Amended in Assembly April 21, 2016

California Legislature—2015–16 Regular Session

Assembly Constitutional AmendmentNo. 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 amended, 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.

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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.

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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 seatbegin delete prior toend deletebegin insert beforeend insert the expiration of the term of office for other than personal medical reasons frombegin delete being permitted to lobby, for compensationend deletebegin insert lobbying, for compensation,end insert before the Legislature until 12 months have passed from the date his or her term of office would have expired.

Vote: 23. Appropriation: no. Fiscal committee: yes. 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

First--  

The Legislature finds and declares that Members of
8the Legislature are expected to fulfill the full term of office to
9which they have been elected.

10

Second--  

That Section 2 of Article IV thereof is amended to
11read:

12

SEC. 2.  

(a) (1) The Senate has a membership of 40 Senators
13elected for four-year terms, 20 to begin every two years.

14(2) The Assembly has a membership of 80 Members elected
15for two-year terms.

16(3) The term of a Senator or a Member of the Assembly shall
17commence on the first Monday in December next following her
18or his election.

19(4) During her or his lifetime, a person may serve no more than
2012 years in the Senate, the Assembly, or both, in any combination
21of terms. This paragraph shall apply only to those Members of the
22Senate or the Assembly who are first elected to the Legislature
23after June 5, 2012, and who have not previously served in the
24Senate or Assembly. Members of the Senate or Assembly who
25were elected on or before June 5, 2012, may serve only the number
26of terms allowed at the time of the last election before June 5,
272012.

28(b) Election of Members of the Assembly shall be on the first
29Tuesday after the first Monday in November of even-numbered
30years unless otherwise prescribed by the Legislature. Senators
P3    1shall be elected at the same time and places as Members of the
2Assembly.

3(c) A person is ineligible to be a Member of the Legislature
4unless the person is an elector and has been a resident of the
5legislative district for one year, and a citizen of the United States
6and a resident of California for three years, immediately preceding
7his or her election or appointment, and service of the full term of
8office to which the person is seeking to be elected, or is to be
9appointed, would not exceed the maximum years of service
10permitted by paragraph (4) of subdivision (a).

11(d) (1) If a vacancy occurs in either house of the Legislature,
12each of the following shall, within 30 days of the vacancy, provide
13the Governor one name of a person nominated for appointment to
14the vacancy:

15(A) In the house in which the vacancy occurs, the legislative
16caucus of the same political party preference the vacating Member
17had at the time he or she was last elected to the Legislature. The
18legislative caucus shall agree by a majority vote on the name of
19the person to submit to the Governor for consideration.

20(B) The delegates to the state convention of the same political
21 party preference the vacating Member had at the time he or she
22was last elected to the Legislature who reside in the vacating
23Member’s district boundaries. The delegates shall agree by a
24majority vote on the name of the person to submit to the Governor
25for consideration.

26(C) The county board of supervisors of the county or counties
27in which the vacating Member’s district is located. The county
28board of supervisors or boards of supervisors jointly, as applicable,
29shall adopt a resolution setting forth the name of the person to
30submit to the Governor for consideration.

31(2) The persons nominated pursuant to paragraph (1) shall have,
32at the time they are nominated and during the 12-month period
33immediately preceding, the same political party preference as the
34 vacating Member had at the time he or she was last elected to the
35Legislature.

36(3) Within 60 days of a vacancy in the Legislature, the Governor
37shall fill the vacancy by appointing one of the persons nominated
38pursuant to paragraph (1).

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39(4) Unless a Member of the Legislature vacates his or her seat
40for personal medical reasons, the vacating Member shall reimburse
P4    1the State for the full amount of the salary and travel and living
2expenses he or she received during the term of office for which
3he or she was last elected to the Legislature.

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9 4(5)

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5begin insert(4)end insert The Legislature shall enact laws implementing this
6subdivision.

7

Third--  

That Section 5 of Article IV thereof is amended to
8read:

9

SEC. 5.  

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

12(b) No Member of the Legislature may accept any honorarium.
13The Legislature shall enact laws that implement this subdivision.

14(c) The Legislature shall enact laws that ban or strictly limit the
15acceptance of a gift by a Member of the Legislature from any
16source if the acceptance of the gift might create a conflict of
17interest.

18(d) No Member of the Legislature may knowingly accept any
19compensation for appearing, agreeing to appear, or taking any
20other action on behalf of another person before any state
21government board or agency. If a Member knowingly accepts any
22compensation for appearing, agreeing to appear, or taking any
23other action on behalf of another person before any local
24government board or agency, the Member may not, for a period
25of one year following the acceptance of the compensation, vote
26upon or make, participate in making, or in any way attempt to use
27his or her official position to influence an action or decision before
28the Legislature, other than an action or decision involving a bill
29described in subdivision (c) of Section 12 of this article, which he
30or she knows, or has reason to know, would have a direct and
31significant financial impact on that person and would not impact
32the public generally or a significant segment of the public in a
33similar manner. As used in this subdivision, “public generally”
34includes an industry, trade, or profession. However, a Member
35may engage in activities involving a board or agency which are
36strictly on his or her own behalf, appear in the capacity of an
37attorney before any court or the Workers’ Compensation Appeals
38Board, or act as an advocate without compensation or make an
39inquiry for information on behalf of a person before a board or
40agency. This subdivision does not prohibit any action of a
P5    1partnership or firm of which the Member is a member if the
2Member does not share directly or indirectly in the fee, less any
3expenses attributable to that fee, resulting from that action.

4(e) The Legislature shall enact laws that prohibit a Member of
5the Legislature whose term of office commences on or after
6December 3, 1990, from lobbying, for compensation, as governed
7by the Political Reform Act of 1974, before the Legislature for 12
8months after leaving office, provided that a Member who has
9vacated his or her seatbegin delete prior toend deletebegin insert beforeend insert the expiration of his or her
10term of office for other than personal medical reasons shallbegin delete not be
11permitted to lobbyend delete
begin insert be prohibited from lobbyingend insert before the
12Legislature for compensation until 12 months have passed from
13the date his or her term of office was scheduled to expire.

14(f) The Legislature shall enact new laws, and strengthen the
15enforcement of existing laws, prohibiting Members of the
16Legislature from engaging in activities or having interests which
17conflict with the proper discharge of their duties and
18responsibilities. However, the people reserve to themselves the
19power to implement this requirement pursuant to Article II.



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