Bill Text: CA ACA8 | 2011-2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
BILL NUMBER: ACA 8 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Olsen 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 introduced, 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 require the Governor to recommend, in addition to additional revenues, any spending reductions to be made 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. 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 whichtheadditional revenues should be provided , or the 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, or the 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, or the 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.