Volume 2, Issue 16, (September 13, 1999)
In This Issue:
Legislative Session Comes to a Close
Governor Signs Gun Measures into Law
"Peeping Tom" Bill Signed Into Law
Governor Signs Dog Attack Measure
Governor Signs Bill Banning Brand Names/Logos in School Books
Governor Signs Measure to Strengthen Rights of Taxpayers
Davis Balks at Bill Reinstating Prison Inmate Interviews
Gaming Compact Negotiated, Signed During Final Weeks of Session
Legislators Approve Ballot Measure to Allow Charitable Raffles
Two Billion Dollar Water Bond Passes During Final Minutes
Two Billion Dollar Parks Bond Sent to Governor
Davis to Get Library Bond Measure
Needle-Exchange Bill Sent to Governor
Nursing Home Reforms Approved by Legislature
Nursing Ratio Measure Approved
Seat Belts for School Buses Proposal Passes
Amusement Park Ride Bill Advances to Governor's Desk
Bill to Limit Wal-Mart, Costco Stores Drafted, Passed During Final Days of Session
Union Fees Measure Advances to Governor
Bill to Address Proliferation of Area Code Splits Gets Final Nod
Bill Proposes $1 million for Study of Skyrocketing Gasoline Prices
Measure to Require Free Air, Water at Service Stations Goes to Governor
Anti-Gay Discrimination Measure Sent To Davis
E-Mail Monitoring Bill Sent to Governor
Legislative Session Comes to a Close
The 1999 legislative session came to a close late Friday, September 10th as a political dispute brought Assembly Republicans and Democrats to an hours-long legislative standstill. The disagreement centered on a measure that would have restructured the Franchise Tax Board membership and broadened its duties to include child support collection under the proposed newly restructured system. Republicans balked, and refused to provide the necessary votes to pass several measures requiring a 2/3 vote, including a $2 billion water bond.
The Senate had lobbed the controversial FTB measure to the Assembly mid-afternoon on Friday, and then recessed for the year, leaving the Assembly to wade through a partisan minefield. After an eight-hour standoff, Assembly Republicans finally put up the votes to pass the remaining bills on file.
Notwithstanding last-minute partisan squabbles, many significant reform proposals have been sent to the Governor within the last two weeks, including child support enforcement, tribal gaming compacts, water and parks bonds, and many others. The Governor will have until October 10th to sign or veto legislation sent to him during the last two weeks.
Governor Signs Gun Measures into Law
Governor Davis has signed several measures to control the types of guns sold in California, to ensure safety devices accompany guns and to provide greater enforcement at gun shows.
Davis signed Senate Bill 15, authored by Senator Richard Polanco (D-Los Angeles), which would ban the sale of cheap, unsafe handguns in California.
The measure would make it illegal to manufacture, import or sell handguns that fail to meet strict safety tests and do not have safety devices. Only handguns that pass firing tests and drop-safety tests at state-certified laboratories could be sold in California. Violation of the law could bring up to one year in jail.
Senate Bill 130, by Senator Tom Hayden (D-Los Angeles), and Assembly bill 106, by Assemblyman Jack Scott (D-Pasadena) were also signed into law. These identical bills will require trigger lock devices accompany all firearms sold in California.
Lastly, Governor Davis has also signed legislation to require certification and disclosure rules for gun show promoters.
Assembly Bill 295 by Assemblywoman Ellen Corbett (D-San Leandro) requires 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 and flame throwers, are being sold at gun shows in California.
Prior to signature of AB 295, California law did 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.
AB 295 also prohibits minors from attending gun shows unless accompanied by a parent, guardian or grandparent. Gun show organizers are also required to prepare security plans for each show, and vendors are required to disclose the names of their employees.
Similar measures to SB 15, SB 130 and AB 106 have been approved by the Legislature in the past but were vetoed by then-Governor Pete Wilson.
"Peeping Tom" Bill Signed Into Law
Governor Davis has signed Assembly Bill 182 by Assemblyman Dick Ackerman (R-Fullerton) to make it illegal to secretly videotape beneath or through another person's clothing without their knowledge for the purposes of sexual gratification.
The bill was introduced after police in Orange County caught men secretly videotaping women as they stood in line or stepped off rides at Disneyland, the beach and public events staged last year. However, since no law prohibited the activity, police could not arrest the men.
AB 182 goes into effect January 1, 2000.
Governor Signs Dog Attack Measure
Governor Davis has signed a bill to allow felony charges to be brought against the owners of dogs who viciously attack humans. Senate Bill 103 by Senator Maurice Johannessen (R-Redding) was signed into law August 30th.
The new law will allow felony charges to be brought against dog owners who train their dogs to attack or kill, and subsequently the animal seriously injures or maims a human. Johannessen introduced the bill after a young boy lost an arm last year after being mauled by dogs trained to attack. The law previously did not provide for stiff penalties for owners of vicious dogs.
Governor Signs Bill Banning Brand Names/Logos in School Books
Governor Davis has signed into law Assembly Bill 116 by Assemblymember Kerry Mazzoni (D-San Rafael) to prohibit the State Board of education and local school districts from approving the use of instructional materials, including textbooks, which include the use of commercial brand names, products or company logos.
The law is the first of its kind in the nation.
Governor Signs Measure to Strengthen Rights of Taxpayers
Senate Bill 685 by Senator Dick Monteith (R-Modesto) has been signed into law to strengthen taxpayer rights and to extend to California taxpayers the same due process notifications that are currently required of the Internal Revenue Service for federal taxpayers.
The bill also requires the Taxpayer's Rights Advocate, a position established by the Katz-Harris Taxpayer Bill of Rights Act, to establish administrative review procedures for taxpayers that request reviews.
The bill takes effect January 1, 2000.
Davis Balks at Bill Reinstating Prison Inmate Interviews
Governor Davis has rejected a measure that would have once again allowed media interviews with California prison inmates. Assembly Bill 1440 by Assemblywoman Carole Migden (D-San Francisco) would have reversed an executive directive put in place by Governor Pete Wilson in 1996. Wilson's regulation prohibits interviews with inmates, and lifts the veil of confidentiality of correspondence between inmates and media journalists. Currently, journalists may visit prisoners during normal visiting hours, but can be prevented from bringing writing or recording devices with them.
Migden argued her bill would reinstate the basic tenement of freedom of the press, and would shed light on problems within the prison system. However, Davis maintained the ban on interviews is consistent with the concept of incarceration as punishment, and that incarceration "...is not to provide additional celebrity to convicts."
Gaming Compact Negotiated, Signed During Final Weeks of Session
Legislative leaders, Governor Davis and tribal leaders from around the state gathered during the final weeks of the 1999 session to hammer out an agreement to put back in place major provisions to allow casinos to operate on tribal lands, as authorized by the passage of Proposition 5 in 1998. Tribes spent upwards of $70 million to pass Proposition 5 in order to secure the future of gaming on tribal lands.
Tireless sessions produced a final compromise that resulted in a compact being signed by Governor Davis, and legislation being approved by the Legislature that puts a ballot initiative on the March, 2000 ballot to reinstate provisions of Proposition 5 which were thrown out by the courts. Senate Constitutional Amendment 11 by Senate President Pro Tempore John Burton (D-San Francisco) was approved on Friday.
Specifically, the state Supreme Court ruled that Nevada-style gambling on Indian reservation lands is unconstitutional. The new initiative will address legal challenges brought against Prop. 5 by amending the Constitution to provide for an exception.
The compact would:
• Allow less expansion of gaming than Proposition 5 had allowed, but included more types of games,
• Cap the number of slot machines to 2000 per tribe,
• Extend compacts through 2020,
• Require consultation with local governments regarding environmental impacts of casino development,
• Allocate $1.1 million to non-gaming tribes (revenues to come from a tribal revenue-sharing fund).
Tribes that do not sign the compact will be subject to federal enforcement action, and could be subject to closure of casinos not protected under the compact.
Gaming opponents criticized the compact, saying it significantly expands gambling in California.
Legislators Approve Ballot Measure to Allow Charitable Raffles
The Senate cast a final 31 to 3 vote to place a constitutional amendment on the March 2000 ballot to allow fund-raising raffles in California.
Senator Bruce McPherson's (R-Santa Cruz) Senate Constitutional Amendment 4 would authorize nonprofit organizations to conduct raffles as a means of fund raising.
The California State Constitution prohibits the sale of lottery tickets in the state, including the sale of raffle tickets, with the exception of the state-run Lottery. If approved by the voters, SCA 4 would allow the Legislature to authorize the use of raffles as a means of charitable fund raising, as long as at least 90% of the gross receipts from the raffle go directly toward charitable purposes.
Two Billion Dollar Water Bond Passes During Final Minutes
Assembly Bill 564 by Assemblyman Mike Machado (D-Linden) was approved by both houses late and sent to the Governor for signature, to place a nearly $2 billion general-obligation bond on the March, 2000 ballot. The bonds would pay for flood control projects, watershed protection and water conservation projects throughout the state. The measure was intensely lobbied during the final day of session, as Assembly Republicans balked at approving a water bond measure that did not include funding for new reservoirs and dams.
However, after Governor Davis made a commitment to Republican leaders to include $20 million in the 2000-01 Budget for studies for new reservoirs, Assembly Republicans cast the necessary votes to pass the measure, which needed at least 54 votes to pass the Assembly.
Two Billion Dollar Parks Bond Sent to Governor
Assembly Bill 18 by Assembly Speaker Antonio Villaraigosa (D-Los Angeles) has been approved by both houses of the Legislature and will likely be signed by the Governor in order to place a $2.1 billion parks bond on the March, 2000 ballot.
Davis to Get Library Bond Measure
The state Senate gave final approval to SB 3 by Senator Richard Rainey (R-Walnut Creek) and sent the $350 million library bond measure to the Governor on a bipartisan 33 to 3 vote. The Governor is expected to sign the measure, which would place a bond measure on the March 2000 ballot to provide $350 million in bonds to pay for construction and renovation of local library facilities in California. There is a $2 billion backlog of at least 425 library projects proposed in the state. If approved by the voters, SB 3 would be the first library bond in 11 years.
Key HMO Reform Measures Pass
Several key measures were sent to the Governor during the final week of session to address major reforms in the health care industry.
Senate Bill 12 by Senator Liz Figueroa (D-Fremont), which casts a major reform on the health care industry, has been approved on a final 22 to 9 vote by the Senate and sent to the Governor. The bill will allow Californians insured through private employers to sue health care providers for damages. The measure has been the center of a long-standing battle between doctors and consumer advocates who support the bill, and health maintenance organizations that oppose it.
Assembly Bill 55 by Assemblywoman Carole Migden (D-San Francisco) creates an external independent medical review system to review health plan decisions which delay or refuse to pay for patient care.
Assembly Bill 88 by Assemblywoman Helen Thomson (D-Davis) was approved to require health plans to include coverage for treatment for nine severe mental illness, including schizophrenia, obsessive-compulsive disorder, major depression, bipolar disorder, panic disorder, autism, anorexia and bulimia. A more comprehensive mental health parity measure was stalled in the Assembly Appropriations Committee.
Assembly Bill 12 by Assemblywoman Susan Davis (D-San Diego) was also approved and sent to the Governor to require health plans to allow a patient or a treating physician to request a second opinion from another doctor in the same medical group.
These measures reflect negotiations carried out during the final weeks of the session as legislators, patient advocates and the industry worked out a series of industry reforms with Governor Davis.
Senate Bill 41 by Senator Jackie Speier (D-San Francisco) and Assemblyman Bob Hertzberg (D-Los Angeles) was approved on a final Senate vote of 25 to 11 to require private health plans to cover contraceptives.
Needle-Exchange Bill Sent to Governor
A controversial measure that would absolve local governments of liability if they institute needle exchange programs has been sent to the Governor. As originally sent to Governor Davis two weeks ago, Assembly Bill 518 by Assemblywoman Kerry Mazzoni (D-San Rafael) would have allowed pharmacists and physicians to distribute clean hypodermic needles and syringes without a prescription or a permit, if allowed locally.
However, the measure was sent back to the Legislature by Davis, who requested revisions to the bill. AB 518 now simply prohibits cities and counties that operate needle exchange programs from being sued.
Needle sharing among drug users is one of the leading causes of the spread of AIDS. Proponents fought for the measure, saying needle exchange programs save lives by curbing the spread of AIDS and other diseases such as hepatitis.
Opponents argued against the measure, suggesting it would indicate the government's approval of drug use and that it sends the wrong message to the youth of California.
Nursing Home Reforms Approved by Legislature
Legislation to provide for stronger enforcement of safety regulations for nursing homes and California has been approved by both houses of the Legislature and sent to Governor Davis. Assembly Bill 1160 by Assemblyman Kevin Shelley (D-San Francisco) also doubles the maximum penalty for serious violations, from $25,000 to $50,000. The measure provides for an increase in nurse-to-patient ratios, and also establishes additional training requirements for care givers.
Nursing Ratio Measure Approved
A controversial measure to increase the ratio of nurses to patients has been approved and sent to the Governor. Assembly Bill 394 by Assemblywoman Sheila Kuehl (D-Santa Monica) would require the state to mandate a nurse-to-patient ratio for general care hospitals. Nurse-to-patient ratios currently exist for special care services such as intensive care units, operating rooms, nursing homes and psychiatric hospitals.
Bottle Bill Heads to Governor
Senate Bill 332 by Senator Byron Sher (D-Palo Alto), which recasts California's "bottle bill law," has been approved and sent to the Governor on a bipartisan 57 to 16 vote out of the Assembly, and a 24 to 9 vote by the Senate.
SB 332 adds several more containers to the list of drink containers that would have a refund value and could be recycled, including carbonated and non-carbonated water, noncarbonated soft drinks and sport drinks, noncarbonated fruit drinks, coffee and tea drinks. The measure would cover more than 2 billion additional glass, plastic and metal containers each year.
SB 332 also 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; and requires the Department of Conservation to spend $10 million annually in 2000 and 2001 to conduct a statewide public education and information campaign.
Seat Belts for School Buses Proposal Passes
The Legislature has sent the Governor a measure that would require seat belts on all new school buses in California. Assembly Bill 15 by Assemblyman Martin Gallegos (D-Irwindale) has been approved on a final 67 to 5 vote by the state Assembly and sent to the Governor.
AB 15 would require manufacturers to install seat belts in all buses sold in California after January 1, 2002. It would not require seat belts to be installed in buses currently in use by school districts. Gallegos indicated retrofitting older buses would be too cost-prohibitive. Only three other states currently require seat belts on school buses.
Amusement Park Ride Bill Advances to Governor's Desk
The Assembly gave final approval of 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 66 to 10 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. The measure gained momentum in recent weeks as injuries and deaths have resulted from accidents involving amusement park rides in California and around the United States.
Bill to Limit Wal-Mart, Costco Stores Drafted, Passed During Final Days of Session
A measure was amended during the final days of session to restrict the development of stores like Wal-Mart and Costco in California. Assembly Bill 84 by Assemblyman Dick Floyd (D-Wilmington) was amended to prohibit local governments from approving any retail store project with more than 100,000 which includes more than 15,000 square feet of space which would be used to sell food. The labor union backed bill was also supported by supermarkets that have been affected by the competition brought about by warehouse-style stores that sell bulk foods at a lower cost than traditional supermarkets.
AB 84 was approved by the Assembly on a 43 to 30 vote, and by the Senate with a 21 to 16 vote. There will be a major effort from supporters and opponents of AB 84 to convince Governor Davis of the merits, or lack thereof, of the bill.
Union Fees Measure Advances to Governor
The state Senate has given final approval with a 22 to 14 partisan vote to a labor-sponsored Senate Bill 645, authored by Senate President Pro Tempore John Burton (D-San Francisco). SB 645 would require University of California and California State University employees to pay mandatory union dues, or so-called "fair share" or "agency shop" union fees. Covered workers would be required to either join the union, or pay a fee to the union even if they opt not to join.
The measure provides an exemption for supervisors and for UC faculty.
Bill to Address Proliferation of Area Code Splits Gets Final Nod
Assembly Bill 406 was sent to the Governor to address the serious problem of the continuing proliferation of area code splits in California, which have boomed during the last decade as faxes, cell phones and pagers have become mainstream necessities for many Californians.
AB 406 would require the California Public Utilities Commission to adopt number-conservation tactics and to encourage and work with the Federal Communications Commission to quickly address the manner in which telephone numbers are distributed and assigned. Currently, telephone numbers are distributed to telecommunications carriers in blocks of 10,000, irrespective of the actual need for the amount of numbers. Policymakers have suggested blocks of 1,000 would be a much more prudent way of distributing telephone numbers in order to ensure all competitors have access to telephone numbers in a given area code.
The bill was amended late in the session to reflect a version of Assembly Bill 818, by Assemblyman Knox, which was approved by the Senate Appropriations Committee. That Committee stripped language from the bill which would have rescinded recent action by the PUC to create a new area code "overlay" in the 310 area code in Los Angeles. All new phone numbers issued on the 310 area code would have a "424" area code.
However, a conference committee reinserted the controversial language, pitting the entire telecommunications industry against the Knox bill. The industry was able to block enough votes to kill AB 818. The author reverted back to the earlier compromise in order to pass a measure to address the controversial problem without rescinding the regulatory action to implement the 424 area code.
Bill Proposes $1 million for Study of Skyrocketing Gasoline Prices
The Senate gave final approval of a measure to allocate $1 million to state Attorney General Bill Lockyer to continue his investigation of high gasoline prices in California and to review the impacts of oil company mergers on gasoline prices. Senate Bill 1131 by Senate President Pro Tempore John Burton (D-San Francisco) passed the Senate on a final vote of 27 to 11 and now goes to the Governor for consideration.
Measure to Require Free Air, Water at Service Stations Goes to Governor
Assembly Bill 532 by Assemblywoman Nell Soto (D-Pomona) has been approved by both houses of the Legislature and sent to the Governor on a final 41 to 35 vote by the Assembly. AB 532 would require service stations in California to provide free air and water to customers who purchase gasoline at their stations.
Anti-Gay Discrimination Measure Sent To Davis
The Legislature has sent Governor Davis a measure to protect gay and lesbian students in California schools. Assembly Bill 537 by Assemblywoman Sheila Kuehl (D-Santa Monica) would add sexual orientation to the list of human traits that are protected from discrimination in schools, such as race, color, religious affiliation or gender.
AB 537 would protect students from acts of violence, harassment and other crimes associated with targeting a student because of his or her sexual orientation. The measure won narrow passage on a partisan vote from the Senate of 24 to 14 and from the Assembly, 41 to 35. The measure faced stiff opposition from conservative and religious organizations, including the Committee on Moral Concerns.
E-Mail Monitoring Bill Sent to Governor
The Senate gave final approval with a 40 to 0 vote to pass Senate Bill 1016 by Senator Debra Bowen (D-Marina Del Rey) to protect employees from having their e-mail messages surreptitiously monitored.
If signed into law by Governor Davis, SB 1016 would require employers to notify their employees if they intend to monitor workplace computer e-mail messages.