California Senate Bill SCA22 Latest Draft

 BILL NUMBER: SCA 22INTRODUCED BILL TEXT INTRODUCED BY Senator Wolk (Coauthor: Senator DeSaulnier) MAY 28, 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 amending Section 3 of Article XIII A thereof, relating to the state budget. LEGISLATIVE COUNSEL'S DIGEST SCA 22, as introduced, Wolk. State budget. (1) The California Constitution requires each house of the Legislature to pass a bill appropriating moneys from the General Fund, except appropriations for the public schools, by a 2/3 vote. The California Constitution generally limits the amount of total amount appropriations of the state for a year to the total amount of appropriations for the prior year after adjusted for the change in the cost of living and population. The California Constitution requires that a change in state taxes for purposes of increasing revenue either by increasing the rate of the state tax or a change in the method of computation of the state tax be passed by a 2/3 vote. This measure would provide that if the total amount of General Fund appropriations in a Budget Bill, as defined, for the fiscal year, when combined with all appropriations from the General Fund for that fiscal year made by statutes enacted as of the date of the Budget Bill's passage, does not exceed the lesser of the appropriation limit for that fiscal year or 105% of General Fund appropriations made by statutes enacted as of that date for the immediately preceding fiscal year, the Budget Bill is exempt from the 2/3-vote requirement that otherwise applies to General Fund appropriations. This measure would also exempt, from the 2/3-vote requirement that applies to certain changes in state taxes, a change in a state tax for the purpose of generating General Fund revenue contained in a bill identified in the Budget Bill as necessary to implement the Budget Bill, if the Budget Bill qualifies to be exempted from the 2/3-vote provisions and the change in state tax, when combined with all other changes in state taxes contained in budget implementation bills for that Budget Bill, does not exceed the difference between the total amount of General Fund appropriations made in the Budget Bill, when combined with all appropriations from the statutes enacted as of the date of the Budget Bill's passage, and the maximum General Fund appropriation amount discussed above. (2) The California Constitution provides that a statute takes effect immediately upon enactment if the statute calls for an election, provides for a tax levy, makes an appropriation for the usual and current expenses of the state, or is an urgency statute. The California Constitution exempts these statutes from the power of referendum, which is the power of the electors to approve or reject statutes or parts of statutes. This measure would add, to those 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 necessary to implement the Budget Bill. 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.  For purposes of this section, Section 9 of Article II, 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 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   a  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   Except as provided in paragraph (2), 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.  (2) If, as determined by the Director of Finance, the total amount of General Fund appropriations made in a budget bill for a fiscal year, when combined with all appropriations from the General Fund for that fiscal year made by statutes enacted as of the date of the budget bill's passage, does not exceed the lesser of the state appropriations limit for that fiscal year calculated pursuant to Section 1 of Article XIII B, or 1.05 times the total amount of General Fund appropriations made by statutes enacted as of that date for the immediately preceding fiscal year, then appropriations from the General Fund made by the budget bill are not subject to the two-thirds vote requirement of paragraph (1). For purposes of this section, Section 8, Section 9 of Article II, and Section 3 of Article XIII A, 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   a  subsequent fiscal year, the Legislature  may   shall  not send to the Governor for consideration, nor  may   shall  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 in 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  to that state tax,  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) If it is determined by the Director of Finance that a budget bill enacted for a fiscal year satisfies the condition set forth in paragraph (2) of subdivision (d) of Section 12 of Article IV, a change in a state tax to generate revenue for the General Fund is not subject to the two-thirds vote requirement of subdivision (a) if that change in state tax is contained in a budget implementation bill for that budget bill and the Director of Finance determines that the total amount of General Fund revenue estimated to result for that fiscal year from that change in state tax, when combined with the total amount of General Fund revenue estimated to result for that fiscal year from all other changes in state taxes contained in all other budget implementation bills for that budget bill, would not exceed the difference between (1) the total amount of General Fund appropriations made in the budget bill for that fiscal year, combined with all other General Fund appropriations for that fiscal year from statutes enacted as of the date of the budget bill's passage, and (2) the maximum appropriation amount identified for that fiscal year under paragraph (2) of subdivision (d) of Section 12 of Article IV.