January 2, 2021

california constitution article xvi section 6

18 0 obj <> endobj endstream endobj 19 0 obj <> endobj 20 0 obj <> endobj 21 0 obj <>stream CALIFORNIA CONSTITUTION ARTICLE 13B GOVERNMENT SPENDING LIMITATION SEC. 6. 2. The Legislature shall have no power to give or to lend, or to authorize the giving or lending, of the credit of the State, or of any county, city and county, city, township or other political corporation or subdivision of the State now existing, or that may be hereafter established, in aid of or to any person, association, or corporation, whether municipal or otherwise, or to pledge the credit thereof, in any manner whatever, … 6 amended Nov. 2, 1982, by Prop. XVI, § 6 : “nor shall it have power to make any gift or authorize the making of any gift, of any public money or thing of value to any individual, municipal or other corporation whatever; SEC. Section 6 of Article XVI of the California Constitution provides in part that “the treasurer of any. The failure in any year to claim, in a manner required by the laws in effect at the time the claim is required to be made, an exemption or classification which reduces a property tax shall be deemed a waiver of the exemption or classification for that year. The Legislature shall have no power to give or to lend, or to authorize the giving or lending, of the credit of the State, or of any county, city and county, city, township or other political corporation or subdivision of the State now existing, or that may be hereafter established, in aid of or to any person, association, or corporation, whether municipal or otherwise, or to pledge the … Contributions to, and withdrawals from, the fund shall be subject to the provisions of Section 5 of this Article. Provided, further, that nothing contained in this Constitution shall prohibit the State, or any county, city and county, city, township, or other political corporation or subdivision of the State from providing aid or assistance to persons, if found to be in the public interest, for the purpose of clearing debris, natural materials, and wreckage from privately owned lands and waters deposited thereon or therein during a period of a major disaster or emergency, in either case declared by the President. funds to any person or entity, public or private, subject to certain exceptions. a. ∗Article XVI, Section 6 of the California Constitution. h�b```a``2�R[@��(����`�]�)B�0t0d4��@�����H�1?X$�'���Q�i�!�.0%2�010��g��bc`�� Article XVI, Section 6, California Constitution. 0500400-Unclaimed Property: Code of Civil Procedure Part 3, Title 10. (d) This section shall not apply to any state-mandated local program for the trial courts, as specified in Section 77203. ∗Generally prohibits the giving or lending of public. 50. SEC. Refreshed: 2018-05-16 And provided, still further, that notwithstanding the restrictions contained in this Constitution, the treasurer of any city, county, or city and county shall have power and the duty to make such temporary transfers from the funds in custody as may be necessary to provide funds for meeting the obligations incurred for maintenance purposes by any city, county, city and county, district, or other political subdivision whose funds are in custody and are paid out solely through the treasurer’s office. Title 2, Government of the State of California; Division 4, Fiscal Affairs; Part 7, State-mandated Local Costs; Chapter 4, Identification and Payment of Costs Mandated by the State; Article 2, Specific Costs Mandated by the State; Section 17581.95. XVI, Section 6 of the California Constitution WHEREAS, the provisions of Article XVI, Section 6 of the California Constitution provide that the Treasurer of any County shall have the power and duty to make such temporary transfers from Aid prohibited to sectarian schools. The Supreme Court consists of the Chief Justice of California and 6 associate justices. 8. The Legislature shall have no power to give or to lend, or to authorize the giving or lending, of the credit of the State, or of any county, city and county, city, township or other political corporation or subdivision of the State now existing, or that may be hereafter established, in aid of or to any person, association, or corporation, whether municipal or otherwise, or to pledge the credit thereof, in any manner whatever, for the … (e) This section shall not apply to any state-mandated local program for which the reimbursement funding counts toward the minimum General Fund requirements of Section 8 of Article XVI of the Constitution. 6. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Prudent State Reserve. … The Legislature shall have no power to make any gift, or authorize the making of any gift, of any public money or thing of value to any individual, municipal or other corporation whatever. (a) The Legislature shall provide for primary elections for partisan offices, including an open presidential primary whereby the candidates on the ballot are those found by the Secretary of State to be recognized candidates throughout the nation or throughout California for the office of President of the United States, and those whose names are placed on the ballot by petition, but excluding any … %PDF-1.5 %���� Text / 1960 California Constitutional Amendment: Section 16 of Article XX. 0 Doctrine. Article VI 1 CALIFORNIA CONSTITUTION ARTICLE 6 JUDICIAL SEC. ... 1879 California State Constitution: Article IX (including amendments) : 1960 Donahoe Act, Amendment to the California State Education Code: Sections 22500-22705 This database is current through 12/11/20 Register 2020, No. The Legislature shall have no power to give or to lend, orto authorize the giving or lending, of the credit of the State, or ofany county, city and county, city, township or other politicalcorporation or subdivision of the State now existing, or that may behereafter established, in aid of or to any person, association, orcorporation, whether municipal or otherwise, or to pledge the creditthereof, in any manner whatever, for the payment of the liabilitiesof any individual, association, municipal or other corporationwhatever; nor s… XVI, Section 6. 1. h�bbd``b`Z $�� �� endstream endobj startxref Universal Citation: CA Constitution art XVI § 6 (2018) SEC. 0500500-Disbursements: Constitution, Article XVI, Section 7 and Government Code 17004, Mailing of Warrants. HISTORY. from the funds in custody as may be necessary to provide funds for meeting the obligations. 44). (k) Nothing in this section shall require the board to take action as described in this section unless the board determines, in good faith, that the action described in this section is consistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution. Please refer to title 2 California Code Regulations section 559.1 (b)(1) through (b)(3), prior to completing this form. 60, 1982.). We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Note: Authority cited: California Constitution, Article XVI, Section 17; and Section 22219, Education Code. Such aid or assistance must be eligible for federal reimbursement for the cost thereof. Such temporary transfer of funds to any political subdivision shall be made only upon resolution adopted by the governing body of the city, county, or city and county directing the treasurer of such city, county, or city and county to make such temporary transfer. 42 0 obj <>stream Constitution, Article XVI, Section 7 and Government Code Section 12402 et seq., and Government Code Section 19822.3. Read the code on FindLaw Constitution of the State of California 1879 Art. New article 14 (sections 24010-24013) and section filed 10-29-2007; operative 11-28-2007 (Register 2007, No. 9900100-Administration: 7. This initiative added Article XIII, Section 21.5 to the California State Constitution, which has been renumbered to Article XVI, Section 4. https://ballotpedia.org/Article_VI,_California_Constitution Res.Ch. ����9�߆�� L�� section, be granted to said state: And provided also, That the legislature shall never sell or lease the same, at any one time for a longer period than ten years, without the consent of Congress. SEC. Disclaimer: This Constitution may not be the most recent version.California may have more current or accurate information. The Legislature shall have no power to give or to lend, or to authorize the giving or lending, of the credit of the State, or of any county, city and county, city, township or other political corporation or subdivision of the State now existing, or that may be hereafter established, in aid of or to any person, association, or corporation, whether municipal or otherwise, or to pledge the credit thereof, in any manner whatever, for the payment of the liabilities of any individual, association, municipal or other corporation whatever; nor shall it have power to make any gift or authorize the making of any gift, of any public money or thing of value to any individual, municipal or other corporation whatever; provided, that nothing in this section shall prevent the Legislature granting aid pursuant to Section 3 of Article XVI; and it shall not have power to authorize the State, or any political subdivision thereof, to subscribe for stock, or to become a stockholder in any corporation whatever; provided, further, that irrigation districts for the purpose of acquiring the control of any entire international water system necessary for its use and purposes, a part of which is situated in the United States, and a part thereof in a foreign country, may in the manner authorized by law, acquire the stock of any foreign corporation which is the owner of, or which holds the title to the part of such system situated in a foreign country; provided, further, that irrigation districts for the purpose of acquiring water and water rights and other property necessary for their uses and purposes, may acquire and hold the stock of corporations, domestic or foreign, owning waters, water rights, canals, waterworks, franchises or concessions subject to the same obligations and liabilities as are imposed by law upon all other stockholders in such corporation; and, Provided, further, that this section shall not prohibit any county, city and county, city, township, or other political corporation or subdivision of the State from joining with other such agencies in providing for the payment of workers’ compensation, unemployment compensation, tort liability, or public liability losses incurred by such agencies, by entry into an insurance pooling arrangement under a joint exercise of powers agreement, or by membership in such publicly-owned nonprofit corporation or other public agency as may be authorized by the Legislature; and, Provided, further, that nothing contained in this Constitution shall prohibit the use of state money or credit, in aiding veterans who served in the military or naval service of the United States during the time of war, in the acquisition of, or payments for, (1) farms or homes, or in projects of land settlement or in the development of such farms or homes or land settlement projects for the benefit of such veterans, or (2) any business, land or any interest therein, buildings, supplies, equipment, machinery, or tools, to be used by the veteran in pursuing a gainful occupation; and. Reference: California Constitution, Article XVI, Section 17; and Sections 22250 and 22253, Education Code. city, county, or city and county shall have power and the duty to make such temporary transfers. The gift of public funds is a concept whereby a government entity cannot give away public money to individual employees. 6. (f) For purposes of this article, a Field Office is a retirement counseling office defined by Education Code section 22303 which is either established by contract or by the System. 34 0 obj <>/Filter/FlateDecode/ID[<61D5DD7B9841054F164C622E4BC95284><3831B7CE8654164E97D7EE7E9A0D07F4>]/Index[18 25]/Info 17 0 R/Length 79/Prev 65758/Root 19 0 R/Size 43/Type/XRef/W[1 2 1]>>stream issues involving theapplication ofCalifornia Constitution article XVI, section 17, coupled with othertrustlaw principles, to various situations. 6. )They shall in all Cases, except Treason, Felony … Constitution of Montana -- Article X -- EDUCATION AND PUBLIC LANDS Section 6. In such case, the public entity shall be indemnified by the recipient from the award of any claim against the public entity arising from the rendering of such aid or assistance. hތ�Yk�@���w�CPN]dž& ���T{�d�H[��ή��IL[��;�~Z����`�@aA$�K�H ����d��������S_z��딅h SEC. Article 1 - The Legislative Branch Section 6 - Compensation <> (The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.) (Sec. California Public Funds. �� fF1 ����bwA�d��D �qHD 1012,�10�&�3��` �� ∗ “The Legislature shall have no … Response: The answer is not in the Education Code; it is in Article 16, Section 6 of the California State Constitution and the Government Code Section 8314. The Legislature shall establish a prudent state reserve fund in such amount as it shall deem reasonable and necessary. Article XVI Public Finance – Section 6. The Chief Justice may convene the court at any time. ��1���G]�� �p)B�`���e�|N�3��'_�����~�u�pq����gz�=�$�m�1'i��=�N��k. https://ballotpedia.org/Article_XVI,_California_Constitution The California Legislature enacted the California Health Facility Construction Loan Insurance Law (Insurance Law), Chapter 1, Part 6, Division 107, commencing with Section 129000 of the Health and Safety Code. 6. (The preceding words in parentheses were modified by the 27th Amendment. Section 6. 1. (k) Nothing in this section shall require the board to take action as described in this section unless the board determines, in good faith, that the action described in this section is consistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution. Constitution of the State of California 1879 Art. Such temporary transfer of funds to any political subdivision shall not exceed 85 percent of the anticipated revenues accruing to such political subdivision, shall not be made prior to the first day of the fiscal year nor after the last Monday in April of the current fiscal year, and shall be replaced from the revenues accruing to such political subdivision before any other obligation of such political subdivision is met from such revenue. The judicial power of this State is vested in the Supreme Court, courts of appeal, and superior courts, all of which are courts of record. 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