|Budget Issue:||Transfer cost of the California Law Revision Commission to the Legislature's budget.|
|Program:||California Law Revision Commission|
|Finding or Recommendation:||This is a judgment call for the Legislature as it considers its own budget within the context of overall state budget priorities. We note that given the principle of separation of powers described in Section 3 of Article III of the State Constitution, transfer of California Law Revision Commission costs to the legislative branch would be problematic so long as numerous members of the commission are appointed by the Governor.|
The 2010-11 Governor's Budget proposes transferring three categories of state expenses now paid in executive branch departmental budgets to the budget of the Legislature instead. The Legislature's budget is limited under the State Constitution, and the Governor proposes no augmentation in the Legislature's budget to cover the $6 million of costs involved in the proposals.
The three categories of costs proposed to be transferred to the Legislature are:
Whether or not to move these costs from the executive branch to the legislative branch is a judgment call for the Legislature as its considers its own budget within the context of overall state budget priorities. If the Legislature, however, were to assume responsibilities for all or a part of Capitol repair costs, we note that the administration's proposal does not allocate any such costs to other occupants of the Capitol, which include the Governor's Office, the Lieutenant Governor's Office, the Department of Finance, DGS, the Department of Parks and Recreation, the California Highway Patrol, the California State Library, and the Legislative Counsel Bureau.
Moreover, given the principle of separation of powers described in Section 3 of Article III of the State Constitution, transfer of CLRC and CUSL costs to the legislative branch would be problematic so long as numerous members of those commissions are appointed by the Governor.