California Assembly Bill ACAX42 Latest Draft

 BILL NUMBER: ACAX4 2INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Jeffries JULY 16, 2009 A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 9 of Article II thereof, and by amending Sections 3, 4, 10, and 11 of Article IV thereof, relating to the Legislature. LEGISLATIVE COUNSEL'S DIGEST ACA 2, as introduced, Jeffries. Part-time Legislature. Existing provisions of the California Constitution provide that the Legislature meets in a biennial regular session, commencing with the first Monday in December in an even-numbered year, when each house is required to immediately organize, and concluding at midnight on November 30 of the next even-numbered year. This measure would provide that the meeting on the first Monday in December in an even-numbered year shall be for the sole purpose of organizing, and that the Legislature shall otherwise convene in regular session each year only between the first business day in March and June 30. This measure would permit the Legislature to meet in regular session after June 30 of any calendar year only for a period of up to 15 days to reconsider bills vetoed by the Governor. Existing provisions of the California Constitution prevent a member from receiving travel and living expenses during the times that the Legislature is in recess for more than 3 calendar days, but exempts from that prohibition travel to or from, and attendance at, any meeting of a committee of which he or she is a member, or a meeting, conference, or other legislative function or responsibility as authorized by the rules of the house of which he or she is a member, which is held at a location at least 20 miles from his or her place of residence. This measure would eliminate these exemptions, and, except for members of the committees on rules of each house or a joint committee on rules when meeting in Sacramento on issues relating to the operations of the Legislature would permit a Member of the Legislature to receive these expenses only for limited periods of legislative sessions. It would prohibit the payment of living expenses, or related travel expenses, for a Member attending a legislative session or committee meeting less than 20 miles from the Member's place of residence. Existing provisions of the California Constitution provide that any bill passed by the Legislature before September 1 of the 2nd calendar year of the biennium of the legislative session and in the possession of the Governor on or after September 1 that is not returned on or before September 30 of that year becomes a statute. This measure would instead provide that any bill passed by the Legislature before July 1 of the 2nd calendar year of the biennium of the legislative session and in the possession of the Governor on or after July 1 that is not returned on or before July 30 of that year becomes a statute. Existing constitutional provisions provide that a bill introduced during the first year of the biennium of the legislative session that has not been passed by the house of origin by January 31 of the 2nd calendar year of the biennium may no longer be acted on by the house. This measure would change the date by which a bill would have to be passed by the house of origin in the 2nd calendar year of the biennium to March 31. Existing constitutional provisions authorize the selection of legislative committees, as specified. This measure would permit committees of the Legislature, except rules committees, to convene or hold hearings only on days that the Legislature is not in recess. This measure provides that it would become effective as of the first day of the biennial session of the Legislature next commencing following the date on which this measure is approved by the voters. 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 Fourth Extraordinary Session commencing on the second day of July 2009, 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 9 of Article II thereof is amended to read: SEC. 9. (a) The referendum is the power of the electors to approve or reject statutes or parts of statutes except urgency statutes, statutes calling elections, and statutes providing for tax levies or appropriations for usual current expenses of the State. (b) A referendum measure may be proposed by presenting to the Secretary of State, within 90 days after the enactment date of the statute, a petition certified to have been signed by electors equal in number to 5 percent of the votes for all candidates for Governor at the last gubernatorial election, asking that the statute or part of it be submitted to the electors.  In the case of a statute enacted by a bill passed by the Legislature on or before the date the Legislature adjourns for a joint recess to reconvene in the second calendar year of the biennium of the legislative session, and in the possession of the Governor after that date, the petition may not be presented on or after January 1 next following the enactment date unless a copy of the petition is submitted to the Attorney General pursuant to subdivision (d) of Section 10 of Article II before January 1.  (c) The Secretary of State shall then submit the measure at the next general election held at least 31 days after it qualifies or at a special statewide election held prior to that general election. The Governor may call a special statewide election for the measure. Second-- That Section 3 of Article IV thereof is amended to read: SEC. 3. (a) The Legislature shall convene in regular session at noon on the first Monday in December of each even-numbered year  for the sole purpose of organizing  and each house shall immediately organize. Each  regular  session of the Legislature shall adjourn sine die by operation of the Constitution at midnight on  November   June  30 of the following even-numbered year. (b)  After the Legislature has organized, it shall reconvene in regular session on the first busines   s day in March each year, and shall not meet in regular session after June 30 of any calendar year except for a single period after that date of up to 15 days to reconsider bills vetoed by the Governor pursuant to Section 10.   (c)    On extraordinary occasions the Governor by proclamation may cause the Legislature to assemble in special session. When so assembled it has power to legislate only on subjects specified in the proclamation but may provide for expenses and other matters incidental to the session. Third-- That Section 4 of Article IV thereof is amended to read: SEC. 4. (a) To eliminate any appearance of a conflict with the proper discharge of his or her duties and responsibilities, no Member of the Legislature may knowingly receive any salary, wages, commissions, or other similar earned income from a lobbyist or lobbying firm, as defined by the Political Reform Act of 1974, or from a person who, during the previous 12 months, has been under a contract with the Legislature. The Legislature shall enact laws that define earned income. However, earned income does not include any community property interest in the income of a spouse. Any Member who knowingly receives any salary, wages, commissions, or other similar earned income from a lobbyist employer, as defined by the Political Reform Act of 1974, may not, for a period of one year following its receipt, 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 the lobbyist employer 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. (b) Travel and living expenses for Members of the Legislature in connection with their official duties shall be prescribed by statute passed by rollcall vote entered in the journal, two-thirds of the membership of each house concurring.  A Member may not receive travel and living expenses during the times that the Legislature is in recess for more than three calendar days, unless the Member is traveling to or from, or is in attendance at, any meeting of a committee of which he or she is a member, or a meeting, conference, or other legislative function or responsibility as authorized by the rules of the house of which he or she is a member, which is held at a location at least   A Member of the Legislature may receive living expenses, and related travel expenses, only for the following:   (1)     Days spent attending the regular session.   (2)     Up to 15 days spent attending a legislative session to reconsider one or more bills vetoed by the Governor.   (3)     Up to 15 days spent attending a special session of the Legislature.   (4) For members of the Committee on Rules of either house, or of the Joint Committee on Rules, days spent meeting in Sacramento on issues relating to the operations of that house or, in the case of the joint committee, of both houses.   No travel or living expenses shall be provided to a Member attending a legislative session or committee meeting held at a location less than  20 miles from  his or her   the Member's  place of residence. (c) The Legislature may not provide retirement benefits based on any portion of a monthly salary in excess of five hundred dollars ($500) paid to any Member of the Legislature unless the Member receives the greater amount while serving as a Member in the Legislature. The Legislature may, prior to their retirement, limit the retirement benefits payable to Members of the Legislature who serve during or after the term commencing in 1967. When computing the retirement allowance of a Member who serves in the Legislature during the term commencing in 1967 or later, allowance may be made for increases in cost of living if so provided by statute, but only with respect to increases in the cost of living occurring after retirement of the Member. However, the Legislature may provide that no Member shall be deprived of a cost of living adjustment based on a monthly salary of five hundred dollars ($500) which has accrued prior to the commencement of the 1967 Regular Session of the Legislature. Fourth-- That Section 10 of Article IV thereof is amended to read: SEC. 10. (a) Each bill passed by the Legislature shall be presented to the Governor. It becomes a statute if it is signed by the Governor. The Governor may veto it by returning it with any objections to the house of origin, which shall enter the objections in the journal and proceed to reconsider it. If each house then passes the bill by rollcall vote entered in the journal, two-thirds of the membership concurring, it becomes a statute. (b) (1) Any bill, other than a bill which would establish or change boundaries of any legislative, congressional, or other election district, passed by the Legislature on or before the date the Legislature adjourns for a joint recess to reconvene in the second calendar year of the biennium of the legislative session, and in the possession of the Governor after that date, that is not returned within 30 days after that date becomes a statute. (2) Any bill passed by the Legislature before  September   July  1 of the second calendar year of the biennium of the legislative session and in the possession of the Governor on or after  September   July  1 that is not returned on or before  September   July  30 of that year becomes a statute. (3) Any other bill presented to the Governor that is not returned within 12 days becomes a statute. (4) If the Legislature by adjournment of a special session prevents the return of a bill with the veto message, the bill becomes a statute unless the Governor vetoes the bill within 12 days after it is presented by depositing it and the veto message in the office of the Secretary of State. (5) If the 12th day of the period within which the Governor is required to perform an act pursuant to paragraph (3) or (4)  of this subdivision  is a Saturday, Sunday, or holiday, the period is extended to the next day that is not a Saturday, Sunday, or holiday. (c) Any bill introduced during the first year of the biennium of the legislative session that has not been passed by the house of origin by  January   March  31 of the second calendar year of the biennium may no longer be acted on by the house.  No bill may be passed by either house on or after September 1 of an even-numbered year except statutes calling elections, statutes providing for tax levies or appropriations for the usual current expenses of the State, and urgency statutes, and bills passed after being vetoed by the Governor.  (d)  The Legislature may not present any bill to the Governor after November 15 of the second calendar year of the biennium of the legislative session.   (e)    The Governor may reduce or eliminate one or more items of appropriation while approving other portions of a bill. The Governor shall append to the bill a statement of the items reduced or eliminated with the reasons for the action. The Governor shall transmit to the house originating the bill a copy of the statement and reasons. Items reduced or eliminated shall be separately reconsidered and may be passed over the Governor' s veto in the same manner as bills.  (f)   (e)    (1) If, following the enactment of the budget bill for the 2004-05 fiscal year or any subsequent fiscal year, the Governor determines that, for that fiscal year, General Fund revenues will decline substantially below the estimate of General Fund revenues upon which the budget bill for that fiscal year, as enacted, was based, or General Fund expenditures will increase substantially above that estimate of General Fund revenues, or both, the Governor may issue a proclamation declaring a fiscal emergency and shall thereupon cause the Legislature to assemble in special session for this purpose. The proclamation shall identify the nature of the fiscal emergency and shall be submitted by the Governor to the Legislature, accompanied by proposed legislation to address the fiscal emergency. (2) If the Legislature fails to pass and send to the Governor a bill or bills to address the fiscal emergency by the 45th day following the issuance of the proclamation, the Legislature may not act on any other bill, nor may the Legislature adjourn for a joint recess, until that bill or those bills have been passed and sent to the Governor. (3) A bill addressing the fiscal emergency declared pursuant to this section shall contain a statement to that effect. Fifth-- That Section 11 of Article IV thereof is amended to read: SEC. 11.  (a)    The Legislature or either house may by resolution provide for the selection of committees necessary for the conduct of its business, including committees to ascertain facts and make recommendations to the Legislature on a subject within the scope of legislative control.  (b)     A committee of either house of the Legislature may convene hearings, and those hearings may be held, only on days for which that house of the Legislature is not in recess, and a joint committee may convene hearings, and those hearings may be held, only if   neither house is in recess. Notwithstanding that restriction, the committee on rules of either house, or a joint committee on rules, may meet on any day on issues relating to the operations of that house or, in the case of the joint committee, of both houses.  Sixth-- That the amendments set forth in this measure shall become operative as of the first day of the biennial session of the Legislature next commencing following the date on which this measure is approved by the voters.