BILL ANALYSIS �
SCA 17
Page 1
Date of Hearing: June 30, 2014
ASSEMBLY COMMITTEE ON RULES
Richard S. Gordon, Chair
SCA 17 (Steinberg) - As Amended: May 15, 2014
SENATE VOTE : 31-3
SUBJECT : Members of the Legislature: suspension.
SUMMARY : Upon voter approval, amends the California
Constitution to allow each house of the Legislature to suspend a
Member and deem the salary and benefits of that Member to be
forfeited. Specifically, this measure :
1)Provides that each house may, by a vote of two-thirds 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.
2)Prohibits a suspended Member from exercising any of the
rights, privileges, duties, or powers of his/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 bill requires a vote of two-thirds of
the membership of the house to remove the suspension.
EXISTING LAW: 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
(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/her term of office.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)One-time ballot printing/mailing costs of approximately
$275,000 - $550,000 (General Fund)
SCA 17
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2)Potential salary savings of tens of thousands of dollars
depending on suspensions (General Fund)
COMMENTS :
Author's Statement . "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. The
Constitution vests the [?] 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."
Background . Article IV, Section 5 of the California
Constitution allows the Legislature "to judge the qualifications
and elections of its Members and, by rollcall vote entered in
the journal, two thirds of the membership concurring, may expel
a Member." Further, Assembly Rule 119 dictates the application
of Article IV, Section 5, and Assembly Rule 120 provides
procedures for suspending a member convicted of a felony.
Whereas, the constitution provides for permanent expulsion, SCA
17 prescribes procedures for the suspension and removal of the
suspension (California Const. art. IV, � 5). Additionally, SCA
17 addresses the issue of whether the compensation and benefits
of a member can be suspended.
Censure, Expulsion and Other Disciplinary Actions in State
SCA 17
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Legislatures . According to the National Association of State
Legislatures, 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
suspended Senator Ronald Calderon, Senator Roderick Wright, and
Senator Leland Yee until all criminal proceedings currently
pending against them 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
salary or benefits of the Senator for the duration of the
suspension given the Constitution authorizes the Commission with
the responsibility to establish the annual salary and benefits
of Members of the Legislature.
SCA 17
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REGISTERED SUPPORT / OPPOSITION :
Support
None
Opposition
None.
Analysis Prepared by : Mukhtar Ali / RLS. / (916) 319-2800