California Repeal Article 34 Local Referendum Requirement for Low-Rent Housing Projects Amendment (2020)

From Ballotpedia
Jump to: navigation, search
California Repeal Article 34 Local Referendum Requirement for Low-Rent Housing Projects Amendment
Flag of California.png
Election date
November 3, 2020
Topic
Housing
Status
Not on the ballot
Type
Constitutional amendment
Origin
State legislature


The California Repeal Article 34 Local Referendum Requirement for Low-Rent Housing Projects Amendment was not on the ballot in California as a legislatively referred constitutional amendment on November 3, 2020.

The ballot measure would have repealed Article XXXIV of the California Constitution, which was enacted in 1950 via Proposition 10. As of 2020, Article XXXIV required local voter approval of housing projects that are intended for low-income people and that receive funding or assistance from the federal and/or state government. Therefore, the ballot measure would have allowed housing projects that are intended for low-income people and that receive government funding or assistance to be developed, constructed, or acquired without a local referendum.[1]

Text of measure

Constitutional changes

See also: Article XXXIV, California Constitution

The measure would have repealed Article XXXIV of the California Constitution. The following text would have been deleted:[1]

Note: Use your mouse to scroll over the below text to see the full text.


Section 1

No low rent housing project shall hereafter be developed, constructed, or acquired in any manner by any state public body until, a majority of the qualified electors of the city, town or county, as the case may be, in which it is proposed to develop, construct, or acquire the same, voting upon such issue, approve such project by voting in favor thereof at an election to be held for that purpose, or at any general or special election.

For the purposes of this Article the term "low rent housing project" shall mean any development composed of urban or rural dwellings, apartments or other living accommodations for persons of low income, financed in whole or in part by the Federal Government or a state public body or to which the Federal Government or a state public body extends assistance by supplying all or part of the labor, by guaranteeing the payment of liens, or otherwise. For the purposes of this Article only there shall be excluded from the term "low rent housing project" any such project where there shall be in existence on the effective date hereof, a contract for financial assistance between any state public body and the Federal Government in respect to such project.

For the purposes of this Article only "persons of low income" shall mean persons or families who lack the amount of income which is necessary (as determined by the state public body developing, constructing, or acquiring the housing project) to enable them, without financial assistance, to live in decent, safe and sanitary dwellings, without overcrowding.

For the purposes of this Article the term "state public body" shall mean this State, or any city, city and county, county, district, authority, agency, or any other subdivision or public body of this State.

For the purposes of this Article the term "Federal Government" shall mean the United States of America, or any agency or instrumentality, corporate or otherwise, of the United States of America.

Section 2

The provisions of this Article shall be self-executing but legislation not in conflict herewith may be enacted to facilitate its operation.

Section 3

If any portion, section or clause of this article, or the application thereof to any person or circumstance, shall for any reason be declared unconstitutional or held invalid, the remainder of this Article, or the application of such portion, section or clause to other persons or circumstances, shall not be affected thereby.

Section 4

The provisions of this Article shall supersede all provisions of this Constitution and laws enacted thereunder in conflict therewith.[2]

Path to the ballot

See also: Amending the California Constitution

In California, a two-thirds vote is needed in each chamber of the California State Legislature to refer a constitutional amendment to the ballot for voter consideration.

Senators Ben Allen (D-26) and Scott Wiener (D-11) introduced the constitutional amendment as Senate Constitutional Amendment 1 (SCA 1) on December 3, 2018. On September 10, 2019, the California State Senate passed SCA 1 in a unanimous vote. The California State Assembly did not vote on SCA 1 before the deadline on June 25, 2020.[1]

Vote in the California State Senate
September 10, 2019
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 27  Approveda
YesNoNot voting
Total4000
Total percent100.00%0.00%0.00%
Democrat2900
Republican1100

See also

External links

Footnotes

  1. 1.0 1.1 1.2 California State Legislature, "SCA 1," accessed September 10, 2019
  2. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.