California Assembly Bill ACA18 Introduced / Bill

 BILL NUMBER: ACA 18INTRODUCED BILL TEXT INTRODUCED BY Assembly Members Evans and Bass MARCH 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, amending Sections 8 and 12 of Article IV thereof, and amending Section 3 of Article XIII A thereof, relating to the state budget. LEGISLATIVE COUNSEL'S DIGEST ACA 18, as introduced, Evans. State budget. (1) The California Constitution requires specified bills, including certain bills making appropriations from the General Fund, and a bill making a change in state taxes for the purpose of raising revenue, to be passed in each house of the Legislature by a 2/3 vote. This measure would exempt General Fund appropriations in the Budget Bill from the 2/3-vote requirement. This measure also would permit the Legislature, by majority vote in each house, to propose to the voters a change in a state tax for purposes of increasing revenue through a statute enacting a bill identified in the Budget Bill as necessary to implement the Budget Bill. This measure would provide that, if a majority of the voters approve the statute, it would go into effect the day after the election. (2) The California Constitution provides 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. These measures are exempt from the voters' power of referendum to approve or reject a statute. This measure would add, to those statutes that take effect immediately, statutes enacting the Budget Bill and statutes enacting bills identified in the Budget Bill as necessary to implement the Budget Bill, except for statutes to be proposed to the voters as described above. These statutes, including the statutes to be proposed to the voters, would be exempt from the voters' power of referendum. 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: 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   a statute  or  parts   a part  of  statutes   a statute,  except  urgency statutes, statutes calling elections, and statutes providing for tax levies or appropriations for usual current expenses of the State   a statute that takes effect immediately or a s   tatute that is required to be submitted to the electors . (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   shall  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   shall  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   shall not  make  no   a  law except by statute and  may  shall not  enact  no   a  statute except by bill.  No   A  bill  may  shall not  be passed unless it is read by title on  3   three  days in each house  ,  except that  the   a  house may dispense with this requirement by rollcall vote entered in the journal,  two thirds   two-thirds  of the membership concurring.  No   A  bill  may   shall not  be passed until the bill with amendments has been printed and distributed to the  members   Members  .  No   A  bill  may   shall not  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   A statute  calling  elections, statutes   an election, a statute  providing for  a  tax  levies or appropriations   levy, a statute making an appropriation  for the usual current expenses of the State,  and   an  urgency  statutes   statute, a statute enacting the budget bill, and a statute enacting a budget implementation bill  shall go into effect immediately upon their enactment  , except that a statute enacting a budget implementation bill submitted to the electors pursuant to subdivision (b) of Section 3 of Article XIII     A shall go int   o effect the day after the election at which the statute is approved by   the electors  .  For purposes of this section and Section 3 of Article XIII     A, a "budget implementation bill" is a bill   that is identified in the budget bill as containing only changes in law necessary to implement the budget bill.  (d)  Urgency statutes are those   An urgency statute is a statute  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   shall  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)  No bill except   Except   for  the budget bill  may   , a bill shall not  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  or appropriations made in the budget bill  , are void unless passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring.  For purposes of this section and Section 8, a "budget bill" is a bill that makes appropriations for the support of the government of the State for an entire fiscal year.  (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 3 of Article XIII A thereof is amended to read: Section 3.  From   (a)     Except as provided by subdivision (b), from  and after the effective date of this article,  any changes   a change  in  a  state  taxes   tax  enacted for the purpose of increasing revenues collected pursuant thereto  ,  whether by  an  increased  rates   rate  or  changes   a change  in  methods  the method  of computation  ,  must be imposed by an  Act   act  passed by not less than two-thirds of  all members elected to each of the two houses   the membership of each house  of the Legislature, except that  no   a  new ad valorem  taxes   tax  on real property, or  a  sales or transaction  taxes   tax  on the  sales   sale  of real property  may   , shall not  be imposed.  (b) The Legislature may propose to the electors a change in a state tax for the purpose of increasing revenue collected pursuant thereto through a statute enacting a budget implementation bill. A statute enacting a budget implementation bill submitted to the electors pursuant to this subdivision shall become effective only if it is approved by a majority of the votes cast thereon by the electors. If provisions of two or more statutes enacting budget implementation bills submitted to the electors pursuant to this subdivision conflict, the provisions of the statute receiving the highest affirmative vote from the electors shall prevail.