Legislators' Compensation. Reapportionment.
Initiative Constitutional Amendment.
Overview
This measure amends the California Constitution to change (1) the way in which boundaries of districts for the state Legislature (Assembly and Senate), State Board of Equalization (BOE), and U.S. House of Representatives from California are determined; and (2) the way in which the pay for state elected officials is determined.
Reapportionment
Background. The California Constitution requires the Legislature to adjust the boundary lines of the Assembly and Senate, U.S. House of Representatives, and BOE districts every ten years, following the federal census. This process is known as "reapportionment" or "redistricting." The primary purpose of reapportionment is to establish districts which are nearly equal in population.
Typically, reapportionment plans are included in legislation and become law after passage of the bill by the Legislature and signature by the Governor. In the past, when the Legislature and Governor have been unable to agree on reapportionment plans, the California Supreme Court has taken responsibility for reapportionment. For example, following the 1990 census, the Legislature and Governor were unable to agree on reapportionment plans, so the California Supreme Court developed the plans which have been used in all elections after November 1990.
Proposal. This measure amends the California Constitution to require the California Supreme Court, rather than the Legislature, to develop reapportionment plans. The measure requires the court to appoint a panel of "special masters," composed of retired federal and state judges who reflect the state's cultural and ethnic diversity, to hold public hearings on proposed reapportionment plans. The reapportionment plans adopted by the Supreme Court would then be placed on the ballot for consideration by the voters at the next regular statewide election.
Fiscal Effect. The measure would result in additional costs to the state for the California Supreme Court to develop the reapportionment plans every ten years. These costs could range from about $500,000 to at least several million dollars, depending on a number of factors including the costs to the Supreme Court for census data analysis.
In addition, because the measure requires the voters to consider the plans at the next election, it could result in costs to the state and counties to place the plans on the ballot. The costs to the state would probably be in the range of about $2 million, primarily because of the expense of including the plans in the statewide voter pamphlet. The costs to the counties generally would be minor.
Compensation for the Legislature
Background. Currently, the California Citizens Compensation Commission sets the annual salaries and benefits for members of the Legislature, as well as the Governor, Lieutenant Governor, Attorney General, Controller, Insurance Commissioner, Secretary of State, Superintendent of Public Instruction, Treasurer, and members of the BOE. The commission is made up of seven members appointed by the Governor.
Effective December 1, 1999, the commission set the annual salary for members of the Legislature at $99,000 each. It set the salaries of the President Pro Tempore of the Senate and the Speaker of the Assembly at $113,850 each and the majority and minority leaders of the Senate and Assembly at $106,425 each.
Members of the Legislature are reimbursed for travel and living expenses they incur in connection with their official duties. Current law sets the rates for payment of living expenses at an amount not less than the rate paid to federal government employees who travel on business to Sacramento. The rate is currently $121 per day.
Proposal. This measure amends the Constitution to set the salaries of Members of the Legislature at $75,000 annually. Salaries of other state officials (such as the Governor, Attorney General, and Secretary of State) established by the California Citizens Compensation Commission would not change.
The measure provides that in the future, the commission may only recommend adjustments to the salaries and benefits of Members of the Legislature and other state officials. Before the adjustments can take effect, they must be approved by the Legislature, the Governor, and the voters.
The measure also sets travel and living expense payments of Members of the Legislature at $75 per day, and limits the number of days of reimbursement to no more than 120 days per member, per year. This amount could only be increased when approved by the Legislature, Governor, and the voters.
Finally, the measure provides that if the Legislature does not pass the annual state budget by June 15 (the deadline set in the State Constitution), legislators would forfeit their salary and travel and living expense reimbursements from June 15 until the day that the budget is sent to the Governor. Any forfeited salary and expense reimbursements could be recovered only by a law approved by the Legislature, Governor, and voters.
Fiscal Effect
The effect of this measure is to reduce the salary and living expense payments of legislators. It would reduce total compensation costs by several million dollars annually (probably in the range of about $5 million). The salary forfeiture provisions also could reduce costs by an unknown, but probably minor, amount in any year in which the budget is not passed by June 15. Currently, expenditures for support of the Legislature are limited by the State Constitution. This measure does not change those limits. Thus, to the extent the measure reduces compensation costs, these funds would be available for other legislative purposes.
To the extent that future salary adjustments for the Legislature and other state officials are approved by the commission, the Legislature and the Governor, there could be additional costs to the state and counties to place the proposals on the ballot. The magnitude of these costs is unknown, but probably not significant.