California Constitution Article 2 Sec. 2018 California Constitution Article XVI - Public Finance Section 8.5. . Article I . (h) 1 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 Constitution of the State of California 1879 Art. Article VI 4 SEC. (a) From all state revenues there shall first be set apartthe moneys to be applied by the State for support of the publicschool system and public institutions of higher education. (C) This paragraph (3) 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 plus one half of one percent. 70, 1974. ) Res.Ch. The Table of Contents includes each Article heading and corresponding section numbers.Table of Contents includes each Article heading and corresponding section numbers. subdivision (e) of Section 8 of Article XIII B Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. 8.5. Microsoft Edge. SEC. t (B) for r Tris in In t n t f to (d" In (3) t: If sffiisi:r It Yd tat for thž Jf If 8 [i r ill. isžl the in that g. t to tie in in Internet Explorer 11 is no longer supported. 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 and one-half of the difference between the percentage growth in per capita General Fund revenues from proceeds of taxes and in California per capita personal income, not to exceed the total dollar amount of the maintenance factor. Section. . (b) "Appropriatio… , adjusted for changes in enrollment and adjusted for the change in the cost of living pursuant to paragraph (1) of Article I - The Legislative Branch Section 8 . Section 14. 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 exceeds the percentage growth in California per capita personal income. (h) 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. (1) Indebtedness approved by the voters prior to July 1, 1978. 66, 1989. (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 one and one-half percent of General Fund revenues, the amount in excess of one and one-half percent of General Fund revenues shall not be considered allocations to school districts and community colleges for purposes of computing the amount of state aid pursuant to paragraph (2) or 3 of subdivision (b) in the subsequent fiscal year. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Joseph R. Grodin, Calvin R. Massey, and Richard B. Cunningham (1993), The California State Constitution: A Reference Guide, Westport, Connecticut: Greenwood Press. Universal Citation: CA Constitution art XVI § 8. Section 12 of Article IV Section 12. Section 20. Res.Ch. 41302.5. Section 8 of Article XVI of the California Constitution (Proposition 98) sets forth a formula for computing the minimum amount of General Fund revenues that the state is required to appropriate for the support of school districts, as defined, and … The California Constitution Article XVI Section 8 Prop 64: The Adult Use of Marijuana Act California State Constitution . 1. subdivision (e) of Section 8 of Article XIII B (Sec. 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. As used in this article and except as otherwise expresslyprovided herein: 1. (Sec. XII, State Constitution, provides in part that “[t]he amendments to Section 8 of Article II and Section 13 of Article V shall take effect December 31, 2022; except that the amendments to Section 8(h) [currently s. 8(g)] of Article II shall take effect December 31, 2020.” The amendments to s. 8, Art. Home > Browse the Constitution Annotated > Article I > Section 8 Browse the Constitution Annotated. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. The State Bar of California is a public corporation. SECTION 13. (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 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. Begin typing to search, use arrow keys to navigate, use enter to select. subdivision (a) of Section 8.5 The California Constitution Wiki, a wiki project to re-design the state's constitution; Additional reading. The Militia Clauses are among Congress’ enumerated powers found in the Constitution of the United States, Article. Universal Citation: CA Constitution art XVI § 8.5 (2018) SEC. The Supreme Court, courts of appeal, superior courts, and their 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. 23] ( Article 16 heading amended Nov. 5, 1974, by Prop. (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 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 (B) In addition, an amount equal to one-half of one percent times the prior year total allocations to school districts and community colleges from General Fund proceeds of taxes appropriated pursuant to Article XIII B and allocated local proceeds of taxes, excluding any revenues allocated pursuant to subdivision (a) of Section 8.5, adjusted for changes in enrollment. 8. https://ballotpedia.org/Article_XIII_A,_California_Constitution Section 10. All rights reserved. , adjusted for changes in enrollment. (2) Bonded indebted… (b) Commencing with the 1990-91 fiscal year, the moneys to beapplied by the State for the support of school districts andcommunity college districts shall be not less than the greater of thefollowing amounts: 1. Section 1. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and … FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. subdivision (a) of Section 8.5 (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. We recommend using , provided that the urgency statute may not be made part of or included within any bill enacted pursuant to Res.Ch. 9. https://ballotpedia.org/Article_XVI,_California_Constitution (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. 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 plus one half of one percent. 8 XVI, § 8 on Westlaw, industry-leading online legal research system, Amazon Alleged to Spy on Its Workers Even More Than Its Consumers, Betting Money Is Now on Supreme Court Keeping ACA Largely Intact, House Passes Open Courts Act Targeting PACER Reform, FCC Again Rejects Net Neutrality Even as Controversy Reignites. California Constitution; California Secretary of State, "1849 California Constitution from the California State Archives"; California Secretary of State, "1878–1879 Constitutional Convention Working Papers"; The California Constitution Wiki, a wiki project to re-design the state's constitution; Additional reading. Section 15. 8 amended June 5, 1990, by Prop. (b) The limitation provided for in subdivision (a) shall not applyto ad valorem taxes or special assessments to pay the interest andredemption charges on any of the following: 1. Read the code on FindLaw Section 11. (B) In addition, an amount equal to one-half of one percent times the prior year total allocations to school districts and community colleges from General Fund proceeds of taxes appropriated pursuant to Article XIII B and allocated local proceeds of taxes, excluding any revenues allocated pursuant to california constitution article 1 declaration of rights section 1. GENERAL PROVISIONS. Section 17. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. The California State Constitution is grouped into subject matter areas known as Articles. For the purposes of Section 8 and Section 8.5 of Article XVI of the California Constitution, 'school districts' shall include county boards of education, county superintendents of schools and direct elementary and secondary level instructional services provided by the State of California. (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 one and one-half percent of General Fund revenues, the amount in excess of one and one-half percent of General Fund revenues shall not be considered allocations to school districts and community colleges for purposes of computing the amount of state aid pursuant to paragraph (2) or 3 of subdivision (b) in the subsequent fiscal year. Copyright © 2020, Thomson Reuters. XVI, Section 8. 8. (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 shall be not less than the greater of the following amounts: (1) The amount which, as a percentage of General Fund revenues which may be appropriated pursuant to Article XIII B, equals the percentage of General Fund revenues appropriated for school districts and community college districts, respectively, in fiscal year 1986-87. ARTICLE V EXECUTIVE SEC. 1. 8., clauses 15 and 16: (Clause 15 – The Militia) 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 plus one half of one percent. Section 9. No provision of this Constitution, including but not limited to, Section 1 of Article XVI and Section 14 of Article XI, shall be construed as a limitation upon the authority granted to the Legislature by this section. Firefox, or , adjusted for changes in enrollment and adjusted for the change in per capita General Fund revenues. Article XVI, Section 6, California Constitution The Legislature shall have no power to give or to lend, or to authorize the giving or lending, of the credit of the State, or of any county, city and county, city, township or other political corporation or subdivision of the State now existing, or that may be hereafter established, in aid (b) An initiative measure may be proposed by presenting to the Secretary of State a petition … 111. ARTICLE XVI. (Sec. (C) This paragraph (3) 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 plus one half of one percent. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Effective July 1, 1990.). 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. (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 shall be not less than the greater of the following amounts: (1) The amount which, as a percentage of General Fund revenues which may be appropriated pursuant to Article XIII B, equals the percentage of General Fund revenues appropriated for school districts and community college districts, respectively, in fiscal year 1986–87. 10. ARTICLE XVI PUBLIC FINANCE [SECTION 1 - SEC. Constitution of the State of California 1879, subdivision (e) of Section 8 of Article XIII B, Read this complete Constitution of the State of California 1879 Art. (a) "Appropriations subject to limitation" of the State means any authorization to expend during a fiscal year the proceeds of taxes levied by or for the State, exclusive of state subventions for the use and operation of local government (other than subventions made pursuant to Section 6) and further exclusive of refunds of taxes, benefit payments from retirement, unemployment insurance, and disability insurance funds. 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. (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 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. Every person admitted and licensed to practice law in this State is and shall be a member of the State Bar except while holding office as a judge of a court of record. The maintenance factor shall be reduced each year by the amount allocated by the Legislature in that fiscal year. Section 13. 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