Bill Text: CA ACA9 | 2015-2016 | Regular Session | Amended
Bill Title: Legislature: legislative vacancies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [ACA9 Detail]
Download: California-2015-ACA9-Amended.html
BILL NUMBER: ACA 9 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2016
INTRODUCED BY Assembly Member Gomez
FEBRUARY 19, 2016
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Sections 2
and 5 of Article IV thereof, relating to the Legislature.
LEGISLATIVE COUNSEL'S DIGEST
ACA 9, as amended, Gomez. Legislature: legislative vacancies.
The California Constitution, when a vacancy occurs in the
Legislature, requires the Governor to immediately call an election to
fill the vacancy.
This measure would instead require the Governor to fill a vacancy
in either house of the Legislature by making an appointment within 60
days of the date of the vacancy from a list of 3 names selected by
certain entities. The persons nominated by the entities would be
required to have, at the time nominated and during the 12-month
period immediately preceding, the same political party preference as
the vacating Member had when he or she was last elected to the
Legislature.
This measure would further require a person who vacates his or
her position to payback the salary and travel and living expenses he
or she received during the incomplete term of office, unless the
Member vacated the seat for personal medical reasons.
The California Constitution requires the Legislature to enact laws
prohibiting a Member of the Legislature from lobbying, for
compensation, as governed by the Political Reform Act of 1974, before
the Legislature for 12 months after leaving office.
This measure would, in addition, prohibit a Member of the
Legislature who vacates his or her seat prior to
before the expiration of the term of office for other than
personal medical reasons from being permitted to lobby, for
compensation lobbying, for compensation, before
the Legislature until 12 months have passed from the date his or her
term of office would have expired.
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 2015-16 Regular Session
commencing on the first day of December 2014, 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-- The Legislature finds and declares that Members of the
Legislature are expected to fulfill the full term of office to which
they have been elected.
Second-- 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 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 her or his
election.
(4) During her or his lifetime, a person may serve no more than 12
years in the Senate, the Assembly, or both, in any combination of
terms. This paragraph shall apply only to those Members of the Senate
or the Assembly who are first elected to the Legislature after June
5, 2012, and who have not previously served in the Senate or
Assembly. Members of the Senate or Assembly who were elected on or
before June 5, 2012, may serve only the number of terms allowed at
the time of the last election before June 5, 2012.
(b) Election of 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 of the Assembly.
(c) A person is ineligible to be a 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 three years, immediately preceding
his or her election or appointment, and service of the full term of
office to which the person is seeking to be elected, or is to be
appointed, would not exceed the maximum years of service permitted by
paragraph (4) of subdivision (a).
(d) (1) If a vacancy occurs in either house of the Legislature,
each of the following shall, within 30 days of the vacancy, provide
the Governor one name of a person nominated for appointment to the
vacancy:
(A) In the house in which the vacancy occurs, the legislative
caucus of the same political party preference the vacating Member had
at the time he or she was last elected to the Legislature. The
legislative caucus shall agree by a majority vote on the name of the
person to submit to the Governor for consideration.
(B) The delegates to the state convention of the same political
party preference the vacating Member had at the time he or she was
last elected to the Legislature who reside in the vacating Member's
district boundaries. The delegates shall agree by a majority vote on
the name of the person to submit to the Governor for consideration.
(C) The county board of supervisors of the county or counties in
which the vacating Member's district is located. The county board of
supervisors or boards of supervisors jointly, as applicable, shall
adopt a resolution setting forth the name of the person to submit to
the Governor for consideration.
(2) The persons nominated pursuant to paragraph (1) shall have, at
the time they are nominated and during the 12-month period
immediately preceding, the same political party preference as the
vacating Member had at the time he or she was last elected to the
Legislature.
(3) Within 60 days of a vacancy in the Legislature, the Governor
shall fill the vacancy by appointing one of the persons nominated
pursuant to paragraph (1).
(4) Unless a Member of the Legislature vacates his or her seat for
personal medical reasons, the vacating Member shall reimburse the
State for the full amount of the salary and travel and living
expenses he or she received during the term of office for which he or
she was last elected to the Legislature.
(5)
(4) The Legislature shall enact laws implementing this
subdivision.
Third-- That Section 5 of Article IV thereof is amended to read:
SEC. 5. (a) Each house shall judge the qualifications and
elections of its Members and, by rollcall vote entered in the
journal, two-thirds of the membership concurring, may expel a Member.
(b) No Member of the Legislature may accept any honorarium. The
Legislature shall enact laws that implement this subdivision.
(c) The Legislature shall enact laws that ban or strictly limit
the acceptance of a gift by a Member of the Legislature from any
source if the acceptance of the gift might create a conflict of
interest.
(d) No Member of the Legislature may knowingly accept any
compensation for appearing, agreeing to appear, or taking any other
action on behalf of another person before any state government board
or agency. If a Member knowingly accepts any compensation for
appearing, agreeing to appear, or taking any other action on behalf
of another person before any local government board or agency, the
Member may not, for a period of one year following the acceptance of
the compensation, 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 that person 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. However, a
Member may engage in activities involving a board or agency which are
strictly on his or her own behalf, appear in the capacity of an
attorney before any court or the Workers' Compensation Appeals Board,
or act as an advocate without compensation or make an inquiry for
information on behalf of a person before a board or agency. This
subdivision does not prohibit any action of a partnership or firm of
which the Member is a member if the Member does not share directly or
indirectly in the fee, less any expenses attributable to that fee,
resulting from that action.
(e) The Legislature shall enact laws that prohibit a Member of the
Legislature whose term of office commences on or after December 3,
1990, from lobbying, for compensation, as governed by the Political
Reform Act of 1974, before the Legislature for 12 months after
leaving office, provided that a Member who has vacated his or her
seat prior to before the expiration of
his or her term of office for other than personal medical reasons
shall not be permitted to lobby be prohibited
from lobbying before the Legislature for compensation until 12
months have passed from the date his or her term of office was
scheduled to expire.
(f) The Legislature shall enact new laws, and strengthen the
enforcement of existing laws, prohibiting Members of the Legislature
from engaging in activities or having interests which conflict with
the proper discharge of their duties and responsibilities. However,
the people reserve to themselves the power to implement this
requirement pursuant to Article II.
