Strengthening the California Legislature

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Strengthening the California Legislature

• Senate and Assembly Select Committees on
• Improving State Government
• October 22, 2009
• Karl Kurtz
• National Conference of State Legislatures

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Principles of Rules Changes

• No such thing as perfect rules
• Purposes of rules
• Facilitate deliberation, negotiation, compromise
• Promote transparency and public trust
• Allow majority to rule
• Protect minority rights
• Most changes involve trade-offsand unintended
  consequences
• Rules should follow practices
• and practices should follow rules

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The Political Rules of Rules

• Golden rule of politics He who has the gold
  rules
• Most rules can be gamed
• NCSL has no position

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Setting Priorities for Legislative Sessions

• A function of leaders/caucuses in most states
• Varies by personality/style of leader
• Formal resolution on priorities likely to be
  controversial, partisan, divisiveand whats the
  result?
• Ohio House Democrats
• Nebraskapriority setting by individual members,
  committees

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Bill Limits Pros and Cons
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Bill Limits Examples

• Not used by most full-time legislatures
• Colorado5 bills per legislator, only 2 after
  Dec. 1 deadline Committee on Delayed Bills
• Florida6 bills, only 4 after 6 weeks before
  session
• Many states allow unlimited bills before session,
  strict limits after conveningIN, LA, MT, TN

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Committee Control of Bills

• Only 22 of 99 chambers require a hearing on all
  bills
• Discretion usually with committee chairs
• Potential abuse of power by chair
• Potential problem of protecting minority rights
• N.Y. Senate example

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End of Session Logjams

• Logjams part of human natureprocrastination
• Part of negotiation/bargaining process
• Can be mitigated but not eliminated
• Legislative time management strategies
• Pre-session bill filing
• Effective deadlines
• Assertive leadership, disciplined membership
• Change/work around Cal. 30-day rule?

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Gut and Amends

• In common use in statesHoghousing, Catfish,
  Strike-everything, Strip and replace
• Problem of transparency/public trust
• Aids negotiation/compromise
• Mitigation strategies
• Pre-filing requirements
• Germaneness rules

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Condense Session Time

• More effective time management improves public
  image
• Allows time for oversight work
• But oversight more dependent on commitment and
  culture
• Florida Legislature
• Organizing session in November, recess until
  March
• Committees hears/act on on bills as introduced,
  Dec-Feb
• Bill filing deadline 1st day of session
• 60 day session in 1st year
• Committee hearings for 2nd session, Oct-Dec
• 60-day session in 2nd year

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Giving Priority to Budget over Policy Bills

• Postponing policy review until budget adopted
• Create suspense calendarsholds policy committee
  recommendations until after budget
• Common problem of meshing policy/money decisions
• Del., N.C. examples
• Concern not to eviscerate deliberative functions
  of policy committees

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Other Ideas

• Changes in term limits
• Six-month session
• Legislative review of administrative regulations
• NCSL prepared to help