Should the California Constitution be amended to allow local school bonds to be approved by 55% vote, instead of the current two-thirds vote, of the local electorate? THE SITUATION In California, school districts and other local government entities have traditionally obtained funds for buildings by incurring long-term debt in the form of local general obligation bonds, repayable from property taxes assessed within the district. Voters approved Proposition 13 in 1978, an initiative constitutional amendment that transferred responsibility for building school facilities to the state. It also effectively banned local general obligation bonds. Voters amended the Constitution again in 1986 to restore local general obligation bonds, but required that they receive two-thirds approval. Between 1988 and 1998, about half of all local school bond elections won a two-thirds majority, with the remaining half receiving a majority vote, but less than two-thirds required to pass. In the March 2000 Primary Election, Proposition 26 proposed a constitutional amendment to require a simple majority vote (51%) to pass local school bond measures, but it failed to get voter approval. THE PROPOSAL The proposed measure provides that: (1) K-14 jurisdictions could incur bonded indebtedness for the construction, rehabilitation, or replacement of school facilities if approved by 55% of the local jurisdiction voters; and (2) property taxes could exceed the current 1 percent limit in order to repay the bonds. These provisions would apply only if the local bond measures require that:
This proposition also amends the Education Code section regarding charter school facilities. Charter schools are independent public schools formed by teachers, parents, and other individuals and/or groups that are exempt from most state laws and regulations affecting public schools. Proposition 39 would require each local K-12 school district to provide charter school facilities sufficient to accommodate each charter school's students. Special Provisions After Proposition 39 qualified for the ballot, the Legislature approved legislation adding certain limits to school bonds approved by a 55% vote. Taking effect only if voters approve Proposition 39, these limits would:
If more local school bonds were passed, local debt service costs would increase. The magnitude of these costs on a statewide basis is unknown, but could amount to hundreds of millions of dollars within a decade. Generally, however, the Legislative Analyst has determined that the state's debt service costs would decline over time as local school districts assume responsibility for school facilities. SUPPORTERS SAY
Supporters: (916) 341-1055, www.YesOnProp39.org Opponents: (916) 444-9959, www.SaveOurHomes.com
Analysis prepared by the League of Women Voters of California Education Fund
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