BILL NUMBER: SCA 12 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Blakeslee
JUNE 14, 2011
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Sections
10 and 12 of Article IV thereof, relating to government finance.
LEGISLATIVE COUNSEL'S DIGEST
SCA 12, as introduced, Blakeslee. Government finance.
(1) The California Constitution requires the Legislature to pass,
by midnight on June 15 of each year, a Budget Bill for the ensuing
fiscal year. The Legislature is prohibited from sending to the
Governor for consideration a Budget Bill that would appropriate from
the General Fund for that fiscal year a total amount that, when
combined with other specified amounts, exceeds General Fund revenues
for that fiscal year estimated as of the date of the Budget Bill's
passage and set forth in the Budget Bill. In any year in which the
Budget Bill is not passed by the Legislature by midnight on June 15,
the California Constitution prohibits an appropriation from the
current or a future budget to pay any salary or reimbursement for
travel or living expenses for Members of the Legislature during any
regular or special session for the period from midnight on June 15
until the day that the Budget Bill is presented to the Governor.
The California Constitution creates the office of the Controller,
and existing law vests in the Controller specified responsibilities
with respect to the fiscal concerns of the state.
This measure would require the Controller, no later than 3 days
following the date upon which the Legislature has presented to the
Governor the Budget Bill for a fiscal year, to determine whether the
total amount the Budget Bill would appropriate from the General Fund
for that fiscal year, when combined with other specified amounts,
exceeds General Fund revenues for that fiscal year as estimated by
the Controller, and to notify the Legislature and the Governor
accordingly. If the Controller determines that his or her estimate of
General Fund revenues for that fiscal year is so exceeded, payments
of salary and reimbursement for travel or living expenses for Members
of the Legislature would be forfeited for the period from midnight
on the date of that notification or midnight on June 15, whichever is
later, until the Budget Bill has been enacted and the Controller's
estimate of General Fund revenues for that fiscal year is no longer
exceeded, or, if the Budget Bill has been enacted and that excess has
not been eliminated, until the Legislature presents to the Governor
one or more bills that would increase General Fund revenues, decrease
General Fund appropriations, or both, in an amount that would
eliminate that excess. This measure would also prohibit the Budget
Bill and other bills providing for appropriations related to the
Budget Bill, as defined, from being heard or acted on by a committee
or either house until the 3rd day after those bills have been printed
and distributed, or otherwise made available, to the Members of the
Legislature.
(2) If, following the enactment of the Budget Bill for a fiscal
year, the Governor determines that General Fund revenues for that
fiscal year will decline substantially below the estimate of General
Fund revenues upon which the Budget Bill was based or General Fund
expenditures will increase substantially above that estimate of
General Fund revenues, or both, the California Constitution permits
the Governor to declare a fiscal emergency and require the
Legislature to assemble in special session. If the Legislature fails
to pass and send to the Governor a bill or bills to address the
fiscal emergency by the 45th day following the Governor's declaration
of a fiscal emergency, the Legislature is prohibited from acting on
any other bill or adjourning for a joint recess until that bill or
those bills have been passed and sent to the Governor.
This measure would require the Governor's declaration of a fiscal
emergency to specify the amount by which General Fund revenues will
decline substantially below the estimate of General Fund revenues
determined by the Controller or by which General Fund expenditures
will increase substantially above that estimate of General Fund
revenues, or both. This measure would also provide that, if the
Legislature fails to send to the Governor a bill or bills that
address the fiscal emergency by the 45th day following the Governor's
declaration of a fiscal emergency, the actions the Legislature is
prohibited from taking include hearing, amending, or voting on any
other bill in either house of the Legislature or a committee thereof,
except a bill addressing an emergency, as defined, declared by the
Governor. In addition, this measure would specify that a bill or
bills shall be deemed to address the fiscal emergency only if the
bill or bills, if enacted, would increase General Fund revenues,
decrease General Fund expenditures, or both, by an amount at least
equal to the sum of the revenue shortfall and expenditure increase,
as applicable, identified in the Governor's declaration of a fiscal
emergency. The measure would require a bill addressing the fiscal
emergency to declare the amount by which it would increase General
Fund revenues, decrease General Fund expenditures, or both.
(3) The California Constitution provides for the power of
referendum, whereby voters may approve or reject statutes or part of
statutes, except urgency statutes, statutes calling elections,
statutes providing for tax levies, and statutes providing for
appropriations for the usual current expenses of the state.
This measure would declare that the Budget Bill and other bills
providing for appropriations related to the Budget Bill are subject
to referendum.
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 2011-12 Regular Session
commencing on the sixth day of December 2010, 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 10 of Article IV thereof is amended to read:
SEC. 10. (a) Each bill passed by the Legislature shall be
presented to the Governor. It becomes a statute if it is signed by
the Governor. The Governor may veto it by returning it with any
objections to the house of origin, which shall enter the objections
in the journal and proceed to reconsider it. If each house then
passes the bill by rollcall vote entered in the journal, two-thirds
of the membership concurring, it becomes a statute.
(b) (1) Any bill, other than a bill which would establish or
change boundaries of any legislative, congressional, or other
election district, 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, that is not
returned within 30 days after that date becomes a statute.
(2) Any bill passed by the Legislature before September 1 of the
second calendar year of the biennium of the legislative session and
in the possession of the Governor on or after September 1 that is not
returned on or before September 30 of that year becomes a statute.
(3) Any other bill presented to the Governor that is not returned
within 12 days becomes a statute.
(4) If the Legislature by adjournment of a special session
prevents the return of a bill with the veto message, the bill becomes
a statute unless the Governor vetoes the bill within 12 days after
it is presented by depositing it and the veto message in the office
of the Secretary of State.
(5) If the 12th day of the period within which the Governor is
required to perform an act pursuant to paragraph (3) or (4) of this
subdivision is a Saturday, Sunday, or holiday, the period is extended
to the next day that is not a Saturday, Sunday, or holiday.
(c) Any bill introduced during the first year of the biennium of
the legislative session that has not been passed by the house of
origin by January 31 of the second calendar year of the biennium may
no longer be acted on by the house. No bill may be passed by either
house on or after September 1 of an even-numbered year except
statutes calling elections, statutes providing for tax levies or
appropriations for the usual current expenses of the State, and
urgency statutes, and bills passed after being vetoed by the
Governor.
(d) The Legislature may not present any bill to the Governor after
November 15 of the second calendar year of the biennium of the
legislative session.
(e) The Governor may reduce or eliminate one or more items of
appropriation while approving other portions of a bill. The Governor
shall append to the bill a statement of the items reduced or
eliminated with the reasons for the action. The Governor shall
transmit to the house originating the bill a copy of the statement
and reasons. Items reduced or eliminated shall be separately
reconsidered and may be passed over the Governor's veto in the same
manner as bills.
(f) (1) If, following the enactment of the budget bill for the
2004-05 fiscal year or any subsequent fiscal year, the Governor
determines that, for that fiscal year, General Fund revenues will
decline substantially below the estimate of General Fund revenues
upon which the budget bill for that fiscal year, as enacted,
was based determined by the Controller pursuant to
subdivision (i) of Section 12 , or General Fund expenditures
will increase substantially above that estimate of General Fund
revenues, or both, the Governor may issue a proclamation declaring a
fiscal emergency and shall thereupon cause the Legislature to
assemble in special session for this purpose. The proclamation shall
identify the nature of the fiscal emergency , shall specify the
amount by which General Fund revenues will decline substantially
below the estimate of General Fund revenues or by which General Fund
expenditures will increase substantially above that estimate of
General Fund revenues, or both, as applicable, and shall be
submitted by the Governor to the Legislature, accompanied by proposed
legislation to address the fiscal emergency.
(2) (A) If the Legislature fails to pass and
send to the Governor a bill or bills to that
address the fiscal emergency by the 45th day following the
issuance of the proclamation, the Legislature may not act on any
other bill, nor may the Legislature adjourn for a joint recess, until
that bill or those bills have been passed and sent to the Governor.
(B) For purposes of this paragraph, "act on any other bill" means
hear, amend, or vote on any other bill in either house of the
Legislature or a committee thereof.
(3) Notwithstanding paragraph (2), the Legislature is not
prohibited, at any time, from acting on a bill that addresses an
emergency declared by the Governor. For purposes of this paragraph,
"emergency" has the same meaning as set forth in paragraph (2) of
subdivision (c) of Section 3 of Article XIII B.
(3)
(4) A bill addressing the fiscal emergency declared
pursuant to this section shall contain a statement to that effect
, including a declaration of the amount by which the bill would
increase General Fund revenues, decrease General Fund expenditures,
or both .
(5) For purposes of this subdivision, a bill or bills shall be
deemed to address the fiscal emergency only if the bill or bills, if
enacted, would increase General Fund revenues, decrease General Fund
expenditures, or both, by an amount at least equal to the sum of the
revenue shortfall and expenditure increase, as applicable, identified
pursuant to paragraph (1).
Second-- 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 and appropriations in the
budget bill and in other bills providing for appropriations related
to the budget bill, are void unless passed in each house by rollcall
vote entered in the journal, two-thirds of the membership concurring.
(e) (1) Notwithstanding any other provision of law or of this
Constitution, the budget bill and other bills providing for
appropriations related to the budget bill may be passed in each house
by rollcall vote entered in the journal, a majority of the
membership concurring, to take effect immediately upon being signed
by the Governor or upon a date specified in the legislation. Nothing
in this subdivision shall affect the vote requirement for
appropriations for the public schools contained in subdivision (d) of
this section and in subdivision (b) of Section 8 of this article.
(2) Notwithstanding any other provision of law or of this
Constitution, neither the budget bill nor any other bill providing
for appropriations related to the budget bill shall be heard or acted
on by a committee or either house until the third day after any such
bill has been printed and distributed, or otherwise made available,
to the Members of the Legislature.
(2)
(3) For purposes of this section, "other bills
providing for appropriations related to the budget bill" shall
consist only of bills identified as related to the budget in the
budget bill passed by the Legislature.
(f) The Legislature may control the submission, approval, and
enforcement of budgets and the filing of claims for all state
agencies.
(g) 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.
(h) Notwithstanding any other provision of law or of this
Constitution, including subdivision (c) of this section, Section 4 of
this article, and Sections 4 and 8 of Article III, in any year in
which the budget bill is not passed by the Legislature by midnight on
June 15, there shall be no appropriation from the current budget or
future budget to pay any salary or reimbursement for travel or living
expenses for Members of the Legislature during any regular or
special session for the period from midnight on June 15 until the day
that the budget bill is presented to the Governor. No salary or
reimbursement for travel or living expenses forfeited pursuant to
this subdivision shall be paid retroactively.
(i) No later than three days following the date upon which the
Legislature has presented the budget bill to the Governor, the
Controller shall determine whether the total amount that the budget
bill would appropriate from the General Fund, for the ensuing fiscal
year, 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 the Controller's estimate of General Fund
revenues for that fiscal year, and shall notify the Legislature and
the Governor accordingly. If the Controller determines that his or
her estimate of General Fund revenues for that fiscal year is so
exceeded, there shall be no appropriation from the current budget or
future budget to pay any salary or reimbursement for travel or living
expenses for Members of the Legislature during any regular or
special session for the period from midnight on the date of that
notification or midnight on June 15, whichever is later, until the
day that (1) the budget bill has been enacted and the Controller's
estimate of General Fund revenues for that fiscal year is no longer
so exceeded, or (2) if the budget bill has been enacted and that
excess has not been eliminated, until the Legislature presents to the
Governor one or more bills that would increase General Fund
revenues, decrease General Fund appropriations, or both, in an amount
that would eliminate that excess.
(j) The budget bill, and other bills providing for appropriations
related to the budget bill, are subject to referendum pursuant to
Section 9 of Article II.