Three enormous statewide issues dominated the first half of the 2001-02 legislative session: the Energy Crisis, the State Budget, and Reapportionment.
In the summer of 2000, wholesale prices for electricity skyrocketed in San Diego County and legislation was enacted that year to solve the problem. However, in the fall and winter months of 2000, the energy situation became a statewide concern when two major energy companies expressed that they might file bankruptcy and blackouts could occur if the issue was not dealt with. Those companies were Southern California Edison and Pacific Gas and Electric Company. As events unfolded during 2001, Pacific Gas and Electric did file bankruptcy.
On January 3, 2001, a special legislative session on energy was convened to (1) consider and act upon legislation affecting availability, supply consumption, and energy use in California; (2) consider and act upon legislation affecting organization, corporate governance, including finances, and oversight of the California Independent System Operator and the California Power Exchange, and California not-for-profit corporations; (3) consider and act upon legislation affecting operation, maintenance, and finances of facilities owned or controlled directly or indirectly by persons or corporations that provide heat, light, and power to California residents and businesses; (4) consider and act upon legislation affecting interaction between wholesaler and retail markets for energy supply, capacity, and reliability; and (5) consider and act upon legislation protecting health and safety of California residents with respect to facilities that generate and deliver energy service in California.
On January 17, 2001, the Governor declared a state of emergency to deal with the state's electricity crisis, a matter which he indicated would allow the state to buy power in the short term as legislation was developed to effectively deal with long-term solutions. In response to the emergency, the Governor and the Legislature enacted legislation to provide California with a process by which energy was to be purchased by the state. The effort to solve California's energy crisis was termed "keeping the lights on in California" to avoid blackouts which presented a major possibility during the summer of 2001. However, due to impressive conservation measures undertaken by Californians and an unusually mild summer season, major blackouts were avoided.
At the beginning of the First Extraordinary Session, SB 7X (Burton) was immediately enacted to purchase short-term power, with bipartisan agreement. This legislation appropriated $400 million for that purpose.
The cornerpiece of the energy crisis solution was SB 6X (Burton), which created a California Consumer Power and Conservation Financing Authority, giving authorization to the authority to issue $5 billion in revenue bonds to finance utility generation projects. The authority was patterned after New York's Public Authority, which owns and operates power plants and transmission lines in that state. AB 1X (Keeley) allowed the State Department of Water Resources to purchase power and then sell it to consumers, appropriated another $500 million for short term power, and authorized the State Department of Water Resources to issue revenue bonds. SB 31X (Burton) capped the revenue bonds at $13.4 billion.
Other legislation adopted by the Legislature and signed by the Governor: SB 5X (Sher) provides money for new and existing energy efficiency programs; SB 28X (Sher) expedites the process to site and build new power plants -- incorporates AB 9X (Morrow) into this bill which provides for a 10-year waiver of standby charges for specified distributed generator installations; SB 43X (Alpert) and AB 43X (Correa) reduce rates for large industrial customers of San Diego Gas and Electric Company. AB 3X (Wright) increases participation in the California Alternate Rate for Energy Program for low income persons and seniors; AB 5X (Keeley) restructures the Independent System Operator; AB 6X (Dutra) requires utility owned generator facilities be subject to the Public Utilities Commission (PUC) with their disposition, and prohibits public utility owned generator facilities from being disposed of prior to January 1, 2006; AB 29X (Kehoe) provides for energy conservation funding; and AB 31X (Wright) allows air districts to authorize permitted stationary sources to generate energy electrical power generating equipment during periods of involuntary power service interruption.
In a Second Extraordinary Session on Energy the following legislation was enacted: SB 2XX (Alarcon) establishes a Low-Income Oversight Board; SB 17X (Brulte) provides a tax credit for purchase of solar and wind energy systems to January 1, 2006; SB 64XX (Costa) provides grants to energy facilities which converted to agricultural biomass to energy prior to July 1, 2000; SB 68XX (Battin) requires the PUC to consider potential effects of extreme temperatures on health and safety of residential customers when providing priorities in resulting blackouts; SB 75XX (Ortiz) allows a tax deduction for interest on a loan financed through a public utility company to purchase energy equipment and products for residences; SB 82XX (Murray) requires the State Department of General Services to ensure solar energy equipment is installed on all state buildings and state parking facilities where feasible by January 1, 2007; SB 84XX (Burton) requires the State Energy Commission to implement a program to provide battery backup power for high priority local traffic control signals; SB 85XX (Burton) prohibits the PUC from raising electrical rates back to the pre-10 percent rate reduction levels solely because the mandatory rate expired; AB 26XX (Calderon) requires the PUC in establishing new tariffs for customers using distributed energy resources to consider specified factors so that customers with more efficient units pay a lower cost; AB 28XX (Migden) changes authority of the Electricity Oversight Board; and AB 48XX (Wright) establishes a Solar Training, Education, and Certification program.
Regular session legislation of importance which was enacted: SB 47 (Bowen) requires Senate confirmation of members of the Independent System Operating Board; SB 1055 (Morrow) requires the PUC, when establishing priorities among types or categories of electrical or gas customers for exemption from rotating blackouts, to (1) include as a consideration a determination of unacceptable jeopardy or imminent danger to public health and safety, and (2) consider the effect on nonpriority customers of providing a high priority to some customers; AB 1 (Aanestad) designates dispute resolution process for the Large Nonresidential Standard Performance Contract Program; AB 107 (Longville) allows local agencies to provide for installation of small wind energy systems, as specified; AB 952 (Kelley) provides tax exclusions for energy related programs; AB 1233 (Pescetti) requires the PUC to investigate as part of the rate proceeding for gas corporations impediments to in-state production and storage of natural gas; and AB 1574 (Lowenthal) allows the State Energy Commission to develop and disseminate measures that enhance energy efficiency in single-family residential dwellings that were built prior to development of the current energy efficiency standards.
At the end of the 2001 Legislative Session, the PUC and Southern California Edison agreed to a Memorandum of Understanding which sets forth a state assistance plan to the utility, the effect of which put on hold the necessity of calling another special session.
The State Budget, SB 739 (Peace), was signed into law by the Governor on July 26, 2001. This authorized a total spending from all funds of $103.3 billion: $78 billion from the General Fund; $21.3 billion from special funds; and $3.2 billion from bond funds. Prior to signing this budget, the Governor used his line-item veto authority to eliminate approximately $540 million in total spending, including $499 million from the General Fund.
Major features of the final budget included:
- Education: Includes full funding for inflation and enrollment growth for K-12 education. This reflects an increase in $2.5 billion over last year's budget and an increase of $324 per pupil. Spending in the K-12 area also includes targeted increases for low-performing schools, expanded childcare, a settlement of the special education lawsuit, and before/after school programs. Schools received assistance for increased energy costs of approximately $250 million. Provides for $80 million for the intensive Mathematics and Reading Professional Development Program. Specifies that a total of 249,000 K-12 teachers and 22,000 teaching aides will receive 40 hours of instruction and 80 hours of training. Schools will receive $2,500 for each teacher trained and $1,000 for each teaching aide trained. The budget includes $15 million for the first year of the three-year Principal Training School Program. Schools will receive $3,000 per principal trained, which must be matched by $1,000 from the school district.
In higher education, the budget provides full funding for enrollment growth, avoids any fee increase, and includes funding ($118 million) for increases in Cal-Grants and Governor scholarships to high achieving high school students. It includes $160.4 million for University of California Merced to complete initial site development, infrastructure and construction, and laboratory facilities and begins planning for classroom and office buildings. The Governor item vetoed approximately $124.6 million from the California Community Colleges.
- Health Care: The budget fully funds projected Medi-Cal caseloads, as well as increased funding for long-term care rate increases ($92.8 million), and a $191 million litigation settlement (Orthopedic Hospital v. Belshe). Establishes a Tobacco Settlement Fund, and provides that $402 million of California's share of the 1998 tobacco settlement revenues in this fund will be used for health care programs, including cancer research and treatment and anti-tobacco efforts. Other programs include $9.5 million to adopt a federal Medicaid option that provides full-scope medical coverage to low-income uninsured women who are diagnosed with breast or cervical cancer. Includes in the budget the use of tobacco settlement funds to support expanded coverage for adults under the Healthy Families Program.
- Social Services: The budget fully funds caseload and cost-of-living adjustments for the California Work Opportunity and Responsibility to Kids Program, and the Supplemental Security Income/State Supplementary Program. It includes new initiatives for foster youth, extensions of assistance programs for immigrants, and provides wage increases for In-Home Supportive Services providers.
- Transportation: The budget adopts the Governor's May Revision proposal to defer transfer of gasoline sales tax revenues to the Traffic Congestion Relief Program. This results in a two-year deferral of $2.3 billion, including $1.1 billion that was proposed to be spent in 2001-02. In addition, the budget includes a proposed constitutional amendment to permanently dedicate sales taxes levied on gasoline to transportation-related projects, beginning 2003-04.
- Public Safety: The budget provides for full funding for inmate and ward populations for the State Departments of Corrections and Youth Authority, respectively. It provides for $3 million increased enhancement for the war on methamphetamine suppression. It provides funds for high-tech crime suppression. $232.6 million is dedicated for the Citizens' Option for Public Safety and Juvenile Justice Court programs. Provides $25 million for competitive grants to local forensic laboratories for construction and renovation of lab facilities; $2 million to fund initial activities to locate and purchase a site for a new statewide DNA forensic laboratory; $5 million for regional law enforcement training centers; and $2.8 million for creation of sexual predator apprehension teams in San Diego and Orange Counties.
- Environment: The budget includes $81 million for CalFed; $48 million for air quality through retrofitting of diesel school buses, purchase of new clean buses, offset of peaker plant emissions, and mitigation of emissions from diesel-fueled generators; $20 million for a zero emission vehicle incentive program; $26 million to expand enforcement, cleanup, research, market development and waste hauler activities to reduce waste and used tire stockpiling; $35 million for coastal cleanup projects; $21.3 million to enhance water quality programs; $18.4 million to acquire and restore seven key river parkways; $13.5 million to improve environmental quality and mitigate environmental degradation; $114.5 million to fund cleanup costs at the Casmalia and Strongfellow hazardous waste sites; $524.8 million for park projects; and $443.4 million for water projects from park bonds and water bonds approved by voters.
- Tax Reductions: The budget revises the formula which provides for triggering on and off of a one-quarter cent General Fund sales tax originally adopted in 1991. Includes a 45 percent increase in the Senior Citizens' Property Tax Assistance Program, and contains an agricultural and rural tax relief package which includes a sales tax exemption for agricultural and forestry equipment, liquefied petroleum gas, diesel fuel, and thoroughbred horse breeding.
The State Budget contains a $2.6 billion surplus for emergencies.
The following bills constitute the budget trailer bills: SB 294 (Scott) firearms dealer inspection and victims recovery; SB 456 (Speier) Health Insurance Portability and Accountability Act; SB 735 (Senate Budget and Fiscal Review Committee) education omnibus and equalization funding; SB 736 (Poochigian) local law enforcement funding; SB 740 (O'Connell) charter schools; SB 742 (Escutia) general government omnibus bill; SB 982 (O'Connell) special education mandates settlement; AB 426 (Cardoza) tax relief; AB 427 (Hertzberg) foster care; AB 429 (Aroner) social services omnibus bill; AB 430 (Cardenas) health omnibus bill; AB 434 (Keeley) Hatton Canyon Highway acquisition; AB 435 (Assembly Budget Committee) Rural Transit System Grant Program; AB 438 (Assembly Budget Committee) Transportation Congestion Relief Program refinancing and deferment of sales tax shift; AB 440 (Cardoza) appropriation for minimum high technology equipment and seniors' tax relief; AB 441 (Simitian) K-12 school district equalization; AB 443 (Aanestad) rural and small county law enforcement grants; AB 445 (Cardenas) school facilities fees; AB 961 (Steinberg) low-performing schools; AB 1370 (Wiggins) senior citizens' property tax assistance; and AB 1637 (Dickerson) Klamath River Water Crisis Economic Assistance and Mitigation Program.
Current federal law requires the states, after the national decennial census, to reapportion congressional districts in order to ensure that the population of each district is reasonably equal. California gained an entitlement to an additional congressional district due to population increasing the congressional delegation from 52 to 53 members. The states also reapportion their legislative districts and, in California, the State Board of Equalization districts are also redrawn. The State Constitution, Article XXI, requires the Legislature to redraw these district lines by the following standards: (1) each member of the Senate, Assembly, Congress, and the State Board of Equalization shall be elected from a single-member district; (2) the population of all districts of a particular type shall be reasonably equal; (3) every district shall be contiguous; (4) districts of each type shall be numbered consecutively, commencing at the northern boundary of the state and ending at the southern boundary; and (5) the geographical integrity of any city, county, or city and county, or any geographical region shall be respected to the extent possible without violating requirements of any other subdivision of this section.
The development of the new district maps is a public process whereby the Legislature's Election and Reapportionment Committees hold public hearings, at which time members of the public have an opportunity to submit redistricting maps and comments for consideration. Additionally, reapportionment must prove consistent with the Voting Rights Act and the 14th Amendment to the United States Constitution.
This year the Legislature passed reapportionment with a bipartisan vote. SB 802 (Senate Elections and Reapportionment Committee) defined the 80 Assembly districts and the four Board of Equalization districts. AB 632 (Cedillo) defines the 40 Senate districts and the 53 Congressional districts. The ideal population of state Senate districts was 846,792 and for state Assembly districts was 473,396.
Education was the number one issue when it came to budget deliberations. Major programming funding is mentioned above in the budget section of this overview.
A major piece of legislation enacted, AB 961 (Steinberg), establishes the High Priority Schools Grant Program for Low Performing Schools within the Public Schools Accountability Act of 1999. This was an effort lead by Senators Vasconcellos, Ortiz, Escutia and McPherson and Assemblymembers Steinberg, Diaz, Firebaugh, Goldberg, Strom-Martin, and Wesson.
Major Senate legislative proposals which were enacted include: SB 19 (Escutia) establishes various limitations and prohibitions on the sale of beverages and foods to pupils in elementary and middle schools; SB 41 (Alpert) provides for a California Native American Instructional Resources Grant Program; SB 176 (Ortiz) provides funding for Cal Grant programs; SB 214 (Alpert) increases compensation of individual board members of county boards of education, school districts, and community colleges; SB 225 (Kuehl) strengthens procedures to be followed in matters of discrimination relative to interscholastic athletics and extends the sunset date for the California Interscholastic Federation; SB 233 (Alpert) makes various changes in the laws relative to school testing; SB 310 (Perata) protects students by allowing them to wear sun protective clothing outdoors, including hats; SB 568 (Morrow) extends implementation date for requirement that all new school buses be equipped with a passenger restraint system; SB 664 (Poochigian) provides for review of the California Community Colleges admission procedures and attrition rates for nursing programs; SB 735 (Senate Budget and Fiscal Review Committee), the education budget trailer bill, implements statutory provisions of the budget; SB 740 (O'Connell) places limitations upon funding for charter school nonclassroom based instruction and creates the Charter School Facility Grant Program; SB 982 (O'Connell) implements settlement of special education mandated cost claims; SB 1031 (Brulte) extends the sunset date on the California Indian Education Center Program; SB 1105 (Margett) conforms state law to federal law on matters concerning the special education of handicapped children; and SB 1129 (O'Connell) permits school facilities improvement districts to issue general obligation bonds with approval of 55 percent of the voters, rather than the current required two-thirds approval of the voters.
Assembly legislation of importance includes: AB 6 (Cardenas) permits schools to establish before and after school programs; AB 75 (Steinberg) establishes the Principal Training Program; AB 79 (Havice) develops model policies on bullying and conflict resolution; AB 87 (Jackson) grants community colleges authority to develop curriculum to train licensed nurses; AB 110 (Zettel) clarifies teacher retention tax credits; AB 135 (Havice) raises purchasing power protection level for members of State Teachers' Retirement System from 75 percent to 80 percent of members' initial allowance; AB 297 (Kehoe) creates Six-to-Six Before and After School Program; AB 306 (Frommer) reinforces use of Braille instruction using instructional aides; AB 341 (Strom-Martin) requires the State Department of Education to contract for development of standards for professional development for educators and instructional leaders; AB 379 (Papan) repeals the sunset on the Special Education Program; AB 441 (Simitian) enacts a formula to equalize school district revenue limits; AB 445 (Cardenas) moves the sunset date of, and eliminates future appropriations for, the School Facilities Fee Assistance Program; AB 521 (Koretz) regulates student credit card marketing practices; AB 620 (Wayne) establishes the High-Tech High School Grant Program; AB 699 (Canciamilla) reactivates sunset of the instructional materials program; AB 717 (Wiggins) creates 100 Information Technology Career Academies in public high schools; AB 722 (Corbett) requires the State Department of Education to conduct a study of pupil support personnel; AB 760 (Shelley) establishes the Pupil Athletic Access and Safety Program to promote pupil participation and safety in high school interscholastic athletics; AB 819 (Jackson) provides age-appropriate instruction in domestic violence prevention, dating violence prevention, and interpersonal violence prevention under the Carl Washington School Safety and Violence Prevention Act; AB 842 (Diaz) allows middle schools to receive state support for an International Baccalaureate Program; AB 876 (Wyland) requires the State Department of Education to contract for a study that identifies successful reading programs in K-6 grades; AB 972 (Calderon) establishes an alternative method for school districts to make a preliminary endangerment assessment of potential hazardous materials on the school sites available to the public for review and comment; AB 1018 (Liu) establishes Industry-Based Certification Incentives Grant Program; AB 1241 (Robert Pacheco) provides for a model teacher preparation curriculum study for community colleges; AB 1367 (Wiggins) increases the amount of consultation and information sharing required between local planning agencies and school districts concerning school siting; AB 1499 (Negrete McLeod) allows school districts receiving Teaching as a Priority Block Grant funds to offer incentives to recruit and retain credentialed teachers interested in attaining cross-cultural, language, and academic development certification or bilingual, cross-cultural, language, and academic development certification; AB 1558 (Leach) makes more specific current law requirements relative to major maintenance plans prepared by school districts; AB 1609 (Calderon) limits ninth graders from taking the high school exit exam in 2000-01, and provides an independent study on whether taking the exam should be a condition for exiting high school; AB 1611 (Keeley) provides for construction of affordable housing near the University of California and California State University campuses for students and faculty staff; and AB 1717 (Zettel) provides immunity from liability for students, their parents, teachers, and other specified individuals who report in good faith, threats of violence or harm.
Crime and Judiciary
Important Senate criminal law and law enforcement legislation passed by the Legislature and signed by the Governor includes: SB 66 (Kuehl) provides active court involvement in performing background checks relative to domestic violence crimes; SB 81 (Speier) ensures that a crime victim is paid for their bodily injury when their own car is used to injure them; SB 83 (Burton) provides indigent prisoners access to DNA forensic testing; SB 125 (Alpert) allows an identity theft victim to obtain information about unauthorized requests for credit that have been made in his/her name; SB 129 (Burton) provides that a physician or any other invited person may not be disciplined for refusing to attend an execution; SB 189 (Bowen) encourages property owners to clean up waste and seepage from illegal drug labs and warns prospective tenants of this hazard; SB 255 (Speier) strengthens liability for unattended children in vehicles; SB 257 (Kuehl) provides for hate crime reporting procedures in schools; SB 274 (Karnette) redefines switchblade knives; SB 294 (Scott) strengthens law relative to victim of crime recovery programs; SB 297 (Speier) enhances DNA data base law; SB 314 (Alpert) requires the State Department of Justice to collect statistical data concerning minors who are handled in criminal courts; SB 333 (Escutia) establishes interagency elder death review teams to investigate elder abuse health cases and neglect; SB 334 (Polanco) establishes a Correctional Board of Education program; SB 432 (Monteith) enhances law relative to the notification of release of inmates for child abuse, sexual offenses against children, or domestic violence; SB 502 (Ortiz) strengthens law concerning victims of elder abuse and domestic violence; SB 578 (Figueroa) strengthens law on the definition of flechett darts; SB 667 (Peace) revises provisions of law relative to automated enforcement system at traffic lights; SB 736 (Poochigian), a budget trailer bill, provides funding for local law enforcement programs; SB 757 (Ortiz) strengthens law relative to tobacco sting inspections of retail stores; SB 768 (McPherson) allows the Director of the State Department of the Youth Authority to transfer individuals 18 years or older to the State Department of Corrections; SB 776 (Torlakson) requires the State Department of Motor Vehicles to review effectiveness of programs, procedures, sanctions, fines, and fees provided in current law relating to the offense of driving under the influence of alcohol or drugs; SB 780 (Ortiz) enacts a California version of the Federal "FACE" Act that is designed to protect physicians and others who provide abortion services, patients seeking such services, and places of worship, from violent protests and related conduct that is so extreme as to be not constitutionally protected; SB 799 (Karnette) strengthens battered woman syndrome defense; SB 824 (Poochigian) provides DNA training to university students and existing employees of crime laboratories; SB 923 (McPherson) increases restitution fines applicable to bribery; SB 940 (Senate Judiciary Committee) clarifies and strengthens juvenile court law; SB 1059 (Perata) establishes the Council on Mentally Ill Offenders; and SB 1192 (Figueroa) bans registered sex offenders who committed sex acts against children from working or volunteering in positions where children are involved.
Major Assembly criminal law and law enforcement legislation includes: AB 4 (Bates) requires registration of sex offenders with university campus police; AB 77 (Havice) requires the court, in any case in which the defendant is charged with specific offenses, to take special precautions to provide for the comfort and safety of a person with a disability; AB 78 (Alquist) changes the prosecution's burden of proof for evidence that corroborates allegations of child sexual abuse to justify extending the statute of limitation; AB 98 (Zettel) enhances punishment for possessing materials containing controlled substances; AB 153 (Nakano) increases membership of the State Board of Corrections; AB 160 (Bates) specifies that domestic violence protective orders issued by a criminal court have precedence over any civil court order pertaining to the same person; AB 258 (La Suer) classifies GHB, or the so-called date rape drug, a Schedule Control 1 controlled substance; AB 311 (Bill Campbell) raises the maximum age at which a person may be appointed to position of entry level peace officer to 35 years of age; AB 349 (La Suer) requires sex offenders to provide the State Department of Justice with updated information when annually re-registering; AB 362 (Corbett) adds dating relationships to the Domestic Violence Protection Act; AB 380 (Wright) expands the definition of sexual offenses for purposes of the exception to the inadmissibility of character evidence which allows evidence of past sex offenses; AB 409 (Correa) gives more time for victims of crime to file an application in execution cases; AB 443 (Aanestad), a budget trailer bill, provides for local law enforcement funding; AB 477 (Cohn) requires domestic violence accused to be present for arraignment and sentencing; AB 530 (Reyes) extends sunset on the rural crime prevention program and allows for subsequent arrest information for persons employed as in-home care to an aged or disabled adult; AB 587 (Firebaugh) increases civil rights violations penalties; AB 653 (Horton) provides guidelines for expulsion and suspension of students who aid and abet batteries that occur on school grounds; AB 659 (Correa) requires county jails to house civilly committed persons classified as sexually violent predators in administrative segregation; AB 673 (Migden) increases number of crimes included in the DNA data base; AB 701 (Dickerson) allows photographing and fingerprinting of minors taken into temporary custody for a felony; AB 929 (Frommer) expands scope of the child abuse prosecution program administered by Office of Criminal Justice Planning to include additional specified offenses; AB 1004 (Bates) shortens time for sex offenders to register; AB 1019 (Corbett) clarifies that adult victims of sexual assault are eligible for emergency relocation assistance expenses; AB 1078 (Jackson) creates an alternate felony/misdemeanor for anyone who is guilty of driving under the influence, if the person has ever been convicted of a felony vehicular manslaughter while intoxicated or a gross vehicular manslaughter while intoxicated; AB 1304 (Rod Pacheco) makes clear that the court has authority to stay a misdemeanor trial when the defendant appeals a denial of a motion to return property or suppress evidence; AB 1460 (Nation) allows the State Department of Corrections to move no more than 15 condemned men to secured condemned housing at the California State Prison, Sacramento; and AB 1614 (Washington) creates a program for prosecution of methamphetamine manufacturing crimes that may endanger children and provides services to children injured or endangered by such activities.
Major family law legislation includes: SB 78 (Kuehl) strengthens law pertaining to the circumstances when courts may enforce pre-marital agreements requiring spouses to waive spousal support upon dissolution of the marriage and circumstances when courts may find particular pre-marital agreements were executed voluntarily; SB 104 (Scott) changes adoption timeline process relative to birth parents giving up rights to their child; SB 1221 (Romero) ensures that a spouse who has been criminally convicted of abusing the other spouse will be presumptively barred from receiving spousal support from the abused former spouse; AB 25 (Migden) strengthens law relative to domestic partnership relationships; AB 538 (Cardoza) strengthens and clarifies adoption laws; AB 539 (Maddox) specifies statute of limitations for actions brought against a surviving spouse for debts incurred for the necessities of life of a deceased spouse; AB 583 (Jackson) ensures that parties to a marital dissolution or legal separation, and the court, have complete and accurate information about the value of community assets and liabilities; AB 873 (Harman) clarifies the effect of the filing and judgment of a marital dissolution on non-probate transfers which have the effect of passing property on death while avoiding probate.
Legislation enacted, including strengthening of the child support automation system, children receiving aid under the CalWORKS program, and employer responsibilities concerning earnings assignment orders: SB 943 (Senate Judiciary Committee); AB 429 (Assembly Budget Committee); AB 891 (Goldberg), and AB 1449 (Keeley).
Legislation enacted concerning the legal profession: SB 352 (Kuehl) provides for $390 in State Bar dues for two years; SB 479 (Burton) provides diversion and assistance programs for attorneys with mental illness or drug or alcohol abuse; SB 817 (Johnson) makes changes relating to eligibility of individuals to take the General Bar Examination and the Attorney's Examination; SB 1194 (Romero) creates new remedies in actions regarding unauthorized practice of law; AB 830 (Cohn) requires the State Department of Aging to establish a task force of specified numbers to study and make recommendations to the Legislature on issues relating to legal services for seniors; AB 913 (Steinberg) demonstrates the state's commitment to provide pro bono legal services to Californians in need by considering, for those law firms which seek benefits of a contract with the state, efforts of such firms in providing pro bono services; and AB 935 (Hertzberg) establishes the Public Interest Attorney Loan Repayment Program to repay educational loans for participating licensed California attorneys who practice or agree to practice public interest law in this state.
Health and Social Services
Major Senate health and social services legislation includes: SB 19 (Escutia) establishes various limitations and prohibitions on the sale of beverages and foods to pupils in elementary and middle schools; SB 26 (Figueroa) provides for comprehensive study on peer review processes and provides for a California Dental Board enforcement monitor; SB 37 (Speier) requires health coverage for persons with cancer who are participating in a clinical trial; SB 108 (Speier) provides for an organ and tissue donor registry; SB 134 (Figueroa) reconstitutes the California Dental Board; SB 212 (Oller) provides for development of a meningococcal disease strategic precaution plan; SB 223 (Burton) provides funding for urinalysis testing of participants in Proposition 36 drug treatment programs; SB 293 (Torlakson) requires pharmacies, in order to compound sterile drug products, to obtain a license to compound injectable sterile drug products; SB 298 (Figueroa) allows certified midwives to furnish or order controlled substances; SB 322 (Ortiz) prohibits the sale of a tobacco product commonly known as bidis, as specified; SB 338 (Vincent) provides notice to persons surrendering animals to shelters where there is a possibility that an animal may be used for biological supply purposes; SB 348 (Speier) permits pharmacists to make specified substitutions with prescription drugs, and facilitating clinics' contracting with pharmacies to provide discounted drugs; SB 341 (Perata) expands modalities available for use by a licensed acupuncturist; SB 344 (Ortiz) requires the State Department of Health Services to post specified information on its Internet web site in a manner that does not require downloading, and is likely to be understood by the general public; SB 351 (Ortiz) develops drinking water standards for hexovalent chromium; SB 359 (Murray) provides for a California Youth Soccer and Recreation Development Program; SB 370 (Ortiz) provides for a Staywell Program for seniors; SB 446 (Vasconcellos) provides incentives to invest more funding and resources in developing HIV and AIDS virus vaccine; SB 456 (Speier) enacts the Health Insurance Portability and Accountability Implementation Act of 2001; SB 463 (Perata) requires new standards for arsenic in drinking water; SB 471 (Sher) strengthens enforcement of the Safe Drinking Water and Toxic Enforcement Act of 1986; SB 493 (Sher) implements a simplified eligibility process as part of the Food Stamp Program to expedite enrollment of individuals and families in the Medi-Cal and Healthy Families Program; SB 511 (Alpert) authorizes grants to establish Family Empowerment Centers on Disability; SB 613 (Alarcon) requires the State Department of Health Services to notify a Medi-Cal managed care plan of the date of the annual redetermination of a Medi-Cal beneficiary, who is in a disabled aid category and whose redetermination is the responsibility of the department; SB 639 (Ortiz) requires the Health and Human Services Agency to develop a strategic plan for improving access to mental health services by persons with Alzheimer's disease or related disorders; SB 680 (Figueroa) requires the Office of Statewide Health Planning and Development to publish risk-adjusted outcome reports for coronary artery bypass graft surgery; SB 683 (Ortiz) provides for confidentiality of information reported to the California Cancer Registry and Birth Defects Monitoring Program; SB 702 (Ortiz) establishes an Environmental Health Surveillance System; SB 732 (Ortiz) enacts the Toxic Mold Protection Act of 2001; SB 751 (Speier) requires a hospital to contact a family member or person of authority to make health care decisions on behalf of a person who arrives in the emergency and is unconscious; SB 833 (Ortiz) revises definition of an unemployed person for Medi-Cal eligibility; SB 1058 (Escutia) re-enacts the Teenage Pregnancy Prevention Grant Program; SB 1080 (Bowen) makes it unprofessional conduct for a doctor to fail to provide patients with information regarding gynecological cancer; SB 1169 (Alpert) allows a pharmacist to initiate emergency contraception drug therapy, as specified; SB 1174 (Polanco) exempts certified emergency medical technicians and licensed paramedics from California clinical laboratory regulation for performing blood glucose tests while providing basic or advanced life support; SB 1188 (Senate Health and Human Services Committee) re-enacts a provision of law that provides an exception to the prohibition in current law against an individual being subjected to a medical experiment unless informed consent is obtained; SB 1208 (Romero) exempts physicians from premium overtime pay requirements; and SB 1219 (Romero) provides health coverage for annual cervical cancer and screening tests by health insurance plans.
Major Assembly health and social services legislation includes: AB 59 (Cedillo) enhances Medi-Cal eligibility programs; AB 68 (Migden) establishes licensing requirements of private duty nurses; AB 188 (Vargas) prohibits smoking within a playground or tot lot; AB 207 (Matthews) provides for prescription drug benefit identification cards to be issued by health insurance plans; AB 215 (Cohn) provides health benefits to uninsured spouses and dependent children of peace officers and firefighters who die in the performance of their duty; AB 284 (Jackson) provides for a study on fungical contamination in indoor environments; AB 402 (Papan) provides an income tax checkoff to help Lupus research; AB 429 (Assembly Budget Committee), a budget trailer bill, implements health and welfare programs; AB 430 (Cardenas), a budget trailer bill, implements various health budget items; AB 487 (Aroner) requires physicians to take continuing education courses in pain management, and treatment of terminally ill and dying patients; AB 495 (Diaz) expands health care coverage for low income children; AB 548 (Runner) establishes a specialty access program in underserved areas; AB 559 (Wiggins) allows school districts or county offices of education to provide emergency pinephrine auto-injectors to trained personnel; AB 564 (Lowenthal) requires the Dental Board of California to report to the Legislature regarding deaths or hospitalizations as a result of dental treatment; AB 586 (Nation) allows pharmacists to perform skin puncture and simple "waived" clinical lab tests without having to operate under a protocol when performing routine patient assessment procedures; AB 590 (Vargas) encourages the State Department of Mental Health to provide a mental health care provider for geriatrics; AB 636 (Steinberg) strengthens child welfare service programs; AB 685 (Wayne) strengthens reporting requirements by family day care homes; AB 809 (Salinas) allows specified clinics that are licensed by the State Board of Pharmacy to operate automated drug delivery systems that are remotely controlled by a pharmacist in order to provide drugs and drug consultations to their patients; AB 828 (Cohn) requires the State Department of Health Services to establish a centralized consumer response unit to respond to consumer inquiries and complaints in long-term health care facilities; AB 938 (Cohn) requires a health care service plan to provide, upon request, a list of specified contracting health care providers within the enrollee's or prospective enrollee's general geographic area; AB 1046 (Migden) provides a Sharps Injury Control Program; AB 1075 (Shelley) establishes staff-to-patient ratios in skilled nursing facilities; AB 1205 (Ashburn) provides funding to the State Department of Health Services for continuation of the Valley Fever Vaccine Project; AB 1263 (Migden) allows the State Department of Health Services to participate in a rapid human immunodeficiency virus test research program; AB 1278 (Wayne) strengthens the Health Care Decision Law; AB 1311 (Goldberg) enhances medical record access to a patient; AB 1337 (Cohn) establishes lien rights and procedures for recovery by specified health benefits trusts of medical costs on behalf of participants for injuries caused by a third party when the participant obtains a settlement, award, or judgment against the third party; AB 1347 (Pescetti) establishes dementia-specific orientation and "in-service" program requirements for the Certified Nurse Assistant staff of skilled facilities and intermediate care facilities; AB 1409 (Chan) provides regulation of nursing home administrators; AB 1424 (Thomson) expands family involvement in the Lanterman-Petris-Short involuntary commitment process and prohibits insurance plans from conditioning services eligibility on a patient's legal status; AB 1444 (Maddox) establishes the title "dietetic technician, registered" and expands the scope of practice for registered dieticians; AB 1452 (Cox) develops information regarding meningococcal disease; AB 1490 (Thomson) allows a patient to access his/her lab tests online; AB 1533 (Migden) revises the State Department of Rehabilitation's Transportation Loan Guarantee Program to increase the maximum loan amount; AB 1589 (Simitian) provides for a study relative to electronic transmission of prescriptions; and AB 1616 (Wright) extends statutes of limitations for accusations against licensees of various medical boards after the alleged act or omission occurs when the accusation involves allegations of sexual misconduct.
The following legislation enacts strengthening law relative to foster care: SB 841 (Alpert); AB 333 (Wright); AB 427 (Hertzberg); AB 429 (Aroner); AB 899 (Liu); AB 1695 (Assembly Human Services Committee); and AB 1696 (Assembly Human Services Committee).
Major legislation regarding transportation includes: SB 10 (Soto) changes the sunset date on the Safe Routes to School Program; SB 22 (Chesbro) repeals rebate provisions of the vehicle license fee reduction and instead provides for a direct rate reduction; SB 46 (Polanco) strengthens oversight of the tow trucking industry; SB 624 (Soto) requires that hazardous waste material when transported be covered; SB 667 (Peace) revises law relative to the automated enforcement system program at traffic lights; SB 759 (Murray), a budget trailer bill, implements a Transportation Congestion Relief Program; SB 871 (Burton) ensures that commercial vehicle carriers comply with drug and alcohol regulations; SB 1178 (Burton) provides for a study on certification of crash parts for repair of vehicles; AB 67 (Firebaugh) permits the sale and operation of 45-foot motorhomes on certain highways; AB 437 (Assembly Budget Committee) establishes a new Rural Transit System Grant Program; AB 965 (Mountjoy) requires the State Department of Transportation, upon request of an immediate family member of another individual as specified, to erect signs at specified locations in memory of a relative lost to accidents caused by drunk driving; AB 1171 (Dutra) establishes requirements and provisions to finance seismic retrofit cost overruns of state toll bridges; and AB 1280 (Reyes) updates and brings state law into conformity with the federal Motor Carrier Safety Improvement Act of 1999.
Major legislation in taxation enacted includes: SB 12 (Chesbro) provides state reimbursement of local property tax losses as a result of the September 2000 earthquake in Napa County; SB 22 (Chesbro and McClintock) repeals rebate provisions of the vehicle license fee reduction and instead provides for a direct rate reduction; SB 73 (Dunn) increases the amount of low-income housing tax credits that can be allocated from $50 million to $70 million for the calendar year, and adjusts the amount for inflation each year thereafter; SB 198 (Chesbro) extends through the 2012 lien date the property tax exemption for open-space land owned by nonprofit organizations; SB 215 (Burton) changes the appropriation procedure for the California Peace Officer Memorial Foundation Fund by designating the State Department of the California Highway Patrol as the agency responsible for allocation of the appropriated funs to the California Peace Officer Memorial Commission; SB 366 (Haynes) prevents the State Franchise Tax Board from making a levy on the principal resident of an innocent investor if the basis for the levy is the underpayment of tax attributable to an abusive tax shelter; SB 394 (Sher) extends sunset date on the California Internet Tax Freedom Act; SB 409 (Vincent) extends sunset date on the tax credit for investment in Community Development Financial Institutions; SB 455 (Burton) expands disclosure requirements and conflict of interest rules for the two state taxing agencies; AB 10 (Corbett) conforms state law to federal law in the area of real estate investment trusts; AB 44 (Wiggins) allows tax relief for taxpayers who suffered disaster losses as a result of the September 2000 Napa earthquake; AB 63 (Cedillo) provides disclosure of tax information to tax officials of any city; AB 110 (Zettel) provides that the accuracy-related penalty imposed by the State Franchise Tax Board does not apply to tax credits allowed for credentialed teachers claimed on tax returns filed for taxable years beginning on or after January 1, 2000 and before January 1, 2001; AB 180 (Cedillo) expands current exemption to the imposition of sales and use taxes for retail items sold by certain thrift stores; AB 238 (Rod Pacheco) allows a special net operating loss treatment to losses sustained by farmers as a result of Pierce's disease and its vectors; AB 402 (Papan) provides tax checkoff for lupus research; AB 426 (Cardoza), the tax relief budget trailer bill, provides for a number of sales tax exemptions, increasing benefits paid under the Senior Homeowners' and Renters Assistance Program, and revises the mechanism for the sales and use tax component; AB 589 (Wesson) creates the State-County Property Tax Administration Grant program in order to provide grants to electing counties to assist them in funding property tax administrative costs; AB 594 (Harman) codifies uniform, statewide rules for dating electronic payments of locally-assessed real property taxes; AB 646 (Horton) expands sales tax exemption for sales of medical supplies to surgical clinics and similar outpatient clinics; AB 816 (Thomson) repeals the requirement to file an income tax return solely because an individual recognizes gain on the sale of his or her principal residence; AB 866 (Diaz) extends sunset date of the Employer Child Care Program Tax Credit and disallows an employer credit for an employee's contribution to a dependent care plan; AB 952 (Kelley) provides for a tax exclusion for energy efficient measures; AB 984 (Papan) exempts transportation-related sale-leaseback transactions from sales tax regardless of when the original purchase occurs; AB 1370 (Wiggins) requires the State Franchise Tax Board to conduct a study of senior tax filing forms; and AB 1457 (Kelley) relieves certain mobilehome park residents of additional property tax liability for escape assessments when the assessor failed to act and forgives any outstanding tax bills, but prohibits refunds.
Major legislation enacted in labor relations includes: SB 20 (Alarcon) enacts the Displaced Janitors Opportunity Act; SB 40 (Alarcon) increases unemployment insurance; SB 424 (Burton) defines the term "injury" for workers' compensation claims of certain law enforcement personnel to include a lower back impairment; SB 486 (Speier) requires safety protections to be used in working warehouses; SB 504 (Scott) clarifies law concerning fair employment relative to nonprofit benefit corporations formed by, or affiliated with, a particular religion that operates an educational institution as its sole or primary activity; SB 588 (Burton) strengthens enforcement of the prevailing wage law; SB 975 (Alarcon) specifies that the prevailing wage law is to apply on public works financed by industrial development bonds; SB 1207 (Romero) includes volunteer firefighters under OSHA; SB 1222 (Romero) provides parity for state correctional officers and local probation officers in the workers' compensation system; AB 800 (Wesson) prohibits an employer from prohibiting or limiting use of any language in a workplace, except under specified conditions; AB 1015 (Wright) extends employee anti-discrimination law to applicants for employment and job training programs and prohibits discrimination against employees and applicants for employment engaged in lawful conduct outside of employment; AB 1025 (Frommer) requires employers to provide reasonable unpaid break time and to make reasonable efforts to provide use of an appropriate room for an employee to express breast milk for the employee's infant child; AB 1069 (Koretz) permits the Labor Commissioner to reconsider a formerly dismissed discrimination complaint based on findings by the United States Department of Labor that the complaint had merit; AB 1475 (Liu) makes the Fair Employment and Housing Act provisions prohibiting harassment in the workplace applicable to hospitals or health care facilities affiliated with or owned by religious institutions; and AB 1675 (Koretz) establishes requirements related to wages, hours, and working conditions for sheepherders.
Major consumerism enacted into law includes: SB 85 (Murray) strengthens consumer protections relative to health studio contract services; SB 135 (Figueroa) requires the Contractors' State Licensing Board to disclose specific information to the public concerning accusations and investigations associated with contractors; SB 168 (Bowen) restricts consumer credit reporting information by credit organizations; SB 481 (Speier) strengthens consumer protections relative to motor vehicle advertisement; SB 771 (Figueroa) restricts unsolicited and unwanted telephone solicitations; AB 488 (Kehoe) provides that a consumer has a right to request and receive from a consumer credit reporting agency a record of all inquiries resulting in the provision of information about the consumer in the twelve-month period preceding the request for disclosure; AB 603 (Dutra) expands flammability and labeling standards of the Bureau of Home Furnishings and Thermal Insulation for mattresses, box springs, and other bedding products; AB 655 (Wright) permits consumers to have their names removed from any list provided by a credit bureau to another entity for credit offers not solicited by the consumer and allows victims of identity theft to sue creditors who persist in pursuing debts incurred in their name by an identity thief after being notified of the theft; AB 865 (Hertzberg) requires credit card issuers to provide cardholders with statements of the length of time it will take to satisfy the debt, paying only the minimum payment; and AB 1088 (Jackson) requires specified business establishments, such as tailors, hair salons, and dry cleaners, to conspicuously display their prices for each standard service to customers.
Major Senate environmental legislation enacted into law includes: SB 32 (Escutia) empowers local governments to compel the investigation and cleanup of certain brownfields sites; SB 58 (Alpert) extends the California Ocean Enhancement and Hatchery Program indefinitely; SB 244 (Speier) increases review period for draft environmental impact reports for airport expansion or enlargement projects; SB 271 (O'Connell) consolidates and simplifies hazardous waste manifest law and regulations that now govern the transport of hazardous wastes that are produced by small quantity generators at many separate facilities and are picked up by milkrun trucks; SB 359 (Murray) enacts the State Urban Parks and Health Communities Act; SB 373 (Torlakson) establishes environmental concepts in the schools; SB 468 (Sher) establishes a state approved environmental insurance program to provide cleanup loan guarantees and subsidy programs for insurance products for certain cleanup efforts; SB 470 (Sher) strengthens hazardous waste control and management laws; SB 471 (Sher) enhances the Safe Drinking Water and Toxic Enforcement Act (Proposition 65) and the Clean Water Act; SB 527 (Sher) allows the State Air Resources Board to impose administrative civil penalties, as an alternative to seeking judicially imposed civil penalties; SB 528 (Sher) enhances the State Department of Conservation's recycling enforcement authority; SB 633 (Sher) enacts the Mercury Reduction Act of 2001; SB 766 (Burton) provides cleanup provisions to AB 1602 (Keeley), which enacted the California Clean Water, Clean Air, and Safe Neighborhoods Parks, and Coastal Protection Act of 2002; SB 908 (Chesbro) directs California Coastal Conservancy to develop a plan for the California Coastal Trail by January 21, 2003 and to take action to link this trail to inland trail systems; SB 909 (Chesbro) extends to 30 days from the completion of the initial inspection of the timber harvest plan the amount of time the Director of the State Department of Fire and Forest Protection has to review a timber harvest plan and take public comments, with ten of those days following the date of final interagency review; SB 1127 (Karnette) provides for a study on enhancing recycling of polystyrene; SB 1158 (Knight) allows the "universal waste" rule to apply to onsite treatment of aerosol can hazardous waste; and SB 1177 (Polanco) provides monies for environmental cleanup of the "Cornfield" rail yards in the City of Los Angeles.
Major Assembly environmental legislation enacted into law includes: AB 62 (Migden) and AB 242 (Thomson) provides funding and creation of a program on sudden oak death; AB 173 (Chavez) requires the California Integrated Waste Management Board to adopt regulations that establish oversight of construction, demolition, and inert waste at mine reclamation sites; AB 252 (Pavley) grants temporary protection to a native plant or animal thought to have been extinct but is rediscovered; AB 254 (Frommer) enhances the loan and grant program for site investigation and cleanup of brownfield properties; AB 343 (Bates) allows State Coastal Conservancy to undertake educational programs related to preservation, protection, enhancement, and maintenance of coastal resources and to award grants to nonprofits, educational institutions and public agencies for this purpose; AB 414 (Dutra) restores ability of the State Department of Transportation and other public transportation entities to be granted variances by the State Department of Toxic Substances Control to reuse lead-contaminated soils highway improvement projects; AB 639 (Nakano) requires the State Water Resources Control Board to develop reliable, rapid and affordable diagnostic tests for evaluating coastal water quality; AB 671 (Strom-Martin) establishes stricter criteria to govern the one-time conversion of less than three acres to nontimber use; AB 910 (Wayne) prohibits a governmental entity from condemning any wildlife conservation easement acquired by another state agency, except as provided; AB 1259 (Wiggins) requires the State Department of Toxic Substances Control to suspend or deny issuance of a permit for a hazardous waste facility if the owner or operator has failed to pay specified fees or penalties owed; AB 1324 (Negrete McLeod) expands the emergency work of the California Conservation Corps; AB 1329 (Lowenthal) closes loopholes in hazardous waste recycling laws to prevent hazardous wastewaters from being managed at facilities that do not meet the strict standards applicable to permitted hazardous waste facilities; AB 1334 (Harman) bans sale or possession, under any terms and conditions, of nine species of the Caulerpa species; AB 1390 (Firebaugh) requires air quality management districts and air pollution control districts to expend diesel emission reduction funds in communities with the most significant exposure to air contaminants; AB 1481 (Frommer) enacts the Urban Park Act of 2001; AB 1532 (Pavely) requires lead agencies to conduct public scoping hearings for projects that have significant regional impacts upon determination that an environmental impact report is required pursuant to the California Environmental Quality Act; AB 1553 (Keeley) requires the Office of Planning and Research to include guidelines for addressing environmental justice matters in city and county general plans; AB 1602 (Keeley) enacts the California Clean Water, Clean Air, and Safe Neighborhood Parks, and Coastal Protection Act of 2002 to authorize bonds in the amount of $2.6 billion; and AB 1671 (Assembly Water, Parks and Wildlife Committee) repeals sunset on the State Fish and Game Commission's enabling statutes, extending the Suisun Marsh Wetlands Enhancement and Mosquito Abatement Program for one year, and allows California to join the Wildlife Violator Compact.
Major enacted housing legislation includes the following: SB 73 (Dunn) increases the aggregate annual low-income housing tax credit amount from $50 million to $70 million and adjusts annually for inflation; SB 221 (Kuehl) establishes a mechanism by which the appropriate local agency must identify a sufficient supply of water to serve a new residential subdivision development project prior to approving that project; SB 442 (Vasconcellos) establishes the California Housing Connection, an affordable Internet-based reference site for multi-unit low income housing; SB 581 (Alarcon) requires residential rental property owners to submit and maintain specific information with local housing officials; SB 985 (Kuehl) requires an owner of property in the cities of Los Angeles, Santa Monica, and West Hollywood to serve a 60-day notice to terminate a month-to-month or other periodic hiring of residential real property; SB 1098 (Alarcon) requires local governments to make specific findings when extending an interim ordinance that has the effect of denying land use approvals needed for development of projects with a significant component of multifamily housing; AB 8 (Cedillo) increases the per unit loan amounts available under the Downtown Rebound Program; AB 369 (Dutra) strengthens state affordable housing law by requiring a court to award attorney's fees to an affordable housing developer that has had a project unfairly denied by a local agency; AB 445 (Cardenas) moves the sunset date of, and eliminates future appropriations for, the School Facilities Fee Assistance Program; AB 472 (Cedillo) requires owners of residential rental property whose tenants are displaced by housing code enforced activities to pay relocation benefits to the tenants; AB 1112 (Goldberg) establishes a three-year pilot program to create an owners' registry for substandard properties in Los Angeles County; AB 1318 (Correa) applies certain building standards to multi-unit manufactured housing, and regulates installation of multi-unit manufactured homes in mobilehome parks; and AB 1467 (Kehoe) allows non-profit agencies to be appointed as receivers for substandard buildings and for receivers to receive their costs by placing a lien on the property.
The following bills were enacted enhancing farm labor employee protections and housing: SB 1125 (Burton); SB 1198 (Romero); AB 423 (Hertzberg); AB 807 (Salinas); AB 1160 (Florez); and AB 1550 (Wiggins).
The following bills were enacted providing protection of the grape and wine industry from Pierce's Disease and the Glassy Winged Sharpshooter: SB 594 Chesbro); AB 238
(Rod Pacheco); and AB 1394 (Wiggins). Other legislation of importance includes: SB 870 (Costa) provides for a study on the dairy industry; AB 11 (Dickerson) includes olives under the Stone and Pome Fruit Pest District Control Law in order to control and eradicate the Olive Fruit Fly; and AB 780 (Thomson) revises the mill pesticide tax law.
Major water resource legislation enacted includes the following: SB 73 (Kuehl) provides standards for monitoring of storm water runoff; SB 221 (Kuehl) establishes a mechanism by which the appropriate local agency must identify a sufficient water supply to serve a new residential subdivision development project prior to approving that project; SB 350 (Alpert) requires the Metropolitan Water District of Southern California to adopt guidelines governing unreserved fund balances; SB 609 (Costa) provides, among other provisions, for appropriations by allowing the State Department of Water Resources to make grants for 20 projects from the California Safe Drinking Water Bond Law; SB 610 (Costa) expands the requirement for public water systems to prepare water supply assessments for large scale projects; SB 672 (Machado) requires the State Department of Water Resources to include in the California Water Plan a report on the development of regional and local projects within each hydrologic system; SB 883 (Escutia) expands the conflict-of-interest and competitive bidding provisions of the Water Replenishment District Act; AB 83 (Strom-Martin) requires the Legislative Analyst to conduct a study on the operation of special district water agencies in California; AB 331 (Goldberg) requires the State Department of Water Resources to convene a 2002 Recycled Water Task Force; AB 378 (Calderon) expands the participants involved in the investigation of groundwater pollution and those advising cleanup procedures; AB 599 (Liu) specifies a number of duties for State Water Resources Control Board related to developing and implementing a comprehensive groundwater monitoring program; AB 901 (Daucher) requires urban water management plans to include information relating to the quality of existing water supplies; AB 1201 (Pavely) requires the California Integrated Waste Management Board to issue grants for education and mitigation projects relating to stormwater pollution from used oil byproducts; AB 1602 (Keeley) enacts the California Clean Water, Clean Air, and Safe Neighborhood and Coastal Protection Act which allows issuance of general obligation bonds in the amount of $2.6 billion if adopted by the voters, and cleanup legislation to this bill, SB 776 (Burton); and AB 1637 (Dickerson) establishes the Klamath River Water Crisis Economic Assistance and Mitigation Program.
Major public employee legislation enacted includes the following: SB 67 (Burton) and SB 1022 (Soto) augments the Budget Act of 2000 to pay employees' health benefit premium increase during the period of January 1, 2001 to June 30, 2001; SB 90 (Dunn) increases the retirement benefit limit for local safety members of the State Public Employees' Retirement System (PERS) from 85 percent to 90 percent of final compensation; SB 165 (O'Connell) allows PERS members who have at least five years of accredited service and become employed in service that requires membership in the State Teachers' Retirement System to elect to remain in PERS; SB 413 (Speier) enhances the California Whistleblower Protection Act; SB 1023 (Senate Public Employment and Retirement Committee) augments the state employee compensation item provided in the Budget Act of 2000; AB 43 (Wesson) directs the Commission on the Status of Women to conduct a study on comparable worth in the state civil service and higher educational institutions; AB 196 (Correa) expands the scope of the term injury to include a blood-borne infectious disease for purposes of receiving workers compensation benefits for firefighting and law enforcement personnel; AB 197 (Correa) provides upon death of any member of the Volunteer Firefighters Length of Service Awards System who has at least ten years of service, a one-time lump-sum death benefit of $3,000; AB 492 (Oropeza) allows state employees to receive full pay from the state while serving as a member of a precinct board on election day; AB 510 (Matthews) allows contracting agencies of PERS with excess assets to request transfer of those assets to a retiree health account established by the PERS Board for the purpose of providing retiree health benefits; AB 606 (Negrete McLeod) ratifies the Memorandum of Understandings (MOU) collective bargaining between the state and the California Union of Safety Employees; AB 616 (Calderon) provides three additional retirement formulas that local contracting agencies of CalPERS may provide their local miscellaneous members; AB 647 (Horton) expands provisions of the Reporting by Community College Employees of Improper Governmental Activities Act to authorize community college employees to file retaliation complaints with the State Personnel Board; AB 649 (Negrete McLeod) ratifies MOUs between the state and the California Association of Highway Patrolmen and the State Department of Forestry Employees Association; AB 824 (Cohn) expands eligibility for the PERS long-term insurance program to include adult siblings of active or retired California public employees; AB 933 (Migden) ratifies MOUs between the state and numerous state collective bargaining units; AB 1071 (Canciamilla) allows the board of supervisors in a county operating a retirement system under the County Employees Retirement Law of 1937 to modify the manner in which annual cost-of-living adjustment is calculated; AB 1184 (Oropeza) prohibits punitive action, denial of promotion, and threats of this treatment against a local public employee for the exercise of any lawful action as an elected, appointed, or recognized representative of any employee bargaining unit; and AB 1281 (Cedillo) requires local agencies to recognize an employee organization as the exclusive representative of the employees in an appropriate unit based upon a signed petition, authorization cards, or union membership cards showing that a majority of the employees desire such recognition.
Major enacted legislation in this area includes the following: SB 99 (Morrow) allows any legislator, the Lieutenant Governor, the State Insurance Commissioner and county counsel or sheriff to receive written opinions from the State Attorney General; SB 307 (Vasconcellos) establishes the California Japantown Restoration Pilot Project; SB 480 (Johannessen) provides for continual operation and maintenance for the California Military Museum; SB 551 (Machado) allows the California Victim Compensation and General Claims Board to reimburse specified entities as a direct result of the September 11, 2001 terrorist attack on New York, Washington, D.C., and the Pentagon; SB 974 (Torlakson) reaffirms that charter cities are subject to the Public Contract Code; SB 1170 (Sher) encourages state agencies to purchase ultra-low emission vehicle and fuel-efficient replacement tires for the state fleet; AB 31 (Reyes) establishes the Central Valley Infrastructure Grant Program; AB 113 (Pavley) establishes the position of, and appointment process for, a California Poet Laureate; AB 115 (Cardoza) appropriates $16.5 million to repair and restore damage to the historic State Capitol that occurred on January 16, 2001 when an individual drove a truck into the State Capitol building; AB 211 (Chavez) provides funding to the California Arts Council for allocation to the California Military Museum for continual operation of the World War II Oral History Project; AB 614 (Thomson) designates an official State Tartan; AB 978 (Steinberg) enacts the California Native American Graves Protection and Repatriation Act of 2001; AB 1014 (Papan) enhances law concerning disclosure procedures relative to the California Public Records Act; and AB 1412 (Corbett) allows the State Office of Emergency Services to implement cost-effective measures as part of the repairs of public facilities for projects in cases where a state of emergency has been proclaimed by the Governor.
Major veteran legislation enacted includes: SB 4 (Johannessen) requires the Governor's Commission on Veterans' Homes to make recommendations as to the location of future veteran homes including, but not limited to, Shasta County, the Central Valley, and Los Angeles County; SB 86 (Oller) requires at least a majority of the board of directors of a veteran memorial district to be veterans; SB 781 (Knight) allows the State Department of Veterans Affairs to accept and process applications from veterans who are seeking residency at a veterans' home, beginning on the start date of building of that particular home; SB 933 (Margett) gives priority to Medal of Honor recipients in the Veterans' Home of California, and makes widows and widowers of Medal of Honor recipients eligible for residency; AB 494 (Cardoza) extends operation of the law relative to the Governor's Commission on Veterans' Home for one year; AB 527 (Kehoe) reduces the renewal fee for replacement decals used on special interest license plates sponsored by veterans' organizations from $35 to $10; AB 941 (Florez) requires the State Department of Veterans Affairs to appoint a disabled veteran business enterprise advocate to assist disabled veterans to meet participation goals; and AB 1060 (Negrete McLeod) requires the State Department of Veterans Affairs to study the status of homeless veterans in California and establish a proposal on how to provide adequate housing for California's homeless veterans.
The following are more important pieces of legislation passed by the Legislature and signed by the Governor: SB 7 (Peace) provides a mechanism for declined-to-state voters; SB 386 (Johnson) requires the Secretary of State to notify e-mail filers of campaign and lobbying reports why the filings were rejected; SB 412 (Vasconcellos) provides for a new crime of political cyber fraud; SB 903 (Senate Elections and Reapportionment Committee) allows voters to be accompanied by children age 18 or under in the voting booth; SB 904 (Senate Elections and Reapportionment Committee) specifies that petition circulators must be eligible to register to vote within the relevant jurisdiction; AB 2 (Alquist) specifies filing locations for statement of organizations by an independent expenditure committee that also qualifies as recipient committee; AB 56 (Shelley) enacts the Voting Modernization Bond Act of 2002; AB 229 (Wesson) extends the period in which initiatives signatures on local petitions must be verified; AB 280 (Robert Pacheco) changes the maximum size allowable for a voting precinct from 1,000 to 1,250; AB 302 (Migden) allows a voter to designate additional persons who may return an absentee ballot; AB 319 (Salinas) provides an all-mail ballot program in Monterey County; AB 492 (Oropeza) allows for specified state employees to be on precinct boards; AB 696 (Longville) requires the Secretary of State to provide free access to Internet online forms and software for campaign reporting; AB 706 (Firebaugh) makes it a crime to use official seals in campaign literature to deceive voters; AB 719 (Wiggins) allows anyone required to work 24-hour shifts to apply for permanent absentee voter status; and AB 733 (Longville) allows courts to extend a postelection statutory deadline when that deadline prevents the proper tabulation or recounting of ballots.
Other major legislation includes: SB 592 (Ortiz) allows unoccupied portions of family plots located in private cemeteries; SB 658 (Escutia) provides greater protections for insurance policyholders to ensure that they are aware of the law concerning unfair claim practices; SB 708 (Speier) expands an earthquake insurance mediation program to include automotive and residential claims, prohibits the State Department of Insurance from refusing to investigate complaints under specified conditions, creates new requirements for insurance adjusters and insurers who adjust earthquake claims, and extends the sunset date on the earthquake mediation program; SB 769 (Fugueroa) establishes permit requirements for sentry dog services; SB 1218 (Romero) provides more specific guidelines for distribution of residual funds in class action litigation; AB 46 (Washington) expands the number of enterprise zones from 39 to 42; AB 161 (Maddox) redefines definition of dog breeder; AB 322 (Bill Campbell) creates a new mechanism for disposition of family burial plots when the record owner has failed to memorialize his/her intent; AB 1118 (Corbett) extends sunset of an existing residential retrofit program operated by the State Department of Insurance; and AB 1193 (Steinberg) prohibits insurers from canceling or refusing to renew insurance policies based on claims connected to hate crimes.