Bill Text: CA ACA16 | 2011-2012 | Regular Session | Introduced
Bill Title: State budget.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-14 - Referred to Com. on BUDGET. [ACA16 Detail]
Download: California-2011-ACA16-Introduced.html
BILL NUMBER: ACA 16 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Logue
FEBRUARY 10, 2011
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 state budget.
LEGISLATIVE COUNSEL'S DIGEST
ACA 16, as introduced, Logue. State budget.
Existing provisions of the California Constitution prohibit the
Legislature from sending to the Governor for consideration, and
prohibit the Governor from signing, a Budget Bill that would
appropriate from the General Fund a total amount that, when combined
with specified appropriations and transfers, exceeds General Fund
revenues for that fiscal year estimated as of the date of the Budget
Bill's passage.
This measure would require that the estimate of the General Fund
revenues for this purpose be the most recent such estimate made
jointly by the Controller and the Treasurer. The measure would
require the Controller and the Treasurer to provide this revenue
estimate to the Governor and the Legislature by January 5, and to
correct or update the estimate by April 30.
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:
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) (1) 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 as most
recently estimated by the Control ler and the Treasurer
pursuant to paragraph (2) .
(2) The Controller and the Treasurer jointly shall provide to the
Governor and the Legislature, no later than January 5, an estimate of
the General Fund revenues for the ensuing fiscal year to which the
budget bill applies. The Controller and the Treasurer shall amend
this estimate of General Fund revenues no later than April 30 to
correct or update the estimate.
(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.
