No. 79-907
California Attorney General Opinion No. 79-907
Cite as Cal. Op. Att'y Gen. No. 79-907
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TO BE PUBLISHED IN THE OFFICIAL REPORTS
OFFICE OF THE ATTORNEY GENERAL
State of California
GEORGE DEUKMEJIAN
Attorney General
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OPINION
of
GEORGE DEUKMEJIAN
Attorney General
Clayton P. Roche
Deputy Attorney General
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No. 79-907
November 27, 1979
SUBJECT: REDUCTION OF STATE FUND THROUGH APPROPRIATION—The two-
thirds vote requirement for appropriation bills in the California Constitution is applicable
only to appropriations from the state general fund, and even as to that fund it is not
applicable to appropriations for the public schools.
The Honorable John V. Briggs, Senator, Thirty-Fifth District, has requested an
opinion on the following question:
Does every bill which would reduce any state fund through an appropriation,
whether it be the general fund or a special fund, require a two-thirds vote of each house of
the Legislature?
CONCLUSION
The two-thirds vote requirement for appropriation bills in the California
Constitution is applicable only to appropriations from the state general fund, and even as
to that fund it is not applicable to appropriations for the public schools.
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ANALYSIS
The question presented is whether every bill which would reduce any state fund
through an appropriation, whether it be the general fund or a special fund, requires a two-
thirds vote of each house of the Legislature.
Article IV, section 12(d) of the California Constitution, which is the only provision
therein specifically relating to a vote requirement for appropriations, provides:
(d) No bill except the budget bill may contain more than one item of
appropriation, and that for one certain, expressed purpose. Appropriations
from the General Fund of the State, except appropriations for the public
schools, are void unless passed in each house by rollcall vote entered in the
journal, two thirds of the membership concurring.”
The clear wording of this constitutional provision makes the two-thirds vote
requirement applicable only to bills which appropriate money from the general fund. It
additionally excepts therefrom appropriations from the general fund “for the public
schools.” There is no two-thirds vote requirement as to bills which appropriate money only
from a special fund.
The history of Article IV, section 12(d) and an opinion of this office with respect to
a predecessor provision confirm this conclusion. Section 12(d) resulted from the revision
of Article IV of the California Constitution in 1966. The second sentence thereof, the one
providing for the two-thirds vote, had been previously contained in section 34a in
substantially the same form. It read, as amended November 6,1962:
“Appropriations from the General Fund of the State for any fiscal
year, exclusive of appropriations for the support of the public school system,
shall be void unless two-thirds of all the members elected to each house of
the Legislature vote in favor thereof.
“Not more than 25 per centum of the total appropriations from all
funds of the State shall be raised by means of taxes on real and personal
property according to the value thereof.”
However, prior to its amendment in 1962, Article IV, section 34a read substantially
differently. It stated, as amended November 5, 1946:
“Appropriations from the General Fund of the State for any fiscal
year, exclusive of appropriations for the support of the Public School System,
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shall not exceed by more than 5 per centum the appropriations from such
fund, exclusive of such public school appropriations, for the preceding fiscal
year unless two-thirds of all the members elected to each house of the
Legislature vote in favor thereof; provided, that no amount appropriated in
excess of such 5 per centum shall become a part of the base for determining
the maximum appropriation for a succeeding fiscal year and provided that
the base for the Ninety-ninth Fiscal Year shall be one-half of the base in
effect for the Ninety-seventh and Ninety-eighth Fiscal Years plus 5 per
centum. Should the appropriations in the Budget Act for any fiscal year
exceed the limitations herein prescribed and such Budget Act be not passed
by such two-thirds vote, the several items of appropriation therein shall be
deemed reduced by that percentage which the excess amount of
appropriation bears to the total appropriation. Should the prescribed limit for
any fiscal year be exceeded by reason of any other appropriation or
appropriations from the General Fund, then the appropriation first passed by
the Legislature without such two-thirds vote, which exceeds such prescribed
limitation, shall be deemed reduced by the amount of such excess, and all
other subsequent appropriations from the General Fund not passed by such
two-thirds vote shall be void. Nothing herein contained shall prevent the
Governor from vetoing any bills or reducing any appropriation therein or any
appropriation reduced as herein provided.
“Not more than 25 per centum of the total appropriations from all
funds of the State shall be raised by means of taxes on real and personal
property according to the value thereof.”
Despite the radical change in language in Article IV, section 34a in 1962, an
examination of the Arguments to the Voters for Proposition 16 at the November 6, 1962
General Election discloses that the change in language had no practical effect. The
Arguments to the Voters, at page 23 thereof, stated:
“The measure would also change the provision which requires a two-
thirds vote by the Legislature for the passage of bills appropriating money
from the General Fund, other than public school appropriations, if the
appropriation exceeds an amount determined from a formula specified in the
Constitution (Art. IV, Sec. 34a). The measure would remove this formula
from the provision so that all such appropriations would require a two-thirds
vote of the Legislature. However, because of the existence of ‘continuous’
statutory appropriations this formula now requires a two-thirds vote for all
new General Fund appropriations, so that the removal of the formula will not
change the practical effect of this constitutional provision.”
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Accordingly, Article IV, section 12(d) as it presently reads is the functional equivalent of
Article IV, section 34a as it read prior to its amendment in 1962.
This history is significant because in 1955 this office had the occasion to render an
opinion on the scope of the two-thirds vote requirement of the Article IV, section 34a. We
analyzed what whe called “feeder funds,” that is funds which though continually
appropriated for certain purposes still “fed” the general fund “reserve funds” which were
in reality reserve accounts in the general fund, and then true “special funds.” (26 Ops. Cal.
Atty. Gen. 168 (1955).) We ultimately concluded:
“Thus, in our opinion the two-thirds voting requirement of section 34a
applies to the General Fund, all or certain ascertainable portions of the feeder
funds listed at the outset of this opinion, all of the reserve funds set forth in
the list at the commencement of the opinion, but to none of the special funds
so listed. All of the funds to which the voting requirement of section 34a
applies must be considered together in ascertaining whether the
appropriations made for the current fiscal year exceed by five per cent the
appropriations made for the preceding fiscal year under section 34a.” (Id at
p. 176, emphasis added.)
In short, we concluded that appropriations to be funded from special funds did not fall
within the two-thirds vote requirement.
Since section 12(d) is merely the successor provision of section 34a of Article IV in
all material respects herein, our 1955 opinion is precedent for construing section 12(d)
similarly, and according to its plain import. Accordingly we conclude that section 12(d)
of Article IV imposes a two-thirds vote requirement only upon bills which appropriate
money from the general fund, exclusive of appropriations for public schools. As to
appropriation bills involving special funds, the simple majority vote required for most bills
would be applicable. (See Cal. Const., Art. IV, § 8(b).)1
In so concluding we note that a possible explanation for the distinction made in
Article IV, section 12(d) between the general fund and special funds may be found in the
initial purpose for which its predecessor, Article IV, section 34a was added to the
1 In this opinion we neither attempt to nor intend to determine what funds are properly included
in the state general fund for purposes of Article IV, section 12(d) and what funds are truly special
funds exempt from the two-thirds vote requirement. Such an undertaking is beyond the scope of
this request. Accordingly, 28 Ops. Cal. Atty. Gen. 168 (1955) supra, is cited herein solely for the
conclusion that “special funds” do not fall within the two-thirds vote requirement without any
attempt on our part to reanalyze it beyond that point.
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California Constitution as part of Proposition 1 at a special election held on June 27, 1933.
An examination of the Arguments to the Voters for that proposition (Arguments, at p. 3)
discloses that Article IV, section 34a was added as part of a property tax reform measure
which provided for a limitation upon governmental expenditures both at the state and local
government level to five percent over the prior budget. As a tax reform measure, it is logical
to have excluded special fund monies from the two-thirds vote requirement of Article 34a,
since special funds are normally fed from sources other than general tax revenues such as
from regulatory fees, trust funds, income from state property, or special taxes. (See 28 Ops.
Cal. Atty. Gen. at p. 175.)
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