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SCA-23 Education finance: minimum funding requirement: inclusion of taxpayer contributions.(2017-2018)

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SCA23:v98#DOCUMENT

Amended  IN  Senate  August 09, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Constitutional Amendment
No. 23

Introduced by Senator De León
(Coauthor: Senator Allen)

May 31, 2018

A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 8 of Article XVI thereof, relating to education finance.


LEGISLATIVE COUNSEL'S DIGEST


SCA 23, as amended, De León. Education finance: minimum funding requirement: inclusion of taxpayer contributions.
The California Constitution establishes a minimum General Fund obligation for moneys to be applied by the state for the support of school districts and community college districts based on one of 3 tests in any given fiscal year (Proposition 98). The first test applies to the amount of General Fund revenues that may be appropriated pursuant to Article XIII B of the California Constitution based on the percentage of General Fund revenues that were appropriated for school districts and community college districts in the 1986–87 fiscal year. The 2nd and 3rd tests compute the minimum funding requirement based on the total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B of the California Constitution and allocated local proceeds of taxes, adjusted for changes in enrollment, cost of living, or per capita General Fund revenues, in the prior fiscal year.
The California Constitution requires, in fiscal years following the application of the 3rd test or a legislative suspension of the minimum funding requirement, the calculation of a maintenance factor, which is an amount required to be paid to school districts and community college districts in later years.
This measure would require the minimum obligation for moneys to be applied by the state for the support of school districts and community college districts to be augmented by the proceeds of the Baseline Schools and Colleges Subaccount or of a successor fund. The measure would also augment the minimum required funding under each of the 3 tests described above by the amount of proceeds of the Baseline Schools and Colleges Subaccount or of a successor fund. The measure would also include the amount of proceeds of the Baseline Schools and Colleges Subaccount or of a successor fund in the calculation of the maintenance factor. The measure would make nonsubstantive technical changes to this provision.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  
Resolved by the Senate, the Assembly 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:

 That Section 8 of Article XVI thereof is amended to read:

SEC. 8.
 (a) From all state revenues there shall first be set apart the moneys to be applied by the State for support of the public school system and public institutions of higher education.
(b) Commencing with the 1990–91 fiscal year, the moneys to be applied by the State for the support of school districts and community college districts, combined with the proceeds of the Baseline Schools and Colleges Subaccount or a successor fund, shall be not less than the greatest of the following amounts:
(1) The amount that, as a percentage of General Fund revenues that may be appropriated pursuant to Article XIII B, combined with the proceeds of the Baseline Schools and Colleges Subaccount or a successor fund, equals the percentage of General Fund revenues appropriated for school districts and community college districts, respectively, in the 1986–87 fiscal year.
(2) The amount required to ensure that the total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII  B, proceeds of the Baseline Schools and Colleges Subaccount or a successor fund, and allocated local proceeds of taxes shall not be less than the total amount from these sources in the prior fiscal year, excluding any revenues allocated pursuant to subdivision (a) of Section 8.5, adjusted for changes in enrollment and adjusted for the change in the cost of living pursuant to paragraph (1) of subdivision (e) of Section 8 of Article XIII B. This paragraph shall be operative only in a fiscal year in which the percentage growth in California per capita personal income is less than or equal to the percentage growth in per capita General Fund revenues revenues, including the proceeds of the Baseline Schools and Colleges Subaccount or a successor fund, plus one‑half of 1 percent.
(3) (A) The amount required to ensure that the total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B, proceeds of the Baseline Schools and Colleges Subaccount or a successor fund, and allocated local proceeds of taxes shall equal the total amount from these sources in the prior fiscal year, excluding any revenues allocated pursuant to subdivision (a) of Section 8.5, adjusted for changes in enrollment and adjusted for the change in per capita General Fund revenues. revenues, including the proceeds of the Baseline Schools and Colleges Subaccount or a successor fund.
(B) In addition, an amount equal to one-half of 1 percent times the prior year total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B, proceeds of the Baseline Schools and Colleges Subaccount or a successor fund, and allocated local proceeds of taxes, excluding any revenues allocated pursuant to subdivision (a) of Section 8.5, adjusted for changes in enrollment.
(C) This paragraph shall be operative only in a fiscal year in which the percentage growth in California per capita personal income in a fiscal year is greater than the percentage growth in per capita General Fund revenues revenues, including the proceeds of the Baseline Schools and Colleges Subaccount or a successor fund, plus one‑half of 1 percent.
(c) In any fiscal year, if the amount computed pursuant to paragraph (1) of subdivision (b) exceeds the amount computed pursuant to paragraph (2) of subdivision (b) by a difference that exceeds 11/2 percent of General Fund revenues, including the proceeds of the Baseline Schools and Colleges Subaccount or a successor fund, the amount in excess of 11/2 percent of General Fund revenues revenues, including the proceeds of the Baseline Schools and Colleges Subaccount or a successor fund, shall not be considered allocations to school districts and community college districts for purposes of computing the amount of state aid pursuant to paragraph (2) or (3) of subdivision (b) in the subsequent fiscal year.
(d) In any fiscal year in which school districts and community college districts are allocated funding pursuant to paragraph (3) of subdivision (b) or pursuant to subdivision (h), (g), they shall be entitled to a maintenance factor, equal to the difference between (1) the amount of General Fund moneys moneys, including allocations from the Baseline Schools and Colleges Subaccount or a successor fund, that would have been appropriated pursuant to paragraph (2) of subdivision (b) if that paragraph had been operative or the amount of General Fund moneys moneys, including allocations from the Baseline Schools and Colleges Subaccount or a successor fund, that would have been appropriated pursuant to subdivision (b) had subdivision (b) not been suspended, and (2) the amount of General Fund moneys moneys, including allocations from the Baseline Schools and Colleges Subaccount or a successor fund, actually appropriated to school districts and community college districts in that fiscal year.
(e) The maintenance factor for school districts and community college districts determined pursuant to subdivision (d) shall be adjusted annually for changes in enrollment, and adjusted for the change in the cost of living pursuant to paragraph (1) of subdivision (e) of Section 8 of Article XIII B, until it has been allocated in full. The maintenance factor shall be allocated in a manner determined by the Legislature in each fiscal year in which the percentage growth in per capita General Fund revenues revenues, including the proceeds of the Baseline Schools and Colleges Subaccount or a successor fund, exceeds the percentage growth in California per capita personal income. The maintenance factor shall be reduced each fiscal year by the amount allocated by the Legislature in that fiscal year. The minimum maintenance factor amount to be allocated in a fiscal year shall be equal to the product of General Fund revenues from proceeds of taxes taxes, including the proceeds of the Baseline Schools and Colleges Subaccount or a successor fund, and one-half of the difference between the percentage growth in per capita General Fund revenues from proceeds of taxes taxes, including the proceeds of the Baseline Schools and Colleges Subaccount or a successor fund, and in California per capita personal income, not to exceed the total dollar amount of the maintenance factor.
(f) For purposes of this section, “changes in enrollment” shall be measured by the percentage change in average daily attendance. However, in any fiscal year, there shall be no adjustment for decreases in enrollment between the prior fiscal year and the current fiscal year unless there have been decreases in enrollment between the second prior fiscal year and the prior fiscal year and between the third prior fiscal year and the second prior fiscal year.
(g) Subparagraph (B) of paragraph (3) of subdivision (b) may be suspended for one year only when made part of or included within any bill enacted pursuant to Section 12 of Article IV. All other provisions of subdivision (b) may be suspended for one year by the enactment of an urgency statute pursuant to Section 8 of Article IV, provided that the urgency statute may not be made part of or included within any bill enacted pursuant to Section 12 of Article IV.