« AnteriorContinuar »
fourths of the members thereof, nor shall more than two bills be introduced by any one member after such reassembling. 9
SEC. 3. Members of the Assembly shall be elected in the year eighteen hundred and seventy-uine, at the time and in the manner now provided by law. The second election of members of the Assembly, after the adoption of this constitution, shall be on the first Tuesday after the first Monday in Vorember, eighteen hundred and eighty. Thereafter members of the Assembly shall be chosen biennially, and their term of office shall be two years; and each election shall be on the first Tuesday after the first Monday in November, unless otherwise ordered by the Legislature.
SEC, 1. Senators shall be chosen for the term of four years, at the same time and places as members of the Assembly, and no person shall be a member of the Senate or Assembly who has not been a citizen and inhabitant of the State three years, and of the district for which he shall be chosen one year, next before his election.
SEC. 5. The Senate shall consist of forty members, and the Assembly of eighty members, to be elected by districts, numbered as hereinafter provided. The seats of the twenty Senators elected in the year eighteen hundred and Fighty-two from the odd-numbered districts shall be vacated at the expiration of the second year, so that one half of the Senators shall be elected erery two Tears; prorided, that all the Senators elected at the first election under this Constitution shall hold office for the term of three years.
Sec. 6. For the purpose of choosing members of the Legislature, the State shall be divided into forty senatorial and eighty assembly districts, as nearly Hal in population as may be, and composed of contiguous territory, to be alled senatorial and assembly districts. Each senatorial district shall choose the Senator, and each assembly district shall choose one Member of Assembly. The senatorial districts shall be numbered from one to forty, inclusive, in americal order, and the assembly districts shall be numbered from one to fighty in the same order, commencing at the northern boundary of the State and ending at the southern boundary thereof. In the formation of such districts no county, or city and county, shall be divided, unless it contains sufficient population within itself to form two or more districts, nor shall a part of any county, or of any city and county, be united with any other county, or city and county, in forming any district. The census taken under the direction of the Congress of the United States in the year one thousand eight hundred and eighty, and every ten years thereafter, shall be the basis of fixing and adjusting the legislative districts; and the Legislature shall, at its first session after each census, adjust such districts and reapportion the representation so as to preserve them as near equal in population as may be. But in making such adjustment no persons who are not eligible to become citizens of the Unite 1 States, under the naturalization laws, shall be counted as forming a part of the population of any district. Until such districting as herein provided for shall be made. Senators and Assemblymen shall be elected by the districts according to the apportionment now provided for by law.
SEC. 7. Each house shall choose its officers, and judge of the qualifications, elections, and returns of its members.
SEC. 8. A majority of each house shall constitute a quorum to do busihess, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as fach house may provide.
Section 2 has been amended twice; the first amendment was proposed by the legislature of 1907 and was ratified at the election of November 3, 1908; the present amendment was proposed by the legislature of 1911 and was ratified at the election of October 10, 1911. The text of the amendment as adopted in 1909 is as follows: Section 2. The sessions of the Legislature shall commence at twelve o'clock M. on the first Monday after the first day of January next succeeding the election of its members, and after the election held in the year eighteen hundred and right! shall be biennial, unless the Governor shall, in the interim, convene the Legislature by proclamation, No bill shall be introduced in either house forty days after the commencement of each session without the consent of three-fourths of the members thereof.
SEC. 9. Each house shall determine the rule of its proceeding, and may, with the concurrence of two-thirds of all the members elected, expel a member.
SEC. 10. Each house shall keep a journal of its proceedings, and publish the same; and the yeas and nays of the members of either house, on any question, shall, at the desire of any three members present, be entered on the journal.
SEC. 11. Members of the Legislature shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest, and shall not be subject to any civil process during the session of the Legislature, nor for fifteen days next before the commencement and after the termination of each session.
SEC. 12. When vacancies occur in either house, the Governor, or the person exercising the functions of the Governor, shall issue writs of election to fill such vacancies.
Sec. 13. The doors of each house shall be open, except on such occasions as in the opinion of the house, may require secrecy.
SEC. 14. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any place other than that in which they may be sitting. Nor shall the members of either house draw pay for any recess or adjournment for a longer time than three days.
SEC. 15. No law shall be passed except by bill. Nor shall any bill be put upon its final passage until the same, with the amendments thereto, shall have been printed for the use of the members; nor shall any bill become a law unless the same be read on three several days in each house, unless, in case of urgency, two-thirds of the house where such bill may be pending, shall, by a vote of yeas and nays, dispense with this provision. Any bill may originate in either house, but may be amended or rejected by the other; and on the final passage of all bills they shall be read at length, and the vote shall be by yeas and nays upon each bill separately, and shall be entered on the journal, and no bill shall become a law without the concurrence of a majority of the members elected to each house.
SEC. 16. Every bill which may have passed the Legislature shall, before it becomes a law, be presented to the Governor. If he approve it. he shall sign it: but if not, he shall return it, with his objections, to the house in which it originated, which shall enter such objections upon the journal and proceed to reconsider it. If after such reconsideration, it again pass both houses, by yeas and nays, two-thirds of the members elected to each house voting therefor, it shall become il law, notwithstanding the Governor's objections. If any bill shall not be returned within ten days after it shall have been presented to him (Sundays excepted), the same shall become il law in like manner is if he had signed it. unless the Legislature, by adjournment, prevents such return, in which case it shall not become il law, unless the Governor, within thirty days after such djournment (Sundays excepted), shall sign and deposit the same in the office of the Secretary of State, in which case it shall become a law in like mamer as if it had been signed by him before adjournment. If imy bill presented to the Governor contains several items of appropriation of money. he may object to one or more items, while approring other portions of the bill. In such case he shall append to the bill at the time of signing it. al statement of the items to which he objects, and the reasons therefor, and the appropriation so objected to shall not take effectumless passed over the Governor's veto, as hereinbefore provided. If the Legislature be in session, the Governor shall transmit to the house in which the bill originated a copy of such statement, and the items so objected to shall be separately reconsidered in the same manner as bills which have been disapproved by the Governor. 10
SEC. 17. The Assembly shall have the sole power of impeachment, and all impeachments shall be tried by the Senate. When sitting for that purpose. the Senators shall be upon oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the members elected.
1" Amendment proposed by the legislature of 1907 and ratified at the eloction of
Sec. 18. The Governor, Lieutenant Governor, Secretary of State, Controller, Treasurer, Attorney General, Surveyor General, Chief Justice and Associate Justices of the Supreme Court, Judges of the District Court of Appeal, and Judges of the Superior Courts, shall be liable to impeachment for ans misdemeanor in office; but judgment in such cases shall extend, only to removal from office, and disqualification to hold any office of honor, trust, or profit under the State; but the party convicted or acquitted shall nevertheless be liable to indictment, trial and punishment according to law. All other civil officers shall be tried for misdemeanor in office in such manner as the Legis. lature may provide. 11
SECTION 19. No Senator or member of Assembly shall, during the time for which he shall have been elected, hold or accept any office, trust or employment under the State; provided, that this provision shall not apply to any office filled bý election by the people.12
SEC. 20. No person holding any lucrative office under the United States, or any other power, shall be eligible to any civil office of profit under this State; prorided, that officers in the militia who receive no annual salary, local officers, or postmasters whose compensation does not exceed five hundred dollars per annum, shall not be deemed to hold lucrative offices.
SEC. 21. Yo person convicted of the embezzlement or defalcation of the public funds of the United States, or of any state, or of any county or municipality therein, shall ever be eligible to any office of honor, trust, or profit under this State, and the Legislature shall provide, by law, for the punishment of embezzlement or defalcation as a felony.
SEC. 22. No money shall be drawn from the treasury but in consequence of appropriations made by law, and upon warrants duly drawn thereon by the Controller; and no money shall ever be appropriated or drawn from the state treasury for the purpose or benefit of any corporation, association, asylum, hospital, or any other institution not under the exclusive management and control of the State as a state institution, nor shall any grant or donation of property ever be made thereto by the State; provided, that notwithstanding anything contained in this or any other section of this Constitution, the Legislature shall have the power to grant aid to the institutions conducted for the support and maintenance of minor orphans, or half-orphans, or abandoned children, or aged persons in indigent circumstances such aid to be granted by a uniform rule and proportioned to the number of inmates of such respective institutions; provided, further, that the State shall have at any time the right to inquire into the management of such institution; provided, further, that whenever any' county, or city and county, or city, or town, shall provide for the support of minor orphans, or half-orphans, or abandoned children, or aged persons in indigent circumstances, such county, city and county, city, or town shall be entitled to receive the same pro rata appropriations as may be granted to such institutions under church or other control. An accurate statement of the receipts and expenditures of public moneys shall be attached to and published with the laws at every regular session of the Legislature; prorided, however, that for the purpose of raising five million dollars ($5,000,000), to be used in establishing, maintaining, and supporting in the city and county of San Francisco, State of California, an exposition in commemoration of the completion of the Panama canal, to be known as the Panama-Pacific International Exposition, the State Board of Equalization shall, for the fiscal Tear beginning July 1, 1911, and for each fiscal year thereafter, to and including the fiscal year beginning July 1, 1914, fix, establish, and levy such an ad valorem rate of taxation, as when levied upon all the taxable property in the State, after making due allowance for delinquency, shall produce for each of such fiscal years a sum of one million two hundred and fifty thousand dollars ($1,250,000). The said taxes shall be levied, assessed, and collected upon
11 Amendment proposed by the legislature of 1911 and ratified at the election of October 10, 1911.
12 Amendment proposed by the initiative and ratified at the election of November 7, 1916.
every kind and character of property in the State of California not exempt from taxation under the law, and subject to taxation on the first day of July, 1910, and in the same manner, and by the same method, as other State taxes were levied, assessed, and collected under the law, as the same existed on the first day of July, 1910. The State Board of Equalization shall each year, at the time it determines the amount of revenue required for other State purposes, determine, fix, and include the rate of tax necessary to raise the revenue herein provided for.
There is hereby created in the State treasury a fund to be known as the Panama-Pacific International Exposition fund, and all moneys collected pursuant to this provision, after deducting the proportionate share of the expense for the collection of the same, shall be paid into the State treasury, and credited to such fund. All moneys so paid into such fund are hereby appropriated, without reference to fiscal years, for the use, establishment, maintenance, and support of said Panama-Pacific International Exposition. No tax, license fee, or charge of any kind or character shall ever be levied or assessed or charged against any property of said Panama-Pacific International Exposition, against any property used as exhibit therein, while being used or exhibited in connection therewith,
There is hereby created a commission to be known as the Panama-Pacific International Exposition Commission of the State of California, which shall consist of the Governor of said State and four other members to be appointed by the Governor, by and with the advice and consent of the Senate of said State. The Governor shall have the power to fill all vacancies occurring at any time in said commission. The members of said commission shall receive no compensation and shall hold office until such exposition shall have been closed and its affairs settled. Said four members of said commission shall be selected from different sections of the State, and the appointment thereof shall be made by the Governor of the State during the month of February, 1911. The commission hereby created shall have the exclusive charge and control of all moneys paid into the Panama-Pacific International Exposition fund; and prorided, further, that the Legislature shall pass all laws necessary to carry out the provisions of this act, including the times and the manner in which and the terms and conditions upon which moneys shall be drawn from the State treasury by said commission; where contracts and vouchers shall be filed; to whom and how often reports shall be made; what disposition shall be made of any sum left unexpended or received from the sale of any property. or buildings purchased or constructed by said commission for the use of said exposition, or of any disposition of any building or improvement constructed by said commission out of said fund, and to provide for the transfer to the general fund of the State of Californi of any portion of suid PanamaPacific International Exposition fund unused.
The commission herein created is authorized and directed to make such proper contracts with the Panama-Pacific International Exposition Company, a corporation organized under the laws of the State of California on the 220 day of March, 1910, as will entitle the State of California to share proportionately with the contributors to the said Panama-Pacific International Exposition in the returns from the holding of said exposition at the city and county of San Francisco, 13
SEC, 23, The members of the Legislature shall receive for their services the sun of one thousand dollars each for each regular session, to be paid at such times during the session as may be provided by law, and the sum of ten dollars each for each, day while in attendance at a special or extraordinary session, for a number of days not exceeding thirty; and mileage to be fixed by law, all paid out of the state treasury; such mileage shall not exceed ten cents per mile; and each member shall be allowed contingent expenses pot exceeding twenty-five dollars per member for each regular biennial session. The Legislature may also provide for additional help; but in no case shall the
13 Amendment proposed by the legislature at the extra session of 1910 and ratified at the election of November 8, 1910.
total expense for officers, employees and attaches exceed the sum of five hundred dollars per day for either house, at any regular or biennial session, por the sum of two hundred dollars per day for either house at any special or extraordinary session, nor shall the pay of any officer, employee or attache be increased after he is elected or appointed. 14
SEC. 23a. The Legislature may also provide for the employment of help; bat in no case sball the total expense for officers, employees and attaches exmed the sum of five hundred dollars per day for either house, at any regular or biennial session, nor the sum of two hundred dollars per day for either bouse at any special or extraordinary session, nor sball the pay of any officer, employee or attache be increased after he is elected or appointed.15
SEC. 24. Every act shall embrace but one subject, which subject shall be expressed in its title. But it any subject shall be embraced in an act which shall not be expressed in its title, such act shall be void only as to so much thereof as shall not be expressed in its title. No law shall be revised or amended by reference to its title; but in such case the act revised or section amended shall be reenacted and published at length as revised or amended; and all laws of the State of California, and all official writings, and the executire, legislative, and judicial proceedings, shall be conducted, preserved, and published in no other than the English language.
SEC. 25. The Legislature shall not pass local or special laws in any of the following enumerated cases, that is to say:
First-Regulating the jurisdiction and duties of Justices of the Peace, Police Judges, and of Constables. »
Second-For the punishment of crimes and misdemeanors.
Serenth-Authorizing the laying out, opening, altering, maintaining or vacating roads, bighways, streets, alleys, town plots, parks, cemeteries, grave yards, or public grounds not owned by the State.
Eighth-Summoning and impaneling grand and petit juries, and providing for their compensation,
Vinth-Regulating county and township business, or the election of county and township officers.
Tenth-For the assessment or colleetion of taxes.
Eleventh-Providing for conducting elections or designating the places of roting, except on the organization of new counties.
Twelfth-Affecting estates of deceased persons, minors, or other persons under legal disabilities.
Thirteenth-Extending the time for the collection of taxes.
Sirteenth-Releasing or extinguishing, in whole or in part, the indebted. ness, liability, or obligation of any corporation or person to this State, or to any municipal corporation therein.
Seventeenth-Declaring any person of age, or authorizing any minor to sell, lease, or incumber his or her property.
Eighteenth-Legalizing, except as against the State, the unauthorized or invalid act of any officer.
Vineteenth-Granting to any corporation, , association, or individual any special or exclusive right, privilege, or immunity.
Twentieth-Exempting property from taxation,
Tucenty-first-Changing county seats. 14 Amendment proposed by the legislature of 1907 and ratified at the election of November 3, 1908.
Section 23a is a new section; it was proposed by the legislature of 1907 and ratified at the election of November 3, 1908.