Bill Text: CA SCA2 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Revised biennial session.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced - Dead) 2010-03-16 - From committee with author's amendments. Read second time. Amended. Re-referred to Com. on RLS. [SCA2 Detail]

Download: California-2009-SCA2-Amended.html

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BILL NUMBER: SCA 2	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 16, 2009
	AMENDED IN SENATE  MAY 12, 2009

INTRODUCED BY   Senator Wyland
    (   Principal coauthor:   Assembly Member
  Emmerson   ) 
   (Coauthor: Senator Strickland)
    (   Coauthors:   Assembly Members 
 DeVore   and Silva   ) 

                        DECEMBER 1, 2008

   A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending,
repealing, and adding Sections 3, 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 legislative sessions.



	LEGISLATIVE COUNSEL'S DIGEST


   SCA 2, as amended, Wyland. Revised biennial session.
   (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 the Legislature to convene in regular
biennial session, but would require, commencing on December 6, 2010,
that the sessions held in odd-numbered years be budget sessions, and
sessions held in even-numbered years be general sessions. The measure
would require the Legislature in the budget session to adopt
 budget bills   Budget Bills  for each of
the  two   2  subsequent fiscal years. The
measure would prohibit the Legislature, during a budget session, from
considering legislation other than the  budget bills
  Budget Bills  and related revenue bills, except
bills addressing a declared state of emergency or urgency statutes.
Urgency statutes would require a 3/4 vote of the membership in each
house for passage during a budget session.
   The measure would provide that at general sessions the Legislature
may consider any legislation other than  budget bills
  Budget Bills , except under specified conditions.

   (2) The California Constitution requires that a budget be
submitted by the Governor, and that the Legislature pass a Budget Act
on or before June 15. Funds may be expended from the State Treasury
for support of the state government only through an appropriation
made by the Legislature.
   This measure would require, in each odd-numbered calendar year,
commencing in 2011, that the Governor submit to the Legislature
 two   2  proposed budgets for the 
two   2  subsequent fiscal years, respectively.
   The measure would provide, commencing with the 2011-12 fiscal
year, that if the Budget Act is not enacted by July 1, unspecified
amounts are appropriated from the General Fund and other funds and
sources to the Controller for allocation by the Director of Finance
to pay the current expenses for critical services of the state
government, excluding salaries and per diem of Members of the
Legislature, not exceeding the amounts expended to fund those
services for the preceding fiscal year.
   (3) 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 require, during a budget session, that each
standing policy committee of each house of the Legislature function
as a budget subcommittee to make recommendations, to the standing
committee of each house of the Legislature that considers the budget,
proposed amendments to the pending  budget bill 
 Budget Bill  , relative to the adoption or modification of
 budget bill   Budget Bill  matters within
the subject area of the standing policy committee. The measure would,
after each  budget bill   Budget Bill  has
been passed, require each standing policy committee to meet for
purposes of oversight and review of programs within the subject area
of the committee.
   (4) The California Constitution permits revenues from taxes
imposed by the  State   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   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   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 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 6, 2010. This section shall remain in
effect until December 6, 2010, 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 6, 2010.
  Second--  That Section 3 is added to Article IV thereof, to read:
      SEC. 3.  (a) The Legislature shall convene in biennial regular
session at noon on the first Monday in December of each even-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 November 30 of the following
even-numbered year.
   (b) Odd-numbered years of the biennial regular session, together
with the immediately preceding December upon organization of each
house, 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 therefor, except as
follows:
   (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.
   (2) The Legislature may consider a bill to enact an urgency
statute that satisfies paragraphs (1) and (2) of subdivision (d) of
Section 8.
   (c) (1) 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.
   (2) If the estimate of General Fund revenues upon which the budget
bill enacted for a fiscal year was based is determined to exceed
General Fund revenues for that fiscal year by more than 6 percent, or
General Fund expenditures for the fiscal year are determined to
exceed that estimate of General Fund revenues by more than 6 percent,
the Legislature may meet in the general session to amend or augment
the budget act for that fiscal year. A bill in the general session to
amend or augment the budget act shall contain a finding that the
bill satisfies the requirements of this paragraph.
   (d) 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.
  Third--  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 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 paragraphs (2) and (3), 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   a  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
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 6, 2010. This section shall remain in
effect until December 6, 2010, 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 6, 2010.
  Fourth--  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 31st 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) (1) 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. 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.
   (2) In a budget session, each house shall pass separately the
section and the bill, each by rollcall vote entered in the journal,
three-fourths of the membership concurring.
   (3) In a general session, each house shall pass separately the
section and the bill, each by rollcall vote entered in the journal,
two-thirds of the membership concurring.
  Fifth--  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. A bill becomes a statute if it is signed
by the Governor. The Governor may veto a bill 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) 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, 2005-06, 2006-07, 2007-08, 2008-09, 2009-10, or 2010-11
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 6, 2010. This section shall no longer
be operative as of December 6, 2010, and as of July 1, 2011, 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 6, 2010.
   (2) Notwithstanding paragraph (1), subdivision (f) shall remain in
effect until July 1, 2011.
  Sixth--  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 September 1 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.
   (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) No bill may be passed by either house on or after September 1
of a general session 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 shall not present to the Governor any bill
passed in a budget session or general session after November 15.
   (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 a budget bill for 2011-12
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 subdivision shall contain a statement to that effect.
  Seventh--  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 6, 2010. This section shall remain in
effect until December 6, 2010, 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 6, 2010.
  Eighth--  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) During a budget session, all of the following shall apply:
   (1) Each standing policy committee of each house shall function as
a budget subcommittee to consider and recommend, to the standing
committee of each house that considers the budget, proposed
amendments to the pending budget bills, relative to the adoption or
modification of items or other provisions of those budget bills
within the subject area of the standing policy committee.
   (2) The standing committee of each house that considers the budget
shall, by majority vote of the membership of the committee, adopt
proposed amendments to each budget bill and report each budget bill
out of committee.
   (3) After each budget bill is enacted, each standing policy
committee of each house shall meet for purposes of oversight and
review of programs within the subject area of the committee.
  Ninth--  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, 2005-06, 2006-07, 2007-08, 2008-09, 2009-10,
and 2010-11 fiscal years, 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, 2011. This section
shall remain in effect until July 1, 2011, 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, 2011.
  Tenth--  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 by midnight on
June 15 of the odd-numbered calendar year.
   (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 the fiscal year beginning July 1, 2011, and every July 1
thereafter, 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 with 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) (1) For any fiscal year commencing on or after July 1, 2011,
for which the budget bill has not been enacted as of July 1 of that
fiscal year, for the period from July 1 until the date of enactment
of the budget bill for that fiscal year, inclusive, funds are hereby
appropriated to the Controller from the funds and sources set forth
described in paragraph (2), and are available for allocation by the
Director of Finance for the exclusive purpose of the payment of
current expenses for critical services of the government of the State
of California, excluding salaries and per diem of Members of the
Legislature, not to exceed the amounts expended to fund those
services for the immediately preceding fiscal year.
   (2) The Director of Finance shall allocate the funds appropriated
in paragraph (1) from the General Fund and, as applicable, special
funds, bond funds, federal funds, and reimbursements.
  Eleventh--  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:
   (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.
   (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:
   (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.
   (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.
   (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 6, 2010. This section shall remain in
effect until December 6, 2010, 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 6, 2010.
  Twelfth--  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.
  Thirteenth--  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:
   (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.

   (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:
   (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.
   (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 6, 2010. This section shall remain in
effect until December 6, 2010, 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 6, 2010.
  Fourteenth--  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.