As mentioned in Memo 1, California polls do show widespread negative sentiments towards immigrants, which may have enabled Governor Schwarzenegger to put the elimination of CIPC, CFAP and CalWORKS on his initial budget proposal. However, public opinion also shows that California voters oppose cutting welfare programs for any population. In a recent poll of California voters, vast majorities opposed cutting state spending on health care programs for low income and disabled Californians (72% opposed) and Child care programs (66% opposed).[1] Additionally, the experts at CIPC have made marked progress since January to move both public and legislator opinion against the proposed cuts to welfare programs for legal immigrants. Both of these factors should have influenced Governor Schwarzenegger to remove said proposals from the budget in his May revision.
Despite public opinion, in his revised budget proposal released on May 14th, Governor Schwarzenegger continued to insist on proposals to terminate CAPI, CFAP and CalWORKS. In this situation, there is a clear disconnect between voter preferences and the proposals on the agenda. These proposals actually more closely reflect Governor Schwarzenegger’s personal political ideals, which center around program cuts rather than tax hikes to balance the state budget. The reason for this disconnect is the very process by which the proposals are being furthered – the disaster that is 2010 California State Budget. Because Schwarzenegger is able to package proposals together, and bypass much of the typical policy-making process, he has furthered several pieces of legislation that would otherwise never have been considered. While budget cuts do stem from financial necessity, Schwarzenegger is able to control which programs are most severely affected.
Unorthodox lawmaking in the United States has evolved since the 1800’s, and has become increasingly relevant over time. Currently, one of the most utilized forms of unorthodox lawmaking is legislation enacted through the budget process. As Barbara Sinclair explains in her book Unorthodox Lawmaking: New Legislative Processes in the U.S. Congress, the budget process eliminates much of the usual political struggle involved in passing a bill. It grants the head of the budget process, in this case Governor Schwarzenegger, disproportionately high power – mainly through the pressure for Congress to meet deadlines, and his ability to package legislation. Sinclair says: “Through the budget process many changes in the policy can be made in one piece of legislation rather than a number of separate bills, so fewer battles have to be won.”[2] Although Sinclair’s text applies mainly to U.S. Federal lawmaking, many of her tenets apply directly to California State’s budget process as well. The remainder of this memo will guide the reader through the importance of California’s budget process in placing CalWORKS, CAPI and CFAP on the chopping block, and Schwarzenegger’s power to keep them there.
Each January, California requires its Governor to submit an initial budget proposal to the legislature. Since 2004, it has additionally been a requirement for the Governor to balance the budget.[3] This budget is exceptionally complex, and details California’s expected revenues and spending for the entire year. Despite this, legislation committees are expected to review all of the proposed budget bills, and provide feedback to the governor promptly: “The Senate Budget and Fiscal Review Committee and the Assembly Budget Committee are the two committees that hear the Budget Bills. They assign the items in the bill to several subcommittees […] hearings generally begin in late February.”[4] The subcommittees are organized and separated into subject areas such as Education, or Health and Human Services. Thus, it is extremely difficult for the subcommittees to coordinate on the proposed bills, and decide on issues collectively. A Congressman in one committee has little to no control over the decisions of the other subcommittees. This problem is particularly relevant when decisions made in one committee have widespread consequences to the budget as a whole.
CalWORKS, CAPI and CFAP were assigned to California’s Senate Subcommittee #3, on Health and Human Services.[5] Unfortunately, Subcommittee #3 was unable to provide many substantial recommendations on the proposals. This inaction occurred despite substantial public opinion against any proposed cuts to welfare programs, particularly in the health care sector. The main cause, as Sinclair touches on, is that Governor Schwarzenegger proposed the budget reforms as a package deal. The subcommittee likely opposed many of the individual proposals, but because of the complexity of the budget and an inability to coordinate with other subcommittees, it was impossible to recommend a sweeping reform to the budget. An additional difficulty is the time frame in which the subcommittee was forced to work. Sinclair states: “[The] budget process is, however, a complex process even when it is not used to attempt to enact comprehensive policy change. Its deadlines can present problems as well as exerting pressure for action.”[6] In California, subcommittees are given only two months before recommendations are due at the beginning of May. This deadline caused the proposed cuts to minor programs, such as CAPI and CFAP, to be considered only in passing. Even paramount issues, such as the elimination of CalWORKS, did not receive their due debate.

Due to these constraints, Subcommittee #3 was only able to make one strong statement on Schwarzenegger’s proposal: “The Senate Budget Subcommittee #3 on Health and Human Services, in a long hearing held March 18 on some of the Governor’s proposed human services budget issues, rejected […] trigger proposals that would have eliminated […] CalWORKS.”[7] In this case, one of Schwarzenegger’s three trigger proposals would have eliminated CalWORKS if California did not receive an additional $6.9 billion in Federal funding before the July 15th, the budget passage date. The elimination of CalWORKS would save California an estimated $1.2 billion in 2010-2011.[8] This issue was too consequential for the subcommittee to overlook, and they voted unanimously against the proposal. In regards CAPI and CFAP, no direct recommendations were made, as the effects of the programs are not as widespread, both financially and in terms of the populace affected.
On May 14th, Governor Schwarzenegger released his revised budget proposal. This generally takes into account the recommendations of committees, and will “consist of an update of General Fund revenues and changes in expenditures […] The Legislature typically waits for the May Revision update before final budget decisions are made on major programs such as Education, Corrections, and Health and Human Services.”[9] The flaw in the system is that even if a committee initially recommends against a certain proposal, the Governor is free to proceed with it in his May revision. In the case of the CalWORKS recommendation made on March 18th: “While it appears the action by the Senate subcommittee is likely final on these 3 specific “trigger proposals” that would eliminate the three entire programs – the Governor could, in May when he submits his revisions or changes to his proposed 2010-2011 State Budget – propose the same “trigger proposals” again – or a different version of those proposals.”[10] In fact, Governor Schwarzenegger did re-propose the elimination of CalWORKS, which causes huge problems for the legislature. Because there is still a possibility of its passage, Congress must still consider its consequences, and cannot move on to focus on other proposed bills or solutions to the budget crisis. Herein lies the main difference between the “normal” legislation process, and California’s budget process, in which the Governor is given tremendous power and influence.
Between now and July 15th, there is much to be decided. The subcommittees will reach their final decisions, taking into consideration Schwarzenegger’s revised budget proposals. Once the full committees reach a consensus, the Budget bill is passed to the floor, and voted on. A two-thirds vote is then required in both houses to pass the bill into law.[11] This all seems very democratic, but it is the process that forms the government agenda itself that is unsound, for three main reasons. First, the Governor is able to propose the budget with package proposals – this combines with a lack of coordination between subcommittees to make reform of the proposed budget very difficult. Second, the time constraints and the deadlines in the process inhibit in-depth discussion of each issue, often resulting in an inability to consider comprehensive reform involving multiple issues. Finally, the Governor has complete control over the budget agenda for the majority of the time it is being considered – free to ignore any recommendations by subcommittees. These problems have had disastrous consequences for the welfare programs CalWORKS, CAPI and CFAP, which affect thousands of legal immigrants statewide. Governor Schwarzenegger’s proposals to cut funding to CAPI and CFAP have gone completely unopposed thus far in the process. Senate Subcommittee #3 was able to refute his trigger proposal to completely eliminate CalWORKS, a step in the right direction for immigrant welfare. However, because of the rules of the budget process, Schwarzenegger was able to place his proposal again on the agenda, reducing the effect of this recommendation, if not eradicating it entirely. The aspects of the budget are passed into law on July 15th remains to be seen. It is certain, however, that Governor Schwarzenegger will have emphatically shaped the entirety of the agenda at that point.
[1] DiCamillo, Mark, and Mervin Field.
Release #2306. Rep. no. 2306. San Francisco: Field Research Corporation, 2009. Print.
[2] Sinclair, Barbara. Unorthodox Lawmaking: New Legislative Processes in the U.S. Congress. Washington, D.C.: CQ, 2005. Print.
[3] “Proposition 58: The California Balanced Budget Act.” California Legislative Analyst’s Office. Web. 14 May 2010. <http://www.lao.ca.gov/ballot/2004/58_03_2004.htm>.
[4] “California’s Budget Process.” California Department of Finance. Web. 14 May 2010. <http://www.dof.ca.gov/fisa/bag/process.htm>.
[5]“Senate Subcommittee #3: Committee Schedule.” California State Senate. Web. 15 May 2010. <http://www.sen.ca.gov/htbin/testbin/agenda?INET_FTP:[SEN.COMMITTEE.SUB.BFR_3_HEALTH]schedule.htm>.
[6] Sinclair, Barbara. Unorthodox Lawmaking: New Legislative Processes in the U.S. Congress. Washington, D.C.: CQ, 2005. Print.
[7] “Senate Committee Rejects Governor’s Budget Pro.” CALegalAdvocates.org. Web. 14 May 2010. <http://www.calegaladvocates.org/news/article.305036-Senate_committee_rejects_Governors_budget_proposals_to_cut_human_services>.
[8] Cajina, Vanessa. Governor Again Proposes Drastic Cuts to Programs for Lawful Immigrants in California. Rep. Sacramento: California Immigrant Policy Center, 2010. Print.
[9] “California’s Budget Process.” California Department of Finance. Web. 14 May 2010. <http://www.dof.ca.gov/fisa/bag/process.htm>.
[10] “Senate Committee Rejects Governor’s Budget Pro.” CALegalAdvocates.org. Web. 14 May 2010. <http://www.calegaladvocates.org/news/article.305036-Senate_committee_rejects_Governors_budget_proposals_to_cut_human_services>.
[11] “California’s Budget Process.” California Department of Finance. Web. 14 May 2010. <http://www.dof.ca.gov/fisa/bag/process.htm>.