DANIEL WEINTRAUB COLUMN
Student Test Scores Cause For Concern, Not Panic
http://www.sacbee.com/content/opinion/story/10428801p-11348330c.html

You know student test scores are alarming when top state officials hardly even bother to put a good face on them. And that's what happened this week in California. After years of steady progress, the scores on this year's tests stalled, and in some cases declined. Students aren't mastering either English or math at the rate they should. And the gap between poor kids and everyone else remains persistently large. "This is not where we want to be," admitted state schools chief Jack O'Connell. "This is not where we hope to be."

BUSINESS AND LABOR

Superstore Restrictions OK’d
http://www.dailynews.com/Stories/0,1413,200%257E20954%257E2343566,00.html

After months of debate, the Los Angeles City Council quietly approved a measure Wednesday placing restrictions on superstores such as Wal-Mart. And in another issue with broad-ranging economic consequences, the council members urged a quick resolution to labor talks with hotel workers. "You'd have to say it wasn't a very business-friendly day at City Hall," said Jack Kyser, chief economist at the Los Angeles Economic Development Corp. "It seems like the council is showing an unusual thought process on both these issues."

Valley Turns To Governor For Help
http://www.fresnobee.com/business/story/9015765p-9911614c.html

Local government and business leaders will ask Gov. Schwarzenegger today to create an interagency task force to boost the sputtering economy of the central San Joaquin Valley. Fresno Mayor Alan Autry and leaders of the Regional Jobs Initiative are expected to make the case that the Valley's chronic unemployment, high crime rate, poor air quality and run-down infrastructure are bringing down the entire state. The task force could create a "comprehensive action plan for the economic recovery of the San Joaquin Valley," said Peter Weber, co-chairman of the RJI. He gave a preview of the presentation to local business leaders Wednesday.

EDUCATION

Impaired Student Loses In U.S. Court
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2004/08/19/BAGUL8ACNE1.DTL

A third-year medical student with a learning disorder who flunked out of UC Davis after being denied extra preparation time is not covered by the federal disability law, a federal appeals court ruled Wednesday. The court said the student's past academic success showed he was as capable of learning as most people. The 2-1 ruling by the Ninth U.S. Circuit Court of Appeals in San Francisco cited a U.S. Supreme Court ruling two years ago that required proof that a person was disabled from activities that are important to most people's daily lives.

ENERGY, THE ENVIRONMENT AND UTILITIES

Advocates Threaten To Push Power Initiative
http://www.latimes.com/business/la-fi-power19aug19,1,7143370.story?coll=la-headlines-business

Consumer groups said Wednesday that they might push for a ballot initiative that could close the door on attempts to deregulate California's electricity market should Gov. Arnold Schwarzenegger veto a key power bill making its way through the Legislature. The initiative would ask voters to permanently prohibit manufacturers, big-box stores and other major energy consumers from buying electricity at unregulated prices — a key feature of deregulation scenarios favored by the Schwarzenegger administration, which has said consumers should be allowed to "choose their energy providers."

Mileage Tax Proposed For State’s Drivers
http://www.ocregister.com/ocr/2004/08/19/sections/news/news/article_208035

John Luster of Orange piloted his new silver Toyota Prius 300 miles up to the Sequoia National Park earlier this month, using just six gallons of gasoline. Had Luster driven his Acura Integra, he would have used twice as much fuel - and paid twice as much gas tax. But what's good for Luster (and the environment) is bad for state highway funds: The state got half as much tax revenue to deal with the same amount of wear and tear on the roads. It's a looming problem as hybrids become more popular, and Gov. Arnold Schwarzenegger's government-reform commission has come up with a solution: Tax motorists based on the miles they drive, not the amount of gas they consume.

State Sues Mirant Over Energy
http://www.ocregister.com/ocr/2004/08/19/sections/business/business/article_207516

California Attorney General Bill Lockyer sued Mirant Corp. on Wednesday, charging the energy company with manipulating the state's electricity market during the Western energy crisis of 2000-2001. Mirant traders created bogus grid congestion to get higher prices, routed sales out of state to avoid price caps and lied to grid operators about power-plant outages, Lockyer said in a lawsuit filed in San Francisco Superior Court. "Mirant profited by breaking the law and plundering the people of California," Lockyer said in a written statement. "They were, without question, one of the worst offenders during the energy crisis."

Aerial Photos Chart Vanishing Farmland
http://www.sacbee.com/content/news/story/10428768p-11348314c.html

Figures released by the state Wednesday confirmed what any longtime Sacramento-area resident has probably noticed - we've been paving over a lot of farmland around here. Infrared, aerial photographs compiled by the California Department of Conservation provide a full-color picture of what happened in the six-county region between 2000 and 2002. During that period, 12,614 acres of farmland and pasture were urbanized, up slightly from the 12,155 acres lost between 1998 and 2000.

HEALTH AND HUMAN SERVICES

Ban On Mercury In Vaccines Gets Push
http://www.contracostatimes.com/mld/cctimes/news/local/9439823.htm

Supporters of a bill that would ban a mercury-based preservative from vaccines for children and pregnant women in California are making a last-minute push to get the measure passed before lawmakers go home Aug. 31. Assemblywoman Fran Pavley, D-Woodland Hills, has delayed the effective date to July 2006 to give pharmaceutical companies more time to beef up production of vaccines without thimerosal. She also has inserted a provision that would enable state officials to waive the thimerosal ban during a public health emergency, including a severe flu vaccine shortage.

Hearing-Aid Bill Heads For Arnold’s Desk
http://www.dailynews.com/Stories/0,1413,200%257E20954%257E2343581,00.html

Susan Grafman's effort to get health insurance companies to help pay for children's hearing aids won state Assembly approval Wednesday, more than two years after the Burbank mom walked into the office of Sen. Jack Scott and asked for help. By a 43-20 vote, the Assembly approved SB 1158, which requires group health insurers -- both HMOs and PPOs -- to provide up to $1,000 for hearing aids for those under 18. The bill now goes to Gov. Arnold Schwarzenegger for his signature. "It just seemed to me a matter of justice. When it was first brought to my attention by (Grafman) ... it seemed kind of strange or outrageous that these costs weren't covered," said Scott, D-Pasadena.

Drug, Alcohol Use Dips Among Teens
http://www.sacbee.com/content/news/story/10428775p-11348326c.html

Fewer California teens are experimenting with drugs, alcohol and cigarettes, according to a new statewide survey released Wednesday. The two-year study also showed fewer "heavy users" and decreased use of marijuana, LSD and Ecstasy among 11th-graders. The California Student Survey was sponsored by the state attorney general's office, the Department of Alcohol and Drug Programs and the Department of Education. Jack O'Connell, state superintendent of public instruction, hailed the news as evidence that state programs aimed at changing behavior work.

PUBLIC SAFETY

DNA Profiling Of Parolees Upheld
http://www.sacbee.com/content/politics/story/10428732p-11348294c.html

Reversing its own previous position, the appeals court for the nation's Western region voted narrowly on Wednesday to uphold compulsory DNA profiling of federal parolees. The decision helps shore up the legal foundations of the FBI's CODIS database of more than 1.6 million DNA profiles culled from federal and state DNA collection programs. Praising the ruling, California Attorney General Bill Lockyer called the DNA network "crucial to match convicted felons to crime scene evidence and solve cases that were before deemed unsolvable." He said the state's DNA program obtains "more than one hit a day."

’Fitness Pay’ Adds To Prison Expense
http://www.mercurynews.com/mld/mercurynews/news/9439538.htm

Last year, prison guards received ``fitness pay'' worth $33.2 million -- nearly a sevenfold increase from 1999 -- even though they're no longer required to even take a physical fitness test, much less pass one. The guards' union proclaims its members walk the toughest beat in the state, but the cost of their contract has been under mounting scrutiny because the state is relying on borrowing billions to balance the books. Legislative critics complain about what they call overly generous salary provisions, and say that point is brought home by a close look at the fitness pay given to officers.

Toy Guns In Crosshairs
http://www.ocregister.com/ocr/2004/08/19/sections/region_state/region_state/article_207694

Assemblyman Todd Spitzer looked armed and dangerous at the Capitol on Wednesday, a rifle in one hand and a revolver in the other. But the menacing "guns" weren't real, and that was the point that Spitzer, a Republican from Orange, was trying to make. He was seeking support for SB 1858, a bill to prevent toy guns, BB guns and gun replicas from being mistaken for deadly weapons - with deadly consequences. "I wanted you to understand demonstrably that these weapons look real," Spitzer told startled members of the Assembly as he brandished air guns that resembled an M-60 assault rifle and a 9 mm Smith & Wesson semiautomatic.

3 Inmates Win State Fair Competition
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2004/08/19/BAGUL8AEHD1.DTL

Antonio Molinar and two of his classmates spent nearly 200 hours in the San Quentin prison machine shop crafting a brilliant brass medallion that is, as much as anything, a testament of hope. Carved with the words "Rehabilitation Through Education," it is a manifestation of their belief, and the belief of many experts, that prisoners can change their lives for the better. The intricately carved and hand-finished piece communicated that message clearly enough to win first prize at the California State Fair vocational school competition.

STATE POLITICS

License Bill Is Likely Headed To Veto
http://www.sacbee.com/content/politics/story/10428731p-11348295c.html

A driver's license bill for illegal immigrants, perhaps the most emotional issue facing Gov. Arnold Schwarzenegger as California's legislative session winds down, will likely land on his desk within days. Schwarzenegger has indicated he'll veto it unless the license "looks different" from other licenses for security reasons - an amendment supporters of the bill call a discriminatory "marker" that's unacceptable. With no apparent middle ground in view, the postmortem for SB 1160 by state Sen. Gil Cedillo is already taking shape.

Romero Irate Over Defeat Of Bill On Guards
http://www.latimes.com/news/local/la-me-prisons19aug19,1,379500.story?coll=la-headlines-california

Using unusually critical language, a state senator lashed out at the Assembly on Wednesday for rejecting a bill to aid prison officials investigating guards for alleged criminal activity. Sen. Gloria Romero (D-Los Angeles) accused 49 lawmakers of caving in to pressure from the California Correctional Peace Officers Assn., the guards' powerful union, and either voting no or abstaining when her bill was voted on Tuesday. "We will never correct the many problems at our state prisons until legislators develop a spine and do what is good for California, not what is good for their special interests," said Romero, who chairs a Senate special committee on prisons.

Observers – Arnold Settling Old Scores
http://www.oaklandtribune.com/Stories/0,1413,82%7E1865%7E2344871,00.html

Republican Gov. Arnold Schwarzenegger denies it but some lawmakers and analysts said Wednesday it's payback time for the Democratic Bay Area that snubbed him in the recall election -- and critics say his moves are also further pitting the north state against the south. At the 11th-hour of the legislative session, Schwarzenegger has suddenly set the stage for $4 or $5 bridge tolls by leaving the region to work out cost overruns on Bay Bridge work and is working to clear the way for a controversial Indian mega-casino that would make the East Bay the urban gambling capital of California.

Five New Indian Gaming Compacts Completed
http://www.signonsandiego.com/news/state/20040818-1744-cnscompacts.html

Five new Indian gambling agreements expected to be released Wednesday each promise the state up to 25 percent of gaming revenues, although little of the money will be seen for several years. The 25 percent threshold, however, matches the highest amount tribes have agreed to pay anywhere else in the nation and could prove lethal to a pair of gambling initiatives on the November ballot. The five compacts were signed Wednesday by leaders of the Ewiiaapaayp tribe of San Diego County, Buena Vista of Amador County, the Lytton Band of Santa Rosa, the Coyote Valley tribe of Mendocino County and the Ft. Mojave tribe of San Bernardino County.

Politicians Shocked By Casino Deal
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2004/08/19/BAG9O8AC731.DTL

Alarm spread quickly Wednesday over a pending agreement between the state and an Indian tribe that would create a huge casino in the heart of the Bay Area, with even the congressman whose legislation helped it along questioning the deal. From Washington to Sacramento, leaders were left with mouths agape by the scope of the compact to be announced today between Gov. Arnold Schwarzenegger and the Lytton Band of Pomo Indians, which will herald the likely development of a six- to eight-story casino with 5,000 slot machines in the center of San Pablo, less than a quarter mile from Interstate 80.

Vasconcellos Drops Teen Vote Effort
http://www.mercurynews.com/mld/mercurynews/news/politics/9439548.htm

Sixteen-year-old actress Hilary Duff, 12-year-old ``Kids for Kerry'' founder Ilana Wexler and millions of other teenagers are going to have to wait a little longer before they can become full-fledged members of America's political process. After a bruising battle, state Sen. John Vasconcellos has abandoned his efforts to lower the voting age for millions of Californians from 18 to 16. ``I'm satisfied that we cut an issue open internationally that will come to fruition in the next two to four years,'' Vasconcellos said Wednesday.

Bills Target Immigrant Consultants
http://www.fresnobee.com/local/story/9015741p-9911574c.html

One of two bills that would help head off immigration consultant fraud has received legislative approval and is on Gov. Schwarzenegger's desk. Assembly Bill 2189 would require bonding companies to notify local prosecutors when an immigration consultant's bond is canceled, expired or drops below a $50,000 minimum. Bonds are required by law and give defrauded clients a way to recover their losses. The Assembly gave the bill final approval Wednesday and sent it to the governor.

TRANSPORTATION

Span Blame Game Draws In Agencies
http://www.contracostatimes.com/mld/cctimes/news/local/9439834.htm

Gov. Schwarzenegger's plan to stick the Bay Area with $2.5 billion in Bay Bridge overruns fails to acknowledge that the state's miscalculation of the true costs, not the span's design, created much of the problem. Schwarzenegger's staff says the Bay Area's desire for a fancy signature span instead of a plain skyway is a major contributor to the fourfold cost increase on the new Bay Bridge. But Caltrans, a state agency under gubernatorial control, repeatedly missed the mark with its cost estimates that Bay Area decision-makers relied on in picking the bridge design.

BAKERSFIELD CALIFORNIAN EDITORIALS

Vote For A June Primary
http://www.bakersfield.com/opinion/editorial/story/4884573p-4938084c.html

As this election year shows, it is time to return the state's March presidential primary election to its traditional June date. Californians have to give up on the idea that we -- the largest state in the union -- can have a decisive influence on selecting presidential nominees with an early primary. Helping to decide the presidential race, yes; determining the nominees, no. You can't say California didn't give it a solid try.

CONTRA COSTA TIMES EDITORIALS

Taxes Go Sailing Away
http://www.contracostatimes.com/mld/cctimes/news/opinion/9439804.htm

The rich are different. Just because they have a lot of money, they seem to get more breaks than the rest of us ordinary folk. A tax loophole large enough to -- well -- sail a yacht through still exists thanks to the Legislature's refusal to offend their rich friends and benefactors. How do the rich get their tax break? New boat owners take custody of their high-end vessel (it has to cost more than $400,000) in international waters and sail it to a foreign country (Mexico is the favored destination). All they have to do is berth it there for three months; then owners can take their yacht to California -- and not pay a cent in taxes.

LOS ANGELES TIMES EDITORIALS

Test Of Commitment To Kids
http://www.latimes.com/news/opinion/editorials/la-ed-test19aug19,1,4928194.story?coll=la-news-comment-editorials

California schools' disappointing results on the latest batch of standardized tests might mean nothing — a statistical burp, bad weather during the testing period, a year of regathering, who knows? The underlying worry, of course, is that this is part of a pattern that haunts high-stakes standardized tests: The first year's scores are low. Then there are a couple of years in which the scores go up sharply as teachers learn how to teach their students what's on the test and administrators bring in a new program or two to help out. And then — flat-line.

Dirty Needles’ High Cost
http://www.latimes.com/news/opinion/editorials/la-ed-syringe19aug19,1,1623778.story?coll=la-news-comment-editorials
 
Each year, about 1,000 Californians become infected with HIV and 3,000 with hepatitis C after sharing dirty syringes. Untold numbers more are subsequently infected by these drug abusers, at an incalculable cost in lives and healthcare funds. The situation is not hopeless. This week, the state Assembly has a chance to prevent at least some new infections by passing a bill by Sen. John Vasconcellos (D-Santa Clara) that lets pharmacists sell up to 10 clean syringes without a prescription to people 18 or older.

ORANGE COUNTY REGISTER EDITORIALS

It’s Time To Revoke The State’s License
http://www.ocregister.com/ocr/2004/08/19/sections/commentary/article_207231

Gov. Schwarzenegger's California Performance Review task force has targeted the Contractors State License Board for elimination amidst perceptions that its investigative arm - which looks into complaints against contractors alleged to have done shoddy or substandard work - has a huge backlog and doesn't resolve cases very well. A recent Los Angeles Times story notes that the board takes an average of 169 days to conclude an investigation, 49 days longer than board guidelines recommend, and the board opens 20 percent fewer investigations than it did five years ago.

Two Bad Bills
http://www.ocregister.com/ocr/2004/08/19/sections/commentary/editorials/article_207229

Need more reasons California should go back to a part-time Legislature so there would be less time to cause mischief? Consider these two bills that are advancing in the Capitol in the last days before the Legislature must adjourn by Aug. 31.SB 1056 is by Sen. Richard Alarcon, D-Sun Valley. It's another attack on Wal-Mart and passed the Assembly on Aug. 16 and is expected to be heard in the Senate labor committee today. According to the legislative summary, "This bill requires a city, county, or city and county to prepare an economic impact report prior to approving or disapproving a proposed development project that would permit the construction of a superstore retailer. ... Authorizes a city, county, or city and county to complete additional studies on the effects of the construction and operation of a proposed superstore retailer."

SACRAMENTO BEE EDITORIALS

Government Of Laws
http://www.sacbee.com/content/opinion/story/10428798p-11348336c.html

Those who believe an existing state law is unconstitutional have a number of options. They can work with the Legislature to get the law changed. They can challenge the law in court in the hope of getting it overturned. They can defy the law and accept the consequences of that defiance. But local elected officials cannot legally decide, on their own, not to enforce laws they don't like. That's why the California Supreme Court came to the right conclusion about the mayor of San Francisco's refusal to enforce California's existing marriage laws.

Warning About Warming
http://www.sacbee.com/content/opinion/story/10428797p-11348332c.html

A Central Valley that feels more like Death Valley. A Sierra without much of its spring snow. A hot Napa Valley with unpalatable grapes. A California transformed, and not for the better. This is a stark new picture of the state a century from now, as unveiled by a team of researchers in the latest journal of the National Academy of Sciences. This is California's future based on a continuation of today's head-in-the-sand political waffling at the national level over global warming The researchers chose California for this detailed study for two reasons. Our climate here is varied and interesting.

SAN DIEGO UNION TRIBUNE EDITORIALS

Shirking Obligations – Charade Of Unfunded Mandates Must End Now
http://www.signonsandiego.com/news/op-ed/editorial1/20040819-9999-lz1ed19top.html

Here's a depressing tale of your government at work: To address the needs of students with learning disabilities or mental health problems, Congress passed a law requiring school districts to give each troubled child a special education, specifically tailored to his or her own requirements. Every year Washington provides schools with a little bit of money to pay for this expensive mandate, but not nearly enough to cover the full cost.

Cutting Class – Truant UC Regents Should Just Drop Out
http://www.signonsandiego.com/news/op-ed/editorial2/20040819-9999-lz1ed19bottom.html

Are a few recalcitrant regents of the University of California going to force the installation of a time clock at the door of their board and committee meetings? There's a thought to make university officials howl. But why are they not howling at those few board members who are chronically absent from their assigned meetings? Why are they instead thinking up ways to keep the public from knowing which regents take their duties seriously and which do not? Haim Saban, for instance, is a Los Angeles entertainment tycoon who missed 84 percent of his committee meetings and all of the board meetings in school year 2002-03.

SAN JOSE MERCURY NEWS EDITORIALS

Give Illegal Immigrants Licenses – With A Difference
http://www.mercurynews.com/mld/mercurynews/news/opinion/9439588.htm

The perennial issue of whether to grant driver's licenses to illegal immigrants appears headed for another stalemate. That's unfortunate and unnecessary; immigrant families, caught in the tug between Republican conservatives and liberal pro-immigration Democrats, will bear the consequences of inaction. It's time for compromise. Gov. Arnold Schwarzenegger has offered one: a driver's license that looks different from a regular one. Sen. Gil Cedillo, the Los Angeles Democrat who has led the crusade for a driver's license bill, should accept it.

San Pablo Casino – Going To Far In The Right Direction
http://www.mercurynews.com/mld/mercurynews/news/opinion/9439589.htm

Gov. Arnold Schwarzenegger has no way to block the state's first urban Indian casino, in the East Bay city of San Pablo. But he doesn't have to approve a gambling behemoth with more slot machines than all but two other casinos in the country. Schwarzenegger is expected to announce shortly a new set of compacts with Indian tribes that will permit at least five new casinos. The one in San Pablo will be the first in an urban setting; most tribal land is rural. If the news leaks prove true, the casino will be a huge one, with 5,000 slot machines.

STOCKTON RECORD EDITORIALS

Secretary Of State Must Clear His Name
http://www.recordnet.com/daily/news/articles/081904-e-2.php

California Secretary of State Kevin Shelley is the state's chief elections officer. Shelley has responsibility for voter registration, ballot pamphlet preparation and county-by-county voting machinery. His job is to ensure fair and accurate elections. The secretary of state's integrity must be above reproach and his conduct should be a model for all Californians -- particularly its elected representatives. Things aren't going too well for Kevin Shelley these days.