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Home My WebLink AboutMINUTES - 04231996 - C39 e � YnA•' / p v- Y TO: BOARD OF SUPERVISORS Contra FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR e, 's Costa :�. County 9•,a. ;V Y9 DATE: April 17, 1996 SUBJECT: LEGISLATION: SCA 26 (THOMPSON) - SIMPLE MAJORITY VOTE TO APPROVE THE STATE BUDGET SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in SUPPORT of Senate Constitutional Amendment 26 (SCA 26) by Senator Mike Thompson, which would provide that appropriations in the Budget Bill would require only a simple majority for approval and that the statute enacting the Budget Bill would go into effect immediately upon signature by the Governor. BACKGROUND: Under current provisions of the State Constitution, appropriations from the General Fund, except appropriations for the schools, require a % majority vote approval to take effect. In addition, the Constitution provides that statutes providing for, among other things, appropriations for the usual current expenses of the State go into effect immediately. Senator Thompson has introduced SCA 26 which, as introduced, would do the following, ❑ Provide that statutes enacting Budget Bills would go into effect immediately. ❑ Exempt from the % majority vote requirement appropriations in the Budget Bill. Presumably appropriations in individual pieces of legislation other than the Budget Bill would still require a % vote for approval. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): _ Z/iTly y� ACTION OF BOARD ON APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED April 23, 1996 Contact: P TCHELOR,CLERK OF THE BOARD OF cc: S VISORS AND COUNTY ADMINI TRATOR See Page 2 B 6YL6 EPUTY • Senator Thompson wrote to Supervisor Smith asking for the Board of Supervisors' support of SCA 26 and Supervisor Smith asked that the Board agree to support SCA 26. Under the 2/3 vote requirement, the Budget Bill must receive 54 votes in the Assembly and 27 votes in the Senate. This means that as few as 27 members of the 80 member Assembly or 14 Senators of the 40 member Senate can block the clear will of the majority of the Legislature in enacting the State Budget. We have seen this happen repeatedly over the past several years, in one case dragging the State Budget process through the entire summer and forcing the State to issue warrants to pay its bills. There seems to be little justification for continuing the 2/3 majority vote requirement for the Budget Bill, particularly when the individual items in the budget are subject to multiple sub-committee hearings, full committee hearing and extensive debate on the floor of both houses of the Legislature, plus the right of the Governor to exercise his line-item vote. It is therefore recommended that the Board of Supervisors go on record in support of SCA 26 (Thompson). cc: County Administrator The Honorable Mike Thompson Senator, 2nd District Room 3056, State Capitol Sacramento, CA 95814 Les Spahnn; Heim, Noack, Kelly & Spahnn 1121 L Street, Suite 100 Sacramento, CA 95814 -2- STANDING COMMITTEES: SELECT COMMITTEE ON • 3 BUDGET AND FISCAL REVIEW,CHAIR / yw K CALIFORNIA'S WINE INDUSTRY.CHAIR NATURAL RESVICE CHAIR AND &Idarnia �t� jenatie FISHNT COMMITTEE ON ERIES AND AQUACULTURE.VICE CHAIR WILDLIFE,VICE CHAIR V� ` /� �i' AGRICULTURE AND r RURAL CAUCUS,CHAIR WATER RESOURCES GOVERNMENTAL ORGANIZATION SENATOR HEALTH AND HUMAN SERVICES MIKE THOMPSON REVENUE AND TAXATION TOXICS AND PUBLIC SAFETY / VETERANS AFFAIRS SECOND SENATORIAL DISTRICT 7 n April 3, 1996 Honorable Jeff Smith Supervisor, District 2 Contra Costa County Suite 120 18 Crow Canyon Court San Ramon, CA 94583 Dear Supervisor Smith: I am writing to request your support of my SCA 26, a constitutional amendment that would require only a simple majority vote of the Legislature to pass the state budget bill. Year after year a minority of Members of the Legislature hold hostage the majority of the Membership by withholding their votes on the state budget. While the Legislature is gridlocked over the budget, cities and counties are forced to make decisions about their own budgets for the coming fiscal year without knowing what level of funding is going to be provided them by the state. Additionally, they are left to deliver services without the necessary funding. The ongoing inability of the Legislature to pass a state budget by the constitutional deadline has also negatively impacted our state's bond rating significantly, costing the state up to $40 million annually. California cannot afford to continue to proceed in this manner. California is the only state to require a two-thirds budget vote under all circumstances. It is time for California to return to a simple majority vote budget bill. Sincerely, MIKE THOMPSON Senator, 2nd District MT:nc STATE CAPITOL 50 D STREET,SUITE 120A 317 3RD STREET,SUITE 6 1040 MAIN STREET,SUITE 101 SACRAMENTO,CA 95814 SANTA ROSA,CA 95404 EUREKA,CA 95501 NAPA,CA-94559 (916)445-3375 (707)576-2771 (707)445-6508 (707)224-1990 (916)323-6958 FAX (707)576-2773 FAX (707)445-6511 FAX (707)224-1992 FAX Printed on Recycled Paper Y Senate Constitutional Amendment No. 26 Introduced by Senator Thompson ' January 30, 1996 i s Senate Constitutional Amendment No. 26—A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending subdivision (c) of Section 8 and subdivision (d) of Section 12 of Article IV thereof, relating to the state budget. LEGISLATIVE COUNSEL'S DIGEST SCA-26, as introduced, M. Thompson. Budget bill:passage: vote requirement. ' Existing provisions of the California Constitution provide that 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. This measure would also provide that statutes enacting Budget Bills shall go into effect immediately upon their { 1 enactment. Existing provisions of the California Constitution provide that appropriations from the General Fund, except appropriations for the public schools, are void unless_passed in each house by rollcall vote entered in the journal, /3 of the membership concurring. This measure would additionally exempt appropriations in the Budget Bill from that 2/3 vote requirement. F Vote: 2/3. Appropriation: no. Fiscal committee: no. t State-mandated local program: no. 99 SCA 26 — 2 - 1 Resolved by the Senate, the Assembly concurring, That 2 the Legislature of the State of California at its 1995--96 3 Regular Session commencing on the fifth day of 4 December 1994, two-thirds of the membership of each 5 house concurring, hereby proposes to the people of the 6 State of California that the Constitution of the State be 7 amended as follows: 8 First—That subdivision (c) of Section 8 of Article IV is 9 amended to read: 10 (c) (1) Except as provided in paragraphs (2) and (3) 11 of this subdivision, a statute enacted at a regular session 12 shall go into effect on January 1 next following a 90-day 13 period from the date of enactment of the statute and a 14 statute enacted at a special session shall go into effect on 15 the 91st day after adjournment of the special session at 16 which the bill was passed. 17 (2) A statute, other than a statute establishing or 18 changing boundaries of any legislative, congressional, or 19 other election district, enacted by a bill passed by the 20 Legislature on or before the date the Legislature adjourns 21 for a joint recess.to reconvene in the second calendar year 22 of the biennium of the legislative session, and in the 23 possession of the Governor after that date, shall go into 24 effect on January 1 next following the enactment date of 25 the statute unless, before January 1, a copy of a 26 referendum petition affecting the statute is submitted to 27 the Attorney General pursuant to subdivision (d) of 28 Section 10 of Article II, in which event the statute shall go 29 into effect on the 91st day after the enactment date unless "'i" 30 the petition has been presented to the Secretary of State 31 pursuant to subdivision (b) of Section 9 of Article II. 32 (3) Statutes calling elections, statutes providing for tax 33 levies or:appropriations for the usual current expenses of 34 the State, statutes enacting budget bills, and urgency 35. statutes shall go into effect immediately upon their 36 enactment. 37 Second--That subdivision (d) of Section 12 of Article 38 IV is amended to read: 39 (d) No bill except the budget bill may contain more 40 than one item of appropriation, and that for one certain, 99 � 39 — 3 — SCA 26 chat 1 expressed purpose. Appropriations from the General 5=96 2 Fund of the State, except appropriations in the budget bill ` of 3 or for the public schools, are void unless passed in each each 4 house by rollcall vote entered in the journal, two thirds the 5 two-thirds of the membership concurring. e be IV is 1 (3) >sion 7-day nd a A on )n at g or 11, or the ►urns year the into tte of of a ed to 1) of all go unless State J. 3r tax ses of ' ;ency their rticle more rtain, O 99 99