BILL NUMBER: SCA 2	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 6, 2012
	AMENDED IN SENATE  JULY 5, 2012
	AMENDED IN SENATE  FEBRUARY 15, 2011
	AMENDED IN SENATE  JANUARY 10, 2011

INTRODUCED BY   Senator Wyland
   (Principal coauthor: Senator Emmerson)

                        DECEMBER 6, 2010

   A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending,
repealing, and adding Sections 3 and 12 of Article IV thereof,
relating to legislative sessions.



	LEGISLATIVE COUNSEL'S DIGEST


   SCA 2, as amended, Wyland. Revised biennial session.
   (1) The California Constitution requires the Legislature to
convene in regular biennial session at noon on the first Monday in
December of each even-numbered year to consider legislation and the
Budget Bill.
   This measure would require the Legislature to convene in regular
biennial session, but would require, commencing on December 1, 2014,
that the sessions held in odd-numbered years be budget sessions, and
that the sessions held in even-numbered years be general sessions.
The measure would require the Legislature in the budget session to
adopt Budget Bills for each of the 2 subsequent fiscal years. While
the Legislature would be authorized to conduct any other business
during a budget session, the measure would require the Legislature,
during a budget session, to consider Budget Bills and budget
implementation bills, as defined. The measure would further require
the Legislature, during a budget session, to conduct oversight and
review of state revenues and expenditures and, in that connection, to
establish an oversight and program review process for evaluating
public programs supported with state funds, as specified.
   (2) The California Constitution requires that a budget be
submitted by the Governor, and that the Legislature pass a Budget Act
on or before June 15. Funds may be expended from the State Treasury
for support of the state government only through an appropriation
made by law.
   This measure would require, in each odd-numbered calendar year,
commencing in 2015, that the Governor submit to the Legislature a
proposed budget for each of the 2 subsequent fiscal years. The
measure would require that the budget submitted by the Governor
include a goal statement, description of outcome measures, and a
historical report for each public program for which state funds are
appropriated by that budget, as specified.
   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 3 of Article IV thereof is amended to read:
      SEC. 3.  (a) The Legislature shall convene in regular session
at noon on the first Monday in December of each even-numbered year
and each house shall immediately organize. Each session of the
Legislature shall adjourn sine die by operation of the Constitution
at midnight on November 30 of the following even-numbered year.
   (b) On extraordinary occasions the Governor by proclamation may
cause the Legislature to assemble in special session. When so
assembled it has power to legislate only on subjects specified in the
proclamation but may provide for expenses and other matters
incidental to the session.
   (c) This section does not apply to any legislative session
commencing on or after December 1, 2014. This section shall remain in
effect until December 1, 2014, and as of that date is repealed.
Section 3 of Article IV, as added by the measure that added this
subdivision, shall apply to legislative sessions commencing on or
after December 1, 2014.
  Second--  That Section 3 is added to Article IV thereof, to read:
      SEC. 3.  (a) The Legislature shall convene in biennial regular
session at noon on the first Monday in December of each even-numbered
year and each house shall immediately organize. Each regular session
of the Legislature shall adjourn sine die by operation of the
Constitution at midnight on November 30 of the following
even-numbered year.
   (b) (1) Odd-numbered years of the biennial regular session,
together with the immediately preceding December upon organization of
each house, shall be known as budget sessions. In a budget session,
the Legislature shall consider budget bills and budget implementation
bills for the succeeding two fiscal years and may conduct any other
business.
   (2) In a budget session, the Legislature shall conduct oversight
and review of the revenues and expenditures of the State. In
furtherance of that purpose, the Legislature shall establish an
oversight and program review process for evaluating public programs
that shall include, but not be limited to, periodic review of each
program supported with state funds at least once every four years,
unless each house by rollcall vote entered in the journal, two-thirds
of the membership concurring, determines there is no public benefit
to evaluating or reviewing a specific program. The process shall
include the establishment of a schedule to review the operations and
outcomes of each public program, performance standards that identify
the intended goals to be supported by each program, and an evaluation
of the impact of each program on the achievement of those goals.
   (c) Even-numbered years of the biennial regular session shall be
known as general sessions, during which any legislation may be
considered.
   (d) On extraordinary occasions the Governor by proclamation may
cause the Legislature to assemble in special session. When so
assembled, the Legislature shall have power to legislate only on
subjects specified in the proclamation, but may provide for expenses
and other matters incidental to the session.
   (e) For purposes of this section, "budget implementation bill"
means a bill that is identified in a statute enacting a budget bill
as containing only changes in law necessary to implement the budget
bill.
  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 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) 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, 2005-06, 2006-07, 2007-08, 2008-09, 2009-10,
2010-11, 2011-12, 2012-13, 2013-14, and 2014-15 fiscal years, 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) This section does not apply to the budget or budget bill for
any fiscal period commencing on or after July 1, 2015. This section
shall remain in effect until July 1, 2015, and as of that date is
repealed. Section 12 of Article IV, as added by the measure that
added this subdivision, shall apply to the budget and budget bill for
fiscal periods commencing on or after July 1, 2015.
  Fourth--  That Section 12 is added to Article IV thereof, to read:
      SEC. 12.  (a) (1) Within the first 10 days of each odd-numbered
calendar year, the Governor shall submit to the Legislature, with an
explanatory message, a separate budget for each of the two
subsequent fiscal years thereafter commencing on July 1, 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.
   (2) The budget submitted by the Governor shall include all of the
following:
   (A) A goal statement for each public program that receives state
funds in the budget.
   (B) A description of the outcome measures or other information
that may be used to determine whether progress is being made in
accomplishing goals identified pursuant to subparagraph (A), and the
impact of each program supported by state funds in supporting that
progress.
   (C) A historical report tracking the progress in meeting goals
identified pursuant to subparagraph (A) and informing whether the
state's impact on goals is improving over time.
   (3) The budget submitted by the Governor, including related
information regarding goals, outcomes, and performance required by
paragraph (2), shall be made available to the public in text form in
an open, electronic format that is machine readable, or in another
format that is  more  readily accessible to the public.
   (b) The Governor and the Governor-elect may require a state
agency, officer, or employee to furnish any information that is
deemed necessary to prepare each budget.
   (c) (1) Each budget shall be accompanied by a budget bill
itemizing recommended expenditures for the applicable fiscal year.
   (2) The budget bills shall be introduced immediately in each house
by the persons chairing the committees that consider the budget.
   (3) The Legislature shall pass the budget bills by midnight on
June 15 of the odd-numbered calendar year.
   (4) Until the budget bills are enacted, the Legislature shall not
send to the Governor for consideration any bill appropriating funds
for expenditure during either of the two subsequent fiscal years for
which the budget bills are to be enacted, except emergency bills
recommended by the Governor or appropriations for the salaries and
expenses of the Legislature.
   (d) No bill except a 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.
   (2) 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 fiscal year beginning July 1, 2015, and every July 1
thereafter, the Legislature shall 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 with 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.