Community College

Facility Coalition

Updated November 7, 2008

 

Updated November 10, 2008

 

Community College Facility Coalition

Legislative Update — June 29, 2000

CCFC Phone 916.446.3042 — Website www.caccfc.org

55% LOCAL BOND PROPOSITION QUALIFIES FOR NOVEMBER BALLOT — On June 27th the Secretary of State verified that a sufficient number of signatures had been qualified to place the 55% local bond measure on the November 7th ballot. No proposition number is yet assigned to the measure.

This measure will enable local school and community college districts to propose bond measures requiring a 55% majority rather than the current 2/3 majority. The measure is designated as the Taxpayers for Accountability and Better Schools Act (TABS) and has also been referred to as the Son of 26 (Proposition 26, which failed by a narrow margin in the March election).

Legislation signed last night by the Governor will put additional constraints on the use of the 55% majority provisions. The bill, AB 1908–Lempert (Chapter 44, Statutes of 2000), would impose the additional limitations beyond those already provided by the language of the proposition. These limitations include:

A requirement for a 2/3 vote of the governing board.

55% vote elections may only be conducted during regularly scheduled state and local elections.

A limitation of $60 per 100,000 of assessed valuation for unified school district, $30 for a high school district, and $25 for a community college district tax increase resulting from any single election proposal.

A requirement for the appointment of a citizens' oversight committee to conduct annul independent audits.

Provision of a cause of action for waste or misuse of bond funds.

Prohibiting the use of the 55% provision by a county office of education.

The provisions of the measure are viewed by advocates of the 55% proposition as being necessary to combat the arguments that were put forth in opposition to Proposition 26, during that campaign. Although the opposition was under-financed in the Proposition 26 campaign, their early message stating (erroneously) that Proposition 26 would double property taxes, seriously put the proponents in a deep hole, from which they never fully recovered. The key provision of AB 1908 is the tax limitation on each bond measure. The existing statutory limitations of 1¼% of assessed valuation for elementary and high school districts and 2½% for unified and community college districts would govern a district's total outstanding debt.

For skeptics about the speed of the legislative process, the movement of AB 1908 through the process to enactment is an interesting lesson. The final provisions were amended into the bill in the Senate Education Committee on June 19th. From that point the bill was reviewed by the Senate Appropriations Committee, approved by the Senate, approved by the Assembly, enrolled, and signed by the Governor on June 28th. It wasn't record time, but it is an example of how quickly a bill can be moved when the political will is there.

Paul Holmes and Laura O’Leary

 

For more information, contact Paul Holmes or Shannon Mahoney.

1130 K Street, Suite 210, Sacramento, California   95814

Voice: 916.446.3042 --  Fax: 916.441.3893