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)  The   Except 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 thirds   two-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.