The San Francisco Chronicle
It was deadline week for Senate bills to make it out of Assembly committees. For some legislators, it made for a busy week of deliberation and voting. However, for many — too many — last week was a time to duck the tough issues.
Once again, a slew of bills — including major efforts to protect the environment and consumer rights — were rejected because a potentially decisive number of Assembly members failed to vote.
Under Assembly rules, a majority of all committee members (not just those who cast a “yes” or “no” vote) is required for passage. So not voting has the effect of a “no” vote — without the political accountability.
The nonvoting practice is known as “taking a walk,” though, in reality, many of the nonvoters are actually in the hearing room when the roll is called. Some simply say “not voting” when their names are called.
A particularly egregious example of defeat-by-nonvoting came in the Assembly Insurance Committee on Wednesday, when eight legislators took a walk on SB1474, which would have stopped the insurance industry’s “use it and lose it” approach to homeowners’ policies. The committee members had heard poignant examples of San Diego residents whose policies were not renewed after last year’s fire, even when, in many cases, they had no previous claims.
The bill fell three votes short of passage, with 6 members voting yes and 3 voting no. It was obviously a sensitive vote for Assemblyman Mark Wyland, R-Del Mar, who initially voted “no,” then changed the record to “not voting.”
Explaining his “not voting” vote, Wyland offered a beautiful explanation of how to play both sides of an issue: “It’s a ‘no’ vote that expresses sympathy with the idea, but says (the bill) should not get out of the committee.”
Karen Reimus, for one, was not assuaged. Reimus lost her San Diego home in the October wildfire. The self-described “soccer mom” has been working for SB1474 to “make the path a little easier for those who come after us.”
Reimus and her fellow fire survivors started worrying when they saw the interaction between lawmakers and industry lobbyists — the open chumminess, the notes being passed, the knowing nods and glances. They knew the vote was about to go the wrong way when legislators starting spouting the industry lines. “The visual that comes to mind is sock puppets,” she said. Reimus was then absolutely appalled by what happened in the committee room when the roll was called.
“If I hadn’t seen it, I wouldn’t have believed it,” Reimus said. “They just basically all disappeared.”
Lisza Pontes, whose $60,000 investment in fire-safety improvements saved her San Diego County home from destruction in the raging brushfire — her 10 neighbors lost theirs — was stunned to get a nonrenewal notice from her insurance company on May 21. Her anger was compounded when she saw legislators leaving the room when it was time to vote.
“I should have brought my dog — they could have walked my dog while they were at it,” Pontes said of the nonvoters.
Wyland was not the only one feeling discomfort. Doug Heller, a consumer activist who was lobbying for the measure, said many committee members were left to choose between the demands of ratepayers and the wishes of an insurance industry that had donated more than $500,000 to campaigns of committee members in this election cycle alone.
“It was very clear to the lawmakers that they could not ignore the cries for help from people who had survived a tragedy” by voting “no,” said Heller, of the Santa Monica-based Foundation for Taxpayer and Consumer Rights.
Eight legislators simply chose not to vote.
And the bill was defeated.
But the idea may come back. On Thursday, the author, Sen. Martha Escutia, D-Whittier, and Insurance Commissioner John Garamendi announced they would try to resurrect the concept of SB1474 by amending its language into another measure.
Jim Metropulos, a legislative representative for the Sierra Club, saw two of his organization’s priority measures defeated by nonvoting last week. Bills to protect seasonal wetlands and to keep development out of state parks each failed when a potentially decisive bloc of committee members failed to vote.
Metropulos said he can often tell when a politician is about to take a walk.
“There are some legislators who are very direct and will look you in the eye and tell you how they are going to vote,” Metropulos said. “Others will look at you stone-faced, ask you a question, and you can’t pin them down on whether they will vote yes, vote no or not vote.
“I would rather have them vote ‘no’ than not vote.”
So would we. It’s part of their job, for which each receives a six-figure public salary along with the trappings and perquisites of power.
We’ve editorialized before on this Assembly custom of “taking a walk,” and we’ve heard all the rationalizations. The walkers typically say they like the concept but not the particulars of a bill — and don’t want to “offend” the author.
We don’t accept such excuses. If a bill is “not fully cooked” — a common explanation for not voting and Wyland’s excuse on SB1474 — then a legislator should vote “no.” (It must be noted, however, that each of the bills in question had been vetted and approved by the Senate and had gone through the hearing process in the Assembly). Those who are present and fail to vote should forfeit their day’s pay and per diem.
We’re not going away on this issue. Today, we present 10 bills that were defeated last week by nonvoting. We will continue naming names until this custom ceases.
Nothing gets a state lawmaker more sanctimonious than Gov. Arnold Schwarzenegger‘s suggestion of a part-time Legislature.
It seems that some Assembly members are already working part-time; but they still draw full-time paychecks, even when they are silent or missing when the roll is called.
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1. WETLANDS PROTECTION/SB1477
Author: Sen. Byron Sher, D-Palo Alto
Its goal: To fill a gap in federal law, the bill asserts state control over fill and discharges in seasonal wetlands, an important habitat for wildlife and open space for people. It was opposed by developers, manufacturers and farmers.
The vote: Rejected by Assembly Water, Parks and Wildlife Committee on June 22 — 6 yes, 7 no, 3 not voting. Nine votes needed for passage.
The nonvoters:
Rudy Bermudez D-Norwalk
Lynn Daucher R-Brea
Dario Frommer D-Los Feliz
2. BIOMONITORING/SB1168
Author: Sen. Deborah Ortiz, D-Sacramento
Its goal: To detect dangers to human health from toxic chemicals in products and the environment. Cost of this Healthy Californians Biomonitoring Program, eventually reaching $10 million a year, to be paid for by a fee on products containing certain chemicals.
The vote: Rejected in Assembly Health Committee on June 22 — 9 yes, 5 no, 4 not voting. Ten votes required for passage.
The nonvoters:
Ed Chavez D-La Puente
Gloria Negrete McLeod D-Chino
Simon Salinas D-Salinas
Lois Wolk D-Davis
3. INSURANCE/SB1474
Author: Sen. Martha Escutia, D-Whittier
Its goal: To stop the insurance industry’s “use it and lose it” approach to their customers. Under this bill, insurers could not refuse to issue or renew a homeowner’s insurance policy — or impose a premium surcharge — as the result of a single claim.
The vote: Rejected in the Assembly Insurance Committee on June 23 — 6 yes, 3 no, 8 not voting. Nine votes required for passage.
The nonvoters:
Russ Bogh R-Beaumont
Manny Diaz D-San Jose
John Dutra D-Fremont
Jerome Horton D-Inglewood
George Nakano D-Torrance
Keith Richman R-Northridge
Mark Ridley-Thomas D-Leimert Park
Mark Wyland R-Del Mar
4. RENEWABLE ENERGY/SB1478
Author: Sen. Byron Sher, D-Palo Alto
Its goal: To speed up use of wind, solar and biomass power, the measure shortens the deadline for private utilities to boost purchase more renewable energy from 2017 to 2010.
The vote: Rejected by the Assembly Utilities and Commerce Committee on June 21 — 6 yes, 4 no and 2 not voting. Seven votes needed for passage.
The nonvoters:
Ron Calderon D- Montebello
Manny Diaz D-San Jose
5. STATE PARKS/SB1327
Author: Sen. Sheila Kuehl, D-Santa Monica
Its goal: To protect state parks, the bill requires the state director to declare whether a proposed road or other development not consistent with purposes of the park system will harm these public areas.
The vote: Rejected by Assembly Water, Parks and Wildlife Committee on June 22 — 8 yes, 3 no, 5 not voting. Nine votes needed for passage.
The nonvoters:
Rudy Bermudez D-Norwalk
Joe Canciamilla D-Pittsburg
Lynn Daucher R-La Brea
Shirley Horton R-Chula Vista
Tim Leslie R-Tahoe City
6. IDENTITY THEFT/SB1279
Author: Sen. Debra Bowen, D-Marina del Rey
Its goal: To expand protection in current law by requiring government agencies and businesses to notify people any time their personal information is exposed, whether electronic or paper records are breached.
The vote: Rejected in Assembly Committee on Business and Professions on June
22 — 4 yes, 6 no, 3 not voting. Seven votes required for passage.
The nonvoters:
Rudy Bermudez D-Norwalk
Gloria Negrete McLeod D-Chino
Juan Vargas D-San Diego
7. CONSUMER PROTECTION/SB1721
Author: Sen. Debra Bowen, D-Marina del Rey
Its goal: To rule out certain practices by car dealers and other consumer lenders to inflate costs of goods or services beyond what customer was led to expect.
The vote: Rejected in Assembly Banking and Finance Committee on June 21 — 3 yes, 3 no, 7 not voting. Seven votes required for passage.
The nonvoters:
Russ Bogh R-Beaumont
Ed Chavez D-La Puente
Lou Correa D-Santa Ana
Dave Cox R-Fair Oaks
Tim Leslie R-Tahoe City
Gloria Negrete McLeod D-Chino
Juan Vargas D-San Diego
8. CELL PHONES/SB1582
Author: Sen. Debra Bowen, D-Marina del Rey
Its goal: To prohibit young drivers under 18 from using any kind of cell phone when behind the wheel.
The vote: Rejected by Assembly Transportation Committee on June 21 — 5 yes, 4 no, 4 not voting. Seven votes required for passage.
The nonvoters:
John Longville D-Rialto
Dennis Mountjoy R-Monrovia
Fran Pavley D-Agoura Hills
Joe Simitian D-Palo Alto
9. HEALTH COVERAGE/SB1192
Author: Sen. Wes Chesbro, D-Arcata.
Its goal: To require health plans and insurers to cover treatment of drug and alcohol related disorders in the same way as other medical conditions.
The vote: Rejected in Assembly Health Committee on June 22 — 7 yes, 5 no, and 6 not voting. Ten votes needed for passage.
The nonvoters:
Ed Chavez D-La Puente
Dario Frommer D-Los Feliz
George Nakano D-Torrance
Gloria Negrete McLeod D-Chino
Simon Salinas D-Salinas
Lois Wolk D-Davis
10. DRIVER DISTRACTIONS/SB1800
Author: Sen. Kevin Murray, D-Los Angeles
Its goal: To charge drivers of unsafely operated vehicles with additional
infraction for such activities as using cell phones, smoking, eating, engaging
in personal grooming or “interacting” with children or animals.
The vote: Rejected in Assembly Transportation Committee on June 21 — 5 yes, 2 no, 6 not voting. Seven votes required for passage.
The nonvoters:
Patricia Bates R-Laguna Niguel
Patty Berg D-Eureka
Christine Kehoe D-San Diego
Jay La Suer R-La Mesa
Fran Pavley D-Agoura Hills
Simon Salinas D-Salinas
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Do you expect your elected representatives to vote “yes” or “no” on important legislation?
Let us know what you think – and let them know what you think
–John Diaz, editorial page editor: [email protected]
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Let Speaker Fabian Nunez know what you think about the Assembly’s inaction.
E-mail him at: [email protected]
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The full history of roll calls on any of the bills mentioned on this page can be found by going to:
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