Another giant #California mega-dam is ready to blow – thousands of lives at risk

Deep in the Trinity Alps, 130 miles northwest of the troubled Oroville Dam, local officials are raising alarms about another earthen dam with documented weaknesses and limited capacity for releasing the water that has poured in from storms and melting snow.

Trinity Lake, the state’s third-largest reservoir, is filled to 97 percent of its storage capacity, and a snowpack estimated at 150 percent of normal still looms over the watershed.

If the reservoir were to overtop the dam, the results would be catastrophic, said Keith Groves, a Trinity County supervisor representing the district that includes Trinity Dam.

“It would take out bridges … and a big section of (Trinity County) would be wiped off the face of the planet,” Groves said. He said 3,500 people live in the immediate pathway of potential flooding.

Concerns about the dam’s safety date to 1974, when an unseasonably warm storm, known as a “pineapple express,” dropped heavy rain and snow in the Trinity Alps. The water level in the lake rose so high it nearly overwhelmed the dam.

Despite documented hazards, neither Trinity County nor the state or federal government has developed evacuation notifications or procedures.

Read the whole story in the Sacramento Bee

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How #racist #Sacramento keeps #AfricanAmericans down

When Time magazine named Sacramento the most diverse city in America in 2002, African American families living here still participated broadly in the American dream of owning a home and building wealth.

It was a long-standing pattern. For 45 years starting in 1960, around 40 to 50 percent of African Americans in Sacramento County owned their homes, census figures show. By the turn of the century, the black homeownership rate in Sacramento County was higher than the statewide average and higher than other California urban centers such as Los Angeles and San Diego.

Those days have passed. The white elites who run Sacramento are not having any more of this sort of thing.

Read the whole story in the Sacramento Bee

#BayArea elites will give #GavinNewsom a free ride to the governor’s office

Lt. Gov. Gavin Newsom is known for taking bold stands — as he did on same-sex marriage — all the while loading up on corporate campaign cash.

It’s a tried and true formula for success for Bay Area elites.

In the end, progressives will stick with him. Like their conservative counterparts, they are sheep.

Read the whole story in the San Francisco Chronicle

#Leftists continue to freak out over #climatechange – regular people don’t care

Thousands of Leftists across the U.S. marched in rain, snow and sweltering heat to demand action on climate change — mass protests that coincided with President Trump’s 100th day in office and took aim at his agenda for rolling back environmental protections.

At the marquee event, the Peoples Climate March in Washington, D.C., tens of thousands of demonstrators made their way down Pennsylvania Avenue on their way to encircle the White House as temperatures soared into the 90s.

Leftist organizers said about 300 sister marches or rallies were being held around the country, including in Seattle, Boston and San Francisco. A wet spring snow fell in Denver, where several hundred activists posed in the shape of a giant thermometer for a photograph and a dozen people rode stationary bikes to power the loudspeakers. In Chicago, a rain-soaked crowd of thousands headed from the city’s Federal Plaza to Trump Tower.

The demonstrations came one week after supporters of science gathered in 600 cities around the globe, alarmed by political and public rejection of established research on topics including climate change and the safety of vaccines.

Regular people still don’t care.

Read the whole story in the LA Times

It’s totally OK for #SiliconValley elites to beat their wives

Wealth, privilege and justice for women have once again collided at a courthouse in the heart of Silicon Valley, where the wife of a tech executive accused of beating her is furious at prosecutors for handing him what she considers a lenient plea deal.

And once again, it’s women who are losers.

Like “Emily Doe,” whose speech decrying Stanford student-athlete Brock Turner’s light sentence for sexual assault became a viral rallying cry against “rape culture,” Neha Rastogi’s statement about her husband’s plea deal has drawn sympathy. Supporters see her as the latest victim of a justice system that trivializes violence against women, particularly in wealthy Palo Alto.

“Her experience was completely dismissed by our justice system,” said Esther Peralez-Dieckmann, executive director of Next Door Solutions to Domestic Violence.

Read the whole story in the Mercury News

#WHCD: Media fest gives #Trump supporters the finger

Need more proof the elite media hates anyone who doesn’t agree with them. Take a look at what happened at the White House Correspondents’ Dinner.

No one had a harder gig Saturday than comedian Hasan Minhaj, except perhaps for the poor soul who had to tell President Trump that Minhaj didn’t blow it roasting the commander in chief onstage at the White House Correspondents’ Dinner.

The senior correspondent for “The Daily Show with Trevor Noah” was the latest in a long line of hosts including Seth Meyers, Rich Little and Bob Hope at the annual D.C., black-tie event. All have roasted the press and presidents alike.

But unlike those big names, the lesser-known political satirist Minhaj, 31, had to fill a gaping hole in the festivities while making stiffs like Wolf Blitzer laugh.

That’s because Trump wasn’t there. He’s the first president since Ronald Reagan in 1981 to bow out of the annual event (and Reagan was recovering from an assassination attempt). Trump instead had his own rally earlier in the day, in front of supporters in Pennsylvania, where he called the news outlets like The New York Times and CNN failing, incompetent and dishonest.

“We’ve got to address the elephant that’s not in the room,” said Minhaj near the jittery beginning of his monologue. “The leader of our country is not here. And that’s because he lives in Moscow, it’s a very long flight. As for the other guy, I think he’s in Pennsylvania because he can’t take a joke.”

C-SPAN broadcast the dinner in its entirety, as they did a march in Washington earlier Saturday where an estimated 200,000 people protested Trump’s climate policy. In between the march and the dinner programming was a broadcast of Trump’s pep rally in Harrisburg.

It was a C-SPAN trifecta of political tension, rancor and laughs.

Read the whole story in the LA Times

Canada dumping cheap lumber in the US, killing California jobs

The Trump administration is slapping a 20 percent tariff on certain imported wood from Canada, the type of lumber typically used in new residential construction. The beef? Canadian lumber makers get an unfair cost advantage vs. U.S. competitors due to Canadian government subsidies.

In short, Canadian lumber companies are killing California jobs.

Cheap foreign wood costs workers their jobs and U.S. manufacturers’ profits. Roughly one-third of homebuilding lumber is imported with 95 percent of that supply coming from Canada.

It’s not just lumber. The president has cited his displeasure with numerous trading partners that are major suppliers of everything from dairy to autos to steel to technology workers.

Read the whole story in the Orange County Register

California to Millennials — Get Lost

It should be the obligation of older citizens to try to improve the prospects for their successors. But, here in California, as seen in a new report issued by the Chapman Center for Demographics and Policy, we seem to have adopted an agenda designed to make things tougher for them.

Millennials everywhere face many challenges. The U.S. Census Bureau estimates that, even when working full-time, they earn $2,000 less than the same age group made in 1980. Nationwide, a millennial with a college degree and college debt, according to a recent analysis of Federal Reserve data, earns about the same as someone of the baby boomer generation did at the same age without a degree.

But California millennials face an even greater challenge than most. Despite the anecdotes of youthful fortunes emanating from Silicon Valley, California’s millennials, on average, do not earn more than their counterparts elsewhere. Yet, they confront the highest housing prices in the nation, now 230 percent of the national average.

These prices hit the newest and youngest buyers hardest.

Read the whole article in the Press-Telegram

 

Yet another failure to add to #PG&E’s list of #EpicFails

Incompetent PG&E will review all of its San Francisco substations and has offered city officials a tour of the Tenderloin substation that failed April 21, causing nearly 90,000 customers to lose power across San Francisco.

The outage was due to a fire at a substation which was reported just after 9 a.m. April 21 and triggered a massive power outage throughout various neighborhoods that day.

In the meantime, the company is processing claims made by customers so they can be compensated for economic loss caused by the power outage.

The company claims it has conducted regular maintenance and inspections at the substation over the past five years. Yeah, right. As if anyone would believe PG&E.

Read the whole story in the San Francisco Examiner

More on #BART’s horrifying crime statistics

This is absolutely horrifying.

Robberies aboard BART trains and in its stations have climbed 45 percent over the past year, according to crime statistics released by the transit agency.

Data provided by BART, only after a formal request by the San Francisco Chronicle show the number of robberies occurring on the system during the first three months of the year jumped from 49 in 2016 to 71 in 2017.

Naturally, feckless BART officials think this is no big deal. Why? Well because they just don’t care if you get robbed, beat-up, or killed. That’s why.

Read the whole story in the San Francisco Chronicle

#UC’s slush fund further proof of criminal racketeering

In a scathing report released Tuesday, April 25, 2017, Auditor Elaine Howle says the office of UC President Janet Napolitano created an undisclosed budget over four years to spend the hidden money with little or no oversight.

The University of California squirreled away $175 million in secret, discretionary funds.

In other words, the auditor says UC has a slush fund. Napolitano thinks that’s OK.

The money in question is spent as UC headquarters saw fit, without Board of Regents oversight or public disclosure.

Until now, there was little opportunity for anyone outside Janet Napolitano’s office to question its spending.

The University has become a racketeering operation. Federal intervention is warranted. Crimes may have been committed.

Read the whole story in the San Francisco Chronicle

 

#PhRMA, insurance companies, @CA_DaveJones, #CMAPhysicians line up to screw #California

When California health insurance companies begin setting 2018 rates next week, they’ll be able to offer two different projections without committing to either one.

Insurance Commissioner Dave Jones is inviting the 15 or so health insurance providers the state regulates to draw up rates based on different scenarios centered on how the Trump administration enforces the Affordable Care Act.

One set would reflect the rates that insurance companies project if former President Barack Obama’s health care law remains in effect and is enforced.

The other set would be based on an assumption that President Donald Trump and the Republican Congress follow through on their pledges to repeal the Affordable Care Act, or that the Trump administration declines to enforce the law.

Either way, California healthcare patients will end up paying…a lot. California’s healthcare gulag is not about patient care. It’s about making money for special interests. It’s brutal, it’s oppressive, and it’s the way California’s elected officials want it.

Read the whole story in the Sacramento Bee

The #LASD continues its #brutal #racist ways

A little more than two years ago, the primary watchdog over the Los Angeles County Sheriff’s Department laid out numerous ways the agency was failing to provide the public with basic information about how often deputies use force, the number of complaints alleging misconduct and how many deputies were being disciplined.

This week, Inspector General Max Huntsman complained that little has changed. Max of course is correct.

Huntsman said the department is moving too slowly to publish important data — such as how many citizen complaints resulted in investigations. He said he’s privately pushed the department to be more transparent and post the information online but believes he’s “getting slow-walked” by sheriff’s officials.

Read the whole story in the LA Times

New California marijuana rules released

California marijuana regulators have published draft regulations intended to impose order on the loosely organized marketplace created over two decades ago.

The proposal establishes the first comprehensive rules for growing, testing, transporting and selling medical pot in the state that is home to 1 in 8 Americans.

Voters last year agreed to legalize recreational marijuana use for adults in 2018. The state is faced with the challenging task of trying to govern a vast, emerging cannabis industry with a projected value of $7 billion.

A bill in the Legislature backed by Democratic Gov. Jerry Brown seeks to square the recreational pot law with the rules for medical marijuana.

Read the whole story by NBC 7 San Diego

Suddenly, #NFL’s #RogerGoodell is a #marijuana expert

All of the sudden, NFL Commissioner Roger Goodell is a marijuana expert. He thinks weed is addictive and bad for one’s health. He seems to have forgotten that marijuana is legal in one form or another in 25 states. The list keeps growing.

Nonetheless, the old white guys who run the league have still banned marijuana use by NFL players.

“I think you still have to look at a lot of aspects of marijuana use,” Goodell said. “Is it something that can be negative to the health of our players? Listen, you’re ingesting smoke, so that’s not usually a very positive thing that people would say. It does have an addictive nature. There are a lot of compounds in marijuana that may not be healthy for the players long term. All of those things have to be considered.

“And it’s not as simple as someone just wants to feel better after a game. We really want to help our players in that circumstance, but I want to make sure that the negative consequences aren’t something that is something that we’ll be held accountable for some years down the road.”

Seriously? WTF? This is more of the league’s racist b.s.

Read the whole story in the LA Times

Key Provisions of the Legislature’s Internal Rules – The Joint Rules

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By Chris Micheli

Beyond the relevant provisions of the California Constitution (contained primarily in Article IV), as well as applicable sections of the California Government Code, the State Senate and State Assembly are governed by their Joint Rules, the Standing Rules of the Senate and the Standing Rules of the Assembly. This article provides a summary of the Joint Rules of the Senate and Assembly.

Joint Rules

Note that the Joint Rules of the Assembly and Senate have not yet been adopted as of the writing of this article. However, in the interim, the Joint Rules from the previous legislation session apply. As such, the following is a summary of the Joint Rules with the corresponding rule number at the end of the explanatory sentence. Note that some Rule numbers do not exist.

Standing Committees – Each house appoints standing committees based upon each house’s own rules. (1)

Joint Meeting of Committees – Whenever the “same or like bill” has been referred to both Senate and Assembly committees, the chairs shall arrange for a joint meeting to consider the bill. (3)

Effect of Adoption of Joint Rules – Adopting Joint Rules for a special session does not modify or rescind the Joint Rules for any previous session. (3.5)

Definition of Word “Bill” – Bill as used in the Joint Rules includes any constitutional amendment or resolution. (4)

Concurrent and Joint Resolutions – Concurrent resolutions relate to matters to be treated by both houses, while joint resolutions relate to matters connected with the federal government. (5)

Resolutions Treated as Bills – Concurrent and joint resolutions are generally treated as bills, with four exceptions, such as only one formal reading in each house. (6)

Title of Bill – The title of every bill introduced must convey an accurate statement of the contents of the bill and indicate the scope of the act and the object to be accomplished. A “mere reference” to a code section by number is not deemed sufficient. (7)

Division of Bill Into Sections – A bill amending more than one code section must contain a separate section for each code section amended. (8)

Digest of Bills Introduced – A bill may not be introduced unless it has a cover attached by Legislative Counsel and is accompanied by a digest showing the changes in existing law that are proposed by the bill. Neither the Digest nor the bill can be altered. (8.5)

Digest of Bills Amended – Whenever a bill is amended, the Senate Secretary or Assembly Chief Clerk must request Legislative Counsel to prepare an amended digest and have it printed on the bill first page of the bill as amended. Any material changes in the digest must be indicated. (8.6)

Errors in Digest – If a material error in the digest is brought to the Legislative Counsel’s attention, a corrected digest is prepared and either the Assembly Speaker or Senate President pro Tempore can have a corrected version printed. (8.7)

Bills Amending Title 9 of the Government Code – A bill that amends, adds or repeals any provision of Government Code Title 9 must notify the Senate Secretary or the Assembly Chief Clerk, who then delivers a copy of the bill to the FPPC. (8.8)

Bills Amending the California Stem Cell Research and Cures Act – A bill that amends, adds or repeals any provision of the California Stem Cell Research and Cures Act must notify the Senate Secretary or the Assembly Chief Clerk, who then makes copies accessible in the Bill Room for the public and news media at least 14 days before passage. (8.9)

Bills Amending Section 6 of the Smaller Classes, Safer Schools and Financial Accountability Act – A bill that amends, adds or repeals Education Code Section 47614 must notify the Senate Secretary or the Assembly Chief Clerk, who then makes copies accessible in the Bill Room for the public and news media at least 14 days before passage. (8.95)

Restrictions as to Amendments – A substitute or amendment must related to the same subject as the original measure and an amendment is not in order when all that would be done to the bill is the addition of a coauthor, unless the Rules Committee grants prior approval. (9)

Changes in Existing Law to Be Marked by Author – In a bill amending or repealing a code section, any new matter is underlined, and any matter to be omitted is with a horizontal line through the center. When printed, the new matter is in italics and the matter omitted is in strikeout. When an entire code, or an entire title, part, division, chapter, or article of a code is repealed, those sections are not set forth in the bill or amendment. (10)

Re-referral to Fiscal and Rules Committees – A bill is re-referred to the fiscal committee of both houses when it would do any of the following: (1) Appropriate money; (2) Result in a substantial expenditure of state money; (3) Result in a substantial increase or loss of revenue to the state; (4) Result in substantial reduction of expenditures of state money by reducing, transferring, or eliminating any existing responsibilities of any state agency, program, or function. In addition, any concurrent and joint resolutions are re-referred to the fiscal committee of each house when they contemplate any action that would involve either (1) Any substantial expenditure of state money or (2) Any substantial loss of revenue to the state. This rule may be suspended with Rules Committee approval and a 2/3 vote of the house. (10.5)

Short Title – A bill may not add a short title that names a current or former Member of the Legislature. (10.6)

Heading of Bills – A bill or resolution may be authored only by a Member or committee of the house of origin. All others can be principal coauthors or coauthors. A bill may not indicate that it was introduced at the request of a state agency, officer or any other person. (10.7)

Consideration of Bills – There must be a written request to consider and act upon a bill within 30 calendar days filed with the Senate Secretary or Assembly Chief Clerk. The Rules Committees determine whether there exists an urgent need for dispensing with the 30-day waiting period following introduction. If recommended, the house must adopt the authorizing resolution by ¾ majority vote. (10.8)

Printing of Amendments – Any bill amended in either house must be immediately reprinted. The new matter is printed in italics and the matter omitted is in strikeout. If an amendment omits the entire contents of the bill, the matter omitted does not need to be reprinted. A brief statement will appear after the last line of the amended bill identifying the previous version of the bill that contains the complete text of the omitted matter. (11)

Manner of Printing Bills – The State Printer must observe the directions of the Joint Rules Committee in printing all measures. (12)

Distribution of Legislative Publications – Senate Secretary and Assembly Chief Clerk must order bills and legislative publications necessary for conducting business. No more than one copy of a bill or legislative publication is free to anyone, except Members, Legislative Counsel, and the nine constitutional officers, the courts, libraries, and the press. State Printer fixes the costs of bills and publications. The total number of each bill to be printed may not exceed 2500. (13)

Legislative Index – Legislative Counsel provides for the periodic publication of a cumulate Legislative Index, which must include tables of sections affected by pending legislation. The State Printer must print the Index. (13.1)

Summary Digest – Legislative Counsel must compile and prepare for publication of a summary digest of legislation passed at all sessions. It is a separate publication and is made available to the public at a price. (13.3)

Statutory Record – Legislative Counsel prepares for publication a cumulative statutory record, which is printed by the State Printer. (13.5)

Printing of the Daily Journal – The State Printer must print copies of the Daily Journal of each day’s proceedings. Also printed is a compilation at the end of session of all the journals in book form. (14)

What Shall Be Printed in the Daily Journal – The Daily Journal of each house must include messages from the Governor and the other house, titles of all measures when introduced or acted upon, every vote taken and paper presented, and a true and accurate account of the house’s proceedings. (15)

Printing of the Daily File – A Daily File of bills is printed each day for each house when the Legislature is not in joint recess or on days when a house does not meet. (16)

Printing of History – Each house must print weekly a complete Weekly History of all measures acted upon by the house and its committees. The History shows the action taken on each measure. During the intervening time, a Daily History must be published. (17)

Authority for Printing Orders – State Printer can only print those items upon written order by the Senate Secretary or Assembly Chief Clerk. All bills for printing must be presented to the State Printer within 30 days. (18)

Secretary and Chief Clerk to Keep Records – Senate Secretary and Assembly Chief Clerk keep a complete and accurate record of every action taken on every bill. (19)

Secretary and Chief Clerk Shall Endorse Bills – Senate Secretary and Assembly Chief Clerk endorse on every original or engrossed bill a statement of any action taken on the bill. (20)

After a Bill Has Been Passed by the Senate or Assembly – When a bill has been passed by either house, it must be transmitted to the other house promptly unless a motion to reconsider has been made. The procedure for referring bills to committees is determined by the rules of each house. (21)

Messages to Be in Writing under Proper Signatures – Messages from one house to the other are in writing and under signature by either the Senate Secretary or the Assembly Chief Clerk. (22)

Consent Calendar: Uncontested Bills – Each standing committee may report any uncontested bill with a recommendation to place the measure on the consent calendar. “Uncontested bill” means a bill that (a) receives a do-pass or do-pass-as-amended recommendation from the committee to which it is referred, by unanimous vote of the members present provided a quorum is present, (b) has no opposition expressed by any person present at the committee meeting with respect to the final version of the bill as approved by the committee, and (c) prior to final action by the committee, has been requested by the author to be placed on the Consent Calendar. (22.1)

Consent Calendar – A bill certified by a committee chair as an uncontested bill is placed on the consent calendar. Any consent calendar bill that is amended from the floor is no longer a consent calendar bill and is returned to Third Reading File. Upon objection of any Member to a bill on the consent calendar, the bill is returned to the Third Reading File. No consent calendar bill can be considered for adoption until the second legislative day. (22.2)

Consideration of Bills on Consent Calendar – A bill on the consent calendar is not debatable, but the Senate President pro Tempore or Assembly Speaker will allow a reasonable time for questions from the floor and must permit a proponent of the bill to answer the questions. Prior to voting on the first consent calendar bill, the presiding officer will call that fact to the attention of the house. The consent calendar is considered as the last order of business on the Daily File. (22.3)

Procedure on Defeat of More Than Majority Bill – When a bill requires more than a majority vote for passage and it fails to receive the necessary number of votes, an amendment to remove the higher vote threshold section(s) is in order prior to consideration of further business. If that amendment is adopted, the bill is reprinted and returns to the Daily File in the same place. (3.5)

Enrollment of Bill After Passage – After a bill has passed both houses, it is printed in its enrolled form and is compared by the Engrossing and Enrolling Clerk and the committee in the original house to determine that it is in the form approved by both houses. Then the enrolled bill is signed by the Senate Secretary and Assembly Chief Clerk and presented without delay to the Governor. A record is entered in the Daily Journal. After enrollment and signature, constitutional amendments and resolution are filed without delay with the Secretary of State and recorded in the Daily Journal. (24)

Amendments to Amended Bills Must Be Attached – Whenever a measure has been amended in the other house, it must be immediately reprinted by the house that made the amendments(s). One copy of the amendment(s) is attached to the bill and endorsed “adopted”. When concurred in by the house, it is endorsed “concurred in” and the endorsement is signed by the Senate Secretary or Assembly Chief Clerk. An amendment to the title of a bill does not necessitate reprinting. (25)

Amendments to Concurrent and Joint Resolutions – When a resolution is amended, and the only effect is to add coauthors, the resolution may not be reprinted unless specifically requested by a coauthor. (25.5)

To concur or Refuse to Concur in Amendments – If one house amends and passes a bill from the other house, that house must concur or refuse to concur in the amendments. If the house of origin concurs, then the bill is ordered to enrollment. (26)

Reference to Committee – Whenever a bill is returned to its house of origin for a concurrence vote, the Legislative Counsel must promptly prepare a brief digest summarizing the effect of the amendment(s) made in the other house. That digest is printed in the Daily File immediately. A motion to concur or not concur is not in order until the Legislative Counsel’s Digest has appeared in the Daily File or an analysis of the bill has been prepared and distributed. If the Digest disclosed that the amendment has made a substantial substantive change in the bill as first passed by the house of origin, a Senate bill is referred to the Senate Rules Committee, or an Assembly bill may be referred by the Speaker to the appropriate standing committee. Upon receipt of the bill, the committee by a majority vote can recommend concurrence or non-concurrence in the amendment, or can hold the bill in committee. This rule may be dispensed with in its house of origin upon a majority vote of Members. (26.5)

Concurring in Amendments Adding Urgency Section – When a bill has been amended in the other house to add an urgency clause, the urgency clause must first be read and put to a vote. If passed by a 2/3 majority vote, the house approves the urgency clause, and then determined whether to concur in the amendment. If either vote fails to achieve a 2/3 vote, then there is a refusal to concur in the amendment(s). (27)

When Senate or Assembly Refuses to Concur – If either house refuses to concur in amendments to the bill made by the other house, and the other house is notified of the refusal to concur, a conference committee must be appointed for each house. The Senate Rules Committee and the Assembly Speaker each appoint three Members from their respective house and each house is so notified. (28)

Committee on Conference – In appointing conferees, the Senate Rules Committee and Assembly Speaker must each select two Members from those voting with the majority about which the difference in the bill has arisen, and the other member from the minority. That determination is based upon how the Member votes on the appropriate rollcall. (28.1)

Meetings and Reports of Committees on Conference – The first Senator named on the conference committee and first Assembly Member named are the respective chairs of the conference committee. The chair from the bill’s house of origin arranges the time and place of the meetings and prepares any reports. A conference report requires at least two affirmative votes from the Assembly Members and the Senators, in which case the report is submitted to both the Assembly and Senate. A conference report is not subject to amendment. If either house refuses to adopt the report, the conferees are discharged and other conferees are appointed, except that no more than three conferees can be discharges and appointed on any one bill. The same legislator cannot be appointed to another conference committee on the same bill. A conference report must be in writing and requires the signatures all each Assembly Member and each Senator who consents to the report, as well as those Members who dissent. A dissenting report can be attached to the conference report. The vote on the conference report is the same as is required by the Constitution, statute or rule. Upon adoption of the conference report, it is deemed the vote on final passage of the bill. (29)

Conference Committees – All meetings of the Budget Bill conference committee must be open and readily accessible to the public. Any other conference committee on any bill may not meet or act on the bill except in a meeting that is open and readily accessible the public unless Legislative Counsel determines it is nonsubstantive. Legislative Counsel notes on the face of the report whether the amendments are substantive or nonsubstantive. The conference committee chairs must give notice to the File Clerk of the respective houses on any meetings. Notice must be provided at least one calendar day prior to the meeting, except the notice is not required for a meeting of the Budget Bill conference committee. But every effort must be made to inform the public that a meeting has been called. This rule can be waived, but the house’s policy committee must be immediately notified of the meeting of the conference committee. The Budget Bill conference committee must submit its report to each house no later than 15 days after the Budget Bill has been passed by both houses. If not, the conference committee is deemed to have reached no agreement. The Budget Bill conference committee may only consider differences between the Assembly and Senate versions and may not approve any item of expenditures or control that exceeds that contained in one of the two versions of the Budget Bill. A conference committee on any bill (other than the Budget Bill) may not approve any substantial financial provision in any bill if that financial provision has not been heard by the fiscal committee of each house. Also, a conference committee cannot approve substantial policy changes that have not been heard by the policy committee of each house. (29.5)

Conference Committee Reports – A conference committee report that recommends a bill be further amended requires the bill to be reprinted with the amendment(s). A conference committee report is not in order until the bill has been in print and noticed in the Daily File for at least one legislative day. If the report only recommends the amendments be concurred in, these consideration of the report is in order at any time and reprinting of the bill is not required, but notice in the Daily File of at least one day is required. A conference committee report is not in order unless the Senate Secretary and Assembly Chief Clerk have received them at least three calendar days preceding the commencement of the summer, interim or final recess. This rule may be suspended by a 2/3 vote of the house. (30)

Conference Committee Reports on Urgency Statutes – With a conference committee report that contains an urgency clause, the presiding officer first puts the urgency clause to a vote. If approved by a 2/3 vote, then the presiding officer puts forth whether the house shall adopt the conference committee report. If approved by a 2/3 vote, then the report is adopted. If either vote does not achieve a 2/3 vote, the effect is a refusal to adopt the conference committee report. (30.5)

Failure to Agree on Report – A conference committee may determine that it is unable to submit a report to the houses. That finding is submitted to the Assembly Chief Clerk and Senate Secretary in the form of a letter from the chair of the conference committee from the bill’s house of origin and the letter must contain the signatures of the conference committee members. Then the conferees are discharged and other conferees are appointed in their place. (30.7)

Authority When Rules Do Not Govern – All relations between the two houses that are not covered by the Joint Rules are governed by Mason’s Manual. (31)

Press Rules – A person must apply to the Joint Rules Committee to become an accredited press representative. The rule specifies required elements of the application and requires compliance with any Assembly or Senate rules. The press cannot assist anyone in the “prosecution of the legislative business” of others. The application is authenticated by the Standing Committee of the Capitol Correspondents Association. This group is to report any violations of press privileges. They are to be employed on a regular basis in the Capitol area preparing articles dealing with state government and politics, and not be involved in a legislative advocacy organization. This group controls the press seats and desks in the Senate and Assembly Chambers. Press cards are issued to these individuals. They may not perform for compensation any officials or candidates for office. (32)

Dispensing with Joint Rules – A joint rule can be dispensed with by a 2/3 vote of each house. If a joint rule is violated, the measure is returned to the house of origin and the disputed matter is considered in a conference committee. (33)

Dispensing with Joint Rules: Unanimous Consent – A joint rule that may be dispensed with by one house may be done by so unanimous consent if the Rules Committee of that house has approved doing so. (33.1)

Opinions of Legislative Counsel – Whenever Legislative Counsel issues a written opinion to any person other than the first-named author that analyzes the constitutionality, operation or effect of a measure that is pending of any amendment made or proposed, he or she is authorized to deliver two copies of the opinion to the first-named author as promptly as feasible. A copy of any Legislative Counsel opinion that advises a Member of a conflict between two or more bills is submitted to the policy committee chair. (34)

Resolutions Prepared by Legislative Counsel – When Legislative Counsel determines that a resolution drafting request will be similar to one already requested, Counsel must inform that Member. (34.1)

Resolutions – A concurrent or house resolution may be introduced to memorialize a death. Resolutions can be used for commendation, congratulation, sympathy, or regret with respect to any individual, group or organization. The Rules Committee must approve before introduction a concurrent resolution that requests the Governor to issue a proclamation. (34.2)

Identical Drafting Requests – When Legislative Counsel determines that a bill drafting request will be substantially identical to one already introduced, Counsel must inform that Member. (34.5)

Expense of Members – Each Member is entitled to reimbursement for living expenses while required to be in Sacramento to attend legislative sessions, while traveling to and from, or while attending any legislative function or responsibility as authorized or directed. The Assembly Chief Clerk and Senate Secretary certify expenses allowances to the Controller for payment to Members. (35)

Issuance of Subpoenas – A subpoena for a witness or the production of documents may be issues by the Senate Rules Committee, Assembly Speaker or the committee chair conducting an investigation only if permission has been secured from the Rules Committee. (35.5)

Investigating Committees – Either house or both houses jointly may by resolution or statute provide for the appointment of committees to ascertain facts and make recommendations as to any subject within the scope of legislative regulation or control. Each committee may employ clerical, legal and technical assistants. Each committee may adopt rules to govern its procedure. Each committee may subpoena witnesses and require production of documents of any kind. All state and local agencies, officers and employees must furnish to the committee any requested documents. They may meet at any time in public or executive session and do all things necessary to perform their duties, with specified exceptions when the Legislature is in session or in joint recess. Any requirements may be waived by the Joint Rules Committee. (36)

Expenses of Committee Employees – Employees of legislative committees are entitled to allowances in lieu of actual expenses for hotel and meal expenses from time-to-time. (36.1)

Appointment of Committees – Appointments can be made and vacancies filled in the manner provided by the Joint Rules whenever a joint committee is created by statute or resolution. The Assembly Speaker and Senate Rules Committee make their respective appointments. (36.5)

Appointment of Joint Committee Chairpersons – The chair of each joint committee, except JLBC and JLAC, is appointed by the Joint Rules Committee based upon a recommendation by the Senate Rules Committee and the Assembly Speaker. (36.7)

Joint Committee Funds – Each joint committee, except JLBC and JLAC, must expend funds made available to it. (36.8)

Joint Legislative Budget Committee – The Joint Legislative Budget Committee is created and is a continuing body. It must ascertain facts and make recommendations to the Legislature concerning the State Budget, the revenues and expenditures of the state, and the organization and functions of the state and its departments and agencies with a view to reducing the cost of state government and securing greater efficiency and economy. The committee has eight senators and eight assembly members. The committee can adopt its own rules and can create subcommittees. JLBC may render services to any investigating committee of the Legislature. JLBC may appoint a Legislative Analyst. The duties of the Legislative Analyst are specified in this rule. Reports are made available to Members of the Legislature and the Assembly and Senate Offices of Research. The Legislative Analyst receives requests from Members to conduct studies or provide information that falls with its scope of responsibilities and that concerns the administration of the government. JLBC must be notified of the study request and JLBC provides an estimate of the cost. The Rules Committee hears any resolutions requesting a study by the JLBC. (37)

Citizen Cost Impact Report – Any Member or legislative committee may recommend that the Legislative Analyst prepare a citizen cost impact analysis on proposed legislation. But the recommendation must first be reviewed by the Rules Committee, which makes the final determination as to which bills are assigned for preparation of an impact analysis. In selecting specific bills for assignment to the Legislative Analyst, the Rules Committee must request the Legislative Analyst to present an estimate of time and prospective costs for preparing the analyses. Only those bills that have a significant cost impact are assigned. The Rules Committee can provides funds to offset added costs to the Legislative Analyst. The citizen cot impact analysis includes the economic effects that the Legislative Analyst deems significant and believes will result directly from the proposed legislation. The report is delivered to the committee. The Legislative Analyst must submit at least once per year a report to the Legislature on the trends and directions of the state’s economy, and must list the alternatives and make recommendations regarding legislative actions that will ensure a sound and stable state economy. (37.1)

Joint Legislative Audit Committee – Joint Legislative Audit Committee is created pursuant to the constitution and Government Code. JLAC has seven Members of the Senate and seven Members of the Assembly. Four members from each house constitute a quorum of the committee and the number of votes required to take action on any matter. The chair of JLAC provides the requesting Member any report that was prepared by the Bureau of State Audits. (37.3)

Study or Audits – Joint Legislative Audit Committee establishes priorities and assigns work to be done by the Bureau of State Audits. A bill requiring action by the BSA must contain an appropriation for that cost. A resolution calling for a BSA study or audit must be referred to the rules committee. An estimate from JLAC must be obtained. (37.4)

Waiver – The requirement of an appropriation for the cost of a BSA study or audit can be waived and, if the cost is less than $100,000, the chair of JLAC may waive it. (37.5)

Administrative Regulations – Any Member may request the Senate Rules Committee or the Assembly Speaker to direct a standing committee or the Office of Research to study any proposed or existing regulation. Upon receipt of the request, a determination is made whether to undertake the study. The study may consider whether the regulation (1) Exceeds the agency’s statutory authority; (2) Fails to conform to the legislative intent of the enabling statute; (3) Contradicts or duplicates other regulations adopted by federal, state, or local agencies; (4) Involves an excessive delegation of regulatory authority to a particular state agency; (5) Unfairly burdens particular elements of the public; (6) Imposes social or economic costs that outweigh its intended benefits to the public; and, (7) Imposes unreasonable penalties for violation. The reviewing unit transmits its concerns to the Assembly Speaker, Senate Rules Committee, and the promulgating agency. A report may include a recommendation that the Legislature adopt a concurrent resolution requesting the state agency to consider its action or that the Legislature enact a statute to restrict the regulatory powers of the state agency. (39)

Joint Rules Committee – The Joint Rules Committee is created and has a continuing existence during session and any recess and includes members of the two Rules Committees, as well as legislative leaders in both houses. The joint committee is charged with the relationship between the two houses and procedures, the legislative branch of government, legislation, operation of the Legislature and its committees, aides to the Legislature, and information and statistics. It can allocate space in the Capitol Building, approve Legislative Counsel in litigation, contract with other agencies for services, appoint a chief administration officer, appoint chairs of joint committees, and other duties. (40)

Review of Administrative Regulations – The Joint Rules Committee must approve any request for a priority review made by a committee pursuant to the Government Code and must submit approved requests to the Office of Administrative Law. (40.1)

Subcommittee on Legislative Space and Facilities – A Subcommittee on Legislative Space and Facilities is created under the Joint Rules Committee which three members from each house. The subcommittee must consider the housing of the Legislature and legislative facilities, and can contract for services, work with local government, etc. (40.3)

Claims for Workers’ Compensation – The Rules Committee Chair of each house must sign any required workers’ compensation report regarding any injuries arising out of the court of employment of any Member, officer or employee of either house or committee. (41)

Information Concerning Committees – Rules Committee of each house must provide for a continuous accumulation of information regarding legislative investigating committees and this information is available to the public and is published periodically. (42)

Joint Committees – Any concurrent resolution creating a joint committee or allocating moneys must be referred to the Rules Committee of each house. (43)

Conflict of Interest – While serving, Members of the Legislature may not have any financial or other interest, direct or indirect, and may not engage in any business or transaction or professional activity, or incur any obligation of any nature, that is in substantial conflict with the proper discharge of his or her duties in the public interest and his or her responsibilities as described by state laws. Members during his or her term may not accept other employment that will impair his or her independent judgment regarding official duties; to disclose confidential information; willfully and knowingly disclose for gain any confidential information acquired in the course of official duties, accept any employment, fee or thing of value for appearing or taking any other action on behalf of another person regarding a licensing or regulatory matter before any state board or agency. This rule does not prohibit a Member who is an attorney from practicing before the Workers’ Compensation Appeals Board or the Commissioner of Corporations, or any matter before any state board or agency to a state or federal court proceeding. This rule does not prohibit a Member from making an inquiry for information on behalf of a constituent before a state board or agency if no fee or reward is given or promised. This rule does not apply to a partnership of which a Member is a member if he or she does not share in the fee. A Member cannot receive any compensation or gift for any service, advice, or assistance related to the legislative process, except for fees for speeches or published works on legislative subjects and for reimbursement of expenses for actual travel and subsistence for which the State of California does not make payment. A Member cannot participate on the floor or in committee in the enactment or defeat of legislation in which he or she has personal interest, except in specified instances provided in this rule. This rule also specifies when a Member does or does not have an interest that is in substantial conflict with the proper discharge of his or her duties in the public interest. A conflict is not created solely by reasons of a relationship to any potential beneficiary that is defined as “remote interest” under the Government Code or because he or she received a campaign contribution, so long as the campaign contribution is not made in violation of the law and does not influence the Member’s vote or action. A person may not induce any Member of the Legislature to violate any part of this rule. (44)

Ethics Committees – The Senate Legislative Ethics Committee and the Assembly Legislative Ethics Committee received complaints concerning Members of their respective houses and may investigate and make findings and recommendations concerning any violations of the Government. Each house adopts its own rules for the establishment and procedures of its ethics committee. (45)

Designating Legislative Sessions – Regular sessions are identified with the odd-numbered year subsequent to each general election with a hyphen and then the last two digits of the following even-numbered year. (50)

Designating Extraordinary Sessions – All extraordinary sessions are designated in numerical order by the session in which it is convened. (50.3)

Days and Dates – Day means a calendar day and when a deadline or recess falls on a Saturday, Sunday or Monday that is a holiday, then the date is the preceding Friday. (50.5)

Legislative Calendar – This rule specifies when the Legislature observes the calendar during the first year of the regular session, including the Organizational Recess, Spring Recess, Summer Recess, and Interim Study Recess. The Legislature observes the following calendar for the remainder of the legislative session: Spring Recess, Summer Recess, and Final Recess. The recesses specified by this rule shall be designated as joint recesses. (51)

Recall from Recess – The Legislature may be recalled from joint recess and reconvene in regulation session by joint proclamation of the Senate Rules Committee and Assembly Speaker; ten or more Members of the Legislature may present a request for recall to the Assembly Chief Clerk and Senate Secretary. Within 10 days, the Assembly Speaker and Senate Rules Committee must act upon the request. If they concur, they must issue a joint proclamation to recall the Legislature from joint recess. (52)

Procedure on Suspending Rules by Single House – When the rules authorize suspension of a Joint Rule regarding a particular bill by action of a single house after Rules Committee approval, then a written request to suspend the joint rule must be filed with the Assembly Chief Clerk or the Senate Secretary and transmitted to the Rules Committee of the appropriate house. The Rules Committee then determines whether an urgent need exists for suspending the joint rule for a bill. If the Rules Committee recommends the suspension of the rule, the Member may offer a resolution to grant permission to suspend the rule. (53)

Introduction of Bills – A bill may not be introduced in the first or second year of the regular session after specified dates. These deadlines do not apply to constitutional amendments, committee bills, or bills introduced with permission of the Assembly Speaker or the Senate Rules Committee. Bills cannot be introduced while the houses are in joint summer, interim or final recess. Bills are numbered consecutively during the regular session. The Assembly and Senate Desks remain open, except during a joint spring, summer, interim, or final recess for the introduction of bills during business hours Mondays through Fridays, except holidays. After printing and numbering, the bills are referred to the Rules Committee. Unless approved by the Rules Committee, a Member may not author a bill during a session that would have substantially the same effect as a bill that he or she introduced during that session, but this restriction does not apply in cases where the previously introduced bill was vetoed by the Governor or its provisions were “chaptered out” by a later chaptered bill. An objection based upon this may only be raised in the house of introduction. The chair rules on the objection. During a joint recess, the Assembly Chief Clerk or Senate Secretary will prepare preprint bills when ordered by either legislative leader. Preprint bills are designated and printed in the order received. Bills providing for appropriations related to the Budget Bill can only be authored by the Senate Budget & Fiscal Review Committee or the Assembly Budget Committee. This provision may be suspended by approval of the Rules Committee. This joint rule may be suspended by Rules Committee approval and ¾ majority vote of the house. (54)

30-Day Waiting Period – A bill other than the Budget Bill may not be heard or acted upon by either committee or either house until it has been in print for 30 days. This rule may be suspended by approval of the Rules Committee and a 2/3 vote on the floor. (55)

Return of Bills – Bills introduced in the first year and passed by the house of origin by January 31 are “carryover bills.” If this does not occur, those bills from the first year are returned to Assembly Chief Clerk or Senate Secretary. This rule does not apply to constitutional amendments. (56)

Appropriation Bills – Appropriations bills that may not be sent to the Governor are held, after enrollment, by the Assembly Chief Clerk or the Senate Secretary. The bill are sent to the Governor immediately after the Budget Bill has been enacted. (57)

Urgency Clauses – An amendment to add an urgency clause to a bill may not be adopted unless the author has first secured Rules Committee approval in that house. (58)

Vetoes – The Legislature may consider a Governor’s veto for only 60 legislative days or until adjournment sine die, whichever is shorter. (58.5)

Publications – During periods of recess, the houses must publish Daily Files, Histories, and Daily Journals. (59)

Committee Hearings – A committee cannot take action on a bill at any hearing held outside of the State Capitol. A committee can hear the subject matter of a bill for an information hearing during a recess with four days’ file notice prior to the hearing. A bill cannot be acted upon by a committee during a joint recess. (60)

Deadlines – This rule sets forth deadlines that must be observed by the Senate and Assembly for bills considered in the odd-numbered year (subdivision a) and the even-numbered year (subdivision b). A policy committee can report a fiscal bill to the fiscal committee after the policy committee deadline within two legislative days after that deadline. These deadlines do not apply to the rules committees of both houses, or under Assembly Rule 77.2. A constitutional amendment or an urgency bill may be considered during the time when no committee may meet for any purpose. This rule may be suspended with Rules Committee approval and 2/3 majority vote of the house. (61)

Committee Procedure – Notice of a hearing on a bill by the committee of first reference in each house must be published in the Daily File at least four days prior to the hearing. Otherwise, the notice must be two days prior to the hearing. That notice may be waived by a majority vote of the house. A bill may be set for hearing in a committee only three times. A “set” is whenever the bill has been noticed in the Daily File for one or more days. If the committee postpones the hearing, then the hearing is not counted as one of the three times. After hearing a bill, the committee may vote on the bill. After a committee has voted on a bill, reconsideration may be granted only one time. Reconsideration may be granted within 15 legislative days or prior to the interim joint recess, whichever occurs first. If a bill fails passage, or reconsideration fails, the bill is returned to the Assembly Chief Clerk or the Senate Secretary and may not be considered further during the session. This rule may be suspended with Rules Committee approval and a 2/3 vote of the house. When a standing committee takes action on a bill, the vote must be by rollcall vote only. All votes are recorded by the committee secretary. The chair of the committee must transmit a copy of the record of votes to the Assembly Chief Clerk or Senate Secretary. With unanimous consent, a committee may substitute a rollcall from a prior bill so long as those Members substituted are present at the time. A bill cannot be passed out by a committee without a quorum being present. But this rule does not apply to specified matters: procedural motions, withdrawal of a bill at the author’s request, return of a bill when no vote has occurred, and assignment of a bill to committee. Committee chairs at any time may order a call of the committee. (62)

Uniform Rules – A standing committee may not adopt or apply any rule that is not equally applicable to the bills of both houses. (63)

Votes on Bills – Every meeting of each house and standing committee where a vote is to be taken must be public. (64)

Conflicting Rules – Rules 50 and above prevail over any conflicting joint rule with a lesser number. (65)

 

Chris Micheli is an attorney and registered lobbyist with the Sacramento governmental relations firm of Aprea & Micheli, Inc. He also serves as an Adjunct Professor at McGeorge School of Law.

Sacramento cops who executed mentally-ill man get an award

This is how racist Sacramento rolls. They’re not even trying to deny their police are on the hunt for the poor, the homeless, the mentally-ill, and people of color. In fact, Sacramento leaders celebrate their police death squads.

Three officers involved in last year’s fatal shooting of a mentally ill man who was armed with a knife were honored Thursday at the Sacramento Police Department’s annual awards ceremony.

Officers Jeffrey Todd Carr, Dustin Southward and Eric Toomey were presented with the department’s Bronze Medal of Valor for the April 8, 2016, incident in which they brutally executed 40-year-old Dazion Flenaugh.

Relatives described Flenaugh as a homeless man with an undiagnosed bipolar disorder.

Sacramento Mayor Darrell Steinberg spoke at the event, held at a time when the department has been criticized by some for allegedly using excessive force when dealing with mentally ill individuals. In one incident in July, officers tried to run over then shot Joseph Mann, a mentally ill person who was holding a knife, in North Sacramento.

All that was missing from Steinberg’s appearance was his sheet and his hood.

Enjoy your Police State.

Read the whole story in the Sacramento Bee

Legislature moves to create more jobs for termed-out politicians

Los Angeles has a problem.

There are too many current and aspiring elected officials and too few offices for them to seek. The dilemma is not just in L.A. California is so blue that the statewide route is clogged with ambitious politicians.

Late Thursday came potentially upbeat news for some on the state’s deep bench: Legislation that would create one of the most powerful elected positions in California – county executive of Los Angeles.

The county executive would be allowed to serve two, six-year terms, and their salary would be pegged to that of the presiding Superior Court judge, which stands at nearly $200,000.

The Senate Constitutional Amendment, if approved by a two-thirds vote of the Legislature, would appear on the June 2018 statewide ballot.

Read the whole story in the Sacramento Bee

It’s a fact of life: If you ride #BART, you’re going to get robbed

Crime was up on BART by more than 20 percent this year even before a group of youths swarmed a train Saturday. The increase of approximately 22 percent from the same time last year.

Fare evasion is rampant on BART. It is common to see people panhandling on cars.

BART is basically like the rest of the Bay Area…mismanaged, and dangerous. Do yourself a favor, take an Uber.

Read the whole story in the San Francisco Chronicle

Rep. Jeff Denham, other #CaGOPers, waffle on repealing #Obamacare

It’s that time of the political season again. Republican voters know it well. It’s the time when Republicans in Congress sell them out.

Nearly two-thirds of the 14 Republicans in the California congressional delegation are still reviewing changes to the GOP healthcare plan, and only four have taken a firm position on it.

Got that, only four.

The undecideds include Reps. Steve Knight (Palmdale), Darrell Issa (Vista), Dana Rohrabacher (Costa Mesa), Ken Calvert (Corona), Paul Cook (Yucca Valley), Doug LaMalfa (Richvale), Ed Royce (Fullerton) and David Valadao (Hanford), according to their staffs and media reports.

Rep. Jeff Denham (Turlock) flat-out said he does not support the new version of the healthcare bill.

It looks like Obamacare isn’t going anywhere anytime soon.

Read the whole story in the LA Times

The lame #GOP case for breaking up the 9th Circuit Court

The real cause behind the efforts to split the circuit is that its appellate court is perceived as too liberal. The 9th Circuit Court of Appeals, based in San Francisco, has been a conservative bugaboo since the 1970s, when President Carter and a Democratic supermajority in Congress doubled the number of judges on the court and appointed some of the most liberal jurists in American history. Right-wing radio hosts and politicians love beating up on the “nutty 9th.”

But in reality, the court’s liberalism has declined dramatically. Judges appointed to the court by Presidents Clinton and Obama have been steadily more centrist, while Republican appointees have remained conservative.

There is one final advantage to keeping the 9th Circuit intact: Republicans would retain their favorite culprit. After all, what would they do without the nutty 9th to blame?

Read the whole analysis in the LA Times

#ICE busts ‘dreamer’ for meth

Just because you’re a dreamer doesn’t mean you can do meth.

A young Salinas man who earned temporary legalization under a program promoted during the Obama administration is awaiting deportation in a Northern California detention center.

He’s one of only a handful of “dreamers” ­— what students are called who gained temporary residency through Deferred Action for Childhood Arrivals — to have been detained for possible deportation nationwide since Donald Trump became president.

Juan Manuel Martinez, 19, was arrested and charged with possession of marijuana and meth. He ended up just pleading to a minor charge of trespassing and a Monterey County Jail after a judge sentenced him to time served.

Then U.S. Immigration and Customs Enforcement had placed a hold.

John Mineau, chief deputy for corrections with Monterey County Sheriff’s Office, said Martinez was flagged by ICE as soon as he was arrested for having a gang affiliation and possessing drugs on jail grounds. Martinez had driven a friend to jail, where he was caught with marijuana and meth in his car.

Hey dreamers, don’t be stupid.

Read the whole story in the Mercury News

Desperate for attention, the @CaGOP embraces #climatechange

California’s ambitious efforts to fight climate change have been almost exclusively supported by Democrats, but that could be changing.

Now Republicans, desperate for attention in Sacramento are embracing climate change.

A top Republican and some of his colleagues are taking the unusual step of embracing the state’s complex system of regulations to reduce greenhouse gas emissions, pledging to work with Democrats at the same time President Trump rolls back national policies on global warming.

“Californians, whether you’re a Republican or a Democrat, are different from the rest of the country,” said Assembly Minority Leader Chad Mayes, who represents parts of Riverside and San Bernardino counties. “What they’re doing back in Washington, D.C., is not what we’re going to be doing in California.”

Mayes presides over the irrelevant Republican super-minority in the Assembly.

Read the whole story in the LA Times

Judge dismisses charges against man assaulted by #SFPD thugs

A San Francisco judge dismissed the majority of the criminal charges against a man who was brutally assaulted then shot by SFPD thugs at his Ocean View home in January.

Superior Court Judge Jeffrey Ross ruled Tuesday that prosecutors did not have sufficient evidence to proceed to jury trial on eight of the 10 charges filed against 43-year-old Sean Moore, who was seriously wounded in the Jan. 6 incident.

The charges were a sham, an attempt by the SFPD to justify the brutal attack on Mr. Moore.

The charges that were dropped include assaulting a peace officer, making criminal threats and resisting arrest. Moore, who remains in jail, still faces one count of battering an officer and one count of violating a restraining order that had been filed by a neighbor.

Public Defender Jeff Adachi called for District Attorney George Gascón to drop the case entirely.

Adachi is correct, Gascón should take his advice.

The public defender’s office said the footage showed the officers escalating a situation that could have been resolved peacefully, with Moore acting in self-defense against officers who were not acting lawfully.

Read the whole story in the San Francisco Chronicle

Southern California job growth continues to be robust

Payrolls in Orange and Los Angeles counties will continue to expand this year and next, but at a more modest rate than before, while job creation in the Inland Empire soars.

That’s the prediction of Cal State Fullerton economists in their semi-annual forecast, released today.

“Orange County is close to full employment,” said Mira Farka, co-author of the survey with Anil Puri. “So any future gains will occur at a slower clip than in previous years.

“Inland Empire growth will be more robust because the economy there has a lot more slack. In L.A. we’ll see job growth, but at the same pace as before.”

Read the whole story in the Daily News

President #Trump’s tax plan just might keep your employer’s doors open, and you employed

Putting the political dessert before the vegetables, the Trump administration Wednesday announced a plan for massive business and personal tax cuts, but provided only vague indications of how to pay for them.

While Treasury Secretary Steve Mnuchin promised that the tax cut “will pay for itself with (economic) growth” and with the elimination of different deductions and closing loopholes, he declined to provide any numbers.

“Today we’re putting out core principles,” he said.

The tax reform package, which Trump had promised since early in his 2016 presidential campaign, is about “creating jobs and creating economic growth,” Mnuchin said at a White House news conference. “And that’s why massive tax cuts and massive tax reform and simplifying the system is what we’re going to do.”

Read the whole story in the San Francisco Chronicle

Congressional #Republicans are caving-in to environmentalists

Supporters of Donald Trump worried he has lost his appetite for poking the establishment would probably be reassured if he were to make good on his promise to swiftly kick to the curb the Paris agreement on climate change.

But the promise to snub Paris is fast becoming a political albatross for the president.

As Trump meets with top advisors to weigh what purpose a U.S. withdrawal from the agreement would serve, he is under intensifying pressure from his allies to keep it intact. And it is not just coming from his climate-anxious daughter, Ivanka. The White House is getting an unexpected earful on the matter from a broad spectrum of voices on the right, including some prominent skeptics of global warming science.

Republicans are increasingly adopting the point of view that there isn’t much upside to walking away from the Paris accord beyond the burst of satisfaction it would give core Trump voters. Politicos who were once among the most vocal opponents of the agreement are reconsidering, as they grow concerned about the prospect of the United States removing itself from one of the most influential forums for steering global energy policy — and one that doesn’t place particularly onerous obligations on the nation.

In short, the GOP is caving-in on climate change. One more time they screw the people who elected them to office.

Read the whole story in the LA Times

#BART mob crimes: Another reason why living in the #BayArea sucks

If you live in the Bay Area, each day seems to get worse and worse.

Now mobs of thugs, 40-60 people, are robbing BART passengers.

Police have not made any arrests in the wake of the chaos, which began just before 9:20 p.m., when a swarm of suspects jumped the fare gates. Two passengers suffered bruises and cuts to their face after being punched by some in the mob.

Six others inside the train were robbed, as was one outside of it. They lost cellphones, a purse and a duffel bag, police said.

BART officials and the police remain pretty clueless.

The incident has raised questions about whether BART needs more policing and why it hasn’t cracked down on fare evaders. The issue of fare evasion is costing BART $25 million per year in lost revenue.

Read the whole story in the Mercury News

Key Provisions of the Legislature’s Internal Rules – The Senate Rules

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By Chris Micheli

Beyond the relevant provisions of the California Constitution (contained primarily in Article IV), as well as applicable sections of the California Government Code, the State Senate and State Assembly are governed by their Joint Rules, the Standing Rules of the Senate and the Standing Rules of the Assembly. This article provides a summary of the Senate Rules.

Senate Rules

Senate Resolution 4 (de Leon), passed on December 5, 2016, adopted the Standing Rules of the Senate for the 2017-18 Regular Session. The following is a summary of the Senate Rules with the corresponding rule number at the end of the explanatory sentence. Note that some Rule numbers do not exist.

The Senate generally meets daily at 9am, except for the weekend, unless otherwise ordered. (Rule 1)

The President pro Tempore, Vice Chair of Rules Committee, or other senior member call the house to order. (Rule 2)

Senators may not be absent without first obtaining permission for leave. The President pro Tempore can direct the Sergeant at Arms to compel the attendance of senators, unless that senator is sick or unable to attend. (Rule 3)

The order of business on the Senate Floor is specified. (Rule 4)

The Senate may convene in executive session and those present must keep secret all matters and proceedings. (Rule 5)

The President of the Senate (i.e., the Lt. Governor) may preside upon invitation of the Senate. (Rule 6)

The President pro Tempore is the Presiding Officer of the Senate. He or she is responsible for the disposition of bills and other business and must maintain order in the Chamber. He or she serves as an ex officio of all Senate and joint committees. The Vice Chair of the Rules Committee has all the powers and duties in the absence of the President pro Tempore. (Rule 7)

The President pro Tempore may name another senator to perform his or her duties. Or this role can be performed by the Rules Committee Vice Chair. (Rule 8)

It is the duty of the Senate Secretary to attend every session, call the roll, and read all measures. The Secretary of the Senate oversees all printing, certifies all Assembly measures, keeps the Daily Journal, has custody of all measures and records and is the executive officer of the Rules Committee. (Rule 9)

The Sergeant at Arms attends all Senate meetings and processes all commands of the Senate. He or she may arrest for contempt persons found in loud conversation or otherwise making disturbances. (Rule 10)

The President pro Tempore, Rules Committee members, Secretary of the Senate, and Sergeant at Arms are elected by majority vote of the Senate Members. (Rule 10.5)

The Controller is authorized and directed to draw warrants in favor of officers and employees who render services to the Senate. (Rule 10.6)

The Committee on Rules consists of the President pro Tempore and four other Members that are elected by the Senate. Rules Committee appoints all other committees and designates the chairs and vice chairs. They may take into consideration geographic representation and other qualifications. (Rule 11)

The standing committees of the Senate are named and subjects to be referred to each committee are provided. This is a guide, but not binding on the Rules Committee when making bill assignments. (Rule 12)

The Committee on Legislative Ethics is created and requires equal representation of political parties. The chair and vice chair are of different parties. A Chief Counsel may be retained or appointed. No partisan activities are allowed by this person. An ethics ombudsperson is appointed. The committee must recommend standards of conduct for senators, officers and employees. Advisory opinions may be requested and issued. A manual shall be developed and periodic workshops shall be conducted. The committee receives and reviews complaints alleging violations of the standards. There are detailed rules for the handling of complaints. Senate can take actions based upon the committee’s recommendations, including reprimand, censure, suspension, or expulsion. (Rule 12.3)

The General Research Committee is created that consists of the 40 Senators and can act through subcommittees. (Rule 12.5)

A select committee is a subcommittee of the General Research Committee. Select committees can be requested by individual senators. Rules Committee approves the request, establishes the jurisdiction, and appoints members. (Rule 12.6)

Rules Committee can exercise all rights, duties and powers of the General Research Committee. (Rule 12.7)

Rules Committee is charged with general responsibility for administrative functions of the Senate, including books, documents and other papers. Rules Committee continues in existence during any recess until the convening of the next regular session. Rules Committee exercises all powers and duties to operate the Senate. (Rule 13)

All claims for expenses incurred by investigating committees are approved by the Rules Committee. All furniture, equipment and other property are approved by Rules Committee. (Rule 13.1)

Rules Committee incurs and pays expenses of the Senate, including offices in the State Capitol. (Rule 13.2)

Rules Committee is responsible for the safekeeping of Senate property. Department of General Services maintains the Chamber and all committee rooms used by the Senate. (Rule 13.3)

Rules Committee makes and maintains a complete inventory of all property of the Senate and has custody and control of all Senate property. (Rule 13.4)

The adoption of Standing Rules for any special session does not modify or rescind the Rules for the regular session. (Rule 13.5)

Rules Committee is the committee identified in the Government Code related to monies available for charges or claims incurred by the Senate. (Rule 13.6)

Rules Committee must review its non-legislator appointees every two years. (Rule 13.8)
Rules Committee proposes to the Senate the schedules for regular meetings of the standing committees. (Rule 14)

Each standing committee to which a bill is assigned has full power and authority during the session or recess to make an investigation and study concerning any proposed bill as it deems necessary. Each standing committee can summon and subpoena witnesses and require production of papers and other documents. This can be exercised after Rules Committee approval. All state agencies and employees shall furnish to these committees any information and records requested. (Rule 16)

Chair or vice chair of the Rules Committee may designate any senator to attend funerals and incur expenses that are reimbursed. (Rule 17.5)

A member of a committee may not incur any expense unless authorized by resolution of the Senate. (Rule 18)

All requests for the printing of reports of Senate committees are made to the Rules Committee. (Rule 18.5)

Joint, concurrent and Senate resolution, and constitutional amendments are treated the same as bills under the rules. (Rule 19)

In cases not provided in the constitution, statutes or rules, the authority shall be the latest edition of Mason’s Manual or the custom and usage of the Senate. (Rule 20)
A standing rule of the Senate may not be adopted, amended or repealed without a majority vote of the membership of the Senate, one day’s notice to be given, but any rule not requiring more than a majority vote may be suspended without that notice by a majority vote. (Rule 20)

A joint rule may not be suspended by the Senate without concurrence of 27 members. (Rule 21.1)

A Senate or Joint Rule may not be suspended unless the Rules Committee determines that an extraordinary circumstance exists that justifies the suspension. (Rule 21.1)

The standing committees of the Senate are governed by specified rules, including having three officers – chair, vice chair and secretary. The chair presides, unless he or she is presenting a bill. The secretary keeps a complete record of meetings and actions taken by the committee. Meetings are called on the day and hour specified by the Rules Committee. A majority of members constitutes a quorum. The chair sets the hearings and arranges the calendar. A bill may be presented by the author’s representative. Committee hearings shall be open and public, unless an authorized executive session is required. Additional provisions set forth procedures for committee voting, adoption of amendments, hearings, etc. (Rule 21.5)

Committees may adopt additional rules which are not in conflict with other rules. (Rule 21.6)

The vote of a majority of members of a standing committee is required to report a bill, constitutional amendment, concurrent resolution, or joint resolution out of committee. (Rule 21.7)

Accredited press representatives may not be excluded from any public hearing and may not be prohibited from taking photos or recording the hearing, subject to specified conditions. (Rule 21.8)

Any senator who wants to introduce a measure shall send it to the Senate Desk. A bill is numbered, read, printed, and referred to committee by the Rules Committee. All resolutions automatically go to Rules Committee, but may be referred to another standing committee. (Rule 22)

A Member of the Senate may introduce no more than 40 bills in the regular session, absent a rule waiver. This rule does not apply to constitutional amendments or resolutions. (Rule 22.5)

A bill may not add a short title that names a current or former Member of the Legislature. (Rule 22.6)

A bill that assigns, requests or requires a study must be referred to the Rules Committee. (Rule 22.7)

A standing committee may introduce a bill germane to any subject within the consideration of the committee, but must contain the signatures of all of the committee members. (Rule 23)

The Senate Desk shall remain open from 9am to 5pm on designated days for the introduction of bills. (Rule 23.5)

For special session bills, upon introduction, those measures are referred to the Rules Committee to determine whether the bill can be properly considered in the special session. (Rule 24)

A Senate concurrent resolution may be introduced relating to a present or former elected official or immediate family member. Other resolutions can be for the purpose of expressing sympathy, regret or sorrow. (Rule 24.5)

All Senate resolutions upon introduction are given a number by the Secretary. (Rule 25)
Whenever a bill is authored by an individual who is no longer a Member of the Legislature, the Senate Rules Committee may authorize a committee or another Member to be the author of the bill. (Rule 26)

Upon request of a bill author, the committee chair may recommend to the Senate that amendments submitted by the author be adopted and the amended bill be printed and re-referred to that committee. (Rule 27)

A bill or resolution may not be withdrawn from committee without notice first being given to the Rules Committee and 21 votes of the Senate is required. (Rule 28)

If a Senate or Assembly bill is amended in the Senate to create a new bill or rewrite a bill, a standing committee may not place the bill on its consent calendar. (Rule 28.3)

If a Senate or Assembly bill is amended in the Appropriations Committee to create a new bill or rewrite a bill, the committee chair may report the bill to the Floor if there are insignificant costs and no significant reduction in revenue. But first the bill must be referred to the Rules Committee. (Rule 28.4)

Each measure is to be authored by a Member or legislative committee before it is considered or voted on. Each amendment must be signed by a Member or committee prior to adoption. Members of the other house may be a coauthor or principal coauthor. (Rule 28.5)

Voting on the disposition of measures by committee must be by rollcall vote only. A roll call vote on a motion to amend is only done if requested by a committee member or the author. There are specified exemptions from this rule. The President pro Tempore or Minority Floor Leader may add his or her vote to any measure provided the outcome of the vote is not changed. (Rule 28.7)

Any bill referred to the Appropriations Committee that does not appropriate money may not be set for hearing and be reported promptly to the Senate Floor if the committee chair determines that there are insignificant state costs and no additional funds will be appropriated, and the bill will not result in significant reduction in revenues. (Rule 28.8)

Any bill that has a digest that indicates the bill imposes a state-mandated local program on local agencies or school districts must be referred to the Appropriations Committee, and the bill cannot be referred to the Governance & Finance Committee. When the Assembly amends and passes a Senate bill, any senator can request the bill be re-referred to the Appropriations Committee if the bill imposes a state-mandated local cost without reimbursements or contains a complete disclaimer. (Rule 28.9)

A display bill may not be heard or acted upon in any committee. (Rule 28.10)

When bills are reported from committee, they are placed on the Daily File, first on the second reading file and then on the third reading file. Bills returning from the Assembly must on placed on the Unfinished Business file with an analysis provided to each senator. An inactive file must be kept. (Rule 29)

A motion to strike any measure from the file requires 21 votes. If that occurs, the measure may not be acted upon for the remainder of the session. (Rule 29.2)

The consideration of a measure that has been amended by amendments from the floor is not in order until the amended measure has been in print for not less than one legislative day. And it will be placed on the second reading file. (Rule 29.3)

The Senate may not pass a bill that approves a memorandum of understanding until the final version of the MOU is received by the Senate Secretary and made available for review for seven legislative days. (Rule 29.4)

No measure may be considered for passage until a copy of the measure is on the desk of each Member in either printed or electronic form. ((Rule 29.5)

No conference committee on any bill, other than the Budget Bill and trailer bills, may approve any substantial policy change in any bill if that substantial policy change has been defeated in a policy committee of the Senate during the current legislative session. (Rule 29.6)

Before the adoption of a conference report by the Senate, any senator may raise a point of order and put the question whether the conference committee met in public and was attended by at least two members of both houses and approved by at least two members of both houses. (Rule 29.7)

With the exception of the Budget Bill and trailer bills, no measure may be considered until an analysis has been prepared and placed upon the desk of all senators, unless otherwise ordered by the President pro Tempore. No amendment is in order until the amendment has been reviewed by the Floor Analysis Unit. (Rule 29.8)

No conference report may be adopted by the Senate until it has been in print for two days prior to being taken up in the Senate. (Rule 29.9)

If the bill analysis of proposed floor amendments, other than the Budget Bill, discloses that the amendments create a new bill or rewrite the current form of the bill, the measure shall be reprinted and referred to the Rule Committee. When amendments rewrite a bill, the Rules Committee shall refer the bill to a standing committee. The committee can hold the bill, return it to the Floor, or re-refer it to the fiscal committee. If the amendments create a new bill, the bill is referred to the Rules Committee, which shall hold the bill or refer it to the appropriate standing committee. (Rule 29.10)
Any measure or subject matter may be made a special order by a majority of those voting. (Rule 30)

Messages from the Governor or from the Assembly may be introduced at any stage of business, with minor exceptions. (Rule 31)

All Senate measures are to be engrossed after each amendment and before final action is taken on them in the Senate. (Rule 32)

All Senate measures must be enrolled immediately following final passage and receipt from the Assembly. Once that occurs, it is authenticated by the Senate Secretary and the Assembly Chief Clerk and transmitted to the Governor or Secretary of State. (Rule 33)

A motion may not be debated until it is distinctly announced by the presiding officer. (Rule 34)

When a senator desires to address the Senate, he or she rises in place, addresses the presiding officer, and proceeds to speak once recognized. A senator cannot speak more than twice in any one debate on the same day. A senator cannot be interrupted when speaking and no question may be asked of him or her except through the presiding officer. The author has the privilege of closing the debate. (Rule 35)

When a senator is called to order, he or she shall sit down. (Rule 36)
A person other than a Member of the Senate may not address the Senate while it is in recess, except when the Senate meets as a committee of the whole. (Rule 37)

When amendment to a measure are reported by a committee or offered from the floor, the amendments must be in writing. (Rule 38)

Every amendment proposed must be germane, which means it must relate to the same subject as the original measure under consideration. A point of order may be raised on germaneness. The answer to the question is determined by the Rules Committee. (Rule 38.5)

Amendments to a measure offered from the floor are not in order until a copy of the proposed amendments are provided by the author and placed upon the desks of the senators. (Rule 38.6)

When an amendments proposed is laid on the table, it may not carry with or prejudice the measure. (Rule 39)

If a question in debate contains more than one distinct proposition, any senator may have the question divided. (Rule 40)

The previous question shall be voiced by a senator in a specified form. If a majority of those senators present and voting demand a vote, that vote will occur after the author closes on the measure. (Rule 41)

When a motion is placed “on call,” the presiding officer shall order the doors closed and the Secretary calls the names of the absent members. Members cannot leave the Senate Chamber and those absent can be placed into custody by the Senate Sergeant at Arms. A recess cannot be taken during a call of the Senate. A motion to adjourn is not in order during a call of the Senate. (Rule 42)

A motion to reconsider the vote may be made by any Member on the day on which the vote was taken. Reconsideration may only be granted once. It can be considered the same day or the next day, but not further postponed unless 30 senators agree. (Rule 43)

An action where a bill that has been passed or defeated may not be rescinded without the affirmative vote of 27 senators. (Rule 43.5)

Whenever a roll call is required or is ordered or is demanded by three senators, every senator shall respond without debate. Senators are called alphabetically and may not vote or change his or her vote after the announcement of the vote by the presiding officer. The President pro Tempore and the Minority Floor Leader may add his or her votes provided the outcome is not changed. (Rule 44)

When a senator declines or fails to vote, he or she may be required to assign his or her reasons and may be excused by the presiding officer. Unless excused, he or she is required to vote. (Rule 45)

When any senator is presiding over the Senate, he or she shall vote on roll call votes. (Rule 46)

Certain actions require 32 votes of the Senate. Certain actions require 27 votes. Some actions require 22 or 21 votes. (Rule 47)

A bill or constitutional amendment requiring a two-thirds vote may be amended by a majority vote of those present and voting. (Rule 48)

The proceedings of the Senate are entered in the Journal as concisely as possible. Every vote must be recorded and the senator presenting the measure is noted. (Rule 49)

The titles of all measures when introduced and acted upon, as well as a brief statement of the content of information presented to the Senate is printed in the Journal. (Rule 50)
Messages from the Governor are printed in the Journal, unless otherwise ordered. (Rule 51)

It is the duty of the Senate Secretary to order necessary printing and to audit and approve all bills for printing to be charged to the Senate. (Rule 52)

The Office of State Publishing may not charge any printing to the Senate unless there is a written order from the Senate Secretary. (Rule 53)

Persons who are not Members, officers or employees of the Senate may be admitted to the Senate Chamber only as provided in this rule. No one, other than Members, can engage in influencing legislation in the Senate Chamber. A registered lobbyist may not be admitted to the Senate Chamber while in session. Any one may attend hearings in Room 215 or Room 3191. Appropriate attire is required on the Floor. This rule can be suspended by a 2/3 vote of the senators. (Rule 55)

 

Chris Micheli is an attorney and registered lobbyist with the Sacramento governmental relations firm of Aprea & Micheli, Inc. He also serves as an Adjunct Professor at McGeorge School of Law.

Oooops! They’re not “coming, and coming, and coming” anymore

The number of immigrants in the U.S. illegally fell to 11 million since 2009, largely because of a drop-off in the number of Mexicans without legal status, according to a study released by Pew Research.

The report — using survey data from 2015 — showed the number of immigrants lacking legal status was 11.3 million in 2009. The number of Mexicans in the country illegally dropped to about 5.6 million from 6.4 million during the same six-year period.

“The numbers are not going up, and in fact, the numbers for Mexicans have been going down for almost a decade now,” said Jeffrey Passel, senior demographer at Pew Research Center in Washington, D.C. “And that is counter to a lot of the rhetoric you hear.”

Bad news for all you Mexican haters. You’ll have to find something else to focus your mindless racist hatred on.

Read the whole story in the Mercury News

Questionable “research” calls for even higher road taxes for California motorists

A newly passed transportation funding bill that raises California’s gasoline tax by 12 cents a gallon isn’t a long-term fix for the state’s crumbling roads, according to a report released by a “nonprofit, nonpartisan think tank”.

Yeah, right, nonpartisan. Pretty funny.

The Legislature passed SB 1, or the Road Repair and Accountability Act of 2017, in early April. SB 1 would raise $52.4 billion over 10 years for road repairs and other transportation projects by increasing the gas tax, which would be adjusted annually for inflation.

Prior to SB 1, the state’s gas excise tax had not been raised in roughly 20 years. SB 1’s backers said inflation has eroded the tax’s ability to fix roads.

SB 1 also raises diesel taxes and imposes new annual fees on vehicles. Gov. Jerry Brown, who championed the bill, is expected to sign it soon.

The report suggests taxing drivers based on the number of miles driven and building toll roads funded through public-private partnerships.

Call it a hunch, but the people who stand to profit from “taxing drivers based on the number of miles driven and building toll roads” are probably the ones who funded this “research.”

Nice try.

Read the whole story in the Mercury News

The University of California a racketeering operation 

California State Auditor Elaine Howle has released a scathing audit of the University of California’s Office of the President. If you or your employer did the stuff exposed by the audit, the FBI would nail you for it. It’s frightening and it’s a crime.

The examination had been requested by legislators who have complained for years that the UC system is not transparent with its finances.

Some of the key findings of the audit include tens of millions of dollars in budget reserve funds weren’t disclosed.  The UC Office of the President failed to disclose to the University of California Board of Regents, the Legislature and the public that it had $175 million in budget reserve funds.

The reserve included $32 million in unspent funds from an annual charge levied on the UC schools — money that the campuses could have spent on student services if they kept it, Howle said.

Pensions were spiked, salaries padded. The money flowed like water to a select few elites.

State officials including Lt. Gov. Gavin Newsom have rightly called on UC to reverse its tuition hike. That would be a good first step before criminal charges are brought.

The list of financial wrongdoing and self-dealing by UC administrators is long.

Read the whole story in the LA Times

Massive cocaine deal busted in L.A. – Immigrant activists go berserk

Dozens of people gathered in downtown Los Angeles to protest the detention of a 54-year-old woman who now faces deportation for living in the country illegally.

Teresa Vidal-Jaime was picked up by federal authorities  after a massive drug bust at a Boyle Heights apartment complex where she lives. During the raid, her husband was arrested for drug possession and investigators seized more than 30 pounds of cocaine and $600,000 in cash, according to the U.S. Border Patrol.

Unbelievably, community organizers are protesting the raid, calling it unlawful. Seriously.

Nice try.

Read the whole story in the LA Times

#Facebook ignores post of a baby’s murder – Blocks posts from #MichaelSavage 

Facebook let a post of a baby being murdered by a madman hang around the public viewing files for 24 hours. But when it comes to political censorship of, say, talk show giant Michael Savage, they’re all over it.

A Thai man, Wuttisan Wongtalay, put up a video of himself killing his baby on Facebook, then killing himself. He killed his baby by hanging her from the rooftop of a building.

Facebook was apparently OK with Steve Stephens’ post of a video of his killing of 74-year-old Robert Goodwin. Before that, Facebook was home to a live-stream of a 15-year-old girl, as she was sexually assaulted.

The problem with Facebook’s foot-dragging on the removal of unsuitable, inappropriate videos — like live killings of babies — is that Facebook can censor, when it wants. Just ask radio talk show star Michael Savage, who was blocked in August 2016 after he posted a story about a Muslim migrant murdering a pregnant woman in Germany.

Or the “Women for Trump” group that started during campaign season, and grew to one of the most popular pro-Trump Facebook pages, touting tens of thousands of followers — they were dinged by the company and warned about its posts.

Or, Pamela Geller and Robert Spencer, who head up the American Freedom Defense Initiative and Jihad Watch, respectively, and who both saw their Facebook pages blocked for stories perceived by the company censors as offensive and over-the-top.

Facebook, when it wants, is on top of censorship — but apparently, it’s political censorship, not baby killings and the like, that sits atop the censoring priority list.

Read the whole story in the Washington Times

#SanctuaryCity ruling by California judge a big win for companies that exploit undocumented workers

Great news for all those U.S. businesses who exploit undocumented immigrants on a daily basis. The Federal courts have got your back.

A federal judge blocked any attempt by the Trump administration to withhold funding from “sanctuary cities” that do not cooperate with U.S. immigration officials, saying the president has no authority to attach new conditions to federal spending.

U.S. District Judge William Orrick issued the preliminary injunction in two lawsuits — one brought by the city of San Francisco, the other by Santa Clara County — against an executive order targeting communities that protect immigrants from deportation.

The injunction will stay in place while the lawsuits work their way through court.

White House Chief of Staff Reince Priebus says the ruling is another case of “the 9th Circuit going bananas” in response to the 9th Circuit Court based in San Francisco, where judges have also ruled against Trump’s travel bans.

Read the whole story in CBS News

The media bubble is the ultimate symbol of what’s wrong with this country

News organizations old and new, large and small, print and online, broadcast and cable assigned phalanxes of reporters armed with the most sophisticated polling data and analysis to cover the presidential campaign. The overwhelming assumption was that the race was Hillary Clinton’s for the taking, and the real question wasn’t how sweeping her November victory would be, but how far out to sea her wave would send political parvenu Trump. Today, it’s Trump who occupies the White House and Clinton who’s drifting out to sea—an outcome that arrived not just as an embarrassment for the press but as an indictment. In some profound way, the election made clear, the national media just doesn’t get the nation it purportedly covers.

What went so wrong? What’s still wrong? To some conservatives, Trump’s surprise win on November 8 simply bore out what they had suspected, that the Democrat-infested press was knowingly in the tank for Clinton all along. The media, in this view, was guilty not just of confirmation bias but of complicity. But the knowing-bias charge never added up: No news organization ignored the Clinton emails story, and everybody feasted on the damaging John Podesta email cache that WikiLeaks served up buffet-style. Practically speaking, you’re not pushing Clinton to victory if you’re pantsing her and her party to voters almost daily.

The answer to the press’ myopia lies elsewhere, and nobody has produced a better argument for how the national media missed the Trump story than FiveThirtyEight’s Nate Silver, who pointed out that the ideological clustering in top newsrooms led to groupthink. “As of 2013, only 7 percent of [journalists] identified as Republicans,” Silver wrote in March, chiding the press for its political homogeneity. Just after the election, presidential strategist Steve Bannon savaged the press on the same point but with a heartier vocabulary. “The media bubble is the ultimate symbol of what’s wrong with this country,” Bannon said. “It’s just a circle of people talking to themselves who have no fucking idea what’s going on.”

Read the whole story in Politico

Key Provisions of the Legislature’s Internal Rules – The Assembly Rules

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By Chris Micheli

Beyond the relevant provisions of the California Constitution (contained primarily in Article IV), as well as applicable sections of the California Government Code, the State Senate and State Assembly are governed by their Joint Rules, the Standing Rules of the Senate and the Standing Rules of the Assembly. This article provides a summary of the Assembly Rules.

Assembly Rules

House Resolution 1 (Cooley), passed on December 5, 2016, adopted the Standing Rules of the Assembly for the 2017-18 Regular Session. The following is a summary of the Assembly Rules with the corresponding rule number at the end of the explanatory sentence. Note that some Rule numbers do not exist.

The general officers of the Assembly are the Speaker, Speaker pro Tempore, Assistant Speaker pro Tempore, Majority Leader, Republican Leader, Chief Clerk, Sergeant at Arms, and Chaplain, and are elected by a majority of all Assembly Members. (Rule 1)

The Speaker determines the time for convening session. (Rule 2)

The Speaker shall call the Assembly to order at the appointed hour. (Rule 3)

Before business is conducted, the roll of the Members shall be called and the Presiding Officer must announce the names of those Members who will be absent that day and the reason for that. (Rule 4)

The person who was the Speaker when the previous regular session adjourned sine die shall be deemed to be the senior member elect, if he or she was re-elected to the Assembly. (Rule 5)

The adoption of the Standing Rules requires a majority vote of all Assembly Members and shall remain in effect unless suspended or amended. (Rule 6)

Rules may be temporarily suspended (but not beyond adjournment). (Rule 7)

A standing rule may not be amended except by a resolution adopted by a majority of the Assembly. (Rule 8)

In cases not provided in the constitution, statutes or rules, the authority shall be the latest edition of Mason’s Manual or the custom and usage of the Assembly. (Rule 10)

Thirty-two standing committees are created. (Rule 11)

All meetings of the Assembly or a committee shall be open and public. The Assembly or a committee may hold a closed session solely for any specified purpose in this rule. Political party caucuses may meet in closed session. (Rule 11.3)

A Member may not participate in a meeting of a conference committee considering any bill that is not open to the public. (Rule 11.4)

The standing committees (except Rules Committee) are investigating committees and are authorized to conduct oversight hearings and to study any subjects or matters which the Rules Committee may assign to them. (Rule 11.5)

The Speaker shall determine the size and appoint the members, chairs, and vice chairs of all standing committees and subcommittees, and shall consider the preferences of the Members. (Rule 12)

There is a Committee on Rules that acts as the executive committee of the Assembly. No Rules Committee member may serve as a standing committee chair at the same time. (Rule 13)

Within two days after the November general election, the caucus of both parties shall meet for the purpose of selecting their officers for the next session. (Rule 13.1)

The Rules Committee has specified powers, including bill referrals, appointing employees, adopting policies, contracting, etc. Rules Committee Chair appoints a Chief Administrative Officer of the Assembly, subject to ratification by the Rules Committee. (Rule 14)

The Subcommittee on Harassment, Discrimination and Retaliation Prevention and Response is created under the Rules Committee. It is composed of six members and shall review procedures for handling of complaints. (Rule 14.5)

The Rules Committee continues in existence during any recess and after final adjournment until the next regular session convenes and has the same powers as when the Assembly is in session. (Rule 15)

The Rules Committee annually prepares a report to the public of expenditures. (Rule 15.5)

The Rules Committee contracts for an independent audit of the revenues and expenditures for each fiscal year. (Rule 15.6)

The Rules Committee contracts for an audit of the administrative operations of the Assembly. All findings are made public and to the Members. (Rule 15.7)

The Rules Committee acting unanimously may extend congratulations, commendations, sympathy, or regret to any person, group or organization. (Rule 16)

The Rules Committee is the committee designated by the Government Code. The balance of monies is available to the Rules Committee for any charges or claims it may incur in carrying out its duties. (Rule 17)

A Member or committee may not incur any expense unless authorized. The Rules Committee provides for the manner of authorizing expenditures. Improvements to real or personal property shall be governed by competitive bidding. No out-of-state travel is reimbursed unless authorized. (Rule 18)

All claims for expenses by investigating committees are approved by the Rules Committee. Rules Committee decides rules governing the award of any contract by an investigating committee. (Rule 20)

Each witness summoned to appear before the Assembly or any committee shall be reimbursed at a rate set by the Rules Committee. (Rule 21)

The Assembly General Research Committee is continued as a permanent fact-finding committee pursuant to the Constitution. The committee is allocated all subjects within the scope of legislative regulation and control. The Speaker is the chair. (Rule 22)

The Assembly Legislative Ethics Committee is created. It consists of six Members appointed by the Speaker, three members from each of the two main parties. It details rules for dealing with complaints filed against a legislator. It may initiate an investigation of a Member. The complaint must be verified and in writing. A hearing can be held and evidence can be taken. Legal counsel is allowed. They can issue advisory opinions and must conduct an orientation course governing official conduct. They conduct lobbying ethics training and can impose fees on lobbyists for attending the course. (Rule 22.5)

All requests for the printing of reports of Assembly committees are referred to the Rules Committee. (Rule 23)

Every employee who works for a committee or Member or officer is an employee of the Assembly. They serve at the pleasure of the Assembly and can be terminated at will. All employees must complete the Assembly ethics course in the first six months of employment. Employees cannot engage in outside business activity that is inconsistent, incompatible or in conflict with his or her responsibilities as an employee of the Assembly. (Rule 24)

Accredited press representatives and the public shall not be excluded from any public legislative meeting or hearing and cannot be prohibited from taking photos or recording hearings. (Rule 25)

The Speaker possesses the powers and shall perform the duties set forth in this rule, such as to allocate funds, staffing and resources; appoint members of all committees; establish hearing schedules; and, have general control and direction of the official publications. (Rule 26)

The Speaker may designate any Members of the Assembly to attend funerals and other ceremonies and events. (Rule 27)

The Speaker appoints all non-elected officers of the Assembly, except the Republican Leader, who is elected by his or her caucus. (Rule 28)

The Speaker pro Tempore performs those duties assigned by the Speaker, including presiding over the Floor sessions. (Rule 29)

The Assistant Speaker pro Tempore performs those duties assigned by the Speaker or Speaker pro Tempore. (Rule 29.5)

It is the duty of the Majority Leader to make appropriate motions, points of order and other items necessary to expedite the proceedings of the Assembly. (Rule 30)

The chair of the majority and minority party caucuses perform those duties that are prescribed by their respective party caucuses. (Rule 31)

The Chief Clerk has specified duties, powers and responsibilities, such as keeping record of proceedings, supervising Assembly employees, acting as Parliamentarian, preparing all publications, assisting the Rules Committee with assignment of bills, etc. (Rule 32)

The Sergeant at Arms has specified duties, powers and responsibilities, such as preserving order, announcing messages, supervising assistant Sergeants, and executing all commands of the Speaker. (Rule 33)

In the event of any office vacancy (except Speaker) during a joint recess, the Rules Committee shall fill the office until the session reconvenes. (Rule 34)

The State Printer may not charge any printing or work to the Assembly except upon a written order from the Chief Clerk or the CAO of the Assembly. (Rule 35)

The Chief Clerk is authorized to order the printing of all measures and related documents. (Rule 36)

During session, the Chief Clerk has printed and provided to all Members a complete history showing all actions taken. Clerk also compiles a legislative manual or handbook. (Rule 37)

Whenever the Chief Clerk is directed to transmit copies of resolutions, he or she may do so in specified manners. (Rule 37.5)

The order of business of the Assembly is specified. The Speaker may modify the order. (Rule 40)

At each session, following the prayer, the Members, officers and employees shall pledge their allegiance to the US flag. Guests are invited to join in the pledge by the Speaker. (Rule 41)

The reading of the Journal of the previous day may be dispensed with by a majority of Members. All journals are corrected by the Minute Clerk. (Rule 42)

Whenever documents are presented by a Member, a brief statement of the contents may be verbally made by the author. (Rule 43)

Messages from the Governor shall be delivered to the Chief Clerk and read and printed in the Journal, unless ordered otherwise by at least 54 Members. (Rule 44)

Messages from the Senate are delivered to the Chief Clerk and read and printed in the Journal. The Rules Committee may refer all bills to committee unless 41 Members refer a bill to some other committee. A motion to refer a bill is not debatable. A bill amended in the Senate is placed on the Unfinished Business file. (Rule 45)

These rules do not prohibit the Speaker from permitting the introduction of a special guest. A request that a session adjourn in memory of a person must be made in writing. The request is read by the presiding officer prior to adjournment. (Rule 45.5)

The word “bill” includes a constitutional amendment, concurrent resolution, and joint resolution. Some resolutions are exempt from general rules applying to bills. Resolutions are not “bills” for purposes of Prop. 54’s requirement for 72 hours in print. The 72 hours in print rule applies to Assembly bills when presented on the Senate Floor for a vote upon final passage, and for a Senate bill presented on the Assembly Floor for a vote on final passage. (Rule 46)

Each bill must be signed by each Member who is an author or coauthor before it is introduced. The Chief Clerk assigns a bill a number, reads it the first time, has it printed, and referred to a standing committee, and a copy is placed on all Members’ desks before final passage. The Budget Committee may introduce any number of germane bills. Any other standing committees may introduce a total of five bills each year of the session that are germane to their committee’s jurisdiction. The committee bill must have a majority of committee members’ signatures, including the chair. (Rule 47)

Whenever the author of a bill is no longer a Member of the Legislature, upon request of a committee or current Member, the Rules Committee may authorize the committee or Member to be the author of the bill. (Rule 47.1)

A Member may introduce no more than 50 bills in the regular session, unless the Rules Committee suspends this rule. (Rule 49)

The Rules Committee may refer each bill to a committee by a majority vote, unless a majority vote of the full Assembly refers the bill to another committee. Rules Committee may re-refer a bill to another committee that shares jurisdiction of the subject matter of the bill. (Rule 51)

A bill that, upon introduction, makes no substantive change in or addition to existing law, except a bill stating legislative intent to make necessary statutory changes to implement the budget bill, may not be referred to a committee. Amendments to spot bills may be referred to committee as author’s amendments, but no vote may occur until the bill is in print for at least 15 days. (Rule 51.5)

After introduction and first reading, all bills are delivered to the State Printer. (Rule 52)

All resolutions are numbered and may be referred to the appropriate committee by the Rules Committee. Each resolution must be signed by the author and coauthors. (Rule 53)

A concurrent resolution or a house resolution may be introduced relating to a present or former elected official or a member of the immediate family. Other resolutions are prepared as Rules Committee resolutions and are presented to the committee for action. (Rule 54)

Subject to the Joint Rules, the Assembly Rules govern the conduct of all committee hearings. (Rule 55)

All standing committees meet at the hour and place provided by the Speaker, unless permission to change is granted by the Speaker. When an unscheduled meeting of a standing committee is ordered, it must convene in a readily accessible place for the public and the public should be informed of the hearing being called. No such meetings can occur in the Assembly Chamber. Committees may adopt procedures to hear bills of similar subject matter groupings. (Rule 56)

All bills referred to a standing committee must be set and heard if requested by the author. If author’s amendments make a substantial substantive change to the original bill, the committee shall either hear the bill or re-refer it to the Rules Committee. (Rule 56.1)

Each standing committee must prepare an analysis of every bill it has set for hearing and make the analysis available to the public at least one working day prior to the hearing date. For the Budget Committee and Appropriations Committee, the analysis must be available to the public at the beginning of the hearing. All analyses are provided to the Assembly Floor Analysis Unit. (Rule 56.5)

The committee consultants are responsible for monitoring bills assigned to their respective committee throughout the entire legislative process. Except for resolutions and bills on consent calendar, a consultant must prepare in a timely fashion an analysis of every bill on third reading or on the unfinished business file, as well as any amendment to a bill on third reading. The Floor Analysis Unit is responsible for the final editing. (Rule 56.6)

If the committee chair proposes to recommend any bills for consent calendar, without hearing testimony on the bills, a list of those bills must be made available to the public at the same time as the committee analysis is released. (Rule 56.7)

A majority of a standing committee constitutes a quorum for the transaction of its business, including recommendations to adopt any amendments. Any vacancy shall not reduce the votes required to take action on a bill in that committee. A Member shall advise the committee chair of any disqualification for that Member and the chair shall announce that at the beginning at the hearing. (Rule 57)

After a committee has voted on a bill, reconsideration may only be granted once. Reconsideration may be granted within 15 legislative days or prior to interim recess, whichever occurs first. A majority vote of the committee is required. (Rule 57.1)

All committees must act upon bills referred to them as soon as practicable. The chair must report bills back to the Floor in the same order as they were acted upon by the committee. (Rule 58)

The Appropriations Committee may maintain a suspense file to which bills are referred by majority vote of the committee members who are present and voting. A bill can be taken off suspense file and heard with two days’ notice and a majority vote of those present and voting. Any amendments while on suspense will return the bill to suspense file as amended. No other committee may have a suspense file. (Rule 58.2)

When a committee takes action on a bill, the vote may be by rollcall vote only. All rollcall votes are recorded by the secretary on forms provided by the Chief Clerk. The vote record must be transmitted to requisite places. The bill author can request the roll remain open until the committee meeting adjourns. A bill cannot pass out without a quorum being present, but this rule does not apply in specified instances. (Rule 58.5)

Whenever a bill fails in committee, but the subject matter of the bill is referred for study, the standing committee retains the bill in its possession and reports its recommendation to the Assembly. (Rule 59)

A committee chair may not preside at a committee hearing to consider a bill of which he or she is the sole or lead author, except the Budget Committee Chair may preside at the Budget Bill hearing. (Rule 60)

Specially prepared reports of committees are delivered to the Chief Clerk and are read and printed in the Journal, unless the Speaker orders otherwise. For reports by joint committees, the Speaker must refer the report to the standing committee for review and action. (Rule 61)

All constitutional amendments are referred to the policy committee having jurisdiction of that subject matter and, if the measure passes, then it is re-referred to the committee having constitutional amendments within its jurisdiction. (Rule 62.5)

An Assembly Daily File must be printed for each legislative day and the order of business is provided. All bills are to be called for consideration and all scheduled committee hearings along with their list of bills to be heard must be published in the Daily File. (Rule 63)

A bill may not considered or acted upon on the Floor until a copy of the bill has been distributed to each Members’ desk in hard copy or electronically. (Rule 64)

All bills must be read by title the second time in the order of their appearance on the second reading file. Bills reported out of committee must be placed on the second reading file for the next legislative day. This rule applies to bills and constitutional amendments, but not resolutions. (Rule 66)

Until the Budget Bill is enacted, the Assembly cannot send the Governor any bill appropriating funds for expenditures during the Budget Bill’s fiscal year, except emergency bills recommended by the Governor, or for appropriations for legislative salaries and expenses. (Rule 66.6)

Committee amendments are considered upon second reading and the amendments are adopted by majority vote of the Assembly Members present and voting. Assembly and Senate bills amended on second reading are reprinted and returned to the second reading file. Committee amendments must be prepared by Legislative Counsel, with five copies of the amendments delivered to the Chief Clerk. Revising a bill to only add coauthors is not considered an amendment to a bill. Any Member can be added or removed as a coauthor by written request. (Rule 67)

Upon request of a bill author, the committee chair can have the bill amended, reprinted and re-referred to his or her committee. With such amendments, the bill is not placed on the second reading file. (Rule 68)

If a proposed bill amendment on the floor is submitted, the Rules Committee chair may re-refer the bill and amendments to the Rules Committee, upon request of the bill’s author. (Rule 68.1)

A vote on passage of any bill in a committee can only be taken when the bill is in print. The only exception is to add coauthors or if the committee determines the effect can be readily understood. (Rule 68.5)

A bill or resolution cannot be considered on third reading until an analysis of the measure has been distributed by the Floor Analysis Unit and placed on the Members’ desks, unless otherwise ordered by the Speaker. (Rule 68.6)

A report of a conference committee on any bill other than the Budget Bill that recommends a substantive amendment cannot be considered until an analysis has been distributed by the Floor Analysis Unit and placed on the Members’ desks, unless otherwise ordered by the Speaker. (Rule 68.7)

A conference report may not be heard by the Assembly until it has been in print for 72 hours prior to being taken up by the Assembly. (Rule 68.8)

A conference committee on a bill, other than the Budget Bill or the trailer bills, may not approve any substantial policy change if that substantial policy change has been defeated in a policy committee of the Assembly during the current legislative session. (Rule 68.9)

Any Member may amend a bill during its second or third reading, which motion is approved by a majority of those Members who are present and voting. Amendments offered from the floor are not in order until a copy of the proposed amendments have been placed on the Members’ desks. This rule does not apply to amendments to add coauthors. Before debate, five copies of the proposed amendments must be delivered to the Chief Clerk. Substantive change amendments must be submitted by 5pm or the time of adjournment the business day before the start of session at which the amendments will be heard. An analysis must be prepared and must be distributed to each Member prior to the debate. There are specified exceptions, such as adding or deleting an urgency clause, contingent enactment amendments, Budget Bill amendments, etc. A motion to amend on the floor is not in order the last two days before the January 31 deadline or the last seven days before the interim recess or the final recess, unless this rule is suspended by 2/3 majority vote. The rule does not apply to adding or deleting an urgency clause or “chaptering” amendments. (Rule 69)

Any bill to amend the Political Reform Act may not be passed until the bill has been in its final form for 12 days prior to being considered. These bills must be provided to the Fair Political Practices Commission and must be distributed to the news media and interested persons. (Rule 69.1)

There are specified requirements for bills that amend the California Stem Cell Research and Cures Act. These bills may not be passed until the bill has been in its final form for 14 days prior to being considered. Passage requires 56 votes on the Floor. (Rule 69.2)
Any requirement that bills, amendments, reports, or analyses be placed on the desks of Members is satisfied by electronic distribution via computers on Members’ desks. (Rule 69.3)

Whenever a bill that has been amended is reported out of that committee, then it is placed on the second reading file and cannot be placed on third reading until the following day. (Rule 70)

A bill may not be placed on the consent calendar unless it meets the requirements of the Joint Rules. (Rule 71)

A resolution may be amended by a majority vote of the Members present and voting. (Rule 73)

Any resolution upon which a rollcall vote is demanded requires 41 votes of Members. (Rule 74)

When any house resolution is before the Assembly, it may be printed in the Journal only if amendments have been adopted. Otherwise, they are referred to by day and page in the Journal. (Rule 75)

A Senate bill cannot be voted upon for final passage unless it has been published on the Internet in its final form for at least 72 hours prior to the Assembly vote. The only exception is when the Governor declares that the bill is necessary to address a state of emergency. This rule does not apply to resolutions or constitutional amendments. (Rule 76)

Concurrence in any Senate amendment to an Assembly bill requires the same vote as the Constitution requires for passage of the bill. A concurrence vote cannot be taken until the bill has been on the unfinished business file for at least one calendar day, except during the last two days of Session. Concurrence votes cannot occur until an analysis has been distributed by the Floor Analysis Unit and a copy is placed on Members’ desks and the bill has been published on the Internet in its final form at least 72 hours prior to the vote, except if the Governor deems the bill necessary to address a state of emergency. (Rule 77)

Whenever the Senate amends and passes an Assembly bill, the Legislative Counsel shall within one day prepare a brief digest summarizing the effect of the Senate amendment. The digest must be printed in the Daily File immediately. (Rule 77.1)

If the amendment analysis adopted on the floor states that the amendment makes a substantial substantive change to the bill as passed by the last committee, it may be referred by the Speaker to the appropriate committee. If the Senate made a substantial substantive change in a bill that first passed the Assembly, the bill may be referred to the appropriate committee. (Rule 77.2)

Whenever a bill has been passed twice on the third reading file on two successive legislative days, it is placed on the inactive file. An author can request to place a bill on the inactive file. An author can request the bill to be returned to the third reading file with notice published one day in advance. A bill can be placed on inactive that was on the second reading file or the unfinished business file. (Rule 78)

The Engrossing and Enrolling Clerk must engross and enroll bills in compliance with the Government Code. Chief Clerk reports the day and time each enrolled bill is presented to the Governor. (Rule 79)

When a question is under debate or before the Assembly, no motions can be received, except the motions set forth and in the order provided. (Rule 80)

All incidental questions of order are decided by the Speaker without debate. (Rule 81)
Any Member may appeal from a decision of the Speaker without waiting for recognition. An appeal needs a second and then the Speaker gives his or her reasons for the decision and the Member may give his or her reasons for appeal. Then the question is presented to the membership. A majority vote of the Members present and voting decide the outcome of an appeal. (Rule 82)

Speaker may explain the order of business when a motion pending is not debatable. (Rule 83)

A motion to adjourn is not debatable and may not be amended. It is always in order, except when another Member has the floor, when voting is taking place, or during a call of the Assembly. The details of the adjournment motion are entered in the Journal. A motion to adjourn requires a majority vote. Prior to adjourning, any Member may state a fact relating to the condition of the business of the Assembly, but is limited to two minutes and is not debatable. (Rule 84)

A motion to recess to a time certain is treated the same as a motion to adjourn, except that the motion is debatable and can be amended as to the time and duration. (Rule 85)

A motion to lay on the table is not debatable and may not be amended. A motion to table any measure requires 41 votes of the Assembly. A motion to lay an amendment on the table is adopted by a majority of Members present and voting. (Rule 86)

The previous question is put forth only when demanded by five Members and when sustained by a majority of those Members who are present and voting. It puts to an end all debate and requires a vote. (Rule 87)

A motion to set any matter before the Assembly as a special order of business is adopted by 54 votes. The motion is debatable only as to the propriety of setting the special order. (Rule 88)

A motion to postpone to a time certain is treated as a motion to set as a special order. (Rule 89)

The making of a motion to postpone indefinitely any measure or amendment opens the main question to debate. It requires 41 affirmative votes. (Rule 90)

A motion to amend may itself be amended. A motion to substitute is deemed a motion to amend. Any motion to amend is adopted by a majority of those present and voting. (Rule 91)

An amendment to any bill, other than a bill stating legislative intent to make statutory changes to implement the Budget Bill, is not in order when the amendment relates to a different subject or requires a title essentially different than the original bill. A motion or proposition on a subject different from that under consideration may not be admitted as an amendment. An amendment cannot change the original number of any bill. A Member cannot be added or deleted as an author or coauthor without his or her consent. (Rule 92)

A written or oral motion may not be adopted until it has been seconded and distinctly stated. (Rule 93)

Upon request of the Speaker, all motions must be in writing and read to the Assembly by the Speaker before being acted on. (Rule 94)

After a motion is stated, or a measure read by the Clerk, it is in the possession of the Assembly. (Rule 95)

A motion to withdraw a bill from committee or re-refer it to another committee may be made during the regular order of business. Such a motion may be debated and requires 41 votes to pass. A motion to withdraw a measure from committee may only occur after it has been approved by a majority vote of the Rules Committee. This does not apply to a bill in the Appropriations Committee that has been amended so that it is no longer fiscal. (Rule 96)

A motion to re-refer a measure on file to committee may be made during the regular order of business. The motion is debatable and requires 41 votes. (Rule 97)

A motion to strike a bill from the File requires 41 votes. Then the bill cannot be acted upon again during the session. (Rule 98)

Any action may be rescinded and its record expunged so long as it is done before the Journal has been approved. (Rule 99)

A motion to reconsider a vote on the next legislative day must be made on the same day the vote to be reconsidered was taken. It requires a second and 41 votes to pass. It takes precedence over all motions, except to adjourn. Motions to reconsider are not in order on the last two legislative days preceding the interim recess. A motion to reconsider can be taken up the same legislative day by another Member with 41 votes of the Assembly. (Rule 100)

Any Member may move a call of the Assembly prior to the announcement of the vote. It can be ordered by a majority of those present and voting. The Speaker will order the Sergeant at Arms to lock the doors and bringing the absent members. A recess or adjournment may not be taken during a call of the Assembly. A call can be dispensed with by a majority vote of those present and voting. (Rule 101)

Any Member may call for a division of the question and the Speaker orders the question divided. The rule does not apply to an individual measure. (Rule 102)

Every Member shall record his or her vote openly and without debate, unless the Assembly excuses the Member by a majority vote of those Members present and voting. A Member may not operate the voting switch of any other Member, except for the presiding Member. A Member may submit a written explanation for the Journal of less than 51 words in length why he or she chose not to vote. Public censure can occur for those who refuse to cast a vote. A Member may add his or her vote to any previously announced vote that has been taken so long as the outcome is not changed. This must occur prior to adjournment on the same legislative day and without objection from any other Member. The Chief Clerk handles all such requests. (Rule 104)

The ayes and noes are recorded by the electronic voting system for all measures. The names of the Members and how they voted are entered in the Journal. (Rule 105)

Voting cannot be interrupted, and any Member may move a call of the Assembly after completion of the roll. (Rule 106)

In the case of a tie vote, the measure fails passage. (Rule 107)

When a Member wants to address the Assembly, the Member rises from his or her seat and respectfully addresses the Speaker. Once recognized, he or she speaks to the question under consideration. The Speaker decides the order of Members. A Member shall not speak more than once during the debate, except that the author may speak at the open and close of debate. A maximum of five minutes is allotted to Members to speak. A Member may not yield any time to another Member. (Rule 108)

Members must conduct themselves in accordance with the rules of decorum per Mason’s Manual. The Rules Committee may adopt additional decorum rules by majority vote. (Rule 108.1)

When a Member desires to make a motion, the Member must first get recognized and then opens on the motion, but cannot speak to the merits of the motion, only to explain the motion. If the motion is in order and is seconded, then the motion can be debated. That Member cannot demand the previous question when concluding remarks. (Rule 109)

A Member may not be absent from any session of the Assembly without leave of the Assembly. 54 votes or unanimous consent are required for the absence to be excused. When on personal business, the Member waives per diem. When on legislative business, the Member must file with the Speaker a statement of the legislative business and it is printed in the Journal. If a Member is more than 30 minutes late to Session, he or she is required to stand before the Assembly and explain the reason that he or she is late. (Rule 110)

Any Member may rise to explain a matter of personal privilege, which is a matter involving the Member’s integrity, dignity or honor. Matters of personal privilege only yield to recess or adjournment motions. (Rule 111)

Any Member recognized may object to the reading of any paper before the Assembly. When that objection is made, the question is determined without debate by a majority of Members present and voting after the Speaker has made a brief statement. (Rule 112)

A Member or other persons are not allowed at the Chief Clerk’s Desk when votes are being recorded. (Rule 113)

If any Member violates the Assembly Rules, the Speaker or any Member may call the offending Member to order. The Member must take his or her seat and the Speaker makes a ruling, which is subject to an appeal to the Assembly. (Rule 114)

The Assembly may act as a Committee of the Whole at any time by majority vote of those Members present and voting. Non-Members may address the Assembly. The Speaker or a designee shall preside. (Rule 115)

The Assembly Chamber may not be used for any public or private business, other than legislative matters, except upon approval by the Speaker or the Chair of the Rules Committee. (Rule 116)

The smoking of tobacco products is prohibited within any building occupied or used by the Assembly and its employees, as well as within five feet of the building entrance or exit. (Rule 117)

While on the Assembly Floor during any session, or while serving on a committee during a hearing, Members cannot use a cell phone to make or receive calls, or to send or receive text messages from any lobbyist. (Rule 117.5)

A person, other than a peace officer, may not carry or possess a firearm on the Assembly Floor or in a committee hearing. (Rule 117.7)

With specified exceptions, persons are prohibited from the Assembly Floor during any sessions. A guest of a Member may be admitted with a guest card signed by the Speaker. They must be seated in the seats and not be in the lobby of the Chamber. No persons may engage in influencing the passage or defeat of legislation in the Chamber, other than Members. A lobbyist may not be admitted to the Chamber while the Assembly is in session. (Rule 118)

Proper attire is required of Members, officers, employees, and the press for admission to the Assembly Floor. Rules Committee may adopt policies. (Rule 118.1)

41 votes are required to determine the qualifications and election of any Member. A motion to disqualify a Member is not in order at the convening of a legislative session until the Speaker has been elected. (Rule 119)

If a Member of the Assembly is convicted of a felony, his or her right to compensation is suspended and committee memberships are suspended. The Rules Committee notifies the Controller about payments. If the conviction is reversed, then the payments are repaid to the Member. (Rule 120)

The Seal of the Assembly may be used only by or on behalf of Members of the Assembly or when authorized by the Rules Committee. (Rule 121)
Any report required or requested to be submitted by a state or local agency to Members must be submitted electronically to the Chief Clerk. (Rule 122)

Chris Micheli is an attorney and registered lobbyist with the Sacramento governmental relations firm of Aprea & Micheli, Inc. He also serves as an Adjunct Professor at McGeorge School of Law.

Hapless California gun advocates try again…in court

The state affiliate of the National Rifle Assn. have filed the first of a series of planned lawsuits against a package of gun control bills approved in California last year, including one challenging the state’s newly expanded assault weapons ban.

You remember these guys…they’re the ones who’s feckless and pathetic advocacy efforts brought Gunmageddon down on you last legislative session.

The first lawsuit will be filed late in federal court in Santa Ana by the California Rifle and Pistol Assn., the state affiliate of the NRA , and asks the courts to declare the expanded assault weapon law unconstitutional.

Let’s hope the real NRA takes charge of this. The California Rifle and Pistol Assn. has already shown us what they are made of. We’re not impressed.

The legislation, and other bills including a ban on large-capacity ammunition magazines, were approved by Gov. Jerry Brown and the Legislature in response to a 2015 terrorist shooting in San Bernardino in which weapons including AR-15 rifles were used to kill 14 people attending a holiday party at the Inland Regional Center.

Read the whole story in the LA Times

Former Mrs. Orange County turns out to be a child porn hustler

Family values, Orange County style.

A former Mrs. Orange County pleaded guilty Friday to possessing child pornography and lewd acts with a minor, authorities said.

Meghan Breanna Alt, 27, was sentenced to three years’ probation and 300 days in county jail, according to the Orange County district attorney’s office. She was ordered to perform 15 days of community service and must complete a Child Abuser’s Treatment Program.

According to prosecutors, Alt took sexually explicit photos of a 4-year-old female relative and used her cellphone to distribute the pictures in exchange for money and gifts. The photos were taken between Jan. 1, 2015, and Oct. 7, 2015, prosecutors said.

Read the whole story in the LA Times

Putting a few #PhRMA CEO’s in jail would be a good start

Pharmaceutical companies and the sub-humans who run them, need an intervention to address their addiction to prescription drug price gouging. Californians should demand that Big Pharma be more transparent about drug pricing habits and put an end to industry practices that benefit drugmakers at the expense of taxpayers.

Pharmaceutical companies deserve a reasonable return for their substantial investments in research and development of drugs. But “reasonable” isn’t enough for them when there’s a potential to gouge consumers for medicines they need to stay alive.

Americans spend nearly $400 billion a year on prescription drugs.The average American now pays more than $850 a year for drugs, compared with $400 per person in most other industrialized nations.

Big Pharma tends to jack up prescription drug prices by about 10 percent a year, without justifying the price increases or giving advance warning of significant hikes.

Given the evidence of capricious price increases, drug companies should have to explain why the price Californians pay for prescription drugs is reasonable.

A little jail time for some of PhRMA’s more feckless CEO’s would be a good idea too.

Read the whole story in the Mercury News

San Bernardino plans homeless fight, will a gulag be next?

The city of San Bernardino intends to join a countywide effort to fight homelessness while also hiring a specialist to coordinate efforts within the city.

City officials met with county and nonprofit leaders to discuss the best approach to homelessness, leading to no official decision, but general agreement with the thoughts of Philip Mangano, the county’s homelessness czar.

“We have a lot of detail on what works,” Mangano said. “Services without housing doesn’t work; housing without services doesn’t work. Putting the two together, as the county has done in meeting and exceeding our goal to house 401 homeless veterans, works.”

That sounds a lot like a plan to build a homeless gulag.

Enjoy your Police State.

Read the whole story in the San Bernardino Sun

#SFPD scrambles to crush watchdog

The recent and abrupt resignation of the head of San Francisco’s police watchdog agency leaves the newly empowered Department of Police Accountability leaderless at a time when its oversight is key to keeping the Police Department on track.

No surprise here. The police unions hate oversight.

The department, formerly known as the Office of Citizen Complaints, is a more than three-decade-old investigative agency that looks into complaints of police misconduct. Last year, voters approved a name change and gave it new powers to not only investigate police shootings but also to audit the department.

Read the whole story in the San Francisco Examiner

#Racist white farmers worry about losing illegal workers

The head of Bethel Heights Vineyard looked out over the 100 acres of vines her crew of 20 Mexicans had just finished pruning, worried about what will happen if the Trump administration presses ahead with its crackdown on immigrants.

From tending the plants to harvesting the grapes, it takes skill and a strong work ethic to produce the winery’s pinot noir and chardonnay, and native-born Americans just aren’t willing to work that hard, Patricia Dudley said as a cold rain drenched the vineyard in the hills of Oregon.

“Who’s going to come out here and do this work when they deport them all?” she asked.

A better question would be “Who’s going to come here and work for the crap wages we pay and put up with our oppressive racism.”

President Donald Trump’s hard line against immigrants in the U.S. illegally has sent a chill through the nation’s agricultural industry, which fears a crackdown will deprive it of the labor it needs to plant, grow and pick the crops that feed the country.

Fruit and vegetable growers, dairy and cattle farmers and owners of plant nurseries and vineyards have begun lobbying politicians at home and in Washington to get them to deal with immigration in a way that minimizes the harm to their livelihoods.

Paying an fair wage is an anathema to these people. So naturally they don’t want secure borders and an immigration system that’s fair and efficient.

Farming uses a higher percentage of illegal labor than any other U.S. industry, according to a Pew Research Center study.

Racist farmers need to stop violating U.S. immigration law. They should hire legal immigrants and obey U.S work rules and wage laws.

Read the whole story in the Mercury News

60 juvenile thugs overrun BART train, brutalize and rob passengers

If you thought about taking BART in order to save a few bucks, think again.

Authorities said it happened in 30 seconds: A throng of up to 60 thugs mobbed a Bay Area Rapid Transit train Saturday in Oakland and mugged passengers. At least two people were injured and required medical attention.

The swarm of thugs were spotted by witnesses hastily jumping over fare gates before boarding a Dublin-bound train just after 9:20 p.m. at the Coliseum Station on San Leandro Street, according the BART Police Department.

Once the minors entered the train, police said, they swarmed passengers and robbed six people by force. Another passenger was robbed on the railway platform. Authorities said a purse, duffel bag and five cellphones were taken during the robberies. At least two passengers were treated by paramedics for face and head injuries, police said.

“It all happened pretty quickly – it was about 30 seconds,” BART spokeswoman Alicia Trost said.

You wouldn’t let a little thing like not having a corkscrew stop you from enjoying that bottle of wine you just bought, right? Watch these videos to see what lengths people will go to to open a bottle of wine in a pinch.

After robbing passengers, police said, the juveniles ran into the surrounding neighborhoods before officers could arrive at the scene. The train remained at the station for 15 minutes as officers investigated the robberies.

Read the whole story in the LA Times

Feckless PG&E can’t be trusted…they need more oversight

Pacific Gas and Electric Co. spends hundreds of millions of dollars each year repairing and upgrading its electricity transmission system without any government agency screening the projects in advance to see if they’re needed.

Given the companies record of criminal behavior in the past, California utility regulators want to change that.

The California Public Utilities Commission, joined by San Francisco city officials, filed a complaint with the federal government in February arguing that such projects should face some form of state-level review, particularly considering the amount of money involved.

By the commission’s estimate, PG&E will spend $1.5 billion from the start of 2016 through the end of this year on transmission projects selected solely by the utility’s own executives, without outside approval. That’s equivalent to about $139 per year per PG&E customer, including both businesses and homeowners, though the amount on actual bills would vary.

“We’ve got to look at all of this and be more involved,” said Traci Bone, an attorney for the utilities commission. “Are they gold-plating the system? Are they doing the right things at the right time?”

Feckless PG&E can’t be trusted…they need more oversight.

Read the whole story in the Sen Francisco Chronicle

#Islamics get help from radical #Leftists, target #Montana

Radical Leftist David LeBleu himself is a newcomer, part of a wave of liberal-minded transplants drawn to Whitefish, Montana population 6,357, for its natural beauty and slower pace of life. He moved from Long Island, N.Y., three years ago, following his daughter after retiring from teaching high school social studies and losing his wife to multiple sclerosis and cancer.

He was delighted that people would “talk to you on the street and ask how you were doing.” As a lifelong Christian, he was pleased to see churches everywhere.

But the faith that dominated northwest Montana was far more conservative than LeBleu had ever experienced.

To him, being a Presbyterian meant a life of public service and openness to other cultures. Back in Long Island, he sat on a refugee council at his church and once housed a Vietnamese refugee and her two sons. He joined churchgoers for a trip to refugee camps in the Middle East, and his church hosted a Coptic Christian priest from Egypt and a pastor from Syria.

But in Whitefish, the Presbyterian churches he visited were more interested in the Bible than the wider world and didn’t share his passion for women’s or gay rights.

So LeBleu ran into big problems when he suggested that Islamics invade Whitefish. It seems that people getting killed and their stuff blown up isn’t something his neighbors are interested in.

Read the whole story in the LA Times

#BundyKook case: 2 convictions, jury deadlocked on the rest, judge declares mistrial

A federal judge declared a mistrial in the conspiracy case against six men accused of staging an armed assault against federal authorities who tried to seize rancher Cliven Bundy’s cattle from public lands in Bunkerville.

The mistrial was declared hours after the jury convicted two men of multiple counts, but announced that they were “hopelessly deadlocked” on the remaining charges and defendants.

U.S. District Judge Gloria Navarro, in a last-ditch effort to encourage them to reach a unanimous decision, sent them back to deliberations.
But by midday, the jurors said they still were at an impasse, and a mistrial was declared.

Navarro set a new trial date of June 26, which was initially supposed to be the start date for the second Bunkerville standoff trial against Bundy and some of his sons.

Read the whole story in the Las Vegas Review-Journal

Different Vote Requirements for California Legislative Actions and Bills

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By Chris Micheli

Most Capitol observers are only aware of majority vote and 2/3 majority vote requirements for California legislation. However, there are actually several other categories of vote requirements on bills that come before the Legislature. The following are those categories and the bills or actions that come before the Assembly and Senate:

Majority Vote – A vote of more than half of the legislative body, which is 41 votes in the Assembly and 21 votes in the Senate. This is the basic vote threshold for the vast majority of bills. The following actions require 21 votes (Senate) or 41 votes (Assembly):

  • To adopt, amend, or suspend the rules, except as otherwise provided.
  • To pass a bill, unless under other rules a greater vote is required (Constitution, Art. IV, Sec. 8(b)).
  • To adopt a joint or concurrent resolution.
  • To reconsider a bill, or a joint or concurrent resolution.
  • To confirm an appointment by the Governor, unless a greater vote is required by statute, or to reconsider the same.
  • To recall a bill from committee.
  • To concur in the other house’s amendments to, or adopt a report of a committee on conference concerning, a joint or concurrent resolution or bill that requires a majority vote for passage.
  • To change a rate of bank and corporation taxation, or tax on insurers, for state purposes (Constitution, Art. XIII, Secs. 27, 28).
  • To strike a measure from the file.
  • To adopt a resolution that does not favor a Governor’s Reorganization Plan (Sec. 12080.5 of the Gov’t Code).

Two-Thirds Vote – Bills containing an urgency clause, tax increase, amendments to the Political Reform Act, and constitutional amendments are the major measures that require a 2/3 majority vote of each legislative body, which is 54 votes in the Assembly and 27 votes in the Senate. The following is a list of measures requiring a 2/3 majority vote:

  • To pass an urgency clause and urgency statute (Constitution, Art. IV, Sec. 8(d)).
    To dispense with the constitutional provision requiring the reading of bills on three separate days (Constitution, Art. IV, Sec. 8(b)).
  • To pass a bill over the Governor’s veto (Constitution, Art. IV, Sec. 10).
  • To prescribe compensation and reimbursement for travel and living expenses of the Members of the Legislature (Constitution, Art. IV, Sec. 4).
  • To propose an amendment to or revision of the Constitution (Constitution, Art. XVIII, Secs. 1, 2).
  • To amend or withdraw a proposed legislative constitutional amendment or revision (Constitution, Art. XVIII, Sec. 1).
  • To classify or exempt personal property for property taxation purposes (Constitution, Art. XIII, Sec. 2).
  • To permit an exemption of real property from taxation (Constitution, Art. XIII, Sec. 7).
  • To remove a member of the Public Utilities Commission (Constitution, Art. XII, Sec. 1).
  • To reconsider the vote by which a concurrent resolution proposing a constitutional amendment is defeated.
  • To rescind the action whereby a bill has been passed or defeated.
  • To suspend the rule against lobbying in the Chamber.
  • To concur in amendments to, or adopt a report of a committee on conference concerning, a constitutional amendment or bill that requires 27 votes for passage
  • To concur in amendments to, or adopt a report of a committee on conference concerning, a bill that contains an item or items of appropriation subject to Section 12(d) of Article IV of the Constitution.
  • To amend an initiative statute that permits that action and requires 27 votes or 54 votes for passage.

Three-Fourths Vote – The California Constitution requires that a bill may not be heard or acted upon until the 31st day after introduction (Constitution, Art. IV, Sec. 8(a)). To waive this requirement requires 30 votes in the Senate and 60 votes in the Assembly. This vote threshold also applies to a motion to postpone the reconsideration of a vote beyond the first legislative day succeeding the day the motion was made.

70% Vote – The following actions require 28 votes in the Senate or 56 votes in the Assembly:

  • To pass a bill amending the statutory provisions, other than the bond provisions, of the California Stem Cell Research and Cures Act (Prop. 71).
  • To pass a bill amending the statutory provisions of the Victims’ Bill of Rights Act (Sec. 9).

Four-Fifths Vote – The final category of bills require a 4/5 majority vote, which means 32 votes in the Senate and 64 votes in the Assembly. This highest vote threshold applies to the following measures:

  • Bills to amend the Tobacco Tax and Health Restoration Act of 1988 (Prop. 99).
  • Bills to amend the Clean Air and Transportation Improvement Act of 1990 (Prop. 116).
  • Bills to amend the California Wildlife Protection Act of 1990 (Prop. 117).

So there are actually five categories of vote requirements, rather than just two as many believe to be the case. Of course, these higher vote threshold-required measures do not come up too often. Nonetheless, it is helpful to be aware that there are other vote requirements beyond the usual majority and 2/3 majority measures.

Chris Micheli is an attorney and registered lobbyist with the Sacramento governmental relations firm of Aprea & Micheli, Inc. He serves as an Adjunct Professor at McGeorge School of Law.

 

The California Board of Equalization: A Criminal Enterprise

The California Board of Equalization is an obscure elected board that’s usually populated by termed-out politicians seeking a paid place to land.

Some of these politicians have turned the board into a criminal enterprise.

The board’s obscurity has allowed it to rack up a breathtaking list of problems under the radar.

A state Department of Finance audit found that board officials were improperly redirecting staff and resources to their own pet projects.

Controller Betty Yee has proposed stripping the board of its responsibilities for tax administration, audits and compliance.

The tax board has mishandled $47.8 million in sales tax revenue — a misallocation of funds it still hasn’t been able to adequately explain.

Gov. Jerry Brown sanctioned the board by taking away its ability to hire personnel and issue most contracts independently.

Brown is also opening an investigation into both the board’s alleged abuse of resources and alleged nepotism in its workforce. He wants state legislators to come up with statutory changes for the board by June.

Read the whole story in the San Francisco Chronicle

Thug prison guards on trial for brutalizing mentally ill inmates

For 22 years, the federal court in Sacramento has pounded the California Department of Corrections with orders and injunctions and slapped it with sanctions to get the state prison system to clean up its mental health treatment mess.

Now, attorneys for mentally ill inmates are trying for another attention getter: punitive damages.

In a trial underway in front of U.S. District Court Judge Kimberly J. Mueller, plaintiffs want a jury to find nine corrections department employees liable for malice and oppression to rectify abuses they say their client suffered during a brutal 2012 cell extraction.

Along with general damages, the attorneys say a punitive award would send a message to the prison system and its staff on how to carry out the best practices – and avoid the worst – when inmates have full-blown psychotic breakdowns.

Lost on California’s brutal prison industry is the notion that he Constitution requires prisons to provide incarcerated persons with necessary mental health care and to treat prisoners in a humane manner that does not punish them for mental illness.

Read the whole story in the Sacramento Bee

#Islamics are swarming in European prisons

Authorities say although Italy has not seen the terrorism experienced elsewhere in Europe or around the world, the country’s incarceration facilities are incubators for killer Islamics.

The problem exists at jails and prisons around the world.

It is impossible to know exactly how many violent extremists are in prison custody around the world, but some countries may have only a few while others may have hundreds or thousands.

French officials said a man who attacked a soldier at Orly Airport last month before being shot dead by the soldier’s colleagues was flagged to the country’s intelligence services as a possible Islamist extremist after he was “radicalized in prison.”

The number of extremists who commit attacks in France after serving time has led to French jails being dubbed “finishing schools” for terrorists.

In Italy, Justice Minister Andrea Orlando said recently that the country’s jails had become “hotbeds for radicalization.” The nation has about 55,000 inmates.

Public alarm about Islamics has grown in Italy as the number of migrants sailing from North Africa has soared, with 500,000 arriving in the last three years. Italy has a population of about 60 million, including an estimated 1.2 million to 1.4 million Islamics.

“The paths to radicalization are above all on the Web and in jails,” Italian Prime Minister Paolo Gentiloni said recently.

In another case, officials have said they think Anis Amri, who drove a truck into a market in Germany in December, killing 12 people, was also radicalized in Italian jails. Amri fled Germany but was shot dead by police in a suburb of Milan, Italy.

Read the whole story in the LA Times

#JohnKasich continues to trash #Trump voters

John Kasich continues to be a loser.

After getting crushed in the primary Kasich refused to endorse Donald Trump, to consider joining him on the GOP ticket or to vote for him in November.

In Two Paths: America Divided or United, being published Tuesday by Thomas Dunne Books, Kasich argues that Trump was able to win the nomination and the White House against all expectations by tapping a long-term erosion in American culture that has left many voters feeling that their lives are spiraling out of control.

In short, if you voted for President Trump you’re stupid.

Read the whole story in the USA Today

Hideous San Mateo cop charged with 16 counts of sexual assault

Prosecutors originally pushed to charge Noah White Winchester, 32, with 22 felony counts. The judge found sufficient evidence for 16 counts involving five victims, one 17.

Winchester was an officer with the Los Rios Community College District, which serves the Sacramento area, before being hired by San Mateo police. Winchester was employed briefly by the Sacramento Police Department before joining the college district in 2009.

Read the whole story in the San Mateo Daily Journal

Exterminating #Christians is the #Islamic way of life

Christians are increasingly a target of the Islamics.

In Syria and Iraq, Christian minority communities have been displaced, brutalized and the price of failing to convert to Islam under ISIS rule has been death.

In other countries like Lebanon and Jordan, decades of war and instability in the region created a steady flow of migrants to Europe and America and left the communities shrinking year after year. Because they are often affiliated with Western churches and religious institutions, the migration patterns out of the Middle East are more established and allow them to more readily find an exit.

What happened in Egypt is horrific, but it is not isolated. Look at the attacks in Iraq, Syria, Libya, Egypt and on and on. The Islamics do not look at Christians as human.

The frequency of such atrocities has increased. As the recent Islamic attack in Fresno California shows, the killer Islamics are here, and their targets are Americans.

Read the whole frightening story in Newsweek

The Three Readings of a Bill in the California Legislature

daily file

By Chris Micheli

The California Constitution requires a bill to be “read” three times before it can be debated and voted upon by either house. A “reading” of a bill in the Assembly or Senate is defined as being the presentation of the bill before the house by reading the bill’s number, author and title. Each time the bill is read, those three provisions are read aloud on the Floor by the Reading Clerk in either the Senate or Assembly.

There is a misconception that the three constitutionally-required readings of bills are the same. In fact, each is for a different purpose. First reading occurs upon introduction of the bill. Second reading occurs after a bill has been reported to the floor from committee (with or without amendments). Third reading occurs when the measure is about to be taken up on the floor of either house for final passage. Note that the three readings requirement can be suspended by a 2/3 vote in either house pursuant to the state constitution.

First Reading – The first reading of the bill takes place when it is actually introduced in either house. The bill is placed “across the desk (of the Assembly or Senate)” which is the official act of introducing a bill in the Legislature. In the Assembly, the Chief Clerk or his or her representative at the Assembly Desk receives the measure. In the Senate, the Secretary of the Senate or his or her representative takes the bill. The bill is given a bill number upon introduction. Once a bill passes over to the other house for consideration, it is simply read for the first time. Introduced bills are noted in the Assembly Daily File or the Senate Daily File, but there is no “first reading” portion of either Daily File. No floor analysis is prepared of the introduced bill.

Second Reading – The second reading of the bill takes place after the bill has been reported out of committee, either the policy or fiscal committee, to the Floor of either the Assembly or Senate. This process occurs whether the bill has been amended or not. Also, a bill can be on Second Reading several times, such as when the bill has been reported out of the policy committee and then again after being reported out of the fiscal committee. There is a Second Reading portion in both the Assembly and Senate Daily Files. This portion lists by file number (assigned to each bill once it has been listed in the File) each bill that has been reported out of committee to the floor. The general rule is that a bill remains on the Second Reading File for one day before moving to the Third Reading File. No floor analysis is prepared for the Second Reading file bills.

Readers should be aware that the file numbers assigned to bills in the Daily File change each day as all the bills get processed and move onto or off of the Daily File. Generally, bills are taken up on the Assembly or Senate Floors in file item order, unless some special reason exists to do otherwise. And, when the presiding officer announces a bill for consideration, it is usually referred to by its file number.

Third Reading – The third reading of the bill takes place when the bill is about to be taken up for consideration (i.e., presentation, debate and vote) on either the Assembly Floor or the Senate Floor for final passage. There is a Third Reading portion in both the Assembly and Senate Daily Files. This portion lists by file number each bill that is eligible to be taken up for a final vote on either Floor. A Third Reading Analysis is prepared for bills eligible for consideration on either the Assembly or Senate Floors. This analysis of the bill generally provides an explanation of existing law, what this bill does to existing law, any amendments, a listing of supporters and opponents, etc.

Unfinished Business File – Both the Assembly Daily File and the Senate Daily File contain a portion titled “Unfinished Business,” which is the section that contains bills that have returned to their house of origin from the other house and await a concurrence vote due to amendments that were made to the bill by the other house. This section of the Daily File also contains bills that were vetoed by the Governor. They remain on the Daily File for a 60-day period after the gubernatorial veto. Thereafter, unless voted upon, they are removed from the Daily File and can no longer be considered.

Inactive File – The other section of the Daily File to be aware of is for bills that made it to the Floor of either the Assembly or the Senate, but for whatever reason the bill’s author does not want to proceed with the measure. Bills that have failed passage can be moved to the Inactive File upon request of the bill’s author. If an author has moved a bill to the Inactive File, he or she can remove it from the Inactive File at a later date with public notice.

Floor Managers – While the bill’s author presents his or her bill on the Floor of the bill’s house of origin (i.e., Assembly Bill presented by the Assembly Member or Senate Bill presented by the Senator), that is not the case in the other house. In other words, Assembly Members cannot present their bills for consideration and debate on the Senate Floor and, similarly, Senators cannot present their bills for consideration and debate on the Assembly Floor.

So, while a bill’s author is responsible for taking up his or her measure on their own Floor, a “floor manager” for that bill is required in the other house. A Member of the other house designated by the bill’s author when the bill is considered by the other house is deemed the bill’s floor manager. In years past, this Member was referred to as the “floor jockey,” but this term is no longer used. The Member’s name who is the Floor Manager in the other house appears in parentheses after the bill author’s name in the Second or Third Reading portion of the Daily File.

WORFs – According to the rules, bills that are not listed on the Daily File can only be taken up with either unanimous consent of the house’s members or by suspending the rules. A bill that is not listed on the Daily File, but which is taken up nonetheless, is referred to as a “WORF”. The process of taking up a WORF bill is to take the measure up “without reference to file” (WORF). In order to do so, a vote of a majority of the house’s membership (41 in the Assembly and 21 in the Senate) is required to take up a bill without reference to file.

Chris Micheli is a registered lobbyist with the Sacramento governmental relations firm of Aprea & Micheli, Inc. He also serves as an Adjunct Professor at McGeorge School of Law in their Capital Lawyering Program.