BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SCA 14


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          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  








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            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  








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            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  








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            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.









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          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.









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           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  








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                 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  








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                 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.








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           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.








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          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