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
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