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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 XIXA thereof, relating to legislative sessions.
(1) The California Constitution requires the Legislature to convene in regular biennial session at noon on the first Monday in December of each evenâ€‘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 oddâ€‘numbered years be budget sessions, and sessions held in evenâ€‘numbered years be general sessions. The measure would require the Legislature in the budget session to adopt Budget Bills for each of the 2 subsequent fiscal years. The measure would prohibit the Legislature, during a budget session, from considering legislation other than the Budget Bills and related revenue bills, except bills addressing a declared state of emergency or urgency statutes. Urgency statutes would require a 34 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, 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 oddâ€‘numbered calendar year, commencing in 2011, that the Governor submit to the Legislature 2 proposed budgets for the 2 subsequent fiscal years, respectively.
The measure would provide, commencing with the 2011â€“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, relative to the adoption or modification of Budget Bill matters within the subject area of the standing policy committee. The measure would, after each 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 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 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 for the subsequent fiscal year, or July 31 of that subsequent fiscal year, whichever is later.
Bill Sponsors (2)
No votes to display
Dec 18, 2008
From committee without further action.
Dec 17, 2008
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on RLS.