BILL ANALYSIS �
SENATE COMMITTEE ON ELECTIONS
AND CONSTITUTIONAL AMENDMENTS
Senator Norma J. Torres, Chair
BILL NO: SCA 17 HEARING DATE: 5/6/14
AUTHOR: STEINBERG ANALYSIS BY: Darren Chesin
AMENDED: AS INTRODUCED
FISCAL: YES
SUBJECT
Members of the Legislature: suspension
DESCRIPTION
Existing law , pursuant to 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 two-thirds of the membership of the house.
The 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 provide, upon voter approval, that each house
may, by majority vote, suspend a Member and deem the salary and
benefits of the Member to be forfeited for all or part of the
period of the suspension.
BACKGROUND
Censure, Expulsion and Other Disciplinary Actions in State
Legislatures . According to the National Association of State
Legislatures (NCSL), the power to discipline and expel members
is inherent to a legislative body. It originated with the
English Parliament in the sixteenth century, and it was
exercised by colonial legislatures prior to American
independence.
The punishments that are usually within a legislature's
authority include withdrawal of privileges, fine, imprisonment,
reprimand, censure, suspension and expulsion. Formal
disciplinary procedures generally are regarded as a drastic step
reserved for serious situations. Most often, every effort is
made to obtain a satisfactory, but informal, solution to the
matter.
Although the power to judge members is available to all
legislative bodies, many chambers do not specify the procedures
to investigate charges of misconduct. In addition, the actual
reasons for which a lawmaker may be disciplined often are vague
or not specified at all. Disorderly behavior or conduct, listed
by 37 states, is the most common basis for disciplinary action.
State constitutions provide that each house, with the requisite
vote, may expel a member; however, it is a very rare occurrence.
Only 17 chambers reported that they had ever taken this very
serious action.
Suspension of Senators Calderon, Wright and Yee . On March 28,
2014, the Senate approved, Senate Resolution 38 (Steinberg)
which read as follows:
Resolved by the Senate of the State of California, a
majority of the membership concurring, That the Senate
hereby suspends Senator Ronald S. Calderon from exercising
any of the powers of his office as a Member of the Senate
until all criminal proceedings currently pending against
him have been dismissed; and be it further
Resolved, That the Senate hereby suspends Senator Roderick
D. Wright from exercising any of the powers of his office
as a Member of the Senate until all criminal proceedings
currently pending against him have been dismissed; and be
it further
Resolved, That the Senate hereby suspends Senator Leland
Y. Yee until all criminal proceedings currently pending
against him have been dismissed.
Legislative Counsel Opinion . The vote to suspend the three
Senators followed a February 25, 2014 opinion by the Legislative
Counsel confirming the Senate may suspend the authority of a
Senator to exercise the privileges of the office so long as the
suspension is for a fixed, limited period of time and the Senate
reasonably determines the suspension to be necessary to preserve
the honor, dignity, and efficiency of the Senate. However, the
opinion further stated that the Senate may not suspend the
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salary or benefits of the Senator for the duration of the
suspension" given the Constitution authorizes the California
Citizens Compensation Commission with the responsibility to
establish the annual salary and benefits of Members of the
Legislature.
COMMENTS
1.According to the Author : Under current law, the Senate and
Assembly may suspend the authority of its respective members
to exercise the privileges of the office for a fixed, limited
period of time that is reasonably necessary to preserve the
honor, dignity, and efficiency of the house. However, that
power is limited in that the body does not have the power to
suspend its members without pay.
As clearly laid out in an opinion of the Legislative Counsel, a
house of the Legislature may not suspend the salary or
benefits of the Senator for the duration of the suspension
from exercising privileges. The Constitution vests the
California Citizens Compensation Commission with the power to
adjust the salary and benefits of Members of the Legislature.
In addition, the Constitution provides that travel and living
expenses for Members must be prescribed by a statute passed by
two-thirds of the membership of each house. Finally, the
Constitution also provides that the salaries of elected state
officers may not be reduced during their term of office.
When exercising its inherent and expressed authority to impose a
range of sanctions, each house of the Legislature should be
empowered to suspend its members without pay should the
circumstances warrant such an action.
This bill gives each house of the Legislature express authority
in the California State Constitution to suspend a Member of
that house without pay.
POSITIONS
Sponsor: Author
Support: None received
Oppose: None received
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