BILL NUMBER: SCA 5 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Hancock
DECEMBER 2, 2008
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 9
of Article II thereof, and by amending Sections 8 and 12 of Article
IV thereof, relating to the state budget.
LEGISLATIVE COUNSEL'S DIGEST
SCA 5, as introduced, Hancock. State budget.
(1) The California Constitution requires the Governor to submit to
the Legislature by January 10 of each year a budget for the ensuing
fiscal year, accompanied by a Budget Bill itemizing recommended
expenditures. The Constitution requires specified bills, including a
bill making a change in state taxes for the purpose of raising
revenue, a bill containing an urgency clause, and a bill, including
the Budget Bill, that makes certain appropriations from the General
Fund, to be passed in each house of the Legislature by a 2/3 vote.
This measure would exempt General Fund appropriations in the
Budget Bill from the 2/3 vote requirement.
(2) The California Constitution provides that a statute takes
immediate effect upon enactment if the statute calls for an election,
provides for a tax levy or makes an appropriation for the usual and
current expenses of the state, or is an urgency statute.
This measure would add to those statutes that take effect
immediately statutes enacting the Budget Bill and statutes enacting
bills identified in the Budget Bill as necessary to implement to the
Budget Bill.
(3) The California Constitution provides electors the power of
referendum to approve or reject a statute, except that certain
statutes are exempted, namely, urgency statutes, statutes calling
elections, and statutes providing for tax levies or appropriations
for the usual current expenses of the state.
This measure instead would exempt from the power of referendum any
statute that is to take effect immediately.
(4) This measure would specify that the changes to the California
Constitution made by this measure would apply July 1 of the first
fiscal year commencing after the approval of this measure by the
voters at a statewide election, except that the changes would apply
to the Budget Bill for the first fiscal year commencing after the
approval of this measure by the voters at a statewide election and
each subsequent fiscal year.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
Resolved by the Senate, the Assembly concurring, That the
Legislature of the State of California at its 2009-10 Regular Session
commencing on the first day of December 2008, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the State of California that the Constitution of the State be
amended as follows:
First-- That Section 9 of Article II thereof is amended to read:
SEC. 9. (a) The referendum is the power of the electors to
approve or reject statutes or parts of statutes except
urgency statutes, statutes calling elections, and statutes providing
for tax levies or appropriations for usual current expenses of the
State statutes that take effect immediately, including
statutes providing for tax levies .
(b) A referendum measure may be proposed by presenting to the
Secretary of State, within 90 days after the enactment date of the
statute, a petition certified to have been signed by electors equal
in number to 5 percent of the votes for all candidates for Governor
at the last gubernatorial election, asking that the statute or part
of it be submitted to the electors. In the case of a statute enacted
by a bill passed by the Legislature on or before the date the
Legislature adjourns for a joint recess to reconvene in the second
calendar year of the biennium of the legislative session, and in the
possession of the Governor after that date, the petition may not be
presented on or after January 1 next following the enactment date
unless a copy of the petition is submitted to the Attorney General
pursuant to subdivision (d) of Section 10 of Article II
before January 1.
(c) The Secretary of State shall then submit the measure at the
next general election held at least 31 days after it qualifies or at
a special statewide election held prior to that general election. The
Governor may call a special statewide election for the measure.
Second-- That Section 8 of Article IV thereof is amended to read:
SEC. 8. (a) At regular sessions no bill other than the budget
bill may be heard or acted on by committee or either house until the
31st day after the bill is introduced unless the house dispenses with
this requirement by rollcall vote entered in the journal,
three fourths three-fourths of the membership
concurring.
(b) The Legislature may make no law except by statute and may
enact no statute except by bill. No bill may be passed unless it is
read by title on 3 three days in each
house except that the house may dispense with this requirement by
rollcall vote entered in the journal, two thirds
two-thirds of the membership concurring. No bill may be
passed until the bill with amendments has been printed and
distributed to the members Members . No
bill may be passed unless, by rollcall vote entered in the journal,
a majority of the membership of each house concurs.
(c) (1) Except as provided in paragraphs (2) and (3) of
this subdivision , a statute enacted at a regular session
shall go into effect on January 1 next following a 90-day period from
the date of enactment of the statute and a statute enacted at a
special session shall go into effect on the 91st day after
adjournment of the special session at which the bill was passed.
(2) A statute, other than a statute establishing or changing
boundaries of any legislative, congressional, or other election
district, enacted by a bill passed by the Legislature on or before
the date the Legislature adjourns for a joint recess to reconvene in
the second calendar year of the biennium of the legislative session,
and in the possession of the Governor after that date, shall go into
effect on January 1 next following the enactment date of the statute
unless, before January 1, a copy of a referendum petition affecting
the statute is submitted to the Attorney General pursuant to
subdivision (d) of Section 10 of Article II, in which event the
statute shall go into effect on the 91st day after the enactment date
unless the petition has been presented to the Secretary of State
pursuant to subdivision (b) of Section 9 of Article II.
(3) Statutes calling elections, statutes providing for tax levies
or appropriations for the usual current expenses of the State,
and urgency statutes , statutes enacting the
budget bill, and statutes enacting budget implementation bills
shall go into effect immediately upon their enactment. For
purposes of this section, a "budget implementation bill" is a bill
enacted by a statute that is identified in the budget bill as
containing only changes in law necessary to implement the budget
bill.
(d) Urgency statutes are those necessary for immediate
preservation of the public peace, health, or safety. A statement of
facts constituting the necessity shall be set forth in one section of
the bill. In each house the section and the bill shall be passed
separately, each by rollcall vote entered in the journal,
two thirds two-thirds of the membership
concurring. An urgency statute may not create or abolish any office
or change the salary, term, or duties of any office, or grant any
franchise or special privilege, or create any vested right or
interest.
Third-- That Section 12 of Article IV thereof is amended to read:
SEC. 12. (a) Within the first 10 days of each calendar year,
the Governor shall submit to the Legislature, with an explanatory
message, a budget for the ensuing fiscal year containing itemized
statements for recommended state expenditures and estimated state
revenues. If recommended expenditures exceed estimated revenues, the
Governor shall recommend the sources from which the additional
revenues should be provided.
(b) The Governor and the Governor-elect may require a state
agency, officer, or employee to furnish whatever information is
deemed necessary to prepare the budget.
(c) (1) The budget shall be accompanied by a budget bill itemizing
recommended expenditures.
(2) The budget bill shall be introduced immediately in each house
by the persons chairing the committees that consider the budget.
(3) The Legislature shall pass the budget bill by midnight on June
15 of each year.
(4) Until the budget bill has been enacted, the Legislature shall
not send to the Governor for consideration any bill appropriating
funds for expenditure during the fiscal year for which the budget
bill is to be enacted, except emergency bills recommended by the
Governor or appropriations for the salaries and expenses of the
Legislature.
(d) No bill except the budget bill may contain more than one item
of appropriation, and that for one certain, expressed purpose.
Appropriations from the General Fund of the State, except
appropriations for the public schools or appropriations made in
the budget bill , are void unless passed in each house by
rollcall vote entered in the journal, two-thirds of the membership
concurring. For purposes of this section, Section 8, and Section
9 of Article II, a "budget bill" is a bill that makes appropriations
for the support of the government of the State for an entire fiscal
year.
(e) The Legislature may control the submission, approval, and
enforcement of budgets and the filing of claims for all state
agencies.
(f) For the 2004-05 fiscal year, or any subsequent fiscal year,
the Legislature may not send to the Governor for consideration, nor
may the Governor sign into law, a budget bill that would appropriate
from the General Fund, for that fiscal year, a total amount that,
when combined with all appropriations from the General Fund for that
fiscal year made as of the date of the budget bill's passage, and the
amount of any General Fund moneys transferred to the Budget
Stabilization Account for that fiscal year pursuant to Section 20 of
Article XVI, exceeds General Fund revenues for that fiscal year
estimated as of the date of the budget bill's passage. That estimate
of General Fund revenues shall be set forth in the budget bill passed
by the Legislature.
Fourth-- That the amendments to the California Constitution made
by this measure shall apply to the budget bill for the first fiscal
year commencing after the approval of this measure by the voters at a
statewide election and each subsequent fiscal year, and shall apply
for all other purposes commencing July 1 of the first fiscal year
commencing after the approval of this measure by the voters at a
statewide election.