Dave Cox Senate Report: October 2006

Legislative Update

Here is an update on the major legislation that we have been reporting to you and has generated the most constituent interest during the just completed legislative session:

Business Issues

SB 1523 (Alarcon) - Requires local agencies to prepare an economic impact report prior to approval or disapproval of a “big box” – or “superstore” – retailer (i.e. Wal-Mart). This bill was vetoed by the Governor.

The Governor’s veto message contained a very good point about bills such as this that discriminate against businesses that wish to locate in a community:

“As is often the case, a ‘one size fits all’ approach from Sacramento will take away choices that communities have to decide whether a particular development fits their communities. I am unable to support this bill that effectively sends a message to retailers and others that California is ‘closed for business.’”

SB 1397 (Lowenthal) - Mandates that, after July 1, 2007, no person identify themselves as an “athletic trainer”, a “certified athletic trainer”, a “registered athletic trainer”, or an “ATC” unless he or she is registered as an athletic trainer by an athletic training organization. This bill was vetoed by the Governor.

The Governor’s veto message contained a point I try to keep in mind whenever I am confronted with the issue of an industry asking to be “regulated” by the state government:

“There is no evidence that the existing unregulated status of athletic trainers poses any threat to the public health and safety. While there may be a benefit to consumers by providing a distinction for certified athletic trainers, this bill would place unnecessary regulatory burdens on the athletic training profession.”

Firearm Legislation

SB 59 (Lowenthal) – This bill makes it a crime for a person to not report their gun being stolen or lost to a law enforcement agency. It passed the Senate on August 29, 2006 by a vote of 21 to 16. I voted against the bill at that time. The bill was vetoed by the Governor.

SB 357 (Dunn) and AB 352 (Koretz) seek to implement a gun ammunition serialization program which would require every piece of ammunition sold, manufactured or possessed in the State of California to contain a unique serial number for identification purposes. The measures would also make it a crime to possess unserialized ammunition in a “public place” after July 1, 2007. SB 357 passed the Senate on June 2, 2005 but did not advance from the Assembly Appropriations Committee. I voted against SB 357 when it came before me in the Senate. AB 352 passed from the Senate on August 24, 2006 by a vote of 22 to 18. I voted against the bill at that time. The bill subsequently did not receive enough votes in the Assembly and is no longer active.

AB 2714 (Torrico) - This bill requires that all handgun ammunition sales in California be contingent upon verifying the purchasers age in person at the time of sale. This has the effect of banning handgun ammunition sales over the Internet and phone. AB 2714 passed from the Senate on August 31, 2006 by a vote of 23 to 16. I voted against the measure at that time. The bill was vetoed by the Governor.

Gay and Lesbian Issues

AB 606 (Levine) - Requires school districts to establish and publicize an antidiscrimination and anti-harassment policy based on actual or perceived gender identity and sexual orientation. I voted against this bill. Vetoed by the Governor.

AB 1056 (Chu) - Requires the State Board of Education to integrate instruction on inter-group relations and tolerance into the existing curriculum frameworks as a pilot program in selected schools in Los Angeles County. I voted against this bill. Vetoed by the Governor.

AB 2920 (Leno) - Requires the California Department of Aging (CDA) to ensure that all programs administered by CDA and the Area Agencies on Aging (AAAs) account for the needs of lesbian, gay, bisexual, and transgender (LGBT) seniors. I voted against this bill. Signed by the Governor.

SB 1437 (Kuehl) – Originally drafted to require inclusion of gay and lesbian figures in history textbooks, this bill in the end prohibited textbooks in California from containing negative references to gay and lesbian individuals. I voted against this bill. Vetoed by the Governor.

SB 1827 (Migden) - Gives domestic partners similar tax treatment as married couples, by allowing domestic partners to file joint or separate state tax returns. I voted against this bill. Signed by the Governor.

Illegal Immigration Issues

SB 160 (Cedillo) - Permits persons without lawful immigration status at California colleges and universities to receive Cal Grants and other state financial aid to the extent permitted by federal law. It also requires community colleges to waive fees for these persons if they otherwise qualify. I voted against this bill. Vetoed by the Governor.

SB 1162 (Cedillo) – Requires the Department of Motor Vehicles to issue driver’s licenses to illegal immigrants in California. I voted against this bill. Vetoed by the Governor.

SB 1534 (Ortiz) - Authorizes cities, counties, and hospital districts to provide aid, including health care, to persons who would otherwise be eligible for public assistance benefits but for their illegal immigration status. I voted against this bill. Signed by the Governor.

Miscellaneous Legislation – Vetoed by the Governor

AB 1677 (Koretz) – This bill would have allowed any nonprofit or health care agency to distribute sexual barrier protection devices in California State Prisons. I voted against this bill   AB 1873 (Torrico) – This bill would have expanded the 72 hour period under which a parent can turn over a newborn child to a safe surrender site, no questions asked, to 30 days. I voted against this bill.

AB 2645 (Parra) - Existing law requires each school site to allow pupils to wear sun-protective clothing, including hats, for outdoor use during the school day. This bill would authorize pupils to wear hats for sun protection without a note from a parent or a physician. The bill would authorize each school site to set a policy related to what is considered "outdoors" for purposes of this law. This bill would also allow that use of sunscreen without a note from a parent. I voted against this bill.   The Governor had a particularly interesting point about this bill:

“Finally, this bill allows school districts to adopt a policy related to ‘what is considered outdoors’ for purposes of this bill. Since nothing in the Education Code currently prohibits this, school districts already have the authority to adopt policies regarding what in considered ‘outdoors’. Nonetheless, as a practical matter I doubt that many districts will need to adopt a clarifying policy on the difference between indoors and outdoors.”

AB 2948 (Umberg) – This bill would have allowed California to become part of an interstate compact to cast its electoral votes to the winner of the national popular vote. This was an attempt to negate the U.S. Constitution’s establishment of the electoral college, where each state casts its electoral votes for the winner of that state’s popular vote. I voted against this bill.

Overall the Governor signed 950 bills in 2006 and he vetoed 262. If you are interested in viewing the details of the bills or in reading the Governor’s veto messages, you can find them by clicking on the “Legislation” tab on the Senate’s Website at: www.senate.ca.gov

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Cox Legislation 2006

In the 2006 Legislative Session, I introduced 25 bills. Eight of them were signed by the Governor. Twelve of them were held by a legislative committee at some point in the process. Five were defeated by a policy committee in either the Assembly or the Senate. Here are the highlights of the bills we carried this year. All of them have been signed into law by Governor Schwarzenegger:

SB 775 - Watermaster Services - This bill authorizes water users in eight Northern California counties to petition a court to switch watermaster services currently provided by the State Department of Water Resources (DWR) to a local agency that provides the same level of service. This bill is necessary because in the last few years, the cost of the DWR services have increased exponentially, and farmers and ranchers could not afford the increases. The culmination of a two-year effort, SB 775 will allow local ranchers to continue the service at an affordable cost.

SB 1241 - Sheriff’s Deputies - Residency Requirement - This bill would repeal a law that requires Sheriff’s deputies to live in the State of California. Counties that border Arizona, Nevada, or Oregon have been having problems providing affordable housing to deputies that are assigned to posts near the California border. Several years ago, it was discovered that deputies that chose to live in the neighboring state are in technical violation of the law. All of Alpine County’s deputies, for instance, live in Nevada due to the high housing cost in California. SB 1241 repealed the law requiring in-state residence. From now on, Sheriff’s deputies will not be in violation of this antiquated law.

SB 1536 - Folsom Bridge - Sale of State property - This bill would require the state Department of General Services to sell 14 acres of land adjacent to Folsom State Prison to the City of Folsom for the purpose of constructing a bridge to replace Folsom Dam Road. The land next to the prison is where the footings for the bridge over the American River will be placed. This action will bring the City one step closer to putting this project out to bid to allow construction to begin early next year, and relieve the traffic congestion that was caused when the Bureau of Reclamation closed the Folsom Dam Road in 2003.

SB 1661 - Hospital Seismic Retrofit Extension - This bill will allow the State Office of Statewide Health Planning and Development (OSHPD) to extend the seismic retrofit deadline of 2013 by two years if a hospital is under construction with a retrofit project. Under current law, the hospital might actually have to be closed. Hospitals that have met their obligation to work toward making their facility safe in the event of an earthquake should not have to suffer a penalty for complying with the seismic retrofit mandate.

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Quote Of The Week

“Those who are too smart to engage in politics are punished by being governed by those who are dumber.”
- Plato

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