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ACA-10 Personal rights: right to housing.(2019-2020)

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ACA10:v98#DOCUMENT

Amended  IN  Assembly  May 11, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Constitutional Amendment
No. 10


Introduced by Assembly Member Chu Bonta

February 21, 2019


A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 2 of Article IV thereof, adding Article XXV thereto, relating to the Legislature. housing.


LEGISLATIVE COUNSEL'S DIGEST


ACA 10, as amended, Chu Bonta. Members of the Assembly: terms of office. Personal rights: right to housing.
The California Constitution enumerates various personal rights, including the right to enjoy and defend life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.
This measure would declare that the fundamental human right to housing exists in this state. The measure would declare that this right is exclusively enforceable by a public right of action. The measure would specify that it is the shared obligation of state and local jurisdictions to respect, protect, and fulfill this right through progressively implemented measures, consistent with available resources, within an aggressive but reasonable time frame.

The California Constitution provides that the Senate has a membership of 40 Senators elected for 4-year terms, 20 to begin every 2 years, and that the Assembly has a membership of 80 Members elected for 2-year terms.

This measure would extend the terms of Members of the Assembly from 2 to 4 years, commencing with the November 3, 2020, general election, except for certain Members of the Assembly who because of term limit restrictions could only serve a 2-year term.

Vote: 2/3   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2019–20 Regular Session commencing on the second day of December 2019, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows:

 That Article XXV is added thereto, to read:

Article  XXV Right to Housing

SECTION 1.
 The fundamental human right to housing is hereby declared to exist in this state. This right ensures access to adequate housing for all Californians. This right is exclusively enforceable by a public right of action. It is the shared obligation of state and local jurisdictions to respect, protect, and fulfill this right through progressively implemented measures, consistent with available resources, within an aggressive but reasonable time frame.

Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2019–20 Regular Session commencing on the third day of December 2018, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California that the Constitution of the State be amended as follows:

That Section 2 of Article IV thereof is amended to read:
SEC. 2.

(a)(1)The Senate has a membership of 40 Senators elected for 4-year terms, 20 to begin every 2 years.

(2)The Assembly has a membership of 80 members elected for 2-year or 4-year terms, as described below:

(A)Except as provided in subparagraph (B), a Member of the Assembly elected or appointed on or after November 3, 2020, shall serve a 4-year term.

(B)A Member of the Assembly elected or appointed on or after November 3, 2020, who is ineligible to serve a full 4-year term pursuant to subdivision (c) shall serve a 2-year term.

(3)The terms of a Senator or a Member of the Assembly shall commence on the first Monday in December next following the Senator or Member of the Assembly’s election.

(4)(A)During a person’s lifetime a person may serve no more than 12 years in the Senate, the Assembly, or both, in any combination of terms. This subdivision shall apply only to those Members of the Senate or the Assembly who are first elected to the Legislature after June 5, 2012, and who have not previously served in the Senate or Assembly.

(B)Members of the Senate or Assembly who were elected before June 5, 2012, may serve only the number of terms allowed at the time of the last election before June 5, 2012. “Term” for purposes of this subparagraph means a 2-year period for Members of the Assembly. A 4-year term under subparagraph (A) of paragraph (2) shall be counted as two terms for purposes of this subparagraph.

(b)Election of members of the Assembly shall be on the first Tuesday after the first Monday in November of even-numbered years unless otherwise prescribed by the Legislature. Senators shall be elected at the same time and places as members of the Assembly.

(c)A person is ineligible to be a member of the Legislature unless the person is an elector and has been a resident of the legislative district for one year, and a citizen of the United States and a resident of California for 3 years, immediately preceding the election, and service of the full term of office to which the person is seeking to be elected would not exceed the maximum years of service permitted by subdivision (a) of this section.

(d)When a vacancy occurs in the Legislature the Governor immediately shall call an election to fill the vacancy.