BILL NUMBER: ACA 1 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Donnelly DECEMBER 3, 2012 A resolution to propose to the people of the State of California a revision of the Constitution of the State, by amending subdivision (b) of Section 8 of, and by adding Section 11.5 to, Article IV thereof, relating to administrative regulations. LEGISLATIVE COUNSEL'S DIGEST 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. Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2013-14 Regular Session commencing on the third day of December 2012, 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 revised as follows: First-- This measure shall be known and may be cited as the Write the Laws Act. Second-- That subdivision (b) of Section 8 of Article IV thereof is amended to read:(b)TheExcept as provided by Section 11.5, the Legislature may make no law except by statute and may enact no statute except by bill. No bill may be passed unless it is read by title on 3 days in each house except that the house may dispense with this requirement by rollcall vote entered in the journal,two thirdstwo-thirds of the membership concurring. No bill may be passed until the bill with amendments has been printed and distributed to the members. No bill may be passed unless, by rollcall vote entered in the journal, a majority of the membership of each house concurs. Third-- That Section 11.5 is added to Article IV thereof, to read: SEC. 11.5. (a) On or after the effective date of this section, a state agency shall not issue, utilize, enforce, or attempt to enforce any regulation, as defined in Section 11342.600 of the Government Code or its successor, that was proposed to be adopted or amended on or after the effective date of this section, unless the state agency complies with all applicable statutory procedures and requirements, and, after the regulation is approved in accordance with those procedures and requirements, submits the regulation to the Legislature for its approval during a legislative session in accordance with subdivision (b). The limitation of this subdivision does not apply to an emergency regulation that is not effective for more than 180 days. (b) On or after the effective date of this section, the Legislature may approve any regulation submitted to it by a state agency pursuant to subdivision (a) by means of a concurrent resolution adopted by rollcall vote in each house and recorded in the journal, a majority of the membership concurring. A concurrent resolution to approve a regulation shall embrace but one subject, which shall be expressed in its title. If a concurrent resolution to approve a regulation embraces a subject not expressed in its title, only the part not expressed is void. If a concurrent resolution to approve a regulation fails to obtain a majority vote in either house, the regulation is disapproved. If the Legislature approves a regulation in accordance with this subdivision, that regulation shall be submitted to the Secretary of State for filing and shall become effective on the date provided by statute. If a regulation is not approved by the Legislature in accordance with this subdivision within 60 calendar days after the regulation was submitted to the Legislature during a legislative session, it is disapproved. A regulation that is disapproved under this subdivision shall be returned to the state agency that proposed it. (c) This section does not apply to a regulation that was proposed by a state agency prior to the effective date of this section. (d) This section does not limit the Legislature's authority to do any of the following: (1) Enact a statute that has the effect of nullifying a regulation adopted by an administrative agency of the State prior to or after the effective date of this section. (2) Establish statutory procedures and requirements for the approval and adoption of regulations. (3) Delegate to a state agency the authority to propose regulations. (e) During the first year of the 2015-16 Regular Session, the Legislature shall enact legislation to make all statutory changes necessary to conform with the amendment made by this measure to Section 8 of Article IV of the California Constitution, and the addition by this measure of Section 11.5 to Article IV of the California Constitution.