SCA 2, as introduced, 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.
P2 1Resolved by the Senate, the Assembly concurring, That the
2Legislature of the State of California at its 2013-14 Regular
3Session commencing on the third day of December 2012,
4two-thirds of the membership of each house concurring, hereby
5proposes to the people of the State of California, that the
6Constitution of the State be amended as follows:
That Section 3 of Article IV thereof is amended to read:
(a) The Legislature shall convene in regular session
9at noon on the first Monday in December of each even-numbered
10year and each house shall immediately organize. Each session of
11the Legislature shall adjourn sine die by operation of the
12Constitution at midnight on November 30 of the following
13even-numbered year.
14(b) On extraordinary occasions the Governor by proclamation
15may cause the Legislature to assemble in special session. When
16so assembled it has power to legislate only on subjects specified
17in the proclamation but may provide for expenses and other matters
18incidental to the session.
19(c) This section does not apply to any legislative session
20commencing on or after December 1, 2014. This section shall
21remain in effect until December 1, 2014, and as of that date is
22repealed. Section 3 of Article IV, as added by the measure that
23added this subdivision, shall apply to legislative sessions
24commencing on or after December 1, 2014.
That Section 3 is added to Article IV thereof, to read:
(a) The Legislature shall convene in biennial regular
27session at noon on the first Monday in December of each
28even-numbered year and each house shall immediately organize.
P3 1Each regular session of the Legislature shall adjourn sine die by
2operation of the Constitution at midnight on November 30 of the
3following even-numbered year.
4(b) (1) Odd-numbered years of the biennial regular session,
5together with the immediately preceding December upon
6organization of each house, shall be known as budget sessions. In
7a budget session, the Legislature shall consider budget bills and
8budget implementation bills for the succeeding two fiscal years
9and may conduct any other business.
10(2) In a budget session, the Legislature shall conduct oversight
11and review of the revenues and expenditures of the State. In
12furtherance of that purpose, the Legislature shall establish an
13oversight and program review process for evaluating public
14programs that shall include, but not be limited to, periodic review
15of each program supported with state funds at least once every
16four years, unless each house by rollcall vote entered in the journal,
17two-thirds of the membership concurring, determines there is no
18public benefit to evaluating or reviewing a specific program. The
19process shall include the establishment of a schedule to review the
20operations and outcomes of each public program, performance
21standards that identify the intended goals to be supported by each
22program, and an evaluation of the impact of each program on the
23achievement of those goals.
24(c) Even-numbered years of the biennial regular session shall
25be known as
general sessions, during which any legislation may
26be considered.
27(d) On extraordinary occasions the Governor by proclamation
28may cause the Legislature to assemble in special session. When
29so assembled, the Legislature shall have power to legislate only
30on subjects specified in the proclamation, but may provide for
31expenses and other matters incidental to the session.
32(e) For purposes of this section, “budget implementation bill”
33means a bill that is identified in a statute enacting a budget bill as
34containing only changes in law necessary to implement the budget
35bill.
That Section 12 of Article IV thereof is amended to
37read:
(a) Within the first 10 days of each calendar year,
39the Governor shall submit to the Legislature, with an explanatory
40message, a budget for the ensuing fiscal year containing itemized
P4 1statements for recommended state expenditures and estimated state
2revenues. If recommended expenditures exceed estimated revenues,
3the Governor shall recommend the sources from which the
4additional revenues should be provided.
5(b) The Governor and the Governor-elect may require a state
6agency,begin delete officerend deletebegin insert officer,end insert or employee to furnish whatever
7information is deemed necessary to prepare the
budget.
8(c) (1) The budget shall be accompanied by a budget bill
9itemizing recommended expenditures.
10(2) The budget bill shall be introduced immediately in each
11house by the persons chairing the committees that consider the
12budget.
13(3) The Legislature shall pass the budget bill by midnight on
14June 15 of each year.
15(4) Until the budget bill has been enacted, the Legislature shall
16not send to the Governor for consideration any bill appropriating
17funds for expenditure during the fiscal year for which the budget
18bill is to be enacted, except emergency bills recommended by the
19Governor or appropriations for the salaries and expenses of the
20Legislature.
21(d) No bill except
the budget bill may contain more than one
22item of appropriation, and that for one certain, expressed purpose.
23Appropriations from the General Fund of the State, except
24appropriations for the public schools and appropriations in the
25budget bill and in other bills providing for appropriations related
26to the budget bill, are void unless passed in each house by rollcall
27vote entered in the journal, two-thirds of the membership
28concurring.
29(e) (1) Notwithstanding any other provision of law or of this
30Constitution, the budget bill and other bills providing for
31appropriations related to the budget bill may be passed in each
32house by rollcall vote entered in the journal, a majority of the
33membership concurring, to take effect immediately upon being
34signed by the Governor or upon a date specified in the legislation.
35Nothing in this subdivision shall affect the vote requirement for
36appropriations for the public schools contained in
subdivision (d)
37of this section and in subdivision (b) of Section 8 of this article.
38(2) For purposes of this section, “other bills providing for
39appropriations related to the budget bill” shall consist only of bills
P5 1identified as related to the budget in the budget bill passed by the
2Legislature.
3(f) The Legislature may control the submission, approval, and
4enforcement of budgets and the filing of claims for all state
5agencies.
6(g) For thebegin delete 2004-05 fiscal year, or any subsequent fiscal year,end delete
7begin insert 2004-05, 2005-06, 2006-07, 2007-08, 2008-09, 2009-10, end insert
8begin insert2010-11, 2011-12, 2012-13, 2013-14, and 2014-15 fiscal years,end insert
9 the Legislature may not
send to the Governor for consideration,
10nor may the Governor sign into law, a budget bill that would
11appropriate from the General Fund, for that fiscal year, a total
12amount that, when combined with all appropriations from the
13General Fund for that fiscal year made as of the date of the budget
14bill’s passage, and the amount of any General Fund moneys
15transferred to the Budget Stabilization Account for that fiscal year
16pursuant to Section 20 of Article XVI, exceeds General Fund
17revenues for that fiscal year estimated as of the date of the budget
18bill’s passage. That estimate of General Fund revenues shall be
19set forth in the budget bill passed by the Legislature.
20(h) Notwithstanding any other provision of law or of this
21Constitution, including subdivision (c) of this section, Section 4
22of this article, and Sections 4 and 8 of Article III, in any year in
23which the budget bill is not passed by the Legislature by midnight
24on June 15, there shall be
no appropriation from the current budget
25or future budget to pay any salary or reimbursement for travel or
26living expenses for Members of the Legislature during any regular
27or special session for the period from midnight on June 15 until
28the day that the budget bill is presented to the Governor. No salary
29or reimbursement for travel or living expenses forfeited pursuant
30to this subdivision shall be paid retroactively.
31(I) This section does not apply to the budget or budget bill for
32any fiscal period commencing on or after July 1, 2015. This section
33shall remain in effect until July 1, 2015, and as of that date is
34repealed. Section 12 of Article IV, as added by the measure that
35added this subdivision, shall apply to the budget and budget bill
36for fiscal periods commencing on or after July 1, 2015.
That Section 12 is added to Article IV thereof, to read:
(a) (1) Within the first 10 days of each
39odd-numbered calendar year, the Governor shall submit to the
40Legislature, with an explanatory message, a separate budget for
P6 1each of the two subsequent fiscal years thereafter commencing on
2July 1, containing itemized statements for recommended state
3expenditures and estimated state revenues. If recommended
4expenditures exceed estimated revenues, the Governor shall
5recommend the sources from which the additional revenues should
6be provided.
7(2) The budget submitted by the Governor shall include all of
8the following:
9(A) A goal statement for each public program that receives state
10funds in the budget.
11(B) A description of the outcome measures or other information
12that may be used to determine whether progress is being made in
13accomplishing goals identified pursuant to subparagraph (A), and
14the impact of each program supported by state funds in supporting
15that progress.
16(C) A historical report tracking the progress in meeting goals
17identified pursuant to subparagraph (A) and informing whether
18the state’s impact on goals is improving over time.
19(3) The budget submitted by the Governor, including related
20information regarding goals, outcomes, and performance required
21by paragraph (2), shall be made available to the public in text form
22in an open, electronic format that is machine readable, or in another
23format that is more readily accessible to the public.
24(b) The Governor and the Governor-elect may require a state
25agency, officer, or employee to furnish any information that is
26deemed necessary to prepare each budget.
27(c) (1) Each budget shall be accompanied by a budget bill
28itemizing recommended expenditures for the applicable fiscal year.
29(2) The budget bills shall be introduced immediately in each
30house by the persons chairing the committees that consider the
31budget.
32(3) The Legislature shall pass the budget bills by midnight on
33June 15 of the odd-numbered calendar year.
34(4) Until the budget bills are enacted, the Legislature shall not
35send to the Governor for consideration any bill appropriating funds
36for expenditure during either of the two subsequent fiscal years
37
for which the budget bills are to be enacted, except emergency
38bills recommended by the Governor or appropriations for the
39salaries and expenses of the Legislature.
P7 1(d) No bill except a budget bill may contain more than one item
2of appropriation, and that for one certain, expressed purpose.
3Appropriations from the General Fund of the State, except
4appropriations for the public schools and appropriations in the
5budget bill and in other bills providing for appropriations related
6to the budget bill, are void unless passed in each house by rollcall
7vote entered in the journal, two-thirds of the membership
8concurring.
9(e) (1) Notwithstanding any other provision of law or of this
10Constitution, the budget bill and other bills providing for
11appropriations related to the budget bill may be passed in each
12house by rollcall vote entered in the journal, a majority of the
13
membership concurring, to take effect immediately upon being
14signed by the Governor or upon a date specified in the legislation.
15Nothing in this subdivision shall affect the vote requirement for
16appropriations for the public schools contained in subdivision (d)
17of this section and in subdivision (b) of Section 8.
18(2) For purposes of this section, “other bills providing for
19appropriations related to the budget bill” shall consist only of bills
20identified as related to the budget in the budget bill passed by the
21Legislature.
22(f) The Legislature may control the submission, approval, and
23enforcement of budgets and the filing of claims for all state
24agencies.
25(g) For the fiscal year beginning July 1, 2015, and every July 1
26thereafter, the Legislature shall not send to the Governor for
27consideration, nor may the Governor
sign into law, a budget bill
28that would appropriate from the General Fund, for that fiscal year,
29a total amount that, when combined with all appropriations from
30the General Fund for that fiscal year made as of the date of the
31budget bill’s passage and with the amount of any General Fund
32moneys transferred to the Budget Stabilization Account for that
33fiscal year pursuant to Section 20 of Article XVI, exceeds General
34Fund revenues for that fiscal year estimated as of the date of the
35budget bill’s passage. That estimate of General Fund revenues
36shall be set forth in the budget bill passed by the Legislature.
37(h) Notwithstanding any other provision of law or of this
38Constitution, including subdivision (c) of this section, Section 4
39of this article, and Sections 4 and 8 of Article III, in any year in
40which the budget bill is not passed by the Legislature by midnight
P8 1on June 15, there shall be no appropriation from the current budget
2or future budget
to pay any salary or reimbursement for travel or
3living expenses for Members of the Legislature during any regular
4or special session for the period from midnight on June 15 until
5the day that the budget bill is presented to the Governor. No salary
6or reimbursement for travel or living expenses forfeited pursuant
7to this subdivision shall be paid retroactively.
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