Bill Text: CA ACA9 | 2017-2018 | Regular Session | Introduced
Bill Title: Budget bill: passage requirements.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-24 - From printer. May be heard in committee March 26. [ACA9 Detail]
Download: California-2017-ACA9-Introduced.html
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Constitutional Amendment | No. 9 |
| Introduced by Assembly Member Obernolte |
February 23, 2017 |
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 Legislature.
LEGISLATIVE COUNSEL'S DIGEST
ACA 9, as introduced, Obernolte.
Budget bill: passage requirements.
The California Constitution requires that appropriations from the General Fund of the state be passed by a 2/3 vote of both houses of the Legislature, but requires only a majority vote to pass the Budget Bill and “other bills providing for appropriations related to the Budget Bill,” which are bills identified as related to the budget in the Budget Bill passed by the Legislature. The California Constitution requires the Legislature to pass the Budget Bill by midnight on June 15 of each year. If the Budget Bill is not passed by that deadline, the California Constitution prohibits an appropriation for the salary and benefits of Members of the Legislature from midnight on June 15 until the Budget Bill is presented to the Governor.
This measure would
require the Budget Bill to be enacted by midnight on June 15. The measure would require other bills that provide for appropriations relating to the Budget Bill to be necessary to implement the budget, and would require those bills to be enacted by midnight on June 30. If either type of bill is not enacted by the applicable deadline, the measure would prohibit the bill from taking effect with a majority vote, thereby requiring it to be passed by a 2/3 vote. The measure would prohibit an appropriation for the salary and benefits of Members of the Legislature and the Governor from midnight on June 15 until the Budget Bill is enacted.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2017-18 Regular Session commencing on the fifth day of December 2016, 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 shall be passed by the Legislature and enacted as a statute by midnight on June 15 of each year.
(4) Other bills providing for appropriations related to the budget bill shall be passed by the Legislature and enacted as statutes by midnight on June 30 of each year.
(4)
(5) 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) (A) Notwithstanding any other provision of law or of this Constitution, Constitution and except as provided in subparagraphs (B) and (C),
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.
(B) A budget bill that is passed by a majority vote in each house pursuant to this subdivision shall take effect only if it is enacted by midnight on June 15.
(C) Other bills
providing for appropriations related to the budget that are passed by a majority vote in each house pursuant to this subdivision shall take effect only if they are enacted by midnight on June 30.
(2) For purposes of this section, “other bills providing for appropriations related to the budget bill” shall consist only of means bills identified as related to the budget in the budget bill passed by the Legislature. Legislature that are necessary to implement the budget.
(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 The Legislature may shall not send to the Governor for consideration, nor may and the Governor shall not
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
enacted 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 or the Governor during any regular or special session for the period from midnight on until the day that the budget bill is presented to the Governor. enacted. No salary or reimbursement for travel or living expenses forfeited pursuant to this subdivision shall be paid retroactively.
