Baby Steps

Salt Lake City Temple

If you look back in the archives of the site you’ll find a heated discussion on several posts regarding the California Proposition 8.  While I opposed Prop. 8, and still do, and the LDS church’s involvement in it is what ultimately convinced me to have my name taken off their records I still held out the hope that the Church would come around on their LGBT stance, as they did with Blacks in the Church.

It seems that a small step toward fully accepting LGBT into the Church has been taken.  The Mormon church still thinks homosexual relationships and acting on homosexual thoughts is still a sin, but they no longer consider thoughts of such activities a matter for confession and therapy.  This seems like a tiny, inconsequential step, and in many ways it is.  But, it’s also a big shift from what has been standard church policy and not what I expected from a Church run by conservative, old, white men.

I’m hopeful that this is a first step and that as LGBT’s rights are recognized in the United States and across the world the LDS Church will continue to revise its procedures and statements until one day one of their prophets has the revelation that God loves LGBTs just as much as he loves the rest of us.  If it doesn’t then the hope and nostalgia I still carry for what was a very large part of my life will die as will my respect for an organization that does a great deal of good work in this world.

I’m hopeful it won’t come to that though.  They have taken this step and they’ll eventually take the others and the hateful bigots who hide amongst the many good people in the LDS church will have to find a new way to cover their hate.

You can call me a dreamer, that’s okay I’m in good company.

How I’m Voting: California Propositions

There are nine propositions on the ballot in California this fall ranging from such issues as legalized marijuana and climate change.  If you’re not a Californian, or simply one that doesn’t pay any attention to politics here’s the skinny:  California is one of 16 states that allows voters to put measures on the ballot that if approved by a majority of voters go directly into law.  It is one of the few forms of direct democracy available here in the United States, and like all things it has both positives and negatives.  That is a conversation for another day.  This post is how I will be voting on the proposition this November 2, if you wish, you can take it as my recommendations if you wish or you can ignore it, you can even leave nasty (or positive, I’d prefer positive) comments below.

Proposition 19 – Legalizes marijuana under California but not Federal law.  Permits local governments to regulate and tax commerical production, distribution, and sale of marijuana – YES. I’ve long thought that the ‘war on drugs’ has done little to reduce drug use in this country and has instead rapidly militarized law enforcement.  Eliminating prohibition will eliminate the stigma from these drugs as well as allowing for proper oversight and regulation.  Funds that have been spent to imprison non-violent drug offenders can instead be used on rehabilitation of addicts.

Proposition 20 – Redistricting of Congressional Districts – NO. I’m not a fan of gerrymandering myself, but I don’t see how giving the power to draw districts to a committee that has no responsibility to the people will help.  Voters can, and do, punish their elected representation when they do things they don’t agree with.  The redistricting commission is not accountable to the public.  I’m not adverse to coming up with new ways to draw districts, I’d even support a commission if its members were electable officials, I don’t think this is the right answer.

Proposition 21 – Establishes $18 annual vehicle license surcharge to help fund state parks and wildlife programs.  Grants surcharged vehicles free admission to all state parks – YES. California has 278 state parks many of which are in desperate need of funding for maintenence and rehabilitation/conservation projects.  The recent fiscal difficulties has reduced already minimal funding of these parks.  California’s wildlife and parks are a state treasure and all Californians should help in paying for their upkeep.  This proposition eliminates entry/use fees for visiting State parks and allows all Californians who register their vehicles here to use while at the same time upkeeping them.

Proposition 22 – Prohibits the state from borrowing or taking funds used for transportation, redevelopment, or local government projects and services – No. One of the reasons it is so difficult for state legislators to forge a budget is because of how little control the legislature has over how moneys are spent.  Through the iniative system   the electorate has increasingly limited the ability of legislators to craft a budget without resorting to such gimmicks as “raiding” transportation or local government project funds.  California’s structural organization does need serious reform, especially unhitching municipal, city, and county funding from state funding.  Prop. 22 isn’t the answer though.  If this measure passes funding that would normally support education and health services will instead be used to balance the budget.

Proposition 23 – Suspends implementation of air pollution control law (AB 32) requiring major sources of emissions to report and reduce greenhouse gas emissions that cause global warming, until unemployment drops to 5.5% or less for a full year – No. If you believe thay global climate change is a conspiracy or a lie than nothing I say here is going to change you.  The most I can do is recommend that you begin studying the literature on the subject (primary sources please) and decide for yourself.  There are lots of arguments back and forth, I’m not going to get into them there.  All I’m going to say is that someone has to start somewhere and historically that someone has been California…

Proposition 24 – Repeals recent legislation that would allow businesses to lower their tax liability – YES. Closes tax loopholes and maintains some level of balance in how taxes are paid in state.

Proposition 25 – Changes legislative vote requirements to pass budget and budget-related legislation from two-thirds to a simple majority.  Retains two-thirds vote requirement for taxes – YES. Will make the party with the majority in the two legislative houses truly responsible for the budgets the make and will end endless obstructionism by the minority party.  It will also force the minority party to actually create some form of platform that will win votes with the Californian people instead of holding the entire state hostage every year.

Proposition 26 – Requires that certain state and local fees be approved by two-thirs vote.  Fees include those that address adverse impacts on society or the environment cause by the fee-payer’s business – NO. Why would I want to create more gridlock in Sacramento?  Why would I give corporations a free pass to offload the costs of environmental destruction onto the citizens of California?  These fees pay for the damage these businesses do.  These aren’t hidden taxes this is paying for the costs of the damages created through business.

Proposition 27 – Eliminates state commisiion on redistrictin.  Consolidates authority for redistricting with elected representatives – YES. For the same reasons I’m voting NO on Prop. 20.

From Idea to Law: Making Legislation in California Part 2

Part two of a multi-part project explaining how laws are made in California.

part 1 of this series can be found here.

 

The Duty of a Senator is to guard the liberty of the Commonwealth
The Duty of a Senator is to guard the liberty of the Commonwealth

Part 2.  The Policy Committee Process

In Part 1 I described how legislators introduce bills into their respective houses and the first few steps of the legislative process.  We left off with bills being assigned by the Rules Committee to a policy committee that.  The policy committee is where the public has an opportunity to address the legislature concerning each bill and legislators have the opportunity to question the bill’s author and those who support or oppose the bill.  Policy committees each cover a specific policy field and are staffed by legislators interested in that field.  The Assembly has 26 policy committees (and two fiscal):  Aging and Long-Term Care; Agriculture; Arts, Entertainment, Sports, Tourism, and Internet Media; Banking and Finance; Business and Professions; Education; Elections and Redistricting; Environmental Safety and Toxic Materials; Governmental Organization; Health; Higher Education; Housing and Community Development; Human Services; Insurance; Jobs, Economic Development, and the Economy; Judiciary; Labor and Employment; Local Government; Natural Resources; Public Employees, Retirement and Social Security; Public Safety; Revenue and Taxation; Transportation; Utilities and Commerce; Veterans Affairs; and, Water, Parks and Wildlife.  The Senate has 19 policy committees (and 2 fiscal as well):  Banking, Finance and Insurance; Business, Professions and Economic Development; Education; Elections, Reapportionment and Constitutional Amendments; Energy, Utilities and Communications; Environmental Quality; Food and Agriculture; Governmental Organization; Health; Human Services; Judiciary; Labor and Industrial Relations; Local Government; Natural Resources and Water; Public Employment and Retirement; Public Safety; Revenue and Taxation; Transportation and Housing; and, Veterans Affairs.

Once a bill has been assigned to a policy committee it is put on the committees agenda (State law requires that 4 days notice be given for bill hearings) and the committee accepts letters from the public and private sectors regarding it.  At a committee hearing the author presents their bill and then those who are in support of the bill are allowed to make a presentation, and the public is allowed to comment.  Questions can and are often asked by committee members to the author and supporters of the bill,  debate often ensues.   After the supporters have finished presenting those who oppose the bill, if any, are given time to address the committee with their concerns, and proposals to remove their opposition to the bill.  After arguments for and against the bill have been heard the author gives a closing statement to the committee.  During the presentation of the bill amendments to the bill can be offered by committee members to the author, who can either reject or accept them, though bills can, and are, amended without the consent of the author.  Once discussion of the bill has ceased the Committee will vote on the bill.  If the bill receives a majority vote to pass it on, then it continues through the legislative process, if it fails passage the bill is dead.  Authors are generally granted reconsideration after a bill fails passage in committee, giving them time to talk to committee members and convince them to vote the bill out of committee.  Once a bill fails on reconsideration it is dead.

After a bill leaves a policy committee on a vote a number of things can happen.  If the bill has costs associated with it (over $250,000) it must go to the Appropriations committee before being heard on the floor (I’ll talk about this fiscal committee in a future post).  If the bill covers more than one policy area (say a bill about about college funding for Veterans that would be heard by both the Higher Education and the Veteran Affairs committees) it will go to the second committee it was referred to.  If the bill is going to be amended, it has to go to the Assembly desk to be amended, read a 2nd time, and then it goes to 3rd reading or referred back to committee.

If you remember from the first post every bill has to be read three times before moving out of its house of origin.  Next time I’ll explain 2nd and 3rd reading and talk about the two fiscal committees.

From Idea to Law: Making Legislation in California Part 1

An attempt to explain the legislative process in California

It is the duty of the Legislature to create Just Laws
It is the duty of the Legislature to create Just Laws

Part 1. Bill Creation and Introduction

Writing all this down is such a hassle and a poor way to explain a fairly involved process, I tried to draw a flowchart that would show just how the system works but either I’m very bad at using simple graphic programs (unlikely) or the makers of flowchart software like their programs being unintuitive and overly complicated (more likely).  So until I can figure out these arcane and obscure drawing programs I’ll have to use words to paint this picture…

Like everything legislation (laws, bills, statues, code, etc.) starts out as an idea.   Most of these ideas come from regular people like you and me (or organizations of regular people like you and me) who’ve taken that idea to their state representative, either an Assemblymember or Senator (find your’s here), and convinced them to try and make a law based on it.  Or the member has their own ideas (truly?!)  Once a legislator has an idea they fill out a form that explains what they want the law to do and how they want it implemented and hand that over to the Legislative Counsel of California. Leg. Council is the team of lawyers and attorneys who work for the Assembly and Senate, they do legal research, draft the actual bill language, find out where in statute it’d fit, conflicts that your new law would create, tell you if a similar law already exists or has been attempted before, etc.  In rare instances they serve as the actual lawyers for members of the Legislature if the they need legal representation, counsel, etc.

Once all the legal book work has been done the draft bill is returned to the legislator for review (by him/her or the people (individuals, interest groups, lobby groups) who originated the idea).  If there are problems the draft is sent back to Lg. Council for correction.  Once the bill has been drafted to the author’s satisfaction the bill (the actual physical document with the author’s signature is delivered to the desk (either Senate or Assembly).  The bill is assigned a number (bills are numbered on a first come-first served basis) by the Chief Clerk, for the Assembly, or the Secretary (Senate).  Once the bill has been assigned a number it is read for the first time at the desk, the California Constitution states that a bill must be read on three different days before it is passed out of a house (this can be suspended with a vote of 2/3 of the body).

Once a bill has been introduced and read for the 1st time, it goes to the Rules Committee where it is assigned to a policy committee for debate and public comment.  The bill is then sent to the State printer to be printed.  Bills cannot be acted on until after 30 days  from their introduction and printing. This gives citizens, policy institutes, and legislators and their staff time to read and understand each bill before it is taken up in a policy committee.

Next post I’ll explain the policy committee process, describe the various Senate and Assembly policy committees, and how bills are amended.

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