SACRAMENTO, Calif. (AP) –– Few tears are being shed for California lawmakers.

The man who cuts the state’s paychecks decided to enforce a law this week that all 120 members of the Legislature will not be paid their salaries until they balance the state’s annual spending plan by closing its $9.6 billion budget deficit.

Democratic lawmakers say they followed the law by passing a budget last week and should not be penalized because Gov. Jerry Brown vetoed it.

They criticized the decision, saying the first use of a law some of them pushed for violated the separation of power between the executive branch and legislators. One lawmaker fretted about having to tell his family that they can’t pay their bills.

At a time when the state is borrowing heavily, cutting programs and suffering from the lowest credit rating in the U.S., there was little sympathy for a legislature that most Californians don’t think highly of, anyway.

“Their job is to get the budget passed so that the people who depend on them aren’t screwed,” said Dan Dougherty, 57, a Vietnam veteran in San Francisco. “These guys are making money and are representatives of the people.

“They need to do their jobs and get together,” he said. “Republicans and Democrats need to come to a middle ground.”

State controller John Chiang’s decision holds at least the potential to end budget shenanigans and return a measure of fiscal respect to a state that is the world’s eighth-largest economy.

Chiang determined that lawmakers failed to meet Proposition 25, an initiative approved by voters last year that is aimed at getting the Legislature to approve balanced budgets by their constitutional deadline of June 15.

The measure lowered the budget vote threshold from two-thirds to a simple majority. As an incentive for voters, Prop 25’s authors added a provision that halts pay and expenses for lawmakers should they fail to meet the budget deadline.

When Democratic lawmakers passed a budget this month, Gov. Jerry Brown vetoed it. Chiang reviewed the package, finding that it did not meet the requirements for a balanced budget. He said portions were “miscalculated, miscounted or unfinished.”

Chiang said it committed the state to $89.8 billion in spending but provided $87.9 billion in revenues, leaving a hole of $1.85 billion.

“Part of the reason the budget didn’t balance is that they were engaged in some of the past practices that worked in earlier years but that do not work today under the new reality,” he said.

Brown said he reluctantly vetoed the package because it perpetuated the state’s history for budget gimmickry by borrowing billions and making questionable legal maneuvers.

In years past, deadlines meant little to lawmakers.

The budget for the current fiscal year was signed last October, a record 100 days after the start of the fiscal year. Just five budgets since 1991 have been passed by the Legislature and signed by the governor before July 1.

The reality of going without a paycheck hit some lawmakers hard.

“I halted a fulfilling private sector career path to enter public service,” lamented Assemblyman Mike Gatto, D-Los Angeles. “I now have to explain to my wife and daughter that we won’t be able to pay the bills because a politician chose to grandstand at our expense.”

Gatto is one of many who rely on the job as a primary source of income.

According to the National Conference of State Legislatures based in Denver, the full-time California Legislature is the highest paid in the nation. Many legislatures serve part-time.

With lawmakers forfeiting their salary and daily expense pay, taxpayers are saving $48,603.50 a day.

For legislators earning $95,291 a year, the loss of salary works out to $261 each day. For leaders of the Senate and Assembly who make $109,584, that works out to $300 each day. Most lawmakers also lose out on a $142 per diem for travel and living expenses.

State lawmakers also won’t get retroactive pay.

In the past, their pay would stop once the new fiscal year began without a new budget, but they were able to recover their salaries when one ultimately passed. Although budget delays happen nearly every year, only nine times in the past 30 years has the budget stalemate dragged on so long that lawmakers missed at least a month’s worth of pay.

Now under Prop 25, they never get the money back.

The leader of the state Senate warned that Chiang’s decision could violate the state’s separation of power between the legislative and executive branches of government. Lawmakers could sue.

“The controller’s decision today sets a dangerous precedent,” said Senate President Pro Tem Darrell Steinberg.

Assembly Speaker John Perez, a Democrat and a former union political director, joined forces last year with labor groups to pass Prop 25. After the election, he said the measure would positively affect the budget process.

Perez struck a critical tone Tuesday.

“While I respect the controller’s efforts to render a decision within the guidelines of our Constitution, I believe he was wrong,” Perez said in a prepared statement. “I continue to maintain that the Legislature met our constitutional duties in passing the budget.”

California’s new fiscal year begins July 1 and that means the governor and lawmakers have just days to work out a compromise.

Standard & Poor’s credit-rating agency in San Francisco said Tuesday that California was “at a crossroad” in structuring its budget, debt and ultimately its credit rating. A poor rating means it costs the state more to borrow money, which is ultimately paid back by taxpayers.

Gabriel Petek, a senior director of S&P credit market services, said if lawmakers go into another long standoff, the state won’t be able to make short-term loans, which would send the state into yet another cash crisis and force more IOUs.

But Emily Raimes, a vice president with Moody’s credit research firm, said last week’s budget “may indicate that legislators are more eager to pass a budget to get paid. Now that they know it also must be a balanced budget, they may pass something else earlier than we’ve seen in prior years.”

(Copyright 2011 by The Associated Press. All Rights Reserved.)

Comments (14)
  1. LAUREN says:

    If the lawmaker can’t pay his bills then he should learn to live within his means!!!! LIKE THE REST OF US!!!!

  2. Billy Salsbury says:

    Well at least he knows how the rest of Californians feel. Maybe if he lost his house and job he would stop complaining and get to work balancing the budget.

  3. Ray says:

    They have been doing the same thing for years if a private company did this they would be put in jail for cooking the books.

  4. Ray says:

    Make more cuts and balance the budget.

  5. mert says:

    These are the people that the liberals voted into office. The only thing they know how to do is tax us and provide sanctuary to illegals who suck our system dry and then tax us again. And when we stand firm against raising taxes, they call us activist and cry foul. We have the worst credit rating and we chase buisness out of California with all the redunant agencies and regulations. They pander to unions, mailnly seiu, while me and you contribute to their retirerment accounts instead of them contributing to their own retirement like the rest of the private sector and world does. The so called temporary tax proved this. They know who votes for them.

    1. Randy Gudgel says:

      You seem to be drinking the Konservative Kool-Aid like the rest of those idiots on Fox News. You can’t just lower spending or the whole system falls apart. And neither can you just raise taxes. At some point we really SHOULD not even “balance” the budget, but raise taxes enough for a time so that we can dig out of our money hole, and then lower taxes while not buying more services.

      It’s called “living within your means”. When you go into debt, you learn that you need to save more money without spending as much, and over time you adapt to not spending so much, so when you CAN afford it again, you just don’t do it.

      1. Landsnekt says:

        Randy, the only proble with what you said is that once taxes are raised, some one comes along anf tries to keep them high. Here is an article from forbes (through Yahoo) that shows California has the highest income tax rate amont all the states and is the 5th worst state for retirement. How much money is that driving out of the state? Its a fundamental policy issue that needs to be fixed. No easy road until it is fixed and that means no tax increases until Sacramento fixes the problem.;_ylt=AlWf7hAXkNlS2UyCDEu2FBi7YWsA;_ylu=X3oDMTE1cWJlamY5BHBvcwMzBHNlYwNmaWRlbGl0eUZQBHNsawMxMHRheC11bmZyaWU-?mod=fidelity-livingretirement&cat=fidelity_2010_living_in_retirement

        One thing to note, if you have an income higher than 46K you are paying the highest tax rate in California.

  6. judy says:

    WHEN and IF a budget ever get passed MAKE sure that there are also cuts to all the ILLEGALS as well!! WHY??? should they get any money when its the TAXPAYERS in California paying their way!!!!

  7. C Canon says:

    I have a real hard time feeling sorry for them when they complain they can’t pay their bills. They should try living a little less lavishly. Boo Hoo, maybe they will have to bring their lunch, like a lot of state employees do. or take light rail or carpool.. What are they going to do when they are voted out of off ice?? Complain their pension is too small and they can’t live on it?? They should try to live on $37,000 a year before they complain about anything.

    1. george says:

      State employee? Your the root of the problem. Let me guess,,, your a DMV employee?? As useless as a$3 bill

      1. Sean says:

        Actually, you are the root George. I don’t know about you, but I’m a State employee and I work my ass off, 72 hours a week, every week at a minimum. And I risk my life, my health, and the well-being of my family for less than $50,000 a year. Arm-chair Quarterbacks, like you, who sling blindly because a Suit on television makes you think he stands for your beliefs. The same Suit who then instructs you to pin the blame on those who actually DO the work, while the real culprits play puppetmaster behind the curtain. Yes, there are some bad apples in State employment. There are even more in the Private Sector; 20-fold. You just don’t think about it because they are not ‘publicly funded’ like government, yet you pay for them too.

        We have a pension because we are paid less in salary than the Private Sector. And I’ll be damned if some beer-gut Red Party conservative with the Faux News teleprompter guiding their actions, like you George, is going to take what little incentive we have left away because some Fat Cat can make a buck off the backs of the hard working.

      2. Landsnekt says:

        Sean (below). Congratz, you are living the life of those of us in private sector. I applaud you for working hard and taking your job serious. Can you say that of all your co workers? does your union actually work for you? NO??? Then some thing is broke. In public sector we usually manage out bottom performers but that takes too much work in the government so they let them slide.

  8. Daniel says:

    These low life legislators with their secret agendas should go back to working on a part-time basis. No one cares if anyone of them left a lucrative private sector job to go into public service. Bo Hoo. Cry me a river. Do you your job like everyone else or don’t get paid. No one cares!

  9. B-Safe says:

    maybe know these blockheads will stop dragging their feet and actually get something done.

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