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2010

Other Budget Issues

Last Updated: 4/19/2010
Budget Issue: Transfer cost of the Commission on Uniform State Laws to the Legislature's budget.
Program: Commission on Uniform State Laws
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 Commission on Uniform State Law costs to the legislative branch would be problematic so long as numerous members of the commission are appointed by the Governor.
Further Detail

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:

  • State Capitol Repairs and Maintenance. The Governor's proposal would eliminate the $5.4 million General Fund budget in the Department of General Services (DGS) for State Capitol repairs and maintenance and require the Legislature to cover all of these costs instead. These expenses generally relate to building repairs and improvements—not day-to-day operations and utility costs of the building. Capitol repair and maintenance items generally are programmed after consultation between the Legislature's Joint Rules Committee and DGS.
  • California Law Revision Commission (CLRC). The Governor's proposal would eliminate the CLRC's $666,000 General Fund appropriation and instead require the Legislature to support CLRC activities. Consisting of seven gubernatorial appointees (subject to Senate confirmation), two Members of the Legislature, and the Legislative Counsel, the CLRC assists the Legislature in developing recommended legislation for complex and technical topics.
  • Commission on Uniform State Laws (CUSL). The Governor's proposal would eliminate the CUSL's $148,000 General Fund appropriation and instead require the Legislature to support CUSL operations. Consisting of six gubernatorial appointees, two Members of the Legislature, the Legislative Counsel, and other persons who have been selected as a life member of the National CUSL Conference or who previously served on CUSL for at least five years, the CUSL--as well as its counterpart commissions in other states--drafts proposed laws on certain topics that are desired to be uniform with similar laws in other states.

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.