California Proposition 60A (2004)

Last updated

Proposition 60A was an amendment of the Constitution of California, enacted in 2004, relating to funds from the sale of government property. It was proposed by the California Legislature and approved by the voters in a referendum held as part of the November 2004 election, by a majority of 73%.

Constitution of California primary organizing law for the U.S. state of California

The Constitution of California is the primary organizing law for the U.S. state of California, describing the duties, powers, structures and functions of the government of California. Following cession of the area from Mexico to the United States in the Treaty of Guadalupe Hidalgo that ended the Mexican–American War, California's original constitution was drafted in both English and Spanish by delegates elected on August 1, 1849, to represent all communities home to non-indigenous citizens. The delegates wrote and adopted the constitution at the 1849 Constitutional Convention, held beginning on September 3 in Monterey, and voters approved the new constitution on November 13, 1849. Adoption of the "state" constitution actually preceded California's Admission to the Union on September 9, 1850 by almost ten months.

California State Legislature state legislature of the U.S. state of California

The California State Legislature is a bicameral legislature consisting of a lower house, the California State Assembly, with 80 members; and an upper house, the California State Senate, with 40 members. Both houses of the Legislature convene at the California State Capitol in Sacramento. The California State Legislature is one of just ten full-time state legislatures in the United States.

A referendum is a direct vote in which an entire electorate is invited to vote on a particular proposal. This may result in the adoption of a new law. In some countries, it is synonymous with a plebiscite or a vote on a ballot question.

Contents

Provisions

The law directed funds collected from the sale of surplus government property toward repaying the $15 billion in bonds authorized by the passage of Proposition 57 in March 2004. The official summary of the proposition reads:

Bond (finance) instrument of indebtedness

In finance, a bond is an instrument of indebtedness of the bond issuer to the holders. The most common types of bonds include municipal bonds and corporate bonds.

Dedicates proceeds from sale of surplus state property purchased with General Fund monies to payment of principal, interest on Economic Recovery Bonds approved in March 2004. When those bonds are repaid, surplus property sales proceeds directed to Special Fund For Economic Uncertainties.

To do this the amendment added to the state constitution Article III, Section 9, stating that

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 XIX or any other special fund moneys. [1]

The Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact predicted "Net savings over the longer term-potentially low. Tens of millions of dollars-from accelerated repayment of existing bonds".

Process of enactment

In 2004 the state legislature proposed a constitutional amendment called Senate Constitutional Amendment 18. [2] This contained provisions relating to both primary elections and funds from the sale of government property. This was to be put to voters as a single measure called Proposition 60. However Californians for an Open Primary challenged the measure as a violation of the rule that ballot propositions must deal with only a single subject. The group wished to have Proposition 60 removed from the ballot. Instead, in Californians for an Open Primary v. Shelley, the Third District Court of Appeals ordered that the proposition be split, so that the provisions relating to government property would become a separate measure, called Proposition 60A. [3]

California ballot proposition statewide referendum item in California

In California, a ballot proposition can be a referendum or an initiative measure that is submitted to the electorate for a direct decision or direct vote. If passed, it can alter one or more of the articles of the Constitution of California, one or more of the 29 California Codes, or another law in the California Statutes by clarifying current or adding statute(s) or removing current statute(s).

Senate Constitutional Amendment 18 (which included the provisions that would become Proposition 60A) was approved by the California Assembly by a vote of 55-21 and by the State Senate by a vote of 28-3. On November 2, 2004 it was approved by the electorate with 7,776,374 (73.3%) votes in favor and 2,843,435 (26.7%) against.

California State Assembly lower house of the California State Legislature

The California State Assembly is the lower house of the California State Legislature, the upper house being the California State Senate. The Assembly convenes, along with the State Senate, at the California State Capitol in Sacramento.

California State Senate upper house of the California State Legislature

The California State Senate is the upper house of the California State Legislature, the lower house being the California State Assembly. The State Senate convenes, along with the State Assembly, at the California State Capitol in Sacramento.

Related Research Articles

2004 California Proposition 55

Proposition 55 was a California ballot proposition on the March 2, 2004 ballot. It passed with 3,239,706 (50.9%) votes in favor and 3,130,921 (49.1%) against. The official title was Kindergarten-University Public Education Facilities Bond Act of 2004. Its main provisions authorized the sale of $12.3 billion in bonds intended to relieve overcrowding and to repair public education facilities from public elementary schools through public universities.

2004 California Proposition 1A about protecting local funding being repurposed for state usage

Proposition 1A was a California ballot proposition on the November 2, 2004 ballot. The proposition passed with 9,411,198 (83.7%) votes in favor and 1,840,002 (16.3%) against.

2004 California Proposition 60

Proposition 60 was an amendment of the Constitution of California, enacted in 2004, guaranteeing the right of a party participating in a primary election to also participate in the general election that follows. It was proposed by the California Legislature and approved by the voters in referendum held as part of the November 2004 election, by a majority of 67%.

2004 California Proposition 62

Proposition 62 was a California ballot proposition on the November 2, 2004 ballot. It failed to pass with 5,119,155 (46.1%) votes in favor and 5,968,770 (53.9%) against.

2006 Oregon Ballot Measure 48

Oregon ballot measure 48 was one of two unsuccessful ballot measures sponsored by the Taxpayers Association of Oregon (TAO) on the November 7, 2006 general election ballot. Measure 48 was an initiated constitutional amendment ballot measure. Oregon statute currently limits state appropriations to 8% of projected personal income in Oregon. If Governor declares emergency, legislature may exceed current statutory appropriations limit by 60% vote of each house. This measure would have added a constitutional provision limiting any increase in state spending from one biennium to next biennium to the percentage increase in state population, plus inflation, over previous two years. Certain exceptions to limit, including spending of: federal, donated funds; proceeds from selling certain bonds, real property; money to fund emergency funds; money to fund tax, "kicker," other refunds were included in the provisions of the measure. It also would have provided that spending limit may be exceeded by amount approved by two-thirds of each house of legislature and approved by majority of voters voting in general election.

The 2007 Texas Constitutional Amendment Election took place 6 November 2007.

2004 California elections

California's state elections were held November 2, 2004. Necessary primary elections were held on March 2. Up for election were all the seats of the State Assembly, 20 seats of the State Senate, and sixteen ballot measures.

2000 California elections

California's state elections were held November 7, 2000. Necessary primary elections were held on March 7. Up for election were all the seats of the State Assembly, 20 seats of the State Senate, and eight ballot measures.

November 2008 California elections

The California state elections, November 2008 were held on November 4, 2008 throughout California. Among the elections taking place were those for the office of President of the United States, all the seats of California's delegation to the House of Representatives, all of the seats of the State Assembly, and all of the odd-numbered seats of the State Senate. Twelve propositions also appeared on the ballot. Numerous local elections also took place throughout the state.

1992 California elections

California's state elections were held November 3, 1992. Necessary primary elections were held on March 3. Up for election were all the seats of the State Assembly, 20 seats of the State Senate, and fifteen ballot measures.

2000 California Proposition 39

Proposition 39 was an initiative state constitutional amendment and statute which appeared on the November 7, 2000, California general election ballot. Proposition 39 passed with 5,431,152 Yes votes, representing 53.4 percent of the total votes cast. Proposition 39 was essentially a milder version of Proposition 26, which would have ended the Proposition 13 supermajority vote requirement altogether, but was defeated with 3,521,327 "Yes" votes, representing 48.7 percent of the total votes cast, in the March 7, 2000, California primary election.

2009 California Proposition 1F

Proposition 1F of 2009 was a measure approved by California voters relating to the salaries of state officers. It was an amendment of the Constitution of California prohibiting pay raises for members of the State Legislature, the Governor, and other state officials during deficit years. It was proposed by the legislature and approved in a referendum held as part of the May 19, 2009 special election ballot, in which the California electorate also voted on five other propositions.

November 2012 California elections

The California state elections was held on Election Day, November 6, 2012. On the ballot were eleven propositions, various parties' nominees for the United States presidency, the Class I Senator to the United States Senate, all of California's seats to the House of Representatives, all of the seats of the State Assembly, and all odd-numbered seats of the State Senate.

2014 California elections

In California state elections, 2014 was the first year in which the top statewide offices were elected under the nonpartisan blanket primary, pursuant to Proposition 14, which passed with 53% voter approval in June 2010. Under this system, which first went into effect during the 2012 election year, all candidates will appear on the same ballot, regardless of party. In the primary, voters may vote for any candidate, regardless of their party affiliation. The top two finishers, regardless of party, then advance to face each other in the general election in November.

1996 California Proposition 218 (Local Initiative Power)

Proposition 218 was an adopted initiative constitutional amendment in the state of California on the November 5, 1996 statewide election ballot. Proposition 218 revolutionized local and regional government finance in California. Called the “Right to Vote on Taxes Act,” Proposition 218 was sponsored by the Howard Jarvis Taxpayers Association as a constitutional follow-up to the landmark Proposition 13 property tax revolt initiative constitutional amendment approved by California voters on June 6, 1978. Proposition 218 was drafted by constitutional attorneys Jonathan Coupal and Jack Cohen.

2016 San Diego primary election

The June 2016 San Diego primary elections were on June 7, 2016, in San Diego, California. Although the June election is referred to as a primary, it functions as a general election. Races that result in no candidate receiving the majority of votes in the June election, advance to the November run-off election.

2018 California elections

California state elections in 2018 were held on Tuesday, November 6, 2018, with the primary elections being held on June 5, 2018. Voters elected one member to the United States Senate, 53 members to the United States House of Representatives, all eight state constitutional offices, all four members to the Board of Equalization, 20 members to the California State Senate, and all 80 members to the California State Assembly, among other elected offices.

2018 California Proposition 69

California Proposition 69 was a legislatively referred constitutional amendment that appeared on ballots in California in the June primary election in 2018. This measure put the revenue from the Road Repair and Accountability Act, which increased fuel taxes, in a "lockbox" so that it can only be used for transportation-related purposes. It also exempts said gas tax revenue from the previously existing appropriations mandate and expenditures limit. This state constitution amendment ensures that revenues from SB1 Gas Taxes established by the Road Repair and Accountability Act of 2017 can only be used for transportation-related purposes.

References

  1. Full text of Proposition 60
  2. The full title is Senate Constitutional Amendment 18 of the 2003–2004 Regular Session (Resolution Chapter 103, Statutes of 2004).
  3. http://ballotpedia.org/wiki/index.php/California_Proposition_60A_(2004) Ballotpedia. "California Proposition 60A (2004)," (retrieved on April 11th, 2009).