California Legislature—2015–16 Regular Session

Assembly Constitutional AmendmentNo. 1


Introduced by Assembly Member Olsen

(Principal coauthors: Senators Huff and Wolk)

December 1, 2014


Assembly Constitutional Amendment No. 1—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 1, 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, 34 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: 23. 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 2015-16 Regular
3Session commencing on the first day of December 2014, two-thirds
4of the membership of each house concurring, hereby proposes to
5the people of the State of California that the Constitution of the
6State be amended as follows:

7

  

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

8

SEC. 8.  

(a) At regular sessionsbegin insert,end insert no bill other than the budget
9bill may be heard or acted on bybegin insert aend insert committee or either house until
10the 31st day after the bill is introducedbegin delete unless theend deletebegin insert, except in either
11of the following circumstances:end insert

12begin insert(1)end insertbegin insertend insertbegin insertA committee or either house may hear or act on a bill if tend insertbegin inserthe end insert
13house dispenses with this requirement by rollcall vote entered in
14the journal,begin delete three fourthsend deletebegin insert three-fourthsend insert of the membership
15concurring.

16begin insert (2)end insertbegin insertend insertbegin insertA committee may hear or act on a bill end insertbegin insertif the bill, in the form
17to be considered by the committee, has been in print and published
18on the Internet for at least 15 days.end insert

19(b) begin insert(1)end insertbegin insertend insert The Legislature may make no law except by statute and
20may enact no statute except by bill. No bill may be passed unless
21it is read by title onbegin delete 3end deletebegin insert threeend insert days in each house except thatbegin delete theend deletebegin insert aend insert
22 house may dispense with this requirement by rollcall vote entered
23in the journal,begin delete two thirdsend deletebegin insert two-thirdsend insert of the membership concurring.
24No bill may be passed until the bill with amendments has been
25printed and distributed to the members. No bill may be passed
26unless, by rollcall vote entered in the journal, a majority of the
27membership of each house concurs.

begin insert

28(2) (A) No bill may be passed in either house until the bill, in
29the form to be voted on, has been made available to the public, in
30print and published on the Internet, for at least 72 hours before
31the vote.

end insert
begin insert

32(B) This paragraph does not apply to a bill that contains an
33urgency clause if the Governor submits to the Legislature a written
34statement, for that bill, that dispensing with the requirement in
P3    1subparagraph (A) is necessary to address a state of emergency
2declared by the Governor. “Emergency,” for the purposes of this
3paragraph, has the same meaning as in paragraph (2) of
4subdivision (c) of Section 3 of Article XIII B and does not include
5a fiscal emergency declared pursuant to Section 10 of this article.

end insert

6(c) (1) Except as provided in paragraphs (2) and (3)begin delete of this
7subdivisionend delete
, a statute enacted at a regular session shall go into
8effect on January 1 next following a 90-day period from the date
9of enactment of the statute and a statute enacted at a special session
10shall go into effect on the 91st day after adjournment of the special
11session at which the bill was passed.

12(2) A statute, other than a statute establishing or changing
13boundaries of any legislative, congressional, or other election
14district, enacted by a bill passed by the Legislature on or before
15the date the Legislature adjourns for a joint recess to reconvene in
16the second calendar year of the biennium of the legislative session,
17and in the possession of the Governor after that date, shall go into
18effect on January 1 next following the enactment date of the statute
19unless, before January 1, a copy of a referendum petition affecting
20the statute is submitted to the Attorney General pursuant to
21subdivision (d) of Section 10 of Article II, in which event the
22statute shall go into effect on the 91st day after the enactment date
23unless the petition has been presented to the Secretary of State
24pursuant to subdivision (b) of Section 9 of Article II.

25(3) Statutes calling elections, statutes providing for tax levies
26or appropriations for the usual current expenses of the State, and
27urgency statutes shall go into effect immediately upon their
28enactment.

29(d) Urgency statutes are those necessary for immediate
30preservation of the public peace, health, or safety. A statement of
31facts constituting the necessity shall be set forth in one section of
32the bill. In each house the section and the bill shall be passed
33separately, each by rollcall vote entered in the journal,begin delete two thirdsend delete
34begin insert two-thirdsend insert of the membership concurring. An urgency statute may
35not create or abolish any office or change the salary, term, or duties
36of any office, or grant any franchise or special privilege, or create
37any vested right or interest.



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