BILL ANALYSIS Ó SCA 14 Page 1 Date of Hearing: June 21, 2016 ASSEMBLY COMMITTEE ON RULES Richard S. Gordon, Chair SCA 14 (Wolk) - As Amended June 17, 2016 SENATE VOTE: 27-8 SUBJECT: Legislative procedure SUMMARY: Prohibits the Legislature from passing a bill in either house until the bill has been available to the public for at least 72 hours before the vote, and requires the Legislature to make audiovisual recordings of public legislative proceedings including floor sessions and committee hearings. Specifically, this bill: 1)Requires, beginning January 1, 2018, that the Legislature make audiovisual recordings of all floor sessions of each house of the Legislature and the standing committees thereof at which a vote is taken or other action is recorded. Also, requires that the Legislature make audiovisual recordings of public committee proceedings held in the State Capitol Building, such as an informational hearing, where no vote is taken or action is recorded. 2)Requires, beginning January 1, 2018, that the Legislature make reasonable efforts to audio visually record all public SCA 14 Page 2 committee proceedings held outside of the State Capitol Building. 3)Requires, beginning January 1, 2018, that the Legislature make reasonable efforts to broadcast, in real time, all public proceedings of the Legislature and the committees thereof that are held in the State Capitol Building. 4)Requires, beginning January 1, 2018, that the Legislature authorize members of the public who attend public legislative proceedings to make and broadcast recordings of the proceedings, subject to reasonable restrictions that ensure public safety and prevent disruption of the proceedings. 5)Requires the Legislature to provide all of its audiovisual recordings to the Legislative Counsel, who shall make the recordings promptly available to the public. The recordings shall remain reasonably accessible to the public for not less than 20 years. 6)Requires the Legislature to enact laws necessary to implement the provisions of this measure and provides that the necessary expenditures made in furtherance of the requirements in this measure are not subject to existing limitations on the Legislature's budget that were enacted by Proposition 140 of 1990. 7)Reduces the period of time that an introduced bill must be in print before a committee may hear or act on that bill from 30 days to 15 days. Retains the 30-day in-print requirement for bills to be heard or acted on by the floor of either house. 8)Prohibits a bill from being passed in either house until the SCA 14 Page 3 bill, in the form to be voted on, has been made available to the public by publishing it on the Internet for at least 72 hours before the vote in that house. This requirement may be waived by a two-thirds vote, if the Governor has declared a state of emergency and submitted a written statement to the Legislature identifying the bill as necessary to address the emergency. 9)Provides that in the event that this measure and another measure that imposes transparency requirements on the Legislature 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. EXISTING LAW: 1)Requires, pursuant to Section 7 of Article IV of the California Constitution, that the proceedings of each house of the Legislature and the committees thereof be open and public, except as specified. 2)Prohibits, pursuant to Section 8 of Article IV of the California Constitution, a bill other than the budget bill to be heard or acted on by a committee or either house until the 31st day after the bill is introduced, except by a three-fourths vote. 3)Prohibits, pursuant to Section 8 of Article IV of the California Constitution, either house from passing a bill until the bill, with amendments, has been printed and SCA 14 Page 4 distributed to the Members. 4)Prohibits, pursuant to statute, a television signal generated by the Assembly from being used for any political or commercial purpose. This restriction does not limit use of the signal by an accredited news organization or nonprofit organization for educational or public affairs programming. 5)Requires, pursuant to statute, the Legislative Counsel to make specified information available to the public in electronic form, including: the schedule of legislative committee hearings; a list of matters pending on the floors of both houses; the text, analysis, bill history, and vote information of each bill; and, all statutes enacted on or after January 1, 1993. FISCAL EFFECT: According to the Senate Appropriations Committee: 1)The Legislature would incur one-time General Fund costs of up to $2 million to purchase audiovisual recording equipment, and approximately $1 million in ongoing General Fund costs related to personnel and storage of the audiovisual recordings. SCA 14 excludes these costs from the Legislature's annual budget, which is subject to the limits established in 1990 by Proposition 140. SCA 14, however, requires that the Legislature make sufficient funding available for these purposes. 2)One-time General Fund costs ranging from $414,000 to $552,000 to the Secretary of State for printing and mailing costs associated with placing the measure on the ballot in the next statewide election. SCA 14 Page 5 COMMENTS: 1)Purpose : In support of SCA 14, the author states: SCA 14 would amend the California Constitution to prohibit the Legislature from approving a bill unless the bill, with any amendments, has been published on the Internet for at least 72 hours prior to the vote in that house. The 72-hour requirement would apply to all bills except those necessary to address an emergency declared by the Governor and with a 2/3 vote in each house concurring prior to the vote on the bill. Historically, there have been many occasions when significant legislation has been voted upon and approved with little time for legislators, the press, and the public at large, to read, review, analyze, and comment on the merits of the bill. SCA 14, if approved by the voters in November of 2016, would provide the public more time to review legislation and express their views to their elected representatives on the merits of legislation, providing greater transparency and accountability to the legislative process, while still allowing for expedited action in case of an emergency. SCA 14 Page 6 2)Recording by the public : SCA 14 allows recording of legislative proceedings by the public, subject to reasonable restrictions such as preventing disruption of the proceedings and ensuring public safety. This addresses public safety concerns raised during the joint initiative hearing held on June 15, 2016, by the Assembly Rules Committee and the Senate Elections and Constitutional Amendments Committee. 3)In-print requirement : SCA 14 reduces the 30-day in-print requirement for introduced bills to 15 days before a committee may hear or act on a bill. This will allow committees more time to amend, analyze, and hear bills. It will also provide the public more time to participate and provide feedback on legislation. SCA 14 retains the 30-day in-print requirement for action on the floor of the house of origin. 4)Competing proposal : SCA 14, along with AB 884 (Gordon), is similar in intent to an initiative measure titled the California Legislature Transparency Act (CLTA), which is currently pending signature verification. a) Amendments to SCA 14 since June 1 reflect an effort to clarify the initiative's ambiguities, particularly related to the 72-hour rule. The June 1 version interpreted "final form" and "the vote" to mean the vote on the floor of the second house, which is where most bills become final. The June 9 version added a provision to ensure that the house of origin had three days to vote on that final version, in the unusual case where the bill would not return to the house of origin for concurrence and the bill had not had three days in the house of origin. The current version concedes to the initiative proponents' argument that they intended to give the first house three days to review the bill before "dismissing" the bill from the house, without regard to whether the SCA 14 Page 7 bill was in the "final form." SCA 14 therefore would clarify the ambiguity in the favor of the initiative proponents, despite the additional burden imposed by the current version. It does not reflect how the Legislature may interpret the "final form" ambiguity if the voters ultimately approve the initiative and not SCA 14. 5)Resolving ambiguities : SCA 14 resolves a number of identified ambiguities in the California Legislature Transparency Act initiative that could result in the initiative not having the intended legal effect, including: a) Passage of a bill : SCA 14 explicitly states that no bill shall become a statute if it fails to comply with the provisions of SCA 14. This enforcement clause resolves the ambiguity in the initiative which provides that "no bill may be passed or ultimately become a statute" because Section 10 of Article IV of the California Constitution provides the requirements for bills to become statutes. This unnecessary language could be interpreted to mean that a bill's failure to comply with the other requirements in Section 8 of Article IV would not prevent that bill from becoming a statute. b) 72-hour requirement : SCA 14 explicitly provides that a bill must be published on the Internet "for at least 72 hours before the vote in that house." Unlike the language in the initiative which requires that bills be in print for "72 hours before the vote," SCA 14 ensures that bills will be in print for 72 hours before a floor vote in either house. The ambiguous language in the initiative could reasonably be interpreted to only apply the 72-hour requirement to the last vote before a bill is presented to the Governor. This would not provide the public sufficient time to review bills that SCA 14 Page 8 are amended in the other house of the Legislature. c) Final form of a bill : SCA 14 also ensures that the 72-hour requirement applies to the "form to be voted on," guaranteeing that amendments to a bill are in print for the intended 72 hours in each house. The initiative, on the other hand, uses ambiguous "final form" language which could reasonably be interpreted to only require 72 hours on the final version of the bill that is presented to the Governor. 6)Option for initiative withdrawal : Pursuant to SB 1253 (Chapter 697, Statutes of 2014), proponents of a statewide initiative or referendum measure are now allowed to withdraw the measure after filing the petitions with the Secretary of State at any time before the measure qualifies for the ballot (131 days prior to the election at which the measure will appear). This provides a mechanism for a proponent to remove a ballot initiative when the proponent comes to some form of negotiated resolution, such as an alternative passed by the Legislature. SCA 14 has demonstrated how the negotiation process, intended by SB 1253, on an initiative should occur. SCA 14 was introduced as an alternative to the CLTA, has had numerous public hearings, and has been significantly amended to address concerns raised in those public hearings by the initiative proponents and others. Development of amendments to SCA 14 since June 1 has involved discussion among representatives of the authors (SCA 14/AB 884), majority leadership offices, the Secretary of the Senate, and the Assembly Rules Committee, in an effort to interpret and clarify the meaning of the initiative's language through amendments to SCA 14 and AB 884. SCA 14 Page 9 7)Prior legislation : SCA 14 is similar to the following prior bills which would have required bills be available for a specified period of time prior to consideration: SCA 10 (Wolk, 2013), ACA 1 (Olsen, 2015), SCA 3 (Morrell, 2015), and SCA 10 (Huff, 2015). 8)Related legislation : AB 884 (Gordon, 2016) establishes how the Legislature will arrange for audiovisual recording and disclosure of the Legislature's activities, and is contingent upon voter approval of SCA 14. AB 884 is pending on the Senate Floor. REGISTERED SUPPORT / OPPOSITION: Support California Newspaper Publishers Association Rural County Representatives of California Opposition In light of the most recent amendments responding to the initiative proponents' objections to prior SCA 14 versions, it is unknown if there is opposition to the June 17 version of SCA 14. SCA 14 Page 10 Prior versions of SCA 14 were opposed by Charles T. Munger, Jr. and Sam Blakeslee (CLTA proponents), and the First Amendment Coalition. Analysis Prepared by:Michael Erke / RLS. / (916) 319-2800