California Legislature—2013–14 Regular Session

Assembly Constitutional Amendment No. 4

Introduced by Assembly Member Olsen

(Principal coauthors: Senators Huff and Wolk)

January 23, 2013

Assembly Constitutional Amendment No. 4—A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 8 of Article IV thereof, relating to the Legislature.

LEGISLATIVE COUNSEL’S DIGEST

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.

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, 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 amended as follows:

  

That Section 8 of Article IV thereof is amended to read:

SEC. 8.  

(a) At regular sessions begin insert , end insert no bill other than the budget
bill may be heard or acted on by committee or either house until
the 31st day after the bill is introduced begin delete unless the end delete begin insert , except in either end insert
begin insert of the following circumstances: end insert

begin insert (1) end insert begin insert   end insert begin insert A committee or either house may hear or act on a bill if t end insert begin insert he end insert
house dispenses with this requirement by rollcall vote entered in
the journal, three fourths of the membership concurring.

begin insert (2) end insert begin insert   end insert begin insert A committee may hear or act on a bill end insert begin insert if the bill, in the form end insert
begin insert to be considered by the committee, has been in print and published end insert
begin insert on the Internet for at least 15 days. end insert

(b)  begin insert (1) end insert begin insert   end insert 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 begin delete 3 end delete begin insert three end insert days in each house except that begin delete the end delete begin insert a end insert
house may dispense with this requirement by rollcall vote entered
in the journal, begin delete two thirds end delete begin insert two-thirds end insert 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.

begin insert

(2) (A) No bill may be passed in either house 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 before
the vote.

end insert begin insert

(B) This paragraph does not apply to a bill that contains an
urgency clause if the Governor submits to the Legislature a written
statement, for that bill, that dispensing with the requirement in
subparagraph (A) is necessary to address a state of emergency
declared by the Governor. “Emergency,” for the purposes of this
paragraph, has the same meaning as in paragraph (2) of
subdivision (c) of Section 3 of Article XIII B and does not include
a fiscal emergency declared pursuant to Section 10 of this article.

end insert

(c) (1) Except as provided in paragraphs (2) and (3) begin delete of this end delete
begin delete subdivision end delete , a statute enacted at a regular session shall go into
effect on January 1 next following a 90-day period from the date
of enactment of the statute and a statute enacted at a special session
shall go into effect on the 91st day after adjournment of the special
session at which the bill was passed.

(2) A statute, other than a statute establishing or changing
boundaries of any legislative, congressional, or other election
district, enacted by a bill passed by the Legislature on or before
the date the Legislature adjourns for a joint recess to reconvene in
the second calendar year of the biennium of the legislative session,
and in the possession of the Governor after that date, shall go into
effect on January 1 next following the enactment date of the statute
unless, before January 1, a copy of a referendum petition affecting
the statute is submitted to the Attorney General pursuant to
subdivision (d) of Section 10 of Article II, in which event the
statute shall go into effect on the 91st day after the enactment date
unless the petition has been presented to the Secretary of State
pursuant to subdivision (b) of Section 9 of Article II.

(3) Statutes calling elections, statutes providing for tax levies
or appropriations for the usual current expenses of the State, and
urgency statutes shall go into effect immediately upon their
enactment.

(d) Urgency statutes are those necessary for immediate
preservation of the public peace, health, or safety. A statement of
facts constituting the necessity shall be set forth in one section of
the bill. In each house the section and the bill shall be passed
separately, each by rollcall vote entered in the journal, begin delete two thirds end delete
begin insert two-thirds end insert of the membership concurring. An urgency statute may
not create or abolish any office or change the salary, term, or duties
of any office, or grant any franchise or special privilege, or create
any vested right or interest.