ARTICLE XIX C [ENFORCEMENT OF CERTAIN PROVISIONS] [SECTION 1 – SEC. 4]

( Article 19C added Nov. 2, 2010, by Prop. 22. Initiative measure. )

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.

(Sec. 1 added Nov. 2, 2010, by Prop. 22. Initiative measure.)

SEC. 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.

(Sec. 2 added Nov. 2, 2010, by Prop. 22. Initiative measure.)

SEC. 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.

(Sec. 3 added Nov. 2, 2010, by Prop. 22. Initiative measure.)

SEC. 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.

(Sec. 4 added Nov. 2, 2010, by Prop. 22. Initiative measure.)