Article XIX C, California Constitution

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California Constitution
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Preamble
Articles
IIIIIIIVVVI
VIIVIIIIXXXA
XBXIXIIXIIIXIII A
XIII BXIII CXIII DXIVXVXVIXVIIIXIXXIX AXIX BXIX C
XXXXIXXII
XXXIVXXXV
Article XIX C of the California Constitution is labeled Enforcement of Certain Provisions.

Article XIX C in its entirety was added to the state's constitution via Proposition 22 (2010).

In February 2008, Proposition 91 was defeated. It would have added an entirely different XIX C, if it had been approved.

Section 1

Text of Section 1:

If any challenge to invalidate an action that violates Article XIX, XIX A, or XIX B is successful either by way of a final judgment, settlement, or resolution by administrative or legislative action, there is hereby continuously appropriated from the General Fund to the Controller, without regard to fiscal years, that amount of revenue necessary to restore the fund or account from which the revenues were unlawfully taken or diverted to its financial status had the unlawful action not been taken.

Section 2

Text of Section 2:

If any challenge to invalidate an action that violates Section 24 or Section 25.5 of Article XIII is successful either by way of a final judgment, settlement, or resolution by administrative or legislative action, there is hereby continuously appropriated from the General Fund to the local government an amount of revenue equal to the amount of revenue unlawfully taken or diverted.

Section 3

Text of Section 3:

Interest calculated at the Pooled Money Investment Fund rate from the date or dates the revenues were unlawfully taken or diverted shall accrue to the amounts required to be restored pursuant to this section. Within 30 days from the date a challenge is successful, the Controller shall make the transfer required by the continuous appropriation and issue a notice to the parties that the transfer has been completed.

Section 4

Text of Section 4:

If in any challenge brought pursuant to this section a restraining order or preliminary injunction is issued, the plaintiffs or petitioners shall not be required to post a bond obligating the plaintiffs or petitioners to indemnify the government defendants or the State of California for any damage the restraining order or preliminary injunction may cause.

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