Bill Text: CA ACA31 | 2009-2010 | Regular Session | Introduced

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Bill Title: Legislature: floor sessions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-21 - From printer. May be heard in committee February 20. [ACA31 Detail]

Download: California-2009-ACA31-Introduced.html

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BILL NUMBER: ACA 31	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jeffries

                        JANUARY 20, 2010

   A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 7
of Article IV thereof, relating to the Legislature.


	LEGISLATIVE COUNSEL'S DIGEST


   ACA 31, as introduced, Jeffries. Legislature: floor sessions.
   Existing law authorizes each house of the legislature to adopt
rules for its proceedings.
   This bill would prohibit a house from meeting in a floor session
other than between the hours of 9 a.m. and 9 p.m. unless doing so is
necessary to consider legislation relating to an emergency created by
a natural disaster. The bill would provide that any legislation
passed by a house during a floor session occurring outside of those
hours that is not necessary to consider legislation relating to an
emergency created by a natural disaster would have no effect.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.



   Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2009-10 Regular Session
commencing on the first day of December 2008, 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 7 of Article IV thereof is amended to read:
      SEC. 7.  (a) Each house shall choose its officers and adopt
rules for its proceedings. A majority of the membership constitutes a
quorum, but a smaller number may recess from day to day and compel
the attendance of absent  members   Members
 . 
   (b) A house may meet in a floor session only between the hours of
9 a.m. and 9 p.m., unless a meeting is necessary to consider
legislation relating to an emergency created by a natural disaster.
Any legislation passed by a house outside of those hours that does
not relate to an emergency created by a natural disaster shall have
no effect.  
   (b) 
    (c)  Each house shall keep and publish a journal of its
proceedings. The rollcall vote of the  members  
Members  on a question shall be taken and entered in the
journal at the request of  3 members   three
Members  present. 
   (c) 
    (d)  (1) The proceedings of each house and the
committees thereof shall be open and public. However, closed sessions
may be held solely for any of the following purposes:
   (A) To consider the appointment, employment, evaluation of
performance, or dismissal of a public officer or employee, to
consider or hear complaints or charges brought against a Member of
the Legislature or other public officer or employee, or to establish
the classification or compensation of an employee of the Legislature.

   (B) To consider matters affecting the safety and security of
Members of the Legislature or its employees or the safety and
security of any buildings and grounds used by the Legislature.
   (C) To confer with, or receive advice from, its legal counsel
regarding pending or reasonably anticipated, or whether to initiate,
litigation when discussion in open session would not protect the
interests of the house or committee regarding the litigation.
   (2) A caucus of the Members of the Senate, the Members of the
Assembly, or the Members of both houses, which is composed of the
members of the same political party, may meet in closed session.
   (3) The Legislature shall implement this subdivision by concurrent
resolution adopted by rollcall vote entered in the journal,
two-thirds of the membership of each house concurring, or by statute,
and shall prescribe that, when a closed session is held pursuant to
paragraph (1), reasonable notice of the closed session and the
purpose of the closed session shall be provided to the public. If
there is a conflict between a concurrent resolution and statute, the
last adopted or enacted shall prevail. 
   (d) 
    (e)  Neither house without the consent of the other may
recess for more than 10 days or to any other place.