Bill Text: CA ACA36 | 2009-2010 | Regular Session | Introduced
Bill Title: Legislature: committees: bills.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-22 - Read first time. [ACA36 Detail]
Download: California-2009-ACA36-Introduced.html
BILL NUMBER: ACA 36 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Fuller
FEBRUARY 19, 2010
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 8
of Article IV thereof, relating to the Legislature.
LEGISLATIVE COUNSEL'S DIGEST
ACA 36, as introduced, Fuller. Legislature: committees: bills.
The California Constitution prohibits a bill other than the
Budget Bill from being heard or acted upon by a committee or either
house of the Legislature until the 31st day after the bill is
introduced, unless the house dispenses of this requirement by a 3/4
vote.
This measure would also prohibit a committee of the Legislature
from hearing or voting upon a bill in regular session unless the bill
has been printed and distributed to the members at least 48 hours in
advance, or, in a special session, has been printed and distributed
to the members at least 24 hours in advance. The measure would permit
these requirements to be dispensed with by the house by a 2/3 vote.
The measure would also define "printed and distributed" to include
electronic publication and distribution.
Vote: 2/3. Appropriation: no. Fiscal committee: no. 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:
That Section 8 of Article IV thereof is amended to read:
SEC. 8. (a) (1) At regular sessions no
bill other than the budget bill may be heard or acted on by a
committee or either house until the 31st day after the bill is
introduced unless the house dispenses with this requirement by
rollcall vote entered in the journal, three fourths
three-fourths of the membership concurring.
(2) In a regular session no bill shall be heard or voted upon by a
committee unless the bill has been printed and distributed to the
members at least 48 hours in advance. In a special session no bill
shall be heard or voted on by a committee unless the bill has been
printed and distributed to the members at least 24 hours in advance.
These requirements may be dispensed with by the house by rollcall
vote entered in the journal, two-thirds of the membership concurring.
For purposes of this section, "printed and distributed" includes
electronic publication and distribution.
(b) The Legislature may make no law except by statute and may
enact no statute except by bill. No bill may be passed unless it is
read by title on 3 three days in each
house , except that the house may dispense with this
requirement by rollcall vote entered in the journal, two
thirds two-thirds of the membership concurring.
No bill may be passed until the bill with amendments has been printed
and distributed to the members. No bill may be passed unless, by
rollcall vote entered in the journal, a majority of the membership of
each house concurs.
(c) (1) Except as provided in paragraphs (2) and (3) of
this subdivision , a statute enacted at a regular session
shall go into effect on January 1 next following a 90-day period from
the date of enactment of the statute and a statute enacted at a
special session shall go into effect on the 91st day after
adjournment of the special session at which the bill was passed.
(2) A statute, other than a statute establishing or changing
boundaries of any legislative, congressional, or other election
district, 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, shall go into
effect on January 1 next following the enactment date of the statute
unless, before January 1, a copy of a referendum petition affecting
the statute is submitted to the Attorney General pursuant to
subdivision (d) of Section 10 of Article II, in which event the
statute shall go into effect on the 91st day after the enactment date
unless the petition has been presented to the Secretary of State
pursuant to subdivision (b) of Section 9 of Article II.
(3) Statutes calling elections, statutes providing for tax levies
or appropriations for the usual current expenses of the State, and
urgency statutes shall go into effect immediately upon their
enactment.
(d) Urgency statutes are those necessary for immediate
preservation of the public peace, health, or safety. A statement of
facts constituting the necessity shall be set forth in one section of
the bill. In each house the section and the bill shall be passed
separately, each by rollcall vote entered in the journal,
two thirds two-thirds of the membership
concurring. An urgency statute may not create or abolish any office
or change the salary, term, or duties of any office, or grant any
franchise or special privilege, or create any vested right or
interest.
