Amended in Senate June 1, 2016

Senate Constitutional Amendment No. 14

Introduced by Senator Wolk

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(Principal coauthor: Assembly Member Olsen)

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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 begin delete of end delete begin insert of, and by adding Section 7. end insert begin insert 3 to, end insert Article IV thereof, relating to the Legislature.

LEGISLATIVE COUNSEL’S DIGEST

SCA 14, as amended, Wolk. Legislative procedure.

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The California Constitution requires that the proceedings of each house of the Legislature and the committees thereof be open and public, except as specified.

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This measure, the California Legislature Transparency Act, would require the Legislature, commencing January 1, 2018, to make audiovisual recordings of the proceedings of each house of the Legislature and the standing committees thereof, if those proceedings are required to be open and public.

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The California Constitution prohibits either house from passing a bill until begin insert certain requirements are met, including that end insert the bill with amendments has been printed and distributed to the Members of the Legislature.

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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.

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This measure would additionally prohibit the Legislature from passing a bill unless the bill has been published on the Internet in its final form for at least 72 hours prior to the final vote in the second house unless specified requirements are met with respect to a state of emergency declared by the Governor.

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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
begin delete both end delete begin insert all end insert 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 begin delete fully end delete
review begin insert fully end insert every bill and express begin insert to their elected representatives end insert
their views regarding begin delete the end delete begin insert a end insert bill’s merits begin delete to their elected
representatives, end delete before it is passed.

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

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(c) Further, although the California Constitution currently
provides that the proceedings of each house of the Legislature and
the committees thereof shall be open and public, few citizens have
the ability to attend legislative proceedings in person, and many
legislative proceedings go completely unobserved by the public
and press, often leaving no record of what was said.

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(d) Yet, with the availability of modern recording technology,
there is no reason why public legislative proceedings should
remain relatively inaccessible to the public.

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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) (1) 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.

(2) No bill may be passed or ultimately become a statute unless
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 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 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 entered in the journal, two thirds of the
membership concurring, prior to the vote on the bill.

(3) No 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.

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begin insert Third-- end insert   

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In enacting this measure, the people of the State of
California intend the following:

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(a) To enhance the ability of the people of the State of California
to observe what is happening and has happened at the Legislature’s
public proceedings so as to obtain the information necessary to
participate in the political process.

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(b) To give the people of the State of California and their elected
representatives the necessary time to evaluate carefully 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 published on the Internet for review
by the Legislature and the public and the time that the final vote
in the second house is taken, except in cases of a state of emergency
declared by the Governor.

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begin insert Fourth end insert begin insert -- end insert   

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begin insert That Section 7.3 is added to Article IV thereof, to
read: end insert

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begin insert SEC. 7.3. end insert   

Commencing January 1, 2018, the Legislature shall
cause audiovisual recordings to be made of the proceedings of
each house of the Legislature and the standing committees thereof,
if those proceedings are required to be open and public pursuant
to subdivision (c) of Section 7. Expenditures made in furtherance
of this section are not subject to Section 7.5.

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begin insert Fifth-- end insert   

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

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, begin delete three
fourths end delete begin insert three-fourths end insert 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 begin delete 3 end delete begin insert three end insert days in each house except that the
house may dispense with this requirement by rollcall vote entered
in the journal, begin delete two thirds end delete begin insert two-thirds end insert of the membership concurring.

begin delete No bill may be passed until the bill with amendments has been
printed and distributed to the members. No bill may be passed
unless, by rollcall vote entered in the journal, a majority of the
membership of each house concurs. end delete

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(2) No bill may be passed until it has been printed and
distributed, with amendments, to the Members.

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(3) No bill may be passed until it has been published on the
Internet in its final form for at least 72 hours prior to the final vote
in the second house. Upon a rollcall vote, two-thirds of the
membership concurring, the requirement of this paragraph may
be waived for a bill if the Governor has declared a state of
emergency, as defined in paragraph (2) of subdivision (c) of
Section 3 of Article XIII B, and has submitted a written statement
to the Legislature identifying the bill as necessary to address the
emergency.

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

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(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, begin delete two thirds end delete
begin insert two-thirds end insert 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.

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begin insert Sixth-- end insert   

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begin insert In the event that this measure and another measure
that imposes transparency requirements on the Legislature, such
as requirements to make audiovisual recordings of legislative
proceedings or to specify the amount of time a bill must be publicly
available before it may be passed, appear on the same statewide
ballot, the provisions of the other measure or measures shall be
deemed to be in conflict with this measure. In the event that this
measure receives a greater number of affirmative votes than a
measure deemed to be in conflict with it, the provisions of this
measure shall prevail in their entirety, and the other measure or
measures shall be null and void in their entirety. end insert