Volume 2, Issue 18, (October 18, 1999)
In This Issue:
Workplace Safety Rules, Penalties Toughen
State Workers Get Pension Increase
Historic Health Care Reform Package Enacted
Nurse-Patient Ratios Get Boost
Needle Exchange Measure Signed into Law
Warning Labels to be Required for Cigars
Holocaust Insurance Registry Act Signed into Law
Insurers to Seek Referendum to Repeal New "Bad Faith" Law
Low Cost Auto Insurance Policies Approved
Governor Signs Bill to Authorize Reagan License Plates
Davis Signs Bill Affording Protections to Gay, Lesbian Students
Governor Approves Plan to Provide Telephones in Classrooms
Seat Belt Requirement Extended to School Buses
Juvenile Justice Measure Signed
Domestic Violence Measure Approved
Undetectable Knives Target of New Law
Davis Signs Water, Library, Forensic Labs and Veterans Homes Bond Measures
Governor Signs Bill to Revise, Improve California's Bottle Recycling Law
Yuba River Designated as Wild and Scenic River, Gains Protections
Amusement Park Inspection Bill Approved
Consumers Get Protections from Y2K-Related Losses
Measure Requiring Free Air, Water at Service Stations Approved
Governor Vetoes Funding for Investigation of Oil Industry
New Law Addresses Area Code Overlays, Splits
Ballot Measure Qualifies to Reduce Legislators' Pay
Assembly Speaker Announces Candidacy for Mayor of Los Angeles
Sole Green Party Legislator Makes Switch
Workplace Safety Rules, Penalties Toughen
Governor Davis has signed Assembly Bill 1127 by Assemblyman Darrell Steinberg (D-Sacramento) to strengthen laws to protect California workers.
The bill will allow prosecutors to seek felony charges against individuals or companies that repeatedly violate worker safety laws, resulting in worker injuries or deaths.
Penalties will jump from $70,000 to $250,000 for an individual found guilty of violating the law. Companies could be liable for up to $1.5 million for a first conviction, and up to $3.5 million for a second conviction within a seven-year period.
State Workers Get Pension Increase
California state employees will get a boost in pension with the Governor's signature of Senate Bill 400 by Senator Deborah Ortiz (D-Sacramento). The bill formally enacts a negotiated agreement which includes a six percent boost in retirement benefits to state workers who retired 25 or more years ago, with declining pension increases for those retiring later. Workers who retired in 1997 will receive a one percent increase in their pension.
Historic Health Care Reform Package Enacted
Governor Davis has signed into law 21 legislative measures designed to reform the health care industry in California. The package includes the following:
Independent Review:
Accountability:
Liability:
Consumer Protections:
Coverage:
Nurse-Patient Ratios Get Boost
Assembly Bill 394 by Assemblywoman Sheila Kuehl (D-Santa Monica) has been signed into law to set standards for the minimum number of nurses necessary to care for patients.
AB 394 requires the state Department of Health Services to establish a minimum ratio of nurses to patients by January 1, 2001. Minimum standards exist only for operating rooms, intensive care and premature infant wards. The measure also prohibits the uses of nurses in units requiring specialized care if the nurse is not trained in that specialty.
Proponents of the measure argued that California has staffing ratios for veterinary hospitals, but not for hospitals serving human beings. Opponents argued that the problem in California is not that nurse to patient ratios are insufficient, but that there is a shortage of nurses in the state.
Needle Exchange Measure Signed into Law
A controversial measure that would absolve local governments of liability if they institute needle exchange programs has been signed into law by the Governor. Assembly Bill 518 by Assemblywoman Kerry Mazzoni (D-San Rafael) 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.
Four California cities have ordinances that allow needle exchange programs to help fight AIDS: Berkeley, Los Angeles, San Francisco and Santa Cruz. Other local governments have provided funding for outreach, training and disposal of used needles.
Warning Labels to be Required for Cigars
Assemblywoman Carole Migden's (D-San Francisco) bill to require warning labels for cigars has been signed into law. Assembly Bill 1595 will require boxes of cigars sold in California to carry a label similar to those required on cigarette packs.
Migden amended the bill to require labels on boxes, rather than on individual cigars. She also amended the bill so that it will take effect in September of 2000.
Holocaust Insurance Registry Act Signed into Law
The Governor has signed Assembly Bill 600 by Assembly members Wally Knox (D-Los Angeles) and Assembly Speaker Antonio Villaraigosa (D-Los Angeles) to establish and maintain the Holocaust Era Insurance Registry. The Registry would include records and information relating to insurance policies issued by insurers in California to people in Europe and which were in effect between 1920 and 1945.
Information is to be provided by insurance companies who sold policies during the Holocaust Era, and the new law provides for criminal penalties. Insurers who fail to provide relevant information within 210 days of enactment of the proposed law would have their authority to do business in California suspended.
Insurers to Seek Referendum to Repeal New "Bad Faith" Law
The insurance industry has decided to place a referendum on the March 2000 statewide ballot to overturn two measures signed into law by Governor Davis that would give accident victims the right to sue insurance companies for bad faith handling of their claims. Senate Bill 1237 by Senator Martha Escutia (D-Commerce) and Assembly Bill 1309 by Assemblyman Jack Scott (D-Pasadena) were signed into law last week.
Under the new law, consumers will be able to sue insurance companies that deny, delay or "low-ball" insurance claims resulting from a collision. The Scott bill exempts medical and legal malpractice insurers from the being subject to third-party lawsuits. Scott's bill also requires judicial arbitration for claims under $50,000 in urban counties, and prohibits those convicted of driving under the influence from filing a third-party lawsuit.
The new laws reinstate portions of the 1979 "Royal Globe" decision rendered by the California Supreme Court which allowed third-party lawsuits. A more conservative court overturned the 1979 decision nearly ten years later.
The industry and other business interests have argued the new law will cause auto insurance premiums to skyrocket, and that the law benefits personal injury attorneys, not consumers.
However, consumers groups supported the legislation, claiming that insurance companies deny claims, delay them or pay minimal costs of accident claims in order to save money and increase profit margins.
Low Cost Auto Insurance Policies Approved
Senate Bill 527 by Senator Jackie Speier (D-San Francisco) has been signed into law to authorize a pilot program to provide low-cost auto insurance policies in San Francisco. The bill requires insurers that participate in an assigned risk plan to also participate in a four-year pilot program for San Francisco to provide low-cost automobile insurance policy for eligible applicants.
Governor Signs Bill to Authorize Reagan License Plates
Assembly Bill 1041 by Assemblyman Tony Strickland (R-Ventura) has been signed into law to create a new California license plate honoring former President and California Governor Ronald Reagan. Motorists will be able to pay an extra $50 fee to purchase the special license plates. Proceeds will go to the Ronald Reagan Presidential Library to pay for educational and historical programs.
Davis Signs Bill Affording Protections to Gay, Lesbian Students
Governor Davis signed a measure to protect gay and lesbian students in California schools. Assembly Bill 537 by Assemblywoman Sheila Kuehl (D-Santa Monica) adds 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 will protect students from acts of violence, harassment and other crimes associated with targeting a student because of his or her sexual orientation. The controversial measure faced stiff opposition from conservative and religious organizations, including the Committee on Moral Concerns.
Governor Approves Plan to Provide Telephones in Classrooms
Governor Davis has signed a measure to require school districts to include plans for telephone service to each classroom in their construction or modernization plans submitted to the state for funding approval.
Assembly Bill 1136 by Assemblywoman Virginia Strom-Martin (D-Sebastopol) is designed to enhance classroom safety.
Seat Belt Requirement Extended to School Buses
Assembly Bill 15 by Assemblyman Martin Gallegos (D-El Monte) has been signed into law to require lap and shoulder restraints in new school buses in California.
Davis signed the measure, but communicated to Gallegos that he would like Gallegos to sponsor a follow-up bill that will accommodate concerns raised in an anticipated federal study.
Juvenile Justice Measure Signed
Senator Dede Alpert's (D-San Diego) Senate Bill 334 was signed into law to toughen prosecution laws for juvenile offenders. The bill will allow more juveniles to be prosecuted in adult court for serious crimes.
SB 334 requires that minors who are 16 and older who are accused of committing certain felonies and who have been convicted of a felony at least once before to be prosecuted in an adult criminal court. The measure includes murder, attempted murder, forcible sex crimes, kidnapping, and other serious crimes.
The bill also requires juvenile offenders who use a gun during the commission of a violent felony to be placed in juvenile hall, or a juvenile ranch or camp or with the California Youth Authority, and requires confiscation of firearms found on a juvenile who is taken into custody.
Although Davis signed the measure, he eliminated funding provisions that would have paid for crime prevention programs around the state.
Domestic Violence Measure Approved
Governor Davis has signed Senate Bill 218 by Senator Hilda Solis (D-El Monte) to prohibit a person who is subject to a restraining order from possessing a firearm while the order is in effect. Current law only prohibits the purchase or receipt of a firearm, but does not address possession of a firearm while a restraining order is in effect. The bill also requires the mandatory arrest of individuals who violate restraining orders, and requires government approval of treatment programs for domestic violence offenders.
Undetectable Knives Target of New Law
A measure to prohibit the manufacture or sale of undetectable knives in California has been signed into law. Assembly Bill 1188 by Assemblyman George Runner (R-Lancaster) would provide a misdemeanor penalty for any person who manufactures, sells, keeps for commercial sale a knife which cannot be detected by a metal detector.
The bill requires commercial manufacturers of undetectable knives to include product materials in their future manufacturing processes that will ensure that their knives are detectable by a metal detector set at standard calibration.
Davis Signs Water, Library, Forensic Labs and Veterans Homes Bond Measures
Assembly Bill 564 by Assemblyman Mike Machado (D-Linden) was signed into law to place a nearly $2 billion general-obligation bond on the March, 2000 ballot. If approved by the voters, the bonds would fund efforts to increase water supplies, pay for flood control projects, watershed protection and water conservation and recycling projects throughout the state.
The bond will be listed on the ballot as the "Safe Drinking Water, Clean Water, Watershed Protection and Flood Protection Act of 1999" and will fund projects including:
The Governor also approved SB 3 by Senator Richard Rainey (R-Walnut Creek) which will place a $350 million library bond on the ballot 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 available in 11 years.
Assembly Bill 1391 by Assemblyman Robert Hertzberg (D-Sherman Oaks) has also been approved to authorize a $220 million bond for the construction, renovation and infrastructure costs of new or existing state and forensic labs.
Forensic laboratories collect, analyze and interpret evidence involved in the investigation and prosecution of criminal activity. A recent audit of state laboratories found significant deficiencies, including below par conditions that could contaminate evidence, outdated equipment and lack of space for storage of evidence.
Senate Bill 630 by Senator Joe Dunn (D-Santa Ana) was signed into law to place a $50 million general obligation bond on the March ballot for construction or renovation of state owned veterans' homes. The bond measure includes a provision requiring that 3 percent of the contracts issued with the bonds be awarded to disabled veterans businesses.
Last month, Governor Davis also signed a $2.1 billion measure to benefit parks and recreation facilities in California.
Governor Signs Bill to Revise, Improve California's Bottle Recycling Law
Governor Davis has signed into law Senate Bill 332 by Senator Byron Sher (D-Palo Alto), which recasts California's "bottle bill law." 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, non-carbonated soft drinks and sport drinks, non-carbonated fruit drinks, coffee and tea drinks. The new law will 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.
Yuba River Designated as Wild and Scenic River, Gains Protections
Senate Bill 496 by Senator Byron Sher (D-Palo Alto) has been signed into law to afford protective status to a 39-mile segment of the South Yuba River in Nevada County. By giving the river the designation, it will be protected from new dams or reservoirs being built on the river.
In signing the measure, Governor Davis expressed his concern and support for additional funding for flood protection for downstream communities, which opposed the measure citing the need for flood control protection outweighs the preservation benefits for the river. $90 million have been earmarked for the downstream community for flood protection in the $2 billion water bond on the March 2000 ballot.
Amusement Park Inspection Bill Approved
Governor Davis signed into law a measure to regulate amusement park rides in California. Assemblyman Tom Torlakson (D-Antioch) authored Assembly Bill 850 to 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 late summer as injuries and deaths resulted from several accidents involving amusement park rides in California and around the United States.
Consumers Get Protections from Y2K-Related Losses
Senate Bill 317 by Senator Tim Leslie (R-Tahoe City) has been signed into law to require financial institutions to reimburse consumers for any fees, charges or penalties resulting from the institutions' Y2K problems. Consumers will be protected from inappropriate banking fees, bad credit reports and other financial problems that arise from the financial institutions' Y2K computer problems that occur.
Delays in direct deposits, bounced checks, delayed payments of bills are examples of glitches that could occur under with the Y2K problem.
Many institutions have completed or are underway with the task of bringing their computer programs up to date. The "Y2K bug" is a problem stemming from an error made with most computer programs in which the year 2000 is not recognized, but rather, when the turn of the century occurs, 2000 will be interpreted as the year 1900. Government and private sector entities alike have spent the last few years working to correct the bug in order to minimize any system failures resulting from the programming error.
Measure Requiring Free Air, Water at Service Stations Approved
Assembly Bill 531 by Assemblywoman Nell Soto (D-Pomona) has been signed into law to require that air and water services be provided at no cost to customers who purchase gasoline. The new law would require signs to be posted regarding these services.
Governor Vetoes Funding for Investigation of Oil Industry
Governor Davis has vetoed a bill that would have provided $1 million for the Attorney General to investigate soaring gasoline prices and two possible mergers of oil companies - BP Amoco and Atlantic Richfield, and Exxon with Mobile.
Attorney General Bill Lockyer has indicated the veto of Senate Bill 1131 by Senate President Pro Tempore John Burton (D-San Francisco) will cripple his ongoing investigations, as the help of outside experts are necessary to evaluate whether the proposed mergers would in effect reduce competition and result in increased prices at the gas pump for California consumers.
New Law Addresses Area Code Overlays, Splits
Assembly Bill 406 by Assemblyman Wally Knox (D-Los Angeles) has been signed by 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 requires 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. Policy makers 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 PUC has already issued an order reducing blocks issued to telecommunications companies to 1,000 phone numbers.
Ballot Measure Qualifies to Reduce Legislators' Pay
Nearly 800,000 signatures of registered voters have been collected and submitted to the Secretary of State to place an initiative on the March, 2000 ballot to reduce legislators' pay and to shift the responsibility of reapportionment to the California Supreme Court.
If approved by the voters, reapportionment would be a task assigned to the Supreme Court. Reapportionment is the redrawing of district boundaries, which is a task undertaken every ten years as census data which is collected by the federal government reflects changes in the
population. Boundaries are drawn for state and federal legislative seats.
The measure would reduce legislative salaries from $99,000 to $75,000 per year and also reduce expense allowances.
Assembly Speaker Announces Candidacy for Mayor of Los Angeles
Assembly Speaker Antonio Villaraigosa has announced he will run as a candidate in the race for Mayor of the City of Los Angeles. The primary election will take place in April, 2001, with the two top vote-getters facing a run-off in the general election in June, 2001.
Villaraigosa, a former labor and community organizer first elected to the Assembly in 1994, is currently serving his third and final term in the Assembly and will not be able to run for his Assembly seat again in the November, 2000 election. His is the second Latino to be elected to the Assembly Speaker post, and if successful in his bid to be Mayor, would be the first Latino Mayor of Los Angeles.
Sole Green Party Legislator Makes Switch
The nation's highest ranking Green Party elected official has decided to leave the Green Party and run as an independent in next year's elections. Earlier this year, Green Party member Audie Bock stunned the Democratic Party by defeating long-time activist and former Oakland Mayor Elihu Harris in a bid for the 16th Assembly District. Harris, a former Assemblyman and savvy politician, was expected to win the seat handily and had the backing of the Assembly Democratic machine.
Bock made the switch because she believes she will not be able to raise the necessary funds to match the fundraising machine that will no doubt be in operation. Democrats have targeted Bock s seat as a priority and hope to recapture it next fall.
Political insiders have expressed concerns over Bock's move, suggesting that it is a mistake to abandon her base of voters.
Bock is an East Asia scholar and an independent film distributor.