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SCA-7 Legislature: compensation. (2009-2010)

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SCA7:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Senate Constitutional Amendment
No. 7

Introduced  by  Senator Maldonado

January 15, 2009

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


SCA 7, as introduced, Maldonado. Legislature: compensation.
Existing provisions of the California Constitution require the Legislature to pass a Budget Bill by June 15 of each year. Existing provisions of the California Constitution also provide that the salaries of elected officials, including Members of the Legislature, may not be reduced during the term of office.
This measure instead would provide that, if a Budget Bill is not passed by June 15, Members of the Legislature may not be paid any salary or per diem for the period from June 16 to the date a Budget Bill is passed and sent to the Governor.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   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:

 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 the 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 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.
(g) Notwithstanding Sections 4 and 8 of Article III and subdivision (b) of Section 4 of this article, in any year in which the budget bill is not passed by midnight on June 15, each Member of the Legislature shall forfeit his or her salary and any payment of travel and living expenses to which the Member would otherwise be entitled for the period from June 16 until the date the budget bill is passed and sent to the Governor. Salary and payment of expenses forfeited pursuant to this subdivision shall not be paid retroactively. For purposes of this subdivision, “budget bill” means a bill that makes appropriations for the support of the government of the State for the entire ensuing fiscal year.