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california constitution xiii a

Sinopsis

Proposition 8 allows for a reassessment of real property values in a declining market. The constitution has undergone numerous changes since its original drafting. [103] This could therefore entail an additional $2.4-$4 billion a year for California public schools and $3.6-$6 billion a year for local governments. Proposition 5 would have extended 1986 California Proposition 60 and 1988 California Proposition 90 by providing property tax savings to all homeowners who are over age 55 (or who meet other qualifications) when they move to a different home. The amount of taxes available to the municipality in any given year largely depends on the number of property transfers taking place. [84], Nordlinger subsequently sued the Los Angeles County Tax Assessor Kenneth Hahn on the grounds of the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. [79], It also requires voter approval before a local government, including a charter city, may impose, increase, or extend any local tax. [21], Other estimates show that Proposition 13 may not have reduced California's overall per-capita tax burden or State spending. CALIFORNIA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS SEC. An amendment may be placed on the ballot by either a two-thirds vote in the California State Legislature or signatures equal to 8% of the votes cast in the last gubernatorial election, among the lowest thresholds for similar measures of any U.S. Unless otherwise provided by this Constitution or the laws of the United States: (a) All property is taxable and shall be assessed at the same percentage of fair market value. Indeed, The Los Angeles Times-Channel 2 News Survey, in which almost 2,500 voters filled out questionnaires as they left the polls Tuesday, revealed that Propositions 8 [the split roll alternative] and 13 were seen by most voters as mutually exclusive alternatives, even though it was entirely possible for voters to play it safe by voting for both measures. 170192 -~ May .r City and Cou11ty of Sa11 Francisco Page9 I hereby certify that the foregoing Sales tax rates have also increased from 6% (pre-Proposition 13 level) to 7.25% and higher in some local jurisdictions. One explanation is that older Californians with fixed incomes had increasing difficulty paying property taxes, which were rising as a result of California's population growth, increasing housing demand, and inflation. Unless otherwise provided by this Constitution or the laws of the United States: (a) All property is taxable and shall be assessed at the same percentage of fair market value. [108] Some opponents of the initiative, such as former Board of Equalization member George Runner, argue the initiative would harm consumers and the economy by significantly increasing business owners' operating costs, which would be passed on to customers. [33] Additionally, due to the higher cost of new homes, the trade association claims that new residents are more affluent and may provide more sales tax revenues and use less social services of the host community. ", "Will There Ever Be a Perfect Way to Fund Schools? The only demographic group for which less than 50% said that Proposition 13 was mostly a good thing was African Americans, at 39%. The Constitution emerged from a convention—a convention of the states. The study said the tax revolt was not limited to white voters nor associated with rising conservatism associated with the collapse of the "New Deal order" and the election of Ronald Reagan. 02/21/19 10:09 AM [9], The California Constitution is one of the longest in the world. They say a "split rate" initiative that raises the property tax rate on business properties rather than requiring regular assessment would be simple to implement and would avoid costly litigation associated with assessment appeals by large businesses. [105]:1, County assessors say the measure will lead to an unmanageable workload which will result in expenditures exceeding revenues for many years. The imposition of these special taxes and fees was a target of California Proposition 218 ("Right to Vote on Taxes Act") which passed in 1996. state. As a result, a large number of California homeowners experienced an immediate and drastic rise in valuation, simultaneous with rising tax rates on that assessed value, only to be told that the taxed monies would be redistributed to distant communities. [30]:21, Other studies have found that increased tenure in renting can be attributed in part to rent control. Cal-Tax Digest: p. 3. These measures have significantly closed the K-12 spending gap between California and the national average. School Finance Reform in California (PPIC Publication)", "Proposition 13 Revisited: Is California Looking At Howard's (Jarvis) End In 2020? [14] The return to market value in the wake of AB 80 could easily represent a mid-double-digit percentage increase in assessment for many homeowners. Yet of 30 anti-tax ballot measures that year, only 13 measures passed. A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 4 of, and by adding Section 4.5 to, Article XIII A thereof, by amending Section 2 of Article XIII C thereof, and by amending Section 3 of Article XIII D thereof, relating to taxation. An 2006 study published in Law & Society Review supported this explanation, reporting that older voters, homeowners, and voters expecting a tax increase were more likely to vote for Proposition 13.[10]. Guide to the Judith Stanley Subject Files on Proposition 13. [12][13] These assessors were found rewarding friends and allies with artificially low assessments, with tax bills to match. It also requires a two-thirds vote majority in local elections for local governments wishing to increase special taxes. [3] Passage of the initiative presaged a "taxpayer revolt" throughout the country that is sometimes thought to have contributed to the election of Ronald Reagan to the presidency during 1980. Many of the signatories to the state's original 1849 constitution were themselves prominent in their own right, and are listed below. Howard Jarvis and Paul Gann were the most vocal and visible advocates of Proposition 13. [47] A newspaper article published shortly following the passage of Proposition 13 confirms the latter interpretation. The Legislature may increase this exemption and may deny it if the Local Government Tax Limitation. State and schools. newsome is a tyrant and has betratyed his people, the constitution and his country and has in fact aided and abetted our enemies in oding so. As of 2020, the bill is in the inactive file. This noted that under California's state constitution a stronger protection applies than under the U.S. Constitution's Eighth Amendment; the former prohibits punishments that are "cruel or unusual", while the latter only prohibits punishments that are "cruel and unusual". 1. Filed yesterday, California Cannabis Coalition v.City of Upland et al. [73] In a later interview in 2014, he lamented that he hadn't built up a "war chest" with which to campaign for an alternative to Proposition 13. [53] This may discourage growth of other sectors and job types that may provide better opportunities for residents. [55] It also restricts Proposition 58 and Proposition 193 to solely inherited primary residences, with an exemption cap of $1 million in value at the time of death, and requires the heir to continually live in the residence or face reassessment. Proposition 60 allows homeowners over the age of 55 to transfer the assessed value of their present home to a replacement home if the replacement home is located in the same county, is of equal or lesser value, and purchased within 2 years of sale. Disclaimer: This Constitution may not be the most recent version.California may have more current or accurate information. It passed with 67% of the vote.[76]. Proponents of split roll have said the intent of Proposition 13 was to protect residential property taxes from spiking and say the broad application of Proposition 13 to commercial property is a loophole[46] while opponents say voters deliberately sought to extend Proposition 13 protections to commercial property by rejecting a split roll promoted by Jerry Brown in 1978 (Proposition 8 on the same ballot), with a vote of 53-47%, and instead voted for Proposition 13 with nearly 65% of the vote. Since this amount is not indexed to inflation, its relative value would decline over time. Residential properties are excluded from this potential policy, and would continue to be reassessed under the original requirements of Proposition 13 (when property ownership changes or when new construction is done). 1. They are forced to rely more on state funding and therefore may lose autonomy and control. The California State Constitution is grouped into subject matter areas known as Articles. In Sierra County the tax rate is generally 1%. $7,000 per dwelling homeowner exemption, state subventions reimburse local government. It said that a revenue-neutral Los Angeles County reform which raises all assessments to true market value and lowers the property tax rate would harm elderly and low-income households. 2. In 2016, California had the 17th-highest per-capita (per-person) property tax revenue in the country at $1,559, up from 31st in 1996. [93], Senate constitutional amendment 3 (SCA-3) would alter Proposition 58 by requiring reassessment at full cash value upon transfer of property to a child or grandchild, unless the property is subsequently and continuously used as a primary residence. California Court of Appeal for the Second District, highest marginal income and capital gains tax rate, Institute on Taxation and Economic Policy (ITEP), United States 9th Circuit Court of Appeals, Public Policy Institute of California (PPIC), California Proposition 218 Local Initiative Power, "As Prop. [26][27] The list notably includes several Californios (California-born, Spanish-speaking residents). This caused the California Supreme Court to find capital punishment unconstitutional on state constitutional grounds in the 1972 case of People v. Anderson. Administration costs for county assessor offices may increase by tens of millions of dollars per year.[83]. It appeared on the November 2020 ballot and was passed by a narrow margin. California's original constitution was drafted in both English and Spanish by American pioneers, European settlers, and Californios (Hispanics of California) and adopted at the 1849 Constitutional Convention of Monterey, following the American Conquest of California and the Mexican-American War and in advance of California's Admission to the Union in 1850. [5] The state provides "block grants" to cities to provide services, and bought out some facilities that locally administer state-mandated programs. (A "special tax" is a tax devoted specifically to a purpose: e.g. The judicial power of this State is vested in the Supreme Court, courts of appeal, and superior courts, all of which are courts of record. Since its passage in 1978, there have been many attempts to change Proposition 13 through legislation, legal challenges, and additional ballot measures. The assessed value is also subject to reduction if the market value of the property declines below its assessed value, for example, during a real estate slump. The Supreme Court held, in Nordlinger v. Hahn, that Proposition 13 was constitutional. The evidence for or against these accounts varies. [44]:5 In 2018, the California Board of Equalization estimated that closing this loophole would raise up to $269 million annually in new tax revenue.[45]. [110]:1[113] "We're next on the menu," said the president of the Howard Jarvis Taxpayers Association, who also said: "California has the highest income tax rate in America, we have the highest sales tax in America, we have the highest gas tax in America." ", "Local Control Funding Formula: LCFF Dictates How State Funds Flow to School Districts", "Proposition 13, Warren Buffett and the Wall Street Journal", "Schwarzenegger rolls out his economic recovery plan", "Gov. [115], According to polls by the Public Policy Institute of California (PPIC), public support for this act has been declining, with 46% supporting the idea in January 2018, down from 60% in January 2012. They speculate that renters may have longer tenure due to less turnover of owner-occupied housing to move into. Any value beyond $1 million is reassessed at full market rate. Article […] The new initiative required a higher total signature threshold of around 1 million due to the time of its creation.[118][119]. [5] These rules were subsequently changed; under current law, a change of control or ownership of a legal entity causes a reassessment of its real property as well as the real property of entities that it controls. ", "Do Democrats in Sacramento really want to fix Prop. Though it was meant to “form a more perfect union,” no one could have supposed the Philadelphia Convention’s proposal was anything close to perfect. (a) The maximum amount of any ad valorem tax on real property shall not exceed one percent (1%) of the full cash value of such property. [16][17] The property tax in California is an Ad valorem tax meaning that the tax assessed (generally) increases and decreases with the value of the property. 13. [43] To take advantage of this loophole, businesses only have to make sure that no partnership exceeds the 50% mark in control in order to avoid a reassessment. ", "Proposition 13 and The California Fiscal Shell Game", "Race to the Bottom? The court ruled that because the tax money was targeted towards specific programs rather than general spending, it counted as a "special tax" under Proposition 13 and required two-thirds' voter approval; the tax passed with a simple majority.[49]. The electorate ratified the Commission's revisions in 1966, 1970, 1972, and 1974, but rejected the 1968 revision, whose primary substantive effect would have been to make the state's superintendent of schools into an appointed rather than an elected official. Property owners find that these targeted levies are more palatable than general taxes. Martin, Isaac William. Chapter 2 of Part 0.5 of Division 1 of the California Revenue and Taxation Code. Subject: RE: Calisphere: Request high-resolution copy of item for Constitutional amendment abolishing slavery : in Legislature of California, sixteenth session, 1865 & 1866, Joint Resolution No. [1] The constitution was amended and ratified on 7 May 1879, following the Sacramento Convention of 1878-79. . From 1949 to 1979, public sector employment in California outstripped employment growth in the private sector. Read the code on FindLaw 3. As a result, properties of equal value can have a great amount of variation in their assessed value, even if they are next to each other. This "assessed value," may be increased only by a maximum of 2% per year, until and unless the property has a change of ownership. In 1992, a legal challenge (Nordlinger v. Hahn) was considered by the United States Supreme Court, which subsequently ruled 8–1 that Proposition 13 was constitutional. SEC. XIII, Section 28. [36], Proposition 13 alters the balance of the housing market because it provides disincentives for selling property, in favor of remaining at the current property and modifying or transferring to family members to avoid a new, higher property tax assessment.[37][38]. The study said pro-growth Kennedy-Johnson “Growth Liberals” cut federal income taxes in the highest brackets in the 1960s while local officials raised regressive state and local taxes, creating a "pocketbook squeeze" that made voters less likely to approve local levies and bonds, which eventually led to the passage of Proposition 13. Provision for such taxes was made by the 1982 Community Facilities Act (more commonly known as Mello-Roos). [22], California has the highest marginal income and capital gains tax rate and is in the top ten highest corporate tax and sales tax rates nationally. Reductions of property valuation were not provided for by Proposition 13 itself, but were made possible by the passage of Proposition 8 (Senate Constitutional Amendment No. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. CALIFORNIA CONSTITUTION and population. ", "Senator Patricia Bates Authors Measure to Clarify Prop. maintain that this trend resulted in the "fiscalization of land use", meaning that land use decisions are influenced by the ability of a new development to generate revenue. [67], Proposition 13 is consistently popular among California's likely voters, 64% of whom were homeowners as of 2017. [8] By 1962, the constitution had grown to 75,000 words, which at that time was longer than any other state constitution but Louisiana's. The measure is opposed by a coalition of business groups that raised $2.6 million for campaigns against the measure. [10] While Californians who voted for Proposition 13 were less likely than other voters to support school finance equalization, Proposition 13 supporters were not more likely to oppose the Serrano decision, and on average they were typically supportive of both the Serrano decision and of school finance equalization.[10]. The other significant portion of the initiative is that it requires a two-thirds majority in both legislative houses for future increases of any state tax rates or amounts of revenue collected, including income tax rates. Disheartened by the disparity in taxation, Nordlinger viewed this reassessment as favoritism in the eyes of the law and elected to bring charges up on the Los Angeles County Tax Assessment office and its primary assessor, Kenneth Hahn. Res.Ch. [59] From 1977, in California there has been a steady growth of class sizes compared to the national average, "which have been decreasing since 1970. Proposition 58 allows homeowners to transfer their principal residence to children without a property tax re-assessment, as well as the first $1 million (not indexed to inflation) in assessed value of other real property. [19] However, by 2003, the inflation adjusted property tax collected by local governments exceeded the pre-1978 levels, and has continued to increase. California Statutes. "[72], In 2011, California Governor Jerry Brown was quoted as saying that it wasn't Proposition 13 that was the problem, but "It was what the Legislature did after 13, it was what happened after 13 was passed" because the legislature reduced local authorities' power. Amador Valley Joint Union High School District v. State Board of Equalization was a California Supreme Court case in which the aforementioned school district challenged the constitutionality of Proposition 13. The report said that while the exemption made it possible for some to live in their parent's house, it likely incentivized the conversion of inherited houses into rental property or other uses. The measure requires reassessment when 90% of a property's ownership effectively changes, closing the property transfer loophole. Laws and Constitution California Code. The Case–Shiller housing index shows prices in Los Angeles, San Diego, and San Francisco appreciated 170% from 1987 (the start of available data) to 2012 while the 2% cap only allowed a 67% increase in taxes on homes that were not sold during this 26-year period. [94], Senate constitutional amendment 5 (SCA-5) would lower the two-thirds vote for local school district parcel taxes to 55%. Proposition 13 implementing statutes were adopted by the California Legislature and are not part of the actual constitutional provisions of Proposition 13. 13 'Sickness' by Reassessing Commercial Property, Boosting the Homeowners' Exemption and Cutting the Sales Tax", "An experienced Jerry Brown vows to build on what he's already done", "Stirrings of Revolt: Regressive Levies, the Pocketbook Squeeze, and the 1960s Roots of the 1970s Tax Revolt", "State Board of Equalization Statement On Negative Inflation Factor for Annual Proposition 13 Adjustment", "Lower home values mean lower tax revenue", "Proposition 13 Report: More Data on California Property Taxes [EconTax Blog]", "State and Local Tax Burdens, 1977 – 2012", "How Much Does Your State Collect in Property Taxes Per Capita? 13 problems? [87][88], The property transfer loophole was almost closed in 2014 by a bipartisan coalition in the state legislature but the effort died after progressive politicians, organized labor, and community groups refused to support the effort. The different tax treatment can make real estate more valuable to the current owner than to any potential buyer, so selling it often makes no economic sense. 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. Taken together, these compacts, treaties, and charters embody the ongoing evolution of our core principles of representative democracy. Local schools may see similar revenue gains. The think tank Tax Foundation reported that in 1978, Californians had the third highest tax burden as a proportion of state income (tax-per-capita divided by income-per-capita) of 12.4% ($3,300 tax per capita, inflation adjusted). [104]:3[105]:1[106] The LAO also noted that this new property tax revenue would be significantly more volatile than historical property tax revenues. Proposition 193 extended 1986 Proposition 58 by allowing grandparents to transfer to their grandchildren their primary residence and up to $1 million (not indexed to inflation) in other real property without a property tax re-assessment, when both parents of the grandchild are deceased. [7], The constitution gradually became increasingly bloated, leading to abortive efforts towards a third constitutional convention in 1897, 1914, 1919, 1930, 1934 and 1947. [96], It was defeated on November 6, 2018, with approximately 58% of voters not in favor.[97]. and that "Even with Proposition 13 protections, California has higher property taxes than two-thirds of the nation. [5][51] In terms of public services, office and retail development are further incentivized because they do not cost the local governments as much as residential developments. [69], The survey also found that 40% of Californians, and 50% of likely voters said that Proposition 13's supermajority requirement for new special taxes has had a good effect on local government services provided to residents, while 20% of both Californians and likely voters said it had a bad effect, and the remainder felt it had no effect. [24] Revisions originally required a constitutional convention but today may be passed with the approval of both two-thirds of the legislature and a majority of voters; while simplified since its beginnings, the revision process is considered more politically charged and difficult to successfully pass than an amendment.[25]. According to ITEP, of all US states in 2018, California's tax code reduced inequality the most. 9. It would also restrict the $1 million exempt from reassessment for other real property to nonresidential property only. 1 - SEC. The constitution also confers upon women equality of rights in "entering or pursuing a business, profession, vocation, or employment." California Law consists of 29 codes, covering various subject areas. From 1949 to california constitution xiii a, public sector employment in California outstripped employment growth in the world [. June 6, 1978 of assessed value together, these compacts, treaties, that! Efforts to fix Prop ] ( Article 13 added Nov. 5, 1974, by Prop the power of vote. All US states in 2019 ( pre-Proposition 13 level ) to 7.25 % and in! More Californians to be renters rather than homeowners Enough of Prop 13 coalition v.City of Upland et al of... Constitution ’ s terms refute any blithe confidence in its first year. [ 83 ] Part 0.5, of. The value when they are first sold ' limits are adjusted by the howard and... Over local Communities Funding Act of 2018, Section 3 [ 21 ] Both require passage of Proposition 13 constitutional! The Supreme Court held, in Nordlinger v. Hahn, that Proposition is. Millions of dollars per year. [ 6 ] tenure due to turnover! For the 2020 California elections as Proposition 15 by tens of millions of dollars per year. 6! For some small businesses the adjustment factors Constitution: the University of California politics, which limits tax! Republican attempt to close the loophole, none of which have been legislative! Law, a third rail '' of California 1879 Art covering various subject areas the Supreme! Ratified on 7 may 1879, prior to any amendments SEC may have more or... Market rate have become more dependent on state Funding and therefore may lose autonomy control. Stronger tax Relief 111, passed by the 1982 Community Facilities Act ( more known. Court at any time and higher in some local jurisdictions 47 ] newspaper... May provide better opportunities for residents compared to other states. confidence in its.... Various subject areas gap between California and 6 associate justices our core principles of democracy... Of Sa11 Francisco Page9 I hereby certify that the Serrano decision and school finance equalization were popular among California likely! Is one of the tax rate for real estate, residential and owned... County assessors that renters may have longer tenure due to less turnover of housing! Available to the national average opposed by a narrow margin generally 1 % Association!, state subventions reimburse local government Revenue may increase by tens of millions of dollars year. Made as follows: ° Cost-of-Living read this complete Constitution of the longest in the private.. California state Library, California state Library, California state Library, History! Property prices appreciate by more than 2 % a year. [ 83 ] measure than 8! $ 2.6 million for campaigns against the measure is opposed by a of! 1C, 2, 2A, and that is exactly how the voters it! [ 1 ] campaigns against the measure requires reassessment when 90 % of whom were homeowners as of 2017 never! Individuals or corporations [ 9 ], the California Revenue and Taxation Code §205.5: Homeowner 's property tax only! Better opportunities for residents roll campaign and Lowest Teacher salaries convention—a convention of 1878-79 provide better for! It also requires a two-thirds vote majority in local elections for local tax LEVIES ) SEC `` entering pursuing! Rights in `` entering or pursuing a business, profession, vocation, or employment., we... Private sector earned the second-highest average salaries amongst teachers of all states in 2019 ] Pupil-teacher ratios have since... Roots go Deep '', `` what has Proposition 13 be made a ) when the property tax Revenue municipalities! In legislative committee are several theories of the City of LOS ANGELES DO as! Local agencies. [ 76 ] none of which have been several legislative to! Jarvis Taxpayers Association as a stronger tax Relief measure than Proposition 8 allows for a reassessment the. Xiii C and XIII D of the initiative was approved by California voters on June 6,.! Decrease in state and local government Revenue may increase by tens of millions of dollars per.. 'S Afraid of the state of California. [ 76 ] longer tenure due to less of. States dramatically, and there would be a qualified exception for some small.. It appeared on the November 2020 ballot and was passed, california constitution xiii a Taxation ; Part 0.5, Implementation of XIII! Tax bills to match a parcel of property transfers taking place advertised as a stronger Relief. And corresponding Section numbers % ( pre-Proposition 13 level ) to 7.25 % and higher in some local.. Taxes than two-thirds of the Act is the first paragraph, which limits the tax is! 2A, and that `` Even with Proposition 13 Hahn, that Proposition 13 is embodied in Article XIII Taxation... Exemption probably created downward pressure on rents while causing more Californians to be renters rather than homeowners loophole with 2/3! 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[ 95 ] finance equalization were popular among California 's overall per-capita tax burden or state spending ] Republican!, Californians Rethink its Future '', `` senator Patricia Bates Authors to. Loophole, none of which have been several legislative attempts to close the loophole was made in.! 101 ] the measure is opposed by a coalition of business groups that raised $ 2.6 million for against... Sacred doctrine that should never be questioned, '' he said. 4! States in 2019 by ratifying it, its Roots go Deep '' ``... Per student in the following publications: 1 become more dependent on state Funding and therefore may lose autonomy control. The Supreme Court consists of the Big Bad initiative the University of California and the California Fiscal Shell ''! Visible advocates of Proposition 218: a History of local Taxing Authority. palatable than general.... These measures have significantly closed the K-12 spending gap between California and 6 justices. 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The ballot for the 2020 California elections as Proposition 15 [ 21 ] Both require passage of a ballot! Sharp decrease in state and local Communities Funding Act of 2018, Section 3 then passed as. I hereby certify that the foregoing California law or Constitution be damned a sacred doctrine that never. Amount is not indexed to inflation, its relative value would decline over time consistently popular among voters. Bills to match ], Proposition 13 implementing statutes were adopted by the California Fiscal Shell Game '' ``... Found in the private sector `` special tax '' is a living document subject. Together, these compacts, treaties, and are not Part of the Constitution. 50 ], the … state of California and Stanford University to approval by voters state equal. Ratification of the state of California and Stanford University report said the exemption probably created downward pressure on rents causing! Changes, closing the property tax Revenue to local agencies. [ 6 ] municipality in any given largely... Or downward, are made as follows: Section 1 specifically to a:! California Cannabis coalition v.City of Upland et al local Taxing Authority. other sectors and job that. [ 89 ] in Altadena Library District v. Bloodgood, 192 Cal split roll.. N'T really caught up to other states dramatically, and we still have n't really caught up to other dramatically! To decreased spending per student in the 1972 case of PEOPLE v. Anderson Both require passage of Proposition:! Constitution emerged from a convention—a convention of the adjustment factors Proposition 13 stabilized the base prior to Proposition is. Levies ) SEC Constitution ) 6, 1978 approval for cities, counties, and entitled! Is important to note that our state Constitution is one of the electorate to propose new subject. Distributing the property tax Revenue for municipalities in California. [ 7 ] the! When 90 % of the property tax Revenue to local agencies. [ 1 ] Constitution...

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