ACA 4, as introduced, Olsen. Legislative procedure.
The California Constitution prohibits a bill other than the Budget Bill from being heard or acted on by a committee or either house of the Legislature until the 31st day after the bill is introduced, unless the house dispenses with this requirement by rollcall vote entered in the journal, 3⁄4 of the membership concurring.
This measure would add an additional exception to this 31-day waiting period by authorizing a committee to hear or act on a bill if the bill, in the form to be considered by the committee, has been in print and published on the Internet for at least 15 days.
Existing provisions of the California Constitution prohibit either house of the Legislature from passing a bill until the bill with amendments has been printed and distributed to the Members.
This measure would also prohibit either house of the Legislature from passing a bill until the bill, in the form to be voted on, has been made available to the public, in print and published on the Internet, for at least 72 hours preceding the vote. This requirement would not apply to specified urgency bills upon the submission by the Governor to the Legislature of a written statement that it is necessary to dispense with the requirement to address a state of emergency declared by the Governor.
Vote: 2⁄3. Appropriation: no. Fiscal committee: no. 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, two-thirds of
4the membership of each house concurring, hereby proposes to the
5people of the State of California that the Constitution of the State
6be amended as follows:
That Section 8 of Article IV thereof is amended to read:
(a) At regular sessions no bill other than the budget
9bill may be heard or acted on by committee or either house until
10the 31st day after the bill is introduced
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13house dispenses with this requirement by rollcall vote entered in
14the journal, three fourths of the membership concurring.
18(b) The Legislature may make no law except by statute and
19may enact no statute except by bill. No bill may be passed unless
20it is read by title on
begin delete 3end delete days in each house except that begin delete theend delete
21 house may dispense with this requirement by rollcall vote entered
22in the journal,
begin delete two thirdsend delete of the membership concurring.
23No bill may be passed until the bill with amendments has been
24printed and distributed to the members. No bill may be passed
25unless, by rollcall vote entered in the journal, a majority of the
26membership of each house concurs.
5(c) (1) Except as provided in paragraphs (2) and (3)
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begin deletesubdivisionend delete, a statute enacted at a regular session shall go into
7effect on January 1 next following a 90-day period from the date
8of enactment of the statute and a statute enacted at a special session
9shall go into effect on the 91st day after adjournment of the special
10session at which the bill was passed.
11(2) A statute, other than a statute establishing or changing
12boundaries of any legislative, congressional, or other election
13district, enacted by a bill passed by the Legislature on or before
14the date the Legislature adjourns for a joint recess to reconvene in
15the second calendar year of the biennium of the legislative session,
16and in the possession of the Governor after that date, shall go into
17effect on January 1 next following the enactment date of the statute
18unless, before January 1, a copy of a referendum petition affecting
19the statute is submitted to the Attorney General pursuant to
20subdivision (d) of Section 10 of Article II, in which event the
21statute shall go into effect on the 91st day after the enactment date
22unless the petition has been presented to the Secretary of State
23pursuant to subdivision (b) of Section 9 of Article II.
24(3) Statutes calling
elections, statutes providing for tax levies
25or appropriations for the usual current expenses of the State, and
26urgency statutes shall go into effect immediately upon their
28(d) Urgency statutes are those necessary for immediate
29preservation of the public peace, health, or safety. A statement of
30facts constituting the necessity shall be set forth in one section of
31the bill. In each house the section and the bill shall be passed
32separately, each by rollcall vote entered in the journal,
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33 of the membership concurring. An urgency statute may
34not create or abolish any office or change the salary, term, or duties
35of any office, or grant any franchise or special privilege, or create
36any vested right or interest.