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Administrative Law

SB 178 (Monteith-R) Administrative adjudication: scientific evidence

Provides that evidence based on scientific tests shall be admitted only if the reliability of the method is established, the witness furnishing the testimony is properly qualified as an expert to give an opinion on the subject, and the proponent of the evidence demonstrates that correct scientific procedures were used in the particular case.

(Died in Senate Judiciary Committee)

SB 453 (Solis-D) Workers' compensation

Changes the statutory title of state employees who initially hear and decide disputed workers' compensation cases from referee to "workers' compensation administrative law judges".

Chapter 448, Statutes of 1998

AB 1235 (Leach-R) Administrative regulations

Requires the State and Consumer Services Agency (Agency), commencing on January 1, 1999, and every four years thereafter, to establish a schedule to review regulations for duplication and consistency. Requires the Agency to file an order of repeal, no later than January 1, 2003, with regard to any regulation that it deems is duplicative or overlaps with another state or federal regulation without providing added benefits.

(Failed passage in Assembly Consumer Protection, Governmental Efficiency, and Economic Development Committee)

AB 2164 (Wayne-D) Administrative law judges: ethics

Establishes the "Administrative Adjudication Code of Ethics" for administrative law judges (ALJ), as classified by the State Personnel Board. This code applies many portions of the new Code of Judicial Conduct, adopted by the California Supreme Court in 1996, to administrative law judges. Excludes portions of four canons that either don't apply to administrative law judges or are already covered under existing law. Applies the ethics requirements governing elected officials under the Political Reform Act to ALJ's.

Chapter 95, Statutes of 1998

ACA 35 (Goldsmith-R) Administrative law

Allows the Legislature to overturn regulations adopted by state agencies.

(Died in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)

Legislature

The Legislature

The full 9th Federal Appellate Court members overturned the three judge panel of the same court ruling that term limits are unconstitutional in December of 1997. The full court's decision was appealed to the U.S. Supreme Court. On March 23, 1998, the U.S. Superior Court rejected the appeal without comment or dissent. The following legislators are being term limited out of office in 1998:

State Senators~ Years of Senate Service~Years of Assembly Service

Ruben S. Ayala (D)~24 years, 10 months~0

Charles M. Calderon (D) - Unsuccessful candidate for Attorney General~8 years, 7 months~8 years, 4 months

William A. Craven (R)~20 years~4 years, 6 months

Ralph C. Dills* (D)~32 years~10 years, 6 months

Leroy F. Greene (D)~16 years~20 years

Quentin L. Kopp (I)~12 years~0

Bill Lockyer (D) - Candidate for Attorney General~16 years~9 years, 3 months

Kenneth L. Maddy (R)~19 years, 5 months~8 years

Herschel Rosenthal (D)~16 years~8 years

Mike Thompson (D) - Candidate for U.S. Congress~8 years~0

Diane Watson (D)~20 years~0

*Ralph C. Dills, as he leaves office, will have the record for serving the longest in the Legislature, 42 1/2 years, and will be second only to Randolph Collier in total Senate service.

The following is a list of Assembly Members who are being term limited out and the House Resolution number which designates their retirement.

Fred Aguiar (R) - HR 72 - Successful candidate for San Bernardino County Board of Supervisors

Barbara Alby (R) - HR 67 - Unsuccessful candidate for U.S. Congress in 1998 primary

Joe Baca (D) - HR 86 - Candidate for State Senate

Debra Bowen (D) - HR 84 - Candidate for State Senate

Larry Bowler (R) - HR 68

Valerie K. Brown (D) - HR 65

Cruz M. Bustamante (D) - HR 77 - Candidate for Lt. Governor

Martha M. Escutia (D) - HR 87 - Candidate for State Senate

Jan Goldsmith (R) - HR 79 - Unsuccessful candidate for State Treasurer

Diane Martinez (D) - HR 69 - Candidate for State Insurance Commissioner

Bill Morrow (R) - HR 78 - Candidate for State Senate

Grace F. Napolitano (D) - HR 85 - Candidate for U.S. Congress

Curt Pringle (R) - HR 75 - Candidate for State Treasurer

Bernie Richter (R) - HR 64

Nao Takasugi (R) - HR 71

Attempts were made to revise the term limit law through SCA 35 (Maddy-R) which died in the Assembly and ACA 21 (Papan-D) which failed passage on the Assembly Floor.

Other Assembly Members who are not returning are as follows:

Tom J. Bordonaro, Jr. (R) - HR 81 - Candidate for U.S. Congress

Liz Figueroa (D) - HR 73 - Candidate for State Senate

Brooks Firestone (R) - HR 80 - Retiring - Unsuccessful candidate for U.S. Congress in early 1998

Steven T. Kuykendall (R) - HR 74 - Candidate for U.S. Congress

Gary G. Miller (R) - HR 76 - Candidate for U.S. Congress

Kevin Murray (D) - HR 83 - Candidate for State Senate

Deborah Ortiz (D) - HR 63 - Candidate for State Senate

Charles S. Poochigian (R) - HR 70 - Candidate for State Senate

Michael Sweeney (D) - HR 82 - Unsuccessful candidate for State Senate

Tom Woods (R) - HR 66 - Retiring

In the State Senate, Senator John L. Burton was elected in February to replace Senator Bill Lockyer as Senate pro Tempore because Senator Lockyer was running for Attorney General. Also Senator Richard G. Polanco became the new Majority Leader replacing Senator Charles M. Calderon who was also running for Attorney General. Senator Betty Karnette became the Majority Whip. The Senate Republicans replaced Rob Hurtt as Minority Leader with Senator Ross Johnson. Senator James L. Brulte became the new Republican Caucus Chairman and Senator William J. Knight took Senator Brulte's place on Senate Rules Committee.

Earlier in the year, Senator Barbara Lee was elected to the U.S. Congress to replace Ron Dellums. Her seat remained vacant all year. Assemblyman Don Perata won the Democratic nomination over Assemblywoman Dion Aroner in September of 1998. Senator Tim Leslie is running for Lt. Governor and if he wins, his seat will be vacant in early 1999.

In the Assembly, Antonio R. Villaraigosa was elected the new Speaker to replace Cruz M. Bustamante who is running for Lt. Governor against Senator Leslie in the General Election. Kevin Shelley became the new Majority Floor Leader.

SB 58 (Ayala-D) Bill analyses

Requires every state agency that may be significantly affected by a bill to prepare an analyses of the bill and deliver that analysis to the bill's author and each policy committee set to hear the bill no later than seven calendar days prior to the first hearing in that committee.

(Died in Senate Governmental Organization Committee)

SB 1021* (Burton-D) Legislator's retirement system

Permits all members of the Legislator's Retirement System to receive credit for prior state service upon payment of specified contributions.

Chapter 1074, Statutes of 1998

SCA 16 (Lockyer-D) Budget Bill: passage: legislators: salaries

Forfeits the salary of Members of the Legislature and the Governor if the Budget Bill is not passed by midnight on June 30 until it is passed. Exempts appropriations in the Budget Bill from two-thirds vote requirement.

(Died on Senate Inactive File)

Similar legislation was ACA 26 (Torlakson-D) which failed on the Assembly Floor.

SCA 35 (Maddy-R) Legislature: terms: salaries

Changes the terms of State Senators from four years to six years starting January 1, 2000. Specifies that no Senator may serve more than two consecutive terms and no Member of the Assembly may serve more than four consecutive terms in the Assembly. Provides that the salary of Members of the Legislature may not increase over the terms of his or her office by an amount that exceeds 5% of the Member's salary for each year of his or her term.

(Died in Assembly Elections, Reapportionment, and Constitutional Amendments Committee)

Other term limit legislation included ACA 17 (Kaloogian-R);ACA 18 (Oller-R); ACA 19 (Frusetta-R); ACA 20 (Kuehl-D); ACA 21 (Papan-D), which failed passage on the Assembly Floor; and ACA 46 (Thompson-R) which died in Assembly Elections, Reapportionment, and Constitutional Amendments Committee.

SR 22 (Lockyer-D) President pro Tempore

Elects Senator John L. Burton as President pro Tempore.

(Read and adopted)

SR 23 (Burton-D) Presiding Officer Emeritus

Designates Senator Ralph C. Dills as the Presiding Officer Emeritus.

(Read and adopted)

SR 25 (Burton-D) Senate Rules Committee membership

Elects Senator William J. Knight to the Senate Rules Committee.

(Read and adopted)

SR 27 (Burton-D) Senator Barbara Lee

Commends Senator Barbara Lee for her legislative and community leadership. This constitutes Senator Lee's retirement resolution as she was elected to the U.S. Congress.

(Read and adopted)

SR 29 (Burton-D) Senate Standing Committees

Merges the Senate Housing and Land Use Committee with the Senate Local Government Committee and the Senate Public Employment and Retirement Committee with Senate Industrial Relations Committee.

(Read and adopted)

AB 14 (Kaloogian-R) Legislative employees

Creates an optional portable retirement plan for legislative employees which may be used in lieu of PERS, and in addition to 401(k) and 415 plans.

(Died in Assembly Public Employees, Retirement and Social Security Committee)

AB 1094 (Assembly Judiciary Committee) Legislators: marriage ceremonies

Adds to the list of persons who may solemnize a marriage a legislator or constitutional officer of this state or a Member of Congress from this state, while that person holds office.

Chapter 932, Statutes of 1998

AB 2174 (Martinez-D) Legislative employees: postgovernment employment

Prohibits a designated employee of the Legislature who is assigned to work for a chairperson or vice chairperson as legislative committee staff from making an appearance or communication, for a period of one year from the date of termination of employment as committee staff, for the purposes of influencing legislative action on legislation assigned to the committee in which he/she would as committee staff.

(Died in Assembly Elections, Reapportionment and Constitutional Amendments Committee)

AB 2625 (Richter-R) Training in government

Establishes the California Representative Government Institute in state government to develop and carry out a program of continuing education and training for incoming and currently serving Members of the Legislature, administrative appointees, and business and academic leaders.

(Failed passage in Assembly Rules Committee)

ACA 8 (Papan-D) Legislature: Member residency

Requires as a condition of eligibility to be a member of the Legislature, that a person has been a resident of California for four years immediately preceding election to that office.

(Died in Assembly Elections, Reapportionment, and Constitution Amendments Committee)

ACA 25 (Morrissey-R) Budget Bill: legislative salary

Provides that the salary of each Member of the Legislature be computed at the hourly minimum wage, as specified, and that amount of per diem living expenses payable to a Member of the Legislature be $5 if the Budget is not passed at midnight on June 30, until it is passed.

(Died in Assembly Budget Committee)

ACA 32 (Margett-R) Legislature: reduced sessions: salaries

Limits a meeting of the Legislature to 120 days in the first year, and 60 days in the second year, of the biennial session. Changes the commencement date of the terms of legislators and the starting date of a regular session of the Legislature. Revises the time periods for the adoption of legislation and for the veto of legislation by the Governor. Limits the number of days in which travel and living expenses may be paid to legislators. Reduces to 1997 levels the salaries and other benefits of state officers, including Members of the Legislature, whose term of office begins on January 4, 1999. Limits their salary increases to the lesser of the consumer price index increase or 3% each year, and requires approval by the Legislature. Changes the rate of compensation for the members of the California Citizens Compensation Commission.

(Died in Assembly Elections, Reapportionment, and Constitutional Amendments Committee)

ACR 146 (Ducheny-D) Latino Legislative Caucus: 25th Anniversary

Recognizes the Latino Legislative Caucus for its outstanding public service upon its 25th Anniversary and commends the Latino Legislative Caucus for its many accomplishments since its formation in 1973.

Resolution Chapter 105, Statutes of 1998

ACR 165 (Kaloogian-R) American Legislative Exchange Council

Congratulates the American Legislative Exchange Council on the occasion of its 25th Anniversary.

Resolution Chapter 111, Statutes of 1998

State Government

SB 58 (Ayala-D) State agencies legislation

Requires every state agency that may be significantly affected by a bill to prepare an analysis of the bill and deliver that analysis to the bill's author and each policy committee set to hear the bill no later than seven calendar days prior to the first hearing in that committee.

(Died in Senate Governmental Organization Committee)

SB 143 (Kopp-I) Records

Requires state and local government agencies to provide electronic files that are public records in the format sought by the requester and permits a higher fee to be charged when electronic records are requested for a commercial purpose. Includes, in the California Public Records Act (CPRA), corporations or other entities created by government agencies to carry out public purposes, and specifies that an elected official has the same right of access to public records as a "member of the public." Consolidates, in the CPRA, exemptions that are scattered throughout other codes.

Chapter 620, Statutes of 1998

SB 209 (Kopp-I) Judicial review: governmental agency actions

Establishes a uniform set of procedural rules for judicial review of state and local agency actions. Addresses the areas of standing, exhaustion of administrative remedies, ripeness, statute of limitations, record for review, standard of review, proper venue for reviewing court, stays pending review, and costs. Takes effect January 1, 1999.

(Failed passage in Senate Judiciary Committee)

Similar legislation was SB 261 (Kopp-I), which failed passage in Senate Judiciary Committee.

SB 213 (Kopp-I) Legal services: state

Clarifies that the need for written consent of the Attorney General (AG) to employ outside counsel applies to all insurance delinquency proceedings, including any judicial proceeding that is ancillary to an insurance delinquency proceeding. Reaffirms that it is in the best interest of the state for the AG and the Insurance Commissioner to consult on the use of agency counsel in delinquency proceedings.

Vetoed by the Governor

SB 225 (Kopp-I) Insurance: Insurance Commissioner

Provides that the people shall vote on an initiative which would render the position of Insurance Commissioner an appointed, rather than elective, office.

(Died in Senate Rules Committee)

SB 249 (Johnston-D) Native Americans

Replaces references to the terms "Indian," "tribal group," "incorporated Indian association," "Indian tribes," "tribal organizations," "American Indians," "band," "Indian reservation," "rancheria," "American-Indian controlled," and "unit of Indian government" with the terms "Native American" and "Native American organizations, tribes, or groups." Allows the county superintendent of schools to contract with a Native American organization, tribe, or group to distribute pre-approved audio and visual instruction materials.

(Died in Assembly Appropriations Committee)

Similar legislation was SB 1935 (Johnson-D), which died in Senate Governmental Organization Committee.

SB 261 (Kopp-I) Judicial review: governmental agency actions

Makes judicial review of specified state agency and local agency actions subject to the provisions being added by SB 209 (Kopp-I). Makes conforming changes and becomes operative only if SB 209 becomes operative on January 1, 1999.

(Failed passage in Senate Judiciary Committee)

SB 281* (Thompson-D) Conflicts of interest: public contracts

Allows legislative bodies to vote to approve a contract with a company if a member of the legislative body or his or her spouse is an employee of the company and they own less than 3% of the stock of the company.

Chapter 687, Statutes of 1998

SB 409 (Alpert-D) Libraries

Builds upon and replaces the public library network that was established by the California Library Services Act (1977) with an expanded multi-type library network to be known as The Library of California. Appropriates $5 million.

Chapter 948, Statutes of 1998

SB 412 (Peace-D) State contracts: conflict of interest

Applies existing conflict of interest provisions generally applicable to state procurement contracts to electronic data processing and telecommunications procurements.

Double-joined with AB 2329 (Firestone-R).

Vetoed by the Governor

SB 425 (Hurtt-R) Public works: prevailing wages

Exempts public works projects of $100,000 or less from the existing requirement that prevailing wages be paid to those workers.

(Died in Senate Industrial Relations Committee)

SB 426 (Hurtt-R) Public works: public schools

Excludes from existing law relating to public works projects any work performed on public school facilities by or on behalf of the governing board of a school district, except to the extent required by federal law.

(Died in Senate Industrial Relations Committee)

SB 491* (Brulte-R) State property: Department of Corrections

Authorizes the Director of the State Department of General Services, with the consent of the State Department of Corrections, to exchange, sell, or lease up to 290 acres of state property to the City of Chino for the development and maintenance of a public park, public recreational uses, and open-space uses, including the development of a golf course. Requires that any lease executed pursuant to these provisions be for a term not to exceed 55 years and meet specified conditions.

Chapter 500, Statutes of 1998

SB 648 (Burton-D) Personal services contracts

Requires the State Department of Finance to undertake a cost comparison and prepare performance standards to be used in evaluating bids for state services to be provided by private vendors, as specified.

Vetoed by the Governor

SB 700 (Rainey-R) Pilots: Bays of San Francisco, San Pablo and Suisun

Adds to the existing duties of the Board of Pilot Commissioners for the bays of San Francisco, San Pablo, and Suisun the review of incidents and accidents that occur during operations under a state or federal license of a pilot or that occur on equipment or vessels maintained exclusively for pilotage. Requires the board to adopt, by regulation, a review process and procedure for the annual license renewal of pilots and inland pilots and prohibits a renewal until a review is conducted by the board. Requires the board to exclude from consideration any expenses for pilotage operations that are the result of illegal activity or the result of the willful or gross negligence of individual pilots or pilot associations or organizations in its recommendations to the Legislature regarding pilotage rates.

(Died in Senate Governmental Organization Committee)

SB 776 (Johannessen-R) State property: design-build

Permits the Director of the State Department of General Services, when authorized by the Legislature, to use the " design-build " construction procurement process for state office facilities and other buildings, as specified.

Chapter 252, Statutes of 1998

Similar legislation was AB 774 (Morrow-R), which died in Assembly Consumer Protection, Government Efficiency and Economic Development Committee; and AB 893 (Leach-R), which failed passage in Assembly Transportation Committee.

SB 797 (Hughes-D) Calif. Infrastructure and Economic Development Bank Bond Act

Enacts the California Infrastructure and Economic Development Bank Bond Act which, if adopted, authorizes for purposes of financing a specified infrastructure loan improvement program the issuance, pursuant to the State General Obligation Bond Law, of bonds in the amount of $200 million. Provides for submission of the bond act to the voters at the next statewide election.

(Died in Senate Governmental Organization Committee)

SB 841 (Hayden-D) Public contracts: domestic partners

Prohibits a public entity from contracting with a contractor that discriminates in its provision of benefits to employees with spouses and employees with domestic partners.

(Failed passage in Senate Judiciary Committee)

SB 862 (Lee-D) Interagency Commission on African-American Males

Establishes the Interagency Commission on African-American Males to consider and promote the implementation of recommendations made by the Commission on the Status of African-American Males. Establishes the composition of the 17-member Commission, and directs the Commission to appoint an executive director and secretary. Specifies Commission members shall serve without compensation, except for the reimbursement for actual and travel expenses.

(Died in Assembly Appropriations Committee)

SB 874 (Calderon-D) Public works

Requires state and selected local agencies which (1) have prepared plans and specifications to be put out to bid and (2) subsequently decide to use the agencies' own staff, to perform the work in strict accordance with the plans and specifications. Establishes a mechanism to fund reviews by local construction accounting procedures and appeals of findings made by the California Uniform Construction Cost Accounting Commission. Requires that local entities calculate construction costs based on specific procedures adopted by the commission.

(Died in Senate Appropriations Committee)

SB 937 (Polanco-D) State contracts

Recasts the California Prompt Payment Act, creates the Interagency Council on State Contracting and Business Partnerships and creates a preference for large companies to subcontract with small businesses, as specified.

(Died in Assembly Appropriations Committee)

Similar legislation was AB 2275 (Kuykendall-R), Chapter 916, Statutes of 1998; AB 2405 (Leach-R), Chapter 917, Statutes of 1998; and AB 2505 (Olberg-R), Chapter 821, Statutes of 1998.

SB 1000 (Rosenthal-D) Future California Act of 1998

Enacts the Future California Act of 1998 and establishes Future California to examine the state's future in demography, industry, environment, policy, international relations and development. Provides for the appointment of a board of directors for Future California with four-year terms. Sunsets January 1, 2002.

(Died in Senate Appropriations Committee)

SB 1093* (Rainey-R) State budget: performance measures

Specifies that the state budget shall focus on the results of government services at the state and local levels, that state and local government officials are required to respect existing program evaluation requirements and program performance measures, and that outcome measures are to be realistic and commensurate with level of revenues for each program.

(Died in Senate Budget and Fiscal Review Committee)

SB 1114 (Solis-D) Land use: development permits

Requires the Office of Permit Assistance within the Trade and Commerce Agency to provide information to state and local agencies, as well as to applicants for development projects, to assist them in meeting the requirements of the permit approval process. Makes the office the only entity in state government responsible for providing information and assistance to applicants for development projects regarding state permit requirements.

(Died on Senate Inactive File)

SB 1124 (Schiff-D) Surplus residential property

Exempts single family properties that are owned by the State Department of Transportation and located in the Cities of Pasadena and South Pasadena from the requirement to offer to sell surplus properties to previous owners, occupants, affordable housing developers, or public agencies, at affordable or reasonable prices. Provides that properties must be listed or eligible to be listed on the National Register of Historic Places or the California Register of Historical Resources.

(Died in Senate Housing and Land Use Committee)

SB 1169 (Hurtt-R) Capital outlay: state budgeting

Requires the California Economic Strategy panel to include, in its biennial economic development strategic plan, a review of "other states' significant tax strategies to attract and retain business." Subjects the report's findings to joint legislative review.

(Died in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)

SB 1173* (Vasconcellos-D) Liability: disclosure of Year 2000 information

Provides limited immunity from liability for solutions to the year 2000 computer date failures ("Y2K") disseminated in good faith.

Chapter 860, Statutes of 1998

Similar legislation wad SB 2000 (McPherson-R), which failed passage in the Senate Judiciary Committee.

SB 1184 (Thompson-D) California Infrastructure and Economic Development Bank

Merges the California Infrastructure and Economic Development Bank and the California Economic Development Financing Authority into a single entity within the Trade and Commerce Agency, as specified.

Chapter 4, Statutes of 1998

SB 1202 (Hayden-D) Historic site preservation: St. Vibiana's Cathedral

States legislative intent to appropriate $1 million to the Office of Historic Preservation (OHP) for allocation for acquisition or rehabilitation of St. Vibiana's Cathedral. Specifies that the funds are to revert to the OHP if the funds are not used for these purposes within five years.

(Died in Assembly Water, Parks and Wildlife Committee)

SB 1304 (O'Connell-D) State budget: zero-based budgeting

Requires the State Controller, commencing with the 2000-2001 fiscal year, to prepare and publish periodic reports documenting the improvements and efficiencies achieved as a result of the zero-based budgeting, and the improvements and efficiencies achieved as a result of the utilization of the performance standards and evaluations required, as specified. Establishes a task force during the 1998-1999 and 1999-2000 fiscal years to develop a program of training and education to facilitate zero-based budgeting for the 2000-2001 fiscal year. Becomes operative only if SCA 13 (O'Connell-D) is approved by the voters and takes effect.

(Died in Assembly Budget Committee)

SB 1364 (Ayala-D) Open meetings: state bodies

Modifies the definition of conduct that would be a misdemeanor under the Bagley-Keene Open Meeting Act.

(Failed passage in Senate Governmental Organization Committee)

SB 1367* (Wright-R) Camarillo State Hospital: transfer

Requires the State Department of General Services, no later than October 1, 1998, to transfer to Ventura County 57 acres of Camarillo State Hospital property which is not contiguous to the main hospital property, at no cost to the county, The county will be required to accept the property as is and assume any leases currently in effect on the property and maintain the property in perpetuity either for public use or nonprofit use by publicly-funded properties. Violation of these requirements will result in reversion of title back to the state.

Chapter 393, Statutes of 1998

SB 1373 (Schiff-D) California Arts Council

Makes various findings and declarations with respect to the role of the arts in contemporary society and states the intent of the Legislature to increase the budget of the California Arts Council by investing at least $1 per capita in the arts.

Vetoed by the Governor

SB 1378 (Hayden-D) Commission of Inquiry into Paparazzi Behavior

Creates in state government the Commission of Inquiry into Paparazzi Behavior and defines the duties of the commission. Requires the commission to hold public hearings, as specified, and require the commission to report its findings and recommendations to the Legislature no later than June 1, 1999.

(Died in Senate Governmental Organization Committee)

SB 1386 (Leslie-R) State computer technology: information gathering

Requires every state agency that utilizes any method, device, identifier, or other data base application on the Internet to electronically collect personal information about any user, to disclose to the user that he or she has the option having the personal information discarded without reuse or distribution.

Chapter 429, Statutes of 1998

SB 1415 (Burton-D) Chabot Observatory and Science Center

Makes various legislative findings and declarations relative to the Chabot Observatory and Science Center, a joint powers agency created by the City of Oakland, the Oakland Unified School District, and the East Bay Regional Park District. Appropriates a sum not to exceed $5 million from the General Fund to the joint powers agency to fund the completion of a new facility and its science education programs, and requires the Legislative Analyst to review and report to the Legislature on the use of those funds upon completion of the facility.

Chapter 950, Statutes of 1998

SB 1426 (Johannessen-R) State Auditor

Requires the State Auditor to examine and prepare and submit a report to the Legislature on all state governmental revenue sources to determine how funds that are raised are actually expended.

(Died in Senate Governmental Organization Committee)

SB 1437 (Kopp-I) Fire hydrants: color coding

Permits an agency that is responsible for maintaining fire hydrants to choose an alternative method for recognition of fire hydrant locations and water pressures, as specified.

Chapter 93, Statutes of 1998

SB 1460 (Maddy-R) State fairs

Allows the State Department of Food and Agriculture to have additional oversight capability over state funded fairs and expositions.

Chapter 181, Statutes of 1998

SB 1478 (Rainey-R) Taxation: state agencies: burden of proof

Provides that for taxes levied by the State Board of Equalization, the State Franchise Tax Board, and the State Employment Development Department, the agency that collects the tax shall have the burden of proof in any court or administrative proceeding with respect to any factual or legal issue relevant to ascertaining the tax liability of a "cooperating taxpayer" (i.e., a taxpayer who provides relevant records [those directly related to the disputed issue are maintained by the taxpayer pursuant to law] upon reasonable request by the agency). Provides that the burden of proof upon the agency shall be a preponderance of the evidence. Provides that it is not intended to supersede or limit "any legal requirement for the substantiation of any item. Expresses legislative intent that California conform with the Internal Revenue Service Restructuring and Reform Act.

(Died in Senate Revenue and Taxation Committee)

SB 1508 (Rainey-R) Support claims: Franchise Tax Board

Among other things, requires all state or local public agencies to notify the State Franchise Tax Board (FTB) of claims, as defined, by individuals against the public agency of $500 or more, and requires the FTB to check the claimant against a list of persons in arrears for child, spousal, or family support collected by a district attorney, as submitted to FTB by the district attorney. Requires FTB to report to the Legislature no later than January 1, 2002, regarding the effects of the bill. Sunsets on January 1, 2003.

(Failed passage in Assembly Revenue and Taxation Committee)

SB 1517* (Senate Appropriations Committee) Claims against the state: appropriation

Appropriates $2,216,863.41 from various funds to pay 523 claims filed against the state and approved by the State Board of Control.

Chapter 955, Statutes of 1998

Similar legislation was AB 2775* (Assembly Budget Committee), Chapter 304, Statutes of 1998; and AB 2776* (Assembly Budget Committee), Chapter 94, Statutes of 1998.

SB 1518* (Johnston-D) Judgments and settlement claims against the state

Appropriates $3,680,929.16 from the General Fund to the Attorney General to pay claims against the State. These claims include American Academy of Pediatrics v. Daniel E. Lungren, China Airlines, et al v. California Department of Food and Agriculture, and a settlement between Keller Construction Co. v. State Department of General Services.

Chapter 956, Statutes of 1998

SB 1589* (Senate Budget And Fiscal Review Committee) State government administration

A budget trailer bill which makes general government changes in the 1998-99 Budget Bill relating to state government administration. Continues the performance budgetary control with the State Department of General Services until June 30, 1999.

Chapter 328, Statutes of 1998

SB 1609 (Ayala-D) State forms: public access telephone number

Requires each state form to include on the form a public access telephone number of the state agency charged with administering the form.

(Died in Senate Governmental Organization Committee)

SB 1616 (Burton-D) State contracts: California bidder preference

Requires all state agencies to provide at least a 10% preference for California bidders on all contracts for construction, procurement, and service delivery. Defines California bidder as a California-based business or one with 50% or more of its employees who are California residents.

(Died in Senate Appropriations Committee)

Similar legislation was SB 1610 (Burton-D), which failed passage on the Assembly Floor.

SB 1641 (Burton-D) Candlestick Park

Shifts authority over Candlestick Park, provides specific parameters within which park land may be exchanged by the Director of the State Department of Parks and Recreation and the State Lands Commission to facilitate a forthcoming stadium/retail complex, places proceeds from the exchange in the Land Bank Fund, and exempts a future sign from the California Outdoor Advertising Act.

Chapter 1046, Statutes of 1998

SB 1645 (Mountjoy-R) Director of General Services: surplus state property

Authorizes the Director of the State Department of General Services (DGS) to dispose of specified parcels of state property. Authorizes the Director to sell, convey, or exchange additional properties currently requiring legislative approval, and requires DGS to, if feasible and consistent with existing law, first offer appropriate surplus state equipment to school districts, except for equipment more appropriately suited for public safety uses.

Chapter 731, Statutes of 1998

SB 1652 (Kopp-I) Secretary of State: document filing

Transfers the filings of numerous documents from the Secretary of State to various other state and local agencies, as specified. Also prospectively eliminates the option for businesses to file a deposit in lieu of a bond with the Secretary of State.

Chapter 829, Statutes of 1998

SB 1692 (McPherson-R) California Specialized Training Institute

Appropriates $140,000 from the General Fund to the State Office of Emergency Services (OES) for allocation to the California Specialized Training Institute to implement a pilot program for "distance learning" over the Internet as an alternative to traditional onsite courses. Requires that the funds spent to develop and implement a distance learning program, including the funds appropriated in the bill, be recovered from the fees charged to entities participating in the distance learning program during the first five years that fees are charged. Requires OES to report, by June 30, 2000, to the appropriate policy committees of the Legislature concerning the pilot program.

Chapter 490, Statutes of 1998

SB 1707 (Rainey-R) Safekeeping of property

Prescribes standards for the receipt and disposition of personal property being temporarily held by a public agency for safekeeping.

Chapter 540, Statutes of 1998

SB 1735 (Polanco-D) Civil rights: outreach

States legislative intent that California's voter-approved ban on affirmative action in public hiring, contracting and college admissions does not prevent public agencies from engaging in outreach and recruitment efforts to achieve diversity in education and public sector employment.

Vetoed by the Governor

SB 1753 (Schiff-D) Public retirement system governing boards

Requires the State Teachers' Retirement System and the Public Employees' Retirement System to take roll call votes on investment proposals considered during closed sessions, and to disclose the results of the vote within 12 months, as specified.

Chapter 923, Statutes of 1998

SB 1767 (Burton-D) Vessels

Makes various clarifying and technical changes with respect to safety standard violations concerning bar pilot hoists and ladders, as specified.

Chapter 605, Statutes of 1998

Similar legislation was SB 417 (Burton-D), Chapter 660, Statutes of 1998.

SB 1775 (Rainey-R) California Industrial Development Financing Act

Abolishes the California Industrial Development Financing Advisory Commission and transfers some of its functions to the California Pollution Control Financing Authority, extends the sunset on authorization of local industrial development authorities issuance of bonds, allows industrial development bonds to be used for specified commercial activities, and deletes existing statutory provisions concerning use of bonds.

Vetoed by the Governor

SB 1837 (Costa-D) State contracts: payment

Provides that if a contractor is entitled to partial or complete payment under a state contract and a new fiscal year has begun without enactment of a Budget Bill, an amount sufficient to meet the required payment of the contract is to be appropriated from the pertinent fund to the state agency, as specified, to make any payments due.

(Died in Assembly Budget Committee)

Similar legislation was AB 889 (Gallegos-D), which died in Senate Governmental Organization Committee).

SB 1862 (Dills-D) Keeper fees

Raises keeper fees from their existing level of $75 to no more than $100 for every eight hours worked. Raises the maximum compensation rate keepers receive for 24 hours of work from $150 to $175. Raises the maximum rate keepers receive for preparing a not-found return from $21 to $25. Provides $10 per diem for keepers for meals and mileage traveled.

Chapter 160, Statutes of 1998

SB 1864 (Schiff-D) Surplus residential properties

Changes the priority in which state agencies must sell surplus residential properties and single family properties that are not sold to existing low and moderate income tenants by first offering properties to municipal corporations or agencies that will rehabilitate and use the property for low- or moderate-income rental or owner occupied housing.

(Died in Senate Local Government Committee)

Similar legislation was SB 1124 (Schiff-D), which died in Senate Housing and Land Use Committee.

SB 1934 (Johnston-D) Department of General Services: director: leases

Authorizes the director of the State Department of General Services to purchase exchange, or otherwise acquire real property and construct a state-owned office building and parking facilities, within Sacramento County or the City of West Sacramento, for use by the State Department of Corrections and other state agencies, as specified.

Chapter 782, Statutes of 1998

SB 1935 (Johnston-D) Native Americans

Adds Native American organizations, tribes, or groups to the agencies with which an agreement may be entered into. Refers instead to Native Americans, rather than Indians, and to organizations, tribes, or groups, rather than tribes.

(Died in Senate Governmental Organization Committee)

Similar legislation was SB 249 (Johnston-D), which died in Assembly Appropriations Committee.

SB 1962 (Kelley-R) California Infrastructure and Economic Development Bank

Requires the California Transportation Commission to allocate state and federal transportation funds to the California Infrastructure and Economic Development (CIED) Bank to pay off a default of transportation projects which was financed by CIED with the prior approval of the applicable regional transportation planning agency. Expenditures of such funds will count against the affected county minimums in the subsequent State Transportation Improvement Program funding period.

(Died in Senate Appropriations Committee)

Similar legislation was AB 87 (Escutia-D), which also died in Senate Appropriations Committee.

SB 2000 (McPherson-R) Information systems: public entity liability

Establishes immunity from liability for government agencies and employees for any harm caused by year 2000 (Y2K) computer errors. Sunsets January 1, 2006.

(Failed passage in Senate Judiciary Committee)

Similar legislation was SB 1173* (Vasconcellos-D), Chapter 860, Statutes of 1998.

SB 2005 (Kopp-I) Permit Streamlining Act

Eliminates or revises certain waivers of timelines for a government agency to approve or disapprove a development project after the environmental documentation under the California Environmental Quality Act is completed.

Chapter 283, Statutes of 1998

SB 2026* (Rainey-R) California Library Construction and Renovation Bond Act

Enacts the California Library Construction and Renovation Bond Act of 1998, which, upon the approval of the electorate, authorizes the issuance of an unspecified amount of general obligation bonds to finance library construction and renovations.

(Died in Assembly Appropriations Committee)

SB 2038 (Polanco-D) Technological infrastructure

Creates the Interagency Commission on Technological Infrastructure for the 21st Century, consisting of nine state agencies, University of California, California State University and the community colleges, four representatives of local government and the information technology industry appointed by Senate Rules, the Assembly Speaker and the Governor. Specifies that he commission shall assist in developing regional telecommunications networks, disseminate information on "smart communities" and administer a grant program for "smart community" networks. Sunsets January 2, 2003.

(Died in Senate Appropriations Committee)

SB 2041 (Kopp-I) Civil rights

Dismantles various programs that promote access for women and minorities in public sector employment, education and state contracting. Establishes a new Office of Outreach to facilitate a broad based and aggressive outreach effort to individuals and small business. Enacts the Small Business Acquisition and Contract Act for the purpose of promoting and facilitating the participation of California "small businesses" in state contracting.

(Died in Senate Governmental Organization Committee)

Similar legislation was AB 1700 (Richter-R), which failed passage in Assembly Judiciary Committee.

SB 2110 (Mountjoy-R) State or local agency administrative officials

Prohibits for two years, any state or local agency administrative official from being employed by any individual or organization that is regulated or subject to policy established by the agency. Applies to every member, officer, employee, or consultant of a state or local governmental agency except for those who perform purely clerical, secretarial, or ministerial duties.

(Died in Senate Elections and Reapportionment Committee)

SB 2119 (Hurtt-R) Reports to the Legislature: Internet access

Requires any report required by law, or requested, including reports required or requested to be directed to a committee or other specified entity within the Legislature, to be made available on the state or local agency's Internet website. Requires that a summary of the report's contents be submitted through electronic mail to the Legislative Counsel, the Secretary of the Senate, and the Chief Clerk of the Assembly, and that a copy of the summary be distributed, as specified, by the Legislative Counsel, and that a notice of the report's availability on the state or local agency's Internet website be recorded in the journal of the appropriate house or houses of the Legislature. Requires a state or local agency that does not maintain an Internet website to submit a hard copy of the report and a summary of its contents to the Legislative Counsel, the Secretary of the Senate, and the Chief Clerk of the Assembly, and requires the summary and notice of the report to be distributed and recorded.

(Died on Assembly Inactive File)

SB 2121 (Hurtt-R) State debt collection and loan repayment

Authorizes the State Board of Control, rather than the State Controller, to discharge any state agency or employee from accountability for the collection of taxes, licenses, fees, or money if the debt is uncollectible or the amount of the debt does not justify the cost of its collection, and to adopt rules and regulations allowing state agencies to retain overpayments made to them. Requires, for each of the fiscal years 1998-99 to 2007-08, inclusive, that the State Controller transfer to the General Fund an amount equal to 10% of the amount that was loaned in 1998 to fund certain contributions to the Public Employees' Retirement System.

(Died on Senate Unfinished Business File)

SB 2174 (Rainey-R) Public records

Prohibits limitations on access to a public records based upon the purpose for which the record is being requested, if the record is otherwise subject to disclosure under the Public Records Act. Requires the State Board of Equalization (BOE) to adopt regulations to establish procedures and guidelines to access public records, and requires BOE to report to the Legislature in the feasibility and cost of creating and maintaining a specified subject matter index of public records.

SCA 8 (Hurtt-R) Lease-revenue financing

Provides that no law authorizing a state agency to engage in lease-revenue financing, as defined, shall take effect unless it has been passed by a two-thirds vote of all members elected to each house.

(Died in Senate Governmental Organization Committee)

SCA 15 (Lewis-R) Elections: Governor and Lieutenant Governor

Requires that candidates for Governor and Lieutenant Governor appear on the general election ballot jointly, and be elected as a single ticket, as specified. Becomes effective January 1, 2003.

(Failed passage on Senate Floor)

SCA 22 (Greene-D) Superintendent of Public Instruction

Beginning January 1, 2002, eliminates references of the office of office Superintendent of Public Instruction from the California Constitution. Beginning January 1, 2002, requires the State Board of Education to appoint an executive director of the board who shall also serve as the director of the State Department of Education.

(Died in Senate Education Committee)

SCA 23 (Greene-D) State Board of Education

Eliminates provisions concerning the State Board of Education and, instead, provides for the establishment by the Legislature of the State Advisory Board on Education, to be an advisory body to the Superintendent of Public Instruction. Beginning January 1, 2002, requires the Legislature to provide for the adoption of textbooks for use in grades one to eight, inclusive, to be furnished without cost as provided by statute.

(Died in Senate Education Committee)

SCA 24 (Greene-D) Secretary of Education

Beginning January 1, 2002, amends the California Constitution to eliminate the office of Superintendent of Public Instruction, and instead provides for a Secretary of Education to be appointed by the Governor, subject to confirmation by the Senate, to serve at the pleasure of the Governor. The Secretary of Education shall be the director of the State Department of Education.

(Died in Senate Education Committee)

SCA 26 (Hurtt-R) State finances: capital expenditures

Conditions the appropriation of funds to pay the principal and interest on this form of indebtedness for capital expenditure on the appropriation of an equal additional amount of state funds for that fiscal year to be expended directly for capital expenditure purposes.

(Died in Senate Governmental Organization Committee)

SCA 30 (Lockyer-D) Public safety services

Amends the California Constitution to prohibit the state or a local government, as defined, from entering into any contract, franchise agreement, or other arrangement in which an essential public safety service, which is defined to mean fire, police, sheriff, probation, corrections, or other peace officer services, shall be provided by private means, except as specified.

(Died in Senate Public Safety Committee)

SCA 32 (Kopp-I) Governor: vacancies

Amends the California Constitution to provide that whenever there is a vacancy in the Superintendent of Public Instruction, the Lieutenant Governor, Secretary of State, the State Controller, the State Treasurer, the Attorney General, or the State Board of Equalization, the Governor shall appoint a person to fill the vacancy for the balance of the unexpired term, subject to confirmation by both houses, as specified.

(Died in Senate Rules Committee)

SCR 24 (Lockyer-D) Public works projects: prevailing wage rate formula

Declares that the Legislature has relied upon established definitions of the general prevailing rate of per diem wages in amending and extending the public works project law, and declares that changing those definitions administratively will be contrary to the Legislature's intent for the reason that the existing definitions are now implicit in the statutory provisions.

(Died in Senate Industrial Relations Committee)

SCR 57 (Lee-D) Sister-state: Western Cape Province, South Africa

Seeks to establish a sister-state relationship between California and the Western Cape Province, South Africa.

(Died in Assembly Rules Committee)

SCR 58 (Lee-D) Sister-state: Province of Central Region of Ghana

Extends to the people of the Central Region province of Ghana an invitation to join with California in a sister-state relationship in order to encourage and facilitate mutually beneficial educational, economic, ecological, recreational, and cultural exchanges and to lead to an indelible and lasting relationship between the citizens of California and the Central Region.

(Died in Assembly Rules Committee)

Similar legislation was SCR 57 (Lee-D), which died in Assembly Rules Committee.

SCR 62 (Solis-D) Women's History Month and International Women's Day

Designates March 1998, as Women's History Month and urges celebration of International Women's Day on March 8, 1998.

Resolution Chapter 16, Statutes of 1998

SCR 77 (Lewis-R) Zoroastrian New Year

Recognizes and commends the Zoroastrian community for its history of notable achievements and contributions to Western civilization and commemorates the celebration of the Zoroastrian New Year on March 21, 1998.

(Died in Senate Rules Committee)

SCR 81 (Hayden-D) San Salvador: sister state relationship

Establishes a sister-state relationship between California and the State of San Salvador, El Salvador.

Resolution Chapter 103, Statutes of 1998

SCR 82 (Johannessen-R) Bill of Rights Day

Declares December 15, 1998, and each December 15 thereafter as Bill of Rights Day. Encourages all governmental bodies in California to observe the annual Bill of Rights Day in a manner that brings to mind the meaning and importance of each of the ten provisions contained in the Bill of Rights. Declares that the Bill of Rights should be read in all public schools and government meetings and courtrooms convening on December 15, and that the Bill of Rights must be read aloud, in its entirety, in both houses of the Legislature on the first legislative session day following December 15.

Resolution Chapter 115, Statutes of 1998

SCR 84 (Polanco-D) Cinco de Mayo

Extends the Legislature's warmest expression of friendship and congratulations to the Republic of Mexico and its citizens upon the anniversary of the Battle of Puebla, Cinco de Mayo, and also urges the people of California to take this opportunity to reflect upon the important role that Mexican culture has played in the development of the United States and California.

(Died in Assembly Rules Committee)

SCR 85 (Alpert-D) California art works exhibition

Supports the establishment of a public/private partnership to celebrate California arts, beginning with the new millennium, as specified.

Resolution Chapter 144, Statutes of 1998

Similar legislation was SB 1373 (Schiff-D), which was vetoed by the Governor.

SCR 90 (Alpert-D) Safety of journalists in Mexico

Commends Mexican journalists for exposing the activities of drug cartels and encourages California law enforcement to work in collaboration with Mexican law enforcement when conducting an investigation into an attack on the press.

Resolution Chapter 110, Statutes of 1998

SCR 101 (Kopp-I) The 2001 I.A.A.F. World Championships in Track and Field

Expresses support for the United States' bid to hold the 2001 International Amateur Athletic Federation (IAAF) World Championships in Track and Field at Stanford University and in San Jose. Requests the Secretary of the State Department of Trade and Commerce to coordinate all state agencies in support of the 2001 I.A.A.F. World Championships in Track and Field.

Resolution Chapter 169, Statutes of 1998

SR 30 (Johannessen-R) Memorial Day

Urges all Californians to remember and honor, on Memorial Day, those veterans who made the ultimate sacrifice for their country during the time of war.

Adopted by the Senate

Similar legislation was ACR 154 (Floyd-D), Resolution Chapter 59, Statutes of 1998.

SR 37 (Haynes-R) Salvation Army

Commends and thanks the Salvation Army for its long-standing work in California, the United States, and around the world.

Adopted by the Senate

AB 16 (Kuykendall-R) Long Beach: Naples and the Peninsula: subsidence

Requires the State Lands Commission (Commission), in consultation with the City of Long Beach, to investigate and prepare a report on whether subsidence has occurred in areas of the city known as Naples and the Peninsula. Requires the Commission to determine whether that subsidence if any, was caused, in whole or part, by oil production from the Long Beach tidelands.

(Died on the Senate Inactive File)

AB 19 (McClintock-R) State government: realignment or closure

Establishes the Bureaucracy Realignment and Closure Commission in state government with a specified membership. Requires the commission to submit a report to the Governor that includes a list of state bureaucracies that are proposed to be realigned or abolished. Requires the State Controller, Director of Finance, Legislative Analyst, Legislative Counsel, Milton Marks "Little Hoover" Commission on California State Government Organization and Economy, and the State Auditor to develop recommendations for the closure or realignment of state bureaucracies for consideration by the commission. Upon receiving these recommendations, conducting hearings, and completing its evaluation, requires the commission to submit its final recommendations to the Governor. If the Governor approves the list of recommendations, the Governor shall be required to prepare the list as a reorganization plan and submit the plan to the Legislature under statutory provisions relating to Governor's reorganization plans. Appropriates $200,000 to the commission in order to carry out its duties.

(Died in Assembly Consumer Protection, Government Efficiency and Economic Development Committee)

AB 376 (Baca-D) Public contracts: Department of Transportation

Requires contracts for engineering, architectural, landscape architectural, surveying, environment, or engineering geology services that exceed $50,000, adjusted for inflation, be awarded through a competitive bidding process to the lowest qualified bidder, as specified.

(Died in Senate Transportation Committee)

AB 487 (Leach-R) California Public Records Act: unlisted access numbers

Exempts unlisted or unpublished telephone numbers of customers which are made available to public entities only for public safety purposes (such as 911 and flood evacuation warning systems) from public inspection under the Public Records Act.

Chapter 13, Statutes of 1998

AB 697 (Davis-D) Trade and Commerce Agency

Requires the Economic Research and Strategic planning unit within the Trade and Commerce Agency, in coordination with the Legislature, the State Department of Finance, the State Auditor, the Legislative Analyst, and the customers and users of the agency's programs, to develop by July 1, 1999, quantifiable benchmarks, goals, and objectives to determine the success and effectiveness of each of the agency's programs. States the intent of the Legislature that the agency utilize existing resources to implement its provisions.

Vetoed by the Governor

AB 698 (Davis-D) Unclaimed property

Requires the State Controller to adopt guidelines and forms to assist the public and govern the activities for the escheat of unclaimed personal property.

Chapter 1029, Statutes of 1998

AB 750 (Pacheco-R) Public works contracts: compensation of contractors

Permits a public agency to enter into a competitively bidded public works contract when a bid protest is made, pending the final decision on the protest, as specified.

Vetoed by the Governor

AB 774 (Morrow-R) Public works: Design-Build Procurement Act

Authorizes public agencies to use the design-build process, an alternative procurement and construction method, for public works projects, subject to specified conditions.

(Died in Assembly Consumer Protection, Government Efficiency and Economic Development Committee)

AB 786* (Machado-D) State seal

Authorizes the California Sesquicentennial Commission to enter into an agreement to use the Great Seal of the State for officially sanctioned products of the California Sesquicentennial celebration as approved by the commission.

Chapter 133, Statutes of 1998

AB 835 (Wright-D) State contracts: bidder preferences and incentives

Makes a number of technical and substantive changes to the bidder preference programs within the Enterprise Zone and the Target Area Contract Preference to increase small business participation in public contracting. Authorizes a state agency to award contracts up to $49,999 without the State Department of General Services approval, when contracting with a small business for goods and services.

Chapter 1030, Statutes of 1998

Similar legislation was SB 937 (Polanco-D), which died in the Assembly Appropriations Committee; AB 1664 (Murray-D), which was vetoed by the Governor; AB 2405 (Leach-R), Chapter 917, Statutes of 1998; AB 2505 (Olberg-R), Chapter 821, Statutes of 1998; and AB 2605 (Bowen-D, which failed passage in Senate Governmental Organization Committee.

AB 879 (Baca-D) Public contracts

Requires an awarding department, publicizing bids for public contracts, to ensure that the advertising for bids includes effective communication and outreach to prospective bidders that qualify as minority and women business enterprises.

(Died in Assembly Utilities and Commissions Committee)

AB 888 (Aroner-D) State contracts: Burma

Prohibits the State of California or any state contractor, as a condition of doing business with the State of California, from also doing business with the military regime of Burma or any entity doing business with Burma.

(Failed passage in Assembly International Trade and Development Committee)

AB 889 (Gallegos-D) State contracts: Budget delays

Deletes provisions of existing law prohibiting specified state contractors from receiving late payment penalties due to delayed enactment of the state budget. States the intent of the Legislature that, in years when there is a delay of more than 15 days beyond the constitutional deadline for enactment of the budget, the Legislature shall enact an interim budget for limited purpose of meeting obligations to vendors, as specified.

(Died in Senate Governmental Organization Committee)

AB 894 (Napolitano-D) Trade and Commerce Agency

Reorganizes the Trade and Commerce Agency into four major divisions: the Division of International Trade and Investment, the Division of Economic Development, the Division of Economic Research and Strategic Initiatives, and the Office of Tourism.

(Died on Senate Inactive File)

AB 1021 (Caldera-D) Korean American Museum

Makes legislative findings and declarations as to the size and contributions of the Korean American population, the history and importance of the Museum to the City of Los Angeles, state and nation, and the public/private efforts to secure funding. Provides that state funding for the Korean American Museum is contingent upon funding provided in the Budget Act of 1998.

Chapter 884, Statutes of 1998

AB 1092 (Goldsmith-R) Subletting and Subcontracting Fair Practices Act

Provides that any information requested by the entity taking bids concerning any subcontractor who the prime contractor is required to list, other than the subcontractor's name and location of business, may be submitted by the prime contractor up to 24 hours after the deadline established by that entity for receipt of bids by prime contractors. Authorizes a state or local agency to implement this provision at its option. Requires the entity taking bids to set forth in the bid invitation a date and time for closing of submission of bids by prime contractors, which shall be extended by no less than 72 hours in the event that entity issues any material changes, additions, or deletions to the invitation later than 72 hours prior to the bid.

Chapter 1010, Statutes of 1998

AB 1111 (Martinez-D) Bid announcements: criteria and specifications

Requires a public entity, in awarding a contract pursuant to a public bidding process, to accept the lowest responsible bid that most closely follows the criteria or specifications, or both, contained within the announcement for bids, or reject all bids and initiate a new announcement, containing new criteria or specifications, or both, and a new bidding process.

(Died in Assembly Consumer Protection, Government Efficiency and Economic Development Committee)

AB 1136 (Wildman-D) Design-Build Procurement Act

Requires all state and local public entities which have been granted authority to utilize "design-build" for public works projects, to prepare and deliver a report to the Legislature before December 31, 2001 which includes specified information on each public works project procured through the design-build process completed on or after December 31, 1996.

Vetoed by the Governor

Similar legislation was SB 776 (Johannessen-R), Chapter 252, Statutes of 1998; AB 774 (Morrow-R), which died in Assembly Consumer Protection, Government Efficiency and Economic Development Committee; AB 893 (Leach-R), which failed passage in Assembly Transportation Committee; and AB 2044 (Goldsmith-R), which died in Senate Appropriations Committee.

AB 1170 (Kaloogian-R) State regulatory agencies created by statutes: review

Requires the Bureau of State Audits to conduct a performance audit of virtually every state agency by January 1, 2004, as specified.

(Died in Assembly Appropriations Committee)

AB 1291* (Strom-Martin-D) State firefighters: memorandum of understanding

Subject to a memorandum of understanding being reached between the Governor and State Bargaining Unit 8 and the Legislature, appropriates to the State Controller funds sufficient to provide all state employees represented by State Bargaining Unit 8 (state firefighters), and their corresponding supervisors and managers, up to a 15% salary increase retroactive to March 1, 1998. Makes various findings and declarations regarding state firefighters, including, but not limited to, state firefighter training requirements, work hours, and the loss of employees to higher paying departments because the salaries of the State Department of Forestry and Fire Protection firefighters are as much as 40% less than other firefighters performing similar tasks.

Chapter 1024, Statutes of 1998

Similar legislation was SB 2018 (Polanco-D), which died on the Assembly Third Reading File; SB 2083 (Brulte-R), which died on the Assembly Third Reading File; and AB 2462 (Villaraigosa-D), which died on the Senate Third Reading File.

AB 1345* (Alquist-D) Year 2000 Problem Vendor Compliance and Contracting Act

Enacts the Year 2000 (Y2K) Problem Vendor Compliance and Contracting Act to establish a state policy requiring contractors doing business with the state to correct this problem in their computer programs and to require state agencies to take specified actions to ensure Y2K program compliance. Authorizes sanctions against contractors or individuals for providing false information and authorizes the State Department of General Services to determine the eligibility of any person who appears on the list to enter into a contract.

Vetoed by the Governor

AB 1383 (Aroner-D) Private activity bonds

Requires the California Debt Limit Allocation Committee to allocate at least 85% of the state ceiling for housing and not more than ten percent of state ceiling for exempt facilities, as specified.

(Died in Assembly Banking and Finance Committee)

AB 1393 (Alquist-D) State and local government: performance audits

Requires state agencies to conduct a performance audit within 4 years of the effective date of this bill, as specified.

(Died in Assembly Appropriations Committee)

AB 1396 (Alquist-D) Child support: state agencies: contracts

Declares that it is the policy of this state that anyone who benefits financially from or through the state shall be in compliance with his or her court-ordered child support obligations. Requires that every written contract in excess of $100,000 entered into between a contractor and a state agency contain certain acknowledgments by the contractor regarding (1) the policy of the state regarding the importance of child and family support obligations, and (2) a statement of compliance with all earnings assignment orders.

Chapter 899, Statutes of 1998

Similar legislation was AB 1630 (Sweeney-R) and AB 1682 (Ortiz), both of which were vetoed by the Governor.

AB 1497 (Brown-D) State agencies: leasing real property

Increases from $24,000 to $50,000 the maximum annual dollar amount of rental payments that a state agency may commit itself to for the use of storage, warehouse, or office space. Consistent with existing law, this increased authority will only be available to agencies that are delegated this authority by the State Department of General Services.

(Died in Senate Governmental Organization Committee)

AB 1533 (Perata-D) State buildings: display of name or logos

Prohibits the permanent display of the name or logo of a private commercial enterprise on any state building or on any marker on state property, as specified.

(Died in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)

AB 1585 (Aroner-D) State government

Extends for two years, until March 15, 1999, the Temporary Emergency Shelter Program in California armories located in the counties of Butte, Imperial, Los Angeles, Marin, Merced, Orange, Placer, Riverside, San Diego, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta, Sonoma, and Ventura.

(Died on Assembly Inactive File)

AB 1637 (Aguiar-R) Administrative costs: state government

Requires a state agency that receives federal funds to ensure that indirect administrative costs do not exceed five percent of the funds.

(Died on Assembly Third Reading File)

AB 1664 (Murray-D) State contracts: participation goals

Provides for statewide participation goals of not less than 30% for small business enterprises with respect to professional bond services and state contracts, generally. Defines "Small business enterprise" as having the same meaning as "small-business concern" under specified federal law. Authorizes a local agency to establish incentive programs to encourage participation in the contracting process by small business enterprises.

Vetoed by the Governor

AB 1666 (Alquist-D) Child support: state agencies: contracts

Requires every written contract between a contractor and a public entity to include a provision certifying that the contractor is in compliance with state and federal law as it pertains to specified child support enforcement requirements.

(Died in Assembly Judiciary Committee)

AB 1679 (Perata-D) State funds: investments

Prohibits, after January 1, 1999, state trust fund and state money investments in tobacco companies. Requires a phased divestment of those investments beginning January 1, 2000, and continuing thereafter until January 1, 2002, by each governing board or state agency administering state trust funds. Provides for indemnification from the General Fund by the state for present and former members of the governing board of any state trust fund, present and former Regents of the University of California, officers and employees of the state or of the university, and investment managers under contract with the state or the university from all claims, demands, suits, actions, damages, judgments, and other costs, charges, and expenses sustained by them at any time by reason of any decision to restrict, reduce, or eliminate investments in tobacco companies.

(Died in Assembly Public Employees, Retirement and Social Security Committee)

AB 1690 (Prenter-R) Vehicles: Department of Motor Vehicles

Requires the State Department of Motor Vehicles, with respect to every office of the department that is open to the public, to open those offices on Saturdays for eight hours to provide service to the public.

(Died in Assembly Transportation Committee)

AB 1744 (Knox-D) Public employee retirement system investments

Prohibits the Public Employees' Retirement System (PERS) and the State Teachers' Retirement System (STRS) from investing trust funds in tobacco companies (i.e., business entities with more than ten percent of gross revenue from tobacco products, more than ten percent of its personnel involved in tobacco products, or more than ten percent of business activities in tobacco products). Specifies PERS and STRS must not make any additional or new investments or renew existing investments in any tobacco company on or after January 1, 1999, and requires that the divestment be phased in over three years, with a reduction of one-third of current holdings annually beginning January 1, 2000, and continuing until January 1, 2002.

(Died in Assembly Appropriations Committee)

AB 1773 (Leach-R) Firefighter safety clothing and equipment

Appropriates $9 million from the General Fund to the State Controller to reimburse state-mandated costs for structural and wildland firefighter's safety clothing and equipment, as specified.

(Died in Senate Appropriations Committee)

AB 1777 (Assembly Labor And Employment Committee) State leases: requirements

Stipulates that any lease of property by a state agency (including the Legislature and the California State University) for storage, warehouse, or office use that is entered into or renewed on or after January 1, 1999, must require the lessor to provide, and promptly update as appropriate, certain information to the agency relating to the building owner and contracts for construction, maintenance, or other services stipulated in the lease, as specified.

(Failed passage in Senate Governmental Organization Committee)

AB 1793 (Runner-R) Libraries: Internet policy

Requires every public library that receives certain state funding and provides public access to the Internet to (a) adopt a policy regarding access by minors to the Internet by January 1, 2000, and (b) make the policy available to members of the public at every library branch.

(Died in Assembly Televising the Assembly and Information Technology Committee)

Similar legislation was AB 2350 (Frusetta-R), which died in the Assembly Televising the Assembly and Information Technology Committee.

AB 1838 (Kuykendall-R) Prisoner-of-War/Missing-in-Action Flag

Requires the Prisoner-of-War/Missing-in-Action (POW/MIA) flag to be flown over specified public buildings on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day. Requires the flag to be flown at the Vietnam Veterans Memorial on the grounds of the State Capitol. Limits the requirement that the POW/MIA flag be flown to the extent that it is structurally feasible, during business hours, and at locations where the U.S. flag and the California state flag currently fly.

Chapter 569, Statutes of 1998

Similar legislation was ACR 97 (Baca-D), Resolution Chapter 88, Statutes of 1998.

AB 1859 (Ackerman-R) Public works: insurance and surety requirements

Authorizes state agencies to use "owner-controlled or wrap-up insurance" programs for certain public works projects under the same conditions and standards as are presently available to public agencies.

Chapter 679, Statutes of 1998

AB 1880 (Papan-D) Department of Transportation: property transfer

Requires the State Department of Transportation to transfer certain described state-owned property to the City of Pacifica, at not cost, to enable that city to implement the San Pedro Creek Flood Mitigation Project.

Chapter 561, Statutes of 1998

AB 1886 (Thompson-R) Public libraries: videos

Requires public libraries that receive specified state funds and provide public access to motion picture videotapes to adopt, by January 1, 2000, a policy regarding access by minors to motion picture videotapes.

Chapter 462, Statutes of 1998

AB 1912 (Ashburn-R) Attorneys' fees: prevailing public entities

Permits the court to award attorneys' fees to a public entity if the public entity is the prevailing party in an action and if the court finds that an award is appropriate in the interest of justice.

(Failed passage in Assembly Judiciary Committee)

Similar legislation was AB 1462 (Morrow-R), which died in the Assembly Judiciary Committee.

AB 1920 (Wildman-D) Libraries: joint use

Creates the School and Library Partnership Act of 1998, a program to provide grants to school districts that jointly use libraries with other public entities ("joint-use libraries").

(Died on Senate Inactive File)

AB 1953 (Baca-D) Public holidays: Native American Day

Designates the fourth Friday in September as "Native American Day," and makes that day a state holiday.

Chapter 637, Statutes of 1998

AB 1963* (Aguiar-R) State-mandated local costs: reimbursement

Makes changes in the calendar of the Commission on State Mandates, and provides an alternative process for the resolution of claims before the Commission.

Chapter 681, Statutes of 1998

AB 1974 (Campbell-R) Emergency telephone systems: cellular service providers

Requires the Communications Division within the State Department of General Services to coordinate the implementation of local 911 emergency services pursuant to the act for cellular phone systems.

(Died in Assembly Governmental Organization Committee)

AB 2012* (Keeley-D) Public records: Political Reform Act of 1974

Requires that information produced from a public record be made available to the public. Requires that information produced from the reports and statements also be a public record.

(Died in Assembly Governmental Organization Committee)

AB 2042 (Goldsmith-R) Public works: stop notices

Clarifies that a public agency may satisfy its duty to withhold funds pursuant to a stop notice, by refusing to release money held in escrow.

Chapter 111, Statutes of 1998

AB 2046 (Goldsmith-R) False claims actions: plaintiffs

Authorizes a court in a false claims action to award a prevailing defendant its reasonable attorneys' fees and expenses if the court finds that the claim brought by the state or a political subdivision was clearly frivolous, clearly vexatious, or brought solely for purposes of harassment.

Chapter 154, Statutes of 1998

AB 2049 (Firestone-R) Validating proceedings

Revises the notice requirement for a validation proceeding in order to provide the public with more information as to the subject of the proceeding and their right to respond without fear of retaliation by the public agency.

Chapter 529, Statutes of 1998

AB 2052 (Firestone-R) California Debt and Investment Advisory Commission

Requires the nine-member California Debt and Investment Advisory Commission to make public all state and local debt information, and makes other technical changes.

Chapter 470, Statutes of 1998

AB 2064 (Morrissey-R) State payments: interest: enactment of annual Budget Act

Provides that, if the annual Budget Act is not enacted on or before July 1 of any fiscal year, any vendor or contractor who contracted with the state for the provision of equipment, materials, services, or supplies prior to that July 1, who has performed in whole or in part on the contract and is thereby due payment under that contract and is not paid because the Budget Act has not been enacted, shall receive interest on the amount of the payment due, and would set forth the rate at which interest would accrue. Requires the State Controller, if the annual Budget Act is not enacted on or before July 1 of any fiscal year, to calculate, and draw warrants on the State Treasurer for, interest on the amount of the salary or wage due to a state employee, including an employee of the Legislature, that is not paid because the Budget Act has not been enacted, and would set forth the rate at which interest would accrue.

(Motion to withdraw from Assembly Consumer Protection, Government Efficiency and Economic Development Committee failed passage.)

AB 2084 (Miller-R) Public works contracts

Makes several changes to the laws governing public works contracts, including increasing bonding requirements and shortening various time frames in the law.

Chapter 857, Statutes of 1998

AB 2095 (Ackerman-R) Governmental tort liability

Among other things, provides that in any action for personal injury, property damage, or wrongful death based upon principles of comparative fault in which a public entity or employee is a defendant or cross-defendant, the public entity or employee shall be liable only for that amount of economic damages allocated to that defendant in direct proportion to the public entity's or employee's percentage of fault, and a separate judgment shall be rendered against that defendant for that amount, as specified.

(Died in Assembly Judiciary Committee)

AB 2128* (Takasugi-R) Issuance of bonds: securities

Makes substantial changes to the California Development Financing Act and the California Health Facilities Finance Authority Act. Amends provisions of the law relating to the deposit of funds by local agencies with depositories.

Chapter 1035, Statutes of 1998

Similar legislation was SB 1775 (Rainey-R), which was vetoed by the Governor.

AB 2179 (Thomson-D) State agencies: ethics orientation

Requires that each state agency, bureau, board or commission offers an orientation course on the relevant ethics statutes and regulations that govern the official conduct of state officials, and requires certain agency members, officers and specified employees attend the orientation course.

Chapter 364, Statutes of 1998

AB 2206 (Floyd-D) Local emergency telephone systems

Adds a local representative from a city and a county to the list of departments, offices, and entities with which the Communications Division of the State Department of General Services is directed to consult at regular intervals with respect to 911 telephone service.

(Died in Senate Rules Committee)

AB 2217* (Villaraigosa-D) California Arts Council: appropriation

Appropriates $2.5 million to the California Arts Council to be allocated to the Simon Weisenthal Center Museum of Tolerance.

Chapter 951, Statutes of 1998

AB 2234 (Escutia-D) State contracts

Makes specified suspensions for those bidding on certain state contracts mandatory rather than permissive. Provides that prior to the issuance to a bidder of a suspension (for up to three years) from bidding upon, or being awarded a state contract as described, the state agency in addition to other described factors, must consider "any exculpatory information provided by the person in question."

(Failed passage in Senate Governmental Organization Committee)

AB 2275 (Kuykendall-R) State contracts: claims against the state

Repeals, recasts and modifies existing provisions of the California Prompt Payment Act (AB 170 (Papan), Chapter 360, Statutes of 1997), to guarantee timely payment of state vendors by requiring that in order to avoid late payment penalties, all state agencies, regardless of size, will promptly pay undisputed invoices when submitted within 45 days, as specified. The provisions of this bill are substantially similar to AB 170 (Papan). Specifies that in the event a state agency fails to make timely payment because no Budget Act has been enacted, penalties shall continue to assure, until the time the invoice is paid, except as it relates to nonprofit public benefit corporations.

Chapter 916, Statutes of 1998

Similar legislation was SB 937 (Polanco-D), which died in Assembly Appropriations Committee.

AB 2288 (Baldwin-R) State-mandated local programs

Sunsets all legislation enacted in the 1999-00 session, or later, which imposes a local mandate after six years. Exempt from this automatic sunset will be any bill that creates a new crime, changes an existing definition of a crime, or changes the penalty for a crime. Requires the Legislative Analyst to report, after five-years, on all bills scheduled for sunset.

(Died in Assembly Appropriations Committee)

AB 2349 (Pringle-R) State finances

Declares the intent of the Legislature to provide a specific mechanism to facilitate the early resolution of budget shortfalls. Requires the director of the State Department of Finance to determine the amount of any significant fiscal variance in General Fund revenues and report that fact to the Governor and the Legislature by January 10 of each year. Requires the Governor to propose legislation to offset the variation in the current fiscal year.

(Died in Assembly Consumer Protection, Government Efficiency and Economic Development Committee)

AB 2357 (Olberg-R) State trust funds: investments

Prohibits various retirement funds from making new investments in any business firm that writes, records, or produces any song or musical work with lyrics that promote specified criminal acts. Requires a phased divestment in these companies beginning January 1, 2000 and continuing through January 1, 2002.

(Died in Assembly Public Employees, Retirement and Social Security Committee)

AB 2361 (House-R) District agricultural associations: salaries

Allows the board of directors of a district agricultural association (DAA), after a review by the State Department of Food and Agriculture and the State Department of Personnel Administration, to establish and adjust the salaries for the secretary, manager and treasurer of a DAA.

(Failed passage in Assembly Appropriations Committee)

AB 2362 (McClintock-R) State of California: official state tartan

Finds and declares that many Californians of Scottish, Irish, and other Celtic descent have made major contributions to the development of California, and the state's natural splendor and history have been symbolized by the pattern and colors of a set based on the family tartan of John Muir, but with sufficient originality as to be independently recordable with the Scottish Tartan Authority as a unique tartan. Designates an official State Tartan, and describes its pattern or set, colors, and weave code.

(Died in Assembly Governmental Organization Committee)

Similar legislation was ACR 93 (McClintock-R), Resolution Chapter 19, Statutes of 1998.

AB 2405 (Leach-R) Small business contracts

Requires the small business advocate in the State Department of General Services to provide specified services in assisting small businesses, and requires each state agency to designate a small business advocate as a resource to small business suppliers by performing specified duties. Authorizes state agencies to apply certain considerations to small business awards.

Chapter 917, Statutes of 1998

Similar legislation was AB 835, (Wright-D), Chapter 1030, Statutes of 1998; AB 1664 (Murray-D), which was vetoed by the Governor; AB 2505 (Olberg-R), Chapter 821, Statutes of 1998; and AB 2605 (Bowen-R), which failed passage in Senate Governmental Organization Committee.

AB 2418 (Olberg-R) Volunteers: seniors

Prohibits state and local agencies from discriminating against individuals 60 years or older who are interested in providing volunteer services, as specified.

Chapter 188, Statutes of 1998

AB 2432 (Bowen-D) State buildings and publicly funded schools: standards

Requires all new state public buildings for which design and construction begins after January 1, 2000, except publicly funded schools or the University of California or the California State University, to exceed the minimum building energy-efficiency standards mandated by the California Building Code. Requires all state office buildings for which construction begins after June 30, 2000, that are used in whole or part for state offices to follow "green building standards", as specified, and requires the California Integrated Waste Management Board to promulgate regulations for same by January 1, 2000. Requires all existing state public buildings, except school buildings, when renovated or remodeled, be retrofitted with all energy efficiency measures, materials, and devices that are feasible and cost-effective.

Enrolled.

AB 2435 (Oller-R) Public entities: expenditure of public moneys: initiatives

Prohibits public officials at both the state and local level from expending public moneys to bring legal action to enjoin, invalidate, or otherwise prevent initiative or referendum measures either from being placed on the ballot for consideration by the voters or from being implemented after they have been approved by the voters. Declares that preventing public agencies at all levels of government from abrogating the powers and rights of the public in voting for and approving initiative and referendum measures is a matter of statewide concern.

(Died in Assembly Elections, Reapportionment and Constitutional Amendments Committee)

AB 2448 (Bowler-R) Social security account numbers

Requires any state or local agency having access to the social security account number of a defendant for whom a bench warrant of arrest has issued for failure to appear in court, and who has failed to pay any fine or forfeiture, upon request, to provide to the court the social security account number of the defendant for purposes of assisting the court in collecting the delinquent fine or forfeiture.

(Died in Assembly Public Safety Committee)

AB 2459 (Campbell-R) Property: state leases and acquisitions

Provides the State Department of General Services with greater authority to delegate certain leasing activity and expands its authority in certain real property transactions, as specified.

Chapter 597, Statutes of 1998

AB 2503 (Goldsmith-R) State agencies: continuation

States that every state agency that existed prior to January 1, 1998, is abolished on January 1, 2005, unless the Legislature authorizes continuation of the agency prior to that date by statute. Does not apply to any agency directly administered by an elected state officer, as defined in the California Constitution, or by an agency or governing board established by the California Constitution.

(Died in Assembly Consumer Protection, Government Efficiency and Economic Development Committee)

AB 2505 (Olberg-R) State contracts

Redefines small business and manufacturer for purposes of the Small Business Procurement and Contract Act.

Chapter 821, Statutes of 1998

AB 2535 (Hertzberg-D) State Contract Act: eligibility of contractors

Disqualifies foreign business entities convicted of specified felonies from bidding on state contracts, as specified.

(Died in Assembly Consumer Protection, Government Efficiency and Economic Development Committee)

AB 2564 (Wildman-D) Sale of surplus government land: school districts

Requires public agencies selling surplus land to a school district to sell the land at a price that does not exceed its acquisition cost, adjusted for inflation and any improvements made to the land. Provides that in no event shall the purchase price of the land be less than 25% of the fair market value of the property or less than the amount of local bonded indebtedness on the property.

Vetoed by the Governor

AB 2605 (Bowen-D) Accountability and State Procurement Improvement Act

Enacts the Accountability and State Procurement Improvement Act, which sets forth a scheme for the state's acquisition process with respect to goods and services. Requires the State Department of General Services to implement its provisions, and prescribes the duties and the authority of the department and state agencies generally in acquisition planning, competition and source selection, solicitation frameworks, contract awards and management, continuous performance improvement, and related support services.

(Failed passage in Senate Governmental Organization Committee)

AB 2607 (Scott-D) Public records: fees

Makes copies of specified law enforcement records available, upon payment of the actual cost of providing the records, when the records are requested for a commercial purpose. Caps the fee that may be charged at $16 per hour for a maximum of three hours. Requires law enforcement agencies subject to this bill to provide a copy of an electronic record in the form requested, if that form is used by the agency, unless it is not reasonable to do so.

(Died in Assembly Governmental Organization Committee)

AB 2625 (Richter-R) Training in government

Establishes the California Representative Government Institute in state government to develop and carry out a program of continuing education and training for incoming and currently serving Members of the Legislature, administrative appointees, and business and academic leaders.

(Failed passage in Assembly Rules Committee)

AB 2739 (Mazzoni-D) Public contracts: responsible bidder

Defines the term "responsible bidder" for purposes of the Public Contract Code and authorizes a public entity to require each prospective bidder for a contract to complete and submit to the entity a standardized questionnaire and financial statement. Requires, with a specified exception, any public entity requiring standard questionnaires and financial statements to adopt and apply a uniform system of rating bidders on the basis of standard questionnaires and financial statements. Requires the State Department of Industrial Relations, in collaboration with affected agencies and interested parties, to develop and draft the standardized questionnaire and to develop guidelines for rating bidders.

 

Vetoed by the Governor

AB 2756 (Assembly Agriculture Committee) Purchasing delegation program

Allows the State Department of General Services, in conjunction with the State Department of Food and Agriculture, to delegate purchasing authorities for individual district agricultural associations higher or lower than the $15,000 benchmark allowed under current law. The Division of Fairs and Expositions will be required to annually report to the Joint Committee on Fairs Allocation and Classification as to what levels of delegation are requested and granted to each agricultural association.

Chapter 535, Statutes of 1998

AB 2775* (Assembly Budget Committee) Claims against the state: appropriation

Appropriates $802,980.35 from various funds and accounts of the state to the State Board of Control's (BOC) Executive Officer to pay 183 claims approved by the BOC during the period December 1, 1997 through March 31, 1998.

Chapter 304, Statutes of 1998

Similar legislation was SB 1517 (Senate Appropriations Committee), Chapter 955, Statutes of 1998; and AB 2776 (Assembly Budget Committee), Chapter 94, Statutes of 1998.

AB 2776* (Assembly Budget Committee) Claims against the state: appropriation

Appropriates up to $338,534,511 from the General Fund, in the 1998-99 fiscal year to the State Board of Control to pay the Public Employees' Retirement System for back interest earnings.

Chapter 94, Statutes of 1998 - Item Veto

The Governor Item Vetoed $5,493,805 from the bill.

AB 2782 (Keeley-D) State Appropriations: Budget Act of 1998

Appropriates $11,100,000 from the General Fund for local Food Banks; preservation and restoration of the Leland Stanford Mansion state historic park; restoration of the Po Pico Governor's residence state historic park; North Coast Rail Authority; Cloverdale Senior Citizens Center; purchase of the Bombay parcel for the completion of the Santa Cruz County Greenbelt project, as specified.

Chapter 953, Statutes of 1998

AB 2814 (Papan-D) Public officials appointed by the Governor

Extends to public officials appointed by the Governor the prohibitions against the making or participating in the making of, or the use of an official position to influence, governmental decisions, as specified, where the public official knows or has reason to know that he or she has a financial interest, as specified.

(Died in Assembly Elections, Reapportionment and Constitutional Amendments Committee)

ACA 3 (Murray-D) Civil rights

Repeals existing law which provides that the state may not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. Enacts the California Civil Rights Initiative of 1998, which would provides that the state may take all actions, including the creation and implementation of any programs it deems necessary, designed to promote and enhance equal access and opportunities for public education, public employment, and public contracting, as specified.

(Died in Assembly Judiciary Committee)

ACA 12 (Alquist-D) State government: borrowing

Prohibits the state from using any permissible borrowing mechanism that does not require approval of the voters to incur an indebtedness beyond the term of the state budget that is in effect at the time that the indebtedness is incurred.

(Died in Assembly Budget and Finance Committee)

ACA 16 (Goldsmith-R) Lieutenant Governor

Eliminates the authority of the Lieutenant Governor to act as Governor when the Governor is absent from the state.

(Failed passage in Assembly Governmental Organization Committee)

Similar legislation was ACA 31 (Firestone-R), which failed passage in Assembly Governmental Organization Committee.

ACA 24 (Baca-D) Free exercise of religion

Prohibits the state or any political subdivision of the state from substantially burdening a person's exercise of religion, even if the burden results from a rule of general applicability, unless the state or political subdivision of the state demonstrates that application of the burden to the person is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.

(Died in Assembly Judiciary Committee)

Similar legislation was AJR 34 (Baca-D), which was refused adoption on the Senate Floor.

ACA 31 (Firestone-R) Elections: Governor and Lieutenant Governor

Amends the California Constitution by (1) eliminating the primary election for the office of Lieutenant Governor and (2) allowing each candidate for the office of Governor in the general election to select a running mate. Eliminates the authority of the Lieutenant Governor to act as Governor when the Governor is absent from the state. Makes its provisions applicable to elections held in 2006.

(Failed passage in Assembly Governmental Organization Committee)

Similar legislation was ACA 16 (Goldsmith-R), which failed passage in the Assembly Governmental Organization Committee.

ACA 40 (Prenter-R) State officers: salary adjustment or compensation

Prohibits that portion of a California Citizens Compensation Commission (CCCC) resolution adjusting the annual salary of a state officer by an amount that exceeds 5% of the officer's current salary from taking effect unless it is submitted to the electors and approved by a majority of votes at the next General Election following adoption of the resolution. Deletes language tying the compensation of CCCC members to the compensation of members of the Fair Political Practices Commission, and instead compensates CCCC members $100 for each day the member engages in official duties.

(Failed passage in Assembly Governmental Organization Committee)

ACR 80 (Aguiar-R) State chaplains

Commends the 40 years of work and effort by the California state chaplains and their professional association, the Associated Chaplains in California State Service, for its continued efforts to bring the various faith communities together and to assist the state departments in their mission to effect rehabilitation, guidance, and service to those entrusted to their care.

Resolution Chapter 27, Statutes of 1998

ACR 85 (Wildman-D) 100th anniversary of Philippine Independence

Extends special congratulations to Filipino-American communities throughout California upon the occasion of the 100th anniversary of Philippine Independence from Spain, and conveys to these communities best wishes for continued success in the coming years.

Resolution Chapter 9, Statutes of 1998

ACR 86 (Machado-D) Boy Scouts of America: anniversary

Recognizes the anniversary of the Boy Scouts of America on February 8, 1998, and designates the week of February 8 through 14 as "Boy Scouts of America Week."

Resolution Chapter 3, Statutes of 1998

ACR 87 (Papan-D) American Flag Month

Declares the 30 days from June 14, 1998, to July 14, 1998, inclusive, as American Flag Month in the State of California.

Resolution Chapter 75, Statutes of 1998

ACR 89 (Machado-D) National Boys and Girls Club Week

Proclaims April 19, 1998, through April 24, 1998, as National Boys and Girls Club Week.

Resolution Chapter 18, Statutes of 1998

ACR 90 (Kaloogian-R) Day of Remembrance

Declares February 19, 1998, as a Day of Remembrance in order to increase public awareness of the events surrounding the internment of Japanese Americans during World War II.

Resolution Chapter 9, Statutes of 1998

ACR 91 (Papan-D) European American Heritage Month

Recognizes the month of October 1998 as European American Heritage Month.

Resolution Chapter 143, Statutes of 1998

ACR 93 (McClintock-R) Scottish Tartan Day

Declares April 6, 1998, and every April 6th thereafter as Scottish Tartan Day.

Resolution Chapter 19, Statutes of 1998

Similar legislation was AB 2362 (McClintock-R), which died in the Assembly Governmental Organization Committee.

ACR 97 (Baca-D) POW/MIA flag

Requests all state agencies that fly the United States and California flags to fly the POW/MIA flag on specified holidays.

Resolution Chapter 88, Statutes of 1998

Similar legislation was AB 2838 (Kuykendall-R), Chapter 569, Statutes of 1998.

ACR 98 (Baca-D) Native Americans Awareness Day

Recognizes the 4th Friday in September as Native Americans Awareness Day.

Resolution Chapter 98, Statutes of 1998

Similar legislation was AB 1953 (Baca-D), Chapter 637, Statutes of 1998; and ACR 102 (Papan-D), which died in Assembly Rules Committee.

ACR 102 (Papan-D) Native American Recognition Day

Recognizes October 25, 1998, as Native American Recognition Day.

(Died in Assembly Rules Committee)

Similar legislation was AB 1953 (Baca-D), Chapter 637, Statutes of 1998; and ACR 98 (Baca-D), Resolution Chapter 98, Statutes of 1998.

ACR 107 (Oller-R) California State Gold Panning Championship

Proclaims and certifies the California State Gold Panning Championship as an official state event.

Resolution Chapter 138, Statutes of 1998

ACR 116 (Wildman-D) National Service and Volunteer Week

Acknowledges the week of April 12 through April 18, 1998, as National Service and Volunteer Week.

(Died in Senate Rules Committee)

ACR 124 (Baca-D) Cinco de Mayo

Calls on all the people of California to celebrate and recognize May 5 as Cinco de Mayo.

Resolution Chapter 43, Statutes of 1998

ACR 130 (Oller-R) World Gold Panning Championships

Proclaims and certifies the 1998 World Gold Panning Championships as an official state event.

Resolution Chapter 139, Statutes of 1998

ACR 136 (Davis-D) California Holocaust Memorial Week

Designates the week of April 19 through April 25, 1998, as California Holocaust Memorial Week, and urges Californians to observe these days of remembrance for the victims of the Holocaust in an appropriate manner.

Resolution Chapter 33, Statutes of 1998

ACR 144 (Thomson-D) Camp Fire Boys and Girls

Congratulates the Camp Fire Boys and Girls and recognizes May 1998 as Camp Fire Boys and Girls Month.

Resolution Chapter 67, Statutes of 1998

ACR 170 (Wildman-D) Grandchildren's Week

Proclaims the week of June 22, 1998 to June 28, 1998, as Grandchildren's Week in California.

(Died in Senate Rules Committee)

ACR 174 (Strom-Martin-D) Women's rights movement

Calls upon educators, government officials, and all California citizens to mark the 150th anniversary of the women's rights movement in the United States with appropriate programs, ceremonies, and activities.

Resolution Chapter 136, Statutes of 1998

ACR 183 (Torlakson-D) Italian-American Wartime Internment Remembrance Week

Designates the second week of October of every year as "Italian-American Wartime Internment Remembrance Week."

Resolution Chapter 175, Statutes of 1998

ACR 186 (Alquist-D) State personnel administration: Year 2000 Problem

Memorializes the state chief information officer and the State Department of Information Technology to address issues relating to the administration by state departments and agencies of vacation credits of state employees who are working on Year 2000 projects.

Resolution Chapter 177, Statutes of 1998

ACR 189 (Frusetta-R) Cowboy Appreciation Month

Proclaims September 1998, as Cowboy Appreciation Month.

Resolution Chapter 180, Statutes of 1998

HR 57 (Cardenas-D) Commemorating the birthday of Caesar Chavez

Recognizes March 31, 1998, as the anniversary of the birth of Caesar Chavez, and calls upon all Californians to participate in appropriate observances to remember Caesar Chavez as a symbol of hope and justice to all citizens.

Adopted by the Assembly

HR 59 (Strom-Martin-D) National TV-Turnoff Week

Encourages all Californians to participate in National TV-Turnoff Week during the week of April 22 through 28, 1998.

Adopted by the Assembly

HR 61 (Floyd-D) POW/MIA Flag

Requests the Governor to ensure that the POW/MIA Flag is flown on Armed Forces Day, the third Saturday in May; Memorial Day, the last Monday in May; Flag Day, June 14; Independence Day, July 4; National POW/MIA Recognition Day, the third Friday in September; and Veterans Day, November 11, over each state building and all state-owned grounds, including each public building belonging to the state, at the entrance and exit of every state park, at the entrance or upon the grounds of each campus of the University of California, at the entrance or upon the grounds of or upon the administration building of every state university and college, and public high school and elementary school, upon or at every agricultural inspection station just inside California and located on every highway leading into California, and at the entrance of or within every state highway maintenance station where personnel reside or are on duty at the time necessary to raise and lower the flag.

(Died in Assembly Rules Committee)

Local Government

SB 11* (Brulte-R) Citizen's Option for Public Safety Program

Instructs the State Controller to disburse Citizen's Option for Public Safety Program (COPS) monies, upon request of an individual county or city and county which has established a Supplemental Law Enforcement Services Fund and a Supplemental Law Enforcement Oversight Committee (SLEOC) for the 1997-98 fiscal year no later than September 15, 1997. Makes changes to the COPS program and changes the monthly reporting requirement by the treasurer of each recipient entity to a quarterly report, and gives the SLEOC more oversight functions.

(Died in Senate Appropriations Committee)

SB 14 (Polanco-D) Local government regulation of leaf blowers

Establishes limitations on the authority of local governments to regulate the use of leaf blowers, including prohibiting cities and counties from establishing noise limitations on leaf blowers emitting a noise level of 65 decibels or less, measured at a distance of 50 feet in accordance with standards established by the American National Standard Institute. Provides that no city, county, or city and county may prohibit use of leaf blowers except between the hours of 6 p.m. and 8 a.m. on weekdays, and 5 p.m. and 9 a.m. on weekends.

(Died in Senate Environmental Quality Committee)

Similar legislation was SB 1651 (Polanco-D), which died in Senate Appropriations Committee; and AB 392 (Cedillo-D), which died in Senate Environmental Quality Committee.

SB 22 (Johnson-R) Elective county offices: term limits

Permits voters to impose prospective term limits upon any elective nonjudicial county office, including, but not limited to, district attorneys, assessors, clerk-recorders, and sheriffs. Allows these term limit proposals to be placed on the ballot by the county board of supervisors or by the voters through the initiative process and, in either case, specifies that the proposals cannot become operative until approved at a regular election. Permits repeal of these term limits upon voter approval.

(Failed passage in Senate Elections and Reapportionment Committee)

SB 50* (Greene-D) Educational facilities

Allows school developer fees to rise under three conditions. Suspends the Mira court decision, appropriates $160 million to subsidize school developer fees for affordable housing, and authorizes $9.2 billion in school bonds.

Chapter 407, Statutes of 1998

SB 79 (Kopp-I) Local agency contracts

Requires, with respect to harbor improvement districts, sewer maintenance districts, and county water districts, any contract for the construction, replacement, or repair of any work or improvement that is estimated to exceed $25,000 be let to the lowest responsible bidder pursuant to uniform procedures adopted by the district. Authorizes the district governing board to reject any and all bids, and specifies contracts may be let without advertising or inviting bids when any work is deemed an emergency by the district board.

(Died in Assembly Appropriations Committee)

SB 120 (Senate Local Government Committee) Third Validating Act of 1998

Validates the acts of state and local agencies by enacting the Third Validating Act of 1998, validating the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities.

Chapter 537, Statutes of 1998

SB 139 (Kopp-I) Public meetings

Makes changes to the Ralph M. Brown Act (Brown Act), including requiring that if the legislative body of a local agency has elected to meet by teleconference, at least a quorum of the members of the local agency legislative body participate in a teleconference from within the boundaries of the local agency. Allows the public agency to provide additional teleconference locations. Clarifies the Brown Act to provide that under the California Public Records Act, the public not only has a right to "inspect" public records, but also has a right to "obtain a copy."

Chapter 260, Statutes of 1998

SB 147 (Kopp-I) Local agency borrowing

Establishes conditions on the issuance of bonds under the Marks-Roos Local Bond Pooling Act of 1985.

Chapter 35, Statutes of 1998

SB 176 (Lockyer-D) Special Commission on Los Angeles Boundaries

Creates the Special Commission on Los Angeles Boundaries to determine the feasibility of detaching all or part of the San Fernando Valley from the City of Los Angeles and creating a separate city. Prohibits the Los Angeles City Council from terminating any reorganization proposal to create a new city from a portion of Los Angeles, and requires that any proposal to create such a city be subject to approval of a majority of the voters in the proposed new city and the existing City of Los Angeles, as a whole.

(Died in Senate Appropriations Committee)

SB 199 (Craven-R) County government: safety programs

Authorizes a county board of supervisors to establish safety incentive programs to encourage county officers and employees to follow recognized safety practices and to focus upon policies and activities established to reduce the incidence of occupational injury and its associated costs and to expend funds for incentives and awards for manager or employee efforts that reduce the incidence or costs of occupational injury, as specified.

(Died in Senate Local Government Committee)

SB 256 (Costa-D) Local planning

Extends the deadlines for cities and counties to revise their housing elements.

Chapter 819, Statutes of 1998

SB 258 (Kopp-I) Redevelopment

Revises redevelopment agencies' annual reporting deadlines and increases penalties for repeated failure to file financial reports.

Chapter 39, Statutes of 1998

SB 325 (Maddy-R) Vehicle License Fee Law: revenue

Requires the director of the State Department of Transportation (Caltrans), on or before July 1, 1998, to adopt standards for the prompt removal of graffiti from department-controlled real property, the maintenance of which is the responsibility of the city, county, or city and county in which that real property is located. Requires the State Controller, in any month in which he or she receives a certification from the director of Caltrans that a city, county, or city and county has failed for that month to comply with these graffiti removal standards, to postpone, for one month, the making of those revenue allocations that otherwise are required by specified statutory provisions to be made for that month to the relevant city, county, or city and county.

(Died in Senate Local Government Committee)

SB 428 (Hurtt-R) County contracts for services

Authorizes the county board of supervisors of any general law county to contract with any private entity for special services when the contract will result in a more efficient and economical service. Excludes as special services county law enforcement services that are administered and supervised by the sheriff.

(Died on Senate Inactive File)

SB 432* (Lewis-R) South Coast Air Quality Management District

Deletes a requirement that the South Coast Air Quality Management District modify the worksite employee threshold for businesses that must participate in employer-sponsored rideshare programs, deletes the Air Resources Board's mandate to make this decision by June 1, 1998, if there is no local consensus and, instead, establishes the threshold at businesses with 250 employees.

Chapter 67, Statutes of 1998

SB 460* (Kelley-R) Local health care districts

Expands, until January 1, 2001, current law provisions governing transfers of health care district assets to nonprofit corporations to allow district transfers or lease to for-profit corporations.

Chapter 18, Statutes of 1998

SB 470 (Rainey-R) Traffic enforcement in Alameda County

Enables the Alameda County Sheriff to assist the California Highway Patrol in traffic enforcement duties on county streets, roads and highways. Permits Alameda County Board of Supervisors to authorize and pay for these enforcement services, and states that the Alameda County Sheriff's traffic enforcement services are supplemental and secondary to those provided by the California Highway Patrol.

(Failed passage in Senate Local Government Committee)

SB 473 (Karnette-D) Health

Requires a county to prepare a patient care plan and conduct at least three public hearings prior to closing, transferring, or downgrading services at a county medical facility. Requires a county to abide by the results of a referendum.

Vetoed by the Governor

SB 488 (Kopp-I) Redevelopment

Revises the annual report guidelines and auditing standards for redevelopment agencies.

Chapter 40, Statutes of 1998

SB 529 (Johnson-R) Orange County property tax revenue allocation

Validates the unitary and operating nonunitary property tax apportionment and allocation errors made by Orange County from 1992-93 through 1996-97 and provides for a negotiated and agreed upon allocation process starting in 1998-99 that allocates those revenues from between the specified fire and library districts.

Chapter 412, Statutes of 1998

SB 549 (Ayala-D) San Bernardino County property tax allocations

Permits San Bernardino County and the City of Chino Hills to transfer property tax revenues from the County of San Bernardino to the City of Chino Hills if the transfer occurs between 1999-2000 to 2036-37, or any of those years; the transfer is 5.43% of the additional tax revenues generated on or after January 1, 1998 by new structures or renovations over $1 million; the transfer amount may be renegotiated; and the transfer may be terminated if any city land is included within a redevelopment agency or if the Legislature modifies the proportion of property tax revenues allocated to the county and the city.

Vetoed by the Governor

SB 637 (Calderon-D) Planning and growth limits

Allows a county board of supervisors or a city council to amend its general plan, special plan, zoning ordinance, or other land use measure that had been adopted by initiative, if the board or council finds that the amendment is reasonably necessary to implement the goals, policies, objectives, resources, or programs of the housing element of its general plan. Makes legislative findings in support of this change.

(Failed passage in Senate Housing and Land Use Committee)

SB 677 (Peace-D) County water authorities: board of directors

Allows the Board of Directors of the San Diego County Water Agency to continue a meeting of the board by a majority vote of the directors present.

(Died in Assembly Local Government Committee)

SB 730* (Alpert-D) Property tax allocation: San Diego County

Allows the San Diego County Board of Supervisors to designate additional property taxes in support of the San Diego County free library.

Vetoed by the Governor

SB 737 (Senate Budget And Fiscal Review Committee) Property tax rates

Allows a city or county to impose a higher property tax rate to make payments in support of pension programs approved by the voters before July 1, 1978, provided that the higher property tax rate is approved by two-thirds of the voters voting on that higher rate at an election.

(Died on Assembly Inactive File)

SB 847 (Thompson-D) Local Infrastructure Bond Act of 1997

Enacts the Local Infrastructure Bond Act of 1997 to be submitted to the voters, authorizing the issuance of $200 million in general obligation bonds.

(Died in Senate Appropriations Committee)

SB 854* (O'Connell-D) Local government finance

Exempts single-county transit districts from being subject to the property tax revenue shifts to the Educational Revenue Augmentation Fund, commencing with the 1998-99 fiscal year. States legislative intent that each transit district, whether located within multiple counties or entirely within a single county, be treated equally with respect to the allocation of property tax revenues essential to the preservation of adequate and quality public services. Appropriates $569,000 from the State General Fund to the State Department of Finance for allocation to community college districts for any revenue losses incurred by those districts for the 1998-99 fiscal year pursuant to this act.

(Died in Assembly Appropriations Committee)

SB 874 (Calderon-D) Public works

Requires state and selected local agencies which (1) have prepared plans and specifications to be put out to bid, and (2) subsequently decide to use the agency's own staff, to perform the work in strict accordance with the plans and specifications. Establishes a mechanism to fund reviews of local construction accounting procedures and appeals of findings made by the California Uniform Construction Cost Accounting Commission. Requires that local public entities calculate their construction costs based on specific procedures adopted by the commission.

(Died in Senate Appropriations Committee)

SB 878* (Karnette-D) Solid waste

Requires local agencies to develop a source reduction and recycling element that includes an implementation schedule that shows how the local agency will divert 25% of all solid waste from landfill or transformation facilities by January 1, 1995, and 50% by January 1, 2000, through source reduction, recycling, and composting activities. Authorizes a city, county, or regional agency to submit to the California Integrated Waste Management Board a revised source reduction and recycling element that includes diversion credit through waste to energy to be applied towards the 50% diversion requirement if specified conditions are met.

(Died in Senate Environmental Quality Committee)

SB 880* (Craven-R) Local government finance

Declares intent of the Legislature to reverse the property tax shift from cities, counties, and special districts to schools.

(Died on Assembly Inactive File)

SB 889* (Hayden-D) Local government finance

Modifies reduction and transfer requirements, commencing with the 1997-98 fiscal year, by requiring that each reduction and transfer amount calculated for a local agency in a county be annually reduced in accordance with an unspecified schedule, and that the revenues not allocated to the county's Educational Revenue Augmentation Fund as a result of these reductions be instead allocated among the local agencies in the county, as provided.

(Died in Senate Local Government Committee)

SB 906 (Lee-D) Hazardous waste management plans

Requires estimates of expected rates of hazardous waste production until 1999, rather than 1994, and requires demographics of the community within a ten-mile radius of each hazardous waste stream and facility in the county. Requires a determination of the demographics of the area surrounding each facility within a ten-mile radius, and establishes requirements for the State Department of Toxic Substances Control.

(Died in Senate Environmental Quality Committee)

SB 968 (Knight-R) Booking fees

Provides that the criminal justice administration booking fee a county is allowed to charge any person who is booked will be refunded if the person is subsequently found innocent of the charges, the case is not filed by the district attorney, or the charges are dismissed with no further action. Specifies that the arresting agency will be required to pay the refunded fee to the county.

(Died in Senate Public Safety Committee)

SB 994 (Johnson-R) Local agency debarment of contractors

Declares that suspension and revocation of contractors' licenses is a matter of statewide concern, and that the Contractors' State License Board procedures prohibit local agencies from taking direct action against a person's license or their right to bid for work. Prohibits a local agency from directly suspending, debarring, or otherwise prohibiting a person from bidding on public works or services under the Public Contract Code.

(Died in Senate Local Government Committee)

SB 1032* (Kopp-I) Local government: Broadmoor Police Protection District

Exempts the Broadmoor Police Protection District from contributing to the first Educational Revenue Augmentation Fund shift for fiscal years 1998-99 and thereafter. Specifies that this act would be consistent with fiscal relief granted to those special districts that provide crucial public safety services.

Vetoed by the Governor

SB 1056 (Solis-D) Land use: sexually oriented businesses

Specifies that a sexually oriented business includes one in which live nude entertainment is presented and specifies that among those harmful secondary effects that sexually oriented businesses may have on the community are an increase in criminal activities such as prostitution and drug dealing.

(Died in Senate Judiciary Committee)

SB 1190 (Hayden-D) Air pollution

Requires the City of Los Angeles to implement, and be fully responsible for the costs of, air quality mitigation measures pursuant to the July 15, 1998, Memorandum of Agreement between Los Angeles and the Great Basin Air Pollution Control District.

Vetoed by the Governor

SB 1247 (Hayden-D) Air pollution

Requires the South Coast Air Quality Management District to undertake a number of public outreach activities in relation to fine particulate matter, including, beginning July 1, 2000, notification to all schools in the air basin whenever PM2.5 levels are expected to exceed the United States Environmental Protection Agency federal standard.

Vetoed by the Governor

SB 1266 (Knight-R) Property tax increment payments to state water contractors

Authorizes a redevelopment agency to make payments from tax increment funds to an affected taxing entity that is a state water supply contractor. Prohibits payments from exceeding the amount the agency would have otherwise received, but for redevelopment activities. Requires the affected state water supply contractor taxing entity to use all payments to pay for capital projects and to repay debt in furtherance of its applicable statutory rights and responsibilities to supply water and to manage flood waters.

(Failed passage on Senate Floor)

SB 1294 (Leslie-R) Teeter Plan counties

Requires, if a county adopted the Teeter Plan prior to 1994-95, the current value of the county's 1993-94 property tax shift to be reduced in 1998-99 by the amount of increased revenues allocated to school entities.

(Died in Senate Appropriations Committee)

SB 1310 (Johnson-R) Sales and use taxes

Imposes a tax on the sale or transfer of tangible personal property. Shifts one percent of state's sales tax rate to local governments with local voter approval.

(Died in Senate Revenue and Taxation Committee)

SB 1338 (Johannessen-R) Local government finance

Authorizes for the counties of Contra Costa, El Dorado, Modoc, Siskiyou, and Solano, the one-time reduction in the amount of property tax revenues transferred to the Educational Revenue Augmentation Fund (ERAF), as authorized for counties who opted into the "Teeter" plan on or after the 1994-95 fiscal year. Specifies the "designated fiscal year" for the five affected counties to take this reduction in the amount of their ERAF transfers in the 1998-99 fiscal year.

(Died in Assembly Appropriations Committee)

SB 1345 (Hughes-D) Vehicle license fee revenue: Lynwood

Increases, until 2006, the allocation of vehicle license fee revenue for the City of Lynwood (city), equal to five percent of the increased taxable sales on specific parcels within the city, up to $4 million annually. Eliminates the Educational Revenue Augmentation Fund contribution by the city.

(Died in Senate Appropriations Committee)

SB 1362 (Senate Housing And Land Use Committee) Housing and land use

Enacts the Senate Housing and Land Use Committee's annual "omnibus bill" which makes 19 noncontroversial changes to laws on housing, land use, and redevelopment.

Chapter 689, Statutes of 1998

SB 1372* (Knight-R) Bear Valley Community Services District: mail service

Authorizes the Bear Valley Community Services District to contract with the United States Postal Service to provide mail services to its residents, and permits the district to lease space to the United States Postal Service, or a private entity, for mail delivery and packaging services. Requires that on or before November 3, 1998, the district will submit a ballot measure to the voters that asks whether the district should provide mail services, and requires if the voters reject the ballot measure, the district is to terminate the contract at the earliest reasonable time.

Chapter 56, Statutes of 1998

SB 1380* (Senate Local Government Committee) First Validating Act of 1998

Enacts the First Validating Act of 1998, validating the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, specified districts, agencies, and entities.

Chapter 102, Statutes of 1998

SB 1381* (Senate Local Government Committee) Second Validating Act of 1998

Enacts the Second Validating Act of 1998, validating the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities.

Chapter 538, Statutes of 1998

SB 1409 (Knight-R) Local government finance

Requires payments that officers of a county or judicial district who are authorized to collect money to be paid into the county treasury be made in a timely manner, rather than at the time the county auditor and treasurer require. Requires that fine, fee, and forfeiture data be remitted within 35 days, and requires a county department or local court that fails to comply, resulting in the assessment of a specified financial penalty, to reimburse the county general fund rather than the judicial district.

(Died in Senate Judiciary Committee)

SB 1415 (Burton-D) Chabot Observatory and Science Center

Makes numerous legislative findings regarding the Chabot Observatory and Science Center and the Lewis Center for Educational Research, and appropriates funds to complete both centers.

Chapter 950, Statutes of 1998

SB 1431 (Solis-D) Firefighters: employment contracts

Provides that no firefighter employment contract shall include a requirement that a firefighter reimburse the local agency public employer for training expenses. States that this bill does not supersede or limit the effectiveness of any memorandum of understanding between an employer and a recognized employee organization entered into pursuant to the Meyers-Milias-Brown Act or the Ralph C. Dills Act.

Vetoed by the Governor

SB 1436* (Thompson-D) Local government

Makes changes in several laws affecting local government and the state. Specifies that the director of the State Department of General Services, with consent of the State Department of Food and Agriculture, may lease the Napa Valley Expo in Napa County for up to 99 years to a nonprofit organization to operate an annual fair in lieu of the fair held by the 25th District Agricultural Association, and specifies some of the terms of the lease. Allows the Redwood Valley County Water District to make not more than 135 new three-quarter-inch equivalent domestic service connections provided specified provisions are met.

Chapter 259, Statutes of 1998

SB 1498 (Karnette-D) Dead bodies

Authorizes a public cemetery district to acquire, construct, improve, maintain, and repair columbariums for the interment of cremated human remains. Authorizes a district to sell rights to place cremated remains in niches of a columbarium, and requires the district to set rates for the sale of those rights.

Chapter 236, Statutes of 1998

SB 1510 (Polanco-D) Municipal elections

Establishes a time period applicable to the calling and holding of a special election at which a city charter proposal prepared by a charter commission may be submitted to the voters for their approval. Specifies the other elections at which the charter proposal may be submitted to the voters.

Chapter 564, Statutes of 1998

Similar legislation was AB 2276 (Murray-D), which died in Assembly Elections, Reapportionment and Constitutional Amendments Committee.

SB 1531 (Brulte-R) Recreation and park districts: powers

Authorizes any recreation and park district to consolidate with a school district.

(Died in Senate Rules Committee)

SB 1557* (Johnson-R) Redevelopment

Allows the City of Tustin to assume the State Historic Preservation Officer's (SHPO) federal regulatory duties for purposes of applying the National Historic Preservation Act at the Tustin Marine Corps Air Station redevelopment project, even if the SHPO has not delegated those duties to the city.

Chapter 989, Statutes of 1998

SB 1565* (Burton-D) County Education Revenue Augmentation Fund

Sets forth the allocation of any excess in a county Educational Revenue Augmentation Fund.

Vetoed by the Governor

SB 1584* (Senate Budget And Fiscal Review Committee) Local government finance

Makes clarifications to AB 1226 (Granlund-R), Chapter 583, Statutes of 1997, which extended the eligibility period for the higher allocation formula for vehicle license fee revenues available to cities incorporated after January 1, 1987. Clarifies that Chapter 583 extends the eligibility period by an additional two years, regardless of whether the seven or ten year eligibility period had expired prior to the enactment of Chapter 583 or within two years after its enactment.

Chapter 321, Statutes of 1998

SB 1615* (Lockyer-D) Redevelopment: military base: environmental impact report

Gives local officials 12 more months to certify their environmental impact reports on the redevelopment projects that convert three closed military bases to civilian uses.

Chapter 586, Statutes of 1998

SB 1620* (Haynes-R) Nuisance: shooting ranges

Clarifies the authority of local public entities to restrict nighttime shooting to specified noise levels and to enforce any existing local standards for nighttime shooting.

Chapter 141, Statutes of 1998

SB 1641 (Burton-D) Candlestick Park

Shifts authority to Candlestick Park, provides for specific parameters within which park land may be exchanged by the director of the State Department of Parks and Recreation and the State Lands Commission to facilitate a forthcoming stadium/retail complex. Places proceeds from the exchange in the Land Bank Fund, and exempts a future sign from the California Outdoor Advertising Act.

Chapter 1046, Statutes of 1998

SB 1643 (Hayden-D) South Coast Air Quality Management District

Requires the South Coast Air Quality Management District (SCAQMD) to establish a compliance and enforcement program, thereby imposing a state-mandated local program. Creates the South Coast Air Quality Management District Compliance and Enforcement Account and requires that any funds received by the SCAQMD from the state for the purposes of this bill be deposited in the account and used solely for those purposes.

(Died in Senate Appropriations Committee)

SB 1649 (Senate Local Government Committee) Local Government Omnibus Act of 1998

Enacts the Local Government Omnibus Act of 1998, and makes a number of clarifying and minor, non-controversial changes to local government laws.

Chapter 876, Statutes of 1998

SB 1656 (Polanco-D) State and local government finance

Appropriates $920,000 from the General Fund to the Office of Criminal Justice Planning in augmentation of a specified item of the Budget Act of 1998 for the MUNI Video Surveillance Program in San Francisco. Appropriates $340,000 from the General Fund to the State Controller for allocation for reimbursement to the Los Angeles Local Agency Formation Commission to a special reorganization, as defined. Appropriates $1,250,000 from the General Fund to the State Employment Development Department for allocation and disbursement to the administrative entities of the job training service delivery areas of specified local jurisdictions, to support at-risk youth employment demonstration projects by private, nonprofit entities, subject to specified criteria.

(Died on Assembly Floor)

SB 1660* (Lewis-R) Subdivision maps

Allows cities and counties to delegate certain specified officials' approval or disapproval of final subdivision maps subject to appeal to the local legislative body. Provides for periodic review of that delegation of authority by the legislative body.

Chapter 604, Statutes of 1998

SB 1676 (Kopp-I) City-owned parking meters

Specifies that a county sealer of weights and measures may test and certify the accuracy of all city-owned parking meters within the county.

Chapter 862, Statutes of 1998

SB 1678 (Haynes-R) Proposition 172: requirements for receiving funds

Revises conditions on how Proposition 172 (local public safety funding) funds may be used.

(Failed passage in Assembly Local Government Committee)

SB 1721 (Kopp-I) Redevelopment agency spending

Prohibits redevelopment officials from using property tax increment revenues to pay for the development of city halls or county administration buildings.

(Failed passage in Senate Local Government Committee)

SB 1748 (Kopp-I) Local agency membership dues and political campaigns

Prohibits local agencies from paying membership dues to any organizations that spend money on political campaigns, including statewide or local initiatives.

(Died in Senate Local Government Committee)

SB 1760 (Haynes-R) Land use

Requires local water and sanitation agencies to account separately and publicly for their use of charges imposed for the expansion of the capacity of water or sewer systems.

Chapter 644, Statutes of 1998

SB 1779 (Haynes-R) Private property rights

Requires agencies to conduct a private property taking impact analysis before issuing any regulation or taking any action which may significantly impair the use of private property. Requires agencies to minimize the number of decisions which interfere with the use of private property, and requires that mitigation obligations imposed by agencies shall have a "direct relationship" to the burdens imposed by the proposed activity, and must be roughly proportional in nature and extent to the impact of the proposed activity.

(Failed passage in Senate Judiciary Committee)

SB 1785 (Hayden-D) Stray animals

Provides that public and private animal shelters are subject to the same anti-cruelty statutes as private citizens who take possession of a stray dog or cat. Makes specific requirements of animal shelters regarding euthanization, adoption, record keeping, and efforts to contact animal owners.

Chapter 752, Statutes of 1998

SB 1793 (Greene-D) Local agency investments

Provides that specified percentage limitations on local government investment portfolios are applicable only at the date of purchase, and that, in the event that the market value of a specified collateral falls below the required amount, the entity that put up the collateral would have until the end of the next business day to increase the amount of the collateral before the local agency is required to report that it is out of compliance.

Chapter 588, Statutes of 1998

SB 1840 (Costa-D) Registrar of voters: Kings County

Authorizes the board of supervisors in a county of the thirty-third class, Kings County, to appoint a registrar of voters in the same manner as other county officers are appointed. Requires the registrar to discharge all election-related duties vested by law in the county clerk.

Chapter 106, Statutes of 1998

SB 1853 (Kopp-I) Aeronautics

Codifies portions of existing regulation by requiring the State Department of Transportation, at the request of a city or county, to hold a public hearing regarding a request for an aircraft noise variance. Requires the district attorney to investigate within 60 days any alleged violation of a noise standard variance, and requires the Attorney General to investigate the violation if the district attorney does not investigate within 90 days. Requires airport operators subject to noise control variances to notify affected residents and businesses of changes in published flight paths at least 15 days before the change takes effect. Does not apply to any airport within 50 miles of the Mexican border.

(Failed passage in Senate Appropriations Committee)

SB 1860 (Costa-D) Public works

Raises the competitive bid threshold requirement for certain specified special district contracts for construction, repair or improvement projects.

Chapter 142, Statutes of 1998

SB 1895 (O'Connell-D) Local government finance

Deems correct the property tax allocations through 1996-97 in the County of Santa Barbara for three fire districts, Carpinteria-Summerland Fire Protection District, Montecito Fire Protection District, and Orcutt Fire Protection District. Specifies that the apportionment factors used in 1998-99 and thereafter shall be corrected for the prior errors. Specifies intent of the Legislature not to validate in the future any other mistake in Santa Barbara County's allocation of property taxes, with certain specified exceptions.

Vetoed by the Governor

SB 1907 (Burton-D) Airports

Authorizes the San Francisco International Airport (SFO) and the San Diego Unified Port District to impose a user fee on the customers of rental car companies for the purpose of financing a new ground transportation system at SFO and the purpose of construction of a new parking facility which would be adjacent to the San Diego Convention Center.

Chapter 889, Statutes of 1998

SB 1922 (Kopp-I) San Francisco Bay Conservation and Development Commission

Requires the commissioners of the San Francisco Bay Conservation and Development Commission, appointed by the Association of Bay Area Governments, be city councilmembers or, in the case of San Francisco, a county supervisor.

(Died in Senate Local Government Committee)

SB 2004 (Kelley-R) Joint powers agreements

Allows private nonprofit corporations providing health care services to participate in joint powers agreements to pool self-insurance claims.

Chapter 607, Statutes of 1998

SB 2005 (Kopp-I) Land use

Eliminates or revises certain waivers of timelines for a government agency to approve or disapprove a development project after the environmental documentation under the California Environmental Quality Act is completed.

Chapter 283, Statutes of 1998

SB 2009 (Greene-D) Municipal utility district contracts

Makes findings and declarations that the award of purchase contracts by municipal utility districts under lowest cost competitive bid procedures may not be feasible where the intent of the Legislature is that value-effective acquisition methods be used. Authorizes a utility district serving electricity to more than 250,000 customers to procure information technology equipment, telecommunications equipment, metering and microwave equipment, and other related electronic equipment and software in accordance with value-effective acquisition rules and regulations. Sets forth minimum regulations for value-effective acquisition. Requires, on or before January 1, 2005, submission to Senate and Assembly Local Government Committees, a report of cost-effectiveness from those districts utilizing value-effective acquisition methods. Sunsets January 1, 2006.

Chapter 144, Statutes of 1998

SB 2022 (Knight-R) Counties

Requires the Milton Marks Commission on California State Government Organization and Economy conduct a study to determine the capability and efficiency of service delivery by counties, and submit a report on the study to the Legislature by July 1, 2000.

(Died in Assembly Appropriations Committee)

SB 2033 (Costa-D) Accessibility standards

Prohibits local officials from disapproving a "drive-thru facility."

(Died in Senate Local Government Committee)

SB 2099 (O'Connell-D) Santa Maria Public Airport District

Authorizes the Santa Maria Public Airport District to apply for and operate a foreign trade zone encompassing an area larger than that contained within the boundaries of the airport district.

Chapter 396, Statutes of 1998

SB 2110 (Mountjoy-R) Political Reform Act of 1974

Prohibits, for two years, any state or local agency administrative official, as defined, from being employed by any individual or organization that is regulated or subject to policy established by the agency, and specifies that this prohibition would apply to every member, officer, employee, or consultant of a state or local governmental agency, except for those who perform purely clerical, secretarial, or ministerial duties.

(Died in Senate Elections and Reapportionment Committee)

SB 2119 (Hurtt-R) Public records

Requires state and local agencies to make reports available on their Internet site and provide summaries to specified legislative entities.

(Died on Assembly Inactive File)

SB 2124 (Kelley-R) Peace officers

Authorizes the City Attorney of San Diego to create a pilot project to designate city attorney investigators, otherwise working for the city attorney, as "peace officers." Specifies that the pilot project will remain in effect until January 1, 2003.

(Failed passage in Senate Public Safety Committee)

SB 2141 (O'Connell-D) Nuclear powerplants

Repeals, recasts and changes various provisions, including altering the responsibilities of state agencies, local governments, and utilities under the Radiation Protection Act.

Chapter 543, Statutes of 1998

SB 2160 (Craven-R) Local government organization

Permits the local agency formation commission, by an affirmative vote of two-thirds of the membership, to authorize a city or district to provide new or extended services outside its jurisdictional boundaries and outside its sphere of influence.

(Died in Senate Local Government Committee)

SB 2226* (Schiff-D) Local government finance

Modifies local government property tax revenue allocation reduction and transfer requirements, for the 1998-99 fiscal year and each fiscal year thereafter, by prohibiting the total amount allocated to a county's Educational Revenue Augmentation Fund (ERAF) pursuant to those requirements from exceeding the total amount allocated to that fund for the 1997-98 fiscal year. Requires, commencing with the 1998-99 fiscal year, that each reduction and transfer amount calculated for a local agency in a county be annually reduced in accordance with a specified schedule, and that the revenues not allocated to the county's ERAF as a result of these reductions be instead allocated among the local agencies in the county, as provided.

(Died in Senate Local Government Committee)

SCA 30 (Lockyer-D) Public safety

Amends the California Constitution to prohibit the state or a local government from entering into any contract, franchise agreement, or other arrangement in which an essential public safety service, which is defined to mean fire, police, sheriff, probation, corrections, or other peace officer services, would be provided by private means, except as specified.

(Failed passage in Senate Public Safety Committee)

SR 38 (Ayala-D) Centennial Year of the League of California Cities

Extends the Senate recognition and congratulations to the League of California Cities on its 100th Anniversary and applauds the efforts of all city officials, past and present, who have worked to better their communities and their state during the last 100 years.

Adopted by the Senate

Similar legislation was HR 88 (Aguiar-R), which was adopted by the Assembly.

SB 3X (Lee-D) Land use

Requires the Governor's Office of Planning and Research to coordinate and assist in the distribution of information, including maps prepared or issued under enumerated provisions of existing law, to county and city planning agencies and other local officials regarding the identification of areas subject to flood hazards.

(Died in Senate Housing and Land Use Committee)

AB 1* (Aguiar-R) Property tax shift

Reverses and caps the property tax shift from cities, counties, and special districts to schools to the amount of the shift in 1996-97. Reduces the property tax shift by 10% beginning in 1997-98 and by an additional 10% each year until the shift is 0. Includes language to assure that there is no net effect on school finance.

(Died in Assembly Local Government Committee)

AB 3 (Baca-D) Local Agencies Military Base Recovery Areas

Authorizes the Trade and Commerce Agency to designate three additional Local Agency Military Base Recovery Areas (LAMBRAs) for a total of eight LAMBRAs, and makes various substantive changes to LAMBRA tax incentives.

Chapter 1012, Statutes of 1998

AB 66* (Baca-D) Sales tax allocation: jet fuel

Changes the allocation of the 1-1/4% local "Bradley-Burns" sales tax revenue resulting from sales of jet fuel.

Chapter 1027, Statutes of 1998

AB 95* (Sweeney-D) Local government finance

Reduces the property tax shift by a schedule of unspecified percentage reductions over an unspecified number of years until the shift is 0. Includes language to declare legislative intent that the reversal of the property tax shift shall not adversely affect funding of schools (kindergarten through 12th grade and community colleges). States legislative intent to reduce the property tax shift by 10% per year until the shift is 0, and cap the property tax shift to the amounts shifted in 1996-97.

(Died in Senate Appropriations Committee)

AB 146 (Havice-D) Open meetings

Provides that the members of the Downey City Council may attend any open or closed meeting of the Downey Community Hospital and successor.

Vetoed by the Governor

AB 229 (Battin-R) Local agencies

Expands the definition of "local agency" to include a "federally recognized Indian tribe" for the purposes of the Marks-Roos Local Bond Pooling Act of 1985. Prohibits local agencies from using Marks-Roos bond funds for building gambling casinos.

(Died in Senate Local Government Committee)

AB 266 (Escutia-D) Redevelopment

Allows redevelopment agencies in Los Angeles and San Bernardino counties to create pilot programs to finance the purchase of durable equipment used for purposes related to buildings and facilities within redevelopment project areas. Limits a "building or facility" to a youth center, job training center, after-school facility, or police athletic league facility. Sets requirements for the State Office of Planning and Research to report results of the pilot programs to legislative committees.

(Died in Senate Local Government Committee)

AB 270 (Torlakson-D) Local agency formation commissions

Changes the governance and financing of local agency formation commissions (LAFCOs) in several ways, as specified, including requires LAFCOs to annually adopt a proposed budget by May 1 and a final budget by June 15.

(Failed passage on Senate Floor)

AB 378 (Morrow-R) Local government

Reimburses cities for a reduction of revenues resulting from 1995 legislation that reduced the city share of horse racing revenues.

Vetoed by the Governor

AB 391* (Granlund-R) Fire protection

Requires that once a proposal to form a new fire protection district has been filed, existing fire protection services and contracts to provide those services must be kept in effect until the formation proceedings have concluded. States that this requirement applies only to the County of San Bernardino.

(Died in Senate Appropriations Committee)

AB 393* (Richter-R) Property tax shift

Limits the Educational Revenue Augmentation Fund shift in "frontier" counties to the amount the agency received from Proposition 172.

(Failed passage in Assembly Local Government Committee)

AB 473 (Oller-R) Local government

Appropriates $147,000 from the General Fund to Alpine, Mariposa, and Trinity Counties, to be allocated proportional to population.

Chapter 1028, Statutes of 1998

AB 495 (Ashburn-R) Search and rescue costs

Repeals the requirement that the county of residence, of a person who is searched for or rescued, pay the costs to the county that undertakes the search and rescue and instead, until January 1, 1999, requires the state to reimburse the county, for a maximum $25,000 after a $100 deductible, conducting the search and rescue. Allows the state to, in turn, seek reimbursement, up to a maximum $5,000 from the person under certain circumstances.

(Died in Assembly Appropriations Committee)

AB 511 (Migden-D) Bank and corporation taxes: financial corporations

Returns revenue from the state's tax on banks and financial corporations to cities and counties.

(Died in Senate Appropriations Committee)

AB 540 (Ducheny-D) Water

Clarifies that the board of directors of the San Diego County Water Authority may continue board meetings.

Chapter 214, Statutes of 1998

AB 556 (Pringle-R) Local government

Allows a conducting authority to dissolve a special district without a vote unless ten percent of the landowners or voters protest the dissolution. Permits local agency formation commissions to impose terms and conditions upon a district's dissolution, including the designation of a successor agency to perform the functions of the extinguished agency.

(Failed passage in Senate Local Government Committee)

AB 597 (McClintock-R) State government: local accounting procedures

Makes legislative findings and declarations regarding government spending to provide services to the public, and requires the State Department of Finance to report to the Legislature estimated savings to California taxpayers if local government agencies used full cost accounting instead of fund accounting, as well as the cost to the local governments of converting to full cost accounting. Requires the department to convene an accounting advisory committee and specifies the membership of the committee.

(Died in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)

AB 639* (Alby-R) Defense conversion

Allows Solano County officials to create a joint powers agency to spend $2 million in Low and Moderate Income Housing Funds on affordable housing in Fairfield.

Chapter 952, Statutes of 1998

AB 661* (Brewer-R) Property tax shift: counties

Establishes a minimum percentage and later a fixed percentage of property taxes that county government shall receive.

(Failed passage in Assembly Local Government Committee)

AB 663 (Ortiz-D) Health

States intent to fund local public health functions at the level identified by the joint survey on staffing shortfalls related to the control and surveillance of communicable disease.

(Died in Senate Appropriations Committee)

AB 693 (Pringle-R) Local government organization

Provides, notwithstanding procedures for various changes of organization, including consolidation of local entities as set forth in the Cortese-Knox Local Government Reorganization Act of 1985, a proposal for the consolidation of two or more special districts may be initiated by petitions circulated in the service areas of the districts according to specified procedures. Provides that if the consolidation is approved by the voters, the local agency formation commission and the conducting authority must complete all remaining necessary procedures for consolidation of the districts within one year of the election.

(Died in Assembly Local Government Committee)

AB 694 (Pringle-R) Local government organization

Makes changes to the local agency formation commission process (Cortese-Knox Local Government Reorganization Act of 1985).

(Died in Assembly Local Government Committee)

AB 726 (Baugh-R) Adult entertainment

Eliminates the exemption for theaters, concert halls and similar establishments from local regulation of sexually oriented businesses, and allows local prohibition of live, nude performances and of tipping dancers or entertainers.

Chapter 294, Statutes of 1998

AB 836 (Sweeney-D) Taxation

Limits State Board of Equalization charges to local governments for administering transactions and use taxes.

Chapter 890, Statutes of 1998

AB 857 (Gallegos-D) City of El Monte

Appropriates $500,000 to the City of El Monte to build a civic center parking lot, teen center and aquatics facility.

(Died in Natural Resources and Wildlife Committee)

AB 864 (Thomson-D) Local government finance

Requires that the percentage of Yolo County's share of property taxes shifted to the schools in Yolo County not exceed more than 56% of the property taxes that would otherwise be allocated to the county government in the absence of the Educational Revenue Augmentation Fund shift.

(Died in Senate Appropriations Committee)

AB 871 (Wayne-D) Hazardous substances

Makes a number of changes to hazardous substance cleanup laws designed to encourage redevelopment of contaminated "brownfields." Clarifies that state agency oversight and approval is required for cleanup plans conducted by or coordinated through redevelopment agencies. Extends the sunset on the portion of the Community Redevelopment Act governing hazardous substance cleanup to 2004.

Chapter 430, Statutes of 1998

AB 923 (McClintock-R) Redevelopment

Repeals the Community Redevelopment Law. Requires that local jurisdictions dissolve their redevelopment agencies, and become the successor to the agency for the purpose of satisfying the existing obligations of the agency.

(Failed passage in Assembly Housing and Community Development Committee)

AB 934 (Baldwin-R) Local government finance

Modifies the reduction and transfer provisions requiring the county auditor, in each fiscal year, to allocate property tax revenues to local jurisdictions by requiring the county auditor, for the 1998-99 fiscal year and each fiscal year thereafter, to reduce the amount of ad valorem property tax revenue that is allocated to the county's Educational Revenue Augmentation Fund by an amount equal to the amount of ad valorem property tax revenue that is derived from the assessment of any property that was first assessed on the regular roll as "new construction," as defined, for 1998-99 fiscal year or any fiscal year thereafter.

(Died in Assembly Local Government Committee)

AB 972 (Torlakson-D) Records

Requests that specified statewide county organizations recommend to the Secretary of State standards for storing documents in electronic form in a manner that ensures that original documents cannot be changed. Requires state and local agencies to use the standards.

Chapter 677, Statutes of 1998

AB 990 (Ashburn-R) Bidder's security on county construction contracts

Allows counties discretion on whether to require bidder's security on construction contracts of less than $75,000.

(Died in Assembly Local Government Committee)

AB 1027 (Caldera-D) Property taxation

Reforms property tax administration law to give county assessors minimal new tools to assess the fair market value of real and personal property.

(Failed passage on Assembly Floor)

AB 1069* (Cardoza-D) Local government finance

Specifies that "new construction" does not include the first $50,000 of the full cash value of elderly living quarters that are added to an existing residence to serve as the principal residence of an elderly relative of the assessee. States intent of the Legislature that it have no impact on the finances of local agencies prior to January 1, 1999. Provides no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost pursuant to the bill, and specifies that the bill becomes operative only if ACA 6 (Cardoza-D) is enacted and approved by the voters.

(Died in Senate Revenue and Taxation Committee)

AB 1114 (Napolitano-D) South Coast Air Quality Management District: audit

Requires the Bureau of State Audits to do a management and fiscal audit of the South Coast Air Quality Management District.

(Died in Assembly Appropriations Committee)

AB 1175 (Shelley-D) Building standards: City and County of San Francisco

Allows the City and County of San Francisco to make changes to or modification to the requirements published in the California Building Standards Code relating to fire and fence safety that are reasonably necessary because of specified local conditions.

(Died in Senate Local Government Committee)

AB 1284 (Bowler-R) False employment date: recreation agencies

Authorizes a local recreational agency to terminate an employee or volunteer for falsifying information regarding prior convictions on employment applications.

(Died in Assembly Local Government Committee)

AB 1342 (Napolitano-D) Redevelopment

Allows redevelopment agencies to extend the time limits on their redevelopment plans without making findings of blight.

Chapter 635, Statutes of 1998

AB 1349 (Kaloogian-R) Property tax shift

Repeals the property tax shift from cities, counties, and special districts to the schools (the Educational Revenue Augmentation Fund shift).

(Died in Assembly Local Government Committee)

AB 1427 (Pringle-R) Shopping carts

Permits a city or county to impound shopping carts found outside of the shopping area, without the current three-day notice requirement, subject to certain requirements.

Chapter 16, Statutes of 1998

AB 1466 (Baldwin-R) Allocation of Proposition 173 monies within San Diego County

Changes the annual allocation of Proposition 172's public safety funds in San Diego County. Makes the allocation to the City of El Cajon unspecified. Creates an allocation of $2.619 million for the independent fire districts in the county. Specifies that the allocation to each independent fire district shall be in proportion to, but no greater than, the amount allocated from the district to the Educational Revenue Augmentation Fund.

(Died in Assembly Local Government Committee)

AB 1476 (Sweeney-D) Boundary decisions and water supply

Requires local agency formation commissions to determine if projected water supplies will be sufficient to satisfy the demands of new development when the commissions approve spheres of influence and boundary changes.

(Died in Senate Local Government Committee)

AB 1498 (Campbell-R) Local government: drive-thru facilities

Limits the ability of local governments to deny or condition drive-thru facilities.

(Failed passage in Assembly Appropriations Committee)

AB 1506 (Ortiz-D) Proposition 218 implementation

Establishes provisions for implementation of Proposition 218 by local governments. Includes Proposition 218 mailed ballots within the existing statutory provisions for mailed ballots. Designates the Proposition 218 voting process as a "majority protest proceeding" rather than as an election. Requires Proposition 218 mailed ballots to be designated as "majority protest" forms.

(Died in Assembly Elections, Reapportionment and Constitutional Amendments Committee)

AB 1514* (Goldsmith-R) Public safety services

Authorizes a fire protection district to enter into mutual aid agreements with any federally recognized Indian tribe. Applies the same liability requirements to tribes acting under a mutual aid agreement as is currently applied to private firms or corporations acting under a mutual aid agreement with a district.

Chapter 17, Statutes of 1998

AB 1590* (Thomson-D) Local government relief: trial court funding

Provides additional county relief by increasing state support for trial courts and makes technical adjustments to county support levels and increases county grant levels for the Court Appointed Special Advocate program. Reduces county remittance levels to the state for maintenance of effort of trial courts beginning in 1999-00 by increasing the number of "bought-out" counties from 20 to 37 (all counties with populations below 300,000), and lowers the maintenance of effort rate for the remaining counties maintenance of effort remittance levels by 10%.

Chapter 406, Statutes of 1998

AB 1614 (Lempert-D) Taxation

Prohibits local officials from levying bit taxes, bandwidth taxes, and taxes on Internet access and online computer services until 2001.

Chapter 351, Statutes of 1998

AB 1615 (Papan-D) Land use

States the intent of the Legislature to encourage and promote the construction of housing within transit villages.

(Died in Senate Rules Committee)

AB 1677 (McClintock-R) Redevelopment

Requires that the creation of a redevelopment agency be approved by a majority of voters in a local jurisdiction, and that the issuing of bonds by a redevelopment agency be approved by a two-thirds vote.

(Failed passage in Assembly Housing and Community Development Committee)

AB 1685 (Hertzberg-D) Local elections

Requires that the boundaries of supervisorial districts, when redistricted, conform to the boundaries of cities and communities of interest, and requires that city council district boundaries conform to the boundaries of communities of interest, to the extent possible without violating applicable state and federal requirements.

Vetoed by the Governor

AB 1688* (Torlakson-D) Emergencies

Provides that a nonprofit donor organization is immune from liability for any injury from activities relating to the operation and use of a community warning program or system by a county of the ninth class.

Chapter 444, Statutes of 1998

AB 1712 (Cunneen-R) Local government finance

Validates property tax allocations, as specified, that were provided to four independent fire districts in Santa Clara County and one library district in San Joaquin County, and requires that these property tax allocations be corrected. Exempts that portion of revenues that are appropriated by a county board of supervisors to a fire district from the 1992-93 property tax shift. States the Legislature's intent not to validate in the future any other mistakes in San Joaquin County in the allocation of property tax revenues, except under specified circumstances.

Vetoed by the Governor

AB 1771 (Vincent-D) Local government officers

Permits specified local agencies to provide medical benefits to former elected officials.

(Failed passage on Senate Floor)

AB 1773 (Leach-R) Firefighters

Appropriates $9 million from the General Fund to the State Controller for reimbursement of the costs of any new program or increased level of service of an existing program required by statute or executive order, incurred by local agencies in fiscal years 1992-93 through 1997-98, for structural and wildland firefighter's safety clothing and equipment.

(Died in Senate Appropriations Committee)

AB 1774 (Ackerman-R) Local agency employees

Revises the limits on severance pay that cities, counties, special districts, and school districts can pay.

(Failed passage on Senate Floor)

AB 1782 (Strom-Martin-D) Taxation

Clarifies for purposes of applying the alternative procedure for the distribution of property tax levies only, known as the "Teeter method," and for the purposes of receiving the "Teeter credit," the secured roll may include the supplemental property tax roll.

Chapter 528, Statutes of 1998

AB 1789 (Mazzoni-D) Land use

Requires that the fee for cancellation of a historical property contract that is paid to the State Controller and deposited in the General Fund instead, be paid to the county auditor and allocated to local jurisdictions in the same manner that the annual tax increment is allocated. Specifies that the cancellation fee be 12.5% of the current fair market value of the property rather than of the full value of the property.

Chapter 636, Statutes of 1998

AB 1823 (Cardenas-D) State contracts

Imposes additional duties related to enforcement of support orders upon vendors doing business with the state.

(Died in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)

AB 1835 (Torlakson-D) Public funds

Prohibits local officials from providing specified forms of financial assistance to automobile dealerships or "big box retailers" that relocate from one place to another within the same market area.

(Failed passage in Senate Local Government Committee)

AB 1839 (Thompson-R) Public libraries

Permits the councils of general law cities to dispense with library boards, to declare themselves library boards, and to assume all the powers and duties of library management.

(Died in Assembly Local Government Committee)

AB 1856 (Vincent-D) Dogs and cats

Modifies various existing provisions relating to the spaying and neutering of dogs and cats.

Chapter 747, Statutes of 1998

AB 1874 (Honda-D) Local agencies

Narrows the scope of conflict of interest rules to allow certain employees of local agencies, those who do not hold investment decision making authority, to serve as official volunteers in credit union management where these local agencies hold funds in the credit union.

Chapter 81, Statutes of 1998

AB 1898 (Honda-D) Local agencies

Adds credit unions to the list of financial institutions whose financial statements shall be accepted in partial fulfillment of the reporting requirements for local agencies.

Chapter 82, Statutes of 1998

AB 1906 (Brewer-R) Local agency procedures

Extends the pilot program allowing Orange County and San Bernardino County to accept digitized property records from title companies for one more year. Requires the State Attorney General to appoint a task force to address technical, legal, security, and economic issues associated with electronic recordation, recommend those persons and entities which should be authorized to digitize and record electronic documents after January 1, 2000, and submit those recommendations to the Governor and Legislature by July 1, 1999. Expands the requesters and addresses that the counties may accept for delivery of a recorded image if certain conditions are met, effective January 1, 2000.

Chapter 463, Statutes of 1998

AB 1933 (Machado-D) Taxation

Specifies that the three-year statute of limitations under existing law for filing various types of actions also applies to an action challenging the validity of a parcel-based special tax levied by a local agency. Extends from 30 days to 90 days, the period for a parcel owner to notify a local jurisdiction of its identification of a parcel subject to taxation that is inconsistent with the identification of that property by assessor's parcel number. Requires that the initial levy of any parcel-based special tax by a local agency be billed on the annual property tax bill sent by the county tax collector.

Chapter 342, Statutes of 1998

AB 1935 (Aroner-D) Trial court funding

Enacts various refinements and non-controversial trial court funding provisions to the Lockyer-Isenberg Trial Court Funding Act of 1997, Chapter 850, Statutes of 1997.

Chapter 1004, Statutes of 1998

AB 1945 (Honda-D) Local government finance

Deems prior allocation of property tax revenues to Santa Clara County Central Fire Protection District to be correct.

Vetoed by the Governor

AB 1946 (Papan-D) Taxation

Specifies that the Bradley-Burns use tax collected on the lease of a vehicle by a large volume leasing company will be allocated to the city or county where the leasing company is located rather than to the county sales tax pool of the county where the lessee is located.

Chapter 140, Statutes of 1998

AB 1951* (Hertzberg-D) Local government organization commissions

Clarifies the time periods with which proponents of certain city or district boundary changes have to collect signatures to petition their local agency formation commission.

Chapter 402, Statutes of 1998

AB 1963* (Aguiar-R) State-mandated local programs

Makes changes in the calendar of the Commission on State Mandates, and provides an alternative process for the resolution of claims before the commission.

Chapter 681, Statutes of 1998

AB 1964 (Aguiar-R) Validation proceedings

Requires written notice of a validation action when a local agency pledges sales tax or use tax revenues for the payment of bonds or other security obligations and receives those revenues from another public agency which imposes or administers the taxes.

Chapter 360, Statutes of 1998

AB 1968 (Baldwin-R) Open-space land

Requires a two-thirds vote of the voters for a city or county to approve the set aside or dedication of open-space lands if there is an accompanying, related easement.

(Died in Assembly Local Government Committee)

AB 1980 (Brewer-R) Local government record retention

Allows the county board of supervisors, the head of a county-governed special district, and the head of a county public safety communications center to authorize destruction of recordings of routine video monitoring after one year, and radio and telephone recordings after 100 days. Allows counties to create a procedure to destroy records less than two years old. Specifies that recordings that are evidence in claims or litigation must be preserved until the claim or litigation is resolved.

Chapter 466, Statutes of 1998

AB 1982 (Campbell-R) Human services

Provides immunity from liability for counties regarding injuries or damages arising from a welfare applicant's use of a vehicle, including the applicant's failure to comply with vehicle insurance, registration or licensure requirements, when the applicant uses lump-sum welfare payments to pay for vehicle related expenses.

(Died in Assembly Judiciary Committee)

AB 2007 (Torlakson-D) Local government

Creates the Local Government Streamlining, Efficiency, and Mandate Relief Account within the General Fund to be administered by the Governor's Office of Planning and Research (OPR), and requires OPR to convene a nine-member panel to develop and recommend distribution of fund guidelines. Appropriates $2 million from the General Fund to the account, which must be available for up to three years and without regard to fiscal year.

(Died in Assembly Appropriations Committee)

AB 2023 (Gallegos-D) Liability

Expands the limited liability protection for certain public water districts to cover irrigation district activities relative to water flows through unlined flood control channels when they are used to provide water to spreading grounds for water basin recharge, which applies to Los Angeles County Department of Public Works, the only district which fits this description.

Chapter 659, Statutes of 1998

AB 2032 (Cardoza-D) Land use

Provides that in establishing, increasing, or imposing a fee as a condition of approval of a development project, a local agency must additionally determine that the amount of the fee is roughly proportional in extent to the projected impact of the project on the community; and that, contrary to current law, no reimbursement is required by this act for a specified reason.

(Died in Assembly Local Government Committee)

AB 2055 (Gallegos-D) Land use

Clarifies local government authority and states the intent of the Legislature with regard to regulation of adult or sexually oriented businesses.

Chapter 552, Statutes of 1998

AB 2065 (Cardenas-D) Cities

Prevents cities, including a city and county, from levying business license taxes and fees, and from imposing various other regulatory requirements, on writers, musicians, directors and creative artists. States the prohibition would not apply in cases where the individual has more than one employee in the home, has more than two business-related deliveries at home per day, has more than two client visits at home per day, or advertises to the public at large, excluding business cards, letterhead, website or e-mail address.

(Died in Senate Revenue and Taxation Committee)

AB 2095 (Ackerman-R) Governmental tort liability

Provides, with regard to tort liability of governmental agencies, that in any action for personal injury, property damage, or wrongful death based upon principles of comparative fault in which a public entity or employee is a defendant or cross-defendant, the public entity or employee is liable only for that amount of economic damages allocated to that defendant in direct proportion to the public entity's or employee's percentage of fault, and a separate judgment will be rendered against that defendant for that amount.

(Died in Assembly Judiciary Committee)

AB 2129 (Takasugi-R) Finance lenders

Exempts counties, cities, cities and counties, redevelopment agencies, housing authorities, duly authorized governmental agencies or districts, and governmental joint powers authorities from application of the law known as the California Finance Lenders Law, which provides for the licensure and regulation of persons engaged in the business of making consumer loans or commercial loans, and which governs the terms and conditions of those loans.

(Died in Assembly Banking and Finance Committee)

AB 2147 (Thompson-R) Local government formation

Requires the Local Agency Formation Commission to calculate the state's savings for new cities that incorporate after January 1, 1999. Requires the county auditor to transfer an equal amount of local school district's property tax revenues to the new city, and requires the State General Fund must backfill affected school districts with equal funds.

(Died in Senate Local Government Committee)

AB 2158 (Ortiz-D) Local government organization

Requires a two-thirds vote for a newly incorporating city to accept certain amounts of debt.

(Failed passage in Assembly Local Government Committee)

AB 2206 (Floyd-D) Communications

Adds a local representative from a city and a county to the list of departments, offices, and entities with which the Communications Division of the State Department of General Services is directed to consult at regular intervals with respect to 911 telephone service.

(Died in Senate Rules Committee)

AB 2229 (Keeley-D) Vital records

Extends the sunset date on the authorization for counties to impose an additional $3 fee on top of the existing cost for certified copies of birth certificates from December 31, 1998, to June 30, 1999. Earmarks the $3 surcharge for mediation services in juvenile dependency cases.

Chapter 1062, Statutes of 1998

AB 2238 (Mazzoni-D) Counties

Validates Marin County's distribution of fines and forfeitures in specified years. Declares the Legislature's intent not to validate any further mistakes on the part of Marin County unless those mistakes are the result of written advice from the State Department of Finance or the State Controller.

Vetoed by the Governor

AB 2248 (Poochigian-R) Local agencies

Provides a local agency with immunity from liability for contaminated properties that it acquired involuntarily.

(Died in Assembly Judiciary Committee)

AB 2307 (McClintock-R) Community facilities districts

Ensures that easements remain unaffected should a parcel be subject to foreclosure and resale due to delinquent payment of Mello-Roos district assessments. Clarifies, by removing language that implied, contrary to existing law, that second parties who acquire an easement on a foreclosed parcel might, in so doing, inherit liability for special taxes on that parcel.

Chapter 113, Statutes of 1998

AB 2350 (Frusetta-R) Libraries

Requires public libraries to acquire software that blocks access to obscene matter on the Internet. Requires public libraries providing Internet access to purchase, install, and maintain computer software that prohibits access to obscene matter.

(Died in Assembly Information Technology Committee)

AB 2368 (Hertzberg-D) Local government

Permits the Los Angeles County Board of Supervisors to create a commission on local government services if a majority of the cities representing a majority of the county's city population adopts resolutions to establish the commission by January 1, 2000.

(Died in Senate Local Government Committee)

AB 2400 (House-R) Local government

Requires the State Controller to allocate to counties that have no incorporated cities (Alpine, Mariposa, and Trinity counties), each county's share of vehicle license fee and motor vehicle fuel license tax, use fuel tax, and diesel fuel tax revenues and an additional share of those revenues based on 8% of the population of each county. Specifies that when a city is incorporated in any county that previously had no incorporated cities, the local agency formation commission, in its revenue neutrality finding, must not include the amount of revenue that county will lose as a result of no longer being subject to the additional share of vehicle license fee and fuel tax revenues pursuant to the above.

(Failed passage in Assembly Local Government Committee)

AB 2418 (Olberg-R) Volunteers

Requires any state or local agency that chooses to utilize volunteers to implement a policy whereby no person aged 60 years or older may be excluded from volunteer service if the person is physically, mentally, and professionally capable of performing the services involved.

Chapter 188, Statutes of 1998

AB 2469 (Leach-R) Human services

Authorizes a county to issue on behalf of a recipient under the California Work Opportunity and Responsibility to Kids program, at its option, a voucher for purposes of paying for shelter, utilities, or child care services authorized by the program.

(Died in Assembly Human Services Committee)

AB 2471 (Brewer-R) Local government finance

Revises how the growth in property tax is allocated, including uses as a "base" for calculation purposes the "statewide average percentage" of the property tax that is allocated by the 58 counties to the following four classes: (1) schools; (2) counties; (3) cities, and (4) special districts.

(Died in Assembly Appropriations Committee)

AB 2488 (Cardoza-D) Land use

Provides that except when required of applicants generally or ministerially by local ordinance, resolution, general plan, element, or zoning regulation, no public agency shall impose any obligation or require any action, dedication, or exaction from any person as a condition of granting a permit, approval, entitlement, or public benefit, unless the obligation, action, dedication, or exaction is feasible, roughly proportional in extent to the resulting impacts on public resources or burdens assumed by the agency or the public, and the least burdensome alternative meeting the two previous factors.

(Died in Assembly Local Government Committee)

AB 2523 (Ackerman-R) Counties

Allows the Orange County Board of Supervisors to elect to use a county employee or officer to perform audits if that person is a certified public accountant rather than having the audit performed by the elected county auditor.

Chapter 250, Statutes of 1998

AB 2543 (Torlakson-D) Special districts

Requires certain special districts to adjust division boundaries after each federal decennial census so that, as far as practicable, they are equal in population.

Chapter 435, Statutes of 1998

AB 2566 (Lempert-D) Records

Requires the retention of fire department log books and other related records for 50 years from the date a firefighter made a call.

(Died in Senate Appropriations Committee)

AB 2611 (Kuehl-D) Geologic hazard abatement districts

Specifies procedures for the dissolution of geologic hazard abatement districts.

Chapter 806, Statutes of 1998

AB 2621 (Hertzberg-D) Local government reorganization

Extends the life of the Commission on Local Governance for the 21st Century by six months and specifies that appointed members will serve until the commission is terminated.

Chapter 1038, Statutes of 1998

AB 2652 (Cardoza-D) Air resources

Permits the San Joaquin Valley authorized Unified Air Pollution Control District, in consultation with the California Air Resources Board, to develop guidelines to allocate the amount of agricultural burning that may be authorized on any day in the San Joaquin Valley without regard to whether or not the day is designated a nonburning day.

(Died in Assembly Natural Resources Committee)

AB 2656 (Pringle-R) Booking fees

Prohibits a county that receives more revenue from Proposition 172 than that county transfers in property tax revenues to the Educational Revenue Augmentation Fund from collecting jail booking fees from other local agencies.

(Died in Assembly Local Government Committee)

AB 2667 (Miller-R) Air quality

Requires all air districts to undertake pollutant by pollutant inventories and take steps to reduce emissions based on the amount of pollution each source contributes.

(Died in Assembly Natural Resources Committee)

AB 2699 (Pringle-R) Local government finance

Provides alternative financial provisions for the implementation of the Orange County Consensus Recovery Plan in the event that an appellate court invalidates current law.

Chapter 724, Statutes of 1998

AB 2708 (Miller-R) Local planning

Requires agencies created by a joint powers agreement using grants or loans from other than a member or members of the agency to acquire real property by whatever means, to obtain prior to the acquisition the consent of all the cities whose general plans include the real property to be acquired.

(Died in Assembly Local Government Committee)

AB 2749 (Wildman-D) Local government finance

Requires the State Legislative Analyst, on or before July 1, 1999, to present a written report to each house of the Legislature that sets forth the Legislative Analyst's recommendations, as provided, with respect to the reform of the existing requirements and procedures with respect to the annual allocation in each county of ad valorem property tax revenues.

(Died in Assembly Local Government Committee)

AB 2788* (Thomson-D) Local government relief: trial court funding

Provides local government relief by reducing county support for trial courts, providing recoupment of lost funding, and backfilling the Trial Court Trust Fund with General Fund dollars. Includes Tulare County in the list of counties who have their remittance levels to the state for trial courts bought-out by the state beginning in 1999-00. Adjusts the fine and forfeiture contribution of San Bernardino County beginning in 1998-99 to fix an inaccurate statutory requirement resulting from over-reporting of the county's base year level. Appropriates $16,559,000 for transfer from the General Fund to the Trial Court Fund in augmentation of the Budget Act of 1998.

Chapter 1017, Statutes of 1998

Similar bill was SB 752 (Schiff-D), which died in Senate Rules Committee after being referred on a Senate 29.10 Rules.

ACA 4 (Aguiar-R) Local government finance

Limits the amount of property tax revenues that cities, counties, and special districts shift to the Educational Revenue Augmentation Fund to the amounts shifted in 1998-99. Requires the allocation of support for schools and community college districts to be determined as it would have been in the absence of this constitutional amendment.

(Died in Senate Rules Committee)

ACA 10 (Runner-R) Local sales and use taxes

Makes it easier for cities and counties to share local sales tax revenues. Becomes Proposition 11 on the November 3, 1998 ballot.

Resolution Chapter 133, Statutes of 1998

ACA 13 (Goldsmith-R) Local agency debt

Provides that any new debt incurred by a redevelopment agency to finance or refinance any redevelopment project or portion thereof requires prior voter approval. Provides that any new debt incurred by a local agency, as defined, that exceeds 5% of the agency's general fund expenditures during the preceding fiscal year requires prior voter approval.

(Died in Assembly Local Government Committee)

ACA 37 (McClintock-R) Local agency indebtedness

Includes general obligation bonds, revenue bonds, tax allocation bonds, tax anticipation notes, lease-backs, reverse repurchase agreements, certificates of participation, or similar transactions if either the proposed indebtedness would exceed the total revenue for the previous year or the proposed indebtedness, when aggregated with the total existing indebtedness, would exceed the agency's total revenue for the previous four years, as a form of debt or liability for purposes of the restriction under the California Constitution prohibiting local governmental entities from incurring any indebtedness or liability that exceeds in any year the income and revenue provided for that year without voter approval of two-thirds of qualified electors.

(Died in Assembly Local Government Committee)

ACA 42 (Aguiar-R) Local government finance

Constitutionally protects the primary local government revenue sources.

(Died in Assembly Revenue and Taxation Committee)

ACR 178 (Pacheco-R) City of Riverside

Recognizes and congratulates the City of Riverside for its achievement in being designated an All-American City and joins with the City of Riverside and all Californians in celebrating the receipt of this award.

Resolution Chapter 90, Statutes of 1998

AJR 56 (Aguiar-R) Private activity bonds

Memorializes the President and the Congress of the United States to enact legislation to increase the federal cap on private activity bond authority.

Resolution Chapter 117, Statutes of 1998

HR 52 (Thompson-R) Video rentals to minors

Resolves that public libraries are requested to make every effort to identify the age of any person checking out a video who appears to be a minor and conform their check-out policies to the Motion Picture Association of America's rating system, and resolves that the Chief Clerk of the Assembly must transmit copies of this resolution to public libraries throughout the state.

(Died in Assembly Local Government Committee)

Public Employees

The following public employees organizations signed collective bargaining agreements with the state:

SB 615 (Burton-D), Bargaining Unit 6 (Correctional Officers)

SB 1501 (Knight-R), Bargaining Unit 19 (American Federation of State, County and Municipal Employees)

AB 528 (Bordonaro-R), Bargaining Unit 16 (Union of American Physicians and Dentists)

AB 1291 (Strom-Martin-D), Bargaining Unit 8 (State Department of Forestry Firefighters)

AB 2472 (Leach-R), Bargaining Unit 6 (State Department of Corrections)

SB 134 (Ayala-D) Public records

Provides for the grounds for dismissal from public employment for any public employee having custody of various documents or records to provide, willfully and knowingly, a copy to another person of a record that is confidential and prohibited from disclosure and knowing that the disclosure would cause an invasion of privacy.

(Died in Senate Public Employment and Retirement Committee)

SB 234 (Hughes-D) PERS: purchasing power protection

Guarantees the payment of purchasing power protection equal to 75% of the original value of the Public Employees' Retirement System retirement benefits, up to an average annual inflation level of 6%, as specified.

Vetoed by the Governor

SB 427 (Hurtt-R) Employee organizations: public employees

Requires an employee organization to obtain the approval of its members annually prior to using any revenue derived from dues, fees, or other monies required as a condition of membership in the employee organization to make a contribution for any political purpose.

(Died in Senate Governmental Organization Committee)

SB 479 (Alpert-D) Public employees' retirement

Increases from 80% to 85% of final compensation the maximum Public Employees' Retirement System retirement allowance California Highway Patrol officers who retire on or after January 1, 1999 may receive.

Vetoed by the Governor

SB 577* (Dills-D) State employees: memoranda of understanding

Ratifies a Memorandum of Understanding reflecting an agreement reached between the State and the exclusive representative of specified state employee bargaining units 2, 5, 8, 9, and 10, on employment matters collectively bargained per the Ralph C. Dills Act.

(Died in Assembly Public Employees, Retirement and Social Security Committee)

SB 601 (Sher-D) State civil service

Makes substantial changes to the state civil service system as to how it deals with probationary periods of service, administrative hearings and investigations, performance-based salaries, and layoffs.

(Died on Assembly Inactive File)

SB 610 (O'Connell-D) Public employees retirement: reciprocity

Extends reciprocity to members of the State Teachers' Retirement System who are also members of a county retirement system established under the County Employees' Retirement Law of 1937 and makes minor revisions to the conditions for retirement from the State Teachers' Retirement System.

Chapter 1077, Statutes of 1998

SB 615* (Burton-D) State employees

Specifies terms of a Memorandum of Understanding (MOU) between the state employer and Bargaining Unit 6 (Correctional Officers). Requires that the expenditure of funds specified in an MOU become effective even if such provisions are approved by the Legislature in nonbudget act legislation.

Chapter 21, Statutes of 1998

SB 648 (Burton-D) Personal services contracts

Requires the State Department of Finance to undertake a cost comparison and prepare performance standards to be used in evaluating bids for state services to be provided by private vendors. States that vendor bids are to be compared against the cost of state employees performing the same work. Specifies that contracts are not to be awarded unless the vendor's bid, adjusted to reflect contract administration and other transition costs, is at least 10% below the cost of using state employees, and that private vendors are required to provide health insurance for their employees and families. Provides that vendors who are cited in the last three years for illegally withdrawing required wages or benefits are to be barred from competing for state contracts for three years.

Vetoed by the Governor

SB 672* (Dills-D) State employer-employee relations

Ratifies a Memorandum of Understanding reflecting an agreement reached between the State and the exclusive representative of spcecified state employee bargaining Units 3 and 21, on employment matters collectively bargained per the Ralph C. Dills Act.

(Died in Assembly Public Employees, Retirement and Social Security Committee)

SB 740* (Senate Budget And Fiscal Review Committee) State employees

Appropriates $278,982,000 from specified funds to the Controller for a 3% state employee compensation increase as of July 1, 19l98.

(Died in Assembly Budget Committee)

SB 778 (Haynes-R) Public employees: false claims actions

Provides that provisions of existing law relating to claims made against the state or political subdivision, do not apply or extend to tort claims and actions against public entities and public employees, specified construction claims from public works projects, the arbitration or public works contracts claims, any claim made pursuant to another statute or law, and any claim made in the course of any litigation, arbitration, or other formal adjudicatory proceedings.

(Died in Senate Judiciary Committee)

SB 831 (Karnette-D) Child care: state employees

Authorizes the State Department of General Services to secure off-site state employee child care facilities, if funds are available, as specified.

Chapter 413, Statutes of 1998

SB 870* (Dills-D) State civil service: memoranda of understanding

Ratifies a Memorandum of Understanding, reflecting an agreement reached between the State and the exclusive representative of specified state employee bargaining Units 14, 15, 17 and 20, on employment matters collectively bargained per the Ralph C. Dills Act.

(Died in Assembly Public Employees, Retirement and Social Security Committee)

SB 929 (Dills-D) Judges: retirement

Deletes inoperative references to justice courts from the Judges' Retirement Law.

(Died in Senate Committee on Public Employment and Retirement Committee)

SB 967* (Dills-D) State employees: memoranda of understanding

Ratifies a Memorandum of Understanding reflecting an agreement reached between the State and the exclusive representative of specified state employee bargaining Units 1, 4, and 11, on employment matters collectively bargained per the Ralph C. Dills Act.

(Died in Assembly Public Employees, Retirement and Social Security Committee)

SB 1021* (Burton-D) Public employees

Provides language to conform to existing federal statutes for public pension plans which ensure that members and beneficiaries receive benefits to which they are entitled.

Chapter 1074, Statutes of 1998

SB 1022 (Dills-D) State civil service: disciplinary proceedings

Makes various substantive and procedural changes to the disciplinary process for state civil service employees. Requires State Personnel Board to reject any discipline that is arbitrary, capricious, discriminatory, otherwise unjust or improper, or does not follow the principles of progressive discipline. Provides that principles of progressive discipline include discipline that is appropriate to the nature and severity of the violation, keeping in mind the circumstances under which the misconduct took place, the length of the employee's service, prior related discipline within the last three years, and any mitigating circumstances.

(Died in Assembly Public Employees, Retirement and Social Security Committee)

SB 1028 (Schiff-D) Supervisory and managerial salary differential

Declares that it is the intent of the Legislature to appropriate to the State Controller a sum sufficient to provide a 6% pay increase, retroactive to March 1, 1998, to all state employees. Declares that it is the intent of the Legislature that a sum sufficient to provide an additional 6% pay increase, effective January 1, 1999, be appropriated in the 1998 Budget Act. Continues, until June 30, 1999, the provisions of the memoranda of understanding for bargaining units 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21, that were in effect until June 30, 1995.

(Died in Senate Appropriations Committee)

SB 1354* (Knight-R) County employees: retirement

Permits any of the 20 counties that participate in the County Employees Retirement Act of 1937 to be exempt from mandatory safety retirement provisions based on age, under specified conditions.

(Failed passage in Senate Public Employment and Retirement Committee)

SB 1365 (Ayala-D) State employees: benefits

Provides additional compensation for a state employee who, as a member of the National Guard or military reserves, is called into active duty as a result of a presidentially-declared national emergency or for an operational mission, as specified.

Chapter 157, Statutes of 1998

SB 1416 (Brulte-R) State employees: deferred compensation

Enacts the Freedom of Financial Choice Act by requiring the State Department of Personnel Administration (DPA) to offer to participants in the state's deferred compensation 401(k) plans the option to invest their funds in any stocks or bonds listed on various funds or insurance companies. Requires DPA to report on the bill's implementation by April 15, 1999.

Chapter 602, Statutes of 1998

SB 1433 (Hayden-D) State funds: investments

Prohibits, as of January 1, 1999, the Public Employees' Retirement Fund and the State Teachers' Retirement Fund from making additional or new investments or to renew existing investments in any tobacco company, as specified.

(Died in Assembly Appropriations Committee)

Similar legislation is AB 1744 (Knox-D), which died in Assembly Appropriations Committee.

SB 1501* (Knight-R) Public employees: state employees

Ratifies provisions of the memorandum of understanding reached between the State Department of Personnel Administration and State Bargaining Unit 19 (health and social services/professions), approximately 3,255 full time employees represented by the American Federation of State, County and Municipal Employees.

Chapter 91, Statutes of 1998

SB 1535 (Kopp-I) Public officers and employees: rationing

Provides for any person who holds public office or employment to petition to renounce an oath to a foreign government, and repeals outdated laws concerning counterfeiting government ration checks.

Chapter 776, Statutes of 1998

SB 1611 (Burton-D) Public Employment Relations Board

Expands the Public Employment Relations Board from five to seven members and makes changes to how those members are appointed.

Vetoed by the Governor

SB 1642 (Rosenthal-D) Health care: risk adjustment

Requires the Public Employees' Retirement System Board and the State Department of Health Services to conduct a study on incorporating a medical diagnosis risk adjustment mechanism into their health benefit programs.

Vetoed by the Governor

SB 1709 (Haynes-R) Public Employees' Retirement System: benefits

Specifies that the remarriage of the surviving spouse of a deceased local safety member who was firefighter or peace officer and whose death after retirement was due to injuries that resulted in industrial disability retirement, must not result in the reduction or cessation of any survivor continuance allowance if the remarriage occurs on or after January 1, 1998. Prohibits the surviving spouse from adding the new spouse or stepchildren as family members under the continued health benefits coverage.

Chapter 191, Statutes of 1998

SB 1748 (Kopp-I) Local agencies: membership dues

Prohibits local agencies from paying membership dues to any organizations that spend money on political campaigns, including statewide or local initiatives.

(Failed passage in Senate Local Government Committee)

SB 1753 (Schiff-D) Public retirement system governing boards

Prohibits the governing board of the Public Employees' Retirement System (PERS) or the State Teachers' Retirement System from considering matters in closed session involving a vendor without prior disclosure of the vendor's gifts and campaign contributions. Requires investment decisions made in closed session to be made by roll call vote and disclosed within 12 months. Prohibits specified communications by the governing board members with financially interested persons during the contract awarding process. Prohibits specified communications by a financially interested person with board members on matters relating to the transaction or evaluation, without disclosing the communication to the executive officer and the board. Requires candidates for seats on the PERS governing board elected by system members to file campaign statements.

Chapter 923, Statutes of 1998

Related legislation was SB 1879 (Hayden-D), which was vetoed by the Governor.

SB 1759 (Ayala-D) Liens and encumbrances

Establishes new and expedited remedies for removing a lien or other encumbrance against a public officer or employee, where the lien or encumbrance was filed or recorded, knowing it was false, with the intent to harass the officer or employee or influence or hinder the public officer or employee in discharging his or her official duties. Specifies that the public officer or employee would be able to request attorneys fees and costs, and the lien or encumbrance claimant would be subject to a fine of up to $5,000.

Chapter 779, Statutes of 1998

Similar legislation was SB 2154 (Schiff-D), which became Chapter 211, Statutes of 1998.

SB 1789 (Peace-D) County employee retirement systems: benefits

Excludes certain salary bonuses from being included in the "final compensation" used to calculate the retirement benefit of some county employees in the 20 counties that participate in the County Employees' Retirement Act of 1937.

Chapter 129, Statutes of 1998

SB 1876 (Kopp-I) Public employee liability

Provides that representation by a public defender of a client is an exercise in discretion, thereby granting them immunity from malpractice suits.

(Died on Senate Unfinished Business File)

SB 1879 (Hayden-D) Public Employees' Retirement System: administration

Provides that payment and reimbursement of certain Public Employees' Retirement System board member travel shall be considered an appropriate expenditure of retirement system funds, generally requires advance approval of that travel, and requires members to prepare brief reports on that travel. The requirements do not apply to travel to publicly noticed board meetings. Requires specified financial support, contributions, or payments by parties financially interested in investment transactions to agencies, institutions or organizations which have provided travel to board members or retirement system officers and employees to be disclosed prior to public meetings and closed sessions on the transactions. A knowing violation of this latter provision will be subject to a prescribed civil penalty.

Vetoed by the Governor

Related legislation was SB 1753 (Schiff-D), which became Chapter 923, Statutes of 1998.

SB 1882 (Schiff-D) County employee retirement systems: benefits

Authorizes boards of supervisors, upon the recommendation of the board of retirement, to adopt alternative criteria for determining eligibility for service-connected disability retirement that would be applicable to new employees. Contains legislative findings and declarations regarding the provisions. Authorizes boards of supervisors, upon the recommendation of the board of retirement, to adopt an alternative disability application provision.

(Died in Senate Industrial Relations Committee)

SB 1904 (Ayala-D) Legal defense of public employees

Provides that if a public entity provider for the defense of an employee or former employee in a criminal action, and the employee or former employee is found guilty and is also found to have acted outside the scope of employment, he or she would be required to reimburse the public and entity for the costs of his or her defense upon a final conviction.

(Died on Senate Inactive File)

SB 2018* (Polanco-D) State employees: compensation increase

States that it is the intent of the Legislature to appropriate to the State Controller a sum sufficient to provide all state employees with a salary increase of 6%, retroactive to March 1, 1998, and expresses legislative intent to provide sufficient funding in the 1998 Budget Act for an additional 6% increase effective January 1, 1999.

(Died on Assembly Third Reading File)

Similar legislation was SB 2083* (Brulte-R), which also died on the Assembly Third Reading File.

SB 2076 (O'Connell-D) Public employee disability benefits

Extends to county probation officers, group counselors, juvenile service officers, or any officer or employee of a probation office the benefit of leave with full pay in lieu of temporary disability payments for up to one year. Specifies that the employee must be disabled due to an injury or illness arising out of and in the course of his or her duties. Excludes employees whose principal duties are those of telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly come within the scope of active law enforcement service. Authorizes San Luis Obispo County to extend these benefits in that county through resolution by the Board of Supervisors.

(Died in Senate Appropriations Committee)

SB 2083 (Brulte-R) State employees: excluded employees: pay raise

Declares legislative intent that this act appropriate a sum sufficient to provide all state employees who are managers, supervisors and confidential employees with a salary increase. Specifies that the salary increase is 6% retroactive to July 1, 1998.

(Died on Assembly Third Reading File)

Similar legislation was SB 2018* (Polanco-D), which died on the Assembly Third Reading File.

SB 2137 (Karnette-D) County employee retirement systems: benefits

Provides technical clean-up language and clarifying proposals relating to retirement options, and beneficiary designations in the 1937 County Employees' Retirement Act of 1937.

Chapter 132, Statutes of 1998

SB 2154 (Schiff-D) Public officials: harassment: records

Prohibits the filing or recording of a knowingly false lawsuit, lien, or other encumbrance against a public officer or employee, which was filed or recorded with the intent to harass the officer or employee or influence or hinder the public officer or employee in discharging his or her official duties. The prohibition applies only to lawsuits, liens, or other encumbrances pertaining to actions that arise in the course and scope of the public officer's or employee's duties.

Chapter 211, Statutes of 1998

Similar legislation was SB 1759 (Ayala-D), which became Chapter 779, Statutes of 1998.

SCR 26 (Senate Public Employment And Retirement Committee) State employee merit awards

Requests additional merit award payments to nine state employees for proposals that have resulted in actual state savings of $1,085,144.

Resolution Chapter 116, Statutes of 1997

SCR 37 (Rosenthal-D) State employees: correctional supervisors

Requests the State Personnel Board in consultation with the Department of Personnel Administration, California Department of Corrections, and the California Correctional Supervisors Organization to conduct a classification study of the Correctional Sergeant and Correctional Lieutenant classes within 60 days of the adoption of the Senate Concurrent Resolution and make changes as a result of the study by July 1, 1998.

(Died in Senate Industrial Relations Committee)

SCR 98 (Hurtt-R) State employee merit awards

Requests that additional merit awards, authorized by the State Department of Personnel Administration, be made to nine individual state employees whose specified proposals have resulted in annual savings and net revenue gain to the state.

Resolution Chapter 168, Statutes of 1998

AB 294 (Ortiz-D) State employees: nonindustrial disability

Increases the dollar limit for nonindustrial disability benefits payable to a state employee to $250 per week. Increases the disability benefit period to 52 weeks per occurrence. Requires that any increased costs incurred by the state due to the increase in benefits shall be borne by the employees, unless other funding is agreed to in a memorandum of understanding.

(Died in Senate Governmental Organization Committee)

AB 312* (Takasugi-R) State employees: excluded employees

Represents the terms of a proposed bargaining agreement between the state employer, the State Department of Personnel Administration and state employees excluded from full collective bargaining rights (managers, supervisors, and confidential employees).

(Failed passage in Senate Governmental Organization Committee)

AB 319* (Machado-D) Department of Forestry and Fire Protection: salary increase

Appropriates to the Controller a sum sufficient to provide all state employees represented by Bargaining Unit 8, and their corresponding supervisors and managers, with a salary increase of 15% retroactive to March 1, 1998, for the purpose of funding this salary increase.

(Failed passage in Senate Governmental Organization Committee)

AB 368 (Floyd-D) Firefighters

Provides that when a firefighter is pregnant, the firefighter and her physician shall determine when the health of the firefighter would render it advisable for the firefighter to cease the active duties of firefighting.

Vetoed by the Governor

AB 384 (Goldsmith-R) Reserve peace officers

Specifies that a reserve peace officer serves at the pleasure of the appointing agency and may be terminated at any time, and that a reserve peace officer terminated for cause shall be provided notice and opportunity for hearing.

(Died in Senate Appropriations Committee)

AB 427 (Knox-D) Public employees' health benefits: domestic partners

Authorizes state and local employers to elect to offer health care coverage to domestic partners of their employees and annuitants.

(Died in Assembly Appropriations Committee)

AB 528* (Bordonaro-R) Public employee retirement

Represents the terms of memorandum of understanding between the state employer, the State Department of Personnel Administration and State Bargaining Unit 16, the Union of American Physicians and Dentists, as specified.

Chapter 88, Statutes of 1998

AB 617 (Floyd-D) State employees: retirement

Requires that employees of the State Departments of Corrections, the Youth Authority, Mental Health, and Developmental Services who are subject to the state safety members retirement formula (2% at 55) instead, be subject to the retirement formula prescribed in statute for state peace officers/firefighters (2.5% at 55). Specifies that these requirements shall be operative if authorized by, and in accordance with, a memorandum of understanding reached between the state and the exclusive bargaining agent of the respective bargaining units. Allows affected employees to elect to remain subject to their current retirement formula.

(Died in Assembly Appropriations Committee)

AB 626 (Baca-D) Veterans' preference: local agencies

Requires any city or county which has established a civil service system and entrance examination for the selection of appointive officers and employees, the board of supervisors or city council, by January 1, 2000, shall either implement a veterans' preference system, giving preference to a veteran over other identically qualified applicants, or shall adopt a resolution identifying reasons that it does not implement a veterans' preference system. States legislative intent that a board of supervisors or city council may seek the voluntary assistance of a veterans' service office serving that area in implementing a veterans' preference system.

Vetoed by the Governor

AB 842 (Strom-Martin-D) Public employees: retirement

Authorizes state employees who are in the Second Tier retirement plan of the Public Employees' Retirement System to elect to participate in the Tier One plan. The irrevocable election must be made between January 1, 1999 through December 31, 1999. Members who elect to change from Tier Two to the Tier One Benefit Level may also elect to have their previous service in Tier Two converted to the second tier plan. The members can make this determination at any time before their retirement date.

(Died in Senate Appropriations Committee)

AB 981 (Wildman-D) Public employees' retirement

Provides that certain state managers, confidential or supervisory employees receive 3 years of additional age and 3 years of additional service credit if they retire before April 30, 1999. University of California employees are exempt from these provisions. Provides that 20% of the positions vacated by members who receive this early retirement incentive shall remain vacant for four years or until the costs of the increased benefits are offset. When necessary, the Governor may exempt certain positions from remaining unfilled. States legislative intent that the Governor use the existing executive order power to offer all state, nonschool member, employees an additional two years of retirement service credit.

(Died in Senate Appropriations Committee)

AB 1094 (Assembly Judiciary Committee) Elected officials: marriage ceremonies

Adds to the list of persons who may solemnize a marriage a legislator or constitutional officer of this state, or a member of Congress from this state, while that person holds office.

Chapter 932, Statutes of 1998

AB 1166 (House-R) Public employees: retirement

Requires, effective January 1, 1999, all agencies who do not qualify as a public agency under the Public Employees' Retirement System (PERS) and are seeking to participate in the PERS retirement plan pursuant to exceptions granted under current law to obtain a written advisory opinion from the State Department of Labor that their participation in PERS will not jeopardize PERS' governmental plan status. Permits active, inactive, and retired PERS members who reside outside of California the opportunity to obtain a PERS Home Loan for their primary residence. Makes other technical and clarifying changes.

Chapter 678, Statutes of 1998

AB 1174 (Thompson-R) County government employees

Authorizes Riverside County to contract for temporary help for up to 180 days to facilitate the move into a new county hospital facility, through June 30, 1998. Excludes police officers and firefighters from these provisions. Requires that the provisions be subject to collective bargaining under the Meyers-Milias-Brown Act.

(Died in Senate Local Government Committee)

AB 1236 (Floyd-D) Public employees: public safety

Gives public safety officers certain rights prior to being interrogated about non-criminal matters once such matters are likely to result in punitive action, as specified.

(Failed passage in Senate Public Safety Committee)

AB 1291* (Strom-Martin-D) State firefighters: memorandum of understanding

Represents the terms of a Memorandum of Understanding between the state employer, the Department of Personnel Administration and State Bargaining Unit 8, the California Department of Forestry Firefighters.

Chapter 1024, Statutes of 1998

AB 1347 (Kaloogian-R) Public employee organizations: political activities

Requires an employee organization, as defined, to disclose, in writing, to its members before the dues or other fees for membership in the employee organization are required to be paid, the actual amount it spends on political activities.

(Died in Assembly Public Employees, Retirement and Social Security Committee)

AB 1473 (Perata-D) Public employee retirement

Increases the maximum annual cost of living adjustments for state employees from 2% to 3%. Changes the effective date for the annual adjustment of monthly retirement allowances (for Public Employees' Retirement System retirees) from April 1 to January 1. Changes the first payment of the annual adjustment from May to April beginning with April 1, 1998.

(Died in Assembly Appropriations Committee)

AB 1596 (Assembly Public Employees, Retirement And Social Security Committee) Public employees' benefits

Makes State Department of Justice criminalists and print analysts state safety members, rather than miscellaneous members. Double-joined with AB 1166 (House-R).

Vetoed by the Governor

AB 1600* (Assembly Public Employees, Retirement And Social Security Committee) State employees: memoranda of understanding

Approves provisions that require the expenditure of funds of unspecified memoranda of understanding entered into between the state employer and specified employee organizations, and would provide that the provisions of any memorandum of understanding that require the expenditure of funds shall become effective even if the provisions of the memorandum of understanding are approved by the Legislature in legislation other than the annual Budget Act.

(Died in Assembly Public Employees, Retirement and Social Security Committee)

AB 1640 (Migden-D) Public employees: retirement benefits

Allows California Public Employees' Retirement System contracting agencies and school employers to provide a lump sum death benefit in the amount of $2,000, $3,000, $4,000 or $5,000, whichever amount is designated by the employer in its contract, in lieu of the $500 or $600 lump sum death benefit in current law.

Chapter 296, Statutes of 1998

AB 1744 (Knox-D) Public employee retirement system investments

Prohibits the Public Employees' Retirement System (PERS) and the State Teachers' Retirement System (STRS) from investing trust funds in tobacco companies (i.e., business entities with more than 10% of gross revenue from tobacco products, more than ten percent of its personnel involved in tobacco products, or more than 10% of business activities in tobacco products). Specifies PERS and STRS must not make any additional or new investments or renew existing investments in any tobacco company on or after January 1, 1999, and requires that the divestment be phased in over three years, with a reduction of one-third of current holdings annually beginning January 1, 2000, and continuing until January 1, 2002.

(Died in Assembly Appropriations Committee)

AB 1766 (Takasugi-R) County employee retirement systems: administration

Authorizes the county board of supervisors to increase from three to five the number of meetings for which appointed members and the elected retired member can receive compensation. Clarifies that the retirement board members' first responsibility is to the retirement system. Clarifies that the district or the board of supervisors remain liable for any unfunded actuarial liability attributable to the employees of that agency in the event that agency withdraws from the 37 Act County Retirement System. This section also sets out a formula for determining the withdrawing agency's unfunded liability. Allows the retirement board to hire a certified public accountant to conduct the annual audit of the system's financial condition instead of using the county auditor.

Chapter 109, Statutes of 1998

AB 1774 (Ackerman-R) Local agency employees

Modifies the current statutory limitation on the maximum cash settlement that a local agency contract employee may receive upon termination of the contract.

(Refused passage on Senate Floor)

AB 1814 (Wildman-D) Public Employees' Retirement System: benefits

Requires retirement allowances paid with respect to state members of the Public Employees' Retirement System who retired or died anytime from January 1, 1981, through December 31, 1989, to increase, by 1%, to 5% of their base allowance, as specified. Specifies that the ad hoc increases pursuant to #1 above become payable on April 1, 2000, using the 1999 calendar year as the base year for annual adjustments of allowances.

(Died in Assembly Appropriations Committee)

AB 1892 (Wayne-D) Public Employees' Retirement System: benefits

Restores allowances to surviving spouses of deceased California Highway Patrol, state safety, or state peace officer/firefighter members which had been discontinued upon their remarriage.

Chapter 719, Statutes of 1998

AB 1917 (Alquist-D) State employees: catastrophic leave

Requires the State Department of Personnel Administration (DPA), in conjunction with state employee organizations, to study the feasibility of developing a catastrophic leave bank program for all state managers, supervisors, confidential, or other excluded employees under the Ralph C. Dills Act, as specified. Requires DPA to complete this study and prepare and submit a report of its findings to the Legislature by July 1, 1999. Sunsets January 1, 2000.

(Died in Assembly Appropriations Committee)

AB 2099 (Bowler-R) Public Employees' Retirement System

Authorizes agencies contracting with the Public Employees' Retirement System that have excess employer retirement assets to use the excess to pay employee retirement contributions.

Chapter 231, Statutes of 1998

AB 2295 (Scott-D) State employees: health benefits

Permits specified state retirees and family members, who, for certain reasons, were not covered by the state health benefits as active state employees, to enroll in the Public Employees' Medical and Hospital Care Act during a 60-day open enrollment period beginning January 1, 1999, as specified.

Vetoed by the Governor

AB 2342 (Cunneen-R) Public employees: benefits

Allows surviving spouses of patrol officers who are killed in the line of duty to receive the workers' compensation death benefits, in addition to the death benefit already provided by the Public Employees' Retirement System.

Chapter 770, Statutes of 1998

AB 2365 (Cedillo-D) Public Employees' Retirement System: benefits

Establishes a new contract option for the State Public Employees' Retirement System local contracting agencies, allowing them to contract for a new 1959 Survivor Benefit program (Level 5), and closes several existing 1959 Survivor Benefit program options on a prospective basis for new contracts and new contract amendments.

Vetoed by the Governor

AB 2437 (Ortiz-D) Public Employees' Retirement System: benefits

Establishes a new level of benefits for state and school employee participants in the 1959 Survivor Benefit program, making the benefit level more comparable to that provided by Social Security. Sunsets January 1, 2009.

Vetoed by the Governor

AB 2462 (Villaraigosa-D) State employees: employer-employee relations

Extends the provisions of the Memorandum of Understanding entered into by the state and an employee organization representing employees in units 1, 2, 3, 4, 7, 9. 10, 11, 12, 13, 14, 15, 17, 18, 20, and 21 that were in effect on June 30, 1995, and will govern relations between the state and applicable employee organizations until June 30, 1999, as specified.

(Died on Senate Third Reading File)

AB 2472* (Leonard-R) State employees: memoranda of understanding

Ratifies the memorandum of understanding between the State and Bargaining Unit 6 (which consists of approximately 24,314 full-time employees of the State Department of Corrections). Establishes the provisions of the State Peace Officers' and Firefighters' Defined Contribution Plan, to distinguish the plan as separate from the PERS Defined Benefit Plan.

Chapter 820, Statutes of 1998

AB 2524* (Ashburn-R) County employee retirement systems

Makes the decision of the California Supreme Court in Ventura County Deputy Sheriffs' Association v. Board of Retirement of Ventura County Employees Retirement Association, 16 Cal. 4th 483, in which the court determined that specified forms of premium compensation were includable in compensation earnable and in the calculation of retirement benefits, not applicable to the calculation of any retirement benefits first payable prior to October 1, 1997, the date the court decision became final, or have effect on any amount payable with respect to those benefits before or after that date, make legislative findings and declarations with respect to the purpose and intent of the provisions.

(Died in Assembly Public Employees, Retirement and Social Security Committee)

AB 2565 (Honda-D) Vehicles: Department of the California Highway Patrol

Provides that the State Department of Personnel Administration, when determining compensation for communications operators in the California Highway Patrol, may consider total compensation for communications operators in comparable positions in the police departments of the cities of Los Angeles, Oakland, San Diego, and San Jose, and the City and County of San Francisco. Makes legislative findings and declarations.

Vetoed by the Governor

AB 2603 (Gallegos-D) Local Government Labor Relations Improvement Act of 1998

Creates the Local Government Labor Relations Improvement Act of 1998 which adds new provisions to the Meyers-Milias-Brown Act relating to binding arbitration and dispute resolution, as specified.

Vetoed by the Governor

AB 2615 (Machado-D) County retirement: benefits: cost-of-living adjustments

Provides an optional alternative mechanism for pre-funding cost-of-living adjustments for retirees of the 20 counties that participate in County Employees Retirement Act of 1937, by authorizing the boards of supervisors to elect to provide an additional prefunded 1% increase in the present cost-of-living adjustment for each full 3% annual increase in the cost-of-living over the existing maximum cost-of-living adjustment factor. Specifies that these increases will be used to offset any existing accumulated carry-over cost-of-living adjustment balances.

Vetoed by the Governor.

AB 2654* (Richter-R) State firefighters: salary increase

Appropriates sufficient funds to the State Controller to provide all state employees represented by Bargaining Unit 8 (state firefighters) and their corresponding managers and supervisors a 15% salary increase, effective March 1, 1998.

(Died in Assembly Appropriations Committee)

AB 2736 (Cardoza-D) State employees: pay differential

Requires that longevity-based pay differentials of 1% to 7% of gross monthly salary be provided to employees excluded from collective bargaining under the Ralph C. Dills Act who have 17 or more years of state service, as specified, effective January 1, 1999. Additionally, requires that on January 1, 2000, and each year thereafter, each state employee excluded from the Dills Act with at least 19 but less than 23 years in state service receive a pay differential equal to 1% of that employee's gross monthly salary, and each employee with 23 years in state service receive a one-time pay differential equal to 2% of that employee's gross monthly salary.

(Died in Assembly Appropriations Committee)

AB 2763 (Assembly Public Employees, Retirement And Social Security Committee) County employee retirement systems: benefits

Authorizes the Los Angeles County Board of Supervisors and the Alameda County Board of Supervisors to adopt provisions of the County Employees' Retirement Law of 1937 that currently excludes both counties, as specified. Adds Kern County to the existing list of counties that are currently allowed to transfer assets between the California Public Employees' Retirement System and county retirement systems.

Chapter 116, Statutes of 1998

AB 2764 (Assembly Public Employees, Retirement And Social Security Committee) Public employee retirement and health benefits

Makes the following changes to the Public Employees' Retirement and Public Employee Health Benefits law: authorizes contracting agencies to provide service credit to employees for service under a prior retirement system; allows judges to purchase service credit for service as a federal judicial officer; authorizes all local employers to negotiate a vesting period for post retirement health benefits; requires deferred compensation plans to conform to the Federal Small Business Job Protection Act of 1996; authorizes county boards of supervisors to include hazardous materials personnel in safety membership; and authorizes the Los Angeles County Retirement System to offer a specified health plan to active employees of Los Angeles County.

Chapter 996, Statutes of 1998

AB 2767 (Assembly Public Employees, Retirement And Social Security Committee) Public employee health benefits: contributions

Provides that health benefit plan coverage premium increases for state officers and employees that occur between March 1, 1998, and the ratification of collective bargaining agreements will be paid by the state.

(Died in Senate Appropriations Committee)

Lottery

SB 374 (Leslie-R) Lien: public assistance

Authorizes any state or county entity to place a lien upon more than $600 dollars, of California State Lottery winnings of those who received state or county public assistance during the preceding 10-year period. Recipients of, or applicants for, public assistance from the state or counties must agree to the lien commencing January 1, 1998. Specifies that the lien should not exceed one-half of the total amount won by the recipient in the lottery. Excludes costs of hospitalization from the lien, as well as costs of interment photos. States legislative intent that any proceeds may be deposited in a fund for computers for school facilities.

(Died in Senate Health and Human Services Committee)

SB 1468* (Rosenthal-D) State lottery monies: education

Adjusts, among other things, the per average daily attendance (ADA) amount that school districts and other educational entities receive in lottery funds, so that they are not adversely affected by the change in the definition of ADA.

Chapter 846, Statutes of 1998

SCA 6 (Polanco-D) California State Lottery: keno

Permits the Legislature to provide for the conduct of Keno by the state lottery, and provides for the disposition of the revenues derived from that game, as specified.

(Died in Senate Governmental Organization Committee)

AB 1453 (Cardenas-D) California State Lottery: Cardenas Textbook Act of 2000

Enacts the Cardenas Textbook Act of 2000, which provides that 50% of any increase beyond the 34% of Lottery revenues, as calculated for the 1997-98 fiscal year, and currently given to K-12 school districts and community college districts, will be allocated to the schools for the sole purchase of instructional materials. Specifies that funds are to be distributed on the basis of an equal amount per unit of average daily attendance. Becomes effective only upon approval by the voters, and requires the act to be submitted to the voters at the next statewide election occurring at least 131 days after enactment of this bill.

Chapter 800, Statutes of 1998

Similar legislation was AB 2408 (Morrissey-R), which died in the Assembly Governmental Organization Committee; and AB 2619* (Cardenas-D), which died in the Assembly Appropriations Committee.

ACA 23 (Bordonaro-R) California State Lottery

Abolishes the California State Lottery.

(Died in Assembly Governmental Organization Committee)

Gaming

SB 25 (Maddy-R) Gambling establishments

Requires state licensing of publicly traded corporations that (1) own an interest in the premises of, or real property used by, a gambling establishment, (2) provide nongambling services on the premises, as specified, and (3) provide that any person required to apply for a gambling license-landlord must qualify to hold a gambling license-owner if the person is determined to exercise a significant degree of control over the gambling operation or enterprise.

Vetoed by the Governor

SB 137 (Maddy-R) Gaming clubs, bars, and taverns: smoking

Allows smoking in gaming clubs, bars and taverns until January 1, 1999. Allows smoking only in establishments with a specified ventilation system after January 1, 1999.

(Died in Senate Judiciary Committee)

Similar legislation was SB 539 (Johnson-R), which died on the Assembly Inactive File; SB 1513 (Knight-R), which failed passage in the Assembly Governmental Organizational Committee, AB 297 (Vincent-D), which died in the Senate Health and Human Services Committee; and AB 869 (Floyd-D), which failed passage in the Assembly Labor and Employment Committee.

SB 287 (Burton-D) Tribal-state gaming compacts

Ratifies 11 gaming compacts negotiated between the State of California and Native American tribes, and establishes a process for ratifying other compacts.

Chapter 409, Statutes of 1998

This bill is identical to SB 1502 (Burton-D), which died in the Assembly Governmental Organization Committee; and AB 1447 (Cedillo-D), which died in the Assembly awaiting concurrence.

SB 777 (Leslie-R) Gambling: interactive computer service or system

Provides that it is a misdemeanor to use the Internet or other interactive computer service or system to engage in gaming, as specified, to transmit bets or wagers, or to receive money or credit as a result of gaming or placing bets or wagers. Does not apply to the California State Lottery or any type of gambling operation otherwise authorized by law.

(Died in Senate Public Safety Committee)

SB 1469 (Knight-R) Gambling

Allows specified private gaming clubs to be licensed to operate as private gaming clubs until July 1, 2000, after which time the clubs may only operate if the local jurisdiction approved an ordinance allowing these clubs to operate as public gaming clubs, as specified. Makes various changes to the Gambling Control Act of 1997.

Chapter 603, Statutes of 1998

SB 1513 (Knight-R) Alcoholic beverages: smoking lounges

Provides bar owners and employees the option to allow smoking as long as the bar owner obtains (1) a smoking lounge permit from the State Department of Alcoholic Beverage Control that certifies the building's ventilation system is adequate for proper ventilation, or (2) all employees in the establishment signed a waiver granting permission for smoking to occur.

(Failed passage in Assembly Governmental Organization Committee)

Similar legislation was SB 137 (Maddy-R), which died in Senate Judiciary Committee; SB 539 (Johnson-R), which died on the Assembly Inactive File; AB 297 (Vincent-D), which died in Senate Health and Human Services Committee; AB 869 (Floyd-D), which failed passage in Assembly Labor and Employment Committee; and AB 2917 (Vincent-D), which died in Senate Health and Human Services Committee.

SB 2039 (Lockyer-D) Gambling Control Act

Makes technical and clarifying changes to provisions of the Gambling Control Act of 1997 (SB 8, Lockyer, Chapter 867, Statutes of 1997), requested by the Attorney General.

Chapter 608, Statutes of 1998

SCA 21 (Polanco-D) Indian gaming: tribal-state compacts

Enacts the Tribal Government Gaming Act of 1998 which permits the Legislature to authorize the establishment, operation, and regulation of casinos on Indian lands located within the state that are under the jurisdiction of a federally recognized Indian Tribe, as specified.

(Died in Senate Governmental Organization Committee)

AB 518* (Brown-D) Gaming clubs

Allows gambling establishments to collect fees in accordance with the manner fees were collected as of January 1, 1997, until regulations are adopted by the Gambling Control Commission. Makes technical changes to the Gambling Control Act.

Chapter 423, Statutes of 1998

AB 1014 (Brown-D) Gaming: bookmaking or pool selling

Adds to existing law relating to illegal gambling that every person who writes, creates, broadcasts, or solicits the publication or distribution of advertising or other promotional material for the purpose of promoting the laying, placing, making, offering, or accepting of a wager upon the result or purported result of any trial, contest, lot, chance, casualty, as specified, is also guilty of a misdemeanor or a felony, subject to those same criminal penalties.

(Died in Assembly Governmental Organization Committee)

AB 2296 (Granlund-R) Gambling: prop-players

Legalizes "prop players" funded by third parties in the state's card rooms, if certain conditions are met.

(Died in Assembly Governmental Organization Committee)

AB 2297 (Vincent-D) Gambling

Extends, until January 1, 2003, the moratorium on elections to authorize new or expand existing card clubs in five-counties. Allows a corporation to purchase the security held by an individual denied a gambling license at book value or market value and makes various technical changes to the Gambling Control Act of 1997.

Chapter 869, Statutes of 1998

AB 2415* (Brown-D) Gambling

Deletes a provision "grandfathering" the method of card club player fee collection used in most jurisdictions pending the adoption of fee regulations by the Division of Gambling Control or the Gambling Control Commission.

Chapter 424, Statutes of 1998

Similar legislation was AB 518 (Brown-D), Chapter 423, Statutes of 1998.

Horseracing

SB 27 (Maddy-R) License fee relief

Provides that thoroughbred racing associations conducting a live race meeting in the northern zone must pay a state license fee equal to 1.3% of the total amount wagered on live races. Thoroughbred associations conducting live race meetings in the central and southern zones must pay a state license fee equal to 2% of the total amount wagered on live races. From the amount remaining after the deductions for state and local taxes (.33% to the host city), equine research (0.1%) and for the official registering agency for breeding incentive programs (.54%), 51.9% must be distributed as track commissions, and 48.1% must be distributed as owner purses. Makes other changes. This bill was a Budget Trailer bill to provide license fee relief to the horse racing industry.

Chapter 335, Statutes of 1998

SB 28 (Maddy-R) Horseracing: stabling and vanning

Provides that auxiliary stabling facilities in the central and southern zone do not have to be affiliated with a licensed racing association in order to receive reimbursements for the costs of providing additional stalls and vanning costs beyond what is available and required under current law.

Chapter 516, Statutes of 1998

SB 29 (Maddy-R) Horse racing

Authorizes fairs that conduct live horse racing in the northern zone to allow a joint powers authority to administer and distribute purses in accordance with existing law. Allows promotional contests or sponsorship contributions to be distributed by a fair as payment in addition to purses.

Chapter 619, Statutes of 1998

SB 44* (Maddy-R) Horseracing

Adds language to existing law which clarifies the intent of SB 26 (Maddy), Chapter 65, Statutes of 1997, by providing that specified premiums for Cal-bred stakes apply only to thoroughbred and quarter horse racing.

Chapter 12, Statutes of 1998

SB 103* (Maddy-R) Horseracing: thoroughbred racing

Requires any association, including a fair, that conducts thoroughbred racing to pay to the owners' organization contracting with the association an additional percentage for a national marketing program, as specified, to promote thoroughbred racing unless the owners' organization chooses not to contribute to the program. Sunsets January 1, 2004.

Chapter 10, Statutes of 1998

SB 141 (Maddy-R) Horseracing: account wagering

Authorizes any California racing association, with the approval of the California Horse Racing Board (CHRB), to establish accounts with out-of-state bettors and to accept wagers placed by telephone or other communication means approved by the CHRB on races conducted or disseminated by the association.

(Died in Assembly Governmental Organization Committee)

Similar legislation was SB 777 (Leslie-R), which died in the Senate Public Safety Committee.

SB 1375 (Rosenthal-D) Horse racing

Redirects to the harness industry's California-bred incentive programs the state license fee imposed upon out-of-state wagers placed on California harness races, and further provides that the distribution of owner purses is subject to agreement between two associations that represent the same breed of horse.

Vetoed by the Governor

Similar legislation was AB 422 (Floyd-D), which was also vetoed.

SB 1461 (Maddy-R) 21st District Agricultural Association

Provides that, as of January 1, 1999, the State of California shall forgive any existing debt of the 21st District Agricultural Association (Fresno Fair) for financing improvements at the fairgrounds, as specified. Contains legislative findings and declarations relative to the necessity of the bill.

(Died in Assembly Appropriations Committee)

Similar legislation was AB 1026 (Brown-D), which also died in Assembly Appropriations Committee.

SB 1527* (Knight-R) Horse racing: wagering

Authorizes the California Horse Racing Board to adopt regulations that disqualify any horse in a race that tests positive for a prohibited drug substance upon a finding that the prohibited drug substance had the potential to significantly affect the horse's performance during the race, as specified.

(Died in Senate Governmental Organization Committee)

SB 2007 (Kelley-R) Horse racing

Deletes from the intent section of California Horse Racing Law the statement relating to one of the purposes of horseracing being to generate public revenues, and instead provides that the intent of horseracing includes supporting the network of California fairs.

Chapter 161, Statutes of 1998

SB 2182 (Costa-D) Horse racing: satellite wagering

Authorizes any county fair or district agricultural association in Kern County to operate one satellite wagering facility on leased premises within the boundaries of that fair or district agricultural association.

(Died in Senate Governmental Organization Committee)

AB 172 (Wright-D) Horseracing: out-of-state races: license fees

Provides a modified fee structure for thoroughbred horseracing associations and fairs, based on gross wagering revenue, as specified.

(Died in Senate Governmental Organization Committee)

AB 378 (Morrow-R) Horse racing: possessory interest tax offset

Appropriates funds to any city which has lost horse racing revenues as a result of a racing association's ability to use those revenues to pay possessory interest property taxes.

Vetoed by the Governor

AB 422 (Floyd-D) Horce racing: license fees

Takes the license fee of 8% currently paid on monies returned to California on quarter horse races wagered out-of-state and places those funds ($79,000 annually) in the California Quarter Horse Breeders Awards Program for purposes of promoting the breeding, owning, and racing of California quarter horses. Modifies the ability of quarter horses and harness racing associations to accept wagers upon the results of out-of-state and international harness or quarter horse races, as specified, and requires the approval of the California Horse Racing Board in order to import and distribute any out-of-state or international race.

Vetoed by the Governor

Similar legislation was SB 1375 (Rosenthal-D), which was also vetoed.

AB 522 (Vincent-D) Satellite wagering

Requires thoroughbred associations or fairs to accept wagers from, and display the signal of, all in-state associations or fairs. Permits the importation of multiple signals from out-of-state locations on a day when no live thoroughbred or fair racing is being conducted in the state. Provides that the state license fee on imported races on days when no live California racing is being conducted shall be one-half of 1% of the amount remaining after payment to winning bettors. Makes other related changes regarding satellite wagering.

(Died in Senate Governmental Organization Committee)

AB 546* (Floyd-D) Horseracing: quarter horse breeders

Clarifies the definition of "eligible quarter horse sire," and further provides that a minimum of ten percent of all first and second place purse monies earned by an eligible Cal-bred Quarter Horse be distributed to the Cal-bred Breeder. Provides a specified formula whereby a shortfall in this 10% premium will be covered by the owners' and stallion award pools, respectively.

Chapter 32, Statutes of 1998

AB 547 (Floyd-D) Satellite wagering: acceptance of wagers

Provides that if a satellite wagering facility is operated by a quarter horse racing association that is simultaneously conducting a live quarter horse race meet, the horsemen's organization contracting with the association must consent to the acceptance of wagers on other races simulcasted to the satellite wagering facility.

(Failed passage in Assembly Governmental Organization Committee)

AB 952 (Brown-D) Horseracing: satellite wagering

Makes permanent the provision in existing law relating to reduced "breakage" rates for quarter horse racing and clarifies the allocation priorities of the Satellite Wagering Account and the Fair and Exposition Fund.

Vetoed by the Governor

AB 1048 (Vincent-D) Parimutuel wagering

Broadens the definition of "parimutuel wagering" to include those wagers purchased at a racetrack or other facility permitted by law to conduct satellite wagering.

(Died in Assembly Governmental Organization Committee)

AB 1083 (Assembly Governmental Organization Committee) Horse racing

Repeals a January 2, 1999 "sunset" date on a provision of horse racing law allowing the San Mateo County Fair to retain three-quarters of 1% of the out-of-zone wagering handle and to distribute this amount to the Humboldt County Fair, as specified. Repeals a "sunset" date of January 1, 1999, on a provision of horse racing law allowing the deduction of 1.5% from thoroughbred purses to support specified activities of the Thoroughbred Trainers Association and the Thoroughbred Owners of California, as specified. Corrects an obsolete cross-reference in horse racing law.

Chapter 57, Statutes of 1998

AB 1477 (Papan-D) Satellite wagering: out-of-state races

Authorizes limited "full-card simulcasting" wagering on interstate horse races.

(Died in Senate Governmental Organization Committee)

Alcoholic Beverage Control

SB 137 (Maddy-R) Gaming clubs, bars, and taverns: smoking

Allows smoking in gaming clubs, bars and taverns until January 1, 1999. Allows, after January 1, 1999, smoking only in establishments with a specified ventilation system.

(Died in Senate Judiciary Committee)

Similar legislation was SB 539 (Johnson-R), which died on the Assembly Inactive File; SB 1513 (Knight-R), which failed passage in Assembly Governmental Organization Committee; and AB 297 (Vincent-D), which died in Senate Health and Human Services Committee.

SB 452 (Maddy-R) Alcoholic beverages: return to seller

Provides that a beer wholesaler or manufacturer may, with the approval of the State Department of Alcoholic Beverage Control, accept the return from a retail licensee of beer which has been discontinued in a California market area, or a seasonal brand of beer that is no longer marketable. Provides that the beer must be exchanged for a quantity of beer of a brand produced or sold by the same manufacturer, and that the exchanged product has no greater value than the original sale price to the retail licensee. Prohibits a discontinued brand of beer from being reintroduced for a period of 12 months in the same California market area where a return and exchange of beer may take place. Specifies that for seasonal beers, no reintroduction of the product may occur for a six-month period.

Chapter 273, Statutes of 1998

SB 539 (Johnson-R) Alcoholic beverages: breakrooms: smoking

Allows bars, taverns, and gaming clubs to designate breakrooms for smoking, if certain conditions are met.

(Died on Assembly Inactive File)

Similar legislation was SB 137 (Maddy-R), which was referred to Senate Judiciary Committee, pursuant to Senate Rule 29.10, and died there; SB 1513 (Knight-R), which died in the Assembly Governmental Organization Committee; and AB 297 (Vincent-D), which died in Senate Health and Human Services Committee.

SB 796 (Hughes-D) Alcoholic beverages: licenses

Requires that any original or transferred retail license be subject to a one-year probationary period, as specified. Provides that any conviction of a serious violation during that period results in immediate revocation of the license. Prohibits the transfer of any retail license where the licensee is cited for certain statutory or regulatory violations, as specified.

(Died in Senate Governmental Organization Committee)

SB 876 (Vasconcellos-D) Alcoholic beverages: school premises

Provides that the prohibition against the sale or consumption of alcoholic beverages in or on a public schoolhouse or any of the grounds thereof does not apply if the alcoholic beverages are acquired, possessed, consumed, sold, used, given, or delivered during an event observing Independence Day, that is sponsored by a nonprofit public benefit corporation and is held in a general law city with a population that does not exceed a specified number of inhabitants.

(Died in Senate Governmental Organization Committee)

SB 957 (Thompson-D) Alcoholic beverages: out-of-state shipper's license

Authorizes any person licensed in any other state as a wine, beer, or spirits producer, or as a distributor or retailer, to ship directly up to nine liters per household per month of any alcoholic beverage to any adult resident of California for the resident's personal use. An out-of-state shipper's license must be first obtained from the State Department of Alcoholic Beverage Control, as specified.

(Died in Assembly Governmental Organization Committee)

SB 1513 (Knight-R) Alcoholic beverages: smoking lounges

Provides bar owners and employees the option to allow smoking as long as the bar owner obtained one of the following: 1) a smoking lounge permit from the State Department of Alcoholic Beverage Control that certifies the building's ventilation system is adequate for proper ventilation; or 2) all employees in the establishment signed a waiver granting permission for smoking to occur.

(Failed passage in Assembly Governmental Organization Committee)

Similar legislation was SB 137 (Maddy-R), which died in Senate Judiciary Committee; SB 539 (Johnson-R), which died on the Assembly Inactive File; AB 297 (Vincent-D), which died in Senate Health and Human Services Committee; AB 869 (Floyd-D), which failed passage in Assembly Labor and Employment Committee; and AB 2917 (Vincent-D), which died in Senate Health and Human Services Committee.

SB 1589* (Senate Budget And Fiscal Review Committee) Alcohol beverage control: Budget Trailer Bill

Requires, among other provisions, the deposit of all Alcoholic Beverage Control Board original license fees in the Alcoholic Beverage Control Fund.

Chapter 328, Statutes of 1998

SB 1621 (Rosenthal-D) Alcoholic beverages: beer tapping equipment

Allows any manufacturer to furnish a wholesaler, and a wholesaler or manufacturer to furnish to an on-sale licensee, specified alcoholic beverage tapping equipment.

Chapter 277, Statutes of 1998

SB 1696 (Alpert-D) Alcoholic beverages

Requires law enforcement agencies to notify licensees of the results of minor decoy programs and authorizes licensees to seize false identification or the identification of underage customers. Contains provisions contained in AB 1204 (Keeley-D), to prevent chaptering out problems.

Chapter 565, Statutes of 1998

Similar legislation was AB 1204 (Keeley-D), Chapter 441, Statutes of 1998; and AB 2029 (Keeley-D), which died in the Assembly Governmental Organization Committee.

SB 1710 (Polanco-D) Alcoholic beverages: licenses

Provides that any on-sale licensee authorized to sell wine may also sell soju, an imported Korean alcoholic beverage that contains not more than 24% of alcohol by volume and is derived from agricultural products.

Chapter 204, Statutes of 1998

SB 2011 (Thompson-D) Wine: standards of identity and quality: wine products

Authorizes the State Department of Health Services to establish, by regulation, definitions and standards of identity relating to wine products.

(Died on Assembly Inactive File)

AB 569 (Floyd-D) Alcoholic beverages: licensees

Provides that if an alcoholic beverage licensee has not had a violation involving a sale to a minor within the past three years, and the licensee has a State Department of Alcoholic Beverage Control (ABC) certified training program that features a minor sales component (under which the employee who made the sale has received training), ABC may offer the licensee a reduced penalty of a ten-day suspension, all of which may be stayed.

(Died in Assembly Governmental Organization Committee)

AB 704 (Strom-Martin-D) Alcoholic beverages: delivery

Authorizes licensed beer manufacturers to deliver beer on Sundays to nonprofit entities for events held on those days.

(Failed passage in Assembly Governmental Organization Committee)

AB 900 (Cardenas-D) Community Alcohol Education Grant Program

Increases the annual license fee charged to retail off-sale beer and wine licensees from the current fee of $24 to $240. Provides that the additional revenue is to be used to fund the State Department of Alcoholic Beverage Control's Grant Assistance to Local Law Enforcement Agencies Program.

(Died in Assembly Governmental Organization Committee)

AB 953 (Brown-D) Alcoholic beverages: sweepstakes: contests

Permits consumer sweepstakes or contests offering the chance to win prizes or other things of value sponsored by a distilled spirits or beer supplier if conditions are met.

(Died in Senate Rules Committee)

AB 1002 (Thompson-R) Alcoholic beverages: minors

Increases penalties for minors who purchase, attempt to purchase, are in possession of, or who use false identification to purchase alcohol.

(Died in Senate Public Safety Committee)

AB 1177 (Caldera-D) Alcoholic beverages: sale to minors

Allows any city, county, or city and county to enact any local ordinance that regulates the sale of any alcoholic beverage to persons under the age of 21 years, as specified. Increases the annual license fee for retail licenses by a special assessment. Specifies that the revenues from the assessment are to be placed in a special fund to be allocated to maintain a special unit in the State Department of Alcoholic Beverage Control relating to sales to persons under the age of 21 years, as specified.

(Died in Assembly Governmental Organization Committee)

AB 1204 (Keeley-D) Alcoholic beverages: minors

Increases the misdemeanor penalty for a defendant who purchases an alcoholic beverage for another person under the age of 21 years, if the person under age 21 then consumes the alcohol and thereby proximately causes great bodily injury to death to himself, herself, or any other person.

Chapter 441, Statutes of 1998

AB 1234 (Aroner-D) Alcoholic beverages: advertising: minors

Requires the formation of an advisory committee to establish guidelines by January 1, 2000, for the use of characters, caricatures, or similar material in the advertisement of alcoholic beverages. Specifies that the guidelines must specifically restrict the use of these materials from encouraging minors to drink alcoholic beverages. Requires that the guidelines developed by the advisory committee are to be reported to the Legislature and enforced by the State Department of Alcoholic Beverage Control, as specified.

(Failed passage in Assembly Governmental Organization Committee)

AB 1750 (Pringle-R) Alcoholic beverages: tied-house restrictions

Modifies present tied-house statutes to allow beer and wine wholesalers to serve food and alcoholic beverages to any person, including other beer and wine wholesalers and their employees or representatives, attending a meeting or visiting the premises of another beer and wine wholesaler.

Chapter 216, Statutes of 1998

AB 1969 (Baldwin-R) Alcoholic beverages: minors: penalties

Increases the penalties for minor possession of alcohol, attempt to purchase alcohol, and the use of false identification to purchase alcohol.

(Died in Assembly Public Safety Committee)

AB 1989 (Thompson-R) Alcoholic beverages: minors

Enhances the penalty for minors who purchase any alcoholic beverage or consume any alcoholic beverage in any on-sale premises by increasing the fine from $250 to $500, and requiring the completion of 32 hours of alcohol education courses.

(Died in Assembly Governmental Organization Committee)

AB 2285 (Brown-D) Alcoholic beverages: instruction: tastings

Allows winegrowers, distilled spirits manufacturers, or on-sale licensees, to offer limited tastings of wine or distilled spirits.

Chapter 248, Statutes of 1998

AB 2416 (Assembly Governmental Organization Committee) Alcoholic beverages

Revises the State Department of Alcoholic Beverage Control's licensing requirements for issuing out-of-state beer manufacturer's certificates and general on-sale licenses to caterers. Allows for the consumption of alcohol at fundraisers held at college facilities, as specified, and certain other facilities owned by a county office of education in a county of the 18th class, with restrictions. Imposes uniform licensing requirements for corporations, limited liability companies, and limited partnerships. Allows for the serving of alcoholic beverages without a license as part of a hot air balloon ride service, as specified.

Chapter 639, Statutes of 1998

AB 2533 (Margett-R) Alcoholic beverages: sale to minors: suspension of license

Requires the State Department of Alcoholic Beverage Control to suspend an alcoholic beverage license for a minimum of 30 days for any licensee who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any person under the age of 21 years.

(Died in Assembly Governmental Organization Committee)

HR 9 (Thompson-R) Alcohol beverage advertising

Urges the directors and management of the alcoholic beverage industry to exercise their responsibilities as shareholders, taxpayers, citizens, and family members, and ban advertising on television in which the audience is predominantly under the age of 21 years.

(Died in Assembly Governmental Organization Committee)

Immigration Issues

SB 34 (Vasconcellos-D) Medi-Cal

Provides Medi-Cal prenatal and obstetric care to undocumented pregnant women.

Vetoed by the Governor

SB 604* (Watson-D) Food Assistance Program

Takes various actions to preserve food stamps and other benefits for legal immigrants. Specifies that farm workers entering California from other states are not considered new applicants for aid and, therefore, ineligible. Presumptively qualifies special agricultural workers for food stamps. Provides food stamps to immigrants who have applied for citizenship or are unable to complete the naturalization process. Limits benefits to adults to 50% of what federal food stamps would have been. Establishes a Food Purchasing Fund, continuously appropriated, to make supplemental food available to soup kitchens and food banks.

(Died in Senate Appropriations Committee)

Similar legislation was SB 904 (Lee-D), which died in Assembly Appropriations Committee; SB 1239* (Watson-D), which died in Senate Appropriations Committee; and AB 1197 (Villaraigosa-D), which died in Senate Appropriations Committee.

SB 809* (Johnston-D) Benefits: aged, blind, and disabled persons

Provides for, among other things, cash benefits to be provided to an undocumented immigrant who receives Supplemental Security Income/Supplementary Payment Program for the Aged, Blind and Disabled benefits on or after August 22, 1996, and whose benefits are terminated as prescribed under existing law.

(Died in Senate Health and Human Services Committee)

SB 938 (Polanco-D) Citizenship assistance

Appropriates $5 million to the State Department of Community Services and Development in augmentation of a specified item in the Budget Act of 1997 for naturalization services. Contains various findings and declarations by the Legislature regarding the population of legal immigrants in California and the need to provide citizenship training for those immigrants.

(Died in Assembly Budget Committee)

SB 1128 (Schiff-D) Crimes: employment of unauthorized aliens

Establishes a penalty structure against employers who hire undocumented persons. Requires the State Employment Development Department to verify the legal residency of workers it refers to employers, and to require the department, when inspecting employers' records, to verify an employer's compliance with specific record-keeping requirements.

(Died in Senate Industrial Relations Committee)

SB 1147* (Senate Health And Human Services Committee) Medi-Cal

Provides full scope Medi-Cal coverage without a share of cost for all qualified aliens (legal immigrants) who lose eligibility for Supplemental Security Income\Supplementary Payment Program due to the federal welfare reform bill.

(Died in Assembly Appropriations Committee)

SB 1348 (Senate Business And Professions Committee) Immigration consultants

Increases, from $10,000 to $25,000, the bond which an immigration consultant is required to file with the Secretary of State, and extends sunset dates relating to immigration consultants for four years, to 2002.

Chapter 790, Statutes of 1998

SB 1398 (Hayden-D) Healthy Families Program

Includes children who are legal immigrants to the United States after August 22, 1996 in the Healthy Families Program.

(Died in Assembly Appropriations Committee)

SB 1605 (Senate Budget And Fiscal Review Committee) Department of Corrections: foreign inmates

Suspends the State Department of Corrections' (DOC) responsibility to notify, annually, inmates with foreign citizenship status of their right to serve the balance of their commitment in the country of which they are a citizen. DOC, instead, will be obligated to notify these individuals only once when the inmates begin to serve their term of commitment.

Vetoed by the Governor

SB 1933 (Johnston-D) Alien workers

Provides workers' compensation and state disability benefits to eligible employees, regardless of immigration status. States that such action is a declaration of existing law.

Vetoed by the Governor

SB 2238 (Senate Business And Professions Committee) Immigration consultants

Provides that any action to enforce a course of action under provisions regulating immigration consultants is to be commenced within four years after the course of action has occurred.

Chapter 879, Statutes of 1998

AB 502 (Ducheny-D) Child welfare services

Requires the state to continue the funding of child welfare services for children who are not lawfully present in the State.

(Died in Assembly Human Services Committee)

AB 785 (Campbell-R) Corrections: undocumented felons

Requires the State Department of Corrections (DOC) to notify the Immigration and Naturalization Services (INS) that a convicted felon in their custody is a suspected undocumented immigrant. Requires DOC to establish a policy for releasing an undocumented immigrant from the custody of DOC to INS.

(Died in Senate Appropriations Committee)

AB 1006* (Ducheny-D) Human services

Provides, among other things, benefits for up to a maximum of 6 months to immigrants who are domestic violence victims and are eligible for special residency under the federal Violence Against Women Act. Establishes a naturalization assistance program to assist legal immigrants in naturalizing and thereby retaining their eligibility for federal Supplemental Security Income\Supplementary Payment Program (SSI\SSP) benefits. Creates a state-only program for SSI\SSP for legal immigrants who are not eligible for federal SSI\SSP benefits due to recent federal restrictions on legal non-citizens. Establishes a state-only Food Stamp program for legal immigrants who are not currently eligible for federal food stamps due to the new federal restrictions on legal non-citizens.

(Died on Senate Inactive File)

AB 1197 (Villaraigosa-D) Health and social services

Provides for In-Home Supportive Services, long-term care, food stamps, cash assistance for the aged, blind and disabled, and citizenship assistance to those legal immigrants ineligible for existing programs due to implementation of federal welfare reform (PL 104-193). Provides eligibility for long-term care to any alien otherwise eligible for Medi-Cal services who does not meet specific requirements for full-scope Medi-Cal benefits, and states that this provision is intended to reconfirm and be declarative of existing law.

(Died in Senate Appropriations Committee)

AB 1408 (Pringle-R) Medi-Cal: long-term services: aliens

Phases out long-term care services for undocumented persons due to implementation of federal welfare reform.

(Died in Assembly Appropriations Committee)

AB 1426 (Martinez-D) Health care

Requires the Secretary of Child Development and Education to report to the Legislature, by March 15, 1999, on its plans to address the health care needs of aliens who will lose their Medi-Cal benefits, including statutory changes necessary to meet the health care needs of immigration. Requires the secretary, in completing the above report, to consult with the Secretary of Health and Welfare, and the Director of Industrial Relations.

(Died in Assembly Health Committee)

AB 2031 (Cedillo-D) Noncitizens: medical programs

Requires continued eligibility for individuals, principally immigrants, who would be eligible for various health care programs but for the passage of the federal Personal Responsibility and Work Opportunity and Reconciliation Act of 1996.

Vetoed by the Governor

AB 2089 (Ackerman-R) Relocation assistance: illegal aliens

Conforms state relocation law to recently enacted federal law requiring states to deny relocation assistance to illegal aliens.

(Failed passage in Assembly Housing and Community Development Committee)

AB 2463 (Villaraigosa-D) Food assistance: cash assistance

Modifies the existing state-only food stamps program to provide food stamp benefits to other legal noncitizens who are ineligible for the federal food stamp program as a result of federal welfare reform. Sunsets on July 1, 2000.

Establishes a state-only program to provide cash assistance to certain aged, blind, and disabled legal noncitizens who are ineligible for the Supplemental Security Income\Supplementary Payment Program as a result of federal welfare reform. Sunsets July 1, 2000.

(Died on Senate Third Reading File)

Similar legislation was AB 1577* (Ducheny-D), which died on the Assembly Inactive File.

AB 2778 (Villaraigosa-D) Health insurance: legal immigrant children

Requires the Managed Risk Medical Insurance Board to provide Healthy Families benefits to income eligible legal immigrant children entering the country after August 22, 1996.

Vetoed by the Governor

AB 2779* (Aroner-D) Citizenship assistance centers

Requires the State Department of Community Services and Development (IDCSD) to contract with, and allocate funds to, citizenship assistance providers to assist legal noncitizens with the naturalization process, and requires these providers to periodically provide DCSD with certain information.

Chapter 329, Statutes of 1998

Similar legislation was AB 72 (Knox-D), which died in Senate Appropriations Committee.

AJR 61 (Ducheny-D) Federal naturalization process

Urges the Commissioner of the Immigration and Naturalization Service, the President, and the Congress of the United States, to eliminate, within ten months, the current backlog in naturalization applications, and to ensure that all future applications will receive a determination within six months of their date of application, and not to increase naturalization fees until the present backlog is eliminated and resources are committed to ensure that future applications will be processed within six months.

Resolution Chapter 74, Statutes of 1994

AJR 64 (Richter-R) High technology for immigrant workers

Memorializes the President and Congress of the United States to lift caps on H-1B visas issued to skilled nonimmigrant workers.

(Died in Assembly Labor and Employment Committee)

Federal Issues

SCR 14 (Haynes-R) Hong Kong sovereignty

Proclaims that maintenance of Hong Kong's democratic institutions, political and civil liberties, and free market system are essential to the continued good relations and economic cooperation that the freedom-loving people of California and the freedom-loving people of Hong Kong now enjoy and memorializes the government of the People's Republic of China to retain permanently the democratic mechanisms and political and civil liberties that the people of Hong Kong have so diligently worked to create and to retain permanently the free market system that the people of Hong Kong have for so long enjoyed.

(Died in Senate Rules Committee)

SCR 68 (Ayala-D) World War II: Bataan Peninsula and Corregidor Island

Recognizes and commends the valor of the men and women of the United States and the Philippines who served on the Bataan Peninsula and Corregidor Island during World War II.

Resolution Chapter 92, Statutes of 1998

SJR 3 (Haynes-R) United States government: balanced budget

Petitions the Congress to adopt an amendment to the Constitution, and submit that amendment to the states for ratification, requiring the President to submit and the Congress to adopt a balanced federal budget, or, in the alternative, for the Congress to call a convention for this specific and exclusive purpose, as specified .

(Died in Senate Rules Committee)

SJR 7 (Solis-D) Hong Kong sovereignty

Urges the President and the Congress of the United States to call upon the People's Republic of China to ensure free and democratic elections in Hong Kong during its transfer of sovereignty from Great Britain.

(Died in Senate Rules Committee)

SJR 14 (Kelley-R) Human cloning

Memorializes the President and the Congress of the United States to ban, outlaw, and take all necessary means to prevent the cloning of human beings.

(Died in Senate Health and Human Services Committee)

SJR 15 (McPherson-R) Gender discrimination

Memorializes the United States Senate to ratify, and the President to sign, the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and memorializes the President and Congress of the United States to enact appropriate legislation which address specified concerns.

(Died in Senate Rules Committee)

SJR 23 (Haynes-R) United Nations: global taxation

Memorializes the Congress of the United States to oppose any legislation to authorize the United Nations to levy taxes on the people and corporations of the United States, and to repudiate any effort to establish new international agencies with the power and authority to impose taxes on international activities and levy global taxes on member state's citizens and corporations.

(Died in Senate Revenue and Taxation Committee)

SJR 28 (Kopp-I) NATO: Inclusion of Poland, Hungary, and the Czech Republic

Memorializes the President and the Congress of the United States to take all actions necessary to support inclusion of the Republic of Poland, the Republic of Hungary, and the Czech Republic as full members of the North Atlantic Treaty Organization.

Resolution Chapter 11, Statutes of 1998

SJR 30 (Karnette-D) Airline service

Requests the President and the Congress of the United States to require the Federal Aviation Administration to mandate minimum service standards for domestic airlines, including, but not limited to, on-time performance, lost baggage, overbooking, overcrowded airplanes, and overcrowded terminals.

Resolution Chapter 114, Statutes of 1998

SJR 33 (Brulte-R) Transportation: Washington National Airport

Memorializes the President and the Congress of the United States to enact legislation to rename the Washington National Airport as the "Ronald Reagan Washington National Airport."

Resolution Chapter 1, Statutes of 1998

Similar legislation was AJR 46 (Kaloogian-R), which died on the Senate Inactive File.

SJR 34 (Johannessen-R) Arlington National Cemetery

Memorializes the President and the Congress of the United States to take all necessary action in the future to ensure that the sacred military burial ground of Arlington National Cemetery is maintained for those currently eligible for burial there.

Resolution Chapter 17, Statutes of 1998

SJR 35 (Solis-D) Filipino veterans of the United States Armed Forces

Memorializes the President and the Congress of the United States, during the Second Session of the 105th Congress, to take action necessary to grant full veterans benefits to Filipino veterans of the United States Armed Forces.

Resolution Chapter 46, Statutes of 1998

SJR 38 (Thompson-D) Lyme disease

Memorializes the federal Food and Drug Administration to accelerate its review of product licensing applications pending before the agency and quickly approve a Lyme disease vaccine. Requests the State Department of Health Services to begin tracking Lyme disease, to develop, in conjunction with the United States Centers for Disease Control and Prevention and community-based support groups, a Lyme disease education program, and to consider the creation of an advisory committee to recommend changes to existing law. Requests the State Department of Industrial Relations to begin to review current California Occupational Safety and Health Administration standards to ensure that those persons who work in occupations and geographical areas where exposure to the disease is likely are offered the vaccine by their employer.

Resolution Chapter 121, Statutes of 1998

SJR 40 (Lockyer-D) Salvaged vehicles

Memorializes the President and the Congress of the United States to ensure that legislation pertaining to salvaged vehicles includes (1) explicit language permitting the states to adopt additional, more stringent requirements for the disclosure of a vehicle's history, (2) a requirement that each transferor of a motor vehicle disclose to the transferee, in writing, at or before the time of sale, whether the vehicle is a salvage vehicle or a rebuilt salvage vehicle, and 3) language explicitly leaving in place any and all California laws providing consumer protections and allowing the State Attorney General to bring criminal and civil actions to recover restitution and civil penalties and civil penalties against sellers who intentionally sell former salvage vehicles without full disclosure.

Resolution Chapter 147, Statutes of 1998

SJR 41 (Thompson-D) Marine weather buoys

Memorializes the Congress of the United States to work together with the National Oceanic and Atmospheric Administration and the National Weather Service to enact legislation that provides funding for the implementation of a permanent marine weather buoy system to protect marine safety, lives, and property, and to ensure that opportunities for marine economic and recreational activities are preserved.

Resolution Chapter 73, Statutes of 1998

SJR 42 (Thompson-D) Organic food

Urges President Clinton and the United States Department of Agriculture to redraft regulations proposed by the United States Department of Agriculture concerning organic food to reflect the recommendations of the National Organic Standards Board and ensure compatibility with the California Organic Foods Act of 1990.

Resolution Chapter 36, Statutes of 1998

SJR 43 (Polanco-D) Credit unions

Request the United States Senate and the President of the United States to support the enactment of and sign legislation to protect the rights of California residents to join credit unions.

Resolution Chapter 81, Statutes of 1998

SJR 44 (Monteith-R) Methyl bromide

Memorializes the President and the Congress of the United States to reconsider the imposition of the ban on methyl bromide scheduled to occur in 2001.

(Died in Senate Agriculture and Water Resources Committee)

SJR 45 (Polanco-D) Federal transportation funding

Memorializes the Secretary of the United States Department of Transportation to provide full federal transportation funding, as specified, to ensure safe and cost-effective transportation into the 21st century through California's ports of entry into Mexico, including the timely completion of State Highway Routes 7 and 905.

Resolution Chapter 148, Statutes of 1998

SJR 46 (Watson-D) The "Better Budget Resolution"

Urges the Congress of the United States to redirect money from the military budget, if the military budget is reduced, to the several states for the purpose of meeting specified domestic needs.

(Died on Senate Inactive File)

SJR 47 (Knight-R) Termination of the Internal Revenue Code of 1986

Memorializes the President and the Congress of the United States to enact H.R. 3097 to terminate the Internal Revenue Code of 1986.

(Died in Senate Revenue and Taxation Committee)

SR 24 (Burton-D) The Irish peace process

Endorses the interest and involvement of the United States in the Irish peace process and the pursuit of a new democracy in Ireland through peace, justice, and reconciliation. Resolves that the President of the United States, the Prime Minister of Britain, and the Taioseach of Ireland should encourage the coming together of the people of Ireland and promote the end of partition, emergency legislation, and religious discrimination and the corruption of law that sustains it.

Adopted by the Senate

SR 26 (Watson-D) Former Representative Bella Abzug

Resolves that the exemplary life, outstanding achievements, and illustrious record of professional accomplishment and civic achievement of Former Representative Bella Abzug be memorialized and that her bereaved family and friends be extended heartfelt sympathy.

Adopted by the Senate

SR 30 (Johannessen-R) Memorial Day

Calls upon all Californians to remember and honor, on Memorial Day, May 25, 1998, veterans who died for their country in various wars and conflicts.

Read and adopted

Similar legislation was ACR 154 (Floyd-D), which became Resolution Chapter 59, Statutes of 1998.

SR 33 (Haynes-R) China and the threat of nuclear attack

Memorializes the Congress and the President of the United States to take the necessary measures to deploy a ballistic missile defense system, in order to protect the lives, liberty, and property of the citizens of California from foreign nuclear attack. Recommends to the State Treasurer and state agencies that they divest California public investments in any corporation of the People's Republic of China that is owned by the People's Liberation Army or is in the business of producing weapons of mass destruction.

(Died in Senate Governmental Organization Committee)

SR 36 (Haynes-R) Judge Roy Moore

Supports Judge Roy Moore of Alabama and supports his efforts to keep the Ten Commandments on the walls of his courtroom.

(Died in Senate Judiciary Committee)

ACR 47 (Scott-D) The Armenian Genocide

Declares April 24, 1997, Genocide Remembrance Day, welcomes the opening of the Armenian Genocide Memorial Museum of America, and declares the Museum a center of scholarship.

(Died in Assembly Rules Committee)

ACR 48 (Wildman-D) Armenian Genocide

Provides that the Legislature deplores the persistent, ongoing, and malicious efforts by some persons in this country and abroad to deny the historical reality of the Armenian Genocide; commends the vital, ongoing work of responsible historians and organizations who work to properly memorialize the victims of the Armenian Genocide and teach all those willing to learn profoundly compelling and universally resonant moral lessons; proclaims April 24, 1997, and every April 24 thereafter as State Day of Remembrance; and calls upon the people of California to observe this day as a day of remembrance for all victims of genocide, including those of Armenian ancestry who succumbed to the genocide perpetrated between 1915 and 1923.

(Died in Assembly Rules Committee)

ACR 79 (Aguiar-R) International Day of Prayer for the Persecuted Church

Recognizes November 15, 1998, as the International Day of Prayer for the Persecuted Church.

(Died in Senate Rules Committee)

ACR 85 (Wildman-D) 100th anniversary of Philippine Independence

Extends special congratulations to Filipino-American communities throughout California upon the occasion of the 100th anniversary of Philippine Independence from Spain and convey to these communities best wishes for continued success in the coming years.

Resolution Chapter 9, Statutes of 1998

Similar legislation was ACR 164 (Baca-D), which died in Assembly Rules Committee.

ACR 134 (Wildman-D) Armenian Genocide

Deplores the persistent, ongoing, and malicious efforts by some persons in this country and abroad to deny the historical reality of the Armenian Genocide; commends the vital, ongoing work of responsible historians and organizations who work to properly memorialize the victims of the Armenian Genocide and teach all those willing to learn profoundly compelling and universally resonant moral lessons; proclaims April 24, 1998, and every April 24 thereafter as State Day of Remembrance; and calls upon the people of California to observe this day as a day of remembrance for all victims of genocide, including those of Armenian ancestry who succumbed to the genocide perpetrated between 1915 and 1923.

(Died in Assembly Rules Committee)

ACR 138 (Poochigian-R) Armenian genocide remembrance

Designates April 24, 1998, as the "California Day of Remembrance of the Armenian Genocide of 1915-23."

Resolution Chapter 29, Statutes of 1998

ACR 141 (Alquist-D) Women's Rights Convention Anniversary

Recognizes July 19, 1998, as the Women's Rights Convention Anniversary and encourages all Californians to participate in appropriate programs and activities in that regard.

(Died in Assembly Rules Committee)

ACR 142 (Machado-D) Military Families Recognition Day

Designates Saturday, November 21, 1998, as Military Families Recognition Day.

Resolution Chapter 165, Statutes of 1998

ACR 150 (Papan-D) Russian contribution to ending World War II

Commemorates the contributions and impact of the Russian people in ending World War II and honors these individuals on Victory in Europe Day (V-E Day), May 8, 1998. Memorializes, and encourages all Californians to remember, the loss of Russian lives during World War II.

Resolution Chapter 44, Statutes of 1998

ACR 154 (Floyd-D) Memorial Day

Encourages all Californians to fully observe Memorial Day on May 25, 1998, by participating in appropriate programs and activities in recognition and thanks to those who perished to preserve our freedom.

Resolution Chapter 59, Statutes of 1998

Similar legislation was SR 30 (Johannessen-R), which was adopted by the Senate on May 21, 1998.

AJR 2 (Baca-D) Social Security Administration

Memorializes the President and the Congress of the United States to investigate the allegations that the Social Security Administration has mishandled wage reports and benefits.

(Died in Assembly Human Services Committee)

AJR 6 (Honda-D) Hong Kong sovereignty

Urges the President and Congress of the United States to call upon the People's Republic of China to ensure free and democratic elections in Hong Kong during its transfer of sovereignty from Great Britain.

(Died in Assembly Rules Committee)

AJR 9 (Campbell-R) Balanced federal budget and federal taxation

Memorializes the Congress of the United States to approve a balanced budget amendment to the United States Constitution and a provision to require a two-thirds vote of each house of Congress to increase taxes.

(Died in Assembly Revenue and Taxation Committee)

AJR 44 (Knox-D) United Nations: Israel

Memorializes the United Nations West European and Others Group to accept Israel as a temporary member of that regional group.

Resolution Chapter 6, Statutes of 1998

AJR 47 (Knox-D) Israel: 50th anniversary

Provides that the Legislature acknowledges the 50th anniversary of independence for the State of Israel and looks forward to the celebration of the centurion in the Jewish calendar year 5808.

Resolution Chapter 22, Statutes of 1998

AJR 49 (Morrow-R) National Historic Landmarks: Mission San Juan Capistrano

Memorializes the Secretary of the Interior to consider the nomination of Mission San Juan Capistrano for designation as a National Historic Landmark.

Resolution Chapter 128, Statutes of 1998

AJR 50 (Kuehl-D) Spent nuclear fuel and high-level radioactive waste

Memorializes the President and the Congress of the United States to oppose legislation to establish a spent nuclear fuel and high-level radioactive waste interim storage site at Yucca Mountain, Nevada.

(Died in Assembly Rules Committee)

AJR 51 (Ducheny-D) Internal Revenue Service Reciprocal Refund Offset Program

Memorializes the President and the Congress of the United States to establish a program to offset or withhold federal tax refunds to satisfy legally enforceable, past due state tax obligations.

Resolution Chapter 80, Statutes of 1998

AJR 52 (Wright-D) Port Chicago disaster

Memorializes the President and the Congress of the United States to act to vindicate the sailors unjustly blamed for, and the sailors convicted of mutiny following, the Port Chicago disaster, and to rectify any mistreatment by the military of those sailors.

Resolution Chapter 23, Statutes of 1998

AJR 53 (Scott-D) Child pornography: Internet

Memorializes the President and Congress of the United States to enact measures that provide severe penalties for creators, distributors, and possessors of child pornography on the Internet, protect children from the perils of sexual exploitation, and ultimately eliminate child pornography on the Internet.

(Died in Assembly Rules Committee)

AJR 54 (Aguiar-R) Livestock and Dairy Indemnity Programs

Memorializes the President and Congress of the United States to reauthorize the federal Livestock Indemnity Program to make funds available to dairies that have lost cows due to recent heavy rains and flooding and to amend the federal Dairy Indemnity Payment Program to include payments to producers for milk products removed from market as a result of natural disasters.

(Died in Senate Agriculture and Water Resources Committee)

AJR 55 (Floyd-D) California Native Americans

Memorializes the President and the Congress of the United States, the Secretary of the Interior, and the Commissioner of the Bureau of Indian Affairs to expeditiously act upon the requests already submitted to the federal government that seek recognition by California Indians, including the request submitted by the Ish Pahnesh United Band of Indians, also known as the Oakbrook Chumash People.

(Died in Assembly Rules Committee)

AJR 58 (Pringle-R) Income and bank and corporation taxes: research credit

Memorializes the President and the Congress of the United States to enact legislation to permanently extend the research development tax credit.

Resolution Chapter 162, Statutes of 1998

AJR 59 (Baca-D) Reflex Sympathetic Dystrophy Syndrome

Urges the Congress of the United States to enact legislation to automatically qualify persons with Reflect Sympathetic Dystrophy Syndrome for Social Security absolutely benefits, upon proper diagnosis and prognosis to a state of disability.

Resolution Chapter 183, Statutes of 1998

AJR 60 (Richter-R) 940th Air Refueling Wing

Memorializes the President and the Congress of the United States to endorse, support, and fund the 940th Air Refueling Wing as the next KC-135 unit to convert to KC-135R model aircraft.

Resolution Chapter 89, Statutes of 1998

AJR 61 (Ducheny-D) Federal naturalization process

Memorializes the Commissioner of the Immigration and Naturalization Service, the President, and the Congress of the United States to ensure that available resources are directed and any additional funds as needed are appropriated to eliminate, within 10 months, the current backlog in naturalization applications; to ensure that, without harm to the integrity of the naturalization process, all future applications will receive a determination within 6 months of their date of application; and to refrain from the consideration of any increase in naturalization fees until the present backlog is eliminated and resources are committed to ensure that future applications will be processed within 6 months of their date of application.

Resolution Chapter 74, Statutes of 1998

AJR 63 (Prenter-R) Elk Hills Naval Petroleum Reserve

Memorializes the President and the Congress of the United States to approve the appropriation of specified funds from the sale of the Elk Hills Naval Petroleum Reserve for the benefit of retired members of the State Teachers' Retirement System.

Resolution Chapter 82, Statutes of 1998

AJR 65 (Villaraigosa-D) Healthy Families Program

Memorializes the federal Health Care Financing Administration, and the Congress and the President of the United States, to preserve the state plan to implement the Healthy Families Program in its current approved form.

Resolution Chapter 41, Statutes of 1998

AJR 66 (Honda-D) Redress for World War II Japanese Latin American internees

Supports the granting of an official apology and restitution to World War II Japanese Latin American internees pursuant to federal law.

Resolution Chapter 42, Statutes of 1998

AJR 67 (Floyd-D) Persian Gulf War: depleted-uranium exposure

Memorializes the Congress of the United States to immediately investigate whether United States Armed Forces currently deployed in the Persian Gulf region have been trained regarding depleted-uranium safety measures, have been issued appropriate protective equipment, and have been provided with radiometers to detect depleted-uranium contamination. Encourages the Congress to fund a nongovernmental organization or agency, with no ties to the Department of Defense and other specified agencies, to conduct a thorough investigation of all Persian Gulf War hazardous exposures, including depleted uranium, and to make recommendations to the Congress, as specified. Encourages the Congress to provide all Gulf War veterans, their families, and civilians who have known or suspected exposures to depleted uranium, if they develop the known health effects of internal or external exposure to depleted uranium, with immediate medical care and disability benefits.

Resolution Chapter 129, Statutes of 1998

AJR 68 (Pringle-R) Vietnam

Urges the President and Congress of the United States to support H.R. 3158 and H.R. 3159 regarding trade relations with Vietnam.

(Failed passage in Assembly International Trade and Development Committee)

AJR 70 (Ortiz-D) Entry into the United States

Memorializes the Attorney General of the United States, the Commissioner of the Immigration and Naturalization Service, and the President and the Congress of the United States to urge the Immigration and Naturalization Service to parole Mai Thi Kim Nguyen into the United States based on compelling humanitarian reasons.

Resolution Chapter 130, Statutes of 1998

AJR 71 (Ortiz-D) Hmong Veterans' Naturalization Act of 1997

Memorializes the President and the Congress of the United States to enact, the Hmong Veterans' Naturalization Act of 1997 (H.R. 371).

Resolution Chapter 163, Statutes of 1998

AJR 72 (Honda-D) Computer date failures

Memorializes the Congress to take immediate action giving Year 2000 computer date related issues the highest priority.

Resolution Chapter 131, Statutes of 1998

AJR 73 (Olberg-R) The Kyoto Protocol

Memorializes the Senate of the United States to not ratify the Kyoto Protocol, and memorializes the Congress of the United States to not enact legislation implementing the Kyoto Protocol.

(Failed passage on Assembly Floor)

AJR 74 (Ashburn-R) Termination of the Internal Revenue Code of 1986

Memorializes the President and the Congress of the United States to enact H.R. 3097 to terminate the Internal Revenue Code of 1986.

(Failed passage in Assembly Revenue and Taxation Committee)

AJR 75 (Morrissey-R) Federal constitutional amendment: flag desecration

Memorializes the President and the Congress of the United States to support an amendment to the Constitution of the United States authorizing Congress to prohibit the physical desecration of the flag of the United States.

(Died in Assembly Rules Committee)

AJR 76 (Papan-D) Just and peaceful resolution of the situation in Cyprus

Memorializes the President and Congress of the United States to continue their active support for finding a just and lasting solution to the situation in Cyprus within the framework of the parameters and principles set forth in House Concurrent Resolution No. 81 and Senate Concurrent Resolution No. 41, both of the 105th Congress, and United Nations Security Council Resolution 1092, adopted on December 23, 1996, regarding the situation in Cyprus.

Resolution Chapter 156, Statutes of 1998

AJR 77 (Granlund-R) Forest Tax Relief Act

Memorializes the President and the Congress of the United States to enact the "Forest Tax Relief Act," which repeals legislation authorizing the United States Forest Service to implement a pilot program charging visitors of the Angeles, Cleveland, Los Padres, and San Bernardino national forests specified daily and yearly fees to park on national forest lands.

Resolution Chapter 164, Statutes of 1998

AJR 78 (Richter-R) Resignation of the President of the United States

States that the Legislature of the State of California demands the immediate resignation of William Jefferson Clinton as President of the United States.

(Motion to withdraw from Assembly Rules Committee failed passage)

HR 37 (Cardoza-D) The American Flag

Commends all individuals who proudly display the American flag on July 4 and other patriotic holidays.

(Died on Assembly Inactive File)

HR 50 (Migden-D) Professional golf

Urges the Professional Golf Association to amend its rules and bylaws to prevent discrimination against persons with disabilities by simply permitting all participants access to golf carts during their sanctioned tournaments.

Adopted by the Assembly

HR 51 (Oller-R) Arms in Iraq

Places the Assembly on record supporting the President and Congress of the United States in compelling Iraq's compliance with all conditions of the cease fire, including the United States inspection of Iraq's chemical and biological arsenal, and in eliminating the thrust of Saddem Hussain's regime to Iraq's people and their neighbors.

Read and adopted

HR 90 (Murray-D) Slavery

Memorializes the Congress of the United States to issue a formal apology for the legacy of slavery in this country.

(Died in Assembly Rules Committee)

HR 91 (Kaloogian-R) Resignation or impeachment of the President

Requests that President William Jefferson Clinton resign the office of President of the United States. Urges the Congress to begin an impeachment inquiry immediately to preserve the rule of law and the integrity of the United States Constitution.

(Died in Assembly Rules Committee)