California Proposition 39 (2000)

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Proposition 39 was an initiative state constitutional amendment and statute which appeared on the November 7, 2000, California general election ballot. Proposition 39 passed with 5,431,152 Yes votes, representing 53.4 percent of the total votes cast. [1] Proposition 39 was essentially a milder version of Proposition 26, which would have ended the Proposition 13 supermajority vote requirement altogether (imposing a simple majority vote requirement), [2] but was defeated with 3,521,327 "Yes" votes, representing 48.7 percent of the total votes cast, in the March 7, 2000, California primary election. [3]

Initiative means by which a petition signed by a certain minimum number of registered voters can force a public vote

In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote in parliament called an indirect initiative or via a direct initiative, the latter then being dubbed a Popular initiated Referendum.

A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions (codicils), thus changing the frame of government without altering the existing text of the document.

Statute Formal written document that creates law

A statute is a formal written enactment of a legislative authority that governs a city, state, or country. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies.

Contents

Main Effect

The main effect of Proposition 39 was to amend Proposition 13 by lowering the required supermajority vote necessary for voters to approve local school bonds, from two-thirds (2/3) of the votes cast, to fifty-five percent (55%) of the votes cast. [4]

A supermajority or supra-majority or a qualified majority, is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for majority.

Municipal bond A municipal bond is a bond issued by a local government or territory, or one of their agencies; generally to finance public projects.

A municipal bond, commonly known as a Muni Bond, is a bond issued by a local government or territory, or one of their agencies. It is generally used to finance public projects such as roads, schools, airports and seaports, and infrastructure-related repairs. The term municipal bond is commonly used in the United States, which has the largest market of such trade-able securities in the world. As of 2011, the municipal bond market was valued at $3.7 trillion. Potential issuers of municipal bonds include states, cities, counties, redevelopment agencies, special-purpose districts, school districts, public utility districts, publicly owned airports and seaports, and other governmental entities at or below the state level having more than a de minimis amount of one of the three sovereign powers: the power of taxation, the power of eminent domain or the police power.

Property Tax Increase to Repay Bonds

Voter approved school bonds under Proposition 39 are paid off by raising property taxes above the one percent (1%) property tax rate limit established by Proposition 13 in 1978.

Constitutional Debt Provision

Proposition 39 also lowered, as it relates to school bonds, the local voter approval requirement to incur debt from a two-thirds (2/3) vote to fifty-five percent (55%). The two-thirds vote requirement to incur debt is separate from the property tax limits of Proposition 13, and had previously been part of the California Constitution since 1879.

Charter School Facilities

Proposition 39 further included statutory provisions relating to charter school facilities.

A charter school is a school that receives government funding but operates independently of the established state school system in which it is located. Charter schools are an example of public asset privatization.

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References

  1. Office of the California Secretary of State "State Ballot Measures," (retrieved on February 17, 2012).
  2. League of Women Voters "Proposition 26: School Facilities. Local Majority Vote. Bonds, Taxes" (2000).
  3. Office of the California Secretary of State "State Ballot Measures," (retrieved on May 2nd, 2009).
  4. League of Women Voters "Proposition 39: School Facilities. 55% Local Vote. Bonds, Taxes Accountability Requirements," (2000).