Bill Text: CA ACA28 | 2009-2010 | Regular Session | Introduced
Bill Title: State budget: certification.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-11-30 - Died at Desk. [ACA28 Detail]
Download: California-2009-ACA28-Introduced.html
BILL NUMBER: ACA 28 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Nestande
JANUARY 12, 2010
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 28, as introduced, Nestande. State budget: certification.
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 described above be made by the Treasurer. The measure would
require the Treasurer, within 3 days after a budget bill is submitted
to the Governor, to certify whether the budget bill meets the above
requirement regarding appropriations from the General Fund. The
Governor would be prohibited from signing a bill that the Treasurer
certifies as not meeting that requirement unless the Governor adjusts
appropriations in the bill and the Treasurer certifies that the
bill, as adjusted, does in fact meet that requirement.
This measure would prohibit either house of the Legislature from
adjourning for a recess after sending a budget bill to the Governor
until the Treasurer has certified that the budget bill meets the
above requirement regarding appropriations from the General Fund.
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 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 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) (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
.
(2) The Treasurer shall provide to the Legislature, upon request,
an estimate of the General Fund revenues for the fiscal year to which
the budget bill applies. The Treasurer's estimate of General Fund
revenues shall be set forth in the budget bill passed by the
Legislature.
(3) The Treasurer shall, within 3 days
after a budget bill is sent to the Governor for consideration,
certify whether the bill would, as of the date of that certification,
satisfy the requirements of paragraph (1).
(4) (A) Except as provided in subparagraph (B), the Governor shall
not sign into law a budget bill that has been certified by the
Treasurer as not satisfying the requirements of paragraph (1).
(B) In the event that the Treasurer certifies that the budget bill
sent to him or her for consideration does not satisfy the
requirements of paragraph (1), the Governor may sign the budget bill
only if all of the following have occurred:
(i) The Governor proposes to reduce or eliminate one or more items
of appropriation pursuant to subdivision (e) of Section 10 so that
the bill will satisfy the requirements of paragraph (1).
(ii) The Governor submits the budget bill with those proposed
adjustments to the Treasurer, who shall certify, within 3 days of
that submission, whether the budget bill, as adjusted, satisfies the
requirements of paragraph (1).
(iii) The Treasurer certifies that the budget bill, as proposed to
be adjusted, satisfies the requirements of paragraph (1).
(5) After sending a budget bill to the
Governor for consideration, neither house of the Legislature shall
adjourn for more than 10 days before the date the Treasurer certifies
that that budget bill, or a budget bill for the same fiscal year
sent to the Governor thereafter, satisfies the
requirements of paragraph (1).
