Lecture 5: Policy and Politics of the Legislature

Lecture 5: Policy and Politics of the Legislature

How do people become legislators?

·         Previous experience – City Council, School Board, County Sup

·         Community activism

·         Personal or professional experience (the cranky factor)

How do you get elected?

·         Money, money, money. Where does it come from? Individuals, PACS

·         Grassroots v. media/ mail campaigns; party supported or not

·         Reapportionment/ Redistricting process

·         Party interests – competitive seats State Legislature is inside pool.

Once Elected – how do you organize and office.

·         It’s all about the district – prescence, especially the further from Capitol

·         Constituent Services

The needs of the Members to be on specific Committees (District v. Fundraising v. Caucus Leadership):

·         Policy/ Fiscal Committees germane to Member’s District or expertise

·         Policy/ Fiscal Committees for raising money – “Juice Committees”

About Caucus Leadership – how and why things happen.

·         Party above all (Caucus perspective)

·         Re-election (Members Perspective and Caucus too.)

·         District demands versus Caucus/ Party demands

·         How Leadership works

Link between members needs (re-election) and Caucus needs.

Policy and Politics

Bill Authors and Sponsors

Lobbying and Special Interests

·         So-called special interests and lobbying

·         Types of lobbying (Association, Corporate, Contract, Government)

And – Back to Elections!

Capitol Weekly's Lucas: Examples of bills active in the Legislature

Under the radar: Lots cooking in the Capitol besides the budget

By Greg Lucas | 02/10/11 12:00 AM PST Capitol Weekly

While passage of dozens of bills to help close what’s now at least a $26 billion budget shortfall appears to be anything but imminent, it’s not like the Legislature didn’t do anything in January.

Some 15 members of the Senate and Assembly held Sacramento fundraisers where the minimum price to attend was $1,000.

They also introduced 278 pieces of legislation, adding to the 177 they introduced in December, when the legislative session officially began.

Of the 278, 62 are placeholders for budget-related actions. There are 31 Assembly bills and 31 Senate bills.

Although Gov. Jerry Brown has asked lawmakers to pass a raft of budget-related bills by March and published his proposed contents for those bills on his Department of Finance’s website, none of the 62 bills appear to have yet been amended to incorporate that content.

Nor is a measure to place an extension of $9.2 billion in taxes on the June ballot in danger of being voted on in either house.  

But the state wants to crack down on professional photocopiers – as opposed to the amateurish ones responsible for the machines in most businesses.

That’s what AB 214 does – require ID cards for “professional photocopiers” to contain a photograph of the employee.

Presumably to rein in a rash of impostors palming themselves off as “professional photocopiers.”

The bill by Assemblyman Mike Davis, a Los Angeles Democrat, specifies the card shall be no less than 3.25 inches by 2 inches and, oddly enough, at the top bear the title “Professional Photocopier.”

One vexing problem solved. Next?

More than 10 of February’s newly minted bills express the Legislature’s “intent” to do something. That means the bills don’t do anything but they hope to in the future.

One bill hopes the Legislature will approve adding the role of Filipinos in World War II to the state’s social studies curriculum.

Another wants to, at some later date, try to “eliminate or reduce any unnecessary duplication of fingerprint clearances for prospective adoptive parents.”

GOP Assemblyman Dan Logue of Chico offers AB 87, a well-intentioned bill relating to inspections of home furnishings.

As no doubt all Californians are aware, the Home Furnishings and Thermal Insulation Act provides for the licensure and regulation of various manufacturers, sellers, upholsterers, and sanitizers of home furnishings, including bedding.

Again, as is well known, this act is enforced by the chief of the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation.

The chief or any of the bureau’s redoubtable inspectors can cut into any article of upholstered furniture or bedding to rip out some part for further analysis.     

Indeed, existing law allows the chief or other inspectors to condemn, withhold from sale, seize, or destroy any upholstered furniture or bedding - or any filling material or insulation - that is found to be in violation of the act.

The act commences at Section 19000 of California’s Business and Professions Code. Section 19002 takes the liberty of defining what constitutes a “person.”

A person, as far as the Home Furnishing and Thermal Insulation Act is concerned, includes “individual, copartnership, association, firm, auctioneer, trust, and corporation and the agents, servants and employees of any of them.”

Several sections later, it is revealed the "highest priority of the bureau is protection of the public. Then definitions are offered for “upholstered furniture,” “seating furniture,” “bedding,” “antique” and “filling material.”

An important distinction is drawn between “used” and “secondhand.”

Not surprisingly, “used” is defined as “furniture or bedding that has been previously owned or used by another individual.”

On the other hand, “secondhand” is “materials or articles used in the construction of bedding or upholstered furniture that have been previously used for any purpose, and shall include ‘sweepings’ which are wastes recovered from gins, furniture and bedding factories, textile plants, or establishments using fibers or other materials.

“Manufacturing processes shall not be considered previous use, and new materials that are free from dirt or other contamination shall not be classified as sweepings.”

The bureau is responsible for the licensing and inspection of businesses that manufacture and sell upholstered furniture, bedding and thermal insulation. It also enforces health and safety standards - such as flammability - product labeling requirements and truth in advertising laws.

There’s a laboratory in North Highlands where the bureau tests the stuff they cut out of furniture and bedding, new, secondhand or otherwise.

Assemblyman Logue intends for the Legislature to require the inspectors or the bureau chief to compensate the owners of the furniture or bedding they tear into.

The measure doesn’t require that, however. Logue is merely desirous that someday the Legislature will start to begin to commence to get ready and require checks be cut for the wretched, long-suffering makers of bedding, furniture and thermal insulation.

In the first of the bill’s five paragraphs, Logue notes, “it is the right of every person to own private property.”

Then: “The right to private property is fundamental to other civil rights, and it is the duty of government to observe and protect this right.”

John Hancock’s signature does not grace the bottom of his measure.  

Logue also wants to crack down on car washing establishments that don’t register. He would have the state Labor Commissioner get in touch with those who fail to register and let them know if they don’t hustle up and get it done within 60 days, they could be subject to a civil fine.

As the Home Furnishings and Thermal Insulation Act illustrates, a key part of legislation involves definitions. A “person” could be defined as something very different in the Health and Welfare Code.

Bills also “prescribe” and “specify” and “exempt.”

For example, SB 110 attempts to clarify what constitutes a “nuisance” when it comes to mining.

The measure, by freshman Sen. Michael Rubio, a Bakersfield Democrat, defines "mining activity, operation, or facility, or appurtenances thereof" as including but not limited to the following:

“Excavation, extraction, or removal from land of ores and minerals, including sand, gravel, shells, or stone, or combinations thereof, used to produce a construction material or an industrial product or other commercial product directly from those ores and minerals, including the private ways, roads, and areas necessary to conduct that activity or operation, and the operation of a plant site for processing those ores and minerals, including associated onsite structures, equipment, machines, tools, or other materials, including the onsite stockpiling and onsite recovery of those ores and minerals.”

No definition of “appurtenances” is offered although Webster’s says it means “accessory objects,” or a subordinate part of something.

Sometimes definitions come with exceptions, as in AB 185 by Assemblyman Ed Hernandez, a Baldwin Park Democrat.

As might be expected, the definition of "maternity services" includes “prenatal care, ambulatory care, maternity services, involuntary complications of pregnancy, neonatal care, and inpatient hospital maternity care, including labor and delivery and postpartum care.”

However, Hernandez’s bill, which seeks to ensure people know with certainty that all health care plans cover “maternity services,” would not apply to “specialized health insurance, Medicare supplement insurance, short-term limited duration health insurance, CHAMPUS-supplement insurance, or TRI-CARE supplement insurance, or to hospital indemnity, accident-only, or specified disease insurance.”    

Perhaps instead of prescribing, lawmakers might consider proscribing bill introductions in March.

KQED - FM: John Meyers Synopsis of the Budget Drama

A glimpse of the policies, people, and politics of California state government, from John Myers of The California Report

http://blogs.kqed.org/capitalnotes/2011/02/28/budget-drama-marches-into-march/

Budget Drama Marches Into March

February 28, 2011, 12:01 am • Posted by John Myers

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So many moving parts, so little time. That's the view from the cheap seats as to what's next in the 2011 budget saga, though it's admittedly not a very different prognosis than in years past.

Still, it's worth taking a look at some of those moving parts -- a look at the week ahead -- as the clock starts to loudly tick on Governor Jerry Brown's self-imposed deadline for a statewide special election on his budget plan.

In re Redevelopment: There's no denying that $1.7 billion is real money. But compared to the overall size of the state's projected deficit -- and when matched against some very deep cuts to social services and health programs -- the reason Brown's redevelopment proposal is getting so much attention is that it's real a political brawl.

Power brokers in cities across the state are fighting to keep redevelopment alive, pushing an alternative to the Guv's demolition that focuses on a long-term borrowing, via securitization, of property tax dollars earmarked for redevelopment agencies. On Friday, Sen. Bob Huff (R-Diamond Bar) outlined a modified version of the borrowing plan, one which he said would make it optional for locals to participate, thus avoiding the 'state taking the money' ban under last fall's Proposition 22. Meantime, other budget conferees on Friday expressed a desire to simply ask the voters to repeal Prop 22 and start over. All of the wrangling begs the question: has Brown's plan to permanently ax the local development agencies faltered? Or is this perhaps the final throes of RDA backers who fear the Guv is winning the battle?

Pension-O-Rama: Last week's sizzling recommendation by the independent Little Hoover Commission that lawmakers should freeze, and then lower, pension benefits for current state workers (not those already retired, BTW) symbolizes the sense that pension "reform" is in vogue here in Sacramento. With multiple bills having been introduced at the Capitol and the sense that some Republicans maybe looking at the issue as a key demand in budget talks, we're going to be hearing an awful lot about the issue in the near future.

Who's Backing Brown? The governor's trip down to Los Angeles Friday to pick up a budget blessing from the LA Area Chamber of Commerce either signals emerging consensus or much-ado-about-nothing. You choose. Brown clearly jumped at the chance to affix a 'business friendly' label on his plan (and getting in the news in the state's biggest media market didn't hurt), even though the state's most influential business group remains mum on his budget. Loyal Republicans, on the other hand, instantly dismissed the endorsement. With so little time left before March 10 (if that is the actual deadline), the governor may not get many more chances to go outside of what's been his main strategy: private Capitol meetings mixed with occasional but carefully planned chats with the press.

What's the Election Endgame? And now to the big question we're all waiting to answer: how does it all end? While it's true that some Democrats remain uneasy about the budget cuts in play (and the conference committee process has made that clear), the reality is that the looming deadline still comes down to whether enough Republicans will find a way to ratify a special election on additional taxes in June. While some are pushing both GOP legislators and Brown to accept the other's terms and move on, the two sides still seem to be at loggerheads. The governor probably wound up with a slight win in the PR battle after last Thursday's visit with budget conferees (his quip that not allowing vote is "not American" made several newspapers), but the Capitol isn't being overrun by people demanding to vote. Which means that either Republicans have some kind of heretofore unknown plan, or Governor Brown gets to choose between two bad alternatives: stick to his 'I'll-do-an-all-cuts-budget-if-you-really-want promise, or explore the often buzzed about idea that there's a way to call an election without a supermajority legislative vote.

Either of those options threaten to make the governor a bit of a political pariah, a designation that his predecessor knew all too well... and from which an already tough mission would seem to be Mission Impossible.

Lecture 4: The Legislature

Lifecycle of a Bill

The Legislature functions to create laws that represent the best interests of the citizens within each legislative district. Proposals for new laws are called bills. To become a law, a bill must successfully pass through a number of steps.
1. Idea
All legislation begins as an idea. Ideas can come from anyone. The process begins when someone persuades a senator or assembly member to author a bill.

A legislator, who acts as the author, sends the idea and language for the bill to the Legislative Counsel where it is drafted into the actual bill. The drafted bill is returned to the legislator for introduction.

2. First Reading
A bill's first reading is when the clerk reads the bill number, the name of the author, and the descriptive title of the bill. The bill is then sent electronically to the Office of State Printing. A bill must be in print for 30 days, giving time for public review, before it can be acted on.

3. Committee Hearings
The bill then goes to the Senate or Assembly Rules Committee where it is assigned to the appropriate policy committee for its first hearing. Bills are assigned according to subject area. During the hearing the author presents the bill, people testify in support or opposition of the bill, and the committee acts on the bill. The committee can pass the bill, pass the bill as amended, or defeat the bill. It takes a majority vote of the membership of the committee to pass a bill. Bills that require money must also be heard in the Fiscal Committee, Senate and Assembly Appropriations. Some bills may be “double referred” to two policy committees if the subject matter lies within the jurisdiction of more than one committee (e.g., an A.B. could be referred to both Public Safety and Judiciary committees), pursuant to A.R. 51. If the bill fails passage in the first committee, it is “dead” and therefore cannot be heard by the second committee.
Before a bill may be heard by the committee of first reference, a notice of such hearing must be published in the Daily File four days prior to the hearing, not including the day of the hearing (see J.R. 62(a), J.R. 60(b), J.R. 36(a)(2), J.R. 36(a)(4). Informational hearings require four days notice as well. Committee hearing notices are published at the front of the Daily File.
Pursuant to J.R. 22.1, noncontroversial bills may be reported to the Floor with the recommendation that they be placed upon the consent calendar (e.g., “Do pass. To Consent Calendar.”). These uncontested measures must comply with the restrictions imposed under the Joint Rules. These bills must have received no “no” votes and had no opposition expressed by any person present at the committee hearing.
4. Second Reading
Bills passed by committees are read a second time in the house of origin and then placed in the Daily File for a third reading.

5. Third Reading
When a bill is read the third time, it is explained by the author, discussed by the members, and voted on by a roll call vote. Bills which require money or which take effect immediately, require 27 votes in the Senate and 54 votes in the Assembly. All other bills require 21 votes in the Senate and 41 votes in the Assembly. If a bill is defeated, the Member may seek reconsideration and another vote.

Once the house of origin approves the bill it proceeds to the other house where steps 1-5 are repeated.

If a bill is amended in the second house, it must go back to the house of origin for concurrence, which is agreement on the amendments. If agreement cannot be reached, the bill moves to a two-house conference committee to resolve differences. Three members of the committee are from the Senate and three are from the Assembly. If a compromise is reached, the conference report is voted upon in both houses.

6. Governor
The bill then goes to the Governor. The Governor has three choices. He or she can sign the bill into law, allow it to become law without his or her signature, or veto it. A governor's veto can be overridden by a two-thirds vote in both houses. Most bills go into effect on January 1 of the next year. Urgency measures take effect immediately upon being signed by the Governor and chaptered by the Secretary of State. The Governor has 12 days to consider legislation. Pursuant to the Constitution, any bill that is not vetoed (returned) by the Governor after 12 days becomes a statute without the Governor’s signature. The exception to this provision occurs at the end of each year of the legislative session, when the Governor is allowed 30 days to consider bills passed by the adjournment deadline of the Legislature (Art. IV, Sec. 10(b)(1), Sec. 10(b)(2)).

7. California State LawEach bill that is passed by the Legislature and approved by the Governor is assigned a chapter number by the Secretary of State. These chaptered bills are statutes, and ordinarily become part of the California Codes. The California Codes are a comprehensive collection of laws grouped by subject matter.
The California Constitution sets forth the fundamental laws by which the State of California is governed. All amendments to the California Constitution come about as a result of constitutional amendments approved by the voters at a statewide election.

TYPES OF BILLS

Assembly Bill, Senate Bill       (AB or SB followed by#:  AB 2011 or SB 645)

A proposed law, introduced during a session for consideration by the Legislature, and identified numerically in order of presentation; also, a reference that may include joint and concurrent resolutions and constitutional amendments.

Concurrent Resolutions (ACR or SCR followed by #: ACR 1 or SCR 23)

A measure introduced in one house that, if approved, must be sent to the other house for approval. The Governor's signature is not required. These measures usually involve the internal business of the Legislature.

Joint Resolutions (AJR or SJR followed by #: AJR 14 or SJR 8)

Joint resolutions are those which relate to matters connected with the federal government. These resolutions are used almost exclusively for the purpose of memorializing Congress—that is, expressing approval or disapproval by the California Legislature of legislation pending or proposed in Congress or programs and activities of the federal government. Additionally, the California Legislature utilizes joint resolutions to ratify amendments to the United States Constitution.

House and Senate Resolutions (HR or SR followed by #: HR 2 or SR 5)

House (Assembly) and Senate resolutions are the expression of one house of the Legislature and take effect upon their adoption. These resolutions are normally used to amend the house rules, to create committees, or to request a committee of the house to study a specific problem. House resolutions and Senate resolutions are printed as separate documents in the same manner as bills. Resolutions, however, are not subject to the same 30-day waiting period that applies to bills. After a resolution is referred to committee, it may be acted upon.

Constitutional Amendment (ACA or SCA followed by #: ACA 9 or SCA 2)

A resolution proposing a change to the California Constitution. It may be presented by the Legislature or by initiative, and is adopted upon voter approval at a statewide election

Vote Thresholds

Most bills require a simple majority vote (41) for passage (Art. IV, Sec. 8(b)). However, there are several instances where a two-thirds vote (54) is required, including, but not limited to:

• urgency measures (budget bills that take effect immediately are exempted under Prop. 25 of 2010);

• amending the Lottery Act, Prop. 103, Political Reform Act of 1974 (FPPC), or the “Three Strikes Law”;

• suspending Prop. 98;

• overriding the Governor’s veto;

• adopting Constitutional Amendments (ACA’s and SCA’s);

• suspending some Joint Rules.

NOTE: Joint Rule 61, HR 1 and SR 1 – Not set in stone or bendable when it is convenient, especially at the end of session!

California State Senate
Senatoris Est Civitatis Libertatem Tueri—It is the Duty of the Senators to Protect the Liberty of the People

24 Democrats                            2/3^rd Majority Vote: 27
14 Republicans                           Majority vote: 21
2 vacancies (SD-17 & 28)
Each Senate District represents 970,000 Californians

The Senate has 23 Standing Committees in the 2011 -2012 Session.

Officers of the Senate:

President of the Senate, Lieutenant Governor, Gavin Newsom
Under the State Constitution, the Lieutenant Governor serves as the President of the Senate. However, by law and custom the role of the President is extremely limited. He or she may be invited periodically to preside on ceremonial occasions, such as the opening of the Session. However, the only time the Lieutenant Governor is actually entitled to participate in the business of the Senate is in the case of a tie vote, when he or she casts the vote breaking the tie.
President pro Tempore, Darrell Steinberg (D - Sacramento)
The President pro Tempore, who also serves as the Chair of the Rule Committee, is the actual leader of the Senate. He or she is elected by the Members at the beginning of each Session. The "Pro Tem" is the presiding office on the Floor, overseeing the appointment of committee members, assignment of bills, progress of legislation through the house, confirmation of gubernatorial appointees, and overall direction of policy. He or she is also the political leader of the majority party.

Assistant President pro Tempore, Vacant

Majority Leader, Vacant
The Majority Leader is chosen by the Majority Caucus, and serves as the main Floor manager for the President pro Tempore and Majority Party. He or she also is the chief assistant in political matters and strategy.
Minority Leader, Senator Robert D. Dutton (R)
The Minority Leader (also known as the "Republican Leader") is the second-most powerful position in the Senate. Elected by members of the Minority Caucus, he or she speaks for the Minority Party, maintains its inner discipline, and works with the President pro Tempore to set the Senate's order of business.
Majority Whip, Vacant
Whips are essentially assistants to the political leadership of each party in the Senate. They are elected by their respective caucuses, and help count potential votes on matters which present particular party concerns.
Minority Whip, Senator Tom Harman (R - Huntington Beach)
Whips are essentially assistants to the political leadership of each party in the Senate. They are elected by their respective caucuses, and help count potential votes on matters which present particular party concerns.
Democratic Caucus Chair, Vacant
Caucus chairs are elected by their respective parties. They convene caucus meetings, provide political advice to their leadership, and manage staff assisting Members in providing constituent services and communications with the public.
Republican Caucus Chair, Senator Bob Huff (R - Diamond Bar)
Caucus chairs are elected by their respective parties. They convene caucus meetings, provide political advice to their leadership, and manage staff assisting Members in providing constituent services and communications with the public.
Secretary of the Senate, Gregory Schmidt
The Secretary of the Senate is one of the three officers of the Senate who are elected by the total Membership, the other two officers being the President pro Tempore and the Chief Sergeant-at-Arms. He or she is the chief parliamentarian and keeper of the legislative records. The Secretary of the Senate is responsible for the accurate drafting of bills and the presentation of bills to the Governor. He or she is also the Executive Officer of the Senate, in charge of the day-to-day administration of the budgeting, personnel, accounting, purchases, contracting and property management.
Chief Sergeant-at-Arms, Tony Beard, Jr.
The Chief Sergeant-at-Arms, elected by the total Membership of the Senate, is responsible for order on the Senate Floor, and in committees and meetings. He or she is essentially the "chief" of the Senate's internal policing agency. The Chief Sergeant-at-Arms works closely with the California Highway Patrol and the Assembly Sergeants to maintain the security of the Capitol and Senate offices statewide. The Chief Sergeant also oversees various service officers within the house.

California State Assembly"It is the duty of the legislature to pass just laws."

52 Democrats                            2/3rds Majority Vote: 54
27 Republicans                           Majority Vote: 41
1 vacancy (AD-4)
Each Assembly District represents 485,000 Californians

The Assembly has 30 Standing Committees in the 2011 – 2012 Legislative Session.

Assembly Officers

Speaker, Assembly Member John A. Pérez
The highest ranking officer of the Assembly; usually elected by the Assembly Members at the beginning of each two-year legislative session. The Speaker or his or her designee presides over Floor Session. The Speaker's powers and duties are established by the Assembly Rules. The Speaker of the Assembly is the presiding officer of the Assembly and is elected for a two-year term by a majority vote of the Members. He or she is charged with the overall management and supervision of the Assembly. The Speaker appoints Members to all committees and subcommittees of the Assembly, allocates funds, staffing and other resources for the effective operation of the House, and establishes the committee schedules (A.R. 26).
Speaker pro Tempore, Assembly Member Fiona Ma
An officer appointed by the Speaker that presides over Floor Sessions in the absence of the Speaker.
Majority Floor Leader, Assembly Member Charles Calderon
Elected by the majority party caucus. Represents the Speaker on the Floor, expedites Assembly Floor proceedings through parliamentary procedures such as motions and points of order and promotes harmony among the membership.

Assistant Majority Floor Leader, Vacant

Majority Whip, Vacant

Assistant Majority Whip, Vacant

Democratic Caucus Chair, Assembly Member Jerry Hill

Minority Floor Leader, Assembly Member Connie Conway
Elected by the caucus having the second largest House membership. Generally responsible for making motions, points of order and representing the minority caucus on the Floor.
Chief Clerk, E. Dotson Wilson
A nonpartisan, nonmember officer of the Assembly elected by the majority of the membership at the start of each two-year session as its legislative officer and parliamentarian.
Chief Sergeant-at-Arms, Ronald E. Pane
Staff responsible for maintaining order and providing security for legislators. The Chief Sergeant-at-Arms in each House is elected by a majority of the Members of that House at the beginning of every legislative session.

Codes and the Constitution

http://www.legislature.ca.gov/research_and_publications/laws_and_constitution/laws_and_constitution.html

Searchable on line at this link, California Law consists of 29 codes, covering various subject areas

California Statutes are Chaptered Bills. A bill is "chaptered" by the Secretary of State after it has passed through both houses of the Legislature and has been signed by the Governor or becomes law without the Governor's signature. Statutes available online are those from 1993 to the present.

Regular Biennial Session

The biennial session is governed by constitutional deadlines for bills to be acted upon. The first occurs on January 31 of the second year of the biennium (2006), at which time those bills introduced in the first year of the biennium (2005) and still in the house of origin may no longer be acted upon by the house, and they are filed with the Chief Clerk or the Secretary of the Senate. No bill may be presented to the Governor after November 15 of the second year of the session (2006). Another deadline occurs at the end of the second year, following adjournment sine die (November 30, 2006), when all bills remaining in committee are returned to the Chief Clerk or Secretary.

Extraordinary Sessions:

The Constitution provides that the Governor may call the Legislature into special session by proclamation. The proclamation contains certain subjects, and the Legislature’s consideration is limited to the subjects specified, but it may provide for the expenses and other matters incidental to the session.

With respect to the question of what measures may be considered under an item of the Governor’s Proclamation convening the Legislature in extraordinary session, the California Supreme Court has stated as follows:

‘‘. . . The duty of the Legislature in special session to confine itself to the subject matter of the call is of course mandatory. It has no power to legislate on any subject not specified in the proclamation. . . . But when the Governor has submitted a subject to the Legislature, the designation of that subject opens for legislative consideration matters relating to, germane to and having a natural connection with the subject proper. . . . Any matter of restriction or limitation becomes advisory or recommendatory only and not binding on the Legislature. . . .’’

While the Governor controls the subject matter of legislation which may be considered during an extraordinary session, what is embraced in the subject as designated by the Governor is to be given a broad interpretation. The Legislature may consider matters germane (relating to) or those having a natural connection with, the subject contained in the proclamation.

The Rules Committees

There is in each house of the Legislature a Committee on Rules which acts as the executive committee of the house.  At the beginning of each two-year session the practice is that the ‘‘majority party’’ proposes new House Rules, including the size of the Rules Committee membership. For example, the composition of the Assembly Rules Committee has varied from nine during the 1993–94 Regular Session to 12 during the second year of the 1995–96 Regular Session to 10 upon organization of the 1997–98 Regular Session. Since 2000, the Assembly Rules Committee’s membership has consisted of 8 members. In the Assembly, the Speaker appoints the Chair, Vice Chair, and membership of the Rules Committee under the existing rules.

Within two days after the November general election in each even numbered year, the majority and minority caucuses meet for the purpose of selecting their officers for the upcoming two-year session.

The Senate Committee on Rules consists of the President pro Tempore of the Senate, who is chairperson of the committee, and four other Members of the Senate who are elected by the Senate. The rules of each house provide that the Rules Committee shall continue in existence during any recess of the Legislature, after final adjournment, and until the convening of the next regular session with the same powers and

duties as while the Legislature is in session.  A very important function of the Rules Committees is to refer all bills and resolutions to the appropriate standing committees.  The Rules Committees make studies and recommendations designed to promote, improve, and expedite the business and procedure of their respective houses and committees. Amendments to the rules are proposed by the committees when they are deemed necessary.

Some of the important powers and duties the Rules Committees perform for their respective houses are: To authorize the appointment of employees, set their salaries, and adopt rules and regulations limiting the amount, time, and place of expenses and allowances to be paid to committee employees; to approve all claims for expenses incurred by the house’s committees, and to approve all proposed expenditures before the expenses are incurred; and to assign the subject matter of bills recommended for study to the appropriate committees.  The Senate Rules Committee appoints members to Senate standing committees; the Speaker performs this function in the Assembly.

The Fiscal Committees (Appropriations and Budget Committees)

The Assembly Budget Committee and the Senate Budget and Fiscal Review Committee are among the hardest working and most powerful committees of the Legislature. They are charged with forging a consensus out of the myriad demands made upon a State Budget which is now in excess of

$100 billion.

Within the first 10 days of each calendar year these committees are the recipients of budget bills introduced simultaneously in each house. These identical bills are the result of many months of effort by the executive branch to establish the financial requirements of the state for the forthcoming fiscal year. Initially, then, the priorities reflect the determinations of the Governor. Once introduced, the budget bills immediately come under the scrutiny of the staffs of the fiscal committees of the Legislature and the office of the Legislative Analyst. Opinions are sought regarding every possible service and capital outlay imaginable and are reviewed at numerous hearings by various budget subcommittees.

So important is the attention to a balanced budget that the Constitution expressly prohibits the Legislature from sending to the Governor ‘‘any bill appropriating funds for expenditure during the fiscal year for which the budget bill is to be enacted, except emergency bills recommended by the Governor . . .’’.  Thus, every bill appropriating money from the General Fund which is passed by the Legislature prior to the enactment of the Budget Bill requires the Governor’s request via a letter before being presented to him or her for signature.

Appropriations Committees

Any bill which: appropriates money; imposes new responsibilities or duties on the state; liberalizes any state function, program or responsibility; or results in substantial loss of revenue or reduction of state expenditures, must be heard by the Appropriations Committees in the Assembly and the Senate before it can be voted upon by the respective houses.140 This means that any bill implicitly or explicitly touching upon one or more of the above criteria must pass through both policy and fiscal committees of both houses.

The application of this rule requires these committees to review an estimated

80 percent of all bills considered by the Legislature. The fiscal committees are generally not thought of as policy committees except for the Budget, although some measures are occasionally referred directly to these committees. The distinction is noted by the Joint Rules which establishes different deadlines for policy committee and fiscal committee action.141 These staggered deadlines recognize the problem faced by authors of bills which must come under review by the fiscal committee after clearing the policy committee to which they were previously referred.

Confirmation of Appointments

Most appointments made by the Governor must be confirmed by a majority vote of the State Senate before the appointment becomes effective. The appointees to the State Board of Education, the Public Utilities Commission, the South Coast Air Quality Management District Board, and the State Adjutant General are but a few examples of the offices over which the Governor has appointment power and for which State Senate

confirmation is required.

The California State Assembly shares the confirmation power with the State Senate in only two instances: gubernatorial appointments to fill a vacancy in a statewide office, and approval of actuarial appointments. In each instance, an affirmative vote of both the Assembly and the Senate is required for the appointment to take effect, and if either house fails to confirm the appointment, it is considered denied. When a vacancy occurs in specified statewide offices (i.e., Lt. Governor, Atty. General, etc.), the Governor’s nomination of a replacement is subject to confirmation by a majority vote of the membership of the Assembly and Senate. In the event the nominee is neither confirmed nor denied within 90 days of the appointment, he or she shall take office as if having been confirmed. Likewise, when the Governor wishes to appoint an actuary for the Board of the Public Employees’ Retirement System, the nominee is submitted to each house of the Legislature. Thereafter, the Legislature has 60 calendar days within

which to confirm or deny the nomination; a majority vote in each house is required for approval. If the nominee is neither confirmed nor denied during this period, the appointment shall become effective on the 61st calendar day after the date of the nomination.

Legislative Counsel of California

Founded in 1913, the Office of Legislative Counsel is a nonpartisan public agency that drafts legislative proposals, prepares legal opinions, and provides other confidential legal services to the Legislature and others. The office also provides computer services, data networking, and related customer services to the Legislature. The Legislative Counsel of California is Diane F. Boyer-Vine. The main office is located at the State Capitol Building in Room 3021, and can be contacted at (916) 341-8000 begin_of_the_skype_highlightingend_of_the_skype_highlighting.

The Legislative Analyst Office

The Legislative Analyst's Office (LAO) provides independent, nonpartisan analysis, research, and advice to the Legislature on fiscal and policy issues. The LAO was established in 1941 to reduce the cost of state government and increase its efficiency through independent oversight and review of the state's programs and financing. The LAO assists Members of the Legislature through its work on the state budget, by responding to ad-hoc requests for research and analysis from the Members, and by publishing independent reports focused on solving problems in state government today.

http://www.lao.ca.gov/

Key Publications

The Senate and Assembly Daily File (what is going to happen today – floor and committees)

The Senate and Assembly Daily Journal (what happened, also interesting information on the organization of the houses: seating charts

 2011 Legislative DEADLINES

Jan. 1 Statutes take effect (Art. IV, Sec. 8(c)).

Jan. 3 Legislature reconvenes (J.R. 51(a)(1)).

Jan. 10 Budget must be submitted by Governor (Art. IV, Sec. 12 (a)).

Jan. 17 Martin Luther King, Jr. Day.

Jan. 21 Last day to submit bill requests to the Office of Legislative Counsel.

Feb. 18 Last day for bills to be introduced (J.R. 61(a)(1)), (J.R. 54(a)).

Feb. 21 President’s birthday

Mar. 28 Cesar Chavez Day

Apr. 14 Spring Recess begins at end of this day’s session (J.R. 51(a)(2)).

Apr. 25 Legislature reconvenes from Spring Recess (J.R. 51(a)(2)).

May 6 Last day for policy committees to hear and report to Fiscal

Committees fiscal bills introduced in their house (J.R. 61(a)(2)).

May 13 Last day for policy committees to hear and report to the Floor non-fiscal

bills introduced in their house (J.R. 61(a)(3)).

May 20 Last day for policy committees to meet prior to June 6 (J.R. 61(a)(4)).

May 27 Last day for fiscal committees to hear and report to the Floor

bills introduced in their house (J.R. 61 (a)(5)). Last day for fiscal

committees to meet prior to June 6 (J.R. 61 (a)(6)).

May 30 Memorial Day.

May 31 – June 3 Floor Session Only. No committee may meet for any purpose

(J.R. 61(a)(7)).

June 3 Last day for bills to be passed out of the house of origin (J.R. 61(a)(8)).

June 6 Committee meetings may resume (J.R. 61(a)(9)).

June 15 Budget must be passed by midnight (Art. IV, Sec. 12 (c)(3)).

July 4 Independence Day observed.

July 8 Last day for policy committees to meet and report bills (J.R. 61(a)(10)).

July 15 Summer Recess begins at the end of this day’s session, provided Budget

Bill has been enacted (J.R. 51(a)(3)).

Aug. 15 Legislature reconvenes from Summer Recess (J.R. 51(a)(3)).

Aug. 26 Last day for fiscal committees to meet and report bills to the Floor

(J.R. 61(a)(11)).

Aug. 29 – Sept. 9 Floor Session only. No committees, other than conference

committees and Rules Committee, may meet for any purpose (J.R.

61(a)(12)).

Sept. 2 Last day to amend bills on the Floor (J.R. 61(a)(13)).

Sept. 5 Labor Day.

Sept. 9 Last day for each house to pass bills (J.R. 61(a)(14)).

Interim Study Recess begins at end of this day’s session (J.R. 51(a)(4)).

Oct. 9 Last day for Governor to sign or veto bills passed by the Legislature before Sept. 9
and in the Governor’s possession on or after Sept. 9 (Art. IV, Sec.10(b)(1)).