ACA 13, as introduced, Nestande. State budget.
Existing provisions of the California Constitution prohibit the Legislature from sending to the Governor for consideration, and prohibit the Governor from signing, a Budget Bill that would appropriate from the General Fund a total amount that, when combined with specified appropriations and transfers, exceeds General Fund revenues for that fiscal year estimated as of the date of the Budget Bill’s passage.
This measure would require that the estimate of the General Fund revenues described above be made by the Controller. The measure would require the Controller, within 3 days after a Budget Bill is submitted to the Governor, to certify whether the Budget Bill meets the above requirement regarding appropriations from the General Fund. The Governor would be prohibited from signing a Budget Bill that the Controller certifies as not meeting that requirement unless the Governor reduces or eliminates items of appropriation in the bill and the Controller certifies that the bill, as adjusted, meets that requirement.
This measure would prohibit either house of the Legislature from adjourning for a recess after sending a Budget Bill to the Governor until the Controller has provided the certification described above.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
P2 1Resolved by the Assembly, the Senate 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 12 of Article IV thereof is amended to read:
(a) Within the first 10 days of each calendar year,
9the Governor shall submit to the Legislature, with an explanatory
10message, a budget for the ensuing fiscal year containing itemized
11statements for recommended state expenditures and estimated state
12revenues. If recommended expenditures exceed estimated revenues,
13the Governor shall recommend the sources from whichbegin delete theend delete
14 additional revenues should be provided.
15(b) The Governor and the Governor-elect may require a state
16agency, officerbegin insert,end insert or employee to furnish whatever information is
17deemed necessary to prepare the budget.
18(c) (1) The budget shall be accompanied by a budget bill
19itemizing recommended expenditures.
20(2) The budget bill shall be introduced immediately in each
21house by the persons chairing the committees that consider the
22budget.
23(3) The Legislature shall pass the budget bill by midnight on
24June 15 of each year.
25(4) Until the budget bill has been enacted, the Legislature shall
26not send to the Governor for consideration any bill appropriating
27funds for expenditure during the fiscal year for which the budget
28bill is to be enacted, except emergency bills recommended by the
29Governor or appropriations for the salaries and expenses of the
30Legislature.
31(d) No bill except the budget
bill may contain more than one
32item of appropriation, and that for one certain, expressed purpose.
33Appropriations from the General Fund of the State, except
34appropriations for the public schools and appropriations in the
35budget bill and in other bills providing for appropriations related
36to the budget bill, are void unless passed in each house by rollcall
P3 1vote entered in the journal, two-thirds of the membership
2concurring.
3(e) (1) Notwithstanding any other provision of law or of this
4Constitution, the budget bill and other bills providing for
5appropriations related to the budget bill may be passed in each
6house by rollcall vote entered in the journal, a majority of the
7membership concurring, to take effect immediately upon being
8signed by the Governor or upon a date specified in the legislation.
9Nothing in this subdivision shall affect the vote requirement for
10appropriations for the public schools contained in subdivision
(d)
11of this section and in subdivision (b) of Section 8begin delete of this articleend delete.
12(2) For purposes of this section, “other bills providing for
13appropriations related to the budget bill” shall consist only of bills
14identified as related to the budget in the budget bill passed by the
15Legislature.
16(f) The Legislature may control the submission, approval, and
17enforcement of budgets and the filing of claims for all state
18agencies.
19(g) begin insert(1)end insertbegin insert end insert For the 2004-05 fiscal year, or any subsequent fiscal
20year, the Legislature
may not send to the Governor for
21considerationbegin delete, nor may the Governor sign into law,end delete
a budget bill
22that would appropriate from the General Fund, for that fiscal year,
23a total amount that, when combined with all appropriations from
24the General Fund for that fiscal year made as of the date of the
25budget bill’s passage, and the amount of any General Fund moneys
26transferred to the Budget Stabilization Account for that fiscal year
27pursuant to Section 20 of Article XVI, exceeds General Fund
28revenues for that fiscal yearbegin insert as most recentlyend insert estimatedbegin delete as of the begin insert pursuant to paragraph (2)end insert.
29date of the budget bill’s passage. That estimate of General Fund
30revenues shall be set forth in the budget bill passed by the
31Legislatureend delete
32(2) The Controller shall provide to the Legislature, no later
33than the preceding June 1, or earlier upon request by the
34Legislature by concurrent resolution, an estimate of the General
35Fund revenues for the fiscal year to which the budget bill applies.
36The Controller’s estimate of General Fund revenues shall be set
37forth in the budget bill passed by the Legislature.
38(3) The Controller shall, within three days after a budget bill
39is sent to the Governor for consideration, certify whether the bill
40would, as of the date of that certification, satisfy the requirements
P4 1of paragraph (1). The Governor shall not sign a budget bill into
2law prior to that certification.
3(4) In the event that the Controller certifies that
the budget bill
4sent to him or her for consideration does not satisfy the
5requirements of paragraph (1), the Governor may sign the budget
6bill only if all of the following have occurred:
7(A) The Governor reduces or eliminates one or more items of
8appropriation pursuant to subdivision (e) of Section 10 so that the
9bill will satisfy the requirements of paragraph (1).
10(B) The Governor submits the budget bill with those adjustments
11to the Controller, who shall certify, within three days of that
12submission, whether the budget bill, as adjusted, satisfies the
13requirements of paragraph (1).
14(C) The Controller certifies that the budget bill, as proposed to
15be adjusted, satisfies the requirements of paragraph (1).
16(5) After sending a budget bill to the Governor
for consideration,
17neither house of the Legislature shall adjourn for more than 10
18days before the date the Controller certifies, pursuant to paragraph
19(3) or (4), that the budget bill, or a budget bill for the same fiscal
20year sent to the Governor thereafter, satisfies the requirements of
21paragraph (1).
22(h) Notwithstanding any other provision of law or of this
23Constitution, including subdivision (c) of this section, Section 4
24of this article, and Sections 4 and 8 of Article III, in any year in
25which the budget bill is not passed by the Legislature by midnight
26on June 15, there shall be no appropriation from the current budget
27or future budget to pay any salary or reimbursement for travel or
28living expenses for Members of the Legislature during any regular
29or special session for the period from midnight on June 15 until
30the day that the budget bill is presented to the Governor. No salary
31or reimbursement for travel or
living expenses forfeited pursuant
32to this subdivision shall be paid retroactively.
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