Replies

I think you're referring to this post, where I quoted the OC Register.

I couldn't find the exact language to support it, although I agree with Amerigomag's interpretation:

The OC Register said the Governor would have sole authority to raise taxes. While he could propose to raise taxes as a solution in his "proclamation", I couldn't find anything to support the "sole authority" comment.

Below is from the "Live Within Our Means Act"

(g) (1) If, following the enactment of the budget bill for the 2004–05 fiscal year or any subsequent fiscal year, the Governor at the end of any quarter determines that, for that fiscal year, General Fund revenues have fallen by a rate of at least one and one-half percent on an annualized basis below revenues as estimated by the Department of Finance or if, following the enactment of the budget bill for the 2006–07 fiscal year or any subsequent fiscal year, the Governor determines that, for that fiscal year, the balance of the Budget Stabilization Account will decline to below one-half of the balance in the account available at the beginning of the fiscal year, the Governor may issue a proclamation declaring a fiscal emergency and shall thereupon cause the Legislature to assemble in special session solely for that purpose. The proclamation shall identify the nature of the proposed legislation to remedy the fiscal emergency.

I have reviewed the legislative text and can't find any language to support the premise posed by the OC Register.

The other small twist in time is that 76 specifically protects the existing obligations created by Prop 57. Prop 58 didn't protect the bonds specifically. Under 58 these recent bonding obligations would fall under the "contracts" language of existing legislation and might be subject to renegotiation should the governor declare an emergency prior to the passage of Prop 76.

"Renegotation" of Prop 57 bonds would be troubling for California's already weak bond rating and would certainly preclude the executive from borrowing more money which is authorized by the text of 76.

So they put the possible results of the vague language out there to deliberately invite question and comment! I think That is genius in editorialism!!! I wish we would see far more of this on these far reaching ballot measures!

Actually, I wish our Representative Republic were not so disfunctional that we felt the need for these far-reaching legislative propositions!!!

Thank you for posting it and I stand by my comments to it 100%!!!