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SCA-16 Members of the Legislature: vacancy.(2013-2014)

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SCA16:v98#DOCUMENT

Amended  IN  Senate  May 21, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Senate Constitutional Amendment
No. 16

Introduced by Senator Steinberg

February 20, 2014

A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 2 of Article IV thereof, relating to the Legislature.


LEGISLATIVE COUNSEL'S DIGEST


SCA 16, as amended, Steinberg. Members of the Legislature: vacancy.
The California Constitution requires the Governor to call an election to fill a vacancy occurring in either house of the Legislature.
This measure would instead require the Governor to fill a vacancy in either house of the Legislature by appointment within 21 days of the date of the vacancy, and would require that the appointee, at the time of the appointment and during the 12-month period immediately preceding the appointment, have the same political party preference as the vacating Member had when he or she was last elected to the Legislature. The measure would allow the house to which the appointment is made to reject the appointment, by a majority vote, within 21 days of the appointment, in which case the Governor would be required to make another appointment. If an appointment is not rejected, the appointee would be eligible to take office the day after the end of the 21-day period and would serve for the remainder of the term of the vacating Member, except as specified.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  
Resolved by the Senate, the Assembly concurring, That the Legislature of the State of California at its 2013–14 Regular Session commencing on the third day of December 2012, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California that the Constitution of the State be amended as follows:

 That Section 2 of Article IV thereof is amended to read:

SEC. 2.
 (a) (1) The Senate has a membership of 40 Senators elected for four-year terms, 20 to begin every two years.
(2) The Assembly has a membership of 80 Members elected for two-year terms.
(3) The term of a Senator or a Member of the Assembly shall commence on the first Monday in December next following her or his election.
(4) During her or his lifetime, a person may serve no more than 12 years in the Senate, the Assembly, or both, in any combination of terms. This paragraph shall apply only to those Members of the Senate or the Assembly who are first elected or appointed to the Legislature after June 5, 2012, and who have not previously served in the Senate or Assembly. Members of the Senate or Assembly who were elected on or before June 5, 2012, may serve only the number of terms allowed at the time of the last election before June 5, 2012.
(b) Election of Members of the Assembly shall be on the first Tuesday after the first Monday in November of even-numbered years unless otherwise prescribed by the Legislature. Senators shall be elected at the same time and places as Members of the Assembly.
(c) A person is ineligible to be a Member of the Legislature unless the person is an elector and has been a resident of the legislative district for one year, and a citizen of the United States and a resident of California for three years, immediately preceding his or her election or appointment, and service of the full term of office to which the person is seeking to be elected, or is to be appointed, would not exceed the maximum years of service permitted by paragraph (4) of subdivision (a).
(d) (1) (A) If a vacancy occurs in the Legislature, the Governor shall fill the vacancy by appointment within 21 days of the date of the vacancy.
(B) A person appointed pursuant to subparagraph (A) shall have, at the time of the appointment and during the 12-month period immediately preceding, the same political party preference as the vacating Member had at the time he or she was last elected to the Legislature. If the vacating Member declined to disclose a political party preference at the time he or she was last elected to the Legislature, the Governor may make an appointment regardless of political party preference.
(2) Within 21 days of an appointment made pursuant to paragraph (1), excluding any period during which the house is in recess, the house to which the appointment is made may reject the appointment by a rollcall vote entered in the journal, a majority of the membership of the house concurring. If the house rejects the appointment, the Governor shall make another appointment within 21 days of the date of the rejection, subject to rejection by the house pursuant to this paragraph.
(3) (A) If an appointment is not rejected pursuant to paragraph (2), the appointee is eligible to take office on the day following the 21-day period provided for in paragraph (2) and, except as provided in subparagraph (B), shall serve until the end of the term of the office to which the appointee is appointed.
(B) In the case of a seat in the Senate, the term of which does not end in the same year as the end of the biennium of the regular session of the Legislature during which the vacancy occurred, the appointee shall not serve the remainder of the unexpired term. Instead, a special election shall be held on the date of the a statewide general election immediately preceding the end of held in the biennium of the regular session during which the vacancy occurred to fill the remainder of the unexpired term, provided that the election occurs not sooner after the date of the vacancy than a period specified by statute. If a special election is not held pursuant to this subparagraph, the appointee shall serve the remainder of the unexpired term.