Golden State Today

More than a month has passed since the nonpartisan Legislative Analyst’s Office (LAO) said it was "very troubled" by how much authority Democratic Gov. Gavin Newsom has had over the California state budget, now ready for his signature.

In that time, state Democratic and Republican lawmakers voiced concern over Newsom's enhanced authority over the budgetary process but the budget nonetheless now is on the governor's desk, having passed the California State Assembly on party lines.

The California Legislature has recessed, for what is expected to be four months, as Newsom continues to issued "sweeping orders again," Assemblyman Kevin Kiley (R-Roseville) said in a Facebook post Monday.

"The assembly left town just in time to deny itself any role in this new phase of executive action," Kiley continued in the Facebook post. "Make no mistake, the collapse of California government into one-man rule isn't just an assumption of power by the governor. It's also an abdication of responsibility by the legislature."

Kiley and other lawmakers - including Democrats - have voiced concerns about Newsom's unilateral power over the state's COVID-19 response and the governor's tight control over the budgetary process.

On May 19, the LAO issued a report that said it was "very troubled by the degree of authority that the [Newsom] administration is requesting that the legislature delegates."

The LAO's report was issued after Newsom presented the legislature with a budget "that addresses a $54.3 billion budget problem," despite the pandemic-induced recession.

"However, perhaps more importantly, in a number of areas across the budget, the administration asks that the legislature delegate significant authority to the executive branch," the report said. "In these cases we urge the legislature to jealously guard its constitutional role and authority."

In March, the state Legislature voted unanimously to give Newsom sweeping emergency powers as the still ongoing pandemic began to sink into California and the rest of the nation.

State lawmakers in the assembly have not been so accommodating in the budget process. In May, state Sen. Holly Mitchell (D-Los Angeles) said the state legislature had been left without a say in the governor’s then proposed budget, which included about $3 billion to purchase personal protective equipment (PPE).

Also in May, San Francisco state Sen. Scott Wiener (D-San Francisco) said in a KCRA 3 news report that "there has to be more oversight."

Mitchell and Wiener's comments came at roughly the same time as Kiley and seven Republican co-sponsored filed Resolution 196, which would have reined in Newsome's emergency powers.  No action has since been taken on the resolution.

Earlier, Kiley and Assemblyman James Gallagher (R-Yuba City) filed suit against Newsom, alleging the governor had exceeded his authority early in the pandemic in his orders that appeared to preempt state law. Earlier this month, an appeals court judge stayed a lower court order that barred Newsom from issuing directives.