BILL NUMBER: ACA 30 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jeffries
JANUARY 20, 2010
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 17
of Article II thereof, by amending Section 8 of Article III thereof,
by amending Sections 5, 9, 10, and 11 of Article V thereof, by
amending Section 4 of Article VII thereof, and by amending Section 9
of Article IX thereof, relating to the Lieutenant Governor.
LEGISLATIVE COUNSEL'S DIGEST
ACA 30, as introduced, Jeffries. Lieutenant Governor.
The California Constitution creates the office of Lieutenant
Governor and establishes qualifications for the office and the method
of its election. The California Constitution requires the Lieutenant
Governor to become Governor when a vacancy occurs in the office of
Governor, and to act as Governor during the impeachment, absence from
the state, or other temporary disability of the Governor or of a
Governor-elect who fails to take office. It further requires the
Legislature to provide for an order of precedence after the
Lieutenant Governor for succession to the office of Governor. The
California Constitution provides that the Lieutenant Governor is the
President of the Senate, but votes as part of that body only for the
purpose of breaking a tie. The California Constitution authorizes the
people to recall a public official and provides for a recall
process, which may include requiring the Governor to call an
election, and requires, when a recall of the Governor is initiated,
that the Lieutenant Governor perform the recall duties of the
Governor. The California Constitution exempts the Lieutenant
Governor, and employees directly appointed or employed by him or her,
from the civil service, and requires that his or her compensation be
set by the California Citizens Compensation Commission. The
California Constitution establishes the University of California as a
public trust to be administered by the Regents of the University of
California, the membership of which includes the Lieutenant Governor.
Existing statutes also establish various boards and commissions of
which the Lieutenant Governor is a member.
This measure would eliminate the position of Lieutenant Governor
and transfer the specified duties of the Lieutenant Governor to the
Secretary of State. Specifically, the measure would provide that the
Secretary of State is the President of the Senate, but votes as part
of that body only for the purpose of breaking a tie, and would
require the Secretary of State to become Governor when a vacancy
occurs in the office of Governor, and to act as Governor during the
impeachment, absence from the state, or other temporary disability of
the Governor or of a Governor-elect who fails to take office. The
measure would also require the Secretary of State to perform the
recall duties assigned to the Governor, if a recall of the Governor
is initiated. The measure would additionally make the Secretary of
State an ex officio member of the Regents of the University of
California.
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 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 17 of Article II thereof is amended to read:
SEC. 17. If recall of the Governor or Secretary of State is
initiated, the recall duties of that office shall be performed by the
Lieutenant Governor Secretary of State
or Controller, respectively.
Second-- That Section 8 of Article III thereof is amended to read:
SEC. 8. (a) The California Citizens Compensation Commission is
hereby created and shall consist of seven members appointed by the
Governor. The commission shall establish the annual salary and the
medical, dental, insurance, and other similar benefits of state
officers.
(b) The commission shall consist of the following persons:
(1) Three public members, one of whom has expertise in the area of
compensation, such as an economist, market researcher, or personnel
manager; one of whom is a member of a nonprofit public interest
organization; and one of whom is representative of the general
population and may include, among others, a retiree, homemaker, or
person of median income. No person appointed pursuant to this
paragraph may, during the 12 months prior to his or her appointment,
have held public office, either elective or appointive, have been a
candidate for elective public office, or have been a lobbyist, as
defined by the Political Reform Act of 1974 , or a successor
statute .
(2) Two members who have experience in the business community, one
of whom is an executive of a corporation incorporated in this State
which that ranks among the largest
private sector employers in the State based on the number of
employees employed by the corporation in this State , and
one of whom is an owner of a small business in this State.
(3) Two members, each of whom is an officer or member of a labor
organization.
(c) The Governor shall strive insofar as practicable to provide a
balanced representation of the geographic, gender, racial, and ethnic
diversity of the State in appointing commission members.
(d) The Governor shall appoint commission members and designate a
chairperson for the commission not later than 30 days after the
effective date of this section. The terms of two of the initial
appointees shall expire on December 31, 1992, two on December 31,
1994, and three on December 31, 1996, as determined by the Governor.
Thereafter, the term of each member shall be six years. Within 15
days of any vacancy, the Governor shall appoint a person to serve the
unexpired portion of the term.
(e) No current or former officer or employee of this State is
eligible for appointment to the commission.
(f) Public notice shall be given of all meetings of the
commission, and the meetings shall be open to the public.
(g) On or before December 3, 1990, the commission shall, by a
single resolution adopted by a majority of the membership of the
commission, establish the annual salary and the medical, dental,
insurance, and other similar benefits of state officers. The annual
salary and benefits specified in that resolution shall be effective
on and after December 3, 1990.
Thereafter, at or before the end of each fiscal year, the
commission shall, by a resolution adopted by a majority of the
membership of the commission, adjust the medical, dental, insurance,
and other similar benefits of state officers. The benefits specified
in the resolution shall be effective on and after the first Monday of
the next December.
Thereafter, at or before the end of each fiscal year, the
commission shall adjust the annual salary of state officers by a
resolution adopted by a majority of the membership of the commission.
The annual salary specified in the resolution shall be effective on
and after the first Monday of the next December, except that a
resolution shall not be adopted or take effect in any year that
increases the annual salary of any state officer if, on or before the
immediately preceding June 1, the Director of Finance certifies to
the commission, based on estimates for the current fiscal year, that
there will be a negative balance on June 30 of the current fiscal
year in the Special Fund for Economic Uncertainties in an amount
equal to, or greater than, 1 percent of estimated General Fund
revenues.
(h) In establishing or adjusting the annual salary and the
medical, dental, insurance, and other similar benefits, the
commission shall consider all of the following:
(1) The amount of time directly or indirectly related to the
performance of the duties, functions, and services of a state
officer.
(2) The amount of the annual salary and the medical, dental,
insurance, and other similar benefits for other elected and appointed
officers and officials in this State with comparable
responsibilities, the judiciary, and, to the extent practicable, the
private sector, recognizing, however, that state officers do not
receive, and do not expect to receive, compensation at the same
levels as individuals in the private sector with comparable
experience and responsibilities.
(3) The responsibility and scope of authority of the entity in
which the state officer serves.
(4) Whether the Director of Finance estimates that there will be a
negative balance in the Special Fund for Economic Uncertainties in
an amount equal to or greater than 1 percent of estimated General
Fund revenues in the current fiscal year.
(i) Until a resolution establishing or adjusting the annual salary
and the medical, dental, insurance, and other similar benefits for
state officers takes effect, each state officer shall continue to
receive the same annual salary and the medical, dental, insurance,
and other similar benefits received previously.
(j) All commission members shall receive their actual and
necessary expenses, including travel expenses, incurred in the
performance of their duties. Each member shall be compensated at the
same rate as members, other than the chairperson, of the Fair
Political Practices Commission, or its successor, for each day
engaged in official duties, not to exceed 45 days per year.
(k) It is the intent of the Legislature that the creation of the
commission should not generate new state costs for staff and
services. The Department of Personnel Administration, the Board of
Administration of the Public Employees' Retirement System, or other
appropriate agencies, or their successors, shall furnish, from
existing resources, staff and services to the commission as needed
for the performance of its duties.
( l ) "State officer," as used in this section, means
the Governor, Lieutenant Governor, Attorney
General, Controller, Insurance Commissioner, Secretary of State,
Superintendent of Public Instruction, Treasurer, member of the State
Board of Equalization, and Member of the Legislature.
Third-- That Section 5 of Article V thereof is amended to read:
SEC. 5. (a) Unless the law otherwise provides, the Governor
may fill a vacancy in office by appointment until a successor
qualifies.
(b) Whenever there is a vacancy in the office of the
Superintendent of Public Instruction, the Lieutenant
Governor, Secretary of State, Controller, Treasurer, or
Attorney General, or on the State Board of Equalization, the Governor
shall nominate a person to fill the vacancy who shall take office
upon confirmation by a majority of the membership of the Senate and a
majority of the membership of the Assembly and who shall hold office
for the balance of the unexpired term. In the event the nominee is
neither confirmed nor refused confirmation by both the Senate and the
Assembly within 90 days of the submission of the nomination, the
nominee shall take office as if he or she had been confirmed by a
majority of the Senate and Assembly; provided, that if such
the 90-day period ends during a recess of the
Legislature, the period shall be extended until the sixth day
following the day on which the Legislature reconvenes.
Fourth-- That Section 9 of Article V thereof is amended to read:
SEC. 9. The Lieutenant Governor shall have the same
qualifications as the Governor. The Lieutenant
Governor Secretary of State is President of the
Senate but has only a casting vote.
Fifth-- That Section 10 of Article V thereof is amended to read:
SEC. 10. The Lieutenant Governor
Secretary of State shall become Governor when a vacancy occurs
in the office of Governor.
The Lieutenant Governor Secretary of State
shall act as Governor during the impeachment, absence from the
State, or other temporary disability of the Governor or of a
Governor-elect who fails to take office.
The Legislature shall provide an order of precedence after the
Lieutenant Governor Secretary of State
for succession to the office of Governor and for the temporary
exercise of the Governor's functions.
The Supreme Court has exclusive jurisdiction to determine all
questions arising under this section.
Standing to raise questions of vacancy or temporary disability is
vested exclusively in a body provided by statute.
Sixth-- That Section 11 of Article V thereof is amended to read:
SEC. 11. The Lieutenant Governor, Attorney
General, Controller, Secretary of State, and Treasurer shall be
elected at the same time and places and for the same term as the
Governor. No Lieutenant Governor, Attorney
General, Controller, Secretary of State, or Treasurer may serve in
the same office for more than 2 terms.
Seventh-- That Section 4 of Article VII thereof is amended to
read:
SEC. 4. The following are exempt from civil service:
(a) Officers and employees appointed or employed by the
Legislature, either house, or legislative committees.
(b) Officers and employees appointed or employed by councils,
commissions or public corporations in the judicial branch or by a
court of record or officer thereof.
(c) Officers elected by the people and a deputy and an employee
selected by each elected officer.
(d) Members of boards and commissions.
(e) A deputy or employee selected by each board or commission
either appointed by the Governor or authorized by statute.
(f) State officers directly appointed by the Governor with or
without the consent or confirmation of the Senate and the employees
of the Governor's office , and the employees of the
Lieutenant Governor's office directly appointed or employed by the
Lieutenant Governor .
(g) A deputy or employee selected by each officer, except members
of boards and commissions, exempted under Section 4(f).
(h) Officers and employees of the University of California and the
California State Colleges.
(i) The teaching staff of schools under the jurisdiction of the
Department of Education or the Superintendent of Public Instruction.
(j) Member, inmate, and patient help in state homes, charitable or
correctional institutions, and state facilities for mentally ill or
retarded persons.
(k) Members of the militia while engaged in military service.
( l ) Officers and employees of district agricultural
associations employed less than 6 months in a calendar year.
(m) In addition to positions exempted by other provisions of this
section, the Attorney General may appoint or employ six deputies or
employees, the Public Utilities Commission may appoint or employ one
deputy or employee, and the Legislative Counsel may appoint or employ
two deputies or employees.
Eighth-- That Section 9 of Article IX thereof is amended to read:
SEC. 9. (a) The University of California shall constitute a
public trust, to be administered by the existing corporation known as
"The Regents of the University of California," with full powers of
organization and government, subject only to such legislative control
as may be necessary to insure the security of its funds and
compliance with the terms of the endowments of the university and
such competitive bidding procedures as may be made applicable to the
university by statute for the letting of construction contracts,
sales of real property, and purchasing of materials, goods, and
services. Said The corporation shall be
, in form , a board composed of seven ex
officio members, which who shall be:
the Governor, the Lieutenant Governor, the
Secretary of State, the Speaker of the Assembly, the
Superintendent of Public Instruction, the president and the vice
president of the alumni association of the university and
, the acting president of the university, and 18
appointive members appointed by the Governor and approved by the
Senate, a majority of the membership concurring; provided, however
, that the present appointive members shall hold office
until the expiration of their present terms.
(b) The terms of the members appointed prior to November 5, 1974,
shall be 16 years; the terms of two appointive members to expire as
heretofore on March 1st of every even-numbered calendar year, and two
members shall be appointed for terms commencing on March 1, 1976,
and on March 1 of each year thereafter; provided that no
such none of the appointments shall be made for
terms to commence on March 1, 1979, or on March 1 of each fourth year
thereafter, to the end that no appointment to the regents
Regents for a newly commencing term shall be
made during the first year of any gubernatorial term of office. The
terms of the members appointed for terms commencing on and after
March 1, 1976, shall be 12 years. During the period of transition
until the time when the appointive membership is comprised
exclusively of persons serving for terms of 12 years, the total
number of appointive members may exceed the numbers specified in the
preceeding preceding paragraph.
In case of any vacancy, the term of office of the appointee to
fill such the vacancy, who shall be
appointed by the Governor and approved by the Senate, a majority of
the membership concurring, shall be for the balance of the term for
which such the vacancy exists.
(c) The members of the board may, in their discretion, following
procedures established by them and after consultation with
representatives of faculty and students of the university, including
appropriate officers of the academic senate and student governments,
appoint to the board either or both of the following persons as
members with all rights of participation: a member of the faculty at
a campus of the university or of another institution of higher
education; a person enrolled as a student at a campus of the
university for each regular academic term during his or her
service as a member of the board. Any person so appointed shall
serve for not less than one year commencing on July 1.
(d) Regents shall be able persons broadly reflective of the
economic, cultural, and social diversity of the State, including
ethnic minorities and women. However, it is not intended that
formulas or specific ratios be applied in the selection of
regents Regents .
(e) In the selection of the Regents, the Governor shall consult an
advisory committee composed as follows: The Speaker of the Assembly
and two public members appointed by the Speaker, the President
Pro pro Tempore of the Senate and two
public members appointed by the Rules Committee of the Senate, two
public members appointed by the Governor, the chairman
chairperson of the regents
Regents of the university, an alumnus of the university
chosen by the alumni association of the university, a student of the
university chosen by the Council of Student Body Presidents, and a
member of the faculty of the university chosen by the academic senate
of the university. Public members shall serve for four years, except
that one each of the initially appointed members selected by the
Speaker of the Assembly, the President Pro
pro Tempore of the Senate, and the Governor shall be appointed
to serve for two years; student, alumni, and faculty members shall
serve for one year and may not be regents
Regents of the university at the time of their service on the
advisory committee.
(f) The Regents of the University of California shall be vested
with the legal title and the management and disposition of the
property of the university and of property held for its benefit and
shall have the power to take and hold, either by purchase or by
donation, or gift, testamentary or otherwise, or in any other manner,
without restriction, all real and personal property for the benefit
of the university or incidentally to its conduct; provided, however,
that sales of university real property shall be subject to such
competitive bidding procedures as may be provided by statute.
Said The corporation shall also have
all the powers necessary or convenient for the effective
administration of its trust, including the power to sue and to be
sued, to use a seal, and to delegate to its committees or to the
faculty of the university, or to others, such
the authority or functions as it may deem wise. The Regents
shall receive all funds derived from the sale of lands pursuant to
the act of Congress of July 2, 1862, and any subsequent acts
amendatory thereof. The university shall be entirely independent of
all political or sectarian influence and kept free therefrom in the
appointment of its regents Regents and
in the administration of its affairs, and no person shall be debarred
admission to any department of the university on account of race,
religion, ethnic heritage, or sex.
(g) Meetings of the Regents of the University of California shall
be public, with exceptions and notice requirements as may be provided
by statute.