Capitol Alert

In a court case that could define how broadly lawmakers can use their majority-vote powers, the California Legislature asserted this week that it has the authority to determine for itself whether certain bills are budget-related and thus qualify for a lower vote threshold.

Gov. Jerry Brown last week signed urgency legislation designed to move his tax initiative to the top of the November ballot even though it was among the last to qualify. Lawmakers sent Assembly Bill 1499 to Brown on a majority vote after they drafted it as a special budget bill, which allows it to take effect immediately.

But civil rights attorney Molly Munger, who has a rival tax initiative on the November ballot, alleges in a lawsuit that lawmakers manipulated the constitution by claiming it as a budget bill. If AB 1499 were not budget related, lawmakers would have needed a two-thirds vote to have it take effect in time for the November election.

The state Senate voted by a bare majority today to fund initial construction of California's $68 billion high-speed rail project.

The approval was uncertain as recently as hours before the vote. With all 15 Republican senators opposed to the measure and several Democratic lawmakers wavering, Senate President Pro Tem Darrell Steinberg scrambled to muster at least 21 of 25 Democratic votes.

Twenty-one Democratic senators voted 'Yes.'

The approval was a major legislative victory for Gov. Jerry Brown. Steinberg said the Democratic governor "talked to a couple members" ahead of the vote, while Sen. Mark Leno, D-San Francisco, reminded colleagues that the project not only had Brown's attention, but also that of President Barack Obama and House Democratic leader Nancy Pelosi.

The bill approved by the Senate authorizes $5.8 billion to start construction in the Central Valley, including $2.6 billion in rail bond funds and $3.2 billion from the federal government. Lawmakers tied that funding to nearly $2 billion to improve regional rail systems and connect them to high-speed rail. That regional money was considered necessary to lobby hesitant senators about the project's potential significance to their districts.

"Members, this is a big vote," Steinberg said as he opened floor debate on the bill this afternoon. "In the era of term limits, how many chances do we have to vote for something this important and long-lasting?"

Steinberg and other Democrats said the project would create thousands of jobs and make necessary improvements to the state's transportation infrastructure. Republicans said it is too expensive and relies on uncertain future funding. They criticized starting construction in the sparsely populated Central Valley.

Among Republicans in opposition was Sen. Tony Strickland, who criticized a willingness by the Legislature to reduce spending elsewhere while finding money for high-speed rail.

"I think this is a colossal fiscal train wreck for California," he said.

Sen. Joe Simitian, of Palo Alto, was one of four Democrats to break ranks with his colleagues. Simitian said he supports the vision of high-speed rail, but not the current plan. He said there are "billions of reasons" to oppose it.

Other Democratic senators opposing the measure were Mark DeSaulnier, of Concord, Alan Lowenthal, of Long Beach, and Fran Pavley, of Agoura Hills.

Gov. Jerry Brown has appointed two people to the California State University board of trustees, according to the Governor's Office.

Lupe Garcia, 43, from Alameda, has been a lawyer for Gap Inc. since 1999. She is a member of the Ethics and Compliance Officer Association and the Lawyers' Committee for Civil Rights of the San Francisco Bay Area. She earned a law degree from the University of San Francisco School of Law. Garcia is registered to vote without a party preference.

Hugo Morales, 63, of Fresno, has been executive director at Radio Bilingüe Inc. since 1980. He served as an adjunct lecturer of the La Raza Studies Program at Cal State Fresno from 1976 to 1979. Morales earned a law degree from Harvard Law School. Morales is a Democrat.

Both appointees must be confirmed by the Senate. Compensation for CSU board members is $100 per diem.

The CSU board still has five vacancies, including one student position.

Dan Walters says that while the California Assembly has voted "yes" on funding the high-speed rail project, proponents may be short a few votes in the Senate.

Have a question you'd like Dan to answer? Post it on our Facebook page.

See other Dan Walters Daily clips here.

VIDEO: Dan Walters says in his latest report that high-speed rail proponents may not get what they want from the California Senate.

The Assembly has adjourned until Aug. 6, but members of the Senate are still in town, facing a crucial vote on initial funding for the state's controversial high-speed rail project.

As David Siders reported Thursday, the Assembly's approval was expected. But which way will the Senate go? There's speculation that backers are a few votes short for passage.

"This is a very tight and tough vote," Senate President Pro Tem Darrell Steinberg acknowledged Thursday, "but I've had tight and tough votes before."

After members of the upper house finish up their business, they're expected to adjourn until Aug. 6 as well.

Meanwhile, the latest Field Poll reports that likely voters in California are extremely polarized over this year's presidential choices, with Democrats preferring President Barack Obama and Republicans preferring former Massachusetts Gov. Mitt Romney by pretty much the same wide margin of 9 to 1.

Those Republicans have Obama on their minds, as Torey Van Oot reports in today's Bee. Sixty percent of them say they back Romney because they're against the president, not because they're for the GOP candidate.

Even so, there isn't much chance of California going red in November, with Obama leading 55 percent to 37 percent over Romney among likely voters. Click here to read statistical tabulations compiled exclusively for Capitol Alert. You'll find the publicly released poll at this link.

The Bee's Torey Van Oot contributed to this report.