SCA 9 Senate Constitutional Amendment

BILL NUMBER: SCA 9	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 14, 2007

INTRODUCED BY    Senator   Ashburn 
 Senators   Ashburn   and Perata 
    (   Coauthor:   Assembly Member  
Maze   ) 

                        APRIL 16, 2007

   A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Sections 4
and 8 of Article III thereof, by amending Sections 2  , 3 
, 12, and 22 of, and adding Section 3.5 to, Article IV thereof, by
amending Section 7 of Article XX thereof, and by amending Section 1
of, and adding Sections 2, 3, 4, 5, 6, and 7 to, Article XXI thereof,
relating to the partial revision of the Constitution by the creation
of and transfer of legislative duties to the Independent
Redistricting Commission, terms and service of Members of the
Legislature, and the state budget.



	LEGISLATIVE COUNSEL'S DIGEST


   SCA 9, as amended, Ashburn. Legislative reform: redistricting
 and   ,  term  limits  , salary,
and contribution  limits   reports  .
   (1) Existing provisions of the California Constitution prohibit a
Senator from serving more than 2 terms of 4 years each and a Member
of the Assembly from serving more than 3 terms of 2 years each.
   This measure would instead allow a person, during his or her
lifetime, to serve not more than 12 years in the Senate, the
Assembly, or both, in any combination of terms, except that a Senator
or Member of the Assembly in office on the effective date of this
measure, whether or not he or she has previously served in the other
house, would be eligible to serve a total of 12 consecutive years in
the house in which he or she is currently serving.
   (2)  The Constitution requires the Legislature to convene in
regular session at noon on the first Monday in December of  
each even-numbered year, when each house shall immediately organize.
The Constitution requires each session of the Legislature to adjourn
sine die by operation of the Constitution at midnight on November 30
of the following even-numbered year.  
   This measure would require that the Legislature, when adjourned
for a joint recess or during other appropriate times, conduct
hearings and studies on the oversight of state government operations,
evaluation of existing laws, and research and education about
long-term improvement of state government. The measure would require
that Members return to their districts during session for constituent
meetings at least once each week and for town hall meetings at least
quarterly. The measure would require that the Chief Clerk of the
Assembly and the Secretary of the Senate report on a public Web site
the number of oversight hearings, town hall meetings, and district
constituent meetings attended by each Member. The measure would
prohibit the Legislature from recessing or adjourning during the
consideration of the state budget until it has passed and presented
to the Governor the annual Budget Bill. 
    (3)    Existing law, the Political Reform Act
of 1974,  limits the amount of moneys that a person may
contribute to   requires   reporting of
contributions made to  a candidate for elective state office.
 Certain contributions are required to be reported to the Fair
Political Practices Commission within 24 hours by the contributor and
the recipient. 
   This  bill   measure  would 
prohibit   require reports to the Fair Political
Practices Commission concerning  contributions  totaling
$1,000 or more that are made  to the Governor  and to
Members   or a Member  of the Legislature during a
specified state budget time period  and   or
 a specified period prior to the end of the  first
  1st  year  and   or 
2nd year of a legislative session  .  It would also 
prohibit   require the reporting of  contributions
 in that amount that are made  to the Governor during a
specified period  after   immediately following
 the end of the  first   1st  year
 and   or  2nd year of a legislative
session. 
   (3) 
    (4)  Existing provisions of the California Constitution
require the Legislature to pass a Budget Bill by June 15 of each
year.
   This measure would  require   provide 
that, if a Budget Bill is not passed by July 1, Members of the
Legislature would not receive any salary from July 1 to the date a
Budget Bill is passed and sent to the Governor. It would provide that
once a budget bill is passed and sent to the Governor, a Member of
the Legislature  shall   would 
retroactively receive any salary  that was  due
 during   for  that period of time.
   This measure would also require that, if the Legislature fails to
pass a Budget Bill by July 1 of any year, both houses of the
Legislature meet daily until it does so. 
   (4) 
    (5)  The California Constitution states the right of the
people to hold their legislators accountable and, in implementation
of that right, imposes certain reporting duties upon specified
legislative leaders.
   This measure would, in addition, state the right of the people to
have reasonable opportunities to meet and communicate with Members of
the Legislature and, in implementation of that right, would require
Members of the Legislature to attend quarterly meetings and maintain
regular office hours in their districts. 
   (5) 
    (6)  The California Constitution requires the
Legislature, in the year following the year in which the federal
census is taken at the beginning of each decade, to adjust the
boundary lines of the state Senate, Assembly, congressional, and
State Board of Equalization districts in accordance with specified
standards.
   This measure would revise these provisions to apply only to the
adjustment of the boundary lines of congressional districts.
   This measure would, with respect to adjusting the boundary lines
of Senate, Assembly, and State Board of Equalization districts,
require the establishment of a pool of 55 candidates for appointment
to an 11-member independent restricting commission, as nominated by a
panel of 10 retired superior court judges or judges of the Court of
Appeal appointed by the Judicial Council. This measure would
authorize officers of the Senate and Assembly to each strike 4
candidates from the pool of nominees, would require the selection and
appointment of the commission members from the remaining pool by the
Fair Political Practices Commission, and would provide for the
filling of vacancies on the commission and the removal of members.
   This measure would provide that certain records of the
redistricting commission are subject to the California Public Records
Act and would require the commission to hold public hearings.
   This measure would grant the California Supreme Court original and
exclusive jurisdiction over all challenges to a redistricting plan
adopted by the commission, and would authorize an affected elector to
file a petition for a writ of mandate or prohibition within 45 days
after the commission has certified the plan to the Secretary of
State. The Supreme Court would be required to act expeditiously on
the petition. If the plan is held to violate the California
Constitution, the United States Constitution, or any federal statute,
this measure would require the court to provide relief as it deems
appropriate to remedy that violation and to otherwise accomplish the
purposes of this measure.
   This measure would require the Governor in 2010, and annually
thereafter, to include in the Governor's Budget submitted to the
Legislature an amount of funding sufficient to meet estimated
redistricting expenses, and would require that the necessary
appropriation be made in the annual Budget Act. It would authorize
the commission to contract and to hire staff and consultants,
including legal representation, for purposes of this measure. It
would provide that the panelists and commissioners would receive a
per diem of $150 for each day of attendance at a meeting of the panel
or commission and for actual and necessary traveling expenses.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.



   WHEREAS, This measure shall be known and may be cited as the "Term
Limits and Legislative Reform Act"; and
   WHEREAS, The people of California find and declare all of the
following: 
   (1) Under a constitutional measure approved in 1990, a Member of
the Legislature may serve a total of 14 years, consisting of no more
than 6 years in the Assembly and no more than 8 years in the Senate;
 
   (2) A variety of academic and public policy groups, some of which
once supported term limits, have studied the effect of term limits in
California and have concluded that our law is in need of reform to
make government work for the people;  
   (3) California faces many complex and critical issues ranging from
underperforming schools to global warming to inadequate health care.
The legislation required to solve these problems can take years to
develop and pass, and Members of the Legislature must spend
substantial amounts of time acquiring the knowledge of these matters
and obtaining the kind of support among their colleagues necessary to
address these urgent issues;  
   (4) Currently, term limits produce a turnover that does not allow
legislators enough time to build and fully utilize leadership skills
or expertise in making public policy, and thus our most knowledgeable
and experienced legislators must leave the Assembly or the Senate
prematurely, depriving us of their skill and expertise; 

   (5) When legislators lack the necessary skills to engage in
effective lawmaking, legislative process becomes much more heavily
influenced by lobbyists, veteran staff, and officials from the
executive branch of government;  
   (6) The state should also reform term limits to put an end to
constant campaign fundraising and to allow legislators to work
together more effectively across partisan lines;  
   (7) Legislative terms should be modified so that legislators have
time to acquire the public policy and legislative expertise necessary
to resolve the difficult issues facing the state, and to reduce the
current rotation of legislators from one elected public office to
another, which compromises institutional knowledge of public policy;
 
   (8) The National Conference of State Legislatures, Council of
State Governments, and State Legislative Leaders Forum issued a
report concluding that "the effects of term limits on Sacramento's
policymaking processes have been more profound," including "a
widespread sense in Sacramento that something needs to be done soon
to provide more stability and expertise to the Legislature's
policymaking process";  
   (9) The state needs to reform California's term limits law to
permit Members of the Legislature to remain in a single house for a
longer period of time while reducing the total number of years that
new legislators may serve; and 
    WHEREAS, The report entitled Joint Project on Term Limits
2004, by the National Conference of State Legislatures, Council of
State Governments, and State Legislative Leaders' Foundation,
additionally determined the following:
   (1) "In both houses, committees now screen out fewer bills
assigned to them and are more likely to see their work rewritten at
later stages";
   (2) "The practice of 'hijacking' Assembly bills-gutting their
contents and amending them thoroughly in the Senate-has increased
sharply";
   (3) "As a body, the Legislature is less likely to alter the
Governor's budget, and its own budget process neither encourages
fiscal discipline nor links legislators' requests to overall spending
goals";
   (4) "Legislative oversight of the executive branch has declined
significantly"; and  
   (1) We are a state of more than 37 million people, of immense
ethnic and cultural diversity, with an economy that ranks California
as a world power among nation-states, and with public universities,
research institutions, and facilities that are the envy of the world;
 
   (2) Because of our size, diversity, and complexity, California's
future depends upon institutions of government that enjoy the trust
and confidence of the people they serve, with the stability to make
difficult and complex decisions;  
   (3) A comprehensive report prepared by the distinguished
Constitutional Revision Commission approximately 10 years ago
concluded that changes to the legislative process were necessary to
allow the Legislature to respond effectively and reliably to
California's needs. These changes are long overdue and are badly
needed to do all of the following:  
   (A) Modernize the legislative process. 
   (B) Make the legislative process more effective and reliable.
 
   (C) Restore the public's confidence in the integrity of the
legislative process;  
   (4) The way the Legislature spends its time must be changed.
Although each legislative session is two years long, Members of the
Legislature currently do not spend sufficient time overseeing the
operations of state government, evaluating existing laws, or learning
about important emerging policy issues and challenges. The
Legislature must conduct more oversight hearings and investigate the
effectiveness of statutes or programs to determine if they are
meeting their intended objectives;  
   (5) Members of the Legislature currently do not spend sufficient
time in the districts they represent meeting with constituents or
holding town hall meetings so that they may learn more about voters'
needs and views. Members of the Legislature should be required to
meet regularly with those who vote them into office;  
   (6) Instead of passing a budget on time, Members of the
Legislature spend time in recess and not working to resolve their
political differences. The Legislature should be required to stay in
session without a break until a budget is adopted;  
   (7) Voters should know that individual Members of the Legislature
are working effectively and reliably on behalf of their constituents.
One way to achieve this goal is to require legislative report cards
for each Member of the Legislature, to document how he or she has
spent his or her time while in session. Those report cards should be
available on a public Web site;  
   (8) Many of our state's widely respected scholars and public
policy advocates, and the Constitution Revision Commission, have
lamented that California's limits on legislative terms have sharply
reduced the ability and inclination of lawmakers to address complex
and long-term issues, thus making the Legislature less effective and
reliable;  
   (9) Californians cannot have confidence in a Legislature
handicapped by inexperience and unable to devote itself to the State'
s long-term needs. Recent studies have shown that, since the
enactment of the current term limits, the frequency of oversight
hearings on the operations of state government and California's
long-term needs has declined dramatically;  
   (10) Revising the current limit of eight years in the State Senate
and six years in the State Assembly so that Members of the
Legislature may serve a total of 12 years in either house will allow
the Members to focus on the long-term needs of the State, thus making
the Legislature more effective and reliable;  
   (11) There is an urgent need to improve public confidence in the
Legislature and the Governor by ensuring that their actions are meant
to benefit the state over the long term and that their actions are
undertaken solely in the public interest;  
   (12) Gifts from those who attempt to influence elected officials
undermine the effectiveness of the legislative process. Because the
Governor, in approving or vetoing a bill, acts in a legislative
function, any reform to the legislative process must also address the
role of the Governor. Members of the Legislature and the Governor
must be banned from receiving any gifts whatsoever from lobbyists,
lobbying firms, or those who employ or retain lobbyists, and from
persons seeking contracts with the State; 
   (13) Campaign contributions have also impacted the effectiveness
of the legislative process. Lobbyists and lobbying firms must be
prohibited from making or arranging for campaign contributions to
Members of the Legislature or the Governor while the state budget is
under consideration; and 
   WHEREAS, It is the intent of the people of California in approving
this measure to do all of the following with respect to term limits:

   (1) Provide greater stability and expertise in the Legislature's
policymaking process;
   (2) Reduce the total number of years that new Members may serve in
the Legislature from 14 to 12, to prevent Members from becoming
entrenched and to promote the opportunity for others to serve;
   (3) Permit legislators to gain the knowledge and experience
necessary to tackle the critical issues facing our state;
   (4) Afford current members of the Senate and the Assembly the same
opportunity to serve 12 years in a single house as newly elected
members and preserve existing law regarding uncompleted terms; now,
therefore, be it
   Resolved by the Senate, the Assembly concurring, That the
Legislature of the State of California at its 2007-08 Regular Session
commencing on the fourth day of December 2006, 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
revised as follows:
  First--  That Section 4 of Article III thereof is amended to read:
      SEC. 4.  (a) Except as provided in subdivision (b) of this
section or in subdivision (m) of Section 8, salaries of elected state
officers may not be reduced during their term of office. Laws that
set these salaries are appropriations.
   (b) Beginning on January 1, 1981, the base salary of a judge of a
court of record shall equal the annual salary payable as of July 1,
1980, for that office had the judge been elected in 1978. The
Legislature may prescribe increases in those salaries during a term
of office, and it may terminate prospective increases in those
salaries at any time during a term of office, but it shall not reduce
the salary of a judge during a term of office below the highest
level paid during that term of office. Laws setting the salaries of
judges shall not constitute an obligation of contract pursuant to
Section 9 of Article I or any other provision of law.
  Second--  That Section 8 of Article III thereof is amended to read:

      SEC. 8.  (a) The California Citizens Compensation Commission is
hereby created and shall consist of seven members appointed by the
Governor. The commission shall establish the annual salary and the
medical, dental, insurance, and other similar benefits of state
officers.
   (b) The commission shall consist of the following persons:
   (1) Three public members, one of whom has expertise in the area of
compensation, such as an economist, market researcher, or personnel
manager; one of whom is a member of a nonprofit public interest
organization; and one of whom is representative of the general
population and may include, among others, a retiree, homemaker, or
person of median income. No person appointed pursuant to this
paragraph may, during the 12 months prior to his or her appointment,
have held public office, either elective or appointive, have been a
candidate for elective public office, or have been a lobbyist, as
defined by the Political Reform Act of 1974.
   (2) Two members who have experience in the business community, one
of whom is an executive of a corporation incorporated in this State
which ranks among the largest private sector employers in the State
based on the number of employees employed by the corporation in this
State and one of whom is an owner of a small business in this State.
   (3) Two members, each of whom is an officer or member of a labor
organization.
   (c) The Governor shall strive insofar as practicable to provide a
balanced representation of the geographic, gender, racial, and ethnic
diversity of the State in appointing commission members.
   (d) The Governor shall appoint commission members and designate a
chairperson for the commission not later than 30 days after the
effective date of this section. The terms of two of the initial
appointees shall expire on December 31, 1992, two on December 31,
1994, and three on December 31, 1996, as determined by the Governor.
Thereafter, the term of each member shall be six years. Within 15
days of any vacancy, the Governor shall appoint a person to serve the
unexpired portion of the term.
   (e) No current or former officer or employee of this State is
eligible for appointment to the commission.
   (f) Public notice shall be given of all meetings of the
commission, and the meetings shall be open to the public.
   (g) On or before December 3, 1990, the commission shall, by a
single resolution adopted by a majority of the membership of the
commission, establish the annual salary and the medical, dental,
insurance, and other similar benefits of state officers. The annual
salary and benefits specified in that resolution shall be effective
on and after December 3, 1990.
   Thereafter, by midnight on June 30 of each year, the commission
shall, by a single resolution adopted by a majority of the membership
of the commission, adjust the annual salary and the medical, dental,
insurance, and other similar benefits of state officers. The annual
salary and benefits specified in the resolution shall be effective on
and after the first Monday of the next December.
   (h) In establishing or adjusting the annual salary and the
medical, dental, insurance, and other similar benefits, the
commission shall consider all of the following:
   (1) The amount of time directly or indirectly related to the
performance of the duties, functions, and services of a state
officer.
   (2) The amount of the annual salary and the medical, dental,
insurance, and other similar benefits for other elected and appointed
officers and officials in this State with comparable
responsibilities, the judiciary, and, to the extent practicable, the
private sector, recognizing, however, that state officers do not
receive, and do not expect to receive, compensation at the same
levels as individuals in the private sector with comparable
experience and responsibilities.
   (3) The responsibility and scope of authority of the entity in
which the state officer serves.
   (i) Except as provided in subdivision (m), until a resolution
establishing or adjusting the annual salary and the medical, dental,
insurance, and other similar benefits for state officers takes
effect, each state officer shall continue to receive the same annual
salary and the medical, dental, insurance, and other similar benefits
received previously.
   (j) All commission members shall receive their actual and
necessary expenses, including travel expenses, incurred in the
performance of their duties. Each member shall be compensated at the
same rate as members, other than the chairperson, of the Fair
Political Practices Commission, or its successor, for each day
engaged in official duties, not to exceed 45 days per year.
   (k) It is the intent of the Legislature that the creation of the
commission should not generate new state costs for staff and
services. The Department of Personnel Administration, the Board of
Administration of the Public Employees' Retirement System, or other
appropriate agencies, or their successors, shall furnish, from
existing resources, staff and services to the commission as needed
for the performance of its duties.
   (l) "State officer," as used in this section, means the Governor,
Lieutenant Governor, Attorney General, Controller, Insurance
Commissioner, Secretary of State, Superintendent of Public
Instruction, Treasurer, member of the State Board of Equalization,
and Member of the Legislature.
   (m) If a budget bill is not passed by the Legislature and sent to
the Governor by July 1, a Member of the Legislature shall not receive
any salary from that date until a budget bill is passed and sent to
the Governor. Once a budget bill is passed and sent to the Governor,
a Member of the Legislature shall retroactively receive any salary
that was due during that period of time.
  Third--  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 4-year terms, 20 to begin every 2 years.
   (2) The Assembly has a membership of 80 members elected for 2-year
terms.
   (3) The term of a Senator or a Member of the Assembly shall
commence on the first Monday in December next following his or her
election.
   (4) (A) Except as otherwise provided by subparagraph (B), during
his or her lifetime a person may serve not more than 12 years in the
Senate, the Assembly, or both, in any combination of terms.
   (B) A Member of the Senate or the Assembly, who is in office on
the effective date of the measure adding this subparagraph may serve
12 consecutive years in the house in which he or she is currently
serving, regardless of his or her prior years of service in the other
house. Except as provided by Section 7 of Article XX, the 12
consecutive years include those years already served consecutively in
the house in which the Member is currently serving.
   (C) For purposes of this section, a person who serves in the
Senate or Assembly from the first Monday in December of one year to
the first Monday in December of the following year shall be deemed to
have thereby served one year.
   (b) Members of the Assembly shall be elected 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 both of the following conditions are met:
   (1) 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.
   (2) Service of the full term of office to which the person is
elected would not cause that person to exceed the limitation on years
of service set forth in paragraph (4) of subdivision (a) and Section
7 of Article XX.
   (d) When a vacancy occurs in the Legislature the Governor
immediately shall call an election to fill the vacancy.
   Fourth--   That Section 3 of Article IV thereof is
amended to read: 
      SEC. 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. 
   (c) When adjourned for a joint recess or during other appropriate
times, the Legislature shall conduct hearings and studies with regard
to oversight of state government operations, evaluation of existing
laws, and research and education about the long-term improvement of
state government.  
   (d) While in session, a Member of the Legislature shall return to
his or her district at least once each week for meetings with
constituents. A Member of the Legislature shall also conduct, at
least quarterly, town hall meetings within his or her district to
assess the needs and views of his or her constituents.  
   (e) The Chief Clerk of the Assembly and the Secretary of the
Senate shall make available on a public Web site a legislative report
card for each member of their respective houses. The legislative
report card shall state the number of legislative oversight hearings,
town hall meetings, and district constituent meetings attended by
each member.  
   (f) During the consideration of the state budget, the Legislature
shall not recess or adjourn and shall stay in session until a budget
bill has been passed and presented by the Governor pursuant to
Section 12. 
   Fourth--   Fifth--   That Section 3.5 is
added to Article IV thereof, to read:
      SEC. 3.5.  (a)  A person may not make   A
person who makes a contrib   ution or contributions to the
Governor or a Member of the Legislature as specified in subdivision
(b) totaling in the aggregate one thousand dollars ($1,000) or more
shall report the contribution or contributions to the Fair Political
Practices Commission or its successor agency within 24 hours of the
time that the contribution or contributions were made. The Governor
or a Member of the Legislature who receives a contribution or
contributions from a person as specified in subdivision (b) totaling
in the aggregate one thousand dollars ($1,000) or more shall report
the contribution or   contributions to the commission or its
successor agency within 24 hours of the time that the contribution
or contributions were received. The commission shall, by regulation,
specify the manner for reporting this information.  
   (b) Subdivision (a) applies to contributions made as follows:

    (1)     A contribution made  to the
Governor or a Member of the Legislature  , and the Governor
or a Member of the Legislature may not receive from any person, any
contribution in any amount  during the time period between
the date in May that the Director of Finance, pursuant to subdivision
(d) of Section 13308 of the Government Code, or its successor
statute, provides to the Legislature a revised estimate of the
General Fund revenues for the fiscal year and the ensuing fiscal
year, any proposals to reduce expenditures based on that estimate,
and any proposed adjustments to the Governor's Budget, and the date
of the enactment of the budget bill for the fiscal year commencing
the following July 1. 
   (b) A person may not make 
    (2)     A contribution made  to the
Governor or a Member of the Legislature  , and the Governor
or a Member of the Legislature may not receive from any person, any
contribution in any amount  during the 30-day period before
the date scheduled for the Legislature to adjourn in joint recess to
reconvene in the second calendar year of the biennium of the
legislative session or during the 30-day period before September 1 of
the second calendar year of the biennium of the legislative session.

   (c) A person may not make 
    (3)     A contribution made  to the
Governor  , and the Governor may not receive from any person,
any contribution in any amount  during the 30-day period
following the date the Legislature adjourns in joint recess to
reconvene in the second calendar year of the biennium of the
legislative session or during the 30-day period following September 1
of the second calendar year of the biennium of the legislative
session. 
   (d) 
    (c)  For purposes of this section, "contribution"
 has   and "person" have the same 
meaning as that term has in Section 82015 of the Government Code, or
its successor statute.   meanings as those terms have in
Sections 82015 and 82047, respectively, of the Government Code, or
in successor statutes. 
   Fifth--   Sixth--   That Section 12 of
Article IV thereof is amended to read:
      SEC. 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) (1) The budget shall be accompanied by a budget bill itemizing
recommended expenditures.
   (2) The budget bill shall be introduced immediately in each house
by the persons chairing the committees that consider the budget.
   (3) The Legislature shall pass the budget bill by midnight on June
15 of each year. If the budget bill is not passed by July 1 of any
year, both houses of the Legislature shall thereafter meet each
calendar day until a budget bill is passed.
   (4) 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.
   (f) For the 2004-05 fiscal year, or any subsequent fiscal year,
the Legislature may not send to the Governor for consideration, nor
may the Governor sign into law, a budget bill that would appropriate
from the General Fund, for that fiscal year, a total amount that,
when combined with all appropriations from the General Fund for that
fiscal year made as of the date of the budget bill's passage, and the
amount of any General Fund moneys transferred to the Budget
Stabilization Account for that fiscal year pursuant to Section 20 of
Article XVI, exceeds General Fund revenues for that fiscal year
estimated as of the date of the budget bill's passage. That estimate
of General Fund revenues shall be set forth in the budget bill passed
by the Legislature.
   Sixth--   Seventh--   That Section 22 of
Article IV thereof is amended to read:
      SEC. 22.  (a) 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.
   (b) It is the right of the people to have reasonable opportunities
to meet and communicate with Members of the Legislature. To assist
the people in exercising this right, each Member of the Legislature
shall attend quarterly meetings with constituents in his or her
district and shall maintain regularly scheduled and publicized office
hours in one or more district offices.
   Seventh--   Eighth--   That Section 7 of
Article XX thereof is amended to read:
      SEC. 7.  The limitations prescribed by Section 2 of Article IV,
Sections 2 and 11 of Article V, Section 2 of Article IX, and Section
17 of Article XIII apply only to terms or years of service to which
persons are elected or appointed on or after November 6, 1990. Those
limitations on terms and years of service shall not apply to any
unexpired term to which a person is elected or appointed, or to any
years served as part of that unexpired term, if the remainder of the
term is less than half of the full term.
   Eighth--  Ninth--   That Section 1 of
Article XXI thereof is amended to read:
      SECTION 1.  In the year following the year in which the
national census is taken under the direction of Congress at the
beginning of each decade, the Legislature shall adjust the boundary
lines of Congressional districts in conformance with the following
standards:
   (a) Each member of the Congress shall be elected from a
single-member district.
   (b) The population of all districts shall be reasonably equal.
   (c) Every district shall be contiguous.
   (d) Districts shall be numbered consecutively commencing at the
northern boundary of the State and ending at the southern boundary of
the State.
   (e) The geographical integrity of any city, county, or city and
county, or of any geographical region shall be respected to the
extent possible without violating the requirements of any other
subdivision of this section.
   Ninth--   Tenth--   That Section 2 is
added to Article XXI thereof, to read:
      SEC. 2.  (a) Each member of the Senate, Assembly, and the State
Board of Equalization shall be elected from a single-member
district.
   (b) By February 28 of each year ending in the number one, the
Independent Redistricting Commission shall be established pursuant to
this article to provide for the redistricting of Senate, Assembly,
and State Board of Equalization districts. The redistricting of
Senate, Assembly, and State Board of Equalization districts shall
occur only once per decade. As used in this article, "commission"
means the Independent Redistricting Commission.
   (c) The commission shall consist of 11 members, and all of the
following shall apply:
   (1) No more than four members of the commission may be members of
the same political party.
   (2) Of the eight commission members appointed pursuant to
subdivisions (b) and (c) of Section 3, no more than two may reside in
the same county.
   (3) Each commission member shall be registered to vote in this
State, and shall have been continuously registered with the same
political party, or as unaffiliated with a political party, for not
less than three years immediately preceding his or her appointment.
   (4) Each commission member shall commit to applying this article
in an honest, independent, and impartial fashion, and to upholding
public confidence in the integrity of the redistricting process.
   (d) (1) A person is not eligible to serve on the commission if,
within the three years immediately preceding the date of his or her
appointment, the person, or a member of his or her immediate family,
has done any of the following:
   (A) Been appointed or elected to, or have been a candidate for,
any other public office.
   (B) Served as an officer of a political party, or as an officer,
employee, or paid consultant of a campaign committee of a candidate
for elective public office.
   (C) Been a registered lobbyist, or an employee of, or a paid
consultant to, a registered lobbyist.
   (2) Legislative staff and consultants, persons under a contract
with the Legislature, and any person who has contributed ten thousand
dollars ($10,000) or more to, has a financial relationship with, or
is an immediate family member of, the Governor, a Member of the
Legislature, or a member of the State Board of Equalization are not
eligible to serve as members of the commission.
   (3) A member of the commission shall be ineligible, during his or
her term of office and for three years thereafter, to hold elective
public office in this State or to register as a lobbyist.
   (4) For purposes of this subdivision, a member of a person's
"immediate family" is one with whom the person has a bona fide
relationship established through blood, marriage, or adoption,
including, but not limited to, parents, children, siblings, and
in-laws.
   Tenth--   Eleventh--   That Section 3 is
added to Article XXI thereof, to read:
      SEC. 3.  (a) (1) The Judicial Council, panelists, Members of
the Legislature, and the Fair Political Practices Commission, or its
successor agency, shall work to ensure that the panelists, pool of
candidates, and commissioners, as applicable, are representative of
this State's racial, ethnic, cultural, geographic, and gender
diversity.
   (2) A panel of 10 retired superior court judges or judges of the
Court of Appeal, appointed by the Judicial Council, shall nominate
candidates for appointment to the commission. The Judicial Council
shall adopt rules and procedures for appointing qualified panelists
and for selecting alternates in the event that a panelist is unable
to carry out his or her duties.
   (3) Of the 10 panelists, 5 shall be registered voters affiliated
with each of the two largest political parties in California based on
party registration.
   (4) Each panelist shall have been continuously registered in this
State with the same political party for not less than three years
immediately preceding his or her appointment.
   (5) By January 8 of each year ending in the number one, the panel
shall establish a pool of qualified persons who are willing to serve
on the commission, and submit a list of the names of those persons to
the President pro Tempore of the Senate, the Minority Floor Leader
of the Senate, the Speaker of the Assembly, the Minority Floor Leader
of the Assembly, and the Fair Political Practices Commission or its
successor agency.
   (6) The pool of candidates shall consist of 55 nominees, with 20
nominees from each of the two largest political parties in this State
based on party registration, and 15 who are not registered with
either of those two political parties.
   (b) No later than January 31 of each year ending in the number
one, the President pro Tempore of the Senate, the Minority Floor
Leader of the Senate, the Speaker of the Assembly and the Minority
Floor Leader of the Assembly may each strike from the pool of
candidates up to four candidates. Thereafter, the Fair Political
Practices Commission or its successor agency shall, under a process
that is open to public disclosure, appoint the 11 commission members,
by random selection from the remaining pool of candidates, including
four members from each of the two largest political parties in this
State and three who are not registered with either of those two
political parties.
   (c) Any vacancy in the 11 commission positions described in
subdivision (b) that remains as of March 1 of a year ending in the
number one shall be filled from the pool of nominees by the panel of
retired judges described in subdivision (a).
   (d) The 11 members of the commission shall, by affirmative vote of
six or more members, select one of the three members appointed
pursuant to paragraph (2) of subdivision (b) to serve as the chair of
the commission.
   Eleventh--   Twelfth--   That Section 4
is added to Article XXI thereof, to read:
      SEC. 4.  (a) After having been served written notice and
provided with an opportunity for a response, a member of the
commission may be removed by the Governor, with the concurrence of
two-thirds of the Senate, for substantial neglect of duty, gross
misconduct in office, or inability to discharge the duties of office.

   (b) (1) If a member of the commission vacates his or her office or
is removed pursuant to subdivision (a) prior to the completion of
his or her term, the panel of retired judges appointed pursuant to
paragraph (2) of subdivision (a) of Section 3 shall fill the vacancy
from the pool of nominees selected pursuant to that subdivision
within the first 30 days after the vacancy occurs.
   (2) The nominee chosen to fill the vacancy shall be of the same
political party membership or nonpartisan status, as the case may be,
held by the vacating member at the time of his or her appointment.
The panel shall comply with paragraph (1) of subdivision (a) of
Section 3 in filling that vacancy. If the vacating member was the
chair of the commission, the commission shall select a new chair.
   (3) The newly appointed member shall serve the remainder of the
original term of the vacating member.
   Twelfth--   Thirteenth--   That Section
5 is added to Article XXI thereof, to read:
      SEC. 5.  (a) The activities of the commission shall be subject
to all of the following:
   (1) Six members of the commission, one of whom may be the chair or
vice chair, shall constitute a quorum.
   (2) Six or more affirmative votes shall be required for any
official action.
   (3) The commission shall comply with the Bagley-Keene Open Meeting
Act (Article 9 (commencing with Section 11120) of Division 3 of
Title 2 of the Government Code), or its successor statute. The
commission shall provide not less than 14 days' public notice for
each meeting.
   (4) The records of the commission pertaining to redistricting, and
all data considered by the commission for the purposes of
redistricting, are subject to the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code), or its successor statute, and are open to
inspection by members of the public upon request as provided by the
act, except that the commission may withhold from public inspection
preliminary drafts, notes, and communications between or among
commission members, staff, and consultants.
   (5) Any oral or written communication with a commission member
outside of a public hearing, other than by staff or by legal counsel,
is prohibited as to any matter on which the commission is required
to meet under paragraph (3). This paragraph does not prohibit any
communication between commission members that is permitted by the
Bagley-Keene Open Meeting Act, or its successor statute, to occur
outside of a public hearing.
   (b) The duties of the commission include establishing Senate,
Assembly, and State Board of Equalization districts pursuant to a
mapping process for each district in accordance with each of the
following goals, prioritized according to the following order:
   (1) Senate, Assembly, and State Board of Equalization districts
shall each have equal population with other districts for the same
office, to the extent practicable, in compliance with the United
States Constitution.
   (2) District boundary lines shall comply with the federal Voting
Rights Act of 1965 (42 U.S.C. Sec. 1971 and following).
   (3) District boundary lines shall be geographically contiguous to
the extent practicable.
   (4) District boundary lines shall respect communities of interest
to the extent practicable.
   (5) District boundary lines shall use visible geographic features
and city and county boundaries to the extent practicable.
   (6) District boundary lines shall be geographically compact to the
extent practicable.
   (c) Party registration and voting history data shall be excluded
from the mapping process. The places of residence of incumbents or
candidates may not be identified or considered in the creation of a
map pursuant to subdivision (b).
   (d) (1) The commission shall establish and implement an open and
noticed hearing process for public input. The public hearing process
shall include at least the following three stages: (A) hearings to
receive public input before the commission draws any maps; (B)
hearings following each drawing and display of proposed maps; and (C)
hearings following the drawing and display of the proposed final
maps.
   (2) The commission shall propose and implement a plan to provide
the public with access to United States census data and to make
software available to the public for drawing maps and providing input
through the public hearing process. At the first two stages, the
commission shall display the maps created pursuant to subdivision (b)
of Senate, Assembly, and State Board of Equalization districts to
the public for comment, in a manner designed to achieve the widest
public dissemination reasonably possible, and public comment shall be
taken for at least 30 days from the date of public display. Either
the Senate or the Assembly, or both, may act within this period to
make recommendations to the commission by majority or minority
report, which recommendations shall be considered by the commission.
   (e) The commission shall, after consideration of public comments
and recommendations made by the Senate or Assembly pursuant to
subdivision (d), and having made every effort to draw the proposed
maps in compliance with the goals listed in subdivision (b),
establish the boundaries of the final maps for Senate, Assembly, and
State Board of Equalization districts by November 15 of the year
ending in one, and shall certify those districts to the Secretary of
State as its final redistricting plan. The approval of the final
boundaries shall be by majority vote of the membership of the
commission, and requires that one or more votes for approval be cast
by members of the commission registered with each of the two largest
political parties in this State based on party registration, and that
one or more votes for approval be cast by members of the commission
who are not registered with either of these two political parties.
   (f) The commission shall issue, with its final redistricting plan,
a report that explains the basis on which the commission made its
decisions in achieving compliance with the goals listed in
subdivision (b), particularly where compliance with one goal resulted
in less than full compliance with another. The report shall define
or describe, as applicable, the terms and standards used in drawing
the maps.
   Thirteenth--   Fourteenth--   That
Section 6 is added to Article XXI thereof, to read:
      SEC. 6.  (a) In 2010, and annually thereafter, the Governor
shall include in the Governor's Budget submitted to the Legislature
pursuant to Section 12 of Article IV an amount of funding sufficient
to meet the estimated expenses of the subsequent redistricting
process occurring pursuant to this article, and shall also make
adequate office space available for the operation of the panel and
commission. The necessary appropriation shall be made in the annual
budget act.
   (b) The panel and commission, with fiscal oversight from the
Department of Finance or its successor, shall have procurement and
contracting authority and may hire staff and consultants, exempt from
the civil service requirements of Article VII, for the purposes of
this article, including legal representation. The commission shall
establish criteria for the hiring and removal of staff and
consultants, and may apply subdivision (d) of Section 2 to the hiring
of staff and consultants to the extent practicable.
   (c) The commission has standing in legal actions regarding a
redistricting plan or to establish whether funds or other resources
provided for the operation of the commission are adequate. The
commission has sole authority to determine whether the Attorney
General, or legal counsel hired or selected by the commission, shall
represent the people of the State in the commission's legal defense
of a redistricting plan.
   (d) (1) The Supreme Court has original and exclusive jurisdiction
in all proceedings in which the validity or interpretation of a final
redistricting plan adopted by the commission is at issue.
   (2) Any affected elector may file a petition for a writ of mandate
or writ of prohibition to challenge a final redistricting plan
within 45 days after the plan has been certified by the commission to
the Secretary of State, to bar the Secretary of State from
implementing the plan on the grounds that the plan violates this
Constitution, the United States Constitution, or any federal statute.

   (3) The court shall act expeditiously on a petition filed under
paragraph (2). If the court determines that a final redistricting
plan adopted by the commission violates this Constitution, the United
States Constitution, or any federal statute, the court shall fashion
the relief that it deems appropriate to remedy that violation and
otherwise accomplish the purposes of this article.
   Fourteenth--   Fifteenth--   That
Section 7 is added to Article XXI thereof, to read:
      SEC. 7.  (a) A member of the panel or the commission shall
receive a per diem of $150 for each day that he or she is in
attendance at a meeting of the panel or commission, as applicable,
and reimbursement pursuant to statute for actual and necessary
traveling expenses incurred in connection with the duties performed
for the commission or panel. For purposes of reimbursement of travel
expenses under this subdivision, a member's residence is deemed to be
the member's post of duty.
   (b) The commission may not meet or incur expenses after a final
redistricting plan is approved and certified pursuant to subdivision
(e) of Section 5, except with respect to any pending litigation or
approval by the federal government concerning the plan, to revise
districts if required by court order, or if the number of Senate,
Assembly, or State Board of Equalization districts is changed.
   (c) For purposes of this article, "day" means a calendar day,
except that if the final day of a period within which an act is to be
performed is a Saturday, Sunday, or holiday, the period is extended
to the next day that is not a Saturday, Sunday, or holiday.
   (d) This article is self-executing.
   (e) The provisions of this article are severable. If any provision
of this article or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
   Fifteenth--   Sixteenth--   That the
provisions of this measure are severable. If any provision of this
measure or its application is held invalid, that invalidity shall not
affect other provisions or applications that can be given effect
without the invalid provision or application.
   Sixteenth--   Seventeenth--   That in
the event that this measure and another measure or measures relating
to the number of years or terms that a Member of the Legislature may
serve, appear on the same statewide election ballot, the provisions
of the other measure or measures shall be deemed to be in conflict
with this measure. If this measure receives a greater number of
affirmative votes, the  provision   provisions
 of this measure shall prevail in their entirety, and the
provisions of the other measure or measures shall be null and void.