California 2023 2023-2024 Regular Session

California Senate Bill SB789 Enrolled / Bill

Filed 09/15/2023

Enrolled September 15, 2023 Passed IN Senate September 13, 2023 Passed IN Assembly September 12, 2023 Amended IN Assembly September 07, 2023 Amended IN Assembly August 17, 2023 Amended IN Assembly June 08, 2023 Amended IN Senate March 22, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 789Introduced by Senators Allen and Wiener(Principal coauthor: Assembly Member Low)February 17, 2023 An act relating to elections, and calling an election, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTSB 789, Allen. Elections: Senate Constitutional Amendment 2 of the 202122 Regular Session and Assembly Constitutional Amendment 5 of the 202324 Regular Session.Existing law requires a constitutional amendment submitted to the people by the Legislature to appear on the ballot of the first statewide election occurring at least 131 days after the adoption of the proposal.The Legislature adopted Senate Constitutional Amendment 2 (SCA 2) of the 202122 Regular Session, which, if approved by the voters, would repeal provisions of the California Constitution that prohibit the development, construction, or acquisition of a low-rent housing project, as defined, by any state public body unless the project is approved by a majority of the qualified electors in the jurisdiction in which the project is proposed. The Legislature adopted Assembly Constitutional Amendment 5 (ACA 5) of the 202324 Regular Session, which, if approved by the voters, would repeal a provision of the California Constitution that provides that only a marriage between a man and a woman is valid or recognized in California and would instead provide that the right to marry is a fundamental right. Pursuant to the existing law described above, SCA 2 and ACA 5 are scheduled to appear on the ballot at the March 5, 2024, statewide primary election.Assembly Constitutional Amendment 1 (ACA 1) of the 202324 Regular Session, if approved by the voters, would amend and add provisions of the California Constitution to do both of the following for specified purposes relating to real property: (1) create an additional exception to the 1% limit on the ad valorem tax rate on real property that would authorize a local jurisdiction to levy an ad valorem tax to service bonded indebtedness incurred, if the proposition proposing that tax is approved by 55% of the voters in that local jurisdiction; and (2) authorize a local jurisdiction to impose, extend, or increase a sales and use tax, if the proposition proposing that tax is approved by 55% of the voters in that local jurisdiction. ACA 1, if approved by the voters, would also amend the California Constitution to prohibit a special district from incurring any indebtedness or liability exceeding any applicable statutory limit, as prescribed by the statutes governing the special district. Pursuant to the existing law described above, if adopted by the Legislature, ACA 1 would appear on the ballot at the March 5, 2024, statewide primary election. This bill would call a special election to be consolidated with the statewide general election scheduled for November 5, 2024, and would require the submission of SCA 2 and ACA 5 to the voters at that election. The bill would also require the submission of ACA 1 to the voters at that election if ACA 1 is adopted by the Legislature. This bill would declare that it is to take effect immediately as an act calling an election.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. A special election is hereby called to be held throughout the state on November 5, 2024. The election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election and only one form of ballot shall be used.SEC. 2. Notwithstanding Section 9040 of the Elections Code, the Secretary of State shall submit each of the following measures to the voters for their approval at the November 5, 2024, statewide general election:(a) Senate Constitutional Amendment 2 of the 202122 Regular Session.(b) Assembly Constitutional Amendment 5 of the 202324 Regular Session.SEC. 3. (a) Notwithstanding Section 9040 of the Elections Code, the Secretary of State shall submit Assembly Constitutional Amendment 1 of the 2023-24 Regular Session to the voters for their approval at the November 5, 2024, statewide general election.(b) This section would become operative only if Assembly Constitutional Amendment 1 of the 2023-24 Regular Session is adopted by the Legislature.SEC. 4. This act calls an election within the meaning of Article IV of the California Constitution and shall go into immediate effect.

CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

Senate Bill

No. 789

Introduced by Senators Allen and Wiener(Principal coauthor: Assembly Member Low)February 17, 2023

Introduced by Senators Allen and Wiener(Principal coauthor: Assembly Member Low)
February 17, 2023

An act relating to elections, and calling an election, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 789, Allen. Elections: Senate Constitutional Amendment 2 of the 202122 Regular Session and Assembly Constitutional Amendment 5 of the 202324 Regular Session.

Existing law requires a constitutional amendment submitted to the people by the Legislature to appear on the ballot of the first statewide election occurring at least 131 days after the adoption of the proposal.The Legislature adopted Senate Constitutional Amendment 2 (SCA 2) of the 202122 Regular Session, which, if approved by the voters, would repeal provisions of the California Constitution that prohibit the development, construction, or acquisition of a low-rent housing project, as defined, by any state public body unless the project is approved by a majority of the qualified electors in the jurisdiction in which the project is proposed. The Legislature adopted Assembly Constitutional Amendment 5 (ACA 5) of the 202324 Regular Session, which, if approved by the voters, would repeal a provision of the California Constitution that provides that only a marriage between a man and a woman is valid or recognized in California and would instead provide that the right to marry is a fundamental right. Pursuant to the existing law described above, SCA 2 and ACA 5 are scheduled to appear on the ballot at the March 5, 2024, statewide primary election.Assembly Constitutional Amendment 1 (ACA 1) of the 202324 Regular Session, if approved by the voters, would amend and add provisions of the California Constitution to do both of the following for specified purposes relating to real property: (1) create an additional exception to the 1% limit on the ad valorem tax rate on real property that would authorize a local jurisdiction to levy an ad valorem tax to service bonded indebtedness incurred, if the proposition proposing that tax is approved by 55% of the voters in that local jurisdiction; and (2) authorize a local jurisdiction to impose, extend, or increase a sales and use tax, if the proposition proposing that tax is approved by 55% of the voters in that local jurisdiction. ACA 1, if approved by the voters, would also amend the California Constitution to prohibit a special district from incurring any indebtedness or liability exceeding any applicable statutory limit, as prescribed by the statutes governing the special district. Pursuant to the existing law described above, if adopted by the Legislature, ACA 1 would appear on the ballot at the March 5, 2024, statewide primary election. This bill would call a special election to be consolidated with the statewide general election scheduled for November 5, 2024, and would require the submission of SCA 2 and ACA 5 to the voters at that election. The bill would also require the submission of ACA 1 to the voters at that election if ACA 1 is adopted by the Legislature. This bill would declare that it is to take effect immediately as an act calling an election.

The Legislature adopted Senate Constitutional Amendment 2 (SCA 2) of the 202122 Regular Session, which, if approved by the voters, would repeal provisions of the California Constitution that prohibit the development, construction, or acquisition of a low-rent housing project, as defined, by any state public body unless the project is approved by a majority of the qualified electors in the jurisdiction in which the project is proposed. The Legislature adopted Assembly Constitutional Amendment 5 (ACA 5) of the 202324 Regular Session, which, if approved by the voters, would repeal a provision of the California Constitution that provides that only a marriage between a man and a woman is valid or recognized in California and would instead provide that the right to marry is a fundamental right. Pursuant to the existing law described above, SCA 2 and ACA 5 are scheduled to appear on the ballot at the March 5, 2024, statewide primary election.

Assembly Constitutional Amendment 1 (ACA 1) of the 202324 Regular Session, if approved by the voters, would amend and add provisions of the California Constitution to do both of the following for specified purposes relating to real property: (1) create an additional exception to the 1% limit on the ad valorem tax rate on real property that would authorize a local jurisdiction to levy an ad valorem tax to service bonded indebtedness incurred, if the proposition proposing that tax is approved by 55% of the voters in that local jurisdiction; and (2) authorize a local jurisdiction to impose, extend, or increase a sales and use tax, if the proposition proposing that tax is approved by 55% of the voters in that local jurisdiction. ACA 1, if approved by the voters, would also amend the California Constitution to prohibit a special district from incurring any indebtedness or liability exceeding any applicable statutory limit, as prescribed by the statutes governing the special district. Pursuant to the existing law described above, if adopted by the Legislature, ACA 1 would appear on the ballot at the March 5, 2024, statewide primary election.

This bill would call a special election to be consolidated with the statewide general election scheduled for November 5, 2024, and would require the submission of SCA 2 and ACA 5 to the voters at that election. The bill would also require the submission of ACA 1 to the voters at that election if ACA 1 is adopted by the Legislature.

This bill would declare that it is to take effect immediately as an act calling an election.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. A special election is hereby called to be held throughout the state on November 5, 2024. The election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election and only one form of ballot shall be used.SEC. 2. Notwithstanding Section 9040 of the Elections Code, the Secretary of State shall submit each of the following measures to the voters for their approval at the November 5, 2024, statewide general election:(a) Senate Constitutional Amendment 2 of the 202122 Regular Session.(b) Assembly Constitutional Amendment 5 of the 202324 Regular Session.SEC. 3. (a) Notwithstanding Section 9040 of the Elections Code, the Secretary of State shall submit Assembly Constitutional Amendment 1 of the 2023-24 Regular Session to the voters for their approval at the November 5, 2024, statewide general election.(b) This section would become operative only if Assembly Constitutional Amendment 1 of the 2023-24 Regular Session is adopted by the Legislature.SEC. 4. This act calls an election within the meaning of Article IV of the California Constitution and shall go into immediate effect.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. A special election is hereby called to be held throughout the state on November 5, 2024. The election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election and only one form of ballot shall be used.

### SECTION 1.

SEC. 2. Notwithstanding Section 9040 of the Elections Code, the Secretary of State shall submit each of the following measures to the voters for their approval at the November 5, 2024, statewide general election:(a) Senate Constitutional Amendment 2 of the 202122 Regular Session.(b) Assembly Constitutional Amendment 5 of the 202324 Regular Session.

### SEC. 2.

(a) Senate Constitutional Amendment 2 of the 202122 Regular Session.

(b) Assembly Constitutional Amendment 5 of the 202324 Regular Session.

SEC. 3. (a) Notwithstanding Section 9040 of the Elections Code, the Secretary of State shall submit Assembly Constitutional Amendment 1 of the 2023-24 Regular Session to the voters for their approval at the November 5, 2024, statewide general election.(b) This section would become operative only if Assembly Constitutional Amendment 1 of the 2023-24 Regular Session is adopted by the Legislature.

### SEC. 3.

(b) This section would become operative only if Assembly Constitutional Amendment 1 of the 2023-24 Regular Session is adopted by the Legislature.

SEC. 4. This act calls an election within the meaning of Article IV of the California Constitution and shall go into immediate effect.

### SEC. 4.