We get asked a lot of questions from users around the country about legislation. What is the status? Will it pass? When will it go into effect if it passes? But lately we’ve received a few questions on CA SB224 – Elderly Early Parole, which prompted me to write this blog post . I’ve included some good tips on tracking and advocating for (or against) California legislation, using this bill as an example.
What is the Issue?
All good advocates know their issue, right? But what if you aren’t up on all the key points and want to learn more? Of what if you are California Senate Staffer and want to read up?
You go to the committee reports of course. You can find these reports on the state website, or you can easily access committee reports through the BillTrack50 bill site on the “Associated Documents” section.
Key learning for advocates? Make sure you notify the committees of jurisdiction that you are in support or opposition of a bill.
What is the Status of CA SB224 ?
As of April 20, 2015, CA SB224 is officially on the suspense file, though SOME bills will be soon be coming off the suspense file.
What Exactly is the Suspense File?
Those of you familiar with School House Rock’s “I’m Just A Bill” know that there is no mention of being placed on the suspense file anywhere in that song. So what exactly is it?
The Technical Answer –
The committee, by a majority of the members present and voting, shall refer to the Suspense File all bills that would have a fiscal impact in any single fiscal year from the General Fund or from private funds of $50,000 or more. Bills that establish a pilot project or program shall be referred to the Suspense File if the statewide implementation of the project or program would result in a fiscal impact of $50,000 or more in any single fiscal year from the General Fund or private funds.
The committee, by a majority of the members present and voting, shall refer to the Suspense File all bills that would have a fiscal impact in any single fiscal year from any account(s) or fund(s) of $150,000 or more. Bills that establish a pilot project or program shall be referred to the Suspense File if the statewide implementation of the project or program would result in a fiscal impact of $150,000 or more in any single fiscal year from any account(s) or fund(s).
For purposes of the above paragraphs, “fiscal impact” shall include cost increases, cost pressures, revenue decreases, increases in appropriations subject to limitation that are restricted in their use and result from increases in tax proceeds, and reductions in the State’s appropriations limit.
This provision shall not apply to deficiency or supplemental appropriations bills authored by the chair of the Senate or the Assembly Budget Committee or claims or judgments and settlements bills authored by the chair of the Senate or the Assembly Appropriations Committee.
Upon two days’ notice in the Senate File, the chair may place before the committee a bill on the Suspense File.
A bill placed on the Suspense File may only be moved to Second Reading by an action of the committee.
There is similar language on the Assembly website as well.
My Less Technical Answer –
I’ve given you the technical answer, but in my opinion, the suspense file is part of a very non-transparent budget process. No state is great at budget transparency, but I think California has one of the least transparent processes in the country. And having done appropriations work in nearly 40 states and seeing those budget process up close, that is really saying something.
Few people in the state really understand the suspense file. Its existence allows committees and legislators to score political points voting for legislation knowing that the suspense file safety net will most likely keep the bill from seeing the light of day.
How Can You Tell If a Bill Will Come Off the Suspense File?
The suspense file is real, and your bill is still alive, though some situations are better than others. If you are actively lobbying the bill, directly or through your grassroots advocates, you need to be clear about where to focus your efforts. Not all bills will come off the suspense file for a vote. You need to be lobbying the makers of those decisions – House and Senate leadership – to urge them either to bring the bill off the suspense file or leave it there to die.
Usually by the time a bill hits suspense, it has passed one or two committees and possibly even one of the chambers. There is a good chance in California that the bill has enough Democratic or Bipartisan support to carry it the rest of the way. So IF it comes off, it is probably going to pass.
So What About CA SB224?
In the case of Elderly Early Parole, we know a little more about the problem. The court’s mandate to reduce prison populations could be forcing the legislature’s move, the sky rocketing costs of housing elderly inmates could also be pushing the legislature. (LINK TO CITATIONS) Edge – Coming Off
The state’s budget situation is vastly improved over the last five years. Some of that is part of the natural economic recovery, and part of that is the legislature’s ability to raise revenue after a recent past of being hamstrung by the need for super-majorities. (LINK TO CITATIONS) Edge – Coming Off
We know that the bill has some pretty strong proponents and but some very strong opponents. Edge – Staying On
The bill has two very senior sponsors – including the Senator Mark Leno, Chair of the Senate Committee on Budget and Fiscal Review and the Joint Chair of the Legislative Budget Committee. Edge – Coming Off
We also know that the bill has the likely support of Governor Brown who, while not explicitly mentioning elderly early parole had this to say during his 2015 State of the State address (LINK) (which was actually a quote from his father’s 1959 address) –
“… we should also determine whether some prisoners are now kept confined after punishment has served its purpose.”
Seems to infer support for an elderly early parole program to me. And if the governor is pushing it, well … Edge – Coming Off
I hate making public predictions on legislation. Anything could happen between now and when these decisions are made, however based on what I am seeing now – I give CA SB224 a slight edge to Come Off. Of course then, it has a whole other chamber to go through.
About BillTrack50 – BillTrack50 offers free tools for citizens to easily research legislators and bills across all 50 states and Congress. BillTrack50 also offers professional tools to help organizations with ongoing legislative and regulatory tracking, as well as easy ways to share information both internally and with the public.