BILL ANALYSIS
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|SENATE COMMITTEE ON RULES | 2009-2010 Regular |
| |Session |
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SENATOR Darrell Steinberg , CHAIRMAN
_____________________staff analysis
Fiscal: No
Hearing: 06/23/10
Urgency: No
BILL NO: SCA 30
AUTHOR: Huff
AMENDED: As introduced
SUBJECT : Legislative bill notice requirements.
SOURCE : Author
SUMMARY : This measure would prohibit a hearing or vote on
a bill by a committee of a house of the Legislature unless,
at least 72 hours in advance, it has been printed and
distributed to the members of that committee and made
available to the public on the Internet. The measure would
also define "printed and distributed" to include electronic
publication and distribution. Additionally, SCA 30 would
prohibit passage of a bill by a house of the Legislature
unless, at least 72 hours in advance, the bill is made
available to the public on the Internet.
ANALYSIS : The legislative power of the State was vested in
the California Legislature in Article IV of the
Constitution of the State of California, as amended on
November 8, 1966. Section 8 of Article IV states "?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."
Continued
SCA 30
Page 2
"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. No bill may be passed until the
bill with amendments has been printed and distributed to
the members."
Standing committees of the Senate are governed by the Joint
Rules of the Senate and Assembly, the Standing Rules of the
Senate, by statute, and the latest edition of Mason's
Manual. A committee or subcommittee is required to conduct
meetings that are open and public, except when in executive
session for purposes authorized by Section 9029 of the
Government Code.
The Standing Rules of the Senate 21.5 (m) states "When a
committee adopts proposed amendments to a bill, the bill
may be taken up for vote at that meeting or, if the
committee or author requests, sent out to print before
final action. If the amendments are not in proper form,
they shall be prepared and submitted to the chair for
approval before being reported to the Desk. Amendments
submitted by the author that, in the opinion of the
committee chair, are major or substantial shall be
submitted to the committee at least two legislative days
before the bill is scheduled for hearing."
Joint Rules 62(a) requires notice of a hearing on a bill by
the committee of first reference in each house, or notice
of an informational hearing, to be published in the Daily
File at least four days prior to the hearing.
This bill adds a section to Article IV, Section 8 of the
California Constitution to state that "No bill shall be
heard or voted on by a committee unless, at least 72 hours
in advance, the bill has been printed and distributed to
the members and made available to the public on the
Internet. For purposes of this section, 'printed and
distributed' includes electronic publication and
distribution."
SCA 30
Page 3
The President pro Tempore is the Presiding Officer of the
Senate, and as such has the responsibility to secure the
prompt and businesslike disposition of bills and other
business before the Senate. As part of that process, the
Senate Rules Committee must determine when, in their
measured judgment, the interests of legislation or the
expedition of business before the Senate will be better
served, and must act accordingly.
COMMENTS : According to the author, SCA 30 is based on the
winning submission from the "There Ought To Be A Law"
contest. SCA 30 will amend the Constitution to provide
necessary time for legislators to understand bills they are
voting on, publicize legislation as it develops and give
citizens a way to hold their elected representatives
accountable. An adequate review period will help break
down the structural barrier between public involvement and
legislative responsibility.
If the Senate Rules Committee passes this bill, the do pass
motion needs to include the re-referral to Senate
Elections, Reapportionment and Constitutional Amendments
Committee.
SUPPORT : (Verified on 06/21/10)
Howard Jarvis Taxpayers Association
California Taxpayers' Association
Los Angeles County District Attorney's Office
OPPOSE : (Verified on 06/21/10)
None received.
SENATE RULES COMMITTEE: Sandy Wood/651-4153
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