This publication contains digests of bills for the legislative period from December 7, 1998 through September 10, 1999. This summary includes all bills of consequence, which have been chaptered or vetoed, as well as those bills which are now considered to be two-year bills. An asterisk (*) following the bill number indicates that the bill is an urgency measure or a tax levy.
Following is an overview of the major legislative actions for this session, presented by issue area and enacted into law.
For the first time in six years, the Governor accomplished signing of the State Budget, SB 160 (Peace), before the July 1st deadline. The Senate passed the Budget bill on the day of the legislative deadline for its submittal to the Governor, and the Assembly passed the Budget bill the following day. This Budget encompassed an $81.3 billion spending plan, and of that amount, the Governor item-vetoed approximately $581 million.
The following bills were the Budget Trailer bills, which made the necessary statutory changes to implement parts of the Budget:
- SB 434 (Johnston) Charter Schools
- SB 688 (Burton) Vehicle License Fee Reduction for Commercial Trucks
- SB 705 (Sher) Research and Development Tax Credit
- SB 708 (Senate Budget Committee) Health/Social Services
- SB 709 (Senate Budget Committee) Water Resources Cleanup Bill to AB 1104
- SB 710 (Burton) In-Home Supportive Services Cleanup Bill to AB 1682
- SB 711 (Burton) General Government Revisions to AB 1660
- AB 10 (Correa) Minimum Franchise Tax Relief
- AB 1102 (Jackson) Environmental Protection
- AB 1103 (Lempert) Natural Resources
- AB 1104 (Migden) State Water Resources Control Board
- AB 1105 (Jackson) General Government
- AB 1107 (Cedillo) Healthcare
- AB 1111 (Aroner) Social Services
- AB 1113 (Florez) School Safety
- AB 1114 (Steinberg) Education: Pay for Performance
- AB 1115 (Strom-Martin) Omnibus Education Bill
- AB 1116 (Ducheny) Education: English Language Acquisition
- AB 1117 (Calderon) Education: Beginning Teacher Salaries
- AB 1118 (Reyes) Higher Education Fee Reduction
- AB 1120 (Havice) Capital gains on small business stock tax relief
- AB 1121 (Nakano) Vehicle License Fee Reduction
- AB 1289 (Baugh) Health Insurance Premiums for the Self-Employed Tax Relief
- AB 1535 (Florez) New Prison Construction
- AB 1660 (Shelley) General Government
- AB 1661 (Torlakson) Local Government Relief
- AB 1662 (Leonard) Local Government Relief: Booking Fees
- AB 1682 (Honda) In-Home Supportive Services.
Two Other Trailer Bills, AB 907 (Alquist) Relating to County Offices of Education Equalization and AB 1112 (Wright) Relating to Parole Programs were Vetoed by the Governor.
In response to various incidents where assault weapons have been used in tragic shootings (i.e. San Francisco high rise shooting, and most recently the Columbine High School shooting in Colorado), the Legislature passed and the Governor signed the following "gun control" measures:
- SB 15 (Polanco) requires handguns to have safety devices and pass safety tests
- SB 23 (Perata) provides for generic definition in prohibiting manufacture, sale, or possession of assault weapons
- SB 130 (Hayden) and AB 106 (Scott) require handguns to have a trigger lock
- AB 202 (Knox) limits the number of handguns an individual can purchase to one per month
- AB 295 (Corbett) provides more regulation relative to gun shows.
In response to the growing concern over access to affordable health care and the improvement of health care delivery, the Governor signed the following, including the creation of a new Department of Managed Care to regulate health maintenance organizations rather than the Department of Corporations:
- SB 5 (Rainey) Health Care Benefits: Breast Cancer Services
- SB 19 (Figueroa) Confidentiality of Medical Records
- SB 21 (Figueroa) Health Care Service Plans: Duty of Care
- SB 41 (Speier) and AB 39 (Hertzberg) Health Care: Contraceptive Coverage
- SB 59 (Perata) Health Care Coverage Disclosure
- SB 64 (Solis) Health Insurance: Diabetes
- SB 148 (Alpert) Health Care Coverage: Phenylketonuria
- SB 189 (Schiff) Health Care Coverage: Grievances and Independent Medical Review
- SB 260 (Speier) Health Care Coverage: Risk Bearing Organizations
- SB 349 (Figueroa) Emergency Services and Care
- SB 559 (Brulte) Health Care Providers: Preferred Rates
- AB 12 (Davis) Health Care Coverage: Second Opinions
- AB 55 (Migden) Health Care Coverage: Independent Medical Review
- AB 78 (Gallegos) Creates Department of Managed Care
- AB 88 (Thomson) Health Care Coverage: Mental Illness
- AB 215 (Soto) Health Care Coverage
- AB 285 (Corbett) Health Care Coverage: Medical Advice
- AB 416 (Machado) Personal Information Disclosure
- AB 892 (Alquist) Health Care Services: Hospice Care
- AB 1107 (Cedillo) Healthy Families Program.
Also SB 475 (Dunn) requires that a consumer rate guide for long-term care insurance be developed and SB 870 (Vasconcellos) makes reforms to the long-term care insurance law. AB 1107 (Cedillo) and AB 1289 (Baugh) conforms state tax law relative to self-employed health insurance cost deduction with the federal deduction.
Child Support Reform:
In a response to improve the child support collection process, the Legislature passed and the Governor signed a package of bills restructuring the child support enforcement system by improving local accountability, creating a single state- wide support automation system, and making the Franchise Tax Board responsible for collection of delinquent child support payments -- all under the responsibility of a new State Department of Child Support Service: SB 240 (Speier), SB 542 (Burton), AB 150 (Aroner), and AB 196 (Kuehl).
Education Reform - Special Session:
Governor Gray Davis, in one of his first actions as the new Governor called a special session to address various educational issues which were important in his gubernatorial campaign: School Accountability, Reading Skills, Proficiency Testing, and Teacher Quality. The Legislature passed and the Governor signed the following: SB 1x (Alpert), SB 2x (O'Connell), AB 1x (Villaraigosa), and AB 2x (Mazzoni).
SB 366 (Alpert) makes various changes in the Standardized Testing and Reporting school testing program to simplify and improve test administration to make the process more efficient.
The following were passed and chaptered, making various revisions to charter schools:
- SB 267 (Lewis) increases the amount of charter school revolving fund loans from $50,000 to $250,000
- SB 434 (Johnston) requires charter schools to offer same number of instructional minutes as regular schools, comply with state laws relative to independent study, and certify that charter school pupils have participated in state testing
- AB 631 (Migden) allows charter schools to designate themselves as public school employers.
A number of bills were passed by the Legislature and signed by the Governor relative to the English (limited English proficient students) issue: SB 395 (Hughes), SB 638 (Alpert), AB 56 (Mazzoni), AB 1659 (Ducheny), AB 1115 (Strom-Martin), and AB 1116 (Ducheny).
Education - Parental Involvement:
A new Parental Involvement Grant Program was set up by AB 1115 (Strom-Martin) the Omnibus Education Trailer Bill and was replaced by three new grant programs in AB 33 (Soto) -- The Nell Soto Parent/Teacher Involvement Grant, Teresa P. Hughes Family-School Partnership Award and Grant Program. and Tom Hayden Community and Parent Involvement Grant.
Environmental Safe School Facilities and Sites:
In response to toxic contamination and health problems found at various school sites and facilities, the Legislature passed legislation to improve environmental safety on California school sites and achieve healthy environmental conditions at schools - SB 162 (Escutia) and AB 387 (Wildman).
School Safety Element:
In light of various incidents throughout the country where students have shot and killed other students and school faculty on campus, the Legislature passed and the Governor signed the following legislation concerning violence prevention and school safety bills: SB 334 (Alpert), SB 355 (Hughes), SB 570 (Alarcon), SB 711 (Burton), AB 457 (Scott), AB 537 (Kuehl), AB 566 (Havice), AB 646 (Bates), AB 1113 (Florez), and AB 1136 (Strom-Martin).
AB 15 (Gallegos) was passed and signed to require all school buses manufactured for purchase or leased for use in California after January 1, 2002 to be equipped with lap/shoulder seatbelts unless prohibited by National Highway Transportation Safety Administration.
The following was passed and signed relative to higher education issues:
- SB 645 (Burton) requires the implementation of a mandatory fair share or agency shop fee for all employees of the University of California and California State University
- SB 733 (Poochigian) establishes the Kenneth L. Maddy Institute for leadership in government training
- SB 1279 (Polanco) expands the Higher Education Employer - Employee Act to cover University of California and California State University out-of-state employees who are working at institutions with more than 100 employees
- AB 213 (Romero) adds an additional student representative to the California State University Board of Trustees
- AB 420 (Wildman) makes a variety of enhancements to compensation and benefits for community college faculty
- AB 1118 (Reyes) reduces undergraduate fees for college students by 5% and expands the Assumption Program of Loans for Education program.
Sexual Orientation/Domestic Partners Anti-Discrimination:
The Legislature passed and the Governor signed legislation providing for a number of protections for domestic partners and discrimination against sexual orientation:
- AB 26 (Migden) specifies the legal effect of domestic partnerships
- AB 537 (Kuehl) prohibits a student from being subjected to discrimination on the basis of sexual orientation
- AB 1001 (Villaraigosa) makes it unlawful to discriminate against anyone in employment or housing based on the person's sexual orientation
- AB 208 (Knox) provides a penalty of life without parole for intentional first degree murder of a person because of their sexual orientation.
The Governor was successful in signing compact agreements with 60 tribal nations after the California Supreme Court ruled that Proposition 5 of 1998 was unconstitutional. Proposition 5 would have allowed gambling on California tribal lands subject to various conditions. The Court stated that Proposition 5 violated the provision of the State Constitution that prohibits Nevada and New Jersey style gambling. The new compacts are valid only if the voters pass SCA 11 (Burton) which allows the Governor to negotiate such gaming compacts subject to ratification by the Legislature. AB 1385 (Battin) like SCA 11 designates the Governor as the state officer responsible for negotiating tribal-state gaming compacts and provides for legislative ratification of any such compact.
During the 1997-98 legislative session a comprehensive program that addressed the state's flooding problems was discussed, and in 1998 various groups came together on issues relating to safe drinking funding, watershed management, nonpoint source control, water recycling, water conservation, and various Cal-FED programs. In 1999 that a comprehensive bond act was devised which passed the Legislature and was signed by the Governor -- AB 1584 (Machado and Costa). A related bond bill, AB 18 (Villaraigosa), was passed and signed providing funding for river, parkway, land conservation and protection of coastal areas, watersheds, and wetland. Both must be passed by the voters at the March 2000 primary election to become operative.
Other major water legislation was:
- SB 223 (Kelley), allowing the Salton Sea Authority to form the Salton Sea Infrastructure Financing District
- SB 496 (Sher) designating the South Yuba River as a Wild and Scenic Waterway. A companion measure to SB 496, AB 1593 (Villaraigosa) delays its designation until January 1, 2001
- SB 216 (Solis) and AB 1355 (Havice) establish the San Gabriel River and lower Los Angeles Rivers and Mountains Conservancy. SB 520 (Johnson) requires the Metropolitan Water District to submit a report which includes a description of complaints against the district
- AB 703 (Lempert) establishes a general ballast water management program
- AB 1104 (Migden) and SB 709 (Senate Budget Committee) provide for a $3,000 minimum penalty for discharges.
The last major parks and natural resources financing program was approved in the 1980's. After intense negotiations between the Senate and Assembly leadership a compromise was reached enacting the $2.1 billion Safe Neighborhood Parks, Clean Water, Clear Air and Coastal Protection Bond Act -- AB 18 (Villaraigosa). SB 1147 (Leslie) makes various modifications to the bond act.
Year 2000 Compliance:
The 2000 Year problem stems from the tradition of computer systems that have been programmed to identify a year by using only its last two digits. This practice was started in the early days of computing in order to conserve disk space. In the year 2000, the OO date could be interpreted as either 1900 or 2000, resulting in possible miscalculations. On February 17, 1999, the Governor issued an executive order which declared solutions to the Y2K Problem as the state's top technology priority. The Legislature passed and the Governor signed the following bills:
- SB 317 (Leslie) requires financial institutions to reimburse consumers for any charges imposed as a result of Y2K problems experienced by the financial institutions
- AB 724 (Dutra) makes various changes and additions to current state practices and policy in anticipation of potential year 2000 problem impacts on state governmental operations
- AB 1476 (Dutra-D) prohibits state agencies from imposing fines, penalties, or late fees on small businesses for violating any noncriminal statutes, rules or regulations as a result of a Y2K problem experienced by the business.
In response to the Industrial Welfare Commission's Order of 1997 eliminating the 8-hour day, the Legislature passed and the Governor signed AB 60 (Knox) establishing a statutory framework for daily overtime compensation.
Other labor legislation passed and chaptered included:
- SB 16 (Burton) which establishes in statute the method of determining prevailing wages on public works projects
- SB 26 (Escutia) enhances the anti discrimination protections for older workers
- SB 56 (Solis) allows victims of domestic violence to take time off to appear in court to obtain a civil restraining order or legal protection to ensure their health and safety
- SB 211 (Solis) provides an employee identified on the Federal W-2 form is the employer for purposes of enforcement of California Fair Employment and Housing Act
- SB 656 (Solis) increases weekly state disability insurance benefits
- SB 1011 (Polanco) increases to 26 weeks the Unemployment Insurance benefits to individuals affected by the 1998-99 winter freeze
- AB 109 (Knox) expands the use of sick leave
- AB 519 (Aroner) enhances sexual harassment provisions in the Unruh Civil Rights Act in areas of professional and business relationships
- AB 633 (Steinberg) makes changes in garment manufacturing laws and the manufacturer registration and wage collection process
- AB 1127 (Steinberg) increases Cal-OSHA civil and criminal violation penalties
- AB 1268 (Kuehl) enacts similar provisions contained in federal law relative to liability and remedies available in disputes which arise out of labor conflicts
- AB 1655 (Hertzberg) requires Cal-OSHA to report on the nature and extent of investigations conducted by Cal-OSHA on the procedure for granting a variance from a safety and health standard order
- AB 1689 (Floyd) clarifies the labor commissioner's role with respect to recovery of lost wages on behalf of employees who have been improperly disciplined for lawful activities occurring off the job.
The Legislature passed and the Governor signed the following economic development legislation:
- SB 84 (Costa) expands enterprise zones
- SB 207 (Peace) allows establishment of an Infrastructure Financing District along the California-Mexico border
- SB 213 (Polanco) establishes Mexican-American Trade Centers at Community colleges
- SB 319 (Burton) extends the sunset date on multi-agency Joint Enforcement Strike Force on the Underground Economy
- SB 481 (Baca) provides for a study for an Inland Empire Distribution Center
- SB 485 (Rainey) allows public agencies with power to transact any business or exercise any powers of an Industrial Development Authority
- SB 653 (Karnette) provides a program to re-industrialize the Alameda Corridor area of the state
- SB 661 (Alarcon) provides for a program to start a secondary market for economic development loans
- AB 61 (Cardoza) provides for the establishment of a Rural Export Development program
- AB 180 (Havice) provides for a statewide alliance of public-private trade development organizations
- AB 1240 (Ashburn) provides for a California Central Valley International Trade Center
- AB 1464 (Florez) creates a California Rural Development Council
- AB 1616 (Havice) provides for a study on incentives offered by other states to attract or retain businesses.
The Legislature passed and the Governor signed the following major consumer-oriented legislation:
- SB 185 (Peace) prohibits business from using words that refer to a person's marital status as part of the mailing address on an envelope
- SB 187 (Hughes) provides for protections relative to home improvement contracts
- SB 313 (Solis) limits consumer liability for unauthorized debit card charges to a maximum of $50
- SB 419 (Speier) requires statewide monthly retail milk price surveys
- SB 545 (Dunn) provides for disclosures regarding checks issued by credit issuers
- SB 926 (Speier) prohibits supermarkets from requesting or requiring a customer to provide a driver's license number or social security number to obtain a supermarket club card unless the card is also a check cashing card
- SB 930 (Hughes) provides for additional notice to credit card holders
- SB 1131 (Burton) provides for investigation of gasoline pricing practices and review of company mergers
- AB 531 (Soto) requires service stations to provide free air and water, under specified conditions, and notification to customers of clean restroom facilities
- AB 758 (Thomson) provides that prevailing plaintiffs are entitled to recover court costs and reasonable attorney fees for violations of the Consumer Credit Reporting Agencies Act
- AB 802 (Dutra) requires insurance policies to disclose finance charges
- AB 1079 (Robert Pacheco) expands regulation and penalties governing immigration consultants
- AB 1290 (Davis) revises the Lemon Law which applies to auto warranties
- AB 1520 (Leach) enacts the Bunk Bed Safety Act
- AB 1595 (Migden) provides health warning labels for cigars
- AB 648 (Strickland) which became law without the Governor's signature, revises contracts concerning dance studios.
Attempts were made to provide access affordable auto insurance for low income individuals. The Legislature passed and the Governor signed the following legislation creating pilot projects for affordable insurance in Los Angeles County, SB 171 (Escutia), and in San Francisco, SB 527 (Speier) and AB 1432 (Oller) allowing an insurer premium tax credit equal to the amount that would be due on premiums paid by previously uninsured motorists who participate in either of these two pilot projects. Also enacted were the following:
- SB 363 (Figueroa) requires auto insurance policies to cover the replacement of child safety seats involved in accidents
- SB 652 (Speier) deletes the sunset date on the requirement that a person show proof of insurance or obtain financial responsibility when renewing the registration of a vehicle
- SB 1237 (Escutia) creates a qualified right for a third party to bring an action for bad faith against an insurer for unfair claims practices and AB 1309 (Scott) makes clarifying changes to SB 1237
- SB 1296 (Polanco) prohibits the nonrenewal of insurance on grounds that a claim is pending under the policy
- AB 1050 (Wright) increases funding for and imposes additional requirements related to prevention of auto insurance fraud
- SB 940 (Speier) levies an additional fee on each auto insurance policy to fund enhanced anti-fraud activities and to fund consumer protection activities.
In response to various accidents that have occurred at permanent amusement ride parks (i.e Disneyland and Marine World) the Legislature passed and the Governor signed AB 850 (Torlakson) to regulate the ride safety at these parks. The regulations are intended to be consistent with regulations that have been adopted for traveling amusement rides.
The following are the major pieces of environmental legislation passed by the Legislature and signed by the Governor:
- SB 25 (Escutia) creates a Children's Environmental Health Center within the Cal-EPA
- SB 98 (Alarcon) requires the South Coast Air Quality Management District to establish an Office of Technology Advancement to administer the clean burning fuels program
- SB 115 (Solis) establishes the Governor's Office of Planning and Research as the lead agency in state government for environmental justice programs
- SB 117 (Murray) and AB 1383 (Thompson) revises the Environmental Enhancement and Mitigation programs
- SB 162 (Escutia) prohibits the governing board of a school district from approving acquisition or construction of school sites unless specified environmental assessments are conducted
- SB 496 (Sher) and AB 1593 (Villaraigosa) provides for designation of parts of South Yuba River as a Wild and Scenic River as of January 1, 2001
- SB 826 (Sher) revises and expands the types of clean air program which could be funded by the Bay Area Air Quality Management District with revenue from the current $4 vehicle registration fee surcharge
- SB 1055 (Bowen) allows the California Integrated Waste Management Board to enter property on which waste tires are illegally stored, for purpose of cleanup and abatement
- AB 64 (Ducheny) establishes the California Public Beach Restoration Act
- AB 387 (Wildman) provides funding as specified for the cost of the evaluation of hazardous materials at a site to be acquired by a school district and response costs of removal of hazardous waste
- AB 492 (Wayne) ensures permanent preservation of public access rights along the coast
- AB 560 (Oller) allows the State Department of Fish and Game to remove or take any mountain lion that is perceived by the department to be an imminent threat to the survival of specified sheep species
- AB 1102 (Jackson) defines the duties of the Deputy Secretary for Enforcement and Deputy Secretary for External Affairs in Cal-EPA and provides for the establishment of Permit Assistance Centers and environmental management system pilot projects.
The Legislature passed and the Governor signed SB 1 (Sher) which extended the Beverage Container Recycling program for one year and SB 332 (Sher) and AB 1244 (Olberg) which make substantial changes to the program.
State Superfund Law:
The Legislature passed and the Governor signed SB 47 (Sher) which reenacts the operational parts of the State's Superfund Law to continue the cleanup of toxic areas in the state.
In response to a crash of a van which killed 13 Fresno County farm workers, the Legislature passed and the Governor signed:
- AB 555 (Reyes) and AB 1165 (Florez) which are aimed at improving the safety of traveling farm workers
- SB 805 (McPherson) which provides assistance for the first two-weeks of a farm labor center's operation
- SB 1303 (Solis) which provides unemployment insurance relief to farm workers affected by the 1998-99 winter freeze
- AB 1505 (Ducheny) which requires local general plans' housing elements to identify adequate sites with public services and facilities for housing for agricultural employees to meet the city or county's regional share of farmworker housing.
In response to the red imported fire ant problem in Southern California, the Legislature and the Governor enacted SB 204 (Lewis) to fund the eradication of this pest, and AB 1232 (Assembly Agriculture Committee) which provides funding for Pierce Disease research to assist the viticulture industry.
The following agriculture legislation was enacted:
- SB 649 (Costa) increases the amount to be paid with respect to land subject to a farmland security zone contract or for which a notice of nonrenewal was served in a county that has adopted farmland security zones
- SB 831 (Baca) allows for automatic approval of specified land transfers (i.e. Williamson Act contracted land to be rescinded while placing other land under a conservation easement) between landowner and multiple cities and counties
- SB 985 (Johnston) specifies how the term "recreational use" is defined under the Williamson Act
- SB 1014 (Poochigian) defines "new plantings" for purposes of eligibility for tax exemptions to include fruit or nut trees severely damaged by the December 1998 freeze
- AB 114 (Florez) provides income and property tax relief for those who were affected by the December 1998 freeze
- AB 1251 (Assembly Agricultural Committee) requires the State Veterinarian, instead of the Director of Food and Agriculture, to impose a quarantine upon a population of domestic animals or food products from animals
- AB 1258 (Strom-Martin) provides for regulation of agricultural homestays
- AB 1645 (Assembly Agricultural Committee) requires the Department of Education to establish a non-mandatory agricultural education program for K-12 pupils.
MTBE (Methyl Tertiary Butyl Ether):
The Governor provided for an executive order calling for the state to interact with federal agencies to facilitate elimination of MTBE from the fuel supply and sets a date for removal of MTBE gasoline. The Legislature passed and the Governor signed SB 989 (Sher) which requires development of a timetable eliminating the use of MTBE in motor vehicle fuel at the earliest possible date and SB 1001 (Burton) which requires the Energy Commission to submit quarterly reports summarizing the amount of MTBE used in gasoline in the state by each refinery during preceding quarter. The State Senate passed SR 20 (Mountjoy) urging the California Attorney General to seek revenue sufficient to remediate MTBE contamination caused by continued use of MTBE, if the complaint filed by Methanex under NAFTA causes MTBE to remain in use in California beyond December 31, 2002.
In 1998, the State Bar disciplinary function went into hiatus due to a lack of funding. The State Supreme Court provided for a special $173 assessment to fund the Bar's disciplinary program. The Legislature passed and the Governor signed SB 143 (Burton) and SB 144 (Schiff) which made various reforms in the State Bar disciplinary procedures, increased the membership dues and allowed members to deduct $5 to be used by the State Bar to lobby on legislation.
In response to murders in Wyoming and in Redding, the Legislature passed AB 208 (Knox) providing for penalty of life without parole for the intentional first-degree murder of a person because of their actual or perceived disability, gender, or sexual orientation. As a response to the arson burnings of Jewish synagogues in the Sacramento area, legislation was enacted to provide funding for a California Unity Center -- AB 1163 (Steinberg).
Other Public Safety Legislation:
The following bills are some important public safety legislation enacted:
- SB 6 (Rainey) allows an increase in the age at which local law enforcement would be required to broadcast a missing person bulletin from under age 12 to under age 16
- SB 11 (Schiff) makes revisions in sexual predator law
- SB 69 (Murray) and AB 501 (Nakano) provide for continuance of trials where the prosecutor has another hearing in progress
- SB 103 (Johannessen) enacts Cody's Law increasing penalties concerning dog bites which cause substantial physical injury
- SB 139 (Johnson) makes a person who conceals an accidental death guilty of a misdemeanor
- SB 157 (Johnston) extends the sunset on the High Technology Theft Apprehension and Prosecution Program
- SB 199 (Polanco) enacts the Lance Helms Law of Confidentiality to allow divulgence of certain aspects of a juvenile's record if that minor dies while in custody or as a ward of the court
- SB 218 (Solis) enhances the improvement of domestic violence protective orders
- SB 279 (Dunn) ensures mental health treatment of all previously eligible mentally disordered offenders
- SB 334 (Alpert) enacts the No More Victims Violence Prevention and School Safety 2000 Strategy by revising the Arnold-Kennick Juvenile Court Law
- SB 341 (Figueroa) expands the penalties for failure to register as a sex offender
- SB 525 (Polanco) enhances the gathering of information regarding child deaths from abuse or neglect
- SB 555 (Karnette) clarifies law regarding registration of arson offenders
- SB 563 (Speier) expands the list of specified domestic violence victims to include former spouses
- SB 674 (Ortiz) makes the statute of limitations for childhood sexual abuse cases against third parties retroactive
- SB 681 (Speier) enhances the safety of roadways in cases of vehicle accidents
- SB 747 (Burton) enhances peace officer training assessments
- SB 786 (Schiff) clarifies the issue of prior convictions in determining punishment
- SB 868 (Wright) strengthens the laws concerning the Office of Inspector General
- SB 1126 (Costa) makes permanent and expands the videoconferencing arraignment pilot project for inmates who commit crimes in state prisons
- SB 1199 (Schiff) provides notification of parole releases in child abuse cases
- SB 1275 (Schiff) requires a convicted sex offender to report employment information to law enforcement.
Assembly measures include the following:
- AB 59 (Cedillo) allows the issuance of protective orders in cases of elder abuse
- AB 140 (Hertzberg) enacts the Hertzberg-Alarcon California Prevention of Terrorism Act to control weapons of mass destruction
- AB 157 (Reyes) establishes the Rural Crime Prevention Demonstration Project
- AB 221 (Wildman) and AB 293 (Wesson) provide penalties for misuse of laser pointers
- AB 243 (Wildman) regulates bounty hunters
- AB 313 (Zettel) provides for sentence enhancements for crimes against vulnerable victims
- AB 381 (Cardoza) adds the offense of false imprisonment to the definition of a serious felony for purposes of prohibiting plea bargaining
- AB 403 (Romero) provides domestic violence victims with one free copy of a domestic incident report
- AB 451 (Maddox) expands the ability of law enforcement officials to seek forfeiture of computer equipment used in the commission of crimes
- AB 528 (Zettel) creates new hearsay exception in cases involving elder and dependent adult abuse
- AB 637 (Migden) adds community restoration and victim restoration to stated objectives of the State Department of Youth Authority
- AB 739 (Pescetti) limits exemption from elder and adult abuse reporting requirements to a registered nurse, physician or psychotherapist, who in the exercise of clinical judgment, reasonably believes that the alleged abuse did not occur
- AB 744 (McClintock) allows a minor to file a petition for a finding of factual innocence, under specific circumstances, which would result in the sealing and destruction of arrest or citation records
- AB 825 (Keeley) provides for adopting standard forms for anti-harassment and domestic violence protective orders
- AB 925 (Hertzberg) requires all private professional conservators and guardians to register in a statewide registry to be maintained by the State Department of Justice
- AB 1188 (Runner) prohibits commercial manufacturing and sale of "undetectable" knives
- AB 1284 (Jackson) prohibits bail under specified conditions where individuals are charged with felony intimidation of witnesses and are making terrorist threats
- AB 1391 (Hertzberg) enacts the Hertzberg-Polanco Crime Laboratories Construction Bond Act providing for a $200 million General Obligation bond for forensic labs
- AB 1499 (Lowenthal) requires staff in nursing homes and non-medical community care facilities to be trained to recognize and report abuse
- AB 1535 (Florez) allows construction of Delano II state prison
- AB 1540 (Vincent) expands the law prohibiting the abandonment of domestic dogs and cats to prohibiting abandoning any animal
- AB 1574 (Corbett) expands the felony murder rule to include torture
- AB 1586 (Florez) allows a peace officer to forbid a public agency to post his or her photograph on the Internet.
In response to public employees' salary compensation increases granted by various memorandum of understandings made last year and early in 1999, SB 1257 (Burton) was enacted to appropriate the necessary funding. SB 339 (Burton) provides $601 million for state employee compensation and state employer's health benefit costs as provided for in the 1999-2000 State Budget.
The following bills were enacted to ratify memorandum of understandings between the state and public employee organizations: SB 108 (Ortiz), SB 399 (Ortiz), SB 401 (Karnette), SB 615 (Burton), SB 1273 (Burton), AB 139 (Havice), AB 743 (Keeley), AB 839 (Maldonado), AB 1013 (Scott), AB 1488 (Machado), and AB 1639 (Assembly Public Employment Committee).
SB 400 (Ortiz) enhances state employee retirement by creating a new retirement formula and increasing benefits for employees who retired prior to 1998, and SB 951 (Hayden) and AB 1412 (Wildman) enhance protection to state employees disclosing improper activities.
Public Health Issues:
In addition to the health insurance legislation enacted, the following health legislation was approved:
- SB 97 (Burton) prohibits health facilities from discriminating against a patient or employee who files a grievance
- SB 308 (Escutia) repeals the sunset date on the $5 renewal fee for registered nurses
- SB 493 (Figueroa) authorizes a tax check off for birth defects research
- SB 710 (Burton) and AB 1682 (Honda) make reforms to the In-Home Supportive Services Program
- SB 741 (Alpert) adds chickenpox to the list of diseases for which children need to be immunized before being admitted to school
- SB 847 (Vasconcellos) establishes a three-year period of research on marijuana as a therapeutic drug
- SB 910 (Vasconcellos) the requires the University of California to compile information on California's aging society
- SB 836 (Figueroa) expands prohibition against fraudulent advertising by health care professionals
- SB 911 (Figueroa) provides qualified immunity from civil liability for persons who are trained and use automated external defibrillators in rendering emergency care
- SB 1009 (Ortiz) revises procedures for administration of the Cancer Research Fund
- SB 1082 (Ortiz) provides for the disclosure of financial information and additional state oversight to residents of continuing care retirement communities
- SB 1115 (Chesbro) provides for lyme disease information availability
- AB 27 (Nakano) provides for development of a long-term care infrastructure blueprint
- AB 63 (Ducheny) creates the Office of Binational Border Health
- AB 136 ( Mazzoni) exempts from criminal prosecution public entities and their agents and employees who distribute hypodermic needles or syringes to participants in clean needle and syringe projects
- AB 160 (Alquist) extends the income tax check off for Alzheimers Disease research
- AB 161 (Alquist) establishes the California Osteoporosis Prevention and Education Program
- AB 271 (Gallegos) requires malpractice insurance coverage for physicians performing surgery outside of acute care facilities
- AB 282 (Torlakson) modifies eligibility for the Cal-Mortgage health facility loan program
- AB 394 (Kuehl) provides for a nurse-to-patient ratio for general acute hospitals
- AB 689 (Gallegos) provides for a $15 million breast cancer early detection program
- AB 791 (Thomson) requires that educational curriculum for physician and surgeons include courses on pain management and end-of-life care
- AB 844 (Thomson) allows the California Health Facilities Financing Authority to loan participating health institutions funds for working capital or refinancing of indebtedness
- AB 1107 (Cedillo) is the Health Care Budget Trailer Omnibus bill
- AB 1111 (Aroner) is the Social Services Budget Trailer Omnibus bill
- AB 1258 (Strom-Martin) provides for the regulation of agricultural homestay establishments
- AB 1492 (Thomson) expands and extends the sunset on the Traumatic Brain Injury Project
- AB 1545 (Correa) allows licensed nurse practitioners and physician assistants to prescribe and dispense prescription drugs under specified conditions
- AB 1459 (Cardoza) formulates a new inspection program relative to the food processing industry
- AB 1558 (Wildman) requires doctors who collect biological specimens for clinical testing to place them in a locked container when placed in a public location
- AB 1697 (Assembly Aging Committee) extends the sunset date for the income tax checkoff for senior citizens.
Transportation legislation of interest that was enacted is as follows:
- SB 97 (Murray) and AB 1383 (Thompson) expand the Environmental Enhancement and Mitigation Program for the state highway system
- SB 155 (Knight) extends the date of the Safety Enhancement-Double Fine Zones Law
- SB 364 (Perata) extends the deadline for the completion of the final list of projects under the State-Local Transportation Partnership Program
- SB 441 (Chesbro) regulates motorized scooters
- SB 928 (Burton) establishes a process for use of federal highway grant anticipation notes for designated transportation projects
- SB 1131 (Burton) provides for the investigation of the motor vehicle industry relative to pricing of gasoline and the reviewing of mergers in the industry
- AB 74 (Strom-Martin) provides for the development of a State Rail Freight Plan
- AB 1012 (Torlakson) streamlines the process for project delivery within the State Department of Transportation
- AB 1041 (Strickland) requires State Department of Motor Vehicles to issue a special license plate for the Ronald Reagan Presidential Foundation
- AB 1206 (Wesson) provides for the licensing of roadway construction personnel
- AB 1471 (Havice) prohibits the reinstallation of a previously deployed airbag.
Note: The issue of transportation infrastructure funding is awaiting continued negotiations in year 2000. SB 315 (Burton) is in conference to be used as vehicle for this issue.
The Legislature and the Governor enacted the following tax relief measures:
- SB 93 (Chesbro) conforms state income tax law with federal changes made to Roth IRAs in 1998. SB 94 (Chesbro) provides state tax conformity with federal tax law
- SB 330 (Wright) exempts drawings produced at social functions by an artist from sales tax
- SB 685 (Monteith) requires the Franchise Tax Board to provide final notice before a lien or levy is issued
- SB 705 (Sher) increases the Research and Development tax credit from 11% to 12%
- SB 934 (Burton) exempts state-charted credit unions from the corporation tax
- SB 1014 (Poochigian) defines new planting for purposes of eligibility for tax exemption to include fruit or nut trees severely damaged by the 1998 freeze
- SB 1210 (Baca) exempts containers from sales tax when sold or leased without the contents to persons who place food for human consumption in the container for shipment
- AB 10 (Correa) provides minimum franchise tax exemption relief
- AB 114 (Florez) provides income and property tax relief to those affected by the 1998 freeze
- AB 145 (Vincent) gives insurance companies a tax credit against the gross premium tax for their investments in economic development funds
- AB 414 (Havice) increases to four years the statute of limitations for a taxpayer to file for a state income tax refund
- AB 563 (Honda) provides for a pet adoption sales tax exemption
- AB 1107 (Cedillo) and AB 1289 (Baugh) conform state tax law relative to self-employed health insurance cost tax deduction with the federal deduction
- AB 1120 (Havice) deletes the sunset date on the qualified small business stock tax exemption
- AB 1121 (Nakano) reduces the vehicle license fee
- AB 1432 (Oller) provides a tax credit on gross premium tax for insurance policies written in San Francisco and Los Angeles Counties' pilot projects for low-cost auto insurance for low-income drivers.
Other chaptered tax legislation includes:
- SB 246 (Solis) extends the sunset on the firefighters' memorial fund tax checkoff
- SB 330 (Wright) provides for a study on the sales tax reported on productions of 2 and 3D images
- SB 493 (Figueroa) creates a tax checkoff for birth defects research
- SB 1064 (Perata) extends the Mexican-American Veteran Memorial income tax checkoff
- SB 1230 (Burton) provides for a California Peace Officer Memorial Foundation Fund tax checkoff
- AB 160 (Alquist) extends the sunset date on the Alzheimer's tax checkoff
- AB 676 (Brewer) requires a study on alternatives for restructuring the property tax allocation system
- AB 790 (Honda) provides for publication of the top 12 largest sales tax delinquencies
- AB 990 (Floyd) enhances sales tax enforcement and compliance
- AB 1697 (Assembly Aging Committee) extends the sunset date on the California Fund for Senior Citizens tax checkoff.
Local Government Financial Relief:
The State Budget process provided substantial financial relief for the first time in a while to local governments with enactment of AB 1661 (Torlakson) which allocates $150 million for fiscal relief and AB 1662 (Leonard) which appropriates $50 million to cities for booking fees and processing costs associated with criminal justice services.
The Legislature and the Governor enacted the following concerning affordable housing, fair housing, and mobilehomes:
- SB 948 (Alarcon) and AB 919 (Dutra) make a number of revisions regarding housing developments affordable to very-low, low- and moderate-income households, including reaffirming a local governments' authority to regulate demolition of rental property and its conversion to nonresidential use
- SB 1121 (Alarcon) creates a Multi-Family Housing Program to replace current State Department of Housing and Community Development programs
- AB 97 (Torlakson) continues the $50 million annual tax credit for development of low-income projects
- AB 612 (Jackson) continues and expands the state armory homeless program
- AB 1414 (Dutra) increases the California Housing Finance Agency revenue bond limit by $2.2 billion
- AB 1505 (Ducheny) requiring local general plans' housing elements to identify adequate sites with public services and facilities for housing for agricultural employees to meet the city or county's regional share of farmworker housing
- AB 1559 (Wiggins) cuts the administrative requirements on various forms of low-income and assisted housing to qualify for property-tax exemptions.
- SB 382 (Haynes) allows adult children of seniors to be qualified permanent residents in senior housing under specified conditions
- SB 1098 (Burton) prohibits a landlord from discriminating against a tenant or prospective tenant based on source of income
- SB 1148 (Burton) prohibits all restrictive covenants in homeowners association deeds and other governing documents.
- SB 42 (Johnson) gives tenants that use the services of an interim holding entity to facilitate the purchase of their mobilehome park an additional six months to achieve a 51% tenant participation
- SB 351 (Figueroa) deems any rules of a mobilehome park that create new fees on owners are void unless expressly agreed to by the homeowners
- SB 476 (Chesbro) caps the price a park may charge for liquefied petroleum gasoline
- SB 534 (Dunn) creates a mobilehome resale disclosure form
- SB 700 (O'Connell) enhances the Mobilehome Park Inspection Program.
At the present time there is no official Governor's residence. SB 1091 (Ortiz) creates a Governor's Permanent Residence Commission to consider the design, site, and funding of a permanent Governor's residence.
SB 3 (Rainey) submits a $350 million General Obligation bond to the March 7, 2000 primary election to construct and renovate libraries.
A number of veteran affairs bills were passed and were signed including:
- SB 4 (Johannessen) relative to a Northern California veterans cemetery
- SB 36 (Baca) relative to veterans preferences in local employment
- SB 152 (Johannessen) relative to the appointment of a Deputy Secretary of Veterans' Homes in the State Department of Veteran Affairs
- SB 703 (Poochigian) provides funding for the construction of the World War II Veteran Memorial in Washington D.C.
- SB 630 (Dunn) provides for $50 million in General Obligation bonds to build and renovate state-owned veteran homes
- AB 92 (Floyd) establishes an Inspector General in the State Department of Veteran Affairs
- AB 193 (Cardoza) relative to a Central Valley veterans home
- AB 879 (Havice) makes the Deputy Secretary for Women Veterans permanent within the State Department of Veteran Affairs.
Military Base Closures:
Since 1988, California has experienced 29 military base closures. In response to the possibility of more closures, SB 1099 (Knight) reconstitutes the Defense Conversion Council which went out of existence in 1999 with a California Defense Retention and Conversion Council to protect the remaining 36 facilities and to assist communities that have experienced base closures.
SB 100 (Burton) revises procedures for tabulation and reporting of ballots cast at the March 7, 2000 presidential primary to conform with Open Primary Law. SB 350 (Murray) updates procedures for selection of Democratic Presidential candidate delegates. SB 380 (Haynes) changes selection of Republican presidential delegates by revising the winner take all system beginning with the year 2004 election.
SB 50 (Johnson) changes the campaign finance disclosure schedule to accommodate March 7, 2000 primary election. SB 49 (Johnson) designates the first Tuesday after the first Monday in June of each odd year as an Election Day. SB 658 (Karnette) enacts, in practice, the Secretary of State's online election data availability procedures. SB 1024 (Johnson) discloses online an index of political committee identification numbers to be updated. SB 1025 (Johnson) requires the Lobbyist Directory to be placed on the Internet and requires the FPPC to publish a booklet on the Political Reform Act. AB 1414 (Papan) prohibits the FPPC from taking any action to implement the Political Reform Act that denies constitutional protections. AB 1530 (Longville) requires that votes cast by absentee ballot and polling places be tabulated by precinct for reapportionment purposes.
- SB 33 (Peace) gives the Governor authority to designate a President of the Public Utilities Commission
- SB 96 (Peace) revises provisions governing the structure of the Independent System Operator and the Power Exchange, and the Electricity Oversight Board
- SB 177 (Peace) revises eminent domain rights as they pertain to utilities that offer competitive services
- SB 232 (Kelley) provides for an electrical rates study relative to agricultural users
- SB 531 (Baca) sets procedures for submitting complaints to PUC electronically
- SB 669 (Polanco) codifies PUC advisory boards for six telecommunications programs and places local representation when considering the state's 911 program
- AB 406 (Knox) requires the Public Utilities Commission to develop measures concerning allocation of telephone numbers and to address the proliferation of telephone area codes.
The Senate adopted SR 18 (Bowen) urging the Federal Communications Commission to grant the PUC's request for more authority to deal with allocation of telephone numbers and the proliferation of area codes.
SB 822 (Escutia) specifies that tobacco-product manufacturers selling cigarettes in this state either become a participating manufacturer under the terms of the tobacco settlement reached between the states and the industry or place into an escrow fund an amount calculated on the basis of tobacco products sold.
Every 10 years the U.S. Census Bureau conducts a census in order to determine the total population of the United States and to gather numerous types of economic, social, and other demographic information. The population figures are used to reapportion the House of Representative districts in each state and to serve as the basis for allocating federal funds for various governmental programs. In the 1990 census, there were allegations that the census had failed to achieve a complete count of the total population. A California State University, Sacramento study stated that 843,936 Californians went uncounted. There have been ongoing discussions in the U.S. Congress as to how to proceed with the counting. In California, the Legislature and Governor enacted the following legislation relative to the census: AB 1660 (Shelley) establishes the California Complete Count Committee for purposes of developing a plan to maximize the number of citizens that participate in the 2000 federal census. A follow-up measure SB 711 (Burton) repeals the committee and instead requests the Governor to appoint a task force to make recommendations on how to maximize the number of Californians counted in the 2000 census and to implement a census outreach program.
Holocaust Victims Insurance Claims:
The issue of insurance claims for Holocaust survivors came to light in 1997 through a class action suit filed in New York. The problem of unpaid insurance claims had been discovered in the course of researching Holocaust survivor claims to European bank deposits. The State Department of Insurance estimates that there are 50,000 to 100,000 Holocaust survivors in the United States, with California having the second largest number, ranging from 6,300 to 19,000. AB 1570 (Hayden) of 1998, which was signed into law, required the department to develop a plan to investigate and recover unpaid Holocaust victim insurance claims. The following pieces of legislation are follow-ups to AB 1570: AB 600 (Knox) enacts the Holocaust Victims Insurance Relief Act of 1999 requiring the establishment and maintenance of a registry regarding insurance policies issued in Europe to victims of the Holocaust during the Nazi period and AB 1660 (Shelley) sets forth roles, responsibilities, and membership of the Holocaust Era Insurance Claims Oversight Committee.
Civil Law Legislation of Interest:
The following were passed by the Legislature and signed by the Governor:
- SB 209 (Burton) enacts the Astaire Celebrity Image Production Act giving greater protection rights for heirs of deceased celebrities
- SB 1162 (Burton) makes modifications in the so-called "Coogan Law" relative to contracts concerning minors in the acting profession
- SB 1245 (Hayden) allows court action for World War II slave labor victims or forced labor victims.