Amended in Senate May 15, 2014

Senate Constitutional AmendmentNo. 17


Introduced by Senator Steinberg

March 28, 2014


Senate Constitutional Amendment No. 17—A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 5 of Article IV thereof, relating to the Legislature.

LEGISLATIVE COUNSEL’S DIGEST

SCA 17, as amended, Steinberg. Members of the Legislature: suspension.

The California Constitution provides that each house of the Legislature shall judge the qualifications and elections of its Members and may expel a Member by a vote of 23 of the membership of the house. The California Constitution further charges the California Citizens Compensation Commission with the responsibility to establish the annual salary and benefits of all state officers, and provides that the salary of an elected state officer may not be reduced during his or her term of office.

This measure would require that, to suspend a Member of either house of the Legislature, a motion or resolution to that effect shall be adopted by a vote ofbegin delete the majorityend deletebegin insert end insertbegin insert23end insert of the membership of the housebegin insert, as specifiedend insert.begin insert The measure would prohibit a suspended Member from exercising any of the rights, privileges, duties, or powers of his or her office, or from utilizing any resources of the Legislature, while the suspension is in effect. If the motion or resolution imposing the suspension does not specify the date upon which the suspension ends, this measure would require a vote of end insertbegin insert23end insertbegin insert of the membership of the house to remove the suspension.end insert The measure also would authorize the salary and benefits of the Member to be forfeited for all or part of the period of the suspension by express provision of the motion or resolution.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

P2    1Resolved by the Senate, the Assembly 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 amended as follows:

7

  

That Section 5 of Article IV thereof is amended to read:

8

SEC. 5.  

(a) (1) Each house of the Legislature shall judge the
9qualifications and elections of its Members and, by rollcall vote
10entered in the journal, two-thirds of the membership concurring,
11may expel a Member.

12(2) begin insert(A)end insertbegin insertend insert Each house may suspend a Member by motion or
13resolution adopted by rollcall vote entered in the journal,begin delete a majorityend delete
14begin insert two-thirdsend insert of the membership concurring.begin insert The motion or resolution
15shall containend insert
begin insert findings and declarations setting forth the basis for
16the suspension.end insert
Notwithstanding any other provision of this
17Constitution, the house may deem the salary and benefits of the
18Member to be forfeited for all or part of the period of the
19suspension by express provision of the motion or resolution.

begin insert

20(B) A Member suspended pursuant to this paragraph shall not
21exercise any of the rights, privileges, duties, or powers of his or
22her office, or utilize any resources of the Legislature, during the
23period the suspension is in effect.

end insert
begin insert

24(C) The suspension of a Member pursuant to this paragraph
25shall remain in effect until the date specified in the motion or
26resolution or, if no date is specified, the date a subsequent motion
27or resolution terminating the suspension is adopted by rollcall
28vote entered in the journal, two-thirds of the membership of the
29house concurring.

end insert

30(b) No Member of the Legislature may accept any honorarium.
31The Legislature shall enact laws that implement this subdivision.

32(c) The Legislature shall enact laws that ban or strictly limit the
33acceptance of a gift by a Member of the Legislature from any
P3    1source if the acceptance of the gift might create a conflict of
2interest.

3(d) No Member of the Legislature may knowingly accept any
4compensation for appearing, agreeing to appear, or taking any
5other action on behalf of another person before any state
6government board or agency. If a Member knowingly accepts any
7compensation for appearing, agreeing to appear, or taking any
8other action on behalf of another person before any local
9government board or agency, the Member may not, for a period
10of one year following the acceptance of the compensation, vote
11upon or make, participate in making, or in any way attempt to use
12his or her official position to influence an action or decision before
13the Legislature, other than an action or decision involving a bill
14described in subdivision (c) of Section 12, which he or she knows,
15or has reason to know, would have a direct and significant financial
16impact on that person and would not impact the public generally
17or a significant segment of the public in a similar manner. As used
18in this subdivision, “public generally” includes an industry, trade,
19or profession. However, a Member may engage in activities
20involving a board or agency which are strictly on his or her own
21behalf, appear in the capacity of an attorney before any court or
22the Workers’ Compensation Appeals Board, or act as an advocate
23without compensation or make an inquiry for information on behalf
24of a person before a board or agency. This subdivision does not
25prohibit any action of a partnership or firm of which the Member
26is a member if the Member does not share directly or indirectly in
27the fee, less any expenses attributable to that fee, resulting from
28that action.

29(e) The Legislature shall enact laws that prohibit a Member of
30the Legislature whose term of office commences on or after
31December 3, 1990, from lobbying, for compensation, as governed
32by the Political Reform Act of 1974, before the Legislature for 12
33months after leaving office.

34(f) The Legislature shall enact new laws, and strengthen the
35enforcement of existing laws, prohibiting Members of the
36Legislature from engaging in activities or having interests which
37conflict with the proper discharge of their duties and
P4    1responsibilities. However, the people reserve to themselves the
2power to implement this requirement pursuant to Article II.



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