Bill Text: CA ACA8 | 2011-2012 | Regular Session | Amended

California Assembly Constitutional Amendment 8 (Prior Session Legislation)

Bill Title: State Budget.

Spectrum: Strong Partisan Bill (Republican 13-1)

Status: (Introduced - Dead) 2011-04-25 - Re-referred to Com. on BUDGET. [ACA8 Detail]

Download: California-2011-ACA8-Amended.html
BILL NUMBER: ACA 8	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2011

INTRODUCED BY   Assembly Member Olsen
    (   Principal   coauthors:  
Assembly Members   Galgiani   and Grove  
) 
    (   Coauthors:   Assembly Members 
 Achadjian,   Fletcher,   Halderman,  
Jeffries,   Nielsen,   Silva,   Smyth,
  Valadao,   and Wagner   ) 
    (   Coauthors:   Senators  
Cannella   and Harman   ) 

                        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 Section 12 of Article IV thereof, relating to
the state budget.



	LEGISLATIVE COUNSEL'S DIGEST


   ACA 8, as amended, Olsen. State Budget.
   The California Constitution requires the Governor to submit to the
Legislature, within the first 10 days of each calendar year, a
budget for the ensuing fiscal year containing itemized statements for
recommended expenditures and estimated revenues. If the recommended
expenditures exceed the estimated revenues, then the Governor is
required to recommend the sources from which additional revenues
should be provided.
   This measure would  , instead,  require  , if the
recommended expenditures exceed the estimated revenues in the
Governor's budget, that  the Governor  to recommend, in
addition to additional revenues, any spending reductions to be made
  make specific revenue proposals or proposals for
specific spending reductions, or both,  to balance expenditures
with estimated revenues in the ensuing fiscal year. This measure
would also require the Governor, commencing in 2013, to submit to the
Legislature, concurrent with the submission of the annual budget for
the ensuing fiscal year, a statement of intent regarding the budget
for the following fiscal year that projects the estimated
expenditures and revenues for that fiscal year.  This measure
would also prohibit the Governor from submitting a statement of
intent regarding the budget for the following fiscal year in which
the estimated expenditures exceed the estimated revenues for that
fiscal year.   If the estimated expenditures exceed the
estimated revenues in the above-described statement of intent
regarding   the following fiscal year, this measure would
require the Governor to make specific revenue proposals or proposals
for specific spending reductions, or both, to balance expenditures
with the estimated revenues for that fiscal year. 
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.



   WHEREAS, It is the intent of the Legislature to prohibit the
adoption of a budget that would leave the state with a deficit in the
succeeding year unless specific solutions are also provided to
eliminate the deficit; and
   WHEREAS, It is the intent of the Legislature to encourage more
long-term budget planning by the Legislature in order to stabilize
the budget process; now, therefore, be it
   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 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 additional
revenues should be provided,   make specific revenue
proposals  or  the   proposals for specific
 spending reductions  to be made  , or both,
to balance expenditures with estimated revenues.
   (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 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
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 shall remain in effect only until December 31,
2012, and as of that date is repealed.
  Second--  That Section 12 is added to Article IV thereof, to read:
      SEC. 12.  (a) (1) 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 additional revenues should be provided,   make
specific revenue proposals  or  the  
proposals for specific  spending reductions  to be made
 , or both, to balance expenditures with estimated revenues.

   (2) The Governor shall also submit to the Legislature, concurrent
with the submission of the budget for the ensuing fiscal year, a
statement of intent regarding the budget for the following fiscal
year that projects the estimated expenditures and revenues for that
fiscal year. If the estimated expenditures exceed the estimated
revenues, the Governor shall  recommend the sources from
which additional revenues should be provided,   make
specific revenue proposals  or  the  
proposals for specific  spending reductions  to be made
 , or both, to balance the estimated expenditures with the
estimated revenues for the following fiscal year.
   (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 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
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.
  Third--  That Section 12 of Article IV as added by this measure
shall become operative on January 1, 2013.