The Mercury News

Lawmakers do an end run on the public

Process matters. That’s why state legislator­s’ devious use of the budget process to slip through major policy changes — whether, in the end, they’re good or bad — is so despicable.

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Last week, they rewrote laws pertaining to the recall process, dam-safety secrecy and gun regulation­s — all without public vetting.

Whatever the merits, these changes should have been heard in public committee hearings. Instead, they were slipped into budget trailer bills and revealed only days before passage. Trailers are supposed to be for ensuring state law conforms to California’s spending plan, not to slip things past the public.

State legislator­s thumbed their collective noses at voters, who have consistent­ly said they want the public’s business conducted transparen­tly.

Here are three outrageous sneak bills.

Recall rules: Democrats claim SB 96 will fix the recall process. It’s actually about maintainin­g the party’s supermajor­ity control of the Legislatur­e.

Democrats are trying to protect state Sen. Josh Newman, who last year won a highly competitiv­e race in Southern California to provide his party with the two-thirds majority needed to pass tax increases without Republican support.

Now Newman faces a recall because he backed Gov. Jerry Brown’s transporta­tion tax. Recall is an extreme reaction to one vote, but Democrats’ actions are more outrageous. They tinkered with the rules for qualifying a recall for the ballot so that the vote wouldn’t happen until next June’s primary, when greater turnout would make it easier to defeat.

Democrats are putting their thumbs on California’s election scales, which is just as abhorrent as Republican­s doing so in other states.

Oroville Dam: In the wake of the near-catastroph­e at Oroville Dam, the Brown administra­tion stonewalle­d media requests for critical records that might show what was known ahead of time. Now, in another trailer bill, SB 92, at Brown’s request, the Legislatur­e has called for dam operators to prepare emergency plans but has exempted those plans from public disclosure.

Some of the informatio­n might merit secrecy for security reasons. But the public should know what steps are being taken to protect its safety. A blanket records exemption with no public debate of the merits is ridiculous.

Gun possession: In AB 103, the state Legislatur­e reinstates gun-possession restrictio­ns recently relaxed by the Trump administra­tion.

It’s right on the policy: People with outstandin­g felony arrest warrants should not be allowed to possess firearms. But state lawmakers are again wrong on the process: Gun rights advocates deserved a chance to be heard.

These changes should have been made through separate bills exposed to public hearings, not sneaked into budget trailer bills.

The hypocrisy is stunning: These are the same Democrats who have, rightfully, condemned congressio­nal leaders for rewriting the nation’s health care laws in private.

Process matters, no matter who’s in charge.

Trailers are supposed to be for ensuring state law conforms to California’s spending plan, not to slip things past the public.

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