SACRAMENTO (Press Release) — A Constitutional Amendment that would allow each house of the Legislature to withhold pay and benefits of a lawmaker who is suspended has cleared its first legislative hurdle Tuesday, May 6, with the approval of the Senate Committee on Elections and Constitutional Amendments. SCA 17 by Senate President pro tempore Darrell Steinberg (D-Sacramento) was passed by a committee vote of 4 – 1.
Under current law, the California Senate and Assembly may suspend the rights and privileges of their respective Members to preserve the honor, dignity and efficiency of the house. However, the Constitution currently vests sole authority of establishing salary and benefits of Members of the Legislature with the California Citizens Compensation Commission.
“Prior to the Senate taking action to suspend three Senators who have been accused of criminal conduct, we asked our Legislative Counsel for an opinion on our authority to do so. While that opinion made it clear the Senate has the power to suspend Members, it was also clear that the Senate’s power is limited in that the house cannot withhold salary from a suspended Member. To do so would violate the State’s Constitution,” said Steinberg. “If the circumstances are serious enough that a Member should lose legislative privileges, the house should be empowered to suspend that person’s salary as well.”
The Legislative Counsel’s opinion was issued one month before the Senate approved, by majority vote, the suspension of Senators Ron Calderon, Leland Yee and Roderick Wright. Each is involved in separate criminal cases, and remains under suspension. The provisions of SCA 17 cannot apply retroactively.
Senate Constitutional Amendment 17 will require approval by a two-thirds majority of both the Senate and the Assembly. Constitutional Amendments do not require approval of the Governor. If passed by the Legislature, SCA 17 will be placed on the ballot where voters would have to approve it by a majority vote.
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Preceding provided by State Senator Darrell Steinberg