Covering the End of the California Legislative Session Has Many Challenges and Yet is So Important

Then there's the stuff that's not happening--the bills that go to the purgatory of the "inactive file" where they can be recalled at some point in the future--many of them next year as the policies and politics of them are worked out.

And there are interesting connections to be made with events outside of the Capitol arenas. For instance, Governor Schwarzenegger gave a speech to the California Republican Convention at Indian Wells in the desert, warning that the party is "dying at the box office" because saying "no" is not the basis for a healthy party. An interesting pattern I have noticed in the last couple of weeks is the phenomenon of Republicans, sometimes en masse, voting against bills where the presenter and the analyses both reveal that there is no opposition to the measure. When this happens with no debate on the bill and no contrary comments, one is left scratching one's head and wondering "what was that all about?"

There are major stories largely untold from last week.

These include the fate of SB 110 (Romero) and AB 160 (Lieber) both aiming to create a sentencing commission to rationalize California's crazy quilt of prison terms that has been the product of sentence creep over the decades. A very important set of measures to deal with prison overcrowding and our priorities as a state, especially considering the fact that we will be spending by next year more on our prisons than we do on higher education. There are some differences between them, but they have been amended to the point they are closer to each other. The Romero bill came up for a vote on the Assembly Floor Friday and was defeated on a 34 to 34 vote. A motion for reconsideration was made and the Romero bill can still pass, with or without amendments, in the next few days. And it looks like the Leiber bill may be up for a Senate vote, perhaps tomorrow.

This is just one of the bills that are the subject of speculation, informed or otherwise, that they are caught up in a "war between the houses." My bet is that this is not the case here, given the debate on the Assembly floor, which revealed sharp differences of opinion, especially between the parties, on the Romero bill. Still, the Lieber measure, having passed the Assembly and the Senate policy and fiscal committee, was then sent to the Senate Rules Committee, where its proponents feared, and others reported, it was being bottled up over a battle as to which house's version would pass. Well, on Friday, it was withdrawn from the Senate Rules Committee, and is now on the Senate "Third Reading File," meaning that it is now in line for a Senate floor vote.

There is a lot of continuing controversy that bills by Assemblymember Leno are being held up by the Senate because he is running against one of their members, Senator Migden, in next years Democratic primary.

We will head up the road to Sacramento tomorrow and may hole up overnight to get an early start on Tuesday, which may or may not be the last day of the regular legislative session. Both houses will not be in session on Wednesday and probably Thursday because of the Jewish holy day, Rosh Hannah, and the Senate may adjourn Tuesday for the year while the Assembly may convene on Friday, the last day either house can meet for the year. Even Friday's "deadline" is not clear, as there are persistent reports that the legislature may be called into special session to deal with leftover business, including health care.

At least on health care we have some detailed reports of what is now in AB 8 (Nunez/Perata) from Anthony Wright. That bill was amended late Thursday and is in place for a Senate floor vote. In order to pass and go to the Governor, it also must be passed by the Assembly. Who knows if there will be further amendments, if it will come up for a vote, and if the Governor will sign it if it does?

Today's New York Times has a major article on health care legislation in California including a prediction by some experts that "failure in California may arrest the national momentum behind health care reform."

Columnist Dan Weintraub, has an article, "A deal on health care is coming into focus", in today's Sacramento Bee edition that should be read. It starts out"

"A deal between Gov. Arnold Schwarzenegger and Democrats in the Legislature on what could be a historic expansion of government's role in the health care system is within reach -- if both sides decide they want it badly enough.

"The agreement would likely come in two pieces -- legislation that lawmakers would approve this week or soon after in a special session, and a separate measure that would appear on the November 2008 general election ballot to finance the plan."

Brickbats are being thrown at AB 8 from some of the proponents of SB 840 (Kuehl) and the single payer approach, most notably the California Nurses Association, and from those on the other side, who basically do not want any health "reform" at all passed, including those who defeated SB 2 (Burton) in a referendum on the 2004 ballot.

There has been increasing hyperbole on this complex bill--and whether it is "half a loaf" that even some supporters of single payer such as Sheila Kuehl herself may support--or a "half baked" idea even with the last minute amendments--that needs more refinement and that both sides of the single payer debate will oppose, is up for grabs. I'd personally like to see single payer--"Medicare for All"--passed in California, but with the Governor steadfast in opposition to the idea and willing to veto SB 840 yet again, even Senator Kuehl is not planning on taking up her bill at this point. AB 8, even though it retains insurance in the health system, would make major advances, and may be our last best hope for the year. We will see--and I wouldn't be surprised to see this whole issue go to overtime in a special session--and even competing 2008 ballot initiatives and referenda.

One can belittle the accomplishments of this year's legislative session, even if it is not over yet and there probably are some unexpected twists in the road ahead. There is good reason to be disappointed in the fate of many bills, the missed opportunities, and halfway measures. But there are also many bills passed already that are important to the daily lives and futures of Californians and the budget impasse and fight shows that the Democrats and Republicans in the legislature have very different visions about public policies.

There is one undeniable truth that I see: This is important stuff and has real impacts. There is not enough coverage with the shrinking of the Capitol Press Corps in Sacramento and more engagement by the average citizen and voter is sorely needed.

Stay tuned.