Bill Text: CA ACA3 | 2011-2012 | Regular Session | Introduced
Bill Title: Revised biennial session.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-14 - Referred to Com. on RLS. [ACA3 Detail]
Download: California-2011-ACA3-Introduced.html
BILL NUMBER: ACA 3 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jeffries
DECEMBER 6, 2010
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending,
repealing, and adding Sections 3, 8, 10, 11, and 12 of Article IV
thereof, relating to legislative sessions.
LEGISLATIVE COUNSEL'S DIGEST
ACA 3, as introduced, Jeffries. 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 3, 2012,
that the sessions held in odd-numbered years be budget sessions, and
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. The measure would
prohibit the Legislature, during a budget session, from considering
legislation other than the Budget Bills and related revenue bills,
except bills addressing a declared state of emergency or urgency
statutes. Urgency statutes would require a 3/4 vote of the membership
in each house for passage during a budget session.
The measure would provide that at general sessions the Legislature
may consider any legislation other than Budget Bills, except under
specified conditions.
(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 the Legislature.
This measure would require, in each odd-numbered calendar year,
commencing in 2013, that the Governor submit to the Legislature 2
proposed budgets for the 2 subsequent fiscal years, respectively.
The measure would provide, commencing with the 2013-14 fiscal
year, that if the Budget Act is not enacted by July 1, unspecified
amounts be appropriated from the General Fund and other funds and
sources to the Controller for allocation by the Director of Finance
to pay the current expenses for critical services of the state
government, excluding salaries and per diem of Members of the
Legislature, not exceeding the amounts expended to fund those
services for the preceding fiscal year.
(3) The California Constitution authorizes each house of the
Legislature to provide for the selection of committees necessary for
the conduct of its business, including committees to ascertain facts
and make recommendations to the Legislature on a subject within the
scope of legislative control.
This measure would require, during a budget session, that each
standing policy committee of each house of the Legislature function
as a budget subcommittee to make recommendations, to the standing
committee of each house of the Legislature that considers the budget,
proposed amendments to the pending Budget Bill, relative to the
adoption or modification of Budget Bill matters within the subject
area of the standing policy committee. The measure would, after each
Budget Bill has been passed, require each standing policy committee
to meet for purposes of oversight and review of programs within the
subject area of the committee.
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 2011-12 Regular Session
commencing on the sixth day of December 2010, 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:
First-- That Section 3 of Article IV thereof is amended to read:
SEC. 3. (a) The Legislature shall convene in regular session
at noon on the first Monday in December of each even-numbered year
and each house shall immediately organize. Each session of the
Legislature shall adjourn sine die by operation of the Constitution
at midnight on November 30 of the following even-numbered year.
(b) On extraordinary occasions the Governor by proclamation may
cause the Legislature to assemble in special session. When so
assembled it has power to legislate only on subjects specified in the
proclamation but may provide for expenses and other matters
incidental to the session.
(c) This section does not apply to any legislative session
commencing on or after December 3, 2012. This section shall remain in
effect until December 3, 2012, and as of that date is repealed.
Section 3 of Article IV, as added by the measure that added this
subdivision, shall apply to legislative sessions commencing on or
after December 3, 2012.
Second-- That Section 3 is added to Article IV thereof, to read:
SEC. 3. (a) The Legislature shall convene in biennial regular
session at noon on the first Monday in December of each even-numbered
year and each house shall immediately organize. Each regular session
of the Legislature shall adjourn sine die by operation of the
Constitution at midnight on November 30 of the following
even-numbered year.
(b) Odd-numbered years of the biennial regular session, together
with the immediately preceding December upon organization of each
house, shall be known as budget sessions. In a budget session, the
Legislature shall consider only budget bills for the succeeding two
fiscal years, and revenue bills necessary therefor, except as
follows:
(1) The Legislature may consider a bill to address an emergency
declared by the Governor, subject to all of the following:
(A) A resolution is adopted, by rollcall vote entered in the
journal, two-thirds of the membership of each house concurring,
declaring that a state of emergency exists.
(B) Each bill referred to a committee, or taken up on the floor,
shall be germane to the declared state of emergency.
(C) Each bill described in subparagraph (B) shall be passed by
rollcall vote entered in the journal, two-thirds of the membership of
each house concurring.
(D) As used in this paragraph, "emergency" means the existence, as
declared by the Governor, of conditions of disaster or of extreme
peril to the safety of persons and property within the State, or
parts thereof, caused by such conditions as attack or probable or
imminent attack by an enemy of the United States, fire, flood,
drought, storm, civil disorder, earthquake, or volcanic eruption.
(2) The Legislature may consider a bill to enact an urgency
statute that satisfies paragraphs (1) and (2) of subdivision (d) of
Section 8.
(c) (1) Even-numbered years of the biennial regular session shall
be known as general sessions, at which any legislation other than the
budget bills may be considered.
(2) If the estimate of General Fund revenues upon which the budget
bill enacted for a fiscal year was based is determined to exceed
General Fund revenues for that fiscal year by more than 6 percent, or
General Fund expenditures for the fiscal year are determined to
exceed that estimate of General Fund revenues by more than 6 percent,
the Legislature may meet in the general session to amend or augment
the budget act for that fiscal year. A bill in the general session to
amend or augment the budget act shall contain a finding that the
bill satisfies the requirements of this paragraph.
(d) On extraordinary occasions the Governor by proclamation may
cause the Legislature to assemble in special session. When so
assembled it has power to legislate only on subjects specified in the
proclamation but may provide for expenses and other matters
incidental to the session.
Third-- That Section 8 of Article IV thereof is amended to read:
SEC. 8. (a) At regular sessions no bill other than the budget
bill may be heard or acted on by committee or either house until the
31st day after the bill is introduced unless the house dispenses with
this requirement by rollcall vote entered in the journal,
three fourths three- fourths of the
membership concurring.
(b) The Legislature may make no law except by statute and may
enact no statute except by bill. No bill may be passed unless it is
read by title on 3 three days in each
house except that the house may dispense with this requirement by
rollcall vote entered in the journal, two thirds
two- thirds of the membership concurring. No
bill may be passed until the bill with amendments has been printed
and distributed to the members Members
. No bill may be passed unless, by rollcall vote entered in the
journal, a majority of the membership of each house concurs.
(c) (1) Except as provided in paragraphs (2) and (3) of
this subdivision , a statute enacted at a regular session
shall go into effect on January 1 next following a 90-day period from
the date of enactment of the statute and a statute enacted at a
special session shall go into effect on the 91st day after
adjournment of the special session at which the bill was passed.
(2) A statute , other than a statute establishing or
changing boundaries of any legislative, congressional, or other
election district, enacted by a bill passed by the
Legislature on or before the date the Legislature adjourns for a
joint recess to reconvene in the second calendar year of the biennium
of the legislative session, and in the possession of the Governor
after that date, shall go into effect on January 1 next following the
enactment date of the statute unless, before January 1, a copy of a
referendum petition affecting the statute is submitted to the
Attorney General pursuant to subdivision (d) of Section 10 of Article
II, in which event the statute shall go into effect on the 91st day
after the enactment date unless the petition has been presented to
the Secretary of State pursuant to subdivision (b) of Section 9 of
Article II.
(3) Statutes calling elections, statutes providing for tax levies
or appropriations for the usual current expenses of the State, and
urgency statutes shall go into effect immediately upon their
enactment.
(d) Urgency statutes are those necessary for immediate
preservation of the public peace, health, or safety. A statement of
facts constituting the necessity shall be set forth in one section of
the bill. In each house the section and the bill shall be passed
separately, each by rollcall vote entered in the journal,
two thirds two-thirds of the membership
concurring. An urgency statute may not create or abolish any office
or change the salary, term, or duties of any office, or grant any
franchise or special privilege, or create any vested right or
interest.
(e) This section does not apply to any legislative session
commencing on or after December 3, 2012. This section shall remain in
effect until December 3, 2012, and as of that date is repealed.
Section 8 of Article IV, as added by the measure that added this
subdivision, shall apply to legislative sessions commencing on or
after December 3, 2012.
Fourth-- That Section 8 is added to Article IV thereof, to read:
SEC. 8. (a) At a general session no bill may be heard or acted
on by committee or either house until the 31st day after the bill is
introduced unless the house dispenses with this requirement by
rollcall vote entered in the journal, three-fourths of the membership
concurring.
(b) The Legislature may make no law except by statute and may
enact no statute except by bill. No bill may be passed unless it is
read by title on three days in each house except that the house may
dispense with this requirement by rollcall vote entered in the
journal, two-thirds of the membership concurring. No bill may be
passed until the bill with amendments has been printed and
distributed to the Members. No bill may be passed unless, by rollcall
vote entered in the journal, a majority of the membership of each
house concurs.
(c) (1) Except as provided in paragraph (2), a statute enacted at
a regular session shall go into effect on January 1 next following a
90-day period from the date of enactment of the statute and a statute
enacted at a special session shall go into effect on the 91st day
after adjournment of the special session at which the bill was
passed.
(2) Statutes calling elections, statutes providing for tax levies
or appropriations for the usual current expenses of the State, and
urgency statutes shall go into effect immediately upon their
enactment.
(d) (1) Urgency statutes are those necessary for immediate
preservation of the public peace, health, or safety. A statement of
facts constituting the necessity shall be set forth in one section of
the bill. An urgency statute may not create or abolish any office,
change the salary, term, or duties of any office, grant any franchise
or special privilege, or create any vested right or interest.
(2) In a budget session, each house shall pass separately the
section and the bill, each by rollcall vote entered in the journal,
three-fourths of the membership concurring.
(3) In a general session, each house shall pass separately the
section and the bill, each by rollcall vote entered in the journal,
two-thirds of the membership concurring.
Fifth-- That Section 10 of Article IV thereof is amended to read:
SEC. 10. (a) Each bill passed by the Legislature shall be
presented to the Governor. It becomes a statute if it is signed by
the Governor. The Governor may veto it by returning it with any
objections to the house of origin, which shall enter the objections
in the journal and proceed to reconsider it. If each house then
passes the bill by rollcall vote entered in the journal, two-thirds
of the membership concurring, it becomes a statute.
(b) (1) Any bill, other than a bill which would establish or
change boundaries of any legislative, congressional, or other
election district, passed by the Legislature on or before the date
the Legislature adjourns for a joint recess to reconvene in the
second calendar year of the biennium of the legislative session, and
in the possession of the Governor after that date, that is not
returned within 30 days after that date becomes a statute.
(2) Any bill passed by the Legislature before September 1 of the
second calendar year of the biennium of the legislative session and
in the possession of the Governor on or after September 1 that is not
returned on or before September 30 of that year becomes a statute.
(3) Any other bill presented to the Governor that is not returned
within 12 days becomes a statute.
(4) If the Legislature by adjournment of a special session
prevents the return of a bill with the veto message, the bill becomes
a statute unless the Governor vetoes the bill within 12 days after
it is presented by depositing it and the veto message in the office
of the Secretary of State.
(5) If the 12th day of the period within which the Governor is
required to perform an act pursuant to paragraph (3) or (4)
of this subdivision is a Saturday, Sunday, or holiday, the
period is extended to the next day that is not a Saturday, Sunday, or
holiday.
(c) Any bill introduced during the first year of the biennium of
the legislative session that has not been passed by the house of
origin by January 31 of the second calendar year of the biennium may
no longer be acted on by the house. No bill may be passed by either
house on or after September 1 of an even-numbered year except
statutes calling elections, statutes providing for tax levies or
appropriations for the usual current expenses of the State, and
urgency statutes, and bills passed after being vetoed by the
Governor.
(d) The Legislature may not present any bill to the Governor after
November 15 of the second calendar year of the biennium of the
legislative session.
(e) The Governor may reduce or eliminate one or more items of
appropriation while approving other portions of a bill. The Governor
shall append to the bill a statement of the items reduced or
eliminated with the reasons for the action. The Governor shall
transmit to the house originating the bill a copy of the statement
and reasons. Items reduced or eliminated shall be separately
reconsidered and may be passed over the Governor's veto in the same
manner as bills.
(f) (1) If, following the enactment of the budget bill for the
2004-05 , 2005-06, 2006-07, 2007-08, 2008-09, 2009-10, 2010-11,
2011-12, or 2012-13 fiscal year or any
subsequent fiscal year , the Governor determines that, for
that fiscal year, General Fund revenues will decline substantially
below the estimate of General Fund revenues upon which the budget
bill for that fiscal year, as enacted, was based, or General Fund
expenditures will increase substantially above that estimate of
General Fund revenues, or both, the Governor may issue a proclamation
declaring a fiscal emergency and shall thereupon cause the
Legislature to assemble in special session for this purpose. The
proclamation shall identify the nature of the fiscal emergency and
shall be submitted by the Governor to the Legislature, accompanied by
proposed legislation to address the fiscal emergency.
(2) If the Legislature fails to pass and send to the Governor a
bill or bills to address the fiscal emergency by the 45th day
following the issuance of the proclamation, the Legislature may not
act on any other bill, nor may the Legislature adjourn for a joint
recess, until that bill or those bills have been passed and sent to
the Governor.
(3) A bill addressing the fiscal emergency declared pursuant to
this section shall contain a statement to that effect.
(g) (1) This section does not apply to any legislative session
commencing on or after December 3, 2012. This section shall no longer
be operative as of December 3, 2012, and as of July 1, 2013, is
repealed. Section 10 of Article IV, as added by the measure that
added this subdivision, shall apply to legislative sessions
commencing on or after December 3, 2012.
(2) Notwithstanding paragraph (1), subdivision (f) shall remain in
effect until July 1, 2013.
Sixth-- That Section 10 is added to Article IV thereof, to read:
SEC. 10. (a) Each bill passed by the Legislature shall be
presented to the Governor. It becomes a statute if it is signed by
the Governor. The Governor may veto it by returning it with any
objections to the house of origin, which shall enter the objections
in the journal and proceed to reconsider it. If each house then
passes the bill by rollcall vote entered in the journal, two-thirds
of the membership concurring, it becomes a statute.
(b) (1) Any bill passed by the Legislature in a budget session or
general session before September 1 and in the possession of the
Governor on or after September 1 that is not returned on or before
September 30 of that year becomes a statute.
(2) Any other bill presented to the Governor that is not returned
within 12 days becomes a statute.
(3) If the Legislature by adjournment of a special session
prevents the return of a bill with the veto message, the bill becomes
a statute unless the Governor vetoes the bill within 12 days after
it is presented by depositing it and the veto message in the office
of the Secretary of State.
(4) If the 12th day of the period within which the Governor is
required to perform an act pursuant to paragraph (2) or (3) is a
Saturday, Sunday, or holiday, the period is extended to the next day
that is not a Saturday, Sunday, or holiday.
(c) No bill may be passed by either house on or after September 1
of a general session except statutes calling elections, statutes
providing for tax levies or appropriations for the usual current
expenses of the State, and urgency statutes, and bills passed after
being vetoed by the Governor.
(d) The Legislature shall not present to the Governor any bill
passed in a budget session or general session after November 15.
(e) The Governor may reduce or eliminate one or more items of
appropriation while approving other portions of a bill. The Governor
shall append to the bill a statement of the items reduced or
eliminated with the reasons for the action. The Governor shall
transmit to the house originating the bill a copy of the statement
and reasons. Items reduced or eliminated shall be separately
reconsidered and may be passed over the Governor's veto in the same
manner as bills.
(f) (1) If, following the enactment of a budget bill for 2013-14
fiscal year or any subsequent fiscal year, the Governor determines
that, for that fiscal year, General Fund revenues will decline
substantially below the estimate of General Fund revenues upon which
the budget bill for that fiscal year, as enacted, was based, or
General Fund expenditures will increase substantially above that
estimate of General Fund revenues, or both, the Governor may issue a
proclamation declaring a fiscal emergency and shall thereupon cause
the Legislature to assemble in special session for this purpose. The
proclamation shall identify the nature of the fiscal emergency and
shall be submitted by the Governor to the Legislature, accompanied by
proposed legislation to address the fiscal emergency.
(2) If the Legislature fails to pass and send to the Governor a
bill or bills to address the fiscal emergency by the 45th day
following the issuance of the proclamation, the Legislature may not
act on any other bill, nor may the Legislature adjourn for a joint
recess, until that bill or those bills have been passed and sent to
the Governor.
(3) A bill addressing the fiscal emergency declared pursuant to
this subdivision shall contain a statement to that effect.
Seventh-- That Section 11 of Article IV thereof is amended to
read:
SEC. 11. (a) The Legislature or either
house may by resolution provide for the selection of committees
necessary for the conduct of its business, including committees to
ascertain facts and make recommendations to the Legislature on a
subject within the scope of legislative control.
(b) This section does not apply to any legislative session
commencing on or after December 3, 2012. This section shall remain in
effect until December 3, 2012, and as of that date is repealed.
Section 11 of Article IV, as added by the measure that added this
subdivision, shall apply to legislative sessions commencing on or
after December 3, 2012.
Eighth-- That Section 11 is added to Article IV thereof, to read:
SEC. 11. (a) The Legislature or either house may by resolution
provide for the selection of committees necessary for the conduct of
its business, including committees to ascertain facts and make
recommendations to the Legislature on a subject within the scope of
legislative control.
(b) During a budget session, all of the following shall apply:
(1) Each standing policy committee of each house shall function as
a budget subcommittee to consider and recommend, to the standing
committee of each house that considers the budget, proposed
amendments to the pending budget bills, relative to the adoption or
modification of items or other provisions of those budget bills
within the subject area of the standing policy committee.
(2) The standing committee of each house that considers the budget
shall, by majority vote of the membership of the committee, adopt
proposed amendments to each budget bill and report each budget bill
out of committee.
(3) After each budget bill is enacted, each standing policy
committee of each house shall meet for purposes of oversight and
review of programs within the subject area of the committee.
Ninth-- 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) For the 2004-05 , 2005-06, 2006-07, 2007-08, 2008-09,
2009-10, 2010-11, 2011-12, and 2012-13 fiscal year
years , 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 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.
(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.
(i) This section does not apply to the budget or budget bill for
any fiscal period commencing on or after July 1, 2013. This section
shall remain in effect until July 1, 2013, and as of that date is
repealed. Section 12 of Article IV, as added by the measure that
added this subdivision, shall apply to the budget and budget bill for
fiscal periods commencing on or after July 1, 2013.
Tenth-- That Section 12 is added to Article IV thereof, to read:
SEC. 12. (a) (1) Within the first 10 days of each odd-numbered
calendar year, the Governor shall submit to the Legislature, with an
explanatory message, a separate budget for each of the two
subsequent fiscal years thereafter commencing on July 1, 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 any information that is
deemed necessary to prepare each budget.
(c) (1) Each budget shall be accompanied by a budget bill
itemizing recommended expenditures for the applicable fiscal year.
(2) The budget bills shall be introduced immediately in each house
by the persons chairing the committees that consider the budget.
(3) The Legislature shall pass the budget bills by midnight on
June 15 of the odd-numbered calendar year.
(4) Until the budget bills are enacted, the Legislature shall not
send to the Governor for consideration any bill appropriating funds
for expenditure during either of the two subsequent fiscal years for
which the budget bills are to be enacted, except emergency bills
recommended by the Governor or appropriations for the salaries and
expenses of the Legislature.
(d) No bill except a 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) For the fiscal year beginning July 1, 2013, and every July 1
thereafter, the Legislature shall 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 with 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 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.
(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
odd-numbered calendar year in which the budget bills are 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 bills are
presented to the Governor. No salary or reimbursement for travel or
living expenses forfeited pursuant to this subdivision shall be paid
retroactively.
(i) For any fiscal year commencing on or after July 1, 2013, for
which the budget bill has not been enacted as of July 1 of that
fiscal year, for the period from July 1 until the date of enactment
of the budget bill for that fiscal year, inclusive, funds are hereby
appropriated to the Controller from the funds and sources set forth
described in paragraph (2), and are available for allocation by the
Director of Finance for the exclusive purpose of the payment of
current expenses for critical services of the government of the State
of California, excluding salaries and per diem of Members of the
Legislature, not to exceed the amounts expended to fund those
services for the immediately preceding fiscal year
(2) The Director of Finance shall allocate the funds appropriated
in paragraph (1) from the General Fund and, as applicable, special
funds, bond funds, federal funds, and reimbursements.
