Senate Bill 1102 (Senate Committee on Budget and Fiscal Review – 2004)
Chapter 227, Statutes of 2004 - SB 1102
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Senate Bill 1102, the Omnibus General Government Budget Trailer Bill of 2004 was introduced as a spot bill on January 12, 2004 by the Senate Committee on Budget and Fiscal Review. (See Exhibit #1a) “Spot Bills” are basically “bookmarks” for a later incorporation of a lengthier legislative proposal once its terms are finalized. It assures that legislative time frames for the introduction and consideration of bills are timely met.
The Governor’s budget is usually the result of a process that began more than one year before the budget becomes law. When presented to the Legislature on January 10th of each year, the Governor’s Budget incorporates revenue and expenditure estimates based upon the most current information available through late December. In the event that the Governor wants to change the budget presented to the Legislature, including adjustments resulting from changes in population, caseload or enrollment estimates, the Department of Finance proposes adjustments to the Legislature during the budget hearings through Finance Letters. During late spring, usually May and June, the Department of Finance submits revised expenditure and revenue estimates for both the current and budget years to the Legislature. This update process is referred to as the “May Revision.” (See, for example, Exhibit #11) The Department of Finance provides a further update on revenues and expenditures to the Legislature during August. As you can see, budget trailer bills are voluminous. (See Exhibits #1a through #1d)
Senate Bill 1102 was assigned to the Senate Committee on Budget and Fiscal Review where policy issues raised by the bill were considered. (See Exhibit #4) Two amendments were made to Senate Bill 1102. (See Exhibits #1b, #1c, and #2) However, prior to the last amendment which was dated July 27, 2004 the bill was a spot bill as discussed above. (Id.) Subsequent to legislative approval, Governor Arnold Schwarzenegger signed Senate Bill 1102 on August 16, 2004, and it was recorded by the Secretary of State on that day as Chapter 227 of the Statutes of 2004. (See Exhibits #1d and #2)
Senate Bill 1102 contained an urgency clause which caused the bill to go into immediate effect. The reason for this urgency can be found in section 113 of Chapter 227. (See Exhibit #1d, page 125)
The Unfinished Business analysis prepared by the Office of Senate Floor Analyses provides the following digest of Senate Bill 1102:
DIGEST: Assembly Amendments delete the Senate version, which expressed the intent of the Legislature to enact statutory changes relating to the 2004-05 Budget Act.
This bill now provides the necessary statutory changes in the area of general government in order to enact the 2004 Budget Act.
(See Exhibit #5b, page 1)