ACA 1, as introduced, Donnelly. Administrative regulations: legislative approval.
The California Constitution provides that the powers of government are legislative, executive, and judicial, and that persons charged with the exercise of one power may not exercise either of the other powers, with specified exceptions. The California Constitution prohibits the Legislature from making a law except by statute and from enacting a statute except by bill. The Legislature may statutorily authorize an administrative agency to adopt regulations to implement, interpret, or make specific the statutes that the agency is charged with enforcing or administering.
This measure would require an administrative agency to submit all regulations to the Legislature for approval. This measure would authorize the Legislature, by means of a concurrent resolution, to approve a regulation adopted by an administrative agency of the state.
This measure would also require the Legislature to enact legislation during the first year of the 2015-16 Regular Session to make all statutory changes necessary to conform with the constitutional amendments that would be made by this measure, if it is approved by the voters.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
P2 1Resolved by the Assembly, the Senate concurring, That the
2Legislature of the State of California at its 2013-14 Regular
3Session commencing on the third day of December 2012,
4two-thirds of the membership of each house concurring, hereby
5proposes to the people of the State of California, that the
6Constitution of the State be revised as follows:
This measure shall be known and may be cited as the
8Write the Laws Act.
That subdivision (b) of Section 8 of Article IV thereof
10is amended to read:
11(b) begin deleteThe end deletebegin insertExcept as provided by Section 11.5, the end insertLegislature may
12make no law except by statute and may enact no statute except by
13bill. No bill may be passed unless it is read by title on 3 days in
14each house except that the house may dispense with this
15requirement by rollcall vote entered in the journal,begin delete two thirdsend delete
16begin insert two-thirdsend insert of the membership concurring. No bill may be passed
17until the bill with amendments has been printed and distributed to
18the members. No bill may be passed unless, by rollcall vote entered
19in the journal, a majority of the membership of each
house concurs.
That Section 11.5 is added to Article IV thereof, to read:
(a) On or after the effective date of this section, a
22state agency shall not issue, utilize, enforce, or attempt to enforce
23any regulation, as defined in Section 11342.600 of the Government
24Code or its successor, that was proposed to be adopted or amended
25on or after the effective date of this section, unless the state agency
26complies with all applicable statutory procedures and requirements,
27and, after the regulation is approved in accordance with those
28procedures and requirements, submits the regulation to the
29Legislature for its approval during a legislative session in
30accordance with subdivision (b). The limitation of this subdivision
31does not apply to an emergency regulation that is not effective for
32more than 180 days.
33(b) On or after
the effective date of this section, the Legislature
34may approve any regulation submitted to it by a state agency
35pursuant to subdivision (a) by means of a concurrent resolution
36adopted by rollcall vote in each house and recorded in the journal,
37a majority of the membership concurring. A concurrent resolution
P3 1to approve a regulation shall embrace but one subject, which shall
2be expressed in its title. If a concurrent resolution to approve a
3regulation embraces a subject not expressed in its title, only the
4part not expressed is void. If a concurrent resolution to approve a
5regulation fails to obtain a majority vote in either house, the
6regulation is disapproved. If the Legislature approves a regulation
7in accordance with this subdivision, that regulation shall be
8submitted to the Secretary of State for filing and shall become
9effective on the date provided by statute. If a regulation is not
10approved by the Legislature in accordance with this subdivision
11within 60 calendar days after the regulation was
submitted to the
12Legislature during a legislative session, it is disapproved. A
13regulation that is disapproved under this subdivision shall be
14returned to the state agency that proposed it.
15(c) This section does not apply to a regulation that was proposed
16by a state agency prior to the effective date of this section.
17(d) This section does not limit the Legislature’s authority to do
18any of the following:
19(1) Enact a statute that has the effect of nullifying a regulation
20adopted by an administrative agency of the State prior to or after
21the effective date of this section.
22(2) Establish statutory procedures and requirements for the
23approval and adoption of regulations.
24(3) Delegate to a state
agency the authority to propose
25regulations.
26(e) During the first year of the 2015-16 Regular Session, the
27Legislature shall enact legislation to make all statutory changes
28necessary to conform with the amendment made by this measure
29to Section 8 of Article IV of the California Constitution, and the
30addition by this measure of Section 11.5 to Article IV of the
31California Constitution.
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