Bill Text: CA ACA9 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Legislature: legislative vacancies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [ACA9 Detail]

Download: California-2015-ACA9-Introduced.html

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BILL NUMBER: ACA 9	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gomez

                        FEBRUARY 19, 2016

   A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Sections 2
and 5 of Article IV thereof, relating to the Legislature.


	LEGISLATIVE COUNSEL'S DIGEST


   ACA 9, as introduced, Gomez. Legislature: legislative vacancies.
   The California Constitution, when a vacancy occurs in the
Legislature, requires the Governor to immediately call an election to
fill the vacancy.
   This measure would instead require the Governor to fill a vacancy
in either house of the Legislature by making an appointment within 60
days of the date of the vacancy from a list of 3 names selected by
certain entities. The persons nominated by the entities would be
required to have, at the time nominated and during the 12-month
period immediately preceding, the same political party preference as
the vacating Member had when he or she was last elected to the
Legislature.
    This measure would further require a person who vacates his or
her position to payback the salary and travel and living expenses he
or she received during the incomplete term of office, unless the
Member vacated the seat for personal medical reasons.
   The California Constitution requires the Legislature to enact laws
prohibiting a Member of the Legislature from lobbying, for
compensation, as governed by the Political Reform Act of 1974, before
the Legislature for 12 months after leaving office.
   This measure would, in addition, prohibit a Member of the
Legislature who vacates his or her seat prior to the expiration of
the term of office for other than personal medical reasons from being
permitted to lobby, for compensation before the Legislature until 12
months have passed from the date his or her term of office would
have expired.
   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 2015-16 Regular Session
commencing on the first day of December 2014, 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--  The Legislature finds and declares that Members of the
Legislature are expected to fulfill the full term of office to which
they have been elected.
  Second--  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   four-year  terms, 20
to begin every  2   two years.
   (2) The Assembly has a membership of 80  members 
 Members  elected for  2-year  
two-year  terms.
   (3) The  terms   term  of a Senator or a
Member of the Assembly shall commence on the first Monday in
December next following her or his election.
   (4) During her or his  lifetime   lifetime,
 a person may serve no more than 12 years in the Senate, the
Assembly, or both, in any combination of terms. This 
subdivision   paragraph  shall apply only to those
Members of the Senate or the Assembly who are first elected to the
Legislature after  the effective date of this subdivision
  June 5, 2012,  and who have not previously served
in the Senate or Assembly. Members of the Senate or Assembly who
were elected  on or  before  the effective date of
this subdivision   June 5, 2012,  may serve only
the number of terms allowed at the time of the last election before
 the effective date of this subdivision.   June
5, 2012. 
   (b) Election of  members   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   Members  of the Assembly.
   (c) A person is ineligible to be a  member  
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  three  years, immediately preceding
 the election,   his or her election or
appointment,  and service of the full term of office to which
the person is seeking to be elected  , or is to be appointed,
 would not exceed the maximum years of service permitted by 
paragraph (4) of  subdivision (a)  of this section.
  .  
   (d) When a vacancy occurs in the Legislature the Governor
immediately shall call an election to fill the vacancy. 

   (d) (1) If a vacancy occurs in either house of the Legislature,
each of the following shall, within 30 days of the vacancy, provide
the Governor one name of a person nominated for appointment to the
vacancy:  
   (A) In the house in which the vacancy occurs, the legislative
caucus of the same political party preference the vacating Member had
at the time he or she was last elected to the Legislature. The
legislative caucus shall agree by a majority vote on the name of the
person to submit to the Governor for consideration.  
   (B) The delegates to the state convention of the same political
party preference the vacating Member had at the time he or she was
last elected to the Legislature who reside in the vacating Member's
district boundaries. The delegates shall agree by a majority vote on
the name of the person to submit to the Governor for consideration.
 
   (C) The county board of supervisors of the county or counties in
which the vacating Member's district is located. The county board of
supervisors or boards of supervisors jointly, as applicable, shall
adopt a resolution setting forth the name of the person to submit to
the Governor for consideration.  
   (2) The persons nominated pursuant to paragraph (1) shall have, at
the time they are nominated and during the 12-month period
immediately preceding, the same political party preference as the
vacating Member had at the time he or she was last elected to the
Legislature.  
   (3) Within 60 days of a vacancy in the Legislature, the Governor
shall fill the vacancy by appointing one of the persons nominated
pursuant to paragraph (1).  
   (4) Unless a Member of the Legislature vacates his or her seat for
personal medical reasons, the vacating Member shall reimburse the
State for the full amount of the salary and travel and living
expenses he or she received during the term of office for which he or
she was last elected to the Legislature.  
   (5) The Legislature shall enact laws implementing this
subdivision. 
  Third--  That Section 5 of Article IV thereof is amended to read:
      SEC. 5.  (a) Each house shall judge the qualifications and
elections of its Members and, by rollcall vote entered in the
journal,  two thirds   two-thirds  of the
membership concurring, may expel a Member.
   (b) No Member of the Legislature may accept any honorarium. The
Legislature shall enact laws that implement this subdivision.
   (c) The Legislature shall enact laws that ban or strictly limit
the acceptance of a gift by a Member of the Legislature from any
source if the acceptance of the gift might create a conflict of
interest.
   (d) No Member of the Legislature may knowingly accept any
compensation for appearing, agreeing to appear, or taking any other
action on behalf of another person before any state government board
or agency. If a Member knowingly accepts any compensation for
appearing, agreeing to appear, or taking any other action on behalf
of another person before any local government board or agency, the
Member may not, for a period of one year following the acceptance of
the compensation, 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 that person 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. However, a
Member may engage in activities involving a board or agency which are
strictly on his or her own behalf, appear in the capacity of an
attorney before any court or the Workers' Compensation Appeals Board,
or act as an advocate without compensation or make an inquiry for
information on behalf of a person before a board or agency. This
subdivision does not prohibit any action of a partnership or firm of
which the Member is a member if the Member does not share directly or
indirectly in the fee, less any expenses attributable to that fee,
resulting from that action.
   (e) The Legislature shall enact laws that prohibit a Member of the
Legislature whose term of office commences on or after December 3,
1990, from lobbying, for compensation, as governed by the Political
Reform Act of 1974, before the Legislature for 12 months after
leaving office  , provided that a Member who has vacated his or
her seat prior to the expiration of his or her term of office for
other than personal medical reasons shall not be permitted to lobby
before the Legislature for compensation until 12 months have passed
from the date his or her term of office was scheduled to expire 
.
   (f) The Legislature shall enact new laws, and strengthen the
enforcement of existing laws, prohibiting Members of the Legislature
from engaging in activities or having interests which conflict with
the proper discharge of their duties and responsibilities. However,
the people reserve to themselves the power to implement this
requirement pursuant to Article II.