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, 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 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:
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
begin delete unless theend delete
13house dispenses with this requirement by rollcall vote entered in
begin delete three fourthsend delete of the membership
19(b) 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 on
begin delete 3end delete days in each house except that begin delete theend delete
22 house may dispense with this requirement by rollcall vote entered
23in the journal,
begin delete two thirdsend delete 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.
6(c) (1) Except as provided in paragraphs (2) and (3)
begin delete of this , 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
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,
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34 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.