Bill Text: CA SCA9 | 2009-2010 | Regular Session | Introduced
Bill Title: Finance: state budget: taxes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-22 - Hearing postponed by committee. [SCA9 Detail]
Download: California-2009-SCA9-Introduced.html
BILL NUMBER: SCA 9 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Ducheny
JANUARY 26, 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 repealing Section 3 of Article XIII A thereof,
relating to government finance.
LEGISLATIVE COUNSEL'S DIGEST
SCA 9, as introduced, Ducheny. Finance: state budget: taxes.
(1) Existing constitutional provisions require each house of the
Legislature to pass a bill appropriating money from the General Fund,
except appropriations for the public schools, by a 2/3 vote.
This measure would also exempt from this 2/3-vote requirement
appropriations made in a Budget Bill, and appropriations made in a
bill identified in the Budget Bill as containing only changes in law
necessary to implement the Budget Bill. Instead, this measure would
require that a Budget Bill, and any bill identified in the Budget
Bill as containing only changes in law necessary to implement the
Budget Bill, be passed by a 55% vote in each house.
(2) Existing constitutional provisions provide that a statute
takes immediate effect upon enactment if the statute calls for an
election, provides for a tax levy or makes an appropriation for the
usual and current expenses of the state, or is an urgency statute. In
addition, the Constitution exempts these statutes from the power of
referendum, which is the power to approve or reject statutes or parts
of statutes.
This measure would add, as 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 containing
only changes in law necessary to implement the Budget Bill.
(3) The California Constitution requires a change in state taxes
enacted for the purpose of increasing state revenues to be by
a2/3vote of each house of the Legislature.
This measure would delete that 2/3 vote requirement.
(4) This measure would find and declare that certain changes to
Section 12 of Article IV of the California Constitution proposed by
this measure and SCA 13 of the 2007-08 Regular Session, as amended by
SCA 30 of the 2007-08 Regular Session, are complementary, and not in
conflict. The measure would incorporate the changes proposed by both
measures in Section 12 if both measures are approved by the voters.
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.
(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 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 from the General Fund of
the State, except appropriations for the public schools ,
appropriations made in the budget bill, and appropriations made in b
udget implementation bills , are void unless passed
in each house by rollcall vote entered in the journal, two-thirds of
the membership concurring.
(2) The budget bill and each budget implementation bill shall be
passed in each house by rollcall vote entered in the journal, 55
percent of the membership concurring. For purposes of this section,
Section 8 of this article, and Section 9 of Article II, a "budget
bill" is a bill that makes appropriations for the support of the
government for an entire fiscal year, and a "budget implementation
bill" is a bill that is identified in a budget bill as containing
only changes in law necessary to implement the budget bill.
(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.
Fourth-- 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 total state resources available to meet
those expenditures . If recommended expenditures exceed
estimated revenues resources , the
Governor shall recommend the sources from which the additional
revenues resources should be provided.
The itemized statement of estimated total state resources
available to meet recommended expenditures submitted pursuant to this
subdivision shall identify the amount, if any, of those resources
anticipated to be one-time resources.
(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) (1) 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 ,
appropriations made in the budget bill, and appropriations made in
budget implementation bills , are void unless passed in each
house by rollcall vote entered in the journal, two-thirds of the
membership concurring.
(2) The budget bill and each budget implementation bill shall be
passed in each house by rollcall vote entered in the journal, 55
percent of the membership concurring. For purposes of this section,
Section 8 of this article, and Section 9 of Article II, a "budget
bill" is a bill that makes appropriations for the support of the
government for an entire fiscal year, and a "budget implementation
bill" is a bill that is identified in a budget bill as containing
only changes in law necessary to implement the budget bill.
(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 Fund for that
fiscal year pursuant to Section 20 of Article XVI, exceeds General
Fund revenues , transfers, and balances available from the prior
fiscal year for that fiscal year estimated as of the date of
the budget bill's passage. That estimate of General Fund revenues
, transfers, and balances shall be set forth in the budget
bill passed by the Legislature.
Fifth-- That Section 3 of Article XIII A thereof is repealed.
Section 3. From and after the effective date of this article,
any changes in state taxes enacted for the purpose of increasing
revenues collected pursuant thereto whether by increased rates or
changes in methods of computation must be imposed by an Act passed by
not less than two-thirds of all members elected to each of the two
houses of the Legislature, except that no new ad valorem taxes on
real property, or sales or transaction taxes on the sales of real
property may be imposed.
Sixth-- The Legislature finds and declares that the changes in
Section 12 of Article IV of the California Constitution proposed by
the third section of this measure are complementary to, and not in
conflict with, the changes proposed in Section 12 of Article IV of
the California Constitution by Senate Constitutional Amendment 13 of
the 2007-08 Regular Session (Resolution Chapter 144 of the Statutes
of 2008). Accordingly, the fourth section of this measure
incorporates the amendments to Section 12 of Article IV of the
California Constitution proposed by both measures. Therefore, the
fourth section of this measure shall become operative only if Senate
Constitutional Amendment 13 of the 2007-08 Regular Session
(Resolution Chapter 144 of the Statutes of 2008), as amended by
Senate Constitution Amendment 30 of the 2007-08 Regular Session
(Resolution Chapter 167 of the Statutes of 2008) is approved by the
voters, in which case the third section of this measure shall not
become operative. It is the intent of the Legislature that the
Legislative Analyst include this information in his or her analysis
of this measure prepared for the ballot pamphlet.
