ACA 1

  • California Assembly Constitutional Amendment
  • 2023-2024 Regular Session
  • Introduced in Assembly
  • Passed Assembly Sep 06, 2023
  • Passed Senate Sep 14, 2023
  • Became Law Sep 20, 2023

A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Sections 1 and 4 of Article XIIIA thereof, by amending Section 2 of, and by adding Section 2.5 to, Article XIIIC thereof, by amending Section 3 of Article XIIID thereof, and by amending Section 18 of Article XVI thereof, relating to local finance.

Abstract

(1) The California Constitution prohibits the ad valorem tax rate on real property from exceeding 1% of the full cash value of the property, subject to certain exceptions. This measure would create an additional exception to the 1% limit that would authorize a city, county, city and county, or special district to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, including downpayment assistance, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by 55% of the voters of the city, county, city and county, or special district, as applicable, and the proposition includes specified accountability requirements. The measure would prohibit a city, county, city and county, or special district from placing a proposition on the ballot pursuant to these provisions if the voters have previously approved a proposition pursuant to these provisions or the below special tax provisions until all funds from the previous proposition are committed to programs and projects listed in the specific local program or ordinance, as described. The measure, subject to certain vote thresholds, would authorize the Legislature to enact laws establishing additional accountability measures and laws for the downpayment assistance programs authorized by the measure, as specified. The measure would specify that these provisions apply to any city, county, city and county, or special district measure imposing an ad valorem tax to pay the interest and redemption charges on bonded indebtedness for these purposes that is submitted at the same election as this measure. (2) The California Constitution conditions the imposition of a special tax by a local government upon the approval of 23 of the voters of the local government voting on that tax. This measure would authorize a local government to impose, extend, or increase a sales and use tax or transactions and use tax imposed in accordance with specified law or a parcel tax for the purposes of funding the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, including downpayment assistance, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by a majority vote of the membership of the governing board of the local government and by 55% of its voters voting on the proposition and the proposition includes specified accountability requirements. The measure would prohibit a local government from placing a proposition on the ballot pursuant to these provisions if the voters have previously approved a proposition pursuant to these provisions or the above ad valorem tax provisions until all funds from the previous proposition are committed to programs and projects listed in the specific local program or ordinance, as described. The measure, subject to certain vote thresholds, would authorize the Legislature to enact laws establishing additional accountability measures and laws for the downpayment assistance programs authorized by the measure, as specified. This measure would also make conforming changes to related provisions. The measure would specify that these provisions apply to any local measure imposing, extending, or increasing a sales and use tax, transactions and use tax, or parcel tax for these purposes that is submitted at the same election as this measure. (3) The California Constitution prohibits specified local government agencies from incurring any indebtedness exceeding in any year the income and revenue provided in that year, without the assent of 23 of the voters and subject to other conditions. In the case of a school district, community college district, or county office of education, the California Constitution permits a proposition for the incurrence of indebtedness in the form of general obligation bonds for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, to be adopted upon the approval of 55% of the voters of the district or county, as appropriate, voting on the proposition at an election. This measure would expressly prohibit a special district, other than a board of education or school district, from incurring any indebtedness or liability exceeding any applicable statutory limit, as prescribed by the statutes governing the special district. The measure would also similarly require the approval of 55% of the voters of the city, county, city and county, or special district, as applicable, to incur bonded indebtedness, exceeding in any year the income and revenue provided in that year, that is in the form of general obligation bonds issued to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing projects, if the proposition proposing that bond includes specified accountability requirements. The measure would specify that this 55% threshold applies to any proposition for the incurrence of indebtedness by a city, county, city and county, or special district for these purposes that is submitted at the same election as this measure. (4) This measure would deem another measure on the same statewide election ballot relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures in conflict with it and would make the other measure null and void if this measure receives more affirmative votes.

Bill Sponsors (51)

Ortega

     
Coauthor

Rubio

     
Coauthor

Votes


Actions


Sep 20, 2023

California State Legislature

Chaptered by Secretary of State - Res. Chapter 173, Statutes of 2023.

California State Legislature

Enrolled and filed with the Secretary of State at 11 a.m.

Sep 14, 2023

Assembly

In Assembly. Ordered to Engrossing and Enrolling.

Senate

Ordered to the Assembly.

Senate

Read third time. Adopted. (Ayes 29. Noes 10. Page 2776.)

Sep 13, 2023

Senate

Read second time. Ordered to third reading.

Sep 12, 2023

Senate

From committee: Be adopted. (Ayes 5. Noes 2.) (September 12).

Sep 11, 2023

Senate

From committee: Be adopted, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 2.) (September 11). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Sep 07, 2023

Senate

Joint Rules 61 and 62(a) suspended. (Ayes 32. Noes 8. Page 2460.)

Senate

Referred to Com. on E. & C.A.

  • Referral-Committee
Com. on E. & C.A.

Sep 06, 2023

Assembly

Assembly Rule 69(d) suspended. (Ayes 55. Noes 18. Page 2972.)

Assembly

Read third time. Adopted. (Ayes 55. Noes 12. Page 2974.)

Assembly

Ordered to the Senate.

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

Sep 05, 2023

Assembly

Read third time and amended. Ordered to third reading. (Page 2932.)

Assembly

Assembly Rule 69 suspended. (Ayes 59. Noes 16. Page 2912.)

Assembly

Read second time. Ordered to third reading.

Sep 01, 2023

Assembly

Read second time and amended. Ordered returned to second reading.

Assembly

From committee: Amend, and be adopted as amended. (Ayes 10. Noes 4.) (September 1).

Aug 23, 2023

Assembly

In committee: Set, first hearing. Referred to suspense file.

  • Referral-Committee
suspense file.

Aug 14, 2023

Assembly

Re-referred to Com. on APPR.

  • Referral-Committee
Com. on APPR.

Jul 13, 2023

Assembly

Read second time and amended.

Jul 12, 2023

Assembly

From committee: Amend, and be adopted as amended, and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (July 12).

May 31, 2023

Assembly

Re-referred to Com. on L. GOV.

  • Referral-Committee
Com. on L. GOV.

May 30, 2023

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

May 26, 2023

Assembly

Referred to Coms. on L. GOV. and APPR.

  • Referral-Committee
Coms. on L. GOV. and APPR.

Dec 06, 2022

Assembly

From printer. May be heard in committee January 5.

Dec 05, 2022

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
ACA1 HTML
12/05/22 - Introduced PDF
05/30/23 - Amended Assembly PDF
07/13/23 - Amended Assembly PDF
09/01/23 - Amended Assembly PDF
09/05/23 - Amended Assembly PDF
09/18/23 - Enrolled PDF
09/20/23 - Chaptered PDF

Related Documents

Document Format
07/11/23- Assembly Local Government PDF
08/21/23- Assembly Appropriations PDF
09/05/23- ASSEMBLY FLOOR ANALYSIS PDF
09/10/23- Senate Elections and Constitutional Amendments PDF
09/12/23- Senate Appropriations PDF
09/13/23- Sen. Floor Analyses PDF

Sources

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