California Government – Part I

1. California Government – Part I • Why is California Unique? • Demographics • Constitutional Structure • Elections • California Legislature

2. Demographics People (2006) California USA Population 36,457,549 299,398,484 Black persons 6.70% 12.80% American Native persons 1.20% 1.00% Asian persons 12.40% 4.40% Hawaiian & Pacific Islander 0.40% 0.20% Multiracial (self reported) 2.40% 1.60% Hispanic or Latino persons 35.90% 14.80% White non-Hispanic persons 43.10% 66.40%

3. People (2006) California USA Foreign born persons 26.20% 11.10% Other than English at home 39.50% 17.90% Homeownership rate 56.90% 66.20% Multi-unit housing structures 31.40% 26.40% Median housing cost (2000) $211,500 $119,600 Persons per square mile 217.2 79.6

4. Political Culture • The percentage of people who choose to vote by mail (absentee ballots) in California has more than doubled in the past ten years. • In California, 42 percent of ballots cast for the 2006 election (a total of 3.7 million) were mailed in. By contrast, in the 1996 election, 20 percent of ballots were mailed in. • Some voting statistics • 70 percent of California’s eligible voting population was registered as of September 2008.

5. Party Affiliations: 33 percent of registered voters are Republican. 44 percent are registered Democrats. • California first recorded party affiliations in 1922. At that time, registered Republicans outnumbered registered Democrats 3 to 1. • In 1934, the number of registered Democrats outnumbered registered Republicans for the first time. Since then, there have been more registered Democrats than Republicans.

6. Unaffiliated voters: 20 percent of registered voters are unaffiliated. Since 1992, % of unaffiliated registered voters has doubled. San Francisco has highest number of unaffiliated voters: 29%. • Although there are more total registered Democrats in the state, more counties have registered Republican majorities. The number of counties with registered Republican majorities have increased from 14 to 33 between 1992 and 2008. • Turnout: in the 2008 Presidential Election, 73.3% of Californians registered to vote turned out to vote. Compare this to the national turnout rate of 61.7%.

7. The California Constitution • The California Constitution is a long document establishing rules and processes in much greater detail than the US Constitution. • Where the US Constitution has about 8000 words, California's Constitution is close to 40,000 words about 110 pages). Before substantial revisions between 1962 and 1974, the state Consitution was as large as 75,000 words (almost 200 pages).

8. The California Constitution is a function of Progressive Era reforms. • The Progressive Movement (1890s-1920s) emerged as a response to governmental corruption at the state level. In California the railroads were the dominant political actors -- causing distrust of elected officials. The Progressive reforms to the state constitution minimized office holder discretion and allowed citizens direct access to creating state laws and even amending the state constitution. • Between 1911 and 1986 the const was amended over 500 times

9. Direct Democracy • The Constitution allows three types of Direct Democracy – The Initiative The Recall The Referendum

10. The Initiative Anyone can put a proposed law or constitutional amendment directly to a vote of the people. To do so requires that the proponent collect signatures of valid registered voters in the state For a simple law, petitions must equal 5% of the number of voters in the last gubernatorial election. For a Constitutional Amendment signatures must equal 8%.

11. The Recall Allows voters to remove an elected official from office before term ends. For statewide officers (e.g., Governor) petitioners must present signatures equaling 12% of last gubernatorial election with signatures from at least five counties. For Legislators and Judges must equal 20% E.g., Chief Justice Rose Bird – 1st woman on the CA Supreme Court, and 1st female chief justice. Recalled in 1986 as a result of her opposition to the death penalty. E.g., Governor Gray Davis recalled in 2003 due to state $$$.

12. The Referendum Allows voters to approve or reject statutes or amendments passed by the state legislature. Requires signatures equaling 5% of prior gubernatorial election. Infrequently used – only 8 between 1970-2008.

13. Amendment vs. Revision • The state Constitution can be amended by a simple majority vote through the initiative process. Constitutional amendments are changes to one or more provisions of the document. Amendments are limited to non-substantial changes. • Substantial changes require a Constitutional Revision – which requires a two-thirds majority vote of both Houses of the Legislature and a majority vote of the people. • As reiterated in 1978, the court held that a revision referred to a “substantial alteration of the entire constitution, rather than to a less extensive change in one or more of its provisions."

14. The California Legislature • Assembly 80 members – serve a two years • Senate 40 members – serve a four year term • Term Limits (Proposition 140, 1990) Assembly limited to 3 two year terms; Senate limited to 2 four year terms;

15. California Government – Part II • California’s Plural Executive • The California Judiciary • The Budget Process

16. California’s Plural Executive • Unlike the Federal Government, California’s Executive Branch is headed by seven independently elected Executives. • Only Maine, New Hampshire, New Jersey have unitary executives.

17. The Governor • The Lt. Governor • The Attorney General • The State Controller • The State Treasurer

18. The Secretary of State • The Insurance Commissioner • State Superintendent of Public Instruction • And, the State Board of Equalization

19. Governor Arnold Schwarzenegger (R) • Lt. Governor John Garamendi (D) • Attorney General Jerry Brown (D) • Secretary of State Debra Bowen (D) • Controller John Chiang (D) • Treasurer Bill Lockyer (D) • Insurance Commissioner Steve Poizner (R) • Superintendent of Public Instruction Jack O'Connell  (D) • Board of Equalization 1st Betty T. Yee  (D) 2nd Bill Leonard  (R) 3rd Michelle Steel (R) 4th Judy May Chu (D)

20. Governor • Executive Powers • Commander-in-chief (California National Guard) • Law Enforcement • Executive Clemency • Extradition • Appointment Powers • Administrative • Commissioners • Judicial • Political

21. Legislative Powers • State of the State Address • Special Sessions of the Legislature Vetoes • General veto • Item vetoes • Financial Powers • Submits state budget • Limits on the Governors' discretion • Federal Grants and Mandates • Entitlements • Earmarking

22. Lt. Governor • Acting Governor • Presides over State Senate • Serves on State Lands Commission, UC Regents, CSU Board of Trustees

23. Attorney General • Chief Counsel and Prosecutor for state • Ultimate authority over local law enforcement • issues binding "advisory opinions" on constitutional issues before Supreme Court Acts • provides summaries and titles for state ballot measures (initiatives) • Serves on Commission on Judicial Appointments

24. Controller • Responsible for state Fiscal control, tax administration, local fiscal matters, and administration • member of State Lands Commission, Franchise Tax Board, and Board of Equalization

25. Treasurer • collects, deposits state funds, and sells bonds

26. Secretary of State • Manages state elections • Chief state record keeper

27. Superintendent of Public Instruction • Nonpartisan election and head of Department of Education • Controls, with Board of Education, which is appointed by governor, one-third of all state expenditures • Sets policies for school districts, including textbook adoptions, and child care centers, handicapped and disadvantaged persons, and other programs

28. State Insurance Commissioner • California's newest elected officer, created in 1988 by Proposition 103 • Responsible for regulating all insurance businesses in California

29. Board of Equalization • Four elected members representing districts of equal populations: • Administers and collects state and local sales and use taxes; and excise taxes (gasoline, alcohol, cigarettes) • Reviews county tax assessments and procedures; responsible for maintaining equal assessment to market value ratios among counties • Assesses the property of railroads and public utilities • Acts as the appellate body for the Franchise Tax Board

30. The California Judiciary • The Judiciary’s role is to: • give everyone fair access to the courts to solve legal problems fairly and efficiently. • decide justly the guilt or innocence of anyone charged with a crime, and • interpret the laws and protect the rights and liberties guaranteed by the Constitutions of California and the United States.

31. In California, the courts are divided into two systems: federal and state. This section tells you about the state courts in California. California has two types of state courts: • Trial Courts • Appellate Courts

32. Trial Courts Trial Courts are also called "Superior Courts." There are 58 Trial Courts--one in each county.In the Trial Courts, a judge, and sometimes a jury, hears testimony and evidence and decides a case by applying the law to the facts of the case.

33. Superior Courts handle: • All criminal cases (felonies, misdemeanors, and traffic tickets) • All civil cases (family law, probate, juvenile, and other civil cases) • Appeals of small claims cases and other civil cases worth $25,000 or less • Appeals of misdemeanor cases

34. Appellate Courts There are two types of Appellate Courts: • Courts of Appeal • California Supreme Court • There are 6 Courts of Appeal and one California Supreme Court.

35. Courts of AppealThe Courts of Appeal are California's intermediate courts of review. District headquarters for the Courts of Appeal are located in: First District:      San Francisco Second District: Los Angeles Third District:     Sacramento Fourth District:   San Diego (Division One) Fifth District:      Fresno Sixth District:     San Jose

36. The role of the Courts of Appeal is not to give new trials, but to review the Superior Court record (court files and transcripts) to decide if legal errors were made. The Courts of Appeal cannot review death penalty cases. • A panel of three justices decides appeals from Superior Courts. The Courts of Appeal can agree with the decision of the Trial Court, agree in part and disagree in part, or disagree and reverse the Trial judge's decision. The Courts’ opinions are public and are posted on the Supreme Court's website

37. California Supreme Court The Supreme Court is the state's highest court. It can review cases decided by the Courts of Appeal. Death penalty appeals and Disciplinary cases involving judges or lawyers go directly to the state supreme court. • The Court conducts regular sessions in San Francisco, Los Angeles, and Sacramento. There are 7 justices on the Supreme Court, and at least 4 must agree on the final decision.

38. Judicial Appointments • Judges are appointed by the Governor then confirmed by the voters at the next general election. After the end of their 12-year term, they must be confirmed by the voters again. • To be eligible for appointment potential judges must have passed the California Bar Examination or have served as a judge of a court of record in California for 10 years before their appointment.

39. California Budget Process • JULY 9 - SEPTEMBER 15 Department directors and agency heads initiate detailed reviews and proposal development to arrive at specific requests for each program. These requests are then sent to the Department of Finance for review.

40. OCTOBER - JANUARY 10 The governor evaluates the requests as reviewed by the Department of Finance and sends his or her proposed budget to the Legislature.

41. JANUARY – FEBRUARY The budget proposal is introduced in both the Assembly and the Senate as identical budget bills. The Legislative Analyst prepares an extensive analysis of the budget bill which becomes the starting point for budget subcommittee hearings in the Senate and Assembly.

42. MARCH – APRIL The budget bills are sent from each house to their respective budget committees. The bills are then broken down by subject and assigned to the appropriate subcommittees by subject areas. After completion of the hearings, each subcommittee votes and then sends its report to the full budget committee.

43. LATE APRIL - JUNE 15 (The May Revise) The budget committee of each house considers the subcommittees’ reports and sends a revised budget bill to the floor for evaluation by the full body. Each house discusses and then votes on its version of the budget bill.

44. May Revise continued The differences between the Assembly and Senate versions of the budget bill are worked out in a conference committee made up of three members from each house. The Senate and Assembly each vote on this final version before it is sent to the governor.

45. JUNE 15 - JULY 1 The governor receives the budget bill and has until July 1, the start of the fiscal year, to sign or veto the budget bill. The bill becomes law as soon as it is signed by the governor due to its status as an urgency measure.

46. Budget Impasse redux • It’s been increasingly difficult to pass budgets in California due to the 2/3 majority required and the increasingly difficult equation of increasing costs of services and reduced revenues. • 2008 holds the record for budget tardiness – 85 days late (September 26, 2008) • Last record – 61 days late (August 31, 2002).