California Assembly Bill ACA30 Latest Draft

 BILL NUMBER: ACA 30INTRODUCED 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 17 of Article II thereof, by amending Section 8 of Article III thereof, by amending Sections 5, 9, 10, and 11 of Article V thereof, by amending Section 4 of Article VII thereof, and by amending Section 9 of Article IX thereof, relating to the Lieutenant Governor. LEGISLATIVE COUNSEL'S DIGEST ACA 30, as introduced, Jeffries. Lieutenant Governor. The California Constitution creates the office of Lieutenant Governor and establishes qualifications for the office and the method of its election. The California Constitution requires the Lieutenant Governor to become Governor when a vacancy occurs in the office of Governor, and to act as Governor during the impeachment, absence from the state, or other temporary disability of the Governor or of a Governor-elect who fails to take office. It further requires the Legislature to provide for an order of precedence after the Lieutenant Governor for succession to the office of Governor. The California Constitution provides that the Lieutenant Governor is the President of the Senate, but votes as part of that body only for the purpose of breaking a tie. The California Constitution authorizes the people to recall a public official and provides for a recall process, which may include requiring the Governor to call an election, and requires, when a recall of the Governor is initiated, that the Lieutenant Governor perform the recall duties of the Governor. The California Constitution exempts the Lieutenant Governor, and employees directly appointed or employed by him or her, from the civil service, and requires that his or her compensation be set by the California Citizens Compensation Commission. The California Constitution establishes the University of California as a public trust to be administered by the Regents of the University of California, the membership of which includes the Lieutenant Governor. Existing statutes also establish various boards and commissions of which the Lieutenant Governor is a member. This measure would eliminate the position of Lieutenant Governor and transfer the specified duties of the Lieutenant Governor to the Secretary of State. Specifically, the measure would provide that the Secretary of State is the President of the Senate, but votes as part of that body only for the purpose of breaking a tie, and would require the Secretary of State to become Governor when a vacancy occurs in the office of Governor, and to act as Governor during the impeachment, absence from the state, or other temporary disability of the Governor or of a Governor-elect who fails to take office. The measure would also require the Secretary of State to perform the recall duties assigned to the Governor, if a recall of the Governor is initiated. The measure would additionally make the Secretary of State an ex officio member of the Regents of the University of California. 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 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: First-- That Section 17 of Article II thereof is amended to read: SEC. 17. If recall of the Governor or Secretary of State is initiated, the recall duties of that office shall be performed by the  Lieutenant Governor   Secretary of State  or Controller, respectively. Second-- That Section 8 of Article III thereof is amended to read: SEC. 8. (a) The California Citizens Compensation Commission is hereby created and shall consist of seven members appointed by the Governor. The commission shall establish the annual salary and the medical, dental, insurance, and other similar benefits of state officers. (b) The commission shall consist of the following persons: (1) Three public members, one of whom has expertise in the area of compensation, such as an economist, market researcher, or personnel manager; one of whom is a member of a nonprofit public interest organization; and one of whom is representative of the general population and may include, among others, a retiree, homemaker, or person of median income. No person appointed pursuant to this paragraph may, during the 12 months prior to his or her appointment, have held public office, either elective or appointive, have been a candidate for elective public office, or have been a lobbyist, as defined by the Political Reform Act of 1974  , or a successor statute  . (2) Two members who have experience in the business community, one of whom is an executive of a corporation incorporated in this State  which   that  ranks among the largest private sector employers in the State based on the number of employees employed by the corporation in this State  ,  and one of whom is an owner of a small business in this State. (3) Two members, each of whom is an officer or member of a labor organization. (c) The Governor shall strive insofar as practicable to provide a balanced representation of the geographic, gender, racial, and ethnic diversity of the State in appointing commission members. (d) The Governor shall appoint commission members and designate a chairperson for the commission not later than 30 days after the effective date of this section. The terms of two of the initial appointees shall expire on December 31, 1992, two on December 31, 1994, and three on December 31, 1996, as determined by the Governor. Thereafter, the term of each member shall be six years. Within 15 days of any vacancy, the Governor shall appoint a person to serve the unexpired portion of the term. (e) No current or former officer or employee of this State is eligible for appointment to the commission. (f) Public notice shall be given of all meetings of the commission, and the meetings shall be open to the public. (g) On or before December 3, 1990, the commission shall, by a single resolution adopted by a majority of the membership of the commission, establish the annual salary and the medical, dental, insurance, and other similar benefits of state officers. The annual salary and benefits specified in that resolution shall be effective on and after December 3, 1990. Thereafter, at or before the end of each fiscal year, the commission shall, by a resolution adopted by a majority of the membership of the commission, adjust the medical, dental, insurance, and other similar benefits of state officers. The benefits specified in the resolution shall be effective on and after the first Monday of the next December. Thereafter, at or before the end of each fiscal year, the commission shall adjust the annual salary of state officers by a resolution adopted by a majority of the membership of the commission. The annual salary specified in the resolution shall be effective on and after the first Monday of the next December, except that a resolution shall not be adopted or take effect in any year that increases the annual salary of any state officer if, on or before the immediately preceding June 1, the Director of Finance certifies to the commission, based on estimates for the current fiscal year, that there will be a negative balance on June 30 of the current fiscal year in the Special Fund for Economic Uncertainties in an amount equal to, or greater than, 1 percent of estimated General Fund revenues. (h) In establishing or adjusting the annual salary and the medical, dental, insurance, and other similar benefits, the commission shall consider all of the following: (1) The amount of time directly or indirectly related to the performance of the duties, functions, and services of a state officer. (2) The amount of the annual salary and the medical, dental, insurance, and other similar benefits for other elected and appointed officers and officials in this State with comparable responsibilities, the judiciary, and, to the extent practicable, the private sector, recognizing, however, that state officers do not receive, and do not expect to receive, compensation at the same levels as individuals in the private sector with comparable experience and responsibilities. (3) The responsibility and scope of authority of the entity in which the state officer serves. (4) Whether the Director of Finance estimates that there will be a negative balance in the Special Fund for Economic Uncertainties in an amount equal to or greater than 1 percent of estimated General Fund revenues in the current fiscal year. (i) Until a resolution establishing or adjusting the annual salary and the medical, dental, insurance, and other similar benefits for state officers takes effect, each state officer shall continue to receive the same annual salary and the medical, dental, insurance, and other similar benefits received previously. (j) All commission members shall receive their actual and necessary expenses, including travel expenses, incurred in the performance of their duties. Each member shall be compensated at the same rate as members, other than the chairperson, of the Fair Political Practices Commission, or its successor, for each day engaged in official duties, not to exceed 45 days per year. (k) It is the intent of the Legislature that the creation of the commission should not generate new state costs for staff and services. The Department of Personnel Administration, the Board of Administration of the Public Employees' Retirement System, or other appropriate agencies, or their successors, shall furnish, from existing resources, staff and services to the commission as needed for the performance of its duties. (  l ) "State officer," as used in this section, means the Governor,  Lieutenant Governor,  Attorney General, Controller, Insurance Commissioner, Secretary of State, Superintendent of Public Instruction, Treasurer, member of the State Board of Equalization, and Member of the Legislature. Third-- That Section 5 of Article V thereof is amended to read: SEC. 5. (a) Unless the law otherwise provides, the Governor may fill a vacancy in office by appointment until a successor qualifies. (b) Whenever there is a vacancy in the office of the Superintendent of Public Instruction,  the Lieutenant Governor,  Secretary of State, Controller, Treasurer, or Attorney General, or on the State Board of Equalization, the Governor shall nominate a person to fill the vacancy who shall take office upon confirmation by a majority of the membership of the Senate and a majority of the membership of the Assembly and who shall hold office for the balance of the unexpired term. In the event the nominee is neither confirmed nor refused confirmation by both the Senate and the Assembly within 90 days of the submission of the nomination, the nominee shall take office as if he or she had been confirmed by a majority of the Senate and Assembly; provided, that if  such   the 90-day period ends during a recess of the Legislature, the period shall be extended until the sixth day following the day on which the Legislature reconvenes. Fourth-- That Section 9 of Article V thereof is amended to read: SEC. 9.  The Lieutenant Governor shall have the same qualifications as the Governor.  The  Lieutenant Governor   Secretary of State  is President of the Senate but has only a casting vote. Fifth-- That Section 10 of Article V thereof is amended to read: SEC. 10. The  Lieutenant Governor   Secretary of State  shall become Governor when a vacancy occurs in the office of Governor. The  Lieutenant Governor   Secretary of State  shall act as Governor during the impeachment, absence from the State, or other temporary disability of the Governor or of a Governor-elect who fails to take office. The Legislature shall provide an order of precedence after the  Lieutenant Governor   Secretary of State  for succession to the office of Governor and for the temporary exercise of the Governor's functions. The Supreme Court has exclusive jurisdiction to determine all questions arising under this section. Standing to raise questions of vacancy or temporary disability is vested exclusively in a body provided by statute. Sixth-- That Section 11 of Article V thereof is amended to read: SEC. 11. The  Lieutenant Governor,  Attorney General, Controller, Secretary of State, and Treasurer shall be elected at the same time and places and for the same term as the Governor. No  Lieutenant Governor,  Attorney General, Controller, Secretary of State, or Treasurer may serve in the same office for more than 2 terms. Seventh-- That Section 4 of Article VII thereof is amended to read: SEC. 4. The following are exempt from civil service: (a) Officers and employees appointed or employed by the Legislature, either house, or legislative committees. (b) Officers and employees appointed or employed by councils, commissions or public corporations in the judicial branch or by a court of record or officer thereof. (c) Officers elected by the people and a deputy and an employee selected by each elected officer. (d) Members of boards and commissions. (e) A deputy or employee selected by each board or commission either appointed by the Governor or authorized by statute. (f) State officers directly appointed by the Governor with or without the consent or confirmation of the Senate and the employees of the Governor's office  , and the employees of the Lieutenant Governor's office directly appointed or employed by the Lieutenant Governor  . (g) A deputy or employee selected by each officer, except members of boards and commissions, exempted under Section 4(f). (h) Officers and employees of the University of California and the California State Colleges. (i) The teaching staff of schools under the jurisdiction of the Department of Education or the Superintendent of Public Instruction. (j) Member, inmate, and patient help in state homes, charitable or correctional institutions, and state facilities for mentally ill or retarded persons. (k) Members of the militia while engaged in military service. (  l  ) Officers and employees of district agricultural associations employed less than 6 months in a calendar year. (m) In addition to positions exempted by other provisions of this section, the Attorney General may appoint or employ six deputies or employees, the Public Utilities Commission may appoint or employ one deputy or employee, and the Legislative Counsel may appoint or employ two deputies or employees. Eighth-- That Section 9 of Article IX thereof is amended to read: SEC. 9. (a) The University of California shall constitute a public trust, to be administered by the existing corporation known as "The Regents of the University of California," with full powers of organization and government, subject only to such legislative control as may be necessary to insure the security of its funds and compliance with the terms of the endowments of the university and such competitive bidding procedures as may be made applicable to the university by statute for the letting of construction contracts, sales of real property, and purchasing of materials, goods, and services.  Said   The  corporation shall be  ,  in form  ,  a board composed of seven ex officio members,  which   who  shall be: the Governor,  the Lieutenant Governor,   the Secretary of State,  the Speaker of the Assembly, the Superintendent of Public Instruction, the president and the vice president of the alumni association of the university  and   ,  the acting president of the university, and 18 appointive members appointed by the Governor and approved by the Senate, a majority of the membership concurring; provided, however  ,  that the present appointive members shall hold office until the expiration of their present terms. (b) The terms of the members appointed prior to November 5, 1974, shall be 16 years; the terms of two appointive members to expire as heretofore on March 1st of every even-numbered calendar year, and two members shall be appointed for terms commencing on March 1, 1976, and on March 1 of each year thereafter; provided that  no such   none of the  appointments shall be made for terms to commence on March 1, 1979, or on March 1 of each fourth year thereafter, to the end that no appointment to the  regents   Regents  for a newly commencing term shall be made during the first year of any gubernatorial term of office. The terms of the members appointed for terms commencing on and after March 1, 1976, shall be 12 years. During the period of transition until the time when the appointive membership is comprised exclusively of persons serving for terms of 12 years, the total number of appointive members may exceed the numbers specified in the  preceeding  preceding  paragraph. In case of any vacancy, the term of office of the appointee to fill  such   the  vacancy, who shall be appointed by the Governor and approved by the Senate, a majority of the membership concurring, shall be for the balance of the term for which  such   the  vacancy exists. (c) The members of the board may, in their discretion, following procedures established by them and after consultation with representatives of faculty and students of the university, including appropriate officers of the academic senate and student governments, appoint to the board either or both of the following persons as members with all rights of participation: a member of the faculty at a campus of the university or of another institution of higher education; a person enrolled as a student at a campus of the university for each regular academic term during his  or her  service as a member of the board. Any person so appointed shall serve for not less than one year commencing on July 1. (d) Regents shall be able persons broadly reflective of the economic, cultural, and social diversity of the State, including ethnic minorities and women. However, it is not intended that formulas or specific ratios be applied in the selection of  regents   Regents  . (e) In the selection of the Regents, the Governor shall consult an advisory committee composed as follows: The Speaker of the Assembly and two public members appointed by the Speaker, the President  Pro   pro  Tempore of the Senate and two public members appointed by the Rules Committee of the Senate, two public members appointed by the Governor, the  chairman   chairperson  of the  regents   Regents  of the university, an alumnus of the university chosen by the alumni association of the university, a student of the university chosen by the Council of Student Body Presidents, and a member of the faculty of the university chosen by the academic senate of the university. Public members shall serve for four years, except that one each of the initially appointed members selected by the Speaker of the Assembly, the President  Pro   pro  Tempore of the Senate, and the Governor shall be appointed to serve for two years; student, alumni, and faculty members shall serve for one year and may not be  regents   Regents  of the university at the time of their service on the advisory committee. (f) The Regents of the University of California shall be vested with the legal title and the management and disposition of the property of the university and of property held for its benefit and shall have the power to take and hold, either by purchase or by donation, or gift, testamentary or otherwise, or in any other manner, without restriction, all real and personal property for the benefit of the university or incidentally to its conduct; provided, however, that sales of university real property shall be subject to such competitive bidding procedures as may be provided by statute.  Said   The  corporation shall also have all the powers necessary or convenient for the effective administration of its trust, including the power to sue and to be sued, to use a seal, and to delegate to its committees or to the faculty of the university, or to others,  such   the authority or functions as it may deem wise. The Regents shall receive all funds derived from the sale of lands pursuant to the act of Congress of July 2, 1862, and any subsequent acts amendatory thereof. The university shall be entirely independent of all political or sectarian influence and kept free therefrom in the appointment of its  regents   Regents  and in the administration of its affairs, and no person shall be debarred admission to any department of the university on account of race, religion, ethnic heritage, or sex. (g) Meetings of the Regents of the University of California shall be public, with exceptions and notice requirements as may be provided by statute.