The 2009 Legislative Session has been notable for many reasons. The daunting state budget deficit and possible water bonds, which pit environmentalists against agricultural interests, have added to the intrigue. In addition, legislation to build a new National Football League stadium has also been thrown in the mix. The session has been marked with the several Extraordinary Sessions with the Governor calling no less than six this year. According to Secretary of the Senate, Greg Schmidt, this marks the most special sessions ever convened in the state’s history.

From a historical perspective there are two types of Extraordinary Sessions the Governor is able call. The first may be issued as a proclamation and the Legislature may only consider legislation dealing with the subject referenced in the Governor’s proclamation. The second allows the Governor to issue a proclamation declaring a fiscal emergency and create a special session for that purpose. However, the Governor’s proclamation must include the nature of the fiscal emergency and must be accompanied by proposed legislation. If the Legislature fails to pass and send the Governor legislation that deals with the fiscal emergency within 45 days, they may not act upon other measures.

Interestingly, this year the Governor has called both types of sessions. Initially, the Governor called an issue specific special session focused on the federal “Race to the Top” funds for education. Currently legislators are debating which state laws may need to be changed to ensure California can apply for federal funds. This session has several Committee hearings scheduled over the next few months. As for special sessions focused on fiscal emergencies at this point, a total of six have been called including two of them for economic stimulus and another concerning the Commission on 21st Century Economy to review the report recently released on California’s tax structure. Democratic legislative leaders have also asked the Governor to convene another special session on water. To date, the Governor has not done so.