November 12, 2009
Pursuant to Elections Code Section 9005, we have
reviewed the proposed constitutional initiative related to legislative
term limits (A.G. File No. 09‑0048, Amdt. #1-S).
Background
Existing Legislative Term Limits.
The state's voters passed Proposition 140 at the November 1990 election.
Proposition 140 changed the State Constitution to create term limits for
Members of the California Legislature. (These Members include persons
elected to each of the two houses of the Legislature: the State Assembly
and the State Senate.) Term limits restrict the number of years that
individuals can serve in the Legislature. Currently, an individual
generally cannot serve a total of more than 14 years. An individual's
service is restricted to six years in the Assembly (three two-year
terms) and eight years in the Senate (two four-year terms).
Proposal
Reduced Total Number of Years in the
Legislature. This measure amends the Constitution to reduce the
total number of years that an individual could serve in the Legislature
during his or her lifetime from 14 years to 12 years.
Future Legislators Could Serve in Either
Assembly or Senate for 12 Years. This measure would allow future
legislators to serve in either or both houses of the Legislature for up
to their entire term limits of 12 years. Accordingly, under this
proposal, an individual could be elected to up to six two-year terms in
the Assembly or up to three four-year terms in the Senate. This would
mean that future legislators could serve for a longer period of time in
a single house of the Legislature. Alternatively, an individual could be
elected to one or more terms in one of these houses and then be elected
to one or more terms in the other house of the Legislature. Under all
scenarios, an individual's total service in the Legislature could not
exceed 12 years under this measure.
Measure Applies to Future Legislators.
The provisions of this measure apply to individuals who are first
elected to the Legislature after voters approve this measure. Members of
the Legislature who were first elected on or before the date that voters
approve this measure would continue to be restricted by the current
legislative term limits in the Constitution.
Fiscal Effects
Unknown Fiscal Effects Depend on Future
Legislators' Decisions. By altering term limits for Members of
the Legislature, this measure likely would change which individuals
serve in the Assembly and the Senate at any time. This would not have
any direct effect on total state or local spending or revenues. The
different composition of the Assembly and the Senate, however, likely
would lead to different decisions being made—for example, on legislation
and the state budget—than otherwise would be the case. These decisions
could have an effect on state and local spending and revenues. Any such
indirect impacts, however, are unknown and impossible to estimate.
Summary of Fiscal Effect
The measure would have the following fiscal
effects:
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