Joint Legislative Budget Committee: continuing existence at start of new legislative session

California's Joint Legislative Budget Committee (JLBC) exists continuously under state law and legislative rules. Pursuant to Government Code Section 9140 (AB 3442, Lowrey: Chapter 1667, Statutes of 1951), the JLBC "has a continuing existence and may meet, act and conduct its business...during the sessions of the Legislature or any recess thereof, and in the interim period between sessions." The Legislature's Joint Rule 37 further declares the JLBC "to be a continuing body."

Joint Rule 37 requires the Senate President pro Tempore and the Speaker of the Assembly to appoint the JLBC's 16 members--eight from each of their houses. Under Joint Rule 37, at the beginning of a new legislative session, "those members of the committee who continue to be Members of the Senate and Assembly, respectively, continue as members of the committee until their successors are appointed." Government Code Section 9141 confirms the key parts of this rule. The rule adds that "the committee continues with all its powers, duties, authority, records, paper, personnel, and staff, and all funds theretofore made available for its use."

There are a number of reasons for the JLBC to have a continuous existence. First, the state budget requires the executive branch to consult with the JLBC prior to taking various financial actions. Commonly, the budget authorizes an expenditure or expenditure change 30 days after a state department provides notice of its intent to the JLBC. This allows the JLBC to advise the executive branch on whether the budget action is consistent with legislative intent. Second, the JLBC is the employer of record of the Legislative Analyst's Office (LAO)--in fact, with a state payroll record system separate from those of the Assembly, the Senate, or the rest of state government. The committee's continuous existence helps ensure the LAO is an ongoing entity, controlled by the Legislature with little interference from the executive branch.



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