California Senate Bill SCA24 Latest Draft

 BILL NUMBER: SCA 24INTRODUCED BILL TEXT INTRODUCED BY Senators Hancock, Ashburn, and Lowenthal JULY 23, 2009 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, and adding Section 2.5 to, Article IV thereof, and by amending Section 7 of Article XX thereof, relating to the Legislature. LEGISLATIVE COUNSEL'S DIGEST SCA 24, as introduced, Hancock. Legislature: term limits. Existing provisions of the California Constitution prohibit a Senator from serving more than 2 terms of 4 years each and a Member of the Assembly from serving more than 3 terms of 2 years each. This measure would instead prohibit a person who is first elected as a Member of the Legislature on or after November 2, 2010, from serving, during his or her lifetime, more than 12 years in the Senate, the Assembly, or both, in any combination. Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated local program: no. Resolved by the Senate, the Assembly 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 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.  No   A  Senator  may   shall not  serve more than  2   two  terms.  (2)    The Assembly has a membership of 80  members   Members  elected for  2-year   two-year  terms.  No member   A Member  of the Assembly  may   shall not  serve more than  3   three  terms.  Their terms   (3)     The term of a Senator or Member of the Assembly  shall commence on the first Monday in December next following  their   his or her  election. (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. (d) When a vacancy occurs in the Legislature the Governor immediately shall call an election to fill the vacancy.  (e) This section does not apply to a person who is first elected to the Legislature on or after November 2, 2010.  Second-- That Section 2.5 is added to Article IV thereof, to read: SEC. 2.5. (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 his or her election. (4) During his or her lifetime a person may serve not more than 12 years in the Senate, the Assembly, or both, in any combination. For purposes of this section, a person who serves in the Senate or Assembly from the first Monday in December of one year to the first Monday in December of the following year shall be deemed to have thereby served one year. (b) Members of the Assembly shall be elected 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 both of the following conditions are met: (1) 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 the election. (2) Service of the full term of office to which the person is elected would not cause that person to exceed the limitation on years of service set forth in paragraph (4) of subdivision (a) of this section and Section 7 of Article XX. (d) When a vacancy occurs in the Legislature the Governor immediately shall call an election to fill the vacancy. (e) This section applies only to a person who is first elected to the Legislature on or after November 2, 2010. Third-- That Section 7 of Article XX thereof is amended to read: SEC. 7. The limitations on the number of terms  or years of service, as applicable,  prescribed by  Section   Sections  2  and 2.5  of Article IV, Sections 2 and 11 of Article V, Section 2 of Article IX, and Section 17 of Article XIII apply only to terms to which persons are elected or appointed on or after November 6, 1990, except that an incumbent Senator whose office is not on the ballot for the general election on that date may serve only one additional term. Those limitations  on terms or years of serv   ice  shall not apply to any unexpired term to which a person is elected or appointed if the remainder of the term is less than half of the full term.