Bill Text: CA SCA22 | 2009-2010 | Regular Session | Introduced
Bill Title: State budget.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2009-05-29 - From print. May be acted upon on or after June 29. [SCA22 Detail]
Download: California-2009-SCA22-Introduced.html
BILL NUMBER: SCA 22 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Wolk
(Coauthor: Senator DeSaulnier)
MAY 28, 2009
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 9
of Article II thereof, by amending Sections 8 and 12 of Article IV
thereof, and by amending Section 3 of Article XIII A thereof,
relating to the state budget.
LEGISLATIVE COUNSEL'S DIGEST
SCA 22, as introduced, Wolk. State budget.
(1) The California Constitution requires each house of the
Legislature to pass a bill appropriating moneys from the General
Fund, except appropriations for the public schools, by a 2/3 vote.
The California Constitution generally limits the amount of total
amount appropriations of the state for a year to the total amount of
appropriations for the prior year after adjusted for the change in
the cost of living and population. The California Constitution
requires that a change in state taxes for purposes of increasing
revenue either by increasing the rate of the state tax or a change in
the method of computation of the state tax be passed by a 2/3 vote.
This measure would provide that if the total amount of General
Fund appropriations in a Budget Bill, as defined, for the fiscal
year, when combined with all appropriations from the General Fund for
that fiscal year made by statutes enacted as of the date of the
Budget Bill's passage, does not exceed the lesser of the
appropriation limit for that fiscal year or 105% of General Fund
appropriations made by statutes enacted as of that date for the
immediately preceding fiscal year, the Budget Bill is exempt from the
2/3-vote requirement that otherwise applies to General Fund
appropriations. This measure would also exempt, from the 2/3-vote
requirement that applies to certain changes in state taxes, a change
in a state tax for the purpose of generating General Fund revenue
contained in a bill identified in the Budget Bill as necessary to
implement the Budget Bill, if the Budget Bill qualifies to be
exempted from the 2/3-vote provisions and the change in state tax,
when combined with all other changes in state taxes contained in
budget implementation bills for that Budget Bill, does not exceed the
difference between the total amount of General Fund appropriations
made in the Budget Bill, when combined with all appropriations from
the statutes enacted as of the date of the Budget Bill's passage, and
the maximum General Fund appropriation amount discussed above.
(2) The California Constitution provides that a statute takes
effect immediately upon enactment if the statute calls for an
election, provides for a tax levy, makes an appropriation for the
usual and current expenses of the state, or is an urgency statute.
The California Constitution exempts these statutes from the power of
referendum, which is the power of the electors to approve or reject
statutes or parts of statutes.
This measure would add, to those statutes that take effect
immediately and are exempt from referendum, statutes enacting the
Budget Bill and statutes enacting bills identified in the Budget Bill
as necessary to implement the Budget Bill.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
Resolved by the Senate, the Assembly concurring, That the
Legislature of the State of California at its 2009-10 Regular Session
commencing on the first day of December 2008, 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 9 of Article II thereof is amended to read:
SEC. 9. (a) The referendum is the power of the electors to
approve or reject statutes or parts of statutes except urgency
statutes, statutes calling elections, statutes enacting the
budget bill, statutes enacting budget implementation bills
, and statutes providing for tax levies or appropriations for
usual current expenses of the State.
(b) A referendum measure may be proposed by presenting to the
Secretary of State, within 90 days after the enactment date of the
statute, a petition certified to have been signed by electors equal
in number to 5 percent of the votes for all candidates for Governor
at the last gubernatorial election, asking that the statute or part
of it be submitted to the electors. In the case of a statute enacted
by a bill passed by the Legislature on or before the date the
Legislature adjourns for a joint recess to reconvene in the second
calendar year of the biennium of the legislative session, and in the
possession of the Governor after that date, the petition may not be
presented on or after January 1 next following the enactment date
unless a copy of the petition is submitted to the Attorney General
pursuant to subdivision (d) of Section 10 of Article II
before January 1.
(c) The Secretary of State shall then submit the measure at the
next general election held at least 31 days after it qualifies or at
a special statewide election held prior to that general election. The
Governor may call a special statewide election for the measure.
Second-- That Section 8 of Article IV thereof is amended to read:
SEC. 8. (a) At regular sessions no bill other than the budget
bill may be heard or acted on by committee or either house until the
31st day after the bill is introduced unless the house dispenses with
this requirement by rollcall vote entered in the journal,
three fourths three-fourths of the membership
concurring.
(b) The Legislature may make no law except by statute and may
enact no statute except by bill. No bill may be passed unless it is
read by title on 3 three days in each
house except that the house may dispense with this requirement by
rollcall vote entered in the journal, two thirds
two-thirds of the membership concurring. No bill may be
passed until the bill with amendments has been printed and
distributed to the members Members . No
bill may be passed unless, by rollcall vote entered in the journal,
a majority of the membership of each house concurs.
(c) (1) Except as provided in paragraphs (2) and (3) of
this subdivision , a statute enacted at a regular session
shall go into effect on January 1 next following a 90-day period from
the date of enactment of the statute and a statute enacted at a
special session shall go into effect on the 91st day after
adjournment of the special session at which the bill was passed.
(2) A statute, other than a statute establishing or changing
boundaries of any legislative, congressional, or other election
district, enacted by a bill passed by the Legislature on or before
the date the Legislature adjourns for a joint recess to reconvene in
the second calendar year of the biennium of the legislative session,
and in the possession of the Governor after that date, shall go into
effect on January 1 next following the enactment date of the statute
unless, before January 1, a copy of a referendum petition affecting
the statute is submitted to the Attorney General pursuant to
subdivision (d) of Section 10 of Article II, in which event the
statute shall go into effect on the 91st day after the enactment date
unless the petition has been presented to the Secretary of State
pursuant to subdivision (b) of Section 9 of Article II.
(3) Statutes calling elections, statutes providing for tax levies
or appropriations for the usual current expenses of the State,
statutes enacting the budget bill, statutes enacting
budget implementation bills, and urgency statutes shall go into
effect immediately upon their enactment. For purposes of this
section, Section 9 of Article II, and Section 3 of Article XIII A, a
"budget implementation bill" is a bill that is identified in the
budget bill as containing only changes in law necessary to implement
the budget bill.
(d) Urgency statutes are those necessary for immediate
preservation of the public peace, health, or safety. A statement of
facts constituting the necessity shall be set forth in one section of
the bill. In each house the section and the bill shall be passed
separately, each by rollcall vote entered in the journal,
two thirds two-thirds of the membership
concurring. An urgency statute or a statute enacting a budget
implementation bill may not create or abolish any office or
change the salary, term, or duties of any office, or grant any
franchise or special privilege, or create any vested right or
interest.
Third-- 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
a 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) (1) No bill except the budget bill may
contain more than one item of appropriation, and that for one
certain, expressed purpose. Appropriations
Except as provided in paragraph (2), appropriations from the
General Fund of the State, except appropriations for the public
schools, are void unless passed in each house by rollcall vote
entered in the journal, two-thirds of the membership concurring.
(2) If, as determined by the Director of Finance, the total amount
of General Fund appropriations made in a budget bill for a fiscal
year, when combined with all appropriations from the General Fund for
that fiscal year made by statutes enacted as of the date of the
budget bill's passage, does not exceed the lesser of the state
appropriations limit for that fiscal year calculated pursuant to
Section 1 of Article XIII B, or 1.05 times the total amount of
General Fund appropriations made by statutes enacted as of that date
for the immediately preceding fiscal year, then appropriations from
the General Fund made by the budget bill are not subject to the
two-thirds vote requirement of paragraph (1). For purposes of this
section, Section 8, Section 9 of Article II, and Section 3 of Article
XIII A, a "budget bill" is a bill that makes appropriations for the
support of the government of the State for an entire fiscal year.
(e) The Legislature may control the submission, approval, and
enforcement of budgets and the filing of claims for all state
agencies.
(f) For the 2004-05 fiscal year, or any a
subsequent fiscal year, the Legislature may
shall not send to the Governor for consideration, nor
may shall 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.
Fourth-- That Section 3 of Article XIII A thereof is amended to
read:
Section 3. From (a)
Except as provided in subdivision (b), from and after the
effective date of this article, any changes a
change in a state taxes tax
enacted for the purpose of increasing revenues collected
pursuant thereto to that state tax,
whether by an increased rates rate
or changes a change in
methods the method of computation ,
must be imposed by an Act act passed by
not less than two-thirds of all members elected to each of
the two houses the membership of each house of
the Legislature, except that no a new
ad valorem taxes tax on real property,
or a sales or transaction taxes
tax on the sales sale of real
property may shall not be imposed.
(b) If it is determined by the Director of Finance that a budget
bill enacted for a fiscal year satisfies the condition set forth in
paragraph (2) of subdivision (d) of Section 12 of Article IV, a
change in a state tax to generate revenue for the General Fund is not
subject to the two-thirds vote requirement of subdivision (a) if
that change in state tax is contained in a budget implementation bill
for that budget bill and the Director of Finance determines that the
total amount of General Fund revenue estimated to result for that
fiscal year from that change in state tax, when combined with the
total amount of General Fund revenue estimated to result for that
fiscal year from all other changes in state taxes contained in all
other budget implementation bills for that budget bill, would not
exceed the difference between (1) the total amount of General Fund
appropriations made in the budget bill for that fiscal year, combined
with all other General Fund appropriations for that fiscal year from
statutes enacted as of the date of the budget bill's passage, and
(2) the maximum appropriation amount identified for that fiscal year
under paragraph (2) of subdivision (d) of Section 12 of Article IV.
