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ACA-1 Legislature.(2009-2010)



Current Version: 12/01/08 - Introduced

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ACA1:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Assembly Constitutional Amendment
No. 1


Introduced  by  Assembly Member Silva

December 01, 2008


A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 8 of Article IV thereof, relating to the Legislature.


LEGISLATIVE COUNSEL'S DIGEST


ACA 1, as introduced, Silva. Legislature.
The California Constitution generally provides that no bill may be passed unless a majority of the membership of each house concurs.
This measure would provide that no bill that would result in more than $150,000 of annual expenditures by the state, as determined by the Department of Finance, may be passed unless, by rollcall vote entered in the journal, 2/3 of the membership of each house concurs. The Department of Finance would be required to analyze every bill introduced during a regular or special session of the Legislature and each amendment to that bill to determine whether the bill, as introduced or as amended, would result in more than $150,000 in annual expenditures by the state, and to submit this determination to the Senate Committee on Appropriations, the Assembly Committee on Appropriations, the Secretary of the Senate, the Chief Clerk of the Assembly, and the Legislative Counsel.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2009–10 Regular Session commencing on the first day of December 2008, 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 8 of Article IV thereof is amended to read:

SEC. 8.
 (a) At regular sessions no bill other than the budget bill may be heard or acted on by committee or either house until the 31st day after the bill is introduced unless the house dispenses with this requirement by rollcall vote entered in the journal, three fourths of the membership concurring.
(b) (1) The Legislature may make no law except by statute and may enact no statute except by bill. No bill may be passed unless it is read by title on 3 days in each house except that the house may dispense with this requirement by rollcall vote entered in the journal, two thirds of the membership concurring. No bill may be passed until the bill with amendments has been printed and distributed to the members. No bill may be passed unless, by rollcall vote entered in the journal, a majority of the membership of each house concurs.
(2) Notwithstanding the vote requirement in paragraph (1), no bill that would result in more than one hundred fifty thousand dollars ($150,000) of annual expenditures by the State, as determined by the Department of Finance, or its successor, may be passed unless, by rollcall vote entered in the journal, two thirds of the membership of each house concurs.
(3) The Department of Finance, or its successor, shall analyze every bill introduced during a regular or special session of the Legislature and each amendment to that bill to determine whether the bill, as introduced or as amended, would result in more than one hundred fifty thousand dollars ($150,000) in annual expenditures by the State. The Department of Finance, or its successor, shall submit in writing this determination to the Senate Committee on Appropriations, or its successor, the Assembly Committee on Appropriations, or its successor, the Secretary of the Senate, the Chief Clerk of the Assembly, and the Legislative Counsel as soon practicable after the bill is introduced or amended.
(c) (1) Except as provided in paragraphs (2) and (3) of this subdivision, a statute enacted at a regular session shall go into effect on January 1 next following a 90-day period from the date of enactment of the statute and a statute enacted at a special session shall go into effect on the 91st day after adjournment of the special session at which the bill was passed.
(2) A statute, other than a statute establishing or changing boundaries of any legislative, congressional, or other election district, enacted by a bill passed by the Legislature on or before the date the Legislature adjourns for a joint recess to reconvene in the second calendar year of the biennium of the legislative session, and in the possession of the Governor after that date, shall go into effect on January 1 next following the enactment date of the statute unless, before January 1, a copy of a referendum petition affecting the statute is submitted to the Attorney General pursuant to subdivision (d) of Section 10 of Article II, in which event the statute shall go into effect on the 91st day after the enactment date unless the petition has been presented to the Secretary of State pursuant to subdivision (b) of Section 9 of Article II.
(3) Statutes calling elections, statutes providing for tax levies or appropriations for the usual current expenses of the State, and urgency statutes shall go into effect immediately upon their enactment.
(d) Urgency statutes are those necessary for immediate preservation of the public peace, health, or safety. A statement of facts constituting the necessity shall be set forth in one section of the bill. In each house the section and the bill shall be passed separately, each by rollcall vote entered in the journal, two thirds of the membership concurring. An urgency statute may not create or abolish any office or change the salary, term, or duties of any office, or grant any franchise or special privilege, or create any vested right or interest.