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| Office of the Chancellor / Public Affairs |
Wednesday, July 2, 2003
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Oakland Tribune 7-2-03 Davis urged to follow Nevada's lead |
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| SACRAMENTO -- The governor asked the state Supreme Court on Tuesday to order the deadlocked Legislature to pass an overdue budget after lawmakers missed their constitutional deadline, and the court agreed to decide the matter -- in Nevada. In California, which is suffering a strikingly similar but much larger budget crisis, Gov. Gray Davis was grilled about why he hasn't been harder on legislators, who missed their June 15 constitutional deadline to pass a spending plan for the fiscal year that started Tuesday. "I believe in the separation of powers," Davis told reporters. "Each branch of government has its own elected leader -- the Senate and the Assembly have leadership. They have to decide when their house should be in order (conducting business)." "My suggestion is they focus almost exclusively on the budget -- it's the most important task before them -- and that they put all other business aside until we complete that task," Davis said. In short, the Democratic governor doesn't intend to follow the lead of Nevada's chief executive, despite California's unprecedented $38 billion deficit and a deadlock with Republican lawmakers opposing tax hikes that Democrats say would blunt otherwise Draconian spending cuts. Nevada's Republican governor asked the court to order the Legislature to resolve an impasse and raise taxes to keep public schools open. "No, he's not considering a similar move," Davis spokeswoman Hilary McLean said. Pressure over the standoff has mounted in recent days amid predictions of looming cutoffs of funds for education and other services until lawmakers adopt a budget. There were mixed reactions to Tuesday's developments among California lawmakers and budget stakeholders, but Davis critics again cited what they called his failed leadership, reflected by polls showing low approval ratings. "If he was gutsier, we would have a balanced budget and he wouldn't be in a recall," said Ted Costa of People's Advocate, the lead proponent of an attempt to give voters the opportunity to remove the governor from office. Davis administration officials questioned whether Nevada's governor had the authority to take legislative budget matters to that state's highest court. But the Nevada Supreme Court almost immediately agreed to consider the request that they force lawmakers to take action. The California Legislature's legal and fiscal advisers concluded that the matter has never been tested in court here. "There's no court of record that has ever made that kind of a determination or issued any such order to the Legislature," said Jeff DeLand, chief deputy of the Legislative Counsel's Office. The moves by Nevada Gov. Kenny Guinn and the Nevada Supreme Court marked two firsts for California's neighboring state. The governor's request reached the court Tuesday after lawmakers failed to muster the votes to approve a plan in time to meet constitutional requirements. The Constitution requires adequate funding for public schools and enough taxes to balance the budget. Within hours, the justices agreed to consider the governor's request. The chief justice called for written comments by Monday and said a decision would be expedited. Lawmakers warned that court intervention could set a dangerous precedent by weakening the Legislature's role in state government. That would be "such a shame ... because we really do represent the people," said Senate Minority Leader Dina Titus, a Democrat. Although the governor said he was saddened to have to petition the court, he said, "I have an obligation to uphold Nevada's Constitution." Wire services contributed to this report. |
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