Volume 2, Issue 17, (September 27, 1999)
In This Issue:
Legislative Proposals Flood Governor's Desk
Child Support Reform Package Signed into Law
In-School Advertising Limits Imposed
Parks Bond Measure Signed -- Heads for March 2000 Ballot
Domestic Violence Bill Gets Governor's Signature
Elder Abuse Bill Signed Into Law
Hit and Run Penalty Extended to Concealment of Accidental Death
Government Activities to Be Logged on Internet
Lemon Law Protections Strengthened
Big Box Bill Vetoed, Davis Signs Retail Incentive Measure
Baca Wins First Round in Congressional Race
Legislative Proposals Flood Governor's Desk
Following the September 10th deadline to pass bills during the 1999 Legislative Session, Governor Davis is receiving a barrage of bills that have been sent to him for his consideration. The Governor has until October 10th to sign bills sent to him during the final weeks of session. Otherwise, he may veto bills, or simply allow bills to become law without his signature. Several major legislative proposals have already been signed into law, including a major child support reform package and a $2.1 billion parks bond. The following describes some of the more prominent legislative proposals which have been signed into law during the past two weeks.
Child Support Reform Package Signed into Law
Three bills have been signed that will significantly restructure California's child support enforcement and collection system. The bills are designed to strengthen state oversight, improve local accountability for child support collection activities and create a single statewide child support automation system. The responsibilities will all fall under a new state Department of Child Support Services. Franchise Tax Board will also be given additional responsibilities to collect delinquent child support payments.
The legislation will shift local child support programs from local district attorneys' offices to new county child support departments. Child support payments of more than $100 which not collected within 60 days will be referred to the Franchise Tax Board.
The measures include Senate Bill 542 by Senate President Pro Tempore John Burton (D-San Francisco) and Senator Adam Schiff (D-Pasadena), Assembly Bill 196 by Assemblywoman Sheila Kuehl (D-Santa Monica) and Assembly Bill 150 by Assemblywoman Dion Aroner (D-Berkeley).
The new Department will begin official operation January 1, 2000.
In-School Advertising Limits Imposed
School districts will be significantly limited in their ability to enter into contracts for products if the contract requires dissemination of advertising to students, under a bill signed by the Governor.
Assembly Bill 117 by Assemblywoman Kerry Mazzoni (D-Novato) is specifically intended to prohibit exclusive contracts that involve the sale or advertising rights of carbonated beverages, without a public hearing. The measure also is intended to address the issue of electronic products or services being used to disseminate advertising directly to students. Channel One, which is used as a teaching tool, has been criticized for its unabashed advertising directed at students.
Parks Bond Measure Signed -- Heads for March 2000 Ballot
Voters will have the opportunity to approve a $2.1 billion bond measure to help fund state parks, environmental and habitat protection and urban parks and recreational facilities, authorized by the signing of Assembly Bill 18 by Assembly Speaker Antonio Villaraigosa (D-Los Angeles) and Assembly Speaker pro Tempore Fred Keeley (D-Boulder Creek).
The Villaraigosa-Keeley Safe Neighborhood Parks, Clean Water and Coastal Protection Bond Act of 2000 provides for a $2.1 billion general obligation park bond, which, if approved by the voters, would be the first parks bond in ten years to provide funding for local and state parks, clean water, coastal beaches and recreational, social and cultural centers serving youth, seniors and families in urban environments. The bond act provides funding for several purposes, including:
Domestic Violence Bill Gets Governor's Signature
Assembly Bill 207 by Assemblyman Bruce Thompson (R-Fallbrook) has been signed into law to allow a victim of domestic violence to confidentially record a telephone conversation initiated by the perpetrator of domestic violence. Such protection for confidential recordings is currently only allowable in cases involving extortion, kidnapping, bribery or a felony involving violence.
Elder Abuse Bills Signed Into Law
The Governor has signed into law three bills that will help prevent and prosecute elder abuse in California.
Assembly Bill 925 by Assemblyman Robert Hertzberg (D-Sherman Oaks) requires all guardians and conservators to register with the Department of Justice, not just the county clerk where services are provided, as required by current law.
The measure is intended to improve communications between counties and the state regarding individuals who serve as conservators or guardians to elderly persons whose estates are vulnerable to predatory individuals.
Assembly Bill 1499 by Assemblyman Alan Lowenthal (D-Long Beach) requires facilities which serve the elderly, including adult residential facilities, nursing homes, and adult day support centers, to train staff to recognize and report elder and dependent adult abuse.
The Department of Justice will be responsible for establishing the training program. The measure is intended to improve understanding among elderly care givers regarding their legal responsibility to report abuse, and will clarify for care givers what constitutes abuse, including physical abuse, abandonment, isolation, financial abuse and neglect.
Assembly Bill 526 by Assemblywoman Charlene Zettel (R-Poway) allows statements by victims of elder abuse or dependent adult abuse to be used in criminal proceedings involving abuse or neglect of the victim, if the victim cannot appear in court. In some cases, dependent adults or elderly victims die or become incompetent to testify in court, hindering prosecution of their abusers.
Hit and Run Penalty Extended to Concealment of Accidental Death
The Governor has signed into law a bill that would impose a misdemeanor penalty on individuals found guilty of concealing an accidental death. Senate Bill 139 by Senator Ross Johnson (R-Irvine) provides for the misdemeanor penalty in concealment cases.
Such a penalty is imposed on those who are involved in hit-and-run accidents, where an individual flees the scene of accident with which he or she is involved. In signing the measure, the Governor cited the anxiety and trauma families and loved ones endure when a person conceals an accidental death.
Government Activities to Be Logged on Internet
Assembly Bill 1234 by Assemblyman Kevin Shelley (D-San Francisco) has been signed into law to require state boards, commissions and agencies to post on the Internet meeting notices at least 10 days in advance of a meeting, and also the minutes of meetings. The measure is intended to improve government access by citizens and to improve communications from government entities.
Lemon Law Protections Strengthened
Assembly Bill 1290 by Assemblywoman Susan Davis (D-San Diego) has been signed into law to extend the amount of time and the total mileage of a vehicle allowed for consumers to seek protection and compensation of defective new vehicles.
Current law provides protections for consumers who purchase a new vehicle that consistently must be repaired four or more times for the same problem or if the vehicle is out of service for more than 30 days during the first 12,000 miles. Davis' bill increases the period to the first 18 months or 18,000 miles.
Big Box Bill Vetoed, Davis Signs Retail Incentive Measure
Governor Davis has vetoed a measure that was amended during the final three days of session to restrict the development of stores like Wal-Mart and Costco in California. The Governor called Assembly Bill 84 by Assemblyman Dick Floyd (D-Wilmington) Òanti-competitive and anti-consumer,Ó and also chastised the bill's hastened legislative process as “the worst kind of end-of-session maneuvering by special interests”.
AB 84 was stripped of its original contents and 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 who have been affected by the competition brought about by warehouse-style stores that sell bulk foods at a lower cost than traditional supermarkets.
The Governor did, however, sign into law a measure by Assemblyman Tom Torlakson (D-Antioch) to prohibit local governments from offering financial incentives to large retail stores or automobile dealerships to relocate to their jurisdiction. Assembly Bill 178 would allow such incentives to be offered only if the local government which offers the incentive shares sales tax revenues with the local government that lost the retail outlet due to the incentive.
Baca Wins First Round in Congressional Race
State Senator Joe Baca (D-San Bernardino) won a special election primary race against the widow of Congressman George Brown, Jr., who died in July of this year. Baca won 31.5 percent of the votes, followed by Democrat Marta Macias Brown who won 30.2 percent, followed by Republican Elia Pirozzi, with 27.4 percent of the votes. Seven other candidates trailed far behind the three front runners.
Baca will face Pirozzi in the special election on November 16th. If Baca is successful in his bid for Congress, his Senate seat will be up for grabs in a special election that will take place early next year. Two Assembly members would be eligible to run for the Senate seat because their districts fall within the Senate District boundaries; Assemblyman John Longville (D-Rialto) and Assemblywoman Nell Soto (D-San Bernardino). It is anticipated other local candidates will also make the run for the Senate seat. Should one of the Assembly members win the Senate seat, their Assembly seat would also be subject to a special election in mid-2000.