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LWV League of Women Voters of California Education Fund
Smart Voter
Sonoma County, CA March 8, 2005 Election
Measure H
Excellence in Education Act of 2005
Piner-Olivet Union School District

Parcel Tax - 2/3 Approval Required

See Also: Index of all Measures

Information shown below: Impartial Analysis | Arguments | Full Text

In order to retain our award winning music program, keep all four school libraries open, maintain and improve the instructional assistant programs and strengthen the computer technology programs shall the Piner-Olivet Union School District be authorized to levy an annual tax of $72 per taxable parcel for six years only, beginning July 1, 2005, with annual audits and a complete exemption for parcels owned and occupied by persons 65 years of age or over?

Impartial Analysis from the County Counsel
The Piner-Olivet Union School District has called an election on a special tax measure to fund educational programs. State law requires voter approval before a school district can impose a special tax.

This measure proposes a special tax of $72.00 per year per parcel for each parcel of land within the District's boundaries. The tax would be based on the privilege of using the parcel, would begin on July 1, 2005, and would remain in effect for no more than six years.

Proceeds of the tax would be placed in a special fund and could only be used for the purposes set out in the measure, which include retaining the District's music program, keeping all four school libraries open, maintaining and improving the instructional assistant programs, and strengthening the District's computer technology programs. Each year, beginning with the year ending December 31, 2005, the measure calls for preparation of a report by the Superintendent or Chief Financial Officer of the District, stating the amount received and expended from the tax for that year, and the status of any projects, and description of any programs, funded from the proceeds of the tax.

The tax would be applied to each unit of real property in the District that receives a separate tax bill for property taxes. Parcels which are exempt from property tax, or on which no property tax is otherwise levied, are also exempt from this tax. The measure also exempts from the tax parcels owned or partially owned and occupied by a person who will be 65 years of age or older on or before May 1, 2005, or May 1 of any subsequent year for which the tax is assessed. Persons claiming exemptions based on ownership by a senior citizen would need to apply to the District for this exemption the first year it applied to them. The measure describes what steps must be followed to appeal any decision regarding exemption, and apply for a refund of the tax, if appropriate.

If two-thirds of the voters in the Piner-Olivet Union School District who vote on this measure vote "yes," the measure will pass and the special tax will be levied. The tax would be collected in the same manner as regular property taxes starting with the 2005-2006 fiscal year.

STEVEN WOODSIDE
County Counsel
By: s/ Kathleen Larocque
Deputy County Counsel

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Arguments For Measure H
A yes vote on Measure H will retain the Piner-Olivet Union School District's award winning music program, keep all four school libraries open, maintain and improve the instructional assistant programs and strengthen the computer technology programs. Measure H will directly benefit Piner-Olivet Union School District students and is our local remedy to the statewide problem of limited education funding.

Measure H has financial safeguards built in. The funds will be audited annually. This measure will provide a stable source of local funds to offset the uncertainty of state funding. Local voters can provide a significant investment in our students with what equates to only $6.00 a month.

As we all know, the State has cut funding to all school districts. Over the past four years, our local School District has cut over $2 million dollars from its budget, impacting our school programs. We either cut programs or develop community funding to retain program quality.

Measure H will be in effect for only 6 years and must be used for the priorities outlined. Senior citizens 65 years of age or older may apply for a full exemption from this assessment for parcels they own and occupy.

Good schools protect property values and attract families to our community. Measure H will retain our award winning music program, keep all four school libraries open, maintain and improve the instructional assistant programs and strengthen the computer technology programs. Measure H is a local solution that will maintain excellence in our local schools.

Please join our local effort in voting Yes on Measure H.

s/ Kathy S. Sharp
Active Parent Volunteer
s/ Lisa Anderson
Former President Piner Parents
s/ Mardi Hinton
Former Governing Board Member

(No arguments against Measure H were submitted)

Full Text of Measure H
This Proposition may be known and referred to as the "Piner-Olivet Union School District Excellence in Education Act of 2005" or as "Measure H."

TERMS OF EXCELLENCE IN EDUCATION SPECIAL TAX

Terms and Purposes. Upon approval of two-thirds of those voting on this measure, the District shall be authorized to levy a qualified special tax of $72 per year on each parcel of taxable real property in the District for no more than 6 years, commencing July 1, 2005. The qualified special tax shall be known and referred to as the "Excellence in Education Tax." Proceeds of the Excellence in Education Tax shall be authorized to be used to retain our award winning music program. Keep all four school libraries open. Maintain and improve instructional assistant programs. Strengthen the computer technology programs.

Senior Citizen Exemption. In order to provide tax relief to senior citizens in the community, any parcel owned and occupied by a person 65 years of age or older shall be exempt from the Excellence in Education Tax upon proper application to the District. Anyone claiming an exemption must apply to the District on or before May 1, 2005 or May 1 of any succeeding assessment year. Any one application from a qualified applicant will provide an exemption for the parcel for the remaining term of the assessment so long as such applicant continues to qualify for the exemption.

ACCOUNTABILITY PROVISIONS

Annual Audit. Upon the levy and collection of the Excellence in Education Tax, the Board of Education shall cause an account to be established for deposit of the proceeds. For so long as any proceeds of the Excellence in Education Tax remain unexpended, the Superintendent or chief financial officer of the District shall prepare a report to be filed with the Board of Education no later than December 31 of each year, commencing December 31, 2005, stating (1) the amount of Excellence in Education Tax received and expended in such year, and (2) the status of any projects or description of any programs funded from proceeds of the tax. The report may relate to the calendar year, fiscal year, or other appropriate annual period, as the Superintendent shall determine, and may be incorporated into or filed with the annual budget, audit, or other appropriate routine report to the Board of Education.

Specific Purposes. All of the purposes named in the measure shall constitute the specific purposes of the Excellence in Education Tax, and proceeds of the tax shall be applied only for such purposes.

LEVY AND COLLECTION

The Excellence in Education Tax shall be collected by the Sonoma County Treasurer-Tax Collector at the same time and manner and shall be subject to the same penalties as ad valorem property taxes collected by the Treasurer-Tax Collector. Unpaid taxes shall bear interest at the same rate as the rate for unpaid ad valorem property taxes until paid. The collection of the Excellence in Education Tax shall not decrease the funds available from other sources of the District in any period from the effective date hereof.

"Parcel of taxable real property" shall be defined as any unit of real property in the District which receives a separate tax bill for ad valorem property taxes from the Sonoma County Treasurer-Tax Collector's Office. All property which is otherwise exempt from or on which are levied no ad valorem property taxes in any year shall also be exempt from the Excellence in Education Tax in such year. Parcels owned and occupied by persons 65 years of age or older are exempt from the Excellence in Education Tax as described above.

The District shall annually provide a list of parcels which the District has approved for a Senior Citizen Exemption from the Excellence in Education Act as described above to the Sonoma County tax collection officials. The Sonoma County Assessor's determination of exemption or relief for any reason other than the Senior Exemption of any parcel from taxation shall be final and binding for the purposes of the Excellence in Education Tax. Taxpayers wishing to challenge the County Assessor's determination must do so under the procedures for correcting a misclassification of property pursuant to Section 4876.5 of the California Revenue and Taxation Code or other applicable procedures. Taxpayers seeking a refund of Excellence in Education Taxes paid shall follow the procedures applicable to property tax refunds pursuant to the California Revenue and Taxation Code.

SEVERABILITY

The Board of Education hereby declares, and the voters by approving this measure concur, that every section and part of this measure has independent value, and the Board of Education and the voters would have adopted each provision hereof regardless of every other provision hereof. Upon approval of this measure by the voters, should any part be found by a court of competent jurisdiction to be invalid for any reason, all remaining parts hereof shall remain in full force and effect to the fullest extent allowed by law.


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Created: March 29, 2005 12:44 PST
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