Section § 1

Explanation

The law states that California's legislative power is mainly held by the California Legislature, which is made up of the Senate and Assembly. However, the people of California have kept the right to directly propose laws (initiative) and vote on them (referendum).

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

Explanation

This law emphasizes that the founding principles of the United States are based on having free, fair, and competitive elections. Over time, however, the concentration of political power in long-serving incumbents has made elections less democratic and harder for new candidates to compete.

It points out that legislators serving unlimited terms and utilizing state resources to their advantage create an environment where it is very difficult for fresh voices to enter politics. This results in career politicians who are more aligned with bureaucracy than with the people.

To fix this, the law proposes limiting the powers of incumbency by placing restrictions on retirement benefits, regulating state-financed staff and services for incumbents, and capping the number of terms a legislator can serve. These changes aim to ensure fair elections and encourage new candidates.

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.

Section § 2

Explanation

The California State Senate has 40 Senators who serve 4-year terms, with half elected every 2 years. The California State Assembly has 80 members, all serving 2-year terms. Both Senators and Assembly members start their terms on the first Monday in December after the election.

A person can only serve a total of 12 years in the Senate, Assembly, or a combination of both, with this applying to those first elected after the rule was put in place. Assembly members are elected in November of even-numbered years, while Senators are elected at the same time and places as Assembly members.

To be eligible for the Legislature, a person must be an elector, have lived in the district for one year, and been a U.S. citizen and California resident for three years prior to the election. They must also not exceed the term limits upon election. If a seat becomes vacant, the Governor must quickly hold an election to find a replacement.

(a)Copy CA California Constitution Code § 2(a)
(1)Copy CA California Constitution Code § 2(a)(1) The Senate has a membership of 40 Senators elected for 4-year terms, 20 to begin every 2 years.
(2)CA California Constitution Code § 2(a)(2) The Assembly has a membership of 80 members elected for 2-year terms.
(3)CA California Constitution Code § 2(a)(3) The terms of a Senator or a Member of the Assembly shall commence on the first Monday in December next following her or his election.
(4)CA California Constitution Code § 2(a)(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 subdivision shall apply only to those Members of the Senate or the Assembly who are first elected to the Legislature after the effective date of this subdivision and who have not previously served in the Senate or Assembly. Members of the Senate or Assembly who were elected before the effective date of this subdivision may serve only the number of terms allowed at the time of the last election before the effective date of this subdivision.
(b)CA California Constitution Code § 2(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)CA California Constitution Code § 2(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, and service of the full term of office to which the person is seeking to be elected would not exceed the maximum years of service permitted by subdivision (a) of this section.
(d)CA California Constitution Code § 2(d) When a vacancy occurs in the Legislature the Governor immediately shall call an election to fill the vacancy.

Section § 3

Explanation

This law states that the California Legislature begins its regular session at noon on the first Monday in December every even-numbered year and must end by midnight on November 30 of the next even-numbered year. If there's something urgent, the Governor can call a special session, where the Legislature can only deal with the issues mentioned in the Governor's proclamation. They are also allowed to manage session-related expenses.

(a)CA California Constitution Code § 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)CA California Constitution Code § 3(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

Explanation

This section restricts California legislators from accepting certain types of income to avoid conflicts of interest. Legislators can't earn money from lobbyists or those with recent contracts with the legislature. If they do, they must abstain from influencing legislation that financially impacts these parties for a year.

Travel expenses are regulated, with rules on when these allowances can be claimed, primarily around when the legislature is in recess. Additionally, this law sets limits on retirement benefits, capping benefits based on salary over $500 a month unless earned while serving. Adjustments for cost of living can be made post-retirement, but with specific rules regarding past service periods.

(a)CA California Constitution Code § 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)CA California Constitution Code § 4(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)CA California Constitution Code § 4(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

Explanation

Anyone elected to or serving in the California Legislature after November 1, 1990, must join the Federal Social Security Program. The state only covers the employer's portion of Social Security costs. Legislators won’t earn other pension or retirement benefits from their service because legislative service is not meant to be a career. This doesn't cancel out any benefits already earned under other laws before this act was adopted, but no new benefits will be earned apart from Social Security.

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

Explanation

This section outlines rules for the California Legislature regarding managing its members' conduct and activities. Each house can expel or suspend members with a two-thirds majority and can choose to withhold salary and benefits during suspension. Suspended members lose all rights and powers of their office until suspension ends.

Legislators can't accept honorariums or gifts that may cause conflicts of interest, and they must follow laws prohibiting such actions. Members are restricted from accepting compensation for appearances or actions before state agencies that may impact legislation. After leaving office, former members can't lobby the legislature for a year.

The Legislature is tasked with adopting and enforcing laws to prevent Members from engaging in conflicting activities, with the people retaining power to enforce this provision.

(a)Copy CA California Constitution Code § 5(a)
(1)Copy CA California Constitution Code § 5(a)(1) Each house of the Legislature 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.
(2)Copy CA California Constitution Code § 5(a)(2)
(A)Copy CA California Constitution Code § 5(a)(2)(A) Each house may suspend a Member by motion or resolution adopted by rollcall vote entered in the journal, two-thirds of the membership concurring. The motion or resolution shall contain findings and declarations setting forth the basis for the suspension. Notwithstanding any other provision of this Constitution, the house may deem the salary and benefits of the Member to be forfeited for all or part of the period of the suspension by express provision of the motion or resolution.
(B)CA California Constitution Code § 5(a)(2)(A)(B) A Member suspended pursuant to this paragraph shall not exercise any of the rights, privileges, duties, or powers of his or her office, or utilize any resources of the Legislature, during the period the suspension is in effect.
(C)CA California Constitution Code § 5(a)(2)(A)(C) The suspension of a Member pursuant to this paragraph shall remain in effect until the date specified in the motion or resolution or, if no date is specified, the date a subsequent motion or resolution terminating the suspension is adopted by rollcall vote entered in the journal, two-thirds of the membership of the house concurring.
(b)CA California Constitution Code § 5(b) No Member of the Legislature may accept any honorarium. The Legislature shall enact laws that implement this subdivision.
(c)CA California Constitution Code § 5(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)CA California Constitution Code § 5(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, 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)CA California Constitution Code § 5(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)CA California Constitution Code § 5(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

Explanation

This law establishes the structure for electing members to the California State Legislature. The state is divided into 40 different regions called Senatorial districts and 80 regions called Assembly districts. Voters in each Senatorial district select one Senator, and voters in each Assembly district select one member for the Assembly.

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

Explanation

This section outlines the rules and procedures for each house of the California Legislature. It requires each house to choose officers, adopt rules, and maintain a journal of proceedings. Most sessions and committee meetings must be open to the public, and people have the right to record and broadcast them, with certain rules to prevent disruption. Audiovisual recordings must be made public online within 24 hours and kept for at least 20 years. However, closed sessions may occur for specific reasons, like personnel matters, security issues, or legal consultations. Political party caucuses can also meet privately. The Legislature must provide notice and reasons for closed meetings and implement these rules by resolution or statute. Lastly, one house cannot adjourn for more than 10 days without the other's consent.

(a)CA California Constitution Code § 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)CA California Constitution Code § 7(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)Copy CA California Constitution Code § 7(c)
(1)Copy CA California Constitution Code § 7(c)(1) Except as provided in paragraph (3), the proceedings of each house and the committees thereof shall be open and public. The right to attend open and public proceedings includes the right of any person to record by audio or video means any and all parts of the proceedings and to broadcast or otherwise transmit them; provided that the Legislature may adopt reasonable rules pursuant to paragraph (5) regulating the placement and use of the equipment for recording or broadcasting the proceedings for the sole purpose of minimizing disruption of the proceedings. Any aggrieved party shall have standing to challenge said rules in an action for declaratory and injunctive relief, and the Legislature shall have the burden of demonstrating that the rule is reasonable.
(2)CA California Constitution Code § 7(c)(2) Commencing on January 1 of the second calendar year following the adoption of this paragraph, the Legislature shall also cause audiovisual recordings to be made of all proceedings subject to paragraph (1) in their entirety, shall make such recordings public through the Internet within 24 hours after the proceedings have been recessed or adjourned for the day, and shall maintain an archive of said recordings, which shall be accessible to the public through the Internet and downloadable for a period of no less than 20 years as specified by statute.
(3)CA California Constitution Code § 7(c)(3) Notwithstanding paragraphs (1) and (2), closed sessions may be held solely for any of the following purposes:
(A)CA California Constitution Code § 7(c)(3)(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)CA California Constitution Code § 7(c)(3)(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)CA California Constitution Code § 7(c)(3)(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.
(4)CA California Constitution Code § 7(c)(4) 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.
(5)CA California Constitution Code § 7(c)(5) 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 in the case of a closed session held pursuant to paragraph (3), shall prescribe that 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)CA California Constitution Code § 7(d) Neither house without the consent of the other may recess for more than 10 days or to any other place.

Section § 7.5

Explanation

This law limits the California Legislature's total spending on salaries, operating expenses, and equipment. In the first year after the law is adopted, spending can't exceed $950,000 per member or 80% of the previous year's spending, whichever is less. In future years, spending can only increase according to the same percentage increase as the state's spending limit from Article XIII B of the California Constitution.

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 XIII B.

Section § 8

Explanation

This California law outlines the process and rules for how bills are introduced, heard, and passed in the state legislature. In regular sessions, a bill cannot be addressed until 31 days after introduction unless waived by a three-fourths vote. Bills must be read by title for three days in each house, but this can be waived by a two-thirds vote. Before passing, bills and amendments must be available online for 72 hours unless an emergency declared by the Governor requires otherwise.

Most laws go into effect on January 1 following a 90-day waiting period after their enactment, while laws from special sessions take effect 91 days after their session ends. Some exceptions, like tax laws or urgent matters, become effective immediately. Urgency statutes, those needed to maintain public peace, health, or safety, require a two-thirds vote and cannot change any office structure or grant special privileges.

(a)CA California Constitution Code § 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)Copy CA California Constitution Code § 8(b)
(1)Copy CA California Constitution Code § 8(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.
(2)CA California Constitution Code § 8(b)(2) No bill may be passed or ultimately become a statute unless the bill with any amendments has been printed, distributed to the members, and published on the Internet, in its final form, for at least 72 hours before the vote, except that this notice period may be waived if the Governor has submitted to the Legislature a written statement that dispensing with this notice period for that bill is necessary to address a state of emergency, as defined in paragraph (2) of subdivision (c) of Section 3 of Article XIII B, that has been declared by the Governor, and the house considering the bill thereafter dispenses with the notice period for that bill by a separate rollcall vote entered in the journal, two thirds of the membership concurring, prior to the vote on the bill.
(3)CA California Constitution Code § 8(b)(3) No bill may be passed unless, by rollcall vote entered in the journal, a majority of the membership of each house concurs.
(c)Copy CA California Constitution Code § 8(c)
(1)Copy CA California Constitution Code § 8(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)CA California Constitution Code § 8(c)(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)CA California Constitution Code § 8(c)(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)CA California Constitution Code § 8(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 § 8.5

Explanation

This law states that when the California Legislature proposes changes to initiative statutes, bond issuances, or constitutional amendments for voter approval, they cannot make those changes conditional on the approval or opposition of any specific local area or based on specific voting outcomes. In other words, the law must apply uniformly across the state, regardless of how different regions vote.

Additionally, these measures cannot include options that would cause different laws to take effect based on whether a certain percentage of votes are cast for or against them.

An act amending an initiative statute, an act providing for the issuance of bonds, or a constitutional amendment proposed by the Legislature and submitted to the voters for approval may not do either of the following:
(a)CA California Constitution Code § 8.5(a) Include or exclude any political subdivision of the State from the application or effect of its provisions based upon approval or disapproval of the measure, or based upon the casting of a specified percentage of votes in favor of the measure, by the electors of that political subdivision.
(b)CA California Constitution Code § 8.5(b) Contain alternative or cumulative provisions wherein one or more of those provisions would become law depending upon the casting of a specified percentage of votes for or against the measure.

Section § 9

Explanation

This law states that a statute should only cover one main topic, and this topic must be clearly indicated in the statute's title. If a statute includes topics not mentioned in the title, those parts are invalid. Also, you cannot just change a statute by referring to its title; any changes made require the affected section to be rewritten with the amendments included.

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.

Section § 10

Explanation

This section outlines the process for how a bill becomes law in California. Once the Legislature passes a bill, it's sent to the Governor. The Governor has a few options: sign it into law, veto it, or do nothing, in which case it can still become law through specific conditions. If vetoed, the Legislature can override the veto with a two-thirds majority vote. There are also specific timelines and conditions under which a bill automatically becomes law if the Governor doesn't act, including details about handling fiscal emergencies and appropriations.

The Governor can adjust budget items and must justify any changes to the originating house, who can reconsider these changes and override them like a veto. Additionally, if there's a fiscal emergency, the Governor can call a special session to address financial issues, and the Legislature must act on this before considering other bills or adjourning.

(a)CA California Constitution Code § 10(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)Copy CA California Constitution Code § 10(b)
(1)Copy CA California Constitution Code § 10(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)CA California Constitution Code § 10(b)(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)CA California Constitution Code § 10(b)(3) Any other bill presented to the Governor that is not returned within 12 days becomes a statute.
(4)CA California Constitution Code § 10(b)(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)CA California Constitution Code § 10(b)(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)CA California Constitution Code § 10(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)CA California Constitution Code § 10(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)CA California Constitution Code § 10(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.
(f)Copy CA California Constitution Code § 10(f)
(1)Copy CA California Constitution Code § 10(f)(1) If, following the enactment of the budget bill for the 2004–05 fiscal year or any subsequent fiscal year, the Governor determines that, for that fiscal year, General Fund revenues will decline substantially below the estimate of General Fund revenues upon which the budget bill for that fiscal year, as enacted, was based, or General Fund expenditures will increase substantially above that estimate of General Fund revenues, or both, the Governor may issue a proclamation declaring a fiscal emergency and shall thereupon cause the Legislature to assemble in special session for this purpose. The proclamation shall identify the nature of the fiscal emergency and shall be submitted by the Governor to the Legislature, accompanied by proposed legislation to address the fiscal emergency.
(2)CA California Constitution Code § 10(f)(2) If the Legislature fails to pass and send to the Governor a bill or bills to address the fiscal emergency by the 45th day following the issuance of the proclamation, the Legislature may not act on any other bill, nor may the Legislature adjourn for a joint recess, until that bill or those bills have been passed and sent to the Governor.
(3)CA California Constitution Code § 10(f)(3) A bill addressing the fiscal emergency declared pursuant to this section shall contain a statement to that effect.

Section § 11

Explanation

This section allows the California Legislature or its individual houses to create committees through a resolution. These committees have the purpose of helping with legislative tasks, such as gathering information and advising on issues that fall under the Legislature's authority.

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

Explanation

This section details the process for California's budget creation and approval each year. The Governor must propose a budget to the Legislature within the first 10 days of the year, including detailed expenditures and revenue estimates. If spending exceeds income, the Governor must suggest how to raise extra funds. State agencies are expected to provide needed information for preparing this budget.

A budget bill listing the proposed expenses must accompany the budget, introduced immediately in both legislative houses. The Legislature must pass the budget by June 15. No other bills requiring funds can be sent to the Governor until the budget is approved, except emergency or legislative-related bills.

Any single appropriation outside the budget must be for a specific purpose and requires a two-thirds vote to pass. However, the budget bill and related appropriations need only a majority vote, unless it impacts public school funding.

The Legislature can manage the submission and enforcement of budgets for state agencies, but cannot pass a budget that overspends the estimated state revenue for that year. If the budget isn't passed by June 15, legislators lose salary and reimbursements until it is delivered to the Governor, and these can't be paid back later.

(a)CA California Constitution Code § 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)CA California Constitution Code § 12(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)Copy CA California Constitution Code § 12(c)
(1)Copy CA California Constitution Code § 12(c)(1) The budget shall be accompanied by a budget bill itemizing recommended expenditures.
(2)CA California Constitution Code § 12(c)(2) The budget bill shall be introduced immediately in each house by the persons chairing the committees that consider the budget.
(3)CA California Constitution Code § 12(c)(3) The Legislature shall pass the budget bill by midnight on June 15 of each year.
(4)CA California Constitution Code § 12(c)(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)CA California Constitution Code § 12(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 and appropriations in the budget bill and in other bills providing for appropriations related to the budget bill, are void unless passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring.
(e)Copy CA California Constitution Code § 12(e)
(1)Copy CA California Constitution Code § 12(e)(1) Notwithstanding any other provision of law or of this Constitution, the budget bill and other bills providing for appropriations related to the budget bill may be passed in each house by rollcall vote entered in the journal, a majority of the membership concurring, to take effect immediately upon being signed by the Governor or upon a date specified in the legislation. Nothing in this subdivision shall affect the vote requirement for appropriations for the public schools contained in subdivision (d) of this section and in subdivision (b) of Section 8 of this article.
(2)CA California Constitution Code § 12(e)(2) For purposes of this section, “other bills providing for appropriations related to the budget bill” shall consist only of bills identified as related to the budget in the budget bill passed by the Legislature.
(f)CA California Constitution Code § 12(f) The Legislature may control the submission, approval, and enforcement of budgets and the filing of claims for all state agencies.
(g)CA California Constitution Code § 12(g) 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.
(h)CA California Constitution Code § 12(h) Notwithstanding any other provision of law or of this Constitution, including subdivision (c) of this section, Section 4 of this article, and Sections 4 and 8 of Article III, in any year in which the budget bill is not passed by the Legislature by midnight on June 15, there shall be no appropriation from the current budget or future budget to pay any salary or reimbursement for travel or living expenses for Members of the Legislature during any regular or special session for the period from midnight on June 15 until the day that the budget bill is presented to the Governor. No salary or reimbursement for travel or living expenses forfeited pursuant to this subdivision shall be paid retroactively.

Section § 12.5

Explanation

Within 10 days after the budget is submitted, adjusted, or enacted, the Director of Finance must report to the Legislature. This report includes predictions of both income and spending from the General Fund for the upcoming year and the following three years.

Within 10 days following the submission of a budget pursuant to subdivision (a) of Section 12, following the proposed adjustments to the Governor’s Budget required by subdivision (e) of Section 13308 of the Government Code or a successor statute, and following the enactment of the budget bill, or as soon as feasible thereafter, the Director of Finance shall submit to the Legislature both of the following:
(a)CA California Constitution Code § 12.5(a) Estimates of General Fund revenues for the ensuing fiscal year and for the three fiscal years thereafter.
(b)CA California Constitution Code § 12.5(b) Estimates of General Fund expenditures for the ensuing fiscal year and for the three fiscal years thereafter.

Section § 13

Explanation

If you're elected as a member of the California Legislature, you can't have any other state job or office during your term unless it's another elected position.

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

Explanation

A legislator cannot be sued or legally summoned during legislative sessions or within five days before and after these sessions.

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

Explanation

This law states that anyone who tries to sway a legislator's decision by offering bribes, promising rewards, using threats, or employing any dishonest tactics, or any legislator who is influenced by such methods, is committing a felony.

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

Explanation

This law says that laws meant for everyone should work the same way for all cases. It also states that if a general law can be used, then a specific local law is not valid. Basically, it promotes fairness and uniformity in applying the law.

(a)CA California Constitution Code § 16(a) All laws of a general nature have uniform operation.
(b)CA California Constitution Code § 16(b) A local or special statute is invalid in any case if a general statute can be made applicable.

Section § 17

Explanation

This law states that the California Legislature cannot give, or allow other local governments to give, additional pay or benefits to public workers or contractors after the work is done or the contract is completed. Additionally, they can't authorize payments on agreements that weren't made legally.

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

Explanation

This law explains the process of impeachment for certain state officials in California. The State Assembly is the only body that can initiate impeachment, while the Senate conducts the trial. For someone to be impeached, two-thirds of the Senate must agree through a recorded vote. Impeachment applies to statewide elected officials, State Board of Equalization members, and state court judges accused of misconduct in office. If convicted, the punishment is removal from office and possibly being barred from holding future state offices, but they may still face criminal charges separately.

(a)CA California Constitution Code § 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)CA California Constitution Code § 18(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

Explanation

In California, the Legislature cannot approve lotteries or the selling of lottery tickets, except for specific exceptions. Horse racing, including betting on it, is allowed under regulations laid out by the Legislature. While the California State Lottery is permitted, casinos like those in Nevada and New Jersey are banned. However, the Governor can make agreements with Indian tribes to operate slot machines, lottery games, and card games on tribal lands. Bingo games can be conducted by cities and counties, but only for charity. Additionally, nonprofits can host raffles as long as most profits go to charity, and certain rules are followed. The Legislature can adjust the rules about raffle profits if needed.

(a)CA California Constitution Code § 19(a) The Legislature has no power to authorize lotteries, and shall prohibit the sale of lottery tickets in the State.
(b)CA California Constitution Code § 19(b) The Legislature may provide for the regulation of horse races and horse race meetings and wagering on the results.
(c)CA California Constitution Code § 19(c) Notwithstanding subdivision (a), the Legislature by statute may authorize cities and counties to provide for bingo games, but only for charitable purposes.
(d)CA California Constitution Code § 19(d) Notwithstanding subdivision (a), there is authorized the establishment of a California State Lottery.
(e)CA California Constitution Code § 19(e) The Legislature has no power to authorize, and shall prohibit, casinos of the type currently operating in Nevada and New Jersey.
(f)CA California Constitution Code § 19(f) Notwithstanding subdivisions (a) and (e), and any other provision of state law, the Governor is authorized to negotiate and conclude compacts, subject to ratification by the Legislature, for the operation of slot machines and for the conduct of lottery games and banking and percentage card games by federally recognized Indian tribes on Indian lands in California in accordance with federal law. Accordingly, slot machines, lottery games, and banking and percentage card games are hereby permitted to be conducted and operated on tribal lands subject to those compacts.
(f)CA California Constitution Code § 19(f) Notwithstanding subdivision (a), the Legislature may authorize private, nonprofit, eligible organizations, as defined by the Legislature, to conduct raffles as a funding mechanism to provide support for their own or another private, nonprofit, eligible organization’s beneficial and charitable works, provided that (1) at least 90 percent of the gross receipts from the raffle go directly to beneficial or charitable purposes in California, and (2) any person who receives compensation in connection with the operation of a raffle is an employee of the private nonprofit organization that is conducting the raffle. The Legislature, two-thirds of the membership of each house concurring, may amend the percentage of gross receipts required by this subdivision to be dedicated to beneficial or charitable purposes by means of a statute that is signed by the Governor.

Section § 20

Explanation

This law allows the California Legislature to establish fish and game districts with rules to protect wildlife within them. It also outlines the creation of a Fish and Game Commission with five members, appointed by the Governor and approved by the Senate for six years. The Legislature can give the commission power over fish and game matters, and commission members can be removed by a legislative vote.

(a)CA California Constitution Code § 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)CA California Constitution Code § 20(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

Explanation

California's Legislature has provisions for dealing with emergencies caused by war or enemy attacks. These include temporarily filling legislative and gubernatorial offices if a significant number of members are killed, missing, or unable to perform their duties. The law also allows for convening the Legislature, holding elections for vacant positions or those occupied by unelected individuals, and selecting a new, temporary location for the state or county government if necessary.

To meet the needs resulting from war-caused or enemy-caused disaster in California, the Legislature may provide for:
(a)CA California Constitution Code § 21(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)CA California Constitution Code § 21(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)CA California Constitution Code § 21(c) Convening the Legislature.
(d)CA California Constitution Code § 21(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)CA California Constitution Code § 21(e) Selecting a temporary seat of state or county government.

Section § 22

Explanation

This law ensures that the people can hold their legislators accountable. It requires the leaders of both houses of the California Legislature to report the goals and objectives of their respective houses at the start of each session. At the end of each session, they must also report on the progress made toward those goals and objectives. This transparency helps the public understand what their representatives are planning and if they are achieving those plans.

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 § 28

Explanation

This section of the California Constitution states that laws can't be passed quickly as urgency statutes if they involve funding for changing the look of certain historic parts of the State Capitol or for buying differently designed furniture for those areas. Money for such projects can only be spent if it was specifically set aside for that purpose. However, this rule doesn't apply to normal repairs and maintenance of the Capitol building, its furniture, and fixtures.

(a)CA California Constitution Code § 28(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)CA California Constitution Code § 28(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)CA California Constitution Code § 28(c) This section shall not apply to appropriations or expenditures for ordinary repair and maintenance of the State Capitol building, fixtures and furniture.