Legislative Funds and Administration

Article 6 deals with legislative funds and administration. Section 9126 provides that all appropriations for contingent expenses of the Senate and legislative committees, including appropriations previously made which have not reverted to the General Fund, are to be deposited in and credited to the Senate Contingent Fund, which fund is created in the State Treasury.

The money in the fund is to be available for the expenses of the Senate and legislative committees, and be disbursed by the direction of the Senate.

Section 9127 provides that all appropriations for contingent expenses of the Assembly and legislative committees and to be deposited in and credited to the Assembly Contingent Fund, which fund is created in the State Treasury. The money in the fund is disbursed by the Assembly Rules Committee.

Section 9128 requires any money appropriated for legislative printing to be disbursed pursuant to the direction of the Senate or Assembly as provided in the rules, orders, and resolutions of the Senate or Assembly or their joint rules and resolutions.

Section 9129 provides that appropriations deposited in and credited to the Senate Contingent Fund or the Assembly Contingent Fund are to be continuously available without regard to fiscal years.

Section 9130.5 states that, any claim against the Senate Contingent Fund or the Assembly Contingent Fund there may be a certification under penalty of perjury in lieu of an affidavit, and any individual who willfully makes and subscribes a certificate to a claim which he knows to be false as to any material matter is guilty of a felony.

Section 9131 requires on an annual basis a report by the three rules committees, that is made public, of all expenditures made from the operating fund subject to their direction and control. The reports are due to the public by November 30 of the year following that for which it is prepared. The reports also have to include a list of expenditures for each Member and committee of the Legislature in the twenty-two specified categories.

Section 9131.5 specifies that, when expenditures are made from the appropriate contingent fund at the direction of any of the rules committees for advances for travel expenses, or for advances for goods or services, or for advances for legislative printing, the person to whom advances were made is required to reconcile the amount of the advance with the amount of the actual expenditure and repay all moneys in excess of the amount expended within 30 days of the date of the expenditure.

Section 9132 provides that the Assembly Committee on Rules and Senate Committee on Rules, and the Joint Rules Committee, are required to annually provide to the Director of Finance an itemized statement of proposed expenditures from the Assembly Operating Fund, the Senate Operating Fund, and the Operating Funds of the Assembly and Senate for inclusion in the Governor’s Budget for the ensuing fiscal year. The itemized statement of proposed expenditures must include, but not be limited to, the 21 categories that are specified.

Section 9133 requires the Joint Rules Committee to annually contract for an independent audit of all funds and entities of the Legislature, including, but not limited to, the expenditures of the Assembly Operating Fund, the Senate Operating Fund, the Operating Funds of the Assembly and Senate, expenditures for legislative printing, and General Fund expenditures for reimbursement of Members of the Legislature. In addition, these audits are required to include an evaluation of 22 specified categories.

Section 9133.5 specifies that no funds from the Assembly Operating Fund, the Senate Operating Fund, the Operating Funds of the Assembly and Senate, or appropriations made for legislative printing, are allowed to be expended for purposes of purchasing goods for resale, except for goods manufactured by any other entity of state government.