Bill Text: CA AB1887 | 2011-2012 | Regular Session | Introduced
Bill Title: Legislative funds.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-04-26 - In committee: Set, first hearing. Failed passage. [AB1887 Detail]
Download: California-2011-AB1887-Introduced.html
BILL NUMBER: AB 1887 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Portantino
FEBRUARY 22, 2012
An act to amend Sections 9126, 9127, 9129, and 9133 of the
Government Code, relating to the Legislature.
LEGISLATIVE COUNSEL'S DIGEST
AB 1887, as introduced, Portantino. Legislative funds.
(1) Existing law requires all appropriations for contingent
expenses of the Senate and Assembly to be deposited into the Senate
Operating Fund and the Assembly Operating Fund, respectively.
Existing law states that appropriations deposited in and credited to
those operating funds are continuously available without regard to
fiscal years, except that appropriations made at extraordinary
sessions for the expenses of those sessions shall be maintained as
special accounts within the particular funds and shall be available
for expenditure for the expenses of the sessions for a period of one
year after the date upon which the appropriation first becomes
available for expenditure.
This bill would, instead, provide that an appropriation deposited
in and credited to the operating funds be available for expenditure
for the expenses of the Senate or Assembly for a period of one year
after the date upon which the appropriation first becomes available
for expenditure, and that any unexpended balance of the appropriation
be transferred to the General Fund following the last day of the
period of its availability. The bill would state that the moneys so
transferred to the General Fund, upon appropriation by the
Legislature, shall be appropriated to the Student Aid Commission for
expenditure in connection with administering the Cal Grant program.
This bill would also state that moneys in the operating funds
shall be expended for a legislative purpose of the house, and shall
not be transferred to a state agency, unless the expenditure or
transfer is expressly authorized by statute.
(2) Existing law requires the Joint Rules Committee annually to
contract for an independent audit or audits of all funds and entities
of the Legislature, as specified. Existing law requires these audits
to be completed, and reports thereon made to the respective houses
of the Legislature, and to the public, by November 30 of each year
for the previous fiscal year ending June 30.
This bill would require the Controller to conduct these
independent audits for each of the 2012-13 and 2013-14 fiscal years.
For the 2014-15 fiscal year and each fiscal year thereafter, the
Joint Rules Committee would be required to contract for the
independent audits, to be conducted in accordance with guidelines
established by the Controller.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 9126 of the Government Code is amended to read:
9126. Unless specifically exempted from this section, all
appropriations for contingent expenses of the Senate and legislative
committees thereof, including appropriations previously made
which that have not reverted to the General
Fund, shall be deposited in and credited to the Senate
Contingent Operating Fund, which
fund is created in the State Treasury. The
money moneys in the fund shall be
available for the expenses of the Senate and legislative committees
thereof, subject to the restrictions specified in Section 9129,
and shall be disbursed under or pursuant to the direction of
the Senate as provided in the rules, orders, and resolutions of the
Senate, or as provided by the Senate Committee on Rules (which
committee has a continuing existence during sessions and between
sessions with such powers, duties , and responsibilities
as the Senate from time to time shall prescribe) as and when
thereunto authorized by the Senate. The money
moneys in the fund shall be disbursed pursuant
to, and the powers, duties , and responsibilities of the
Senate Committee on Rules shall be as provided by, the rules, orders
, and resolutions adopted by the Senate at the 1949
Regular Session until modified or superseded by Senate action at a
subsequent session. The moneys in the fund shall be
expended only for legislative purposes of the Senate, and shall not
be transferred to any state agency, unless the expenditure or
transfer is expressly authorized by statute.
SEC. 2. Section 9127 of the Government Code is amended to read:
9127. Unless specifically exempted from this section, all
appropriations for contingent expenses of the Assembly and
legislative committees thereof, including appropriations previously
made which that have not reverted to
the General Fund, shall be deposited in and credited to the Assembly
Contingent Operating Fund, which
fund is created in the State Treasury. The
money moneys in the fund shall be
available for the expenses of the Assembly and legislative committees
thereof , subject to the restrictions specified in Section
9129, and shall be disbursed under or pursuant to the direction
of the Assembly as provided in the rules, orders, and resolutions of
the Assembly, or as provided by the Assembly Rules
Committee on Rules (which committee has a
continuing existence during sessions and between sessions with such
powers, duties , and responsibilities as the Assembly from
time to time shall prescribe) as and when thereunto
authorized by the Assembly. The money
moneys in the fund shall be disbursed, pursuant to, and
the powers, duties , and responsibilities of the Assembly
Rules Committee on Rules shall be as
provided by, the rules, orders , and resolutions adopted
by the Assembly at the 1949 Regular Session until modified or
superseded by Assembly action at a subsequent session. The
moneys in the fund shall be expended only for legislative purposes of
the Assembly, and shall not be transferred to any state agency,
unless the expenditure or transfer is expressly authorized by
statute.
SEC. 3. Section 9129 of the Government Code is amended to read:
9129. Appropriations Any appropriation
deposited in and credited to the Senate Contingent
Operating Fund or the Assembly
Contingent Operating Fund shall be
continuously available without regard to fiscal
years, except that appropriations made at extraordinary or special
sessions for expenditure for the expenses of
said sessions shall be maintained as special accounts within
the particular funds and shall be available for expenditure for such
purpose the S enate or the Assembly,
respectively, pursuant to Sections 9126 and 9127, for a period
of one year after the date upon which the appropriation first becomes
available for expenditure, and the any
unexpended balance of any such the
appropriation shall revert to the fund from which the
appropriation was made upon the expiration of one year
be transferred to the General Fund following the last day of
the period of its availability . The moneys transferred to the
General Fund pursuant to this section shall, upon appropriation by
the Legislature, be available to the Student Aid Commission for
expenditure in connection with administering the
Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program in
accordance with Chapter 1.7 (commencing with Section 69430) of Part
42 of Division 5 of Title 3 of the Education Code .
SEC. 4. Section 9133 of the Government Code is amended to read:
9133. (a) The Joint Rules Committee (1)
For each of the 2012-13 and 2013-14 fiscal
years, the Controller shall annually contract for
conduct an independent audit or audits of all
funds and entities of the Legislature, including, but not limited to,
the expenditures of the Assembly Operating Fund, the Senate
Operating Fund, the Operating Funds of the Assembly and Senate,
expenditures for legislative printing, and General Fund expenditures
for reimbursement of Members of the Legislature pursuant to Sections
8902 and 8903. These audits shall be made in accordance with
generally accepted auditing standards established by the American
Institute of Certified Public Accountants.
(2) For the 2014-15 fiscal year and each fiscal year thereafter,
the Joint Rules Committee shall annually contract for an independent
audit or audits of all funds and entities of the Legislature,
including, but not limited to, the expenditures of the Assembly
Operating Fund, the Senate Operating Fund, the Operating Funds of the
Assembly and Senate, expenditures for legislative printing, and
General Fund expenditures for reimbursement of Members of the
Legislature pursuant to Sections 8902 and 8903. These audits shall be
made in accordance with generally accepted auditing standards
established by the American Institute of Certified Public
Accountants, and guidelines established by the Controller.
(b) These audits shall each include, but need not be limited to,
an evaluation of:
(1) The expenditures in the following categories:
(A) Out-of-state travel and living expense reimbursement and
in-state travel and living expense reimbursement.
(B) Automotive expenses.
(C) Building utilities, maintenance, and rent.
(D) Telephone.
(E) Postage.
(F) Printing.
(G) Office supplies.
(H) Newsletters.
(I) Per diem for attendance at legislative sessions.
(J) Employee salaries and benefits.
(K) Employee travel and per diem.
(L) Equipment and furniture.
(M) Telegraph.
(N) Freight.
(O) Publications.
(P) Study contracts and any other contract not reported under any
other category.
(Q) Meals.
(R) Ceremonies and events.
(S) First-class air travel.
(T) Automotive repairs.
(U) Office alterations.
(V) All other expenditures.
(2) The accuracy of the annual fiscal year financial statements of
the rules committees.
(c) These independent audits shall be completed, and reports
thereon made to the respective houses of the Legislature, and to the
public, by November 30 of each year for the previous fiscal year
ending June 30.
