Bill Text: CA SCA16 | 2013-2014 | Regular Session | Amended
Bill Title: Members of the Legislature: vacancy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-23 - From committee: Be adopted and re-refer to Com. on RLS. (Ayes 5. Noes 2. Page 3717.) (May 23). Re-referred to Com. on RLS. [SCA16 Detail]
Download: California-2013-SCA16-Amended.html
BILL NUMBER: SCA 16 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 21, 2014
INTRODUCED BY Senator Steinberg
FEBRUARY 20, 2014
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 2
of Article IV thereof, relating to the Legislature.
LEGISLATIVE COUNSEL'S DIGEST
SCA 16, as amended, Steinberg. Members of the Legislature:
vacancy.
The California Constitution requires the Governor to call an
election to fill a vacancy occurring in either house of the
Legislature.
This measure would instead require the Governor to fill a vacancy
in either house of the Legislature by appointment within 21 days of
the date of the vacancy, and would require that the appointee, at the
time of the appointment and during the 12-month period immediately
preceding the appointment, have the same political party preference
as the vacating Member had when he or she was last elected to the
Legislature. The measure would allow the house to which the
appointment is made to reject the appointment, by a majority vote,
within 21 days of the appointment, in which case the Governor would
be required to make another appointment. If an appointment is not
rejected, the appointee would be eligible to take office the day
after the end of the 21-day period and would serve for the remainder
of the term of the vacating Member, except as specified.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
Resolved by the Senate, the Assembly concurring, That the
Legislature of the State of California at its 2013-14 Regular Session
commencing on the third day of December 2012, 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 2 of Article IV thereof is amended to read:
SEC. 2. (a) (1) The Senate has a membership of 40 Senators
elected for four-year terms, 20 to begin every two years.
(2) The Assembly has a membership of 80 Members elected for
two-year terms.
(3) The 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, a person may serve no more than 12
years in the Senate, the Assembly, or both, in any combination of
terms. This paragraph shall apply only to those Members of the Senate
or the Assembly who are first elected or appointed to the
Legislature after 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 June 5, 2012, may serve only the number of terms
allowed at the time of the last election before June 5, 2012.
(b) Election of 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 of the Assembly.
(c) A person is ineligible to be a 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 three years, immediately preceding
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).
(d) (1) (A) If a vacancy occurs in the Legislature, the Governor
shall fill the vacancy by appointment within 21 days of the date of
the vacancy.
(B) A person appointed pursuant to subparagraph (A) shall have, at
the time of the appointment 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. If the vacating Member declined to disclose a political
party preference at the time he or she was last elected to the
Legislature, the Governor may make an appointment regardless of
political party preference.
(2) Within 21 days of an appointment made pursuant to paragraph
(1), excluding any period during which the house is in recess, the
house to which the appointment is made may reject the appointment by
a rollcall vote entered in the journal, a majority of the membership
of the house concurring. If the house rejects the appointment, the
Governor shall make another appointment within 21 days of the date of
the rejection, subject to rejection by the house pursuant to this
paragraph.
(3) (A) If an appointment is not rejected pursuant to paragraph
(2), the appointee is eligible to take office on the day following
the 21-day period provided for in paragraph (2) and, except as
provided in subparagraph (B), shall serve until the end of the term
of the office to which the appointee is appointed.
(B) In the case of a seat in the Senate, the term of which does
not end in the same year as the end of the biennium of the regular
session of the Legislature during which the vacancy occurred, the
appointee shall not serve the remainder of the unexpired term.
Instead, a special election shall be held on the date of the
a statewide general election
immediately preceding the end of held in
the biennium of the regular session during which the
vacancy occurred to fill the remainder of the
unexpired term, provided that the election occurs not sooner after
the date of the vacancy than a period specified by statute. If a
special election is not held pursuant to this subparagraph, the
appointee shall serve the remainder of the unexpired term.
