BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  ACA 13
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          Date of Hearing:   May 5, 2011

                            ASSEMBLY COMMITTEE ON BUDGET
                               Bob Blumenfield, Chair
                 ACA 13 (Nestande) - As Introduced: December 29, 2010

           SUBJECT  :   State budget.
           
          SUMMARY  :   Prohibits the Legislature from sending to the 
          Governor a Budget Bill in which General Fund appropriations 
          exceeded General Fund revenues as determined by the Controller.  
          Specifically,  this bill  :

          1)Requires the Controller to provide to the Legislature no later 
            than June 1 of each year an estimate of the General Fund 
            revenues for the budget year with the estimate to be included 
            in the Budget Bill.

          2)Requires the Controller, within three days after the Budget 
            Bill is sent to the Governor, to certify whether the bill 
            would satisfy the existing requirement that Budget Bill 
            appropriations (together with other appropriations and amounts 
            transferred to the Budget Stabilization Account) do not exceed 
            General Fund revenues for that fiscal year.

          3)Prohibits the Governor from signing the Budget Bill into law 
            prior to receiving the Controller's certification as described 
            above.

          4)Allows the Governor to sign the Budget Bill, if the Controller 
            has certified that revenues do not exceed appropriations (as 
            described above), only if the following occur:

             a)   The Governor eliminates or reduces one or more 
               appropriation items such that General Fund appropriations 
               do not exceed General Fund revenues; and,

             b)   The Governor submits the budget bill to the Controller 
               who certifies within three days of submission that General 
               Fund appropriations do not exceed General Fund revenues.

          5)Prevents the Legislature from adjourning for more than 10 
            days, after the Budget Bill has been sent to the Governor, 
            before the Controller certifies that for that Budget Bill 
            General Fund appropriations do not exceed General Fund 








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            revenues.

           EXISTING LAW:   Requires submission by the Governor to the 
          Legislature a budget plan with proposed expenditures and 
          estimated revenues. Prohibits the Legislature from sending a 
          Budget Bill to the Governor that would appropriate from the 
          General Fund amounts in excess of General Fund revenues and 
          prevents the Governor from signing such a bill. 

           FISCAL EFFECT  :  Annual costs in the low- to mid-hundreds of 
          thousands of dollars associated with establishing new revenue 
          estimating expertise for the Controller's office.

           COMMENTS  :  The Controller serves as the state's chief fiscal 
          officer and as such, the office offers professional 
          administrative services, fiscal controls, and independent 
          oversight of the state's financial activities. The office 
          monitors cash balances as part of its regular duties; however, 
          it does not engage in revenue estimating to any substantial 
          degree. Revenue estimates are currently conducted by the 
          Department of Finance (DOF) and the Legislative Analyst's Office 
          (LAO) and are incorporated into the budget-making process. This 
          estimating activity relies on complex economic and financial 
          modeling and requires a non-trivial commitment of resources and 
          substantial expertise. Given this, it is likely that any 
          certification by the Controller would either rely on existing 
          data sources, such as those estimates already conducted by DOF 
          or LAO, or would require an additional commitment of resources 
          for the Controller to establish an independent revenue 
          estimating unit.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file.

           Opposition 
           
          None on file.
           

          Analysis Prepared by  :    Mark Ibele / BUDGET / (916) 319-2099 










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