August 2002

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Guest Commentary 

Russ Bogh is a member of the California Assembly, representing parts of Riverside and San Bernardino counties. He wrote this commentary for Cal-Tax Digest.

Remember government is, as Abraham Lincoln so eloquently told us, “of the people, by the people, for the people.” This philosophy defines our culture, our governance, our nation. This fundamental concept of fairness defines who we are and what we believe in.

How, then, do California legislators explain themselves when they allow the business of the people to be determined in the dark of night when nobody is watching? The state Constitution clearly and specifically defines the process of how an idea (legislation) evolves into reality (law). Yet the unauthorized practice of “Midnight Specials” flourishes in both houses of the Legislature.

A key member of the majority party covertly fast-tracks a controversial bill through the legislative process with little – if any – public input or adequate review. Critics never get a chance to review, let alone comment, on the amendments or changes made to the bill, which violates the Legislature’s rules for legislation. This abuse of process is a blitzkrieg upon citizen rights – there are numerous instances of a bill being “introduced,” debated and passed by both houses of state government – in less than a day!

Midnight Specials (many of these maneuvers are done late in the evening when the media is absent to report of these affairs) are costly to taxpayers and businesses. They confer special privileges upon a region or specific industry. They stifle dissenting opinions. They deny Californians their right to redress their elected officials about their opposition to a specific bill.

This year’s Midnight Special is AB 1493, which gives the California Air Resources Board (CARB) broad, undefined powers to regulate tailpipe emissions. No other state has ever tried to dictate to Washington how national air standards should be regulated. This bill will create a separate class of vehicles for California, resulting in confusion in the marketplace and higher costs to consumers.

Automotive industry leaders, dealers, car enthusiasts and ordinary families who cherish their SUVs all opposed this measure when it was introduced as AB 1058. Opposition grew as the bill moved through committee hearings. By the time AB 1058 was ready for a floor vote, a significant coalition of automakers and homemakers, businesses and consumers, had made their views clearly known. Legislators from throughout the state were adrift to explain to angry constituents their support for this special interest-inspired legislation.

So proponents decided it was time for a Midnight Special.

Late one evening, as attention was focused on the budget debate, the guts of AB 1058 was substituted into AB 1493, which was then bullied through the Assembly Transportation Committee and Assembly floor within hours of each vote. Legislators were able to tell (lie to?) their constituents that they did not vote for AB 1058; nobody knew about, let alone had time to challenge them on AB 1493!

Previous Midnight Specials are already affecting California. AB 749 snuck in a massive cost increase for unwarranted workers’ compensation benefits. It passed the Assembly and Senate on the same day, denying mom-and-pop shops and entrepreneurial companies an opportunity to voice their concerns. Jobs were lost as businesses were forced to suddenly react to a substantial change in California business regulations.

In 1999, AB 84 – the so-called “big box” bill that sought to place severe restrictions on employers like Home Depot, Wal-Mart and Sam’s Club – also passed both houses on the same day. (Fortunately, opponents had time to pressure the governor to veto this bill.) Ditto AB 1389, special-interest legislation that allowed San Francisco to bypass the environmental review process on a $300 million cruise ship terminal.

We must stop these flagrant abuses of legislative process. I have introduced two constitutional amendments to derail future Midnight Specials. ACA 24 is the “The People’s Right to Review Act” and ACA 25 is “The People’s Right to Know Act.”

ACA 24 prohibits a bill, in either the Assembly or Senate, from being heard in committee and on the floor on the same day. It institutes a three-day waiting period before a bill passed out of committee can be heard on either floor. ACA 25 requires a bill amended on the floor of either house to remain there in its final form for three days before any further action can occur.

Together, these constitutional amendments have the power to end forever the Midnight Specials that serve only special interests while denying the people – you and me – time to scrutinize controversial legislation. We must return California governance to the principles advocated by Lincoln, where government represents the people, openly and honestly.