February 18, 2009
		Pursuant to Elections Code Section 9005, we have 
		reviewed the proposed constitutional amendment related to the enactment 
		of the state budget (A.G. File No. 09‑0001, Amdt. #1-NS).
		Background
		Process for Passing a Budget. The 
		Constitution vests the Legislature with the sole power to appropriate 
		funds (and make midyear adjustments to appropriations). 
		The annual state budget is the Legislature's primary method of 
		authorizing expenses for a particular year. Specifically, the 
		Constitution requires that (1) the Governor propose a budget by January 
		10 for the next fiscal year (beginning July 1) and (2) the Legislature 
		pass a budget by June 15. The Governor may then either sign or veto the 
		budget bill. The Governor may also reduce certain individual 
		appropriations in the budget before signing the measure.
		Late Budgets. When a fiscal year 
		begins without a state budget, most expenses do not have authorization 
		to continue. Over time, however, a number of court decisions and legal 
		interpretations of the Constitution have expanded the types of payments 
		that may continue to be made when a state budget has not been passed. 
		Consequently, when there is not a state budget, payments now continue 
		for: (1) state employees (payments are made at the prior fiscal year's 
		wage level and do not include pay for state legislators or the 
		Governor); (2) debt service; and (3) various programs authorized by the 
		Constitution, federal law, or voter-approved initiatives. Any payments 
		which are withheld are paid upon passage of the budget.
		Proposal
		Withholds Salaries of the Governor and 
		Legislature. The measure requires that 25 percent of the 
		Governor's pay and 25 percent of the Legislature's pay be withheld at 
		the beginning of each fiscal year. Those funds would be paid upon 
		completion of the next fiscal year's budget approval process.
		Terminates the Governor's and Legislators' 
		Terms. The measure requires that all legislators' and the 
		Governor's terms in office be terminated if: (1) by midnight June 15, a 
		California State budget bill fails to pass the Legislature, or (2) by 
		midnight June 30, the budget approval process is not completed.
		If Terminated, Prohibits Governor and 
		Legislators From Holding State Offices for Two Years. The 
		measure prohibits the Governor and the members of the Legislature who 
		were removed from office due to a late budget from holding any state 
		elected or appointed position for a period of two years starting from 
		the date they are terminated from office.
		Late Budgets. The measure requires 
		that when the budget process is not completed by June 30th, the most 
		recently enacted budget would stay in effect. The level of expenditures 
		would be modified proportionate to projected revenues of the new fiscal 
		year.
		Fiscal Effect
		Costs for State and Local Elections. 
		The measure would have an impact on state and local election-related 
		costs if passage of the budget is delayed in any year. State and local 
		governments would incur increased costs—potentially over $100 million 
		for each such year—to hold elections to replace the terminated 
		officials. Costs would depend on the timing and number of runoff 
		elections required to elect new officials.
		Governor and Legislative Salaries. 
		The initiative could potentially reduce state expenditures for the 
		salaries of the Governor and the Legislature in years when passage of 
		the budget is delayed beyond June 15. This is because these elected 
		officials would be terminated and payments of salaries would stop for a 
		period of time until new officials were elected. This reduction in costs 
		would likely be in the low millions of dollars. In addition, while the 
		measure's requirement to withhold a portion of legislators' and the 
		Governor's salaries would not have an annual fiscal impact, it could 
		affect who chooses to run for these offices since payment of a portion 
		of their annual salary might be delayed for up to a year.
		Risk of Termination. The risk of 
		termination from office could potentially increase the likelihood that a 
		budget will be passed "on time." In some years, this could affect the 
		content of the budget and related appropriations. For instance, spending 
		priorities in a given budget could be different. The extent of the 
		impacts would depend on a number of factors—including the state's 
		financial circumstances, the composition of the Legislature, and its 
		future actions.
		State Spending. The proposal could 
		have an impact on state spending if passage of the budget is delayed. 
		During the delay, spending based on the prior-year's budget would 
		continue, as adjusted for changes in revenues. This would likely 
		increase spending during a budget impasse (since all expenses would have 
		the authorization to be paid). The effect on total spending for the 
		fiscal year, however, is unknown and would depend on a variety of 
		factors such as the length of the impasse, year-to-year revenue changes, 
		and the Legislature's future actions.
		Fiscal Summary. This measure would 
		have the following direct fiscal effects on state and local governments:
		
			- 
			Increase in state and local election costs in 
			any year in which the Governor and all 120 members of the 
			Legislature are terminated when the budget process is not completed 
			on time. These costs could potentially exceed $100 million in any 
			such year. 
- 
			Unknown state fiscal impacts from changes in 
			the content of the annual budget as a result of the measure's 
			provisions related to a late budget. 
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