SCR 2 Senate Concurrent Resolution

BILL NUMBER: SCR 2	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator DeSaulnier

                        DECEMBER 6, 2010

   Relative to the California Constitution Revision Commission.


	LEGISLATIVE COUNSEL'S DIGEST


   SCR 2, as introduced, DeSaulnier. California Constitution Revision
Commission.
   This measure would create the California Constitution Revision
Commission with 19 members to examine, and make recommendations
regarding, specified matters relating to state and local government.

   Fiscal committee: yes.



   WHEREAS, It is in the best interests of the state to examine the
functioning of state government and to develop proposals for
revisions to the California Constitution that will allow state
government to function more effectively; now, therefore, be it
   Resolved by the Senate of the State of California, the Assembly
thereof concurring, as follows:
   (a) The California Constitution Revision Commission is hereby
created.
   (b) (1) The commission shall consist of 19 members, as follows:
   (A) Nine members to be appointed by the Speaker of the Assembly.
Four of those members to be appointed pursuant to paragraph (2). Of
the other five members, no more than three members may be registered
with the same political party, no more than two members may be
Members of the Legislature, and two members shall be appointed in
consultation with the Assembly Republican Caucus.
   (B) Nine members to be appointed by the Senate Committee on Rules.
Four of those members to be appointed pursuant to paragraph (2). Of
the other five members, no more than three members may be registered
with the same political party, no more than two members may be
Members of the Legislature, and two members shall be appointed in
consultation with the Senate Republican Caucus.
   (C) The Legislative Analyst, or his or her designee.
   (2) It is the intent of the Legislature that four of the members
to be appointed by the Speaker of the Assembly and four of the
members to be appointed by the Senate Committee on Rules be
designated by the Governor. Of those eight members designated by the
Governor, no more than one may be a Member of the Legislature and no
more than four may be registered with the same political party.
   (3) No lobbyist, as defined in Section 82039 of the Government
Code, may serve as a member of the commission. The membership of the
commission shall broadly reflect the ethnic, racial, cultural,
geographic, and gender diversity of the state.
   (4) The initial appointments to the commission shall be made no
later than 90 days after this resolution is adopted by both houses of
the Legislature.
   (c) (1) Each member of the commission shall serve without
compensation, but, upon appropriation by the Legislature, each member
shall receive one hundred dollars ($100) for each day while on
official business of the commission. In addition, each member shall
be entitled to receive necessary expenses actually incurred in the
performance of his or her duties.
   (2) The commission may appoint an executive secretary and fix his
or her compensation, to be paid upon appropriation by the
Legislature.
   (d) The Legislative Counsel, Legislative Analyst, State Auditor,
and Department of Finance shall assist the commission in the
performance of its duties.
   (e) The commission shall assist the Governor and the Legislature
by examining and making recommendations regarding all of the
following:
   (1) The budget process, including, but not limited to, how the
budget is formulated and enacted, whether the budget process serves
the future needs of the state, the appropriate balance of resources
and spending by the state, and the fiscal relations of the state,
federal, and local governments. The commission shall also examine any
constraints and impediments that interfere with the orderly and
comprehensive consideration of all fiscal matters that affect the
development of a budget for the state, including, but not limited to,
the requirement of a two-thirds vote in each house of the
Legislature to impose taxes for the purpose of increasing revenues,
the term of the budget, and spending mandates.
   (2) The structure of state governance, including, but not limited
to, the legislative and executive branches. In this regard, the
commission shall examine state agencies and commissions in order to
increase accountability and improve the process of formulating,
considering, and approving policy determinations and a budget for the
state.
   (3) The current configuration of state and local government
duties, responsibilities, and priorities, including, but not limited
to, the following: the fiscal relations of state and local
governments, including the revenue distribution relationship between
local and state government; the types of services delivered;
mechanisms of service delivery; desired program outcomes; methods of
performance measurement; and any constraints or impediments that
interfere with the most effective allocation of state and local
responsibilities.
   (4) The initiative and referendum processes, campaign finance, and
term limits.
   (f) The commission shall submit a report to the Governor and the
Legislature no later than one year from the date of its initial
meeting setting forth its findings with respect to the matters
contained in subdivision (e). The commission should submit interim
reports before that date whenever it makes a finding and
recommendation on a specific topic.
   (g) In carrying out its duties and responsibilities, the
commission shall have the following powers:
   (1) To meet at times and places as it may deem proper. The
commission is subject to the provisions of the Bagley-Keene Open
Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1
of Part 1 of Division 3 of Title 2 of the Government Code).
   (2) To contract, as it deems necessary, for the rendering of
services, facilities, studies, and reports to the commission as will
best assist it to carry out its duties and responsibilities.
   (3) To cooperate with, and secure the cooperation of, county,
city, city and county, and other local government agencies in
investigating any matter within the scope of its duties and
responsibilities.
   (4) To secure directly from every department, agency, or
instrumentality full cooperation, access to its records, and access
to any information, suggestions, estimates, data, and statistics that
it may have available.
   (5) To do any and all things necessary or convenient to enable it
fully and adequately to perform its duties and to exercise the powers
expressly granted to it.