Bill Text: CA ACA20 | 2011-2012 | Regular Session | Introduced
Bill Title: Part-time Legislature.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-05-04 - From printer. May be heard in committee June 3. [ACA20 Detail]
Download: California-2011-ACA20-Introduced.html
BILL NUMBER: ACA 20 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jeffries
MAY 3, 2011
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 9
of Article II thereof, and by amending Sections 3, 4, 10, and 11 of
Article IV thereof, relating to the Legislature.
LEGISLATIVE COUNSEL'S DIGEST
ACA 20, as introduced, Jeffries. Part-time Legislature.
Existing provisions of the California Constitution provide that
the Legislature meets in a biennial regular session, commencing with
the first Monday in December in each even-numbered year, when each
house is required to immediately organize, and concluding at midnight
on November 30 of the next even-numbered year.
This measure would provide that the meeting on the first Monday in
December in an even-numbered year shall be for the sole purpose of
organizing each house, and that the Legislature shall otherwise
convene in regular session each year only between the first business
day in March and June 30.
This measure would permit the Legislature to meet in regular
session after June 30 of any calendar year only for a period of up to
15 days to reconsider bills vetoed by the Governor.
Existing provisions of the California Constitution prevent a
Member of the Legislature from receiving travel and living expenses
during the times that the Legislature is in recess for more than 3
calendar days, but exempts from that prohibition travel to or from,
and attendance at, any meeting of a committee of which he or she is a
member, or a meeting, conference, or other legislative function or
responsibility as authorized by the rules of the house of which he or
she is a member, that is held at a location at least 20 miles from
his or her place of residence.
This measure would eliminate these exemptions and, except for
members of the committees on rules of each house or a joint committee
on rules when meeting in Sacramento on issues relating to the
operations of the Legislature, would permit a Member of the
Legislature to receive these expenses only for limited periods of
legislative sessions. It would prohibit the payment of living
expenses, or related travel expenses, for a Member attending a
legislative session or committee meeting held less than 20 miles from
the Member's place of residence.
Existing provisions of the California Constitution provide that
any bill passed by the Legislature before September 1 of the 2nd
calendar year of the biennium of the legislative session and in the
possession of the Governor on or after September 1 that is not
returned on or before September 30 of that year becomes a statute.
This measure would instead provide that any bill passed by the
Legislature before July 1 of the 2nd calendar year of the biennium of
the legislative session and in the possession of the Governor on or
after July 1 that is not returned on or before July 30 of that year
becomes a statute.
Existing constitutional provisions provide that a bill introduced
during the first year of the biennium of the legislative session that
has not been passed by the house of origin by January 31 of the 2nd
calendar year of the biennium may no longer be acted on by the house.
This measure would change the date by which a bill introduced in
the first year of the biennium would have to be passed by the house
of origin in the 2nd calendar year of the biennium to March 31.
Existing constitutional provisions authorize the selection of
legislative committees, as specified.
This measure would permit a committee of either house of the
Legislature, except a rules committee, to hold a hearing only on a
day on which the Legislature is not in recess.
This measure provides that it would become effective as of the
first day of the biennial session of the Legislature next commencing
following the date on which this measure is approved by the voters.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2011-12 Regular Session
commencing on the sixth day of December 2010, 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:
First-- That Section 9 of Article II thereof is amended to read:
SEC. 9. (a) The referendum is the power of the electors to
approve or reject statutes or parts of statutes except urgency
statutes, statutes calling elections, and statutes providing for tax
levies or appropriations for usual current expenses of the State.
(b) A referendum measure may be proposed by presenting to the
Secretary of State, within 90 days after the enactment date of the
statute, a petition certified to have been signed by electors equal
in number to 5 percent of the votes for all candidates for Governor
at the last gubernatorial election, asking that the statute or part
of it be submitted to the electors. In the case of a statute
enacted by a bill passed by the Legislature on or before the date
the Legislature adjourns for a joint recess to reconvene in the
second calendar year of the biennium of the legislative session, and
in the possession of the Governor after that date, the petition may
not be presented on or after January 1 next following the enactment
date unless a copy of the petition is submitted to the Attorney
General pursuant to subdivision (d) of Section 10 of Article II
before January 1.
(c) The Secretary of State shall then submit the measure at the
next general election held at least 31 days after it qualifies or at
a special statewide election held prior to that general election. The
Governor may call a special statewide election for the measure.
Second-- That Section 3 of Article IV thereof is amended to read:
SEC. 3. (a) The Legislature shall convene in regular session
at noon on the first Monday in December of each even-numbered year
for the sole purpose of organizing and each house shall
immediately organize. Each regular session of the
Legislature shall adjourn sine die by operation of the Constitution
at midnight on November June 30 of the
following even-numbered year.
(b) After the Legislature has organized, it shall reconvene
in regular session on the first business day in March each year, and
shall not meet in regular session after June 30 of any calendar year
except for a single period after that date of up to 15 days to
reconsider bills vetoed by the Governor pursuant to Section 10.
(c) On extraordinary occasions the Governor
by proclamation may cause the Legislature to assemble in special
session. When so assembled it has power to legislate only on subjects
specified in the proclamation but may provide for expenses and other
matters incidental to the session.
Third-- That Section 4 of Article IV thereof is amended to read:
SEC. 4. (a) To eliminate any appearance of a conflict with the
proper discharge of his or her duties and responsibilities, no
Member of the Legislature may knowingly receive any salary, wages,
commissions, or other similar earned income from a lobbyist or
lobbying firm, as defined by the Political Reform Act of 1974, or
from a person who, during the previous 12 months, has been under a
contract with the Legislature. The Legislature shall enact laws that
define earned income. However, earned income does not include any
community property interest in the income of a spouse. Any Member who
knowingly receives any salary, wages, commissions, or other similar
earned income from a lobbyist employer, as defined by the Political
Reform Act of 1974, may not, for a period of one year following its
receipt, vote upon or make, participate in making, or in any way
attempt to use his or her official position to influence an action or
decision before the Legislature, other than an action or decision
involving a bill described in subdivision (c) of Section 12
of this article , which he or she knows, or has reason to
know, would have a direct and significant financial impact on the
lobbyist employer and would not impact the public generally or a
significant segment of the public in a similar manner. As used in
this subdivision, "public generally" includes an industry, trade, or
profession.
(b) (1) Travel and living expenses for
Members of the Legislature in connection with their official duties
shall be prescribed by statute passed by rollcall vote entered in the
journal, two-thirds of the membership of each house concurring.
A Member may not receive travel and living expenses during
the times that the Legislature is in recess for more than three
calendar days, unless the Member is traveling to or from, or is in
attendance at, any meeting of a committee of which he or she is a
member, or a meeting, conference, or other legislative function or
responsibility as authorized by the rules of the house of which he or
she is a member, which is held at a location at least
A Member of the Legislature may receive living expenses, and related
travel expenses, only for the following:
(A) Days spent attending the regular
session.
(B) Up to 15 days spent attending a
legislative session to reconsider one or more bills vetoed by the
Governor.
(C) Up to 15 days spent attending a
special session of the Legislature.
(D) For members of the committee on rules of either house, or of
the joint committee on rules, days spent meeting in Sacramento on
issues relating to the operations of that house or, in the case of
the joint committee, of both houses.
(2) No travel or living expenses shall
be provided to a Member attending a legislative session or committee
meeting held at a location less than 20 miles from his
or her the Member's place of residence.
(c) (1) The Legislature may not provide
retirement benefits based on any portion of a monthly salary in
excess of five hundred dollars ($500) paid to any Member of the
Legislature unless the Member receives the greater amount while
serving as a Member in the Legislature. The Legislature may, prior to
their retirement, limit the retirement benefits payable to Members
of the Legislature who serve during or after the term commencing in
1967.
When
(2) When computing the retirement
allowance of a Member who serves in the Legislature during the term
commencing in 1967 or later, allowance may be made for increases in
cost of living if so provided by statute, but only with respect to
increases in the cost of living occurring after retirement of the
Member. However, the Legislature may provide that no Member shall be
deprived of a cost of living adjustment based on a monthly salary of
five hundred dollars ($500) which has accrued prior to the
commencement of the 1967 Regular Session of the Legislature.
Fourth-- That Section 10 of Article IV thereof is amended to read:
SEC. 10. (a) Each bill passed by the Legislature shall be
presented to the Governor. It becomes a statute if it is signed by
the Governor. The Governor may veto it by returning it with any
objections to the house of origin, which shall enter the objections
in the journal and proceed to reconsider it. If each house then
passes the bill by rollcall vote entered in the journal, two-thirds
of the membership concurring, it becomes a statute.
(b) (1) Any bill, other than a bill which would establish or
change boundaries of any legislative, congressional, or other
election district, passed by the Legislature on or before the date
the Legislature adjourns for a joint recess to reconvene in the
second calendar year of the biennium of the legislative session, and
in the possession of the Governor after that date, that is not
returned within 30 days after that date becomes a statute.
(2) Any bill passed by the Legislature before September
July 1 of the second calendar year of the
biennium of the legislative session and in the possession of the
Governor on or after September July 1
that is not returned on or before September
July 30 of that year becomes a statute.
(3) Any other bill presented to the Governor that is not returned
within 12 days becomes a statute.
(4) If the Legislature by adjournment of a special session
prevents the return of a bill with the veto message, the bill becomes
a statute unless the Governor vetoes the bill within 12 days after
it is presented by depositing it and the veto message in the office
of the Secretary of State.
(5) If the 12th day of the period within which the Governor is
required to perform an act pursuant to paragraph (3) or (4)
of this subdivision is a Saturday, Sunday, or holiday, the
period is extended to the next day that is not a Saturday, Sunday, or
holiday.
(c) Any bill introduced during the first year of the biennium of
the legislative session that has not been passed by the house of
origin by January March 31 of the
second calendar year of the biennium may no longer be acted on by the
house. No bill may be passed by either house on or after
September 1 of an even-numbered year except statutes calling
elections, statutes providing for tax levies or appropriations for
the usual current expenses of the State, and urgency statutes, and
bills passed after being vetoed by the Governor.
(d) The Legislature may not present any bill to the Governor after
November 15 of the second calendar year of the biennium of the
legislative session.
(e)
(d) The Governor may reduce or eliminate one
or more items of appropriation while approving other portions of a
bill. The Governor shall append to the bill a statement of the items
reduced or eliminated with the reasons for the action. The Governor
shall transmit to the house originating the bill a copy of the
statement and reasons. Items reduced or eliminated shall be
separately reconsidered and may be passed over the Governor's veto in
the same manner as bills.
(f)
(e) (1) If, following the enactment of the
budget bill for the 2004-05 fiscal year or any subsequent fiscal
year, the Governor determines that, for that fiscal year, General
Fund revenues will decline substantially below the estimate of
General Fund revenues upon which the budget bill for that fiscal
year, as enacted, was based, or General Fund expenditures will
increase substantially above that estimate of General Fund revenues,
or both, the Governor may issue a proclamation declaring a fiscal
emergency and shall thereupon cause the Legislature to assemble in
special session for this purpose. The proclamation shall identify the
nature of the fiscal emergency and shall be submitted by the
Governor to the Legislature, accompanied by proposed legislation to
address the fiscal emergency.
(2) If the Legislature fails to pass and send to the Governor a
bill or bills to address the fiscal emergency by the 45th day
following the issuance of the proclamation, the Legislature may not
act on any other bill, nor may the Legislature adjourn for a joint
recess, until that bill or those bills have been passed and sent to
the Governor.
(3) A bill addressing the fiscal emergency declared pursuant to
this section shall contain a statement to that effect.
Fifth-- That Section 11 of Article IV thereof is amended to read:
SEC. 11. (a) The Legislature or either
house may by resolution provide for the selection of committees
necessary for the conduct of its business, including committees to
ascertain facts and make recommendations to the Legislature on a
subject within the scope of legislative control.
(b) A committee of either house of the
Legislature may hold a hearing only on a day on which that house of
the Legislature is not in recess, and a joint committee may hold a
hearing only on a day on which neither house is
in recess. Notwithstanding that restriction, the committee on rules
of either house, or a joint committee on rules, may meet on any day
on issues relating to the operations of that house or, in the case of
the joint committee, of both houses.
Sixth-- That the amendments set forth in this measure shall become
operative as of the first day of the biennial session of the
Legislature next commencing following the date on which this measure
is approved by the voters.
