Bill Text: CA SCA25 | 2009-2010 | Regular Session | Introduced
Bill Title: Legislature: revised biennial sessions and part-time
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2009-08-25 - From print. May be acted upon on or after September 24. [SCA25 Detail]
Download: California-2009-SCA25-Introduced.html
BILL NUMBER: SCA 25 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Denham
AUGUST 24, 2009
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 8
of Article III thereof, by amending, repealing, and adding Sections
3, 7, 7.5, 8, 10, 11, and 12 of Article IV thereof, by amending,
repealing, and adding Section 6 of Article XIX thereof, and by
amending, repealing, and adding Section 1 of Article XIX A thereof,
relating to the Legislature.
LEGISLATIVE COUNSEL'S DIGEST
SCA 25, as introduced, Denham. Legislature: revised biennial
sessions and part-time status.
(1) The California Constitution requires the Legislature to
convene in regular biennial session at noon on the first Monday in
December of each even-numbered year to consider legislation and the
Budget Bill.
This measure would require, commencing in 2015, that the
Legislature convene in regular biennial session, commencing at noon
on the first Monday in February of each odd-numbered year and
adjourning sine die at midnight of June 30 of the following
even-numbered year. The measure would require that the sessions held
in odd-numbered years be budget sessions, and that sessions held in
even-numbered years be general sessions. The measure would require
the Legislature, in each budget session, to adopt Budget Bills for
each of the 2 subsequent fiscal years. The measure would prohibit the
Legislature, during a budget session, from considering legislation
other than the Budget Bills and related revenue bills, except bills
addressing a declared state of emergency. The measure would further
prohibit the Legislature from meeting in regular session after June
30 of any calendar year, except for a single period after that date
of up to 5 consecutive calendar days to reconsider bills vetoed by
the Governor.
The measure would provide that, at general sessions, the
Legislature may consider any legislation other than Budget Bills.
(2) The California Constitution requires the California Citizens
Compensation Commission, at or before the end of each fiscal year, to
adopt a resolution to adjust the annual salary and the medical,
dental, insurance, and similar benefits of elected constitutional
officers, as defined, including Members of the Legislature. The
annual salary and benefits specified in this resolution become
effective on and after the first Monday of the next December without
further action by the Legislature.
This measure would require the commission to reduce the annual
salary of Members of the Legislature, effective December 1, 2014, by
50% and would require the commission to apply the existing criteria
for adjusting this annual salary to maintain it at 50% of the amount
that would otherwise be determined.
(3) The California Constitution requires that a budget annually be
submitted by the Governor, and that the Legislature pass a Budget
Act on or before June 15.
This measure would require, in each odd-numbered calendar year,
commencing in 2015, that the Governor submit to the Legislature 2
proposed budgets for the 2 subsequent fiscal years, respectively.
(4) The California Constitution requires each house to choose its
officers and to adopt rule for its proceedings. A majority of the
membership of each house constitutes a quorum, but a smaller number
may recess from day to day and compel the attendance of absent
members. The California Constitution prohibits either house, without
the consent of the other, from calling a recess for more than 10 days
or to any other place.
This measure would prohibit either house, without the consent of
the other, from calling a recess for more than 3 days or to any other
place.
(5) Under the California Constitution, the total aggregate
expenditures of the Legislature for the compensation of Members and
employees of, and the operating expenses and equipment for, the
Legislature may not exceed an amount equal to $950,000 per Member for
that fiscal year or 80% of the amount of money expended for those
purposes in the preceding fiscal year, whichever is less. For each
succeeding fiscal year, the total aggregate expenditures may not
exceed an amount equal to that expended for those purposes in the
preceding fiscal year, adjusted and compounded by an amount equal to
the percentage increase in the appropriations limit for the State.
This measure would provide, for the 2015-16 fiscal year, that the
total aggregate expenditures of the Legislature for the compensation
of Members and employees of, and the operating expenses and equipment
for, the Legislature may not exceed an amount equal to $475,000 per
Member for that fiscal year. For each succeeding fiscal year, the
total aggregate expenditures may not exceed an amount equal to that
expended for those purposes in the preceding fiscal year, adjusted
and compounded by an amount equal to the percentage increase in the
appropriations limit for the state.
(6) The California Constitution authorizes each house of the
Legislature to provide for the selection of committees necessary for
the conduct of its business, including committees to ascertain facts
and make recommendations to the Legislature on a subject within the
scope of legislative control.
This measure would authorize each standing policy committee of
each house to meet on or after July 1 of each year for purposes of
factfinding and review of programs within the subject area of the
committee. The measure would prohibit a standing policy committee of
either house to consider a bill or proposed legislation until the
house convenes for the subsequent budget session or general session.
(7) The California Constitution permits revenues from taxes
imposed by the state on motor vehicle fuels and funds in the Public
Transportation Account in the State Transportation Fund to be loaned
to the General Fund. That loan is required to be repaid in full
either during the same fiscal year in which the loan was made or
within 3 fiscal years from the date on which the loan was made if
specified conditions apply. If the loan is to be repaid in full
during the same fiscal year, the repayment may be delayed until a
date not more than 30 days after the date of enactment of the Budget
Bill for the subsequent fiscal year.
The measure would provide that the repayment may be delayed until
a date not more than 30 days after the date of enactment of the
Budget Bill for the subsequent fiscal year, or July 31 of that
subsequent fiscal year, whichever is later.
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 8 of Article III thereof is amended to read:
SEC. 8. (a) The California Citizens Compensation Commission is
hereby created and shall consist of seven members appointed by the
Governor. The commission shall establish the annual salary and the
medical, dental, insurance, and other similar benefits of state
officers.
(b) The commission shall consist of the following persons:
(1) Three public members, one of whom has expertise in the area of
compensation, such as an economist, market researcher, or personnel
manager; one of whom is a member of a nonprofit public interest
organization; and one of whom is representative of the general
population and may include, among others, a retiree, homemaker, or
person of median income. No person appointed pursuant to this
paragraph may, during the 12 months prior to his or her appointment,
have held public office, either elective or appointive, have been a
candidate for elective public office, or have been a lobbyist, as
defined by the Political Reform Act of 1974.
(2) Two members who have experience in the business community, one
of whom is an executive of a corporation incorporated in this State
which ranks among the largest private sector employers in the State
based on the number of employees employed by the corporation in this
State and one of whom is an owner of a small business in this State.
(3) Two members, each of whom is an officer or member of a labor
organization.
(c) The Governor shall strive , insofar as practicable
, to provide a balanced representation of the geographic,
gender, racial, and ethnic diversity of the State in appointing
commission members.
(d) The Governor shall appoint commission members and designate a
chairperson for the commission not later than 30 days after the
effective date of this section. The terms of two of the initial
appointees shall expire on December 31, 1992, two appointees
on December 31, 1994, and three appointees on
December 31, 1996, as determined by the Governor. Thereafter, the
term of each member shall be six years. Within 15 days of
any a vacancy on the commission , the
Governor shall appoint a person to serve the unexpired portion of the
term.
(e) No A current or former officer
or employee of this State is not eligible for appointment
to the commission.
(f) Public notice shall be given of all meetings of the
commission, and the meetings shall be open to the public.
(g) (1) On or before December 3, 1990, the
commission shall, by a single resolution adopted by a majority of the
membership of the commission, establish the annual salary and the
medical, dental, insurance, and other similar benefits of state
officers. The annual salary and benefits specified in that resolution
shall be effective on and after December 3, 1990.
Thereafter, at
(2) On or before the end
June 30 of each fiscal
year, the commission shall, by a resolution adopted by a
majority of the membership of the commission, adjust the medical,
dental, insurance, and other similar benefits of state officers. The
benefits specified in the resolution shall be effective on and after
the first Monday of the next December.
Thereafter, at
(3) On or before the end
June 30 of each fiscal year,
the commission shall adjust the annual salary of state officers by a
resolution adopted by a majority of the membership of the
commission. The annual salary specified in the resolution shall be
effective on and after the first Monday of the next December, except
that a resolution shall not be adopted or take effect in any year
that increases the annual salary of any state officer if, on or
before the immediately preceding June 1, the Director of Finance
certifies to the commission, based on estimates for the current
fiscal year, that there will be a negative balance on June 30 of the
current fiscal year in the Special Fund for Economic Uncertainties in
an amount equal to, or greater than, 1 percent of estimated General
Fund revenues.
(4) Notwithstanding Section 4, on or before June 30, 2014, the
commission shall adopt a resolution, to take effect December 1, 2014,
reducing by 50 percent the annual salary that it would otherwise
establish for Members of the Legislature. All future adjustments to
the annual salary of Members of the Legislature made pursuant to
paragraph (3) and based on the considerations specified in
subdivision (h) shall set that annual salary at 50 percent of the
amount that would otherwise result from the application of those
considerations.
(h) In establishing or adjusting the annual salary and the
medical, dental, insurance, and other similar benefits, the
commission shall consider all of the following:
(1) The amount of time directly or indirectly related to the
performance of the duties, functions, and services of a state
officer.
(2) The amount of the annual salary and the medical, dental,
insurance, and other similar benefits for other elected and appointed
officers and officials in this State with comparable
responsibilities, the judiciary, and, to the extent practicable, the
private sector, recognizing, however, that state officers do not
receive, and do not expect to receive, compensation at the same
levels as individuals in the private sector with comparable
experience and responsibilities.
(3) The responsibility and scope of authority of the entity in
which the state officer serves.
(4) Whether the Director of Finance estimates that there will be a
negative balance in the Special Fund for Economic Uncertainties in
an amount equal to or greater than 1 percent of estimated General
Fund revenues in the current fiscal year.
(i) Until a resolution establishing or adjusting the annual salary
and the medical, dental, insurance, and other similar benefits for
state officers takes effect, each state officer shall continue to
receive the same annual salary and the medical, dental, insurance,
and other similar benefits received previously.
(j) All commission members shall receive their actual and
necessary expenses, including travel expenses, incurred in the
performance of their duties. Each member shall be compensated at the
same rate as members, other than the chairperson, of the Fair
Political Practices Commission, or its successor, for each day
engaged in official duties, not to exceed 45 days per year.
(k) It is the intent of the Legislature that the creation of the
commission should not generate new state costs for staff and
services. The Department of Personnel Administration, the Board of
Administration of the Public Employees' Retirement System, or other
appropriate agencies, or their successors, shall furnish, from
existing resources, staff and services to the commission as needed
for the performance of its duties.
() "State officer," as used in this section, means the Governor,
Lieutenant Governor, Attorney General, Controller, Insurance
Commissioner, Secretary of State, Superintendent of Public
Instruction, Treasurer, member of the State Board of Equalization,
and Member of the Legislature.
Second-- That Section 3 of Article IV thereof is amended to read:
SEC. 3. (a) The Legislature shall convene in regular session
at noon on the first Monday in December of each even-numbered year
and each house shall immediately organize. Each session of the
Legislature shall adjourn sine die by operation of the Constitution
at midnight on November 30 of the following even-numbered year.
(b) On extraordinary occasions the Governor by proclamation may
cause the Legislature to assemble in special session. When so
assembled it has power to legislate only on subjects specified in the
proclamation but may provide for expenses and other matters
incidental to the session.
(c) This section does not apply to any legislative session
commencing on or after December 1, 2014. This section shall remain in
effect until December 1, 2014, and as of that date is repealed.
Section 3 of Article IV, as added by the measure that added this
subdivision, shall apply to legislative sessions commencing on or
after December 1, 2014.
Third-- That Section 3 is added to Article IV thereof, to read:
SEC. 3. (a) Commencing in 2015, the Legislature shall convene
in biennial regular session at noon on the first Monday in February
of each odd-numbered year and each house shall immediately organize.
Each regular session of the Legislature shall adjourn sine die by
operation of the Constitution at midnight on June 30 of the following
even-numbered year.
(b) The Legislature shall not meet in regular session after June
30 of any calendar year except for a single period after that date of
up to five consecutive calendar days to reconsider bills vetoed by
the Governor pursuant to Section 10.
(c) (1) Odd-numbered years of the biennial regular session shall
be known as budget sessions. In a budget session, the Legislature
shall consider only budget bills for the succeeding two fiscal years,
and revenue bills necessary for purposes of those budget bills.
(2) Notwithstanding paragraph (1), the Legislature may consider a
bill to address an emergency declared by the Governor, subject to all
of the following:
(A) A resolution is adopted, by rollcall vote entered in the
journal, two-thirds of the membership of each house concurring,
declaring that a state of emergency exists.
(B) Each bill referred to a committee, or taken up on the floor,
shall be germane to the declared state of emergency.
(C) Each bill described in subparagraph (B) shall be passed by
rollcall vote entered in the journal, two-thirds of the membership of
each house concurring.
(D) As used in this paragraph, "emergency" means the existence, as
declared by the Governor, of conditions of disaster or of extreme
peril to the safety of persons and property within the State, or
parts thereof, caused by such conditions as attack or probable or
imminent attack by an enemy of the United States, fire, flood,
drought, storm, civil disorder, earthquake, or volcanic eruption.
(d) Even-numbered years of the biennial regular session shall be
known as general sessions, at which any legislation other than the
budget bills may be considered. The Legislature shall convene each
general session on the first Monday after the first day of January. A
general session shall not exceed 120 days in duration, not including
Saturdays and Sundays.
(e) On extraordinary occasions the Governor by proclamation may
cause the Legislature to assemble in special session. When so
assembled it has power to legislate only on subjects specified in the
proclamation but may provide for expenses and other matters
incidental to the session.
Fourth-- That Section 7 of Article IV thereof is amended to read:
SEC. 7. (a) Each house shall choose its officers and adopt
rules for its proceedings. A majority of the membership constitutes a
quorum, but a smaller number may recess from day to day and compel
the attendance of absent members.
(b) Each house shall keep and publish a journal of its
proceedings. The rollcall vote of the members on a question shall be
taken and entered in the journal at the request of 3
three members present.
(c) (1) The proceedings of each house and the committees thereof
shall be open and public. However, closed sessions may be held solely
for any of the following purposes:
(A) To consider the appointment, employment, evaluation of
performance, or dismissal of a public officer or employee, to
consider or hear complaints or charges brought against a Member of
the Legislature or other public officer or employee, or to establish
the classification or compensation of an employee of the Legislature.
(B) To consider matters affecting the safety and security of
Members of the Legislature or its employees or the safety and
security of any buildings and grounds used by the Legislature.
(C) To confer with, or receive advice from, its legal counsel
regarding pending or reasonably anticipated, or whether to initiate,
litigation when discussion in open session would not protect the
interests of the house or committee regarding the litigation.
(2) A caucus of the Members of the Senate, the Members of the
Assembly, or the Members of both houses, which is composed of the
members of the same political party, may meet in closed session.
(3) The Legislature shall implement this subdivision by concurrent
resolution adopted by rollcall vote entered in the journal,
two-thirds of the membership of each house concurring, or by statute,
and shall prescribe that, when a closed session is held pursuant to
paragraph (1), reasonable notice of the closed session and the
purpose of the closed session shall be provided to the public. If
there is a conflict between a concurrent resolution and statute, the
last adopted or enacted shall prevail.
(d) Neither house without the consent of the other may recess for
more than 10 days or to any other place.
(e) This section does not apply to any legislative session
commencing on or after December 1, 2014. This section shall remain in
effect until December 1, 2014, and as of that date is repealed.
Section 7 of Article IV, as added by the measure that added this
subdivision, shall apply to legislative sessions commencing on or
after December 1, 2014.
Fifth-- That Section 7 is added to Article IV thereof, to read:
SEC. 7. (a) Each house shall choose its officers and adopt
rules for its proceedings. A majority of the membership constitutes a
quorum, but a smaller number may recess from day to day and compel
the attendance of absent members.
(b) Each house shall keep and publish a journal of its
proceedings. The rollcall vote of the members on a question shall be
taken and entered in the journal at the request of three members
present.
(c) (1) The proceedings of each house and the committees thereof
shall be open and public. However, closed sessions may be held solely
for any of the following purposes:
(A) To consider the appointment, employment, evaluation of
performance, or dismissal of a public officer or employee, to
consider or hear complaints or charges brought against a Member of
the Legislature or other public officer or employee, or to establish
the classification or compensation of an employee of the Legislature.
(B) To consider matters affecting the safety and security of
Members of the Legislature or its employees or the safety and
security of any buildings and grounds used by the Legislature.
(C) To confer with, or receive advice from, its legal counsel
regarding pending or reasonably anticipated, or whether to initiate,
litigation when discussion in open session would not protect the
interests of the house or committee regarding the litigation.
(2) A caucus of the Members of the Senate, the Members of the
Assembly, or the Members of both houses, which is composed of the
members of the same political party, may meet in closed session.
(3) The Legislature shall implement this subdivision by concurrent
resolution adopted by rollcall vote entered in the journal,
two-thirds of the membership of each house concurring, or by statute,
and shall prescribe that, when a closed session is held pursuant to
paragraph (1), reasonable notice of the closed session and the
purpose of the closed session shall be provided to the public. If
there is a conflict between a concurrent resolution and statute, the
last adopted or enacted shall prevail.
(d) Neither house without the consent of the other may recess for
more than three days or to any other place.
Sixth-- That Section 7.5 of Article IV thereof is amended to read:
SEC. 7.5. (a) In the fiscal year
immediately following the adoption of this Act
act , the total aggregate expenditures of the Legislature
for the compensation of members and employees of, and the operating
expenses and equipment for, the Legislature may not exceed an amount
equal to nine hundred fifty thousand dollars ($950,000) per
member Member for that fiscal year or 80 percent
of the amount of money expended for those purposes in the preceding
fiscal year, whichever is less. For each fiscal year thereafter, the
total aggregate expenditures may not exceed an amount equal to that
expended for those purposes in the preceding fiscal year, adjusted
and compounded by an amount equal to the percentage increase in the
appropriations limit for the State established pursuant to Article
XIII B.
(b) This section shall remain in effect until July 1, 2015, and as
of that date is repealed. Section 7.5 of Article IV, as added by the
measure that added this subdivision, shall apply to fiscal years
commencing on or after July 1, 2015.
Seventh-- That Section 7.5 is added to Article IV thereof, to
read:
SEC. 7.5. In the 2015-16 fiscal year, the total aggregate
expenditures of the Legislature for the compensation of members and
employees of, and the operating expenses and equipment for, the
Legislature may not exceed an amount equal to four hundred
seventy-five thousand dollars ($475,000) per Member for that fiscal
year or 80 percent of the amount of money expended for those purposes
in the preceding fiscal year, whichever is less. For each fiscal
year thereafter, the total aggregate expenditures may not exceed an
amount equal to that expended for those purposes in the preceding
fiscal year, adjusted and compounded by an amount equal to the
percentage increase in the appropriations limit for the State
established pursuant to Article XIII B.
Eighth-- 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, and
urgency statutes shall go into effect immediately upon their
enactment.
(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 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.
(e) This section does not apply to any legislative session
commencing on or after December 1, 2014. This section shall remain in
effect until December 1, 2014, and as of that date is repealed.
Section 8 of Article IV, as added by the measure that added this
subdivision, shall apply to legislative sessions commencing on or
after December 1, 2014.
Ninth-- That Section 8 is added to Article IV thereof, to read:
SEC. 8. (a) At a general session no bill may be heard or acted
on by committee or either house until the 15th day after the bill is
introduced unless the house dispenses with this requirement by
rollcall vote entered in the journal, 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 three days in each house except that the house may
dispense with this requirement by rollcall vote entered in the
journal, two-thirds of the membership concurring. No bill may be
passed until the bill with amendments has been printed and
distributed to the 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 paragraph (2), 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) Statutes calling elections, statutes providing for tax levies
or appropriations for the usual current expenses of the State, and
urgency statutes shall go into effect immediately upon their
enactment.
(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
of the membership concurring. An urgency statute may not create or
abolish any office, change the salary, term, or duties of any office,
grant any franchise or special privilege, or create any vested right
or interest.
Tenth-- That Section 10 of Article IV thereof is amended to read:
SEC. 10. (a) Each bill passed by the Legislature shall be
presented to the Governor. It becomes a statute if it is signed by
the Governor. The Governor may veto it by returning it with any
objections to the house of origin, which shall enter the objections
in the journal and proceed to reconsider it. If each house then
passes the bill by rollcall vote entered in the journal, two-thirds
of the membership concurring, it becomes a statute.
(b) (1) Any bill, other than a bill which would establish or
change boundaries of any legislative, congressional, or other
election district, 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, that is not
returned within 30 days after that date becomes a statute.
(2) Any bill passed by the Legislature before September 1 of the
second calendar year of the biennium of the legislative session and
in the possession of the Governor on or after September 1 that is not
returned on or before September 30 of that year becomes a statute.
(3) Any other bill presented to the Governor that is not returned
within 12 days becomes a statute.
(4) If the Legislature by adjournment of a special session
prevents the return of a bill with the veto message, the bill becomes
a statute unless the Governor vetoes the bill within 12 days after
it is presented by depositing it and the veto message in the office
of the Secretary of State.
(5) If the 12th day of the period within which the Governor is
required to perform an act pursuant to paragraph (3) or (4)
of this subdivision is a Saturday, Sunday, or holiday, the
period is extended to the next day that is not a Saturday, Sunday, or
holiday.
(c) Any bill introduced during the first year of the biennium of
the legislative session that has not been passed by the house of
origin by January 31 of the second calendar year of the biennium may
no longer be acted on by the house. No bill may be passed by either
house on or after September 1 of an even-numbered year except
statutes calling elections, statutes providing for tax levies or
appropriations for the usual current expenses of the State, and
urgency statutes, and bills passed after being vetoed by the
Governor.
(d) The Legislature may not present any bill to the Governor after
November 15 of the second calendar year of the biennium of the
legislative session.
(e) The Governor may reduce or eliminate one or more items of
appropriation while approving other portions of a bill. The Governor
shall append to the bill a statement of the items reduced or
eliminated with the reasons for the action. The Governor shall
transmit to the house originating the bill a copy of the statement
and reasons. Items reduced or eliminated shall be separately
reconsidered and may be passed over the Governor's veto in the same
manner as bills.
(f) (1) If, following the enactment of the budget bill for the
2004-05 fiscal year or any subsequent fiscal year, the Governor
determines that, for that fiscal
year, General Fund revenues will decline substantially below
the estimate of General Fund revenues upon which the budget bill for
that fiscal year, as enacted, was based, or General Fund expenditures
will increase substantially above that estimate of General Fund
revenues, or both, the Governor may issue a proclamation declaring a
fiscal emergency and shall thereupon cause the Legislature to
assemble in special session for this purpose. The proclamation shall
identify the nature of the fiscal emergency and shall be submitted by
the Governor to the Legislature, accompanied by proposed legislation
to address the fiscal emergency.
(2) If the Legislature fails to pass and send to the Governor a
bill or bills to address the fiscal emergency by the 45th day
following the issuance of the proclamation, the Legislature may not
act on any other bill, nor may the Legislature adjourn for a joint
recess, until that bill or those bills have been passed and sent to
the Governor.
(3) A bill addressing the fiscal emergency declared pursuant to
this section shall contain a statement to that effect.
(g) (1) This section does not apply to any legislative session
commencing on or after December 1, 2014. This section shall no longer
be operative as of December 1, 2014, and as of July 1, 2015, is
repealed. Section 10 of Article IV, as added by the measure that
added this subdivision, shall apply to legislative sessions
commencing on or after December 1, 2014.
(2) Notwithstanding paragraph (1), subdivision (f) shall remain
operative until July 1, 2015.
Eleventh-- That Section 10 is added to Article IV thereof, to
read:
SEC. 10. (a) Each bill passed by the Legislature shall be
presented to the Governor. It becomes a statute if it is signed by
the Governor. The Governor may veto it by returning it with any
objections to the house of origin, which shall enter the objections
in the journal and proceed to reconsider it. If each house then
passes the bill by rollcall vote entered in the journal, two-thirds
of the membership concurring, it becomes a statute.
(b) (1) Any bill passed by the Legislature in a budget session or
general session before July 1 and in the possession of the Governor
on or after July 1 that is not returned on or before July 30 of that
year becomes a statute.
(2) Any other bill presented to the Governor that is not returned
within 12 days becomes a statute.
(3) If the Legislature by adjournment of a special session
prevents the return of a bill with the veto message, the bill becomes
a statute unless the Governor vetoes the bill within 12 days after
it is presented by depositing it and the veto message in the office
of the Secretary of State.
(4) If the 12th day of the period within which the Governor is
required to perform an act pursuant to paragraph (2) or (3) is a
Saturday, Sunday, or holiday, the period is extended to the next day
that is not a Saturday, Sunday, or holiday.
(c) The Governor may reduce or eliminate one or more items of
appropriation while approving other portions of a bill. The Governor
shall append to the bill a statement of the items reduced or
eliminated with the reasons for the action. The Governor shall
transmit to the house originating the bill a copy of the statement
and reasons. Items reduced or eliminated shall be separately
reconsidered and may be passed over the Governor's veto in the same
manner as bills.
(d) (1) If, following the enactment of a budget bill for any
fiscal year, the Governor determines that, for that fiscal year,
General Fund revenues will decline substantially below the estimate
of General Fund revenues upon which the budget bill for that fiscal
year, as enacted, was based, or General Fund expenditures will
increase substantially above that estimate of General Fund revenues,
or both, the Governor may issue a proclamation declaring a fiscal
emergency and shall thereupon cause the Legislature to assemble in
special session for this purpose. The proclamation shall identify the
nature of the fiscal emergency and shall be submitted by the
Governor to the Legislature, accompanied by proposed legislation to
address the fiscal emergency.
(2) If the Legislature fails to pass and send to the Governor a
bill or bills to address the fiscal emergency by the 45th day
following the issuance of the proclamation, the Legislature may not
act on any other bill, nor may the Legislature adjourn for a joint
recess, until that bill or those bills have been passed and sent to
the Governor.
(3) A bill addressing the fiscal emergency declared pursuant to
this subdivision shall contain a statement to that effect.
Twelfth-- That Section 11 of Article IV thereof is amended to
read:
SEC. 11. (a) The Legislature or either
house may by resolution provide for the selection of committees
necessary for the conduct of its business, including committees to
ascertain facts and make recommendations to the Legislature on a
subject within the scope of legislative control.
(b) This section does not apply to any legislative session
commencing on or after December 1, 2014. This section shall remain in
effect until December 1, 2014, and as of that date is repealed.
Section 11 of Article IV, as added by the measure that added this
subdivision, shall apply to legislative sessions commencing on or
after December 1, 2014.
Thirteenth-- That Section 11 is added to Article IV thereof, to
read:
SEC. 11. (a) The Legislature or either house may by resolution
provide for the selection of committees necessary for the conduct of
its business, including committees to ascertain facts and make
recommendations to the Legislature on a subject within the scope of
legislative control.
(b) On or after July 1 of each year, a committee of each house may
meet to ascertain facts and review programs within the subject area
of the committee. A committee shall not consider a bill or other
measure from July 1 of each year until the house convenes in the
subsequent budget session or general session.
Fourteenth-- 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, are void unless passed in each
house by rollcall vote entered in the journal, two-thirds of the
membership concurring.
(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 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.
(g) This section does not apply to the budget or budget bill for
any fiscal period commencing on or after July 1, 2015. This section
shall remain in effect until July 1, 2015, and as of that date is
repealed. Section 12 of Article IV, as added by the measure that
added this subdivision, shall apply to the budget and budget bill for
fiscal periods commencing on or after July 1, 2015.
Fifteenth-- That Section 12 is added to Article IV thereof, to
read:
SEC. 12. (a) Within the first 10 days of each odd-numbered
calendar year, the Governor shall submit to the Legislature, with an
explanatory message, a separate budget for each of the two subsequent
fiscal years thereafter commencing on July 1, 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 any information that is
deemed necessary to prepare each budget.
(c) (1) Each budget shall be accompanied by a budget bill
itemizing recommended expenditures for the applicable fiscal year.
(2) The budget bills shall be introduced immediately in each house
by the persons chairing the committees that consider the budget.
(3) The Legislature shall pass the budget bills for each of the
two subsequent fiscal years during the budget session.
(4) Until the budget bills are enacted, the Legislature shall not
send to the Governor for consideration any bill appropriating funds
for expenditure during either of the two subsequent fiscal years for
which the budget bills are to be enacted, except emergency bills
recommended by the Governor or appropriations for the salaries and
expenses of the Legislature.
(d) No bill except a 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, are void unless passed in each
house by rollcall vote entered in the journal, two-thirds of the
membership concurring.
(e) The Legislature may control the submission, approval, and
enforcement of budgets and the filing of claims for all state
agencies.
(f) For any fiscal year, the Legislature shall 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.
Sixteenth-- That Section 6 of Article XIX thereof is amended to
read:
SEC. 6. (a) The tax revenues designated
under this article may be loaned to the General Fund only if one of
the following conditions is imposed:
(a)
(1) That any amount loaned is to be repaid in full to
the fund from which it was borrowed during the same fiscal year in
which the loan was made, except that repayment may be delayed until a
date not more than 30 days after the date of enactment of the budget
bill for the subsequent fiscal year.
(b)
(2) That any amount loaned is to be repaid in full to
the fund from which it was borrowed within three fiscal years from
the date on which the loan was made and one of the following has
occurred:
(1)
(A) The Governor has proclaimed a state of emergency
and declares that the emergency will result in a significant negative
fiscal impact to the General Fund.
(2)
(B) The aggregate amount of General Fund revenues for
the current fiscal year, as projected by the Governor in a report to
the Legislature in May of the current fiscal year, is less than the
aggregate amount of General Fund revenues for the previous fiscal
year, adjusted for the change in the cost of living and the change in
population, as specified in the budget submitted by the Governor
pursuant to Section 12 of Article IV in the current fiscal year.
(c)
(3) Nothing in this section prohibits the Legislature
from authorizing, by statute, loans to local transportation agencies,
cities, counties, or cities and counties, from funds that are
subject to this article, for the purposes authorized under this
article. Any loan authorized as described by this subdivision shall
be repaid, with interest at the rate paid on money in the Pooled
Money Investment Account, or any successor to that account, during
the period of time that the money is loaned, to the fund from which
it was borrowed, not later than four years after the date on which
the loan was made.
(b) This section does not apply to any legislative session
commencing on or after December 1, 2014. This section shall remain in
effect until December 1, 2014, and as of that date is repealed.
Section 6 of Article XIX, as added by the measure that added this
subdivision, shall apply to legislative sessions commencing on or
after December 1, 2014.
Seventeenth-- That Section 6 is added to Article XIX thereof, to
read:
SEC. 6. The tax revenues designated under this article may be
loaned to the General Fund only if one of the following conditions is
imposed:
(a) That any amount loaned is to be repaid in full to the fund
from which it was borrowed during the same fiscal year in which the
loan was made, except that repayment may be delayed until a date not
more than 30 days after the date of enactment of the budget bill for
the subsequent fiscal year, or July 31 of that subsequent fiscal
year, whichever is later.
(b) That any amount loaned is to be repaid in full to the fund
from which it was borrowed within three fiscal years from the date on
which the loan was made and one of the following has occurred:
(1) The Governor has proclaimed a state of emergency and declares
that the emergency will result in a significant negative fiscal
impact to the General Fund.
(2) The aggregate amount of General Fund revenues for the current
fiscal year, as projected by the Governor in a report to the
Legislature in May of the current fiscal year, is less than the
aggregate amount of General Fund revenues for the previous fiscal
year, adjusted for the change in the cost of living and the change in
population, as specified in the budget submitted by the Governor
pursuant to Section 12 of Article IV in the current fiscal year.
(c) Nothing in this section prohibits the Legislature from
authorizing, by statute, loans to local transportation agencies,
cities, counties, or cities and counties, from funds that are subject
to this article, for the purposes authorized under this article. Any
loan authorized as described by this subdivision shall be repaid,
with interest at the rate paid on money in the Pooled Money
Investment Account, or any successor to that account, during the
period of time that the money is loaned, to the fund from which it
was borrowed, not later than four years after the date on which the
loan was made.
Eighteenth-- That Section 1 of Article XIX A thereof is amended to
read:
SECTION 1. (a) The funds in the Public
Transportation Account in the State Transportation Fund, or any
successor to that account, may be loaned to the General Fund only if
one of the following conditions is imposed:
(a)
(1) That any amount loaned is to be repaid in full to
the account during the same fiscal year in which the loan was made,
except that repayment may be delayed until a date not more than 30
days after the date of enactment of the budget bill for the
subsequent fiscal year.
(b)
(2) That any amount loaned is to be repaid in full to
the account within three fiscal years from the date on which the loan
was made and one of the following has occurred:
(1)
(A) The Governor has proclaimed a state of emergency
and declares that the emergency will result in a significant negative
fiscal impact to the General Fund.
(2)
(B) The aggregate amount of General Fund revenues for
the current fiscal year, as projected by the Governor in a report to
the Legislature in May of the current fiscal year, is less than the
aggregate amount of General Fund revenues for the previous fiscal
year, as specified in the budget submitted by the Governor pursuant
to Section 12 of Article IV in the current fiscal year.
(b) This section does not apply to any legislative session
commencing on or after December 1, 2014. This section shall remain in
effect until December 1, 2014, and as of that date is repealed.
Section 1 of Article XIX A, as added by the measure that added this
subdivision, shall apply to legislative sessions commencing on or
after December 1, 2014.
Nineteenth-- That Section 1 is added to Article XIX A thereof, to
read:
SECTION 1. The funds in the Public Transportation Account in
the State Transportation Fund, or any successor to that account, may
be loaned to the General Fund only if one of the following conditions
is imposed:
(a) That any amount loaned is to be repaid in full to the account
during the same fiscal year in which the loan was made, except that
repayment may be delayed until a date not more than 30 days after the
date of enactment of the budget bill for the subsequent fiscal year,
or July 31 of that subsequent fiscal year, whichever is later.
(b) That any amount loaned is to be repaid in full to the account
within three fiscal years from the date on which the loan was made
and one of the following has occurred:
(1) The Governor has proclaimed a state of emergency and declares
that the emergency will result in a significant negative fiscal
impact to the General Fund.
(2) The aggregate amount of General Fund revenues for the current
fiscal year, as projected by the Governor in a report to the
Legislature in May of the current fiscal year, is less than the
aggregate amount of General Fund revenues for the previous fiscal
year, as specified in the budget submitted by the Governor pursuant
to Section 12 of Article IV in the current fiscal year.
