California Legislature—2015–16 Regular Session

Assembly Constitutional Amendment No. 9

Introduced by Assembly Member Gomez

February 19, 2016

Assembly Constitutional Amendment No. 9—A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Sections 2 and 5 of Article IV thereof, relating to the Legislature.

LEGISLATIVE COUNSEL’S DIGEST

ACA 9, as introduced, Gomez. Legislature: legislative vacancies.

The California Constitution, when a vacancy occurs in the Legislature, requires the Governor to immediately call an election to fill the vacancy.

This measure would instead require the Governor to fill a vacancy in either house of the Legislature by making an appointment within 60 days of the date of the vacancy from a list of 3 names selected by certain entities. The persons nominated by the entities would be required to have, at the time nominated and during the 12-month period immediately preceding, the same political party preference as the vacating Member had when he or she was last elected to the Legislature.

This measure would further require a person who vacates his or her position to payback the salary and travel and living expenses he or she received during the incomplete term of office, unless the Member vacated the seat for personal medical reasons.

The California Constitution requires the Legislature to enact laws prohibiting a Member of the Legislature from lobbying, for compensation, as governed by the Political Reform Act of 1974, before the Legislature for 12 months after leaving office.

This measure would, in addition, prohibit a Member of the Legislature who vacates his or her seat prior to the expiration of the term of office for other than personal medical reasons from being permitted to lobby, for compensation before the Legislature until 12 months have passed from the date his or her term of office would have expired.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2015-16 Regular
Session commencing on the first day of December 2014, 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:

First--  

The Legislature finds and declares that Members of
the Legislature are expected to fulfill the full term of office to
which they have been elected.

Second--  

That Section 2 of Article IV thereof is amended to
read:

SEC. 2.  

(a) (1) The Senate has a membership of 40 Senators
elected for begin delete 4-year end delete begin insert four-year end insert terms, 20 to begin every begin delete 2 end delete begin insert two end insert years.

(2) The Assembly has a membership of 80 begin delete members end delete begin insert Members end insert
elected for begin delete 2-year end delete begin insert two-year end insert terms.

(3) The begin delete terms end delete begin insert term end insert of a Senator or a Member of the Assembly
shall commence on the first Monday in December next following
her or his election.

(4) During her or his begin delete lifetime end delete begin insert lifetime, end insert a person may serve no
more than 12 years in the Senate, the Assembly, or both, in any
combination of terms. This begin delete subdivision end delete begin insert paragraph end insert shall apply only
to those Members of the Senate or the Assembly who are first
elected to the Legislature after begin delete the effective date of this subdivision end delete
begin insert June 5, 2012, end insert and who have not previously served in the Senate
or Assembly. Members of the Senate or Assembly who were
elected begin insert on or end insert before begin delete the effective date of this subdivision end delete begin insert June 5,
2012, end insert may serve only the number of terms allowed at the time of
the last election before begin delete the effective date of this subdivision. end delete begin insert June
5, 2012. end insert

(b) Election of begin delete members end delete begin insert Members end insert of the Assembly shall be on
the first Tuesday after the first Monday in November of
even-numbered years unless otherwise prescribed by the
Legislature. Senators shall be elected at the same time and places
as begin delete members end delete begin insert Members end insert of the Assembly.

(c) A person is ineligible to be a begin delete member end delete begin insert Member end insert of the
Legislature unless the person is an elector and has been a resident
of the legislative district for one year, and a citizen of the United
States and a resident of California for begin delete 3 end delete begin insert three end insert years, immediately
preceding begin delete the election, end delete begin insert his or her election or appointment, end insert and
service of the full term of office to which the person is seeking to
be elected begin insert , or is to be appointed, end insert would not exceed the maximum
years of service permitted by begin insert paragraph (4) of end insert subdivision (a) begin delete of
this section. end delete begin insert . end insert

begin delete

(d) When a vacancy occurs in the Legislature the Governor
immediately shall call an election to fill the vacancy.

end delete begin insert

(d) (1) If a vacancy occurs in either house of the Legislature,
each of the following shall, within 30 days of the vacancy, provide
the Governor one name of a person nominated for appointment to
the vacancy:

end insert begin insert

(A) In the house in which the vacancy occurs, the legislative
caucus of the same political party preference the vacating Member
had at the time he or she was last elected to the Legislature. The
legislative caucus shall agree by a majority vote on the name of
the person to submit to the Governor for consideration.

end insert begin insert

(B) The delegates to the state convention of the same political
party preference the vacating Member had at the time he or she
was last elected to the Legislature who reside in the vacating
Member’s district boundaries. The delegates shall agree by a
majority vote on the name of the person to submit to the Governor
for consideration.

end insert begin insert

(C) The county board of supervisors of the county or counties
in which the vacating Member’s district is located. The county
board of supervisors or boards of supervisors jointly, as applicable,
shall adopt a resolution setting forth the name of the person to
submit to the Governor for consideration.

end insert begin insert

(2) The persons nominated pursuant to paragraph (1) shall
have, at the time they are nominated and during the 12-month
period immediately preceding, the same political party preference
as the vacating Member had at the time he or she was last elected
to the Legislature.

end insert begin insert

(3) Within 60 days of a vacancy in the Legislature, the Governor
shall fill the vacancy by appointing one of the persons nominated
pursuant to paragraph (1).

end insert begin insert

(4) Unless a Member of the Legislature vacates his or her seat
for personal medical reasons, the vacating Member shall reimburse
the State for the full amount of the salary and travel and living
expenses he or she received during the term of office for which he
or she was last elected to the Legislature.

end insert begin insert

(5) The Legislature shall enact laws implementing this
subdivision.

end insert

Third--  

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

SEC. 5.  

(a) Each house shall judge the qualifications and
elections of its Members and, by rollcall vote entered in the journal,
begin delete two thirds end delete begin insert two-thirds end insert of the membership concurring, may expel a
Member.

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

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

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

(e) The Legislature shall enact laws that prohibit a Member of
the Legislature whose term of office commences on or after
December 3, 1990, from lobbying, for compensation, as governed
by the Political Reform Act of 1974, before the Legislature for 12
months after leaving office begin insert , provided that a Member who has
vacated his or her seat prior to the expiration of his or her term
of office for other than personal medical reasons shall not be
permitted to lobby before the Legislature for compensation until
12 months have passed from the date his or her term of office was
scheduled to expire end insert .

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