BILL NUMBER: SCA 16	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Steinberg

                        FEBRUARY 20, 2014

   A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 2
of Article IV thereof, relating to the Legislature.


	LEGISLATIVE COUNSEL'S DIGEST


   SCA 16, as introduced, Steinberg. Members of the Legislature:
vacancy.
   The California Constitution requires the Governor to call an
election to fill a vacancy occurring in either house of the
Legislature.
   This measure would instead require the Governor to fill a vacancy
in either house of the Legislature by appointment within 21 days of
the date of the vacancy, and would require that the appointee, at the
time of the appointment and during the 12-month period immediately
preceding the appointment, have the same political party preference
as the vacating Member had when he or she was last elected to the
Legislature. The measure would allow the house to which the
appointment is made to reject the appointment, by a majority vote,
within 21 days of the appointment, in which case the Governor would
be required to make another appointment. If an appointment is not
rejected, the appointee would be eligible to take office the day
after the end of the 21-day period and would serve for the remainder
of the term of the vacating Member, except as specified.
   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 2013-14 Regular Session
commencing on the third day of December 2012, 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:
    That Section 2 of Article IV thereof is amended to read:
      SEC. 2.  (a) (1) The Senate has a membership of 40 Senators
elected for  4-year   four-year  terms, 20
to begin every  2   two  years.
   (2) The Assembly has a membership of 80  members 
 Members  elected for  2-year  
two-year  terms.
   (3) The  terms   term  of a Senator or a
Member of the Assembly shall commence on the first Monday in
December next following her or his election.
   (4) During her or his lifetime  ,  a person may serve no
more than 12 years in the Senate, the Assembly, or both, in any
combination of terms. This  subdivision  
paragraph  shall apply only to those Members of the Senate or
the Assembly who are first elected  or appoin   ted
 to the Legislature after  the effective date of this
subdivision   June 5, 2012,  and who have not
previously served in the Senate or Assembly. Members of the Senate or
Assembly who were elected  on or  before  the
effective date of this subdivision   June 5, 2012, 
may serve only the number of terms allowed at the time of the last
election before  the effective date of this subdivision
  June 5, 2012  .
   (b) Election of  members   Members  of
the Assembly shall be on the first Tuesday after the first Monday in
November of even-numbered years unless otherwise prescribed by the
Legislature. Senators shall be elected at the same time and places as
 members   Members  of the Assembly.
   (c) A person is ineligible to be a  member  
  Member  of the Legislature unless the person is an
elector and has been a resident of the legislative district for one
year, and a citizen of the United States and a resident of California
for  3   three  years, immediately
preceding  the   his or her  election 
or appointment  , and service of the full term of office to
which the person is seeking to be elected  , or is to be
appointed,  would not exceed the maximum years of service
permitted by  paragraph (4) of  subdivision (a)  of
this section  . 
   (d) When a vacancy occurs in the Legislature the Governor
immediately shall call an election to fill the vacancy. 

   (d) (1) (A) If a vacancy occurs in the Legislature, the Governor
shall fill the vacancy by appointment within 21 days of the date of
the vacancy.  
   (B) A person appointed pursuant to subparagraph (A) shall have, at
the time of the appointment and during the 12-month period
immediately preceding, the same political party preference as the
vacating Member had at the time he or she was last elected to the
Legislature. If the vacating Member declined to disclose a political
party preference at the time he or she was last elected to the
Legislature, the Governor may make an appointment regardless of
political party preference.  
   (2) Within 21 days of an appointment made pursuant to paragraph
(1), excluding any period during which the house is in recess, the
house to which the appointment is made may reject the appointment by
a rollcall vote entered in the journal, a majority of the membership
of the house concurring. If the house rejects the appointment, the
Governor shall make another appointment within 21 days of the date of
the rejection, subject to rejection by the house pursuant to this
paragraph.  
   (3) (A) If an appointment is not rejected pursuant to paragraph
(2), the appointee is eligible to take office on the day following
the 21-day period provided for in paragraph (2) and, except as
provided in subparagraph (B), shall serve until the end of the term
of the office to which the appointee is appointed.  
   (B) In the case of a seat in the Senate, the term of which does
not end in the same year as the end of the biennium of the regular
session of the Legislature during which the vacancy occurred, the
appointee shall not serve the remainder of the unexpired term.
Instead, a special election shall be held on the date of the
statewide general election immediately preceding the end of the
biennium of the regular session to fill the remainder of the
unexpired term, provided that the election occurs not sooner after
the date of the vacancy than a period specified by statute. If a
special election is not held pursuant to this subparagraph, the
appointee shall serve the remainder of the unexpired term.