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ACA-13 Public education: Higher Education Assistance Fund: appropriations limit: minimum funding requirements for school districts and community college districts.(2017-2018)

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CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Constitutional Amendment
No. 13


Introduced by Assembly Member Eggman

April 04, 2017


A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by adding Section 15 to Article XIII B thereof, and by adding Section 24 to Article XVI thereof, relating to public education.


LEGISLATIVE COUNSEL'S DIGEST


ACA 13, as introduced, Eggman. Public education: Higher Education Assistance Fund: appropriations limit: minimum funding requirements for school districts and community college districts.
The California Constitution prohibits the total annual appropriations subject to limitation of the state and each local government from exceeding the appropriations limit of the entity of the government for the prior year, as adjusted. The California Constitution also requires the calculation, as specified, of a minimum amount of state funding to be provided each fiscal year for allocation to school districts and community college districts.
This measure would exclude appropriations of revenues from a fund not yet established, to be known as the Higher Education Assistance Fund, from the appropriations subject to constitutional limitation. The measure would also exclude revenues derived from a tax that has not yet been enacted from being deemed to be General Fund revenues, state revenues, or General Fund proceeds of taxes for purposes of calculating the minimum funding requirements for school districts and community college districts.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2017–18 Regular Session commencing on the fifth day of December 2016, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California that the Constitution of the State be amended as follows:

First—

 The People of the State of California find and declare that it is their goal to provide free access to higher education for California residents and, to that end, it is their intent, in enacting this measure, to provide for the funding of a world-class system of public higher education that will be available to all Californians without regard to cost.

Second—

 That Section 15 is added to Article XIII B thereof, to read:

SEC. 15.
  “Appropriations subject to limitation” of each entity of government shall not include appropriations of revenue from the Higher Education Assistance Fund created by Section 102000 of the Education Code. No adjustment in the appropriations limit of any entity of government shall be required pursuant to Section 3 as a result of revenue being deposited in or appropriated from the Higher Education Assistance Fund.

Third—

 That Section 24 is added to Article XVI thereof, to read:

SEC. 24.
 The tax imposed by Section 102000 of the Education Code, and the revenue derived therefrom for the Higher Education Assistance Fund, including investment interest, shall not be deemed to be General Fund revenue for purposes of Section 8 and its implementing statutes. This revenue shall not be deemed to be “General Fund revenues,” “state revenues,” or “General Fund proceeds of taxes” for purposes of subdivisions (a) and (b) of Section 8 and its implementing statutes.