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Proposition 47<br />

The Class Size Reduction Kindergarten - University Public Education Facilities Bond Act of 2<strong>00</strong>2<br />

(“Proposition 47”) appeared on the November 5, 2<strong>00</strong>2 ballot as Proposition 47 and was approved by the<br />

California voters. This measure authorizes the sale and issuance of $13.05 billion in general obligation<br />

bonds for construction and renovation of K-12 school facilities ($11.4 billion) and higher education<br />

facilities ($1.65 billion). Some or all of the Participants have or are expected to receive funding from<br />

Proposition 47.<br />

Proposition 55<br />

On March 2, 2<strong>00</strong>4, the voters of the State approved Proposition 55, the Kindergarten-University<br />

Public Education Facilities Bond Act of 2<strong>00</strong>4. The act provides for a bond issue of $12.3 billion to fund<br />

education facilities and repair older schools in the State. Some or all of the Participants have or are<br />

expected to receive funding from Proposition 55.<br />

Article XIII C and Article XIII D<br />

On November 5, 1996, the voters of the State approved Proposition 218, also known as the “Right<br />

to Vote on Taxes Act.” Proposition 218 added Articles XIII C and XIII D to the State Constitution to<br />

require majority voter approval for the imposition, extension or increase of general taxes and two-thirds<br />

voter approval for the imposition, extension or increase of special taxes by a local government, which is<br />

defined in Proposition 218 to include counties. Among other things, Article XIII C establishes that every<br />

tax is either a “general tax” (imposed for general governmental purposes) or a “special tax” (imposed for<br />

specific purposes); prohibits special purpose government agencies such as school districts from levying<br />

general taxes except as allowed by Article XIII A; and prohibits any local agency from imposing,<br />

extending or increasing any special tax beyond its maximum authorized rate without a two-thirds vote.<br />

Article XIII D also provides that no tax may be assessed on property other than ad valorem property taxes<br />

imposed in accordance with Articles XIII and XIII A of the California Constitution and special taxes<br />

approved by a two-thirds vote under Article XIII A, Section 4.<br />

Article XIII C also expressly extends the initiative power to give voters the power to reduce or<br />

repeal local taxes, assessments, fees and charges, regardless of the date such taxes, assessments, fees or<br />

charges were imposed, and reduces the number of signatures required for the initiative process. Generally,<br />

the initiative process enables California voters to enact legislation upon obtaining requisite voter approval<br />

at a general election. Proposition 218 extends the authority stated in Rossi v. Brown by expanding the<br />

initiative power to include reducing or repealing local taxes, assessments, fees and charges, which had<br />

previously been considered administrative rather than legislative matters and therefore beyond the initiative<br />

power.<br />

Proposition 1A<br />

Proposition 1A (SCA 4) (“Proposition 1A”), proposed by the Legislature in connection with the<br />

2<strong>00</strong>4-05 Budget Act and approved by the voters in November 2<strong>00</strong>4, provides that the State may not reduce<br />

any local sales tax rate, limit existing local government authority to levy a sales tax rate or change the<br />

allocation of local sales tax revenues, subject to certain exceptions. Proposition 1A generally prohibits the<br />

State from shifting to schools or community colleges any share of property tax revenues allocated to local<br />

governments for any fiscal year, as set forth under the laws in effect as of November 3, 2<strong>00</strong>4. Any change<br />

in the allocation of property tax revenues among local governments within a county must be approved by<br />

two-thirds of both houses of the Legislature. Proposition 1A provides, however, that beginning in Fiscal<br />

F-4<br />

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22314.4 033985 POS

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