SECTION 1.The legislative power of
this State is vested in the California Legislature which consists of the Senate
and Assembly, but the people reserve to themselves the powers of initiative
and referendum.
SECTION 1.5.The people find and declare
that the Founding Fathers established a system of representative government
based upon free, fair, and competitive elections. The increased concentration
of political power in the hands of incumbent representatives has made our
electoral system less free, less competitive, and less representative.The ability of legislators
to serve unlimited number of terms, to establish their own retirement system,
and to pay for staff and support services at state expense contribute heavily
to the extremely high number of incumbents who are reelected. These unfair
incumbent advantages discourage qualified candidates from seeking public
office and create a class of career politicians, instead of the citizen
representatives envisioned by the Founding Fathers. These career politicians
become representatives of the bureaucracy, rather than of the people whom
they are elected to represent.To restore a free and
democratic system of fair elections, and to encourage qualified candidates
to seek public office, the people find and declare that the powers of incumbency
must be limited. Retirement benefits must be restricted, state-financed
incumbent staff and support services limited, and limitations placed upon
the number of terms which may be served.
(a) The Senate has a membership
of 40 Senators elected for 4-year terms, 20 to begin every 2 years. No Senator
may serve more than 2 terms. The Assembly has a membership of 80 members elected
for 2-year terms. No member of the Assembly may serve more than 3 terms. Their
terms shall commence on the first Monday in December next following their
election.(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 3 years, immediately preceding
the election.
(d) When a vacancy occurs
in the Legislature the Governor immediately shall call an election to fill
the vacancy.SECTION 3.
(a) The Legislature shall
convene in regular session at noon on the first Monday in December of each
even-numbered year and each house shall immediately organize. Each session
of the Legislature shall adjourn sine die by operation of the Constitution
at midnight on November 30 of the following even-numbered year.(b) On extraordinary occasions
the Governor by proclamation may cause the Legislature to assemble in special
session. When so assembled it has power to legislate only on subjects specified
in the proclamation but may provide for expenses and other matters incidental
to the session.SECTION 4.
(a) To eliminate any appearance
of a conflict with the proper discharge of his or her duties and responsibilities,
no Member of the Legislature may knowingly receive any salary, wages, commissions,
or other similar earned income from a lobbyist or lobbying firm, as defined
by the Political Reform Act of 1974, or from a person who, during the previous
12 months, has been under a contract with the Legislature. The Legislature
shall enact laws that define earned income. However, earned income does not
include any community property interest in the income of a spouse. Any Member
who knowingly receives any salary, wages, commissions, or other similar earned
income from a lobbyist employer, as defined by the Political Reform Act of
1974, may not, for a period of one year following its receipt, vote upon or
make, participate in making, or in any way attempt to use his or her official
position to influence an action or decision before the Legislature, other
than an action or decision involving a bill described in subdivision (c) of
Section 12 of this article, which he or she knows, or has reason to know,
would have a direct and significant financial impact on the lobbyist employer
and would not impact the public generally or a significant segment of the
public in a similar manner. As used in this subdivision, "public generally"
includes an industry, trade, or profession.(b) Travel and living expenses
for Members of the Legislature in connection with their official duties shall
be prescribed by statute passed by rollcall vote entered in the journal, two-thirds
of the membership of each house concurring. A Member may not receive travel
and living expenses during the times that the Legislature is in recess for
more than three calendar days, unless the Member is traveling to or from,
or is in attendance at, any meeting of a committee of which he or she is a
member, or a meeting, conference, or other legislative function or responsibility
as authorized by the rules of the house of which he or she is a member, which
is held at a location at least 20 miles from his or her place of residence.(c) The Legislature may
not provide retirement benefits based on any portion of a monthly salary in
excess of five hundred dollars ($500) paid to any Member of the Legislature
unless the Member receives the greater amount while serving as a Member in
the Legislature. The Legislature may, prior to their retirement, limit the
retirement benefits payable to Members of the Legislature who serve during
or after the term commencing in 1967.When computing the retirement
allowance of a Member who serves in the Legislature during the term commencing
in 1967 or later, allowance may be made for increases in cost of living if
so provided by statute, but only with respect to increases in the cost of
living occurring after retirement of the Member. However, the Legislature
may provide that no Member shall be deprived of a cost of living adjustment
based on a monthly salary of five hundred dollars ($500) which has accrued
prior to the commencement of the 1967 Regular Session of the Legislature.
SECTION 4.5.Notwithstanding any other
provision of this Constitution or existing law, a person elected to or serving
in the Legislature on or after November 1, 1990, shall participate in the
Federal Social Security (Retirement, Disability, Health Insurance) Program
and the State shall pay only the employer's share of the contribution necessary
to such participation. No other pension or retirement benefit shall accrue
as a result of service in the Legislature, such service not being intended
as a career occupation. This Section shall not be construed to abrogate
or diminish any vested pension or retirement benefit which may have accrued
under an existing law to a person holding or having held office in the Legislature,
but upon adoption of this Act no further entitlement to nor vesting in any
existing program shall accrue to any such person, other than Social Security
to the extent herein provided.SECTION 5.
(a) Each house shall 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.
(b) No Member of the Legislature
may accept any honorarium. The Legislature shall enact laws that implement
this subdivision.(c) The Legislature shall
enact laws that ban or strictly limit the acceptance of a gift by a Member
of the Legislature from any source if the acceptance of the gift might create
a conflict of interest.(d) No Member of the Legislature
may knowingly accept any compensation for appearing, agreeing to appear, or
taking any other action on behalf of another person before any state government
board or agency. If a Member knowingly accepts any compensation for appearing,
agreeing to appear, or taking any other action on behalf of another person
before any local government board or agency, the Member may not, for a period
of one year following the acceptance of the compensation, vote upon or make,
participate in making, or in any way attempt to use his or her official position
to influence an action or decision before the Legislature, other than an action
or decision involving a bill described in subdivision (c) of Section 12 of
this article, which he or she knows, or has reason to know, would have a direct
and significant financial impact on that person and would not impact the public
generally or a significant segment of the public in a similar manner. As used
in this subdivision, "public generally" includes an industry, trade,
or profession. However, a Member may engage in activities involving a board
or agency which are strictly on his or her own behalf, appear in the capacity
of an attorney before any court or the Workers' Compensation Appeals Board,
or act as an advocate without compensation or make an inquiry for information
on behalf of a person before a board or agency. This subdivision does not
prohibit any action of a partnership or firm of which the Member is a member
if the Member does not share directly or indirectly in the fee, less any expenses
attributable to that fee, resulting from that action.(e) The Legislature shall
enact laws that prohibit a Member of the Legislature whose term of office
commences on or after December 3, 1990, from lobbying, for compensation, as
governed by the Political Reform Act of 1974, before the Legislature for 12
months after leaving office.
(f) The Legislature shall
enact new laws, and strengthen the enforcement of existing laws, prohibiting
Members of the Legislature from engaging in activities or having interests
which conflict with the proper discharge of their duties and responsibilities.
However, the people reserve to themselves the power to implement this requirement
pursuant to Article II.SECTION 6.
For the purpose of choosing
members of the Legislature, the State shall be divided into 40 Senatorial
and 80 Assembly districts to be called Senatorial and Assembly Districts.
Each Senatorial district shall choose one Senator and each Assembly district
shall choose one member of the Assembly.SECTION 7.
(a) Each house shall choose
its officers and adopt rules for its proceedings. A majority of the membership
constitutes a quorum, but a smaller number may recess from day to day and
compel the attendance of absent members.
(b) Each house shall keep
and publish a journal of its proceedings. The rollcall vote of the members
on a question shall be taken and entered in the journal at the request of
3 members present.(c)
(1) The proceedings of each
house and the committees thereof shall be open and public. However, closed
sessions may be held solely for any of the following purposes:
(A) To consider the appointment,
employment, evaluation of performance, or dismissal of a public officer
or employee, to consider or hear complaints or charges brought against a
Member of the Legislature or other public officer or employee, or to establish
the classification or compensation of an employee of the Legislature.(B) To consider matters
affecting the safety and security of Members of the Legislature or its
employees or the safety and security of any buildings and grounds used
by the Legislature.
(C) To confer with,
or receive advice from, its legal counsel regarding pending or reasonably
anticipated, or whether to initiate, litigation when discussion in open
session would not protect the interests of the house or committee regarding
the litigation.
(2) A caucus of the Members
of the Senate, the Members of the Assembly, or the Members of both houses,
which is composed of the members of the same political party, may meet in
closed session. (3) The Legislature shall implement this subdivision by concurrent
resolution adopted by rollcall vote entered in the journal, two-thirds of
the membership of each house concurring, or by statute, and shall prescribe
that, when a closed session is held pursuant to paragraph (1), reasonable
notice of the closed session and the purpose of the closed session shall be
provided to the public. If there is a conflict between a concurrent resolution
and statute, the last adopted or enacted shall prevail.
(d) Neither house without the
consent of the other may recess for more than 10 days or to any other place.
SECTION 7.5.
In the fiscal year immediately
following the adoption of this Act, the total aggregate expenditures of the
Legislature for the compensation of members and employees of, and the operating
expenses and equipment for, the Legislature may not exceed an amount equal
to nine hundred fifty thousand dollars ($950,000) per member for that fiscal
year or 80 percent of the amount of money expended for those purposes in the
preceding fiscal year, whichever is less. For each fiscal year thereafter,
the total aggregate expenditures may not exceed an amount equal to that expended
for those purposes in the preceding fiscal year, adjusted and compounded by
an amount equal to the percentage increase in the appropriations limit for
the State established pursuant to Article XIIIB.(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) 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.(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.SECTION 9.
A statute shall embrace
but one subject, which shall be expressed in its title. If a statute embraces
a subject not expressed in its title, only the part not expressed is void.
A statute may not be amended by reference to its title. A section of a statute
may not be amended unless the section is re-enacted as amended.(a) Each bill passed by
the Legislature shall be presented to the Governor. It becomes a statute if
it is signed by the Governor. The Governor may veto it by returning it with
any objections to the house of origin, which shall enter the objections in
the journal and proceed to reconsider it. If each house then passes the bill
by rollcall vote entered in the journal, two thirds of the membership concurring,
it becomes a statute.(b)
(1) Any bill, other than
a bill which would establish or change boundaries of any legislative, congressional,
or other election district, 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, that is not returned within 30 days after that
date becomes a statute.(2) Any bill passed by
the Legislature before September 1 of the second calendar year of the biennium
of the legislative session and in the possession of the Governor on or after
September 1 that is not returned on or before September 30 of that year
becomes a statute.(3) Any other bill presented
to the Governor that is not returned within 12 days becomes a statute.(4) If the Legislature
by adjournment of a special session prevents the return of a bill with the
veto message, the bill becomes a statute unless the Governor vetoes the
bill within 12 days after it is presented by depositing it and the veto
message in the office of the Secretary of State.(5) If the 12th day of
the period within which the Governor is required to perform an act pursuant
to paragraph (3) or (4) of this subdivision is a Saturday, Sunday, or holiday,
the period is extended to the next day that is not a Saturday, Sunday, or
holiday.
(c) Any bill introduced during
the first year of the biennium of the legislative session that has not been
passed by the house of origin by January 31 of the second calendar year of the
biennium may no longer be acted on by the house. No bill may be passed by either
house on or after September 1 of an even-numbered year except statutes calling
elections, statutes providing for tax levies or appropriations for the usual
current expenses of the State, and urgency statutes, and bills passed after
being vetoed by the Governor.(d) The Legislature may
not present any bill to the Governor after November 15 of the second calendar
year of the biennium of the legislative session.(e) The Governor may reduce
or eliminate one or more items of appropriation while approving other portions
of a bill. The Governor shall append to the bill a statement of the items
reduced or eliminated with the reasons for the action. The Governor shall
transmit to the house originating the bill a copy of the statement and reasons.
Items reduced or eliminated shall be separately reconsidered and may be passed
over the Governor's veto in the same manner as bills.SECTION 11.
The Legislature or either
house may by resolution provide for the selection of committees necessary
for the conduct of its business, including committees to ascertain facts and
make recommendations to the Legislature on a subject within the scope of legislative
control.SECTION 12.
(a) Within the first 10
days of each calendar year, the Governor shall submit to the Legislature,
with an explanatory message, a budget for the ensuing fiscal year containing
itemized statements for recommended state expenditures and estimated state
revenues. If recommended expenditures exceed estimated revenues, the Governor
shall recommend the sources from which the additional revenues should be provided.(b) The Governor and the
Governor-elect may require a state agency, officer or employee to furnish
whatever information is deemed necessary to prepare the budget.(c) The budget shall be
accompanied by a budget bill itemizing recommended expenditures. The bill
shall be introduced immediately in each house by the persons chairing the
committees that consider appropriations. The Legislature shall pass the budget
bill by midnight on June 15 of each year. Until the budget bill has been enacted,
the Legislature shall not send to the Governor for consideration any bill
appropriating funds for expenditure during the fiscal year for which the budget
bill is to be enacted, except emergency bills recommended by the Governor
or appropriations for the salaries and expenses of the Legislature.
(d) No bill except the budget
bill may contain more than one item of appropriation, and that for one certain,
expressed purpose. Appropriations from the General Fund of the State, except
appropriations for the public schools, are void unless passed in each house
by rollcall vote entered in the journal, two thirds of the membership concurring.(e) The Legislature may
control the submission, approval, and enforcement of budgets and the filing
of claims for all state agencies.SECTION 13.
A member of the Legislature
may not, during the term for which the member is elected, hold any office
or employment under the State other than an elective office.SECTION 14.
A member of the Legislature
is not subject to civil process during a session of the Legislature or for
5 days before and after a session.SECTION 15.
A person who seeks to influence
the vote or action of a member of the Legislature in the member's legislative
capacity by bribery, promise of reward, intimidation, or other dishonest means,
or a member of the Legislature so influenced, is guilty of a felony.SECTION 16.
(a) All laws of a general
nature have uniform operation.
(b) A local or special statute
is invalid in any case if a general statute can be made applicable.SECTION 17.
The Legislature has no power
to grant, or to authorize a city, county, or other public body to grant, extra
compensation or extra allowance to a public officer, public employee, or contractor
after service has been rendered or a contract has been entered into and performed
in whole or in part, or to authorize the payment of a claim against the State
or a city, county, or other public body under an agreement made without authority
of law.SECTION 18.
(a) The Assembly has the
sole power of impeachment. Impeachments shall be tried by the Senate. A person
may not be convicted unless, by rollcall vote entered in the journal, two
thirds of the membership of the Senate concurs.
(b) State officers elected
on a statewide basis, members of the State Board of Equalization, and judges
of state courts are subject to impeachment for misconduct in office. Judgment
may extend only to removal from office and disqualification to hold any office
under the State, but the person convicted or acquitted remains subject to
criminal punishment according to law.SECTION 19.
(a) The Legislature has
no power to authorize lotteries and shall prohibit the sale of lottery tickets
in the State.(b) The Legislature may
provide for the regulation of horse races and horse race meetings and wagering
on the results.(c) Notwithstanding subdivision
(a) the Legislature by statute may authorize cities and counties to provide
for bingo games, but only for charitable purposes.
(d) Notwithstanding subdivision
(a), there is authorized the establishment of a California State Lottery.(e) The Legislature has
no power to authorize, and shall prohibit casinos of the type currently operating
in Nevada and New Jersey.SECTION 20.
(a) The Legislature may
provide for division of the State into fish and game districts and may protect
fish and game in districts or parts of districts.(b) There is a Fish and
Game Commission of 5 members appointed by the Governor and approved by the
Senate, a majority of the membership concurring, for 6-year terms and until
their successors are appointed and qualified. Appointment to fill a vacancy
is for the unexpired portion of the term. The Legislature may delegate to
the commission such powers relating to the protection and propagation of fish
and game as the Legislature sees fit. A member of the commission may be removed
by concurrent resolution adopted by each house, a majority of the membership
concurring.
SECTION 21.
To meet the needs resulting
from war-caused or enemy-caused disaster in California, the Legislature may
provide for: (a) Filling the offices of members of the Legislature should
at least one fifth of the membership of either house be killed, missing, or
disabled, until they are able to perform their duties or successors are elected.(b) Filling the office of
Governor should the Governor be killed, missing, or disabled, until the Governor
or the successor designated in this Constitution is able to perform the duties
of the office of Governor or a successor is elected.(c) Convening the Legislature.
(d) Holding elections to
fill offices that are elective under this Constitution and that are either
vacant or occupied by persons not elected thereto.
(e) Selecting a temporary
seat of state or county government.SECTION 22.
It is the right of the people
to hold their legislators accountable. To assist the people in exercising
this right, at the convening of each regular session of the Legislature, the
President pro Tempore of the Senate, the Speaker of the Assembly, and the
minority leader of each house shall report to their house the goals and objectives
of that house during that session and, at the close of each regular session,
the progress made toward meeting those goals and objectives.SECTION 23.
(a) Notwithstanding any
other provision of this Constitution, no bill shall take effect as an urgency
statute if it authorizes or contains an appropriation for either (1) the alteration
or modification of the color, detail, design, structure or fixtures of the
historically restored areas of the first, second, and third floors and the
exterior of the west wing of the State Capitol from that existing upon the
completion of the project of restoration or rehabilitation of the building
conducted pursuant to Section 9124 of the Government Code as such section
read upon the effective date of this section, or (2) the purchase of furniture
of different design to replace that restored, replicated, or designed to conform
to the historic period of the historically restored areas specified above,
including the legislators' chairs and desks in the Senate and Assembly Chambers.
(b) No expenditures shall
be made in payment for any of the purposes described in subdivision (a) of
this section unless funds are appropriated expressly for such purposes.(c) This section shall not
apply to appropriations or expenditures for ordinary repair and maintenance
of the State Capitol building, fixtures and furniture.
Adapted from: http://www.leginfo.ca.gov/.const/.article_2
HTML version created 21 July 1998
