request (the state's version of FOIA), with no reason required. Agencies must respond within 10 days, or 24 in unusual cases. [15] Individual tax returns are confidential, but how the fund is spent isn't.

To the Department of Finance: Under the California Public Records Act (Gov. Code § 7920.000 et seq.), I request each report and supplanting certification submitted to the Legislature under Government Code section 16355(f) concerning the 2026 Billionaire Tax Reserve Fund, with supporting worksheets.

What it does
  • One-time tax equal to 5% of net worth for people worth over $1B who lived in California on Jan 1, 2026. It can be spread over 5 years, at extra cost. Real estate, pensions and retirement accounts generally are excluded. [5]
  • 90% to public health care, 10% to education, food aid and administration. Exempt from the state spending limit and the Prop 98 school formula. [5]
  • Voided if Prop 41 or 42 gets more yes votes. [10]
Fact-check
  • The opponents' ads say it's a "Trojan horse" that lets politicians extend the tax to everyone. CalMatters rated that only partially true. Legislative changes must be "consistent with and further the purposes" of the act; an expert said lawmakers "probably couldn't lower the threshold," and expanding the tax would likely need another vote. [12]
Both sides
  • For: SEIU-UHW, Bernie Sanders, CA Democratic Party, CA Labor Federation, Sacramento Bee. Billionaires gained the most from federal tax cuts, and the money prevents clinic and hospital closures. [10]
  • Against: Gov. Newsom, Becerra, Hilton, the Business Roundtable, CMA, CTA, Planned Parenthood, LA Times. It's volatile, it drives out taxpayers, and it doesn't fix structural funding. [10][16][17]
  • Poll: 45% support among likely voters, down 3 points from six weeks earlier (UC Berkeley–LA Times poll, late Sept 2026). [7]

Sources 20

3 official7 reporting4 reference6 other
  1. ^ a b c Wikipedia, SEIU-UHW (secondary) Wikipedia Reference
  2. ^ a b Ballotpedia, SEIU-UHW Ballotpedia Reference
  3. ^ AP on the 2% offer (June 18, 2026) abcnews.com Other
  4. ^ Euronews on European wealth taxes (Sept 29, 2025) euronews.com Other
  5. ^ a b c d e f LAO Legislative Analyst Official
  6. ^ a b c d Fortune, six billionaires left (Mar 17, 2026) fortune.com Reporting
  7. ^ a b GV Wire (Oct 13, 2026) GV Wire Reporting
  8. ^ a b SoS, contribution totals Secretary of State Official
  9. ^ a b KUOW, Washington capital gains receipts (May 2024) kuow.org Other
  10. ^ a b c d e CalMatters guide CalMatters Reporting
  11. ^ Ballotpedia News (Oct 26, 2026) Ballotpedia News Reference
  12. ^ CalMatters fact check (Oct 2, 2026) CalMatters Reporting
  13. ^ a b c d Prop 40 legal text (annotated by GrowSF) growsf.org Other
  14. ^ LAO, state fiscal functions (Mar 21, 2013) Legislative Analyst Official
  15. ^ First Amendment Coalition, CPRA deadlines firstamendmentcoalition.org Other
  16. ^ CalMatters, Newsom positions (Oct 9, 2026) CalMatters Reporting
  17. ^ Wikipedia, 2026 billionaire tax initiative (secondary) Wikipedia Reference
  18. · OECD, role and design of net wealth taxes oecd.org Other
  19. · CalMatters (Oct 2020), union's ballot strategy CalMatters Reporting
  20. · Fortune, Thiel donation (Jan 14, 2026) fortune.com Reporting