ACA 28 — 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, by amending Section 8 of Article III thereof, by amending Sections 3, 4, 7.5, 8, 10, 11, and 12 of Article IV thereof, by amending Sections 1, 2, 3, 6, 8, and 10.5 of, and adding Section 14 to, Article XIIIB thereof, by amending Sections 8, 8.5, and 20 of Article XVI thereof, by amending Section 2 of Article XIXB thereof, and by amending Section 4 of Article XXXV thereof, relating to the Legislature.

Summary

(1) The California Constitution establishes a full-time Legislature. The Constitution authorizes the California Citizens Compensation Commission to determine the annual salary and the medical, dental, insurance, and other similar benefits of state officers, including Members of the Legislature. This measure would instead provide for a part-time Legislature and set the annual salary for Members of the Legislature at $24,000, to be adjusted thereafter by the commission consistent with the Consumer Price Index. (2) The California Constitution requires the Legislature to convene on the first Monday of December of each even-numbered year and adjourn on November 30 of the following even-numbered year. This measure would set specific time periods in which the Legislature must complete its work. The bill would require the Legislature to organize and swear in its Members on the first Monday of December of each even-numbered year and reconvene not later than January 7 for a duration of not more than 120 consecutive calendar days in odd-numbered years, and not more than 60 consecutive calendar days in even-numbered years. The measure would require that any legislation introduced in an odd-numbered year be passed within the 120-day period and any legislation introduced in an even-numbered year be passed within the 60-day period. The measure would allow the Legislature to convene for an additional 7 consecutive calendar days for the sole purpose of considering bills vetoed by the Governor, and items of appropriation reduced or eliminated by the Governor. The measure would make other conforming changes. (3) The California Constitution authorizes the Governor, by proclamation, to cause the Legislature to assemble in special session and prohibits the Legislature from legislating on subjects not specified in the proclamation when so assembled. This measure would limit a special session to 30 days in duration and make other related changes. (4) The California Constitution authorizes the Governor, following the enactment of the Budget Bill, to issue a proclamation declaring a fiscal emergency if the Governor determines that General Fund revenues will decline substantially below, or that General Fund expenditures will increase substantially above, the estimate of General Fund revenues upon which the Budget Bill, as enacted, was based. The California Constitution provides that 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 until that bill or those bills addressing the fiscal emergency have been passed and sent to the Governor. This measure would specify that the prohibited actions include acting upon or taking any action on any other bill, including casting a vote on any other bill in either a policy or fiscal committee, or on the floor of the Assembly or Senate. (5) The California Constitution requires the Governor to submit to the Legislature a budget for the ensuing fiscal year within the first 10 days of each calendar year and requires the Legislature to pass the Budget Bill by midnight on June 15 of each year. This measure would instead require the Governor to submit a biennial budget within the first 7 days of each odd-numbered year and require the Legislature to pass the Budget Bill within 120 days, as specified, and would make conforming changes to other provisions of the California Constitution relating to the biennial budget. This measure would authorize the Governor to propose changes to an enacted biennial state budget when the Legislature is not in session, which changes would become law upon approval by resolution adopted by the Joint Legislative Budget Committee. (6) The California Constitution requires that travel and living expenses for Members of the Legislature in connection with their official duties be prescribed by statute passed by rollcall vote, 23 of the membership of each house concurring. This measure would limit these expenses in amount to the per diem rates established by the United States General Services Administration for federal employees. (7) The California Constitution provides that the aggregate expenditures for the compensation of Members and employees of, and the operating expenses and equipment for, the Legislature may not exceed a specified amount. This measure would additionally require that the annual budget amounts for a Member of either house be equal to that of other Members of the same house. (8) The California Constitution provides that no bill may be passed until the bill with amendments has been printed and distributed to the Members. This measure would instead require that each bill with amendments be distributed to the Members at least 72 hours prior to passage. (9) The California Constitution provides that the Legislature or either house may by resolution provide for the selection of committees necessary for the conduct of its business. This measure would require that every political party represented in a house of the Legislature be, to the greatest extent possible, proportionately represented in each legislative committee of that house. The measure would additionally specify membership requirements for the Joint Legislative Budget Committee.

Bill Text

Action History

1. August 13, 2012

   Joint Rule 62(a), file notice suspended. (Page 5866.)

2. July 02, 2012

   Referred to Coms. on BUDGET and RLS.

3. May 11, 2012

   From printer. May be heard in committee June 10.

4. May 10, 2012

   Read first time. To print.

Sponsors

• Jones · Cosponsor
• Donnelly · Cosponsor
• Garrick · Primary
• Shannon Grove · Cosponsor
• Halderman · Cosponsor
• Mansoor · Cosponsor
• Miller · Cosponsor
• Silva · Cosponsor
• Beth Gaines · Cosponsor

Subjects