Volume 3, Issue 6, (March 27, 2000)
In This Issue:
Legislators Respond to Gas Price Spikes
Senate Sends Governor Signal, Refuses Reappointment of State Official
Synthetic Pot Pill Measure Goes To Governor
Bill to Authorize Gambling Cruise Ship Sent to Governor
Bill Requiring Coverage of Bone Marrow Tests Passes Senate Committee
DNA-Sex Crimes Measure Advances
Committee Approves Bill Targeting Animal Torture Videos
Housing Measure Advanced by Committee
Senate Committee Holds Special Hearing on California Emergency Rooms
Legislators Make Annual Pilgrimage to Washington, D.C.
Assembly Condemns Ad Campaign Featuring Death Row Inmates
Legislators Respond to Gas Price Spikes
Less than one week after Assembly Republicans called for the permanent elimination of the state sales tax on gasoline in California, Assembly Speaker Antonio Villaraigosa (D-Los Angeles) amended new language into Assembly Bill 43 to temporarily suspend the state's five percent sales tax on gasoline and diesel fuel during peak-travel summer months. The measure would require gasoline and diesel refiners, distributors and retailers to pass on to consumers the savings from the suspension of the sales and use tax on gasoline or diesel.
The temporary suspension of the sales tax could save consumers as much as seven to ten cents per gallon, but could cost the state as much as $450 million, assuming gas prices of approximately $2 per gallon. The sales tax relief would been in effect from June 1 through September 30th of this year. AB 43 would not affect local sales taxes, which average approximately three cents per gallon of gas.
Less than one week before Villaraigosa amended AB 43, Assembly Republicans presented to the full Assembly a proposal to permanently eliminate the state sales tax on gasoline and diesel fuel. That proposal, Assembly Bill 1706 by Assemblyman Tony Strickland, R-Thousand Oaks), would have an estimated annual cost to the state of as much as $1.6 billion, and was rejected by the Democratic membership of the House.
Assemblyman Tom McClintock (R-Granada Hills) introduced a resolution to request the President and Congress to repeal a portion of the federal tax on fuels. Assembly Joint Resolution 52, if approved by the Legislature, would send a signal from California in support of H.R. 3844, which would repeal the 4.3 cent per gallon tax increase on fuels enacted in 1993.
Attorney General Bill Lockyer, who is sponsoring a series of legislative proposals, is also conducting a gas price investigation. His proposals include support for construction of a pipeline from the Gulf Coast to California, the establishment of a strategic gasoline reserve in the state and limiting the ability of oil companies to own and operate retail service stations.
Senate Sends Davis Signal, Refuses Reappointment of State Official
The relationship between Governor Gray Davis and state legislative leaders has become quite stressed, and the Senate lobbed a strong missive signaling so by declining to conduct a Senate Rules Committee hearing to consider the reappointment of Jim Nielsen as Chair of the Board of Prison Terms. Nielsen is a conservative Republican and former legislator appointed by then Governor Pete Wilson, and his reappointment had Governor Davis' support. Legislative leaders are also reportedly considering a veto override on some measures that were vetoed by Governor Davis last year. A successful veto override has not occurred since Jerry Brown was Governor of California.
Synthetic Pot Pill Measure Goes To Governor
Senate Bill 550 by Senator Patrick Johnston (D-Stockton), which would make it easier for doctors to prescribe synthetic marijuana, has been approved by the Legislature with a final Senate vote of 28 to 0 and sent to Governor Davis for his consideration. The pills, sold under the name Marinol, are used by patients to ease nausea and vomiting. Current law requires doctors to write the prescription in triplicate and submit a copy of the prescription to the Justice Department.
Bill to Authorize Gambling Cruise Ship Sent to Governor
A measure by Senate President Pro Tempore John Burton (D-San Francisco) to provide approval for a cruise ship casino has been sent to Governor Davis. Senate Bill 228 authorizes ships that move outside the bounds of California's coast to other states or countries to offer gaming entertainment, as long as slot machines are disabled while the ships are within three miles of California's shoreline.
SB 228 was approved by the Senate on a 28 to 1 vote.
Bill Requiring Coverage of Bone Marrow Tests Passes Senate Committee
The Senate Insurance Committee approved a bill that could help increase the number of bone marrow donors in California. Assembly Bill 536 by Assemblywoman Sarah Reyes (D-Fresno) won approval by the committee on a 6 to 0 vote. The bill would authorize the use of $1.5 million in state funds to test Californians interested in participating in the national Marrow Donor Program.
A Federal program currently provides funding that covers the costs of bone marrow testing for minorities. AB 536 is designed to provide the costs of testing for Anglos aged 18 to 60, and would help provide the costs of testing 200,000 Californians.
The measure originally would have required health insurers to cover the cost of the test, which is nearly $100 each. However, faced with intense opposition from the insurance industry, Reyes amended the bill to eliminate the mandate on health insurers and instead provide state funding.
The bill will be heard next by the Senate Appropriations Committee.
DNA-Sex Crimes Measure Advances
The State Assembly has approved a measure that would eliminate the statue of limitations in sex crimes cases where law enforcement authorities can successfully match DNA evidence with a suspect's DNA. Assembly Bill 1742 by Assemblyman Lou Correa (D-Anaheim) would extend the statute of limitations indefinitely in cases where a DNA match is made, but would give a one year window from the time of the match for district attorneys to file charges against the suspect. Currently, charges in most criminal cases must be filed within six years -- with no statute of limitations applying on cases involving murder and kidnapping. However, with advances in technology, older cases in which forensic evidence yielding DNA samples can now help identify criminal suspects involved in the cases. The measure was approved on a 65 to 0 vote and now goes to the Senate for consideration.
Committee Approves Bill Targeting Animal Torture Videos
The Assembly Public Safety Committee unanimously approved a bill to target the producers and distributors of videos in which animals are tortured or killed. Assembly Bill 1853 by Assemblyman Thomas Calderon (D-Montebello), which was approved by the Committee on a 7 to 0 vote, targets producers, distributors and those who possess images involving animal torture. Calderon argued that while animal cruelty is already a crime, it is often difficult to identify participants in a video. Further, there is a three-year statute of limitations for prosecution of individuals engaged in animal cruelty. Targeting those who distribute or purchase or posses such videos will allow prosecutors to target the "consumer" end of the business.
Currently, buying or selling videos depicting animal cruelty is not against state or federal law.
AB 1853 will be heard next in the Assembly Appropriations Committee.
Housing Measure Advanced by Committee
An Assembly Budget subcommittee not only approved a request for $625,000 on a special pilot project, but also increased the amount to $5 million to expand the pilot program to four other regions in the state. The request, which is partnered with implementing legislation, Assembly Bill 2054 by Assemblyman Tom Torlakson (D-Antioch), would pay for the "Inter regional Partnership" between San Joaquin, Stanislaus, Alameda, Contra Costa and Santa Clara counties. The partnership would identify up to ten locations for jobs/housing opportunity zone, where tax credits could be authorized as incentives for affordable housing development near job centers that have limited affordable housing nearby.
AB 2054 is part of a housing development package of bills recently introduced by a bipartisan coalition of legislators. The measure will be heard soon by the Assembly Housing and Community Development Committee.
Senate Committee Holds Special Hearing on California Emergency Rooms
The Senate Insurance Committee held a special hearing to learn about the condition of emergency rooms in California. Chaired by Senator Jackie Speier (D-San Francisco), the committee heard from emergency room physicians throughout the state, as well as representatives from the health care insurance industry. Since 1997, 19 emergency rooms have closed even though the number of patients has increased. Staff shortages lead to temporary emergency room closures, restricting the number of patients that can be treated. Furthermore, the cost of treatment and the negative long-term health impacts of injuries increase as those patients in overcrowded emergency rooms experience delays in immediate emergency care.
Health maintenance organizations and government programs where sharply criticized as failing to make sufficient payments for emergency patient care.
Legislators Make Annual Pilgrimage to Washington, D.C.
A bipartisan delegation of 40 state lawmakers made the annual trek to Washington, D.C. last week to lobby and hold informational sessions with federal policy makers.
Legislators met with White House officials regarding the census, health care and transportation. Other meetings included discussions on education, funding for additional food for poor pregnant women, the glasswinged beetle and its deadly impact on California crops, water policy, and intercity rail service, among others.
The National Conference of State Legislatures, of which Senator Jim Costa (D-Fresno) is incoming president, helped coordinate the trip.
Assembly Condemns Ad Campaign Featuring Death Row Inmates
The State Assembly has formally condemned the Italian clothing company Benetton for its advertising campaign featuring death row inmates in America, and urges a consumer boycott of Benetton products. The campaign features photographs and interviews of inmates, with the intended purpose of provoking discussion on the death penalty.
The House approved Assembly Joint Resolution 50 by Assemblyman Scott Baugh (R-Huntington Beach) with a 59 to 8 vote, and sent the measure to the Senate for its consideration. The boycott was initiated by Crime Victims United and is supported by other victims' rights organizations and law enforcement groups.