The State Legislature

California Government

Chapter 4

Development of California Legislature Before 1966

Serving in California legislature was a part time job Legislators received little pay, not a full time job Lobbyists provided information and even meals and lodging to

legislators when they were in Sacramento, corruption

Prop 1A passed in 1966 Provided full time salary and staff so that legislators

were not dependent on lobbyists or governor California rated most effective legislature Independent agencies like Legislative Analysts Office Helped incumbents get re-elected, resulted in many

full time politicians

Propositions set term limits in 1990 and 2012 Terms Limits for legislative and executive branch

Bicameral Legislature

Bicameral, or two chambers, designed to “check” each other

Modeled after the U.S. Congress Upper (Senate) and Lower (Assembly) chambers

have different number of members and term lengths “Professional” rather than “amateur”

Highly paid (more than $100,000/year with per diem) Full-time sessions Many staff in districts, Capitol offices, and committees

State Senate and AssemblySENATE• 40 members• 4-year terms• Based on population

– Districts average 930,000 residents

• Extra duty: confirm Governor’s appointees

• Leader is called the Senate President Pro Tem

ASSEMBLY• 80 members• 2-year terms• Based on population

– Districts average 465,500 residents

• Leader is called the Assembly Speaker

calchannel.com

TERM LIMITS• Proposition passed in 2012 limits representatives

elected 2012 and later to a lifetime total of 12 years in the Senate and Assembly

• Representatives elected before 2012 are limited to 3 terms in the Assembly and 2 terms in the Senate

Legislators’ Duties: Lawmaking

Legislators propose and consider about 5,000 bills in a 2-year session

Most work occurs in committees Hearings, Amendments, Debates, Votes

Other participants fundamentally shape bills: Lobbyists, special interest advocates Staff (legislative staff, committee staff) Governor’s staff, administrators, state officials Constituents (those who are interested in a bill)

Final action takes place on the “the floor” of each chamber

Both houses must pass bills in same, final form before the governor can sign them

Factors that Shape Bills/Laws

Nature of bill Costs; Type (long-term vs. short-term; complex or simple;

wide-ranging or affects only a few individuals or entities) Institutional factors

Party balance in Assembly & Senate Democrats are majority in both

Strength of the majority party How many minority party votes are needed to reach supermajority

Staff expertise Governor

Persuasiveness, partisanship, veto threats, especially “line-item” veto (US President does not have this power, but 43 governors do)

Rules Simple majority for passing regular bills and budget Supermajority required (2/3’s vote) to raise taxes or fees

Factors that Shape Bills/Laws Personal factors

Legislators’ level of expertise, experience, reputation Partisanship Interpersonal relationships

Political environment Many bills are sponsored by lobbyists and “shopped

around” to see which legislator will carry it Timing and outside events (economy, changing

attitudes, etc.)

Legislators’ Duties: Budgeting

Not just an economic plan, but a document where policy priorities are spelled out

January to June Budget committees and subcommittees consider all

parts of governor’s proposed budget; create alternative spending amounts

Legislative Analyst’s Office (LAO) provides analysis Must pass by June 15th or legislators lose their pay Should be signed by governor by June 30th

Legislators’ Duties: Constituency Service, Outreach

• Helping constituents with their state government-related problems

• Residents contact representatives seeking help with problems stemming from bureaucracy, such as:– Lost checks– Appointments needed at an agency

• Each “case” is assigned to staff who do “casework”

• Contacting constituents to hear their opinions, get a better sense of district concerns– “Public relations”

• Town Hall meetings, newsletters, email contacts

Legislators’ Duties: Executive Branch Oversight Monitoring state programs to ensure

legislative intent is being fulfilled Ongoing, but difficult to do adequately with limited

time in office Administrators testify before committees about

status of programs Legislature controls budgets

Senate confirms governor’s appointees to state departments and agencies

The Era of the Speaker’s System

Jesse Unruh (1950’s-1960’s) Democratic Speaker of the Assembly

Before speaker was chair of the Ways & Means Committee

California becoming more Democratic Developed a legal version of previously corrupt

system Collected money from lobbyists and gave it to

candidates he thought had a good chance to win (famous quote: “money is the mother’s milk of politics”, p. 126)

When elected these candidates supported Unruh

More efficient for lobbyists (“pay to play”), only have to contribute to one central figure

Speaker’s System 1970s to 1990s Democratic party has dominated Assembly

Democratic speakers continued and expanded Unruh’s system

Leo McCarthy (1974-1980) Willie Brown (1981-1995)

Longest serving speaker, “perfected” the Speaker’s System Republicans ended indirectly via term limits

Today: Short-Term Speakers, rise of Senate President Pro-tem

Since term limits short term speakers Speaker system still remains, but, not as

strong as under Brown and Unruh Democratic caucus elected John Pérez (D-Los

Angeles) as speaker in early 2010 Since 1998 speakers come from Los Angeles area:

Villaraigosa, Hertzberg, Wesson, Núñez, Bass State Senate President Pro-tem, Darrell

Steinberg (D-Sacramento), has become more powerful than in past because State Senators can serve longer than Assembly Speakers

List of Speakers (p. 156)

Tomorrow: Return of Long-term Speaker’s System? With longer term limits leaders can serve longer This will make legislative leaders stronger than

they have been in the past 20 years The future may be more like Speaker’s System of past

The Assembly and Senate have chosen new leaders for 2014 Kevin de León (D-Los Angeles) will be the new leader

of the Senate, he’s term limited out in 2018 Toni Atkins (D-San Diego) will be the new leader of

the Assembly, she’s term limited out in 2016 Both were first elected under old term limit rules

The Executive Branch

California Government

Chapter 5

California’s Plural Executive

U.S. Founders regarded plural executives as inefficient, competitive, and fractious, opting instead for one executive (a single President)

In California, Governor shares power with 11 others: Lieutenant Governor Attorney General Secretary of State Treasurer Controller Superintendent of Public Instruction Insurance Commissioner Board of Equalization (4 elected members + Controller)

“Long Ballot” is a Progressive reform

California’s Plural Executive Duty of each is to carry into effect state laws,

policies and programs Each serves a 4-year term Elections are held in even numbered years which

are not presidential election years (2010, 2014, 2018, etc…)

They are subject to term limits 2 terms, or 8 years total

Lifetime ban: once 8 years in an office, cannot serve in it again Creates incentives to run for other executive offices

Colleagues eye each others’ seats, sometimes challenging each other

Governor

State constitution vests “supreme executive power” in the governor

Governor runs most of the state departments, agencies, commissions, etc., that form the bureaucracy

Governor’s Roles • Head of State

– Delivers “State of the State” address– Receives visiting dignitaries– State’s official liaison to Washington, D.C.– Works with other governors

• Chief Executive– May issue executive orders to state employees– Appoints administrators to key posts

• Chief of Security– Commander-in-chief of California National Guard– Controls Army National Guard– Air National Guard– State Military Reserve

Governor and the Judiciary

Nominates judges subject to approval by Judicial Council

Can commute (lessen) sentences and grant pardons

Commutation of death penalty to life in prison can be moral dilemma

Governor and Legislation Legislative Roles

Monitors bills; weighs in on important issues Signs or vetoes legislation passed by the legislature Can carry out a Line-Item Veto, which is signing a bill and:

1) deleting text in the bill or 2) reducing a dollar amount to zero in the bill or 3) reducing a dollar amount to less than the legislature authorized

(cannot increase an amount authorized) May call special sessions of the legislature to consider

pressing issues Can set special elections

Budgeting Power Oversees the Department of Finance, the state’s

clearinghouse for financial and demographic information, which sets the budget according to Governor’s priorities (budget must be passed by the legislature, but after legislature passes budget, the governor can Line-Item Veto)

Sources of the Governor’s Power Institutional sources of power

State constitution Whether political party in either house

shares the governor’s partisanship, & cohesiveness of parties

In lawmaking there is only one governor, but 120 legislators, so decision making is easier for the governor

The governor is elected by the entire state, so can claim to represent the entire state

Sources of the Governor’s Power Personal sources of power

Power of persuasion or charisma Ability to strategically use the media Perception of having a mandate Strength of ideology and partisanship, shared

either with the legislative parties or the majority of Californians

Governor is national political figure, often considered for Presidency

Governor runs the state bureaucracy Implements state programs and policies Includes major councils, boards, commissions,

offices, and 7 “superagencies” that house related administrative organizations 232,000+ state employees EXAMPLE: Dept. of Corrections & Rehabilitation is led

by an appointed secretary and contains: Adult Operations Division, Adult Programs Division, Board of Parole Hearings, Board of Juvenile Parole Hearings, Corrections Standards Authority, Juvenile Justice Division

Includes 320 boards/commissions that regulate professions, industries, categories of activities EXAMPLES: University of California Board of Regents;

Coastal Commission

Statewide Elected Officials

All are elected on their own and are not controlled in any way by the Governor

Lieutenant Governor Can act as governor when governor is physically out of

the state (doesn’t happen often) On board of UC Regents Often attempt to run for governor, not that successful

recently (most recent Davis in 1998; Bustamante failed in recall, 2003, )

Attorney General Makes legal decisions for the state Carries out appeals for county and city district attorneys

Statewide Elected Officials

Secretary of State Supervises statewide elections, business registration Historically “career” position Today involved with verifying that voting systems cannot be

hacked, assure confidence in voting systems Insurance Commissioner

Became elected office as a result of prop 103 (1988) Oversees insurance industry, especially auto insurance,

approves rates Superintendent of Public Instruction

Implements high school exit exam, statewide data collection Can give some direction for K-12 education But, most K-12 issues decided by local school boards

Statewide Elected Officials Treasurer

Responsible for investing money held by California

Responsible for some of the largest investment funds in the world, especially CA employee pension funds

Controller Responsible for determining how much money

California actually has, important during budget negotiations and crises

Board of Equalization (four members plus Controller) The board sets policies for how taxes will be

collected, especially sales tax and gas tax (but does not set tax rates, legislature does that)

Consequences of a Plural Executive

Loss of accountability Difficult to assign blame, except to the governor Competing ambitions

Splintered authority can mean lack of cohesive state policies Executives can represent any party; typically a mix of

Democrats and Republicans Governor has no power over other executives and their

plans/agendas No centralized planning in the executive branch

Greater chance for an executive’s targeted initiatives to take root Each official brings an agenda but also expertise

More opportunities for term-limited officials to serve in other capacities

Recent Statewide Politics Mostly Republican Governors, but trending

Democratic Reagan, Deukmejian, Wilson, Schwarzenegger But, Jerry Brown, current governor, is Democratic

Democratic control of Legislature Willie Brown, (15 years speaker of Assembly -- height

of “speaker’s system”), short term Democratic Speakers since then, maybe “speaker’s system” returns

Major issue is the State Budget Until recently depressed economy has not brought in

enough money to pay for current services Economy beginning to pick up, so conflict over which

groups should benefit as money collected increases Democrats want to restore services that were cut Republicans want to lower taxes