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SCA-10 Legislative procedure.(2015-2016)

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SCA10:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Senate Constitutional Amendment No. 10


Introduced by Senator Huff
(Principal coauthors: Senators Anderson, Bates, Berryhill, Fuller, Gaines, Moorlach, Morrell, Nguyen, Nielsen, Runner, Stone, and Vidak)

September 11, 2015


A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Sections 8 and 12 of Article IV thereof, relating to the Legislature.


LEGISLATIVE COUNSEL'S DIGEST


SCA 10, as introduced, Huff. Legislative procedure.
The California Constitution prohibits a committee or either house of the Legislature from hearing or acting upon a bill until 31 days after it has been introduced, unless the house dispenses with this requirement by a rollcall vote with ¾ of the membership concurring. The California Constitution also prohibits either house from passing a bill until the bill with amendments has been printed and distributed to the Members of the Legislature.
This measure would authorize a committee to hear or act upon a bill before 31 days have passed following the bill’s introduction if the bill, in the form to be considered by the committee, has been in print and published on the Internet for at least 15 days. This measure would also prohibit either house of the Legislature from passing a bill until it has been made available to the public, in print and on the Internet, for at least 72 hours before a vote on the measure, except for certain bills that address a state of emergency declared by the Governor.
The California Constitution provides that the Budget Bill and other bills providing for appropriations related to the Budget Bill may be passed by a majority vote in each house of the Legislature and shall take immediate effect upon being signed by the Governor. The California Constitution defines “other bills providing for appropriations related to the budget bill” to mean bills identified as related to the budget in the Budget Bill passed by the Legislature. The California Constitution requires that the Legislature pass the Budget Bill by midnight on June 15 of each year. If the Budget Bill is not passed by the deadline, the California Constitution prohibits an appropriation from the current budget or future budget to pay any salary or reimbursement for travel or living expenses for Members of the Legislature during any regular or special session for the period from midnight on June 15 until the day that the Budget Bill is presented to the Governor.
This measure would require that the Budget Bill be enacted by midnight on June 15. The measure would require that other bills that provide for appropriations relating to the Budget Bill be necessary to implement the budget. The measure would provide that a Budget Bill or other bill providing for appropriations relating to the Budget Bill that is passed in each house by a majority vote shall not take effect if it is not enacted by midnight on June 15, thereby requiring a Budget Bill or other bill providing for appropriations relating to the Budget Bill that is enacted after midnight on June 15 to be passed by a 2/3 vote. The measure would prohibit an appropriation to pay any salary or reimbursement for travel or living expenses for Members of the Legislature and the Governor from midnight on June 15 until the Budget Bill and all other bills providing for appropriations related to the Budget Bill are enacted.
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 2015–16 Regular Session commencing on the first day of December 2014, 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—

 This measure shall be known, and may be cited, as the “Budget Accountability and Transparency Act of 2015.”

Second—

 The people of the State of California find and declare all of the following:
(a) In 2010, the voters adopted Proposition 25, which requires Members of the state Legislature to forfeit their pay in years in which they fail to pass a budget by the state constitutional deadline.
(b) Since the enactment of Proposition 25, half of the budgets passed by the Legislature by the June 15th deadline were not signed into law by the Governor, and the budgets continued to be debated even after the beginning of the fiscal year.
(c) Since the enactment of Proposition 25, dozens of budget trailer bills have been drafted in secrecy, have included only token $1,000 appropriations to satisfy Proposition 25’s technical requirements, and have been enacted quickly with little, if any, public notice.
(d) Since the enactment of Proposition 25, budget trailer bills have been enacted after the beginning of the fiscal year and as late as three months after the constitutional deadline.
(e) Transparency and public disclosure in the legislative process are vital to a representative democracy, and the purpose of public hearings is to allow Members of the Legislature to respectfully hear from the public and to provide citizens the opportunity to comment on proposed changes to state law.
(f) In order to give both the Legislature and the Governor an incentive to enact the annual state budget and budget trailer bills on time, legislators and the Governor should not be paid or reimbursed for living expenses if they fail to enact the budget on time. This measure would require legislators and the Governor to permanently forfeit their salaries and expenses for each day the budget and budget trailer bills are late.
(g) Requiring all bills to be in print and published on the Internet at least 72 hours before being voted on by the Legislature will ensure that the public has the opportunity to comment on the proposed changes in law.

Third—

 It is the intent of the people of the State of California that this measure do all of the following:
(a) End budget delays and ensure that the annual budget bill and budget trailer bills are signed into law by the beginning of the fiscal year by requiring legislators and the Governor to forfeit their pay for each day after June 15 that the budget and budget trailer bills are not enacted.
(b) Leave Proposition 13’s property tax limitations intact and not change the two-thirds vote requirement for the Legislature to raise taxes.
(c) Require the Legislature to provide adequate notice before public hearings or votes on legislative measures so that citizens are able to participate in the legislative process in a meaningful way.

Fourth—

 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 a 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. introduced, except in either of the following circumstances:
(1) A committee or either house may hear or act on a bill if the house dispenses with this requirement by rollcall vote entered in the journal, three-fourths of the membership concurring.
(2) A committee may hear or act on a bill if the bill, in the form to be considered by the committee, has been in print and published on the Internet for at least 15 days.
(b) (1) 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 a 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.
(2) (A) No bill may be passed in either house until the bill, in the form to be voted on, has been made available to the public, in print and published on the Internet, for at least 72 hours before the vote.
(B) This paragraph does not apply to a bill that contains an urgency clause if the Governor submits to the Legislature a written statement, for that bill, that dispensing with the requirements of subparagraph (A) is necessary to address a state of emergency declared by the Governor. “Emergency,” for purposes of this subparagraph, has the same meaning as in paragraph (2) of subdivision (c) of Section 3 of Article XIII B and does not include a fiscal emergency declared pursuant to Section 10 of this article.
(c) (1) Except as provided in paragraphs (2) and (3) of this subdivision, (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 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 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.

Fifth—

 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 shall be enacted 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 and appropriations in the budget bill and in other bills providing for appropriations related to the budget bill, are void unless passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring.
(e) (1) (A) Notwithstanding any other provision of law or of this Constitution, except as provided in subparagraph (B), the budget bill and other bills providing for appropriations related to the budget bill may be passed in each house by rollcall vote entered in the journal, a majority of the membership concurring, to take effect immediately upon being signed by the Governor, or upon a date specified in the legislation.
(B) A budget bill or other bill providing for appropriations related to the budget bill that is passed in each house by a majority vote pursuant to this subdivision shall not take effect if it is not enacted by midnight on June 15.
(C) Nothing in this subdivision shall affect the vote requirement for appropriations for the public schools contained in subdivision (d) of this section and in subdivision (b) of Section 8 of this article. 8.
(2) For purposes of this section, “other bills providing for appropriations related to the budget bill” shall consist only of means bills identified as related to the budget in the budget bill passed by the Legislature. Legislature and that are necessary to implement the budget.
(f) The Legislature may control the submission, approval, and enforcement of budgets and the filing of claims for all state agencies.
(g) For the 2004–05 fiscal year, or any subsequent fiscal year, the The Legislature may shall not send to the Governor for consideration, nor may and the Governor shall not 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.
(h) Notwithstanding any other provision of law or of this Constitution, including subdivision (c) of this section, Section 4 of this article, and Sections 4 and 8 of Article III, in any year in which the budget bill is not passed by the Legislature and all other bills providing for appropriations related to the budget bill are not enacted by midnight on June 15, there shall be no appropriation from the current budget or future budget to pay any salary or reimbursement for travel or living expenses for Members of the Legislature or the Governor during any regular or special session for the period from midnight on June 15 until the day that the budget bill is presented to the Governor. and all other bills providing for appropriations related to the budget bill are enacted. No salary or reimbursement for travel or living expenses forfeited pursuant to this subdivision shall be paid retroactively.

Sixth—

 Severability.
If any of the provisions of this measure or the applicability of any provision of this measure to any person or circumstance is found to be unconstitutional or otherwise invalid, the finding shall not affect the remaining provisions or applications of this measure to other persons or circumstances, and to that extent the provision of this measure are deemed to be severable.