by Rick Farmer
If approved by voters California’s
Proposition 93 may level the playing field between the Assembly and the
Senate. In 1990 Californians imposed
term limits on members of the state legislature. Those limits prevent incumbents from seeking
re-election after serving six years in the Assembly or eight years in the
Senate and the limits are lifetime.
While term limits vary greatly among the states, California’s are some of
the most restrictive in the country. Most states allow eight years in each chamber, and they only restrict
consecutive terms rather than lifetime service. States that have lifetime limits generally restrict service to twelve
years.
Proposition 93, set for a vote February 5, 2008,
significantly realigns California’s
state legislative term limits. It
proposes that the limit become twelve years lifetime. On the surface this would seem to reduce the
lifetime limit from fourteen years (six in the Assembly and eight in the
Senate) to twelve years total. However,
the practical effect likely will be much more experience in the Assembly.
The 1990 law, Proposition 140, pushed many Assembly members
to run for the Senate. The result was an
experienced Senate juxtaposed to a very inexperienced Assembly. This experience gap produced several problems
specific to the Assembly. For example in
an effort to build some leadership continuity, new Speakers tend to come from
the freshman class. The Assembly is at a
clear disadvantage when their rookie leadership initially engages negotiations
with the more experience Senate. Another
experience gap occurs with legislative staff. Assembly members, leaving for the Senate, often take their staff with them. This leaves the Assembly office with a freshman
member and inexperienced staff assistance.
The effects can be easily seen in the functioning of
committees. A major purpose of
committees is to screen legislation before it begins to consume the resources
of the general membership. In the California
Assembly this function has largely broken down. Since the implementation of six year term limits a much higher
percentage of bills have proceeded to the Senate. However, in the more experienced Senate
committees continue to screen bills.
By allowing both chambers of the legislature to have members
with twelve years of experience, Proposition 93, will change the dynamic of the
California Legislature. Many Assembly
members will choose to serve their full twelve year careers in that body. In fact, the choice to gain seniority in the
Assembly or become a freshman with limited prospects in the Senate will be a
strong inducement for many members to retain their current seat. Ultimately, the leadership in both chambers
is likely to be more experienced than today and on par with one another.
Proposition 93 will not eliminate all of the effects of term
limits, but it may level the playing field between the two chambers. The Assembly may begin to function better and
it may be in a much stronger position relative to the Senate.
Rick Farmer is director of committee staff at the Oklahoma
House of Representatives and a fellow at the Ray C. Bliss Institute of Applied
Politics at the University of Akron, and co-editor of a brand new book Legislating
Without Experience (published by Lexington Books).
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