ARTICLE 5 EXECUTIVE



SECTION 1.  The supreme executive power of this State is vested in
the Governor.  The Governor shall see that the law is faithfully
executed.



CALIFORNIA CONSTITUTION
ARTICLE 5  EXECUTIVE


SEC. 2.  The Governor shall be elected every fourth year at the same
time and places as members of the Assembly and hold office from the
Monday after January 1 following the election until a successor
qualifies.  The Governor shall be an elector who has been a citizen
of the United States and a resident of this State for 5 years
immediately preceding the Governor's election.  The Governor may not
hold other public office.  No Governor may serve more than 2 terms.



CALIFORNIA CONSTITUTION
ARTICLE 5  EXECUTIVE


SEC. 3.  The Governor shall report to the Legislature each calendar
year on the condition of the State and may make recommendations.



CALIFORNIA CONSTITUTION
ARTICLE 5  EXECUTIVE


SEC. 4.  The Governor may require executive officers and agencies
and their employees to furnish information relating to their duties.



CALIFORNIA CONSTITUTION
ARTICLE 5  EXECUTIVE


SEC. 5.  (a) Unless the law otherwise provides, the Governor may
fill a vacancy in office by appointment until a successor qualifies.

   (b) Whenever there is a vacancy in the office of the
Superintendent of Public Instruction, the Lieutenant Governor,
Secretary of State, Controller, Treasurer, or Attorney General, or on
the State Board of Equalization, the Governor shall nominate a
person to fill the vacancy who shall take office upon confirmation by
a majority of the membership of the Senate and a majority of the
membership of the Assembly and who shall hold office for the balance
of the unexpired term.  In the event the nominee is neither confirmed
nor refused confirmation by both the Senate and the Assembly within
90 days of the submission of the nomination, the nominee shall take
office as if he or she had been confirmed by a majority of the Senate
and Assembly; provided, that if such 90-day period ends during a
recess of the Legislature, the period shall be extended until the
sixth day following the day on which the Legislature reconvenes.



CALIFORNIA CONSTITUTION
ARTICLE 5  EXECUTIVE


SEC. 6.  Authority may be provided by statute for the Governor to
assign and reorganize functions among executive officers and agencies
and their employees, other than elective officers and agencies
administered by elective officers.



CALIFORNIA CONSTITUTION
ARTICLE 5  EXECUTIVE


SEC. 7.  The Governor is commander in chief of a militia that shall
be provided by statute.  The Governor may call it forth to execute
the law.



CALIFORNIA CONSTITUTION
ARTICLE 5  EXECUTIVE


SEC. 8.  (a) Subject to application procedures provided by statute,
the Governor, on conditions the Governor deems proper, may grant a
reprieve, pardon, and commutation, after sentence, except in case of
impeachment.  The Governor shall report to the Legislature each
reprieve, pardon, and commutation granted, stating the pertinent
facts and the reasons for granting it.  The Governor may not grant a
pardon or commutation to a person twice convicted of a felony except
on recommendation of the Supreme Court, 4 judges concurring.
   (b) No decision of the parole authority of this State with respect
to the granting, denial, revocation, or suspension of parole of a
person sentenced to an indeterminate term upon conviction of murder
shall become effective for a period of 30 days, during which the
Governor may review the decision subject to procedures provided by
statute.  The Governor may only affirm, modify, or reverse the
decision of the parole authority on the basis of the same factors
which the parole authority is required to consider.  The Governor
shall report to the Legislature each parole decision affirmed,
modified, or reversed, stating the pertinent facts and reasons for
the action.



CALIFORNIA CONSTITUTION
ARTICLE 5  EXECUTIVE


SEC. 9.  The Lieutenant Governor shall have the same qualifications
as the Governor.  The Lieutenant Governor is President of the Senate
but has only a casting vote.



CALIFORNIA CONSTITUTION
ARTICLE 5  EXECUTIVE


SEC. 10.  The Lieutenant Governor shall become Governor when a
vacancy occurs in the office of Governor.
   The Lieutenant Governor shall act as Governor during the
impeachment, absence from the State, or other temporary disability of
the Governor or of a Governor-elect who fails to take office.
   The Legislature shall provide an order of precedence after the
Lieutenant Governor for succession to the office of Governor and for
the temporary exercise of the Governor's functions.
   The Supreme Court has exclusive jurisdiction to determine all
questions arising under this section.
   Standing to raise questions of vacancy or temporary disability is
vested exclusively in a body provided by statute.



CALIFORNIA CONSTITUTION
ARTICLE 5  EXECUTIVE


SEC. 11.  The Lieutenant Governor, Attorney General, Controller,
Secretary of State, and Treasurer shall be elected at the same time
and places and for the same term as the Governor.  No Lieutenant
Governor, Attorney General, Controller, Secretary of State, or
Treasurer may serve in the same office for more than 2 terms.



CALIFORNIA CONSTITUTION
ARTICLE 5  EXECUTIVE


SEC. 13.  Subject to the powers and duties of the Governor, the
Attorney General shall be the chief law officer of the State.  It
shall be the duty of the Attorney General to see that the laws of the
State are uniformly and adequately enforced.  The Attorney General
shall have direct supervision over every district attorney and
sheriff and over such other law enforcement officers as may be
designated by law, in all matters pertaining to the duties of their
respective offices, and may require any of said officers to make
reports concerning the investigation, detection, prosecution, and
punishment of crime in their respective jurisdictions as to the
Attorney General may seem advisable.  Whenever in the opinion of the
Attorney General any law of the State is not being adequately
enforced in any county, it shall be the duty of the Attorney General
to prosecute any violations of law of which the superior court shall
have jurisdiction, and in such cases the Attorney General shall have
all the powers of a district attorney.  When required by the public
interest or directed by the Governor, the Attorney General shall
assist any district attorney in the discharge of the duties of that
office.



CALIFORNIA CONSTITUTION
ARTICLE 5  EXECUTIVE


SEC. 14.  (a) To eliminate any appearance of a conflict with the
proper discharge of his or her duties and responsibilities, no state
officer may knowingly receive any salary, wages, commissions, or
other similar earned income from a lobbyist or lobbying firm, as
defined by the Political Reform Act of 1974, or from a person who,
during the previous 12 months, has been under a contract with the
state agency under the jurisdiction of the state officer.  The
Legislature shall enact laws that define earned income.  However,
earned income does not include any community property interest in the
income of a spouse.  Any state officer who knowingly receives any
salary, wages, commissions, or other similar earned income from a
lobbyist employer, as defined by the Political Reform Act of 1974,
may not, for a period of one year following its receipt, vote upon or
make, participate in making, or in any way attempt to use his or her
official position to influence an action or decision before the
agency for which the state officer serves, other than an action or
decision involving a bill described in subdivision (c) of Section 12
of Article IV, which he or she knows, or has reason to know, would
have a direct and significant financial impact on the lobbyist
employer and would not impact the public generally or a significant
segment of the public in a similar manner.  As used in this
subdivision, "public generally" includes an industry, trade, or
profession.
   (b) No state officer may accept any honorarium.  The Legislature
shall enact laws that implement this subdivision.
   (c) The Legislature shall enact laws that ban or strictly limit
the acceptance of a gift by a state officer from any source if the
acceptance of the gift might create a conflict of interest.
   (d) No state officer may knowingly accept any compensation for
appearing, agreeing to appear, or taking any other action on behalf
of another person before any state government board or agency.  If a
state officer knowingly accepts any compensation for appearing,
agreeing to appear, or taking any other action on behalf of another
person before any local government board or agency, the state officer
may not, for a period of one year following the acceptance of the
compensation, make, participate in making, or in any way attempt to
use his or her official position to influence an action or decision
before the state agency for which the state officer serves, other
than an action or decision involving a bill described in subdivision
(c) of Section 12 of Article IV, which he or she knows, or has reason
to know, would have a direct and significant financial impact on
that person and would not impact the public generally or a
significant segment of the public in a similar manner.  As used in
this subdivision, "public generally" includes an industry, trade, or
profession.  However, a state officer may engage in activities
involving a board or agency which are strictly on his or her own
behalf, appear in the capacity of an attorney before any court or the
Workers' Compensation Appeals Board, or act as an advocate without
compensation or make an inquiry for information on behalf of a person
before a board or agency.  This subdivision does not prohibit any
action of a partnership or firm of which the state officer is a
member if the state officer does not share directly or indirectly in
the fee, less any expenses attributable to that fee, resulting from
that action.
   (e) The Legislature shall enact laws that prohibit a state
officer, or a secretary of an agency or director of a department
appointed by the Governor, who has not resigned or retired from state
service prior to January 7, 1991, from lobbying, for compensation,
as governed by the Political Reform Act of 1974, before the executive
branch of state government for 12 months after leaving office.
   (f) "State officer," as used in this section, means the Governor,
Lieutenant Governor, Attorney General, Controller, Insurance
Commissioner, Secretary of State, Superintendent of Public
Instruction, Treasurer, and member of the State Board of
Equalization.