BILL NUMBER: SCR 2	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 7, 2011

INTRODUCED BY   Senator DeSaulnier

                        DECEMBER 6, 2010

   Relative to the  California Constitution Revision
Commission   Constitutional Convention  .


	LEGISLATIVE COUNSEL'S DIGEST


   SCR 2, as amended, DeSaulnier.  California Constitution
Revision Commission.   Constitutional Convention. 

   Under the California Constitution, the Legislature by rollcall
vote entered in the journal, two-thirds of the membership of each
house concurring, may submit at a general election the question
whether to call a convention to revise the Constitution. If the
majority vote yes on that question, within 6 months the Legislature
is required to provide for the convention.  
   This measure would propose that the people of the State of
California vote at the next statewide general election on the
question of whether to call a convention to revise the California
Constitution.  
   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, Section 2 of Article XVIII of the California
Constitution provides that the Legislature by rollcall vote entered
in the journal, two-thirds of the membership of each house
concurring, may submit at a general election the question of whether
to call a convention to revise the Constitution; and 
    WHEREAS, Section 2 of Article XVIII of the California
Constitution further provides that if a majority votes yes on the
question of whether to call a convention to revise the Constitution,
the Legislature shall provide for a convention within six months; and

    WHEREAS, Section 2 of Article XVIII of the California
Constitution further provides that delegates to a constitutional
convention shall be voters elected from districts as nearly equal in
population as may be practicable; now, therefore, be it 
    Resolved by the Senate of the State of California, the
Assembly thereof concurring, That the Legislature of the State of
California at its 2011-12 Regular Session commencing on the sixth day
of December 2010, two-thirds of the membership of each house
concurring, hereby proposes that the people of the State of
California vote at the next statewide general election on the
question of whether to call a convention to revise the California
Constitution to provide for the effective and efficient delivery of
public services, subject to all of the following:  
   (a) Pursuant to Section 2 of Article XVIII of the California
Constitution, the question of whether to call a convention to revise
the California Constitution shall be submitted to the voters at the
next statewide general election, and if the majority vote yes on that
question, within six months the Legislature shall provide for the
convention.  
   (b) The Secretary of State shall submit the question of whether to
call a convention to revise the California Constitution to the
voters as the Secretary of State would submit any other proposition
by the Legislature that is submitted to a popular vote at a statewide
general election; and be it further 
    Resolved, That the Legislature of the State of California at
its 2011-12 Regular Session commencing on the sixth day of December
2010, two-thirds of the membership of each house concurring, hereby
submits at the next statewide general election after passage of this
measure a question asking whether voters are for or against the
calling of a convention for the purpose of revising the California
Constitution; and be it further 
    Resolved, That the Secretary of the Senate transmit copies of
this resolution to the author for appropriate distribution. 

   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.