Selected Highlights from California’s Constitution, Part VI

The California Constitution, one of the longest of the fifty states, has 32 articles (even though the last one is numbered 35), and three articles contain subparts (Articles 10, 13 and 19). There are approximately 365 sections contained in those articles. The following is an overview of the specific provisions of the state constitution.

This is the final section, Articles XIX – XXXV.

Part V is HERE with Articles XIV – XV

Part IV is HERE with Articles XII – XIII

Part lll is HERE with Articles lX – Xl

Part ll is HERE with Articles lV – Vll

Part l is HERE with Articles l – lll

ARTICLE XIX MOTOR VEHICLE REVENUES [Sections 1 – 10]

Article 19 was moved from Article 26 by Proposition 14 at the June 8, 1976 election. This article contains the following ten sections:

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.

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 specified purposes.

Section 4 – Except as provided, 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. 

Section 5 – Revenues allocated 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.

Section 6 – Up to 25 percent of the revenues allocated to the State pursuant to Section 4 for the purposes specified 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.

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.

 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 – The Legislature, by statute, with respect to surplus state property acquired by the expenditure of tax revenues 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.

ARTICLE XIX A LOANS FROM THE PUBLIC TRANSPORTATION ACCOUNT OR LOCAL TRANSPORTATION FUNDS [Sections 1 – 2]

Article 19A was added by Proposition 2 on the November 3, 1998 ballot. The article contains the following two sections.

Section 1 – 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.

Section 2 – 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. All local transportation funds are hereby designated trust funds.

ARTICLE XIX B MOTOR VEHICLE FUEL SALES TAX REVENUES AND TRANSPORTATION IMPROVEMENT FUNDING [Sections 1 – 2]

Article 19B was added by Proposition 42 on the March 5, 2002 ballot. This article contains the following two sections.

Section 1 provides that 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 – 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, 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, shall be deposited into the Transportation Investment Fund or its successor, which is hereby created in the State Treasury.

ARTICLE XIX C [ENFORCEMENT OF CERTAIN PROVISIONS] [Sections 1 – 4]

Article 19C was added by Proposition 22 on the November 2, 2010 ballot. This article contains the following four sections:

Section 1 – If any challenge to invalidate an action that violates Article XIX, XIX A, or XIX 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 XIII 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.  

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.  

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.

ARTICLE XIX D VEHICLE LICENSE FEE REVENUES FOR TRANSPORTATION PURPOSES [Section 1]

Article 19D was added by Proposition 69 on the June 5, 2018 ballot. It contains the following section:

Section 1 – Revenues derived from vehicle fees imposed under the Vehicle License Fee Law, or its successor, over and above the costs of collection and any refunds authorized by law, shall be used solely for transportation purposes.

ARTICLE XX MISCELLANEOUS SUBJECTS [Sections 1 – 23]

Article 20 was adopted in 1879 as part of the California Constitution. This article contains the following provisions:  

Section 1 provides that 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.

Section 1.5 states that 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 provides that the rights, powers, privileges, and confirmations conferred by Sections 10 and 15 of Article IX in effect on January 1, 1973, relating to Stanford University and the Huntington Library and Art Gallery, are continued in effect.  

Section 3 states that the 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, must take and subscribe to an oath set forth in the constitution before they enter upon the duties of their respective offices.  

Section 4 states the Legislature cannot pass any laws permitting the leasing or alienation of any franchise, so as to relieve the franchise or property held 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 specifies that all laws now in force in this State concerning corporations and all laws that may be passed pursuant to this section may be altered from time to time or repealed.  

Section 6 requires that any legislator whose term of office is reduced by operation of a constitutional provision adopted by the people in 1972 must be entitled to retirement benefits and compensation as if the term of office had not been so reduced.  

Section 7 provides that the limitations on the number of terms 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.  

Section 22 specifies that the State of California, subject to the internal revenue laws of the United States, has the exclusive right and power to license and regulate the manufacture, sale, purchase, possession and transportation of alcoholic beverages within the State.   

Section 23 provides that the Speaker of the Assembly is an ex officio member, having equal rights and duties with the non-legislative members, of any state agency created by the Legislature in the field of public higher education which is charged with the management, administration, and control of the State College System of California.

ARTICLE XXI REDISTRICTING OF SENATE, ASSEMBLY, CONGRESSIONAL AND BOARD OF EQUALIZATION DISTRICTS [Sections 1 – 3]

Article 21, dealing with the redistricting of the senate, assembly, congressional, and board of equalization districts, was most recently amended by Proposition 11 on the November 4, 2008 ballot. It contains the following three sections:

Section 1 states that, 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 must 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 this article.  

Section 2 specifies that the Citizens Redistricting Commission was created no later than December 31 in 2010, and in each year ending in the number zero thereafter.

Section 3 provides that the Redistricting Commission has the sole legal standing to defend any action regarding a certified final map and that it must inform the Legislature if it determines that funds or other resources provided for the operation of the commission are not adequate, in which case the Legislature must provide adequate funding to defend any action regarding a certified map.

ARTICLE XXII [ARCHITECTURAL AND ENGINEERING SERVICES] [Sections 1 – 2]

Article 22, dealing with architectural and engineering services, was added to the California Constitution by Proposition 35 at the November 7, 2000 election. The article contains the following two sections:

Section 1 establishes that the State of California and all other governmental entities including, but not limited to, cities, counties, cities and counties, school districts and other special districts, local and regional agencies and joint power agencies, must be allowed to contract with qualified private entities for architectural and engineering services for all public works of improvement.

Section 2 provides that nothing contained in Article VII of the state constitution is to be construed to limit, restrict or prohibit the State or any other governmental entities including, but not limited to, cities, counties, cities and counties, school districts and other special districts, local and regional agencies and joint power agencies, from contracting with private entities for the performance of architectural and engineering services.

ARTICLE XXXIV PUBLIC HOUSING PROJECT LAW [Sections 1 – 4]

Article 34, dealing with public housing projects, was added to the California Constitution by Proposition 10 at the November 7, 1950 election. The article contains the following four sections:

Section 1 – No low rent housing project shall hereafter be developed, constructed, or acquired in any manner by any state public body until, a majority of the qualified electors of the city, town or county, as the case may be, in which it is proposed to develop, construct, or acquire the same, voting upon such issue, approve such project by voting in favor thereof at an election to be held for that purpose, or at any general or special election.  

Section 2 – The provisions of this Article shall be self-executing but legislation not in conflict herewith may be enacted to facilitate its operation.  

Section 3 – If any portion, section or clause of this article, or the application thereof to any person or circumstance, shall for any reason be declared unconstitutional or held invalid, the remainder of this Article, or the application of such portion, section or clause to other persons or circumstances, shall not be affected thereby.  

Section 4 – The provisions of this Article shall supersede all provisions of this Constitution and laws enacted thereunder in conflict therewith.

ARTICLE XXXV MEDICAL RESEARCH [Sections 1 – 7]

Article 35, dealing with medical research, was added to the California Constitution by Proposition 71 that was adopted by the voters on November 2, 2004. This article contains the following seven sections:

Section 1 establishes the California Institute for Regenerative Medicine.

Section 2 provides that the Institute has the following purpose: To make grants and loans for stem cell research, for research facilities, and for other vital research opportunities to realize therapies, protocols, and/or medical procedures that will result in, as speedily as possible, the cure for, and/or substantial mitigation of, major diseases, injuries, and orphan diseases.

Section 3 prohibits the Institute from using any funds for research involving human reproductive cloning.

Section 4 authorizes the continuous appropriation of funds to the Institute regardless of the fiscal year, and makes those funds available and used only for the purposes provided in this article, and are prohibited from being appropriated or transferred by the Legislature or the Governor for any other purpose.

Section 5 establishes a right to conduct stem cell research which includes research involving adult stem cells, cord blood stem cells, pluripotent stem cells, and/or progenitor cells. This section defines pluripotent stem cells and progenitor cells.

Section 6 establishes the Institute in state government and authorized it to utilize state issued tax-exempt and taxable bonds to fund its operations, medical and scientific research, including therapy development through clinical trials, and facilities.

Section 7 provides that the Institute and its employees are exempt from civil service.