November 23, 2009
		Pursuant to Elections Code 9005, we have reviewed 
		the proposed constitutional amendment related to the passage of the 
		state budget (A.G. File No. 09‑0057).
		Background
		Process for Passing a Budget. The 
		State Constitution vests the Legislature with the power to appropriate 
		state funds (and make midyear adjustments to those appropriations). The 
		annual state budget act 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 the annual budget act by June 15. The Governor 
		may then either sign the budget or veto all or part of it. By a 
		two-thirds (67 percent) vote in each house of the Legislature, a 
		gubernatorial veto may be overridden.    
		Two-Thirds Vote Requirement for Passage of 
		State Budget. The Constitution requires a two-thirds vote of 
		each house of the Legislature for the passage of the annual budget act, 
		other General Fund appropriations (except appropriations for public 
		schools), other measures that take effect immediately (other than for 
		the calling of an election), and bills that raise state taxes. The 
		Constitution requires the Legislature to pass the budget bill by June 15 
		each year—in advance of the July 1 start of the state's fiscal year. 
		Certain budget actions (for example, a decision by the Legislature and 
		the Governor to change the types of services that the state provides) 
		require changing state law. Such changes in law often are included in 
		"trailer bills" that accompany passage of the budget each year. In order 
		for these trailer bills to take effect immediately rather than, as with 
		most other bills, on January 1, they must be passed by a two-thirds vote 
		of each house.
		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 
		interpretations of the Constitution by the State Controller and other 
		officials have expanded the types of payments that may continue to be 
		made when a state budget has not been passed. For example, state 
		employee salaries currently continue to be made in this scenario with 
		several notable exceptions—such as the salaries of the Governor, other 
		elected state officials, Members of the Legislature, and their appointed 
		staff, who receive no salaries after July 1 until a budget is passed. 
		Any salary payments which are withheld from these officials then are 
		paid upon passage of the budget.
		Proposal
		Lowers the Vote Requirement to Pass the 
		Budget Bill and Related Legislation. This measure amends the 
		Constitution to lower the vote requirement necessary to pass the budget 
		and related legislation from two-thirds to a majority (50 percent plus 
		one). The lower vote requirement would also apply to bills that the 
		Legislature identifies "as related to the budget in the budget bill 
		passed by the Legislature." This measure does not change the vote 
		requirement for increasing state taxes.
		Late 
		Budgets Would Result in Forfeiture of Pay and Reimbursements for 
		Legislators. In any year when the budget bill is not 
		passed by the Legislature by midnight on June 15, this proposal 
		prohibits Members of the Legislature from collecting any salary or 
		reimbursements for travel or living expenses from a current or future 
		budget during any regular or special session. This prohibition would be 
		in effect during the period from midnight on June 15 until the day that 
		a budget is presented to the Governor. Lost salaries and expenses could 
		not be paid retroactively.
		Fiscal Effect
		State Spending Easier to Enact. 
		This measure, by reducing the voting requirement from two-thirds to a 
		majority, could make it easier to pass a state budget. 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.
		Some Pay May Be Forfeited. In years 
		when the budget bill is not passed by June 15, Legislators would forfeit 
		any salary or reimbursement for living and travel expenses. In any year 
		that the Legislature does not pass a bill by June 15, the measure could 
		reduce state costs by around $50,000 per day until the passage of a 
		budget.
		Summary of Fiscal Effect
		This measure would have the following fiscal 
		effects:
		
			- 
			Unknown changes in the content of the state 
			budget from lowering the legislative vote requirement for passage. 
			Fiscal impact would depend on the composition and actions of future 
			Legislatures. 
- 
			Minor reduction in state costs related to 
			compensation of legislators in years when the budget bill is passed 
			after June 15. 
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