1999 Digest of Legislation

Introduction

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.

State Budget

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.

Weapons Legislation:

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.

Health Insurance:

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).

Pupil Testing:

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.

Charter Schools:

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.

English Learners:

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).

School Transportation:

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.

Higher Education:

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.

Indian Gaming:

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.

Water Issues:

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.

Park Bonds:

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.

Labor Relations:

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.

Economic Development:

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.

Consumerism:

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.

Auto Insurance:

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.

Amusement Rides:

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.

Environmental Protection:

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.

Beverage Containers:

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.

Farm Labor:

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.

Pest Control:

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.

General Agriculture:

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.

State Bar:

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.

Hate Crimes:

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.

Public Employees:

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:

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.

Tax Relief:

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.

Housing:

The Legislature and the Governor enacted the following concerning affordable housing, fair housing, and mobilehomes:

Affordable Housing:

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.

Fair Housing:

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.

Mobilehomes:

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.

Governor's Residence:

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.

Libraries:

SB 3 (Rainey) submits a $350 million General Obligation bond to the March 7, 2000 primary election to construct and renovate libraries.

Veteran Affairs:

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.

Presidential Primary:

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.

Election/Political Reform:

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.

Public Utilities:

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.

Tobacco Settlement:

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.

Census:

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.

You are here