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STATE CONSTITUTIONS

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This is the constitution for the State of California


CALIFORNIA CONSTITUTION,

PREAMBLE,


We, the People of the State of California, grateful to Almighty God for our

freedom, in order to secure and perpetuate its blessings, do establish this

Constitution.


CALIFORNIA CONSTITUTION,

ARTICLE 1  DECLARATION OF RIGHTS,


SECTION 1.  All people are by nature free and independent and have

inalienable rights.  Among these are enjoying and defending life and

liberty, acquiring, possessing, and protecting property, and pursuing

and obtaining safety, happiness, and privacy.


Section 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periodical publication, or for refusing to disclose any unpublished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unpublished information obtained or prepared in gathering, receiving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  As used in this subdivision, "unpublished information" includes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.


Section 3.  (A) The people have the right to instruct their

representatives, petition government for redress of grievances, and

assemble freely to consult for the common good.

  (b) (1) The people have the right of access to information

concerning the conduct of the people's business, and, therefore, the

meetings of public bodies and the writings of public officials and

agencies shall be open to public scrutiny.

  (2) A statute, court rule, or other authority, including those in

effect on the effective date of this subdivision, shall be broadly

construed if it furthers the people's right of access, and narrowly

construed if it limits the right of access.  A statute, court rule,

or other authority adopted after the effective date of this

subdivision that limits the right of access shall be adopted with

findings demonstrating the interest protected by the limitation and

the need for protecting that interest.

  (3) Nothing in this subdivision supersedes or modifies the right

of privacy guaranteed by Section 1 or affects the construction of any

statute, court rule, or other authority to the extent that it

protects that right to privacy, including any statutory procedures

governing discovery or disclosure of information concerning the

official performance or professional qualifications of a peace

officer.

  (4) Nothing in this subdivision supersedes or modifies any

provision of this Constitution, including the guarantees that a

person may not be deprived of life, liberty, or property without due

process of law, or denied equal protection of the laws, as provided

in Section 7.

  (5) This subdivision does not repeal or nullify, expressly or by

implication, any constitutional or statutory exception to the right

of access to public records or meetings of public bodies that is in

effect on the effective date of this subdivision, including, but not

limited to, any statute protecting the confidentiality of law

enforcement and prosecution records.

  (6) Nothing in this subdivision repeals, nullifies, supersedes, or

modifies protections for the confidentiality of proceedings and

records of the Legislature, the Members of the Legislature, and its

employees, committees, and caucuses provided by Section 7 of Article

Four, state law, or legislative rules adopted in furtherance of those

provisions; nor does it affect the scope of permitted discovery in

judicial or administrative proceedings regarding deliberations of the

Legislature, the Members of the Legislature, and its employees,

committees, and caucuses.


Section 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.


Section 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.


Section 6.  Slavery is prohibited.  Involuntary servitude is prohibited

except to punish crime.


Section 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.


Section 7.5.  Only marriage between a man and a woman is valid or

recognized in California.


Section 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.


Section 9.  A bill of attainder, ex post facto law, or law impairing

the obligation of contracts may not be passed.


Section 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.

Section 11.  Habeas corpus may not be suspended unless required by

public safety in cases of rebellion or invasion.


Section 12.  A person shall be released on bail by sufficient sureties,

except for:

  (A) Capital crimes when the facts are evident or the presumption

great;

  (b) Felony offenses involving acts of violence on another person,

or felony sexual assault offenses on another person, when the facts

are evident or the presumption great and the court finds based upon

clear and convincing evidence that there is a substantial likelihood

the person's release would result in great bodily harm to others; or

  (c) Felony offenses when the facts are evident or the presumption

great and the court finds based on clear and convincing evidence that

the person has threatened another with great bodily harm and that

there is a substantial likelihood that the person would carry out the

threat if released.

  Excessive bail may not be required.  In fixing the amount of bail,

the court shall take into consideration the seriousness of the

offense charged, the previous criminal record of the defendant, and

the probability of his or her appearing at the trial or hearing of

the case.

  A person may be released on his or her own recognizance in the

court's discretion.


Section 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.


Section 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.


Section 14.1.  If a felony is prosecuted by indictment, there shall be

no postindictment preliminary hearing.


Section 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.


Section 16.  Trial by jury is an inviolate right and shall be secured

to all, but in a civil cause three-fourths of the jury may render a

verdict.  A jury may be waived in a criminal cause by the consent of

both parties expressed in open court by the defendant and the

defendant's counsel.  In a civil cause a jury may be waived by the

consent of the parties expressed as prescribed by statute.

  In civil causes the jury shall consist of 12 persons or a lesser

number agreed on by the parties in open court.  In civil causes other

than causes within the appellate jurisdiction of the court of appeal

the Legislature may provide that the jury shall consist of eight

persons or a lesser number agreed on by the parties in open court.

  In criminal actions in which a felony is charged, the jury shall

consist of 12 persons.  In criminal actions in which a misdemeanor is

charged, the jury shall consist of 12 persons or a lesser number

agreed on by the parties in open court.


Section 17.  Cruel or unusual punishment may not be inflicted or

excessive fines imposed.


Section 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.


Section 19.  (A) Private property may be taken or damaged for a public

use and 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.

  (b) The State and local governments are prohibited from acquiring

by eminent domain an owner-occupied residence for the purpose of

conveying it to a private person.

  (c) Subdivision (b) of this section does not apply when State or

local government exercises the power of eminent domain for the

purpose of protecting public health and safety; preventing serious,

repeated criminal activity; responding to an emergency; or remedying

environmental contamination that poses a threat to public health and

safety.

  (d) Subdivision (b) of this section does not apply when State or

local government exercises the power of eminent domain for the

purpose of acquiring private property for a public work or

improvement.

  (e) For the purpose of this section:

  1. "Conveyance" means a transfer of real property whether by sale,

lease, gift, franchise, or otherwise.

  2. "Local government" means any city, including a charter city,

county, city and county, school district, special district,

authority, regional entity, redevelopment agency, or any other

political subdivision within the State.

  3. "Owner-occupied residence" means real property that is improved

with a single-family residence such as a detached home, condominium,

or townhouse and that is the owner or owners' principal place of

residence for at least one year prior to the State or local

government's initial written offer to purchase the property.

Owner-occupied residence also includes a residential dwelling unit

attached to or detached from such a single-family residence which

provides complete independent living facilities for one or more

persons.

  4. "Person" means any individual or association, or any business

entity, including, but not limited to, a partnership, corporation, or

limited liability company.

  5. "Public work or improvement" means facilities or infrastructure

for the delivery of public services such as education, police, fire

protection, parks, recreation, emergency medical, public health,

libraries, flood protection, streets or highways, public transit,

railroad, airports and seaports; utility, common carrier or other

similar projects such as energy-related, communication-related,

water-related and wastewater-related facilities or infrastructure;

projects identified by a State or local government for recovery from

natural disasters; and private uses incidental to, or necessary for,

the public work or improvement.

  6. "State" means the State of California and any of its agencies

or departments.


Section 20.  Noncitizens have the same property rights as citizens.


Section 21.  Property owned before marriage or acquired during marriage

by gift, will, or inheritance is separate property.


Section 22.  The right to vote or hold office may not be conditioned by

a property qualification.


Section 23.  One or more grand juries shall be drawn and summoned at

least once a year in each county.


Section 24.  Rights guaranteed by this Constitution are not dependent

on those guaranteed by the United States Constitution.

  In criminal cases the rights of a defendant to equal protection of

the laws, to due process of law, to the assistance of counsel, to be

personally present with counsel, to a speedy and public trial, to

compel the attendance of witnesses, to confront the witnesses against

him or her, to be free from unreasonable searches and seizures, to

privacy, to not be compelled to be a witness against himself or

herself, to not be placed twice in jeopardy for the same offense, and

to not suffer the imposition of cruel or unusual punishment, shall

be construed by the courts of this State in a manner consistent with

the Constitution of the United States.  This Constitution shall not

be construed by the courts to afford greater rights to criminal

defendants than those afforded by the Constitution of the United

States, nor shall it be construed to afford greater rights to minors

in juvenile proceedings on criminal causes than those afforded by the

Constitution of the United States.

  This declaration of rights may not be construed to impair or deny

others retained by the people.


Section 25.  The people shall have the right to fish upon and from

the public lands of the State and in the waters thereof, excepting

upon lands set aside for fish hatcheries, and no land owned by the

State shall ever be sold or transferred without reserving in the

people the absolute right to fish thereupon; and no law shall ever be

passed making it a crime for the people to enter upon the public

lands within this State for the purpose of fishing in any water

containing fish that have been planted therein by the State;

provided, that the legislature may by statute, provide for the season

when and the conditions under which the different species of fish

may be taken.


Section 26.  The provisions of this Constitution are mandatory and

prohibitory, unless by express words they are declared to be

otherwise.


Section 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.


Section 28.  (A) The People of the State of California find and declare

all of the following:

  (1) Criminal activity has a serious impact on the citizens of

California. The rights of victims of crime and their families in

criminal prosecutions are a subject of grave statewide concern.

  (2) Victims of crime are entitled to have the criminal justice

system view criminal acts as serious threats to the safety and

welfare of the people of California. The enactment of comprehensive

provisions and laws ensuring a bill of rights for victims of crime,

including safeguards in the criminal justice system fully protecting

those rights and ensuring that crime victims are treated with respect

and dignity, is a matter of high public importance. California's

victims of crime are largely dependent upon the proper functioning of

government, upon the criminal justice system and upon the

expeditious enforcement of the rights of victims of crime described

herein, in order to protect the public safety and to secure justice

when the public safety has been compromised by criminal activity.

  (3) The rights of victims pervade the criminal justice system.

These rights include personally held and enforceable rights described

in paragraphs (1) through (17) of subdivision (b).

  (4) The rights of victims also include broader shared collective

rights that are held in common with all of the People of the State of

California and that are enforceable through the enactment of laws

and through good-faith efforts and actions of California's elected,

appointed, and publicly employed officials. These rights encompass

the expectation shared with all of the people of California that

persons who commit felonious acts causing injury to innocent victims

will be appropriately and thoroughly investigated, appropriately

detained in custody, brought before the courts of California even if

arrested outside the State, tried by the courts in a timely manner,

sentenced, and sufficiently punished so that the public safety is

protected and encouraged as a goal of highest importance.

  (5) Victims of crime have a collectively shared right to expect

that persons convicted of committing criminal acts are sufficiently

punished in both the manner and the length of the sentences imposed

by the courts of the State of California. This right includes the

right to expect that the punitive and deterrent effect of custodial

sentences imposed by the courts will not be undercut or diminished by

the granting of rights and privileges to prisoners that are not

required by any provision of the United States Constitution or by the

laws of this State to be granted to any person incarcerated in a

penal or other custodial facility in this State as a punishment or

correction for the commission of a crime.

  (6) Victims of crime are entitled to finality in their criminal

cases. Lengthy appeals and other post-judgment proceedings that

challenge criminal convictions, frequent and difficult parole

hearings that threaten to release criminal offenders, and the ongoing

threat that the sentences of criminal wrongdoers will be reduced,

prolong the suffering of crime victims for many years after the

crimes themselves have been perpetrated.  This prolonged suffering of

crime victims and their families must come to an end.

  (7) Finally, the People find and declare that the right to public

safety extends to public and private primary, elementary, junior

high, and senior high school, and community college, California State

University, University of California, and private college and

university campuses, where students and staff have the right to be

safe and secure in their persons.

  (8) To accomplish the goals it is necessary that the laws of

California relating to the criminal justice process be amended in

order to protect the legitimate rights of victims of crime.

  (b) In order to preserve and protect a victim's rights to justice

and due process, a victim shall be entitled to the following rights:


  (1) To be treated with fairness and respect for his or her privacy

and dignity, and to be free from intimidation, harassment, and

abuse, throughout the criminal or juvenile justice process.

  (2) To be reasonably protected from the defendant and persons

acting on behalf of the defendant.

  (3) To have the safety of the victim and the victim's family

considered in fixing the amount of bail and release conditions for

the defendant.

  (4) To prevent the disclosure of confidential information or

records to the defendant, the defendant's attorney, or any other

person acting on behalf of the defendant, which could be used to

locate or harass the victim or the victim's family or which disclose

confidential communications made in the course of medical or

counseling treatment, or which are otherwise privileged or

confidential by law.

  (5) To refuse an interview, deposition, or discovery request by

the defendant, the defendant's attorney, or any other person acting

on behalf of the defendant, and to set reasonable conditions on the

conduct of any such interview to which the victim consents.

  (6) To reasonable notice of and to reasonably confer with the

prosecuting agency, upon request, regarding, the arrest of the

defendant if known by the prosecutor, the charges filed, the

determination whether to extradite the defendant, and, upon request,

to be notified of and informed before any pretrial disposition of the

case.

  (7) To reasonable notice of all public proceedings, including

delinquency proceedings, upon request, at which the defendant and the

prosecutor are entitled to be present and of all parole or other

post-conviction release proceedings, and to be present at all such

proceedings.

  (8) To be heard, upon request, at any proceeding, including any

delinquency proceeding, involving a post-arrest release decision,

plea, sentencing, post-conviction release decision, or any proceeding

in which a right of the victim is at issue.

  (9) To a speedy trial and a prompt and final conclusion of the

case and any related post-judgment proceedings.

  (10) To provide information to a probation department official

conducting a pre-sentence investigation concerning the impact of the

offense on the victim and the victim's family and any sentencing

recommendations before the sentencing of the defendant.

  (11) To receive, upon request, the pre-sentence report when

available to the defendant, except for those portions made

confidential by law.

  (12) To be informed, upon request, of the conviction, sentence,

place and time of incarceration, or other disposition of the

defendant, the scheduled release date of the defendant, and the

release of or the escape by the defendant from custody.

  (13) To restitution.

  (A) 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 seek and secure restitution from

the persons convicted of the crimes causing the losses they suffer.

  (B) Restitution shall be ordered from the convicted wrongdoer in

every case, regardless of the sentence or disposition imposed, in

which a crime victim suffers a loss.

  (C) All monetary payments, monies, and property collected from any

person who has been ordered to make restitution shall be first

applied to pay the amounts ordered as restitution to the victim.

  (14) To the prompt return of property when no longer needed as

evidence.

  (15) To be informed of all parole procedures, to participate in

the parole process, to provide information to the parole authority to

be considered before the parole of the offender, and to be notified,

upon request, of the parole or other release of the offender.

  (16) To have the safety of the victim, the victim's family, and

the general public considered before any parole or other

post-judgment release decision is made.

  (17) To be informed of the rights enumerated in paragraphs (1)

through (16).

  (c) (1) A victim, the retained attorney of a victim, a lawful

representative of the victim, or the prosecuting attorney upon

request of the victim, may enforce the rights enumerated in

subdivision (b) in any trial or appellate court with jurisdiction

over the case as a matter of right. The court shall act promptly on

such a request.

  (2) This section does not create any cause of action for

compensation or damages against the State, any political subdivision

of the State, any officer, employee, or agent of the State or of any

of its political subdivisions, or any officer or employee of the

court.

  (d) The granting of these rights to victims shall not be construed

to deny or disparage other rights possessed by victims. The court in

its discretion may extend the right to be heard at sentencing to any

person harmed by the defendant. The parole authority shall extend

the right to be heard at a parole hearing to any person harmed by the

offender.

  (e) As used in this section, a "victim" is a person who suffers

direct or threatened physical, psychological, or financial harm as a

result of the commission or attempted commission of a crime or

delinquent act. The term "victim" also includes the person's spouse,

parents, children, siblings, or guardian, and includes a lawful

representative of a crime victim who is deceased, a minor, or

physically or psychologically incapacitated. The term "victim" does

not include a person in custody for an offense, the accused, or a

person whom the court finds would not act in the best interests of a

minor victim.

  (f) In addition to the enumerated rights provided in subdivision

(b) that are personally enforceable by victims as provided in

subdivision (c), victims of crime have additional rights that are

shared with all of the People of the State of California. These

collectively held rights include, but are not limited to, the

following:

  (1) Right to Safe Schools.  All students and staff of public

primary, elementary, junior high, and senior high schools, and

community colleges, colleges, and universities have the inalienable

right to attend campuses which are safe, secure and peaceful.

  (2) 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 postconviction

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.

  (3) 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 safety of

the victim, 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 and the

safety of the victim shall be the primary considerations.

  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.

  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 and the victim 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.

  (4) 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.

  (5) Truth in Sentencing.  Sentences that are individually imposed

upon convicted criminal wrongdoers based upon the facts and

circumstances surrounding their cases shall be carried out in

compliance with the courts' sentencing orders, and shall not be

substantially diminished by early release policies intended to

alleviate overcrowding in custodial facilities. The legislative

branch shall ensure sufficient funding to adequately house inmates

for the full terms of their sentences, except for statutorily

authorized credits which reduce those sentences.

  (6) Reform of the parole process.  The current process for parole

hearings is excessive, especially in cases in which the defendant has

been convicted of murder. The parole hearing process must be

reformed for the benefit of crime victims.

  (g) As used in this article, the term "serious felony" is any

crime defined in subdivision (c) of Section 1192.7 of the Penal Code,

or any successor statute.


Section 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.


Section 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.


Section 31.  (A) The State shall not discriminate against, or grant

preferential treatment to, any individual or group on the basis of

race, sex, color, ethnicity, or national origin in the operation of

public employment, public education, or public contracting.

  (b) This section shall apply only to action taken after the

section's effective date.

  (c) Nothing in this section shall be interpreted as prohibiting

bona fide qualifications based on sex which are reasonably necessary

to the normal operation of public employment, public education, or

public contracting.

  (d) Nothing in this section shall be interpreted as invalidating

any court order or consent decree which is in force as of the

effective date of this section.

  (e) Nothing in this section shall be interpreted as prohibiting

action which must be taken to establish or maintain eligibility for

any federal program, where ineligibility would result in a loss of

federal funds to the State.

  (f) For the purposes of this section, "State" shall include, but

not necessarily be limited to, the State itself, any city, county,

city and county, public university system, including the University

of California, community college district, school district, special

district, or any other political subdivision or governmental

instrumentality of or within the State.

  (g) The remedies available for violations of this section shall be

the same, regardless of the injured party's race, sex, color,

ethnicity, or national origin, as are otherwise available for

violations of then-existing California antidiscrimination law.

  (h) This section shall be self-executing.  If any part or parts of

this section are found to be in conflict with federal law or the

United States Constitution, the section shall be implemented to the

maximum extent that federal law and the United States Constitution

permit.  Any provision held invalid shall be severable from the

remaining portions of this section.

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.


Section 2.  A United States citizen 18 years of age and resident in

this State may vote.


Section 2.5.  A voter who casts a vote in an election in accordance

with the laws of this State shall have that vote counted.


Section 3.  The Legislature shall define residence and provide for

registration and free elections.


Section 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.


Section 5.  (A) A voter-nomination primary election shall be conducted

to select the candidates for congressional and state elective offices

in California. All voters may vote at a voter-nominated primary

election for any candidate for congressional and state elective

office without regard to the political party preference disclosed by

the candidate or the voter, provided that the voter is otherwise

qualified to vote for candidates for the office in question. The

candidates who are the top two vote-getters at a voter-nominated

primary election for a congressional or state elective office shall,

regardless of party preference, compete in the ensuing general

election.

  (b) Except as otherwise provided by Section 6, a candidate for a

congressional or state elective office may have his or her political

party preference, or lack of political party preference, indicated

upon the ballot for the office in the manner provided by statute. A

political party or party central committee shall not nominate a

candidate for any congressional or state elective office at the

voter-nominated primary. This subdivision shall not be interpreted to

prohibit a political party or party central committee from

endorsing, supporting, or opposing any candidate for a congressional

or state elective office. A political party or party central

committee shall not have the right to have its preferred candidate

participate in the general election for a voter-nominated office

other than a candidate who is one of the two highest vote-getters at

the primary election, as provided in subdivision (A).

  (c) The Legislature shall provide for partisan elections for

presidential candidates, and political party and party central

committees, 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.

  (d) A political party that participated in a primary election for

a partisan office pursuant to subdivision (c) has the right to

participate in the general election for that office and shall not be

denied the ability to place on the general election ballot the

candidate who received, at the primary election, the highest vote

among that party's candidates.


Section 6.  (A) All judicial, school, county, and city offices,

including the Superintendent of Public Instruction, shall be

nonpartisan.

  (b) A political party or party central committee shall not

nominate a candidate for nonpartisan office, and the candidate's

party preference shall not be included on the ballot for the

nonpartisan office.


Section 7.  Voting shall be secret.


Section 8.  (A) The initiative is the power of the electors to propose

statutes and amendments to the Constitution and to adopt or reject

them.

  (b) An initiative measure may be proposed by presenting to the

Secretary of State a petition that sets forth the text of the

proposed statute or amendment to the Constitution and is certified to

have been signed by electors equal in number to 5 percent in the

case of a statute, and 8 percent in the case of an amendment to the

Constitution, of the votes for all candidates for Governor at the

last gubernatorial election.

  (c) The Secretary of State shall then submit the measure at the

next general election held at least 131 days after it qualifies or at

any special statewide election held prior to that general election.

The Governor may call a special statewide election for the measure.

  (d) An initiative measure embracing more than one subject may not

be submitted to the electors or have any effect.

  (e) An initiative measure may not include or exclude any political

subdivision of the State from the application or effect of its

provisions based upon approval or disapproval of the initiative

measure, or based upon the casting of a specified percentage of votes

in favor of the measure, by the electors of that political

subdivision.

  (f) An initiative measure may not contain alternative or

cumulative provisions wherein one or more of those provisions would

become law depending upon the casting of a specified percentage of

votes for or against the measure.


Section 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 Two 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.


Section 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.


Section 11.  (A) Initiative and referendum powers may be exercised by

the electors of each city or county under procedures that the

Legislature shall provide. Except as provided in subdivisions (b) and

(c), this section does not affect a city having a charter.

  (b) A city or county initiative measure may not include or exclude

any part of the city or county from the application or effect of its

provisions based upon approval or disapproval of the initiative

measure, or based upon the casting of a specified percentage of votes

in favor of the measure, by the electors of the city or county or

any part thereof.

  (c) A city or county initiative measure may not contain

alternative or cumulative provisions wherein one or more of those

provisions would become law depending upon the casting of a specified

percentage of votes for or against the measure.


Section 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.


Section 13.  Recall is the power of the electors to remove an elective

officer.


Section 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.


Section 15.  (A) An election to determine whether to recall an officer

and, if appropriate, to elect a successor shall be called by the

Governor and held not less than 60 days nor more than 80 days from

the date of certification of sufficient signatures.

  (b) A recall election may be conducted within 180 days from the

date of certification of sufficient signatures in order that the

election may be consolidated with the next regularly scheduled

election occurring wholly or partially within the same jurisdiction

in which the recall election is held, if the number of voters

eligible to vote at that next regularly scheduled election equal at

least 50 percent of all the voters eligible to vote at the recall

election.

  (c) If the majority vote on the question is to recall, the officer

is removed and, if there is a candidate, the candidate who receives

a plurality is the successor. The officer may not be a candidate, nor

shall there be any candidacy for an office filled pursuant to

subdivision (d) of Section 16 of Article Six.


Section 16.  The Legislature shall provide for circulation, filing, and

certification of petitions, nomination of candidates, and the recall

election.


Section 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.


Section 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.


Section 19.  The Legislature shall provide for recall of local

officers. This section does not affect counties and cities whose

charters provide for recall.


Section 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,


Section 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.


Section 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.


Section 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.


Section 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.


Section 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 One or any other provision of law.


Section 5.  Suits may be brought against the State in such manner and

in such courts as shall be directed by law.


Section 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.


Section 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.


Section 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 resolution adopted by a majority of the

membership of the commission, adjust the medical, dental, insurance,

and other similar benefits of state officers. The benefits specified

in the resolution shall be effective on and after the first Monday of

the next December.

  Thereafter, at or before the end of each fiscal year, the

commission shall adjust the annual salary of state officers by a

resolution adopted by a majority of the membership of the commission.

The annual salary specified in the resolution shall be effective on

and after the first Monday of the next December, except that a

resolution shall not be adopted or take effect in any year that

increases the annual salary of any state officer if, on or before the

immediately preceding June 1, the Director of Finance certifies to

the commission, based on estimates for the current fiscal year, that

there will be a negative balance on June 30 of the current fiscal

year in the Special Fund for Economic Uncertainties in an amount

equal to, or greater than, 1 percent of estimated General Fund

revenues.

  (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.

  (4) Whether the Director of Finance estimates that there will be a

negative balance in the Special Fund for Economic Uncertainties in

an amount equal to or greater than 1 percent of estimated General

Fund revenues in the current fiscal year.

  (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.


Section 9.  The proceeds from the sale of surplus state property

occurring on or after the effective date of this section, and any

proceeds from the previous sale of surplus state property that have

not been expended or encumbered as of that date, shall be used to pay

the principal and interest on bonds issued pursuant to the Economic

Recovery Bond Act authorized at the March 2, 2004, statewide primary

election.  Once the principal and interest on those bonds are fully

paid, the proceeds from the sale of surplus state property shall be

deposited into the Special Fund for Economic Uncertainties, or any

successor fund.  For purposes of this section, surplus state property

does not include property purchased with revenues described in

Article Nineteen or any other special fund moneys.

CALIFORNIA CONSTITUTION

ARTICLE 4  LEGISLATIVE


Section 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.


Section 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.


Section 2.  (A) (1) The Senate has a membership of 40 Senators elected

for 4-year terms, 20 to begin every 2 years.

  (2) The Assembly has a membership of 80 members elected for 2-year

terms.

  (3) The terms of a Senator or a Member of the Assembly shall

commence on the first Monday in December next following her or his

election.

  (4) During her or his lifetime a person may serve no more than 12

years in the Senate, the Assembly, or both, in any combination of

terms. This subdivision shall apply only to those Members of the

Senate or the Assembly who are first elected to the Legislature after

the effective date of this subdivision and who have not previously

served in the Senate or Assembly. Members of the Senate or Assembly

who were elected before the effective date of this subdivision may

serve only the number of terms allowed at the time of the last

election before the effective date of this subdivision.

  (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, and service of the full term of office to which the person

is seeking to be elected would not exceed the maximum years of

service permitted by subdivision (A) of this section.

  (d) When a vacancy occurs in the Legislature the Governor

immediately shall call an election to fill the vacancy.


Section 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.


Section 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.


Section 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.


Section 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 Two.


Section 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.


Section 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.


Section 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 Thirteen  B.


Section 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 Two, 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 Two.

  (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.


Section 8.5.  An act amending an initiative statute, an act providing

for the issuance of bonds, or a constitutional amendment proposed by

the Legislature and submitted to the voters for approval may not do

either of the following:

  (A) Include or exclude any political subdivision of the State from

the application or effect of its provisions based upon approval or

disapproval of the measure, or based upon the casting of a specified

percentage of votes in favor of the measure, by the electors of that

political subdivision.

  (b) Contain alternative or cumulative provisions wherein one or

more of those provisions would become law depending upon the casting

of a specified percentage of votes for or against the measure.


Section 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.


Section 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.

  (f) (1) If, following the enactment of the budget bill for the

2004-05 fiscal year or any subsequent fiscal year, the Governor

determines that, for that fiscal year, General Fund revenues will

decline substantially below the estimate of General Fund revenues

upon which the budget bill for that fiscal year, as enacted, was

based, or General Fund expenditures will increase substantially above

that estimate of General Fund revenues, or both, the Governor may

issue a proclamation declaring a fiscal emergency and shall thereupon

cause the Legislature to assemble in special session for this

purpose. The proclamation shall identify the nature of the fiscal

emergency and shall be submitted by the Governor to the Legislature,

accompanied by proposed legislation to address the fiscal emergency.

  (2) If the Legislature fails to pass and send to the Governor a

bill or bills to address the fiscal emergency by the 45th day

following the issuance of the proclamation, the Legislature may not

act on any other bill, nor may the Legislature adjourn for a joint

recess, until that bill or those bills have been passed and sent to

the Governor.

  (3) A bill addressing the fiscal emergency declared pursuant to

this section shall contain a statement to that effect.


Section 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.


Section 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) (1) The budget shall be accompanied by a budget bill itemizing

recommended expenditures.

  (2) The budget bill shall be introduced immediately in each house

by the persons chairing the committees that consider the budget.

  (3) The Legislature shall pass the budget bill by midnight on June

15 of each year.

  (4) 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 and appropriations in the

budget bill and in other bills providing for appropriations related

to the budget bill, are void unless passed in each house by rollcall

vote entered in the journal, two-thirds of the membership concurring.

  (e) (1) Notwithstanding any other provision of law or of this

Constitution, the budget bill and other bills providing for

appropriations related to the budget bill may be passed in each house

by rollcall vote entered in the journal, a majority of the

membership concurring, to take effect immediately upon being signed

by the Governor or upon a date specified in the legislation. Nothing

in this subdivision shall affect the vote requirement for

appropriations for the public schools contained in subdivision (d) of

this section and in subdivision (b) of Section 8 of this article.

  (2) For purposes of this section, "other bills providing for

appropriations related to the budget bill" shall consist only of

bills identified as related to the budget in the budget bill passed

by the Legislature.

  (f) The Legislature may control the submission, approval, and

enforcement of budgets and the filing of claims for all state

agencies.

  (g) For the 2004-05 fiscal year, or any subsequent fiscal year,

the Legislature may not send to the Governor for consideration, nor

may the Governor sign into law, a budget bill that would appropriate

from the General Fund, for that fiscal year, a total amount that,

when combined with all appropriations from the General Fund for that

fiscal year made as of the date of the budget bill's passage, and the

amount of any General Fund moneys transferred to the Budget

Stabilization Account for that fiscal year pursuant to Section 20 of

Article Sixteen, exceeds General Fund revenues for that fiscal year

estimated as of the date of the budget bill's passage. That estimate

of General Fund revenues shall be set forth in the budget bill passed

by the Legislature.

  (h) Notwithstanding any other provision of law or of this

Constitution, including subdivision (c) of this section, Section 4 of

this article, and Sections 4 and 8 of Article Three, in any year in

which the budget bill is not passed by the Legislature by midnight on

June 15, there shall be no appropriation from the current budget or

future budget to pay any salary or reimbursement for travel or living

expenses for Members of the Legislature during any regular or

special session for the period from midnight on June 15 until the day

that the budget bill is presented to the Governor. No salary or

reimbursement for travel or living expenses forfeited pursuant to

this subdivision shall be paid retroactively.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 19.  (A) The Legislature has no power to authorize lotteries,

and shall prohibit the sale of lottery tickets in the State.

  (b) The Legislature may provide for the regulation of horse races

and horse race meetings and wagering on the results.

  (c) Notwithstanding subdivision (A), the Legislature by statute

may authorize cities and counties to provide for bingo games, but

only for charitable purposes.

  (d) Notwithstanding subdivision (A), there is authorized the

establishment of a California State Lottery.

  (e) The Legislature has no power to authorize, and shall prohibit,

casinos of the type currently operating in Nevada and New Jersey.

  (f) Notwithstanding subdivisions (A) and (e), and any other

provision of state law, the Governor is authorized to negotiate and

conclude compacts, subject to ratification by the Legislature, for

the operation of slot machines and for the conduct of lottery games

and banking and percentage card games by federally recognized Indian

tribes on Indian lands in California in accordance with federal law.

Accordingly, slot machines, lottery games, and banking and percentage

card games are hereby permitted to be conducted and operated on

tribal lands subject to those compacts.

  (f) Notwithstanding subdivision (A), the Legislature may authorize

private, nonprofit, eligible organizations, as defined by the

Legislature, to conduct raffles as a funding mechanism to provide

support for their own or another private, nonprofit, eligible

organization's beneficial and charitable works, provided that (1) at

least 90 percent of the gross receipts from the raffle go directly to

beneficial or charitable purposes in California, and (2) any person

who receives compensation in connection with the operation of a

raffle is an employee of the private nonprofit organization that is

conducting the raffle. The Legislature, two-thirds of the membership

of each house concurring, may amend the percentage of gross receipts

required by this subdivision to be dedicated to beneficial or

charitable purposes by means of a statute that is signed by the

Governor.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 3.  The Governor shall report to the Legislature each calendar

year on the condition of the State and may make recommendations.


Section 4.  The Governor may require executive officers and agencies

and their employees to furnish information relating to their duties.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


No SECTION 12


Section 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.


Section 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 Four, 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 Four, 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


Section 1.  The judicial power of this State is vested in the Supreme

Court, courts of appeal, and superior courts, all of which are courts

of record.


Section 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.


Section 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.


Section 4.  In each county there is a superior court of one or more

judges.  The Legislature shall prescribe the number of judges and

provide for the officers and employees of each superior court.  If

the governing body of each affected county concurs, the Legislature

may provide that one or more judges serve more than one superior

court.

  In each superior court there is an appellate division.  The Chief

Justice shall assign judges to the appellate division for specified

terms pursuant to rules, not inconsistent with statute, adopted by

the Judicial Council to promote the independence of the appellate

division.


NO SECTION 5


Section 6.  (A) The Judicial Council consists of the Chief Justice and

one other judge of the Supreme Court, three judges of courts of

appeal, 10 judges of superior courts, two nonvoting court

administrators, and any other nonvoting members as determined by the

voting membership of the council, each appointed by the Chief Justice

for a three-year term pursuant to procedures established by the

council; four members of the State Bar appointed by its governing

body for three-year terms; and one member of each house of the

Legislature appointed as provided by the house.

  (b) Council membership terminates if a member ceases to hold the

position that qualified the member for appointment.  A vacancy shall

be filled by the appointing power for the remainder of the term.

  (c) The council may appoint an Administrative Director of the

Courts, who serves at its pleasure and performs functions delegated

by the council or the Chief Justice, other than adopting rules of

court administration, practice and procedure.

  (d) To improve the administration of justice the council shall

survey judicial business and make recommendations to the courts, make

recommendations annually to the Governor and Legislature, adopt

rules for court administration, practice and procedure, and perform

other functions prescribed by statute.  The rules adopted shall not

be inconsistent with statute.

  (e) The Chief Justice shall seek to expedite judicial business and

to equalize the work of judges.  The Chief Justice may provide for

the assignment of any judge to another court but only with the judge'

s consent if the court is of lower jurisdiction.  A retired judge who

consents may be assigned to any court.

  (f) Judges shall report to the council as the Chief Justice

directs concerning the condition of judicial business in their

courts.  They shall cooperate with the council and hold court as

assigned.


Section 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.


Section 8.  (A) The Commission on Judicial Performance consists of one

judge of a court of appeal and two judges of superior courts, each

appointed by the Supreme Court; two members of the State Bar of

California who have practiced law in this State for 10 years, each

appointed by the Governor; and six citizens who are not judges,

retired judges, or members of the State Bar of California, two of

whom shall be appointed by the Governor, two by the Senate Committee

on Rules, and two by the Speaker of the Assembly.  Except as provided

in subdivisions (b) and (c), all terms are for  four years.  No

member shall serve more than two four-year terms, or for more than a

total of 10 years if appointed to fill a vacancy.

  (b) Commission membership terminates if a member ceases to hold

the position that qualified the member for appointment.  A vacancy

shall be filled by the appointing power for the remainder of the

term.  A member whose term has expired may continue to serve until

the vacancy has been filled by the appointing power.  Appointing

powers may appoint members who are already serving on the commission

prior to March 1, 1995, to a single two-year term, but may not

appoint them to an additional term thereafter.

  (c) To create staggered terms among the members of the Commission

on Judicial Performance, the following members shall be appointed, as

follows:

  (1) Two members appointed by the Supreme Court to a term

commencing March 1, 1995, shall each serve a term of two years and

may be reappointed to one full term.

  (2) One attorney appointed by the Governor to a term commencing

March 1, 1995, shall serve a term of two years and may be reappointed

to one full term.

  (3) One citizen member appointed by the Governor to a term

commencing March 1, 1995, shall serve a term of two years and may be

reappointed to one full term.

  (4) One member appointed by the Senate Committee on Rules to a

term commencing March 1, 1995, shall serve a term of two years and

may be reappointed to one full term.

  (5) One member appointed by the Speaker of the Assembly to a term

commencing March 1, 1995, shall serve a term of two years and may be

reappointed to one full term.

  (6) All other members shall be appointed to full four-year terms

commencing March 1, 1995.


Section 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.


Section 10.  The Supreme Court, courts of appeal, superior courts, and

their judges have original jurisdiction in habeas corpus proceedings.

 Those courts also have original jurisdiction in proceedings for

extraordinary relief in the nature of mandamus, certiorari, and

prohibition.  The appellate division of the superior court has

original jurisdiction in proceedings for extraordinary relief in the

nature of mandamus, certiorari, and prohibition directed to the

superior court in causes subject to its appellate jurisdiction.

  Superior courts have original jurisdiction in all other causes.

  The court may make any comment on the evidence and the testimony

and credibility of any witness as in its opinion is necessary for the

proper determination of the cause.


Section 11.  (A) The Supreme Court has appellate jurisdiction when

judgment of death has been pronounced.  With that exception courts of

appeal have appellate jurisdiction when superior courts have

original jurisdiction in causes of a type within the appellate

jurisdiction of the courts of appeal on June 30, 1995, and in other

causes prescribed by statute.  When appellate jurisdiction in civil

causes is determined by the amount in controversy, the Legislature

may change the appellate jurisdiction of the courts of appeal by

changing the jurisdictional amount in controversy.

  (b) Except as provided in subdivision (A), the appellate division

of the superior court has appellate jurisdiction in causes prescribed

by statute.

  (c) The Legislature may permit courts exercising appellate

jurisdiction to take evidence and make findings of fact when jury

trial is waived or not a matter of right.


Section 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.


Section 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.


Section 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.


Section 15.  A person is ineligible to be a judge of a court of record

unless for 10 years immediately preceding selection, the person has

been a member of the State Bar or served as a judge of a court of

record in this State.


Section 16.  (A) Judges of the Supreme Court shall be elected at large

and judges of courts of appeal shall be elected in their districts at

general elections at the same time and places as the Governor.

Their terms are 12 years beginning the Monday after January 1

following their election, except that a judge elected to an unexpired

term serves the remainder of the term.  In creating a new court of

appeal district or division the Legislature shall provide that the

first elective terms are 4, 8, and 12 years.

  (b) Judges of superior courts shall be elected in their counties

at general elections except as otherwise necessary to meet the

requirements of federal law.  In the latter case the Legislature, by

two-thirds vote of the membership of each house thereof, with the

advice of judges within the affected court, may provide for their

election by the system prescribed in subdivision (d), or by any other

arrangement.  The Legislature may provide that an unopposed

incumbent's name not appear on the ballot.

  (c) Terms of judges of superior courts are six years beginning the

Monday after January 1 following their election.  A vacancy shall be

filled by election to a full term at the next general election after

the second January 1 following the vacancy, but the Governor shall

appoint a person to fill the vacancy temporarily until the elected

judge's term begins.

  (d) (1) Within 30 days before August 16 preceding the expiration

of the judge's term, a judge of the Supreme Court or a court of

appeal may file a declaration of candidacy to succeed to the office

presently held by the judge. If the declaration is not filed, the

Governor before September 16 shall nominate a candidate.  At the next

general election, only the candidate so declared or nominated may

appear on the ballot, which shall present the question whether the

candidate shall be elected.  The candidate shall be elected upon

receiving a majority of the votes on the question.  A candidate not

elected may not be appointed to that court but later may be nominated

and elected.

  (2) The Governor shall fill vacancies in those courts by

appointment.  An appointee holds office until the Monday after

January 1 following the first general election at which the appointee

had the right to become a candidate or until an elected judge

qualifies.  A nomination or appointment by the Governor is effective

when confirmed by the Commission on Judicial Appointments.

  (3) Electors of a county, by majority of those voting and in a

manner the Legislature shall provide, may make this system of

selection applicable to judges of superior courts.


Section 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.


Section 18.  (A) A judge is disqualified from acting as a judge,

without loss of salary, while there is pending (1) an indictment or

an information charging the judge in the United States with a crime

punishable as a felony under California or federal law, or (2) a

petition to the Supreme Court to review a determination by the

Commission on Judicial Performance to remove or retire a judge.

  (b) The Commission on Judicial Performance may disqualify a judge

from acting as a judge, without loss of salary, upon notice of formal

proceedings by the commission charging the judge with judicial

misconduct or disability.

  (c) The Commission on Judicial Performance shall suspend a judge

from office without salary when in the United States the judge pleads

guilty or no contest or is found guilty of a crime punishable as a

felony under California or federal law or of any other crime that

involves moral turpitude under that law.  If the conviction is

reversed, suspension terminates, and the judge shall be paid the

salary for the judicial office held by the judge for the period of

suspension.  If the judge is suspended and the conviction becomes

final, the Commission on Judicial Performance shall remove the judge

from office.

  (d) Except as provided in subdivision (f), the Commission on

Judicial Performance may (1) retire a judge for disability that

seriously interferes with the performance of the judge's duties and

is or is likely to become permanent, or (2) censure a judge or former

judge or remove a judge for action occurring not more than 6 years

prior to the commencement of the judge's current term or of the

former judge's last term that constitutes willful misconduct in

office, persistent failure or inability to perform the judge's

duties, habitual intemperance in the use of intoxicants or drugs, or

conduct prejudicial to the administration of justice that brings the

judicial office into disrepute, or (3) publicly or privately admonish

a judge or former judge found to have engaged in an improper action

or dereliction of duty.  The commission may also bar a former judge

who has been censured from receiving an assignment, appointment, or

reference of work from any California state court. Upon petition by

the judge or former judge, the Supreme Court may, in its discretion,

grant review of a determination by the commission to retire, remove,

censure, admonish, or disqualify pursuant to subdivision (b) a judge

or former judge.  When the Supreme Court reviews a determination of

the commission, it may make an independent review of the record.  If

the Supreme Court has not acted within 120 days after granting the

petition, the decision of the commission shall be final.

  (e) A judge retired by the commission shall be considered to have

retired voluntarily.  A judge removed by the commission is ineligible

for judicial office, including receiving an assignment, appointment,

or reference of work from any California state court, and pending

further order of the court is suspended from practicing law in this

State.  The State Bar may institute appropriate attorney disciplinary

proceedings against any judge who retires or resigns from office

with judicial disciplinary charges pending.

  (f) A determination by the Commission on Judicial Performance to

admonish or censure a judge or former judge of the Supreme Court or

remove or retire a judge of the Supreme Court shall be reviewed by a

tribunal of 7 court of appeal judges selected by lot.

  (g) No court, except the Supreme Court, shall have jurisdiction in

a civil action or other legal proceeding of any sort brought against

the commission by a judge.  Any request for injunctive relief or

other provisional remedy shall be granted or denied within 90 days of

the filing of the request for relief.  A failure to comply with the

time requirements of this section does not affect the validity of

commission proceedings.

  (h) Members of the commission, the commission staff, and the

examiners and investigators employed by the commission shall be

absolutely immune from suit for all conduct at any time in the course

of their official duties.  No civil action may be maintained against

a person, or adverse employment action taken against a person, by

any employer, public or private, based on statements presented by the

person to the commission.

  (i) The Commission on Judicial Performance shall make rules

implementing this section, including, but not limited to, the

following:

  (1) The commission shall make rules for the investigation of

judges.  The commission may provide for the confidentiality of

complaints to and investigations by the commission.

  (2) The commission shall make rules for formal proceedings against

judges when there is cause to believe there is a disability or

wrongdoing within the meaning of subdivision (d).

  (j) When the commission institutes formal proceedings, the notice

of charges, the answer, and all subsequent papers and proceedings

shall be open to the public for all formal proceedings instituted

after February 28, 1995.

  (k) The commission may make explanatory statements.

  (l) The budget of the commission shall be separate from the budget

of any other state agency or court.

  (m) The Supreme Court shall make rules for the conduct of judges,

both on and off the bench, and for judicial candidates in the conduct

of their campaigns.  These rules shall be referred to as the Code of

Judicial Ethics.


Section 18.1.  The Commission on Judicial Performance shall exercise

discretionary jurisdiction with regard to the oversight and

discipline of subordinate judicial officers, according to the same

standards, and subject to review upon petition to the Supreme Court,

as specified in Section 18.

  No person who has been found unfit to serve as a subordinate

judicial officer after a hearing before the Commission on Judicial

Performance shall have the requisite status to serve as a subordinate

judicial officer.

  This section does not diminish or eliminate the responsibility of

a court to exercise initial jurisdiction to discipline or dismiss a

subordinate judicial officer as its employee.


NO SECTIONS 18.2 – 18.4


Section 18.5.  (A) Upon request, the Commission on Judicial Performance

shall provide to the Governor of any State of the Union the text of

any private admonishment, advisory letter, or other disciplinary

action together with any information that the Commission on Judicial

Performance deems necessary to a full understanding of the commission'

s action, with respect to any applicant whom the Governor of any

State of the Union indicates is under consideration for any judicial

appointment.

  (b) Upon request, the Commission on Judicial Performance shall

provide the President of the United States the text of any private

admonishment, advisory letter, or other disciplinary action together

with any information that the Commission on Judicial Performance

deems necessary to a full understanding of the commission's action,

with respect to any applicant whom the President indicates is under

consideration for any federal judicial appointment.

  (c) Upon request, the Commission on Judicial Performance shall

provide the Commission on Judicial Appointments the text of any

private admonishment, advisory letter, or other disciplinary action

together with any information that the Commission on Judicial

Performance deems necessary to a full understanding of the commission

action, with respect to any applicant whom the Commission on

Judicial Appointments indicates is under consideration for any

judicial appointment.

  (d) All information released under this section shall remain

confidential and privileged.

  (e) Notwithstanding subdivision (d), any information released

pursuant to this section shall also be provided to the applicant

about whom the information was requested.

  (f) "Private admonishment" refers to a disciplinary action against

a judge by the Commission on Judicial Performance as authorized by

subdivision (c) of Section 18 of Article Six, as amended November 8,

1988.


NO SECTION 18.6 - 18


Section 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.


Section 20.  The Legislature shall provide for retirement, with

reasonable allowance, of judges of courts of record for age or

disability.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 6.  (A) The Legislature may provide preferences for veterans

and their surviving spouses.

  (b) The board by special rule may permit persons in exempt

positions, brought under civil service by constitutional provision,

to qualify to continue in their positions.

  (c) When the State undertakes work previously performed by a

county, city, public district of this State or by a federal

department or agency, the board by special rule shall provide for

persons who previously performed this work to qualify to continue in

their positions in the state civil service subject to such minimum

standards as may be established by statute.


ARTICLE 7  PUBLIC OFFICERS AND EMPLOYEES


Section 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.


Section 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.


Section 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.


Section 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.


Section 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 9  EDUCATION


SECTION 1.  A general diffusion of knowledge and intelligence being

essential to the preservation of the rights and liberties of the

people, the Legislature shall encourage by all suitable means the

promotion of intellectual, scientific, moral, and agricultural

improvement.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


NO SECTION 4


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


NO SECTION 11 - 13


Section 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.


NO SECTION 15


Section 16.  (A) It shall be competent, in all charters framed under

the authority given by Section 5 of Article Eleven, 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 Eleven, 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.

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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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 Six, Section

12 of the Constitution.


Section 7.  State agencies shall exercise their authorized powers in a

manner consistent with the protections provided by this article.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 15.  This article does not preempt or supersede any other

closures to protect any other wildlife, including sea otters, whales,

and shorebirds.


Section 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


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 7.5.  (A) A city or county measure proposed by the legislative

body of a city, charter city, county, or charter county and submitted

to the voters for approval may not do either of the following:

  (1) Include or exclude any part of the city, charter city, county,

or charter county from the application or effect of its provisions

based upon approval or disapproval of the city or county measure, or

based upon the casting of a specified percentage of votes in favor of

the measure, by the electors of the city, charter city, county,

charter county, or any part thereof.

  (2) Contain alternative or cumulative provisions wherein one or

more of those provisions would become law depending upon the casting

of a specified percentage of votes for or against the measure.

  (b) "City or county measure," as used in this section, means an

advisory question, proposed charter or charter amendment, ordinance,

proposition for the issuance of bonds, or other question or

proposition submitted to the voters of a city, or to the voters of a

county at an election held throughout an entire single county.


Section 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.


Section 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.


Section 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.


Section 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.


Section 12.  The Legislature may prescribe procedure for presentation,

consideration, and enforcement of claims against counties, cities,

their officers, agents, or employees.


Section 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.


Section 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.


Section 15.  (A) From the revenues derived from taxes imposed pursuant

to the Vehicle License Fee Law (Part 5 (commencing with Section

10701) of Division 2 of the Revenue and Taxation Code), or its

successor, other than fees on trailer coaches and mobilehomes, over

and above the costs of collection and any refunds authorized by law,

those revenues derived from that portion of the vehicle license fee

rate that does not exceed 0.65 percent of the market value of the

vehicle shall be allocated as follows:

  (1) An amount shall be specified in the Vehicle License Fee Law,

or the successor to that law, for deposit in the State Treasury to

the credit of the Local Revenue Fund established in Chapter 6

(commencing with Section 17600) of Part 5 of Division 9 of the

Welfare and Institutions Code, or its successor, if any, for

allocation to cities, counties, and cities and counties as otherwise

provided by law.

  (2) The balance shall be allocated to cities, counties, and cities

and counties as otherwise provided by law.

  (b) If a statute enacted by the Legislature reduces the annual

vehicle license fee below 0.65 percent of the market value of a

vehicle, the Legislature shall, for each fiscal year for which that

reduced fee applies, provide by statute for the allocation of an

additional amount of money that is equal to the decrease, resulting

from the fee reduction, in the total amount of revenues that are

otherwise required to be deposited and allocated under subdivision

(A) for that same fiscal year.  That amount shall be allocated to

cities, counties, and cities and counties in the same pro rata

amounts and for the same purposes as are revenues subject to

subdivision (A).

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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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


Section 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.


Section 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.


Section 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 1 1/4 of this article had it not

been repealed shall lose eligibility for the exemption as a result of

this amendment.


Section 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.


Section 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).


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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 Sections 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.


Section 12.  (A) Except as provided in subdivision (b), taxes on

personal property, possessory interests 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.


Section 13.  Land and improvements shall be separately assessed.


Section 14.  All property taxed by local government shall be assessed

in the county, city, and district in which it is situated.


Section 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 20.  The Legislature may provide maximum property tax rates and

bonding limits for local governments.


Section 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.


Section 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.


Section 23.  If state boundaries change, the Legislature shall

determine how property affected shall be taxed.


Section 24.  (A) The Legislature may not impose taxes for local

purposes but may authorize local governments to impose them.

  (b) The Legislature may not reallocate, transfer, borrow,

appropriate, restrict the use of, or otherwise use the proceeds of

any tax imposed or levied by a local government solely for the local

government's purposes.

   (c) Money appropriated from state funds to a local government for

its local purposes may be used as provided by law.

  (d) Money subvened to a local government under Section 25 may be

used for state or local purposes.


Section 25.  The Legislature shall provide, in the same fiscal year,

reimbursements to each local government for revenue lost because of

Section 3(k).


Section 25.5.  (A) On or after November 3, 2004, the Legislature shall

not enact a statute to do any of the following:

  (1) (A) Except as otherwise provided in subparagraph (B), modify

the manner in which ad valorem property tax revenues are allocated in

accordance with subdivision (A) of Section 1 of Article Thirteen  A so as

to reduce for any fiscal year the percentage of the total amount of

ad valorem property tax revenues in a county that is allocated among

all of the local agencies in that county below the percentage of the

total amount of those revenues that would be allocated among those

agencies for the same fiscal year under the statutes in effect on

November 3, 2004. For purposes of this subparagraph, "percentage"

does not include any property tax revenues referenced in paragraph

(2).

  (B) In the 2009-10 fiscal year only, and except as otherwise

provided in subparagraph (C), subparagraph (A) may be suspended for

that fiscal year if all of the following conditions are met:

  (i) The Governor issues a proclamation that declares that, due to

a severe state fiscal hardship, the suspension of subparagraph (A) is

necessary.

  (ii) The Legislature enacts an urgency statute, pursuant to a bill

passed in each house of the Legislature by rollcall vote entered in

the journal, two-thirds of the membership concurring, that contains a

suspension of subparagraph (A) for that fiscal year and does not

contain any other provision.

  (iii) No later than the effective date of the statute described in

clause (ii), a statute is enacted that provides for the full

repayment to local agencies of the total amount of revenue losses,

including interest as provided by law, resulting from the

modification of ad valorem property tax revenue allocations to local

agencies. This full repayment shall be made not later than the end of

the third fiscal year immediately following the fiscal year to which

the modification applies.

  (C) A suspension of subparagraph (A) shall not result in a total

ad valorem property tax revenue loss to all local agencies within a

county that exceeds 8 percent of the total amount of ad valorem

property tax revenues that were allocated among all local agencies

within that county for the fiscal year immediately preceding the

fiscal year for which subparagraph (A) is suspended.

  (2) (A) Except as otherwise provided in subparagraphs (B) and (C),

restrict the authority of a city, county, or city and county to

impose a tax rate under, or change the method of distributing

revenues derived under, the Bradley-Burns Uniform Local Sales and Use

Tax Law set forth in Part 1.5 (commencing with Section 7200) of

Division 2 of the Revenue and Taxation Code, as that law read on

November 3, 2004. The restriction imposed by this subparagraph also

applies to the entitlement of a city, county, or city and county to

the change in tax rate resulting from the end of the revenue exchange

period, as defined in Section 7203.1 of the Revenue and Taxation

Code as that section read on November 3, 2004.

  (B) The Legislature may change by statute the method of

distributing the revenues derived under a use tax imposed pursuant to

the Bradley-Burns Uniform Local Sales and Use Tax Law to allow the

State to participate in an interstate compact or to comply with

federal law.

  (C) The Legislature may authorize by statute two or more

specifically identified local agencies within a county, with the

approval of the governing body of each of those agencies, to enter

into a contract to exchange allocations of ad valorem property tax

revenues for revenues derived from a tax rate imposed under the

Bradley-Burns Uniform Local Sales and Use Tax Law. The exchange under

this subparagraph of revenues derived from a tax rate imposed under

that law shall not require voter approval for the continued

imposition of any portion of an existing tax rate from which those

revenues are derived.

  (3) Except as otherwise provided in subparagraph (C) of paragraph

(2), change for any fiscal year the pro rata shares in which ad

valorem property tax revenues are allocated among local agencies in a

county other than pursuant to a bill passed in each house of the

Legislature by rollcall vote entered in the journal, two-thirds of

the membership concurring. The Legislature shall not change the pro

rata shares of ad valorem property tax pursuant to this paragraph,

nor change the allocation of the revenues described in Section 15 of

Article Eleven, to reimburse a local government when the Legislature or

any state agency mandates a new program or higher level of service on

that local government.

  (4) Extend beyond the revenue exchange period, as defined in

Section 7203.1 of the Revenue and Taxation Code as that section read

on November 3, 2004, the suspension of the authority, set forth in

that section on that date, of a city, county, or city and county to

impose a sales and use tax rate under the Bradley-Burns Uniform Local

Sales and Use Tax Law.

  (5) Reduce, during any period in which the rate authority

suspension described in paragraph (4) is operative, the payments to a

city, county, or city and county that are required by Section 97.68

of the Revenue and Taxation Code, as that section read on November 3,

2004.

  (6) Restrict the authority of a local entity to impose a

transactions and use tax rate in accordance with the Transactions and

Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2

of the Revenue and Taxation Code), or change the method for

distributing revenues derived under a transaction and use tax rate

imposed under that law, as it read on November 3, 2004.

  (7) Require a community redevelopment agency (A) to pay, remit,

loan, or otherwise transfer, directly or indirectly, taxes on ad

valorem real property and tangible personal property allocated to the

agency pursuant to Section 16 of Article Sixteen to or for the benefit

of the State, any agency of the State, or any jurisdiction; or (B) to

use, restrict, or assign a particular purpose for such taxes for the

benefit of the State, any agency of the State, or any jurisdiction,

other than (i) for making payments to affected taxing agencies

pursuant to Sections 33607.5 and 33607.7 of the Health and Safety

Code or similar statutes requiring such payments, as those statutes

read on January 1, 2008, or (ii) for the purpose of increasing,

improving, and preserving the supply of low and moderate income

housing available at affordable housing cost.

  (b) For purposes of this section, the following definitions apply:

  (1) "Ad valorem property tax revenues" means all revenues derived

from the tax collected by a county under subdivision (A) of Section 1

of Article Thirteen  A, regardless of any of this revenue being otherwise

classified by statute.

  (2) "Local agency" has the same meaning as specified in Section 95

of the Revenue and Taxation Code as that section read on November 3,

2004.

  (3) "Jurisdiction" has the same meaning as specified in Section 95

of the Revenue and Taxation Code as that section read on November 3,

2004.


Section 26.  (A) Taxes on or measured by income may be imposed on

persons, corporations, or other entities as prescribed by law.

  (b) Interest on bonds issued by the State or a local government in

the State is exempt from taxes on income.

  (c) Income of a nonprofit educational institution of collegiate

grade within the State of California is exempt from taxes on or

measured by income if both of the following conditions are met:

  (1) The income is not unrelated business income as defined by the

Legislature.

  (2) The income is used exclusively for educational purposes.

  (d) A nonprofit organization that is exempted from taxation by

Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of

the Revenue and Taxation Code or Subchapter F (commencing with

Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code

of 1986, or the successor of either, is exempt from any business

license tax or fee measured by income or gross receipts that is

levied by a county or city, whether charter or general law, a city

and county, a school district, a special district, or any other local

agency.


Section 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.


Section 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.


Section 29.  (A) The Legislature may authorize counties, cities and

counties, and cities to enter into contracts to apportion between

them the revenue derived from any sales or use tax imposed by them

that is collected for them by the State. Before the contract becomes

operative, it shall be authorized by a majority of those voting on

the question in each jurisdiction at a general or direct primary

election.

  (b) Notwithstanding subdivision (A), on and after the operative

date of this subdivision, counties, cities and counties, and cities

may enter into contracts to apportion between them the revenue

derived from any sales or use tax imposed by them pursuant to the

Bradley-Burns Uniform Local Sales and Use Tax Law, or any successor

provisions, that is collected for them by the State, if the ordinance

or resolution proposing each contract is approved by a two-thirds

vote of the governing body of each jurisdiction that is a party to

the contract.


Section 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.


Section 31.  The power to tax may not be surrendered or suspended by

grant or contract.


Section 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.


Section 33.  The Legislature shall pass all laws necessary to carry out

the provisions of this article.


Section 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.


Section 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 Thirteen  B or State General Fund proceeds of taxes

within the meaning of Article Sixteen.

  (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 Two.


Section 36.  (A) For purposes of this section:

  (1) "Public Safety Services" includes the following:

  (A) Employing and training public safety officials, including law

enforcement personnel, attorneys assigned to criminal proceedings,

and court security staff.

  (B) Managing local jails and providing housing, treatment, and

services for, and supervision of, juvenile and adult offenders.

  (C) Preventing child abuse, neglect, or exploitation; providing

services to children and youth who are abused, neglected, or

exploited, or who are at risk of abuse, neglect, or exploitation, and

the families of those children; providing adoption services; and

providing adult protective services.

  (D) Providing mental health services to children and adults to

reduce failure in school, harm to self or others, homelessness, and

preventable incarceration or institutionalization.

  (E) Preventing, treating, and providing recovery services for

substance abuse.

  (2) "2011 Realignment Legislation" means legislation enacted on or

before September 30, 2012, to implement the state budget plan, that

is entitled 2011 Realignment and provides for the assignment of

Public Safety Services responsibilities to local agencies, including

related reporting responsibilities. The legislation shall provide

local agencies with maximum flexibility and control over the design,

administration, and delivery of Public Safety Services consistent

with federal law and funding requirements, as determined by the

Legislature. However, 2011 Realignment Legislation shall include no

new programs assigned to local agencies after January 1, 2012, except

for the early periodic screening, diagnosis, and treatment (EPSDT)

program and mental health managed care.

  (b) (1) Except as provided in subdivision (d), commencing in the

2011-12 fiscal year and continuing thereafter, the following amounts

shall be deposited into the Local Revenue Fund 2011, as established

by Section 30025 of the Government Code, as follows:

  (A) All revenues, less refunds, derived from the taxes described

in Sections 6051.15 and 6201.15 of the Revenue and Taxation Code, as

those sections read on July 1, 2011.

  (B) All revenues, less refunds, derived from the vehicle license

fees described in Section 11005 of the Revenue and Taxation Code, as

that section read on July 1, 2011.

  (2) On and after July 1, 2011, the revenues deposited pursuant to

paragraph (1) shall not be considered General Fund revenues or

proceeds of taxes for purposes of Section 8 of Article Sixteen of the

California Constitution.

  (c) (1) Funds deposited in the Local Revenue Fund 2011 are

continuously appropriated exclusively to fund the provision of Public

Safety Services by local agencies. Pending full implementation of

the 2011 Realignment Legislation, funds may also be used to reimburse

the State for program costs incurred in providing Public Safety

Services on behalf of local agencies. The methodology for allocating

funds shall be as specified in the 2011 Realignment Legislation.

  (2) The county treasurer, city and county treasurer, or other

appropriate official shall create a County Local Revenue Fund 2011

within the treasury of each county or city and county. The money in

each County Local Revenue Fund 2011 shall be exclusively used to fund

the provision of Public Safety Services by local agencies as

specified by the 2011 Realignment Legislation.

  (3) Notwithstanding Section 6 of Article Thirteen  B, or any other

constitutional provision, a mandate of a new program or higher level

of service on a local agency imposed by the 2011 Realignment

Legislation, or by any regulation adopted or any executive order or

administrative directive issued to implement that legislation, shall

not constitute a mandate requiring the State to provide a subvention

of funds within the meaning of that section. Any requirement that a

local agency comply with Chapter 9 (commencing with Section 54950) of

Part 1 of Division 2 of Title 5 of the Government Code, with respect

to performing its Public Safety Services responsibilities, or any

other matter, shall not be a reimbursable mandate under Section 6 of

Article Thirteen B.

  (4) (A) Legislation enacted after September 30, 2012, that has an

overall effect of increasing the costs already borne by a local

agency for programs or levels of service mandated by the 2011

Realignment Legislation shall apply to local agencies only to the

extent that the State provides annual funding for the cost increase.

Local agencies shall not be obligated to provide programs or levels

of service required by legislation, described in this subparagraph,

above the level for which funding has been provided.

  (B) Regulations, executive orders, or administrative directives,

implemented after October 9, 2011, that are not necessary to

implement the 2011 Realignment Legislation, and that have an overall

effect of increasing the costs already borne by a local agency for

programs or levels of service mandated by the 2011 Realignment

Legislation, shall apply to local agencies only to the extent that

the State provides annual funding for the cost increase. Local

agencies shall not be obligated to provide programs or levels of

service pursuant to new regulations, executive orders, or

administrative directives, described in this subparagraph, above the

level for which funding has been provided.

  (C) Any new program or higher level of service provided by local

agencies, as described in subparagraphs (A) and (B), above the level

for which funding has been provided, shall not require a subvention

of funds by the State nor otherwise be subject to Section 6 of

Article Thirteen B. This paragraph shall not apply to legislation

currently exempt from subvention under paragraph (2) of subdivision

(A) of Section 6 of Article Thirteen B as that paragraph read on January

2, 2011.

  (D) The State shall not submit to the federal government any plans

or waivers, or amendments to those plans or waivers, that have an

overall effect of increasing the cost borne by a local agency for

programs or levels of service mandated by the 2011 Realignment

Legislation, except to the extent that the plans, waivers, or

amendments are required by federal law, or the State provides annual

funding for the cost increase.

  (E) The State shall not be required to provide a subvention of

funds pursuant to this paragraph for a mandate that is imposed by the

State at the request of a local agency or to comply with federal

law. State funds required by this paragraph shall be from a source

other than those described in subdivisions (b) and (d), ad valorem

property taxes, or the Social Services Subaccount of the Sales Tax

Account of the Local Revenue Fund.

  (5) (A) For programs described in subparagraphs (C) to (E),

inclusive, of paragraph (1) of subdivision (A) and included in the

2011 Realignment Legislation, if there are subsequent changes in

federal statutes or regulations that alter the conditions under which

federal matching funds as described in the 2011 Realignment

Legislation are obtained, and have the overall effect of increasing

the costs incurred by a local agency, the State shall annually

provide at least 50 percent of the nonfederal share of those costs as

determined by the State.

  (B) When the State is a party to any complaint brought in a

federal judicial or administrative proceeding that involves one or

more of the programs described in subparagraphs (C) to (E),

inclusive, of paragraph (1) of subdivision (A) and included in the

2011 Realignment Legislation, and there is a settlement or judicial

or administrative order that imposes a cost in the form of a monetary

penalty or has the overall effect of increasing the costs already

borne by a local agency for programs or levels of service mandated by

the 2011 Realignment Legislation, the State shall annually provide

at least 50 percent of the nonfederal share of those costs as

determined by the State. Payment by the State is not required if the

State determines that the settlement or order relates to one or more

local agencies failing to perform a ministerial duty, failing to

perform a legal obligation in good faith, or acting in a negligent or

reckless manner.

  (C) The state funds provided in this paragraph shall be from

funding sources other than those described in subdivisions (b) and

(d), ad valorem property taxes, or the Social Services Subaccount of

the Sales Tax Account of the Local Revenue Fund.

  (6) If the State or a local agency fails to perform a duty or

obligation under this section or under the 2011 Realignment

Legislation, an appropriate party may seek judicial relief. These

proceedings shall have priority over all other civil matters.

  (7) The funds deposited into a County Local Revenue Fund 2011

shall be spent in a manner designed to maintain the State's

eligibility for federal matching funds, and to ensure compliance by

the State with applicable federal standards governing the State's

provision of Public Safety Services.

  (8) The funds deposited into a County Local Revenue Fund 2011

shall not be used by local agencies to supplant other funding for

Public Safety Services.

  (d) If the taxes described in subdivision (b) are reduced or cease

to be operative, the State shall annually provide moneys to the

Local Revenue Fund 2011 in an amount equal to or greater than the

aggregate amount that otherwise would have been provided by the taxes

described in subdivision (b). The method for determining that amount

shall be described in the 2011 Realignment Legislation, and the

State shall be obligated to provide that amount for so long as the

local agencies are required to perform the Public Safety Services

responsibilities assigned by the 2011 Realignment Legislation. If the

State fails to annually appropriate that amount, the Controller

shall transfer that amount from the General Fund in pro rata monthly

shares to the Local Revenue Fund 2011. Thereafter, the Controller

shall disburse these amounts to local agencies in the manner directed

by the 2011 Realignment Legislation. The state obligations under

this subdivision shall have a lower priority claim to General Fund

money than the first priority for money to be set apart under Section

8 of Article Sixteen and the second priority to pay voter-approved debts

and liabilities described in Section 1 of Article Sixteen.

  (e) (1) To ensure that public education is not harmed in the

process of providing critical protection to local Public Safety

Services, the Education Protection Account is hereby created in the

General Fund to receive and disburse the revenues derived from the

incremental increases in taxes imposed by this section, as specified

in subdivision (f).

  (2) (A) Before June 30, 2013, and before June 30 of each year from

2014 to 2018, inclusive, the Director of Finance shall estimate the

total amount of additional revenues, less refunds, that will be

derived from the incremental increases in tax rates made in

subdivision (f) that will be available for transfer into the

Education Protection Account during the next fiscal year. The

Director of Finance shall make the same estimate by January 10, 2013,

for additional revenues, less refunds, that will be received by the

end of the 2012-13 fiscal year.

  (B) During the last 10 days of the quarter of each of the first

three quarters of each fiscal year from 2013-14 to 2018-19,

inclusive, the Controller shall transfer into the Education

Protection Account one-fourth of the total amount estimated pursuant

to subparagraph (A) for that fiscal year, except as this amount may

be adjusted pursuant to subparagraph (D).

  (C) In each of the fiscal years from 2012-13 to 2020-21,

inclusive, the Director of Finance shall calculate an adjustment to

the Education Protection Account, as specified by subparagraph (D),

by adding together the following amounts, as applicable:

  (i) In the last quarter of each fiscal year from 2012-13 to

2018-19, inclusive, the Director of Finance shall recalculate the

estimate made for the fiscal year pursuant to subparagraph (A), and

shall subtract from this updated estimate the amounts previously

transferred to the Education Protecion Account for that fiscal year.

  (ii) In June 2015 and in every June from 2016 to 2021, inclusive,

the Director of Finance shall make a final determination of the

amount of additional revenues, less refunds, derived from the

incremental increases in tax rates made in subdivision (f) for the

fiscal year ending two years prior. The amount of the updated

estimate calculated in clause (i) for the fiscal year ending two

years prior shall be subtracted from the amount of this final

determination.

  (D) If the sum determined pursuant to subparagraph (C) is

positive, the Controller shall transfer an amount equal to that sum

into the Education Protection Account within 10 days preceding the

end of the fiscal year. If that amount is negative, the Controller

shall suspend or reduce subsequent quarterly transfers, if any, to

the Education Protection Account until the total reduction equals the

negative amount herein described. For purposes of any calculation

made pursuant to clause (i) of subparagraph (C), the amount of a

quarterly transfer shall not be modified to reflect any suspension or

reduction made pursuant to this subparagraph.

  (3) All moneys in the Education Protection Account are hereby

continuously appropriated for the support of school districts, county

offices of education, charter schools, and community college

districts as set forth in this paragraph.

  (A) Eleven percent of the moneys appropriated pursuant to this

paragraph shall be allocated quarterly by the Board of Governors of

the California Community Colleges to community college districts to

provide general purpose funding to community college districts in

proportion to the amounts determined pursuant to Section 84750.5 of

the Education Code, as that code section read upon voter approval of

this section. The allocations calculated pursuant to this

subparagraph shall be offset by the amounts specified in subdivisions

(A), (c), and (d) of Section 84751 of the Education Code, as that

section read upon voter approval of this section, that are in excess

of the amounts calculated pursuant to Section 84750.5 of the

Education Code, as that section read upon voter approval of this

section, provided that no community college district shall receive

less than one hundred dollars ($100) per full time equivalent

student.

  (B) Eighty-nine percent of the moneys appropriated pursuant to

this paragraph shall be allocated quarterly by the Superintendent of

Public Instruction to provide general purpose funding to school

districts, county offices of education, and state general-purpose

funding to charter schools in proportion to the revenue limits

calculated pursuant to Sections 2558 and 42238 of the Education Code

and the amounts calculated pursuant to Section 47633 of the Education

Code for county offices of education, school districts, and charter

schools, respectively, as those sections read upon voter approval of

this section. The amounts so calculated shall be offset by the

amounts specified in subdivision (c) of Section 2558 of, paragraphs

(1) through (7) of subdivision (h) of Section 42238 of, and Section

47635 of, the Education Code for county offices of education, school

districts, and charter schools, respectively, as those sections read

upon voter approval of this section, that are in excess of the

amounts calculated pursuant to Sections 2558, 42238, and 47633 of the

Education Code for county offices of education, school districts,

and charter schools, respectively, as those sections read upon voter

approval of this section, provided that no school district, county

office of education, or charter school shall receive less than two

hundred dollars ($200) per unit of average daily attendance.

  (4) This subdivision is self-executing and requires no legislative

action to take effect. Distribution of the moneys in the Education

Protection Account by the Board of Governors of the California

Community Colleges and the Superintendent of Public Instruction shall

not be delayed or otherwise affected by failure of the Legislature

and Governor to enact an annual budget bill pursuant to Section 12 of

Article Four, by invocation of paragraph (h) of Section 8 of Article

Sixteen, or by any other action or failure to act by the Legislature or

Governor.

  (5) Notwithstanding any other provision of law, the moneys

deposited in the Education Protection Account shall not be used to

pay any costs incurred by the Legislature, the Governor, or any

agency of state government.

  (6) A community college district, county office of education,

school district, or charter school shall have sole authority to

determine how the moneys received from the Education Protection

Account are spent in the school or schools within its jurisdiction,

provided, however, that the appropriate governing board or body shall

make these spending determinations in open session of a public

meeting of the governing board or body and shall not use any of the

funds from the Education Protection Account for salaries or benefits

of administrators or any other administrative costs. Each community

college district, county office of education, school district, and

charter school shall annually publish on its Internet Web site an

accounting of how much money was received from the Education

Protection Account and how that money was spent.

  (7) The annual independent financial and compliance audit required

of community college districts, county offices of education, school

districts, and charter schools shall, in addition to all other

requirements of law, ascertain and verify whether the funds provided

from the Education Protection Account have been properly disbursed

and expended as required by this section. Expenses incurred by those

entities to comply with the additional audit requirement of this

section may be paid with funding from the Education Protection

Account, and shall not be considered administrative costs for

purposes of this section.

  (8) Revenues, less refunds, derived pursuant to subdivision (f)

for deposit in the Education Protection Account pursuant to this

section shall be deemed "General Fund revenues," "General Fund

proceeds of taxes," and "moneys to be applied by the State for the

support of school districts and community college districts" for

purposes of Section 8 of Article Sixteen.

  (f) (1) (A) In addition to the taxes imposed by Part 1 (commencing

with Section 6001) of Division 2 of the Revenue and Taxation Code,

for the privilege of selling tangible personal property at retail, a

tax is hereby imposed upon all retailers at the rate of 1/4 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, 2013, and before January 1, 2017.

  (B) In addition to the taxes imposed by Part 1 (commencing with

Section 6001) of Division 2 of the Revenue and Taxation Code, 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, 2013, and before January 1,

2017, for storage, use, or other consumption in this state at the

rate of 1/4 percent of the sales price of the property.

  (C) The Sales and Use Tax Law, including any amendments enacted on

or after the effective date of this section, shall apply to the

taxes imposed pursuant to this paragraph.

  (D) This paragraph shall become inoperative on January 1, 2017.

  (2) For any taxable year beginning on or after January 1, 2012,

and before January 1, 2019, with respect to the tax imposed pursuant

to Section 17041 of the Revenue and Taxation Code, the income tax

bracket and the rate of 9.3 percent set forth in paragraph (1) of

subdivision (A) of Section 17041 of the Revenue and Taxation Code

shall be modified by each of the following:

  (A) (i) For that portion of taxable income that is over two

hundred fifty thousand dollars ($250,000) but not over three hundred

thousand dollars ($300,000), the tax rate is 10.3 percent of the

excess over two hundred fifty thousand dollars ($250,000).

  (ii) For that portion of taxable income that is over three hundred

thousand dollars ($300,000) but not over five hundred thousand

dollars ($500,000), the tax rate is 11.3 percent of the excess over

three hundred thousand dollars ($300,000).

  (iii) For that portion of taxable income that is over five hundred

thousand dollars ($500,000), the tax rate is 12.3 percent of the

excess over five hundred thousand dollars ($500,000).

  (B) The income tax brackets specified in clauses (i), (ii), and

(iii) of subparagraph (A) shall be recomputed, as otherwise provided

in subdivision (h) of Section 17041 of the Revenue and Taxation Code,

only for taxable years beginning on and after January 1, 2013.

  (C) (i) For purposes of subdivision (g) of Section 19136 of the

Revenue and Taxation Code, this paragraph shall be considered to be

chaptered on the date it becomes effective.

  (ii) For purposes of Part 10 (commencing with Section 17001) of,

and Part 10.2 (commencing with Section 18401) of, Division 2 of the

Revenue and Taxation Code, the modified tax brackets and tax rates

established and imposed by this paragraph shall be deemed to be

established and imposed under Section 17041 of the Revenue and

Taxation Code.

  (D) This paragraph shall become inoperative on December 1, 2019.

  (3) For any taxable year beginning on or after January 1, 2012,

and before January 1, 2019, with respect to the tax imposed pursuant

to Section 17041 of the Revenue and Taxation Code, the income tax

bracket and the rate of 9.3 percent set forth in paragraph (1) of

subdivision (c) of Section 17041 of the Revenue and Taxation Code

shall be modified by each of the following:

  (A) (i) For that portion of taxable income that is over three

hundred forty thousand dollars ($340,000) but not over four hundred

eight thousand dollars ($408,000), the tax rate is 10.3 percent of

the excess over three hundred forty thousand dollars ($340,000).

  (ii) For that portion of taxable income that is over four hundred

eight thousand dollars ($408,000) but not over six hundred eighty

thousand dollars ($680,000), the tax rate is 11.3 percent of the

excess over four hundred eight thousand dollars ($408,000).

  (iii) For that portion of taxable income that is over six hundred

eighty thousand dollars ($680,000), the tax rate is 12.3 percent of

the excess over six hundred eighty thousand dollars ($680,000).

  (B) The income tax brackets specified in clauses (i), (ii), and

(iii) of subparagraph (A) shall be recomputed, as otherwise provided

in subdivision (h) of Section 17041 of the Revenue and Taxation Code,

only for taxable years beginning on and after January 1, 2013.

  (C) (i) For purposes of subdivision (g) of Section 19136 of the

Revenue and Taxation Code, this paragraph shall be considered to be

chaptered on the date it becomes effective.

  (ii) For purposes of Part 10 (commencing with Section 17001) of,

and Part 10.2 (commencing with Section 18401) of, Division 2 of the

Revenue and Taxation Code, the modified tax brackets and tax rates

established and imposed by this paragraph shall be deemed to be

established and imposed under Section 17041 of the Revenue and

Taxation Code.

  (D) This paragraph shall become inoperative on December 1, 2019.

  (g) (1) The Controller, pursuant to his or her statutory

authority, may perform audits of expenditures from the Local Revenue

Fund 2011 and any County Local Revenue Fund 2011, and shall audit the

Education Protection Account to ensure that those funds are used and

accounted for in a manner consistent with this section.

  (2) The Attorney General or local district attorney shall

expeditiously investigate, and may seek civil or criminal penalties

for, any misuse of moneys from the County Local Revenue Fund 2011 or

the Education Protection Account.

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 any of the following:

  (1) Indebtedness approved by the voters prior to July 1, 1978.

  (2) Bonded indebtedness for the acquisition or improvement of real

property approved on or after July 1, 1978, by two-thirds of the

votes cast by the voters voting on the proposition.

  (3) Bonded indebtedness incurred by a school district, community

college district, or county office of education for the construction,

reconstruction, rehabilitation, or replacement of school facilities,

including the furnishing and equipping of school facilities, or the

acquisition or lease of real property for school facilities, approved

by 55 percent of the voters of the district or county, as

appropriate, voting on the proposition on or after the effective date

of the measure adding this paragraph. This paragraph shall apply

only if the proposition approved by the voters and resulting in the

bonded indebtedness includes all of the following accountability

requirements:

  (A) A requirement that the proceeds from the sale of the bonds be

used only for the purposes specified in Article Thirteen A, Section 1(b)

(3), and not for any other purpose, including teacher and

administrator salaries and other school operating expenses.

  (B) A list of the specific school facilities projects to be funded

and certification that the school district board, community college

board, or county office of education has evaluated safety, class size

reduction, and information technology needs in developing that list.

  (C) A requirement that the school district board, community

college board, or county office of education conduct an annual,

independent performance audit to ensure that the funds have been

expended only on the specific projects listed.

  (D) A requirement that the school district board, community

college board, or county office of education conduct an annual,

independent financial audit of the proceeds from the sale of the

bonds until all of those proceeds have been expended for the school

facilities projects.

  (c) Notwithstanding any other provisions of law or of this

Constitution, school districts, community college districts, and

county offices of education may levy a 55 percent vote ad valorem tax

pursuant to subdivision (b).


Section 2.  (A) The "full cash value" means the county assessor's

valuation of real property as shown on the 1975-76 tax bill under

"full cash value" or, thereafter, the appraised value of real

property when purchased, newly constructed, or a change in ownership

has occurred after the 1975 assessment. All real property not already

assessed up to the 1975-76 full cash value may be reassessed to

reflect that valuation. For purposes of this section, "newly

constructed" does not include real property that is reconstructed

after a disaster, as declared by the Governor, where the fair market

value of the real property, as reconstructed, is comparable to its

fair market value prior to the disaster. For purposes of this

section, the term "newly constructed" does not include that portion

of an existing structure that consists of the construction or

reconstruction of seismic retrofitting components, as defined by the

Legislature.

  However, the Legislature may provide that, under appropriate

circumstances and pursuant to definitions and procedures established

by the Legislature, any person over the age of 55 years who resides

in property that is eligible for the homeowner's exemption under

subdivision (k) of Section 3 of Article Thirteen and any implementing

legislation may transfer the base year value of the property entitled

to exemption, with the adjustments authorized by subdivision (b), to

any replacement dwelling of equal or lesser value located within the

same county and purchased or newly constructed by that person as his

or her principal residence within two years of the sale of the

original property. For purposes of this section, "any person over the

age of 55 years" includes a married couple one member of which is

over the age of 55 years. For purposes of this section, "replacement

dwelling" means a building, structure, or other shelter constituting

a place of abode, whether real property or personal property, and any

land on which it may be situated. For purposes of this section, a

two-dwelling unit shall be considered as two separate single-family

dwellings. This paragraph shall apply to any replacement dwelling

that was purchased or newly constructed on or after November 5, 1986.

  In addition, the Legislature may authorize each county board of

supervisors, after consultation with the local affected agencies

within the county's boundaries, to adopt an ordinance making the

provisions of this subdivision relating to transfer of base year

value also applicable to situations in which the replacement

dwellings are located in that county and the original properties are

located in another county within this State. For purposes of this

paragraph, "local affected agency" means any city, special district,

school district, or community college district that receives an

annual property tax revenue allocation. This paragraph applies to any

replacement dwelling that was purchased or newly constructed on or

after the date the county adopted the provisions of this subdivision

relating to transfer of base year value, but does not apply to any

replacement dwelling that was purchased or newly constructed before

November 9, 1988.

  The Legislature may extend the provisions of this subdivision

relating to the transfer of base year values from original properties

to replacement dwellings of homeowners over the age of 55 years to

severely disabled homeowners, but only with respect to those

replacement dwellings purchased or newly constructed on or after the

effective date of this paragraph.

  (b) The full cash value base may reflect from year to year the

inflationary rate not to exceed 2 percent for any given year or

reduction as shown in the consumer price index or comparable data for

the area under taxing jurisdiction, or may be reduced to reflect

substantial damage, destruction, or other factors causing a decline

in value.

  (c) For purposes of subdivision (A), the Legislature may provide

that the term "newly constructed" does not include any of the

following:

  (1) The construction or addition of any active solar energy

system.

  (2) The construction or installation of any fire sprinkler system,

other fire extinguishing system, fire detection system, or

fire-related egress improvement, as defined by the Legislature, that

is constructed or installed after the effective date of this

paragraph.

  (3) The construction, installation, or modification on or after

the effective date of this paragraph of any portion or structural

component of a single- or multiple-family dwelling that is eligible

for the homeowner's exemption if the construction, installation, or

modification is for the purpose of making the dwelling more

accessible to a severely disabled person.

  (4) The construction, installation, removal, or modification on or

after the effective date of this paragraph of any portion or

structural component of an existing building or structure if the

construction, installation, removal, or modification is for the

purpose of making the building more accessible to, or more usable by,

a disabled person.

  (d) For purposes of this section, the term "change in ownership"

does not include the acquisition of real property as a replacement

for comparable property if the person acquiring the real property has

been displaced from the property replaced by eminent domain

proceedings, by acquisition by a public entity, or governmental

action that has resulted in a judgment of inverse condemnation. The

real property acquired shall be deemed comparable to the property

replaced if it is similar in size, utility, and function, or if it

conforms to state regulations defined by the Legislature governing

the relocation of persons displaced by governmental actions. This

subdivision applies to any property acquired after March 1, 1975, but

affects only those assessments of that property that occur after the

provisions of this subdivision take effect.

  (e) (1) Notwithstanding any other provision of this section, the

Legislature shall provide that the base year value of property that

is substantially damaged or destroyed by a disaster, as declared by

the Governor, may be transferred to comparable property within the

same county that is acquired or newly constructed as a replacement

for the substantially damaged or destroyed property.

  (2) Except as provided in paragraph (3), this subdivision applies

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

applies to any comparable replacement property that is acquired or

newly constructed as a replacement for property substantially damaged

or destroyed by a disaster, as declared by the Governor, occurring

on or after October 20, 1991, and to the determination of base year

values for the 1991-92 fiscal year and fiscal years thereafter.

  (f) For the purposes of subdivision (e):

  (1) Property is substantially damaged or destroyed if it sustains

physical damage amounting to more than 50 percent of its value

immediately before the disaster. Damage includes a diminution in the

value of property as a result of restricted access caused by the

disaster.

  (2) Replacement property is comparable to the property

substantially damaged or destroyed if it is similar in size, utility,

and function to the property that it replaces, and if the fair

market value of the acquired property is comparable to the fair

market value of the replaced property prior to the disaster.

  (g) For purposes of subdivision (A), the terms "purchased" and

"change in ownership" do not include the purchase or transfer of real

property between spouses since March 1, 1975, including, but not

limited to, all of the following:

  (1) Transfers to a trustee for the beneficial use of a spouse, or

the surviving spouse of a deceased transferor, or by a trustee of

such a trust to the spouse of the trustor.

  (2) Transfers to a spouse that take effect upon the death of a

spouse.

  (3) Transfers to a spouse or former spouse in connection with a

property settlement agreement or decree of dissolution of a marriage

or legal separation.

  (4) The creation, transfer, or termination, solely between

spouses, of any coowner's interest.

  (5) The distribution of a legal entity's property to a spouse or

former spouse in exchange for the interest of the spouse in the legal

entity in connection with a property settlement agreement or a

decree of dissolution of a marriage or legal separation.

  (h) (1) For purposes of subdivision (A), the terms "purchased" and

"change in ownership" do not include the purchase or transfer of the

principal residence of the transferor in the case of a purchase or

transfer between parents and their children, as defined by the

Legislature, and the purchase or transfer of the first one million

dollars ($1,000,000) of the full cash value of all other real

property between parents and their children, as defined by the

Legislature. This subdivision applies to both voluntary transfers and

transfers resulting from a court order or judicial decree.

  (2) (A) Subject to subparagraph (B), commencing with purchases or

transfers that occur on or after the date upon which the measure

adding this paragraph becomes effective, the exclusion established by

paragraph (1) also applies to a purchase or transfer of real

property between grandparents and their grandchild or grandchildren,

as defined by the Legislature, that otherwise qualifies under

paragraph (1), if all of the parents of that grandchild or those

grandchildren, who qualify as the children of the grandparents, are

deceased as of the date of the purchase or transfer.

  (B) A purchase or transfer of a principal residence shall not be

excluded pursuant to subparagraph (A) if the transferee grandchild or

grandchildren also received a principal residence, or interest

therein, through another purchase or transfer that was excludable

pursuant to paragraph (1). The full cash value of any real property,

other than a principal residence, that was transferred to the

grandchild or grandchildren pursuant to a purchase or transfer that

was excludable pursuant to paragraph (1), and the full cash value of

a principal residence that fails to qualify for exclusion as a result

of the preceding sentence, shall be included in applying, for

purposes of subparagraph (A), the one-million-dollar ($1,000,000)

full cash value limit specified in paragraph (1).

  (i) (1) Notwithstanding any other provision of this section, the

Legislature shall provide with respect to a qualified contaminated

property, as defined in paragraph (2), that either, but not both, of

the following apply:

  (A) (i) Subject to the limitation of clause (ii), the base year

value of the qualified contaminated property, as adjusted as

authorized by subdivision (b), may be transferred to a replacement

property that is acquired or newly constructed as a replacement for

the qualified contaminated property, if the replacement real property

has a fair market value that is equal to or less than the fair

market value of the qualified contaminated property if that property

were not contaminated and, except as otherwise provided by this

clause, is located within the same county. The base year value of the

qualified contaminated property may be transferred to a replacement

real property located within another county if the board of

supervisors of that other county has, after consultation with the

affected local agencies within that county, adopted a resolution

authorizing an intercounty transfer of base year value as so

described.

  (ii) This subparagraph applies only to replacement property that

is acquired or newly constructed within five years after ownership in

the qualified contaminated property is sold or otherwise

transferred.

  (B) In the case in which the remediation of the environmental

problems on the qualified contaminated property requires the

destruction of, or results in substantial damage to, a structure

located on that property, the term "new construction" does not

include the repair of a substantially damaged structure, or the

construction of a structure replacing a destroyed structure on the

qualified contaminated property, performed after the remediation of

the environmental problems on that property, provided that the

repaired or replacement structure is similar in size, utility, and

function to the original structure.

  (2) For purposes of this subdivision, "qualified contaminated

property" means residential or nonresidential real property that is

all of the following:

  (A) In the case of residential real property, rendered

uninhabitable, and in the case of nonresidential real property,

rendered unusable, as the result of either environmental problems, in

the nature of and including, but not limited to, the presence of

toxic or hazardous materials, or the remediation of those

environmental problems, except where the existence of the

environmental problems was known to the owner, or to a related

individual or entity as described in paragraph (3), at the time the

real property was acquired or constructed. For purposes of this

subparagraph, residential real property is "uninhabitable" if that

property, as a result of health hazards caused by or associated with

the environmental problems, is unfit for human habitation, and

nonresidential real property is "unusable" if that property, as a

result of health hazards caused by or associated with the

environmental problems, is unhealthy and unsuitable for occupancy.

  (B) Located on a site that has been designated as a toxic or

environmental hazard or as an environmental cleanup site by an agency

of the State of California or the federal government.

  (C) Real property that contains a structure or structures thereon

prior to the completion of environmental cleanup activities, and that

structure or structures are substantially damaged or destroyed as a

result of those environmental cleanup activities.

  (D) Stipulated by the lead governmental agency, with respect to

the environmental problems or environmental cleanup of the real

property, not to have been rendered uninhabitable or unusable, as

applicable, as described in subparagraph (A), by any act or omission

in which an owner of that real property participated or acquiesced.

  (3) It shall be rebuttably presumed that an owner of the real

property participated or acquiesced in any act or omission that

rendered the real property uninhabitable or unusable, as applicable,

if that owner is related to any individual or entity that committed

that act or omission in any of the following ways:

  (A) Is a spouse, parent, child, grandparent, grandchild, or

sibling of that individual.

  (B) Is a corporate parent, subsidiary, or affiliate of that

entity.

  (C) Is an owner of, or has control of, that entity.

  (D) Is owned or controlled by that entity.

  If this presumption is not overcome, the owner shall not receive

the relief provided for in subparagraph (A) or (B) of paragraph (1).

The presumption may be overcome by presentation of satisfactory

evidence to the assessor, who shall not be bound by the findings of

the lead governmental agency in determining whether the presumption

has been overcome.

  (4) This subdivision applies only to replacement property that is

acquired or constructed on or after January 1, 1995, and to property

repairs performed on or after that date.

  (j) Unless specifically provided otherwise, amendments to this

section adopted prior to November 1, 1988, are effective for changes

in ownership that occur, and new construction that is completed,

after the effective date of the amendment. Unless specifically

provided otherwise, amendments to this section adopted after November

1, 1988, are effective for changes in ownership that occur, and new

construction that is completed, on or after the effective date of the

amendment.


Section 3.  (A) Any change in state statute which results in any

taxpayer paying a higher tax 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.

  (b) As used in this section, "tax" means any levy, charge, or

exaction of any kind imposed by the State, except the following:

  (1) A charge imposed for a specific benefit conferred or privilege

granted directly to the payor that is not provided to those not

charged, and which does not exceed the reasonable costs to the State

of conferring the benefit or granting the privilege to the payor.

  (2) A charge imposed for a specific government service or product

provided directly to the payor that is not provided to those not

charged, and which does not exceed the reasonable costs to the State

of providing the service or product to the payor.

  (3) A charge imposed for the reasonable regulatory costs to the

State incident to issuing licenses and permits, performing

investigations, inspections, and audits, enforcing agricultural

marketing orders, and the administrative enforcement and adjudication

thereof.

  (4) A charge imposed for entrance to or use of state property, or

the purchase, rental, or lease of state property, except charges

governed by Section 15 of Article Eleven.

  (5) A fine, penalty, or other monetary charge imposed by the

judicial branch of government or the State, as a result of a

violation of law.

  (c) Any tax adopted after January 1, 2010, but prior to the

effective date of this act, that was not adopted in compliance with

the requirements of this section is void 12 months after the

effective date of this act unless the tax is reenacted by the

Legislature and signed into law by the Governor in compliance with

the requirements of this section.

  (d) The State bears the burden of proving by a preponderance of

the evidence that a levy, charge, or other exaction is not a tax,

that the amount is no more than necessary to cover the reasonable

costs of the governmental activity, and that the manner in which

those costs are allocated to a payor bear a fair or reasonable

relationship to the payor's burdens on, or benefits received from,

the governmental activity.


Section 4.  Cities, Counties and special districts, by a two-thirds

vote of the qualified electors of such district, may impose special

taxes on such district, except ad valorem taxes on real property or a

transaction tax or sales tax on the sale of real property within

such City, County or special district.


Section 5.  This article shall take effect for the tax year

beginning on July 1 following the passage of this Amendment, except

Section 3 which shall become effective upon the passage of this

article.


Section 6.  If any section, part, clause, or phrase hereof is for

any reason held to be invalid or unconstitutional, the remaining

sections shall not be affected but will remain in full force and

effect.


Section 7.  Section 3 of this article does not apply to the California

Children and Families First Act of 1998.

CALIFORNIA CONSTITUTION

ARTICLE 13B  GOVERNMENT SPENDING LIMITATION



Section 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.


Section 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.


Section 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 Sixteen.

  (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.


CALIFORNIA CONSTITUTION

ARTICLE 13C  [VOTER APPROVAL FOR LOCAL TAX LEVIES]


SECTION 1.  Definitions.  As used in this article:

  (A) "General tax" means any tax imposed for general governmental

purposes.

  (b) "Local government" means any county, city, city and county,

including a charter city or county, any special district, or any

other local or regional governmental entity.

  (c) "Special district" means an agency of the State, formed

pursuant to general law or a special act, for the local performance

of governmental or proprietary functions with limited geographic

boundaries including, but not limited to, school districts and

redevelopment agencies.

  (d) "Special tax" means any tax imposed for specific purposes,

including a tax imposed for specific purposes, which is placed into a

general fund.

  (e) As used in this article, "tax" means any levy, charge, or

exaction of any kind imposed by a local government, except the

following:

  (1) A charge imposed for a specific benefit conferred or privilege

granted directly to the payor that is not provided to those not

charged, and which does not exceed the reasonable costs to the local

government of conferring the benefit or granting the privilege.

  (2) A charge imposed for a specific government service or product

provided directly to the payor that is not provided to those not

charged, and which does not exceed the reasonable costs to the local

government of providing the service or product.

  (3) A charge imposed for the reasonable regulatory costs to a

local government for issuing licenses and permits, performing

investigations, inspections, and audits, enforcing agricultural

marketing orders, and the administrative enforcement and adjudication

thereof.

  (4) A charge imposed for entrance to or use of local government

property, or the purchase, rental, or lease of local government

property.

  (5) A fine, penalty, or other monetary charge imposed by the

judicial branch of government or a local government, as a result of a

violation of law.

  (6) A charge imposed as a condition of property development.

  (7) Assessments and property-related fees imposed in accordance

with the provisions of Article Thirteen D.

  The local government bears the burden of proving by a

preponderance of the evidence that a levy, charge, or other exaction

is not a tax, that the amount is no more than necessary to cover the

reasonable costs of the governmental activity, and that the manner in

which those costs are allocated to a payor bear a fair or reasonable

relationship to the payor's burdens on, or benefits received from,

the governmental activity.


Section 2.  Local Government Tax Limitation.  Notwithstanding any other

provision of this Constitution:

  (A) All taxes imposed by any local government shall be deemed to

be either general taxes or special taxes. Special purpose districts

or agencies, including school districts, shall have no power to levy

general taxes.

  (b) No local government may impose, extend, or increase any

general tax unless and until that tax is submitted to the electorate

and approved by a majority vote. A general tax shall not be deemed to

have been increased if it is imposed at a rate not higher than the

maximum rate so approved. The election required by this subdivision

shall be consolidated with a regularly scheduled general election for

members of the governing body of the local government, except in

cases of emergency declared by a unanimous vote of the governing

body.

  (c) Any general tax imposed, extended, or increased, without voter

approval, by any local government on or after January 1, 1995, and

prior to the effective date of this article, shall continue to be

imposed only if approved by a majority vote of the voters voting in

an election on the issue of the imposition, which election shall be

held within two years of the effective date of this article and in

compliance with subdivision (b).

  (d) No local government may impose, extend, or increase any

special tax unless and until that tax is submitted to the electorate

and approved by a two-thirds vote. A special tax shall not be deemed

to have been increased if it is imposed at a rate not higher than the

maximum rate so approved.


Section 3.  Initiative Power for Local Taxes, Assessments, Fees and

Charges.  Notwithstanding any other provision of this Constitution,

including, but not limited to, Sections 8 and 9 of Article Two, the

initiative power shall not be prohibited or otherwise limited in

matters of reducing or repealing any local tax, assessment, fee or

charge. The power of initiative to affect local taxes, assessments,

fees and charges shall be applicable to all local governments and

neither the Legislature nor any local government charter shall impose

a signature requirement higher than that applicable to statewide

statutory initiatives.

CALIFORNIA CONSTITUTION

ARTICLE 13D  (ASSESSMENT AND PROPERTY-RELATED FEE REFORM)


SECTION 1.  Application.  Notwithstanding any other provision of

law, the provisions of this article shall apply to all assessments,

fees and charges, whether imposed pursuant to state statute or local

government charter authority.  Nothing in this article or Article

XIIIC shall be construed to:

  (A) Provide any new authority to any agency to impose a tax,

assessment, fee, or charge.

  (b) Affect existing laws relating to the imposition of fees or

charges as a condition of property development.

  (c) Affect existing laws relating to the imposition of timber

yield taxes.


Section 2.  Definitions.  As used in this article:

  (A) "Agency" means any local government as defined in subdivision

(b) of Section 1 of Article Thirteen C.

  (b) "Assessment" means any levy or charge upon real property by an

agency for a special benefit conferred upon the real property.

"Assessment" includes, but is not limited to, "special assessment,"

"benefit assessment," "maintenance assessment" and "special

assessment tax."

  (c) "Capital cost" means the cost of acquisition, installation,

construction, reconstruction, or replacement of a permanent public

improvement by an agency.

  (d) "District" means an area determined by an agency to contain

all parcels which will receive a special benefit from a proposed

public improvement or property-related service.

  (e) "Fee" or "charge" means any levy other than an ad valorem tax,

a special tax, or an assessment, imposed by an agency upon a parcel

or upon a person as an incident of property ownership, including a

user fee or charge for a property related service.

  (f) "Maintenance and operation expenses" means the cost of rent,

repair, replacement, rehabilitation, fuel, power, electrical current,

care, and supervision necessary to properly operate and maintain a

permanent public improvement.

  (g) "Property ownership" shall be deemed to include tenancies of

real property where tenants are directly liable to pay the

assessment, fee, or charge in question.

  (h) "Property-related service" means a public service having a

direct relationship to property ownership.

  (i) "Special benefit" means a particular and distinct benefit over

and above general benefits conferred on real property located in the

district or to the public at large.  General enhancement of property

value does not constitute "special benefit."


Section 3.  Property Taxes, Assessments, Fees and Charges Limited.  (A)

No tax, assessment, fee, or charge shall be assessed by any agency

upon any parcel of property or upon any person as an incident of

property ownership except:

  (1) The ad valorem property tax imposed pursuant to Article Thirteen

and Article Thirteen A.

  (2) Any special tax receiving a two-thirds vote pursuant to

Section 4 of Article Thirteen A.

  (3) Assessments as provided by this article.

  (4) Fees or charges for property related services as provided by

this article.

  (b) For purposes of this article, fees for the provision of

electrical or gas service shall not be deemed charges or fees imposed

as an incident of property ownership.


Section 4.  Procedures and Requirements for All Assessments.  (A) An

agency which proposes to levy an assessment shall identify all

parcels which will have a special benefit conferred upon them and

upon which an assessment will be imposed.  The proportionate special

benefit derived by each identified parcel shall be determined in

relationship to the entirety of the capital cost of a public

improvement, the maintenance and operation expenses of a public

improvement, or the cost of the property related service being

provided.  No assessment shall be imposed on any parcel which exceeds

the reasonable cost of the proportional special benefit conferred on

that parcel. Only special benefits are assessable, and an agency

shall separate the general benefits from the special benefits

conferred on a parcel.  Parcels within a district that are owned or

used by any agency, the State of California or the United States

shall not be exempt from assessment unless the agency can demonstrate

by clear and convincing evidence that those publicly owned parcels

in fact receive no special benefit.

  (b) All assessments shall be supported by a detailed engineer's

report prepared by a registered professional engineer certified by

the State of California.

  (c) The amount of the proposed assessment for each identified

parcel shall be calculated and the record owner of each parcel shall

be given written notice by mail of the proposed assessment, the total

amount thereof chargeable to the entire district, the amount

chargeable to the owner's particular parcel, the duration of the

payments, the reason for the assessment and the basis upon which the

amount of the proposed assessment was calculated, together with the

date, time, and location of a public hearing on the proposed

assessment.  Each notice shall also include, in a conspicuous place

thereon, a summary of the procedures applicable to the completion,

return, and tabulation of the ballots required pursuant to

subdivision (d), including a disclosure statement that the existence

of a majority protest, as defined in subdivision (e), will result in

the assessment not being imposed.

  (d) Each notice mailed to owners of identified parcels within the

district pursuant to subdivision (c) shall contain a ballot which

includes the agency's address for receipt of the ballot once

completed by any owner receiving the notice whereby the owner may

indicate his or her name, reasonable identification of the parcel,

and his or her support or opposition to the proposed assessment.

  (e) The agency shall conduct a public hearing upon the proposed

assessment not less than 45 days after mailing the notice of the

proposed assessment to record owners of each identified parcel.  At

the public hearing, the agency shall consider all protests against

the proposed assessment and tabulate the ballots.  The agency shall

not impose an assessment if there is a majority protest.  A majority

protest exists if, upon the conclusion of the hearing, ballots

submitted in opposition to the assessment exceed the ballots

submitted in favor of the assessment.  In tabulating the ballots, the

ballots shall be weighted according to the proportional financial

obligation of the affected property.

  (f) In any legal action contesting the validity of any assessment,

the burden shall be on the agency to demonstrate that the property

or properties in question receive a special benefit over and above

the benefits conferred on the public at large and that the amount of

any contested assessment is proportional to, and no greater than, the

benefits conferred on the property or properties in question.

  (g) Because only special benefits are assessable, electors

residing within the district who do not own property within the

district shall not be deemed under this Constitution to have been

deprived of the right to vote for any assessment.  If a court

determines that the Constitution of the United States or other

federal law requires otherwise, the assessment shall not be imposed

unless approved by a two-thirds vote of the electorate in the

district in addition to being approved by the property owners as

required by subdivision (e).


Section 5.  Effective Date.  Pursuant to subdivision (A) of Section 10

of Article Two, the provisions of this article shall become effective

the day after the election unless otherwise provided.  Beginning July

1, 1997, all existing, new, or increased assessments shall comply

with this article. Notwithstanding the foregoing, the following

assessments existing on the effective date of this article shall be

exempt from the procedures and approval process set forth in Section

4:

  (A) Any assessment imposed exclusively to finance the capital

costs or maintenance and operation expenses for sidewalks, streets,

sewers, water, flood control, drainage systems or vector control.

Subsequent increases in such assessments shall be subject to the

procedures and approval process set forth in Section 4.

  (b) Any assessment imposed pursuant to a petition signed by the

persons owning all of the parcels subject to the assessment at the

time the assessment is initially imposed.  Subsequent increases in

such assessments shall be subject to the procedures and approval

process set forth in Section 4.

  (c) Any assessment the proceeds of which are exclusively used to

repay bonded indebtedness of which the failure to pay would violate

the Contract Impairment Clause of the Constitution of the United

States.

  (d) Any assessment which previously received majority voter

approval from the voters voting in an election on the issue of the

assessment.  Subsequent increases in those assessments shall be

subject to the procedures and approval process set forth in Section

4.


Section 6.  Property Related Fees and Charges.  (A) Procedures for New

or Increased Fees and Charges.  An agency shall follow the procedures

pursuant to this section in imposing or increasing any fee or charge

as defined pursuant to this article, including, but not limited to,

the following:

  (1) The parcels upon which a fee or charge is proposed for

imposition shall be identified.  The amount of the fee or charge

proposed to be imposed upon each parcel shall be calculated.  The

agency shall provide written notice by mail of the proposed fee or

charge to the record owner of each identified parcel upon which the

fee or charge is proposed for imposition, the amount of the fee or

charge proposed to be imposed upon each, the basis upon which the

amount of the proposed fee or charge was calculated, the reason for

the fee or charge, together with the date, time, and location of a

public hearing on the proposed fee or charge.

  (2) The agency shall conduct a public hearing upon the proposed

fee or charge not less than 45 days after mailing the notice of the

proposed fee or charge to the record owners of each identified parcel

upon which the fee or charge is proposed for imposition.  At the

public hearing, the agency shall consider all protests against the

proposed fee or charge.  If written protests against the proposed fee

or charge are presented by a majority of owners of the identified

parcels, the agency shall not impose the fee or charge.

  (b) Requirements for Existing, New or Increased Fees and Charges.

A fee or charge shall not be extended, imposed, or increased by any

agency unless it meets all of the following requirements:

  (1) Revenues derived from the fee or charge shall not exceed the

funds required to provide the property related service.

  (2) Revenues derived from the fee or charge shall not be used for

any purpose other than that for which the fee or charge was imposed.

  (3) The amount of a fee or charge imposed upon any parcel or

person as an incident of property ownership shall not exceed the

proportional cost of the service attributable to the parcel.

  (4) No fee or charge may be imposed for a service unless that

service is actually used by, or immediately available to, the owner

of the property in question.  Fees or charges based on potential or

future use of a service are not permitted.  Standby charges, whether

characterized as charges or assessments, shall be classified as

assessments and shall not be imposed without compliance with Section

4.

  (5) No fee or charge may be imposed for general governmental

services including, but not limited to, police, fire, ambulance or

library services, where the service is available to the public at

large in substantially the same manner as it is to property owners.

Reliance by an agency on any parcel map, including, but not limited

to, an assessor's parcel map, may be considered a significant factor

in determining whether a fee or charge is imposed as an incident of

property ownership for purposes of this article.  In any legal action

contesting the validity of a fee or charge, the burden shall be on

the agency to demonstrate compliance with this article.

  (c) Voter Approval for New or Increased Fees and Charges.  Except

for fees or charges for sewer, water, and refuse collection services,

no property related fee or charge shall be imposed or increased

unless and until that fee or charge is submitted and approved by a

majority vote of the property owners of the property subject to the

fee or charge or, at the option of the agency, by a two-thirds vote

of the electorate residing in the affected area.  The election shall

be conducted not less than 45 days after the public hearing. An

agency may adopt procedures similar to those for increases in

assessments in the conduct of elections under this subdivision.

  (d) Beginning July 1, 1997, all fees or charges shall comply with

this section.

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.


Section 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.


Section 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.


Section 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.


SECTION 5.  (A) The Director of Corrections or any county Sheriff or

other local government official charged with jail operations, may

enter into contracts with public entities, nonprofit or for profit

organizations, entities, or businesses for the purpose of conducting

programs which use inmate labor.  Such programs shall be operated and

implemented pursuant to statutes enacted by or in accordance with

the provisions of the Prison Inmate Labor Initiative of 1990, and by

rules and regulations prescribed by the Director of Corrections and,

for county jail programs, by local ordinances.

  (b) No contract shall be executed with an employer that will

initiate employment by inmates in the same job classification as

non-inmate employees of the same employer who are on strike, as

defined in Section 1132.6 of the Labor Code, as it reads on January

1, 1990, or who are subject to lockout, as defined in Section 1132.8

of the Labor Code, as it reads on January 1, 1990.  Total daily hours

worked by inmates employed in the same job classification as

non-inmate employees of the same employer who are on strike, as

defined in Section 1132.6 of the Labor Code, as it reads on January

1, 1990, or who are subject to lockout, as defined in Section 1132.8

of the Labor Code, as it reads on January 1, 1990, shall not exceed,

for the duration of the strike, the average daily hours worked for

the preceding six months, or if the program has been in operation for

less than six months, the average for the period of operation.

  (c) Nothing in this section shall be interpreted as creating a

right of inmates to work.

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.


Section 1.3.  (A) For the purposes of Section 1, a "single object or

work," for which the Legislature may create a debt or liability in

excess of three hundred thousand dollars ($300,000) subject to the

requirements set forth in Section 1, includes the funding of an

accumulated state budget deficit to the extent, and in the amount,

that funding is authorized in a measure submitted to the voters at

the March 2, 2004, statewide primary election.

  (b) As used in subdivision (A), "accumulated state budget deficit"

means the aggregate of both of the following, as certified by the

Director of Finance:

  (1) The estimated negative balance of the Special Fund for

Economic Uncertainties arising on or before June 30, 2004, not

including the effect of the estimated amount of net proceeds of any

bonds issued or to be issued pursuant to the California Fiscal

Recovery Financing Act (Title 17 (commencing with Section 99000) of

the Government Code) and any bonds issued or to be issued pursuant to

the measure submitted to the voters at the March 2, 2004, statewide

primary election as described in subdivision (A).

  (2) Other General Fund obligations incurred by the State prior to

June 30, 2004, to the extent not included in that negative balance.

  (c) Subsequent to the issuance of any state bonds described in

subdivision (A), the State may not obtain moneys to fund a year-end

state budget deficit, as may be defined by statute, pursuant to any

of the following:  (1) indebtedness incurred pursuant to Section 1 of

this article, (2) a debt obligation under which funds to repay that

obligation are derived solely from a designated source of revenue, or

(3) a bond or similar instrument for the borrowing of moneys for

which there is no legal obligation of repayment.  This subdivision

does not apply to funding obtained through a short-term obligation

incurred in anticipation of the receipt of tax proceeds or other

revenues that may be applied to the payment of that obligation, for

the purposes and not exceeding the amounts of existing appropriations

to which the resulting proceeds are to be applied.  For purposes of

this subdivision, "year-end state budget deficit" does not include an

obligation within the accumulated state budget deficit as defined by

subdivision (b).


Section 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.


Section 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.


Section 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.


Section 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 Sixteen and Section 14 of Article Eleven, shall be

construed as a limitation upon the authority granted to the

Legislature by this section.


Section 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

Sixteen.


Section 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 Sixteen; 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.


Section 7.  Money may be drawn from the Treasury only through an

appropriation made by law and upon a Controller's duly drawn warrant.


Section 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 Thirteen B, 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 Thirteen B 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 Thirteen B.  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 Thirteen B 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 Thirteen B 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 Thirteen B, 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 Four.  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 Four,

provided that the urgency statute may not be made part of or included

within any bill enacted pursuant to Section 12 of Article Four.


Section 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 Thirteen B 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 Thirteen B, 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.


Section 9.  Money collected under any state law relating to the

protection or propagation of fish and game shall be used for

activities relating thereto.


Section 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 Eleven of this

Constitution independent of the vote of the electors or authorization

by the State Board of Equalization.


Section 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.


NO SECTION 12


Section 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.


Section 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 Thirteen  and Sections 1 and 2 of Article Sixteen, 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.


Section 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.


Section 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.


Section 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.


Section 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.


Section 18.  (A) No county, city, town, township, board of education,

or school district, shall incur any indebtedness or liability in any

manner or for any purpose exceeding in any year the income and

revenue provided for such year, without the assent of two-thirds of

the voters of the public entity voting at an election to be held for

that purpose, except that with respect to any such public entity

which is authorized to incur indebtedness for public school purposes,

any proposition for the incurrence of indebtedness in the form of

general obligation bonds for the purpose of repairing, reconstructing

or replacing public school buildings determined, in the manner

prescribed by law, to be structurally unsafe for school use, shall be

adopted upon the approval of a majority of the voters of the public

entity voting on the proposition at such election; nor unless before

or at the time of incurring such indebtedness provision shall be made

for the collection of an annual tax sufficient to pay the interest

on such indebtedness as it falls due, and to provide for a sinking

fund for the payment of the principal thereof, on or before maturity,

which shall not exceed forty years from the time of contracting the

indebtedness.

  (b) Notwithstanding subdivision (A), on or after the effective

date of the measure adding this subdivision, in the case of any

school district, community college district, or county office of

education, any proposition for the incurrence of indebtedness in the

form of general obligation bonds for the construction,

reconstruction, rehabilitation, or replacement of school facilities,

including the furnishing and equipping of school facilities, or the

acquisition or lease of real property for school facilities, shall be

adopted upon the approval of 55 percent of the voters of the

district or county, as appropriate, voting on the proposition at an

election.  This subdivision shall apply only to a proposition for the

incurrence of indebtedness in the form of general obligation bonds

for the purposes specified in this subdivision if the proposition

meets all of the accountability requirements of paragraph (3) of

subdivision (b) of Section 1 of Article Thirteen A.

  (c) When two or more propositions for incurring any indebtedness

or liability are submitted at the same election, the votes cast for

and against each proposition shall be counted separately, and when

two-thirds or a majority or 55 percent of the voters, as the case may

be, voting on any one of those propositions, vote in favor thereof,

the proposition shall be deemed adopted.


Section 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.


Section 20.  (A) The Budget Stabilization Account is hereby created in

the General Fund.

  (b) In each fiscal year as specified in paragraphs (1) to (3),

inclusive, the Controller shall transfer from the General Fund to the

Budget Stabilization Account the following amounts:

  (1) No later than September 30, 2006, a sum equal to 1 percent of

the estimated amount of General Fund revenues for the 2006-07 fiscal

year.

  (2) No later than September 30, 2007, a sum equal to 2 percent of

the estimated amount of General Fund revenues for the 2007-08 fiscal

year.

  (3) No later than September 30, 2008, and annually thereafter, a

sum equal to 3 percent of the estimated amount of General Fund

revenues for the current fiscal year.

  (c) The transfer of moneys shall not be required by subdivision

(b) in any fiscal year to the extent that the resulting balance in

the account would exceed 5 percent of the General Fund revenues

estimate set forth in the budget bill for that fiscal year, as

enacted, or eight billion dollars ($8,000,000,000), whichever is

greater.  The Legislature may, by statute, direct the Controller, for

one or more fiscal years, to transfer into the account amounts in

excess of the levels prescribed by this subdivision.

  (d) Subject to any restriction imposed by this section, funds

transferred to the Budget Stabilization Account shall be deemed to be

General Fund revenues for all purposes of this Constitution.

  (e) The transfer of moneys from the General Fund to the Budget

Stabilization Account may be suspended or reduced for a fiscal year

as specified by an executive order issued by the Governor no later

than June 1 of the preceding fiscal year.

  (f) (1) Of the moneys transferred to the account in each fiscal

year, 50 percent, up to the aggregate amount of five billion dollars

($5,000,000,000) for all fiscal years, shall be deposited in the

Deficit Recovery Bond Retirement Sinking Fund Subaccount, which is

hereby created in the account for the purpose of retiring deficit

recovery bonds authorized and issued as described in Section 1.3, in

addition to any other payments provided for by law for the purpose of

retiring those bonds.  The moneys in the sinking fund subaccount are

continuously appropriated to the Treasurer to be expended for that

purpose in the amounts, at the times, and in the manner deemed

appropriate by the Treasurer.  Any funds remaining in the sinking

fund subaccount after all of the deficit recovery bonds are retired

shall be transferred to the account, and may be transferred to the

General Fund pursuant to paragraph (2).

  (2) All other funds transferred to the account in a fiscal year

shall not be deposited in the sinking fund subaccount and may, by

statute, be transferred to the General Fund.

CALIFORNIA CONSTITUTION

ARTICLE 18  AMENDING AND REVISING THE CONSTITUTION


Section 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.


Section 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.


Section 3.  The electors may amend the Constitution by initiative.


Section 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.  The Legislature shall not borrow revenue from the

Highway Users Tax Account, or its successor, and shall not use these

revenues for purposes, or in ways, other than those specifically

permitted by this article.


Section 2.  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 deposited into the Highway Users Tax Account (Section

2100 of the Streets and Highways Code) or its successor, which is

hereby declared to be a trust fund, and shall be allocated monthly in

accordance with Section 4, and shall be used solely 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.


Section 3.  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 2 of this article.


Section 4.  (A) Except as provided in subdivision (b), the statutory

formulas in effect on June 30, 2009, which allocate the revenues

described in Section 2 to cities, counties, and areas of the State

shall remain in effect.

  (b) The Legislature shall not modify the statutory allocations in

effect on June 30, 2009, unless and until both of the following have

occurred:

  (1) The Legislature determines in accordance with this subdivision

that another basis for an equitable, geographical, and

jurisdictional distribution exists. Any future statutory revisions

shall (A) 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; and (B) be 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;

  (2) The process described in subdivision (c) has been completed.

  (c) The Legislature shall not modify the statutory allocation

pursuant to subdivision (b) until all of the following have occurred:

  (1) The California Transportation Commission has held no less than

four public hearings in different parts of the State to receive

public input about the local and regional goals for ground

transportation in that part of the State;

  (2) The California Transportation Commission has published a

report describing the input received at the public hearings and how

the modification to the statutory allocation is consistent with the

orderly achievement of local, regional, and statewide goals for

ground transportation in local general plans, regional transportation

plans, and the California Transportation Plan; and

  (3) Ninety days have passed since the publication of the report by

the California Transportation Commission.

  (d) A statute enacted by the Legislature modifying the statutory

allocations must be by a bill passed in each house of the Legislature

by rollcall vote entered in the journal, two-thirds of the

membership concurring, provided that the bill does not contain any

other unrelated provision.

  (e) The revenues allocated by statute to cities, counties, and

areas of the State pursuant to this article may be used solely by the

entity to which they are allocated, and solely for the purposes

described in Sections 2, 5, or 6 of this article.

  (f) The Legislature may not take any action which permanently or

temporarily does any of the following: (1) changes the status of the

Highway Users Tax Account as a trust fund; (2) borrows, diverts, or

appropriates these revenues for purposes other than those described

in subdivision (e); or (3) delays, defers, suspends, or otherwise

interrupts the payment, allocation, distribution, disbursal, or

transfer of revenues from taxes described in Section 2 to cities,

counties, and areas of the State pursuant to the procedures in effect

on June 30, 2009.


Section 5.  Revenues allocated pursuant to Section 4 may not be

expended for the purposes specified in subdivision (b) of Section 2,

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 2.


Section 6.  (A) Up to 25 percent of the revenues allocated to the State

pursuant to Section 4 for the purposes specified in subdivision (A)

of Section 2 of this article may be pledged or used by the State,

upon approval by the voters and appropriation by the Legislature, for

the payment of principal and interest on voter-approved bonds for

such purposes issued by the State on and after November 2, 2010.

  (b) Up to 25 percent of the revenues allocated to any city or

county pursuant to Section 4 for the purposes specified in

subdivision (A) of Section 2 of this article may be pledged or used

only by any city or county for the payment of principal and interest

on voter-approved bonds issued by that city or county for such

purposes.


Section 7.  If the Legislature reduces or repeals the taxes described

in Section 2 and adopts an alternative source of revenue to replace

the moneys derived from those taxes, the replacement revenue shall be

deposited into the Highway Users Tax Account, dedicated to the

purposes listed in Section 2, and allocated to cities, counties, and

areas of the State pursuant to Section 4. All other provisions of

this article shall apply to any revenues adopted by the Legislature

to replace the moneys derived from the taxes described in Section 2.


Section 8.  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.


Section 9.  Notwithstanding Sections 2 and 3 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.


Section 10.  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 2

and 3 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 Wildlife 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 19A  LOANS FROM THE PUBLIC TRANPORTATION ACCOUNT OR LOCAL TRANSPORTATION FUNDS


SECTION 1.  (A) The Legislature shall not borrow revenues from the

Public Transportation Account, or any successor account, and shall

not use these revenues for purposes, or in ways, other than those

specifically permitted by this article.

   (b) The Public Transportation Account in the State Transportation

Fund, or any successor account, is a trust fund. The Legislature may

not change the status of the Public Transportation Account as a

trust fund. Funds in the Public Transportation Account may not be

loaned or otherwise transferred to the General Fund or any other fund

or account in the State Treasury.

  (c) All revenues specified in paragraphs (1) through (3),

inclusive, of subdivision (A) of Section 7102 of the Revenue and

Taxation Code, as that section read on June 1, 2001, shall be

deposited no less than quarterly into the Public Transportation

Account (Section 99310 of the Public Utilities Code), or its

successor. The Legislature may not take any action which temporarily

or permanently diverts or appropriates these revenues for purposes

other than those described in subdivision (d), or delays, defers,

suspends, or otherwise interrupts the quarterly deposit of these

funds into the Public Transportation Account.

  (d) Funds in the Public Transportation Account may only be used

for transportation planning and mass transportation purposes. The

revenues described in subdivision (c) are hereby continuously

appropriated to the Controller without regard to fiscal years for

allocation as follows:

  (1) Fifty percent pursuant to subdivisions (A) through (f),

inclusive, of Section 99315 of the Public Utilities Code, as that

section read on July 30, 2009.

  (2) Twenty-five percent pursuant to subdivision (b) of Section

99312 of the Public Utilities Code, as that section read on July 30,

2009.

  (3) Twenty-five percent pursuant to subdivision (c) of Section

99312 of the Public Utilities Code, as that section read on July 30,

2009.

  (e) For purposes of paragraph (1) of subdivision (d),

"transportation planning" means only the purposes described in

subdivisions (c) through (f), inclusive, of Section 99315 of the

Public Utilities Code, as that section read on July 30, 2009.

  (f) For purposes of this article, "mass transportation," "public

transit," and "mass transit" have the same meaning as "public

transportation." "Public transportation" means:

  (1) (A) Surface transportation service provided to the general

public, complementary paratransit service provided to persons with

disabilities as required by 42 U.S.C. 12143, or similar

transportation provided to people with disabilities or the elderly;

(B) operated by bus, rail, ferry, or other conveyance on a fixed

route, demand response, or otherwise regularly available basis; (C)

generally for which a fare is charged; and (D) provided by any

transit district, included transit district, municipal operator,

included municipal operator, eligible municipal operator, or transit

development board, as those terms were defined in Article 1 of

Chapter 4 of Part 11 of Division 10 of the Public Utilities Code on

January 1, 2009, a joint powers authority formed to provide mass

transportation services, an agency described in subdivision (f) of

Section 15975 of the Government Code, as that section read on January

1, 2009, any recipient of funds under Sections 99260, 99260.7,

99275, or subdivision (c) of Section 99400 of the Public Utilities

Code, as those sections read on January 1, 2009, or a consolidated

agency as defined in Section 132353.1 of the Public Utilities Code,

as that section read on January 1, 2009.

  (2) Surface transportation service provided by the Department of

Transportation pursuant to subdivision (A) of Section 99315 of the

Public Utilities Code, as that section read on July 30, 2009.

  (3) Public transit capital improvement projects, including those

identified in subdivision (b) of Section 99315 of the Public

Utilities Code, as that section read on July 30, 2009.


Section 2.  (A) As used in this section, a "local transportation fund"

is a fund created under Section 29530 of the Government Code, or any

successor to that statute.

  (b) All local transportation funds are hereby designated trust

funds. The Legislature may not change the status of local

transportation funds as trust funds.

  (c) A local transportation fund that has been created pursuant to

law may not be abolished.

  (d) Money in a local transportation fund shall be allocated only

by the local government that created the fund, and only for the

purposes authorized under Article 11 (commencing with Section 29530)

of Chapter 2 of Division 3 of Title 3 of the Government Code and

Chapter 4 (commencing with Section 99200) of Part 11 of Division 10

of the Public Utilities Code, as those provisions existed on October

1, 1997. Neither the county nor the Legislature may authorize the

expenditure of money in a local transportation fund for purposes

other than those specified in this subdivision.

  (e) This section constitutes the sole method of allocating,

distributing, and using the revenues in a local transportation fund.

The purposes described in subdivision (d) are the sole purposes for

which the revenues in a local transportation fund may be used. The

Legislature may not enact a statute or take any other action which,

permanently or temporarily, does any of the following:

  (1) Transfers, diverts, or appropriates the revenues in a local

transportation fund for any other purpose than those described in

subdivision (d);

  (2) Authorizes the expenditures of the revenue in a local

transportation fund for any other purpose than those described in

subdivision (d);

  (3) Borrows or loans the revenues in a local transportation fund,

regardless of whether these revenues remain in the Retail Sales Tax

Fund in the State Treasury or are transferred to another fund or

account.

  (f) The percentage of the tax imposed pursuant to Section 7202 of

the Revenue and Taxation Code allocated to local transportation funds

shall not be reduced below the percentage that was transmitted to

such funds during the 2008 calendar year. Revenues allocated to local

transportation funds shall be transmitted in accordance with Section

7204 of the Revenue and Taxation Code and deposited into local

transportation funds in accordance with Section 29530 of the

Government Code, as those sections read on June 30, 2009.

CALIFORNIA CONSTITUTION

ARTICLE 19B  MOTOR VEHICLE FUEL SALES TAX REVENUES AND TRANSPORTATION IMPROVEMENT FUNDING


SECTION 1.  The Legislature shall not borrow revenues from the

Transportation Investment Fund, or its successor, and shall not use

these revenues for purposes, or in ways, other than those

specifically permitted by this article.


Section 2.  (A) For the 2003-04 fiscal year and each fiscal year

thereafter, all revenues that are collected during the fiscal year

from taxes under the Sales and Use Tax Law (Part 1 (commencing with

Section 6001) of Division 2 of the Revenue and Taxation Code), or any

successor to that law, upon the sale, storage, use, or other

consumption in this State of motor vehicle fuel, as defined for

purposes of the Motor Vehicle Fuel License Tax Law (Part 2

(commencing with Section 7301) of Division 2 of the Revenue and

Taxation Code), shall be deposited into the Transportation Investment

Fund or its successor, which is hereby created in the State Treasury

and which is hereby declared to be a trust fund. The Legislature may

not change the status of the Transportation Investment Fund as a

trust fund.

  (b) (1) For the 2003-04 to 2007-08 fiscal years, inclusive, moneys

in the Transportation Investment Fund shall be allocated, upon

appropriation by the Legislature, in accordance with Section 7104 of

the Revenue and Taxation Code as that section read on March 6, 2002.

  (2) For the 2008-09 fiscal year and each fiscal year thereafter,

moneys in the Transportation Investment Fund shall be allocated

solely for the following purposes:

  (A) Public transit and mass transportation. Moneys appropriated

for public transit and mass transportation shall be allocated as

follows: (i) Twenty-five percent pursuant to subdivision (b) of

Section 99312 of the Public Utilities Code, as that section read on

July 30, 2009; (ii) Twenty-five percent pursuant to subdivision (c)

of Section 99312 of the Public Utilities Code, as that section read

on July 30, 2009; and (iii) Fifty percent for the purposes of

subdivisions (A) and (b) of Section 99315 of the Public Utilities

Code, as that section read on July 30, 2009.

  (B) Transportation capital improvement projects, subject to the

laws governing the State Transportation Improvement Program, or any

successor to that program.

  (C) Street and highway maintenance, rehabilitation,

reconstruction, or storm damage repair conducted by cities, including

a city and county.

  (D) Street and highway maintenance, rehabilitation,

reconstruction, or storm damage repair conducted by counties,

including a city and county.

  (c) For the 2008-09 fiscal year and each fiscal year thereafter,

moneys in the Transportation Investment Fund are hereby continuously

appropriated to the Controller without regard to fiscal years, which

shall be allocated as follows:

  (A) Twenty percent of the moneys for the purposes set forth in

subparagraph (A) of paragraph (2) of subdivision (b).

  (B) Forty percent of the moneys for the purposes set forth in

subparagraph (B) of paragraph (2) of subdivision (b).

  (C) Twenty percent of the moneys for the purposes set forth in

subparagraph (C) of paragraph (2) of subdivision (b).

  (D) Twenty percent of the moneys for the purposes set forth in

subparagraph (D) of paragraph (2) of subdivision (b).

  (d) The Legislature may not enact a statute that modifies the

percentage shares set forth in subdivision (c) until all of the

following have occurred:

  (1) The California Transportation Commission has held no less than

four public hearings in different parts of the State to receive

public input about the need for public transit, mass transportation,

transportation capital improvement projects, and street and highway

maintenance;

  (2) The California Transportation Commission has published a

report describing the input received at the public hearings and how

the modification to the statutory allocation is consistent with the

orderly achievement of local, regional and statewide goals for public

transit, mass transportation, transportation capital improvements,

and street and highway maintenance in a manner that is consistent

with local general plans, regional transportation plans, and the

California Transportation Plan;

  (3) Ninety days have passed since the publication of the report by

the California Transportation Commission.

  (4) The statute enacted by the Legislature pursuant to this

subdivision must be by a bill passed in each house of the Legislature

by rollcall vote entered in the journal, two-thirds of the

membership concurring, provided that the bill does not contain any

other unrelated provision and that the revenues described in

subdivision (A) are expended solely for the purposes set forth in

paragraph (2) of subdivision (b).

  (e) (1) An amount equivalent to the total amount of revenues that

were not transferred from the General Fund of the State to the

Transportation Investment Fund, as of July 1, 2007, because of a

suspension of transfer of revenues pursuant to this section as it

read on January 1, 2006, but excluding the amount to be paid to the

Transportation Deferred Investment Fund pursuant to Section 63048.65

of the Government Code, shall be transferred from the General Fund to

the Transportation Investment Fund no later than June 30, 2016.

Until this total amount has been transferred, the amount of transfer

payments to be made in each fiscal year shall not be less than

one-tenth of the total amount required to be transferred by June 30,

2016. The transferred revenues shall be allocated solely for the

purposes set forth in this section as if they had been received in

the absence of a suspension of transfer of revenues.

  (2) The Legislature may provide by statute for the issuance of

bonds by the state or local agencies, as applicable, that are secured

by the minimum transfer payments required by paragraph (1). Proceeds

from the sale of those bonds shall be allocated solely for the

purposes set forth in this section as if they were revenues subject

to allocation pursuant to paragraph (2) of subdivision (b).

  (f) This section constitutes the sole method of allocating,

distributing, and using the revenues described in subdivision (A).

The purposes described in paragraph (2) of subdivision (b) are the

sole purposes for which the revenues described in subdivision (A) may

be used. The Legislature may not enact a statute or take any other

action which, permanently or temporarily, does any of the following:

  (1) Transfers, diverts, or appropriates the revenues described in

subdivision (A) for any other purposes than those described in

paragraph (2) of subdivision (b);

  (2) Authorizes the expenditures of the revenues described in

subdivision (A) for any other purposes than those described in

paragraph (2) of subdivision (b) or;

  (3) Borrows or loans the revenues described in subdivision (A),

regardless of whether these revenues remain in the Transportation

Investment Fund or are transferred to another fund or account such as

the Public Transportation Account, a trust fund in the State

Transportation Fund.

  (g) For purposes of this article, "mass transportation," "public

transit" and "mass transit" have the same meanings as "public

transportation." "Public transportation" means:

  (1) (A) Surface transportation service provided to the general

public, complementary paratransit service provided to persons with

disabilities as required by 42 U.S.C. 12143, or similar

transportation provided to people with disabilities or the elderly;

(B) operated by bus, rail, ferry, or other conveyance on a fixed

route, demand response, or otherwise regularly available basis; (C)

generally for which a fare is charged; and (D) provided by any

transit district, included transit district, municipal operator,

included municipal operator, eligible municipal operator, or transit

development board, as those terms were defined in Article 1 of

Chapter 4 of Part 11 of Division 10 of the Public Utilities Code on

January 1, 2009, a joint powers authority formed to provide mass

transportation services, an agency described in subdivision (f) of

Section 15975 of the Government Code, as that section read on January

1, 2009, any recipient of funds under Sections 99260, 99260.7,

99275, or subdivision (c) of Section 99400 of the Public Utilities

Code, as those sections read on January 1, 2009, or a consolidated

agency as defined in Section 132353.1 of the Public Utilities Code,

as that section read on January 1, 2009.

  (2) Surface transportation service provided by the Department of

Transportation pursuant to subdivision (A) of Section 99315 of the

Public Utilities Code, as that section read on July 30, 2009.

  (3) Public transit capital improvement projects, including those

identified in subdivision (b) of Section 99315 of the Public

Utilities Code, as that section read on July 30, 2009.

  (h) If the Legislature reduces or repeals the taxes described in

subdivision (A) and adopts an alternative source of revenue to

replace the moneys derived from those taxes, the replacement revenue

shall be deposited into the Transportation Investment Fund, dedicated

to the purposes listed in paragraph (2) of subdivision (b), and

allocated pursuant to subdivision (c). All other provisions of this

article shall apply to any revenues adopted by the Legislature to

replace the moneys derived from the taxes described in subdivision

(A).

CALIFORNIA CONSTITUTION

ARTICLE 19C  [ENFORCEMENT OF CERTAIN PROVISIONS]


SECTION 1.  If any challenge to invalidate an action that violates

Article Nineteen, Nineteen A, or Nineteen B is successful either by

way of a final judgment, settlement, or resolution by administrative

or legislative action, there is hereby continuously appropriated

from the General Fund to the Controller, without regard to fiscal

years, that amount of revenue necessary to restore the fund or account

from which the revenues were unlawfully taken or diverted to its

financial status had the unlawful action not been taken.


Section 2.  If any challenge to invalidate an action that violates

Section 24 or Section 25.5 of Article Thirteen  is successful either by

way of a final judgment, settlement, or resolution by administrative

or legislative action, there is hereby continuously appropriated from

the General Fund to the local government an amount of revenue equal

to the amount of revenue unlawfully taken or diverted.


CALIFORNIA CONSTITUTION

ARTICLE 19C  [ENFORCEMENT OF CERTAIN PROVISIONS]


Section 3.  Interest calculated at the Pooled Money Investment Fund

rate from the date or dates the revenues were unlawfully taken or

diverted shall accrue to the amounts required to be restored pursuant

to this section. Within 30 days from the date a challenge is

successful, the Controller shall make the transfer required by the

continuous appropriation and issue a notice to the parties that the

transfer has been completed.


Section 4.  If in any challenge brought pursuant to this section a

restraining order or preliminary injunction is issued, the plaintiffs

or petitioners shall not be required to post a bond obligating the

plaintiffs or petitioners to indemnify the government defendants or

the State of California for any damage the restraining order or

preliminary injunction may cause.

CALIFORNIA CONSTITUTION

ARTICLE 20  MISCELLANEOUS SUBJECTS


Section 1.  Notwithstanding the provisions of Section 6 of Article Eleven,

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.


Section 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.


Section 2.  Except for tax exemptions provided in Article Thirteen , the

rights, powers, privileges, and confirmations conferred by Sections

10 and 15 of Article Nine in effect on January 1, 1973, relating to

Stanford University and the Huntington Library and Art Gallery, are

continued in effect.


Section 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.


Section 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.


Section 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.


Section 6.  Any legislator whose term of office is reduced by operation

of the amendment to subdivision (A) of Section 2 of Article Four

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.


Section 7.  The limitations on the number of terms prescribed by

Section 2 of Article Four, Sections 2 and 11 of Article Five, Section 2 of

Article Nine, and Section 17 of Article Thirteen  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.


NO SECTIONS 8 - 21


Section 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 Twenty Four.

  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.


Section 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  REDISTRICTING 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 Citizens Redistricting Commission described in

Section 2 shall adjust the boundary lines of the congressional, State

Senatorial, Assembly, and Board of Equalization districts (also

known as "redistricting") in conformance with the standards and

process set forth in Section 2.


Section 2.  (A) The Citizens Redistricting Commission shall be created

no later than December 31 in 2010, and in each year ending in the

number zero thereafter.

  (b) The commission shall: (1) conduct an open and transparent

process enabling full public consideration of and comment on the

drawing of district lines; (2) draw district lines according to the

redistricting criteria specified in this article; and (3) conduct

themselves with integrity and fairness.

  (c) (1) The selection process is designed to produce a commission

that is independent from legislative influence and reasonably

representative of this State's diversity.

  (2) The commission shall consist of 14 members, as follows: five

who are registered with the largest political party in California

based on registration, five who are registered with the second

largest political party in California based on registration, and four

who are not registered with either of the two largest political

parties in California based on registration.

  (3) Each commission member shall be a voter who has been

continuously registered in California with the same political party

or unaffiliated with a political party and who has not changed

political party affiliation for five or more years immediately

preceding the date of his or her appointment. Each commission member

shall have voted in two of the last three statewide general elections

immediately preceding his or her application.

  (4) The term of office of each member of the commission expires

upon the appointment of the first member of the succeeding

commission.

  (5) Nine members of the commission shall constitute a quorum. Nine

or more affirmative votes shall be required for any official action.

The four final redistricting maps must be approved by at least nine

affirmative votes which must include at least three votes of members

registered from each of the two largest political parties in

California based on registration and three votes from members who are

not registered with either of these two political parties.

  (6) Each commission member shall apply this article in a manner

that is impartial and that reinforces public confidence in the

integrity of the redistricting process. A commission member shall be

ineligible for a period of 10 years beginning from the date of

appointment to hold elective public office at the federal, state,

county, or city level in this State. A member of the commission shall

be ineligible for a period of five years beginning from the date of

appointment to hold appointive federal, state, or local public

office, to serve as paid staff for, or as a paid consultant to, the

Board of Equalization, the Congress, the Legislature, or any

individual legislator, or to register as a federal, state or local

lobbyist in this State.

  (d) The commission shall establish single-member districts for the

Senate, Assembly, Congress, and State Board of Equalization pursuant

to a mapping process using the following criteria as set forth in

the following order of priority:

  (1) Districts shall comply with the United States Constitution.

Congressional districts shall achieve population equality as nearly

as is practicable, and Senatorial, Assembly, and State Board of

Equalization districts shall have reasonably equal population with

other districts for the same office, except where deviation is

required to comply with the federal Voting Rights Act or allowable by

law.

  (2) Districts shall comply with the federal Voting Rights Act (42

U.S.C. Section 1971 and following).

  (3) Districts shall be geographically contiguous.

  (4) The geographic integrity of any city, county, city and county,

local neighborhood, or local community of interest shall be

respected in a manner that minimizes their division to the extent

possible without violating the requirements of any of the preceding

subdivisions. A community of interest is a contiguous population

which shares common social and economic interests that should be

included within a single district for purposes of its effective and

fair representation. Examples of such shared interests are those

common to an urban area, a rural area, an industrial area, or an

agricultural area, and those common to areas in which the people

share similar living standards, use the same transportation

facilities, have similar work opportunities, or have access to the

same media of communication relevant to the election process.

Communities of interest shall not include relationships with

political parties, incumbents, or political candidates.

  (5) To the extent practicable, and where this does not conflict

with the criteria above, districts shall be drawn to encourage

geographical compactness such that nearby areas of population are not

bypassed for more distant population.

  (6) To the extent practicable, and where this does not conflict

with the criteria above, each Senate district shall be comprised of

two whole, complete, and adjacent Assembly districts, and each Board

of Equalization district shall be comprised of 10 whole, complete,

and adjacent Senate districts.

  (e) The place of residence of any incumbent or political candidate

shall not be considered in the creation of a map. Districts shall

not be drawn for the purpose of favoring or discriminating against an

incumbent, political candidate, or political party.

  (f) Districts for the Congress, Senate, Assembly, and State Board

of Equalization shall be numbered consecutively commencing at the

northern boundary of the State and ending at the southern boundary.

  (g) By August 15 in 2011, and in each year ending in the number

one thereafter, the commission shall approve four final maps that

separately set forth the district boundary lines for the

congressional, Senatorial, Assembly, and State Board of Equalization

districts. Upon approval, the commission shall certify the four final

maps to the Secretary of State.

  (h) The commission shall issue, with each of the four final maps,

a report that explains the basis on which the commission made its

decisions in achieving compliance with the criteria listed in

subdivision (d) and shall include definitions of the terms and

standards used in drawing each final map.

  (i) Each certified final map shall be subject to referendum in the

same manner that a statute is subject to referendum pursuant to

Section 9 of Article Two. The date of certification of a final map to

the Secretary of State shall be deemed the enactment date for

purposes of Section 9 of Article Two.

  (j) If the commission does not approve a final map by at least the

requisite votes or if voters disapprove a certified final map in a

referendum, the Secretary of State shall immediately petition the

California Supreme Court for an order directing the appointment of

special masters to adjust the boundary lines of that map in

accordance with the redistricting criteria and requirements set forth

in subdivisions (d), (e), and (f). Upon its approval of the masters'

map, the court shall certify the resulting map to the Secretary of

State, which map shall constitute the certified final map for the

subject type of district.