HomeMy WebLinkAboutMINUTES - 09201994 - 2.1 BOARD OF SUPERVISORS Contra
FROM: Phil Batchelor, County Administrator
Costa
l
c;:$
• _�y�-...�-.. .:o� County
September 15, 1994 �s ;. "�Ty
DATE: r cour
SUBJECT: PROPOSED AMENDMENTS TO THE CALIFORNIA STATE CONSTITUTION PROPOSED
BY THE ASSOCIATION OF BAY AREA GOVERNMENTS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
CONSIDER the proposed amendments to the California State
Constitution prepared by the Association of Bay Area Governments
(ABAG) and authorize Supervisor Torlakson to forward the Board' s
position to the ABAG General Assembly in December, 1994 .
BACKGROUND:
ABAG has prepared a package of amendments to the California State
Constitution and has asked each member city and county governing
body to consider these proposed changes and endorse as many of them
as possible. They have also asked that the position of each city
or county be forwarded to ABAG by September 30, 1994 . All
positions will be forwarded to the ABAG General Assembly in
December for discussion and action. Supervisor Torlakson, as the
Board's delegate to ABAG and as the current President of ABAG, has
asked that the Board of Supervisors consider each of the J
recommendations made by ABAG' s Legislation and Governmental
Organization Committee.
We have grouped these recommendations in the attached summary by
the type of action that is being recommended and have cross-
referenced each issue to where the discussion of it can be found in
the attached document from ABAG. Some of these recommendations are
primarily technical in nature and can probably be endorsed fairly
readily by the Board of Supervisors . Others involve referral of
the subject matter to an independent commission for study and
further recommendations in the future. Others are subjects which /
f
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
A- APPROVE OTHER
SIGNATURE(S): 6�aiC � L���ti�/f_i�_
ACTIGN OF BOARD ON , 1994 APPROVED AS RECOMMENDED OTHER
REFERRED to the County Administrator ' s Office for review and report on
the proposed amendments to the California State Constitution prepared by
the Association of Bay Area Governments (ABAG) .
VOTE OF SUPERVISORS
_ I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED SSP 2 U 1994
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
CC: Supervisor Torlakson SUPERVISORS AND COUNTY ADMINISTRATOR
County Administrator _
ABAG (Via CAO)
BY ,DEPUTY
ABAG believes need not be in the Constitution but should be covered
instead by statutes . A few involve substantial public policy and
deserve the close attention of the Board of Supervisors before
taking a position on the issue. References to page numbers refer
to the attached ABAG document.
SUMMARY OF ABAG CONSTITUTIONAL PROPOSALS
A. AMEND THE LANGUAGE CURRENTLY IN THE CONSTITUTION:
1. (Page 3, item 1). Amend the language presently in the Constitution dealing
with State initiatives and referenda to require a legal review of all such
measures by the Attorney General or Legislative Counsel prior to
circulation, a summary statement by the Legislative Analyst as to the
measure's intent. Require that the true sponsor of a measure to be listed
in bold at the top of any sheet used to gather signatures. Require that the
ballot pamphlet include an analysis by the Legislative Analyst of indirect
impacts of the measure and any potential conflicts with other existing laws.
Require that the Legislature be given an opportunity to enact any statutory
initiative before the measure goes to the voters. Tighten up the "single-
subject" rule. Require that the ballot pamphlet contain a statement of the
effect of a "yes" or "no" vote. Require that initiatives be worded in such a
way that a "yes" vote is to adopt the proposal. Expand from 3 to 10 the
number of endorsements which can be included by proponents and
opponents. Require proponents to indicate whether they are using paid
signature gatherers.
2. (Page 4, item 2). Amend the language presently in the Constitution dealing
with local initiatives and referenda along the same lines as State measures
as described above.
3. (Page 7, item 11). Language having to do with the distribution of power
between the State and counties may need to be amended or repealed to
be consistent with other proposed changes.
4. (Page 13, item 32). Amend the language currently in the Constitution which
provides education with first call on the State's resources and replace it with
a statement declaring California's commitment to education as a top priority.
5. (Page 14, item 33). Amend the language currently in the Constitution which
provides for the minimum level of school funding [Proposition 98] and
replace it with a statement declaring California's commitment to education
as a top priority.
B. REMOVE FROM THE CONSTITUTION AND CONSIDER FOR REVERSAL OR
MODIFICATION:
1. (Page 5, item 3). Statement of findings regarding the power of incumbency
and the need to limit the number of terms an individual can serve at the
State level.
2. (Page 6, item 4). Limitation on the number of terms members of the
Senate and Assembly can serve.
3. (Page 6, item 5). Limitations on the retirement benefits of legislators.
C. REMOVE 2/3 VOTE REQUIREMENTS AND REPLACE WITH A 55% MAJORITY
REQUIREMENT:
1. (Page 7, item 7). Approval by the Legislature of the State Budget and other
appropriations from the State General Fund.
2. (Page 11, item 23). Approval by the Legislature of any changes in State
taxes which increase revenues.
3. (Page 11, item 24). Approval by the voters of special taxes at the local
level.
4. (Page 13, item 31). Approval by the Legislature to place any bond measure
on the ballot.
D. REMOVE FROM THE CONSTITUTION AND ADDRESS INSTEAD IN A
STATUTE:
1. (Page 6, item 6). Remove from the Constitution the specific dollar limit on
the expenditures of the Legislature. Provide in the Constitution that there
be a limit on the expenditures of the Legislature, but provide that the
amount be defined in statute.
2. (Page 7, item 8). Prohibiting the Legislature from authorizing lotteries in
California.
3. (Page 7, item 9). Provision allowing the Legislature to authorize cities and
counties to authorize bingo for charitable purposes.
4. (Page 7, item 10). Prohibiting the Legislature from authorizing casinos in
California.
5. (Page 9, item 18). Allows the Legislature to authorize counties and cities
to enter into sales tax sharing contracts as long as they are approved by
the voters.
6. (Page 15, item 35). Provisions authorizing the Legislature to divide the
State into fish and game districts and protect fish and game in districts or
parts of districts. Creation of the Fish and Game Commission and
provisions providing for its size and the method of selecting its members.
c
7. (Page 15, item 36). The Marine Resources Protection Act of 1990
[Proposition 132].
E. REMOVE FROM THE CONSTITUTION AND DO NOT REPLACE WITH OTHER
LANGUAGE.
1. (Page 8, item 12). Language enacted in 1976 which prohibits a new local
government, the boundaries of which include all or part of two or more
counties, from enacting a property tax without voter approval. ABAG notes
that in light of Proposition 13, this language is unnecessary.
F. REFER TO A SPECIAL COMMISSION ON REVENUE AND TAXATION POLICY.
1. (Page 8, item 13). Guarantee that all vehicle license fees will go to
counties and cities. ABAG notes that this should be done only in the
context of a comprehensive reform package with constitutionally guaranteed
funding for local governments.
2. (Page 11, item 25). State and local appropriations limits ["Gann" limit or
"Proposition 4" limit].
3. (Page 12, item 26). Requirement that the State return to the tax payers
revenue in excess of the "Gann" or "Proposition 4" limit.
4. (Page 12, item 27). Requirement that local governments return to the tax
payers revenue in excess of the "Gann" or 'Proposition 4" limit.
5. (Page 12, item 28). Authorization for governments to establish contingency
funds and definition of when contributions to such funds are subject to the
"Gann" or "Proposition 4" limit.
6. (Page 12, item 29). Authorization for the Legislature to establish a prudent
State reserve fund and provision for when it is subject to the "Gann" or
"Proposition 4" limit.
G. REMOVE FROM THE CONSTITUTION AND REFER TO A SPECIAL
COMMISSION ON REVENUE AND TAXATION POLICY:
1. (Page 8, item 14). Provision for a $7,000 homeowner's exemption.
2. (Page 9, item 15). Authority for the Legislature to provide maximum
property tax rates and bonding limits for local governments.
3. (Page 9, item 16). Authority for the Legislature to provide for an annual
levy by county governing bodies of school district taxes.
J , 1
t
4. (Page 9, item 17). Limitation on the amount of the total appropriations from
all funds of the State which can be raised by ad valorem real and personal
property taxes.
5. (Page 9, item 19). One percent limitation on the ad valorem tax on real
property [Proposition 13].
6. (Page 10, item 20). Definition of"full cash value" and "newly constructed".
7. (Page 10, item 21). Authorization for the Legislature to allow for the
transfer of the base year value from one home to another home in the
same county by individuals or couples 55 years of age or older.
8; (Page 11, item 22). Two percent cap on inflationary adjustments to real
property assessed value while held by the same owner.
9. (Page 13, item 30). Exemption of Proposition 99 (Cigarette Tax) funds from
the "Gann" or "Proposition 4" limit.
H. NEW, ADDITIONAL LANGUAGE SHOULD BE ADDED TO THE
CONSTITUTION.
1. (Page 14, item 34). ABAG proposes that a section be added to the
Constitution providing that all elected officials, including those elected to
Statewide office and the Legislature and all appointed officers in the
executive branch, be subject to all of the provisions of the Brown Act.
' Joseph P.Bort�illetroCenter Mailing Address: !
Eighth&Oak Streets P.O. Box 2050
Oakland Oakland, CA 94604-2050
(510)464-7900 Fax: (510)464-797,0
AUG. I n _
t----
DT: August 9, 1994 Gr
COUNTY ADMINISTRATOR
TO: General Assembly Delegates ---�
FR: Mayor Peter W. Snyder, Legislation and Governmental Organization Committee Chair
RE: ABAG Proposals for Constitutional Revisions
The attached document entitled, "Draft Recommended Revisions to the Constitution of the State
of California"was approved for distribution by ABAG's Legislation and Governmental
Organization(L&GO)Committee on August 4, 1994, as part of its continuing work on
restructuring government. Since the April 21, 1994 General Assembly meeting,the Committee
has worked diligently on these issues and has carefully.scrutinized each of the draft
recommendations.
This document is being sent to all ABAG-member cities and counties to provide an opportunity
for each jurisdiction to review it and take official action prior to the next General Assembly -
scheduled for Friday,December 9, 1994 in Oakland. (This review time was requested following
the last General Assembly at which delegates adopted ABAG's Platform on Restructuring
Government.)
We are asking you, as the delegate for your jurisdiction, to take the lead on the review of this
document. If your jurisdiction would prefer a formal review, please make the arrangements to
place it on your Board or.Council agenda.
Should your jurisdiction choose to take action on the entire document or on specific portions of it we
ask that you communicate aniadopted positions to ABAG by Friday.September 30, 1994.
All responses will be compiled by the L&GO Committee and submitted to the Executive Board,
along with the Committee's own recommendations, for approval as the primary General Assembly
discussion topic. If approved,the entire package will be transmitted to General Assembly
delegates to assist in adoption of a final position paper on constitutional amendments. The final
paper would then be sent to the Governor,the Legislature and the Constitutional Revision
Commission.
If your jurisdiction chooses not to respond in writing,you will still have the opportunity, as the
delegate,to communicate your ideas and suggestions to the General Assembly.
Please direct any responses or communications to Cathryn Billiard,Director of Government and
Public Affairs,P.O.Box 2050, Oakland, CA 946042050. (If you have any questions, please call
Cathryn at 510/464-7914 or Michelle Fadelli at 510/464-7922.)
Please work with your city manager or county administrator to agendize the item in August or
September in order to meet the September 30 deadline. Thank you.
cc: General Assembly Alternates, City Managers and County Administrators
THE
ASSOCIATION OF BAY AREA
GOVERNMENTS .
DRAFT RECOMMENDED REVISIONS .
TO THE
CONSTITUTION OF THE.
STATE OF CALIFORNIA
Approved for Review by the
Legislation and Governmental Organization Committee
August 4,, 1994
INTRODUCTION
In 1993, the Legislature adopted, and the Governor signed, Senate Bill 16 by Lucy Killea
(Chapter 12431. The bill mandated the formation of a Constitutional Revision Commission to
review the budget process and the relationship between the State and local governments
relatedto finances and programmatical responsibilities •— and required the Commission to
submit a report with recommendations to the Governor and the Legislature by August 1, 1995.
The 23-member commission was required to consist of ten members appointed by the
Governor (no more than six of one party), five members appointed by the Senate Rules
Committee (no more than three of one party), five members appointed by the Speaker of the
Assembly (no more than three of one party), and three additional members: the Chief Justice of
the Supreme Court, the Legislative Analyst, and the Director of the Department of Finance.
The Constitutional Revision Commission met for the first time on May 3, 1994, and is
expected to meet through August of 1995.
4.
For years, cities and counties have been struggling with eroding revenue supplies
while facing increased demands for services. The decreasing revenues resulted from a
combination of a downturn in the California economy and the State's shifting of funds away
from local governments to offset State shortages. The crisis stage was reached in 1993 when
the State transferred $2.6 billion in property tax revenues away from cities and counties to help
balance the State Budget. Local governments want the shell game stopped.
State officials began a dialogue to redefine the State's role as a service provider and to
re-examine the fiscal relationship between the State and local governments. Specific
proposals to 'restructure government" have been produced by the Legislative Analyst and the
Governor.
In response to those proposals, ABAGs General Assembly adopted its own "Platform
on Restructuring Government* an April 21. 1,994, which was distributed to the Governor, the
Legislature, the Constitutional Revisidn Commission, and other parties interested in
government reform. In the course of its work in drafting that document, ABAGs Legislation
and Governmental Organization (L&GO) Committee learned that restructuring government
proposals would be pursued and potentially enacted through changes in administrative policy,
legislation,, the State Budget, as well as through amendments to the State-Constitution.
As a continuation of its.workon restructuring government, the L&GO Committee began
reviewing the State Constitution in May of 1994. The committee analyzed a wide array of
issues in the Constitution, heard presentations from governmental and scholastic sources, and
discussed potential reforms to the Constitution which may enhance governmental reform in
California, particularly reforms related to the working relationship between the State and local
governments.
This document entitled,. "Draft Recommended Revisions to the Constitution of the State
of California,' is the product of the L&GO Committee and is a compilation of its work through
August 4, 1994.
The document consists of a list of provisions from the Constitution, each followed by a
specific recommendation for action. The Constitutional provisions are presented in the order in
which they appear in the Constitution; item numbering does not indicate any order of priority
assigned by the L&GO Committee. Recommendations are varied, including: transferring a
provision from the Constitution to statute, complete deletion from the Constitution, modification,
or referral to an expert committee.
These recommended revisions to the State Constitution are being distributed to ABAG-
member cities and counties around the Bay in order to provide an opportunity for official action
by all jurisdictions prior to ABAG`s next General Assembly scheduled for December 9 in.
Oakland. Following General Assembly approval, the revised document will be forwarded to
the Governor, Legislature and the Constitutional Revision Commission as ABAG's official
positions on constitutional revisions.
Members of the expanded L&GO Committee that have contributed to the drafting of this
document include:
Chair. Peter W. Snyder, Mayor - City of Dublin
Vice Chair. Paul Kloecker, Councilmember, City of Gilroy
Members: Peter Foppiano, Councilmember - City of Healdsburg
Mary Griffin, Supervisor - San Mateo County
Patricia Hilligoss, Mayor - City of Petaluma
Ted Lempert, Supervisor - San Mateo County
Charlotte Powers, Councilmember - City of San Jos$
Richard Spees, Councilmember - City of Oakland
Tom Torlakson, Supervisor - Contra Costa County
Barbara Waldman, Councilmember - City of Sunnyvale
Lonnie Washington, Jr., Councilmember - City of Richmond
(Karen Andersoh, Councilmember - City of Saratoga - until 6/28/94)
Members of the Jane Bartke, Mayor - City of EI Cerrito
Expanded Anthony Cermak, Mayor, City of Sonoma
Committee: Gretchen Mariotti, Councilmember - City of Pinole
Ed Solomon, Mayor - City of Napa
Linda Spiro, Councilmember - City of Rohnert Park
Karen Tucker, Councilmember - City of Saratoga
Please contact Michelle Fadelli at 510/464-7922 or Cathryn Hilliard at 510/464-7914 in the
Government and Public Affairs Office with any questions.
2
1 54e
-Developmental Disabilities CouncilContra Cecily Purcell
Chairperson
' 2801 Robert H. Miller Drive iane Jor ensen
Richmond, CA 94806-1997 Costa -------------D 9
(510) 374-3665 County RECEIVED 4ecutive Director
DEAL JUL ' `1 M
gi ' a< CLERK BOARD OF SUPERVISORS
��r `•�� CONTRA COSTA CO.
9•w� v
O r v
July 11, 1994
TO: Board of Supervisors, Contra Costa County
FROM: Cecily Purcell, Chairperson
Developmental Disabilities Council
Contra Costa County
SUBJECT: RECOMMENDATION FOR THE APPOINTMENT OF GRACE MINA-NAVALTA
TO THE AREA DEVELOPMENTAL DISABILITIES BOARD 5
The Developmental Disabilities Council is recommending Grace
Mina-Navalta to fill the Board of Sueprvisor' s appointment vacancy
to Area Developmental Disabilities Board 5 . Mrs . Navalta will fill
a 2% year term from July 1994 to December 1997 .
Mrs. Navalta is the parent of a young child with disabilities .
As such, she can provide important insight and practical infor-
mation to the Area Board. She has recently participated in a
Partners in Policymaking training and will bring these additional
skills to her appointment . We feel she will represent Contra Costa
County extremely well . Her address and phone are as follows :
Grace Mina Navalta
236 Amberleaf Way
Brentwood, CA 94513
(510) 634-8170
We look forward to your action regarding her appointment .
CC: Area Board' 5
Grace Mina Navalta
DRAFT RECOMMENDED REVISIONS TO THE
"CONSTITUTION OF THE STATE OF CALIFORNIA
NOTE: The page number reference after each item, following the article and section number
from the Constitution, refer to a 1993 publication by the California Legislature which includes
the Constitution of the United States and the Constitution of the State of California. This
publication is available from ABAG's Government and Public Affairs Office, or from the
Legislative Bill Room at 916/445-2323.
1. Approval of Initiatives and Referendum- (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 measure approved at the same election conflict, those of the
measure receiving the highest affirmative vote shall prevail.
(c) The Legislature may amend or repeal referendum statutes. It may amend or repeal an
initiative statute by another statute that becomes effective only when approved by the electors,
unless the initiative statute permits amendment or repeal without their approval.
(d) Prior to circulation of an initiative or referendum petition for signatures, a copy shall be
submitted to the Attorney General who shall prepare a title and summary of the measure as
provided by law.
(e) The Legislature shall provide the manner in which petitions shall be circulated, presented,
and certified, and measures submitted to the electors. [Article ll, Section 101. See pages 94
and 95.
Recommendation:
(1A) Prior to circulation,require an initiative or referendum to be submitted to the
Attorney General or the Legislative-Counsel for preparation of a legal review including
a constitutionality review,and require that review to be presented to proponents;
(1B)Prior to circulation,require the initiative or referendum to be submitted to the
Legislative Analyst for preparation of a brief summary stating the clear intent of the
measure in lay tenns, and require that summary to be presented to prospective
signators.
(1C)Prior to circulation,require the true identity of the sponsors to be listed in bold
print at the top of any sheet used for gathering signatures and on the ballot pamphlet;if
a PAC or other committee is the sponsor,require the major contributors to be clearly
identified.
(113)Require the Legislative Analyst to prepare a brief analysis of an initiative or
3
referendum describing potential indirect impacts of the proposal and potential conflicts
with other initiatives or existing law;and require that analysis to be included in the
ballot pamphlet.
(1E)All statutory initiatives should be submitted to the Legislature for consideration. If
adopted by the Legislature,the initiative should not be submitted to the voters. If the
Legislature rejects the proposal,fails to act,or adopts an alternative version,the
proposal should be submitted to the voters.
(1F)The"single-subject rule"should be more narrowly defined for initiatives;any
provisions not strictly necessary to the purpose stated in the title of an initiative should
be invalid.
(1G)The ballot pamphlet should contain a brief statement of the effect of a "yes" or
"no" vote.
(1H)Initiatives should be required to be worded such that an affirmative vote is a vote
to adopt the proposal.
(11) Proponents and opponents should be allowed to list the endorsement of up to ten
individuals or organizations instead of the current three.
(1J) Require proponents to indicate whether paid signature gatherers are being used to
qualify an initiative for the ballot. All sheets used for gathering signatures should
provide this information in bold at the top of each page with a box to be checked off
indicating that signature gatherers are"0 PAID or 13 UNPAID."
2. Local Power of Initiative and Referendum- Initiative and referendum powers may be
exercised by the electors of each city or county under procedures that the Legislature shall
provide. This section does not affect a city having a charter. [Article II. Section 111. See page
95.
Recommendation:
(24) Prior to circulation,require an initiative or referendum to be submitted to the
Attorney General or the.Legislative Counsel for preparation of a legal review including
a constitutionality review,and require that review to be presented to proponents;
(2B)Prior to circulation,require the initiative or referendum to be submitted to the
Legislative Analyst for preparation of a brief summary stating the clear intent of the
measure in lay terms,and require that summary to be presented to prospective
signators.
f20 Prior to circulation,require the true identity of the sponsors to be listed in bold
print at the top of any sheet used for gathering signatures and on the ballot pamphlet;if
a PAC or other committee is the sponsor,require the major contributors to be clearly
idendfied.
4
(20) Require the Legislative Analyst to prepare a brief analysis of an initiative or
referendum describing potential indirect impacts of the proposal and potential conflicts
with other initiatives or existing law;and require that analysis to be included in the
ballot pamphlet.
(2E)All statutory initiatives should be submitted to the Legislature for consideration. If
adopted by the Legislature,the initiative should not be submitted to the voters. If the
Legislature rejects the proposal,fails to act,or adopts an alternative version,the
proposal should be submitted to the voters.
(2F)The "single-subject rule"should be more narrowly defined for initiatives;any
provisions not strictly necessary to the purpose stated in the title of an initiative should
be invalid.
ti
(2G)The ballot pamphlet should contain a brief statement of the effect of a "yes"or
"no" vote.
(2H) Initiatives should be required to be worded such that an affirmative vote is a vote
to adopt the proposal.
(21) Proponents and opponents should be allowed to list the endorsement of up to ten
individuals or organizations instead of the current three.
(2J)Require proponents to indicate whether paid signature gatherers are being used to
qualify an initiative for the ballot. All sheets used for gathering signatures should
provide this information in bold at the top of each page with a box to be checked off
indicating that signature gatherers are "0 PAID or❑ UNPAID."
3. Restriction on Incumben arop. 140- 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
5
served. [Article IV, Section 1.51. See pages 101 and 102.
Recommendation:
(3A) Remove from Constitution and consider reversal or modification.
4. Term Limitations/Proo. 140- (a) The Senate has a membership of 40 Senators elected for 4-
year terms, 20 to begin every 2 years. No Senator may serve more than 2 terms.
The Assembly has a membership of 80 members elected for 2-year terms. No member of the
Assembly may serve more than 3 terms. [Article IV, Section 21. See page 102.
Recommendation:
(4A)Remove from Constitution and consider reversal or modification.
5. Retirement BenefitsfPro , 140- (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 1967 or later, allowance may be made for increases in the cost of living
if so provided by statute, but only with respect to increases in the cost of living occurring after
retirement of the Member. However, the Legislature may provide that no Member shall be
deprived of a cost of living adjustment based on a monthly salary of five hundred dollars ($500)
which has accrued prior to the commencement of the 1967 Regular Session of the Legislature.
[Article IV, Section 41. See page 104.
Recommendation:
(5A) The legislature should have the same and equal rights and retirement benefits as
other state employees.
6. Legislative Expenditures- 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 year,
whichever is less. For each fiscal year thereafter, the total aggregate expenditures may not
exceed art amount equal to that expended for those purposes in the preceding fiscal year,
adjusted and compounded by an amount equal to the percentage increase in the appropriations
limit for the State established pursuant to Article XIIIB., [Article IV, Section 7.51. See page 107.
6
Recommendation:
(6AJ The Constitution may provide for an expenditure limit however the amount should
be specified in statute to more easily be adjusted for inflation and changes in need for
expenditures.
7. State Budget- Appropriations from the General Fund of the State, except appropriations for
the public schools, are void unless passed in each house by rollcall vote entered in the
journal, two-thirds of the membership concurring. [Article IV, Section 12(d)]. See page 110.
Recommendation:
(7A)Delete requirement for two-thirds vote,and replace with requirement for majority
vote.
8. Lotteries- The Legislature has no power to authorize lotteries and shall prohibit the sale of
lottery tickets in the State. [Article IV, Section 19(a)]. See page 111.
Recommendation:
(SAJ This item need not be in the Constitution and should be dealt with in statute.
9. Bingo- Notwithstanding subdivision (a) the Legislature by statute may authorize cities and
counties to provide for bingo games, but only for charitable purposes. [Article IV, Section 19(c)].
See page 111.
Recommendation:
MA) This item need not be in the Constitution and should be dealt with in statute.
10. Casinos- The Legislature has no power to authorize, and shall prohibit casinos of the type
currently operating in Nevada and ,New Jersey. [Article IV, Section 19(e)]. See page 111.
Recommendation:
(IDA)This item need not be in the Constitution and should be dealt with in statute.
11. Distribution of Power/Construction-of Article- 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.
7
The terms general law, general laws, and laws, as used in this Article, shall be
construed as a continuation and restatement of those terms as used in the Constitution in effect
immediately prior to the effective date of this amendment, and not as effecting a change in
meaning. [Article XI, Section 131. See page 153.
Recommendation:
(11A) Delete or amend as necessary to accommodate other proposed constitutional
revisions.
12. New Local Governments/Property Taxes- 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 a tax has been approved by a majority vote of the qualified
voters of that local government voting on the issue of th6 tax. [Article XI, Section 141. See
page 154.
Recommendation:
(124)In light of Proposition 13 limits,this provision could be deleted from the
Constitution.
13. Vehicle License Fees- All revenues from taxes imposed pursuant to the Vehicle License
Fee Law, or its successor, other than fees on trailer coaches and mobilehomes, over and
above the costs of collection and any refunds authorized by law, shall be allocated to counties
and cities according to statute. [Article XI, Section 15(a)]. See page 154.
Recommendation:
(13A) This item maybe considered formoditication by an appointed commission as
part of an entire package of revenue and taxation policy,but only in the context of a
comprehensive reform package with constitutionally guaranteed funding for local
governments.
14. omeowner's Exemption- (The following is exempt from property taxation:) $7,000 of the
full value of a dwelling, as defined by the Legislature, when occupied by an owner as his
principle residence, unless the dwelling is receiving another real property exemption. [Article
XIII, Section 3M]. See page 160.
Recommendation:
(14A) This item should be considered for modification by an appointed commission as
part of an entire package of revenue and taxation policy reform,and need not be in the
Constitution.
8
15. Maximum Property Tax Rates- The Legislature may provide maximum property tax rates
and bonding limits for local governments. [Article XIII, Section 201 See page 168.
Recommendation:
(15A) This item should be considered for modification by an appointed commission as
part of an entire package of revenue and taxation policy reform,and need not be in the
Constitution.
16. School District Taxes- Within such limits as may be provided under Section 20 of this
Article, the Legislature shall provide for an annual levy by county governing bodies of school
district taxes sufficient to produce annual revenues for each district that the district's board
determines are required for its schools and district functions. [Article XIII, Section 211. See
page 168.
Recommendation:
(16A) This item should be considered for modification by an appointed commission as
part of an entire package of revenue and taxation policy reform,and need not be in the
Constitution.
17. Property Tax limitation- Not more than 25 percent of the total appropriations from all funds
of the State shall be raised by means of taxes on real and personal property according to the
value thereof. [Article XIII, Section 22). See page 168.
Recommendation:
(17A)This item should be considered for modification by an appointed commission as
part of an entire package of revenue and taxation policy reform,and need not be in the
Constitution.
18. Local Government Tax Sharing- The Legislature may authorize counties, cities and
counties, and cities to enter into contracts to apportion between them the revenue derived from
any sales or use tax imposed by them which is collected for them by the State. Before any
such contract becomes operative, it shall be authorized by a majority of those voting on the
question in each jurisdiction at a general or direct primary election. [Article XIII, Section 291.
See page 172.
Recommendation:
(18A) This item need not be in the Constitution,and should be dealt with in statute.
19. AVT on Real ProReln- 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. [Article XIII A, Section 11.
See page 17.
9
Recommendation:
(ISA) This item should he considered for modification by an appointed commission as
part of an entire package of revenue and taxation policy reform,and need not be in the
Constitution.
20. Full-Cash Value- 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 of ownership has
occurred after the 1975 assessment. All real property not already assessed up to the 1975-76
full cash value may be reassessed to reflect that valuation. For purposes of this section,
"newly constructed" does not include real property which is reconstructed after a disaster, as
declared by the Governor, where the fair market value of the real property, as reconstructed is
comparable to its fair market value prior to the disaster. Also, the term "newly constructed'
shall not include the portion of reconstruction or improvement to a structure, constructed of
unreinforced masonry bearing wall construction, necessary to comply with any local
ordinance relating to seismic safety during the first 15 years following that reconstruction or
improvement. [Article X111 A, Section 2(a)]. See page 174.
Recommendation
1(20A) This item Should be considered for modification by an appointed commission as
part of an entire package of revenue and taxation policy reform,and need not be in the
Constitution.
21. ,base Year Value Transfer for Persgns Over 55- The Legislature may provide that under
appropriate circumstances and pursuant to definitions and procedures established by the
Legislature, any person over the age of 55 years who resides in property which is eligible for
the homeowner's exemption under subdivision (k) of Section 3 of Article XIII and any
implementing legislation may transfer the base year value of the property entitled to exemption,
with the adjustments authorized by subdivision (b), to any replacement dwelling of equal or
lesser value located within the same county and purchased or newly constructed by that
person as his or her principal residence within two years of the sale of the original property.
For purposes of this section, "any person over the age of 55.years" includes a married couple
one member of which is over the age of 55 years. For purposes of this section, "replacement
dwelling" means a building, structure, or other shelter constituting a place of abode, whether
real property or personal property, and any land on which it may be situated. For purposes of
this section, a two-dwelling unit shall be considered as two separate single-family dwellings.
This paragraph shall apply to any replacement dwelling which was purchased or newly
constructed on or after November 5, 1986. [Article XIII A, Section 2(a)]. See page 174.
Recommendation:
(21A)This item should be considered for modification by an appointed commission as
part of an entire package of revenue and taxation policy reform,and need not be in the
10
Constitution.
U. Two Percent Can on Inflationary Increase to Full Cash Value - 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 date for the area under taxing
jurisdiction, or may be reduced to reflect substantial damage, destruction or other factors
causing a decline in value. [Article XIII A, Section 2(b)]. See page 175.
Recommendation:
(22A) This item should be considered for modification by an appointed commission as
part of an entire package of revenue and taxation policy reform,and need not be in the
Constitution.
23. Two-Thirds Vote for State Taxes- Any changes in State taxes enacted for the purpose of
increasing revenues collected pursuant thereto whether by increased rates or changes in
methods of computation must be imposed by an Act passed by not less than two-thirds of all
members elected to each of the two houses of the Legislature, except that no new ad valorem
taxes on real property, or sales or transaction taxes on the sales of real property may be
imposed. [Article XIII A, Section 31. See page 177.
Recommendation:
(23A) Delete requirement for two-thirds vote,and replace with requirement for a vote of
55%.
24. Two-Thirds Vote of the People-for Special Local Taxes- Cities, counties and special
districts, by a two-thirds vote of the qualified electors of such district, may impose special
taxes on such district, except ad valorem taxes on real property or a transaction tax or sales
tax on the sale of real property within such city, county, or special district. [Article XIII A,
Section 41. See page 177.
Recommendation
(24A)Delete requirement for two-thirds vote and replace with requirement for vote of
25. State and Local Appropriations Limits- The total annual appropriations subject to limitation
of the State and of each local government shall not exceed the appropriations limit of the entity
of government for the prior year adjusted for the change in the cost of living and the change in
Population, except as otherwise provided in this article. [Article XIII 6, Section 11. See page
178.
Recommendation:
t�
(25A) This item should be considered for modification by an appointed commission as
part of an entire package of revenue and taxation policy.
26. Return of Excess State Revenues- 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. [Article XIII B, Section 2(a)(2)]. See
page 178.
Recommendation:
(26A)This item should be considered for modification by an appointed commission as
part of an entire package of revenue and taxation policy.
27. Return of Excess Local Revenues- All revenues received by an entity of government, other
than the State, in a fiscal year and in the fiscal year immediately following it in excess of the
amount which may be appropriated by the entity in compliance with this article during that
fiscal year and the fiscal year immediately following it 'shall be returned by a revision of tax
rates or fee schedules within the next two subsequent fiscal years. [Article XIII B, Section
2(b)]. See page 179.
Recommendation:
(27A) This item should be considered for modification by an appointed commission as
part of an entire packagq of revenue and taxation policy.
28. Contingency Funds Subiectto Appropriations Limit- Each entity of government may
establish such contingency, emergency, unemployment, reserve, retirement, sinking fund,
trust, or similar funds as it shall deem reasonable and proper. Contributions to any such fund,
to the extent that such contributions are derived from the proceeds of taxes, shall for purposes
of this Article constitute appropriations subject to limitation in the year of contribution. Neither
withdrawals from any such fund, nor expenditures of (or authorizations to expend) such
withdrawals, nor transfers between or among such funds, shall for purposes of this Article
constitute appropriations subject to limitation. [Article XIII B, Section 51. See page 180.
Recommendation:
(28A) This item should be considered for modification by an appointed commission as
part of an entire package of revenue and taxation policy.
29. Prudent State Reserve- The Legislature shall establish a prudent State reserve fund in
such amount as it shall deem reasonable and necessary. Contributions to, and withdrawals
12
from, the fund shall be subject to the provisions of Section 5 of this Article. [Article XIII B,
Section 5.51. See page 180.
Recommendation:
(29A) This item should be considered for modification by an appointed commission as
part of an entire package of revenue and taxation policy.
30. Tobacco Surtax- "Appropriations subject to limitation" of each entity of government shall
not include appropriations of revenue from the Cigarette and Tobacco Products Surtax Fund
created by the Tobacco Tax and Health Protection Act of 1988. No adjustment in the
appropriations limit of any entity of government shall be required pursuant to Section 3 as a
result of revenue being deposited in or appropriated from the Cigarette and Tobacco Surtax
Fund created by the Tobacco Tax and Health Protection Act of 1988. [Article XIII B. Section 12].
See page 183.
Recommendation:
(30A) This item should be considered for modification by an appointed commission as
part of an entire package of revenue and taxation policy,and need not be in the
Constitution.
31. Two-Thirds Vote for Bond Measures- 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 $300,000... 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 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. [Article XVI, Section 11. See page 188-189.
Recommendation:
(31A)Delete requirement for two-thirds vote and replace with requirement for vote of
32. School Funding Priority- 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
13
higher education. [Article XVI, Section 8(a)]. See page 195.
Recommendation:
(32A) This item should be replaced with a statement declaring California's commitment
to education as a top priority.
33. Minimum School Funding- 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,
was appropriated for school districts and community college districts in FY 1986-87; (2) (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), not less than the total allocations to school districts and community college
districts from General Fund proceeds of taxes in the prior fiscal year excluding any revenues
allocated pursuant to subdivision (a) of Section 8.5 (adjusted for changes in enrollment and for
the change in the cost of living; (3) The amount which, as a percentage, was appropriated for
school districts and community college districts in FY 1986-87 excluding any revenues
allocated pursuant to subdivision (a) of Section 8.5, adjusted for changes in enrollment and per
capita General Fund revenues. [Article XVI, Section 8(b)]. See page 195.
Recommendation:
(33A) This item should be replaced with a statement declaring California's commitment
to education as a top priority.
V.�.`..
The following item is not currently in the Constitution but is recommended for addition.
34. Brown Act Compliance for All Elected Officials and Executive Officers-
Recommendation:
(34A)A new constitutional prd vision should be drafted to req&re all elected officials,
including but not limited to officials elected to statewide office and the Legislature,and
all appointed officers in the executive branch,to be subject to all the provisions of the
Ralph M. Brown Act
The following items are not related to the relationship between the State and local
14
governments,state and local financing, or general governmental reform. However, related
recommendations are made in terms of the goal of streamlining the Constitution.
35. Fish and Game- (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 prorogation of fish and game as the Legislature sees fit. A
member of the commission may be removed by concurrent resolution adopted by each house,
a majority of the membership concurring. (Article IV, Section 201. See page 112.
Recommendation:
`.(35A)This item need not be in the Constitution and should be dealt with in statute.
36. Marine Resources Protection Act of 1990- Section 1. This article shall be known and may
be cited as the Marine Resources 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 or1y 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
15
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 of 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 $1000
Section 7. (a) Within 90 days after the effective date of this section, every person who intends
to seek compensation and 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 through 187, 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
16
r
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 B. (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 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 resource 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.
17
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 ($1000) and not more than five thousand
dollars ($5000) 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 a 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 of 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
egological 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 sue 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.
[Article X B. Section 1-161. See pages 144-149.
Recommendation: This item need not be in the Constitution and should be
dealt with in statute.
For more info20.mation on this document, please contact Michelle Fadelli at 51014647922 or
Cathryn Hilliard at 510/464-7914.
18