Volume 2, Issue 11, (June 7, 1999)
In This Issue:
Assembly Adopts Its Version of the 1999-2000 State Budget, Final Negotiations Begin
Superfund Cleanup Program Gets New Life with Governor Davis' Signature
Senate Passes Measure to Protect Yuba River
Measure to Study Carpool Lanes Advances
Assault Weapons Ban Measure Clears Senate
Bill to Crack Down on Gun Shows Passes Assembly
Warning Labels, Safety Device Requirement Measure Passes Senate
Law Enforcement Contracts Could Go To Arbitration
Teachers' Salary Boost Approved by Assembly
Charter School Measure to Unionize Teachers Passes Assembly
Schools Could Get Greater Authority to Expel Violent Students
Measure to Lower Fees for College Students Passes Assembly
Leaf Blower Debate Continues to Stir
Measure Advances to Require Health Warning Labels for Cigars
State Bar Measure Moves to Assembly
Measure Targeting Gas Prices Clears Senate
Measure to Shed Light on Product Suit Settlements Passes Senate
Health Maintenance Organization Reform Advances
Mental Health Parity Measure Gets Nod
Mental Health Care Funds Boosted by Assembly Measure
Patients' Privacy Protection Measure Moves Forward
Protection for Mountain Lions Could be Weakened
Daily Overtime Bill Passes Assembly
Workers Compensation Benefits May Be Increased
Worker Safety Bill Passes Senate
Assembly Advances Measure to Restrict Children's Access to Laser Pointers
Dog Owners Could Face Penalty for Vicious Attacks
Bottle Recycling Measure Moves to Assembly
Anti-Discrimination Measure Clears Assembly
Measure Requiring State Inspections for Amusement Park Rides Advances
Older Drivers Face Mandatory Tests for Drivers Licenses
Assembly Adopts Its Version of the 1999-2000 State Budget, Final Negotiations Begin
The Assembly has approved its version of the $79.3 billion state budget with a 45 to 32 partisan vote. With the passage of the Assembly's budget bill, it has gone to a two-house, six-member conference committee that will be charged with reconciling the differences between the Senate and Assembly budget bills. Conference Committee members include: Assembly Budget Committee Chair Denise Ducheny (D-San Diego), Assemblywoman Carole Migden (D-San Francisco), Assemblyman George Runner (R-Lancaster), Senate Budget Committee Chair Steve Peace (D-San Diego), Senator Jim Brulte (R-Rancho Cucamonga) and Senator Patrick Johnston (D-Stockton).
The Assembly version of the proposed 1999-2000 budget includes a $2.3 billion increase in funds for local school districts and reduces University of California and California State University student fees by 5 percent; reduces taxes on new small businesses by $28 million and extends a tax break on long-term capital gains; increases welfare grants by 2.1 percent; reduced the Governor's proposed expenditure of $425 million for the state's Infrastructure Bank to $225 million, and rejected the $20 million proposal for planning and design of a new prison at Delano.
Assembly Republicans called for additional tax breaks, including another 50 percent reduction in the vehicle license fee (VLF) paid by vehicle owners. The VLF tax cut would have cost the state approximately $1 billion.
The conference committee could complete its work as early as June 11th, giving both houses one week to approve a budget to send to the Governor in time to meet the June 15th constitutional budget deadline.
Governor Davis has vowed to deliver a state budget on time this year. The last time a budget was approved and enacted prior to the beginning of its fiscal year was in 1986.
Superfund Cleanup Program Gets New Life with Governor Davis' Signature
California's Superfund Cleanup law, which expired in 1998, was given a new life as Governor Gray Davis signed a measure by Senator Byron Sher (D-Palo Alto). Senate Bill 47 reauthorizes the fund to reimburse property owners who must pay the costs to cleanup toxic pollution left by previous property owners who are unable to pay cleanup costs. While the program is reauthorized, the Legislature must still identify how revenues will be raised to create a pool of funds for the program. A dispute continues as to whether existing state resources should be used, or whether a new fee on machine oil should be used to fund the cleanup of toxic pollution.
Additional legislation will be needed to settle the funding issue.
Senate Passes Measure to Protect Yuba River
The Senate has passed Senate Bill 496 by Senator Byron Sher (D-Palo Alto) on a 22 to 14 vote to list a portion of the Yuba River as a Wild and Scenic River. Senate Bill 496 would give the protective designation to the river, in effect barring future construction of any dams on the river. The measure pits neighboring counties against each other, with northeastern Nevada County community leaders and residents calling for the special designation, and Yuba County, southwest of Nevada County, opposing the designation arguing that flood control measures, including a possible dam, may be critical to protect their communities from future floods.
Sher argued before his colleagues that federal government studies have shown that a dam on the Yuba River is too costly, and that other flood control measures could be employed.
Measure to Study Carpool Lanes Advances
A measure that would require the study of the effectiveness of carpool lanes has been approved by the Senate and was sent to the Assembly last week. Senate Bill 14 by Senator Richard Rainey (R-Walnut Creek) was approved on a 33 to 1 vote. The bill requires local transportation agencies to prepare a master plan of existing and proposed carpool lanes and to evaluate their use. In addition, the state Department of Transportation would be required to monitor the use of all existing carpool lanes and to hold public hearings prior to any additional carpool lanes being opened on California freeways.
Assault Weapons Ban Measure Clears Senate
California's law to prohibit assault weapons may be significantly strengthened under a measure approved by the Senate last week. Senate Bill 23 by Senator Don Perata (D-Alameda) was approved by a narrow margin with a 22 to 13 vote.
The measure would strengthen the law, which was weakened last year through a court decision which said that assault weapons that are not on the current list of prohibited assault weapons, but are similar in nature, could not be added to the list by the Attorney General, as the original law had authorized when enacted in 1989.
SB 23 would specify characteristics of assault weapons which would be prohibited in California. The bill would also outlaw the sale of magazines or clips that hold more than 10 rounds of ammunition.
People who currently own weapons that would be prohibited by the proposed law would have one year to register their assault weapons with the state, and would be prohibited from selling or giving away their weapons in the future.
Opponents of the measure say the bill only hurts law abiding citizens and that it would affect sporting rifles used by people who hunt or use the weapons for target practice.
The measure is a second attempt by Senator Perata to strengthen the law. A similar measure by Perata was vetoed by Governor Wilson last year.
Bill to Crack Down on Gun Shows Passes Assembly
Assemblywoman Ellen Corbett (D-San Leandro) garnered the votes to advance her Assembly Bill 295 out of the Assembly on a 44 to 18 vote. Corbett's measure would require gun show promoters and dealers to be licensed by the state and would require stricter oversight of gun shows by law enforcement. Law enforcement officials, including Attorney General Bill Lockyer, have complained that illegal weapons, including rocket launchers, are being sold at gun shows in California.
Current law does not require licenses for dealers who sell firearms at gun shows. As such, background checks are often not conducted on individuals purchasing guns and rifles at the shows.
Warning Labels, Safety Device Requirement Measure Passes Senate
The Senate has approved Senate Bill 130 by Senator Tom Hayden (D-Los Angeles), which would require warning labels and safety devices on every gun made or sold in California. The measure, which was approved on a 25 to 9 vote, requires the Department of Justice to develop standards for the safety devices and would also require law enforcement agencies to inform the California Department of Health Services about cases in which children sustain a gunshot wound.
Law Enforcement Contracts Could Go To Arbitration
Senate President Pro Tempore John Burton (D-San Francisco) succeeded in getting the votes from the Senate to approve his measure to provide arbitration for disputes between local agencies and local law enforcement. Senate Bill 402 would allow local governments to resolve contract disputes with police and firefighters through the arbitration process. Cities and counties who do not want to use binding arbitration would be required to get voter approval in order to reject the arbitration system.
The measure advances to the Assembly.
Teachers' Salary Boost Approved by Assembly
The Assembly has approved Assembly Bill 1087 by Assemblyman Tom Calderon (D-Montebello) to increase pay for California teachers. The measure, approved on a 54 to 22 vote, would increase starting pay for teachers to $37,000. The measure moves to the Senate for consideration.
Charter School Measure to Unionize Teachers Passes Assembly
A measure that would allow charter school teachers and support staff to organize has been approved by the Assembly. The measure, Assembly Bill 631 by Assemblywoman Carole Migden (D-San Francisco), was approved and moves to the Senate for consideration. Migden argued that teachers at the nearly 200 charter schools in the state are not protected by critical labor laws and must go to federal court in order to unionize or to simply settle a dispute.
The measure would allow collective bargaining for teachers and support staff at charter schools, but would not make participation in a union mandatory.
Schools Could Get Greater Authority to Expel Violent Students
California schools could have more authority to expel students who have been charged, but not convicted, of committing violent crimes off campus under a measure approved by the Senate. Senator Bill Morrow (R-Oceanside) won approval for his Senate Bill 756 on a 34 to 0 vote. Current law only allows school districts to suspend or expel a student for serious crimes committed on campus or at school activities.
Measure to Lower Fees for College Students Passes Assembly
The Assembly has passed Assembly Bill 1602 by Assemblyman Mike Machado (D-Linden) to reduce fees for California's community college students. The measure, which was approved on a 65 to 12 vote, would reduce fees by $1 per credit. Current fees are $12 per credit at the state's community colleges.
Newspapers May Get Tax Break
Assembly Bill 1077 by Assemblyman Dennis Cardoza (D-Merced), which would repeal the tax on newspapers imposed in 1991, was approved by the Assembly on a 68 to 76 vote. The tax was enacted during the height of the state's fiscal crisis in 1991, along with several other taxes designed to close a multi-billion dollar budget gap. The tax exemption would result in a loss of $42.6 million in revenues to the state and local governments. The measure moves to the Senate for consideration.
Leaf Blower Debate Continues to Stir
The controversy over the use of leaf blowers continues to whirl in the Legislature. A measure by Assemblyman Tony Cardenas (D-Sylmar) was approved by the Assembly with a 48 to 17 vote to prevent cities from enacting ordinances to completely prohibit the use of leaf blowers within city limits. Instead, Assembly Bill 1609 would allow limit the abilities of cities to regulate their use to daytime hours. Restrictions could only be placed on the use of leaf blowers during the night and early morning hours.
Measure Advances to Require Health Warning Labels for Cigars
A measure that would require cigar packages to carry health warning labels in California was approved by the Assembly last week. Assembly Bill 1595 by Assemblywoman Carole Migden (D-San Francisco) was approved with a 47 to 25 vote.
Health warnings have been required for cigarette packages for many years, but cigars must only carry a Proposition 65 warning label stating that cigars contain chemicals known to cause cancer or birth defects.
Migden's measure would require a label on cigar packages similar to a label required by the federal government for cigarette packages. The label would include specific information about health risks such as esophagus, mouth and throat cancers associated with smoking cigars.
State Bar Measure Moves to Assembly
Senate Bill 144 by Senator Adam Schiff (D-Burbank), which would restructure the California State Bar, has passed the Senate on a 21 to 11 vote. The bill would lower dues paid by attorneys from $478 annually to $395 annually. The bill would also change the manner in which the State Bar disciplines attorneys.
Measure Targeting Gas Prices Clears Senate
Consumers could see lower gas prices under a measure approved by the Senate last week. Senate Bill 123 by Senator Steve Peace (D-Chula Vista) would allow gas station owners to purchase gasoline from any wholesaler used by the franchising company. Franchise gas station owners are currently limited to purchasing gasoline from specific wholesalers, and cannot buy from other wholesalers that may offer the product at a lower price. The bill was narrowly approved on a 21 to 15 vote and sent to the Assembly.
Measure to Shed Light on Product Suit Settlements Passes Senate
The Senate has approved a measure that would lift the veil on settlements reached on product liability suits in California. Senate Bill 1254 by Senator Adam Schiff (D-Burbank) was approved by the Senate and advanced to the Assembly on a 21 to 16 vote. The measure would require settlements reached in defective product lawsuits to be made available to the public in order to provide information about defective products, financial fraud or environmental hazards. Settlement amounts could still remain private, however.
Health Maintenance Organization Reform Advances
Senate Bill 21 by Senator Liz Figueroa (D-Fremont) has been approved by the Senate to allow patients to sue health maintenance organizations for damages suffered when medical treatment is denied. The bill, which was approved on a 21 to 16 vote, would provide the ability to sue to employees of private organizations. Government employees already have the ability to sue health plans.
Mental Health Parity Measure Gets Nod
A measure that would bring parity to people who suffer from mental illnesses has been approved by the state Senate. Senate Bill 468 by Senator Richard Polanco (D-Los Angeles) was approved with a 27 to 8 vote last week. The measure would require health plans to cover treatments for mental illnesses, just as they do for physical illnesses suffered by their enrollees.
People who suffer from mental illnesses or who have dependents that suffer from a variety of mental illnesses must suffer significant financial burden to pay the cost of treatments, even though they have health care coverage. Current law does not require health plans to provide coverage for treatments that can stabilize people with mental illness.
Opponents of the measure argue that the measure would drive up costs of health coverage and force some businesses to drop their health coverage for employees.
Mental Health Care Funds Boosted by Assembly Measure
An Assembly measure to provide greater funding for mental health care programs has been approved by the Assembly. Assembly Bill 34 by Assemblyman Darrell Steinberg (D-Sacramento) was approved on a nearly unanimous vote of 77 to 1 to provide $12 million for the Department of Health Services. The department would allocate $500,000 for outreach training on the homeless for counties. Another $9 million in grants would be made available to counties.
Patients' Privacy Protection Measure Moves Forward
Patients would have more control over the confidentiality of their records under a bill approved by the Senate. Senator Liz Figueroa's (D-Fremont) Senate Bill 19 would prevent health care plans from releasing or selling information about their patient's without first obtaining approval by the patient. The bill would also prohibit health plans from obtaining a waiver to the requirement from a patient before providing treatment. The bill was approved by the Senate on a 34 to 3 vote.
Protection for Mountain Lions Could be Weakened
A measure that would allow the killing of mountain lions suspected of threatening bighorn sheep or other endangered species has been approved by the Assembly. Assembly Bill 560 by Assemblyman Rico Oller (R-San Andreas) was approved with a 67 to 1 vote. The measure would revised an initiative approved by the voters to protect mountain lions.
Proposition 177 was approved by the voters in 1990 to give a protected status to mountain lions in California. The initiative prohibits the hunting of mountain lions unless people or livestock are specifically threatened by a lion. However, Oller argues that bighorn sheep, other endangered species and other wildlife are not included in the initiative.
The bighorn sheep population has declined dramatically in California, currently down to 120 from 400 in 1994. Oller attributes the decline to predatory mountain lions.
However, federal already provides for the taking of a mountain lion if it is predatory towards endangered species. Bighorn sheep were recently added to the endangered species list by the federal government.
Daily Overtime Bill Passes Assembly
A measure that would restore the requirement that businesses pay hourly employees overtime for hours worked over the regular eight hour workday has been approved by the Assembly. Assembly Bill 60 by Assemblyman Wally Knox (D-Los Angeles) was approved by the Assembly on a 48 to 30 vote.
AB 60 does, however, allow alternative workweek schedules such as the four day, ten hour work day. Alternative schedules involving more than a ten-hour work day would not be allowed unless agreed to under a collective bargaining agreement or if 2/3 of affected employees approve the alternative schedule.
Legislative attempts during the 1996-97 legislative session to reinstate the overtime pay requirement either failed or were vetoed by Governor Wilson.
Workers Compensation Benefits May Be Increased
A newly amended bill by Senator Hilda Solis (D-El Monte) embraces a new proposal to increase workers compensation benefits by $1.75 billion – the first increase in 17 years for more than 13 million California employees.
Senate Bill 656 would increase weekly disability benefits for partially disabled workers from the current range of $140 to $230 per week to $280 per week. Workers who are temporarily disabled would see benefits increase from $490 per week currently to $651. Death benefits would also be increased from $160,000 to $500,000 for a spouse with two children.
The measure also adds additional judges to the program to handle claims disputes and triples death benefits.
SB 656 was approved on a 21 to 14 vote.
Worker Safety Bill Passes Senate
The Assembly has approved a measure that would provide greater penalties for businesses that frequently violate workplace safety laws that result in serious injury or death. Assembly Bill 1127 authored by Assemblyman Darrell Steinberg (D-Sacramento) was passed by the house on a 43 to 31 vote.
AB 1127 would increase penalties for serious violations of worker safety laws from a maximum of $5,000 to $25,000 for an individual or $250,000 for a corporation. Employers could be charged with a misdemeanor or a felony under the proposed bill, whereas current law provides for only a misdemeanor charge. A felony conviction could bring as much as a $4 million penalty for a second conviction.
Steinberg argued that the law is tougher on people who abuse animals than on businesses which violate worker safety laws to the extent they cause serious injury or death. The measure is strongly opposed by business organizations.
Assembly Advances Measure to Restrict Children's Access to Laser Pointers
Assemblyman Herb Wesson (D-Culver City) won Assembly approval of his Assembly Bill 293, on a 58 to 7 vote, to restrict children's access to laser pointers. The pointers, which have been used by businesses for presentations, have become a dangerous toy to children who use them to flash the eyes of motorists and police officers.
The bill would prohibit the sale of a laser pointer to a minor who is not accompanied by an adult, and would make it illegal for a minor to posses a laser without an adult present. Each infraction would bring a $50 fine or four hours of community service.
A minor caught aiming the laser into another person's eye or into a moving vehicle could be subject to six months in jail or a $1,000 fine.
Dog Owners Could Face Penalty for Vicious Attacks
Owners of dogs known to have an aggressive nature could face a felony conviction if the dog causes substantial physical injury to another person under legislation passed by the Assembly.
Assembly Bill 72 by Assemblyman Robert Hertzberg (D-Sherman Oaks) would allow prosecutors to file either a misdemeanor or felony charge against an owner of a dog who viciously attacks another person, and could face up to four years in prison or a $10,000 fine. The measure was approved with a 72 to 0 vote and forwarded to the Senate for consideration.
Bottle Recycling Measure Moves to Assembly
The Senate has approved a measure to update California's bottle recycling law on a 23 to 9 vote and has sent the bill to the Assembly. Senate Bill 332 by Senator Byron Sher (D-Palo Alto) would make several revisions to the California Beverage Container Recycling and Litter Reduction Act, enacted in 1988, including:
• The addition of more drink containers to the list of bottles that would have a refund value and could be recycled, including containers for milk, medical food, infant formula, non-carbonated water and fruit juices. The measure would cover more than 2 billion additional glass, plastic and metal containers each year.
• Reduces the minimum recycled content requirement for bottle manufacturers to 25 percent.
• Increases the funding for curbside recycling programs from $5 million to $15 million.
• Revises the amount paid to processors and recycling centers for each bottle processed.
• Changes the formula of processing fees paid by manufacturers.
• Increases payments to convenience zone operators (who operate recycling drop offs at retail grocery stores) and conservation corps for litter reduction programs.
Anti-Discrimination Measure Clears Assembly
The Assembly has approved a measure by Assembly Speaker Antonio Villaraigosa (D-Los Angeles) to provide greater protection against discrimination based upon sexual orientation. Assembly Bill 1001 would prohibit discrimination by employers and landlords on the basis of sexual orientation. Current law provides protection for individuals based upon race, religion, color or marital status. The measure was approved on a 41 to 34 vote.
Measure Requiring State Inspections for Amusement Park Rides Advances
The Assembly has approved a measure to regulate amusement park rides in California. Assemblyman Tom Torlakson (D-Antioch) garnered the votes for his Assembly Bill 850 to get a 58 to 14 vote. The measure would require inspections conducted in a random fashion among the state's 71 amusement parks, including Disneyland, Waterworld and Six Flags Magic Mountain. Currently, California officials inspect only those rides at carnivals and traveling shows, but not at permanent amusement parks. Representatives from some of the parks argued they have their own inspectors.
Older Drivers Face Mandatory Tests for Drivers Licenses
Drivers over the age of 75 may be required to pass an on-the-road drivers test in order to renew their driver's licenses under a measure approved by the Senate last week. Senate Bill 335 by Senator Tom Hayden (D-Los Angeles) was passed with a 21 to 17 vote and sent to the Assembly. The measure would require over 75 drivers to take a written test, a vision test and a road test once every four years. Drivers over the age of 80 would have to pass the tests every three years, and after age 90, the tests would be required every year.
Senior organizations opposing the bill have argued that it is unfair to single out older drivers, and that young, inexperienced drivers can be hazardous on the road.