Amendment No. 1093

Senate Amendment to Assembly Joint Resolution No. 5 of the 69th Session (BDR C-308)

Proposed by: Senator Raggio

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend the resolution, pages 1 and 2, by deleting lines 5 through 18 on page 1 and lines 1 through 27 on page 2, and inserting:

"Sec. 29A. The Legislature shall adjourn sine die each:

1. Regular session in an:

(a) Odd-numbered year not later than midnight Pacific standard time 120 calendar days following its commencement. Any legislative action taken after midnight Pacific standard time on the 120th calendar day is void, unless the legislative action is conducted during a special session convened by the Governor.

(b) Even-numbered year not later than midnight Pacific standard time 45 calendar days following its commencement. Any legislative action taken after midnight Pacific standard time on the 45th calendar day is void, unless the legislative action is conducted during a special session convened by the Governor.

2. Special session not later than midnight Pacific standard time 20 calendar days following its commencement. Any legislative action taken after midnight Pacific standard time on the 20th calendar day is void.

Sec. 2. 1. [The] Except as otherwise provided in subsection 2, the sessions of the Legislature shall be [biennial,] annual, and shall commence on the [1st Monday of February following the election of members of the Assembly, unless the Governor of the State shall, in the interim, convene the Legislature by proclamation.

2. The Legislature shall adjourn sine die each regular session not later than midnight Pacific standard time 120 calendar days following its commencement. Any legislative action taken after midnight Pacific standard time on the 120th calendar day is void, unless the legislative action is conducted during a special session convened by the Governor.] first Monday of:

(a) February in odd-numbered years; and

(b) March in even-numbered years.

2. The Governor, by proclamation:

(a) May convene the Legislature for a special session not to exceed 20 calendar days in accordance with section 9 of article 5 of this constitution.

(b) Shall convene the Legislature for a special session not to exceed 20 calendar days not later than 45 calendar days after receipt of a petition by two-thirds of the members elected to each House calling for a special session and setting forth the topics for consideration during the special session. If the Legislature is convened for a special session pursuant to this paragraph, the Governor may add to the list of topics to be considered by the Legislature during that special session.

3. The Governor shall submit :

(a) In odd-numbered years, the proposed executive budget ; and

(b) In even-numbered years, any proposed appropriations or proposed revisions to the executive budget,

to the Legislature not later than [14] 30 calendar days before the commencement of each regular session.

[Sec:] Sec. 33. The members of the Legislature shall receive for their services, a compensation to be fixed by law and paid out of the public treasury, for [not to exceed 60 days] each calendar day of service during any regular session of the legislature and [not to exceed 20 days] during any special session convened by the governor; but no increase of such compensation shall take effect".

Amend the resolution, page 2, by deleting lines 40 through 42 and inserting:

"[Sec:] Sec. 9. The Governor may on extraordinary occasions, convene the Legislature by Proclamation for a special session not to exceed 20 calendar days and shall state to both houses when organized, the purpose for".

Amend the resolution, page 3, line 9, by deleting ", [and]" and inserting ", [and]".

Amend the resolution, page 3, by deleting lines 20 through 23 and inserting:

"secretary of state before beginning circulation and not earlier than [January 1 of the year preceding the year in which a regular session of the legislature is held.] 1 year before the date on which the Legislature to which the petition will be transmitted commences its regular session. After its circulation, it".

Amend the resolution, page 4, line 13, after "law." by inserting:

"If at the session of the legislature to which an initiative petition proposing an amendment to a statute is presented which the legislature rejects or upon which it takes no action, the legislature amends the statute which the petition proposes to amend in a respect which does not conflict in substance with the proposed amendment, the secretary of state in submitting the statute to the voters for approval or disapproval of the proposed amendment shall include the amendment made by the legislature.".

Amend the resolution, page 4, line 35, by deleting "shall" and inserting:

"shall, unless precluded by subsection 5 or 6,".

Amend the resolution, page 4, between lines 37 and 38, by inserting:

"5. If two or more measures which affect the same section of a statute or of the constitution are finally approved pursuant to this section, or an amendment to the constitution is finally so approved and an amendment proposed by the legislature is ratified which affect the same section, by the voters at the same election:

(a) If all can be given effect without contradiction in substance, each shall be given effect.

(b) If one or more contradict in substance the other or others, the measure which received the largest favorable vote, and any other approved measure compatible with it, shall be given effect. If the one or more measures that contradict in substance the other or others receive the same number of favorable votes, none of the measures that contradict another shall be given effect.

6. If, at the same election as the first approval of a constitutional amendment pursuant to this section, another amendment is finally approved pursuant to this section, or an amendment proposed by the legislature is ratified, which affects the same section of the constitution but is compatible with the amendment given first approval, the secretary of state shall publish and resubmit at the next general election the amendment given first approval as a further amendment to the section as amended by the amendment given final approval or ratified. If the amendment finally approved or ratified contradicts in substance the amendment given first approval, the secretary of state shall not submit the amendment given first approval to the voters again.".

Amend the resolution, page 4, by deleting lines 43 and 44 and inserting:

"annual session and each special session, compensation for each calendar day of service.".

Amend the resolution by deleting the text of repealed section and adding a new text of repealed section, following the resolution, to read as follows:

"

TEXT OF REPEALED SECTION

 

Sec: 12. Commencement date of first three legislative sessions; regular sessions of legislature to be held biennially. The first regular session of the Legislature shall commence on the second Monday of December A.D. Eighteen hundred and Sixty Four, and the second regular session of the same shall commence on the first Monday of January A.D. Eighteen hundred and Sixty Six; and the third regular session of the Legislature shall be the first of the biennial sessions, and shall commence on the first Monday of January A.D. Eighteen hundred and Sixty Seven; and the regular sessions of the Legislature shall be held thereafter biennially.".