Bill Text: CA ACR84 | 2009-2010 | Regular Session | Introduced
Bill Title: California Constitution Revision Commission.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2009-08-18 - In committee: Hearing cancelled at the request of author. [ACR84 Detail]
Download: California-2009-ACR84-Introduced.html
BILL NUMBER: ACR 84 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Fuentes
(Coauthor: Assembly Member Bass)
JULY 1, 2009
Relative to the California Constitution Revision Commission.
LEGISLATIVE COUNSEL'S DIGEST
ACR 84, as introduced, Fuentes. California Constitution Revision
Commission.
The California Constitution authorizes the Legislature to propose
revisions to that document.
This measure would create the California Constitution Revision
Commission, prescribe its membership, and specify its powers and
duties. The measure would require the commission to submit a report
to the Governor and the Legislature by April 30, 2010, that sets
forth its findings with respect to the formulation and enactment of a
state budget and recommendations for the improvement of that
process. The commission would also be required to report on specified
issues relating to the structure of state governance. The measure
would declare the intent of the Legislature that $250,000 be made
available from the Assembly Operating Fund and $250,000 from the
Senate Operating Fund to the commission to carry out its duties and
responsibilities. The measure would declare the commission to be
inoperative on July 1, 2012.
Fiscal committee: yes.
WHEREAS, California's budget process has become crippled by a
complex entanglement of constraints that interfere with an orderly
and comprehensive consideration of all fiscal matters; and
WHEREAS, A complete review of the process by an independent
citizens' commission would provide the Legislature a basis for
considering changes that would result in a more thoughtful and
deliberative process; and
WHEREAS, The legislative process has at times become mired in
gridlock and rivalries between the two houses of the Legislature and
the executive branch have deterred the state's ability to make
significant policy changes in response to the changing times; and
WHEREAS, Changes to existing government organizational structures
may provide a more responsive and productive form of governance for
California than the current system; and
WHEREAS, California's existing "system" of government is
dysfunctional and does not work together sufficiently to achieve the
public's goals; and
WHEREAS, The various components have no common conception of
mission and often work at cross-purposes; and
WHEREAS, California's Constitution has become a patchwork of
detailed, statutory, and regulatory material, instead of a statement
of the basic and fundamental law of the state, as it should be; and
WHEREAS, The methods by which the Constitution can be amended or
revised has led to the Constitution being amended over 500 times
since its adoption in 1849; now, therefore, be it
Resolved by the Assembly of the State of California, the Senate
thereof concurring, That there is hereby created in state government
the California Constitution Revision Commission, which shall
hereafter be deemed the "commission" and which shall consist of 25
members, appointed as follows:
(a) Ten members appointed by the Speaker of the Assembly, in
accordance with the following:
(1) No more than six members shall be registered with the same
political party.
(2) Two members shall be appointed in consultation with the
Assembly Minority Caucus.
(3) One member shall be appointed in consultation with an
association representing county elected officials.
(4) One member shall be appointed in consultation with an
association representing city elected officials.
(b) Ten members appointed by the Senate Committee on Rules, in
accordance with the following:
(1) No more than six members shall be registered with the same
political party.
(2) Two members shall be appointed in consultation with the Senate
Minority Caucus.
(3) One member shall be appointed in consultation with an
association representing county elected officials.
(4) One member shall be appointed in consultation with an
association representing city elected officials.
(c) A designee of the Chief Justice of California.
(d) A designee of the Controller.
(e) A designee of the Treasurer.
(f) A designee of the Attorney General.
(g) A designee of the Secretary of State.
(h) A designee of the President of the University of California.
(i) The Senate Committee on Rules and the Speaker of the Assembly
may each appoint no more than two Members of the Legislature to the
commission; and be it further
Resolved, That all appointments to the commission meet all of the
following conditions:
(a) No lobbyist, as defined in Section 82039 of the Government
Code, may serve as a member of the commission.
(b) The membership of the commission shall broadly reflect the
ethnic, racial, cultural, geographic, and gender diversity of the
state.
(c) The membership of the commission shall also be broadly
representative of the various political, economic, and social
groupings within the state, with particular care given to include
groups that have traditionally been underrepresented or that have
been the subject of public controversy; and be it further
Resolved, That the initial appointments to the commission shall be
made not later than October 1, 2009; and be it further
Resolved, That each member of the commission shall serve without
compensation, but each member other than an elected officer shall
receive one hundred dollars ($100) for each day while on official
business of the commission. In addition, each member shall also be
entitled to receive necessary expenses actually incurred in the
performance of his or her duties; and be it further
Resolved, That the commission shall select one of its members as
the chair of the commission; and be it further
Resolved, That the commission shall appoint four staff attorneys,
an administrative assistant, and a communications aide and fix his or
her compensation in accordance with law; that the commission may
employ and fix the compensation, in accordance with law, of any
professional, clerical, and other assistants that may be necessary;
and that the Legislative Counsel, Legislative Analyst, State Auditor,
and the Department of Finance should assist the commission in the
performance of its duties; and be it further
Resolved, That the commission shall assist the Legislature by
doing all of the following:
(a) Examining the process by which a budget is formulated and
enacted by state government, the manner in which the budget serves
the future needs of the state, the appropriate balance of resources
and spending by the state, and the fiscal relations of the state,
federal, and local governments, and any constraints and impediments
that interfere with an orderly and comprehensive consideration of all
fiscal matters that impact upon the development of a budget for the
state.
(b) Examining the structure of state governance and proposed
modifications that may increase accountability and improve the
process of formulation, consideration, and approval of policy
determinations and a budget for the state.
(c) Examining the feasibility of integrating community resources
into service delivery mechanisms in order to reduce duplication and
increase efficiency, and the feasibility of community coalitions
making recommendations to local entities regarding a community's
vision and goals.
(d) Examine the existing methods of constitutional revision and
amendment, and propose modifications that may help to transition the
Constitution into a more limited document, containing only the basic
and fundamental law of the state, rather than being comprised mainly
of detailed, statutory, and regulatory material that is more
appropriately adopted as statute; and be it further
Resolved, That the commission shall submit a report to the
Legislature on or before April 30, 2010, that sets forth its findings
with respect to this measure and shall also submit interim reports
before that date whenever it makes a finding and recommendation on a
specific topic; and be it further
Resolved, That, in carrying out its duties and responsibilities,
the commission shall have all of the following powers:
(a) To meet at times and places as it may deem proper, and for
purposes of these meetings, the commission shall be considered as a
state body subject to the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
(b) To issue subpoenas to compel the attendance of witnesses and
the production of books, records, papers, accounts, reports, and
documents.
(c) To administer oaths.
(d) To contract, as it deems necessary, for the rendition of
services, facilities, studies, and reports to the commission as will
best assist it to carry out its duties and responsibilities.
(e) To cooperate with and to secure the cooperation of county,
city, city and county, and other local law enforcement agencies in
investigating any matter within the scope of its duties and
responsibilities, and to direct the sheriff of any county or any
marshal to serve subpoenas, orders, and other process.
(f) To secure directly from every department, agency, or
instrumentality full cooperation, access to its records, and access
to any information, suggestions, estimates, data, and statistics that
it may have available.
(g) To do any and all things necessary or convenient to enable it
to fully and adequately perform its duties and to exercise the
powers expressly granted to it; and be it further
Resolved, That it is the intention of the Legislature that the sum
of two hundred fifty thousand dollars ($250,000) be made available
from the Assembly Operating Fund, and the sum of two hundred fifty
thousand dollars ($250,000) be made available from the Senate
Operating Fund to the California Constitution Revision Commission
established by this measure to carry out its duties and
responsibilities as specified in this measure; and be it further
Resolved, The formation of the California Constitution Revision
Commission shall begin immediately upon passage of this measure by
the Assembly and the Senate; and be it further
Resolved, That the commission shall cease to operate on July 1,
2012; and be it further
Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to the author for appropriate distribution.
