California Senate at half time (almost): passage of redistricting, term limits, campaign reporting, port air pollution, trans fat, pharmaceutical, global warming, and other bills

June 8, 2007

By Frank D. Russo

There are dozens of important stories here that affect Californians' lives in so many ways. As the BBC would say, here are the main points. Many of the details to follow as we dig out from the blizzard of bills passed in both houses in Sacramento this week--and some of the major disappointments in bills defeated or not taken up because they did not have the votes needed to pass--this year.

We are almost at half-time. Next week, all eyes will be on the state budget--with new drama there with breaking news that the state's revenues are about $700 million below where they had been estimated. Another hole to be filled and dealt with somehow. Later, hopefully in June, we will be at half-time when the budget is passed.

To date, 581 Senate bills have been passed by the Senate, some of them already signed into law, but most of them moved to the Assembly. The Senate voted on 52 bills yesterday. Here are a few of the bills that caught our attention and the votes that they passed or were defeated by.

Senate Constitutional Amendment (SCA) 9 by Republican Senator Ashburn would reform California’s legislative and political process through changes to legislative redistricting, legislative term limits, campaign reporting requirements, and legislative accountability. (29-5), with 27 votes needed for passage. This was a bipartisan vote.

Under the legislative accountability provisions of SCA 9, the Chief Clerk of the Assembly and the Secretary of the Senate would be directed to make available a legislative report card on a public website that states the number of legislative oversight hearings, town hall meetings, and district office hours by each member of the legislature. Additionally, legislative pay would be withheld during budget stalemates. During it’s annual recess the legislature would be required to conduct hearings on the oversight of state government. For more on SCA 9 (and SCA 10), see our article from April.

After some debate on the Senate floor, Senate Constitutional Amendment (SCA) 10 (Lowenthal) was approved on a bipartisan vote of 34-2. The floor vote came at a much earlier time in the legislative process to allow the Assembly to fully vet the proposed measure. This is considered by some as an extraordinary move to relinquish power as this measure, similar to SCA 3 of last year, would strip the legislature of its ability to draw political boundaries and bring an end to the gerrymandering. According to the author, this is the most comprehensive and independent redistricting proposal ever considered in the State Senate.

SCA 10 creates a citizens redistricting commission to establish and adopt plans for state Assembly, Senate, Board of Equalization, and Congressional districts. The plan must follow specified criteria in compliance with the U.S. Constitution and the Federal Voting Rights Act of 1965, and maintain and respect communities of interest.

In order to become law, SCA 10, as well as SCA 9 must earn a two-thirds majority in the state Assembly and then be approved by voters.

SB 7 (Oropeza)- Bans smoking in cars with kids by making this a secondary infraction, meaning that the driver cannot be pulled over for this reason. (22-16) If adopted into law, SB 7 would impose a $100 fine on drivers and passengers cited for smoking in a car with another person aged 17 or younger

Health experts have testified that recent scientific studies, including a 2006 report by the Harvard School of Public Health, concluded second-hand smoke in a car can be up to 10 times more dangerous than in a home.

Paul Knepprath of the American Lung Association said the group applauds Oropeza’s leadership in passing landmark legislation to protect children from tobacco. “This measure puts kids first and protects them from breathing cancer-causing tobacco smoke,” he said.

Alecia Sanchez of the American Cancer Society agreed, saying, “Today’s Senate passage of SB 7 gives us hope that this year, after three attempts, we will clear the air for California kids.”

SB 9 (Lowenthal)- Establishes a process for selecting projects under the Trade Corridor Improvement Fund (for Prop 1B) requiring that proposed projects be included in an approved regional transportation plan and incorporate an estimate of the emissions produced during the construction . (23-12)

-SB 17 (Florez)- Reforms the make-up and expectations of the Reclamation Board, which is charged with oversight for California’s aging and vulnerable levees. The make up will become more independent and professional. It also requires senate confirmation on members. (25-11)

SB 32 (Steinberg)- Expands eligibility for the Medi-Cal program and Healthy Families Program by allowing children with family incomes at or below 300% of the federal poverty level to qualify and would delete the citizenship and immigration status requirements. (25-13)

SB 48 (Perata) – Health care reform (23-16). For further information, see yesterday's article.

SB 220 (Corbett)- Water Vending Machines- imposes additional labeling requirements on water bottlers and vendors. The source of the water must be identified on water bottles. (22-15)

SB 286 (Lowenthal)- Establishes procedures for allocation of up to $2 billion of proceeds from Prop 1B that are deposited in the Local Street and Road Improvement, Congestion Relief, and Traffic Safety Account of 2006 for use by cities and counties. (35-2)

SB 375 (Steinberg)- Makes reforms to the regional planning process that will account for emission reduction goals set out in last year’s AB 32. Requires the California Transportation Commission, in cooperation with the Air Resources Board, air districts, and regional transportation agencies, to adopt and certify modeling guidelines for use in showing reductions in vehicle miles traveled and climate change emissions (21-15). There was a very colorful debate on this one. SB For more info, read the Sacramento Bee editorial, “Fuelish sprawl”.

SB 405 (Steinberg)- Creates a pilot program to enable low-performing schools to increase student access to college preparatory classes and rigorous career technical education. (27-12) This bill is also part of the above mentioned the Senator's “Dropout” package of bills. For more info on Steinberg’s dropout bill, read the San Francisco editorial, “Our diploma-less students”.

SB 408 (Oropeza) would require a signature gatherer to have been eligible to register to vote in the area at the time of the previous election. It would close legal loopholes in the current law by requiring that paid signature gatherers actually are residents of the area in which they collect signatures. (22-14)

Senator Oropeza said, "The gathering of signatures has become an industry unto itself,” Oropeza said. “These paid, out-of-state gatherers have no connection to the grandmother around the block, the child in the neighboring school, nor any constituents affected by the measure they are circulating. It is clear that the framers of the initiative process intended it to be a citizen-driven, grassroots expression."

SB 456 (Simitian)- Bans products containing diacetyl- an artificial flavoring that produces a butter-like flavor in food products like microwave popcorn. (22-18) Another entertaining debate on this one.

SB 490 (Alquist)- bans trans fats at schools (K-8th) (25-12)

SB 534 (Perata)- Creates a California Dental Hygiene Board (24-14)

SB 533 (Yee)-On a bipartisan 24-9 vote, would add Invasive Pneumococcal Disease immunization to the list of required vaccinations for childcare facilities entry requirements and combat a deadly disease that affects children and the elderly. Globally, as many as one million children die of pneumococcal infections each year. In California, eighty-three percent of children 24 to 35 months do not receive CDC Advisory Committee on Immunization Practices (ACIP) vaccinations within the recommended timeline.

Accoring to Senator Yee, “Pneumococcal disease is far too common in children in industrialized countries. In fact, the most common breeding ground for these bacteria is in childcare and preschool settings. SB 533 will make sure our children are immune to this harmful and potentially deadly disease.”

SB 594 (Romero)– Appropriates $6 million to Witness Relocation Program (Passed on the Special Consent Calendar)

SB 606 (Scott)- Requires pharmaceutical companies to make available, on a free, publicly accessible website, the results of all clinical trials, initiated on and after January 1, 1997, except for phase I trials. (25-15)

SB 660 (Perata)– Establishes the California Office of Climate Change Research and Assessment in the Resources Agency to centralize all efforts assessing the effects of climate change and to set research priorities for climate-related activities. (26-13)

SB 721 (Ashburn)- Requires every state agency, by January 1, 2010, to establish and implement a succession plan. This is response to impending departure of many so baby boomers who have become top level managers in state government departments. (36-1)

SB 732 (Steinberg)- Omnibus Prop 84 bill. Creates guidelines for money spend under this bond approved by the voters for parks and water. (23-14)

SB 748 (Corbett)- Establishes procedures for the allocation of up to $1 billion of bond proceeds from Prop 1B that are deposited in the State-Local Partnership Program Account. (30-7)

SB 801 (Ridley-Thomas)- Places an initiative on the ballot to amend the Chiropractic Initiative Act (which created the State Board of Chiropractic Examiners) to allow the Legislature to amend, modify, or repeal the Act. Requires Senate confirmation of members. (24-16)

SB 851 (Steinberg)- "The Corrections Mental Health Act of 2007" establishes mental health courts in the California Department of Corrections and Rehabilitation (23-12). This will establish a comprehensive system of care for individuals with serious mental illness who are involved in the state’s criminal justice system. It standardizes the mental health courts in the state and broadens the mental health services parolees can access.
For more information, read the Steve Lopez column in the Los Angeles Times, “An Rx to thin California prison population”.

SB 974 (Lowenthal), "The Ports Investment Bill", which creates an ongoing funding stream to clean up air pollution and relieve congestion caused by freight traffic. Lowenthal argued this is needed to respond to the critical health conditions at the ports and through the freight transport system. The California Air Resources Board (CARB) reports that 2,500 people a year die prematurely due to pollution from the ports and the freight system. (22-12, including one Republican vote). This bill passed in the face of strong opposition from the industry associated with the ports.

SB 1002 (Perata)- Establishes a process for increasing water supply and improving long term flood and water management. (25-14)

Failed

SB 831 (Lowenthal) "Cell Phone Bill of Rights." Would have provided newl protection to cell phone consumers regarding billing discrepancies, allow a customer to present evidence that unauthorized calls were made, and allow for a grace period to rescind contracts. (17-20) Considered a major defeat by consumer advocates.

That's all for now folks, but there will be more to come.