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CALIFORNIA CONSTITUTION
PREAMBLE
We, the People of the State of California, grateful to Almighty God for our
freedom, in order to secure and perpetuate its blessings, do establish this
Constitution.
ARTICLE 1 DECLARATION OF RIGHTS
SECTION 1. All people are by nature free and independent and have inalienable
rights. Among these are enjoying and defending life and liberty, acquiring,
possessing, and protecting property, and pursuing and obtaining safety,
happiness, and privacy.
SEC. 2. (a) Every person may freely speak, write and publish his or her
sentiments on all subjects, being responsible for the abuse of this right. A law
may not restrain or abridge liberty of speech or press.
(b) A publisher, editor, reporter, or other person connected with or employed
upon a newspaper, magazine, or other periodical publication, or by a press
association or wire service, or any person who has been so connected or
employed, shall not be adjudged in contempt by a judicial, legislative, or
administrative body, or any other body having the power to issue subpoenas, for
refusing to disclose the source of any information procured while so connected
or
employed for publication in a newspaper, magazine or other
periodical publication, or for refusing to disclose any unpublished information
obtained or prepared in gathering, receiving or processing of information for
communication to the public. Nor shall a radio or television news reporter
or other person connected with or employed by a radio or television station, or
any person who has been so connected or employed, be so adjudged in contempt for
refusing to disclose the source of any information procured while so connected
or employed for news or news commentary
purposes on radio or television, or for refusing to disclose any
unpublished information obtained or prepared in gathering, receiving or
processing of information for communication to the public.
As used in this subdivision, "unpublished information" includes
information not disseminated to the public by the person from whom disclosure is
sought, whether or not related information has been disseminated and includes,
but is not limited to, all notes, outtakes, photographs, tapes or other data of
whatever sort not itself disseminated to the public through a medium of
communication, whether or not published information based upon or related to
such material has been disseminated.
SEC. 3. The people have the right to instruct their representatives, petition
government for redress of grievances, and assemble freely to consult for the
common good.
SEC. 4. Free exercise and enjoyment of religion without
discrimination or preference are guaranteed. This liberty of
conscience does not excuse acts that are licentious or inconsistent with the
peace or safety of the State. The Legislature shall make no law respecting an
establishment of religion. A person is not incompetent to be a witness or
juror because of his or her opinions on religious beliefs.
SEC. 5. The military is subordinate to civil power. A standing
army may not be maintained in peacetime. Soldiers may not be quartered in any
house in wartime except as prescribed by law, or in peacetime without the
owner's consent.
SEC. 6. Slavery is prohibited. Involuntary servitude is prohibited except to
punish crime.
SEC. 7. (a) A person may not be deprived of life, liberty, or
property without due process of law or denied equal protection of the laws;
provided, that nothing contained herein or elsewhere in this Constitution
imposes upon the State of California or any public entity, board, or official
any obligations or responsibilities which exceed those imposed by the Equal
Protection Clause of the 14th Amendment to the United States Constitution with
respect to the use of pupil school assignment or pupil transportation. In
enforcing this subdivision or any other provision of this Constitution, no court
of this State may impose upon the State of California or any
public entity, board, or official any obligation or responsibility
with respect to the use of pupil school assignment or pupil
transportation, (1) except to remedy a specific violation by such party that
would also constitute a violation of the Equal Protection Clause of the 14th
Amendment to the United States Constitution, and (2) unless a federal court
would be permitted under federal decisional law to impose that obligation or
responsibility upon such party to remedy the specific violation of the Equal
Protection Clause of the 14th Amendment of the United States Constitution.
Except as may be precluded by the Constitution of the United States, every
existing judgment, decree, writ, or other order of a court of this State,
whenever rendered, which includes provisions
regarding pupil school assignment or pupil transportation, or which requires a
plan including any such provisions shall, upon application to a court having
jurisdiction by any interested person, be modified to conform to the provisions
of this subdivision as amended, as applied to the facts which exist at the time
of such modification. In all actions or proceedings arising under or
seeking application of the amendments to this subdivision proposed by the
Legislature at its 1979-80 Regular Session, all courts, wherein such actions or
proceedings are or may hereafter be pending, shall give such actions or
proceedings first precedence over all other civil actions therein.
Nothing herein shall prohibit the governing board of a school
district from voluntarily continuing or commencing a school
integration plan after the effective date of this subdivision as
amended. In amending this subdivision, the Legislature and people of the State
of California find and declare that this amendment is necessary to serve
compelling public interests, including those of making the most effective use of
the limited financial resources now and prospectively available to support
public education, maximizing the educational opportunities and protecting the
health and safety of all public school pupils, enhancing the ability of parents
to participate in the educational process, preserving harmony and tranquility in
this State and its public schools, preventing the waste of scarce fuel
resources, and protecting the environment.
(b) A citizen or class of citizens may not be granted privileges
or immunities not granted on the same terms to all citizens.
Privileges or immunities granted by the Legislature may be altered or revoked.
SEC. 8. A person may not be disqualified from entering or pursuing a business,
profession, vocation, or employment because of sex, race, creed, color, or
national or ethnic origin.
SEC. 9. A bill of attainder, ex post facto law, or law impairing
the obligation of contracts may not be passed.
SEC. 10. Witnesses may not be unreasonably detained. A person may not be
imprisoned in a civil action for debt or tort, or in peacetime for a militia
fine.
SEC. 11. Habeas corpus may not be suspended unless required by public safety in
cases of rebellion or invasion.
SEC. 12. A person shall be released on bail by sufficient sureties, except for:
(a) Capital crimes when the facts are evident or the presumption great;
(b) Felony offenses involving acts of violence on another person, or felony
sexual assault offenses on another person, when the facts are evident or the
presumption great and the court finds based upon clear and convincing evidence
that there is a substantial likelihood the person's release would result in
great bodily harm to others; or
(c) Felony offenses when the facts are evident or the presumption great and the
court finds based on clear and convincing evidence that the person has
threatened another with great bodily harm and that there is a substantial
likelihood that the person would carry out the threat if released.
Excessive bail may not be required. In fixing the amount of bail, the court
shall take into consideration the seriousness of the offense charged, the
previous criminal record of the defendant, and the probability of his or her
appearing at the trial or hearing of the case. A person may be released on
his or her own recognizance in the court's discretion.
SEC. 13. The right of the people to be secure in their persons, houses, papers,
and effects against unreasonable seizures and searches may not be violated; and
a warrant may not issue except on probable cause, supported by oath or
affirmation, particularly describing the place to be searched and the persons
and things to be seized.
SEC. 14. Felonies shall be prosecuted as provided by law, either by indictment
or, after examination and commitment by a magistrate, by information. A
person charged with a felony by complaint subscribed under penalty of perjury
and on file in a court in the county where the felony is triable shall be taken
without unnecessary delay before a magistrate of that court. The magistrate
shall immediately give the defendant a copy of the complaint, inform the
defendant of the defendant's right to counsel, allow the defendant a reasonable
time to send for counsel, and on the defendant's request read the complaint to
the defendant. On the defendant's request the magistrate shall require a peace
officer to transmit within the county where the court is located a message to
counsel named by
defendant. A person unable to understand English who is charged with a
crime has a right to an interpreter throughout the proceedings.
SEC. 14.1. If a felony is prosecuted by indictment, there shall be no
postindictment preliminary hearing.
SEC. 15. The defendant in a criminal cause has the right to a
speedy public trial, to compel attendance of witnesses in the
defendant's behalf, to have the assistance of counsel for the
defendant's defense, to be personally present with counsel, and to be confronted
with the witnesses against the defendant. The Legislature may provide for the
deposition of a witness in the presence of the defendant and the defendant's
counsel. Persons may not twice be put in jeopardy for the same offense, be
compelled in a criminal cause to be a witness against themselves, or be deprived
of life, liberty, or property without due process of law.
SEC. 16. Trial by jury is an inviolate right and shall be secured
to all, but in a civil cause three-fourths of the jury may render a verdict. A
jury may be waived in a criminal cause by the consent of both parties expressed
in open court by the defendant and the defendant's counsel. In a civil cause a
jury may be waived by the consent of the parties expressed as prescribed by
statute. In civil causes the jury shall consist of 12 persons or a lesser
number agreed on by the parties in open court. In civil causes other than causes
within the appellate jurisdiction of the court of appeal the Legislature may
provide that the jury shall consist of eight persons or a lesser number agreed
on by the parties in open court.
In criminal actions in which a felony is charged, the jury shall
consist of 12 persons. In criminal actions in which a misdemeanor is charged,
the jury shall consist of 12 persons or a lesser number agreed on by the parties
in open court.
SEC. 17. Cruel or unusual punishment may not be inflicted or
excessive fines imposed.
SEC. 18. Treason against the State consists only in levying war against it,
adhering to its enemies, or giving them aid and comfort. A person may not
be convicted of treason except on the evidence of two witnesses to the same
overt act or by confession in open court.
SEC. 19. Private property may be taken or damaged for public use only when just
compensation, ascertained by a jury unless waived, has first been paid to, or
into court for, the owner. The Legislature may provide for possession by the
condemnor following commencement of eminent domain proceedings upon deposit in
court and prompt release
to the owner of money determined by the court to be the probable amount of just
compensation.
SEC. 20. Noncitizens have the same property rights as citizens.
SEC. 21. Property owned before marriage or acquired during marriage by gift,
will, or inheritance is separate property.
SEC. 22. The right to vote or hold office may not be conditioned by a property
qualification.
SEC. 23. One or more grand juries shall be drawn and summoned at least once a
year in each county.
SEC. 24. Rights guaranteed by this Constitution are not dependent on those
guaranteed by the United States Constitution. In criminal cases the rights
of a defendant to equal protection of the laws, to due process of law, to the
assistance of counsel, to be personally present with counsel, to a speedy and
public trial, to compel the attendance of witnesses, to confront the witnesses
against him or her, to be free from unreasonable searches and seizures, to
privacy, to not be compelled to be a witness against himself or herself, to not
be placed twice in jeopardy for the same offense, and
to not suffer the imposition of cruel or unusual punishment, shall be construed
by the courts of this State in a manner consistent with the Constitution of the
United States. This Constitution shall not be construed by the courts to afford
greater rights to criminal defendants than those afforded by the Constitution of
the United States, nor shall it be construed to afford greater rights to minors
in juvenile proceedings on criminal causes than those afforded by the
Constitution of the United States.
This declaration of rights may not be construed to impair or deny others
retained by the people.
Section 25. The people shall have the right to fish upon and from the public
lands of the State and in the waters thereof, excepting upon lands set aside for
fish hatcheries, and no land owned by the State shall ever be sold or
transferred without reserving in the people the absolute right to fish
thereupon; and no law shall ever be passed making it a crime for the people to
enter upon the public lands within this State for the purpose of fishing in any
water containing fish that have been planted therein by the State; provided,
that the legislature may by statute, provide for the season when and the
conditions under which the different species of fish may be taken.
SEC. 26. The provisions of this Constitution are mandatory and prohibitory,
unless by express words they are declared to be otherwise.
SEC. 27. All statutes of this State in effect on February 17, 1972, requiring,
authorizing, imposing, or relating to the death penalty are in full force and
effect, subject to legislative amendment or repeal by statute, initiative, or
referendum.
The death penalty provided for under those statutes shall not be deemed to be,
or to constitute, the infliction of cruel or unusual punishments within the
meaning of Article 1, Section 6 nor shall such punishment for such offenses be
deemed to contravene any other provision of this constitution.
SEC. 28. (a) The People of the State of California find and declare that the
enactment of comprehensive provisions and laws ensuring a bill of rights for
victims of crime, including safeguards in the criminal justice system to fully
protect those rights, is a matter of grave statewide concern. The rights
of victims pervade the criminal justice system, encompassing not only the right
to restitution from the wrongdoers for financial losses suffered as a result of
criminal acts, but also the more basic expectation that persons who commit
felonious acts
causing injury to innocent victims will be appropriately detained in custody,
tried by the courts, and sufficiently punished so that the public safety is
protected and encouraged as a goal of highest importance. Such public
safety extends to public primary, elementary, junior high, and senior high
school campuses, where students and staff have
the right to be safe and secure in their persons. To accomplish these
goals, broad reforms in the procedural
treatment of accused persons and the disposition and sentencing of convicted
persons are necessary and proper as deterrents to criminal behavior and to
serious disruption of people's lives.
(b) Restitution. It is the unequivocal intention of the People of
the State of California that all persons who suffer losses as a
result of criminal activity shall have the right to restitution from
the persons convicted of the crimes for losses they suffer.
Restitution shall be ordered from the convicted persons in every case,
regardless of the sentence or disposition imposed, in which a crime victim
suffers a loss, unless compelling and extraordinary reasons exist to the
contrary. The Legislature shall adopt provisions to implement this section
during the calendar year following adoption of this section.
(c) Right to Safe Schools. All students and staff of public
primary, elementary, junior high and senior high schools have the inalienable
right to attend campuses which are safe, secure and peaceful.
(d) Right to Truth-in-Evidence. Except as provided by statute
hereafter enacted by a two-thirds vote of the membership in each house of the
Legislature, relevant evidence shall not be excluded in any criminal proceeding,
including pretrial and post conviction motions and hearings, or in any trial or
hearing of a juvenile for a criminal offense, whether heard in juvenile or adult
court. Nothing in this section shall affect any existing statutory rule of
evidence relating to privilege or hearsay, or Evidence Code, Sections 352, 782
or 1103. Nothing in this section shall affect any existing statutory or
constitutional right of the press.
(e) Public Safety Bail. A person may be released on bail by
sufficient sureties, except for capital crimes when the facts are evident or the
presumption great. Excessive bail may not be required. In setting, reducing or
denying bail, the judge or
magistrate shall take into consideration the protection of the
public, the seriousness of the offense charged, the previous criminal record of
the defendant, and the probability of his or her appearing at the trial or
hearing of the case. Public safety shall be the primary consideration. A
person may be released on his or her own recognizance in the court's discretion,
subject to the same factors considered in setting bail. However, no person
charged with the commission of any serious felony shall be released on his or
her own recognizance. Before any person arrested for a serious felony may
be released on bail, a hearing may be held before the magistrate or judge, and
the prosecuting attorney shall be given notice and reasonable opportunity to be
heard on the matter. When a judge or magistrate grants or denies bail or
release on a person's own recognizance, the reasons for that decision shall be
stated in the record and included in the court's minutes.
(f) Use of Prior Convictions. Any prior felony conviction of any
person in any criminal proceeding, whether adult or juvenile, shall subsequently
be used without limitation for purposes of impeachment or enhancement of
sentence in any criminal proceeding. When a prior felony conviction is an
element of any felony offense, it shall be proven to the trier of fact in open
court.
(g) As used in this article, the term "serious felony" is any
crime defined in Penal Code, Section 1192.7(c).
SEC. 29. In a criminal case, the people of the State of California have the
right to due process of law and to a speedy and public trial.
SEC. 30. (a) This Constitution shall not be construed by the courts to prohibit
the joining of criminal cases as prescribed by the Legislature or by the people
through the initiative process.
(b) In order to protect victims and witnesses in criminal cases,
hearsay evidence shall be admissible at preliminary hearings, as prescribed by
the Legislature or by the people through the initiative process.
(c) In order to provide for fair and speedy trials, discovery in
criminal cases shall be reciprocal in nature, as prescribed by the Legislature
or by the people through the initiative process.
SEC. 31. (a) The State shall not discriminate against, or grant
preferential treatment to, any individual or group on the basis of race, sex,
color, ethnicity, or national origin in the operation of public employment,
public education, or public contracting.
(b) This section shall apply only to action taken after the
section's effective date.
(c) Nothing in this section shall be interpreted as prohibiting
bona fide qualifications based on sex which are reasonably necessary to the
normal operation of public employment, public education, or public contracting.
(d) Nothing in this section shall be interpreted as invalidating
any court order or consent decree which is in force as of the
effective date of this section.
(e) Nothing in this section shall be interpreted as prohibiting
action which must be taken to establish or maintain eligibility for any federal
program, where ineligibility would result in a loss of federal funds to the
State.
(f) For the purposes of this section, "State" shall include, but
not necessarily be limited to, the State itself, any city, county,
city and county, public university system, including the University of
California, community college district, school district, special district, or
any other political subdivision or governmental instrumentality of or within the
State.
(g) The remedies available for violations of this section shall be the same,
regardless of the injured party's race, sex, color, ethnicity, or national
origin, as are otherwise available for violations of then-existing California
antidiscrimination law.
(h) This section shall be self-executing. If any part or parts of
this section are found to be in conflict with federal law or the
United States Constitution, the section shall be implemented to the maximum
extent that federal law and the United States Constitution permit. Any provision
held invalid shall be severable from the remaining portions of this section
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SECTION 1. All political power is inherent in the people.
Government is instituted for their protection, security, and benefit,
and they have the right to alter or reform it when the public good
may require.
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 2. A United States citizen 18 years of age and resident in
this State may vote.
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 2.5. A voter who casts a vote in an election in accordance
with the laws of this State shall have that vote counted.
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 3. The Legislature shall define residence and provide for
registration and free elections.
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 4. The Legislature shall prohibit improper practices that
affect elections and shall provide for the disqualification of
electors while mentally incompetent or imprisoned or on parole for
the conviction of a felony.
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 5. The Legislature shall provide for primary elections for
partisan offices, including an open presidential primary whereby the
candidates on the ballot are those found by the Secretary of State to
be recognized candidates throughout the nation or throughout
California for the office of President of the United States, and
those whose names are placed on the ballot by petition, but excluding
any candidate who has withdrawn by filing an affidavit of
noncandidacy.
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 6. (a) All judicial, school, county, and city offices shall be
nonpartisan.
(b) No political party or party central committee may endorse,
support, or oppose a candidate for nonpartisan office.
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 7. Voting shall be secret.
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 8. (a) The initiative is the power of the electors to propose
statutes and amendments to the Constitution and to adopt or reject
them.
(b) An initiative measure may be proposed by presenting to the
Secretary of State a petition that sets forth the text of the
proposed statute or amendment to the Constitution and is certified to
have been signed by electors equal in number to 5 percent in the
case of a statute, and 8 percent in the case of an amendment to the
Constitution, of the votes for all candidates for Governor at the
last gubernatorial election.
(c) The Secretary of State shall then submit the measure at the
next general election held at least 131 days after it qualifies or at
any special statewide election held prior to that general election.
The Governor may call a special statewide election for the measure.
(d) An initiative measure embracing more than one subject may not
be submitted to the electors or have any effect.
(e) An initiative measure shall not include or exclude any
political subdivision of the State from the application or effect of
its provisions based upon approval or disapproval of the initiative
measure, or based upon the casting of a specified percentage of votes
in favor of the measure, by the electors of that political
subdivision.
(f) An initiative measure shall not contain alternative or
cumulative provisions wherein one or more of those provisions would
become law depending upon the casting of a specified percentage of
votes for or against the measure.
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 9. (a) The referendum is the power of the electors to approve
or reject statutes or parts of statutes except urgency statutes,
statutes calling elections, and statutes providing for tax levies or
appropriations for usual current expenses of the State.
(b) A referendum measure may be proposed by presenting to the
Secretary of State, within 90 days after the enactment date of the
statute, a petition certified to have been signed by electors equal
in number to 5 percent of the votes for all candidates for Governor
at the last gubernatorial election, asking that the statute or part
of it be submitted to the electors. In the case of a statute enacted
by a bill passed by the Legislature on or before the date the
Legislature adjourns for a joint recess to reconvene in the second
calendar year of the biennium of the legislative session, and in the
possession of the Governor after that date, the petition may not be
presented on or after January 1 next following the enactment date
unless a copy of the petition is submitted to the Attorney General
pursuant to subdivision (d) of Section 10 of Article II before
January 1.
(c) The Secretary of State shall then submit the measure at the
next general election held at least 31 days after it qualifies or at
a special statewide election held prior to that general election.
The Governor may call a special statewide election for the measure.
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 10. (a) An initiative statute or referendum approved by a
majority of votes thereon takes effect the day after the election
unless the measure provides otherwise. If a referendum petition is
filed against a part of a statute the remainder shall not be delayed
from going into effect.
(b) If provisions of 2 or more measures approved at the same
election conflict, those of the measure receiving the highest
affirmative vote shall prevail.
(c) The Legislature may amend or repeal referendum statutes. It
may amend or repeal an initiative statute by another statute that
becomes effective only when approved by the electors unless the
initiative statute permits amendment or repeal without their
approval.
(d) Prior to circulation of an initiative or referendum petition
for signatures, a copy shall be submitted to the Attorney General who
shall prepare a title and summary of the measure as provided by law.
(e) The Legislature shall provide the manner in which petitions
shall be circulated, presented, and certified, and measures submitted
to the electors.
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 11. (a) Initiative and referendum powers may be exercised by
the electors of each city or county under procedures that the
Legislature shall provide. Except as provided in subdivisions (b)
and (c), this section does not affect a city having a charter.
(b) A city or county initiative measure shall not include or
exclude any part of the city or county from the application or effect
of its provisions based upon approval or disapproval of the
initiative measure, or based upon the casting of a specified
percentage of votes in favor of the measure, by the electors of the
city or county or any part thereof.
(c) A city or county initiative measure shall not contain
alternative or cumulative provisions wherein one or more of those
provisions would become law depending upon the casting of a specified
percentage of votes for or against the measure.
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 12. No amendment to the Constitution, and no statute proposed
to the electors by the Legislature or by initiative, that names any
individual to hold any office, or names or identifies any private
corporation to perform any function or to have any power or duty, may
be submitted to the electors or have any effect.
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 13. Recall is the power of the electors to remove an elective
officer.
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 14. (a) Recall of a state officer is initiated by delivering
to the Secretary of State a petition alleging reason for recall.
Sufficiency of reason is not reviewable. Proponents have 160 days to
file signed petitions.
(b) A petition to recall a statewide officer must be signed by
electors equal in number to 12 percent of the last vote for the
office, with signatures from each of 5 counties equal in number to 1
percent of the last vote for the office in the county. Signatures to
recall Senators, members of the Assembly, members of the Board of
Equalization, and judges of courts of appeal and trial courts must
equal in number 20 percent of the last vote for the office.
(c) The Secretary of State shall maintain a continuous count of
the signatures certified to that office.
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 15. (a) An election to determine whether to recall an officer
and, if appropriate, to elect a successor shall be called by the
Governor and held not less than 60 days nor more than 80 days from
the date of certification of sufficient signatures.
(b) A recall election may be conducted within 180 days from the
date of certification of sufficient signatures in order that the
election may be consolidated with the next regularly scheduled
election occurring wholly or partially within the same jurisdiction
in which the recall election is held, if the number of voters
eligible to vote at that next regularly scheduled election equal at
least 50 percent of all the voters eligible to vote at the recall
election.
(c) If the majority vote on the question is to recall, the officer
is removed and, if there is a candidate, the candidate who receives
a plurality is the successor. The officer may not be a candidate,
nor shall there be any candidacy for an office filled pursuant to
subdivision (d) of Section 16 of Article VI.
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 16. The Legislature shall provide for circulation, filing, and
certification of petitions, nomination of candidates, and the recall
election.
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 17. If recall of the Governor or Secretary of State is
initiated, the recall duties of that office shall be performed by the
Lieutenant Governor or Controller, respectively.
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 18. A state officer who is not recalled shall be reimbursed by
the State for the officer's recall election expenses legally and
personally incurred. Another recall may not be initiated against the
officer until six months after the election.
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 19. The Legislature shall provide for recall of local
officers. This section does not affect counties and cities whose
charters provide for recall.
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 20. Terms of elective offices provided for by this
Constitution, other than Members of the Legislature, commence on the
Monday after January 1 following election. The election shall be
held in the last even-numbered year before the term expires.
ARTICLE 3 STATE OF CALIFORNIA
SEC. 1. The State of California is an inseparable part of the
United States of America, and the United States Constitution is the
supreme law of the land.
ARTICLE 3 STATE OF CALIFORNIA
SEC. 2. The boundaries of the State are those stated in the
Constitution of 1849 as modified pursuant to statute. Sacramento is
the capital of California.
ARTICLE 3 STATE OF CALIFORNIA
SEC. 3. The powers of state government are legislative, executive,
and judicial. Persons charged with the exercise of one power may not
exercise either of the others except as permitted by this
Constitution.
ARTICLE 3 STATE OF CALIFORNIA
SEC. 3.5. An administrative agency, including an administrative
agency created by the Constitution or an initiative statute, has no
power:
(a) To declare a statute unenforceable, or refuse to enforce a
statute, on the basis of it being unconstitutional unless an
appellate court has made a determination that such statute is
unconstitutional;
(b) To declare a statute unconstitutional;
(c) To declare a statute unenforceable, or to refuse to enforce a
statute on the basis that federal law or federal regulations prohibit
the enforcement of such statute unless an appellate court has made a
determination that the enforcement of such statute is prohibited by
federal law or federal regulations.
ARTICLE 3 STATE OF CALIFORNIA
SEC. 4. (a) Except as provided in subdivision (b), salaries of
elected state officers may not be reduced during their term of
office. Laws that set these salaries are appropriations.
(b) Beginning on January 1, 1981, the base salary of a judge of a
court of record shall equal the annual salary payable as of July 1,
1980, for that office had the judge been elected in 1978. The
Legislature may prescribe increases in those salaries during a term
of office, and it may terminate prospective increases in those
salaries at any time during a term of office, but it shall not reduce
the salary of a judge during a term of office below the highest
level paid during that term of office. Laws setting the salaries of
judges shall not constitute an obligation of contract pursuant to
Section 9 of Article I or any other provision of law.
ARTICLE 3 STATE OF CALIFORNIA
SEC. 5. Suits may be brought against the State in such manner and
in such courts as shall be directed by law.
ARTICLE 3 STATE OF CALIFORNIA
SEC. 6. (a) Purpose.
English is the common language of the people of the United States
of America and the State of California. This section is intended to
preserve, protect and strengthen the English language, and not to
supersede any of the rights guaranteed to the people by this
Constitution.
(b) English as the Official Language of California.
English is the official language of the State of California.
(c) Enforcement.
The Legislature shall enforce this section by appropriate
legislation. The Legislature and officials of the State of
California shall take all steps necessary to insure that the role of
English as the common language of the State of California is
preserved and enhanced. The Legislature shall make no law which
diminishes or ignores the role of English as the common language of
the State of California.
(d) Personal Right of Action and Jurisdiction of Courts.
Any person who is a resident of or doing business in the State of
California shall have standing to sue the State of California to
enforce this section, and the Courts of record of the State of
California shall have jurisdiction to hear cases brought to enforce
this section. The Legislature may provide reasonable and appropriate
limitations on the time and manner of suits brought under this
section.
ARTICLE 3 STATE OF CALIFORNIA
Sec. 7. (a) The retirement allowance for any person, all of whose
credited service in the Legislators' Retirement System was rendered
or was deemed to have been rendered as an elective officer of the
State whose office is provided for by the ,
other than a judge and other than a Member of the Senate or Assembly,
and all or any part of whose retirement allowance is calculated on
the basis of the compensation payable to the officer holding the
office which the member last held prior to retirement, or for the
survivor or beneficiary of such a person, shall not be increased or
affected in any manner by changes on or after November 5, 1986, in
the compensation payable to the officer holding the office which the
member last held prior to retirement.
(b) This section shall apply to any person, survivor, or
beneficiary described in subdivision (a) who receives, or is
receiving, from the Legislators' Retirement System a retirement
allowance on or after November 5, 1986, all or any part of which
allowance is calculated on the basis of the compensation payable to
the officer holding the office which the member last held prior to
retirement.
(c) It is the intent of the people, in adopting this section, to
restrict retirement allowances to amounts reasonably to be expected
by certain members and retired members of the Legislators' Retirement
System and to preserve the basic character of earned retirement
benefits while prohibiting windfalls and unforeseen advantages which
have no relation to the real theory and objective of a sound
retirement system. It is not the intent of this section to deny any
member, retired member, survivor, or beneficiary a reasonable
retirement allowance. Thus, this section shall not be construed as a
repudiation of a debt nor the impairment of a contract for a
substantial and reasonable retirement allowance from the Legislators'
Retirement System.
(d) The people and the Legislature hereby find and declare that
the dramatic increase in the retirement allowances of persons
described in subdivision (a) which would otherwise result when the
compensation for those offices increases on November 5, 1986, or
January 5, 1987, are not benefits which could have reasonably been
expected. The people and the Legislature further find and declare
that the Legislature did not intend to provide in its scheme of
compensation for those offices such windfall benefits.
ARTICLE 3 STATE OF CALIFORNIA
SEC. 8. (a) The California Citizens Compensation Commission is
hereby created and shall consist of seven members appointed by the
Governor. The commission shall establish the annual salary and the
medical, dental, insurance, and other similar benefits of state
officers.
(b) The commission shall consist of the following persons:
(1) Three public members, one of whom has expertise in the area of
compensation, such as an economist, market researcher, or personnel
manager; one of whom is a member of a nonprofit public interest
organization; and one of whom is representative of the general
population and may include, among others, a retiree, homemaker, or
person of median income. No person appointed pursuant to this
paragraph may, during the 12 months prior to his or her appointment,
have held public office, either elective or appointive, have been a
candidate for elective public office, or have been a lobbyist, as
defined by the Political Reform Act of 1974.
(2) Two members who have experience in the business community, one
of whom is an executive of a corporation incorporated in this State
which ranks among the largest private sector employers in the State
based on the number of employees employed by the corporation in this
State and one of whom is an owner of a small business in this State.
(3) Two members, each of whom is an officer or member of a labor
organization.
(c) The Governor shall strive insofar as practicable to provide a
balanced representation of the geographic, gender, racial, and ethnic
diversity of the State in appointing commission members.
(d) The Governor shall appoint commission members and designate a
chairperson for the commission not later than 30 days after the
effective date of this section. The terms of two of the initial
appointees shall expire on December 31, 1992, two on December 31,
1994, and three on December 31, 1996, as determined by the Governor.
Thereafter, the term of each member shall be six years. Within 15
days of any vacancy, the Governor shall appoint a person to serve the
unexpired portion of the term.
(e) No current or former officer or employee of this State is
eligible for appointment to the commission.
(f) Public notice shall be given of all meetings of the
commission, and the meetings shall be open to the public.
(g) On or before December 3, 1990, the commission shall, by a
single resolution adopted by a majority of the membership of the
commission, establish the annual salary and the medical, dental,
insurance, and other similar benefits of state officers. The annual
salary and benefits specified in that resolution shall be effective
on and after December 3, 1990.
Thereafter, at or before the end of each fiscal year, the
commission shall, by a single resolution adopted by a majority of the
membership of the commission, adjust the annual salary and the
medical, dental, insurance, and other similar benefits of state
officers. The annual salary and benefits specified in the resolution
shall be effective on and after the first Monday of the next
December.
(h) In establishing or adjusting the annual salary and the
medical, dental, insurance, and other similar benefits, the
commission shall consider all of the following:
(1) The amount of time directly or indirectly related to the
performance of the duties, functions, and services of a state
officer.
(2) The amount of the annual salary and the medical, dental,
insurance, and other similar benefits for other elected and appointed
officers and officials in this State with comparable
responsibilities, the judiciary, and, to the extent practicable, the
private sector, recognizing, however, that state officers do not
receive, and do not expect to receive, compensation at the same
levels as individuals in the private sector with comparable
experience and responsibilities.
(3) The responsibility and scope of authority of the entity in
which the state officer serves.
(i) Until a resolution establishing or adjusting the annual salary
and the medical, dental, insurance, and other similar benefits for
state officers takes effect, each state officer shall continue to
receive the same annual salary and the medical, dental, insurance,
and other similar benefits received previously.
(j) All commission members shall receive their actual and
necessary expenses, including travel expenses, incurred in the
performance of their duties. Each member shall be compensated at the
same rate as members, other than the chairperson, of the Fair
Political Practices Commission, or its successor, for each day
engaged in official duties, not to exceed 45 days per year.
(k) It is the intent of the Legislature that the creation of the
commission should not generate new state costs for staff and
services. The Department of Personnel Administration, the Board of
Administration of the Public Employees' Retirement System, or other
appropriate agencies, or their successors, shall furnish, from
existing resources, staff and services to the commission as needed
for the performance of its duties.
(l) "State officer," as used in this section, means the Governor,
Lieutenant Governor, Attorney General, Controller, Insurance
Commissioner, Secretary of State, Superintendent of Public
Instruction, Treasurer, member of the State Board of Equalization,
and Member of the Legislature.
ARTICLE 4 LEGISLATIVE
SEC. 1. The legislative power of this State is vested in the
California Legislature which consists of the Senate and Assembly, but
the people reserve to themselves the powers of initiative and
referendum.
ARTICLE 4 LEGISLATIVE
SEC. 1.5. The people find and declare that the Founding Fathers
established a system of representative government based upon free,
fair, and competitive elections. The increased concentration of
political power in the hands of incumbent representatives has made
our electoral system less free, less competitive, and less
representative.
The ability of legislators to serve unlimited number of terms, to
establish their own retirement system, and to pay for staff and
support services at state expense contribute heavily to the extremely
high number of incumbents who are reelected. These unfair incumbent
advantages discourage qualified candidates from seeking public
office and create a class of career politicians, instead of the
citizen representatives envisioned by the Founding Fathers. These
career politicians become representatives of the bureaucracy, rather
than of the people whom they are elected to represent.
To restore a free and democratic system of fair elections, and to
encourage qualified candidates to seek public office, the people find
and declare that the powers of incumbency must be limited.
Retirement benefits must be restricted, state-financed incumbent
staff and support services limited, and limitations placed upon the
number of terms which may be served.
ARTICLE 4 LEGISLATIVE
SEC. 2. (a) The Senate has a membership of 40 Senators elected for
4-year terms, 20 to begin every 2 years. No Senator may serve more
than 2 terms.
The Assembly has a membership of 80 members elected for 2-year
terms. No member of the Assembly may serve more than 3 terms.
Their terms shall commence on the first Monday in December next
following their election.
(b) Election of members of the Assembly shall be on the first
Tuesday after the first Monday in November of even-numbered years
unless otherwise prescribed by the Legislature. Senators shall be
elected at the same time and places as members of the Assembly.
(c) A person is ineligible to be a member of the Legislature
unless the person is an elector and has been a resident of the
legislative district for one year, and a citizen of the United States
and a resident of California for 3 years, immediately preceding the
election.
(d) When a vacancy occurs in the Legislature the Governor
immediately shall call an election to fill the vacancy.
ARTICLE 4 LEGISLATIVE
SEC. 3. (a) The Legislature shall convene in regular session at
noon on the first Monday in December of each even-numbered year and
each house shall immediately organize. Each session of the
Legislature shall adjourn sine die by operation of the Constitution
at midnight on November 30 of the following even-numbered year.
(b) On extraordinary occasions the Governor by proclamation may
cause the Legislature to assemble in special session. When so
assembled it has power to legislate only on subjects specified in the
proclamation but may provide for expenses and other matters
incidental to the session.
ARTICLE 4 LEGISLATIVE
SEC. 4. (a) To eliminate any appearance of a conflict with the
proper discharge of his or her duties and responsibilities, no Member
of the Legislature may knowingly receive any salary, wages,
commissions, or other similar earned income from a lobbyist or
lobbying firm, as defined by the Political Reform Act of 1974, or
from a person who, during the previous 12 months, has been under a
contract with the Legislature. The Legislature shall enact laws that
define earned income. However, earned income does not include any
community property interest in the income of a spouse. Any Member
who knowingly receives any salary, wages, commissions, or other
similar earned income from a lobbyist employer, as defined by the
Political Reform Act of 1974, may not, for a period of one year
following its receipt, vote upon or make, participate in making, or
in any way attempt to use his or her official position to influence
an action or decision before the Legislature, other than an action or
decision involving a bill described in subdivision (c) of Section 12
of this article, which he or she knows, or has reason to know, would
have a direct and significant financial impact on the lobbyist
employer and would not impact the public generally or a significant
segment of the public in a similar manner. As used in this
subdivision, "public generally" includes an industry, trade, or
profession.
(b) Travel and living expenses for Members of the Legislature in
connection with their official duties shall be prescribed by statute
passed by rollcall vote entered in the journal, two-thirds of the
membership of each house concurring. A Member may not receive travel
and living expenses during the times that the Legislature is in
recess for more than three calendar days, unless the Member is
traveling to or from, or is in attendance at, any meeting of a
committee of which he or she is a member, or a meeting, conference,
or other legislative function or responsibility as authorized by the
rules of the house of which he or she is a member, which is held at a
location at least 20 miles from his or her place of residence.
(c) The Legislature may not provide retirement benefits based on
any portion of a monthly salary in excess of five hundred dollars
($500) paid to any Member of the Legislature unless the Member
receives the greater amount while serving as a Member in the
Legislature. The Legislature may, prior to their retirement, limit
the retirement benefits payable to Members of the Legislature who
serve during or after the term commencing in 1967.
When computing the retirement allowance of a Member who serves in
the Legislature during the term commencing in 1967 or later,
allowance may be made for increases in cost of living if so provided
by statute, but only with respect to increases in the cost of living
occurring after retirement of the Member. However, the Legislature
may provide that no Member shall be deprived of a cost of living
adjustment based on a monthly salary of five hundred dollars ($500)
which has accrued prior to the commencement of the 1967 Regular
Session of the Legislature.
ARTICLE 4 LEGISLATIVE
SEC. 4.5. Notwithstanding any other provision of this Constitution
or existing law, a person elected to or serving in the Legislature on
or after November 1, 1990, shall participate in the Federal Social
Security (Retirement, Disability, Health Insurance) Program and the
State shall pay only the employer's share of the contribution
necessary to such participation. No other pension or retirement
benefit shall accrue as a result of service in the Legislature, such
service not being intended as a career occupation. This Section
shall not be construed to abrogate or diminish any vested pension or
retirement benefit which may have accrued under an existing law to a
person holding or having held office in the Legislature, but upon
adoption of this Act no further entitlement to nor vesting in any
existing program shall accrue to any such person, other than Social
Security to the extent herein provided.
ARTICLE 4 LEGISLATIVE
SEC. 5. (a) Each house shall judge the qualifications and elections
of its Members and, by rollcall vote entered in the journal, two
thirds of the membership concurring, may expel a Member.
(b) No Member of the Legislature may accept any honorarium. The
Legislature shall enact laws that implement this subdivision.
(c) The Legislature shall enact laws that ban or strictly limit
the acceptance of a gift by a Member of the Legislature from any
source if the acceptance of the gift might create a conflict of
interest.
(d) No Member of the Legislature may knowingly accept any
compensation for appearing, agreeing to appear, or taking any other
action on behalf of another person before any state government board
or agency. If a Member knowingly accepts any compensation for
appearing, agreeing to appear, or taking any other action on behalf
of another person before any local government board or agency, the
Member may not, for a period of one year following the acceptance of
the compensation, vote upon or make, participate in making, or in any
way attempt to use his or her official position to influence an
action or decision before the Legislature, other than an action or
decision involving a bill described in subdivision (c) of Section 12
of this article, which he or she knows, or has reason to know, would
have a direct and significant financial impact on that person and
would not impact the public generally or a significant segment of the
public in a similar manner. As used in this subdivision, "public
generally" includes an industry, trade, or profession. However, a
Member may engage in activities involving a board or agency which are
strictly on his or her own behalf, appear in the capacity of an
attorney before any court or the Workers' Compensation Appeals Board,
or act as an advocate without compensation or make an inquiry for
information on behalf of a person before a board or agency. This
subdivision does not prohibit any action of a partnership or firm of
which the Member is a member if the Member does not share directly or
indirectly in the fee, less any expenses attributable to that fee,
resulting from that action.
(e) The Legislature shall enact laws that prohibit a Member of the
Legislature whose term of office commences on or after December 3,
1990, from lobbying, for compensation, as governed by the Political
Reform Act of 1974, before the Legislature for 12 months after
leaving office.
(f) The Legislature shall enact new laws, and strengthen the
enforcement of existing laws, prohibiting Members of the Legislature
from engaging in activities or having interests which conflict with
the proper discharge of their duties and responsibilities. However,
the people reserve to themselves the power to implement this
requirement pursuant to Article II.
ARTICLE 4 LEGISLATIVE
SEC. 6. For the purpose of choosing members of the Legislature, the
State shall be divided into 40 Senatorial and 80 Assembly districts
to be called Senatorial and Assembly Districts. Each Senatorial
district shall choose one Senator and each Assembly district shall
choose one member of the Assembly.
ARTICLE 4 LEGISLATIVE
SEC. 7. (a) Each house shall choose its officers and adopt rules
for its proceedings. A majority of the membership constitutes a
quorum, but a smaller number may recess from day to day and compel
the attendance of absent members.
(b) Each house shall keep and publish a journal of its
proceedings. The rollcall vote of the members on a question shall be
taken and entered in the journal at the request of 3 members
present.
(c) (1) The proceedings of each house and the committees thereof
shall be open and public. However, closed sessions may be held
solely for any of the following purposes:
(A) To consider the appointment, employment, evaluation of
performance, or dismissal of a public officer or employee, to
consider or hear complaints or charges brought against a Member of
the Legislature or other public officer or employee, or to establish
the classification or compensation of an employee of the Legislature.
(B) To consider matters affecting the safety and security of
Members of the Legislature or its employees or the safety and
security of any buildings and grounds used by the Legislature.
(C) To confer with, or receive advice from, its legal counsel
regarding pending or reasonably anticipated, or whether to initiate,
litigation when discussion in open session would not protect the
interests of the house or committee regarding the litigation.
(2) A caucus of the Members of the Senate, the Members of the
Assembly, or the Members of both houses, which is composed of the
members of the same political party, may meet in closed session.
(3) The Legislature shall implement this subdivision by concurrent
resolution adopted by rollcall vote entered in the journal,
two-thirds of the membership of each house concurring, or by statute,
and shall prescribe that, when a closed session is held pursuant to
paragraph (1), reasonable notice of the closed session and the
purpose of the closed session shall be provided to the public. If
there is a conflict between a concurrent resolution and statute, the
last adopted or enacted shall prevail.
(d) Neither house without the consent of the other may recess for
more than 10 days or to any other place.
ARTICLE 4 LEGISLATIVE
SEC. 7.5. In the fiscal year immediately following the adoption of
this Act, the total aggregate expenditures of the Legislature for the
compensation of members and employees of, and the operating expenses
and equipment for, the Legislature may not exceed an amount equal to
nine hundred fifty thousand dollars ($950,000) per member for that
fiscal year or 80 percent of the amount of money expended for those
purposes in the preceding fiscal year, whichever is less. For each
fiscal year thereafter, the total aggregate expenditures may not
exceed an amount equal to that expended for those purposes in the
preceding fiscal year, adjusted and compounded by an amount equal to
the percentage increase in the appropriations limit for the State
established pursuant to Article XIIIB.
ARTICLE 4 LEGISLATIVE
SEC. 8. (a) At regular sessions no bill other than the budget bill
may be heard or acted on by committee or either house until the 31st
day after the bill is introduced unless the house dispenses with this
requirement by rollcall vote entered in the journal, three fourths
of the membership concurring.
(b) The Legislature may make no law except by statute and may
enact no statute except by bill. No bill may be passed unless it is
read by title on 3 days in each house except that the house may
dispense with this requirement by rollcall vote entered in the
journal, two thirds of the membership concurring. No bill may be
passed until the bill with amendments has been printed and
distributed to the members. No bill may be passed unless, by
rollcall vote entered in the journal, a majority of the membership of
each house concurs.
(c) (1) Except as provided in paragraphs (2) and (3) of this
subdivision, a statute enacted at a regular session shall go into
effect on January 1 next following a 90-day period from the date of
enactment of the statute and a statute enacted at a special session
shall go into effect on the 91st day after adjournment of the special
session at which the bill was passed.
(2) A statute, other than a statute establishing or changing
boundaries of any legislative, congressional, or other election
district, enacted by a bill passed by the Legislature on or before
the date the Legislature adjourns for a joint recess to reconvene in
the second calendar year of the biennium of the legislative session,
and in the possession of the Governor after that date, shall go into
effect on January 1 next following the enactment date of the statute
unless, before January 1, a copy of a referendum petition affecting
the statute is submitted to the Attorney General pursuant to
subdivision (d) of Section 10 of Article II, in which event the
statute shall go into effect on the 91st day after the enactment date
unless the petition has been presented to the Secretary of State
pursuant to subdivision (b) of Section 9 of Article II.
(3) Statutes calling elections, statutes providing for tax levies
or appropriations for the usual current expenses of the State, and
urgency statutes shall go into effect immediately upon their
enactment.
(d) Urgency statutes are those necessary for immediate
preservation of the public peace, health, or safety. A statement of
facts constituting the necessity shall be set forth in one section of
the bill. In each house the section and the bill shall be passed
separately, each by rollcall vote entered in the journal, two thirds
of the membership concurring. An urgency statute may not create or
abolish any office or change the salary, term, or duties of any
office, or grant any franchise or special privilege, or create any
vested right or interest.
ARTICLE 4 LEGISLATIVE
SEC. 8.5. An act amending an initiative statute, an act providing
for the issuance of bonds, or a constitutional amendment proposed by
the Legislature and submitted to the voters for approval shall not do
either of the following:
(a) Include or exclude any political subdivision of the State from
the application or effect of its provisions based upon approval or
disapproval of the measure, or based upon the casting of a specified
percentage of votes in favor of the measure, by the electors of that
political subdivision.
(b) Contain alternative or cumulative provisions wherein one or
more of those provisions would become law depending upon the casting
of a specified percentage of votes for or against the measure.
ARTICLE 4 LEGISLATIVE
SEC. 9. A statute shall embrace but one subject, which shall be
expressed in its title. If a statute embraces a subject not
expressed in its title, only the part not expressed is void. A
statute may not be amended by reference to its title. A section of a
statute may not be amended unless the section is re-enacted as
amended.
ARTICLE 4 LEGISLATIVE
SEC. 10. (a) Each bill passed by the Legislature shall be presented
to the Governor. It becomes a statute if it is signed by the
Governor. The Governor may veto it by returning it with any
objections to the house of origin, which shall enter the objections
in the journal and proceed to reconsider it. If each house then
passes the bill by rollcall vote entered in the journal, two thirds
of the membership concurring, it becomes a statute.
(b) (1) Any bill, other than a bill which would establish or
change boundaries of any legislative, congressional, or other
election district, passed by the Legislature on or before the date
the Legislature adjourns for a joint recess to reconvene in the
second calendar year of the biennium of the legislative session, and
in the possession of the Governor after that date, that is not
returned within 30 days after that date becomes a statute.
(2) Any bill passed by the Legislature before September 1 of the
second calendar year of the biennium of the legislative session and
in the possession of the Governor on or after September 1 that is not
returned on or before September 30 of that year becomes a statute.
(3) Any other bill presented to the Governor that is not returned
within 12 days becomes a statute.
(4) If the Legislature by adjournment of a special session
prevents the return of a bill with the veto message, the bill becomes
a statute unless the Governor vetoes the bill within 12 days after
it is presented by depositing it and the veto message in the office
of the Secretary of State.
(5) If the 12th day of the period within which the Governor is
required to perform an act pursuant to paragraph (3) or (4) of this
subdivision is a Saturday, Sunday, or holiday, the period is extended
to the next day that is not a Saturday, Sunday, or holiday.
(c) Any bill introduced during the first year of the biennium of
the legislative session that has not been passed by the house of
origin by January 31 of the second calendar year of the biennium may
no longer be acted on by the house. No bill may be passed by either
house on or after September 1 of an even-numbered year except
statutes calling elections, statutes providing for tax levies or
appropriations for the usual current expenses of the State, and
urgency statutes, and bills passed after being vetoed by the
Governor.
(d) The Legislature may not present any bill to the Governor after
November 15 of the second calendar year of the biennium of the
legislative session.
(e) The Governor may reduce or eliminate one or more items of
appropriation while approving other portions of a bill. The Governor
shall append to the bill a statement of the items reduced or
eliminated with the reasons for the action. The Governor shall
transmit to the house originating the bill a copy of the statement
and reasons. Items reduced or eliminated shall be separately
reconsidered and may be passed over the Governor's veto in the same
manner as bills.
ARTICLE 4 LEGISLATIVE
SEC. 11. The Legislature or either house may by resolution provide
for the selection of committees necessary for the conduct of its
business, including committees to ascertain facts and make
recommendations to the Legislature on a subject within the scope of
legislative control.
ARTICLE 4 LEGISLATIVE
SEC. 12. (a) Within the first 10 days of each calendar year, the
Governor shall submit to the Legislature, with an explanatory
message, a budget for the ensuing fiscal year containing itemized
statements for recommended state expenditures and estimated state
revenues. If recommended expenditures exceed estimated revenues, the
Governor shall recommend the sources from which the additional
revenues should be provided.
(b) The Governor and the Governor-elect may require a state
agency, officer or employee to furnish whatever information is deemed
necessary to prepare the budget.
(c) The budget shall be accompanied by a budget bill itemizing
recommended expenditures. The bill shall be introduced immediately
in each house by the persons chairing the committees that consider
appropriations. The Legislature shall pass the budget bill by
midnight on June 15 of each year. Until the budget bill has been
enacted, the Legislature shall not send to the Governor for
consideration any bill appropriating funds for expenditure during the
fiscal year for which the budget bill is to be enacted, except
emergency bills recommended by the Governor or appropriations for the
salaries and expenses of the Legislature.
(d) No bill except the budget bill may contain more than one item
of appropriation, and that for one certain, expressed purpose.
Appropriations from the General Fund of the State, except
appropriations for the public schools, are void unless passed in each
house by rollcall vote entered in the journal, two thirds of the
membership concurring.
(e) The Legislature may control the submission, approval, and
enforcement of budgets and the filing of claims for all state
agencies.
ARTICLE 4 LEGISLATIVE
SEC. 13. A member of the Legislature may not, during the term for
which the member is elected, hold any office or employment under the
State other than an elective office.
ARTICLE 4 LEGISLATIVE
SEC. 14. A member of the Legislature is not subject to civil
process during a session of the Legislature or for 5 days before and
after a session.
ARTICLE 4 LEGISLATIVE
SEC. 15. A person who seeks to influence the vote or action of a
member of the Legislature in the member's legislative capacity by
bribery, promise of reward, intimidation, or other dishonest means,
or a member of the Legislature so influenced, is guilty of a felony.
ARTICLE 4 LEGISLATIVE
SEC. 16. (a) All laws of a general nature have uniform operation.
(b) A local or special statute is invalid in any case if a general
statute can be made applicable.
ARTICLE 4 LEGISLATIVE
SEC. 17. The Legislature has no power to grant, or to authorize a
city, county, or other public body to grant, extra compensation or
extra allowance to a public officer, public employee, or contractor
after service has been rendered or a contract has been entered into
and performed in whole or in part, or to authorize the payment of a
claim against the State or a city, county, or other public body under
an agreement made without authority of law.
ARTICLE 4 LEGISLATIVE
SEC. 18. (a) The Assembly has the sole power of impeachment.
Impeachments shall be tried by the Senate. A person may not be
convicted unless, by rollcall vote entered in the journal, two thirds
of the membership of the Senate concurs.
(b) State officers elected on a statewide basis, members of the
State Board of Equalization, and judges of state courts are subject
to impeachment for misconduct in office. Judgment may extend only to
removal from office and disqualification to hold any office under
the State, but the person convicted or acquitted remains subject to
criminal punishment according to law.
ARTICLE 4 LEGISLATIVE
SEC. 19. (a) The Legislature has no power to authorize lotteries,
and shall prohibit the sale of lottery tickets in the State.
(b) The Legislature may provide for the regulation of horse races
and horse race meetings and wagering on the results.
(c) Notwithstanding subdivision (a), the Legislature by statute
may authorize cities and counties to provide for bingo games, but
only for charitable purposes.
(d) Notwithstanding subdivision (a), there is authorized the
establishment of a California State Lottery.
(e) The Legislature has no power to authorize, and shall prohibit,
casinos of the type currently operating in Nevada and New Jersey.
(f) Notwithstanding subdivisions (a) and (e), and any other
provision of state law, the Governor is authorized to negotiate and
conclude compacts, subject to ratification by the Legislature, for
the operation of slot machines and for the conduct of lottery games
and banking and percentage card games by federally recognized Indian
tribes on Indian lands in California in accordance with federal law.
Accordingly, slot machines, lottery games, and banking and
percentage card games are hereby permitted to be conducted and
operated on tribal lands subject to those compacts.
(f) Notwithstanding subdivision (a), the Legislature may authorize
private, nonprofit, eligible organizations, as defined by the
Legislature, to conduct raffles as a funding mechanism to provide
support for their own or another private, nonprofit, eligible
organization's beneficial and charitable works, provided that (1) at
least 90 percent of the gross receipts from the raffle go directly to
beneficial or charitable purposes in California, and (2) any person
who receives compensation in connection with the operation of a
raffle is an employee of the private nonprofit organization that is
conducting the raffle. The Legislature, two-thirds of the membership
of each house concurring, may amend the percentage of gross receipts
required by this subdivision to be dedicated to beneficial or
charitable purposes by means of a statute that is signed by the
Governor.
ARTICLE 4 LEGISLATIVE
SEC. 20. (a) The Legislature may provide for division of the State
into fish and game districts and may protect fish and game in
districts or parts of districts.
(b) There is a Fish and Game Commission of 5 members appointed by
the Governor and approved by the Senate, a majority of the membership
concurring, for 6-year terms and until their successors are
appointed and qualified. Appointment to fill a vacancy is for the
unexpired portion of the term. The Legislature may delegate to the
commission such powers relating to the protection and propagation of
fish and game as the Legislature sees fit. A member of the
commission may be removed by concurrent resolution adopted by each
house, a majority of the membership concurring.
ARTICLE 4 LEGISLATIVE
SEC. 21. To meet the needs resulting from war-caused or
enemy-caused disaster in California, the Legislature may provide for:
(a) Filling the offices of members of the Legislature should at
least one fifth of the membership of either house be killed, missing,
or disabled, until they are able to perform their duties or
successors are elected.
(b) Filling the office of Governor should the Governor be killed,
missing, or disabled, until the Governor or the successor designated
in this Constitution is able to perform the duties of the office of
Governor or a successor is elected.
(c) Convening the Legislature.
(d) Holding elections to fill offices that are elective under this
Constitution and that are either vacant or occupied by persons not
elected thereto.
(e) Selecting a temporary seat of state or county government.
ARTICLE 4 LEGISLATIVE
SEC. 22. It is the right of the people to hold their legislators
accountable. To assist the people in exercising this right, at the
convening of each regular session of the Legislature, the President
pro Tempore of the Senate, the Speaker of the Assembly, and the
minority leader of each house shall report to their house the goals
and objectives of that house during that session and, at the close of
each regular session, the progress made toward meeting those goals
and objectives.
ARTICLE 4 LEGISLATIVE
SEC. 28. (a) Notwithstanding any other provision of this
Constitution, no bill shall take effect as an urgency statute if it
authorizes or contains an appropriation for either (1) the alteration
or modification of the color, detail, design, structure or fixtures
of the historically restored areas of the first, second, and third
floors and the exterior of the west wing of the State Capitol from
that existing upon the completion of the project of restoration or
rehabilitation of the building conducted pursuant to Section 9124 of
the Government Code as such section read upon the effective date of
this section, or (2) the purchase of furniture of different design to
replace that restored, replicated, or designed to conform to the
historic period of the historically restored areas specified above,
including the legislators' chairs and desks in the Senate and
Assembly Chambers.
(b) No expenditures shall be made in payment for any of the
purposes described in subdivision (a) of this section unless funds
are appropriated expressly for such purposes.
(c) This section shall not apply to appropriations or expenditures
for ordinary repair and maintenance of the State Capitol building,
fixtures and furniture.
ARTICLE 5 EXECUTIVE
SECTION 1. The supreme executive power of this State is vested in
the Governor. The Governor shall see that the law is faithfully
executed.
ARTICLE 5 EXECUTIVE
SEC. 2. The Governor shall be elected every fourth year at the same
time and places as members of the Assembly and hold office from the
Monday after January 1 following the election until a successor
qualifies. The Governor shall be an elector who has been a citizen
of the United States and a resident of this State for 5 years
immediately preceding the Governor's election. The Governor may not
hold other public office. No Governor may serve more than 2 terms.
ARTICLE 5 EXECUTIVE
SEC. 3. The Governor shall report to the Legislature each calendar
year on the condition of the State and may make recommendations.
ARTICLE 5 EXECUTIVE
SEC. 4. The Governor may require executive officers and agencies
and their employees to furnish information relating to their duties.
ARTICLE 5 EXECUTIVE
SEC. 5. (a) Unless the law otherwise provides, the Governor may
fill a vacancy in office by appointment until a successor qualifies.
(b) Whenever there is a vacancy in the office of the
Superintendent of Public Instruction, the Lieutenant Governor,
Secretary of State, Controller, Treasurer, or Attorney General, or on
the State Board of Equalization, the Governor shall nominate a
person to fill the vacancy who shall take office upon confirmation by
a majority of the membership of the Senate and a majority of the
membership of the Assembly and who shall hold office for the balance
of the unexpired term. In the event the nominee is neither confirmed
nor refused confirmation by both the Senate and the Assembly within
90 days of the submission of the nomination, the nominee shall take
office as if he or she had been confirmed by a majority of the Senate
and Assembly; provided, that if such 90-day period ends during a
recess of the Legislature, the period shall be extended until the
sixth day following the day on which the Legislature reconvenes.
ARTICLE 5 EXECUTIVE
SEC. 6. Authority may be provided by statute for the Governor to
assign and reorganize functions among executive officers and agencies
and their employees, other than elective officers and agencies
administered by elective officers.
ARTICLE 5 EXECUTIVE
SEC. 7. The Governor is commander in chief of a militia that shall
be provided by statute. The Governor may call it forth to execute
the law.
ARTICLE 5 EXECUTIVE
SEC. 8. (a) Subject to application procedures provided by statute,
the Governor, on conditions the Governor deems proper, may grant a
reprieve, pardon, and commutation, after sentence, except in case of
impeachment. The Governor shall report to the Legislature each
reprieve, pardon, and commutation granted, stating the pertinent
facts and the reasons for granting it. The Governor may not grant a
pardon or commutation to a person twice convicted of a felony except
on recommendation of the Supreme Court, 4 judges concurring.
(b) No decision of the parole authority of this State with respect
to the granting, denial, revocation, or suspension of parole of a
person sentenced to an indeterminate term upon conviction of murder
shall become effective for a period of 30 days, during which the
Governor may review the decision subject to procedures provided by
statute. The Governor may only affirm, modify, or reverse the
decision of the parole authority on the basis of the same factors
which the parole authority is required to consider. The Governor
shall report to the Legislature each parole decision affirmed,
modified, or reversed, stating the pertinent facts and reasons for
the action.
ARTICLE 5 EXECUTIVE
SEC. 9. The Lieutenant Governor shall have the same qualifications
as the Governor. The Lieutenant Governor is President of the Senate
but has only a casting vote.
ARTICLE 5 EXECUTIVE
SEC. 10. The Lieutenant Governor shall become Governor when a
vacancy occurs in the office of Governor.
The Lieutenant Governor shall act as Governor during the
impeachment, absence from the State, or other temporary disability of
the Governor or of a Governor-elect who fails to take office.
The Legislature shall provide an order of precedence after the
Lieutenant Governor for succession to the office of Governor and for
the temporary exercise of the Governor's functions.
The Supreme Court has exclusive jurisdiction to determine all
questions arising under this section.
Standing to raise questions of vacancy or temporary disability is
vested exclusively in a body provided by statute.
ARTICLE 5 EXECUTIVE
SEC. 11. The Lieutenant Governor, Attorney General, Controller,
Secretary of State, and Treasurer shall be elected at the same time
and places and for the same term as the Governor. No Lieutenant
Governor, Attorney General, Controller, Secretary of State, or
Treasurer may serve in the same office for more than 2 terms.
ARTICLE 5 EXECUTIVE
SEC. 13. Subject to the powers and duties of the Governor, the
Attorney General shall be the chief law officer of the State. It
shall be the duty of the Attorney General to see that the laws of the
State are uniformly and adequately enforced. The Attorney General
shall have direct supervision over every district attorney and
sheriff and over such other law enforcement officers as may be
designated by law, in all matters pertaining to the duties of their
respective offices, and may require any of said officers to make
reports concerning the investigation, detection, prosecution, and
punishment of crime in their respective jurisdictions as to the
Attorney General may seem advisable. Whenever in the opinion of the
Attorney General any law of the State is not being adequately
enforced in any county, it shall be the duty of the Attorney General
to prosecute any violations of law of which the superior court shall
have jurisdiction, and in such cases the Attorney General shall have
all the powers of a district attorney. When required by the public
interest or directed by the Governor, the Attorney General shall
assist any district attorney in the discharge of the duties of that
office.
ARTICLE 5 EXECUTIVE
SEC. 14. (a) To eliminate any appearance of a conflict with the
proper discharge of his or her duties and responsibilities, no state
officer may knowingly receive any salary, wages, commissions, or
other similar earned income from a lobbyist or lobbying firm, as
defined by the Political Reform Act of 1974, or from a person who,
during the previous 12 months, has been under a contract with the
state agency under the jurisdiction of the state officer. The
Legislature shall enact laws that define earned income. However,
earned income does not include any community property interest in the
income of a spouse. Any state officer who knowingly receives any
salary, wages, commissions, or other similar earned income from a
lobbyist employer, as defined by the Political Reform Act of 1974,
may not, for a period of one year following its receipt, vote upon or
make, participate in making, or in any way attempt to use his or her
official position to influence an action or decision before the
agency for which the state officer serves, other than an action or
decision involving a bill described in subdivision (c) of Section 12
of Article IV, which he or she knows, or has reason to know, would
have a direct and significant financial impact on the lobbyist
employer and would not impact the public generally or a significant
segment of the public in a similar manner. As used in this
subdivision, "public generally" includes an industry, trade, or
profession.
(b) No state officer may accept any honorarium. The Legislature
shall enact laws that implement this subdivision.
(c) The Legislature shall enact laws that ban or strictly limit
the acceptance of a gift by a state officer from any source if the
acceptance of the gift might create a conflict of interest.
(d) No state officer may knowingly accept any compensation for
appearing, agreeing to appear, or taking any other action on behalf
of another person before any state government board or agency. If a
state officer knowingly accepts any compensation for appearing,
agreeing to appear, or taking any other action on behalf of another
person before any local government board or agency, the state officer
may not, for a period of one year following the acceptance of the
compensation, make, participate in making, or in any way attempt to
use his or her official position to influence an action or decision
before the state agency for which the state officer serves, other
than an action or decision involving a bill described in subdivision
(c) of Section 12 of Article IV, which he or she knows, or has reason
to know, would have a direct and significant financial impact on
that person and would not impact the public generally or a
significant segment of the public in a similar manner. As used in
this subdivision, "public generally" includes an industry, trade, or
profession. However, a state officer may engage in activities
involving a board or agency which are strictly on his or her own
behalf, appear in the capacity of an attorney before any court or the
Workers' Compensation Appeals Board, or act as an advocate without
compensation or make an inquiry for information on behalf of a person
before a board or agency. This subdivision does not prohibit any
action of a partnership or firm of which the state officer is a
member if the state officer does not share directly or indirectly in
the fee, less any expenses attributable to that fee, resulting from
that action.
(e) The Legislature shall enact laws that prohibit a state
officer, or a secretary of an agency or director of a department
appointed by the Governor, who has not resigned or retired from state
service prior to January 7, 1991, from lobbying, for compensation,
as governed by the Political Reform Act of 1974, before the executive
branch of state government for 12 months after leaving office.
(f) "State officer," as used in this section, means the Governor,
Lieutenant Governor, Attorney General, Controller, Insurance
Commissioner, Secretary of State, Superintendent of Public
Instruction, Treasurer, and member of the State Board of
Equalization.
ARTICLE 6 JUDICIAL
SEC. 1. 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.
ARTICLE 6 JUDICIAL
SEC. 2. The Supreme Court consists of the Chief Justice of
California and 6 associate justices. The Chief Justice may convene
the court at any time. Concurrence of 4 judges present at the
argument is necessary for a judgment.
An acting Chief Justice shall perform all functions of the Chief
Justice when the Chief Justice is absent or unable to act. The Chief
Justice or, if the Chief Justice fails to do so, the court shall
select an associate justice as acting Chief Justice.
ARTICLE 6 JUDICIAL
SEC. 3. The Legislature shall divide the State into districts each
containing a court of appeal with one or more divisions. Each
division consists of a presiding justice and 2 or more associate
justices. It has the power of a court of appeal and shall conduct
itself as a 3-judge court. Concurrence of 2 judges present at the
argument is necessary for a judgment.
An acting presiding justice shall perform all functions of the
presiding justice when the presiding justice is absent or unable to
act. The presiding justice or, if the presiding justice fails to do
so, the Chief Justice shall select an associate justice of that
division as acting presiding justice.
ARTICLE 6 JUDICIAL
SEC. 4. In each county there is a superior court of one or more
judges. The Legislature shall prescribe the number of judges and
provide for the officers and employees of each superior court. If
the governing body of each affected county concurs, the Legislature
may provide that one or more judges serve more than one superior
court.
In each superior court there is an appellate division. The
Chief
Justice shall assign judges to the appellate division for specified
terms pursuant to rules, not inconsistent with statute, adopted by
the Judicial Council to promote the independence of the appellate
division.
ARTICLE 6 JUDICIAL
SEC. 6. (a) The Judicial Council consists of the Chief Justice and
one other judge of the Supreme Court, three judges of courts of
appeal, 10 judges of superior courts, two nonvoting court
administrators, and any other nonvoting members as determined by the
voting membership of the council, each appointed by the Chief Justice
for a three-year term pursuant to procedures established by the
council; four members of the State Bar appointed by its governing
body for three-year terms; and one member of each house of the
Legislature appointed as provided by the house.
(b) Council membership terminates if a member ceases to hold the
position that qualified the member for appointment. A vacancy shall
be filled by the appointing power for the remainder of the term.
(c) The council may appoint an Administrative Director of the
Courts, who serves at its pleasure and performs functions delegated
by the council or the Chief Justice, other than adopting rules of
court administration, practice and procedure.
(d) To improve the administration of justice the council shall
survey judicial business and make recommendations to the courts, make
recommendations annually to the Governor and Legislature, adopt
rules for court administration, practice and procedure, and perform
other functions prescribed by statute. The rules adopted shall not
be inconsistent with statute.
(e) The Chief Justice shall seek to expedite judicial business and
to equalize the work of judges. The Chief Justice may provide for
the assignment of any judge to another court but only with the judge'
s consent if the court is of lower jurisdiction. A retired judge who
consents may be assigned to any court.
(f) Judges shall report to the council as the Chief Justice
directs concerning the condition of judicial business in their
courts. They shall cooperate with the council and hold court as
assigned.
ARTICLE 6 JUDICIAL
SEC. 7. The Commission on Judicial Appointments consists of the
Chief Justice, the Attorney General, and the presiding justice of the
court of appeal of the affected district or, if there are 2 or more
presiding justices, the one who has presided longest or, when a
nomination or appointment to the Supreme Court is to be considered,
the presiding justice who has presided longest on any court of
appeal.
ARTICLE 6 JUDICIAL
SEC. 8. (a) The Commission on Judicial Performance consists of one
judge of a court of appeal and two judges of superior courts, each
appointed by the Supreme Court; two members of the State Bar of
California who have practiced law in this State for 10 years, each
appointed by the Governor; and six citizens who are not judges,
retired judges, or members of the State Bar of California, two of
whom shall be appointed by the Governor, two by the Senate Committee
on Rules, and two by the Speaker of the Assembly. Except as provided
in subdivisions (b) and (c), all terms are for four years. No
member shall serve more than two four-year terms, or for more than a
total of 10 years if appointed to fill a vacancy.
(b) Commission membership terminates if a member ceases to hold
the position that qualified the member for appointment. A vacancy
shall be filled by the appointing power for the remainder of the
term. A member whose term has expired may continue to serve until
the vacancy has been filled by the appointing power. Appointing
powers may appoint members who are already serving on the commission
prior to March 1, 1995, to a single two-year term, but may not
appoint them to an additional term thereafter.
(c) To create staggered terms among the members of the Commission
on Judicial Performance, the following members shall be appointed, as
follows:
(1) Two members appointed by the Supreme Court to a term
commencing March 1, 1995, shall each serve a term of two years and
may be reappointed to one full term.
(2) One attorney appointed by the Governor to a term commencing
March 1, 1995, shall serve a term of two years and may be reappointed
to one full term.
(3) One citizen member appointed by the Governor to a term
commencing March 1, 1995, shall serve a term of two years and may be
reappointed to one full term.
(4) One member appointed by the Senate Committee on Rules to a
term commencing March 1, 1995, shall serve a term of two years and
may be reappointed to one full term.
(5) One member appointed by the Speaker of the Assembly to a term
commencing March 1, 1995, shall serve a term of two years and may be
reappointed to one full term.
(6) All other members shall be appointed to full four-year terms
commencing March 1, 1995.
ARTICLE 6 JUDICIAL
SEC. 9. The State Bar of California is a public corporation. Every
person admitted and licensed to practice law in this State is and
shall be a member of the State Bar except while holding office as a
judge of a court of record.
ARTICLE 6 JUDICIAL
SEC. 10. The Supreme Court, courts of appeal, superior courts, and
their judges have original jurisdiction in habeas corpus proceedings.
Those courts also have original jurisdiction in proceedings for
extraordinary relief in the nature of mandamus, certiorari, and
prohibition. The appellate division of the superior court has
original jurisdiction in proceedings for extraordinary relief in the
nature of mandamus, certiorari, and prohibition directed to the
superior court in causes subject to its appellate jurisdiction.
Superior courts have original jurisdiction in all other causes.
The court may make any comment on the evidence and the testimony
and credibility of any witness as in its opinion is necessary for the
proper determination of the cause.
ARTICLE 6 JUDICIAL
SEC. 11. (a) The Supreme Court has appellate jurisdiction when
judgment of death has been pronounced. With that exception courts of
appeal have appellate jurisdiction when superior courts have
original jurisdiction in causes of a type within the appellate
jurisdiction of the courts of appeal on June 30, 1995, and in other
causes prescribed by statute. When appellate jurisdiction in civil
causes is determined by the amount in controversy, the Legislature
may change the appellate jurisdiction of the courts of appeal by
changing the jurisdictional amount in controversy.
(b) Except as provided in subdivision (a), the appellate division
of the superior court has appellate jurisdiction in causes prescribed
by statute.
(c) The Legislature may permit courts exercising appellate
jurisdiction to take evidence and make findings of fact when jury
trial is waived or not a matter of right.
ARTICLE 6 JUDICIAL
SEC. 12. (a) The Supreme Court may, before decision, transfer to
itself a cause in a court of appeal. It may, before decision,
transfer a cause from itself to a court of appeal or from one court
of appeal or division to another. The court to which a cause is
transferred has jurisdiction.
(b) The Supreme Court may review the decision of a court of appeal
in any cause.
(c) The Judicial Council shall provide, by rules of court, for the
time and procedure for transfer and for review, including, among
other things, provisions for the time and procedure for transfer with
instructions, for review of all or part of a decision, and for
remand as improvidently granted.
(d) This section shall not apply to an appeal involving a judgment
of death.
ARTICLE 6 JUDICIAL
SEC. 13. No judgment shall be set aside, or new trial granted, in
any cause, on the ground of misdirection of the jury, or of the
improper admission or rejection of evidence, or for any error as to
any matter of pleading, or for any error as to any matter of
procedure, unless, after an examination of the entire cause,
including the evidence, the court shall be of the opinion that the
error complained of has resulted in a miscarriage of justice.
ARTICLE 6 JUDICIAL
SEC. 14. The Legislature shall provide for the prompt publication
of such opinions of the Supreme Court and courts of appeal as the
Supreme Court deems appropriate, and those opinions shall be
available for publication by any person.
Decisions of the Supreme Court and courts of appeal that determine
causes shall be in writing with reasons stated.
ARTICLE 6 JUDICIAL
SEC. 15. A person is ineligible to be a judge of a court of record
unless for 10 years immediately preceding selection, the person has
been a member of the State Bar or served as a judge of a court of
record in this State.
ARTICLE 6 JUDICIAL
SEC. 16. (a) Judges of the Supreme Court shall be elected at large
and judges of courts of appeal shall be elected in their districts at
general elections at the same time and places as the Governor.
Their terms are 12 years beginning the Monday after January 1
following their election, except that a judge elected to an unexpired
term serves the remainder of the term. In creating a new court of
appeal district or division the Legislature shall provide that the
first elective terms are 4, 8, and 12 years.
(b) Judges of superior courts shall be elected in their counties
at general elections except as otherwise necessary to meet the
requirements of federal law. In the latter case the Legislature, by
two-thirds vote of the membership of each house thereof, with the
advice of judges within the affected court, may provide for their
election by the system prescribed in subdivision (d), or by any other
arrangement. The Legislature may provide that an unopposed
incumbent's name not appear on the ballot.
(c) Terms of judges of superior courts are six years beginning the
Monday after January 1 following their election. A vacancy shall be
filled by election to a full term at the next general election after
the second January 1 following the vacancy, but the Governor shall
appoint a person to fill the vacancy temporarily until the elected
judge's term begins.
(d) (1) Within 30 days before August 16 preceding the expiration
of the judge's term, a judge of the Supreme Court or a court of
appeal may file a declaration of candidacy to succeed to the office
presently held by the judge. If the declaration is not filed, the
Governor before September 16 shall nominate a candidate. At the next
general election, only the candidate so declared or nominated may
appear on the ballot, which shall present the question whether the
candidate shall be elected. The candidate shall be elected upon
receiving a majority of the votes on the question. A candidate not
elected may not be appointed to that court but later may be nominated
and elected.
(2) The Governor shall fill vacancies in those courts by
appointment. An appointee holds office until the Monday after
January 1 following the first general election at which the appointee
had the right to become a candidate or until an elected judge
qualifies. A nomination or appointment by the Governor is effective
when confirmed by the Commission on Judicial Appointments.
(3) Electors of a county, by majority of those voting and in a
manner the Legislature shall provide, may make this system of
selection applicable to judges of superior courts.
ARTICLE 6 JUDICIAL
SEC. 17. A judge of a court of record may not practice law and
during the term for which the judge was selected is ineligible for
public employment or public office other than judicial employment or
judicial office, except a judge of a court of record may accept a
part-time teaching position that is outside the normal hours of his
or her judicial position and that does not interfere with the regular
performance of his or her judicial duties while holding office. A
judge of a trial court of record may, however, become eligible for
election to other public office by taking a leave of absence without
pay prior to filing a declaration of candidacy. Acceptance of the
public office is a resignation from the office of judge.
A judicial officer may not receive fines or fees for personal use.
A judicial officer may not earn retirement service credit from a
public teaching position while holding judicial office.
ARTICLE 6 JUDICIAL
SEC. 18. (a) A judge is disqualified from acting as a judge,
without loss of salary, while there is pending (1) an indictment or
an information charging the judge in the
United
States with a
crime
punishable as a felony under California or federal law, or (2) a
petition to the Supreme Court to review a determination by the
Commission on Judicial Performance to remove or retire a judge.
(b) The Commission on Judicial Performance may disqualify a judge
from acting as a judge, without loss of salary, upon notice of formal
proceedings by the commission charging the judge with judicial
misconduct or disability.
(c) The Commission on Judicial Performance shall suspend a judge
from office without salary when in the
United
States the judge
pleads
guilty or no contest or is found guilty of a crime punishable as a
felony under California or federal law or of any other crime that
involves moral turpitude under that law. If the conviction is
reversed, suspension terminates, and the judge shall be paid the
salary for the judicial office held by the judge for the period of
suspension. If the judge is suspended and the conviction becomes
final, the Commission on Judicial Performance shall remove the judge
from office.
(d) Except as provided in subdivision (f), the Commission on
Judicial Performance may (1) retire a judge for disability that
seriously interferes with the performance of the judge's duties and
is or is likely to become permanent, or (2) censure a judge or former
judge or remove a judge for action occurring not more than 6 years
prior to the commencement of the judge's current term or of the
former judge's last term that constitutes willful misconduct in
office, persistent failure or inability to perform the judge's
duties, habitual intemperance in the use of intoxicants or drugs, or
conduct prejudicial to the administration of justice that brings the
judicial office into disrepute, or (3) publicly or privately admonish
a judge or former judge found to have engaged in an improper action
or dereliction of duty. The commission may also bar a former judge
who has been censured from receiving an assignment, appointment, or
reference of work from any California state court. Upon petition by
the judge or former judge, the Supreme Court may, in its discretion,
grant review of a determination by the commission to retire, remove,
censure, admonish, or disqualify pursuant to subdivision (b) a judge
or former judge. When the Supreme Court reviews a determination of
the commission, it may make an independent review of the record. If
the Supreme Court has not acted within 120 days after granting the
petition, the decision of the commission shall be final.
(e) A judge retired by the commission shall be considered to have
retired voluntarily. A judge removed by the commission is ineligible
for judicial office, including receiving an assignment, appointment,
or reference of work from any California state court, and pending
further order of the court is suspended from practicing law in this
State. The State Bar may institute appropriate attorney disciplinary
proceedings against any judge who retires or resigns from office
with judicial disciplinary charges pending.
(f) A determination by the Commission on Judicial Performance to
admonish or censure a judge or former judge of the Supreme Court or
remove or retire a judge of the Supreme Court shall be reviewed by a
tribunal of 7 court of appeal judges selected by lot.
(g) No court, except the Supreme Court, shall have jurisdiction in
a civil action or other legal proceeding of any sort brought against
the commission by a judge. Any request for injunctive relief or
other provisional remedy shall be granted or denied within 90 days of
the filing of the request for relief. A failure to comply with the
time requirements of this section does not affect the validity of
commission proceedings.
(h) Members of the commission, the commission staff, and the
examiners and investigators employed by the commission shall be
absolutely immune from suit for all conduct at any time in the course
of their official duties. No civil action may be maintained against
a person, or adverse employment action taken against a person, by
any employer, public or private, based on statements presented by the
person to the commission.
(i) The Commission on Judicial Performance shall make rules
implementing this section, including, but not limited to, the
following:
(1) The commission shall make rules for the investigation of
judges. The commission may provide for the confidentiality of
complaints to and investigations by the commission.
(2) The commission shall make rules for formal proceedings against
judges when there is cause to believe there is a disability or
wrongdoing within the meaning of subdivision (d).
(j) When the commission institutes formal proceedings, the notice
of charges, the answer, and all subsequent papers and proceedings
shall be open to the public for all formal proceedings instituted
after February 28, 1995.
(k) The commission may make explanatory statements.
(l) The budget of the commission shall be separate from the budget
of any other state agency or court.
(m) The Supreme Court shall make rules for the conduct of judges,
both on and off the bench, and for judicial candidates in the conduct
of their campaigns. These rules shall be referred to as the Code of
Judicial Ethics.
ARTICLE 6 JUDICIAL
SEC. 18.1. The Commission on Judicial Performance shall exercise
discretionary jurisdiction with regard to the oversight and
discipline of subordinate judicial officers, according to the same
standards, and subject to review upon petition to the Supreme Court,
as specified in Section 18.
No person who has been found unfit to serve as a subordinate
judicial officer after a hearing before the Commission on Judicial
Performance shall have the requisite status to serve as a subordinate
judicial officer.
This section does not diminish or eliminate the responsibility of
a court to exercise initial jurisdiction to discipline or dismiss a
subordinate judicial officer as its employee.
ARTICLE 6 JUDICIAL
SEC. 18.5. (a) Upon request, the Commission on Judicial Performance
shall provide to the Governor of any State of the Union the text of
any private admonishment, advisory letter, or other disciplinary
action together with any information that the Commission on Judicial
Performance deems necessary to a full understanding of the commission'
s action, with respect to any applicant whom the Governor of any
State of the Union indicates is under consideration for any judicial
appointment.
(b) Upon request, the Commission on Judicial Performance shall
provide the President of the
United
States the text
of any private
admonishment, advisory letter, or other disciplinary action together
with any information that the Commission on Judicial Performance
deems necessary to a full understanding of the commission's action,
with respect to any applicant whom the President indicates is under
consideration for any federal judicial appointment.
(c) Upon request, the Commission on Judicial Performance shall
provide the Commission on Judicial Appointments the text of any
private admonishment, advisory letter, or other disciplinary action
together with any information that the Commission on Judicial
Performance deems necessary to a full understanding of the commission
action, with respect to any applicant whom the Commission on
Judicial Appointments indicates is under consideration for any
judicial appointment.
(d) All information released under this section shall remain
confidential and privileged.
(e) Notwithstanding subdivision (d), any information released
pursuant to this section shall also be provided to the applicant
about whom the information was requested.
(f) "Private admonishment" refers to a disciplinary action against
a judge by the Commission on Judicial Performance as authorized by
subdivision (c) of Section 18 of Article VI, as amended November 8,
1988.
ARTICLE 6 JUDICIAL
SEC. 19. The Legislature shall prescribe compensation for judges of
courts of record.
A judge of a court of record may not receive the salary for the
judicial office held by the judge while any cause before the judge
remains pending and undetermined for 90 days after it has been
submitted for decision.
ARTICLE 6 JUDICIAL
SEC. 20. The Legislature shall provide for retirement, with
reasonable allowance, of judges of courts of record for age or
disability.
ARTICLE 6 JUDICIAL
SEC. 21. On stipulation of the parties litigant the court may order
a cause to be tried by a temporary judge who is a member of the
State Bar, sworn and empowered to act until final determination of
the cause.
ARTICLE 6 JUDICIAL
SEC. 22. The Legislature may provide for the appointment by trial
courts of record of officers such as commissioners to perform
subordinate judicial duties.
ARTICLE 6 JUDICIAL
SEC. 23. (a) The purpose of the amendments to Sections 1, 4, 5, 6,
8, 10, 11, and 16, of this article, and the amendments to Section 16
of Article I, approved at the June 2, 1998, primary election is to
permit the Legislature to provide for the abolition of the municipal
courts and unify their operations within the superior courts.
Notwithstanding Section 8 of Article IV, the implementation of, and
orderly transition under, the provisions of the measure adding this
section may include urgency statutes that create or abolish offices
or change the salaries, terms, or duties of offices, or grant
franchises or special privileges, or create vested rights or
interests, where otherwise permitted under this
Constitution.
(b) When the superior and municipal courts within a county are
unified, the judgeships in each municipal court in that county are
abolished and the previously selected municipal court judges shall
become judges of the superior court in that county. The term of
office of a previously selected municipal court judge is not affected
by taking office as a judge of the superior court. The 10-year
membership or service requirement of Section 15 does not apply to a
previously selected municipal court judge. Pursuant to Section 6,
the Judicial Council may prescribe appropriate education and training
for judges with regard to trial court unification.
(c) Except as provided by statute to the contrary, in any county
in which the superior and municipal courts become unified, the
following shall occur automatically in each preexisting superior and
municipal court:
(1) Previously selected officers, employees, and other personnel
who serve the court become the officers and employees of the superior
court.
(2) Preexisting court locations are retained as superior court
locations.
(3) Preexisting court records become records of the superior
court.
(4) Pending actions, trials, proceedings, and other business of
the court become pending in the superior court under the procedures
previously applicable to the matters in the court in which the
matters were pending.
(5) Matters of a type previously within the appellate jurisdiction
of the superior court remain within the jurisdiction of the
appellate division of the superior court.
(6) Matters of a type previously subject to rehearing by a
superior court judge remain subject to rehearing by a superior court
judge, other than the judge who originally heard the matter.
(7) Penal Code procedures that necessitate superior court review
of, or action based on, a ruling or order by a municipal court judge
shall be performed by a superior court judge other than the judge who
originally made the ruling or order.
(d) This section shall remain in effect only until January 1,
2007, and as of that date is repealed.
ARTICLE 7 PUBLIC OFFICERS AND EMPLOYEES
SECTION 1. (a) The civil service includes every officer and
employee of the State except as otherwise provided in this
Constitution.
(b) In the civil service permanent appointment and promotion shall
be made under a general system based on merit ascertained by
competitive examination.
ARTICLE 7 PUBLIC OFFICERS AND EMPLOYEES
SEC. 2. (a) There is a Personnel Board of 5 members appointed by
the Governor and approved by the Senate, a majority of the membership
concurring, for 10-year terms and until their successors are
appointed and qualified. Appointment to fill a vacancy is for the
unexpired portion of the term. A member may be removed by concurrent
resolution adopted by each house, two-thirds of the membership of
each house concurring.
(b) The board annually shall elect one of its members as presiding
officer.
(c) The board shall appoint and prescribe compensation for an
executive officer who shall be a member of the civil service but not
a member of the board.
ARTICLE 7 PUBLIC OFFICERS AND EMPLOYEES
SEC. 3. (a) The board shall enforce the civil service statutes and,
by majority vote of all its members, shall prescribe probationary
periods and classifications, adopt other rules authorized by statute,
and review disciplinary actions.
(b) The executive officer shall administer the civil service
statutes under rules of the board.
ARTICLE 7 PUBLIC OFFICERS AND EMPLOYEES
SEC. 4. The following are exempt from civil service:
(a) Officers and employees appointed or employed by the
Legislature, either house, or legislative committees.
(b) Officers and employees appointed or employed by councils,
commissions or public corporations in the judicial branch or by a
court of record or officer thereof.
(c) Officers elected by the people and a deputy and an employee
selected by each elected officer.
(d) Members of boards and commissions.
(e) A deputy or employee selected by each board or commission
either appointed by the Governor or authorized by statute.
(f) State officers directly appointed by the Governor with or
without the consent or confirmation of the Senate and the employees
of the Governor's office, and the employees of the Lieutenant
Governor's office directly appointed or employed by the Lieutenant
Governor.
(g) A deputy or employee selected by each officer, except members
of boards and commissions, exempted under Section 4(f).
(h) Officers and employees of the University of California and the
California State Colleges.
(i) The teaching staff of schools under the jurisdiction of the
Department of Education or the Superintendent of Public Instruction.
(j) Member, inmate, and patient help in state homes, charitable or
correctional institutions, and state facilities for mentally ill or
retarded persons.
(k) Members of the militia while engaged in military service.
(l) Officers and employees of district agricultural associations
employed less than 6 months in a calendar year.
(m) In addition to positions exempted by other provisions of this
section, the Attorney General may appoint or employ six deputies or
employees, the Public Utilities Commission may appoint or employ one
deputy or employee, and the Legislative Counsel may appoint or employ
two deputies or employees.
ARTICLE 7 PUBLIC OFFICERS AND EMPLOYEES
SEC. 5. A temporary appointment may be made to a position for which
there is no employment list. No person may serve in one or more
positions under temporary appointment longer than 9 months in 12
consecutive months.
ARTICLE 7 PUBLIC OFFICERS AND EMPLOYEES
SEC. 6. (a) The Legislature may provide preferences for veterans
and their surviving spouses.
(b) The board by special rule may permit persons in exempt
positions, brought under civil service by constitutional provision,
to qualify to continue in their positions.
(c) When the State undertakes work previously performed by a
county, city, public district of this State or by a federal
department or agency, the board by special rule shall provide for
persons who previously performed this work to qualify to continue in
their positions in the state civil service subject to such minimum
standards as may be established by statute.
ARTICLE 7 PUBLIC OFFICERS AND EMPLOYEES
SEC. 7. A person holding a lucrative office under the United States
or other power may not hold a civil office of profit. A local
officer or postmaster whose compensation does not exceed 500 dollars
per year or an officer in the militia or a member of a reserve
component of the armed forces of the United States except where on
active federal duty for more than 30 days in any year is not a holder
of a lucrative office, nor is the holding of a civil office of
profit affected by this military service.
ARTICLE 7 PUBLIC OFFICERS AND EMPLOYEES
SEC. 8. (a) Every person shall be disqualified from holding any
office of profit in this State who shall have been convicted of
having given or offered a bribe to procure personal election or
appointment.
(b) Laws shall be made to exclude persons convicted of bribery,
perjury, forgery, malfeasance in office, or other high crimes from
office or serving on juries. The privilege of free suffrage shall be
supported by laws regulating elections and prohibiting, under
adequate penalties, all undue influence thereon from power, bribery,
tumult, or other improper practice.
ARTICLE 7 PUBLIC OFFICERS AND EMPLOYEES
SEC. 9. Notwithstanding any other provision of this Constitution,
no person or organization which advocates the overthrow of the
Government of the United States or the State by force or violence or
other unlawful means or who advocates the support of a foreign
government against the United States in the event of hostilities
shall:
(a) Hold any office or employment under this State, including but
not limited to the University of California, or with any county, city
or county, city, district, political subdivision, authority, board,
bureau, commission or other public agency of this State; or
(b) Receive any exemption from any tax imposed by this State or
any county, city or county, city, district, political subdivision,
authority, board, bureau, commission or other public agency of this
State.
The Legislature shall enact such laws as may be necessary to
enforce the provisions of this section.
ARTICLE 7 PUBLIC OFFICERS AND EMPLOYEES
SEC. 10. (a) No person who is found liable in a civil action for
making libelous or slanderous statements against an opposing
candidate during the course of an election campaign for any federal,
statewide, Board of Equalization, or legislative office or for any
county, city and county, city, district, or any other local elective
office shall retain the seat to which he or she is elected, where it
is established that the libel or slander was a major contributing
cause in the defeat of an opposing candidate.
A libelous or slanderous statement shall be deemed to have been
made by a person within the meaning of this section if that person
actually made the statement or if the person actually or
constructively assented to, authorized, or ratified the statement.
"Federal office," as used in this section means the office of
United States Senator and Member of the House of Representatives; and
to the extent that the provisions of this section do not conflict
with any provision of federal law, it is intended that candidates
seeking the office of United States Senator or Member of the House of
Representatives comply with this section.
(b) In order to determine whether libelous or slanderous
statements were a major contributing cause in the defeat of an
opposing candidate, the trier of fact shall make a separate, distinct
finding on that issue. If the trier of fact finds that libel or
slander was a major contributing cause in the defeat of an opposing
candidate and that the libelous or slanderous statement was made with
knowledge that it was false or with reckless disregard of whether it
was false or true, the person holding office shall be disqualified
from or shall forfeit that office as provided in subdivision (d).
The findings required by this section shall be in writing and shall
be incorporated as part of the judgment.
(c) In a case where a person is disqualified from holding office
or is required to forfeit an office under subdivisions (a) and (b),
that disqualification or forfeiture shall create a vacancy in office,
which vacancy shall be filled in the manner provided by law for the
filling of a vacancy in that particular office.
(d) Once the judgment of liability is entered by the trial court
and the time for filing a notice of appeal has expired, or all
possibility of direct attack in the courts of this State has been
finally exhausted, the person shall be disqualified from or shall
forfeit the office involved in that election and shall have no
authority to exercise the powers or perform the duties of the office.
(e) This section shall apply to libelous or slanderous statements
made on or after the effective date of this section.
ARTICLE 7 PUBLIC OFFICERS AND EMPLOYEES
SEC. 11. (a) The Legislators' Retirement System shall not pay any
unmodified retirement allowance or its actuarial equivalent to any
person who on or after January 1, 1987, entered for the first time
any state office for which membership in the Legislators' Retirement
System was elective or to any beneficiary or survivor of such a
person, which exceeds the higher of (1) the salary receivable by the
person currently serving in the office in which the retired person
served or (2) the highest salary that was received by the retired
person while serving in that office.
(b) The Judges' Retirement System shall not pay any unmodified
retirement allowance or its actuarial equivalent to any person who on
or after January 1, 1987, entered for the first time any judicial
office subject to the Judges' Retirement System or to any beneficiary
or survivor of such a person, which exceeds the higher of (1) the
salary receivable by the person currently serving in the judicial
office in which the retired person served or (2) the highest salary
that was received by the retired person while serving in that
judicial office.
(c) The Legislature may define the terms used in this section.
(d) If any part of this measure or the application to any person
or circumstance is held invalid, the invalidity shall not affect
other provisions or applications which reasonably can be given effect
without the invalid provision or application.
ARTICLE 9 EDUCATION
SECTION 1. A general diffusion of knowledge and intelligence being
essential to the preservation of the rights and liberties of the
people, the Legislature shall encourage by all suitable means the
promotion of intellectual, scientific, moral, and agricultural
improvement.
ARTICLE 9 EDUCATION
SEC. 2. A Superintendent of Public Instruction shall be elected by
the qualified electors of the State at each gubernatorial election.
The Superintendent of Public Instruction shall enter upon the duties
of the office on the first Monday after the first day of January next
succeeding each gubernatorial election. No Superintendent of Public
Instruction may serve more than 2 terms.
ARTICLE 9 EDUCATION
SEC. 2.1. The State Board of Education, on nomination of the
Superintendent of Public Instruction, shall appoint one Deputy
Superintendent of Public Instruction and three Associate
Superintendents of Public Instruction who shall be exempt from state
civil service and whose terms of office shall be four years.
This section shall not be construed as prohibiting the
appointment, in accordance with law, of additional Associate
Superintendents of Public Instruction subject to state civil service.
ARTICLE 9 EDUCATION
SEC. 3. A Superintendent of Schools for each county may be elected
by the qualified electors thereof at each gubernatorial election or
may be appointed by the county board of education, and the manner of
the selection shall be determined by a majority vote of the electors
of the county voting on the question; provided, that two or more
counties may, by an election conducted pursuant to Section 3.2 of
this article, unite for the purpose of electing or appointing one
joint superintendent for the counties so uniting.
ARTICLE 9 EDUCATION
SEC. 3.1. (a) Notwithstanding any provision of this Constitution to
the contrary, the Legislature shall prescribe the qualifications
required of county superintendents of schools, and for these purposes
shall classify the several counties in the State.
(b) Notwithstanding any provision of this Constitution to the
contrary, the county board of education or joint county board of
education, as the case may be, shall fix the salary of the county
superintendent of schools or the joint county superintendent of
schools, respectively.
ARTICLE 9 EDUCATION
SEC. 3.2. Notwithstanding any provision of this Constitution to the
contrary, any two or more chartered counties, or nonchartered
counties, or any combination thereof, may, by a majority vote of the
electors of each such county voting on the proposition at an election
called for that purpose in each such county, establish one joint
board of education and one joint county superintendent of schools for
the counties so uniting. A joint county board of education and a
joint county superintendent of schools shall be governed by the
general statutes and shall not be governed by the provisions of any
county charter.
ARTICLE 9 EDUCATION
SEC. 3.3. Except as provided in Section 3.2 of this article, it
shall be competent to provide in any charter framed for a county
under any provision of this Constitution, or by the amendment of any
such charter, for the election of the members of the county board of
education of such county and for their qualifications and terms of
office.
ARTICLE 9 EDUCATION
SEC. 5. The Legislature shall provide for a system of common
schools by which a free school shall be kept up and supported in each
district at least six months in every year, after the first year in
which a school has been established.
ARTICLE 9 EDUCATION
SEC. 6. Each person, other than a substitute employee, employed by
a school district as a teacher or in any other position requiring
certification qualifications shall be paid a salary which shall be at
the rate of an annual salary of not less than twenty-four hundred
dollars ($2,400) for a person serving full time, as defined by law.
The Public School System shall include all kindergarten schools,
elementary schools, secondary schools, technical schools, and state
colleges, established in accordance with law and, in addition, the
school districts and the other agencies authorized to maintain them.
No school or college or any other part of the Public School System
shall be, directly or indirectly, transferred from the Public School
System or placed under the jurisdiction of any authority other than
one included within the Public School System.
The Legislature shall add to the State School Fund such other
means from the revenues of the State as shall provide in said fund
for apportionment in each fiscal year, an amount not less than one
hundred eighty dollars ($180) per pupil in average daily attendance
in the kindergarten schools, elementary schools, secondary schools,
and technical schools in the Public School System during the next
preceding fiscal year.
The entire State School Fund shall be apportioned in each fiscal
year in such manner as the Legislature may provide, through the
school districts and other agencies maintaining such schools, for the
support of, and aid to, kindergarten schools, elementary schools,
secondary schools, and technical schools except that there shall be
apportioned to each school district in each fiscal year not less than
one hundred twenty dollars ($120) per pupil in average daily
attendance in the district during the next preceding fiscal year and
except that the amount apportioned to each school district in each
fiscal year shall be not less than twenty-four hundred dollars
($2,400).
Solely with respect to any retirement system provided for in the
charter of any county or city and county pursuant to the provisions
of which the contributions of, and benefits to, certificated
employees of a school district who are members of such system are
based upon the proportion of the salaries of such certificated
employees contributed by said county or city and county, all amounts
apportioned to said county or city and county, or to school districts
therein, pursuant to the provisions of this section shall be
considered as though derived from county or city and county school
taxes for the support of county and city and county government and
not money provided by the State within the meaning of this section.
ARTICLE 9 EDUCATION
SEC. 61/2. Nothing in this constitution contained shall forbid the
formation of districts for school purposes situate in more than one
county or the issuance of bonds by such districts under such general
laws as have been or may hereafter be prescribed by the legislature;
and the officers mentioned in such laws shall be authorized to levy
and assess such taxes and perform all such other acts as may be
prescribed therein for the purpose of paying such bonds and carrying
out the other powers conferred upon such districts; provided, that
all such bonds shall be issued subject to the limitations prescribed
in section eighteen of article eleven hereof.
ARTICLE 9 EDUCATION
SEC. 7. The Legislature shall provide for the appointment or
election of the State Board of Education and a board of education in
each county or for the election of a joint county board of education
for two or more counties.
ARTICLE 9 EDUCATION
SEC. 7.5. The State Board of Education shall adopt textbooks for
use in grades one through eight throughout the State, to be furnished
without cost as provided by statute.
ARTICLE 9 EDUCATION
SEC. 8. No public money shall ever be appropriated for the support
of any sectarian or denominational school, or any school not under
the exclusive control of the officers of the public schools; nor
shall any sectarian or denominational doctrine be taught, or
instruction thereon be permitted, directly or indirectly, in any of
the common schools of this State.
ARTICLE 9 EDUCATION
SEC. 9. (a) The University of California shall constitute a public
trust, to be administered by the existing corporation known as "The
Regents of the University of California," with full powers of
organization and government, subject only to such legislative control
as may be necessary to insure the security of its funds and
compliance with the terms of the endowments of the university and
such competitive bidding procedures as may be made applicable to the
university by statute for the letting of construction contracts,
sales of real property, and purchasing of materials, goods, and
services. Said corporation shall be in form a board composed of
seven ex officio members, which shall be: the Governor, the
Lieutenant Governor, the Speaker of the Assembly, the Superintendent
of Public Instruction, the president and the vice president of the
alumni association of the university and the acting president of the
university, and 18 appointive members appointed by the Governor and
approved by the Senate, a majority of the membership concurring;
provided, however that the present appointive members shall hold
office until the expiration of their present terms.
(b) The terms of the members appointed prior to November 5, 1974,
shall be 16 years; the terms of two appointive members to expire as
heretofore on March 1st of every even-numbered calendar year, and two
members shall be appointed for terms commencing on March 1, 1976,
and on March 1 of each year thereafter; provided that no such
appointments shall be made for terms to commence on March 1, 1979, or
on March 1 of each fourth year thereafter, to the end that no
appointment to the regents for a newly commencing term shall be made
during the first year of any gubernatorial term of office. The terms
of the members appointed for terms commencing on and after March 1,
1976, shall be 12 years. During the period of transition until the
time when the appointive membership is comprised exclusively of
persons serving for terms of 12 years, the total number of appointive
members may exceed the numbers specified in the preceeding
paragraph.
In case of any vacancy, the term of office of the appointee to
fill such vacancy, who shall be appointed by the Governor and
approved by the Senate, a majority of the membership concurring,
shall be for the balance of the term for which such vacancy exists.
(c) The members of the board may, in their discretion, following
procedures established by them and after consultation with
representatives of faculty and students of the university, including
appropriate officers of the academic senate and student governments,
appoint to the board either or both of the following persons as
members with all rights of participation: a member of the faculty at
a campus of the university or of another institution of higher
education; a person enrolled as a student at a campus of the
university for each regular academic term during his service as a
member of the board. Any person so appointed shall serve for not
less than one year commencing on July 1.
(d) Regents shall be able persons broadly reflective of the
economic, cultural, and social diversity of the State, including
ethnic minorities and women. However, it is not intended that
formulas or specific ratios be applied in the selection of regents.
(e) In the selection of the Regents, the Governor shall consult an
advisory committee composed as follows: The Speaker of the Assembly
and two public members appointed by the Speaker, the President Pro
Tempore of the Senate and two public members appointed by the Rules
Committee of the Senate, two public members appointed by the
Governor, the chairman of the regents of the university, an alumnus
of the university chosen by the alumni association of the university,
a student of the university chosen by the Council of Student Body
Presidents, and a member of the faculty of the university chosen by
the academic senate of the university. Public members shall serve
for four years, except that one each of the initially appointed
members selected by the Speaker of the Assembly, the President Pro
Tempore of the Senate, and the Governor shall be appointed to serve
for two years; student, alumni, and faculty members shall serve for
one year and may not be regents of the university at the time of
their service on the advisory committee.
(f) The Regents of the University of California shall be vested
with the legal title and the management and disposition of the
property of the university and of property held for its benefit and
shall have the power to take and hold, either by purchase or by
donation, or gift, testamentary or otherwise, or in any other manner,
without restriction, all real and personal property for the benefit
of the university or incidentally to its conduct; provided, however,
that sales of university real property shall be subject to such
competitive bidding procedures as may be provided by statute. Said
corporation shall also have all the powers necessary or convenient
for the effective administration of its trust, including the power to
sue and to be sued, to use a seal, and to delegate to its committees
or to the faculty of the university, or to others, such authority or
functions as it may deem wise. The Regents shall receive all funds
derived from the sale of lands pursuant to the act of Congress of
July 2, 1862, and any subsequent acts amendatory thereof. The
university shall be entirely independent of all political or
sectarian influence and kept free therefrom in the appointment of its
regents and in the administration of its affairs, and no person
shall be debarred admission to any department of the university on
account of race, religion, ethnic heritage, or sex.
(g) Meetings of the Regents of the University of California shall
be public, with exceptions and notice requirements as may be provided
by statute.
ARTICLE 9 EDUCATION
SEC. 14. The Legislature shall have power, by general law, to
provide for the incorporation and organization of school districts,
high school districts, and community college districts, of every kind
and class, and may classify such districts.
The Legislature may authorize the governing boards of all school
districts to initiate and carry on any programs, activities, or to
otherwise act in any manner which is not in conflict with the laws
and purposes for which school districts are established.
ARTICLE 9 EDUCATION
SEC. 16. (a) It shall be competent, in all charters framed under
the authority given by Section 5 of Article XI, to provide, in
addition to those provisions allowable by this Constitution, and by
the laws of the State for the manner in which, the times at which,
and the terms for which the members of boards of education shall be
elected or appointed, for their qualifications, compensation and
removal, and for the number which shall constitute any one of such
boards.
(b) Notwithstanding Section 3 of Article XI, when the boundaries
of a school district or community college district extend beyond the
limits of a city whose charter provides for any or all of the
foregoing with respect to the members of its board of education, no
charter amendment effecting a change in the manner in which, the
times at which, or the terms for which the members of the board of
education shall be elected or appointed, for their qualifications,
compensation, or removal, or for the number which shall constitute
such board, shall be adopted unless it is submitted to and approved
by a majority of all the qualified electors of the school district or
community college district voting on the question. Any such
amendment, and any portion of a proposed charter or a revised charter
which would establish or change any of the foregoing provisions
respecting a board of education, shall be submitted to the electors
of the school district or community college district as one or more
separate questions. The failure of any such separate question to be
approved shall have the result of continuing in effect the applicable
existing law with respect to that board of education.
ARTICLE 10 WATER
SECTION 1. The right of eminent domain is hereby declared to exist
in the State to all frontages on the navigable waters of this State.
ARTICLE 10 WATER
SEC. 2. It is hereby declared that because of the conditions
prevailing in this State the general welfare requires that the water
resources of the State be put to beneficial use to the fullest extent
of which they are capable, and that the waste or unreasonable use or
unreasonable method of use of water be prevented, and that the
conservation of such waters is to be exercised with a view to the
reasonable and beneficial use thereof in the interest of the people
and for the public welfare. The right to water or to the use or flow
of water in or from any natural stream or water course in this State
is and shall be limited to such water as shall be reasonably
required for the beneficial use to be served, and such right does not
and shall not extend to the waste or unreasonable use or
unreasonable method of use or unreasonable method of diversion of
water. Riparian rights in a stream or water course attach to, but to
no more than so much of the flow thereof as may be required or used
consistently with this section, for the purposes for which such lands
are, or may be made adaptable, in view of such reasonable and
beneficial uses; provided, however, that nothing herein contained
shall be construed as depriving any riparian owner of the reasonable
use of water of the stream to which the owner's land is riparian
under reasonable methods of diversion and use, or as depriving any
appropriator of water to which the appropriator is lawfully entitled.
This section shall be self-executing, and the Legislature may also
enact laws in the furtherance of the policy in this section
contained.
ARTICLE 10 WATER
SEC. 3. All tidelands within two miles of any incorporated city,
city and county, or town in this State, and fronting on the water of
any harbor, estuary, bay, or inlet used for the purposes of
navigation, shall be withheld from grant or sale to private persons,
partnerships, or corporations; provided, however, that any such
tidelands, reserved to the State solely for street purposes, which
the Legislature finds and declares are not used for navigation
purposes and are not necessary for such purposes may be sold to any
town, city, county, city and county, municipal corporations, private
persons, partnerships or corporations subject to such conditions as
the Legislature determines are necessary to be imposed in connection
with any such sales in order to protect the public interest.
ARTICLE 10 WATER
SEC. 4. No individual, partnership, or corporation, claiming or
possessing the frontage or tidal lands of a harbor, bay, inlet,
estuary, or other navigable water in this State, shall be permitted
to exclude the right of way to such water whenever it is required for
any public purpose, nor to destroy or obstruct the free navigation
of such water; and the Legislature shall enact such laws as will give
the most liberal construction to this provision, so that access to
the navigable waters of this State shall be always attainable for the
people thereof.
ARTICLE 10 WATER
SEC. 5. The use of all water now appropriated, or that may
hereafter be appropriated, for sale, rental, or distribution, is
hereby declared to be a public use, and subject to the regulation and
control of the State, in the manner to be prescribed by law.
ARTICLE 10 WATER
SEC. 6. The right to collect rates or compensation for the use of
water supplied to any county, city and county, or town, or the
inhabitants thereof, is a franchise, and cannot be exercised except
by authority of and in the manner prescribed by law.
ARTICLE 10 WATER
SEC. 7. Whenever any agency of government, local, state, or
federal, hereafter acquires any interest in real property in this
State, the acceptance of the interest shall constitute an agreement
by the agency to conform to the laws of California as to the
acquisition, control, use, and distribution of water with respect to
the land so acquired.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SECTION 1. This article shall be known and may be cited as the
Marine Resources Protection Act of 1990.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 2. (a) "District" means a fish and game district as defined in
the Fish and Game Code by statute on January 1, 1990.
(b) Except as specifically provided in this article, all
references to Fish and Game Code sections, articles, chapters, parts,
and divisions are defined as those statutes in effect on January 1,
1990.
(c) "Ocean waters" means the waters of the Pacific Ocean regulated
by the State.
(d) "Zone" means the Marine Resources Protection zone established
pursuant to this article. The zone consists of the following:
(1) In waters less than 70 fathoms or within one mile, whichever
is less, around the Channel Islands consisting of the Islands of San
Miguel, Santa Rosa, Santa Cruz, Anacapa, San Nicolaus, Santa Barbara,
Santa Catalina, and San Clemente.
(2) The area within three nautical miles offshore of the mainland
coast, and the area within three nautical miles off any manmade
breakwater, between a line extending due west from Point Arguello and
a line extending due west from the Mexican border.
(3) In waters less than 35 fathoms between a line running 180
degrees true from Point Fermin and a line running 270 degrees true
from the south jetty of Newport Harbor.
o
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 3. (a) From January 1, 1991, to December 31, 1993, inclusive,
gill nets or trammel nets may only be used in the zone pursuant to a
nontransferable permit issued by the Department of Fish and Game
pursuant to Section 5.
(b) On and after January 1, 1994, gill nets and trammel nets shall
not be used in the zone.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 4. (a) Notwithstanding any other provision of law, gill nets
and trammel nets may not be used to take any species of rockfish.
(b) In ocean waters north of Point Arguello on and after the
effective date of this article, the use of gill nets and trammel nets
shall be regulated by the provisions of Article 4 (commencing with
Section 8660), Article 5 (commencing with Section 8680) and Article 6
(commencing with Section 8720) of Chapter 3 of Part 3 of Division 6
of the Fish and Game Code, or any regulation or order issued pursuant
to these articles, in effect on January 1, 1990, except that as to
Sections 8680, 8681, 8681.7, and 8682, and subdivisions (a) through
(f), inclusive of Section 8681.5 of the Fish and Game Code, or any
regulation or order issued pursuant to these sections, the provisions
in effect on January 1, 1989, shall control where not in conflict
with other provisions of this article, and shall be applicable to all
ocean waters. Notwithstanding the provisions of this section, the
Legislature shall not be precluded from imposing more restrictions on
the use and/or possession of gill nets or trammel nets. The
Director of the Department of Fish and Game shall not authorize the
use of gill nets or trammel nets in any area where the use is not
permitted even if the director makes specified findings.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 5. The Department of Fish and Game shall issue a permit to use
a gill net or trammel net in the zone for the period specified in
subdivision (a) of Section 3 to any applicant who meets both of the
following requirements:
(a) Has a commercial fishing license issued pursuant to Sections
7850-7852.3 of the Fish and Game Code.
(b) Has a permit issued pursuant to Section 8681 of the Fish and
Game Code and is presently the owner or operator of a vessel equipped
with a gill net or trammel net.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 6. The Department of Fish and Game shall charge the following
fees for permits issued pursuant to Section 5 pursuant to the
following schedule:
Calendar Year Fee
1991 $250
1992 500
1993 1,000
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 7. (a) Within 90 days after the effective date of this
section, every person who intends to seek the compensation provided
in subdivision (b) shall notify the Department of Fish and Game, on
forms provided by the department, of that intent. Any person who
does not submit the form within that 90-day period shall not be
compensated pursuant to subdivision (b). The department shall
publish a list of all persons submitting the form within 120 days
after the effective date of this section.
(b) After July 1, 1993, and before January 1, 1994, any person who
holds a permit issued pursuant to Section 5 and operates in the zone
may surrender that permit to the department and agree to permanently
discontinue fishing with gill or trammel nets in the zone, for which
he or she shall receive, beginning on July 1, 1993, a one time
compensation which shall be based upon the average annual ex vessel
value of the fish other than any species of rockfish landed by a
fisherman, which were taken pursuant to a valid general gill net or
trammel net permit issued pursuant to Sections 8681 and 8682 of the
Fish and Game Code within the zone during the years 1983 to 1987,
inclusive. The department shall verify those landings by reviewing
logs and landing receipts submitted to it. Any person who is denied
compensation by the department as a result of the department's
failure to verify landings may appeal that decision to the Fish and
Game Commission.
(c) The State Board of Control shall, prior to the disbursement of
any funds, verify the eligibility of each person seeking
compensation and the amount of the compensation to be provided in
order to ensure compliance with this section.
(d) Unless the Legislature enacts any required enabling
legislation to implement this section on or before July 1, 1993, no
compensation shall be paid under this article.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 8. (a) There is hereby created the Marine Resources Protection
Account in the Fish and Game Preservation Fund. On and after
January 1, 1991, the Department of Fish and Game shall collect any
and all fees required by this article. All fees received by the
department pursuant to this article shall be deposited in the account
and shall be expended or encumbered to compensate persons who
surrender permits pursuant to Section 7 or to provide for
administration of this article. All funds received by the department
during any fiscal year pursuant to this article which are not
expended during that fiscal year to compensate persons as set forth
in Section 7 or to provide for administration of this article shall
be carried over into the following fiscal year and shall be used only
for those purposes. All interest accrued from the department's
retention of fees received pursuant to this article shall be credited
to the account. The accrued interest may only be expended for the
purposes authorized by this article. The account shall continue in
existence, and the requirement to pay fees under this article shall
remain in effect, until the compensation provided in Section 7 has
been fully funded or until January 1, 1995, whichever occurs first.
(b) An amount, not to exceed 15 percent of the total annual
revenues deposited in the account excluding any interest accrued or
any funds carried over from a prior fiscal year may be expended for
the administration of this article.
(c) In addition to a valid California sportfishing license issued
pursuant to Sections 7149, 7149.1 or 7149.2 of the Fish and Game Code
and any applicable sport license stamp issued pursuant to the Fish
and Game Code, a person taking fish from ocean waters south of a line
extending due west from Point Arguello for sport purposes shall have
permanently affixed to that person's sportfishing license a marine
resources protection stamp which may be obtained from the department
upon payment of a fee of three dollars ($3). This subdivision does
not apply to any one-day fishing license.
(d) In addition to a valid California commercial passenger fishing
boat license required by Section 7920 of the Fish and Game Code, the
owner of any boat or vessel who, for profit, permits any person to
fish from the boat or vessel in ocean waters south of a line
extending due west from Point Arguello, shall obtain and permanently
affix to the license a commercial marine resources protection stamp
which may be obtained from the department upon payment of a fee of
three dollars ($3).
(e) The department may accept contributions or donations from any
person who wishes to donate money to be used for the compensation of
commercial gill net and trammel net fishermen who surrender permits
under this article.
(f) This section shall become inoperative on January 1, 1995.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 9. Any funds remaining in the Marine Resources Protection
Account in the Fish and Game Preservation Fund on or after January 1,
1995, shall, with the approval of the Fish and Game Commission, be
used to provide grants to colleges, universities and other bonafide
scientific research groups to fund marine resource related scientific
research within the ecological reserves established by Section 14 of
this act.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 10. On or before December 31 of each year, the Director of
Fish and Game shall prepare and submit a report to the Legislature
regarding the implementation of this article including an accounting
of all funds.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 11. It is unlawful for any person to take, possess, receive,
transport, purchase, sell, barter, or process any fish obtained in
violation of this article.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 12. To increase the State's scientific and biological
information on the ocean fisheries of this State, the Department of
Fish and Game shall establish a program whereby it can monitor and
evaluate the daily landings of fish by commercial fishermen who are
permitted under this article to take these fish. The cost of
implementing this monitoring program shall be borne by the commercial
fishing industry.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 13. (a) The penalty for a first violation of the provisions of
Sections 3 and 4 of this article is a fine of not less than one
thousand dollars ($1,000) and not more than five thousand dollars
($5,000) and a mandatory suspension of any license, permit or stamp
to take, receive, transport, purchase, sell, barter or process fish
for commercial purposes for six months. The penalty for a second or
subsequent violation of the provisions of Sections 3 and 4 of this
article is a fine of not less than two thousand five hundred dollars
($2,500) and not more than ten thousand dollars ($10,000) and a
mandatory suspension of any license, permit or stamp to take,
receive, transport, purchase, sell, barter, or process fish for
commercial purposes for one year.
(b) Notwithstanding any other provisions of law, a violation of
Section 8 of this article shall be deemed a violation of the
provisions of Section 7145 of the Fish and Game Code and the penalty
for such violation shall be consistent with the provisions of Section
12002.2 of said code.
(c) If a person convicted of a violation of Section 3, 4, or 8 of
this article is granted probation, the court shall impose as a term
or condition of probation, in addition to any other term or condition
of probation, that the person pay at least the minimum fine
prescribed in this section.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 14. Prior to January 1, 1994, the Fish and Game Commission
shall establish four new ecological reserves in ocean waters along
the mainland coast. Each ecological reserve shall have a surface
area of at least two square miles. The commission shall restrict the
use of these ecological reserves to scientific research relating to
the management and enhancement of marine resources.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 15. This article does not preempt or supersede any other
closures to protect any other wildlife, including sea otters, whales,
and shorebirds.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 16. If any provision of this article or the application
thereof to any person or circumstances is held invalid, that
invalidity shall not affect other provisions or applications of this
article which can be given effect without the invalid provision or
application, and to this end the provisions of this article are
severable.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SECTION 1. This article shall be known and may be cited as the
Marine Resources Protection Act of 1990.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 2. (a) "District" means a fish and game district as defined in
the Fish and Game Code by statute on January 1, 1990.
(b) Except as specifically provided in this article, all
references to Fish and Game Code sections, articles, chapters, parts,
and divisions are defined as those statutes in effect on January 1,
1990.
(c) "Ocean waters" means the waters of the Pacific Ocean regulated
by the State.
(d) "Zone" means the Marine Resources Protection zone established
pursuant to this article. The zone consists of the following:
(1) In waters less than 70 fathoms or within one mile, whichever
is less, around the Channel Islands consisting of the Islands of San
Miguel, Santa Rosa, Santa Cruz, Anacapa, San Nicolaus, Santa Barbara,
Santa Catalina, and San Clemente.
(2) The area within three nautical miles offshore of the mainland
coast, and the area within three nautical miles off any manmade
breakwater, between a line extending due west from Point Arguello and
a line extending due west from the Mexican border.
(3) In waters less than 35 fathoms between a line running 180
degrees true from Point Fermin and a line running 270 degrees true
from the south jetty of Newport Harbor.
o
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 3. (a) From January 1, 1991, to December 31, 1993, inclusive,
gill nets or trammel nets may only be used in the zone pursuant to a
nontransferable permit issued by the Department of Fish and Game
pursuant to Section 5.
(b) On and after January 1, 1994, gill nets and trammel nets shall
not be used in the zone.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 4. (a) Notwithstanding any other provision of law, gill nets
and trammel nets may not be used to take any species of rockfish.
(b) In ocean waters north of Point Arguello on and after the
effective date of this article, the use of gill nets and trammel nets
shall be regulated by the provisions of Article 4 (commencing with
Section 8660), Article 5 (commencing with Section 8680) and Article 6
(commencing with Section 8720) of Chapter 3 of Part 3 of Division 6
of the Fish and Game Code, or any regulation or order issued pursuant
to these articles, in effect on January 1, 1990, except that as to
Sections 8680, 8681, 8681.7, and 8682, and subdivisions (a) through
(f), inclusive of Section 8681.5 of the Fish and Game Code, or any
regulation or order issued pursuant to these sections, the provisions
in effect on January 1, 1989, shall control where not in conflict
with other provisions of this article, and shall be applicable to all
ocean waters. Notwithstanding the provisions of this section, the
Legislature shall not be precluded from imposing more restrictions on
the use and/or possession of gill nets or trammel nets. The
Director of the Department of Fish and Game shall not authorize the
use of gill nets or trammel nets in any area where the use is not
permitted even if the director makes specified findings.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 5. The Department of Fish and Game shall issue a permit to use
a gill net or trammel net in the zone for the period specified in
subdivision (a) of Section 3 to any applicant who meets both of the
following requirements:
(a) Has a commercial fishing license issued pursuant to Sections
7850-7852.3 of the Fish and Game Code.
(b) Has a permit issued pursuant to Section 8681 of the Fish and
Game Code and is presently the owner or operator of a vessel equipped
with a gill net or trammel net.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 6. The Department of Fish and Game shall charge the following
fees for permits issued pursuant to Section 5 pursuant to the
following schedule:
Calendar Year Fee
1991 $250
1992 500
1993 1,000
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 7. (a) Within 90 days after the effective date of this
section, every person who intends to seek the compensation provided
in subdivision (b) shall notify the Department of Fish and Game, on
forms provided by the department, of that intent. Any person who
does not submit the form within that 90-day period shall not be
compensated pursuant to subdivision (b). The department shall
publish a list of all persons submitting the form within 120 days
after the effective date of this section.
(b) After July 1, 1993, and before January 1, 1994, any person who
holds a permit issued pursuant to Section 5 and operates in the zone
may surrender that permit to the department and agree to permanently
discontinue fishing with gill or trammel nets in the zone, for which
he or she shall receive, beginning on July 1, 1993, a one time
compensation which shall be based upon the average annual ex vessel
value of the fish other than any species of rockfish landed by a
fisherman, which were taken pursuant to a valid general gill net or
trammel net permit issued pursuant to Sections 8681 and 8682 of the
Fish and Game Code within the zone during the years 1983 to 1987,
inclusive. The department shall verify those landings by reviewing
logs and landing receipts submitted to it. Any person who is denied
compensation by the department as a result of the department's
failure to verify landings may appeal that decision to the Fish and
Game Commission.
(c) The State Board of Control shall, prior to the disbursement of
any funds, verify the eligibility of each person seeking
compensation and the amount of the compensation to be provided in
order to ensure compliance with this section.
(d) Unless the Legislature enacts any required enabling
legislation to implement this section on or before July 1, 1993, no
compensation shall be paid under this article.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 8. (a) There is hereby created the Marine Resources Protection
Account in the Fish and Game Preservation Fund. On and after
January 1, 1991, the Department of Fish and Game shall collect any
and all fees required by this article. All fees received by the
department pursuant to this article shall be deposited in the account
and shall be expended or encumbered to compensate persons who
surrender permits pursuant to Section 7 or to provide for
administration of this article. All funds received by the department
during any fiscal year pursuant to this article which are not
expended during that fiscal year to compensate persons as set forth
in Section 7 or to provide for administration of this article shall
be carried over into the following fiscal year and shall be used only
for those purposes. All interest accrued from the department's
retention of fees received pursuant to this article shall be credited
to the account. The accrued interest may only be expended for the
purposes authorized by this article. The account shall continue in
existence, and the requirement to pay fees under this article shall
remain in effect, until the compensation provided in Section 7 has
been fully funded or until January 1, 1995, whichever occurs first.
(b) An amount, not to exceed 15 percent of the total annual
revenues deposited in the account excluding any interest accrued or
any funds carried over from a prior fiscal year may be expended for
the administration of this article.
(c) In addition to a valid California sportfishing license issued
pursuant to Sections 7149, 7149.1 or 7149.2 of the Fish and Game Code
and any applicable sport license stamp issued pursuant to the Fish
and Game Code, a person taking fish from ocean waters south of a line
extending due west from Point Arguello for sport purposes shall have
permanently affixed to that person's sportfishing license a marine
resources protection stamp which may be obtained from the department
upon payment of a fee of three dollars ($3). This subdivision does
not apply to any one-day fishing license.
(d) In addition to a valid California commercial passenger fishing
boat license required by Section 7920 of the Fish and Game Code, the
owner of any boat or vessel who, for profit, permits any person to
fish from the boat or vessel in ocean waters south of a line
extending due west from Point Arguello, shall obtain and permanently
affix to the license a commercial marine resources protection stamp
which may be obtained from the department upon payment of a fee of
three dollars ($3).
(e) The department may accept contributions or donations from any
person who wishes to donate money to be used for the compensation of
commercial gill net and trammel net fishermen who surrender permits
under this article.
(f) This section shall become inoperative on January 1, 1995.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 9. Any funds remaining in the Marine Resources Protection
Account in the Fish and Game Preservation Fund on or after January 1,
1995, shall, with the approval of the Fish and Game Commission, be
used to provide grants to colleges, universities and other bonafide
scientific research groups to fund marine resource related scientific
research within the ecological reserves established by Section 14 of
this act.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 10. On or before December 31 of each year, the Director of
Fish and Game shall prepare and submit a report to the Legislature
regarding the implementation of this article including an accounting
of all funds.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 11. It is unlawful for any person to take, possess, receive,
transport, purchase, sell, barter, or process any fish obtained in
violation of this article.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 12. To increase the State's scientific and biological
information on the ocean fisheries of this State, the Department of
Fish and Game shall establish a program whereby it can monitor and
evaluate the daily landings of fish by commercial fishermen who are
permitted under this article to take these fish. The cost of
implementing this monitoring program shall be borne by the commercial
fishing industry.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 13. (a) The penalty for a first violation of the provisions of
Sections 3 and 4 of this article is a fine of not less than one
thousand dollars ($1,000) and not more than five thousand dollars
($5,000) and a mandatory suspension of any license, permit or stamp
to take, receive, transport, purchase, sell, barter or process fish
for commercial purposes for six months. The penalty for a second or
subsequent violation of the provisions of Sections 3 and 4 of this
article is a fine of not less than two thousand five hundred dollars
($2,500) and not more than ten thousand dollars ($10,000) and a
mandatory suspension of any license, permit or stamp to take,
receive, transport, purchase, sell, barter, or process fish for
commercial purposes for one year.
(b) Notwithstanding any other provisions of law, a violation of
Section 8 of this article shall be deemed a violation of the
provisions of Section 7145 of the Fish and Game Code and the penalty
for such violation shall be consistent with the provisions of Section
12002.2 of said code.
(c) If a person convicted of a violation of Section 3, 4, or 8 of
this article is granted probation, the court shall impose as a term
or condition of probation, in addition to any other term or condition
of probation, that the person pay at least the minimum fine
prescribed in this section.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 14. Prior to January 1, 1994, the Fish and Game Commission
shall establish four new ecological reserves in ocean waters along
the mainland coast. Each ecological reserve shall have a surface
area of at least two square miles. The commission shall restrict the
use of these ecological reserves to scientific research relating to
the management and enhancement of marine resources.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 15. This article does not preempt or supersede any other
closures to protect any other wildlife, including sea otters, whales,
and shorebirds.
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 16. If any provision of this article or the application
thereof to any person or circumstances is held invalid, that
invalidity shall not affect other provisions or applications of this
article which can be given effect without the invalid provision or
application, and to this end the provisions of this article are
severable.
ARTICLE 11 LOCAL GOVERNMENT
SEC. 1. (a) The State is divided into counties which are legal
subdivisions of the State. The Legislature shall prescribe uniform
procedure for county formation, consolidation, and boundary change.
Formation or consolidation requires approval by a majority of
electors voting on the question in each affected county. A boundary
change requires approval by the governing body of each affected
county. No county seat shall be removed unless two-thirds of the
qualified electors of the county, voting on the proposition at a
general election, shall vote in favor of such removal. A proposition
of removal shall not be submitted in the same county more than once
in four years.
(b) The Legislature shall provide for county powers, an elected
county sheriff, an elected district attorney, an elected assessor,
and an elected governing body in each county. Except as provided in
subdivision (b) of Section 4 of this article, each governing body
shall prescribe by ordinance the compensation of its members, but the
ordinance prescribing such compensation shall be subject to
referendum. The Legislature or the governing body may provide for
other officers whose compensation shall be prescribed by the
governing body. The governing body shall provide for the number,
compensation, tenure, and appointment of employees.
ARTICLE 11 LOCAL GOVERNMENT
SEC. 2. (a) The Legislature shall prescribe uniform procedure for
city formation and provide for city powers.
(b) Except with approval by a majority of its electors voting on
the question, a city may not be annexed to or consolidated into
another.
ARTICLE 11 LOCAL GOVERNMENT
SEC. 3. (a) For its own government, a county or city may adopt a
charter by majority vote of its electors voting on the question. The
charter is effective when filed with the Secretary of State. A
charter may be amended, revised, or repealed in the same manner. A
charter, amendment, revision, or repeal thereof shall be published in
the official state statutes. County charters adopted pursuant to
this section shall supersede any existing charter and all laws
inconsistent therewith. The provisions of a charter are the law of
the State and have the force and effect of legislative enactments.
(b) The governing body or charter commission of a county or city
may propose a charter or revision. Amendment or repeal may be
proposed by initiative or by the governing body.
(c) An election to determine whether to draft or revise a charter
and elect a charter commission may be required by initiative or by
the governing body.
(d) If provisions of 2 or more measures approved at the same
election conflict, those of the measure receiving the highest
affirmative vote shall prevail.
ARTICLE 11 LOCAL GOVERNMENT
SEC. 4. County charters shall provide for:
(a) A governing body of 5 or more members, elected (1) by district
or, (2) at large, or (3) at large, with a requirement that they
reside in a district. Charter counties are subject to statutes that
relate to apportioning population of governing body districts.
(b) The compensation, terms, and removal of members of the
governing body. If a county charter provides for the Legislature to
prescribe the salary of the governing body, such compensation shall
be prescribed by the governing body by ordinance.
(c) An elected sheriff, an elected district attorney, an elected
assessor, other officers, their election or appointment,
compensation, terms and removal.
(d) The performance of functions required by statute.
(e) The powers and duties of governing bodies and all other county
officers, and for consolidation and segregation of county officers,
and for the manner of filling all vacancies occurring therein.
(f) The fixing and regulation by governing bodies, by ordinance,
of the appointment and number of assistants, deputies, clerks,
attaches, and other persons to be employed, and for the prescribing
and regulating by such bodies of the powers, duties, qualifications,
and compensation of such persons, the times at which, and terms for
which they shall be appointed, and the manner of their appointment
and removal.
(g) Whenever any county has framed and adopted a charter, and the
same shall have been approved by the Legislature as herein provided,
the general laws adopted by the Legislature in pursuance of Section 1
(b) of this article, shall, as to such county, be superseded by said
charter as to matters for which, under this section it is competent
to make provision in such charter, and for which provision is made
therein, except as herein otherwise expressly provided.
(h) Charter counties shall have all the powers that are provided
by this Constitution or by statute for counties.
ARTICLE 11 LOCAL GOVERNMENT
SEC. 5. (a) It shall be competent in any city charter to provide
that the city governed thereunder may make and enforce all ordinances
and regulations in respect to municipal affairs, subject only to
restrictions and limitations provided in their several charters and
in respect to other matters they shall be subject to general laws.
City charters adopted pursuant to this Constitution shall supersede
any existing charter, and with respect to municipal affairs shall
supersede all laws inconsistent therewith.
(b) It shall be competent in all city charters to provide, in
addition to those provisions allowable by this Constitution, and by
the laws of the State for: (1) the constitution, regulation, and
government of the city police force (2) subgovernment in all or part
of a city (3) conduct of city elections and (4) plenary authority is
hereby granted, subject only to the restrictions of this article, to
provide therein or by amendment thereto, the manner in which, the
method by which, the times at which, and the terms for which the
several municipal officers and employees whose compensation is paid
by the city shall be elected or appointed, and for their removal, and
for their compensation, and for the number of deputies, clerks and
other employees that each shall have, and for the compensation,
method of appointment, qualifications, tenure of office and removal
of such deputies, clerks and other employees.
ARTICLE 11 LOCAL GOVERNMENT
SEC. 6. (a) A county and all cities within it may consolidate as a
charter city and county as provided by statute.
(b) A charter city and county is a charter city and a charter
county. Its charter city powers supersede conflicting charter county
powers.
ARTICLE 11 LOCAL GOVERNMENT
SEC. 7. A county or city may make and enforce within its limits all
local, police, sanitary, and other ordinances and regulations not in
conflict with general laws.
ARTICLE 11 LOCAL GOVERNMENT
SEC. 7.5. (a) A city or county measure proposed by the legislative
body of a city, charter city, county, or charter county and submitted
to the voters for approval shall not do either of the following:
(1) Include or exclude any part of the city, charter city, county,
or charter county from the application or effect of its provisions
based upon approval or disapproval of the city or county measure, or
based upon the casting of a specified percentage of votes in favor of
the measure, by the electors of the city, charter city, county,
charter county, or any part thereof.
(2) Contain alternative or cumulative provisions wherein one or
more of those provisions would become law depending upon the casting
of a specified percentage of votes for or against the measure.
(b) "City or county measure," as used in this section, means an
advisory question, proposed charter or charter amendment, ordinance,
proposition for the issuance of bonds, or other question or
proposition submitted to the voters of a city, or to the voters of a
county at an election held throughout an entire single county.
ARTICLE 11 LOCAL GOVERNMENT
SEC. 8. (a) The Legislature may provide that counties perform
municipal functions at the request of cities within them.
(b) If provided by their respective charters, a county may agree
with a city within it to assume and discharge specified municipal
functions.
ARTICLE 11 LOCAL GOVERNMENT
SEC. 9. (a) A municipal corporation may establish, purchase, and
operate public works to furnish its inhabitants with light, water,
power, heat, transportation, or means of communication. It may
furnish those services outside its boundaries, except within another
municipal corporation which furnishes the same service and does not
consent.
(b) Persons or corporations may establish and operate works for
supplying those services upon conditions and under regulations that
the city may prescribe under its organic law.
ARTICLE 11 LOCAL GOVERNMENT
SEC. 10. (a) A local government body may not grant extra
compensation or extra allowance to a public officer, public employee,
or contractor after service has been rendered or a contract has been
entered into and performed in whole or in part, or pay a claim under
an agreement made without authority of law.
(b) A city or county, including any chartered city or chartered
county, or public district, may not require that its employees be
residents of such city, county, or district; except that such
employees may be required to reside within a reasonable and specific
distance of their place of employment or other designated location.
ARTICLE 11 LOCAL GOVERNMENT
SEC. 11. (a) The Legislature may not delegate to a private person
or body power to make, control, appropriate, supervise, or interfere
with county or municipal corporation improvements, money, or
property, or to levy taxes or assessments, or perform municipal
functions.
(b) The Legislature may, however, provide for the deposit of
public moneys in any bank in this State or in any savings and loan
association in this State or any credit union in this State or in any
federally insured industrial loan company in this State and for
payment of interest, principal, and redemption premiums of public
bonds and other evidence of public indebtedness by banks within or
without this State. It may also provide for investment of public
moneys in securities and the registration of bonds and other
evidences of indebtedness by private persons or bodies, within or
without this State, acting as trustees or fiscal agents.
ARTICLE 11 LOCAL GOVERNMENT
SEC. 12. The Legislature may prescribe procedure for presentation,
consideration, and enforcement of claims against counties, cities,
their officers, agents, or employees.
ARTICLE 11 LOCAL GOVERNMENT
SEC. 13. The provisions of Sections 1(b) (except for the second
sentence), 3(a), 4, and 5 of this Article relating to matters
affecting the distribution of powers between the Legislature and
cities and counties, including matters affecting supersession, shall
be construed as a restatement of all related provisions of the
Constitution in effect immediately prior to the effective date of
this amendment, and as making no substantive change.
The terms general law, general laws, and laws, as used in this
Article, shall be construed as a continuation and restatement of
those terms as used in the Constitution in effect immediately prior
to the effective date of this amendment, and not as effecting a
change in meaning.
ARTICLE 11 LOCAL GOVERNMENT
SEC. 14. A local government formed after the effective date of this
section, the boundaries of which include all or part of two or more
counties, shall not levy a property tax unless such tax has been
approved by a majority vote of the qualified voters of that local
government voting on the issue of the tax.
ARTICLE 11 LOCAL GOVERNMENT
SEC. 15. (a) All revenues from taxes imposed pursuant to the
Vehicle License Fee Law, or its successor, other than fees on trailer
coaches and mobilehomes, over and above the costs of collection and
any refunds authorized by law, shall be allocated to counties and
cities according to statute.
(b) This section shall apply to those taxes imposed pursuant to
that law on and after July 1 following the approval of this section
by the voters.
ARTICLE 12 PUBLIC UTILITIES
SECTION 1. The Public Utilities Commission consists of 5 members
appointed by the Governor and approved by the Senate, a majority of
the membership concurring, for staggered 6-year terms. A vacancy is
filled for the remainder of the term. The Legislature may remove a
member for incompetence, neglect of duty, or corruption, two thirds
of the membership of each house concurring.
ARTICLE 12 PUBLIC UTILITIES
SEC. 2. Subject to statute and due process, the commission may
establish its own procedures. Any commissioner as designated by the
commission may hold a hearing or investigation or issue an order
subject to commission approval.
ARTICLE 12 PUBLIC UTILITIES
SEC. 3. Private corporations and persons that own, operate,
control, or manage a line, plant, or system for the transportation of
people or property, the transmission of telephone and telegraph
messages, or the production, generation, transmission, or furnishing
of heat, light, water, power, storage, or wharfage directly or
indirectly to or for the public, and common carriers, are public
utilities subject to control by the Legislature. The Legislature may
prescribe that additional classes of private corporations or other
persons are public utilities.
ARTICLE 12 PUBLIC UTILITIES
SEC. 4. The commission may fix rates and establish rules for the
transportation of passengers and property by transportation
companies, prohibit discrimination, and award reparation for the
exaction of unreasonable, excessive, or discriminatory charges. A
transportation company may not raise a rate or incidental charge
except after a showing to and a decision by the commission that the
increase is justified, and this decision shall not be subject to
judicial review except as to whether confiscation of property will
result.
ARTICLE 12 PUBLIC UTILITIES
SEC. 5. The Legislature has plenary power, unlimited by the other
provisions of this constitution but consistent with this article, to
confer additional authority and jurisdiction upon the commission, to
establish the manner and scope of review of commission action in a
court of record, and to enable it to fix just compensation for
utility property taken by eminent domain.
ARTICLE 12 PUBLIC UTILITIES
SEC. 6. The commission may fix rates, establish rules, examine
records, issue subpenas, administer oaths, take testimony, punish for
contempt, and prescribe a uniform system of accounts for all public
utilities subject to its jurisdiction.
ARTICLE 12 PUBLIC UTILITIES
SEC. 7. A transportation company may not grant free passes or
discounts to anyone holding an office in this State; and the
acceptance of a pass or discount by a public officer, other than a
Public Utilities Commissioner, shall work a forfeiture of that
office. A Public Utilities Commissioner may not hold an official
relation to nor have a financial interest in a person or corporation
subject to regulation by the commission.
ARTICLE 12 PUBLIC UTILITIES
SEC. 8. A city, county, or other public body may not regulate
matters over which the Legislature grants regulatory power to the
Commission. This section does not affect power over public utilities
relating to the making and enforcement of police, sanitary, and
other regulations concerning municipal affairs pursuant to a city
charter existing on October 10, 1911, unless that power has been
revoked by the city's electors, or the right of any city to grant
franchises for public utilities or other businesses on terms,
conditions, and in the manner prescribed by law.
ARTICLE 12 PUBLIC UTILITIES
SEC. 9. The provisions of this article restate all related
provisions of the Constitution in effect immediately prior to the
effective date of this amendment and make no substantive change.
ARTICLE 13 TAXATION
SEC. 1. 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. When a value standard other than
fair market value is prescribed by this Constitution or by statute
authorized by this Constitution, the same percentage shall be applied
to determine the assessed value. The value to which the percentage
is applied, whether it be the fair market value or not, shall be
known for property tax purposes as the full value.
(b) All property so assessed shall be taxed in proportion to its
full value.
ARTICLE 13 TAXATION
SEC. 2. The Legislature may provide for property taxation of all
forms of tangible personal property, shares of capital stock,
evidences of indebtedness, and any legal or equitable interest
therein not exempt under any other provision of this article. The
Legislature, two-thirds of the membership of each house concurring,
may classify such personal property for differential taxation or for
exemption. The tax on any interest in notes, debentures, shares of
capital stock, bonds, solvent credits, deeds of trust, or mortgages
shall not exceed four-tenths of one percent of full value, and the
tax per dollar of full value shall not be higher on personal property
than on real property in the same taxing jurisdiction.
ARTICLE 13 TAXATION
SEC. 3. The following are exempt from property taxation:
(a) Property owned by the State.
(b) Property owned by a local government, except as otherwise
provided in Section 11(a).
(c) Bonds issued by the State or a local government in the State.
(d) Property used for libraries and museums that are free and open
to the public and property used exclusively for public schools,
community colleges, state colleges, and state universities.
(e) Buildings, land, equipment, and securities used exclusively
for educational purposes by a nonprofit institution of higher
education.
(f) Buildings, land on which they are situated, and equipment used
exclusively for religious worship.
(g) Property used or held exclusively for the permanent deposit of
human dead or for the care and maintenance of the property or the
dead, except when used or held for profit. This property is also
exempt from special assessment.
(h) Growing crops.
(i) Fruit and nut trees until 4 years after the season in which
they were planted in orchard form and grape vines until 3 years after
the season in which they were planted in vineyard form.
(j) Immature forest trees planted on lands not previously bearing
merchantable timber or planted or of natural growth on lands from
which the merchantable original growth timber stand to the extent of
70 percent of all trees over 16 inches in diameter has been removed.
Forest trees or timber shall be considered mature at such time after
40 years from the time of planting or removal of the original timber
when so declared by a majority vote of a board consisting of a
representative from the State Board of Forestry, a representative
from the State Board of Equalization, and the assessor of the county
in which the trees are located.
The Legislature may supersede the foregoing provisions with an
alternative system or systems of taxing or exempting forest trees or
timber, including a taxation system not based on property valuation.
Any alternative system or systems shall provide for exemption of
unharvested immature trees, shall encourage the continued use of
timberlands for the production of trees for timber products, and
shall provide for restricting the use of timberland to the production
of timber products and compatible uses with provisions for taxation
of timberland based on the restrictions. Nothing in this paragraph
shall be construed to exclude timberland from the provisions of
Section 8 of this article.
(k) $7,000 of the full value of a dwelling, as defined by the
Legislature, when occupied by an owner as his principal residence,
unless the dwelling is receiving another real property exemption.
The Legislature may increase this exemption and may deny it if the
owner received state or local aid to pay taxes either in whole or in
part, and either directly or indirectly, on the dwelling.
No increase in this exemption above the amount of $7,000 shall be
effective for any fiscal year unless the Legislature increases the
rate of state taxes in an amount sufficient to provide the
subventions required by Section 25.
If the Legislature increases the homeowners' property tax
exemption, it shall provide increases in benefits to qualified
renters, as defined by law, comparable to the average increase in
benefits to homeowners, as calculated by the Legislature.
(l) Vessels of more than 50 tons burden in this State and engaged
in the transportation of freight or passengers.
(m) Household furnishings and personal effects not held or used in
connection with a trade, profession, or business.
(n) Any debt secured by land.
(o) Property in the amount of $1,000 of a claimant who--
(1) is serving in or has served in and has been discharged under
honorable conditions from service in the United States Army, Navy,
Air Force, Marine Corps, Coast Guard, or Revenue Marine (Revenue
Cutter) Service; and--
(2) served either
(i) in time of war, or
(ii) in time of peace in a campaign or expedition for which a
medal has been issued by Congress, or
(iii) in time of peace and because of a service-connected
disability was released from active duty; and--
(3) resides in the State on the current lien date.
An unmarried person who owns property valued at $5,000 or more, or
a married person, who, together with the spouse, owns property
valued at $10,000 or more, is ineligible for this exemption.
If the claimant is married and does not own property eligible for
the full amount of the exemption, property of the spouse shall be
eligible for the unused balance of the exemption.
(p) Property in the amount of $1,000 of a claimant who--
(1) is the unmarried spouse of a deceased veteran who met the
service requirement stated in paragraphs (1) and (2) of subsection 3
(o), and
(2) does not own property in excess of $10,000, and
(3) is a resident of the State on the current lien date.
(q) Property in the amount of $1,000 of a claimant who--
(1) is the parent of a deceased veteran who met the service
requirement stated in paragraphs (1) and (2) of subsection 3(o), and
(2) receives a pension because of the veteran's service, and
(3) is a resident of the State on the current lien date.
Either parent of a deceased veteran may claim this exemption.
An unmarried person who owns property valued at $5,000 or more, or
a married person, who, together with the spouse, owns property
valued at $10,000 or more, is ineligible for this exemption.
(r) No individual residing in the State on the effective date of
this amendment who would have been eligible for the exemption
provided by the previous section 11/4 of this article had it not been
repealed shall lose eligibility for the exemption as a result of
this amendment.
ARTICLE 13 TAXATION
SEC. 3.5. In any year in which the assessment ratio is changed, the
Legislature shall adjust the valuation of assessable property
described in subdivisions (o), (p) and (q) of Section 3 of this
article to maintain the same proportionate values of such property.
ARTICLE 13 TAXATION
SEC. 4. The Legislature may exempt from property taxation in whole
or in part:
(a) The home of a person or a person's spouse, including an
unmarried surviving spouse, if the person, because of injury incurred
in military service, is blind in both eyes, has lost the use of 2 or
more limbs, or is totally disabled, or if the person has, as a
result of a service-connected injury or disease, died while on active
duty in military service, unless the home is receiving another real
property exemption.
(b) Property used exclusively for religious, hospital, or
charitable purposes and owned or held in trust by corporations or
other entities (1) that are organized and operating for those
purposes, (2) that are nonprofit, and (3) no part of whose net
earnings inures to the benefit of any private shareholder or
individual.
(c) Property owned by the California School of Mechanical Arts,
California Academy of Sciences, or Cogswell Polytechnical College, or
held in trust for the Huntington Library and Art Gallery, or their
successors.
(d) Real property not used for commercial purposes that is
reasonably and necessarily required for parking vehicles of persons
worshipping on land exempt by Section 3(f).
ARTICLE 13 TAXATION
SEC. 5. Exemptions granted or authorized by Sections 3(e), 3(f),
and 4(b) apply to buildings under construction, land required for
their convenient use, and equipment in them if the intended use would
qualify the property for exemption.
ARTICLE 13 TAXATION
SEC. 6. The failure in any year to claim, in a manner required by
the laws in effect at the time the claim is required to be made, an
exemption or classification which reduces a property tax shall be
deemed a waiver of the exemption or classification for that year.
ARTICLE 13 TAXATION
SEC. 7. The Legislature, two-thirds of the membership of each house
concurring, may authorize county boards of supervisors to exempt
real property having a full value so low that, if not exempt, the
total taxes and applicable subventions on the property would amount
to less than the cost of assessing and collecting them.
ARTICLE 13 TAXATION
SEC. 8. To promote the conservation, preservation and continued
existence of open space lands, the Legislature may define open space
land and shall provide that when this land is enforceably restricted,
in a manner specified by the Legislature, to recreation, enjoyment
of scenic beauty, use or conservation of natural resources, or
production of food or fiber, it shall be valued for property tax
purposes only on a basis that is consistent with its restrictions and
uses.
To promote the preservation of property of historical
significance, the Legislature may define such property and shall
provide that when it is enforceably restricted, in a manner specified
by the Legislature, it shall be valued for property tax purposes
only on a basis that is consistent with its restrictions and uses.
ARTICLE 13 TAXATION
SEC. 8.5. The Legislature may provide by law for the manner in
which a person of low or moderate income who is 62 years of age or
older may postpone ad valorem property taxes on the dwelling owned
and occupied by him or her as his or her principal place of
residence. The Legislature may also provide by law for the manner in
which a disabled person may postpone payment of ad valorem property
taxes on the dwelling owned and occupied by him or her as his or her
principal place of residence. The Legislature shall have plenary
power to define all terms in this section.
The Legislature shall provide by law for subventions to counties,
cities and counties, cities and districts in an amount equal to the
amount of revenue lost by each by reason of the postponement of taxes
and for the reimbursement to the State of subventions from the
payment of postponed taxes. Provision shall be made for the
inclusion of reimbursement for the payment of interest on, and any
costs to the State incurred in connection with, the subventions.
ARTICLE 13 TAXATION
SEC. 9. The Legislature may provide for the assessment for taxation
only on the basis of use of a single-family dwelling, as defined by
the Legislature, and so much of the land as is required for its
convenient use and occupation, when the dwelling is occupied by an
owner and located on land zoned exclusively for single-family
dwellings or for agricultural purposes.
ARTICLE 13 TAXATION
SEC. 10. Real property in a parcel of 10 or more acres which, on
the lien date and for 2 or more years immediately preceding, has been
used exclusively for nonprofit golf course purposes shall be
assessed for taxation on the basis of such use, plus any value
attributable to mines, quarries, hydrocarbon substances, or other
minerals in the property or the right to extract hydrocarbons or
other minerals from the property.
ARTICLE 13 TAXATION
SEC. 11. (a) Lands owned by a local government that are outside its
boundaries, including rights to use or divert water from surface or
underground sources and any other interests in lands, are taxable if
(1) they are located in Inyo or Mono County and (a) they were
assessed for taxation to the local government in Inyo County as of
the 1966 lien date, or in Mono County as of the 1967 lien date,
whether or not the assessment was valid when made, or (b) they were
acquired by the local government subsequent to that lien date and
were assessed to a prior owner as of that lien date and each lien
date thereafter, or (2) they are located outside Inyo or Mono County
and were taxable when acquired by the local government. Improvements
owned by a local government that are outside its boundaries are
taxable if they were taxable when acquired or were constructed by the
local government to replace improvements which were taxable when
acquired.
(b) Taxable land belonging to a local government and located in
Inyo County shall be assessed in any year subsequent to 1968 at the
place where it was assessed as of the 1966 lien date and in an amount
derived by multiplying its 1966 assessed value by the ratio of the
statewide per capita assessed value of land as of the last lien date
prior to the current lien date to $766, using civilian population
only. Taxable land belonging to a local government and located in
Mono County shall be assessed in any year subsequent to 1968 at the
place where it was assessed as of the 1967 lien date and in an amount
determined by the preceding formula except that the 1967 lien date,
the 1967 assessed value, and the figure $856 shall be used in the
formula. Taxable land belonging to a local government and located
outside of Inyo and Mono counties shall be assessed at the place
where located and in an amount that does not exceed the lower of (1)
its fair market value times the prevailing percentage of fair market
value at which other lands are assessed and (2) a figure derived in
the manner specified in this Section for land located in Mono County.
If land acquired by a local government after the lien date of the
base year specified in this Section was assessed in the base year as
part of a larger parcel, the assessed value of the part in the base
year shall be that fraction of the assessed value of the larger
parcel that the area of the part is of the area of the larger parcel.
If a local government divests itself of ownership of land without
water rights and this land was assessed in Inyo County as of the 1966
lien date or in Mono County as of the 1967 lien date, the divestment
shall not diminish the quantity of water rights assessable and
taxable at the place where assessed as of that lien date.
(c) In the event the Legislature changes the prevailing percentage
of fair market value at which land is assessed for taxation, there
shall be used in the computations required by Section 11(b) of this
Article, for the first year for which the new percentage is
applicable, in lieu of the statewide per capita assessed value of
land as of the last lien date prior to the current lien date, the
statewide per capita assessed value of land on the prior lien date
times the ratio of the new prevailing percentage of fair market value
to the previous prevailing percentage.
(d) If, after March 1954, a taxable improvement is replaced while
owned by and in possession of a local government, the replacement
improvement shall be assessed, as long as it is owned by a local
government, as other improvements are except that the assessed value
shall not exceed the product of (1) the percentage at which privately
owned improvements are assessed times (2) the highest full value
ever used for taxation of the improvement that has been replaced.
For purposes of this calculation, the full value for any year prior
to 1967 shall be conclusively presumed to be 4 times the assessed
value in that year.
(e) No tax, charge, assessment, or levy of any character, other
than those taxes authorized by Sections 11(a) to 11(d), inclusive, of
this Article, shall be imposed upon one local government by another
local government that is based or calculated upon the consumption or
use of water outside the boundaries of the government imposing it.
(f) Any taxable interest of any character, other than a lease for
agricultural purposes and an interest of a local government, in any
land owned by a local government that is subject to taxation pursuant
to Section 11(a) of this Article shall be taxed in the same manner
as other taxable interests. The aggregate value of all the interests
subject to taxation pursuant to Section 11(a), however, shall not
exceed the value of all interests in the land less the taxable value
of the interest of any local government ascertained as provided in
Sections 11(a) to 11(e), inclusive, of this Article.
(g) Any assessment made pursuant to Section 11(a) to 11(d),
inclusive, of this Article shall be subject to review, equalization,
and adjustment by the State Board of Equalization, but an adjustment
shall conform to the provisions of these Sections.
ARTICLE 13 TAXATION
SEC. 12. (a) Except as provided in subdivision (b), taxes on
personal property, possessory interest in land, and taxable
improvements located on land exempt from taxation which are not a
lien upon land sufficient in value to secure their payment shall be
levied at the rates for the preceding tax year upon property of the
same kind where the taxes were a lien upon land sufficient in value
to secure their payment.
(b) In any year in which the assessment ratio is changed, the
Legislature shall adjust the rate described in subdivision (a) to
maintain equality between property on the secured and unsecured
rolls.
ARTICLE 13 TAXATION
SEC. 13. Land and improvements shall be separately assessed.
ARTICLE 13 TAXATION
SEC. 14. All property taxed by local government shall be assessed
in the county, city, and district in which it is situated.
ARTICLE 13 TAXATION
SEC. 15. The Legislature may authorize local government to provide
for the assessment or reassessment of taxable property physically
damaged or destroyed after the lien date to which the assessment or
reassessment relates.
ARTICLE 13 TAXATION
SEC. 16. The county board of supervisors, or one or more assessment
appeals boards created by the county board of supervisors, shall
constitute the county board of equalization for a county. Two or
more county boards of supervisors may jointly create one or more
assessment appeals boards which shall constitute the county board of
equalization for each of the participating counties.
Except as provided in subdivision (g) of Section 11, the county
board of equalization, under such rules of notice as the county board
may prescribe, shall equalize the values of all property on the
local assessment roll by adjusting individual assessments.
County boards of supervisors shall fix the compensation for
members of assessment appeals boards, furnish clerical and other
assistance for those boards, adopt rules of notice and procedures for
those boards as may be required to facilitate their work and to
insure uniformity in the processing and decision of equalization
petitions, and may provide for their discontinuance.
The Legislature shall provide for: (a) the number and
qualifications of members of assessment appeals boards, the manner of
selecting, appointing, and removing them, and the terms for which
they serve, and (b) the procedure by which two or more county boards
of supervisors may jointly create one or more assessment appeals
boards.
ARTICLE 13 TAXATION
SEC. 17. The Board of Equalization consists of 5 voting members:
the Controller and 4 members elected for 4-year terms at
gubernatorial elections. The State shall be divided into four Board
of Equalization districts with the voters of each district electing
one member. No member may serve more than 2 terms.
ARTICLE 13 TAXATION
SEC. 18. The Board shall measure county assessment levels annually
and shall bring those levels into conformity by adjusting entire
secured local assessment rolls. In the event a property tax is
levied by the State, however, the effects of unequalized local
assessment levels, to the extent any remain after such adjustments,
shall be corrected for purposes of distributing this tax by
equalizing the assessment levels of locally and state-assessed
properties and varying the rate of the state tax inversely with the
counties' respective assessment levels.
ARTICLE 13 TAXATION
SEC. 19. The Board shall annually assess (1) pipelines, flumes,
canals, ditches, and aqueducts lying within 2 or more counties and
(2) property, except franchises, owned or used by regulated railway,
telegraph, or telephone companies, car companies operating on
railways in the State, and companies transmitting or selling gas or
electricity. This property shall be subject to taxation to the same
extent and in the same manner as other property.
No other tax or license charge may be imposed on these companies
which differs from that imposed on mercantile, manufacturing, and
other business corporations. This restriction does not release a
utility company from payments agreed on or required by law for a
special privilege or franchise granted by a government body.
The Legislature may authorize Board assessment of property owned
or used by other public utilities.
The Board may delegate to a local assessor the duty to assess a
property used but not owned by a state assessee on which the taxes
are to be paid by a local assessee.
ARTICLE 13 TAXATION
SEC. 20. The Legislature may provide maximum property tax rates and
bonding limits for local governments.
ARTICLE 13 TAXATION
SEC. 21. Within such limits as may be provided under Section 20 of
this Article, the Legislature shall provide for an annual levy by
county governing bodies of school district taxes sufficient to
produce annual revenues for each district that the district's board
determines are required for its schools and district functions.
ARTICLE 13 TAXATION
SEC. 22. Not more than 25 percent of the total appropriations from
all funds of the State shall be raised by means of taxes on real and
personal property according to the value thereof.
ARTICLE 13 TAXATION
SEC. 23. If state boundaries change, the Legislature shall
determine how property affected shall be taxed.
ARTICLE 13 TAXATION
SEC. 24. The Legislature may not impose taxes for local purposes
but may authorize local governments to impose them.
Money appropriated from state funds to a local government for its
local purposes may be used as provided by law.
Money subvened to a local government under Section 25 may be used
for state or local purposes.
ARTICLE 13 TAXATION
SEC. 25. The Legislature shall provide, in the same fiscal year,
reimbursements to each local government for revenue lost because of
Section 3(k).
ARTICLE 13 TAXATION
SEC. 26. (a) Taxes on or measured by income may be imposed on
persons, corporations, or other entities as prescribed by law.
(b) Interest on bonds issued by the State or a local government in
the State is exempt from taxes on income.
(c) Income of a nonprofit educational institution of collegiate
grade within the State of California is exempt from taxes on or
measured by income if both of the following conditions are met:
(1) The income is not unrelated business income as defined by the
Legislature.
(2) The income is used exclusively for educational purposes.
(d) A nonprofit organization that is exempted from taxation by
Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of
the Revenue and Taxation Code or Subchapter F (commencing with
Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code
of 1986, or the successor of either, is exempt from any business
license tax or fee measured by income or gross receipts that is
levied by a county or city, whether charter or general law, a city
and county, a school district, a special district, or any other local
agency.
ARTICLE 13 TAXATION
SEC. 27. The Legislature, a majority of the membership of each
house concurring, may tax corporations, including state and national
banks, and their franchises by any method not prohibited by this
Constitution or the Constitution or laws of the United States.
Unless otherwise provided by the Legislature, the tax on state and
national banks shall be according to or measured by their net income
and shall be in lieu of all other taxes and license fees upon banks
or their shares, except taxes upon real property and vehicle
registration and license fees.
ARTICLE 13 TAXATION
SEC. 28. (a) "Insurer," as used in this section, includes insurance
companies or associations and reciprocal or interinsurance exchanges
together with their corporate or other attorneys in fact considered
as a single unit, and the State Compensation Insurance Fund. As used
in this paragraph, "companies" includes persons, partnerships, joint
stock associations, companies and corporations.
(b) An annual tax is hereby imposed on each insurer doing business
in this State on the base, at the rates, and subject to the
deductions from the tax hereinafter specified.
(c) In the case of an insurer not transacting title insurance in
this State, the "basis of the annual tax" is, in respect to each
year, the amount of gross premiums, less return premiums, received in
such year by such insurer upon its business done in this State,
other than premiums received for reinsurance and for ocean marine
insurance.
In the case of an insurer transacting title insurance in this
State, the "basis of the annual tax" is, in respect to each year, all
income upon business done in this State, except:
(1) Interest and dividends.
(2) Rents from real property.
(3) Profits from the sale or other disposition of investments.
(4) Income from investments.
"Investments" as used in this subdivision includes property
acquired by such insurer in the settlement or adjustment of claims
against it but excludes investments in title plants and title
records. Income derived directly or indirectly from the use of title
plants and title records is included in the basis of the annual tax.
In the case of an insurer transacting title insurance in this
State which has a trust department and does a trust business under
the banking laws of this State, there shall be excluded from the
basis of the annual tax imposed by this section, the income of, and
from the assets of, such trust department and such trust business, if
such income is taxed by this State or included in the measure of any
tax imposed by this State.
(d) The rate of the tax to be applied to the basis of the annual
tax in respect to each year is 2.35 percent.
(f) The tax imposed on insurers by this section is in lieu of all
other taxes and licenses, state, county, and municipal, upon such
insurers and their property, except:
(1) Taxes upon their real estate.
(2) That an insurer transacting title insurance in this State
which has a trust department or does a trust business under the
banking laws of this State is subject to taxation with respect to
such trust department or trust business to the same extent and in the
same manner as trust companies and the trust departments of banks
doing business in this State.
(3) When by or pursuant to the laws of any other state or foreign
country any taxes, licenses and other fees, in the aggregate, and any
fines, penalties, deposit requirements or other material
obligations, prohibitions or restrictions are or would be imposed
upon California insurers, or upon the agents or representatives of
such insurers, which are in excess of such taxes, licenses and other
fees, in the aggregate, or which are in excess of the fines,
penalties, deposit requirements or other obligations, prohibitions,
or restrictions directly imposed upon similar insurers, or upon the
agents or representatives of such insurers, of such other state or
country under the statutes of this State; so long as such laws of
such other state or country continue in force or are so applied, the
same taxes, licenses and other fees, in the aggregate, or fines,
penalties or deposit requirements or other material obligations,
prohibitions, or restrictions, of whatever kind shall be imposed upon
the insurers, or upon the agents or representatives of such
insurers, of such other state or country doing business or seeking to
do business in California. Any tax, license or other fee or other
obligation imposed by any city, county, or other political
subdivision or agency of such other state or country on California
insurers or their agents or representatives shall be deemed to be
imposed by such state or country within the meaning of this paragraph
(3) of subdivision (f).
The provisions of this paragraph (3) of subdivision (f) shall not
apply as to personal income taxes, nor as to ad valorem taxes on real
or personal property nor as to special purpose obligations or
assessments heretofore imposed by another state or foreign country in
connection with particular kinds of insurance, other than property
insurance; except that deductions, from premium taxes or other taxes
otherwise payable, allowed on account of real estate or personal
property taxes paid shall be taken into consideration in determining
the propriety and extent of retaliatory action under this paragraph
(3) of subdivision (f).
For the purposes of this paragraph (3) of subdivision (f) the
domicile of an alien insurer, other than insurers formed under the
laws of Canada, shall be that state in which is located its principal
place of business in the United States.
In the case of an insurer formed under the laws of Canada or a
province thereof, its domicile shall be deemed to be that province in
which its head office is situated.
The provisions of this paragraph (3) of subdivision (f) shall also
be applicable to reciprocals or interinsurance exchanges and
fraternal benefit societies.
(4) The tax on ocean marine insurance.
(5) Motor vehicle and other vehicle registration license fees and
any other tax or license fee imposed by the State upon vehicles,
motor vehicles or the operation thereof.
(6) That each corporate or other attorney in fact of a reciprocal
or interinsurance exchange shall be subject to all taxes imposed upon
corporations or others doing business in the State, other than taxes
on income derived from its principal business as attorney in fact.
A corporate or other attorney in fact of each exchange shall
annually compute the amount of tax that would be payable by it under
prevailing law except for the provisions of this section, and any
management fee due from each exchange to its corporate or other
attorney in fact shall be reduced pro tanto by a sum equivalent to
the amount so computed.
(g) Every insurer transacting the business of ocean marine
insurance in this State shall annually pay to the State a tax
measured by that proportion of the underwriting profit of such
insurer from such insurance written in the United States, which the
gross premiums of the insurer from such insurance written in this
State bear to the gross premiums of the insurer from such insurance
written within the United States, at the rate of 5 per centum, which
tax shall be in lieu of all other taxes and licenses, state, county
and municipal, upon such insurer, except taxes upon real estate, and
such other taxes as may be assessed or levied against such insurer on
account of any other class of insurance written by it. The
Legislature shall define the terms "ocean marine insurance" and
"underwriting profit," and shall provide for the assessment, levy,
collection and enforcement of the ocean marine tax.
(h) The taxes provided for by this section shall be assessed by
the State Board of Equalization.
(i) The Legislature, a majority of all the members elected to each
of the two houses voting in favor thereof, may by law change the
rate or rates of taxes herein imposed upon insurers.
(j) This section is not intended to and does not change the law as
it has previously existed with respect to the meaning of the words
"gross premiums, less return premiums, received" as used in this
article.
ARTICLE 13 TAXATION
SEC. 29. (a) The Legislature may authorize counties, cities and
counties, and cities to enter into contracts to apportion between
them the revenue derived from any sales or use tax imposed by them
that is collected for them by the State. Before the contract becomes
operative, it shall be authorized by a majority of those voting on
the question in each jurisdiction at a general or direct primary
election.
(b) Notwithstanding subdivision (a), on and after the operative
date of this subdivision, counties, cities and counties, and cities
may enter into contracts to apportion between them the revenue
derived from any sales or use tax imposed by them pursuant to the
Bradley-Burns Uniform Local Sales and Use Tax Law, or any successor
provisions, that is collected for them by the State, if the ordinance
or resolution proposing each contract is approved by a two-thirds
vote of the governing body of each jurisdiction that is a party to
the contract.
ARTICLE 13 TAXATION
SEC. 30. Every tax shall be conclusively presumed to have been paid
after 30 years from the time it became a lien unless the property
subject to the lien has been sold in the manner provided by the
Legislature for the payment of the tax.
ARTICLE 13 TAXATION
SEC. 31. The power to tax may not be surrendered or suspended by
grant or contract.
ARTICLE 13 TAXATION
SEC. 32. No legal or equitable process shall issue in any
proceeding in any court against this State or any officer thereof to
prevent or enjoin the collection of any tax. After payment of a tax
claimed to be illegal, an action may be maintained to recover the tax
paid, with interest, in such manner as may be provided by the
Legislature.
ARTICLE 13 TAXATION
SEC. 33. The Legislature shall pass all laws necessary to carry out
the provisions of this article.
ARTICLE 13 TAXATION
SEC. 34. Neither the State of California nor any of its political
subdivisions shall levy or collect a sales or use tax on the sale of,
or the storage, use or other consumption in this State of food
products for human consumption except as provided by statute as of
the effective date of this section.
ARTICLE 13 TAXATION
SEC. 35. (a) The people of the State of California find and declare
all of the following:
(1) Public safety services are critically important to the
security and well-being of the State's citizens and to the growth and
revitalization of the State's economic base.
(2) The protection of the public safety is the first
responsibility of local government and local officials have an
obligation to give priority to the provision of adequate public
safety services.
(3) In order to assist local government in maintaining a
sufficient level of public safety services, the proceeds of the tax
enacted pursuant to this section shall be designated exclusively for
public safety.
(b) In addition to any sales and use taxes imposed by the
Legislature, the following sales and use taxes are hereby imposed:
(1) For the privilege of selling tangible personal property at
retail, a tax is hereby imposed upon all retailers at the rate of 1/2
percent of the gross receipts of any retailer from the sale of all
tangible personal property sold at retail in this State on and after
January 1, 1994.
(2) An excise tax is hereby imposed on the storage, use, or other
consumption in this State of tangible personal property purchased
from any retailer on and after January 1, 1994, for storage, use, or
other consumption in this State at the rate of 1/2 percent of the
sales price of the property.
(c) The Sales and Use Tax Law, including any amendments made
thereto on or after the effective date of this section, shall be
applicable to the taxes imposed by subdivision (b).
(d) (1) All revenues, less refunds, derived from the taxes imposed
pursuant to subdivision (b) shall be transferred to the Local Public
Safety Fund for allocation by the Legislature, as prescribed by
statute, to counties in which either of the following occurs:
(A) The board of supervisors, by a majority vote of its
membership, requests an allocation from the Local Public Safety Fund
in a manner prescribed by statute.
(B) A majority of the county's voters voting thereon approve the
addition of this section.
(2) Moneys in the Local Public Safety Fund shall be allocated for
use exclusively for public safety services of local agencies.
(e) Revenues derived from the taxes imposed pursuant to
subdivision (b) shall not be considered proceeds of taxes for
purposes of Article XIIIB or State General Fund proceeds of taxes
within the meaning of Article XVI.
(f) Except for the provisions of Section 34, this section shall
supersede any other provisions of this Constitution that are in
conflict with the provisions of this section, including, but not
limited to, Section 9 of Article II.
ARTICLE 13A (TAX LIMITATION)
SECTION 1. (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. The one percent (1%) tax to be collected by the
counties and apportioned according to law to the districts within the
counties.
(b) The limitation provided for in subdivision (a) shall not apply
to ad valorem taxes or special assessments to pay the interest and
redemption charges on any of the following:
(1) Indebtedness approved by the voters prior to July 1, 1978.
(2) Bonded indebtedness for the acquisition or improvement of real
property approved on or after July 1, 1978, by two-thirds of the
votes cast by the voters voting on the proposition.
(3) Bonded indebtedness incurred by a school district, community
college district, or county office of education for the construction,
reconstruction, rehabilitation, or replacement of school facilities,
including the furnishing and equipping of school facilities, or the
acquisition or lease of real property for school facilities, approved
by 55 percent of the voters of the district or county, as
appropriate, voting on the proposition on or after the effective date
of the measure adding this paragraph. This paragraph shall apply
only if the proposition approved by the voters and resulting in the
bonded indebtedness includes all of the following accountability
requirements:
(A) A requirement that the proceeds from the sale of the bonds be
used only for the purposes specified in Article XIIIA, Section 1(b)
(3), and not for any other purpose, including teacher and
administrator salaries and other school operating expenses.
(B) A list of the specific school facilities projects to be funded
and certification that the school district board, community college
board, or county office of education has evaluated safety, class size
reduction, and information technology needs in developing that list.
(C) A requirement that the school district board, community
college board, or county office of education conduct an annual,
independent performance audit to ensure that the funds have been
expended only on the specific projects listed.
(D) A requirement that the school district board, community
college board, or county office of education conduct an annual,
independent financial audit of the proceeds from the sale of the
bonds until all of those proceeds have been expended for the school
facilities projects.
(c) Notwithstanding any other provisions of law or of this
Constitution, school districts, community college districts, and
county offices of education may levy a 55 percent vote ad valorem tax
pursuant to subdivision (b).
ARTICLE 13A (TAX LIMITATION)
SEC. 2. (a) The "full cash value" means the county assessor's
valuation of real property as shown on the 1975-76 tax bill under
"full cash value" or, thereafter, the appraised value of real
property when purchased, newly constructed, or a change in ownership
has occurred after the 1975 assessment. All real property not
already assessed up to the 1975-76 full cash value may be reassessed
to reflect that valuation. For purposes of this section, "newly
constructed" does not include real property that is reconstructed
after a disaster, as declared by the Governor, where the fair market
value of the real property, as reconstructed, is comparable to its
fair market value prior to the disaster. Also, the term "newly
constructed" shall not include the portion of reconstruction or
improvement to a structure, constructed of unreinforced masonry
bearing wall construction, necessary to comply with any local
ordinance relating to seismic safety during the first 15 years
following that reconstruction or improvement.
However, the Legislature may provide that under appropriate
circumstances and pursuant to definitions and procedures established
by the Legislature, any person over the age of 55 years who resides
in property that is eligible for the homeowner's exemption under
subdivision (k) of Section 3 of Article XIII and any implementing
legislation may transfer the base year value of the property entitled
to exemption, with the adjustments authorized by subdivision (b), to
any replacement dwelling of equal or lesser value located within the
same county and purchased or newly constructed by that person as his
or her principal residence within two years of the sale of the
original property. For purposes of this section, "any person over
the age of 55 years" includes a married couple one member of which is
over the age of 55 years. For purposes of this section,
"replacement dwelling" means a building, structure, or other shelter
constituting a place of abode, whether real property or personal
property, and any land on which it may be situated. For purposes of
this section, a two-dwelling unit shall be considered as two separate
single-family dwellings. This paragraph shall apply to any
replacement dwelling that was purchased or newly constructed on or
after November 5, 1986.
In addition, the Legislature may authorize each county board of
supervisors, after consultation with the local affected agencies
within the county's boundaries, to adopt an ordinance making the
provisions of this subdivision relating to transfer of base year
value also applicable to situations in which the replacement
dwellings are located in that county and the original properties are
located in another county within this State. For purposes of this
paragraph, "local affected agency" means any city, special district,
school district, or community college district that receives an
annual property tax revenue allocation. This paragraph shall apply
to any replacement dwelling that was purchased or newly constructed
on or after the date the county adopted the provisions of this
subdivision relating to transfer of base year value, but shall not
apply to any replacement dwelling that was purchased or newly
constructed before November 9, 1988.
The Legislature may extend the provisions of this subdivision
relating to the transfer of base year values from original properties
to replacement dwellings of homeowners over the age of 55 years to
severely disabled homeowners, but only with respect to those
replacement dwellings purchased or newly constructed on or after the
effective date of this paragraph.
(b) The full cash value base may reflect from year to year the
inflationary rate not to exceed 2 percent for any given year or
reduction as shown in the consumer price index or comparable data for
the area under taxing jurisdiction, or may be reduced to reflect
substantial damage, destruction or other factors causing a decline in
value.
(c) For purposes of subdivision (a), the Legislature may provide
that the term "newly constructed" does not include any of the
following:
(1) The construction or addition of any active solar energy
system.
(2) The construction or installation of any fire sprinkler system,
other fire extinguishing system, fire detection system, or
fire-related egress improvement, as defined by the Legislature, that
is constructed or installed after the effective date of this
paragraph.
(3) The construction, installation, or modification on or after
the effective date of this paragraph of any portion or structural
component of a single- or multiple-family dwelling that is eligible
for the homeowner's exemption if the construction, installation, or
modification is for the purpose of making the dwelling more
accessible to a severely disabled person.
(4) The construction or installation of seismic retrofitting
improvements or improvements utilizing earthquake hazard mitigation
technologies, that are constructed or installed in existing buildings
after the effective date of this paragraph. The Legislature shall
define eligible improvements. This exclusion does not apply to
seismic safety reconstruction or improvements that qualify for
exclusion pursuant to the last sentence of the first paragraph of
subdivision (a).
(5) The construction, installation, removal, or modification on or
after the effective date of this paragraph of any portion or
structural component of an existing building or structure if the
construction, installation, removal, or modification is for the
purpose of making the building more accessible to, or more usable by,
a disabled person.
(d) For purposes of this section, the term "change in ownership"
does not include the acquisition of real property as a replacement
for comparable property if the person acquiring the real property has
been displaced from the property replaced by eminent domain
proceedings, by acquisition by a public entity, or governmental
action that has resulted in a judgment of inverse condemnation. The
real property acquired shall be deemed comparable to the property
replaced if it is similar in size, utility, and function, or if it
conforms to state regulations defined by the Legislature governing
the relocation of persons displaced by governmental actions. The
provisions of this subdivision shall be applied to any property
acquired after March 1, 1975, but shall affect only those assessments
of that property that occur after the provisions of this subdivision
take effect.
(e) (1) Notwithstanding any other provision of this section, the
Legislature shall provide that the base year value of property that
is substantially damaged or destroyed by a disaster, as declared by
the Governor, may be transferred to comparable property within the
same county that is acquired or newly constructed as a replacement
for the substantially damaged or destroyed property.
(2) Except as provided in paragraph (3), this subdivision shall
apply to any comparable replacement property acquired or newly
constructed on or after July 1, 1985, and to the determination of
base year values for the 1985-86 fiscal year and fiscal years
thereafter.
(3) In addition to the transfer of base year value of property
within the same county that is permitted by paragraph (1), the
Legislature may authorize each county board of supervisors to adopt,
after consultation with affected local agencies within the county, an
ordinance allowing the transfer of the base year value of property
that is located within another county in the State and is
substantially damaged or destroyed by a disaster, as declared by the
Governor, to comparable replacement property of equal or lesser value
that is located within the adopting county and is acquired or newly
constructed within three years of the substantial damage or
destruction of the original property as a replacement for that
property. The scope and amount of the benefit provided to a property
owner by the transfer of base year value of property pursuant to
this paragraph shall not exceed the scope and amount of the benefit
provided to a property owner by the transfer of base year value of
property pursuant to subdivision (a). For purposes of this
paragraph, "affected local agency" means any city, special district,
school district, or community college district that receives an
annual allocation of ad valorem property tax revenues. This
paragraph shall apply to any comparable replacement property that is
acquired or newly constructed as a replacement for property
substantially damaged or destroyed by a disaster, as declared by the
Governor, occurring on or after October 20, 1991, and to the
determination of base year values for the 1991-92 fiscal year and
fiscal years thereafter.
(f) For the purposes of subdivision (e):
(1) Property is substantially damaged or destroyed if it sustains
physical damage amounting to more than 50 percent of its value
immediately before the disaster. Damage includes a diminution in the
value of property as a result of restricted access caused by the
disaster.
(2) Replacement property is comparable to the property
substantially damaged or destroyed if it is similar in size, utility,
and function to the property that it replaces, and if the fair
market value of the acquired property is comparable to the fair
market value of the replaced property prior to the disaster.
(g) For purposes of subdivision (a), the terms "purchased" and
"change in ownership" do not include the purchase or transfer of real
property between spouses since March 1, 1975, including, but not
limited to, all of the following:
(1) Transfers to a trustee for the beneficial use of a spouse, or
the surviving spouse of a deceased transferor, or by a trustee of
such a trust to the spouse of the trustor.
(2) Transfers to a spouse that take effect upon the death of a
spouse.
(3) Transfers to a spouse or former spouse in connection with a
property settlement agreement or decree of dissolution of a marriage
or legal separation.
(4) The creation, transfer, or termination, solely between
spouses, of any coowner's interest.
(5) The distribution of a legal entity's property to a spouse or
former spouse in exchange for the interest of the spouse in the legal
entity in connection with a property settlement agreement or a
decree of dissolution of a marriage or legal separation.
(h) (1) For purposes of subdivision (a), the terms "purchased" and
"change in ownership" do not include the purchase or transfer of the
principal residence of the transferor in the case of a purchase or
transfer between parents and their children, as defined by the
Legislature, and the purchase or transfer of the first one million
dollars ($1,000,000) of the full cash value of all other real
property between parents and their children, as defined by the
Legislature. This subdivision shall apply to both voluntary
transfers and transfers resulting from a court order or judicial
decree.
(2) (A) Subject to subparagraph (B), commencing with purchases or
transfers that occur on or after the date upon which the measure
adding this paragraph becomes effective, the exclusion established by
paragraph (1) also applies to a purchase or transfer of real
property between grandparents and their grandchild or grandchildren,
as defined by the Legislature, that otherwise qualifies under
paragraph (1), if all of the parents of that grandchild or those
grandchildren, who qualify as the children of the grandparents, are
deceased as of the date of the purchase or transfer.
(B) A purchase or transfer of a principal residence shall not be
excluded pursuant to subparagraph (A) if the transferee grandchild or
grandchildren also received a principal residence, or interest
therein, through another purchase or transfer that was excludable
pursuant to paragraph (1). The full cash value of any real property,
other than a principal residence, that was transferred to the
grandchild or grandchildren pursuant to a purchase or transfer that
was excludable pursuant to paragraph (1), and the full cash value of
a principal residence that fails to qualify for exclusion as a result
of the preceding sentence, shall be included in applying, for
purposes of subparagraph (A), the one million dollar ($1,000,000)
full cash value limit specified in paragraph (1).
(i) (1) Notwithstanding any other provision of this section, the
Legislature shall provide with respect to a qualified contaminated
property, as defined in paragraph (2), that either, but not both, of
the following shall apply:
(A) (i) Subject to the limitation of clause (ii), the base year
value of the qualified contaminated property, as adjusted as
authorized by subdivision (b), may be transferred to a replacement
property that is acquired or newly constructed as a replacement for
the qualified contaminated property, if the replacement real property
has a fair market value that is equal to or less than the fair
market value of the qualified contaminated property if that property
were not contaminated and, except as otherwise provided by this
clause, is located within the same county. The base year value of
the qualified contaminated property may be transferred to a
replacement real property located within another county if the board
of supervisors of that other county has, after consultation with the
affected local agencies within that county, adopted a resolution
authorizing an intercounty transfer of base year value as so
described.
(ii) This subparagraph applies only to replacement property that
is acquired or newly constructed within five years after ownership in
the qualified contaminated property is sold or otherwise
transferred.
(B) In the case in which the remediation of the environmental
problems on the qualified contaminated property requires the
destruction of, or results in substantial damage to, a structure
located on that property, the term "new construction" does not
include the repair of a substantially damaged structure, or the
construction of a structure replacing a destroyed structure on the
qualified contaminated property, performed after the remediation of
the environmental problems on that property, provided that the
repaired or replacement structure is similar in size, utility, and
function to the original structure.
(2) For purposes of this subdivision, "qualified contaminated
property" means residential or nonresidential real property that is
all of the following:
(A) In the case of residential real property, rendered
uninhabitable, and in the case of nonresidential real property,
rendered unusable, as the result of either environmental problems, in
the nature of and including, but not limited to, the presence of
toxic or hazardous materials, or the remediation of those
environmental problems, except where the existence of the
environmental problems was known to the owner, or to a related
individual or entity as described in paragraph (3), at the time the
real property was acquired or constructed. For purposes of this
subparagraph, residential real property is "uninhabitable" if that
property, as a result of health hazards caused by or associated with
the environmental problems, is unfit for human habitation, and
nonresidential real property is "unusable" if that property, as a
result of health hazards caused by or associated with the
environmental problems, is unhealthy and unsuitable for occupancy.
(B) Located on a site that has been designated as a toxic or
environmental hazard or as an environmental cleanup site by an agency
of the State of California or the federal government.
(C) Real property that contains a structure or structures thereon
prior to the completion of environmental cleanup activities, and that
structure or structures are substantially damaged or destroyed as a
result of those environmental cleanup activities.
(D) Stipulated by the lead governmental agency, with respect to
the environmental problems or environmental cleanup of the real
property, not to have been rendered uninhabitable or unusable, as
applicable, as described in subparagraph (A), by any act or omission
in which an owner of that real property participated or acquiesced.
(3) It shall be rebuttably presumed that an owner of the real
property participated or acquiesced in any act or omission that
rendered the real property uninhabitable or unusable, as applicable,
if that owner is related to any individual or entity that committed
that act or omission in any of the following ways:
(A) Is a spouse, parent, child, grandparent, grandchild, or
sibling of that individual.
(B) Is a corporate parent, subsidiary, or affiliate of that
entity.
(C) Is an owner of, or has control of, that entity.
(D) Is owned or controlled by that entity.
If this presumption is not overcome, the owner shall not receive
the relief provided for in subparagraph (A) or (B) of paragraph (1).
The presumption may be overcome by presentation of satisfactory
evidence to the assessor, who shall not be bound by the findings of
the lead governmental agency in determining whether the presumption
has been overcome.
(4) This subdivision applies only to replacement property that is
acquired or constructed on or after January 1, 1995, and to property
repairs performed on or after that date.
(j) Unless specifically provided otherwise, amendments to this
section adopted prior to November 1, 1988, shall be effective for
changes in ownership that occur, and new construction that is
completed, after the effective date of the amendment. Unless
specifically provided otherwise, amendments to this section adopted
after November 1, 1988, shall be effective for changes in ownership
that occur, and new construction that is completed, on or after the
effective date of the amendment.
ARTICLE 13A (TAX LIMITATION)
Section 3. From and after the effective date of this article, any
changes in state taxes enacted for the purpose of increasing revenues
collected pursuant thereto whether by increased rates or changes in
methods of computation must be imposed by an Act passed by not less
than two-thirds of all members elected to each of the two houses of
the Legislature, except that no new ad valorem taxes on real
property, or sales or transaction taxes on the sales of real property
may be imposed.
ARTICLE 13A (TAX LIMITATION)
Section 4. Cities, Counties and special districts, by a two-thirds
vote of the qualified electors of such district, may impose special
taxes on such district, except ad valorem taxes on real property or a
transaction tax or sales tax on the sale of real property within
such City, County or special district.
ARTICLE 13A (TAX LIMITATION)
Section 5. This article shall take effect for the tax year
beginning on July 1 following the passage of this Amendment, except
Section 3 which shall become effective upon the passage of this
article.
ARTICLE 13A (TAX LIMITATION)
Section 6. If any section, part, clause, or phrase hereof is for
any reason held to be invalid or unconstitutional, the remaining
sections shall not be affected but will remain in full force and
effect.
ARTICLE 13A (TAX LIMITATION)
SEC. 7. Section 3 of this article does not apply to the California
Children and Families First Act of 1998.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
ARTICLE 13B GOVERNMENT SPENDING LIMITATION
SEC. 10. This Article shall be effective commencing with the first
day of the fiscal year following its adoption.
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.
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.
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.
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.
ARTICLE 13C (VOTER APPROVAL FOR LOCAL TAX LEVIES)
SECTION 1. Definitions. As used in this article:
(a) "General tax" means any tax imposed for general governmental
purposes.
(b) "Local government" means any county, city, city and county,
including a charter city or county, any special district, or any
other local or regional governmental entity.
(c) "Special district" means an agency of the State, formed
pursuant to general law or a special act, for the local performance
of governmental or proprietary functions with limited geographic
boundaries including, but not limited to, school districts and
redevelopment agencies.
(d) "Special tax" means any tax imposed for specific purposes,
including a tax imposed for specific purposes, which is placed into a
general fund.
ARTICLE 13C (VOTER APPROVAL FOR LOCAL TAX LEVIES)
SEC. 2. Local Government Tax Limitation. Notwithstanding any other
provision of this Constitution:
(a) All taxes imposed by any local government shall be deemed to
be either general taxes or special taxes. Special purpose districts
or agencies, including school districts, shall have no power to levy
general taxes.
(b) No local government may impose, extend, or increase any
general tax unless and until that tax is submitted to the electorate
and approved by a majority vote. A general tax shall not be deemed
to have been increased if it is imposed at a rate not higher than the
maximum rate so approved. The election required by this subdivision
shall be consolidated with a regularly scheduled general election
for members of the governing body of the local government, except in
cases of emergency declared by a unanimous vote of the governing
body.
(c) Any general tax imposed, extended, or increased, without voter
approval, by any local government on or after January 1, 1995, and
prior to the effective date of this article, shall continue to be
imposed only if approved by a majority vote of the voters voting in
an election on the issue of the imposition, which election shall be
held within two years of the effective date of this article and in
compliance with subdivision (b).
(d) No local government may impose, extend, or increase any
special tax unless and until that tax is submitted to the electorate
and approved by a two-thirds vote. A special tax shall not be deemed
to have been increased if it is imposed at a rate not higher than
the maximum rate so approved.
ARTICLE 13C (VOTER APPROVAL FOR LOCAL TAX LEVIES)
SEC. 3. Initiative Power for Local Taxes, Assessments, Fees and
Charges. Notwithstanding any other provision of this Constitution,
including, but not limited to, Sections 8 and 9 of Article II, the
initiative power shall not be prohibited or otherwise limited in
matters of reducing or repealing any local tax, assessment, fee or
charge. The power of initiative to affect local taxes, assessments,
fees and charges shall be applicable to all local governments and
neither the Legislature nor any local government charter shall impose
a signature requirement higher than that applicable to statewide
statutory initiatives.
ARTICLE 13D (ASSESSMENT AND PROPERTY-RELATED FEE REFORM)
SECTION 1. Application. Notwithstanding any other provision of
law, the provisions of this article shall apply to all assessments,
fees and charges, whether imposed pursuant to state statute or local
government charter authority. Nothing in this article or Article
XIIIC shall be construed to:
(a) Provide any new authority to any agency to impose a tax,
assessment, fee, or charge.
(b) Affect existing laws relating to the imposition of fees or
charges as a condition of property development.
(c) Affect existing laws relating to the imposition of timber
yield taxes.
ARTICLE 13D (ASSESSMENT AND PROPERTY-RELATED FEE REFORM)
SEC. 2. Definitions. As used in this article:
(a) "Agency" means any local government as defined in subdivision
(b) of Section 1 of Article XIIIC.
(b) "Assessment" means any levy or charge upon real property by an
agency for a special benefit conferred upon the real property.
"Assessment" includes, but is not limited to, "special assessment,"
"benefit assessment," "maintenance assessment" and "special
assessment tax."
(c) "Capital cost" means the cost of acquisition, installation,
construction, reconstruction, or replacement of a permanent public
improvement by an agency.
(d) "District" means an area determined by an agency to contain
all parcels which will receive a special benefit from a proposed
public improvement or property-related service.
(e) "Fee" or "charge" means any levy other than an ad valorem tax,
a special tax, or an assessment, imposed by an agency upon a parcel
or upon a person as an incident of property ownership, including a
user fee or charge for a property related service.
(f) "Maintenance and operation expenses" means the cost of rent,
repair, replacement, rehabilitation, fuel, power, electrical current,
care, and supervision necessary to properly operate and maintain a
permanent public improvement.
(g) "Property ownership" shall be deemed to include tenancies of
real property where tenants are directly liable to pay the
assessment, fee, or charge in question.
(h) "Property-related service" means a public service having a
direct relationship to property ownership.
(i) "Special benefit" means a particular and distinct benefit over
and above general benefits conferred on real property located in the
district or to the public at large. General enhancement of property
value does not constitute "special benefit."
ARTICLE 13D (ASSESSMENT AND PROPERTY-RELATED FEE REFORM)
SEC. 3. Property Taxes, Assessments, Fees and Charges Limited. (a)
No tax, assessment, fee, or charge shall be assessed by any agency
upon any parcel of property or upon any person as an incident of
property ownership except:
(1) The ad valorem property tax imposed pursuant to Article XIII
and Article XIIIA.
(2) Any special tax receiving a two-thirds vote pursuant to
Section 4 of Article XIIIA.
(3) Assessments as provided by this article.
(4) Fees or charges for property related services as provided by
this article.
(b) For purposes of this article, fees for the provision of
electrical or gas service shall not be deemed charges or fees imposed
as an incident of property ownership.
ARTICLE 13D (ASSESSMENT AND PROPERTY-RELATED FEE REFORM)
SEC. 4. Procedures and Requirements for All Assessments. (a) An
agency which proposes to levy an assessment shall identify all
parcels which will have a special benefit conferred upon them and
upon which an assessment will be imposed. The proportionate special
benefit derived by each identified parcel shall be determined in
relationship to the entirety of the capital cost of a public
improvement, the maintenance and operation expenses of a public
improvement, or the cost of the property related service being
provided. No assessment shall be imposed on any parcel which exceeds
the reasonable cost of the proportional special benefit conferred on
that parcel. Only special benefits are assessable, and an agency
shall separate the general benefits from the special benefits
conferred on a parcel. Parcels within a district that are owned or
used by any agency, the State of California or the United States
shall not be exempt from assessment unless the agency can demonstrate
by clear and convincing evidence that those publicly owned parcels
in fact receive no special benefit.
(b) All assessments shall be supported by a detailed engineer's
report prepared by a registered professional engineer certified by
the State of California.
(c) The amount of the proposed assessment for each identified
parcel shall be calculated and the record owner of each parcel shall
be given written notice by mail of the proposed assessment, the total
amount thereof chargeable to the entire district, the amount
chargeable to the owner's particular parcel, the duration of the
payments, the reason for the assessment and the basis upon which the
amount of the proposed assessment was calculated, together with the
date, time, and location of a public hearing on the proposed
assessment. Each notice shall also include, in a conspicuous place
thereon, a summary of the procedures applicable to the completion,
return, and tabulation of the ballots required pursuant to
subdivision (d), including a disclosure statement that the existence
of a majority protest, as defined in subdivision (e), will result in
the assessment not being imposed.
(d) Each notice mailed to owners of identified parcels within the
district pursuant to subdivision (c) shall contain a ballot which
includes the agency's address for receipt of the ballot once
completed by any owner receiving the notice whereby the owner may
indicate his or her name, reasonable identification of the parcel,
and his or her support or opposition to the proposed assessment.
(e) The agency shall conduct a public hearing upon the proposed
assessment not less than 45 days after mailing the notice of the
proposed assessment to record owners of each identified parcel. At
the public hearing, the agency shall consider all protests against
the proposed assessment and tabulate the ballots. The agency shall
not impose an assessment if there is a majority protest. A majority
protest exists if, upon the conclusion of the hearing, ballots
submitted in opposition to the assessment exceed the ballots
submitted in favor of the assessment. In tabulating the ballots, the
ballots shall be weighted according to the proportional financial
obligation of the affected property.
(f) In any legal action contesting the validity of any assessment,
the burden shall be on the agency to demonstrate that the property
or properties in question receive a special benefit over and above
the benefits conferred on the public at large and that the amount of
any contested assessment is proportional to, and no greater than, the
benefits conferred on the property or properties in question.
(g) Because only special benefits are assessable, electors
residing within the district who do not own property within the
district shall not be deemed under this Constitution to have been
deprived of the right to vote for any assessment. If a court
determines that the Constitution of the United States or other
federal law requires otherwise, the assessment shall not be imposed
unless approved by a two-thirds vote of the electorate in the
district in addition to being approved by the property owners as
required by subdivision (e).
ARTICLE 13D (ASSESSMENT AND PROPERTY-RELATED FEE REFORM)
SEC. 5. Effective Date. Pursuant to subdivision (a) of Section 10
of Article II, the provisions of this article shall become effective
the day after the election unless otherwise provided. Beginning July
1, 1997, all existing, new, or increased assessments shall comply
with this article. Notwithstanding the foregoing, the following
assessments existing on the effective date of this article shall be
exempt from the procedures and approval process set forth in Section
4:
(a) Any assessment imposed exclusively to finance the capital
costs or maintenance and operation expenses for sidewalks, streets,
sewers, water, flood control, drainage systems or vector control.
Subsequent increases in such assessments shall be subject to the
procedures and approval process set forth in Section 4.
(b) Any assessment imposed pursuant to a petition signed by the
persons owning all of the parcels subject to the assessment at the
time the assessment is initially imposed. Subsequent increases in
such assessments shall be subject to the procedures and approval
process set forth in Section 4.
(c) Any assessment the proceeds of which are exclusively used to
repay bonded indebtedness of which the failure to pay would violate
the Contract Impairment Clause of the Constitution of the United
States.
(d) Any assessment which previously received majority voter
approval from the voters voting in an election on the issue of the
assessment. Subsequent increases in those assessments shall be
subject to the procedures and approval process set forth in Section
4.
ARTICLE 13D (ASSESSMENT AND PROPERTY-RELATED FEE REFORM)
SEC. 6. Property Related Fees and Charges. (a) Procedures for New
or Increased Fees and Charges. An agency shall follow the procedures
pursuant to this section in imposing or increasing any fee or charge
as defined pursuant to this article, including, but not limited to,
the following:
(1) The parcels upon which a fee or charge is proposed for
imposition shall be identified. The amount of the fee or charge
proposed to be imposed upon each parcel shall be calculated. The
agency shall provide written notice by mail of the proposed fee or
charge to the record owner of each identified parcel upon which the
fee or charge is proposed for imposition, the amount of the fee or
charge proposed to be imposed upon each, the basis upon which the
amount of the proposed fee or charge was calculated, the reason for
the fee or charge, together with the date, time, and location of a
public hearing on the proposed fee or charge.
(2) The agency shall conduct a public hearing upon the proposed
fee or charge not less than 45 days after mailing the notice of the
proposed fee or charge to the record owners of each identified parcel
upon which the fee or charge is proposed for imposition. At the
public hearing, the agency shall consider all protests against the
proposed fee or charge. If written protests against the proposed fee
or charge are presented by a majority of owners of the identified
parcels, the agency shall not impose the fee or charge.
(b) Requirements for Existing, New or Increased Fees and Charges.
A fee or charge shall not be extended, imposed, or increased by any
agency unless it meets all of the following requirements:
(1) Revenues derived from the fee or charge shall not exceed the
funds required to provide the property related service.
(2) Revenues derived from the fee or charge shall not be used for
any purpose other than that for which the fee or charge was imposed.
(3) The amount of a fee or charge imposed upon any parcel or
person as an incident of property ownership shall not exceed the
proportional cost of the service attributable to the parcel.
(4) No fee or charge may be imposed for a service unless that
service is actually used by, or immediately available to, the owner
of the property in question. Fees or charges based on potential or
future use of a service are not permitted. Standby charges, whether
characterized as charges or assessments, shall be classified as
assessments and shall not be imposed without compliance with Section
4.
(5) No fee or charge may be imposed for general governmental
services including, but not limited to, police, fire, ambulance or
library services, where the service is available to the public at
large in substantially the same manner as it is to property owners.
Reliance by an agency on any parcel map, including, but not limited
to, an assessor's parcel map, may be considered a significant factor
in determining whether a fee or charge is imposed as an incident of
property ownership for purposes of this article. In any legal action
contesting the validity of a fee or charge, the burden shall be on
the agency to demonstrate compliance with this article.
(c) Voter Approval for New or Increased Fees and Charges. Except
for fees or charges for sewer, water, and refuse collection services,
no property related fee or charge shall be imposed or increased
unless and until that fee or charge is submitted and approved by a
majority vote of the property owners of the property subject to the
fee or charge or, at the option of the agency, by a two-thirds vote
of the electorate residing in the affected area. The election shall
be conducted not less than 45 days after the public hearing. An
agency may adopt procedures similar to those for increases in
assessments in the conduct of elections under this subdivision.
(d) Beginning July 1, 1997, all fees or charges shall comply with
this section.
ARTICLE 14 LABOR RELATIONS
SECTION 1. The Legislature may provide for minimum wages and for
the general welfare of employees and for those purposes may confer on
a commission legislative, executive, and judicial powers.
ARTICLE 14 LABOR RELATIONS
SEC. 2. Worktime of mechanics or workers on public works may not
exceed eight hours a day except in wartime or extraordinary
emergencies that endanger life or property. The Legislature shall
provide for enforcement of this section.
ARTICLE 14 LABOR RELATIONS
SEC. 3. Mechanics, persons furnishing materials, artisans, and
laborers of every class, shall have a lien upon the property upon
which they have bestowed labor or furnished material for the value of
such labor done and material furnished; and the Legislature shall
provide, by law, for the speedy and efficient enforcement of such
liens.
ARTICLE 14 LABOR RELATIONS
SEC. 4. The Legislature is hereby expressly vested with plenary
power, unlimited by any provision of this Constitution, to create,
and enforce a complete system of workers' compensation, by
appropriate legislation, and in that behalf to create and enforce a
liability on the part of any or all persons to compensate any or all
of their workers for injury or disability, and their dependents for
death incurred or sustained by the said workers in the course of
their employment, irrespective of the fault of any party. A complete
system of workers' compensation includes adequate provisions for the
comfort, health and safety and general welfare of any and all
workers and those dependent upon them for support to the extent of
relieving from the consequences of any injury or death incurred or
sustained by workers in the course of their employment, irrespective
of the fault of any party; also full provision for securing safety in
places of employment; full provision for such medical, surgical,
hospital and other remedial treatment as is requisite to cure and
relieve from the effects of such injury; full provision for adequate
insurance coverage against liability to pay or furnish compensation;
full provision for regulating such insurance coverage in all its
aspects, including the establishment and management of a state
compensation insurance fund; full provision for otherwise securing
the payment of compensation; and full provision for vesting power,
authority and jurisdiction in an administrative body with all the
requisite governmental functions to determine any dispute or matter
arising under such legislation, to the end that the administration of
such legislation shall accomplish substantial justice in all cases
expeditiously, inexpensively, and without incumbrance of any
character; all of which matters are expressly declared to be the
social public policy of this State, binding upon all departments of
the state government.
The Legislature is vested with plenary powers, to provide for the
settlement of any disputes arising under such legislation by
arbitration, or by an industrial accident commission, by the courts,
or by either, any, or all of these agencies, either separately or in
combination, and may fix and control the method and manner of trial
of any such dispute, the rules of evidence and the manner of review
of decisions rendered by the tribunal or tribunals designated by it;
provided, that all decisions of any such tribunal shall be subject to
review by the appellate courts of this State. The Legislature may
combine in one statute all the provisions for a complete system of
workers' compensation, as herein defined.
The Legislature shall have power to provide for the payment of an
award to the State in the case of the death, arising out of and in
the course of the employment, of an employee without dependents, and
such awards may be used for the payment of extra compensation for
subsequent injuries beyond the liability of a single employer for
awards to employees of the employer.
Nothing contained herein shall be taken or construed to impair or
render ineffectual in any measure the creation and existence of the
industrial accident commission of this State or the state
compensation insurance fund, the creation and existence of which,
with all the functions vested in them, are hereby ratified and
confirmed.
ARTICLE 14 LABOR RELATIONS
SECTION 5. (a) The Director of Corrections or any county Sheriff or
other local government official charged with jail operations, may
enter into contracts with public entities, nonprofit or for profit
organizations, entities, or businesses for the purpose of conducting
programs which use inmate labor. Such programs shall be operated and
implemented pursuant to statutes enacted by or in accordance with
the provisions of the Prison Inmate Labor Initiative of 1990, and by
rules and regulations prescribed by the Director of Corrections and,
for county jail programs, by local ordinances.
(b) No contract shall be executed with an employer that will
initiate employment by inmates in the same job classification as
non-inmate employees of the same employer who are on strike, as
defined in Section 1132.6 of the Labor Code, as it reads on January
1, 1990, or who are subject to lockout, as defined in Section 1132.8
of the Labor Code, as it reads on January 1, 1990. Total daily hours
worked by inmates employed in the same job classification as
non-inmate employees of the same employer who are on strike, as
defined in Section 1132.6 of the Labor Code, as it reads on January
1, 1990, or who are subject to lockout, as defined in Section 1132.8
of the Labor Code, as it reads on January 1, 1990, shall not exceed,
for the duration of the strike, the average daily hours worked for
the preceding six months, or if the program has been in operation for
less than six months, the average for the period of operation.
(c) Nothing in this section shall be interpreted as creating a
right of inmates to work.
ARTICLE 15 USURY
SECTION 1. The rate of interest upon the loan or forbearance of any
money, goods, or things in action, or on accounts after demand,
shall be 7 percent per annum but it shall be competent for the
parties to any loan or forbearance of any money, goods or things in
action to contract in writing for a rate of interest:
(1) For any loan or forbearance of any money, goods, or things in
action, if the money, goods, or things in action are for use
primarily for personal, family, or household purposes, at a rate not
exceeding 10 percent per annum; provided, however, that any loan or
forbearance of any money, goods or things in action the proceeds of
which are used primarily for the purchase, construction or
improvement of real property shall not be deemed to be a use
primarily for personal, family or household purposes; or
(2) For any loan or forbearance of any money, goods, or things in
action for any use other than specified in paragraph (1), at a rate
not exceeding the higher of (a) 10 percent per annum or (b) 5 percent
per annum plus the rate prevailing on the 25th day of the month
preceding the earlier of (i) the date of execution of the contract to
make the loan or forbearance, or (ii) the date of making the loan or
forbearance established by the Federal Reserve Bank of San Francisco
on advances to member banks under Sections 13 and 13a of the Federal
Reserve Act as now in effect or hereafter from time to time amended
(or if there is no such single determinable rate of advances, the
closest counterpart of such rate as shall be designated by the
Superintendent of Banks of the State of California unless some other
person or agency is delegated such authority by the Legislature).
No person, association, copartnership or corporation shall by
charging any fee, bonus, commission, discount or other compensation
receive from a borrower more than the interest authorized by this
section upon any loan or forbearance of any money, goods or things in
action.
However, none of the above restrictions shall apply to any
obligations of, loans made by, or forbearances of, any building and
loan association as defined in and which is operated under that
certain act known as the "Building and Loan Association Act,"
approved May 5, 1931, as amended, or to any corporation incorporated
in the manner prescribed in and operating under that certain act
entitled "An act defining industrial loan companies, providing for
their incorporation, powers and supervision," approved May 18, 1917,
as amended, or any corporation incorporated in the manner prescribed
in and operating under that certain act entitled "An act defining
credit unions, providing for their incorporation, powers, management
and supervision," approved March 31, 1927, as amended or any duly
licensed pawnbroker or personal property broker, or any loans made or
arranged by any person licensed as a real estate broker by the State
of California and secured in whole or in part by liens on real
property, or any bank as defined in and operating under that certain
act known as the "Bank Act," approved March 1, 1909, as amended, or
any bank created and operating under and pursuant to any laws of this
State or of the United States of America or any nonprofit
cooperative association organized under Chapter 1 (commencing with
Section 54001) of Division 20 of the Food and Agricultural Code in
loaning or advancing money in connection with any activity mentioned
in said title or any corporation, association, syndicate, joint stock
company, or partnership engaged exclusively in the business of
marketing agricultural, horticultural, viticultural, dairy, live
stock, poultry and bee products on a cooperative nonprofit basis in
loaning or advancing money to the members thereof or in connection
with any such business or any corporation securing money or credit
from any federal intermediate credit bank, organized and existing
pursuant to the provisions of an act of Congress entitled
"Agricultural Credits Act of 1923," as amended in loaning or
advancing credit so secured, or any other class of persons authorized
by statute, or to any successor in interest to any loan or
forbearance exempted under this article, nor shall any such charge of
any said exempted classes of persons be considered in any action or
for any purpose as increasing or affecting or as connected with the
rate of interest hereinbefore fixed. The Legislature may from time
to time prescribe the maximum rate per annum of, or provide for the
supervision, or the filing of a schedule of, or in any manner fix,
regulate or limit, the fees, bonuses, commissions, discounts or other
compensation which all or any of the said exempted classes of
persons may charge or receive from a borrower in connection with any
loan or forbearance of any money, goods or things in action.
The rate of interest upon a judgment rendered in any court of this
State shall be set by the Legislature at not more than 10 percent
per annum. Such rate may be variable and based upon interest rates
charged by federal agencies or economic indicators, or both.
In the absence of the setting of such rate by the Legislature, the
rate of interest on any judgment rendered in any court of the State
shall be 7 percent per annum.
The provisions of this section shall supersede all provisions of
this Constitution and laws enacted thereunder in conflict therewith.
ARTICLE 16 PUBLIC FINANCE
SECTION 1. The Legislature shall not, in any manner create any debt
or debts, liability or liabilities, which shall, singly or in the
aggregate with any previous debts or liabilities, exceed the sum of
three hundred thousand dollars ($300,000), except in case of war to
repel invasion or suppress insurrection, unless the same shall be
authorized by law for some single object or work to be distinctly
specified therein which law shall provide ways and means, exclusive
of loans, for the payment of the interest of such debt or liability
as it falls due, and also to pay and discharge the principal of such
debt or liability within 50 years of the time of the contracting
thereof, and shall be irrepealable until the principal and interest
thereon shall be paid and discharged, and such law may make provision
for a sinking fund to pay the principal of such debt or liability to
commence at a time after the incurring of such debt or liability of
not more than a period of one-fourth of the time of maturity of such
debt or liability; but no such law shall take effect unless it has
been passed by a two-thirds vote of all the members elected to each
house of the Legislature and until, at a general election or at a
direct primary, it shall have been submitted to the people and shall
have received a majority of all the votes cast for and against it at
such election; and all moneys raised by authority of such law shall
be applied only to the specific object therein stated or to the
payment of the debt thereby created. Full publicity as to matters to
be voted upon by the people is afforded by the setting out of the
complete text of the proposed laws, together with the arguments for
and against them, in the ballot pamphlet mailed to each elector
preceding the election at which they are submitted, and the only
requirement for publication of such law shall be that it be set out
at length in ballot pamphlets which the Secretary of State shall
cause to be printed. The Legislature may, at any time after the
approval of such law by the people, reduce the amount of the
indebtedness authorized by the law to an amount not less than the
amount contracted at the time of the reduction, or it may repeal the
law if no debt shall have been contracted in pursuance thereof.
Notwithstanding any other provision of this Constitution, Members
of the Legislature who are required to meet with the State Allocation
Board shall have equal rights and duties with the nonlegislative
members to vote and act upon matters pending or coming before such
board for the allocation and apportionment of funds to school
districts for school construction purposes or purposes related
thereto.
Notwithstanding any other provision of this constitution, or of
any bond act to the contrary, if any general obligation bonds of the
State heretofore or hereafter authorized by vote of the people have
been offered for sale and not sold, the Legislature may raise the
maximum rate of interest payable on all general obligation bonds
authorized but not sold, whether or not such bonds have been offered
for sale, by a statute passed by a two-thirds vote of all members
elected to each house thereof.
The provisions of Senate Bill No. 763 of the 1969 Regular Session,
which authorize an increase of the state general obligation bond
maximum interest rate from 5 percent to an amount not in excess of 7
percent and eliminate the maximum rate of interest payable on notes
given in anticipation of the sale of such bonds, are hereby ratified.
ARTICLE 16 PUBLIC FINANCE
SEC. 1.5. The Legislature may create and establish a "General
Obligation Bond Proceeds Fund" in the State Treasury, and may provide
for the proceeds of the sale of general obligation bonds of the
State heretofore or hereafter issued, including any sums paid as
accrued interest thereon, under any or all acts authorizing the
issuance of such bonds, to be paid into or transferred to, as the
case may be, the "General Obligation Bond Proceeds Fund." Accounts
shall be maintained in the "General Obligation Bond Proceeds Fund" of
all moneys deposited in the State Treasury to the credit of that
fund and the proceeds of each bond issue shall be maintained as a
separate and distinct account and shall be paid out only in
accordance with the law authorizing the issuance of the particular
bonds from which the proceeds were derived. The Legislature may
abolish, subject to the conditions of this section, any fund in the
State Treasury heretofore or hereafter created by any act for the
purpose of having deposited therein the proceeds from the issuance of
bonds if such proceeds are transferred to or paid into the "General
Obligation Bond Proceeds Fund" pursuant to the authority granted in
this section; provided, however, that nothing in this section shall
prevent the Legislature from re-establishing any bond proceeds fund
so abolished and transferring back to its credit all proceeds in the
"General Obligation Bond Proceeds Fund" which constitute the proceeds
of the particular bond fund being re-established.
ARTICLE 16 PUBLIC FINANCE
SEC. 2. (a) No amendment to this Constitution which provides for
the preparation, issuance and sale of bonds of the State of
California shall hereafter be submitted to the electors, nor shall
any such amendment to the Constitution hereafter submitted to or
approved by the electors become effective for any purpose.
Each measure providing for the preparation, issuance and sale of
bonds of the State of California shall hereafter be submitted to the
electors in the form of a bond act or statute.
(b) The provisions of this Constitution enumerated in subdivision
(c) of this section are repealed and such provisions are continued as
statutes which have been approved, adopted, legalized, ratified,
validated, and made fully and completely effective, by means of the
adoption by the electorate of a ratifying constitutional amendment,
except that the Legislature, in addition to whatever powers it
possessed under such provisions, may amend or repeal such provisions
when the bonds issued thereunder have been fully retired and when no
rights thereunder will be damaged.
(c) The enumerated provisions of this Constitution are: Article
XVI, Sections 2, 3, 4, 41/2, 5, 6, 8, 81/2, 15, 16, 16.5, 17, 18, 19,
19.5, 20 and 21.
ARTICLE 16 PUBLIC FINANCE
SEC. 3. No money shall ever be appropriated or drawn from the State
Treasury for the purpose or benefit of any corporation, association,
asylum, hospital, or any other institution not under the exclusive
management and control of the State as a state institution, nor shall
any grant or donation of property ever be made thereto by the State,
except that notwithstanding anything contained in this or any other
section of the Constitution:
(1) Whenever federal funds are made available for the construction
of hospital facilities by public agencies and nonprofit corporations
organized to construct and maintain such facilities, nothing in this
Constitution shall prevent the Legislature from making state money
available for that purpose, or from authorizing the use of such money
for the construction of hospital facilities by nonprofit
corporations organized to construct and maintain such facilities.
(2) The Legislature shall have the power to grant aid to the
institutions conducted for the support and maintenance of minor
orphans, or half-orphans, or abandoned children, or children of a
father who is incapacitated for gainful work by permanent physical
disability or is suffering from tuberculosis in such a stage that he
cannot pursue a gainful occupation, or aged persons in indigent
circumstances--such aid to be granted by a uniform rule, and
proportioned to the number of inmates of such respective
institutions.
(3) The Legislature shall have the power to grant aid to needy
blind persons not inmates of any institution supported in whole or in
part by the State or by any of its political subdivisions, and no
person concerned with the administration of aid to needy blind
persons shall dictate how any applicant or recipient shall expend
such aid granted him, and all money paid to a recipient of such aid
shall be intended to help him meet his individual needs and is not
for the benefit of any other person, and such aid when granted shall
not be construed as income to any person other than the blind
recipient of such aid, and the State Department of Social Welfare
shall take all necessary action to enforce the provisions relating to
aid to needy blind persons as heretofore stated.
(4) The Legislature shall have power to grant aid to needy
physically handicapped persons not inmates of any institution under
the supervision of the Department of Mental Hygiene and supported in
whole or in part by the State or by any institution supported in
whole or part by any political subdivision of the State.
(5) The State shall have at any time the right to inquire into the
management of such institutions.
(6) Whenever any county, or city and county, or city, or town,
shall provide for the support of minor orphans, or half-orphans, or
abandoned children, or children of a father who is incapacitated for
gainful work by permanent physical disability or is suffering from
tuberculosis in such a stage that he cannot pursue a gainful
occupation, or aged persons in indigent circumstances, or needy blind
persons not inmates of any institution supported in whole or in part
by the State or by any of its political subdivisions, or needy
physically handicapped persons not inmates of any institution under
the supervision of the Department of Mental Hygiene and supported in
whole or in part by the State or by any institution supported in
whole or part by any political subdivision of the State; such county,
city and county, city, or town shall be entitled to receive the same
pro rata appropriations as may be granted to such institutions under
church, or other control.
An accurate statement of the receipts and expenditures of public
moneys shall be attached to and published with the laws at every
regular session of the Legislature.
ARTICLE 16 PUBLIC FINANCE
SEC. 4. The Legislature shall have the power to insure or guarantee
loans made by private or public lenders to nonprofit corporations
and public agencies, the proceeds of which are to be used for the
construction, expansion, enlargement, improvement, renovation or
repair of any public or nonprofit hospital, hospital facility, or
extended care facility, facility for the treatment of mental illness,
or all of them, including any outpatient facility and any other
facility useful and convenient in the operation of the hospital and
any original equipment for any such hospital or facility, or both.
No provision of this Constitution, including but not limited to,
Section 1 of Article XVI and Section 14 of Article XI, shall be
construed as a limitation upon the authority granted to the
Legislature by this section.
ARTICLE 16 PUBLIC FINANCE
SEC. 5. Neither the Legislature, nor any county, city and county,
township, school district, or other municipal corporation, shall ever
make an appropriation, or pay from any public fund whatever, or
grant anything to or in aid of any religious sect, church, creed, or
sectarian purpose, or help to support or sustain any school, college,
university, hospital, or other institution controlled by any
religious creed, church, or sectarian denomination whatever; nor
shall any grant or donation of personal property or real estate ever
be made by the State, or any city, city and county, town, or other
municipal corporation for any religious creed, church, or sectarian
purpose whatever; provided, that nothing in this section shall
prevent the Legislature granting aid pursuant to Section 3 of Article
XVI.
ARTICLE 16 PUBLIC FINANCE
SEC. 6. The Legislature shall have no power to give or to lend, or
to authorize the giving or lending, of the credit of the State, or of
any county, city and county, city, township or other political
corporation or subdivision of the State now existing, or that may be
hereafter established, in aid of or to any person, association, or
corporation, whether municipal or otherwise, or to pledge the credit
thereof, in any manner whatever, for the payment of the liabilities
of any individual, association, municipal or other corporation
whatever; nor shall it have power to make any gift or authorize the
making of any gift, of any public money or thing of value to any
individual, municipal or other corporation whatever; provided, that
nothing in this section shall prevent the Legislature granting aid
pursuant to Section 3 of Article XVI; and it shall not have power to
authorize the State, or any political subdivision thereof, to
subscribe for stock, or to become a stockholder in any corporation
whatever; provided, further, that irrigation districts for the
purpose of acquiring the control of any entire international water
system necessary for its use and purposes, a part of which is
situated in the United States, and a part thereof in a foreign
country, may in the manner authorized by law, acquire the stock of
any foreign corporation which is the owner of, or which holds the
title to the part of such system situated in a foreign country;
provided, further, that irrigation districts for the purpose of
acquiring water and water rights and other property necessary for
their uses and purposes, may acquire and hold the stock of
corporations, domestic or foreign, owning waters, water rights,
canals, waterworks, franchises or concessions subject to the same
obligations and liabilities as are imposed by law upon all other
stockholders in such corporation; and
Provided, further, that this section shall not prohibit any
county, city and county, city, township, or other political
corporation or subdivision of the State from joining with other such
agencies in providing for the payment of workers' compensation,
unemployment compensation, tort liability, or public liability losses
incurred by such agencies, by entry into an insurance pooling
arrangement under a joint exercise of powers agreement, or by
membership in such publicly-owned nonprofit corporation or other
public agency as may be authorized by the Legislature; and
Provided, further, that nothing contained in this Constitution
shall prohibit the use of state money or credit, in aiding veterans
who served in the military or naval service of the United States
during the time of war, in the acquisition of, or payments for, (1)
farms or homes, or in projects of land settlement or in the
development of such farms or homes or land settlement projects for
the benefit of such veterans, or (2) any business, land or any
interest therein, buildings, supplies, equipment, machinery, or
tools, to be used by the veteran in pursuing a gainful occupation;
and
Provided, further, that nothing contained in this Constitution
shall prohibit the State, or any county, city and county, city,
township, or other political corporation or subdivision of the State
from providing aid or assistance to persons, if found to be in the
public interest, for the purpose of clearing debris, natural
materials, and wreckage from privately owned lands and waters
deposited thereon or therein during a period of a major disaster or
emergency, in either case declared by the President. In such case,
the public entity shall be indemnified by the recipient from the
award of any claim against the public entity arising from the
rendering of such aid or assistance. Such aid or assistance must be
eligible for federal reimbursement for the cost thereof.
And provided, still further, that notwithstanding the restrictions
contained in this Constitution, the treasurer of any city, county,
or city and county shall have power and the duty to make such
temporary transfers from the funds in custody as may be necessary to
provide funds for meeting the obligations incurred for maintenance
purposes by any city, county, city and county, district, or other
political subdivision whose funds are in custody and are paid out
solely through the treasurer's office. Such temporary transfer of
funds to any political subdivision shall be made only upon resolution
adopted by the governing body of the city, county, or city and
county directing the treasurer of such city, county, or city and
county to make such temporary transfer. Such temporary transfer of
funds to any political subdivision shall not exceed 85 percent of the
anticipated revenues accruing to such political subdivision, shall
not be made prior to the first day of the fiscal year nor after the
last Monday in April of the current fiscal year, and shall be
replaced from the revenues accruing to such political subdivision
before any other obligation of such political subdivision is met from
such revenue.
ARTICLE 16 PUBLIC FINANCE
SEC. 7. Money may be drawn from the Treasury only through an
appropriation made by law and upon a Controller's duly drawn warrant.
ARTICLE 16 PUBLIC FINANCE
SEC. 8. (a) From all state revenues there shall first be set apart
the moneys to be applied by the State for support of the public
school system and public institutions of higher education.
(b) Commencing with the 1990-91 fiscal year, the moneys to be
applied by the State for the support of school districts and
community college districts shall be not less than the greater of the
following amounts:
(1) The amount which, as a percentage of General Fund revenues
which may be appropriated pursuant to Article XIIIB, equals the
percentage of General Fund revenues appropriated for school districts
and community college districts, respectively, in fiscal year
1986-87.
(2) The amount required to ensure that the total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIIIB and
allocated local proceeds of taxes shall not be less than the total
amount from these sources in the prior fiscal year, excluding any
revenues allocated pursuant to subdivision (a) of Section 8.5,
adjusted for changes in enrollment and adjusted for the change in the
cost of living pursuant to paragraph (1) of subdivision (e) of
Section 8 of Article XIIIB. This paragraph shall be operative only
in a fiscal year in which the percentage growth in California per
capita personal income is less than or equal to the percentage growth
in per capita General Fund revenues plus one half of one percent.
(3) (A) The amount required to ensure that the total allocations
to school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIIIB and
allocated local proceeds of taxes shall equal the total amount from
these sources in the prior fiscal year, excluding any revenues
allocated pursuant to subdivision (a) of Section 8.5, adjusted for
changes in enrollment and adjusted for the change in per capita
General Fund revenues.
(B) In addition, an amount equal to one-half of one percent times
the prior year total allocations to school districts and community
colleges from General Fund proceeds of taxes appropriated pursuant to
Article XIIIB and allocated local proceeds of taxes, excluding any
revenues allocated pursuant to subdivision (a) of Section 8.5,
adjusted for changes in enrollment.
(C) This paragraph (3) shall be operative only in a fiscal year in
which the percentage growth in California per capita personal income
in a fiscal year is greater than the percentage growth in per capita
General Fund revenues plus one half of one percent.
(c) In any fiscal year, if the amount computed pursuant to
paragraph (1) of subdivision (b) exceeds the amount computed pursuant
to paragraph (2) of subdivision (b) by a difference that exceeds one
and one-half percent of General Fund revenues, the amount in excess
of one and one-half percent of General Fund revenues shall not be
considered allocations to school districts and community colleges for
purposes of computing the amount of state aid pursuant to paragraph
(2) or 3 of subdivision (b) in the subsequent fiscal year.
(d) In any fiscal year in which school districts and community
college districts are allocated funding pursuant to paragraph (3) of
subdivision (b) or pursuant to subdivision (h), they shall be
entitled to a maintenance factor, equal to the difference between (1)
the amount of General Fund moneys which would have been appropriated
pursuant to paragraph (2) of subdivision (b) if that paragraph had
been operative or the amount of General Fund moneys which would have
been appropriated pursuant to subdivision (b) had subdivision (b) not
been suspended, and (2) the amount of General Fund moneys actually
appropriated to school districts and community college districts in
that fiscal year.
(e) The maintenance factor for school districts and community
college districts determined pursuant to subdivision (d) shall be
adjusted annually for changes in enrollment, and adjusted for the
change in the cost of living pursuant to paragraph (1) of subdivision
(e) of Section 8 of Article XIIIB, until it has been allocated in
full. The maintenance factor shall be allocated in a manner
determined by the Legislature in each fiscal year in which the
percentage growth in per capita General Fund revenues exceeds the
percentage growth in California per capita personal income. The
maintenance factor shall be reduced each year by the amount allocated
by the Legislature in that fiscal year. The minimum maintenance
factor amount to be allocated in a fiscal year shall be equal to the
product of General Fund revenues from proceeds of taxes and one-half
of the difference between the percentage growth in per capita General
Fund revenues from proceeds of taxes and in California per capita
personal income, not to exceed the total dollar amount of the
maintenance factor.
(f) For purposes of this section, "changes in enrollment" shall be
measured by the percentage change in average daily attendance.
However, in any fiscal year, there shall be no adjustment for
decreases in enrollment between the prior fiscal year and the current
fiscal year unless there have been decreases in enrollment between
the second prior fiscal year and the prior fiscal year and between
the third prior fiscal year and the second prior fiscal year.
(h) Subparagraph (B) of paragraph (3) of subdivision (b) may be
suspended for one year only when made part of or included within any
bill enacted pursuant to Section 12 of Article IV. All other
provisions of subdivision (b) may be suspended for one year by the
enactment of an urgency statute pursuant to Section 8 of Article IV,
provided that the urgency statute may not be made part of or included
within any bill enacted pursuant to Section 12 of Article IV.
ARTICLE 16 PUBLIC FINANCE
SEC. 8.5. (a) In addition to the amount required to be applied for
the support of school districts and community college districts
pursuant to Section 8, the Controller shall during each fiscal year
transfer and allocate all revenues available pursuant to paragraph 1
of subdivision (a) of Section 2 of Article XIIIB to that portion of
the State School Fund restricted for elementary and high school
purposes, and to that portion of the State School Fund restricted for
community college purposes, respectively, in proportion to the
enrollment in school districts and community college districts
respectively.
(1) With respect to funds allocated to that portion of the State
School Fund restricted for elementary and high school purposes, no
transfer or allocation of funds pursuant to this section shall be
required at any time that the Director of Finance and the
Superintendent of Public Instruction mutually determine that current
annual expenditures per student equal or exceed the average annual
expenditure per student of the 10 states with the highest annual
expenditures per student for elementary and high schools, and that
average class size equals or is less than the average class size of
the 10 states with the lowest class size for elementary and high
schools.
(2) With respect to funds allocated to that portion of the State
School Fund restricted for community college purposes, no transfer or
allocation of funds pursuant to this section shall be required at
any time that the Director of Finance and the Chancellor of the
California Community Colleges mutually determine that current annual
expenditures per student for community colleges in this State equal
or exceed the average annual expenditure per student of the 10 states
with the highest annual expenditures per student for community
colleges.
(b) Notwithstanding the provisions of Article XIIIB, funds
allocated pursuant to this section shall not constitute
appropriations subject to limitation.
(c) From any funds transferred to the State School Fund pursuant
to subdivision (a), the Controller shall each year allocate to each
school district and community college district an equal amount per
enrollment in school districts from the amount in that portion of the
State School Fund restricted for elementary and high school purposes
and an equal amount per enrollment in community college districts
from that portion of the State School Fund restricted for community
college purposes.
(d) All revenues allocated pursuant to subdivision (a) shall be
expended solely for the purposes of instructional improvement and
accountability as required by law.
(e) Any school district maintaining an elementary or secondary
school shall develop and cause to be prepared an annual audit
accounting for such funds and shall adopt a School Accountability
Report Card for each school.
ARTICLE 16 PUBLIC FINANCE
SEC. 9. Money collected under any state law relating to the
protection or propagation of fish and game shall be used for
activities relating thereto.
ARTICLE 16 PUBLIC FINANCE
SEC. 10. Whenever the United States government or any officer or
agency thereof shall provide pensions or other aid for the aged,
co-operation by the State therewith and therein is hereby authorized
in such manner and to such extent as may be provided by law.
The money expended by any county, city and county, municipality,
district or other political subdivision of this State made available
under the provisions of this section shall not be considered as a
part of the base for determining the maximum expenditure for any
given year permissible under Section 20 of Article XI of this
Constitution independent of the vote of the electors or authorization
by the State Board of Equalization.
ARTICLE 16 PUBLIC FINANCE
SEC. 11. The Legislature has plenary power to provide for the
administration of any constitutional provisions or laws heretofore or
hereafter enacted concerning the administration of relief, and to
that end may modify, transfer, or enlarge the powers vested in any
state agency or officer concerned with the administration of relief
or laws appertaining thereto. The Legislature, or the people by
initiative, shall have power to amend, alter, or repeal any law
relating to the relief of hardship and destitution, whether such
hardship and destitution results from unemployment or from other
causes, or to provide for the administration of the relief of
hardship and destitution, whether resulting from unemployment or from
other causes, either directly by the State or through the counties
of the State, and to grant such aid to the counties therefor, or make
such provision for reimbursement of the counties by the State, as
the Legislature deems proper.
ARTICLE 16 PUBLIC FINANCE
SEC. 13. Notwithstanding any other provision of this Constitution,
the Legislature shall have power to release, rescind, cancel, or
otherwise nullify in whole or in part any encumbrance on property,
personal obligation, or other form of security heretofore or
hereafter exacted or imposed by the Legislature to secure the
repayment to, or reimbursement of, the State, and the counties or
other agencies of the state government, of aid lawfully granted to
and received by aged persons.
ARTICLE 16 PUBLIC FINANCE
SEC. 14. The Legislature may provide for the issuance of revenue
bonds to finance the acquisition, construction, and installation of
environmental pollution control facilities, including the acquisition
of all technological facilities necessary or convenient for
pollution control, and for the lease or sale of such facilities to
persons, associations, or corporations, other than municipal
corporations; provided, that such revenue bonds shall not be secured
by the taxing power of the State; and provided, further, that the
Legislature may, by resolution adopted by either house, prohibit or
limit any proposed issuance of such revenue bonds. No provision of
this Constitution, including, but not limited to, Section 25 of
Article XIII and Sections 1 and 2 of Article XVI, shall be construed
as a limitation upon the authority granted to the Legislature
pursuant to this section. Nothing herein contained shall authorize
any public agency to operate any industrial or commercial enterprise.
ARTICLE 16 PUBLIC FINANCE
SEC. 14.5. The Legislature may provide for the issuance of revenue
bonds to finance the acquisition, construction, and installation of
facilities utilizing cogeneration technology, solar power, biomass,
or any other alternative source the Legislature may deem appropriate,
including the acquisition of all technological facilities necessary
or convenient for the use of alternative sources, and for the lease
or sale of such facilities to persons, associations, or corporations,
other than municipal corporations; provided, that such revenue bonds
shall not be secured by the taxing power of the State; and provided,
further, that the Legislature may, by resolution adopted by both
houses, prohibit or limit any proposed issuance of such revenue
bonds. No provision of this Constitution, including, but not limited
to, Sections 1, 2, and 6, of this article, shall be construed as a
limitation upon the authority granted to the Legislature pursuant to
this section. Nothing contained herein shall authorize any public
agency to operate any industrial or commercial enterprise.
ARTICLE 16 PUBLIC FINANCE
SEC. 15. A public body authorized to issue securities to provide
public parking facilities and any other public body whose territorial
area includes such facilities are authorized to make revenues from
street parking meters available as additional security.
ARTICLE 16 PUBLIC FINANCE
SEC. 16. All property in a redevelopment project established under
the Community Redevelopment Law as now existing or hereafter amended,
except publicly owned property not subject to taxation by reason of
that ownership, shall be taxed in proportion to its value as provided
in Section 1 of this article, and those taxes (the word "taxes" as
used herein includes, but is not limited to, all levies on an ad
valorem basis upon land or real property) shall be levied and
collected as other taxes are levied and collected by the respective
taxing agencies.
The Legislature may provide that any redevelopment plan may
contain a provision that the taxes, if any, so levied upon the
taxable property in a redevelopment project each year by or for the
benefit of the State of California, any city, county, city and
county, district, or other public corporation (hereinafter sometimes
called "taxing agencies") after the effective date of the ordinance
approving the redevelopment plan, shall be divided as follows:
(a) That portion of the taxes which would be produced by the rate
upon which the tax is levied each year by or for each of those taxing
agencies upon the total sum of the assessed value of the taxable
property in the redevelopment project as shown upon the assessment
roll used in connection with the taxation of that property by the
taxing agency, last equalized prior to the effective date of the
ordinance, shall be allocated to, and when collected shall be paid
into, the funds of the respective taxing agencies as taxes by or for
those taxing agencies on all other property are paid (for the purpose
of allocating taxes levied by or for any taxing agency or agencies
which did not include the territory in a redevelopment project on the
effective date of the ordinance but to which that territory has been
annexed or otherwise included after the ordinance's effective date,
the assessment roll of the county last equalized on the effective
date of that ordinance shall be used in determining the assessed
valuation of the taxable property in the project on that effective
date); and
(b) Except as provided in subdivision (c), that portion of the
levied taxes each year in excess of that amount shall be allocated to
and when collected shall be paid into a special fund of the
redevelopment agency to pay the principal of and interest on loans,
moneys advanced to, or indebtedness (whether funded, refunded,
assumed or otherwise) incurred by the redevelopment agency to finance
or refinance, in whole or in part, the redevelopment project.
Unless and until the total assessed valuation of the taxable property
in a redevelopment project exceeds the total assessed value of the
taxable property in the project as shown by the last equalized
assessment roll referred to in subdivision (a), all of the taxes
levied and collected upon the taxable property in the redevelopment
project shall be paid into the funds of the respective taxing
agencies. When the loans, advances, and indebtedness, if any, and
interest thereon, have been paid, then all moneys thereafter received
from taxes upon the taxable property in the redevelopment project
shall be paid into the funds of the respective taxing agencies as
taxes on all other property are paid.
(c) That portion of the taxes identified in subdivision (b) which
are attributable to a tax rate levied by a taxing agency for the
purpose of producing revenues in an amount sufficient to make annual
repayments of the principal of, and the interest on, any bonded
indebtedness for the acquisition or improvement of real property
shall be allocated to, and when collected shall be paid into, the
fund of that taxing agency. This paragraph shall only apply to taxes
levied to repay bonded indebtedness approved by the voters of the
taxing agency on or after January 1, 1989.
The Legislature may also provide that in any redevelopment plan or
in the proceedings for the advance of moneys, or making of loans, or
the incurring of any indebtedness (whether funded, refunded,
assumed, or otherwise) by the redevelopment agency to finance or
refinance, in whole or in part, the redevelopment project, the
portion of taxes identified in subdivision (b), exclusive of that
portion identified in subdivision (c), may be irrevocably pledged for
the payment of the principal of and interest on those loans,
advances, or indebtedness.
It is intended by this section to empower any redevelopment
agency, city, county, or city and county under any law authorized by
this section to exercise the provisions hereof separately or in
combination with powers granted by the same or any other law relative
to redevelopment agencies. This section shall not affect any other
law or laws relating to the same or a similar subject but is intended
to authorize an alternative method of procedure governing the
subject to which it refers.
The Legislature shall enact those laws as may be necessary to
enforce the provisions of this section.
ARTICLE 16 PUBLIC FINANCE
SEC. 17. The State shall not in any manner loan its credit, nor
shall it subscribe to, or be interested in the stock of any company,
association, or corporation, except that the State and each political
subdivision, district, municipality, and public agency thereof is
hereby authorized to acquire and hold shares of the capital stock of
any mutual water company or corporation when the stock is so acquired
or held for the purpose of furnishing a supply of water for public,
municipal or governmental purposes; and the holding of the stock
shall entitle the holder thereof to all of the rights, powers and
privileges, and shall subject the holder to the obligations and
liabilities conferred or imposed by law upon other holders of stock
in the mutual water company or corporation in which the stock is so
held.
Notwithstanding any other provisions of law or this Constitution
to the contrary, the retirement board of a public pension or
retirement system shall have plenary authority and fiduciary
responsibility for investment of moneys and administration of the
system, subject to all of the following:
(a) The retirement board of a public pension or retirement system
shall have the sole and exclusive fiduciary responsibility over the
assets of the public pension or retirement system. The retirement
board shall also have sole and exclusive responsibility to administer
the system in a manner that will assure prompt delivery of benefits
and related services to the participants and their beneficiaries.
The assets of a public pension or retirement system are trust funds
and shall be held for the exclusive purposes of providing benefits to
participants in the pension or retirement system and their
beneficiaries and defraying reasonable expenses of administering the
system.
(b) The members of the retirement board of a public pension or
retirement system shall discharge their duties with respect to the
system solely in the interest of, and for the exclusive purposes of
providing benefits to, participants and their beneficiaries,
minimizing employer contributions thereto, and defraying reasonable
expenses of administering the system. A retirement board's duty to
its participants and their beneficiaries shall take precedence over
any other duty.
(c) The members of the retirement board of a public pension or
retirement system shall discharge their duties with respect to the
system with the care, skill, prudence, and diligence under the
circumstances then prevailing that a prudent person acting in a like
capacity and familiar with these matters would use in the conduct of
an enterprise of a like character and with like aims.
(d) The members of the retirement board of a public pension or
retirement system shall diversify the investments of the system so as
to minimize the risk of loss and to maximize the rate of return,
unless under the circumstances it is clearly not prudent to do so.
(e) The retirement board of a public pension or retirement system,
consistent with the exclusive fiduciary responsibilities vested in
it, shall have the sole and exclusive power to provide for actuarial
services in order to assure the competency of the assets of the
public pension or retirement system.
(f) With regard to the retirement board of a public pension or
retirement system which includes in its composition elected employee
members, the number, terms, and method of selection or removal of
members of the retirement board which were required by law or
otherwise in effect on July 1, 1991, shall not be changed, amended,
or modified by the Legislature unless the change, amendment, or
modification enacted by the Legislature is ratified by a majority
vote of the electors of the jurisdiction in which the participants of
the system are or were, prior to retirement, employed.
(g) The Legislature may by statute continue to prohibit certain
investments by a retirement board where it is in the public interest
to do so, and provided that the prohibition satisfies the standards
of fiduciary care and loyalty required of a retirement board pursuant
to this section.
(h) As used in this section, the term "retirement board" shall
mean the board of administration, board of trustees, board of
directors, or other governing body or board of a public employees'
pension or retirement system; provided, however, that the term
"retirement board" shall not be interpreted to mean or include a
governing body or board created after July 1, 1991 which does not
administer pension or retirement benefits, or the elected legislative
body of a jurisdiction which employs participants in a public
employees' pension or retirement system.
ARTICLE 16 PUBLIC FINANCE
SEC. 18. (a) No county, city, town, township, board of education,
or school district, shall incur any indebtedness or liability in any
manner or for any purpose exceeding in any year the income and
revenue provided for such year, without the assent of two-thirds of
the voters of the public entity voting at an election to be held for
that purpose, except that with respect to any such public entity
which is authorized to incur indebtedness for public school purposes,
any proposition for the incurrence of indebtedness in the form of
general obligation bonds for the purpose of repairing, reconstructing
or replacing public school buildings determined, in the manner
prescribed by law, to be structurally unsafe for school use, shall be
adopted upon the approval of a majority of the voters of the public
entity voting on the proposition at such election; nor unless before
or at the time of incurring such indebtedness provision shall be made
for the collection of an annual tax sufficient to pay the interest
on such indebtedness as it falls due, and to provide for a sinking
fund for the payment of the principal thereof, on or before maturity,
which shall not exceed forty years from the time of contracting the
indebtedness.
(b) Notwithstanding subdivision (a), on or after the effective
date of the measure adding this subdivision, in the case of any
school district, community college district, or county office of
education, any proposition for the incurrence of indebtedness in the
form of general obligation bonds for the construction,
reconstruction, rehabilitation, or replacement of school facilities,
including the furnishing and equipping of school facilities, or the
acquisition or lease of real property for school facilities, shall be
adopted upon the approval of 55 percent of the voters of the
district or county, as appropriate, voting on the proposition at an
election. This subdivision shall apply only to a proposition for the
incurrence of indebtedness in the form of general obligation bonds
for the purposes specified in this subdivision if the proposition
meets all of the accountability requirements of paragraph (3) of
subdivision (b) of Section 1 of Article XIIIA.
(c) When two or more propositions for incurring any indebtedness
or liability are submitted at the same election, the votes cast for
and against each proposition shall be counted separately, and when
two-thirds or a majority or 55 percent of the voters, as the case may
be, voting on any one of those propositions, vote in favor thereof,
the proposition shall be deemed adopted.
ARTICLE 16 PUBLIC FINANCE
SEC. 19. All proceedings undertaken by any chartered city, or by
any chartered county or by any chartered city and county for the
construction of any public improvement, or the acquisition of any
property for public use, or both, where the cost thereof is to be
paid in whole or in part by special assessment or other special
assessment taxes upon property, whether the special assessment will
be specific or a special assessment tax upon property wholly or
partially according to the assessed value of such property, shall be
undertaken only in accordance with the provisions of law governing:
(a) limitations of costs of such proceedings or assessments for such
proceedings, or both, in relation to the value of any property
assessed therefor; (b) determination of a basis for the valuation of
any such property; (c) payment of the cost in excess of such
limitations; (d) avoidance of such limitations; (e) postponement or
abandonment, or both, of such proceedings in whole or in part upon
majority protest, and particularly in accordance with such provisions
as contained in Sections 10, 11 and 13a of the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931 or any
amendments, codification, reenactment or restatement thereof.
Notwithstanding any provisions for debt limitation or majority
protest as in this section provided, if, after the giving of such
reasonable notice by publication and posting and the holding of such
public hearing as the legislative body of any such chartered county,
chartered city or chartered city and county shall have prescribed,
such legislative body by no less than a four-fifths vote of all
members thereof, finds and determines that the public convenience and
necessity require such improvements or acquisitions, such debt
limitation and majority protest provisions shall not apply.
Nothing contained in this section shall require the legislative
body of any such city, county, or city and county to prepare or to
cause to be prepared, hear, notice for hearing or report the hearing
of any report as to any such proposed construction or acquisition or
both.
ARTICLE 18 AMENDING AND REVISING THE CONSTITUTION
SEC. 1. The Legislature by rollcall vote entered in the journal,
two-thirds of the membership of each house concurring, may propose an
amendment or revision of the Constitution and in the same manner may
amend or withdraw its proposal. Each amendment shall be so prepared
and submitted that it can be voted on separately.
ARTICLE 18 AMENDING AND REVISING THE CONSTITUTION
SEC. 2. The Legislature by rollcall vote entered in the journal,
two-thirds of the membership of each house concurring, may submit at
a general election the question whether to call a convention to
revise the Constitution. If the majority vote yes on that question,
within 6 months the Legislature shall provide for the convention.
Delegates to a constitutional convention shall be voters elected from
districts as nearly equal in population as may be practicable.
ARTICLE 18 AMENDING AND REVISING THE CONSTITUTION
SEC. 3. The electors may amend the Constitution by initiative.
ARTICLE 18 AMENDING AND REVISING THE CONSTITUTION
SEC. 4. A proposed amendment or revision shall be submitted to the
electors and if approved by a majority of votes thereon takes effect
the day after the election unless the measure provides otherwise. If
provisions of 2 or more measures approved at the same election
conflict, those of the measure receiving the highest affirmative vote
shall prevail.
ARTICLE 19 MOTOR VEHICLE REVENUES
SECTION 1. Revenues from taxes imposed by the State on motor
vehicle fuels for use in motor vehicles upon public streets and
highways, over and above the costs of collection and any refunds
authorized by law, shall be used for the following purposes:
(a) The research, planning, construction, improvement,
maintenance, and operation of public streets and highways (and their
related public facilities for nonmotorized traffic), including the
mitigation of their environmental effects, the payment for property
taken or damaged for such purposes, and the administrative costs
necessarily incurred in the foregoing purposes.
(b) The research, planning, construction, and improvement of
exclusive public mass transit guideways (and their related fixed
facilities), including the mitigation of their environmental effects,
the payment for property taken or damaged for such purposes, the
administrative costs necessarily incurred in the foregoing purposes,
and the maintenance of the structures and the immediate right-of-way
for the public mass transit guideways, but excluding the maintenance
and operating costs for mass transit power systems and mass transit
passenger facilities, vehicles, equipment, and services.
ARTICLE 19 MOTOR VEHICLE REVENUES
SEC. 2. Revenues from fees and taxes imposed by the State upon
vehicles or their use or operation, over and above the costs of
collection and any refunds authorized by law, shall be used for the
following purposes:
(a) The state administration and enforcement of laws regulating
the use, operation, or registration of vehicles used upon the public
streets and highways of this State, including the enforcement of
traffic and vehicle laws by state agencies and the mitigation of the
environmental effects of motor vehicle operation due to air and sound
emissions.
(b) The purposes specified in Section 1 of this article.
ARTICLE 19 MOTOR VEHICLE REVENUES
SEC. 3. The Legislature shall provide for the allocation of the
revenues to be used for the purposes specified in Section 1 of this
article in a manner which ensures the continuance of existing
statutory allocation formulas for cities, counties, and areas of the
State, until it determines that another basis for an equitable,
geographical, and jurisdictional distribution exists; provided that,
until such determination is made, any use of such revenues for
purposes specified in subdivision (b) of Section 1 of this article by
or in a city, county, or area of the State shall be included within
the existing statutory allocations to, or for expenditure in, that
city, county, or area. Any future statutory revisions shall provide
for the allocation of these revenues, together with other similar
revenues, in a manner which gives equal consideration to the
transportation needs of all areas of the State and all segments of
the population consistent with the orderly achievement of the adopted
local, regional, and statewide goals for ground transportation in
local general plans, regional transportation plans, and the
California Transportation Plan.
ARTICLE 19 MOTOR VEHICLE REVENUES
SEC. 4. Revenues allocated pursuant to Section 3 may not be
expended for the purposes specified in subdivision (b) of Section 1,
except for research and planning, until such use is approved by a
majority of the votes cast on the proposition authorizing such use of
such revenues in an election held throughout the county or counties,
or a specified area of a county or counties, within which the
revenues are to be expended. The Legislature may authorize the
revenues approved for allocation or expenditure under this section to
be pledged or used for the payment of principal and interest on
voter-approved bonds issued for the purposes specified in subdivision
(b) of Section 1.
ARTICLE 19 MOTOR VEHICLE REVENUES
SEC. 5. The Legislature may authorize up to 25 percent of the
revenues available for expenditure by any city or county, or by the
State, for the purposes specified in subdivision (a) of Section 1 of
this article to be pledged or used for the payment of principal and
interest on voter-approved bonds issued for such purposes.
ARTICLE 19 MOTOR VEHICLE REVENUES
SEC. 6. The tax revenues designated under this article may be
loaned to the General Fund only if one of the following conditions is
imposed:
(a) That any amount loaned is to be repaid in full to the fund
from which it was borrowed during the same fiscal year in which the
loan was made, except that repayment may be delayed until a date not
more than 30 days after the date of enactment of the budget bill for
the subsequent fiscal year.
(b) That any amount loaned is to be repaid in full to the fund
from which it was borrowed within three fiscal years from the date on
which the loan was made and one of the following has occurred:
(1) The Governor has proclaimed a state of emergency and declares
that the emergency will result in a significant negative fiscal
impact to the General Fund.
(2) The aggregate amount of General Fund revenues for the current
fiscal year, as projected by the Governor in a report to the
Legislature in May of the current fiscal year, is less than the
aggregate amount of General Fund revenues for the previous fiscal
year, adjusted for the change in the cost of living and the change in
population, as specified in the budget submitted by the Governor
pursuant to Section 12 of Article IV in the current fiscal year.
(c) Nothing in this section prohibits the Legislature from
authorizing, by statute, loans to local transportation agencies,
cities, counties, or cities and counties, from funds that are subject
to this article, for the purposes authorized under this article.
Any loan authorized as described by this subdivision shall be repaid,
with interest at the rate paid on money in the Pooled Money
Investment Account, or any successor to that account, during the
period of time that the money is loaned, to the fund from which it
was borrowed, not later than four years after the date on which the
loan was made.
ARTICLE 19 MOTOR VEHICLE REVENUES
SEC. 7. This article shall not affect or apply to fees or taxes
imposed pursuant to the Sales and Use Tax Law or the Vehicle License
Fee Law, and all amendments and additions now or hereafter made to
such statutes.
ARTICLE 19 MOTOR VEHICLE REVENUES
SEC. 8. Notwithstanding Sections 1 and 2 of this article, any real
property acquired by the expenditure of the designated tax revenues
by an entity other than the State for the purposes authorized in
those sections, but no longer required for such purposes, may be used
for local public park and recreational purposes.
ARTICLE 19 MOTOR VEHICLE REVENUES
SEC. 9. Notwithstanding any other provision of this Constitution,
the Legislature, by statute, with respect to surplus state property
acquired by the expenditure of tax revenues designated in Sections 1
and 2 and located in the coastal zone, may authorize the transfer of
such property, for a consideration at least equal to the acquisition
cost paid by the State to acquire the property, to the Department of
Parks and Recreation for state park purposes, or to the Department of
Fish and Game for the protection and preservation of fish and
wildlife habitat, or to the Wildife Conservation Board for purposes of the
Wildlife Conservation Law of 1947, or to the State Coastal Conservancy for the
preservation of agricultural lands. As used in this section, "coastal zone"
means "coastal zone" as defined by Section 30103 of the Public Resources Code as
such zone is described on January 1, 1977.
ARTICLE 19A LOANS FROM THE PUBLIC TRANPORTATION ACCOUNT OR LOCAL TRANSPORTATION FUNDS
SECTION 1. The funds in the Public Transportation Account in the
State Transportation Fund, or any successor to that account, may be
loaned to the General Fund only if one of the following conditions is
imposed:
(a) That any amount loaned is to be repaid in full to the account
during the same fiscal year in which the loan was made, except that
repayment may be delayed until a date not more than 30 days after the
date of enactment of the budget bill for the subsequent fiscal year.
(b) That any amount loaned is to be repaid in full to the account
within three fiscal years from the date on which the loan was made
and one of the following has occurred:
(1) The Governor has proclaimed a state of emergency and declares
that the emergency will result in a significant negative fiscal
impact to the General Fund.
(2) The aggregate amount of General Fund revenues for the current
fiscal year, as projected by the Governor in a report to the
Legislature in May of the current fiscal year, is less than the
aggregate amount of General Fund revenues for the previous fiscal
year, as specified in the budget submitted by the Governor pursuant
to Section 12 of Article IV in the current fiscal year.
ARTICLE 19A
SEC. 2. (a) As used in this section, a "local transportation fund"
is a fund created under Section 29530 of the Government Code, or any
successor to that statute.
(b) All local transportation funds are hereby designated trust
funds.
(c) A local transportation fund that has been created pursuant to
law may not be abolished.
(d) Money in a local transportation fund shall be allocated only
for the purposes authorized under Article 11 (commencing with Section
29530) of Chapter 2 of Division 3 of Title 3 of the Government Code
and Chapter 4 (commencing with Section 99200) of Part 11 of Division
10 of the Public Utilities Code, as those provisions existed on
October 1, 1997. Neither the county nor the Legislature may
authorize the expenditure of money in a local transportation fund for
purposes other than those specified in this subdivision.
ARTICLE 19B MOTOR VEHICLE FUEL SALES TAX REVENUES AND
TRANSPORTATION IMPROVEMENT FUNDING
SECTION 1. (a) For the 2003-04 fiscal year and each fiscal year
thereafter, all moneys that are collected during the fiscal year from
taxes under the Sales and Use Tax Law (Part 1 (commencing with
Section 6001) of Division 2 of the Revenue and Taxation Code), or any
successor to that law, upon the sale, storage, use, or other
consumption in this State of motor vehicle fuel, and that are
deposited in the General Fund of the State pursuant to that law,
shall be transferred to the Transportation Investment Fund, which is
hereby created in the State Treasury.
(b) (1) For the 2003-04 to 2007-08 fiscal years, inclusive, moneys
in the Transportation Investment Fund shall be allocated, upon
appropriation by the Legislature, in accordance with Section 7104 of
the Revenue and Taxation Code as that section read on the operative
date of this article.
(2) For the 2008-09 fiscal year and each fiscal year thereafter,
moneys in the Transportation Investment Fund shall be allocated
solely for the following purposes:
(A) Public transit and mass transportation.
(B) Transportation capital improvement projects, subject to the
laws governing the State Transportation Improvement Program, or any
successor to that program.
(C) Street and highway maintenance, rehabilitation,
reconstruction, or storm damage repair conducted by cities, including
a city and county.
(D) Street and highway maintenance, rehabilitation,
reconstruction, or storm damage repair conducted by counties,
including a city and county.
(c) For the 2008-09 fiscal year and each fiscal year thereafter,
moneys in the Transportation Investment Fund shall be allocated, upon
appropriation by the Legislature, as follows:
(A) Twenty percent of the moneys for the purposes set forth in
subparagraph (A) of paragraph (2) of subdivision (b).
(B) Forty percent of the moneys for the purposes set forth in
subparagraph (B) of paragraph (2) of subdivision (b).
(C) Twenty percent of the moneys for the purposes set forth in
subparagraph (C) of paragraph (2) of subdivision (b).
(D) Twenty percent of the moneys for the purpose set forth in
subparagraph (D) of paragraph (2) of subdivision (b).
(d) The transfer of revenues from the General Fund of the State to
the Transportation Investment Fund pursuant to subdivision (a) may
be suspended, in whole or in part, for a fiscal year if both of the
following conditions are met:
(1) The Governor has issued a proclamation that declares that the
transfer of revenues pursuant to subdivision (a) will result in a
significant negative fiscal impact on the range of functions of
government funded by the General Fund of the State.
(2) The Legislature enacts by statute, pursuant to a bill passed
in each house of the Legislature by rollcall vote entered in the
journal, two-thirds of the membership concurring, a suspension for
that fiscal year of the transfer of revenues pursuant to subdivision
(a), provided that the bill does not contain any other unrelated
provision.
(e) The Legislature may enact a statute that modifies the
percentage shares set forth in subdivision (c) by a bill passed in
each house of the Legislature by rollcall vote entered in the
journal, two-thirds of the membership concurring, provided that the
bill does not contain any other unrelated provision and that the
moneys described in subdivision (a) are expended solely for the
purposes set forth in paragraph (2) of subdivision (b).
ARTICLE 20 MISCELLANEOUS SUBJECTS
SEC. 1. Notwithstanding the provisions of Section 6 of Article XI,
the County of Sacramento and all or any of the cities within the
County of Sacramento may be consolidated as a charter city and county
as provided by statute, with the approval of a majority of the
electors of the county voting on the question of such consolidation
and upon such other vote as the Legislature may prescribe in such
statute. The charter City and County of Sacramento shall be a
charter city and a charter county. Its charter city powers supersede
conflicting charter county powers.
ARTICLE 20 MISCELLANEOUS SUBJECTS
SEC. 1.5. The Legislature shall protect, by law, from forced sale a
certain portion of the homestead and other property of all heads of
families.
ARTICLE 20 MISCELLANEOUS SUBJECTS
SEC. 2. Except for tax exemptions provided in Article XIII, the
rights, powers, privileges, and confirmations conferred by Sections
10 and 15 of Article IX in effect on January 1, 1973, relating to
Stanford University and the Huntington Library and Art Gallery, are
continued in effect.
ARTICLE 20 MISCELLANEOUS SUBJECTS
SEC. 3. Members of the Legislature, and all public officers and
employees, executive, legislative, and judicial, except such inferior
officers and employees as may be by law exempted, shall, before they
enter upon the duties of their respective offices, take and
subscribe the following oath or affirmation:
"I, ______, do solemnly swear (or affirm) that I will support
and defend the Constitution of the United States and the Consti-
tution of the State of California against all enemies, foreign
and domestic; that I will bear true faith and allegiance to the
Constitution of the United States and the Constitution of the
State of California; that I take this obligation freely, without
any mental reservation or purpose of evasion; and that I will
well and faithfully discharge the duties upon which I am about
to enter.
"And I do further swear (or affirm) that I do not advocate,
nor
am I a member of any party or organization, political or other-
wise, that now advocates the overthrow of the Government of the
United States or of the State of California by force or violence
or other unlawful means; that within the five years immediately
preceding the taking of this oath (or affirmation) I have not
been a member of any party or organization, political or other-
wise, that advocated the overthrow of the Government of the
United States or of the State of California by force or violence
or other unlawful means except as follows:
________________________________________________________________
(If no affiliations, write in the words "No Exceptions")
and that during such time as I hold the office of ______________
________________________________ I will not advocate nor become
(name of office)
a member of any party or organization, political or otherwise,
that advocates the overthrow of the Government of the United
States or of the State of California by force or violence or
other unlawful means."
And no other oath, declaration, or test, shall be required as a
qualification for any public office or employment.
"Public officer and employee" includes every officer and employee
of the State, including the University of California, every county,
city, city and county, district, and authority, including any
department, division, bureau, board, commission, agency, or
instrumentality of any of the foregoing.
ARTICLE 20 MISCELLANEOUS SUBJECTS
SEC. 4. The Legislature shall not pass any laws permitting the
leasing or alienation of any franchise, so as to relieve the
franchise or property held thereunder from the liabilities of the
lessor or grantor, lessee, or grantee, contracted or incurred in the
operation, use, or enjoyment of such franchise, or any of its
privileges.
ARTICLE 20 MISCELLANEOUS SUBJECTS
SEC. 5. All laws now in force in this State concerning corporations
and all laws that may be hereafter passed pursuant to this section
may be altered from time to time or repealed.
ARTICLE 20 MISCELLANEOUS SUBJECTS
SEC. 6. Any legislator whose term of office is reduced by operation
of the amendment to subdivision (a) of Section 2 of Article IV
adopted by the people in 1972 shall, notwithstanding any other
provision of this Constitution, be entitled to retirement benefits
and compensation as if the term of office had not been so reduced.
ARTICLE 20 MISCELLANEOUS SUBJECTS
SEC. 7. The limitations on the number of terms prescribed by
Section 2 of Article IV, Sections 2 and 11 of Article V, Section 2 of
Article IX, and Section 17 of Article XIII apply only to terms to
which persons are elected or appointed on or after November 6, 1990,
except that an incumbent Senator whose office is not on the ballot
for the general election on that date may serve only one additional
term. Those limitations shall not apply to any unexpired term to
which a person is elected or appointed if the remainder of the term
is less than half of the full term.
ARTICLE 20 MISCELLANEOUS SUBJECTS
SEC. 22. The State of California, subject to the internal revenue
laws of the United States, shall have the exclusive right and power
to license and regulate the manufacture, sale, purchase, possession
and transportation of alcoholic beverages within the State, and
subject to the laws of the United States regulating commerce between
foreign nations and among the states shall have the exclusive right
and power to regulate the importation into and exportation from the
State, of alcoholic beverages. In the exercise of these rights and
powers, the Legislature shall not constitute the State or any agency
thereof a manufacturer or seller of alcoholic beverages.
All alcoholic beverages may be bought, sold, served, consumed and
otherwise disposed of in premises which shall be licensed as provided
by the Legislature. In providing for the licensing of premises, the
Legislature may provide for the issuance of, among other licenses,
licenses for the following types of premises where the alcoholic
beverages specified in the licenses may be sold and served for
consumption upon the premises:
(a) For bona fide public eating places, as defined by the
Legislature.
(b) For public premises in which food shall not be sold or served
as in a bona fide public eating place, but upon which premises the
Legislature may permit the sale or service of food products
incidental to the sale and service of alcoholic beverages. No person
under the age of 21 years shall be permitted to enter and remain in
any such premises without lawful business therein.
(c) For public premises for the sale and service of beers alone.
(d) Under such conditions as the Legislature may impose, for
railroad dining or club cars, passenger ships, common carriers by
air, and bona fide clubs after such clubs have been lawfully operated
for not less than one year.
The sale, furnishing, giving, or causing to be sold, furnished, or
giving away of any alcoholic beverage to any person under the age of
21 years is hereby prohibited, and no person shall sell, furnish,
give, or cause to be sold, furnished, or given away any alcoholic
beverage to any person under the age of 21 years, and no person under
the age of 21 years shall purchase any alcoholic beverage.
The Director of Alcoholic Beverage Control shall be the head of
the Department of Alcoholic Beverage Control, shall be appointed by
the Governor subject to confirmation by a majority vote of all of the
members elected to the Senate, and shall serve at the pleasure of
the Governor. The director may be removed from office by the
Governor, and the Legislature shall have the power, by a majority
vote of all members elected to each house, to remove the director
from office for dereliction of duty or corruption or incompetency.
The director may appoint three persons who shall be exempt from civil
service, in addition to the person he is authorized to appoint by
Section 4 of Article XXIV.
The Department of Alcoholic Beverage Control shall have the
exclusive power, except as herein provided and in accordance with
laws enacted by the Legislature, to license the manufacture,
importation and sale of alcoholic beverages in this State, and to
collect license fees or occupation taxes on account thereof. The
department shall have the power, in its discretion, to deny, suspend
or revoke any specific alcoholic beverages license if it shall
determine for good cause that the granting or continuance of such
license would be contrary to public welfare or morals, or that a
person seeking or holding a license has violated any law prohibiting
conduct involving moral turpitude. It shall be unlawful for any
person other than a licensee of said department to manufacture,
import or sell alcoholic beverages in this State.
The Alcoholic Beverage Control Appeals Board shall consist of
three members appointed by the Governor, subject to confirmation by a
majority vote of all of the members elected to the Senate. Each
member, at the time of his initial appointment, shall be a resident
of a different county from the one in which either of the other
members resides. The members of the board may be removed from office
by the Governor, and the Legislature shall have the power, by a
majority vote of all members elected to each house, to remove any
member from office for dereliction of duty or corruption or
incompetency.
When any person aggrieved thereby appeals from a decision of the
department ordering any penalty assessment, issuing, denying,
transferring, suspending or revoking any license for the manufacture,
importation, or sale of alcoholic beverages, the board shall review
the decision subject to such limitations as may be imposed by the
Legislature. In such cases, the board shall not receive evidence in
addition to that considered by the department. Review by the board
of a decision of the department shall be limited to the questions
whether the department has proceeded without or in excess of its
jurisdiction, whether the department has proceeded in the manner
required by law, whether the decision is supported by the findings,
and whether the findings are supported by substantial evidence in the
light of the whole record. In appeals where the board finds that
there is relevant evidence which, in the exercise of reasonable
diligence, could not have been produced or which was improperly
excluded at the hearing before the department it may enter an order
remanding the matter to the department for reconsideration in the
light of such evidence. In all other appeals the board shall enter
an order either affirming or reversing the decision of the
department. When the order reverses the decision of the department,
the board may direct the reconsideration of the matter in the light
of its order and may direct the department to take such further
action as is specially enjoined upon it by law, but the order shall
not limit or control in any way the discretion vested by law in the
department. Orders of the board shall be subject to judicial review
upon petition of the director or any party aggrieved by such order.
A concurrent resolution for the removal of either the director or
any member of the board may be introduced in the Legislature only if
five Members of the Senate, or 10 Members of the Assembly, join as
authors.
Until the Legislature shall otherwise provide, the privilege of
keeping, buying, selling, serving, and otherwise disposing of
alcoholic beverages in bona fide hotels, restaurants, cafes,
cafeterias, railroad dining or club cars, passenger ships, and other
public eating places, and in bona fide clubs after such clubs have
been lawfully operated for not less than one year, and the privilege
of keeping, buying, selling, serving, and otherwise disposing of
beers on any premises open to the general public shall be licensed
and regulated under the applicable provisions of the Alcoholic
Beverage Control Act, insofar as the same are not inconsistent with
the provisions hereof, and excepting that the license fee to be
charged bona fide hotels, restaurants, cafes, cafeterias, railroad
dining or club cars, passenger ships, and other public eating places,
and any bona fide clubs after such clubs have been lawfully operated
for not less than one year, for the privilege of keeping, buying,
selling, or otherwise disposing of alcoholic beverages, shall be the
amounts prescribed as of the operative date hereof, subject to the
power of the Legislature to change such fees.
The State Board of Equalization shall assess and collect such
excise taxes as are or may be imposed by the Legislature on account
of the manufacture, importation and sale of alcoholic beverages in
this State.
The Legislature may authorize, subject to reasonable restrictions,
the sale in retail stores of alcoholic beverages contained in the
original packages, where such alcoholic beverages are not to be
consumed on the premises where sold; and may provide for the issuance
of all types of licenses necessary to carry on the activities
referred to in the first paragraph of this section, including, but
not limited to, licenses necessary for the manufacture, production,
processing, importation, exportation, transportation, wholesaling,
distribution, and sale of any and all kinds of alcoholic beverages.
The Legislature shall provide for apportioning the amounts
collected for license fees or occupation taxes under the provisions
hereof between the State and the cities, counties and cities and
counties of the State, in such manner as the Legislature may deem
proper.
All constitutional provisions and laws inconsistent with the
provisions hereof are hereby repealed.
The provisions of this section shall be self-executing, but
nothing herein shall prohibit the Legislature from enacting laws
implementing and not inconsistent with such provisions.
This amendment shall become operative on January 1, 1957.
ARTICLE 20 MISCELLANEOUS SUBJECTS
SEC. 23. Notwithstanding any other provision of this Constitution,
the Speaker of the Assembly shall be an ex officio member, having
equal rights and duties with the nonlegislative members, of any state
agency created by the Legislature in the field of public higher
education which is charged with the management, administration, and
control of the State College System of California.
ARTICLE 21 REAPPORTIONMENT OF SENATE, ASSEMBLY, CONGRESSIONAL AND BOARD OF
EQUALIZATION DISTRICTS
SECTION 1. In the year following the year in which the national
census is taken under the direction of Congress at the beginning of
each decade, the Legislature shall adjust the boundary lines of the
Senatorial, Assembly, Congressional, and Board of Equalization
districts in conformance with the following standards:
(a) Each member of the Senate, Assembly, Congress, and the Board
of Equalization shall be elected from a single-member district.
(b) The population of all districts of a particular type shall be
reasonably equal.
(c) Every district shall be contiguous.
(d) Districts of each type shall be numbered consecutively
commencing at the northern boundary of the State and ending at the
southern boundary.
(e) The geographical integrity of any city, county, or city and
county, or of any geographical region shall be respected to the
extent possible without violating the requirements of any other
subdivision of this section.
ARTICLE 22 (ARCHITECTURAL AND ENGINEERING SERVICES)
SECTION 1. The State of California and all other governmental
entities, including, but not limited to, cities, counties, cities and
counties, school districts and other special districts, local and
regional agencies and joint power agencies, shall be allowed to
contract with qualified private entities for architectural and
engineering services for all public works of improvement. The choice
and authority to contract shall extend to all phases of project
development including permitting and environmental studies,
rights-of-way services, design phase services and construction phase
services. The choice and authority shall exist without regard to
funding sources whether federal, state, regional, local or private,
whether or not the project is programmed by a state, regional or
local governmental entity, and whether or not the completed project
is a part of any state owned or state operated system or facility.
ARTICLE 22 (ARCHITECTURAL AND ENGINEERING SERVICES)
SEC. 2. Nothing contained in Article VII of this Constitution shall
be construed to limit, restrict or prohibit the State or any other
governmental entities, including, but not limited to, cities,
counties, cities and counties, school districts and other special
districts, local and regional agencies and joint power agencies, from
contracting with private entities for the performance of
architectural and engineering services.
ARTICLE 34 PUBLIC HOUSING PROJECT LAW
Section 1. No low rent housing project shall hereafter be
developed, constructed, or acquired in any manner by any state public
body until, a majority of the qualified electors of the city, town
or county, as the case may be, in which it is proposed to develop,
construct, or acquire the same, voting upon such issue, approve such
project by voting in favor thereof at an election to be held for that
purpose, or at any general or special election.
For the purposes of this Article the term "low rent housing
project" shall mean any development composed of urban or rural
dwellings, apartments or other living accommodations for persons of
low income, financed in whole or in part by the Federal Government or
a state public body or to which the Federal Government or a state
public body extends assistance by supplying all or part of the labor,
by guaranteeing the payment of liens, or otherwise. For the
purposes of this Article only there shall be excluded from the term
"low rent housing project" any such project where there shall be in
existence on the effective date hereof, a contract for financial
assistance between any state public body and the Federal Government
in respect to such project.
For the purposes of this Article only "persons of low income"
shall mean persons or families who lack the amount of income which is
necessary (as determined by the state public body developing,
constructing, or acquiring the housing project) to enable them,
without financial assistance, to live in decent, safe and sanitary
dwellings, without overcrowding.
For the purposes of this Article the term "state public body"
shall mean this State, or any city, city and county, county,
district, authority, agency, or any other subdivision or public body
of this State.
For the purposes of this Article the term "Federal Government"
shall mean the United States of America, or any agency or
instrumentality, corporate or otherwise, of the United States of
America.
ARTICLE 34 PUBLIC HOUSING PROJECT LAW
Section 2. The provisions of this Article shall be self-executing
but legislation not in conflict herewith may be enacted to facilitate
its operation.
ARTICLE 34 PUBLIC HOUSING PROJECT LAW
Section 3. If any portion, section or clause of this article, or
the application thereof to any person or circumstance, shall for any
reason be declared unconstitutional or held invalid, the remainder of
this Article, or the application of such portion, section or clause
to other persons or circumstances, shall not be affected thereby.
ARTICLE 34 PUBLIC HOUSING PROJECT LAW
Section 4. The provisions of this Article shall supersede all
provisions of this Constitution and laws enacted thereunder in
conflict therewith.
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