BILL NUMBER: SCA 18	CHAPTERED
	BILL TEXT

	RESOLUTION CHAPTER  103
	FILED WITH SECRETARY OF STATE  JUNE 24, 2004
	ADOPTED IN ASSEMBLY  JUNE 24, 2004
	ADOPTED IN SENATE  JUNE 21, 2004
	AMENDED IN SENATE  JUNE 17, 2004
	AMENDED IN SENATE  JUNE 14, 2004

INTRODUCED BY   Senators Johnson and Alpert

                        FEBRUARY 20, 2004

   Senate Constitutional Amendment No. 18--A resolution to propose to
the people of the State of California an amendment to the
Constitution of the State, by amending Section 5 of Article II
thereof, and by adding Section 9 to Article III thereof, relating to
state government.



	LEGISLATIVE COUNSEL'S DIGEST


   SCA 18, Johnson.   Primary elections:  surplus state property.
   (1) The California Constitution requires the Legislature to
provide for primary elections for partisan offices, including an open
presidential primary.
   This measure would state that a political party that participated
in a primary election for a partisan office has the right to
participate in the general election for that office and shall not be
denied the ability to place on the general election ballot the
candidate who received, at the primary election, the highest vote
among that party's candidates.
   (2) The Economic Recovery Bond Act authorizes the issuance of
bonds to finance the accumulated state budget deficit, as defined.
There is in the General Fund the Special Fund for Economic
Uncertainties that represents a reserve fund required by the
California Constitution.
   This measure would require that the proceeds from the sale of
surplus state property, with specified exceptions, be used to pay the
principal and interest on bonds issued as described above, and, once
the principal and interest on those bonds are fully paid, would
require that the proceeds from the sale of surplus state property be
deposited in the Special Fund for Economic Uncertainties.




   Resolved by the Senate, the Assembly concurring, That the
Legislature of the State of California at its 2003-04 Regular Session
commencing on the second day of December 2002, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the State of California that the Constitution of the State be
amended as follows:
  First--That Section 5 of Article II thereof is amended to read:
      SEC. 5.  (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 candidate who has withdrawn by filing an affidavit
of noncandidacy.
   (b) A political party that participated in a primary election for
a partisan office has the right to participate in the general
election for that office and shall not be denied the ability to place
on the general election ballot the candidate who received, at the
primary election, the highest vote among that party's candidates.
  Second--That Section 9 is added to Article III thereof, to read:
      SEC. 9.  The proceeds from the sale of surplus state property
occurring on or after the effective date of this section, and any
proceeds from the previous sale of surplus state property that have
not been expended or encumbered as of that date, shall be used to pay
the principal and interest on bonds issued pursuant to the Economic
Recovery Bond Act authorized at the March 2, 2004, statewide primary
election.  Once the principal and interest on those bonds are fully
paid, the proceeds from the sale of surplus state property shall be
deposited into the Special Fund for Economic Uncertainties, or any
successor fund.  For purposes of this section, surplus state property
does not include property purchased with revenues described in
Article XIX or any other special fund moneys.