State of California
Section § 1
This section states that California is a permanent part of the United States, and the U.S. Constitution is the highest law that governs the state.
Section § 2
This law section states that the boundaries of California are described in the 1849 Constitution and have been changed as allowed by law. It also confirms Sacramento as the state's capital.
Section § 3
The California Constitution divides state government powers into three branches: legislative, executive, and judicial. Each branch must stick to its own responsibilities and can't take on the roles of the others unless the Constitution specifically allows it.
Section § 3.5
This law says that administrative agencies in California can't decide on their own that a law is unconstitutional or unenforceable. They must follow it unless an appellate court has explicitly ruled otherwise. This includes situations where a statute might conflict with federal laws or regulations; agencies have to wait for an appellate court’s determination before they can refuse to enforce it based on such conflicts.
Section § 4
Elected state officials in California typically cannot have their pay reduced while in office. However, for judges, starting from January 1, 1981, their base salary is tied to what it was as of July 1, 1980, assuming they were elected in 1978. Salaries for judges can be increased but not decreased below the highest level during their term. Laws setting these salaries are not considered binding contracts.
Section § 5
This law states that if you want to sue the State, there are specific ways and courts you have to use, which are determined by other laws.
Section § 6
This section declares English as the official language of California, with the aim of preserving and strengthening its use without conflicting with constitutional rights.
The California Legislature is responsible for implementing laws to ensure English remains the common language in the state. No laws should undermine this role of English.
Residents and businesses in California have the right to sue the state if they feel this section is not being followed, and state courts have the power to handle these cases. The Legislature can set reasonable limits on how and when these lawsuits can be filed.
Section § 7
This law outlines rules regarding retirement allowances for certain elected officers in California, excluding judges and state legislators. Essentially, if a person's retirement benefits depend on their final salary before retirement, any raise or pay change after November 5, 1986, won't affect their retirement pay. This aims to prevent unexpected spikes in benefits unrelated to what was intended in retirement planning. The law ensures a fair, expected retirement benefit without giving unexpected advantages or cutting benefits already established. It's not about denying rightful benefits but about maintaining balance and fairness in retirement earnings.
Section § 8
This law establishes the California Citizens Compensation Commission, which is responsible for setting the salaries and benefits for state officers. The commission includes seven members appointed by the Governor, with a diverse background including public members, business community representatives, and labor organization officials. Appointments aim to reflect the state's diversity.
The commission is tasked to ensure state officers’ salaries and benefits are updated annually, considering factors like the time and responsibility connected to the roles, comparison to other similar roles, and the state's financial status. Meetings are public, and the commission cannot approve salary increases if there is a projected negative budget balance.
This setup intends to avoid new state costs for staffing and services, relying on existing resources. Commission members are reimbursed for necessary expenses up to 45 days a year. This section defines "State officer" to include the Governor, Lieutenant Governor, and other key state officials.
Section § 9
This law mandates that money from selling extra state-owned property, starting from a certain date, must first be used to pay off specific state debt from bonds issued in 2004. Once that debt is cleared, any leftover money goes into a special fund designed for financial uncertainties. It clarifies that certain types of properties bought with specific funds are not considered surplus under this rule.