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California State Legislature

Bullying, illegal immigration and fixing the ballot initiative process: your lawmakers are busy already

Things are supposed to be quiet in the Capitol this time of year, but with a $25 billion-plus budget deficit and a new Legislature -- and legislative session -- lawmakers apparently have not received the memo. Here's a couple of tidbits we've learned about in recent days:

First up: remember Tim Donnelly, the freshman Republican lawmaker from Twin Peaks (San Bernardino County) who came out of the gate swinging with an Arizona-style immigration law? He's not done. Last week, he also introduced a measure that would bar illegal immigrants from receiving in-state tuition at California State Universities and California Community Colleges. Current law allows a student who attended a California high school for three years to pay the cheaper, in-state tuition, even if they are here illegally. (Donnelly's measure also would require the state to offer members of the armed forces and their kids in-state tuition rates, but we're guessing that won't be the controversial part of the measure).

On the other end of the ideological spectrum is a bill introduced by Sen. Mark Leno, which aims to curtail the bullying of gay, lesbian bisexual and transgender students by making state schools teach more about the LGBT community. SB48 would "add the LGBT community to the existing list of under-represented cultural and ethnic groups already listed in the state's inclusionary education requirements," according to his office. It would also "add sexual orientation to the state's existing anti-discrimination protections that prohibit bias in school activities, instruction and instructional materials." Leno, a Democrat who represents San Francisco, said research shows that bullying rates are twice as high "in schools where students do not learn about the contributions of LGBT Americans."

And in the less-sexy but important category we can file a package of bills introduced by Assemblyman Mike Gatto, D-Los Angeles. The measures all aim to tackle ballot-box governing, where voters impose mandates and restrictions on lawmakers through ballot initiatives. The various measures would 1) require initiatives to identify funding sources; 2) require initiatives that implement supermajority requirements to pass by a supermajority; 3) allow the Legislature to amend most ballot measures after four years; 4) increase the number of signatures that must be collected to qualify a measure for the ballot; and 5) allow lawmakers to propose amendments before a measure appears on the ballot. If the changes were rejected by the ballot sponsors, a description of the amendments would be included in voter guides.

Posted By: Marisa Lagos (Email, Twitter, Facebook) | December 14 2010 at 03:07 PM

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Seven gays, lesbians now in California Legislature -- a record

As three federal judges heard arguments over California's law banning same-sex marriage today, LGBT history was also being made in Sacramento: the new state Legislature, sworn in Monday afternoon, now has the largest gay and lesbian caucus in California history, including the powerful Assembly speaker.

Speaker John Pérez, of course, made history when he was chosen to lead the lower house earlier this year. But the Lesbian, Gay, Bisexual and Transgender caucus also swelled by three members Monday when the Legislature's new class was sworn in. In addition to Pérez, two San Francisco representatives -- Assemblyman Tom Ammiano and Mark Leno -- and Senator Christine Kehoe, D-San Diego, the caucus also now includes three freshman lawmakers: Assemblyman Rich Gordon, D-Menlo Park; Assemblyman Ricardo Lara, D-South Gate; and Assemblywoman Toni Atkins, D-San Diego. (In case you hadn't noticed a pattern, they are all Democrats.)

Also unprecedented: both Gordon and Atkins were joined on the Assembly floor today by their spouses, whom they married when same-sex unions were briefly legal in California.

"I think it's a great reflection of the diversity of California," said Gordon of the growing number of gays and lesbian lawmakers.

Atkins, who spoke in favor of renominating Pérez for Assembly Speaker, noted during her remarks that not all same-sex couples are as lucky as she and her partner. But she also remarked on the historic nature of Pérez's rise to power.

"I cannot help but be extremely proud of Speaker Pérez as the first person (in his position) to represent the LGBT community," she said.

Posted By: Marisa Lagos (Email, Twitter, Facebook) | December 06 2010 at 06:32 PM

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Yee out as assistant pro tempore -- likely payback for vote against budget

Apparently the state Senate is kind of like the mob: You cross, the boss, you get cut.

We say this because State Sen. Leland Yee, D-San Francisco, has been stripped of his position as assistant president pro tempore of the California Senate. The decision by Senate President Pro Tem Darrell Steinberg, D-Sacramento, comes less than two weeks after Yee angered Steinberg and many others when he refused to vote for a long-sought state budget deal.

In case you don't already know (ha!) the Senate assistant president pro tem is technically the number two position in the upper house -- whoever fills the position is part of the body's leadership team.

In a letter to Steinberg and the entire rest of the Senate, Yee notes he was the first Asian American to become assistant pro tem, but said he is "more than willing to relinquish this title if that is the price for voting my conscience on the state budget and standing up against severe cuts to education, social services and health care."

He goes on: "I will comply with your request to reorder letterhead and other office materials to no longer include the title."

We have to wonder how much that will cost. But Yee probably sees it as worthwhile: He's widely expected to run for San Francisco mayor, and can probably connect more with the city's liberal base by railing against state budget cuts than by introducing himself as assistant president pro tempore.

For the record, Yee's title isn't the only victim of the budget fight: Assemblywoman Connie Conway, R-Tulare, lost her No. 2 position in the Assembly's GOP caucus recently -- perhaps because of an attempted leadership coup.

Posted By: Marisa Lagos (Email, Twitter, Facebook) | October 18 2010 at 06:22 PM

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Chelsea's Law, aimed at sex offenders, now law of the land

Standing near the parents of two teenage girls killed in San Diego by a convicted sex offender, Gov. Arnold Schwarzenegger signed a bill into law that overhauls how the state treats those types of offenders.

Chelsea's Law -- named for slain teenager Chelsea King -- will create a lifetime without parole sentence for the worst child molesters, but also offer ongoing treatment to paroled sex offenders deemed eligible for rehabilitation. It will extend parole terms for some, and in general aims to tailor sentences and parole terms to specific crimes, instead of taking a one-size-fits-all approach. It will match treatment approaches to ongoing assessments of offenders, and it will use polygraph tests for parolees.

AB1844, by Assemblyman Nathan Fletcher, R-San Diego, ultimately included many of the recommendations made by the state's own experts, and was the result of a rare bipartisan collaboration.

It was introduced after the abduction, rape and murder of 17-year-old Chelsea King in February; after convicted sex offender was arrested for the murder, he also admitted to killing 14-year-old Amber Dubois in 2009. Gardner pleaded guilty to both murders, and was sentenced to life without the possibility of parole.

At a San Diego bill signing event with the governor, Fletcher, Assembly Speaker John Perez and other lawmakers, and Amber's mother, Carrie McGonigle, Chelsea's parents praised Sacramento for coming together in memory of their daughter. Kelly King noted that she spoke with several of Chelsea's friends Wednesday night, who are now away at college.

"I want you to know, you have inspired and encouraged our next generation of voters by your actions. As a parent I thank you, and as a citizen I encourage you to seize this moment," she said. "Children look to us for guidance and understanding for what the world should be -- and in supporting and passing Chelsea's Law, you've shown them what it is, what is good and right and sound decision making in government.

"I offer my most heartfelt love and gratitude for your strength and support. Today is a day to celebrate ... and to know that you've helped Chelsea fulfill her dreams," she said.

Posted By: Marisa Lagos (Email, Twitter, Facebook) | September 09 2010 at 11:06 AM

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End of legislative session drama! Senators shout! Bills die!

There was a bit of political drama and intrigue at the end of the legislative session Tuesday night as Democrats scrambled to finish passing bills before the clock hit midnight.

As voting continued at 12:00 a.m., then even later, it was standing room only in the back of Senate chamber as Republicans on the floor -- whose microphones had been cut -- shouted, "Point of order!" as voting continued on a bill regarding renewable energy projects.

Sen. Sam Aanestad, R-Penn Valley (Nevada County), who is vice chair of the Senate Rules Committee, was holding a rule book in the air and getting hot under the collar.

"Read the rule book!" Aanestad shouted, adding moments later -- at 12:03 a.m. -- "You have embarrassed the house this evening!" The Secretary of the Senate Gregory Schmidt stepped in the middle of the fracas and spoke to Senate President Pro Tem Darrell Steinberg to settle it.

Steinberg got on his microphone, which was turned on, and explained the parliamentary procedure. "So," he said, "It's over."

Whew.

So here's the news: Several high profile bills died late in the night, some were voted down and some missed the deadline.

A quick rundown of what did not make the paper (The Chronicle is put to bed before the Legislature).

-- AB 1998, perhaps the most talked about bill recently, would have banned single-use plastic bags over the next few years. It was voted down in the Senate.

-- SB 722, a high priority for environmentalists, would have put in law requirements that utilities get 33 percent of their power from renewable sources. It was too late for this one, sponsored by Sen. Joe Simitian, D-Palo Alto, as the clock ran out on the companion bill. The Union of Concerned Scientists already is calling on Gov. Arnold Schwarzenegger to call a special session to get it passed.

-- AB 1934, a high priority for police chiefs across California, would have banned the open carrying of unloaded weapons (think the guns at Starbucks crowd). The bill by Assemblywoman Lori Saldana, D-San Diego, failed in the Assembly.

Posted By: Wyatt Buchanan (Email) | September 01 2010 at 06:00 AM

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Massage parlor bill sparks Senate debate

Members of the state Senate today debated AB 1822, a bill that would add two law enforcement officials to the Massage Therapy Organization Board.

The bill, authored by Assemblyman Sandré R. Swanson, D-Alameda, was written in part to combat the prostitution and human trafficking typically associated with massage parlors in California. According to the bill's supporters, adding two police officers to the board would help to curb organized crime's infiltration into the industry.

"In a normal circumstance, you would not need to have a police officer on a dental board or a health board -- it really wouldn't matter," said Sen. Roderick Wright, D-Inglewood (Los Angeles County). "When we're talking about granting licenses to people that could turn into effective licenses for prostitution, there ought to be some law enforcement oversight."

Several senators opposed the bill, arguing that the massage board should be self-governing and that police officers would be added to other boards as a result.

"The nursing profession brings in people from other countries," said Sen. Gloria Negrete Mcleod, D-Chino (San Bernardino County). "Are you going to start scrutinizing and putting a cop out there because there might be the possibility that they're trafficking nurses?"

It didn't take long for several senators to weigh in with a slew of double-entendres.

"I don't know if we're going to have a happy ending after this discussion today," quipped Gloria Romero, D-Los Angeles. "We appear to be divided."

Wright said the bill is directed at people who grant licenses and determine their qualifications for massage services.

"Whether or not you get a happy ending -- that's up for debate," Wright said.

The bill failed to receive enough votes to pass today. It will be reconsidered on Monday.

-- Justin Ho, reporting from Sacramento

Posted By: (Email) | August 27 2010 at 06:16 PM

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California ban on bisphenol A in doubt

A bill to ban the chemical bisphenol A (BPA) in products for children is on life support at the Capitol after it fell three votes shy of winning final passage in the state Senate today.

The proposal, SB 797, has passed the Senate once and won approval in the Assembly but it is back in the Senate for a concurrence vote on amendments. The main problem is that since it initially passed the Senate more than a year ago, two senators who voted for the bill are absent from the Capitol due to prolonged illnesses, though even with those it would be one short.

BPA is a chemical used to harden plastic in products like baby bottles. It also is present in epoxy resins that line metal food and beverage cans.

A multitude of studies have linked bisphenol A to health and behavioral problems, like birth defects in reproductive systems, early puberty and autism and hyperactivity. The federal Food and Drug Administration has expressed "some concern" -- a bureaucratic term -- about the chemical's effects on the brain and prostate gland in children, infants and fetuses, along with their behavior.

The bill would prohibit all but trace amounts of BPA in cups and bottles for children three years old and younger. It also prohibits baby formula and other food or drinks intended for young children from being packaged in containers that contain more than trace amounts of bisphenol A.

The proposal defines trace amounts at no more than one-tenth of a part per billion.

Sen. Fran Pavley, D-Agoura Hills (Los Angeles County), authored the bill and has one more chance to win its passage, which could come as soon as Thursday. Many non-BPA products for children already are on the market, but Pavley said they often cannot be found in stores located in less affluent areas of the state.

"It's all about politics," Pavley told us today. "(There was) no discussion about whether BPA is harmful to children -- we've gone way past that. ... This is strictly about special interests who are protecting their clients really well."

The ban is opposed by the American Chemistry Council, the California Chamber of Commerce, the California Grocers Association and others.

Tim Shestek, lobbyist for the chemistry council, said bans on chemicals such as this should be under the purview of the Green Chemistry Council, a state board that is scheduled to begin work next year identifying harmful chemicals.

"I think people understand at least in the Senate ... that we have a process and we ought to see how that plays out," he said.

Posted By: Wyatt Buchanan (Email) | August 25 2010 at 06:03 PM

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Body art rules pass the Senate

Businesses that provide body art, tattooing and piercing could face a host of new regulations as the Safe Body Art Act passed the California Senate this afternoon.

The legislation, authored by Assemblywoman Fiona Ma, D-San Francisco, now faces what likely will be a pro forma vote in the Assembly -- where it already has passed once -- and then go to Gov. Arnold Schwarzenegger. The governor vetoed similar legislation last year.

The bill, which passed the Senate on a 29-4 vote, adds a number of new requirements for shops, which are outlined in this story from earlier this year.

Both houses of the Legislature are engaged in day-long floor sessions this week as they finish work on bills before the two-year session ends on Aug. 31.

Posted By: Wyatt Buchanan (Email) | August 24 2010 at 05:13 PM

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Gays no longer on par with child molesters in state code

We told you awhile back about Assemblywoman Bonnie Lowenthal's bill to change state code so it no longer equates homosexuality and child molestation. The Assembly approved the measure unanimously in April, and now gay rights advocates are happy to report that the Senate did the same thing this week.

The measure, AB2199, strikes a 20-year-old line of state code that directed the Department of Mental Health to conduct research into "the causes and cures of sexual deviation" including "the causes and cures of homosexuality."

Now, it reads:

The State Department of Mental Health shall plan, conduct, and cause to be conducted scientific research into sex crimes against children and into methods of identifying those who commit sexual offenses.

The bill will head to the Assembly for concurrence and then on to the governor's desk.

Posted By: Marisa Lagos (Email, Twitter, Facebook) | August 24 2010 at 02:20 PM

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Palin speaking fee would be public record under bill OK'd by Legislature

Remember that whole brouhaha over whether the California State University at Stanislaus should have to disclose how much it was paying former Alaska Gov. Sarah Palin to speak at a fundraiser there? So does Senator Leland Yee, D-San Francisco, and he succeeded Monday in getting overwhelming legislative approval for a bill that would bring campus foundations and businesses under the state's Public Records Act. Gov. Arnold Schwarzenegger vetoed a similar measure last year, but Yee has now tweaked it to deal with the governor's concerns. (We should note that the bill passed in an unusual bipartisan vote of 60-0.)

Here's how my colleague, higher education reporter Nanette Asimov, described the bill, SB330, in an earlier story:

Yee is the author of SB330, which would bring campus foundations and businesses under the state's Public Records Act. The bill would place all campus "auxiliary organizations" - from the university bookstore to the foundation that raises money for scholarships and other programs - under the provisions of the California Public Records Act.

Gov. Arnold Schwarzenegger vetoed a similar bill last year, citing the possibility that anonymous donors would stop giving money to the university's foundations if they thought their names would be made public.

Yee's current bill would let donors remain anonymous unless they receive a gift worth at least $500 in exchange for their donation.

Calling such organizations "the biggest unturned stone in state government," Yee argues that they are often run by university officials themselves, and so should not be shielded from public scrutiny.

Yee says the Palin visit is just the tip of the iceberg. He notes a number of other situations, including a $1.25 million loan issued to a former Sonoma State University board member after he resigned from the university's foundation and a no-bid contract handed over to a foundation member at Fresno State University.

Posted By: Marisa Lagos (Email, Twitter, Facebook) | August 16 2010 at 04:38 PM

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