BILL ANALYSIS
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THIRD READING
Bill No: SCA 20
Author: Perata (D)
Amended: 5/18/00
Vote: 27
SENATE ELECTIONS & REAP. COMMITTEE : 3-2, 5/17/00
AYES: Perata, Polanco, Murray
NOES: Poochigian, Lewis
SENATE CONST. AMENDMENTS COMMITTEE : 5-1, 5/24/00
AYES: Wright, Bowen, Burton, Kelley, O'Connell
NOES: Rainey
NOT VOTING: Sher
SENATE APPROPRIATIONS COMMITTEE : 8-4, 6/7/00
AYES: Johnston, Alpert, Bowen, Burton, Escutia, Kelley,
Perata, Vasconcellos
NOES: Johnson, Leslie, McPherson, Mountjoy
NOT VOTING: Karnette
SUBJECT : Legislature: term limits
SOURCE : Author
DIGEST : This bill revises the number of terms a senator
or a member of the Assembly may serve. This constitutional
amendment permits a senator to serve three terms and an
assembly member to serve six terms.
ANALYSIS : Article IV of Section 4 of the California
Constitution provides that senators shall serve no more
CONTINUED
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than two terms of four years each. Members of the Assembly
shall serve no more than three two-year terms. Those
provisions for legislative terms of office were imposed by
the passage of Proposition 140 of the 1990 general
election. Subsequently, the California Supreme Court
clarified that term limits pursuant to Proposition 140 are
lifetime limits ( Legislature v. Eu , 1991). Furthermore,
the Federal Courts have upheld the constitutional validity
of term limits for state office holders ( Bates v. Jones ,
131 F.3d 843).
This constitutional amendment will amend the Constitution
to provide that a state senator may serve no more than
three terms and a member of the Assembly may serve no more
than six terms. A partial term of less than one-half of a
full term does not court toward the term limit.
The revised terms of office will apply after December 4,
2000, and terms served to that date by most legislators
would not count against the revised limits. This
constitutional amendment provides an exception in that an
incumbent senator whose office is not on the ballot for the
November 7, 2000 general election and whose term expires in
2002, shall have his or her current term counted as the
first of three terms permitted under the proposed term
limit revision.
NOTE: This constitutional amendment pertains only to
members of the Legislature. It does not affect the
two-term limit imposed upon statewide office holders or
members of the State Board of Equalization pursuant to
Proposition 140.
Comments
The Constitution Revision Commission (CRC) recommended a
similar approach to term limits. In its 1996 final report,
the CRC recommended that members of both houses of the
Legislature serve three terms of four years each. The CRC
found that allowing longer term limits would increase the
stability and effectiveness of the Legislature, while
continuing to assure voters that members could not make
careers of legislative service. The CRC was concerned that
the current term limits do not allow enough time for
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legislators to develop the expertise necessary to perform
their responsibilities effectively.
Prior Legislation
This constitutional amendment is similar to SCA 35 (Maddy)
of 1998, which was approved by the Senate but was defeated
in the Assembly policy committee. SCA 35 passed the Senate
with a vote of 27-7, as follows:
AYES: Alpert, Ayala, Burton, Calderon, Costa, Dills,
Greene, Hayden, Hughes, Johnston, Kelley, Knight, Kopp,
Lewis, Lockyer, Maddy, McPherson, Mountjoy, O'Connell,
Polanco, Rosenthal, Sher, Solis, Thompson, Vasconcellos,
Watson, Wright
NOES: Brulte, Haynes, Hurtt, Johnson, Leslie, Monteith,
Rainey
NOT VOTING: Craven, Johannessen, Karnette, Peace, Schiff
ACA 21 (Papan) of 1998, failed passage on the Assembly
Floor.
Currently, ACA 2 (Papan) is pending on the Assembly Floor.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/7/00)
Consumer Federation of California
California Common Cause
California Independent Public Employees Legislative Council
California Labor Federation, AFL-CIO
California Medical Association
California Nurses Association
California Professional Firefighters
Neighbor to Neighbor
California School Employees Association
California Retailers Association
Congress of California Seniors
League of Women Voters of California
Macy's West
Planning and Conservation League
Sierra Club California
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R. William Hauck, Chairman (1994-1996)
California Constitution Revision Commission
Tony Miller, Attorney at Law
ARGUMENTS IN SUPPORT : According to the author's office,
term limits has resulted in a number of positive outcomes
for the Legislature. There is greater diversity, an influx
of new ideas, and greater emphasis on the needs of local
government, as more local elected officials become state
officeholders. However, the length of each legislative
term under Proposition 140 has resulted in some drawbacks.
There isn't enough time under the current limits for any
individual legislator to develop the expertise necessary to
tackle the increasingly complex issues that affect the
state - education, water, transportation, and health care,
just to name a few. In short, Band-Aid solutions have
tended to prevail over long-term reform.
As experience among elected decreases, and legislators are
in constant pursuit of higher office, special interests
have more influence than ever. More than 700 new interest
groups have emerged since 1990, while lobbying expenditures
have increased by more than $100 million. The amount of
money spent on campaigns is at an all-time high.
It was for these reasons that the independent, bi-partisan
CRC in 1996 recommended the very change that this
constitutional amendment advocates.
The solution is not to remove term limits. Instead, it is
to create a balance between the experience and time needed
to accomplish the job the voters have given us, while
preventing the deadlock, abuse of power and lack of
accountability that unlimited terms support.
DLW:cm 6/7/00 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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