Senate Constitutional Amendment No. 14

Introduced by Senator Wolk

(Principal coauthor: Assembly Member Olsen)

April 21, 2016

Senate Constitutional Amendment No. 14—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

SCA 14, as introduced, Wolk. Legislative procedure.

The California Constitution prohibits either house from passing a bill until the bill with amendments has been printed and distributed to the Members of the Legislature.

This measure, the California Legislature Transparency Act, would prohibit voting on a bill until the bill, with any amendments, has been printed, distributed to the members, and published on the Internet, in its final form, for at least 72 hours before the vote, except for certain bills that address a state of emergency declared by the Governor.

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

Resolved by the Senate, the Assembly 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--  

This measure shall be known, and may be cited, as the
“California Legislature Transparency Act.”

Second--  

The people of the State of California find and declare
both of the following:

(a) It is essential to the maintenance of a democratic society
that public business be performed in an open and public manner,
and highly desirable that citizens be given the opportunity to fully
review every bill and express their views regarding the bill’s merits
to their elected representatives, before it is passed.

(b) Morever, complex bills are often passed before members of
the Legislature have any realistic opportunity to review or debate
them, resulting in ill-considered legislation.

Third--  

In enacting this measure, the people of the State of
California intend to give the people of the State of California and
their elected representatives the necessary time to carefully evaluate
the strengths and weaknesses of the final version of a bill before
a vote occurs by imposing a 72-hour public notice period between
the time that the final version is made available to the Legislature
and the public and the time that a vote is taken, except in cases of
a true emergency declared by the Governor.

Fourth--  

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

SEC. 8.  

(a) At regular sessions no bill other than the budget
bill may be heard or acted on by committee or either house until
the 31st day after the bill is introduced unless the house dispenses
with this requirement by rollcall vote entered in the journal, three
fourths of the membership concurring.

(b)  begin insert (1) end insert begin insert   end insert The Legislature may make no law except by statute and
may enact no statute except by bill. No bill may be passed unless
it is read by title on 3 days in each house except that the house
may dispense with this requirement by rollcall vote entered in the
journal, two thirds of the membership concurring. begin delete No end delete

begin insert (2) end insert begin insert   end insert begin insert No end insert bill may be passed begin delete until end delete begin insert or ultimately become a statute
unless end insert the begin delete bill end delete begin insert bill, end insert with begin delete amendments end delete begin insert an end insert begin insert y amendments, end insert has been
begin delete printed and end delete begin insert printed, end insert distributed to the begin delete members. end delete begin insert members, and
published on the Internet, in its final form, for at least 72 hours
before the vote, except that this notice period may be waived if the
Governor has submitted to the Legislature a written statement that
dispensing with this notice period for that bill is necessary to
address a state of emergency, as defined in paragraph (2) of
subdivision (c) of Section 3 of Article XIII end insert begin insert   end insert begin insert B, that has been declared
by the Governor, and the house considering the bill thereafter
dispenses with the notice period for that bill by a separate rollcall
vote end insert begin insert entered in the journal, two end insert begin insert thirds of the membership
concurring, prior to the vote on the bill. end insert begin delete No end delete

begin insert (3) end insert begin insert   end insert begin insert No end insert bill may be passed unless, by rollcall vote entered in the
journal, a majority of the membership of each house concurs.

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

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

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

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