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California Fiscal Emergency: Only 21 Days Left for Legislature to Feign Action

The Legislature has only 21 days left to address the current state fiscal crisis, under the provisions of Proposition 58.

Governor Arnold Schwarzenegger invoked Proposition 58 on January 10 and sent the Legislature a package of bills to address the crisis. So far, no committee in either house has taken any action, although some committee hearings have been held.

On January 24, Legislative Counsel Diane Boyer-Vine issued an opinion (#0801640) saying the Legislature can pretty much kiss off the restrictive provisions that voters approved for dealing with the crisis. Proposition 58 requires the Legislature to "address" the fiscal crisis within 45 days. Ms. Boyer-Vine said the word "address" is not defined, and "does not require that the legislation resolve the fiscal emergency, but leaves this matter within the discretion of the Legislature with respect to a bill or bills passed and sent to the Governor."

The Legislature's lawyer continued: "Given this uncertainty, a bill to 'address' the fiscal emergency could ... fall within a spectrum between a bill that purports to fully resolve the fiscal emergency identified in the proclamation and a bill that merely makes a reduction in spending or provides for an increase in revenues."

Ms. Boyer-Vine also opined that the legislation need not include any of the governor's suggestions for resolving the fiscal crisis.

On the provision in Proposition 58 prohibiting the Legislature from acting on any bill if the Legislature has not "addressed" the crisis in 45 days, Ms. Boyer-Vine said this applies to all bills in the regular and special sessions, but probably applies only to final passage of a bill, so committees can act and each house still can pass bills (for example, the Assembly could pass a bill that still needs the Senate's approval).

Further, Ms. Boyer-Vine stated, "If the Legislature were to act on any other bill in violation of the prohibition described in Proposition 58, it is unlikely a court would entertain a lawsuit to challenge that action."

Source: California Taxpayers Association