Bill Text: CA ACA13 | 2013-2014 | Regular Session | Introduced
Bill Title: State budget.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-04-03 - Referred to Com. on BUDGET. [ACA13 Detail]
Download: California-2013-ACA13-Introduced.html
BILL NUMBER: ACA 13 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Nestande
MARCH 17, 2014
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 12
of Article IV thereof, relating to the state budget.
LEGISLATIVE COUNSEL'S DIGEST
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.
Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2013-14 Regular
Session, commencing on the third day of December 2012, 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:
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) (1) 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 as most recently
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 pursuant to paragraph
(2) .
(2) The Controller shall provide to the Legislature, no later than
the preceding June 1, or earlier upon request by the Legislature by
concurrent resolution, an estimate of the General Fund revenues for
the fiscal year to which the budget bill applies. The Controller's
estimate of General Fund revenues shall be set forth in the budget
bill passed by the Legislature.
(3) The Controller shall, within three days after a budget bill is
sent to the Governor for consideration, certify whether the bill
would, as of the date of that certification, satisfy the requirements
of paragraph (1). The Governor shall not sign a budget bill into law
prior to that certification.
(4) In the event that the Controller certifies that the budget
bill sent to him or her for consideration does not satisfy the
requirements of paragraph (1), the Governor may sign the budget bill
only if all of the following have occurred:
(A) The Governor reduces or eliminates one or more items of
appropriation pursuant to subdivision (e) of Section 10 so that the
bill will satisfy the requirements of paragraph (1).
(B) The Governor submits the budget bill with those adjustments to
the Controller, who shall certify, within three days of that
submission, whether the budget bill, as adjusted, satisfies the
requirements of paragraph (1).
(C) The Controller certifies that the budget bill, as proposed to
be adjusted, satisfies the requirements of paragraph (1).
(5) After sending a budget bill to the Governor for consideration,
neither house of the Legislature shall adjourn for more than 10 days
before the date the Controller certifies, pursuant to paragraph (3)
or (4), that the budget bill, or a budget bill for the same fiscal
year sent to the Governor thereafter, satisfies the requirements of
paragraph (1).
(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.
