AB 382

This bill establishes a process for the removal of nonfiscal policy items from the

biennial budget bill and prohibits passage of a biennial budget bill in either house

of the legislature if the bill contains nonfiscal policy items. Under the bill, a nonfiscal

policy item is defined as an item that generally has no state fiscal effect or the policy

implications of the item are greater than the state fiscal effect; an item that has been

or is the subject of introduced legislation other than the biennial budget bill; an item

that would be referred to a standing committee of the legislature, other than the

Joint Committee on Finance (JCF); or an item that can be accomplished without

legislation. Under the bill, however, nonfiscal policy items do not include those that

affect state program eligibility; that, if prepared as a bill, would generally be referred

to JCF; or that address a reorganization or transfer of state government operations

or functions.

Under the bill, no later than 30 days after introduction of the biennial budget

bill, the Legislative Fiscal Bureau (LFB) must prepare a report, for submission to the

cochairpersons of JCF, that identifies all nonfiscal policy items. If requested by the

governor, the cochairpersons of JCF must then introduce bills in both houses of the

legislature for each nonfiscal policy item identified by the LFB.

The bill specifically prohibits JCF from voting to recommend passage of a

biennial budget bill, or an amendment thereto, that contains a nonfiscal policy item,

as well as prohibits senators and representatives to the assembly from offering

amendments to the biennial budget bill, or any amendment thereto, that contain a

nonfiscal policy item. Finally, the bill prohibits either house of the legislature from

passing any biennial budget bill, or adopt any amendment thereto, that contains a

nonfiscal policy item.