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Veterans' Welfare Bond Act Of 1933

Propositions

This act provides for a bond issue of thirty million dollars to be used by the Veterans' Welfare Board in assisting California war veterans to acquire farms or homes.

State Indebtedness

Propositions

Assembly Constitutional Amendment 33. Amends Constitution Article XVI section 1. Prohibits Legislature creating State indebtedness over three hundred thousand dollars unless authorized by majority vote of people and unless providing for its retirement within forty years; requires bonds issued mature serially, first maturity being three years from issuance, but permits first maturity of bonds for revenue-producing utilities in fifteen years. Declares section shall not limit or prohibit issuance of bunds authorized but not sold, or to refund outstanding bonded indebtedness, or seventy-year bonds for acquisition, development or distribution of waters and water resources, including electric energy.

Chiropractic

Propositions

Initiative. Amends Chiropractic Act. Creates State Chiropractors Association; provides for organization, government, membership, powers and duties thereof; defines chiropractic and physical therapy; and regulates practice thereof; provides for investigation and approval of chiropractic and physical therapy schools and colleges; establishes qualifications and educational requirements for licensees; provides for issuance of chiropractic and physical therapy licenses; fixes license fees; provides for suspension, revocation and reinstatement of licenses; entitles licensees, in practice of their profession, to practice in public institutions and to equality with other professional licensees under Workmen's Compensation Act; prescribes penalties for violations; repeals all conflicting acts.

Superior Court - Judicial Election Districts

Propositions

Assembly Constitutional Amendment 73. Amends Constitution, Article VI, Section 6. Requires there be in each county, and city and county, a superior court for which at least one judge be elected by electors thereof or selected as Constitution elsewhere provides. In selecting such judges in county having population exceeding one million empowers Legislature to divide county into judicial election districts. and provide for apportioning number of such judges of said county among said districts, number so apportioned to each district being selected from residents thereof as provided for selecting such judges in said county.

Superior Court Judges

Propositions

Assembly Constitutional Amendment 98. Empowers county over fifteen hundred thousand population at election to adopt new method selecting superior court judges. Governor appoints to fill vacancies from recommendations by board comprising Chief Justice Supreme Court, Presiding Justice Appellate District Court and county's State Senator. Appointment is until general election after four years following April first succeeding occurrence of vacancy. If incumbent declares candidacy people determine whether he be retained. If not, Governor appoints from those then recommended by board. Candidacy of each judge submitted to people each six years. People vote to retain or retire him.

Local Option

Propositions

Initiative. Adds section 23 to Article XX of Constitution. Provides that upon initiative petition the legislative body of any city or county shall submit to qualified electors thereof, or of one or more precincts therein, question of prohibiting therein traffic in beverages containing more than one-half of one per cent of alcohol. Declares if majority voting on said question vote affirmatively it shall be unlawful, thirty days thereafter, to manufacture, sell, offer for sale, transport or possess therein such beverages, unless question be again similarly submitted at subsequent election and majority voting thereon vote in the negative.

Authorizing Agreements By Political Subdivisions For Joint Exercise Of Powers

Propositions

Senate Constitutional Amendment 34. Permits two or more political subdivisions, majority of voters thereof respectively consenting, to jointly frame and adopt articles of agreement for joint exercise of powers and functions common thereto. Defines "political subdivision" as county, city and county, or incorporated city. Prescribes procedure for framing agreement by board of electors elected five from each subdivision, and for adoption, amendment and rescission thereof by majority vote in each subdivision. Agreement when adopted constitutes organic law of political subdivisions parties thereto as to competent matters therein contained.

Stock Ownership By Cities In Mutual Water Companies

Propositions

Assembly Constitutional Amendment 2. Adds section 31c to Article IV of Constitution. Provides that any city of fifth or sixth class may acquire and hold stock of any mutual water company for purpose of furnishing supply of water for public or municipal purposes or for use of city's inhabitants; declares that the holding of such stock shall entitle city to all rights, and subject city to all obligations, given or imposed by law to or upon other holders of stock in such company.

Taxation

Initiatives

TAXATION. Initiative. Adds Sections 11a and 2a to Article XIII, and amends Section 34a of Article IV, of Constitution. Abolishes all sales taxes imposed since January 1, 1933; and prohibits any sales tax. Repeals tax limitations in said Section 34a and declares taxation shall be limited only as provided in said Section 2a. Requires deduction of one thousand dollars from assessed value of homestead improvements. Reduces taxation on tangible personal property and improvements over period of five years and prohibits taxation thereof thereafter. Increases land taxes proportionately. Defines improvements.

Selection Of Judges

Initiatives

SELECTION OF JUDGES. Initiative Constitutional Amendment. Declares Supreme or Appellate Court Justice may declare candidacy to succeed himself, otherwise Governor shall nominate candidate; candidate being only one on ballot for such office, and electors voting for or against him; if defeated, or vacancy occurs, Governor appointing until next general election, but defeated person ineligible for appointment. Governor's nominations or appointments ineffective unless approved by commission comprising Chief Justice, presiding Appellate Court Justice and Attorney General. Requires retirement system. Provisions inapplicable to Superior Court judges until adopted by counties in manner provided by Legislature. Makes Constitutional removal and recall provisions applicable.

Old Age Pension

Initiatives

OLD AGE PENSION. Initiative measure for submission to Legislature, effective upon sales tax repeal. Provides for licensing wholesalers and retailers. Taxes wholesalers 10% on gross sales; taxes retailers 10% on purchases for resale from wholesalers doing business outside California; exempting specified transactions. Declares funds received therefrom available for pensioning persons 60 years old agreeing to refrain from profitable commercial endeavor, paying them $100 monthly if unmarried, $150 jointly if married, provided pension expended in California for necessaries within 31 days. Administrative expenses payable from state general fund. Provides penalties for violations.

Constitutional Convention

Propositions

Assembly Concurrent Resolution 17. Recommends that electors vote for or against a convention for purpose of revising State Constitution. If majority votes for such convention Governor shall issue proclamation that such convention has been called and Legislature at its next session shall provide for holding such convention at State Capitol within three months after such election and for election of delegates thereto; such revised Constitution to be submitted to electors for their approval or rejection.

Making State Board Of Education Elective; Abolishing Superintendent Of Public Instruction; Providing For Director Of Education

Propositions

Initiative. Repeals section 2, amends section 7, Article IX of Constitution. Abolishes office of Superintendent of Public Instruction. Declares State Board of Education shall consist of ten members, each elected from a district for ten year term, each district comprising two congressional districts. Prescribes rotation in office. Empowers board to fill membership vacancies, appointee holding until next general election. Requires board appoint Director of Education, removable at pleasure, and fix his salary; Superintendent of Public Instruction continuing in office until appointed director qualifies.

Unemployment Relief Bonds

Propositions

Authorizes $24,000,000 State bonds, payable from State revenues, proceeds to be expended before July 1, 1935, for unemployment relief. Creates Relief Administrator to disburse bonds, and Relief Commission, comprising State Social Welfare Director and eight members, to determine general policies for relief, all appointed by Governor; administrator and commission succeeding to powers and duties of Emergency Relief Administrator and commission under 1933 act. Continues civil service status of employees under 1933 act employed hereunder, exempting other employees. Authorizes State cooperation with United States in providing aid for aged.

Permitting Intoxicating Liquors In Public Eating Places

Initiatives

"PERMITTING INTOXICATING LIQUORS IN PUBLIC EATING PLACES Initiative measure. Amends Section 22 of Article XX of Constitution by providing that, in addition to wines and beer, intoxicating liquors may be served and consumed with meals furnished in good faith to guests and patrons of hotels, boarding houses, restaurants, cafes, cafeterias, and other public creating places."

Recent Changes In The Bank And Corporation Franchise Tax Act, Roger J. Traynor, Frank M. Keesling

Taxation & Traynor

No abstract provided.

Unemployment Relief Bonds

Propositions

Senate Constitutional Amendment 41. Adds Section 9 to Article XVI of Constitution. Ratifies the Unemployment Relief Bond Act of 1933, which authorizes the issuance and sale of $20,000,000 State bonds to provide a fund for loans to counties and municipalities for unemployment relief.

Water And Power

Propositions

Referendum against Act of Legislature. Act creates Water Project Authority, comprising Attorney General, State Controller, State Treasurer, Director of Finance and Director of Public Works, empowered to construct and operate system of works, called Central Valley Project, for development, distribution and sale of water and electric energy in Sacramento and San Joaquin valleys; construction cost to be met by issuing revenue bonds in amount not exceeding one hundred and seventy million dollars; principal and interest on bonds, and operating costs, to be met by revenues from project; provides for cooperation with Federal Government in constructing and financing project.

State Bonds For Refinancing Irrigation And Reclamation Districts

Propositions

Assembly Constitutional Amendment 16. Ratifies District Finance Act of 1933. Authorizes $55,000,000 State bonds to refinance irrigation and reclamation districts by purchasing and canceling their outstanding bonds when recommended by California Districts Securities Commission. State receiving therefor districts' refunding bonds coinciding as nearly as practicable in maturity dates and amounts with State bonds issued; permits State to resell refunding bonds; prohibits district issuing additional bonds without Commission's consent while refunding bonds outstanding; empowers Commission to levy district assessments to pay refunding bonds should district not levy same.

County Government

Propositions

Senate Constitutional Amendment 16. Repeals Sections 4 and 9, amends Section 5, Article XI. Requires Legislature to regulate compensation of supervisors, district attorneys and auditors; supervisors to regulate compensation of other officers in county (except Municipal Court judges), and number, appointment, terms and compensation of deputies and employees. Prohibits increase of compensation or extension of term after election or during term. Permits allowance of additional deputies or increase in their compensation. Validates Political Code Section 4056d, enacted by present Legislature, relating to supervisors' powers and duties as to county and township officers, deputies and employees.

Assessing Property Damaged By Earthquake In Los Angeles And Orange Counties

Propositions

Assembly Constitutional Amendment 101. Adds Section 8a to Article XIII. Requires assessors of Los Angeles and Orange Counties to assess real and personal property damaged or destroyed by earthquakes of March 10, 1933, and , hereafter and prior to first Mondays of July, 1933, according to condition and value after damage or destruction rather than according to condition and value on first Monday of March, of said year.

Taxation

Propositions

Senate Constitutional Amendment 30. Limits State appropriations. Commencing 1935 requires property of public utility companies assessed by State Board of Equalization and taxed locally for local purposes as other property, taxing their franchises and income for State purposes like business corporations; authorizes legislation limiting county ad valorem taxes, allocating State taxes to meet resulting deficiency. Requires local assessments at full cash value. Limits yearly expenditures by local subdivisions until July, 1935, unless time extended by Legislature. Regulates taxation of banks and insurance companies. Empowers Legislature to provide any form of taxation not prohibited by Constitution.

Exempting Educational Institutions From Taxation

Propositions

Assembly Constitutional Amendment 47. Amends Section 1a of Article XIII. Exempts from taxation the buildings and equipment of any educational institution not conducted for profit, and its securities and income used exclusively for educational purposes; if such institution be of collegiate grade, also exempts its grounds within which its buildings are located, not exceeding one hundred acres in area. If such institution be a private institution of less than collegiate grade, the exemption of such grounds is limited to ten acres.

Horse Racing

Propositions

Assembly Constitutional Amendment 119. Adds Section 25a to Article IV. Ratifies Act of present Legislature which creates California Horse Racing Board empowered to regulate and license horse racing, horse race meetings, and wagering on results thereof by pari mutuel method conducted only by licensees within race track enclosure on racing days; basing license fees on percentage of wagering pools; classifies counties by population and regulates racing periods therein; allocates portion of net receipts for California State Fair and other fairs and expositions, Legislature apportioning balance biennially to State institutions therein mentioned or for unemployment relief.

Declaring Effective Dates Of Acts Of Legislature

Propositions

Assembly Constitutional Amendment 108. Adds Section 1a to Article IV. Declares all acts passed by Legislature at fiftieth (present) regular session on or before July 16, 1933, effective ninety days after May 22, 1933, except acts effective immediately under Constitution. Declares all such acts not effective immediately subject to referendum, requiring referendum petitions be presented to Secretary of State within ninety days after May 22, 1933. Constitutional provisions not conflicting herewith made applicable to all acts of said regular session of Legislature.

Analysis Of The Bank And Corporation Franchise Tax Act, Part One Of Two, Roger J. Traynor, Frank M. Keesling

Taxation & Traynor

Contents:

History of State Taxation of Banks and Corporations

Property Tax Offset

Adjustment of Bank Tax Rate

Validity of Proposed Bank Tax

Adjustment of Tax for Fiscal Year Corporations

Massachusetts or Business Trusts

Corporations Taxable Under Act

Exclusions from Gross Income

Deductions From Gross Income

Change of Accounting Period

Commencing Corporations, Corporate Reorganizations, Dissolutions,Withdrawals, Cessation of Business

Consolidated Returns

Basis for Determining Gain or Loss

Basis Where Entire Gain or Loss not Recognized

Installment Payments

Deficiency Assessments

Computation of Offsets

Refunds

Lien of Tax

Recovery of Overpayments

Analysis Of The Bank And Corporation Franchise Tax Act, Part Two Of Two, Roger J. Traynor, Frank M. Keesling

Taxation & Traynor

Contents:

The Real Estate Tax Offset is Probably Invalid and Should be Abolished

The Personal Property Tax Offset Should be Abolished

The Present Definition of “Doing Business” is Unsatisfactory

Are Holding Companies Taxable Under the Act?

Are Holding Companies Business Corporations?

Are Nonprofit Corporations Taxable Under the Act?

Stock Dividends; Subscription Rights

Why Discriminate Against Oil Wells?

Corporations Whose First Taxable Year is a Period of Less Than Twelve Months Not Properly Provided For

Consolidated Returns Provision Ambiguous and Probably Invalid

Consolidated Returns Provision Probably Invalid as Applied to National Banks

Section 19

Section 21

Franchise Tax Commissioner Is Without …

Wright Act Repeal

Propositions

Initiative measure. Repeals Act of Legislature commonly known as Wright Act, approved by electors on referendum November 7, 1922, which act provided for enforcement by State of California of the Eighteenth Amendment of the United State Constitution, prohibited all acts or omissions prohibited by Volstead Act, adopted penal provisions of that Act, imposed duties on courts, prosecuting attorneys, sheriffs, grand juries, magistrates and peace officers in this State, extended their jurisdiction and provided for the disposition of fines and forfeitures.

Legislative Expenses

Propositions

Senate Constitutional Amendment 17. Amends Section 23a, Article IV of Constitution. Increases limit upon Legislature's total daily expenses for Its officers, employees and attaches, at regular session from $300 for each House to $400 for Senate and $450 for Assembly, exclusive of salaries of Secretary of Senate and Chief Clerk of Assembly and salaries and expenses of interim committees; and at special session from aggregate of $200 for both Houses to $150 for each House, exclusive of salaries of such Secretary and Chief Clerk.

School Funds. Income, Sales Tax

Propositions

Initiative constitutional amendment. Provides for income tax on individuals, estates and trusts, and selective sales tax. Provides for state public school equalization fund, requiring therefor annual minimum appropriation of forty dollars per elementary pupil and seventy dollars per high school pupil. Permits county and district school taxes. Requires school district taxes to meet district budget. Requires district apply to teachers' salaries seventy-five per cent of state moneys received for elementary schools and seventy-five per cent of that received for secondary schools, unless it expends therefor seventy per cent of maintenance budget less auxiliary expenses.