Honest Legislators – California

Requires legislators and legislative candidates take lie detector tests regarding residency and conduct while in office. Suspends legislators indicted for felonies from office without pay. Expands residency requirements and eliminates contractual and privacy rights for legislators. Repeals confidentiality provisions governing certain legislative proceedings and records. Prohibits legislators from receiving compensation from persons or businesses that have lobbied the Legislature within prior 48 months. Prohibits former legislators from lobbying Legislature or elected state officials for 12 years after leaving office. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potential state costs of millions of dollars or more each year to administer lie detector tests.

SECTION l. Title. This Act shall be known and may be cited as the Honest Legislator Program Act. SECTION 2. Findings and Declarations. The People of the State of California hereby find and declare that: a. The State Senate has been a disgrace to the people of California after 3 members were convicted of or plead guilty to, various crimes, including lying about their primary residence. b. Several Legislators have left the Legislature during their term to take high paying jobs with companies that have lobbied the Legislature. c. Voters have lost confidence in the Legislature. SECTION 3. STATEMENT OF PURPOSE. To ensure that Legislators are open and honest with the people of California, the People hereby amend the Constitution.  a. Require Legislators and candidates for the legislature, to take lie detector tests in order to provide truthful information to the citizens of California. b. Require the immediate non-paid suspension of any legislator who is indicted for any felony. c. Allow the Fair Political Practices Commission to recommend to the State Supreme Court the removal from office of any Legislator who may have committed a felony or not upheld their oath of office. d. Clarify that Legislators are not employees and have no rights as employees and no contractual rights. e. Remove constitutional special treatment for legislators. f. Remove power from certain Legislators. g. Remove any privacy rights as it relates to issues that influence Legislative actions. SECTION 4. Amendments to Article I of the California Constitution. Section 4.1. Section 3 (b)(6) of Article I of the California Constitution is amended to read: SEC. 3(b )(6) Nothing in this subdivision repeals, nullifies, supersedes, or modifies confidentiality of proceedings and records of the Legislature, the Members of the Legislature, and its employees, committees, and caucuses provided by Section 7 of Article IV, state legislative rules adopted in furtherance of those provisions; nor does it affect the scope of permitted discovery in judicial or administrative proceedings regarding deliberations af the Legislature, the Members of the Legislature, and its employees, committees, and caucuses. Section 4.2. Section 31 (i) of Article I of the California Constitution is added to read: Article 1, SEC. 31. (i) The State shall not grant preferential treatment to any current or former elected individual in the operation of public employment, public education, or public contracting. 15-0125 SECTION 5. Amendments to Article III of the California Constitution. Section 5.1 Section 4(c)(l) of Article 3 is added to read: SEC. 4. {c)(l) Legislators do not receive UQrmal salaries and. are not employees. {2) Legislators are volunteer public servants that are paid, but they do not have any rights, benefits or privileges that are part of a paid position, including, but not limited to: Vacation credits/pay, sick leave credits/pay, state retirement benefits. unemployment insurance, disability insurance or other normal ~mployment benefits. {3) Their compensation will be taxed as if it is a normal sale: for state income tax purposes. {4) Legislators have no contractual rights or protections. SECTION 6. Amendments to Article IV of the California Constitution. Section 6.1 Section 2(c) is amended to read: SEC 2. ( c) A person is ineligible to be a member of the Legislature unless the person is an elector and has been a resident in their sole primary residence, 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 filing deadline for 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. Persons elected to such office must continue to live in their sole primary residence, in the legislative district they were elected to represent during their term of office, or they shall be removed from office. Section 6.2 Section J(b) and (c) is amended to read: SEC. 3. (b) The Legislature session shall not adjourn until at least ten days after they have taken at least one vote on every bill introduced in their respective houses. (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.