Bill Text: CA SCA7 | 2009-2010 | Regular Session | Introduced


Bill Title: Legislature: compensation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-02-24 - Re-referred to Com. on RLS. [SCA7 Detail]

Download: California-2009-SCA7-Introduced.html
BILL NUMBER: SCA 7	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Maldonado

                        JANUARY 15, 2009

   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


   SCA 7, as introduced, Maldonado. Legislature: compensation.
   Existing provisions of the California Constitution require the
Legislature to pass a Budget Bill by June 15 of each year. Existing
provisions of the California Constitution also provide that the
salaries of elected officials, including Members of the Legislature,
may not be reduced during the term of office.
   This measure instead would provide that, if a Budget Bill is not
passed by June 15, Members of the Legislature may not be paid any
salary or per diem for the period from June 16 to the date a Budget
Bill is passed and sent to the Governor.
   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:
    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  the 
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) Notwithstanding Sections 4 and 8 of Article III and
subdivision (b) of Section 4 of this article, in any year in which
the budget bill is not passed by midnight on June 15, each Member of
the Legislature shall forfeit his or her salary and any payment of
travel and living expenses to which the Member would otherwise be
entitled for the period from June 16 until the date the budget bill
is passed and sent to the Governor. Salary and payment of expenses
forfeited pursuant to this subdivision shall not be paid
retroactively. For purposes of this subdivision, "budget bill" means
a bill that makes appropriations for the support of the government of
the State for the entire ensuing fiscal year. 
                       
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