SCA 17, as introduced, Steinberg. Members of the Legislature: suspension.
The California Constitution provides that each house of the Legislature shall judge the qualifications and elections of its Members and may expel a Member by a vote of 2⁄3 of the membership of the house. The California Constitution further charges the California Citizens Compensation Commission with the responsibility to establish the annual salary and benefits of all state officers, and provides that the salary of an elected state officer may not be reduced during his or her term of office.
This measure would require that, to suspend a Member of either house of the Legislature, a motion or resolution to that effect shall be adopted by a vote of the majority of the membership of the house. The measure also would authorize the salary and benefits of the Member to be forfeited for all or part of the period of the suspension by express provision of the motion or resolution.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
P1 1Resolved by the Senate, the Assembly concurring, That the
2Legislature of the State of California at its 2013−14 Regular
P2 1Session commencing on the third day of December 2012,
2two-thirds of the membership of each house concurring, hereby
3proposes to the people of the State of California that the
4Constitution of the State be amended as follows:
That Section 5 of Article IV thereof is amended to read:
(a) begin insert(1)end insertbegin insert end insert Each housebegin insert of the Legislatureend insert shall judge the
7qualifications and elections of its Members and, by rollcall vote
8entered in the journal,begin delete two thirdsend deletebegin insert two-thirdsend insert of the membership
9concurring, may expel a Member.
10(2) Each house may suspend a Member by motion or resolution
11adopted by rollcall vote entered in the journal, a majority of the
12membership concurring. Notwithstanding any other provision of
13this Constitution, the house may deem the salary and benefits of
14the Member to be forfeited for all or part of the period of the
15suspension by express provision of the motion or resolution.
16(b) No Member of the Legislature may accept any honorarium.
17The Legislature shall enact laws that implement this subdivision.
18(c) The Legislature shall enact laws that ban or strictly limit the
19acceptance of a gift by a Member of the Legislature from any
20source if the acceptance of the gift might create a conflict of
21interest.
22(d) No Member of the Legislature
may knowingly accept any
23compensation for appearing, agreeing to appear, or taking any
24other action on behalf of another person before any state
25government board or agency. If a Member knowingly accepts any
26compensation for appearing, agreeing to appear, or taking any
27other action on behalf of another person before any local
28government board or agency, the Member may not, for a period
29of one year following the acceptance of the compensation, vote
30upon or make, participate in making, or in any way attempt to use
31his or her official position to influence an action or decision before
32the Legislature, other than an action or decision involving a bill
33described in subdivision (c) of Section 12begin delete of this articleend delete, which he
34or she knows, or has reason to know, would have a direct and
35significant financial impact on that person and would not impact
36the public generally or a significant segment of the public in a
37similar manner. As used
in this subdivision, “public generally”
38includes an industry, trade, or profession. However, a Member
39may engage in activities involving a board or agency which are
40strictly on his or her own behalf, appear in the capacity of an
P3 1attorney before any court or the Workers’ Compensation Appeals
2Board, or act as an advocate without compensation or make an
3inquiry for information on behalf of a person before a board or
4agency. This subdivision does not prohibit any action of a
5partnership or firm of which the Member is a member if the
6Member does not share directly or indirectly in the fee, less any
7expenses attributable to that fee, resulting from that action.
8(e) The Legislature shall enact laws that prohibit a Member of
9the Legislature whose term of office commences on or after
10December 3, 1990, from lobbying, for compensation, as governed
11by the Political Reform Act of 1974, before the Legislature for 12
12months after leaving office.
13(f) The Legislature shall enact new laws, and strengthen the
14enforcement of existing laws, prohibiting Members of the
15Legislature from engaging in activities or having interests which
16conflict with the proper discharge of their duties and
17responsibilities. However, the people reserve to themselves the
18power to implement this requirement pursuant to Article II.
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