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California Constitution
ARTICLE 13B  GOVERNMENT SPENDING LIMITATION


SEC. 1.  The total annual appropriations subject to limitation of
the State and of each local government shall not exceed the
appropriations limit of the entity of government for the prior year
adjusted for the change in the cost of living and the change in
population, except as otherwise provided in this article.



California Constitution
ARTICLE 13B  GOVERNMENT SPENDING LIMITATION


SEC. 1.5.  The annual calculation of the appropriations limit under
this article for each entity of local government shall be reviewed as
part of an annual financial audit.



California Constitution
ARTICLE 13B  GOVERNMENT SPENDING LIMITATION


SEC. 2.  (a) (1) Fifty percent of all revenues received by the State
in a fiscal year and in the fiscal year immediately following it in
excess of the amount which may be appropriated by the State in
compliance with this article during that fiscal year and the fiscal
year immediately following it shall be transferred and allocated,
from a fund established for that purpose, pursuant to Section 8.5 of
Article XVI.
   (2) Fifty percent of all revenues received by the State in a
fiscal year and in the fiscal year immediately following it in excess
of the amount which may be appropriated by the State in compliance
with this article during that fiscal year and the fiscal year
immediately following it shall be returned by a revision of tax rates
or fee schedules within the next two subsequent fiscal years.
   (b) All revenues received by an entity of government, other than
the State, in a fiscal year and in the fiscal year immediately
following it in excess of the amount which may be appropriated by the
entity in compliance with this article during that fiscal year and
the fiscal year immediately following it shall be returned by a
revision of tax rates or fee schedules within the next two subsequent
fiscal years.



California Constitution
ARTICLE 13B  GOVERNMENT SPENDING LIMITATION


SEC. 3.  The appropriations limit for any fiscal year pursuant to
Sec.  1 shall be adjusted as follows:
   (a) In the event that the financial responsibility of providing
services is transferred, in whole or in part, whether by annexation,
incorporation or otherwise, from one entity of government to another,
then for the year in which such transfer becomes effective the
appropriations limit of the transferee entity shall be increased by
such reasonable amount as the said entities shall mutually agree and
the appropriations limit of the transferor entity shall be decreased
by the same amount.
   (b) In the event that the financial responsibility of providing
services is transferred, in whole or in part, from an entity of
government to a private entity, or the financial source for the
provision of services is transferred, in whole or in part, from other
revenues of an entity of government, to regulatory licenses, user
charges or user fees, then for the year of such transfer the
appropriations limit of such entity of government shall be decreased
accordingly.
   (c) (1) In the event an emergency is declared by the legislative
body of an entity of government, the appropriations limit of the
affected entity of government may be exceeded provided that the
appropriations limits in the following three years are reduced
accordingly to prevent an aggregate increase in appropriations
resulting from the emergency.
   (2) In the event an emergency is declared by the Governor,
appropriations approved by a two-thirds vote of the legislative body
of an affected entity of government to an emergency account for
expenditures relating to that emergency shall not constitute
appropriations subject to limitation.  As used in this paragraph,
"emergency" means the existence, as declared by the Governor, of
conditions of disaster or of extreme peril to the safety of persons
and property within the State, or parts thereof, caused by such
conditions as attack or probable or imminent attack by an enemy of
the United States, fire, flood, drought, storm, civil disorder,
earthquake, or volcanic eruption.



California Constitution
ARTICLE 13B  GOVERNMENT SPENDING LIMITATION


SEC. 4.  The appropriations limit imposed on any new or existing
entity of government by this Article may be established or changed by
the electors of such entity, subject to and in conformity with
Constitutional and statutory voting requirements.  The duration of
any such change shall be as determined by said electors, but shall in
no event exceed four years from the most recent vote of said
electors creating or continuing such change.



California Constitution
ARTICLE 13B  GOVERNMENT SPENDING LIMITATION


SEC. 5.  Each entity of government may establish such contingency,
emergency, unemployment, reserve, retirement, sinking fund, trust, or
similar funds as it shall deem reasonable and proper.  Contributions
to any such fund, to the extent that such contributions are derived
from the proceeds of taxes, shall for purposes of this Article
constitute appropriations subject to limitation in the year of
contribution.  Neither withdrawals from any such fund, nor
expenditures of (or authorizations to expend) such withdrawals, nor
transfers between or among such funds, shall for purposes of this
Article constitute appropriations subject to limitation.



California Constitution
ARTICLE 13B  GOVERNMENT SPENDING LIMITATION


SECTION 5.5.  Prudent State Reserve.  The Legislature shall
establish a prudent state reserve fund in such amount as it shall
deem reasonable and necessary.  Contributions to, and withdrawals
from, the fund shall be subject to the provisions of Section 5 of
this Article.



California Constitution
ARTICLE 13B  GOVERNMENT SPENDING LIMITATION


SEC. 6.  Whenever the Legislature or any state agency mandates a new
program or higher level of service on any local government, the
State shall provide a subvention of funds to reimburse such local
government for the costs of such program or increased level of
service, except that the Legislature may, but need not, provide such
subvention of funds for the following mandates:
   (a) Legislative mandates requested by the local agency affected;
   (b) Legislation defining a new crime or changing an existing
definition of a crime; or
   (c) Legislative mandates enacted prior to January 1, 1975, or
executive orders or regulations initially implementing legislation
enacted prior to January 1, 1975.



California Constitution
ARTICLE 13B  GOVERNMENT SPENDING LIMITATION


SEC. 7.  Nothing in this Article shall be construed to impair the
ability of the State or of any local government to meet its
obligations with respect to existing or future bonded indebtedness.



California Constitution
ARTICLE 13B  GOVERNMENT SPENDING LIMITATION


SEC. 8.  As used in this article and except as otherwise expressly
provided herein:
   (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.
   (b) "Appropriations subject to limitation" of an entity of local
government means any authorization to expend during a fiscal year the
proceeds of taxes levied by or for that entity and the proceeds of
state subventions to that entity (other than subventions made
pursuant to Section 6) exclusive of refunds of taxes.
   (c) "Proceeds of taxes" shall include, but not be restricted to,
all tax revenues and the proceeds to an entity of government, from
(1) regulatory licenses, user charges, and user fees to the extent
that those proceeds exceed the costs reasonably borne by that entity
in providing the regulation, product, or service, and (2) the
investment of tax revenues.  With respect to any local government,
"proceeds of taxes" shall include subventions received from the
State, other than pursuant to Section 6, and, with respect to the
State, proceeds of taxes shall exclude such subventions.
   (d) "Local government" means any city, county, city and county,
school district, special district, authority, or other political
subdivision of or within the State.
   (e) (1) "Change in the cost of living" for the State, a school
district, or a community college district means the percentage change
in California per capita personal income from the preceding year.
   (2) "Change in the cost of living" for an entity of local
government, other than a school district or a community college
district, shall be either (A) the percentage change in California per
capita personal income from the preceding year, or (B) the
percentage change in the local assessment roll from the preceding
year for the jurisdiction due to the addition of local nonresidential
new construction.  Each entity of local government shall select its
change in the cost of living pursuant to this paragraph annually by a
recorded vote of the entity's governing body.
   (f) "Change in population" of any entity of government, other than
the State, a school district, or a community college district, shall
be determined by a method prescribed by the Legislature.
   "Change in population" of a school district or a community college
district shall be the percentage change in the average daily
attendance of the school district or community college district from
the preceding fiscal year, as determined by a method prescribed by
the Legislature.
   "Change in population" of the State shall be determined by adding
(1) the percentage change in the State's population multiplied by the
percentage of the State's budget in the prior fiscal year that is
expended for other than educational purposes for kindergarten and
grades one to 12, inclusive, and the community colleges, and (2) the
percentage change in the total statewide average daily attendance in
kindergarten and grades one to 12, inclusive, and the community
colleges, multiplied by the percentage of the State's budget in the
prior fiscal year that is expended for educational purposes for
kindergarten and grades one to 12, inclusive, and the community
colleges.
   Any determination of population pursuant to this subdivision,
other than that measured by average daily attendance, shall be
revised, as necessary, to reflect the periodic census conducted by
the United States Department of Commerce, or successor department.
   (g) "Debt service" means appropriations required to pay the cost
of interest and redemption charges, including the funding of any
reserve or sinking fund required in connection therewith, on
indebtedness existing or legally authorized as of January 1, 1979, or
on bonded indebtedness thereafter approved according to law by a
vote of the electors of the issuing entity voting in an election for
that purpose.
   (h) The "appropriations limit" of each entity of government for
each fiscal year is that amount which total annual appropriations
subject to limitation may not exceed under Sections 1 and 3.
However, the "appropriations limit" of each entity of government for
fiscal year 1978-79 is the total of the appropriations subject to
limitation of the entity for that fiscal year.  For fiscal year
1978-79, state subventions to local governments, exclusive of federal
grants, are deemed to have been derived from the proceeds of state
taxes.
   (i) Except as otherwise provided in Section 5, "appropriations
subject to limitation" do not include local agency loan funds or
indebtedness funds, investment (or authorizations to invest) funds of
the State, or of an entity of local government in accounts at banks
or savings and loan associations or in liquid securities.



California Constitution
ARTICLE 13B  GOVERNMENT SPENDING LIMITATION


SEC. 9.  "Appropriations subject to limitation" for each entity of
government do not include:
   (a) Appropriations for debt service.
   (b) Appropriations required to comply with mandates of the courts
or the federal government which, without discretion, require an
expenditure for additional services or which unavoidably make the
provision of existing services more costly.
   (c) Appropriations of any special district which existed on
January 1, 1978, and which did not as of the 1977-78 fiscal year levy
an ad valorem tax on property in excess of 121/2 cents per $100 of
assessed value; or the appropriations of any special district then
existing or thereafter created by a vote of the people, which is
totally funded by other than the proceeds of taxes.
   (d) Appropriations for all qualified capital outlay projects, as
defined by the Legislature.
   (e) Appropriations of revenue which are derived from any of the
following:
   (1) That portion of the taxes imposed on motor vehicle fuels for
use in motor vehicles upon public streets and highways at a rate of
more than nine cents ($0.09) per gallon.
   (2) Sales and use taxes collected on that increment of the tax
specified in paragraph (1).
   (3) That portion of the weight fee imposed on commercial vehicles
which exceeds the weight fee imposed on those vehicles on January 1,
1990.



California Constitution
ARTICLE 13B  GOVERNMENT SPENDING LIMITATION


SEC. 10.  This Article shall be effective commencing with the first
day of the fiscal year following its adoption.



California Constitution
ARTICLE 13B  GOVERNMENT SPENDING LIMITATION


SEC. 10.5.  For fiscal years beginning on or after July 1, 1990, the
appropriations limit of each entity of government shall be the
appropriations limit for the 1986-87 fiscal year adjusted for the
changes made from that fiscal year pursuant to this article, as
amended by the measure adding this section, adjusted for the changes
required by Section 3.



California Constitution
ARTICLE 13B  GOVERNMENT SPENDING LIMITATION


SEC. 11.  If any appropriation category shall be added to or removed
from appropriations subject to limitation, pursuant to final
judgment of any court of competent jurisdiction and any appeal
therefrom, the appropriations limit shall be adjusted accordingly.
If any section, part, clause of phrase in this Article is for any
reason held invalid or unConstitutional, the remaining portions of
this Article shall not be affected but shall remain in full force and
effect.



California Constitution
ARTICLE 13B  GOVERNMENT SPENDING LIMITATION


SEC. 12.  "Appropriations subject to limitation" of each entity of
government shall not include appropriations of revenue from the
Cigarette and Tobacco Products Surtax Fund created by the Tobacco Tax
and Health Protection Act of 1988.  No adjustment in the
appropriations limit of any entity of government shall be required
pursuant to Section 3 as a result of revenue being deposited in or
appropriated from the Cigarette and Tobacco Products Surtax Fund
created by the Tobacco Tax and Health Protection Act of 1988.



California Constitution
ARTICLE 13B  GOVERNMENT SPENDING LIMITATION


SEC. 13.  "Appropriations subject to limitation" of each entity of
government shall not include appropriations of revenue from the
California Children and Families First Trust Fund created by the
California Children and Families First Act of 1998.  No adjustment in
the appropriations limit of any entity of government shall be
required pursuant to Section 3 as a result of revenue being deposited
in or appropriated from the California Children and Families First
Trust Fund.  The surtax created by the California Children and
Families First Act of 1998 shall not be considered General Fund
revenues for the purposes of Section 8 of Article XVI.




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