ShareThisSACRAMENTO, Calif. - As he took the gavel as California's 68th Assembly speaker, Assemblyman John Perez pledged to crack down on lawmakers exchanging text messages with lobbyists during floor sessions and committee hearings.
"Now, I'm a big believer in technology, but sometimes we need to limit its reach," Perez said in a speech during Monday's ceremony.
But Perez's call for more technological transparency and a similar, more stringent measure being pushed by Senate President Pro Tem Darrell Steinberg could end up being more for show than substantive change.
While the spirit of the proposals was widely embraced, questions remain about how the new rules could be enforced and whether they would actually diminish the influence lobbyists have on the legislative process.
"I think it's common sense," said Assemblyman Kevin de Leon, D-Los Angeles. "(But) I don't know how you enforce it and I don't know how pervasive it is. I think maybe in my three-year legislative career I've gotten three or four texts (from lobbyists) at the most."
Lobbyists are banned from the Senate and Assembly floors, but have long had access to legislators' ears during floor sessions and committee hearings, waiting outside the room or sending messages through staff, written notes, phone calls or e-mail.
But Perez says the immediacy of a text and the inside access of contacting a lawmaker's personal cell phone merit more restriction.
"Anybody can send us a letter. Anybody can send us an e-mail, but a text message is something you can only receive if you have somebody's phone number, and that is a differential access," Perez said.
Sen. Mark Leno, D-San Francisco, said he was concerned by reports from staff that lawmakers are getting texts during committee hearings and then "mouthing lobbyists' words from their seats."
"Members should be present, should be focused, should be talking to each other when we're having our committee hearings," Leno said. "There's enough time on the outside for lobbyists to get members' ears."
Lobbyist Jackson Gualco countered that the text messaging is just a reality of living (and lawmaking) in a "world where now everyone expects everything to be instantaneous or nearly so."
"I respect the fact that the speaker wants to make sure that the inner sanctum of the Assembly floor, which is really the sole space where the members aren't otherwise surrounded by aides or lobbyists, is kept intact," said Gualco, president of the Institute of Governmental Advocates, an organization that represents lobbyists. "But things are so fast-moving on the floor these days that there are times when members are going to want to know, 'Is this amendment helpful or hurtful? Is this going to impact the constituents?' "
How pervasive and widespread the issue is depends on who is asked.
"I think the reality is there is a lot of communication and text messaging on the floor and we do have communiques coming from across the street," said Assemblyman Isadore Hall, D-Los Angeles.
But others, including Perez, said they rarely, if ever, exchanged text messages with lobbyists.
"I was born in Jurassic Park. I still don't know how to text, nor do I have to," said 67-year-old Assemblyman Paul Cook, R-Yucaipa.
Perez said he doesn't want constituents to "worry that special-interest lobbyists are secretly sending messages of opposition or support to us as we deliberate."
Gualco, however, said most text exchanges he had during sessions or committee hearings were actually initiated by the lawmakers.
"The situation I've run into is the members are texting me and saying, 'We just got these amendments on the desk, have you looked at them?' " he said. "I have never sent a communication to a member either on the floor or in committee saying, 'You should vote this way.' "
Legislative bodies in 36 states -- including California, which bans Assembly members from talking on cell phones on the floor -- have enacted some sort of restriction on cell phone, e-mail or other electronic communication from the floor, according to the National Conference of State Legislatures.
E-mail reporter Torey Van Oot at tvanoot(at)sacbee.com. For more stories visit scrippsnews.com
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Lobbyists are banned from the
Lobbyists are banned from the Senate and Assembly floors, but have long had access to legislators' ears during floor sessions and committee hearings, waiting outside the room or sending messages through staff, written notes, phone calls or e-mail.