BILL ANALYSIS                                                                                                                                                                                                    






                                          
                     SENATE CONSTITUTIONAL AMENDMENTS COMMITTEE
                          Senator Charles Poochigian, Chair


          BILL NO: SCA 18                  HEARING: June 21, 2004
          AUTHOR: Johnson and Alpert       FISCAL: Yes
          VERSION: June 17, 2004           CHIEF COUNSEL: Scott Johnson
          REFERRED: Sen E&R 6/16/04 (5-0)


                  Primary Elections: Sale of Surplus State Property

          
           BACKGROUND AND CONSTITUTIONAL PROPOSALS  

          Primary Elections

          Article II, Section 5 of the state Constitution requires the  
          Legislature to provide for primary elections for partisan  
          offices, including an open presidential primary.  Under existing  
          law, general election ballots are required to contain the names  
          of each qualified political party's nominees as determined by  
          the primary election as well as any qualified independent  
          candidates for each partisan office.

          SCA 18 proposes to amend Section 5 to provide 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.

          According to the author, this proposed revision to the state  
          Constitution would ensure the widest possible range of choices  
          for the voters in a general election.

          Sale of Surplus State Property

          The Economic Recovery Bond Act approved by voters as Proposition  
          57 on the March 2, 2004 ballot authorizes the issuance of up to  
          $15 billion in bonds to retire the state's accumulated General  
          Fund deficit.  SCA 18 proposes to amend Article III of the state  
          Constitution to provide that the proceeds from the sale of  
          surplus state property be used first to pay the principal and  









          the interest on bonds issued pursuant to the Economic Recovery  
          Bond Act.  Once the principal and interest on those bonds are  
          fully repaid, the proceeds from the sale of surplus state  
          property shall be deposited in the Special Fund for Economic  
          Uncertainties or a successor  reserve fund as required by the  
          California Constitution.

          According to the author, this proposed revision to the  
          Constitution offers a way to retire the state's accumulated  
          deficit by earmarking the proceeds from the sale of state  
          property for that specific purpose.


           SUPPORT  
          None received
           

          OPPOSITION
           None  
          received