CALIFORNIA STATE CONSTITUTION
UNITED STATES OF AMERICA
This is a concatenation of all articles of the California State
Constitution as of 8 MAY 1994. As this document is amended virtually
every year by the proposition (initiative) system, it likely will
not remain totally current. The initiative system also accounts for
some of the unusual clauses which aren't normally found in
constitutional documents.
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8 MAY 1994
TABLE OF CONTENTS
ARTICLE I DECLARATION OF RIGHTS ................................ 1-30
ARTICLE II VOTING, INITIATIVE AND REFERENDUM, AND RECALL ........ 1-20
ARTICLE III STATE OF CALIFORNIA .................................. 1-8
ARTICLE IV LEGISLATIVE .......................................... 1-28
ARTICLE V EXECUTIVE ............................................ 1-14
ARTICLE VI JUDICIAL ............................................. 1-22
ARTICLE VII PUBLIC OFFICERS AND EMPLOYEES ........................ 1-11
ARTICLE IX EDUCATION ............................................ 1-16
ARTICLE X WATER ................................................ 1-7
ARTICLE X A WATER RESOURCES DEVELOPMENT .......................... 1-8
ARTICLE X B MARINE RESOURCES PROTECTION ACT OF 1990 .............. 1-16
ARTICLE XI LOCAL GOVERNMENT ..................................... 1-15
ARTICLE XII PUBLIC UTILITIES ..................................... 1-9
ARTICLE XIII TAXATION ............................................. 1-35
ARTICLE XIII A (TAX LIMITATION) ..................................... 1-6
ARTICLE XIII B GOVERNMENT SPENDING LIMITATION ....................... 1-12
ARTICLE XIV LABOR RELATIONS ...................................... 1-5
ARTICLE XV USURY ................................................ 1
ARTICLE XVI PUBLIC FINANCE ....................................... 1-19
ARTICLE XVIII AMENDING AND REVISING THE CONSTITUTION ............... 1-4
ARTICLE XIX MOTOR VEHICLE REVENUES ............................... 1-9
ARTICLE XX MISCELLANEOUS SUBJECTS ............................... 1-23
ARTICLE XXI REAPPORTIONMENT OF SENATE, ASSEMBLY, CONGRESSIONAL,
AND BOARD OF EQUALIZATION DISTRICTS .................. 1
ARTICLE XXXIV PUBLIC HOUSING PROJECT LAW ........................... 1-4
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 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 in municipal or justice court 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.
SEC. 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.
CALIFORNIA CONSTITUTION
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.
SEC. 2. A United States citizen 18 years of age and resident
in this State may vote.
SEC. 3. The Legislature shall define residence and provide for
registration and free elections.
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.
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.
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.
SEC. 7. Voting shall be secret.
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.
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.
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.
SEC. 11. Initiative and referendum powers may be exercised by
the electors of each city or county under procedures that the
Legislature shall provide. This section does not affect a city
having a charter.
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.
SEC. 13. Recall is the power of the electors to remove an
elective officer.
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.
SEC. 15. 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.
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.
SEC. 16. The Legislature shall provide for circulation,
filing, and certification of petitions, nomination of
candidates, and the recall election.
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.
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.
SEC. 19. The Legislature shall provide for recall of local
officers. This section does not affect counties and cities whose
charters provide for 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.
CALIFORNIA CONSTITUTION
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.
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.
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.
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.
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.
SEC. 5. Suits may be brought against the State in such manner
and in such courts as shall be directed by law.
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.
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
California Constitution, 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.
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.
CALIFORNIA CONSTITUTION
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
CALIFORNIA CONSTITUTION
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.
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.
SEC. 3. The Governor shall report to the Legislature each
calendar year on the condition of the State and may make
recommendations.
SEC. 4. The Governor may require executive officers and
agencies and their employees to furnish information relating to
their duties.
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.
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.
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.
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.
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.
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.
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.
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.
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.
CALIFORNIA CONSTITUTION
ARTICLE 6 JUDICIAL
SEC. 1. The judicial power of this State is vested in the
Supreme Court, courts of appeal, superior courts, municipal
courts, and justice courts. All courts are courts of record.
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.
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.
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.
The county clerk is ex officio clerk of the superior court in
the county.
SEC. 5. (a) Each county shall be divided into municipal court
and justice court districts as provided by statute, but a city
may not be divided into more than one district. Each municipal
and justice court shall have one or more judges.
There shall be a municipal court in each district of more
than 40,000 residents and a justice court in each district of
40,000 residents or less. The number of residents shall be
ascertained as provided by statute.
The Legislature shall provide for the organization and
prescribe the jurisdiction of municipal and justice courts. It
shall prescribe for each municipal court and provide for each
justice court the number, qualifications, and compensation of
judges, officers, and employees.
(b) Notwithstanding the provisions of subdivision (a), any
city in San Diego County may be divided into more than one
municipal court or justice court district if the Legislature
determines that unusual geographic conditions warrant such
division.
SEC. 6. The Judicial Council consists of the Chief Justice and
one other judge of the Supreme Court, 3 judges of courts of
appeal, 5 judges of superior courts, 3 judges of municipal
courts, and 2 judges of justice courts, each appointed by the
Chief Justice for a 2-year term; 4 members of the State Bar
appointed by its governing body for 2-year terms; and one member
of each house of the Legislature appointed as provided by the
house.
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.
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.
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,
not inconsistent with statute, and perform other functions
prescribed by statute.
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.
Judges shall report to the Judicial 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.
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.
SEC. 8. (a) The Commission on Judicial Performance consists of
2 judges of courts of appeal, 2 judges of superior courts, and
one judge of a municipal court, each appointed by the Supreme
Court; 2 members of the State Bar of California who have
practiced law in this State for 10 years, appointed by its
governing body; and 2 citizens who are not judges, retired
judges, or members of the State Bar of California, appointed by
the Governor and approved by the Senate, a majority of the
membership concurring. Except as provided in subdivision (b),
all terms are 4 years. No member shall serve more than 2 4-year
terms.
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.
(b) To create staggered terms among the members of the
Commission on Judicial Performance, the following members shall
be appointed, as follows:
(1) The court of appeal member appointed to immediately
succeed the term that expires on November 8, 1988, shall serve a
2-year term.
(2) Of the State Bar members appointed to immediately succeed
terms that expire on December 31, 1988, one member shall serve
for a 2-year term.
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.
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.
Superior courts have original jurisdiction in all causes
except those given by statute to other trial courts.
The court may make such 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.
SEC. 11. 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 and in other causes prescribed
by statute.
Superior courts have appellate jurisdiction in causes
prescribed by statute that arise in municipal and justice courts
in their counties.
The Legislature may permit appellate courts to take evidence
and make findings of fact when jury trial is waived or not a
matter of right.
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.
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.
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.
SEC. 15. A person is ineligible to be a judge of a court of
record unless for 5 years immediately preceding selection to a
municipal or justice court or 10 years immediately preceding
selection to other courts, the person has been a member of the
State Bar or served as a judge of a court of record in this
State. A judge eligible for municipal court service may be
assigned by the Chief Justice to serve on any court.
SEC. 15.5. The 5-year membership or service requirement of
Section 15 does not apply to justice court judges who held
office on January 1, 1988.
This section shall be operative only until January 1, 1995,
and as of that date is repealed.
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 other courts shall be elected in their counties
or districts at general elections. The Legislature may provide
that an unopposed incumbent's name not appear on the ballot.
(c) Terms of judges of superior courts are 6 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 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) 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.
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.
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.
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.
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 recommendation to the Supreme Court by the Commission
on Judicial Performance for removal or retirement of the judge.
(b) On recommendation of the Commission on Judicial
Performance or on its own motion, the Supreme Court may 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 Supreme Court
shall remove the judge from office.
(c) On recommendation of the Commission on Judicial
Performance the Supreme Court 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, and (2)
censure or remove a judge for action occurring not more than 6
years prior to the commencement of the judge's current term that
constitutes wilful 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. The Commission on Judicial Performance may
privately admonish a judge found to have engaged in an improper
action or dereliction of duty, subject to review in the Supreme
Court in the manner provided for review of causes decided by a
court of appeal.
(d) A judge retired by the Supreme Court shall be considered
to have retired voluntarily. A judge removed by the Supreme
Court is ineligible for judicial office and pending further
order of the court is suspended from practicing law in this
State.
(e) A recommendation of the Commission on Judicial
Performance for the censure, removal or retirement of a judge of
the Supreme Court shall be determined by a tribunal of 7 court
of appeal judges selected by lot.
(f) If, after conducting a preliminary investigation, the
Commission on Judicial Performance by vote determines that
formal proceedings should be instituted:
(1) The judge or judges charged may require that formal
hearings be public, unless the Commission on Judicial
Performance by vote finds good cause for confidential hearings.
(2) The Commission on Judicial Performance may, without
further review in the Supreme Court, issue a public reproval
with the consent of the judge for conduct warranting discipline.
The public reproval shall include an enumeration of any and
all formal charges brought against the judge which have not been
dismissed by the commission.
(3) The Commission on Judicial Performance may in the pursuit
of public confidence and the interests of justice, issue press
statements or releases or, in the event charges involve moral
turpitude, dishonesty, or corruption, open hearings to the
public.
(g) The Commission on Judicial Performance may issue
explanatory statements at any investigatory stage when the
subject matter is generally known to the public.
(h) The Judicial Council shall make rules implementing this
section and providing for confidentiality of proceedings.
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.
SEC. 20. The Legislature shall provide for retirement, with
reasonable allowance, of judges of courts of record for age or
disability.
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.
SEC. 22. The Legislature may provide for the appointment by
trial courts of record of officers such as commissioners to
perform subordinate judicial duties.
CALIFORNIA CONSTITUTION
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
CALIFORNIA CONSTITUTION
ARTICLE 8 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
CALIFORNIA CONSTITUTION
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.
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.
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.
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.
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.
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.
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.
CALIFORNIA CONSTITUTION
ARTICLE 10A WATER RESOURCES DEVELOPMENT
SECTION 1. The people of the State hereby provide the
following guarantees and protections in this article for water
rights, water quality, and fish and wildlife resources.
SEC. 2. No statute amending or repealing, or adding to, the
provisions of the statute enacted by Senate Bill No. 200 of the
1979-80 Regular Session of the Legislature which specify (1) the
manner in which the State will protect fish and wildlife
resources in the Sacramento-San Joaquin Delta, Suisun Marsh, and
San Francisco Bay system westerly of the delta; (2) the manner
in which the State will protect existing water rights in the
Sacramento-San Joaquin Delta; and (3) the manner in which the
State will operate the State Water Resources Development System
to comply with water quality standards and water quality control
plans, shall become effective unless approved by the electors
in the same manner as statutes amending initiative statutes are
approved; except that the Legislature may, by statute passed in
each house by roll call vote entered in the journal, two-thirds
of the membership concurring, amend or repeal, or add to, these
provisions if the statute does not in any manner reduce the
protection of the delta or fish and wildlife.
SEC. 3. No water shall be available for appropriation by
storage in, or by direct diversion from, any of the components
of the California Wild and Scenic Rivers System, as such system
exists on January 1, 1981, where such appropriation is for
export of water into another major hydrologic basin of the
State, as defined in the Department of Water Resources Bulletin
160-74, unless such export is expressly authorized prior to such
appropriation by: (a) an initiative statute approved by the
electors, or (b) the Legislature, by statute passed in each
house by roll call vote entered in the journal, two-thirds of
the membership concurring.
SEC. 4. No statute amending or repealing, or adding to, the
provisions of Part 4.5 (commencing with Section 12200) of
Division 6 of the Water Code (the Delta Protection Act) shall
become effective unless approved by the electors in the same
manner as statutes amending initiative statutes are approved;
except that the Legislature may, by statute passed in each house
by roll call vote entered in the journal, two-thirds of the
membership concurring, amend or repeal, or add to, these
provisions if the statute does not in any manner reduce the
protection of the delta or fish and wildlife.
SEC. 5. No public agency may utilize eminent domain
proceedings to acquire water rights, which are held for uses
within the Sacramento-San Joaquin Delta as defined in Section
12220 of the Water Code, or any contract rights for water or
water quality maintenance in the Delta for the purpose of
exporting such water from the Delta. This provision shall not
be construed to prohibit the utilization of eminent domain
proceedings for the purpose of acquiring land or any other
rights necessary for the construction of water facilities,
including, but not limited to, facilities authorized in Chapter
8 (commencing with Section 12930) of Part 6 of Division 6 of the
Water Code.
SEC. 6. (a) The venue of any of the following actions or
proceedings brought in a superior court shall be Sacramento
County:
(1) An action or proceeding to attack, review, set aside,
void, or annul any provision of the statute enacted by Senate
Bill No. 200 of the 1979-80 Regular Session of the Legislature.
(2) An action or proceeding to attack, review, set aside,
void, or annul the determination made by the Director of Water
Resources and the Director of Fish and Game pursuant to
subdivision (a) of Section 11255 of the Water Code.
(3) An action or proceeding which would have the effect of
attacking, reviewing, preventing, or substantially delaying the
construction, operation, or maintenance of the peripheral canal
unit described in subdivision (a) of Section 11255 of the Water
Code.
(4) An action or proceeding to require the State Water
Resources Development System to comply with subdivision (b) of
Section 11460 of the Water Code.
(5) An action or proceeding to require the Department of
Water Resources or its successor agency to comply with the
permanent agreement specified in subdivision (a) of Section
11256 of the Water Code.
(6) An action or proceeding to require the Department of
Water Resources or its successor agency to comply with the
provisions of the contracts entered into pursuant to Section
11456 of the Water Code.
(b) An action or proceeding described in paragraph (1) of
subdivision (a) shall be commenced within one year after the
effective date of the statute enacted by Senate Bill No. 200 of
the 1979-80 Regular Session of the Legislature. Any other
action or proceeding described in subdivision (a) shall be
commenced within one year after the cause of action arises
unless a shorter period is otherwise provided by statute.
(c) The superior court or a court of appeals shall give
preference to the actions or proceedings described in this
section over all civil actions or proceedings pending in the
court. The superior court shall commence hearing any such
action or proceeding within six months after the commencement of
the action or proceeding, provided that any such hearing may be
delayed by joint stipulation of the parties or at the
discretion of the court for good cause shown. The provisions of
this section shall supersede any provisions of law requiring
courts to give preference to other civil actions or proceedings.
The provisions of this subdivision may be enforced by
mandamus.
(d) The Supreme Court shall, upon the request of any party,
transfer to itself, before a decision in the court of appeal,
any appeal or petition for extraordinary relief from an action
or proceeding described in this section, unless the Supreme
Court determines that the action or proceeding is unlikely to
substantially affect (1) the construction, operation, or
maintenance of the peripheral canal unit described in
subdivision (a) of Section 11255 of the Water Code, (2)
compliance with subdivision (b) of Section 11460 of the Water
Code, (3) compliance with the permanent agreement specified in
Section 11256 of the Water Code, or (4) compliance with the
provisions of the contracts entered into pursuant to Section
11456 of the Water Code. The request for transfer shall receive
preference on the Supreme Court's calendar. If the action or
proceeding is transferred to the Supreme Court, the Supreme
Court shall commence to hear the matter within six months of the
transfer unless the parties by joint stipulation request
additional time or the court, for good cause shown, grants
additional time.
(e) The remedy prescribed by the court for an action or
proceeding described in paragraph (4), (5), or (6) of
subdivision (a) shall include, but need not be limited to,
compliance with subdivision (b) of Section 11460 of the Water
Code, the permanent agreement specified in Section 11256 of the
Water Code, or the provisions of the contracts entered into
pursuant to Section 11456 of the Water Code.
(f) The Board of Supervisors of the County of Sacramento may
apply to the State Board of Control for actual costs imposed by
the requirements of this section upon the county, and the State
Board of Control shall pay such actual costs.
(g) Notwithstanding the provisions of this section, nothing
in this Article shall be construed as prohibiting the Supreme
Court from exercising the transfer authority contained in
Article VI, Section 12 of the Constitution.
SEC. 7. State agencies shall exercise their authorized powers
in a manner consistent with the protections provided by this
article.
SEC. 8. This article shall have no force or effect unless
Senate Bill No. 200 of the 1979-80 Regular Session of the
Legislature is enacted and takes effect.
CALIFORNIA CONSTITUTION
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
SEC. 15. This article does not preempt or supersede any other
closures to protect any other wildlife, including sea otters,
whales, and shorebirds.
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.
CALIFORNIA CONSTITUTION
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
SEC. 12. The Legislature may prescribe procedure for
presentation, consideration, and enforcement of claims against
counties, cities, their officers, agents, or employees.
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.
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.
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.
CALIFORNIA CONSTITUTION
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.
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.
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.
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.
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.
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.
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.
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.
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.
CALIFORNIA CONSTITUTION
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
SEC. 13. Land and improvements shall be separately assessed.
SEC. 14. All property taxed by local government shall be
assessed in the county, city, and district in which it is
situated.
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.
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.
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.
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.
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.
SEC. 20. The Legislature may provide maximum property tax
rates and bonding limits for local governments.
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.
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.
SEC. 23. If state boundaries change, the Legislature shall
determine how property affected shall be taxed.
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.
SEC. 25. The Legislature shall provide, in the same fiscal
year, reimbursements to each local government for revenue lost
because of Section 3(k).
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: (1) it is not unrelated
business income as defined by the Legislature, and (2) it is
used exclusively for educational purposes.
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.
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.
SEC. 29. 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 which is collected for them by the State.
Before any such 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.
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.
SEC. 31. The power to tax may not be surrendered or suspended
by grant or contract.
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.
SEC. 33. The Legislature shall pass all laws necessary to
carry out the provisions of this article.
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.
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.
CALIFORNIA CONSTITUTION
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 (1) any indebtedness approved
by the voters prior to July 1, 1978, or (2) any 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.
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
which 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 which 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 which 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 which receives an annual property tax revenue
allocation. This paragraph shall apply to any replacement
dwelling which 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 which 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" shall 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, which 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
which is eligible for the homeowner's exemption if the
construction, installation, or modification is for the purpose
of making the dwelling more accessible to severely disabled
person.
(4) The construction or installation of seismic retrofitting
improvements or improvements utilizing earthquake hazard
mitigation technologies, which 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 which qualify for exclusion pursuant to the last
sentence of the first paragraph of subdivision (a).
(d) For purposes of this section, the term "change in
ownership" shall 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 which 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 which 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 which 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 which 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" shall 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 which 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) For purposes of subdivision (a), the terms "purchased"
and "change of ownership" shall 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 $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.
(i) Unless specifically provided otherwise, amendments to
this section adopted prior to November 1, 1988, shall be
effective for changes in ownership which occur, and new
construction which 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 which occur, and new
construction which is completed, on or after the effective date
of the amendment.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
CALIFORNIA CONSTITUTION
ARTICLE 13B GOVERNMENT SPENDING LIMITATION
SEC. 1. The total annual appropriations subject to limitation
of the State and of each local government shall not exceed the
appropriations limit of the entity of government for the prior
year adjusted for the change in the cost of living and the
change in population, except as otherwise provided in this
article.
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.
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.
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.
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.
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.
SEC. 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.
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.
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.
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.
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.
SEC. 10. This Article shall be effective commencing with the
first day of the fiscal year following its adoption.
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.
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.
SEC. 12. "Appropriations subject to limitation" of each entity
of government shall not include appropriations of revenue from
the Cigarette and Tobacco Products Surtax Fund created by the
Tobacco Tax and Health Protection Act of 1988. No adjustment in
the appropriations limit of any entity of government shall be
required pursuant to Section 3 as a result of revenue being
deposited in or appropriated from the Cigarette and Tobacco
Products Surtax Fund created by the Tobacco Tax and Health
Protection Act of 1988.
CALIFORNIA CONSTITUTION
ARTICLE 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.
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.
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.
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.
SEC. 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.
CALIFORNIA CONSTITUTION
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.
CALIFORNIA CONSTITUTION
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.
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.
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.
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.
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.
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.
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.
SEC. 7. Money may be drawn from the Treasury only through an
appropriation made by law and upon a Controller's duly drawn
warrant.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
SEC. 18. 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 qualified electors thereof, 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 qualified electors 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 also provision to constitute 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
same; provided, however, anything to the contrary herein
notwithstanding, 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 of the qualified
electors, as the case may be, voting on any one of such
propositions, vote in favor thereof, such proposition shall be
deemed adopted.
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.
CALIFORNIA CONSTITUTION
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.
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.
SEC. 3. The electors may amend the Constitution by initiative.
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.
CALIFORNIA CONSTITUTION
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.
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.
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.
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.
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.
SEC. 6. This article shall not prevent the designated tax
revenues from being temporarily loaned to the State General Fund
upon condition that amounts loaned be repaid to the funds from
which they were borrowed.
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.
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.
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.
CALIFORNIA CONSTITUTION
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
CALIFORNIA CONSTITUTION
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.
CALIFORNIA CONSTITUTION
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.
SEC. 2. The provisions of this Article shall be
self-executing but legislation not in conflict herewith may be
enacted to facilitate its operation.
SEC. 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.
SEC. 4. The provisions of this Article shall supersede all
provisions of this Constitution and laws enacted thereunder in
conflict therewith.
