Bill Text: CA SCA3 | 2011-2012 | Regular Session | Introduced
Bill Title: Legislature: Budget Bill: passage requirements.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-16 - Hearing postponed by committee. [SCA3 Detail]
Download: California-2011-SCA3-Introduced.html
BILL NUMBER: SCA 3 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Wyland
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 Section 12
of Article IV thereof, relating to the Legislature.
LEGISLATIVE COUNSEL'S DIGEST
SCA 3, as introduced, Wyland. Legislature: Budget Bill: passage
requirements.
Existing constitutional provisions require that the Budget Bill be
introduced in each house immediately after the Governor submits his
or her budget to the Legislature. Existing constitutional provisions
also require the Legislature to pass the Budget Bill by midnight on
June 15 of each year.
This measure would require that the Budget Bill and any budget
implementation bill, as defined, be printed and distributed to the
members of a house considering either bill and made available to the
public at least 21 calendar days before a vote in that house on the
passage of either bill. The measure would provide that its
requirements could be satisfied by electronic publication and
distribution of the bills.
Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.
Resolved by the Senate, the Assembly 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:
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) At least 21 calendar days before a house votes on either the
budget bill or a budget implementation bill, the bill under
consideration shall be printed and distributed to the members of that
house and made available to the public for review. For purposes of
this section, a "budget implementation bill" is a bill containing
changes in law necessary to implement the budget bill, "printed and
distributed" includes electronic publication and distribution, and a
bill may be "made available to the public" through electronic
publication and distribution.
(3)
(4) The Legislature shall pass the budget bill by
midnight on June 15 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) 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.
