As Assembly Speaker Anthony Rendon’s Power Grew, So Did His Wife’s Income

When California Assembly Speaker Anthony Rendon (D-Lakewood) steps down from his powerful post at the end of the month, he’ll leave behind a legacy as one of the state’s longest-serving legislative leaders, having helped Democrats secure stronger labor protections for gig workers, launch universal preschool and extend a marquee program to combat climate change during his seven-year tenure.

Off the Assembly floor, Rendon is also one-half of a political power couple that includes Annie Lam, a successful consultant and nonprofit executive who’s dedicated her career to diversifying California politics and other institutions of power.

The two have flourished together during Rendon’s unusually long time as speaker. He’s held the position longer than anyone but Willie Brown, who led the Assembly in the 1980s and 1990s.

As Rendon’s influence grew, financial and lobbying disclosures show that Lam’s consultancy business similarly boomed. Over the years Rendon served as speaker, Lam has founded a nonprofit, taken on several new clients and became the executive director of six total organizations, work that allowed her income to swell and public profile to soar.

Though Lam is not a lobbyist, she is paid by an organization that lobbies the Legislature. The League of California Cities has reported paying Lam’s business nearly $600,000 over the last year and a half as it lobbied lawmakers on bills related to housing, homelessness and public safety.

The arrangement is legal, and Lam said her success has nothing to do with her husband’s job. Rendon said his wife’s employment has not affected his decisions as speaker or how he votes on legislation. A spokesperson for the League of California Cities said Lam helps support the group’s diversity goals and does not lobby on bills.

The lofty payments to Lam and her proximity to one of the most powerful politicians in California have raised questions about the potential for spouses to profit from their partners’ public service and create conflicts of interest in the state Capitol.

“It’s not a terrible thing for her to be employed in that way, presuming that she has that expertise to give that advice,” said Ann Ravel, a former member of the Federal Election Commission and former chair of the state watchdog agency, the California Fair Political Practices Commission.

“But what it comes right down to is a question of ethics, and a question of whether or not it’s impairing the ability of the elected official to be impartial and to make decisions that are in the best interest of the state when there is this financial impact on him.”

This is not the first time interests that lobby California politicians have forged financial ties with political spouses, prompting concerns about undue influence. Senate leader Toni Atkins, Gov. Gavin Newsom and Atty. Gen. Rob Bonta, all Democrats, have faced similar scrutiny, while several lawmakers are married to people who work for organizations that lobby the Legislature or have a financial stake in legislation.

In Rendon’s case, while his voting record shows he was not always aligned with the League of California Cities’ positions, Lam earned significant sums from several of the group’s caucuses. More broadly, Rendon’s financial disclosures show that Lam’s income grew as he gained power.

A career on the rise

In 2016, the first year he served as speaker, Rendon’s statement of economic interests showed that his 50% share of Lam’s income ranged from $10,001 to $100,000. By 2018, Rendon’s share had exceeded $100,000, meaning Lam’s business was raking in more than $200,000. It’s unclear exactly how much Lam was making, because disclosure forms only require lawmakers to report an income range.

For more than a decade, Lam has contracted with the League of California Cities, or Cal Cities, to provide consulting services as executive director to three of the organization’s diversity caucuses. She went to work for the Asian Pacific Islander Caucus in 2013, then took on the Women’s Caucus in 2017 and the LGBTQ Caucus four years after that, according to Rendon’s filings. The caucuses operate as branches of Cal Cities that advocate for issues important to city council members and other elected officials who identify with those populations.

Cal Cities is a regular fixture in the Capitol because it lobbies for the interests of hundreds of local governments that want to shape policy concerning housing, homelessness, public safety and labor regulations. While it has scored some significant wins — successfully blocking a bill to create social housing last year and fighting for $1 billion to be allocated in the state budget to alleviate homelessness — Cal Cities doesn’t always prevail. In recent years, as the state grapples with a worsening housing affordability crisis, lawmakers have pushed back on cities’ demands to maintain local control.

Lam shows up on Cal Cities’ lobbying disclosures, in a section where the organization must detail any expenses that benefit “in whole or in part” elected officials or their immediate family members.

Over the last year and a half, Cal Cities paid Lam’s business $599,932.26, the lobbying reports show. The payments range from $3,000 in a single quarter to more than $188,000, but frequently top $75,000 over a three-month span and compete with how much Cal Cities pays its lobbyists. During the first three months of this year, Cal Cities paid Lam’s business more than $93,000 while it paid roughly $110,924 combined to multiple lobbyists.

Cal Cities did not report how much it paid Lam’s business prior to the final quarter of 2021, when it formally recognized the diversity caucuses as “sub-units” of the organization in its bylaws.

“I have been successful in my two-decade career because I am great at my job,” Lam wrote in an email to The Times. “I have worked hard over the past 20 years to develop my expertise. My accomplishments are my own, and my career is my own, which I started prior to marrying my husband. I love my husband, and I’m proud of him. But this is my career. I stand on my own abilities, accomplishments, and successes.”

Lam’s career in Sacramento began in the early 2000s, when she worked in the offices of Assemblymembers Judy Chu, now in Congress, and Mike Eng, Chu’s husband. In launching her consulting business, Lam has worked to promote Asian and Pacific Islander representation in politics and elevate women and other marginalized groups into power.

Rendon’s record as speaker

When it comes to policy and budget decisions he makes as speaker, Rendon’s record supporting Cal Cities is mixed. In some instances, he has split with Cal Cities’ legislative positions and voted for bills they oppose.

He helped shepherd a deal last year on two housing bills that Cal Cities opposed, effectively clearing the path to Newsom’s signature. The year before, Rendon voted for another controversial housing measure that Cal Cities also opposed, which narrowly passed his chamber. He also voted for bills to eliminate minimum parking requirements in certain neighborhoods close to public transit, which Cal Cities said it “actively fought against,” and another measure that makes it easier for homeowners to build accessory dwelling units, also known as granny flats or casitas.

In other instances, Rendon has advanced Cal Cities’ goals. As speaker, he has enormous power to shape the state budget. Cal Cities trumpeted its success in a 2022 year-end report, which celebrated securing billions of dollars in the 2022-2023 budget to help local governments mitigate homelessness, comply with recycling regulations, increase the behavioral and mental health workforce, revitalize public libraries, fund environmental and green energy initiatives and increase the affordable housing supply, among other priorities.

Rendon led the Assembly to approve a sweeping and controversial new program that Cal Cities supported over objections from civil libertarians and advocates for people with disabilities. The program, called CARE Court, will compel Californians struggling with mental illness and addiction into treatment. Rendon also routinely aligns with Cal Cities by supporting many less controversial bills the organization lobbies for. Last year, that included new laws that gave local governments more time to comply with composting requirementscracked down on catalytic converter theft and added resources for first-responder suicide prevention.

“I vote for bills based on the policy itself,” Rendon said.

“Annie doesn’t lobby,” Rendon said, adding that his wife’s success “has to do with her hard work and her talents and the fact that she has been working in politics since before we met.”

“She’s hard-working, she’s intelligent, she’s experienced. She’s worked in this realm before I worked in this realm,” he said.

Ravel said Rendon’s voting record indicates some independence, even though he’s economically benefiting from Lam’s work with the caucuses.

“I think it does matter that he has done that, and that’s a plus,” Ravel said of his votes against Cal Cities’ positions.

Jessica Levinson, a Loyola Law School professor and political ethics expert, urged caution against assuming that Lam’s work is inappropriate just because she’s the speaker’s wife.

“I think we should be really careful about saying spouses are engaged in unethical behavior simply because they are working in a related space and doing well financially,” Levinson said. “My question would really be, what is market for what she’s doing and is she somebody you would hire regardless of who she is married to? If the answer is she is being paid an enormous amount of money and that’s fair market and she’s qualified to do that, then I don’t have big ethical concerns.”

Cal Cities spokesperson Rachel Vincent said Lam’s payments were negotiated separately with each caucus within the organization. Vincent did not answer a question about how much Cal Cities pays other consultants who work with the organization’s caucuses.

“The support services provided by Ms. Lam’s consulting company to the diversity caucuses are not provided for the purpose of helping Cal Cities achieve its policy goals,” Vincent said in an email.

Lam said her work for the three caucuses focuses on “program management, internal organization and governance, membership, and other caucus matters,” and that she has one or two staff members’ help to handle the workload.

“I do not report to Cal Cities — and to be clear I don’t always agree with Cal Cities,” she said. “I report to the three diversity caucuses.”

A push for transparency

Even as Rendon and Cal Cities have seemingly complied with reporting requirements, experts say more can be done to ensure greater transparency from elected officials. That includes modifying the annual statements of economic interest to require additional details on how much their spouses or they themselves are making on work outside the Capitol, rather than asking them to check a box with a range. That could provide the public greater insight into their personal wealth and financial interests.

“It is really important to have some specificity,” Ravel said. “Because just checking off $100,000 or more, it could be millions. So people are really not getting the information that they need to assess whether that amount of money — and the amount of money is significant — has created some kind of a conflict.”

Those transparency changes could have a ripple effect beyond Rendon and Lam.

Reports from both The Times and the Sacramento Bee found that companies lobbying Newsom’s office also helped fund his wife’s nonprofit and salary. Another analysis by The Times found that as Senate President Pro Tem Toni Atkins’ clout grew in the Capitol, her wife’s consulting business similarly soared.

Then-Assemblymember Rob Bonta, now California’s attorney general, founded a foundation while he was in the Legislature that gave $25,000 to a nonprofit where his wife was earning a six-figure salary as CEO, according to a 2020 CalMatters investigation. And a 2021 Sacramento Bee report found that corporations with business before the Legislature were donating to nonprofits connected to Lam.

“Money finds a way in politics,” said Sean McMorris, a program manager at the good-government group California Common Cause.

“Both the politician that is in power and the spouse that is potentially operating in the same field or sphere, they’re going to be much more scrutinized about why they are doing what they do and why they are making the amount of money that they do. And there’s also going to be questions about is that money going to influence potentially, either explicitly or implicitly.”

Rendon’s tenure as speaker is slated to come to an end later this month.

Click here to read the full article in the LA Times

Gavin Newsom and Impending Tax Increases

Gavin newsomIn his successful campaign for governor Gavin Newsom promised to advance a number of programs like universal pre-school, health care for all and education that will be costly. Where does he get the money while also considering how to reform the state’s tax system?

Shortly after the election, fellow Democrats, including Assembly Speaker Anthony Rendon are also talking tax increases.

If the Democrats secure the two-thirds supermajority in the legislature required to raise taxes—which appears likely at this time—the foundation will be in place for tax increases.

In a state notable for decades as the home of tax resisters, there are signs that voters may not object. In the last few statewide elections voters have raised income and sales taxes and rejected repeal of gas taxes and extending property tax breaks.

On the local level, voters continually vote to raise numerous taxes.

How many more tax increases are in the future and where will Newsom draw the line?

Is Newsom planning on confronting Proposition 13 when the split roll appears on the 2020 ballot—a position his predecessor, Jerry Brown, avoided?

Newsom is already listening to Senator Bob Hertzberg, re-elected Tuesday, to consider an overhaul of the entire tax system that would include some form of service taxes. If Newsom wants to spend political capital on such an ambitious effort it would likely come soon.

However, Newsom has said such an effort would take time. Look for another tax reform committee to be formed—which would be the fourth such committee over the last 20 years.

Or the incoming governor could rely on Hertzberg’s connection with Nicolas Berggreun’s Think Long Committee to do the heavy lifting on formulating a tax reform plan….or cut an overall tax package deal in the legislature that could include a move on commercial property taxes.

Another question: Will tax reform venture into the difficult area of spending issues, particularly the cost of pensions?

And what happens if the economy turns sour? Are all bets off on reform…or is that the time to go for it considering California’s current tax structure was birthed in the gloom of the Great Depression.

Look for early signs on tax questions in the budget and official announcements from the governor’s office.

This article was originally published by Fox and Hounds Daily

California Ends Cash Bail For Pre-Trial Incarcerations

Los Angeles County Sheriff's deputies inspect a cell block at the Men's Central Jail in downtown Los Angeles Wednesday, Oct. 3, 2012. Los Angeles County Sheriff Lee Baca says he plans to implement all the reforms suggested by a commission in the wake of allegations that a culture of violence flourished in his jails. (AP Photo/Reed Saxon)

Gov. Jerry Brown signed legislation Tuesday that makes California to be the first state to abolish cash bail for pre-trial incarcerations.

Brown was surrounded by Assembly Speaker Rendon (D-Los Angeles), Senate President pro Tempore Atkins (D-San Diego), California Supreme Court Chief Justice Tani Cantil-Sakauye, and others at the “SB 10: California Money Bail Reform Act” signing ceremony.

Brown described the new law, which takes effect on October 1, 2019 as establishing a pre-trial system that allows judges to determine a defendant’s custody status based on a non-monetary assessment of public safety risk and the probability of the defendant missing a court date. Brown added: “Today, California reforms its bail system so that rich and poor alike are treated fairly.”

Each of California’s 58 counties will establish local agencies that will set up a criteria for low, medium and high likelihood of an individual arrested on felony charges showing up for court hearings or being rearrested if released on their honor, according to the Sacramento Bee.

Low-risk evaluations would result in release with the least restrictive nonmonetary conditions; medium risk terms would be determined according to local standards. But high-risk evaluations — those having previously violated conditions of release; having been arrested for a violent felony, or sex crime; having a third DUI within 10 years; or being already on probation — would not be eligible for pre-trial release.

Brown honored the pledge he made last year to work with the Democrat-controlled legislature and Supreme Court Chief Justice Cantil-Sakauye to pass the reform before leaving office in January, according to the Los Angeles Times.

The American Civil Liberties Union (ACLU) launched its Campaign for Smart Justice last December to abolish money bail, which it considers a predatory system that allows people to sit in jail awaiting trial simply because they are too poor to afford the cost of their release.

The ACLU and California progressives pointed to bail injustices revealed in a New York City Criminal Justice Agency study that found non-felony conviction rates jumped from 50 to 92 percent for those jailed pre-trial, while the felony rate jumped from 59 to 85 percent.

But the ACLU announced on August 20 that it had changed its position and was opposed to the amended version of SB 10 with an overly broad presumption of preventative detention that “is not the model for pretrial justice and racial equity that the ACLU of California envisioned.”

The Times reported that Republican Senator Ted Gaines (R-El Dorado Hills) said that eliminating bail would put a big financial burden on California’s 58 counties, and expects that SB 10 will be overturned in constitutional challenges in the courts.

Chief Justice Cantil-Sakauye praised SB 10 as a “transformative day for our justice system” and thanked the “judges in my Pretrial Detention Reform Work Group to bring about a fair and just solution for all Californians.”

This article was originally published by Breitbart.com/California

Democratic Assemblywoman Cleared of Harassment is Still Not Out of the Woods

Cristina GarciaThe “Me Too” anti-sexual harassment campaign that quickly yielded several resignations by state lawmakers last fall appears to have hit a lull in Sacramento with Assemblywoman Cristina Garcia, D-Bell Gardens, now seemingly on track for re-election this November despite scandalous allegations. But new twists may loom.

Garcia, 40, appeared doomed to a primary defeat two months ago. She took a voluntary leave of absence after she was accused of groping a then-legislative staffer four years ago; making inappropriate comments to a lobbyist; playing “spin the bottle” with staffers; and of using racist and homophobic language. The perception that she was a weakened candidate led the State Building & Construction Trades Council of California – which supported her in 2014 and 2016 – to oppose her primary bid.

But between a preliminary probe finding no evidence for the most serious allegation against Garcia – that she groped a staffer – and the strong support of Assembly Speaker Anthony Rendon, D-Paramount, Garcia finished first in her June 5 primary. She got 29 percent of the votes to 27 percent for Republican activist Mike Simpfenderfer, a mortgage banker. The other five candidates in the race, all Democrats, split the remaining 44 percent of the vote.

Last week, however, saw two developments that suggested Garcia wasn’t out of the woods yet. The first came when the Assembly agreed to consider an appeal of its finding clearing Garcia of groping former legislative aide Daniel Fierro, who now works as a Los Angeles County political consultant. Fierro sought the appeal last month amid grumbling that the initial investigation of Garcia was released even though it was incomplete.

This concern may have been a factor in the second development: the call from two Democratic lawmakers for a much more transparent and responsive approach to allegations of misconduct involving state lawmakers and staffers.

Anti-gay, anti-Asian remarks could haunt Garcia

State Sen. Holly Mitchell, D-Los Angeles, and Assemblywoman Laura Friedman, D-Glendale, said existing efforts to respond to sexual harassment don’t go nearly far enough to take on a “toxic” culture in the Capitol. They proposeestablishing a new investigative unit that would focus only on discrimination and harassment complaints; would handle probes for both the Assembly and the Senate; and would rely on an independent committee of experts to recommend punishment for those found guilty of wrongdoing. Legislators, however, still would have the final say on what if any penalties were assessed.

But the Mitchell-Friedman proposal targets not just the behavior that Garcia has so far been cleared of but behavior of the sort the Assembly probe found she had engaged in: using homophobic slurs to describe fellow Los Angeles County Democrat John Perez, the Assembly’s first openly gay speaker, and of threatening violence against Asian-Americans after some Asian-American lawmakers balked at affirmative-action proposals that they thought would help some minority groups but not their own.

“The proposed policy … aims to spur a shift in how people in the Capitol community speak and act toward each other,” the Associated Press reported. “It encourages people to report minor incidents such as insensitive comments all the way through more aggressive acts of misconduct.”

Rendon’s decision to defend Garcia while still appearing strongly sympathetic to the Me Too movement has been complicated by comments that suggest he thinks Garcia’s larger record of legislative priorities and accomplishments should matter in judging her behavior. Similar suggestions made in defense of former President Bill Clinton and now-former Rep. John Conyers, D-Michigan, triggered a furious backlash.

Rendon entered this territory in April when he denounced the building trades unions for seeking to replace Garcia with other Democrats whom Rendon said would be more willing to challenge aggressive environmental policies touted by Gov. Jerry Brown and all the party’s legislative leaders. A spokesperson for the unions said their opposition to Garcia was prompted not by her strong environmentalism but by sympathy for her alleged victim and a belief another candidate would better reflect the values of the 58th Assembly District.

But Rendon rejected the claims in a blistering statement posted by the Sacramento Bee in which he called the unions’ maneuvering “a thinly veiled attempt by Big Oil and polluters to intimidate me and my members,” “ an affront to my speakership” and an “ill-advised political attack.”

This article was originally published by CalWatchdog.com

Another Democratic Assemblyman Abruptly Retires

Assemblyman Sebastian Ridley-Thomas abruptly announced his resignation from the California Legislature on Wednesday, citing health reasons.

Ridley-Thomas, a Democrat from Los Angeles, informed Speaker Anthony Rendon (D-Paramount) Tuesday night.

“The reason for this difficult decision is that I am facing persistent health issues,” Ridley-Thomas, 30, said in a written statement on Wednesday. “On December 18th, I underwent surgery for the fifth time this year. Although I expect a full recovery, my physicians advise that I will need an extended period of time to recuperate.”

Earlier this year, Ridley-Thomas was absent from work for more than two weeks. Staff members initially said the absence was a personal leave, then said the time off was due to unspecified medical reasons. His resignation letter on Wednesday offered no additional details. …

Click here to read the full article from the Los Angeles Times

Summer of discontent continues to rage for California progressives

In this photo taken Monday, Dec. 5, 2016, California Assembly Speaker Anthony Rendon, D-Paramount, third from left, flanked by Senate President Pro Tem Kevin de Leon, D-Los Angeles, right, and other Democratic lawmakers, discusses a pair of proposed measures to protect immigrants, during a news conference in Sacramento, Calif. California is among the states that voted for Hillary Clinton and that could find themselves at odds with President-elect Donald Trump on such issues as immigration, health care and climate change. Rendon said the intent of the legislation is to put a "firewall" around Californians. (AP Photo/Rich Pedroncelli)

The California progressive movement’s summer of discontent continues, with anger still on display over the abrupt withdrawal of a single-payer health care bill and over the May election of a party insider as California Democratic chairman.

This week, the Associated Press reported that progressives remain interested in pursuing a recall campaign against Assembly Speaker Anthony Rendon, D-Paramount, (pictured) for his decision to kill Senate Bill 562, the Healthy California Act. Los Angeles activist Steve Elzie is a lead organizer.

The California Nurses Association last month paid for two mailers to be sent to constituents in Rendon’s Los Angeles County district blasting him for “holding health care hostage” and “protecting politicians, not people’s health care.” The mailers urged constituents to complain to Rendon’s offices over the decision, but did not advocate a recall.

That decision may reflect that CNA President RoseAnn DeMoro – who initially led the criticism of Rendon – has realized how difficult it would be to ultimately remove him from office.

Obtaining the 20,000-plus signatures needed to trigger a recall election might not be much of a problem, given that single-payer champion Bernie Sanders got 44 percent and 48 percent of the vote in the June 2016 Democratic presidential primary in California’s 38th and 47th Congressional Districts, respectively. The districts cover much of Rendon’s 63rd Assembly District district which includes parts or all of Commerce, Bell, Lynwood, Paramount and Lakewood.

But Rendon has gotten at least 69 percent of the vote in his three Assembly bids. He also has more than $1.2 million in his campaign war chest and has the support of other influential unions, meaning ready access to more donations and help campaigning.

Rendon killed SB562 because he said it failed to adequately identify how it would pay its $400 billion in annual costs to provide health care to every Californian.

‘Berniecrat’ still won’t accept loss in party chair vote

The other flap pitting the party establishment against “Berniecrats” also flared this week when Bay Area political organizer Kimberly Ellis launched a new salvo over her narrow loss for state party chairman to Eric Bauman, a nurse who has long been a fixture in Los Angeles County Democratic politics and was deputy to the last state chair, former Congressman John Burton.

At May’s state Democratic convention in Sacramento, Bauman held off a late surge from the lesser-known Ellis to win 51 percent to 49 percent. Ellis immediately challenged what she said were election irregularities, leading to a July recount in which 47 of about 3,000 ballots were thrown out but Bauman’s margin of victory was unchanged.

Ellis and her fellow Sanders’ supporters, however, still don’t accept the results.

On Tuesday, she called on the California Democratic Party to accept binding arbitration to determine who really won the May election. She hinted it was the only way the party could head off a lawsuit that she suggested last month was forthcoming if she were unhappy with how party officials handled her appeal, which continues this month with a hearing of the Democratic Party credentialing committee.

California Democratic Party spokesman Mike Roth said the party would stick to its rules, which don’t provide for arbitration.

“Ms. Ellis is now deep in her own end zone and throwing a desperate Hail Mary pass in hopes of changing the outcome of an election that she lost fair and square,” Roth said.

But Ellis’ “Vote for Kimberly” website remains unchanged and continues to feature sharp – if indirect – criticisms of Bauman for allegedly close ties to corporate interests.

This article was originally published by CalWatchdog.com

Jerry Brown, California Legislature, Reach Cap-and-Trade Extension Deal

carbon-tax-1California Governor Jerry Brown announced Tuesday evening that he had reached a deal with both chambers of the state legislature to extend the Golden State’s “cap-and-trade” program beyond its original expiration date in 2020.

Brown, Senate President pro Tem Kevin de León (D-Los Angeles) and Assembly Speaker Anthony Rendon (D-Lakewood) announced “a legislative package that will launch a landmark program to measure and combat air pollution at the neighborhood level – in communities most impacted – and extend and improve the state’s world-leading cap-and-trade program to ensure California continues to meet its ambitious climate change goals,” according to a statement released on the governor’s website.

The statement adds that the deal “includes AB 617 by Assemblymembers Cristina Garcia (D-Bell Gardens), Eduardo Garcia (D-Coachella) and Miguel Santiago (D-Los Angeles) and AB 398 by Assemblymember Miguel Santiago (D-Los Angeles) and is the product of weeks of discussions between the administration and legislative leaders with Republican and Democratic legislators, environmental justice advocates, environmental groups, utilities, industry and labor representatives, economists, agricultural and business organizations, faith leaders and local government officials.”

The cap-and-trade system sets an upper limit for carbon dioxide emissions, and then issues emissions permits that can be bought and sold by producers. The system applies an effective tax on emissions (one that some businesses would prefer to leave the state to avoid). Companies that are more energy-efficient can sell their permits for profit — a model that Tesla, for example, has used to pad its bottom line.

The legislation will have to proceed in the absence of former Assemblyman Jimmy Gomez, who will be sworn into Congress on Tuesday — more than a month after winning a special election to replace Attorney General Xavier Becerra in the 34th congressional district. Gomez had delayed the ceremony partly to make his vote available for a cap-and-trade extension deal.

The deal, as noted by Bay Area public radio station KQED, will include provisions to allow local communities to monitor air quality and industrial air pollution, without allowing them to regulate carbon dioxide emissions. Climate change activists often confuse the two phenomena, though one has little to do with the other: carbon dioxide is an odorless, colorless gas that is not harmful.

KQED adds that the deal also ends “a fire prevention fee largely paid by residents living in rural, Republican areas of the state.” That could indicate that Democrats struck an agreement with Republicans to vote for the bills.

Without Gomez, the Democrats will not have the two-thirds majority required to renew cap-and-trade without facing a state referendum. But with Republican votes, that obstacle will disappear.

Following last year’s passage of Proposition 54, which requires bills to be on public display for 72 hours before a vote, that could mean a vote on cap-and-trade could come as early as Thursday.

Joel B. Pollak is Senior Editor-at-Large at Breitbart News. He was named one of the “most influential” people in news media in 2016. He is the co-author of How Trump Won: The Inside Story of a Revolution, is available from Regnery. Follow him on Twitter at @joelpollak.

This article was originally published by Breitbart.com/California 

California single-payer health bill shelved – for now

Pills health careSACRAMENTO – Assembly Speaker Anthony Rendon, D-Paramount, an avowed supporter of single-payer health care, nevertheless announced last week that he was pulling the plug on a Senate-passed measure that would create such a system in California.

Rendon, who is holding the bill in committee, was only the proximate cause of AB562’s death. Its fate was sealed after a Senate floor analysis last month pinned its likely cost at $400 billion – more than three times the state’s entire general-fund budget.

“It didn’t make any sense,” Rendon recently told the Sacramento Bee. “It just didn’t seem like public policy as much as it seemed a statement of principles. I hope the Senate takes this chance to take the bill more seriously than they did before.”

According to its bill language, the Healthy California Act would “provide comprehensive universal single-payer health care coverage and a health care cost control system for the benefit of all residents of the state.” The measure would have tossed out California’s myriad systems of private, insurance-backed and government-funded health care and replaced it with a single, government-managed system run by a newly created state agency.

Such a massive change would demand volumes of detailed legislative language, yet the bill itself was remarkably brief and lacking in specifics. It even failed to include any explanation for how it would receive the necessary waivers from the federal government.

The Appropriations Committee analysis concluded the bill would lead to “increased utilization of health care services,” given that all residents would be free to “see any willing provider, to receive any service deemed medically appropriate by a licensed provider, and the lack of cost sharing, in combination, would make it difficult for the program to make use of utilization management tools such as drug formularies, prior authorization requirements, or other utilization management tools.” So all financial bets were off, given an expected – and probably massive – hike in demand.

To fund the $400 billion program, the Appropriations Committee concluded the state would have to raise about $200 billion in new tax revenues. That would mean a new 15 percent payroll tax, with no cap on the wages subject to the tax. Shifting any of those costs from taxpayers to enrollees would be impossible under provisions that prohibit “members from Healthy California from being required to pay any premium” or “from being required to pay any co-payment, co-insurance, deductible and any other form of cost-sharing for all covered benefits.”

State officials often argue about programs that spend millions of dollars, but had a surprisingly short debate about one that would cost hundreds of billions of dollars. One reason that might be is that Gov. Jerry Brown already had expressed deep skepticism about the measure. “This is called ‘the unknown by means of the more unknown,’” he told reporters in March. It was unlikely he would have signed it, especially given his concern about creating new spending programs. Critics argue that the governor’s public views gave Democrats a free pass to vote for it and assuage their political base while knowing it was unlikely to become law. Rendon’s comments to the Bee certainly give ammunition to those who saw the bill as a half-baked “statement” bill.

Support and opposition fell along predictable and partisan lines. Liberal interest groups, unions and Democratic politicians typically supported the bill, while conservative groups, taxpayer organizations and Republicans opposed it. Some groups expressed views similar to Rendon’s – supporting the single-payer concept but expressing concern about specifics.

The latter, cautious point of view won the day. After all, the bill raised more questions than it answered. It’s unclear how the new system would work or how the new government agency would operate. There are questions about the effects a 15 percent payroll tax would on the economy and jobs creation and about the magnet effect if California created an unlimited, valuable new benefit available to anyone who simply lives in the state. There are questions about federal waivers and how the California system would intersect with federal programs. And that’s just for starters.

Instead of trying to answer those questions thoroughly, the bill’s backers did as Rendon suggested – introduced a measure that stated some principles and goals, but didn’t really explain how the state government might fund them. Given the debate the health care issue sparked at the latest state Democratic Party convention and on the floor of the Legislature, it’s clear that the single-payer issue will be around or a while, regardless of the fate of this particular bill.

Steven Greenhut is Western region director for the R Street Institute. Write to him at sgreenhut@rstreet.org.

This piece was originally published by CalWatchdog.com

The relentless battle for legislative transparency

transparencyFor decades, it has been nearly impossible for ordinary citizens to pierce the veil of legislative secrecy in our state capital.

Of course, California is not unique — legislative bodies have sought to conceal their activity for millennia. This is inherent in the differences between rulers and subjects. But we all know too well that mischief feeds on secrecy. The Roman poet Virgil wrote more than 2,000 years ago, “Evil is nourished and grows by concealment.”

In California, the citizens have tried repeatedly to force legislative activity into the sunlight. So last year, to counter the common practice in the Legislature of introducing new bills and passing them within hours, often in the dead of night, voters approved Proposition 54. That important reform requires legislation be in print and available for public review for at least three days prior to final passage.

Passed as a constitutional amendment, Proposition 54 is not stated in discretionary language — its provisions are mandatory. And complying with its terms hardly places an onerous burden on lawmakers. Honestly crafted legislation should easily withstand a few days of public scrutiny.

The state Senate has complied with the will of the people, and even if some of the legislation this body has passed, like the gas tax increase, is repellent to many Californians, senators cannot be accused of keeping their lawmaking a secret.

The Assembly, on the other hand, has arrogantly continued business as usual by approving around 100 bills without the required time for members of the public to examine laws that they will be expected to obey. Assembly leaders say that the people cannot use the initiative process to mandate their conduct, making the lower house the poster child for the view that California government has become a militant special interest, more concerned with its own welfare and longevity, than that of the citizens it claims to serve.

In their pursuit of perks, pay and power, Assembly members are thumbing their collective noses at voters who, by approving Proposition 54, demanded greater transparency in the lawmaking process.

The initiative process in California dates back to 1911 and was a counter blow against the Legislature, most of whose members were beholden to the Southern Pacific Railroad. This form of direct democracy was intended to allow voters to become the lawmakers of last resort when their representatives proved to be indolent, incompetent or corrupt. The state’s most famous initiative, Proposition 13, came about when the Legislature proved to be both lazy and incapable of dealing with a property tax crisis that was forcing thousands of Californians from their homes.

Today, many state representatives are beholden to public employee unions and other special interests. Measures like Proposition 54 are valuable to prod lawmakers to behave in the best interests of all Californians, not just the Sacramento insiders.

If lawmakers continue to refuse to comply with Proposition 54’s reasonable, voter-approved mandate for transparency in their official conduct, there can be no doubt that resolution of this benchmark issue and the Assembly’s misconduct will end up before the courts.

Jon Coupal is president of the Howard Jarvis Taxpayers Association. www.hjta.org

This piece was originally published by the Orange County Register.

State Assembly defies new transparency law

Photo courtesy Franco Folini, flickr

Photo courtesy Franco Folini, flickr

SACRAMENTO – California voters in November overwhelmingly passed Proposition 54, a constitutional amendment to promote transparency by requiring all bills in their “final form” to be published online for 72 hours before legislators vote on them. It’s designed to stop last-minute gut-and-amend bills where the leadership pushes through substantive measures that haven’t been vetted – or even read by most members who vote on them.

It’s no secret that many legislative leaders dislike the proposal. For years, reform-minded lawmakers have proposed similar measures – but they never made it before the voters. Opponents of the rule say they are all for transparency, but that requiring such a long period of time for the public and critics to review all bills makes it difficult to get complicated and important measures put together as the legislative deadline approaches.

One would think that Prop. 54’s passage would have settled the argument, but a fracas last week in the Assembly suggests that core debates over the measure are far from settled and might soon find themselves hammered out in court.

The Legislature adjourned Friday following the deadline for bills to pass out of their house of origin. Senate President Pro Tempore Kevin de Leon, D-Los Angeles, assured that bills coming from the Senate waited 72 hours before a final vote. But Assembly Speaker Anthony Rendon, D-Paramount, is accused by Proposition 54’s backers of allowing more than 90 bills to be voted on without having been published for a full 72 hours before the vote.

There’s a question over terminology in the proposition’s language: “No bill may be passed or ultimately become a statute unless the bill with any amendments has been printed, distributed to the members, and published on the internet, in its final form, for at least 72 hours before the vote, except that this notice period may be waived if the governor has submitted to the Legislature a written statement that dispensing with this notice period for that bill is necessary to address a state of emergency … .” The issue involves the term “final form.”

The initiative’s proponents say final form means the final form before a vote in each house of the Legislature. But the Assembly argues that final form “does not pertain to a vote to move a bill to the opposite house and instead applies to legislation presented on the floor of the second house,” according to a Sacramento Bee explanation.

The chief clerk of the Assembly issued a statement explaining that “Assembly bills will not be in final form until they are presented on the floor of the Senate.” Proponents of Prop. 54, including former state Sen. Sam Blakeslee, R-San Luis Obispo, and moderate Republican financier Charles Munger Jr., strongly disagree with that interpretation and say they might go to court to defend what they say is the clear intent of the initiative.

One element of Prop. 54 that’s not in contention: The section finding that bills in violation of the 72-hour waiting period could be invalidated by the courts. That’s where the latest fracas resembles a game of chicken. De Leon clearly wasn’t taking any chances with his house’s interpretation of the proposition’s meaning. Rendon could have, say, passed a minor bill on a shorter notice as a test case to see how the courts would rule. Instead, if it’s true that he didn’t wait the full 72 hours for the votes, he may have put dozens of bills in jeopardy if the courts side with initiative drafters.

Supporters of the rule applying to both houses argue that it would be incomprehensible to give members of one legislative body (and their constituents) 72 hours to review a bill and deprive the same thing of members of the other legislative body.

Critics of the “both houses” interpretation suggest that Prop. 54’s drafters could simply have included the language “in each house” following the words “final form.” But the initiative’s drafters believe the plain reading of the initiative means that every bill must be in print 72 hours before each vote. Including the “in each house” language could have been interpreted to mean 72 hours in each house (for a possible total of six days), something proponents clearly didn’t intend.

It’s increasingly likely this dispute ends up at the state Supreme Court, with the stakes higher than ever. It will pit the intent of an initiative that passed by a nearly two-to-one margin and in all of California’s 58 counties against more than 90 recently passed bills, which could possibly be tossed aside even if the governor signs them.

Steven Greenhut is Western region director for the R Street Institute. Write to him at sgreenhut@rstreet.org.

This piece was originally published by CalWatchdog.com