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Frequently Asked Questions about California Constitution Article XX

Is there special provision made for Sacramento County?

By Chris Micheli, May 15, 2024 2:30 am

How many sections does Article 20 have? This article contains ten sections.

What does Article 20 relate to? It relates to miscellaneous provisions.

Is there special provision made for Sacramento County? Section 1 provides that the County of Sacramento and all or any of the cities within the County of Sacramento may be consolidated as a charter city and county as provided by statute, with the approval of a majority of the electors of the county voting in favor of the charter.

Who protects real property for families? Section 1.5 requires the Legislature to protect, by law, from forced sale a certain portion of the homestead and other property of all heads of families.

Are there special provisions for universities or libraries? Section 2 provides that the rights, powers, privileges, and confirmations conferred by Sections 10 and 15 of Article IX relating to Stanford University and the Huntington Library and Art Gallery are continued in effect.

Is an oath of office required? Section 3 states that Members of the Legislature, and all public officers and employees (executive, legislative, and judicial), except inferior officers and employees as may be by law exempted, must take and subscribe to an oath set forth in the state Constitution before they enter upon the duties of their respective offices.

Can there be legislation affecting franchise holders? Section 4 states the Legislature cannot pass any laws permitting the leasing or alienation of any franchise, so as to relieve the franchise of property held from the liabilities of the lessor or grantor, lessee, or grantee, contracted or incurred in the operation, use, or enjoyment of such franchise, or any of its privileges.

What is the status of laws affecting corporate entities? Section 5 specifies that all laws now in force in California concerning corporations and all laws that may be passed pursuant to this section may be altered from time to time or repealed.

What is the impact of legislative term limits? Section 7 provides that the limitations on the number of terms apply only to terms to which persons are elected or appointed on or after November 6, 1990, except that an incumbent Senator whose office is not on the ballot for the general election on that date may serve only one additional term.

Is there an exception under the term limits law? Section 7 states that the limitations do not apply to any unexpired term to which a person is elected or appointed if the remainder of the term is less than half of the full term.

Who regulates alcoholic beverages in this state? Section 22 specifies that the State of California has the exclusive right and power to license and regulate the manufacture, sale, purchase, possession and transportation of alcoholic beverages within the State.

Is the Assembly Speaker ex officio for any entities? Section 23 provides that the Speaker of the Assembly is an ex officio member, having equal rights and duties with the non-legislative members, of any state agency created by the Legislature in the field of public higher education which is charged with the management, administration, and control of the State College System of California.

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