BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
SCA 17 (Steinberg) - Members of the Legislature
Amended: May 15, 2014 Policy Vote: E&CA 4-1
Urgency: No Mandate: No
Hearing Date: May 19, 2014 Consultant: Maureen Ortiz
This bill meets the criteria for referral to the Suspense File.
Bill Summary: SCA 17 will authorize each house of the
Legislature to suspend a member and deem the salary and benefits
of that member to be forfeited for all or part of the period of
the suspension.
Fiscal Impact:
One-time ballot printing/mailing costs of approximately
$275,000 - $550,000 (General Fund)
Potential salary savings of tens of thousands of dollars
depending on suspensions (General Fund)
The actual ballot costs could be higher or lower depending on
the length of the title, summary, text, LAO analysis, proponents
and opponents arguments, as well as the overall size of the
ballot pamphlet. The cost per page in the ballot pamphlet varies
from $55,000 to $66,000. Larger ballots generally result in
less printing and mailing costs per page. The average number of
pages per measure since 2008 is ten and the minimum per measure
has been five pages.
This measure could result in significant savings if a member is
subsequently suspended and his or her salary and benefits are
forfeited. The current salary for a member of the Legislature
who is in a non-leadership position is $95,291. Per diem
payments average approximately $28,000 per year, while
forfeiting other benefits would generate additional savings of
several thousand dollars.
Background: 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
SCA 17 (Steinberg)
Page 1
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.
Proposed Law: SCA 17, upon voter approval, would provide that
each house may, by a vote of 2/3 of its membership, 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. The
motion or resolution must contain findings and declarations
setting forth the basis for the suspension. This measure would
prohibit a suspended member from exercising any of the rights,
privileges, duties, or powers of his or her office, or from
utilizing any resources of the Legislature while the suspension
is in effect. If the motion or resolution imposing the
suspension does not specify the date upon which the suspension
ends, this measure will require a vote of 2/3 of the membership
of the house to remove the suspension.
Staff Comments: An opinion issued by the Legislative Counsel
on February 25, 2014 confirmed 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 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.
On March 28, 2014, the Senate approved Senate Resolution 38
(Steinberg) which reads 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
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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.