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87 California Attorney General Reports and Opinions 1 (2004)

handle is hein.sag/sagca0087 and id is 1 raw text is: ATTORNEY GENERAL'S OPINIONS Opinion No. 03-804-January 30, 2004 Requested by: COUNTY COUNSEL, COUNTY OF HUMBOLDT Opinion by: BILL LOCKYER, Attorney General Susan Duncan Lee, Deputy THE HONORABLE TAMARA C. FALOR, COUNTY COUNSEL, COUNTY OF HUMBOLDT, has requested an opinion on the following question: Is an independent fire protection district eligible to receive Proposition 172 monies under the Local Public Safety Protection and Improvement Act of 1993? CONCLUSION An independent fire protection district is eligible to receive Proposition 172 monies under the Local Public Safety Protection and Improvement Act of 1993. ANALYSIS In 1978, California voters adopted Proposition 13 (Cal. Const., art. XIII A), which sharply reduced the amount of property tax revenues available to support local governments and schools. (See County of Los Angeles v. Sasaki (1994) 23 Cal.App.4th 1442, 1451-1453; 70 Ops.Cal.Atty.Gen. 87, 87-88 (1987).) Since then, the Legislature has taken a number of steps to provide additional funding for cities, counties, special districts, and schools. In 1993, the Legislature proposed, and the voters adopted, Proposition 172, a constitutional amendment known as the Local Public Safety Protection and Improvement Act of 1993, imposing a 0.50 percent sales tax to be used exclusively for local public safety services. (Cal. Const., art. XIII, § 35.) Under the statutes implementing Proposition 172 (Gov. Code, §§ 30051-30056),1 the sales tax revenues in question are deposited in the Local Public Safety Fund of the State Treasury (§§ 30051-30053). The Controller allocates the revenues to the counties in proportion to each county's share of the total statewide taxable sales. (§ 30052.) The counties, in turn, maintain a Public Safety Augmentation Fund for receipt of the revenues, and after retaining a portion of the monies, each county distributes the remainder to the cities within its boundaries according to a statutory formula. (§§ 30054-30055.) 1 All further statutory section references are to the Government Code, unless otherwise indicated. January 2004 I

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