California 2009-2010 Regular Session Status: Passed Assembly

ACA 4 — 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, and by amending Section 20 of, and adding Section 21 to, Article XVI thereof, relating to state finance.

Last action — Chaptered by Secretary of State - Res. Chapter 174, Statutes of 2010.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing provisions of the California Constitution require the Governor to submit to the Legislature, within the first 10 days of each calendar year, a proposed budget for the ensuing fiscal year containing itemized statements for recommended state expenditures and estimated state revenues. In addition, the Constitution prohibits the Legislature from passing, and the Governor from signing, a Budget Bill that would appropriate from the General Fund 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 a reserve account, exceeds estimated General Fund revenues for that fiscal year. The estimate of General Fund revenues is required to be set forth in the Budget Bill. This measure would require the Governor, in his or her proposed budget, to identify estimated total state resources available to meet recommended state expenditures and, further, to identify the amount of those resources that are anticipated to be one-time resources. The measure would prohibit passage of a Budget Bill that appropriates an amount that, when combined with prior appropriations and transfers to the reserve account, exceeds the estimate of General Fund revenues, transfers, and balances available from the prior fiscal year. The measure would require the estimate of General Fund revenues, transfers, and balances to be set forth in the Budget Bill. Existing provisions of the California Constitution establish the Budget Stabilization Account in the General Fund and currently require the Controller, no later than September 30 of each year, to transfer from the General Fund to the account a sum equal to 3% of the estimated amount of General Fund revenues for the current fiscal year. This transfer of moneys is not required, unless otherwise directed by the Legislature by statute, in any fiscal year to the extent that the resulting balance in the account would exceed 5% of the General Fund revenues estimate set forth in the Budget Bill for that fiscal year, as enacted, or $8,000,000,000, whichever is greater. This transfer of moneys also may be suspended or reduced for a fiscal year as specified by an Executive order issued by the Governor no later than June 1 of the preceding fiscal year. Of the moneys transferred to the account in each fiscal year, 50%, up to an aggregate amount of $5,000,000,000 for all fiscal years, is deposited in the Deficit Recovery Bond Retirement Sinking Fund Subaccount and continuously appropriated to the Treasurer for the purpose of retiring state deficit recovery bonds. All other moneys transferred to the account in a fiscal year are not deposited in the sinking fund subaccount and may, by statute, be transferred back to the General Fund. This measure would rename this account the Budget Stabilization Fund. This measure would also provide that the transfer of moneys from the General Fund to the Budget Stabilization Fund is not required in any fiscal year to the extent that the resulting balance in the fund would exceed 10% of the General Fund revenues estimate set forth in the Budget Bill for that fiscal year, as enacted, and would delete the alternative $8,000,000,000 limit on the fund. This measure would provide that, apart from a transfer made for the purpose of responding to an emergency declared by the Governor, as defined, or a loan to meet General Fund cash requirements which would be repaid within a fiscal year, the total amount that may be transferred from the Budget Stabilization Fund to the General Fund for any fiscal year shall not exceed the lesser of the shortfall amount for the current fiscal year, as defined, or 50% of the balance of the Budget Stabilization Fund, depending upon specified criteria. In addition, this measure would create in the General Fund the Supplemental Budget Stabilization Account and would direct the Controller to transfer, on October 1 of each year beginning in 2013, from the Budget Stabilization Fund to the Supplemental Budget Stabilization Account a sum equal to 1.5% of the estimated amount of General Fund revenues for the current fiscal year, except that this transfer would not be made in a fiscal year for which the Governor issues an Executive order to suspend or reduce the transfer of moneys from the General Fund to the Budget Stabilization Fund. The measure would permit appropriations to be made from the Supplemental Budget Stabilization Account only for capital outlay purposes or to retire bonded indebtedness of the state. This measure would require the Director of Finance, on or before May 29 of each year beginning in 2014, to report to the Legislature and the Governor (1) an estimate of the amount of General Fund revenues, transfers, and balances available from the prior fiscal year for the current fiscal year, (2) the revenue forecast amount, as defined, for the current fiscal year, and (3) an estimate of specified General Fund obligations for the public schools. The measure would provide that if, pursuant to a formula based on those figures, there are unanticipated revenues in the current fiscal year, beginning in the 2013–14 fiscal year, those revenues may be used only for specified purposes, and in a specified order of priority.

Bill Text

Action History

  1. Chaptered by Secretary of State - Res. Chapter 174, Statutes of 2010.

  2. Enrolled and filed with the Secretary of State at 3:50 p.m.

  3. (Corrected October 12.)

  4. In Assembly. To enrollment.

  5. Adopted and to Assembly. (Ayes 29. Noes 7. Page 5251.)

  6. Read third time.

  7. Read second time. To third reading.

  8. Art. IV, Sec. 8(b) of the Constitution suspended. (Ayes 36. Noes 0. Page 5243.)

  9. Read first time.

  10. In Senate.

  11. Read third time, adopted, and to Senate. (Ayes 65. Noes 8. Page 7117.)

  12. Read third time, amended, and returned to third reading. (Page 7117.).

  13. Withdrawn from committee. Ordered placed on third reading file.

  14. Assembly Rule 96(b) suspended. (Page 7117.)

  15. In committee: Hearing postponed by committee.

  16. Re-referred to Com. on BUDGET.

  17. (Corrected May 24.)

  18. From committee chair, with author's amendments: Amend, and re-refer to Com. on BUDGET. Read second time and amended.

  19. In committee: Hearing for testimony only.

  20. In committee: Hearing postponed by committee.

  21. In committee: Set, first hearing. Further hearing to be set.

  22. Re-referred to Com. on BUDGET.

  23. From committee chair, with author's amendments: Amend, and re-refer to Com. on BUDGET. Read second time and amended.

  24. From committee: Be re-referred to Com. on BUDGET. Re-referred. (Ayes 7. Noes 4.) (March 22).

  25. Re-referred to Com. on RULES by unanimous consent.

  26. Re-referred to Com. on APPR.

  27. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  28. Referred to Com. on APPR.

  29. Read first time.

  30. From printer. May be heard in committee January 3.

  31. Introduced. To print.

Sponsors

  • Ashburn · Cosponsor
  • Gatto · Primary
  • Niello · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 2 voted No

Sponsors (1)

  • Gatto

Co-sponsors (2)

  • Ashburn
  • Niello

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

W/O REF. TO FILE ACA4 Gatto and Niello

Passed 30 Yea · 7 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 28603
Republican 1000
Democratic 1100
Total 30703
% of votes cast 75%18%0%8%
How each member voted (40)
Member Party Vote
Cedillo — Yea
Yee — Nay
Cogdill — Yea
Florez — Yea
Hancock — Nay
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hollingsworth — Yea
Kehoe — Yea
Leno — Nay
Corbett — Nay
Ducheny — Yea
McLeod — Yea
Pavley — Yea
Romero — Yea
Dutton — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Not Voting
Alquist — Yea
Ashburn — Yea
Blakeslee — Yea
Harman — Yea
Huff — Yea
Liu — Yea
Oropeza — Not Voting
Price — Yea
Wyland — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Nay
Denham — Nay
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

ACA4 GATTO Assembly Third Reading

Passed 75 Yea · 8 Nay · 7 Other
Party YeaNayPresentNot Voting
Democratic 2100
Unaffiliated 70707
Republican 3000
Total 75807
% of votes cast 83%9%0%8%
How each member voted (90)
Member Party Vote
Bill — Yea
Charles — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Furutani — Nay
De — Yea
La — Yea
Torre — Yea
Garrick — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Tom — Not Voting
Gilmore — Yea
De — Not Voting
Leon — Not Voting
Portantino — Not Voting
Carter — Yea
Conway — Yea
Cook — Yea
Hagman — Yea
Hall — Yea
Hayashi — Nay
Hernandez — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Lieu — Nay
Mendoza — Nay
Miller — Yea
Monning — Yea
Nava — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Nay
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Bass — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Not Voting
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Nay
Swanson — Nay
Torrico — Yea
Chesbro — Yea
Coto — Yea
Eng — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Not Voting
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

taxation finance
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Frequently asked questions

What does ACA 4 do?
Existing provisions of the California Constitution require the Governor to submit to the Legislature, within the first 10 days of each calendar year, a proposed budget for the ensuing fiscal year containing itemized statements for recommended state expenditures and estimated state revenues. In addition, the Constitution prohibits the Legislature from passing, and the Governor from signing, a Budget Bill that would appropriate from the General Fund 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 a reserve account, exceeds estimated General Fund revenues for that fiscal year. The estimate of General Fund revenues is required to be set forth in the Budget Bill. This measure would require the Governor, in his or her proposed budget, to identify estimated total state resources available to meet recommended state expenditures and, further, to identify the amount of those resources that are anticipated to be one-time resources. The measure would prohibit passage of a Budget Bill that appropriates an amount that, when combined with prior appropriations and transfers to the reserve account, exceeds the estimate of General Fund revenues, transfers, and balances available from the prior fiscal year. The measure would require the estimate of General Fund revenues, transfers, and balances to be set forth in the Budget Bill. Existing provisions of the California Constitution establish the Budget Stabilization Account in the General Fund and currently require the Controller, no later than September 30 of each year, to transfer from the General Fund to the account a sum equal to 3% of the estimated amount of General Fund revenues for the current fiscal year. This transfer of moneys is not required, unless otherwise directed by the Legislature by statute, in any fiscal year to the extent that the resulting balance in the account would exceed 5% of the General Fund revenues estimate set forth in the Budget Bill for that fiscal year, as enacted, or $8,000,000,000, whichever is greater. This transfer of moneys also may be suspended or reduced for a fiscal year as specified by an Executive order issued by the Governor no later than June 1 of the preceding fiscal year. Of the moneys transferred to the account in each fiscal year, 50%, up to an aggregate amount of $5,000,000,000 for all fiscal years, is deposited in the Deficit Recovery Bond Retirement Sinking Fund Subaccount and continuously appropriated to the Treasurer for the purpose of retiring state deficit recovery bonds. All other moneys transferred to the account in a fiscal year are not deposited in the sinking fund subaccount and may, by statute, be transferred back to the General Fund. This measure would rename this account the Budget Stabilization Fund. This measure would also provide that the transfer of moneys from the General Fund to the Budget Stabilization Fund is not required in any fiscal year to the extent that the resulting balance in the fund would exceed 10% of the General Fund revenues estimate set forth in the Budget Bill for that fiscal year, as enacted, and would delete the alternative $8,000,000,000 limit on the fund. This measure would provide that, apart from a transfer made for the purpose of responding to an emergency declared by the Governor, as defined, or a loan to meet General Fund cash requirements which would be repaid within a fiscal year, the total amount that may be transferred from the Budget Stabilization Fund to the General Fund for any fiscal year shall not exceed the lesser of the shortfall amount for the current fiscal year, as defined, or 50% of the balance of the Budget Stabilization Fund, depending upon specified criteria. In addition, this measure would create in the General Fund the Supplemental Budget Stabilization Account and would direct the Controller to transfer, on October 1 of each year beginning in 2013, from the Budget Stabilization Fund to the Supplemental Budget Stabilization Account a sum equal to 1.5% of the estimated amount of General Fund revenues for the current fiscal year, except that this transfer would not be made in a fiscal year for which the Governor issues an Executive order to suspend or reduce the transfer of moneys from the General Fund to the Budget Stabilization Fund. The measure would permit appropriations to be made from the Supplemental Budget Stabilization Account only for capital outlay purposes or to retire bonded indebtedness of the state. This measure would require the Director of Finance, on or before May 29 of each year beginning in 2014, to report to the Legislature and the Governor (1) an estimate of the amount of General Fund revenues, transfers, and balances available from the prior fiscal year for the current fiscal year, (2) the revenue forecast amount, as defined, for the current fiscal year, and (3) an estimate of specified General Fund obligations for the public schools. The measure would provide that if, pursuant to a formula based on those figures, there are unanticipated revenues in the current fiscal year, beginning in the 2013–14 fiscal year, those revenues may be used only for specified purposes, and in a specified order of priority.
Who sponsors ACA 4?
ACA 4 is sponsored by Ashburn, Gatto, and Niello.
What is the current status of ACA 4?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track ACA 4?
Track ACA 4 free on One Click Politics — get push/email alerts when it moves.

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