Monday, December 01, 2008


Governor: The powers given to the governor include the coordination of the state emergency plan and programs to mitigate the effects of an emergency, and authority to suspend statutes, commandeer private property and personnel, and cooperate with federal agencies (Cal. Gov’t Code §8565 et seq.). The governor has
complete authority over agencies and the right to exercise police power (Cal. Gov’t Code §8627 et seq.). Also, the governor may make expenditures “from any fund legally available” to deal with emergencies and accept services, equipment, and
supplies (Cal. Gov’t Code §8645 et seq.). Additional powers of the governor in a state of emergency are enumerated in the statute (Cal. Gov’t Code §8654). During state of war emergency the governor exercises complete authority over all agencies and the right to designate all police powers in designated areas. (Cal. Gov’t Code §8620)

Schwarzenegger declares emergency
SACRAMENTO, Calif. (AP) -- Gov. Arnold Schwarzenegger declared a fiscal emergency Monday and called lawmakers into a special session to address California's $11.2 billion deficit.

The state's revenue gap is expected to hit $28 billion over the next 19 months without bold action. The emergency declaration authorizes the governor and lawmakers to change the existing budget within 45 days.

The state is likely to run out of cash in February.

Got that? Some weird new power called "fiscal emergency." That's covered by Prop 58:
...the Governor may issue a proclamation declaring a fiscal emergency and shall thereupon cause the Legislature to assemble in special session for this purpose. The proclamation shall identify the nature of the fiscal emergency and shall be submitted by the Governor to the Legislature, accompanied by proposed legislation to address the fiscal emergency.
(2) If the Legislature fails to pass and send to the Governor a bill or bills to address the fiscal emergency by the 45th day following the issuance of the proclamation, the Legislature may not act on any other bill, nor may the Legislature adjourn for a joint recess, until that bill or those bills have been passed and sent to the Governor.
(3) A bill addressing the fiscal emergency declared pursuant to this section shall contain a statement to that effect.

Okay, so they can't pass any extra stuff. BFD. Here's where it gets interesting:

...the Legislature may not send to the Governor for consideration, nor may the Governor sign into law, a budget bill that would appropriate from the General Fund, for that fiscal year, a total amount that, when combined with all appropriations from
the General Fund for that fiscal year made as of the date of the budget bill's passage, and the amount of any General Fund moneys transferred to the Budget Stabilization Account for that fiscal year pursuant to Section 20 of Article XVI, exceeds General Fund revenues for that fiscal year estimated as of the date of the budget bill's passage. That estimate of General Fund revenues shall be set forth in the budget bill passed by the Legislature.

Any bets that part gets ignored? Really. Now that the Governor has declared a fiscal emergency; no more bills that cost money. Yeah, right. Silly Constitutional stuff is for other people not our fine Legislature.


Casey Serin said...

MURST! I'll take credit for bankrupting California with my sweet, sweet deals. :-p

H Simpson said...


Those tools in the state house can pre-pass any rule they need to enact a law the next day. So any rule/law is pretty flexible.

Sooner or later nobody will lend to them, and they will be in such a corner wondering how could they be that stupid. But if they CAN find a way to make it to Feb, you can be sure the Gov will be seeing Pres Obama for a handout. Infrastructure and all..

Heavy drug usage in boston.
Mall wants to crank up rents 40%:
Hey, it works for the government..

Be sure tune into the new episode of the Real Housewives of Orange County when Wanda tears out the plumbing out her foreclosed McMansion to pay for an oil change on the Lexus and a trip to Cabo.


Lou Minatti said...

I don't wish it on on anyone (well, most anyone) because I know how sucky it is to get canned during a down cycle. But a bunch of government workers need to be sacked and their pensions reviewed.

w said...

Hey, I love those housewife shows. I have been waiting for years to see how these people keep up their lifestyles when real esate tanks. It seems that most of these people are heavily dependent on it for their lifestyles.

May I suggest to everyone that it is a poor choice to live your life on a TV show. Unless you are a hilarious European chef from Moorpark.

Jean ValJean said...


Silly Dawg. The Constitution only applies to us little people that follow the law.

Mr. Outspoken said...

It says the governor can appropriate private personnel or property as needed to fight the crisis. Why doesn't he just seize all the assets he needs to put him in surplus? Would that plunge California into banana republic status even if it's just once?

Mr. Outspoken said...

That's Casey Serin, always one to take credit wherever he can.

Peripheral Visionary said...

Forget Constitutionality. That will look like a technicality when California has to go to the markets to borrow money. Lenders don't know and don't care what the rules say; they will want assurances that their money will be paid back, and they will want high interest rates. CA is staring BK in the face, but you wouldn't know it from the behavior of the legislature. Of course they will be running to Obama for a handout at the first opportunity, but they had better be ready to stand in line . . .

H Simpson said...

darn, Am I good, or is Arnold reading my posts and executing:

by the way Dawg. You favorite place, The Natick Collection mall is in serious trouble. Company has been given 2 extra weeks to come up with millions to pay banks. May be time to put on the lifejackets and scope out the lifeboats...