Administrative Law
Alcoholic Beverage Control
Federal Issues
Gaming
Horseracing
Immigration Issues
Legislature
Local Government
Lottery
Public Employees
State Government
Administrative Law
SB 68* (Kopp-I) Administrative hearing procedures
Expands administrative hearing procedures under the Administrative Procedures Act to include hearings and decisions by private-quasi-public agencies. Conforms the formal hearings of the State Department of Health Services to the new Administrative Procedures Act.
Chapter 220, Statutes of 1997
SB 178 (Monteith-R) Administrative adjudication: scientific evidence
Restricts the admissibility of scientific evidence in state agency administrative hearings based on scientific tests.
(In Senate Judiciary Committee)
SB 453 (Solis-D) Administrative law judge
Specifies that the Code of Judicial Ethics governs the conduct of administrative law judges and worker compensation judges, and refers to these rules as an administrative adjudication code of ethics.
(On Senate Inactive File)
SB 504 (Johnston-D) Administrative law
Requires that a person submitting a written communication, specifically prepared for a quasi-judicial proceeding, as defined, which was directly paid for by someone other than the submitter, must clearly indicate any person who paid for the cost of producing the document. Authorizes state agencies to refuse or ignore a written communication submitted by an attorney or any other authorized representative on behalf of a client unless the client's name is clearly indicated on the document.
Chapter 192, Statutes of 1997
SB 653 (Calderon-D) Public Utilities Commission: decisions
Revises judicial review of procedures of the California Public Utilities Commission proceedings to take place in either the Supreme Court or the Court of Appeal.
Vetoed by the Governor
SB 1212 (Vasconcellos-D) Administrative hearings
Precludes specified healing licensing entities from rejecting administrative hearing decisions where those decisions have found that charges against licensees have been proven.
Vetoed by the Governor
AB 1224 (Thomson-D) Mello-Roos Bonds: delinquencies and foreclosure
Creates a series of mechanisms to deal with financially failing Mello-Roos districts including:
- Expands the services for which Mello-Roos tax proceeds can be used, but provides that bonds may not be issued to fund designated services.
- Permits the legislative body of a Mello-Roos District to waive delinquency and redemption penalties under specified conditions.
- Permits a District to reserve the right to accept the tender of District bonds or other debt secured by the property from the property owner to pay off all or part of taxes owed to the District at face value, with the debt then canceled by the District, and states that a tender of bonds may be made in a foreclosure where the sale exceeds $5,000 as a credit transaction within 7 days of the sale, under specified conditions.
- Permits a District to declare at a noticed public hearing a "special tax penalties amnesty program" on or before December 31, 1998, if the District makes specific findings.
- Makes various revisions in judicial foreclosure and related procedures on Mello-Roos and the 1915 Improvement Act assessment and special tax liens which are delinquent.
- Provides for assignment of delinquent special taxes.
- Requires extensive disclosure information of the tendering party prior to initiation of any tender offer to the legislative body of the district that issued the bonds.
Chapter 946, Statutes of 1997
AB 1226 (Granlund-R) Vehicle license fees: revenue allocation
Provides cities that incorporated after January 1, 1987 with an additional 2 years of enhanced vehicle license fee revenues, unless the city restricts housing production or does not have a valid housing element.
Chapter 583, Statutes of 1997
AB 1235 (Leach-R) Administrative regulations
Requires the State and Consumer Services Agency to establish a schedule to initially review regulations for duplication and consistency, as specified.
(Failed passage in Assembly Consumer Protection, Governmental Efficiency, and Economic Development Committee; reconsideration granted)
Alcoholic Beverage Control
SB 359 (Rainey-R) Alcoholic beverages: tied-house restrictions
Modifies an existing tied-house exception to allow a winegrower who also has a wholesale license to establish an ownership interest in an on-sale license.
Chapter 529, Statutes of 1997
SB 398 (O'Connell-D) Alcoholic beverages: minors
Makes it a misdemeanor for any person under the age of 21 years to have a blood alcohol concentration of 0.01%, or greater, as measured by a preliminary alcohol screening device or other chemical test, while on any street or highway or in any public place or in any place open to the public.
(Failed passage in Senate Public Safety Committee)
SB 452 (Maddy-R) Alcoholic beverages: return to seller
Authorizes the return and exchange of seasonal beer for another beer produced by the same manufacturer with a value no greater than the original sales price of the beer being returned.
(In Assembly Governmental Organization Committee)
SB 508 (Thompson-D) Alcoholic beverages: tied-house restrictions
Modifies an existing tied-house exception that is limited to a winegrower whose principal place of business is located in Napa County and who meets certain other requirements by removing the limitation. Makes minor clarifying changes to an existing provision of law pertaining to the necessity for "tied-house" laws.
Chapter 535, Statutes of 1997
SB 509* (Thompson-D) On-sale or off-sale wine license
Authorizes the issuance of a special temporary on-sale or off-sale wine license to certain nonprofit corporations to sell wine to consumers through direct mail order for the purpose of fund raising, as specified.
Chapter 383, Statutes of 1997
SB 572* (Maddy-R) Alcoholic beverages: school premises
Authorizes the possession and use of alcoholic beverages during nonprofit fundraising events held at college-owned or operated stadiums with a capacity of over 18,900 in a county of the 14th class.
Chapter 90, Statutes of 1997
SB 609 (Karnette-D) Alcoholic beverages: retail license
Requires the State Department of Alcoholic Beverage Control (ABC) to provide written notice to the affected local jurisdiction, and to conduct a public hearing, if requested by the local government, when the ABC acts to remove or modify operating conditions previously imposed upon a licensee.
Chapter 454, Statutes of 1997
SB 796 (Hughes-D) Alcoholic beverages: licenses
Requires that any original or transferred retail license be subject to a 1-year probationary period. 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.
(In Senate Governmental Organization Committee)
SB 805 (Alpert-D) Alcoholic beverages: sales to minors
Punishes any person who furnishes an alcoholic beverage to a minor by a fine of $1,000, no part of which may be suspended, and requires the person to perform not less than 24 hours of community service during hours when the person is not employed and is not attending school. Requires retail licensees to post a notice which describes the punishment relating to the sale of alcoholic beverages to, or the purchase of alcohol by, any minor.
Chapter 357, Statutes of 1997
SB 876 (Vasconcellos-D) Alcoholic beverages: school premises
Provides that the sale or consumption of alcoholic beverages in or on a public schoolhouse or any of the grounds, 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.
(In Senate Governmental Organization Committee)
SB 928 (Burton-D) Alcoholic beverages
Provides that an alcoholic beverage manufacturer may maintain an ownership interest in a retail on-sale license if the premises are an integral part of an interactive entertainment facility, if specified conditions are met.
Chapter 75, Statutes of 1997
SB 957 (Thompson-D) Tied-house restrictions: brewing industry
Clarifies that specified coasters and acrylic tent holders are not included in the definition of supplies as it relates to those items currently prohibited from being given to retailers by manufacturers, bottlers, importers, or wholesalers of brewing industry products.
(In Assembly Governmental Organization Committee)
SB 993 (Burton-D) Alcoholic beverages: licensees
Authorizes distilled spirits manufacturers to conduct tasting events sponsored by nonprofit organizations and prohibits the State Department of Alcoholic Beverage Control from enacting a rule which establishes a dollar limit for consumer advertising specialties for items costing $5 or less.
Chapter 544, Statutes of 1997
AB 81* (Wright-D) Alcoholic beverages: event permit
Enables licensees with "on-sale" general licenses to apply to the State Department of Alcoholic Beverage Control (ABC) for an event permit authorizing the licensee to sell beer, wine or other distilled spirits for consumption on property adjacent to the licensed premises or property owned or controlled by the licensee once per quarter, or up to 4 times per year. Subjects any event authorization by ABC to approval by the appropriate local law enforcement agency.
Chapter 103, Statutes of 1997
AB 114* (Battin-R) Alcoholic beverages: licenses: golf course facility
Authorizes the sale of alcoholic beverages from golf carts at a public golf course by providing that any alcoholic beverage license issued to a golf course facility or to a licensee operating at any golf course, entitles that licensee to make sales of alcoholic beverages from golf carts on the golf course. (Presently, this practice occurs only at private golf clubs.)
Chapter 21, Statutes of 1997
AB 315 (Granlund-R) Alcoholic beverages: tied-house restrictions
Allows beer manufacturers and beer wholesalers to stock, rotate and take inventory of their beer products at on-sale retail establishments, as well as off-sale establishments.
Chapter 40, Statutes of 1997
AB 569 (Floyd-D) Alcoholic beverages: licensees
Requires an applicant or licensee for issuance or renewal of a license as an importer of alcoholic beverages to certify to the State Department of Alcoholic Beverage Control that it has complied with the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) which prohibits any person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning.
(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; reconsideration granted)
AB 710* (Kuehl-D) Alcoholic beverages: on-sale licenses
Authorizes the State Department of Alcoholic Beverage Control to issue on-sale general license to a nonprofit charitable arts trust as described. Permits the licensee to sell, serve, or give alcoholic beverages to persons for consumption on the premises of the museum, as specified.
Chapter 20, Statutes of 1997
AB 783 (Brown-D) ABC: Special Enforcement and Training Fund
Creates the Alcoholic Beverage Control Special Enforcement and Training Fund. Requires that, after July 1, 1998, all revenues derived from penalties shall be deposited in the new special fund. Requires 75% of the new special funds to be allocated to local law enforcement competitive grants and the remaining amount to be appropriated for costs of administering the grants and remedial licensee training.
Vetoed by the Governor
AB 849 (Sweeney-D) Alcoholic beverages: licenses
Establishes a permanent population-to-license ratio restricting the issuance of new off-sale beer and wine licenses.
Chapter 564, Statutes of 1997
AB 900 (Cardenas-D) Community Alcohol Education Grant Program
Establishes, within the State Department of Alcohol and Drug Programs, the Community Alcohol Education Grant Program to make grants to schools and nonprofit community-based organizations in order to assist them in designing and implementing alcohol abuse education programs.
(Failed passage on Assembly Floor; placed on Assembly Inactive File)
AB 953 (Brown-D) Department of Alcoholic Beverage Control: hearings
Authorizes the State Department of Alcoholic Beverage Control (ABC) to reimburse hearing witnesses for actual expenses incurred in testifying at a department hearing, at the request of the ABC and pursuant to a subpoena, for reasonable food, travel, and lodging expenses. Provides that the amount may not exceed the amount authorized for state employees ($85/day).
(In Senate Governmental Organization Committee)
AB 973 (Papan-D) Alcoholic beverages: tied-house restrictions: signs
Clarifies the type of alcohol advertising signs manufacturers and wholesalers may provide to retail licensees, with interior signs advertising beer, bearing conspicuous notice of the beer manufacturer's name and other information identifying the beer manufacturer's name or product as specified.
Chapter 26, Statutes of 1997
AB 992 (Perata-D) Alcoholic beverages
Provides that applicants for alcoholic beverage licenses must notify, by mail, every resident within a 600-foot radius of the proposed establishment (current law requires a 500-foot radius). Requires all appeals before the State Department of Alcoholic Beverage Control to be decided within 45 days, rather than the 60 days stipulated under current law.
(In Senate Governmental Organization 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.
(In Senate Public Safety Committee)
AB 1082 (Assembly Governmental Organization Committee) Alcoholic beverages
Adds knowledge of rules relating to the sale of beer kegs to the already required information that departments of off-sale alcohol licensees must acknowledge on a form prescribed by the State Department of Alcoholic Beverage Control (ABC) prior to making an off sale. Expands the types of brand-identifiable products sold or given to establishments. Allows ABC to pay certain expenses of witnesses subpoenaed for license hearings. Provides that a retail off-sale licensee, with annual U.S. auction sales of at least $500 million, may sell and deliver wine at any auction, as specified. Incorporates provisions of SB 805 (Alpert-D) to prevent chaptering problems.
Chapter 774, Statutes of 1997
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.
(In Assembly Governmental Organization Committee)
AB 1234 (Aroner-D) Alcoholic beverages: advertising: minors
Prohibits alcohol product labels or advertising which incorporates or utilizes cartoon characters or similar material.
(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.
(In Assembly Governmental Organization Committee)
Federal Issues
SCR 13 (Kopp-I) Professional basketball players: pensions
States that certain surviving post-World War II, pre-1965 professional basketball players are entitled to both pensions and proper compensation for their intellectual property rights.
Resolution Chapter 87, Statutes of 1997
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. 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 enjoyed for so long.
(To interim study)
SCR 33 (Haynes-R) Religious freedom in the People's Republic of China
Places the Legislature on record in condemning human rights abuses and denials of religious liberty to Evangelical Protestants, Roman Catholics, Muslims, Buddhists, Jews, and other religious beliefs in Communist China, and calls upon China to end this persecution. Urges the President and Congress to continue to make the cessation of persecution of religious believers in the People's Republic of China a priority objective of foreign policy, and to not renew the Most Favored Nation trading status of the People's Republic of China.
Resolution Chapter 77, Statutes of 1997
SCR 38 (Alpert-D) Women in military service for America
Commends the achievements of women veterans of the State of California and also supports the construction and dedication of the Women in Military Service for American Memorial in Washington, D.C. scheduled for October, 1997.
Resolution Chapter 104, Statutes of 1997
SCR 50 (Johannessen-R) 50th Anniversary of the United States Air Force
Commemorates the 50th anniversary of the United States Air Force since its inception as an independent arm of the United States Armed Forces on September 18, 1947. Recognizes the Air Force's historical antecedents and its many achievements in the two World Wars, between the wars, the Korean War, Vietnam, and the Space Program, including, among other things, the Air Force's pioneering achievements in aeromedical research, the development of the Strategic Air Command, and the Air Force's intercontinental ballistic missile program.
Resolution Chapter 132, Statutes of 1997
SCR 51 (Costa-D) Nisei baseball: hall of fame
Seeks to honor the Nisei Baseball Leagues by requesting a permanent exhibit at the National Baseball Hall of Fame in Cooperstown, New York.
Resolution Chapter 81, Statutes of 1997
SCR 59 (Solis-D) Relative to Mother Teresa
Honors the memory of Mother Teresa, and encourages the people of California to reflect upon her integrity, her humility, and her philanthropy.
Resolution Chapter 134, Statutes of 1997
A similar measure was HR 47 (Bowler-R), which was adopted by the Assembly.
SJR 2 (Thompson-D) The Gulf War Syndrome
Memorializes the President and Congress to take immediate action to ensure that all of the health care and family support needs of all Persian Gulf War veterans suffering from illnesses related to the Gulf War Syndrome are met prior to the conclusion of any further studies, that all possible causes of the Gulf War Syndrome be expeditiously and exhaustively researched, and that the actions of the Pentagon and the Department of Defense regarding release of information regarding the Gulf War Syndrome be fully investigated.
Resolution Chapter 70, Statutes of 1997
A similar measure was AJR 5 (Havice-D), Resolution Chapter 70, Statutes of 1997.
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 .
(In Senate Rules Committee)
SJR 4 (Haynes-R) Balanced federal budget
Memorializes Congress to propose an amendment to the Constitution of the United States requiring a balanced federal budget, as specified, for submission to the states for ratification.
(Failed passage in Senate Rules Committee)
SJR 7 (Solis-D) Hong Kong sovereignty
Urges the President and the Congress 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.
(In Senate Rules Committee)
SJR 9 (Haynes-R) United States Constitution
Memorializes the Congress to propose an amendment to the Constitution that will enable 3/4 of the state legislatures to amend the Constitution unless disapproved by a 2/3 vote of both houses of Congress.
(Failed passage in Senate Judiciary Committee)
SJR 10 (Haynes-R) Unfunded federal mandates
Memorializes the President and Congress to support and enact a measure that will end the practice of imposing unfunded federal regulatory mandates on state and local governments and to ensure that the federal government pays the direct costs incurred by state and local governments in complying with requirements imposed under future federal mandated regulations.
(Refused adoption on Senate Floor)
SJR 14 (Kelley-R) Human cloning
Memorializes the President and Congress to ban, outlaw, and take all necessary means to prevent the cloning of human beings.
(Failed passage in Senate Health and Human Services Committee; reconsideration granted)
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 to enact appropriate legislation which address specified concerns.
(In Senate Rules Committee)
SJR 18 (Karnette-D) Freight transportation
Memorializes the President and the Congress to make the intensity of use, as specified, a factor in the distribution of funds in the reauthorization of the federal Intermodal Surface Transportation Efficiency Act.
Resolution Chapter 74, Statutes of 1997
SJR 23 (Haynes-R) United Nations: global taxation
Memorializes the U.S. Congress 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.
(Failed passage in Senate Revenue and Taxation Committee; reconsideration granted)
SJR 26 (Kopp-I) Aircraft Repair Station Safety Act of 1997
Memorializes Congress to enact the Aircraft Repair Station Safety Act of 1997 (HR 145), which provides for more stringent standards for certification of foreign repair stations by the Federal Aviation Administration and revokes the certification of any repair facility that knowingly uses defective parts. Requires all maintenance facilities, whether domestic or foreign, to adhere to the same safety and operating procedures.
Resolution Chapter 99, Statutes of 1997
SJR 27 (Kopp-I) World Exposition, EXPO 2000
Expresses legislative support for the participation of the United States, and individual states, in the World Exposition, EXPO 2000, in Hannover, Germany, and respectfully memorializes the President and Congress to initiate any actions and appropriate any funds needed to ensure the ability of the United States, the individual states, or both, to participate in EXPO 2000. Expresses legislative intent and interest in ensuring that the State of California, jointly with private and nonprofit entities, be represented at EXPO 2000.
Resolution Chapter 109, Statutes of 1997
SJR 28 (Kopp-I) NATO: Inclusion of Poland, Hungary, and the Czech Republic
Memorializes the President and Congress 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.
(Held at Assembly Desk)
SJR 29 (Vasconcellos-D) Cryptographic products: export controls
Memorializes the President and Congress to take immediate action to revise current federal export controls on American cryptographic products.
Resolution Chapter 110, Statutes of 1997
SJR 30 (Karnette-D) Airline service
Requests the President and the Congress 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.
(In Senate Transportation Committee)
SR 8 (Burton-D) Bloody Sunday Justice Campaign
Urges the government of Great Britain to hold a new, impartial, and open inquiry into the events of January 30, 1972, now known as Bloody Sunday.
Adopted
A similar resolution was HR 8 (Shelley-D), which was adopted by the Assembly.
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.
(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.
(In Assembly Rules Committee)
ACR 68 (Morrissey-R) Mexican independence
Calls upon the people of California to join the people of Mexico and Californians of Mexican heritage in celebrating Mexican independence on the anniversary of the popular uprising of September 16, 1810.
Resolution Chapter 123, Statutes of 1997
AJR 2 (Baca-D) Social Security Administration
Memorializes the Congress and the President to investigate the allegations that the Social Security Administration has mishandled wage reports and benefits.
(In Assembly Human Services Committee)
AJR 3 (Baca-D) Endangered species: Delhi Sands flower-loving fly
Memorializes the President and Congress to encourage the Secretary of the Department of Interior and the United States Fish and Wildlife Service to consider delisting the Delhi Sands flower-loving fly from the endangered species list.
(Refused adoption in Senate Natural Resources and Wildlife Committee)
AJR 4 (Floyd-D) Anti-personnel landmines
Encourages the leaders of the United States to work with our allies and other nations toward the creation of an international ban on the manufacture, stockpiling, sale, and the use of antipersonnel landmines, and to urge the President and Congress to make permanent the current moratorium on the export of antipersonnel landmines.
Resolution Chapter 124, Statutes of 1997
AJR 5 (Havice-D) Gulf War Syndrome
Memorializes the President and Congress to continue efforts to ensure that veterans of the Gulf War are appropriately cared for, and to do everything possible to understand and explain Gulf War illnesses; to put into place those military doctrines, personnel, and medical policies, procedures, and equipment that will minimize any future problems from exposure to biological or chemical agents or other environmental hazards, and to use all means necessary to ensure that Gulf War veterans who placed themselves in harm's way on behalf of all Americans, are provided the assistance, support, and care they deserve.
Resolution Chapter 26, Statutes of 1997
A similar measure was SJR 2 (Thompson-D), Resolution Chapter 70, Statutes of 1997.
AJR 6 (Honda-D) Hong Kong sovereignty
Urges the President and Congress 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.
(In Assembly Rules Committee)
AJR 9 (Campbell-R) Balanced federal budget and federal taxation
Memorializes Congress to approve a balanced budget amendment to the Constitution and a provision to require a two-thirds vote of each house of Congress to increase taxes.
(In Assembly Revenue and Taxation Committee)
AJR 13 (Havice-D) Social Security: Medicare
Memorializes the President and Congress to continue efforts to ensure that social security and Medicare are not threatened, to protect older Americans from harm and stress, to stop efforts to hurt the income security of older Americans, and to ensure that older Americans continue to receive all that they are entitled to and deserve.
Resolution Chapter 125, Statutes of 1997
AJR 15 (Bordonaro-R) Spent nuclear fuel: in-state transport
Memorializes the President and Congress to take appropriate action necessary to prevent the shipment of spent nuclear fuel from overseas through the State of California.
(Refused adoption in Assembly Rules Committee)
AJR 19 (Baca-D) The Southwest Defense Complex
Memorializes the President and Congress to endorse and support the Southwest Defense Complex, and the efforts of the Southwest Defense Alliance in furtherance of the Southwest Defense Complex.
Resolution Chapter 60, Statutes of 1997
AJR 22 (Kaloogian-R) Aircraft Carrier Midway
Requests the President, the Congress, and the Department of Defense to support the efforts of the citizens of the State of California and the County of San Diego to acquire the United States Navy aircraft carrier Midway for a regional museum and an educational and entertainment complex.
Resolution Chapter 79, Statutes of 1997
AJR 24 (Murray-D) Black Music Month
Recognizes the significance of African-American and other black music to global culture, and the positive impact of this art form on global commerce. Designates the month of June as Black Music Month throughout the State of California, and calls upon the people of the state to study, reflect on, and celebrate the majesty, vitality, and importance of African-American and other black music.
Resolution Chapter 53, Statutes of 1997
AJR 25 (Baca-D) Breast cancer research
Urges Congress and the President to enact the Breast-Cancer Research Stamp Act of 1997 which would create a new first-class postage stamp that will be offered to patrons on a voluntary basis at 1 cent above the rate that otherwise would apply from the sale of each stamp to be expended for breast cancer research.
Resolution Chapter 84, Statutes of 1997
AJR 34 (Baca-D) Religious Freedom Restoration Act of 1993
Memorialize the President and the Congress to condemn a recent ruling by the United States Supreme Court striking down the Religious Freedom Restoration Act, and to enact new legislation to protect freedom of religion.
(Refused adoption on Senate Floor)
HR 37 (Cardoza-D) The American Flag
States that the California State Assembly commends all individuals who proudly display the American flag on July 4 and other patriotic holidays.
(On Assembly Inactive File)
HR 39 (Strom-Martin-D) Sister cities
States that the California State Assembly commemorates the signing of the sister-city relationship between Mendocino, California and Miasa, Japan, and further honors the Yoshida family for their many generations of superb art and their efforts in helping to establish the strong bond between the two communities, separated by an ocean but joined in spirit and in art.
Adopted
HR 44 (Thompson-D) Religious tolerance in Russia
Protests the religious intolerance shown by the Russian Parliament which has overwhelmingly passed legislation that will restrict all other religions other than the Russian Orthodox Church (vetoed by President Yelstin, but Parliament threatens a veto override), and memorializes the President and Congress to continue to insist that the legislation proposed by the Russian Parliament to restrict religious freedom not be passed into law.
Adopted
Gaming
SB 8 (Lockyer-D) Gambling
Establishes a 2-phased statewide regulatory framework for gaming in California. Repeals the Gaming Regulation Act and, instead, enacts the Gambling Control Act. Creates the Division of Gambling Control within the Department of Justice. Authorizes the division to regulate legal gambling in this state, as specified. Creates the California Gambling Control Board and delegates specified duties to the board. Upon the occurrence of certain events the California Gambling Control Commission, which this bill also creates, would succeed to all of the powers of the California Gambling Control Board, which would be abolished.
Chapter 867, Statutes of 1997
Similar legislation is AB 28 (Ortiz-D), which is in the Assembly Appropriations Committee.
SB 137 (Maddy-R) Gaming clubs, bars, and taverns: smoking
Extends, from January 1, 1998 to January 1, 1999, the suspension of the smoking prohibition for specified bars, taverns, and gaming clubs. Permits smoking in the specified gaming clubs, bars, and taverns, on or after January 1, 1999, if the federal Occupational Safety and Health Administration or the California Occupational Safety and Health Standards Board adopts a standard for the reduction and control of permissible exposure to environmental tobacco smoke. Does not restrict the authority of a county, city, or city and county to regulate smoking in gaming clubs, bars, and taverns.
(Re-referred to Senate Judiciary Committee pursuant to Senate Rule 29.10)
Similar legislation is AB 297 (Vincent-D), which is in the Assembly Labor and Employment Committee, and AB 869 (Floyd-D), which failed passage in the Assembly Labor and Employment Committee.
SB 777 (Leslie-R) Gambling: interactive computer service or system
Makes it 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. Exempts the California State Lottery or any type of gambling operation otherwise authorized by law.
(Failed passage in Senate Public Safety Committee; reconsideration granted)
SB 990 (Calderon-D) Gaming clubs
Extends, to January 1, 2000, the sunset date for a publicly traded horseracing corporation to operate one gaming club at its racetrack. Extends licensing and reporting requirements for such establishments.
Vetoed by the Governor
SB 1067 (Polanco-D) Indian gaming
Gives the Governor the authority to negotiate and execute a tribal-state compact with any Indian tribe in regards to Class III games, with the exception of horseracing. Permits electronic gaming devices that do not dispense coins or currency and non-house-banked card games to be operated under a tribal-state compact. Clarifies that the term "casinos of the type currently operating in Nevada and New Jersey" does not include tribal government gaming facilities operating under a tribal-state compact.
Vetoed by the Governor
SCA 21 (Polanco-D) Indian gaming: casinos
Provides, notwithstanding existing law, that the Legislature may authorize the establishment, operation, and regulation of casinos on Indian lands located within the state that are under the jurisidiction of a federally recognized Indian tribe.
(In Senate Constitutional Amendments Committee)
SJR 20 (Polanco-D) Indian gaming
Memorializes the President to issue an executive order permitting the tribes to continue to operate and regulate their respective gaming operations until appropriate legislation is enacted, and compact remedies have been exhausted.
Resolution Chapter 59, Statutes of 1997
Similar legislation is SB 1067 (Polanco-D), which was vetoed by the Governor.
AB 158 (Papan-D) Gambling establishments
Requires the appropriate state gaming regulatory authority to consider denying a license application for a new gambling establishment or an expansion of an establishment, if the establishment is to be located within a cemetery or adjacent to a cemetery.
Vetoed by the Governor
AB 518 (Brown-D) Gaming clubs: ejection of undesirable persons
Requires the Attorney General (AG) to formulate a list of persons whose presence is determined by the AG to pose a threat to the interests of the state or legitimate gaming, or both. Requires the AG to establish procedures for hearing petitions by persons who are ejected or excluded from the gaming premises. Becomes operative when a comprehensive scheme for gaming regulation is enacted.
(In Senate Governmental Organization Committee)
AB 1014 (Brown-D) Gaming clubs: registration
Provides that an application for registration for the operation of a gaming club may be denied if the person is under the age of 21 years, is or has been associated with criminal profiteering activity or organized crime, as defined, or is or has been in contumacious defiance of certain investigatory bodies.
(In Assembly Governmental Organization Committee)
AB 1442* (Bustamante-D) Gambling
Designates the Governor as the state officer for negotiating and executing compacts with federally recognized Indian tribes for conducting Class III gaming, as specified.
(In Senate Rules Committee)
Horseracing
SB 20* (Maddy-R) Cal-bred awards
Provides that the owner premiums paid to owners of California-bred thoroughbreds must be distributed from the actual "winner's share" of the purse for a qualifying race, rather than the total advertised purse. Includes technical language conforming the northern zone distribution of the take-out for the Arabian California-bred incentive programs.
Chapter 2, Statutes of 1997
SB 25 (Maddy-R) Horseracing: out-of-state wagers
Repeals, for thoroughbred racing only, the state license fee required to be paid by California racing associations on the payments they receive from out-of-state betting systems on the exported simulcast of their races. Redirects these revenues to the official registering agency for thoroughbreds to support their California-bred incentive award programs.
(In Assembly Appropriations Committee)
SB 26 (Maddy-R) California-bred races
Requires the total amount distributed to horsemen and horsewomen for California-bred stakes races to be not less than 10% of the total amount distributed for all stakes races from the purse account at that racing meeting.
Chapter 65, Statutes of 1997
SB 28 (Maddy-R) Horseracing: stabling and vanning
Eliminates the duty of the California Horse Racing Board to determine the number of usable stalls that each association or fair shall make available and maintain in order to conduct the racing meeting, and instead requires the association or fair to indicate in its application the number of stalls that the association or fair will make available and maintain in order to conduct the racing meeting. Requires an association, fair, or board-approved off-site stabling facility to be reimbursed on a pro rata basis from the funds from satellite wagering dedicated to that purpose. Removes the requirement that the organization representing the horsemen and horsewomen participating at the meeting, and the association or fair, mutually agree on the criteria and selection of horses that may use stalls.
(In Senate Governmental Organization Committee)
SB 44 (Maddy-R) Horseracing
Prohibits wages accepted by betting systems located in a state that is contiguous to the state, and in whcih no live thoroughbred racing is conducted, from being included in the parimutuel pool of the association that conducts the live racing in the state.
(In Senate Governmental Organization Committee)
SB 103 (Maddy-R) Horseracing: racing weeks
Defines "racing weeks" as 7 consecutive days during which a licensed racing association or fair is authorized by the board to conduct horseracing for a minimum of 4 racing days, and repeals a provision that permits the California Horse Racing Board to authorize the conduct of horseracing for a minimum of 4 racing days upon the joint petition of an association or fair and the organization representing horsemen and horsewomen participating in the meeting.
(In Senate Governmental Organization Committee)
SB 127 (Ayala-D) Horseracing
Permits a racing association or a fair licensed to conduct quarter horse racing to conduct races that include paint and Appaloosa horses racing in the same race.
Chapter 108, Statutes of 1997
SB 141 (Maddy-R) Horseracing: out-of-state wagers
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.
(In Assembly Governmental Organization Committee)
SB 220 (Rosenthal-D) Charity racing days: beneficiaries of proceeds
Requires that at least 20% of the proceeds derived from charity racing days be distributed to charities associated with the horse racing industry.
Chapter 451, Statutes of 1997
SB 281 (Ayala-D) Horseracing: fairs: allocation of racing dates
Prohibits the California Horse Racing Board from allocating racing dates to a private thoroughbred racing association if a fair racing association in the same zone is conducting racing and the fair has outstanding debt obligations resulting from track improvements. Permits the Los Angeles County Fair to retain a portion of the state license fees beginning in 1999 which exceeds the license fee amount paid to the state during its 1997 live racing meeting for the purpose of meeting debt obligations for race track improvements.
(In Assembly Governmental Organization Committee)
SB 390 (Haynes-R) Horseracing: stabling
Deletes the requirement that specified off-site stabling be only at auxiliary facilities of licensed racing associations in the central or southern racing zone of California. Requires described reimbursement for a minimum of 1 California Horseracing Board-approved auxiliary training facility in the southern zone.
(Failed passage in Senate Governmental Organization Committee)
SB 481 (Dills-D) Quarter horse racing
Deletes the reference to the Pacific Coast Quarter Horse Association from the provision authorizing the California Horse Racing Board to adopt rules and regulations for quarter horse racing. Clarifies the definition of "eligible earnings" for purposes of quarter horse breeding incentive and award programs.
Chapter 314, Statutes of 1997
SB 539 (Johnson-R) Horseracing: satellite wagering
Requires each licensed thoroughbred association in the central and southern zones to produce a live audiovisual signal of its racing program and to make this signal available to satellite wagering facilities that are operated by racing associations that conduct at least 6 weeks of live racing per year.
(In Senate Governmental Organization Committee)
SB 1144* (Rosenthal-D) Satellite wagering: out-of-state races
Allows the California Horse Racing Board to authorize a harness horseracing association to simulcast and accept wagering on out-of-state harness races that are conducted as part of the Breeder's Crown Stakes, if the association is conducting a live harness racing meet at that time.
Chapter 457, Statutes of 1997
AB 172 (Wright-D) Horseracing: out-of-state races: license fees
Enacts a modified state license fee structure for thoroughbred racing associations and southern and central zone racing fairs based on a percentage of "gross wagering revenue" as the amount retained by a California racing association after payment to winning bettors and out-of-state betting systems, if any. Recasts the state's license fee as a percentage of this amount.
(In Senate Governmental Organization Committee)
AB 422 (Floyd-D) Racing fees
Reduces the state license fee paid by thoroughbred racing associations or fairs on all wagers placed with licensed parimutuel clerks by 2% of the rate in effect for 1996.
(In Senate Appropriations Committee)
Similar legislation is SB 798 (Hughes-D), which is in the Senate Governmental Organization Committee.
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 1/2 of 1% of the amount remaining after payment to winning bettors. Makes other related changes regarding satellite wagering.
(Failed passage in Senate Governmental Organization Committee; reconsideration granted)
AB 546 (Floyd-D) Horseracing: out-of-state wagers: overlapping meetings
Repeals a current 8% state tax levied against amounts a quarter horse racing association receives from out-of-state betting system and, instead, requires that these funds be distributed for purses. Requires any remaining amount to be distributed equally between the horsemen and the association, as specified. Requires that when a live thoroughbred racing meeting overlaps a quarter horse meet in the southern and central zone, or a harness horse meet in the northern zone, the signals of all live racing programs be accepted at each live racing meeting and at all satellite wagering facilities as specified. Makes other technical changes.
(In Senate Governmental Organization Committee)
AB 547 (Floyd-D) Satellite wagering: acceptance of wagers
Requires that if a satellite wagering facility is operated by a racing association or fair that is simultaneously conducting a live racing meeting, the horsemen's organization contracting with the association conducting the live race meet consent to the acceptance of wagers at the satellite wagering facility.
(Failed passage in Assembly Governmental Organization Committee; reconsideration granted)
AB 951 (Margett-R) Horseracing: Standardbred Sire Stakes Program
Modifies the membership composition of the Standardbred Sire Stakes Committee, and provides that additional funds may be made available to supplement the purses distributed by the committee upon agreement by the recognized harness horsemen's organization and the harness racing association conducting the live racing meeting.
Chapter 180, Statutes of 1997
AB 952 (Brown-D) Horseracing: satellite wagering
Expands satellite wagering for thoroughbred racing by allowing San Mateo County (Bay Meadows) to operate 1 additional satellite wagering facility in either San Mateo or Santa Clara County, and allows Alameda County (Golden Gate Fields) to operate an additional satellite facility in Contra Costa County in the City of San Pablo at a gaming club. Expands satellite wagering into Shasta County. Reduces the license fee paid by thoroughbred racing associations in the northern zone for on-track betting by 1/8 of 1% of the total fees that were paid during 1997, with the savings being redistributed as commissions.
(On Senate Third Reading File)
AB 1026 (Brown-D) Fair racing
Requires the California Horse Racing Board to hold a public hearing to discuss dates allocated to a fair racing association, as specified.
(On Assembly Inactive File)
AB 1048 (Vincent-D) Parimutuel wagering
Amends the definition of "parimutuel wagering" to specify that the purchase of tickets occurs at a racetrack or other facility permitted by law to conduct satellite wagering.
(In Assembly Governmental Organization Committee)
AB 1083 (Assembly Governmental Organization Committee) Horseracing: satellite wagering
Deletes an obsolete cross-reference in a section of existing law which requires every racing association or fair that provides a live audio-visual signal of its program to a satellite wagering facility to cooperate with the operator of the satellite wagering facility regarding the methods used by the company responsible for the parimutuel system.
(In Senate Governmental Organization Committee)
AB 1465 (Bordonaro-R) Purses
Requires the State Department of Food and Agriculture to distribute 10% of the northern zone racing fairs' state license fees and any remaining funds from this program, as specified, to supplement owner purses at these race meetings.
Chapter 393, Statutes of 1997
AB 1477 (Papan-D) Satellite wagering: out-of-state races
Authorizes the California Horse Racing Board to permit a fair or a thoroughbred racing association conducting a race meeting to accept wagers on full or partial cards of out-of-zone, out-of-state, or out-of-country thoroughbred races on any day of the association's racing week. Sets the license fee on full card simulcasting at 1% of the amount wagered.
(In Assembly Governmental Organization Committee)
Immigration Issues
SB 34* (Vasconcellos-D) Medi-Cal
Provides Medi-Cal prenatal and obstetric care to undocumented pregnant women.
(On Senate Third Reading File)
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.
(In Senate Appropriations Committee)
Similar legislation is SB 904 (Lee-D), in Assembly Appropriations Committee, SB 1239* (Watson-D), in Senate Appropriations Committee, and AB 1197 (Villaraigosa-D), 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.
(In Senate Health and Human Services Committee)
SB 938 (Polanco-D) Citizenship assistance
Appropriates $8 million from the General Fund to the State Controller. Requires the State Controller to allocate $3 million to the State Department of Community Services and Development in augmentation of a specified item in the Budget Act of 1996 for the California Mentor Initiative, and $5 million to the department 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.
(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.
(Failed passage in Senate Industrial Relations Committee; reconsideration granted)
SB 1140 (Senate Health and Human Services Committee) Legal immigration: Medi-Cal
Extends preventive and primary care and other non-emergency health benefits for new legal entrants and permanent aliens.
(In Assembly Appropriations 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 SSI/SSP due to the federal welfare reform bill.
(In Assembly Appropriations Committee)
AB 67* (Escutia-D) I.H.S.S. Program
Among other provisions, continues the In-Home Supportive Service program for individuals who are no longer eligible for SSI/SSP.
Chapter 606, Statutes of 1997
Similar language was contained in AB 1153 (Escutia-D), which was vetoed for the provision concerning citizenship assistance providers.
AB 72 (Knox-D) Citizenship assistance: immigrants
Provides for the allocation of monies to fund citizenship assistance providers, as defined, in order to provide legal immigrants with assistance to become U.S. citizens. Provides for administration of its provisions by the State Department of Community Services and Development. Requires the department to report to specified legislative committees on the status of each provider funded under the bill by August 15, 1997.
(In Senate Appropriations Committee)
Similar legislation is SB 938 (Polanco-D), which is in the Assembly Budget Committee.
AB 501 (Migden-D) Medi-Cal
Requires the State Department of Health Services to implement federal law with all deliberate speed and ensure that no child who received Medi-Cal benefits on August 22, 1996 is denied those benefits. Requires that any child who retains Medi-Cal eligibility shall receive those benefits as a categorically needy eligible on the basis of eligibility for the State Supplementary Program for the Aged, Blind and Disabled.
Vetoed by the Governor
Similar legislation is AB 1006 (Ducheny-D), which is on the Senate Inactive File.
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.
(In Assembly Human Services Committee)
AB 785 (Campbell-R) Corrections: undocumented felons
Requires any undocumented alien who has been convicted of a felony and sentenced to imprisonment in the state prison to be delivered by the State Department of Corrections to the U.S. Immigration and Naturalization Service for immediate deportation, upon his or her release from imprisonment and without regard to parole.
(In Assembly Public Safety Committee)
AB 1006 (Assembly Human Services Committee) 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 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.
(On Senate Inactive File)
AB 1153* (Escutia-D) Citizenship Assistance Provider
Among other provisions, requires the State Department of Community Services and Development to contract and allocate funds to citizenship assistance providers in order to assist legal noncitizen immigrants with the naturalization process.
Vetoed by the Governor
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.
(In Senate Appropriations Committee)
Similar legislation is SB 933 (Thompson-D), at the Assembly Desk, SB 604 (Watson-D), in Senate Appropriations Committee, AB 67 (Escutia-D), Chapter 606, Statutes of 1997, AB 72 (Knox-R), in Senate Appropriations Committee, AB 501 (Migden-D), vetoed by the Governor, and AB 1006 (Ducheny-D), on the Senate Inactive File.
AB 1352 (Martinez-D) Child nutrition programs
Makes, among other things, various legislative findings and declarations with respect to the act permitting and, in some instances, requiring states receiving funding under the National School Lunch Program and Section 4 of the Child Nutrition Act of 1966 to continue to provide benefits under those programs to needy children regardless of the citizenship, alienage, or immigration status of the children. Clarifies that a pupil, with respect to various nutrition programs, who otherwise meets eligibility requirements of the program, is eligible to receive benefits pursuant to the program regardless of citizenship, alienage, or immigration status.
(In Assembly Education Committee)
AB 1386 (Goldsmith-R) Illegal aliens: crime
Enhances the punishment for a felony committed by an illegal alien who has been previously deported under federal law, as specified.
(Failed passage in Assembly Public Safety Committee; reconsideration granted)
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.
(In Assembly Appropriations Committee)
AB 1426 (Martinez-D) Health care
States legislative findings that, as a result of both state and federal legislative initiatives, many immigrants will no longer qualify for Medi-Cal benefits; while these immigrants will no longer qualify for Medi-Cal, their children may be U.S. citizens; and, it is a necessary and proper function of government to provide for the common good by ensuring a healthy future workforce. Requires the Secretary of Child Development and Education to report to the Legislature, by March 15, 1998, 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.
(In Assembly Health Committee)
AB 1571* (Assembly Budget Committee) Budget augmentation: citizenship center
Among other provisions, appropriates $3 million for the allocation to the new and existing providers of naturalization assistance.
Chapter 928, Statutes of 1997 - Item Veto
The above item was vetoed by the Governor.
Legislature
Legislature
The 1996 elections retained the State Assembly back to control of the Democrats with a 43-37 vote margin. Cruz M. Bustamante (D) was elected Speaker of the Assembly replacing Curt Pringle (R). Antonio Villaraigosa (D-L.A.) became the new Majority Leader and Sheila Kuehl (D-L.A.) became the new Speaker Pro Tempore. The Republicans retained Curt Pringle (R) as their leader until he stepped down in September and was replaced by Bill Leonard (R-Rancho Cucamonga). Also in September, Louis Caldera (D-L.A.) resigned from office taking a federal position in the Clinton administration.
The State Senate's partisan membership after the 1996 election became 23 Democrats, 16 Republicans, and 1 Independent. The only leadership change was the replacement of Richard Polanco (D-L.A.) as Democratic Caucus Chair with Jack O'Connell (D-Santa Barbara). Teresa Hughes (D-L.A.) became the first woman Senator elected to the Senate Rules Committee.
Senator James Brulte was elected to Senate Rules Committee, replacing Robert Beverly who was termed out.
The following is a list of those who became newly elected and those who they replaced due to either term limits, running for another office, or were unsuccessful in their reelection bid:
State Senate`
New Member` Replaced Member
Dede Alpert (D)` Lucy Killea (I)
James L. Brulte (R)` Bill Leonard (R)
John Burton (D)` Milton Marks (D)
Betty Karnette (D)` Robert G. Beverly (R)
William J. Knight (R)` Don Rogers (R)
Barbara Lee (D)` Nicholas Petris (D)
Bruce McPherson (R)` Henry Mello (D)
Richard Rainy (R)` Dan Boatwright (D)
Adam Schiff (D)` Newton R. Russell (R)
John Vasconcellos (D)` Alfred E. Alquist (D)
State Assembly`
Elaine Alquist (D)` John Vasconcellos (D)
Dion Aroner (D)` Tom Bates (D)
Roy Ashburn (R)` Trice Harvey (R)
Bill Campbell (R)` Mickey Conroy (R)
Tony Cardenas (D`) Richard Katz (D)
Dennis Cardoza (D)` Sal Canella (D)
Richard Floyd (D)` Juanita McDonald (D)
Sally Havice (D)` Phil Hawkins (R)
Robert Hertzberg (D)` Barbara Friedman (D)
Mike Honda (D)` Dominic Cortese (RFD)
Fred Keeley (D)` Bruce McPherson (R)
Lynne C. Leach (R)` Richard Rainey (R)
Ted Lempert (D)` Byron Sher (D)
Tom McClintock (R)` Paula Boland (R)
Thomas Oller (R)` David Knowles (R)
Deborah Ortiz (D)` Phillip Isenberg (D)
Rod Pacheco (R)` Ted Weggeland (R)
Louis J. Papan (D)` Jackie Speier (D)
Don Perata (D)` Barbara Lee (D)
Robert Prenter (R)` Brian Setencich (I)
George Runner (R)` William Knight (R)
Jack Scott (R)` Bill Hoge (R)
Kevin Shelley (D)` John Burton (D)
Virginia Strom-Martin (D)` Dan Hauser (D)
Helen Thomson (D)` Tom Hannigan (D)
Tom Torlakson (D)` Robert Campbell (D)
Edward Vincent (D)` Curtis Tucker, Jr. (D)
Carl Washington (D)` Willard Murray (D)
Howard Wayne (D)` Dede Alpert (D)
Scott Wildman (D)` James Rogen (R)
Roderick Wright (D)` Marguerite Archie-Hudson (D)
The following former Assembly Members who served before the term limit laws became effective were elected to the Assembly in 1996: Richard Floyd, Ted Lempert, Bill Leonard, Tom McClintock and Lou Papan.
An issue that will effect the Legislature as an institution will be the court action concerning term limits. At the time of this writing, the United States Court of Appeals for the 9th Circuit invalidated term limits as contained in Proposition 140. A 3-judge panel, by a 2-1 vote, affirmed a lower court's decision that term limits were unconstitutional. Earlier in the year, U.S. District Judge Claudia Wilkin held in Bates v. Jones that the lifetime ban on legislative terms was unconstitutional. That decision was stayed by Judge Wilkin pending appeal by Secretary of State Bill Jones.
The 3-judge panel of the 9th Circuit Court used a different reason for declaring term limits unconstitutional stating that the voters did not have knowledge as to the severity of the limitation. It cited federal constitutional law requiring that a "severe limitation on people's fundamental rights" cannot be imposed via a "measure that is ambiguous on its face." At the time of this writing, the 9th Circut Court voted to re-hear Prop 140, En Banc, until they make a decision term limits will still be in effect.
In anticipation of term limits being declared unconstitutional by the U.S. Supreme Court, several legislative Constitutional Amendments have been introduced this session concerning new term limits which in effect delete the lifetime ban. These measures are ACA 17 (Kaloogian-R), ACA 18 (Oller-R), ACA 19 (Frusetta-R), ACA 20 (Kuehl-D) and ACA 2 (Papan-D).
The Legislature also enacted for the first time a joint rule providing for an 18 member Conference Committee. ACR 39 (Bustamante-D) provided for an 18 member Conference Committee on welfare reform. The rule was operative during the 1997 portion of the 1997-98 Legislative Session. Formally, conference committees consist of 6 members; 3 members from each house. This was done in order that the welfare issue could be considered in a more deliberate setting and with a more diverse membership.
Other legislation concerning the Legislature are as follows:
SB 58 (Ayala-D) State agencies legislation
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 to set to hear that bill no later than 7 calendar days prior to the first hearing in that committee.
(In Senate Governmental Organization Committee)
SCA 16 (Lockyer-D) Budget Bill: passage
Forfeits the salary of members of the Legislature and the Governor if the Budget Bill is not passed by midnight on June 30th until it is passed. Exempts appropriations in the Budget Bill from 2/3rds vote of requirement.
(In Senate Rules Committee)
Similar legislation is ACA 2 (Morrissey-R), which failed passage in Assembly Budget Committee.
SCR 1 (Burton-D) Joint Rules
Adopts the Legislative Joint Rules for the 1997-98 Regular Session.
Resolution Chapter 41, Statutes of 1997
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.
(Failed passage in Assembly Public Employees, Retirement and Social Security Committee; reconsideration granted)
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 4 years immediately preceding election to that office.
(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.
(In Assembly Budget Committee)
Local Government
SB 11* (Brulte-R) Local law enforcement: supplemental funding
Instructs the State Controller to disburse Citizens 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 for 1997-98 fiscal year no later than September 15, 1997. Makes changes to the existing COPS program. Appropriates $15 million for local community crime prevention efforts.
(In Senate Appropriations Committee)
SB 22 (Johnson-R) Elective county offices: term limits
Authorizes a board of supervisors of any general law or charter county to submit to the electorate of their counties, or have the residents submit by initiative measure, a proposal to limit the terms of any non-judicial elective county office.
(Failed passage in Senate Elections and Reapportionment Committee; reconsideration granted)
SB 55 (Kopp-I) Local government assessment ballots
Provides that the contents of an assessment ballot are confidential and not subject to disclosure pursuant to the California Public Records Act, as specified. Provides that any person willfully violating its provisions is guilty of a misdemeanor, thereby imposing a state-mandated local program.
(In Assembly Transportation Committee)
SB 71 (Kelley-R) Redevelopment: Coachella Valley
Establishes the Coachella Valley Redevelopment Affordable Housing Pilot Project, which allows the 10 redevelopment agencies in the Coachella Valley to transfer their redevelopment housing funds to other jurisdictions and receive credit for meeting their share of the region's housing need.
(In Assembly Housing and Community Development Committee)
SB 79 (Kopp-I) Local agencies: competitive bidding
Requires a county water district, a harbor improvement district, and a sewer maintenance district, not subject to competitive bidding requirements under existing law, to contract for and let projects to the lowest responsible bidder for any public project that exceeds $25,000. Makes it a misdemeanor to separate projects into smaller work orders to evade bidding requirements. Provides various other exemptions from competitive bidding requirements to those agencies.
Double-joined with AB 1316 (Alquist-D).
(In Assembly Appropriations Committee)
SB 113* (Lewis-R) Air pollution: south coast district
Requires, until January 1, 2010, or other specified time, the South Coast Air Quality Management District (SCAQMD) to waive a fee that was imposed upon school districts that are within its jurisdiction. Then requires the SCAQMD to recover the lost amount from specified motor vehicle registration fees.
Chapter 273, Statutes of 1997
SB 120 (Craven-R) Local government: Local Agency Accounts Financing Act
Makes legislative findings and declarations regarding the need to provide local agencies with a comprehensive and alternative method for transfer of specified accounts, and identifying the bill as a means of using certain procedures, powers and penalties, otherwise only available to local agencies, for the benefit of purchasers or assignees or holders of bonds secured by accounts. Authorizes a local agency to sell or assign, in a specified manner, all of its rights, title, and interest in and to any or all accounts and rights to collect, as defined. Provides that any interest payable on a bond issued by a local agency under the bill would not be subject to state personal income tax or corporate income tax. Authorizes a joint powers agency to purchase accounts, interests therein, and rights to collect. Authorizes a county board of supervisors to sell or assign or pledge accounts and related rights to collect, including accounts arising out of delinquent assessments or taxes.
(In Senate Local Government Committee)
SB 138 (Kopp-I) Open meetings: local agencies
Makes technical revisions to the Ralph M. Brown Act concerning local agency open meetings. Permits a local agency to conduct all meeting functions in different locations connected by audio and/or video. Requires the local agency to identify each teleconference location in the meeting notice, and requires the teleconferenced meeting to comply with the Brown Act and other applicable laws. Requires all votes taken during the teleconferenced meeting to be rollcall votes.
Chapter 253, Statutes of 1997
SB 147 (Kopp-I) Local agency borrowing
Establishes conditions under which a joint powers authority (JPA) may issue bonds to pay construction or acquisition costs for public capital improvements. Establishes conditions under which a JPA is prohibited from issuing bonds to construct or acquire a public capital improvement. States that it does not restrict or prevent sale of a financed facility or the contracting out of its operating responsibilities to a non-member agency.
(Held at Assembly Desk)
SB 162* (Haynes-R) Fines and forfeitures: comprehensive collection programs
Extends the sunset date on a program that allows counties to deduct the cost of collecting delinquent court-ordered criminal fines or forfeitures from the payment before the money is distributed to various governmental entities entitled to a share. Eliminates requirement that a fine be 60 days delinquent, requiring only that it be delinquent relative to deducting costs associated with the collection of those fines and forfeitures.
Chapter 703, Statutes of 1997
SB 176 (Lockyer-D) Local government reorganization
Creates the Special Commission on Los Angeles Boundaries to determine the feasibility of detaching all or a 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. 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.
(In Senate Appropriations Committee)
Similar legislation is AB 62 (McClintock-R), Chapter 911, Statutes of 1997, AB 303 (Runner-R), Chapter 164, Statutes of 1997, AB 1414 (Cardenas-D), which is in Senate Local Government Committee, and AB 1484 (Hertzberg-D), Chapter 943, Statutes of 1997.
SB 182 (Peace-D) Fines and forfeitures
Creates an additional penalty of $32 for each misdemeanor conviction of driving under the influence of any alcoholic beverage or drug, for deposit in the Fingerprint Fees Account to process criminal history records. Authorizes the county where the conviction was processed to retain 5% of the $32 penalty to cover administrative costs.
(In Senate Appropriations Committee)
SB 189 (Kelley-R) Weights and measures
Provides for the continuation of the current administrative penalty program and the current registration fees under the weights and measures laws by extending both sunset dates 3 years to January 1, 2001.
Chapter 476, Statutes of 1997
SB 191* (Ayala-D) Prima facie speed limit: local ordinances
Reinstates an existing law that was repealed on January 1, 1997 because of a sunset clause. Reauthorizes any county or city which is contained, in whole or in part, within the South Coast Air Quality Management District to declare by ordinance a reduced prima facie speed limit for air pollution control purposes.
Chapter 16, Statutes of 1997
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. Authorizes a county board of supervisors to expend funds for incentives and awards for manager or employee efforts that reduce the incidence or costs of occupational injury.
(In Senate Local Government Committee)
SB 210 (Ayala-D) County officers: auditors: qualifications
Requires any person serving as a county auditor in a county that has adopted specified criteria to complete at least 40 hours of qualifying continuing education every 2 years, beginning January 1, 1998. Designates subjects for continuing education, and authorizes county auditors who are licensed or certified by other specified entities to apply continuing education for license or certificate renewal to satisfy continuing education requirements of the bill. Augments the qualification requiring possession of a baccalaureate degree from an accredited university, college, or other 4-year institution, to additionally require that the person has served within the previous 5 years in a senior fiscal management position in a county, city, or other public agency, private firm, or nonprofit organization dealing with similar fiscal responsibilities, for a continuous period of not less than 3 years.
Chapter 381, Statutes of 1997
SB 228 (Kelley-R) Local government reorganization
Increases the election trigger from 10% to 25% for districts with residents of 300 or below to force an election on a local agency formation commission-initiated multi-district boundary change. Allows changes in the number of members on the board of directors in consolidations of community services districts.
Chapter 70, Statutes of 1997
SB 248 (Watson-D) Fictitious business names: fees
Permits a county board of supervisors to increase the $10 county fictitious business name filing fee by up to an additional $10 for county consumer or business protection programs.
(On Assembly Inactive File)
SB 275 (Kopp-I) Redevelopment
Makes various changes to existing community redevelopment law in order to increase the oversight of redevelopment agencies by addressing redevelopment agencies' reporting and notification requirements. Provides that it is the intent of the Legislature to prevent real estate speculation in property acquired from a redevelopment agency. Requires redevelopment agencies to obligate purchasers of property in a redevelopment project to comply with certain conditions and restrictions in order to prevent excess profit-taking in undeveloped land.
Chapter 565, Statutes of 1997
SB 303 (Burton-D) Property tax revenue allocations
Limits, for the 1997-98 fiscal year only, the allocation of Educational Revenue Augmentation Fund (ERAF) moneys to the county superintendent of schools for the funding of special education programs to $4,000,000. Requires that any remaining excess moneys be allocated as follows: the first 14% to the county superintendent of schools and the remainder among the county, cities, and special districts, prior to any allocation of those remaining funds to the county superintendent of schools for the funding of special education programs.
Vetoed by the Governor
SB 320 (Senate Housing and Land Use Committee) Housing and Land Use Omnibus Act of 1997
Enacts the Housing and Land Use Omnibus Act of 1997, which contains 29 relatively minor, noncontroversial, statutory changes relating to housing land use and redevelopment topics and specific base closures into a single measure.
Chapter 580, Statutes of 1997
Similar legislation is SB 258 (Lee-D), which is in the Assembly Housing and Community Development Committee.
SB 325 (Maddy-R) Vehicle License Fee Law: graffiti removal standards
Requires the Director of Transportation, 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 Transportation that a city, county, or city and county has failed for that month to comply with these graffiti removal standards, to postpone for 1 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.
(In Senate Local Government Committee)
SB 348 (Thompson-D) Advance state payments to counties
Makes changes in several laws affecting local government and the state, including increasing the number of counties eligible to receive advance payments of state funds. Authorizes the Camp Meeker Recreation and Park District to provide sewer services under the County Water District Act. Specifies that the Mendocino County Waterworks District #2 shall use all-mailed ballots for election of directors. Declares that the distribution of fines, fees, forfeitures and penalties in El Dorado, Marin, Napa, and Tulare counties for 1991-92 to 1995-96 shall be deemed correct. Requires the State Department of General Services' lease with Napa County State Hospital be for the purpose of establishing an independent living facility for persons with mental illness.
Vetoed by the Governor
SB 357 (Rainey-R) Municipal utility districts: competitive bid contracts
Permits the East Bay Municipal Utility District board to delegate power to determine and award contracts to low bidders to its general manager. Raises the current bid threshold requirements for preparation of a formal bid package for supplies and materials for municipal utility districts. Requires that when acting for the board, the general manager notify the board of the action taken.
Chapter 313, Statutes of 1997
SB 372 (Peace-D) San Diego Unified Port District: contracts
Establishes a formal bidding procedure for the San Diego Unified Port District and requires the district to adopt policies and procedures, including bidding regulations, governing the procurement of supplies and equipment. Requires that all contracts issued or entered into by the district be governed by specified sections of the Public Contract Code.
Chapter 118, Statutes of 1997
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.
(Failed passage on Senate Floor; placed on Senate Inactive File)
SB 431* (Lee-D) Local libraries: property tax revenue
Specifies when a county free library need not contribute to the Educational Revenue Augmentation Fund.
Chapter 786, Statutes of 1997
SB 451 (Watson-D) Land use: general plans: environmental equity
Requires that the land use element of a city or county general plan provide for the general location of commercial and industrial uses that are regulated due to the handling of hazardous materials in order to avoid concentrating these uses in close proximity to schools or residential communities and to provide for the fair treatment of people, regardless of race, culture, and income level.
Vetoed by the Governor
SB 460 (Kelley-R) Local health care districts
Allows a local health care district to transfer its assets, at fair market value, to any corporation. Provides if the transfer is done "in the absence of adequate consideration," (less than fair market value), transfer of district assets is limited to a non-profit corporation only. Allows a district to lease its assets to any corporation following procedures in existing law.
(In Senate Local Government Committee)
SB 466 (Rainey-R) Local agencies
Lengthens the time and changes the process for a county and a city to negotiate a property tax sharing agreement before an annexation application is accepted by the local area formation commission (LAFCO). Authorizes the annexation of state prison lands to the City of Tehachapi.
Chapter 692, Statutes of 1997
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) Transferring, leasing and dissolving public hospitals
Requires the dissolution of a county hospital and a transfer of 50% or more of county hospital assets to be subject to voter approval. Requires a lease of 50% or more of operation of the county hospital or involving 50% or more of a county hospital assets, to be approved by a majority of the voters.
(In Assembly Health Committee)
SB 488 (Lee-D) Transfer of redevelopment housing funds
Revises conditions under which a redevelopment agency can transfer money from its Low and Moderate Income Housing Fund (L&M Fund) to another jurisdiction.
(In Assembly Housing and Community Development Committee)
SB 531* (Polanco-D) Local Transportation Fund: Los Angeles County
Authorizes the transfer of up to $60 million of county transportation funds to the general fund of Los Angeles County. Becomes operative when a court of appellate jurisdiction renders a final determination invalidating the transfer made under SB 727 (Polanco) of 1995, Chapter 518, Statutes of 1995.
Chapter 123, Statutes of 1997
SB 562 (Alpert-D) Subdivision Map Act: housing: security
Requires local governments to release letters of credit by subdividers upon completion of and acceptance of improvements or conditions required by local governments.
Chapter 124, Statutes of 1997
SB 563 (Brulte-R) Local safety officers: health benefits
Requires local governments to provide health benefits to the surviving spouse and minor dependents of firefighters and peace officers who died in the line of duty prior to September 30, 1996. Requires health benefits to be provided under the same terms and conditions provided prior to the death of the firefighter or peace officer.
Chapter 193, Statutes of 1997
SB 566 (Thompson-D) Local government: capital investment incentive payments
Authorizes local agencies to provide a capital investment incentive to qualified manufacturing facilities. The capital investment incentive would provide a property tax rebate on all real and personal property invested that exceeds $150 million for up to 15 years.
Chapter 616, Statutes of 1997
SB 573 (Johnson-R) City of Newport Beach: tide and submerged lands
Makes enhancements to the terms and conditions of the Legislature's grant of tide and submerged lands to the City of Newport Beach.
Chapter 317, Statutes of 1997
SB 576 (Lee-D) Redevelopment agencies: reporting requirements
Revises redevelopment agencies' annual reporting deadlines and penalties for failure to file financial reports. Implements recommendations of the Task Force on Redevelopment Agencies' Affordable Housing Reports.
Vetoed by the Governor
SB 594* (Wright-R) Property taxation: transfer of base year value
Extends the number of years from 3 to 5 for Northridge earthquake victims to acquire or construct replacement property within the same county while receiving a base year value transfer. Applies to both intra- and inter-county transfers.
Chapter 353, Statutes of 1997
SB 626 (Karnette-D) Vehicles: parking: local authorities
Authorizes local authorities to issue preferential parking permits on local streets for teachers and members of other professions if the use of permits does not adversely affect parking for residents and merchants.
Chapter 343, Statutes of 1997
SB 637 (Calderon-D) Land use: housing elements
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; reconsideration granted)
SB 651* (Wright-R) Mental health: realignment
Provides technical changes to current law regarding mental health realignment which meets concerns of the State Department of Mental Health.
Chapter 484, Statutes of 1997
SB 691* (Senate Local Government Committee) First Validating Act of 1997
Enacts the First Validating Act of 1997, validating the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities.
Chapter 126, Statutes of 1997
SB 692* (Senate Local Government Committee) Second Validating Act of 1997
Enacts the Second Validating Act of 1997, validating the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities.
Chapter 485, Statutes of 1997
SB 693 (Senate Local Government Committee) Third Validating Act of 1997
Enacts the Third Validating Act of 1997, validating the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities.
Chapter 486, Statutes of 1997
SB 712 (Haynes-R) Local government reorganization
Revises the situations in which voters may sign a protest petition to trigger an election if the local agency formation commission recommends certain types of changes and reorganizations. Revises the area within which the election is to be held.
Chapter 863, Statutes of 1997
SB 744 (Hughes-D) Local Agency Public Construction Act
Increases the annual maximum contract amount that a county board of supervisors may award for county job order contracts from $1 million to $3 million.
Chapter 431, Statutes of 1997
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, which bonds will finance the California Infrastructure and Economic Development Bank.
(In Senate Appropriations Committee)
SB 850 (Kelley-R) Local agency joint powers agreement
Allows nonprofit hospitals in Tulare and Kings counties to enter into a joint powers agreement with any public agency. Allows a non-profit hospital in San Diego County to enter into a joint powers agreement with any public agency.
Chapter 432, Statutes of 1997
SB 854* (O'Connell-D) Property tax revenue allocations
Exempts single-county transit districts from shifting property tax revenues to the educational revenue augmentation fund under the 1992-93 formula.
(In Senate Appropriations Committee)
SB 867 (Lee-D) Extraordinary property tax rates for pension programs
Authorizes a county to impose additional property taxes with 2/3 voter approval to make payments to pension programs approved by voters before July 1, 1978.
(Failed passage on Assembly Floor; awaiting reconsideration)
SB 874 (Calderon-D) Public works projects
Requires public agencies which use their own work force to calculate construction and labor costs in accordance with uniform cost accounting procedures and sets a $5,000 force account limit for joint powers agreement works and improvements not subject to other limits.
(In Senate Appropriations Committee)
SB 878 (Karnette-D) Solid waste: diversion requirements: waste to energy credit
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 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, including that the waste to energy credit results from utilization of only the facilities in the City of Commerce, the City of Long Beach, and the County of Stanislaus, as permitted by the board and as operational on or before January 1, 1990.
(In Senate Environmental Qualilty Committee)
SB 880* (Craven-R) Local government finance: property tax revenue allocation
Expresses legislative intent that Educational Revenue Augmentation Fund (ERAF) transfers be frozen at the 1996-97 level, and that the transfers be eliminated over a 10-year period.
(On Assembly Inactive File)
NOTE: A coalition of local agencies, builders, developers, realtors and taxpayer advocates want to return property tax revenues to local agencies by capping local agencies' ERAF contributions and gradually eliminate the shift of property tax revenues from counties, cities, and special districts to ERAF.
Other pending legislation on the issue includes the following:
SB 854*(O'Connell-D), which is in Senate Appropriations Committee.
SB 889*(Hayden-D), which is Senate Local Government Committee.
SB 1294 (Leslie-R), which is in Senate Appropriations Committee.
AB 1* (Aguiar-R), which is in Assembly Local Government Committee.
AB 95*(Sweeney-D), which is in Senate Appropriations Committee.
AB 393*(Richter-R), which failed passage in Assembly Local Government Committee; reconsideration granted.
AB 864 (Thomson-D), which is in Senate Appropriations Committee.
AB 1349 (Kaloogian-R), which is in Assembly Local Government Committee.
ACA 4 (Aguiar-R), which failed passage in Senate Local Government Committee; reconsideration granted.)
SB 883 (Senate Local Government Committee) Local Government Omnibus Act of 1997
Enacts the Local Government Omnibus Act of 1997, and makes changes to local government laws.
Chapter 489, Statutes of 1997
SB 888* (Costa-D) Neighborhood development corporations
Establishes authority for the State Department of Community Services and Development to charter up to 30 neighborhood development corporations, to be formed in distressed neighborhoods for specific purposes and goals. Provides annual grants of $75,000 for each charter and provides additional financial rewards to corporations that achieve improvement in measures of poverty, crime, school performance, and other areas.
(In Senate Appropriations 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 10-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 10-mile radius. Requires each county hazardous waste management plan approved by the State Department of Toxic Substances Control (DTSC) to be reviewed and updated by January 1, 1999, and at least every 5 years thereafter, to ensure that the plan achieves environmental equity goals based on regulations that must be adopted by DTSC. Establishes requirements for DTSC environmental equity regulations. Prohibits DTSC from approving county hazardous waste management plans submitted and not approved by January 1, 1998, unless DTSC finds them to comply with the environmental equity goal regulations.
(In Senate Environmental Quality Committee)
SB 908 (Lee-D) Alameda-Contra Costa Transit District: special taxes
Allows the Alameda-Contra Costa Transit District to impose a special tax, within the boundaries of a city or contiguous cities in the district, with 2/3 voter approval.
Chapter 433, Statutes of 2997
SB 909 (Lee-D) Neighborhood Family Services Organization Act
Establishes the Neighborhood Family Services Organization Act, to institute 6 pilot neighborhood family service organizations in selected inner city communities. Declares the purpose of the act is to consolidate and improve the quality of health, education, public safety, economic, and other programs within these communities, and sets forth requisite characteristics of the programs in question.
(In Senate Health and Human Services Committee)
SB 919* (Rainey-R) Local government taxes, fees, assessments, and charges
Enacts the Proposition 218 Omnibus Implementation Act, which prescribes definitions and implementation provisions of Proposition 218 relating to imposition of taxes, assessments and property-related fees and charges. Specifies how the constitutional requirements apply to ongoing annual assessments, with specified exceptions.
Chapter 38, Statutes of 1997
SB 927 (Ayala-D) Land use: moratoria ordinances
Authorizes local governments to adopt additional interim ordinances on the same piece of property, if those interim ordinances are based on a different set of circumstances, events or occurrences other than the original set of circumstances, events or occurrences. Specifies that this change is retroactive to any ordinance in effect on or before April 14, 1997.
Chapter 129, Statutes of 1997
SB 968 (Knight-R) Booking fees
Requires a county imposing a booking fee to require the arrested person to pay the fee at the time of his or her release on his or her own recognizance or as a condition of release on bail. Requires refund of the fee to the person if he or she 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, in which case the arresting agency would be required to pay the fee to the county.
(In Senate Public Safety Committee)
SB 994 (Johnson-R) Local agency contracts: eligibility
Declares that suspension and revocation of contractors' licenses is a matter of statewide concern because those activities are the primary task of the State Contractors' State License Board (CSLB). Finds and declares that CSLB procedures are the exclusive means by which actions may be taken regarding the license of a contractor and that CSLB 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.
(In Senate Local Government Committee)
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. Includes findings and declarations of the Legislature relating to the secondary effects of sexually oriented businesses on communities.
(In Senate Judiciary Committee)
SB 1100* (Solis-D) Libraries
Authorizes local municipalities to request a waiver from the State Librarian for "maintenance of effort" in continued funding of public libraries in their jurisdiction, by demonstrating that any percentage reduction in local revenues appropriated for the library is no greater than any percentage reduction in revenues to the local municipalities as a result of Proposition 218, "The Right to Vote on Taxes Act", approved by the voters on November 5, 1996.
Chapter 435, Statutes of 1997
SB 1156 (Costa-D) Multi-family rental housing
Enacts the Affordable Rental Housing Supply Act of 1997, to prohibit cities and counties from adopting zoning ordinances or development regulations that make multi-family rental housing infeasible. Applies those restrictions to pre-1998 regulations at the time the housing element of the general plan is next reviewed.
(In Assembly Housing and Community Development Committee)
SB 1159 (Schiff-D) Governmental tort liability
Provides that, until January 1, 2000, members of a locally elected town council established by members of boards of supervisors to advise the board, as specified, are not vicariously liable for injuries caused by acts or omissions of the board.
Chapter 132, Statutes of 1997
SB 1190 (Hayden-D) Trees: protection and planting: city or county ordinances
Requires local governments to adopt ordinances designed to realize the benefit of trees which encourage conservation of energy, reverse global warming, abate pollution, and enhance the visual environment and community pride.
(In Assembly Local Government Committee)
SB 1200 (Rosenthal-D) Corporations: merger
Provides that a surviving corporation in a merger shall succeed, without paying any local governmental transfer fee, to all rights and property of each of the disappearing corporations, including all licenses, permits, registrations and other entitlements granted by any local governmental agency.
(In Assembly Banking and Finance Committee)
SB 1215* (Burton-D) San Francisco filled tidelands
Makes changes to the Mission Bay settlement legislation of 1991, including adding certain Western Pacific Property within the initial settlement. Imposes cancellation on any sale or exchange of land involving that property, including a conveyance to the University of California.
Chapter 203, Statutes of 1997
SB 1247* (Hayden-D) South Coast Air Quality Management District
Requires the South Coast Air Quality Management District (SCAQMD) to include in specified forecasts, reports, and notifications information regarding levels of particulate matter 2.5 microns (PM 2.5) or larger that exceed a certain concentration. Requires SCAQMD to revise its 1997 air quality management plan and include in any subsequent plan provisions to achieve compliance with the proposed Environmental Protection Agency standard for PM 2.5 by 2002, and to establish a target date for reducing the premature deaths estimated to be caused by particulate matter in the greater Los Angeles area.
(In Senate Environmental Quality Committee)
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 the 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; placed on Senate Inactive File)
SB 1287 (Calderon-D) Mello-Roos investments and local agency finance
Repeals the specified list of investments in which Mello-Roos proceeds are required to be deposited, and instead authorizes these funds to be deposited or invested in 1or more of the instruments, securities, or obligations that are eligible legal investments of the local agency that created the community facilities district.
Chapter 204, Statutes of 1997
SB 1310 (Johnson-R) Local sales and use taxes: optional rate
Allows any city, county, or city and county to adopt an ordinance, subject to a 2/3 vote of its governing body and a majority vote of its electors, that would impose a 1% local sales and use tax in lieu of an equivalent state General Fund sales and use tax. The local tax would be phased in over a 5-year period at a rate of 0.2% per year.
(In Senate Revenue and Taxation Committee)
SB 1345 (Hughes-D) Redevelopment: economic project sites
Increases, until 2006, the allocation of vehicle license fee revenue for the City of Lynwood, equal to 5% of the increased taxable sales on specific parcels within the city. The funds would be available to make loans and grants to businesses which are or would be located on the parcels. Permits no more than 20% of the increased allocation to be spent on administration. Eliminates the Educational Revenue Augmentation Fund contribution by the city.
(In Senate Appropriations Committee)
SB 3X (Lee-D) Land use: planning: Office of Planning and Research
Requires the Office of Planning and Research to coordinate and assist 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.
(In Senate Housing and Land Use Committee)
AB 3 (Baca-D) Local Agency Military Base Recovery Areas
Expands the Local Agency Military Base Recovery Area (LAMBRA) by:
- Allowing 5 additional LAMBRAs;
- Extending the designation period;
- Extending the application period, and
- Conforming to specified Enterprise Zone program provisions.
(Failed passage in Senate Revenue and Taxation Committee; reconsideration granted)
AB 55 (Mazzoni-D) Counties: officers: appointment
Specifies that the Board of Supervisors of Marin County may appoint a county registrar of voters.
Chapter 717, Statutes of 1997
AB 62 (McClintock-R) Local government organization
Establishes rules and procedures or special reorganizations, election requirements for special reorganization, as well as the duties of the conducting authority with respect to a special reorganization. Establishes the Special Commission on City Boundaries and sets forth the membership and duties of the commission. Affirms that a reorganization will not jeopardize any existing collective bargaining agreement or the standing of existing employees and employee organizations.
Chapter 911, Statutes of 1997
Similar legislation is AB 303 (Runner-R), Chapter 164, Statutes of 1997, AB 1414 (Cardenas-D), which is in Senate Local Government Committee, AB 1484 (Hertzberg-D), Chapter 943, Statutes of 1997, and SB 176 (Lockyer-D), which is in Senate Appropriations Committee
AB 95* (Sweeney-D) Local agencies' property tax shifts
States the Legislature's intent to limit the amount of property tax revenues that cities, counties and special districts shift to the Educational Revenue Augmentation Fund (ERAF) to the amounts shifted in 1996-97. Expresses the Legislature's intent to reduce local agencies' ERAF shifts by 10% per year until no shifts occur and provides a formula, with unspecified amounts, for these reductions. Requires the State Department of Finance to ensure that this bill's provisions do not have a net fiscal impact on educational entities.
(In Senate Appropriations Committee)
AB 125 (Pacheco-R) Building standards: County of Riverside
Allows more time for buildings located within March Air Force Base to gradually comply with state and local building requirements.
Chapter 633, Statutes of 1997
AB 128 (Morrow-R) Booking fees
Provides that in any county where a booking fee is imposed, a local agency may petition the court in which the arrested person is arraigned to collect a deposit from the arrested person for the amount of the fee. Specifies the procedures for the petition and the collection of the fee.
(In Senate Public Safety Committee)
AB 146 (Havice-D) Audit of Proposition 172 public safety expenditures
Requires the Bureau of State Audits to audit expenditures made in the 1996-97 fiscal year of three cities and 3 counties to determine how Proposition 172 (1/2 cent sales tax increase) revenues were actually expended.
(In Senate Local Government Committee)
AB 179 (Bowen-D) Public records
Requires public agencies to provide a copy of an electronic record, if requested, and makes other changes related to the Public Records Act including:
- Clarifies that an elected member or officer of any state or local agency is entitled to access to public records of that agency on the same basis as any other person.
- Specifies that only persons who have requested public records in writing, and whose request has been denied by an agency or was not addressed in time, may institute proceedings for injunctive or declaratory relief or writ of mandate in any court.
- Reorganizes and recodes various public records disclosure requirements.
Vetoed by the Governor
AB 229 (Battin-R) Marks-Roos Local Bond Pooling Act of 1985
Makes legislative findings and declarations relating to the benefits of allowing participation by federally recognized Indian tribes in bond pooling agreements and similar revenue bond sharing programs for public capital improvements. Authorizes a joint powers authority to contract with a federally recognized Indian tribe for any purpose otherwise authorized by the act, for which the authority may make an agreement with a local agency. Provides that any conditions or restrictions that apply to an agreement between an authority and a local agency pursuant to the act will also apply to a contract between an authority and a federally recognized Indian tribe. Prohibits the use of funds raised under the act to build gambling casinos.
(In Senate Local Government Committee)
AB 270 (Torlakson-D) Local Agency Formation Commissions
Requires the local agency formation commission in each county to establish the schedule of fees for costs of various proceedings relating to changes of organization and reorganization of cities and special districts within the county. Requires the commission, prior to transmitting the annual estimate of its monetary needs to the board of supervisors, to review the fees and take all feasible action to maximize the fees. Requires the commission to distribute to the city selection committee and the independent special district selection committee its proposed budget and proposed schedule of fees and to consider its financial needs on a biennial basis. Requires the county auditor to apportion the net operating expenses of the commission according to a prescribed formula, and requires the entities represented on the commission to pay a portion of the commission expenses.
(In Senate Local Government Committee)
AB 296 (Vincent-D) Traffic signs for alleys
Authorizes local authorities to place signs, mirrors, or other visual or audible devices at exits from alleys that are under their jurisdiction to warn drivers to watch for pedestrians and bicyclists on the sidewalk prior to exiting the alley. Makes declarations and findings regarding alleys that lead to blind intersections and the potential safety hazards to both drivers and pedestrians.
Chapter 150, Statutes of 1997
AB 303 (Runner-R) Los Angeles County Division Commission
Creates a local agency known as the Los Angeles County Division Authority to research the current fiscal health and service delivery capability of the County of Los Angeles to determine if the division of the county into 2 or more smaller counties would result in enhanced services, and whether or not the division would be detrimental to the fiscal health and efficiency of service delivery of any territory affected by the division.
Chapter 164, Statutes of 1997
Similar legislation is AB 62 (McClintock-R), Chapter 911, Statutes of 1997, AB 1414 (Cardenas-D), which is in Senate Local Government Committee, AB 1484 (Hertzberg-D), Chapter 943, Statutes of 1997, and SB 176 (Lockyer-D), which is in Senate Appropriations Committee.
AB 311 (Granlund-R) Local agencies: financial report: deadline
Extends the time within which a local agency that files its annual financial report in the electronic format, as prescribed by the Controller, from 90 days to 110 days after the close of the fiscal year.
Chapter 165, Statutes of 1997
AB 334* (Wildman-D) Sales and use taxes: local public safety services
Changes the allocation of Proposition 172 public safety sales tax revenue in Los Angeles County, if AB 339 (Takasugi-R) is enacted. Specifies, under this bill, each city in Los Angeles County and the county would get the same percentage of the sales tax revenue that it received in 1995-96. States that the 1996-97 allocation would be corrected in specified installments through September 30, 1998.
Chapter 217, Statutes of 1997
AB 339* (Takasugi-R) Sales and use taxes: local public safety services
Modifies the allocation of Proposition 172's 1/2 cent sales tax revenues to counties and cities. Requires counties to make retroactive increases in city allocations.
Chapter 166, Statutes of 1997
AB 393* (Richter-R) Property tax revenue allocations: "Frontier County" relief
Decreases, for the 1997-98 fiscal year and each fiscal year thereafter, in each "frontier county," as defined in a specified statute, the reduction and transfer amount of the county and each city and special district, by the excess of that amount over the amount allocated to the relevant local agency from a specified county public safety fund. Makes legislative findings and declarations as to the necessity for a special statute.
(Failed passage in Assembly Local Government Committee; reconsideration granted)
AB 408 (Morrow-R) Proposition 172 funds for the City of San Clemente
Defines the base year as the 1993-94 fiscal year for purposes of determining the public safety services allocations to be made to the City of San Clemente, and provides that the change be applied beginning with funds from 1995-96.
Vetoed by the Governor
AB 433 (Hertzberg-D) County investigators
Allows county auditor-controllers and finance directors specified access to financial information when investigating fraud against the county. Provides these county employees, who are not peace officers, the ability to exercise specified and limited powers of peace officers which includes the power to serve warrants, and access to summary history criminal information.
Chapter 170, Statutes of 1997
AB 438 (Torlakson-D) Adequate housing sites and regional housing needs
Reinstates the requirement that planning agencies provide an annual report to the State Department of Housing and Community Development at no cost to the local agency. Extends the deadline for cities and counties to revise their housing elements. Allows cities and counties to count rehabilitated housing units that are made available to low- and very low-income households due to committed assistance if they satisfy specified criteria. Defines "substantial rehabilitation, committed assistance, and affordable housing costs."
(In Senate Housing and Land Use Committee)
AB 464 (Richter-R) County Director of Transportation's contracting authority
Extends existing provisions relating to authorization of work on county highways to counties that have abolished the office of road commissioner in compliance with existing law, where the work is under the supervision or direction of a registered civil engineer under the direction of the county director of transportation. Makes technical changes to existing law.
Chapter 214, Statutes of 1997
AB 472 (Cardoza-D) Negative bailout counties' property tax allocations
Finds that 52 of the state's 58 counties lost money or were subject to a negative sum as a result of the 1979 "bail out" formula. Declares that circumstances that were valid in 1979 do not justify the continuation of the negative sum formula, and that counties subject to the negative sum formula not only continue to lose money, but their losses increase each year. Finds and declares that no further increase in the negative sum computed for those counties should be required.
Vetoed by the Governor
AB 473 (Oller-R) Heather Glen Community Services District
Specifies additional powers for the Heather Glen Community Services District in Placer County and states the reasons necessitating a special law. Gives the district management powers governing a mobilehome subdivision. Authorizes the district to adopt and enforce certain regulations that limit residency based on age requirements for housing for older persons, provided that the regulations comply with the federal Fair Housing Act.
(In Senate Housing and Land Use Committee)
AB 495 (Ashburn-R) County sheriffs: search and rescue costs: reimbursement
Repeals existing provisions requiring reimbursement of search and rescue expenses. Provides that, if pursuant to existing law, the sheriff of a county or city and county searches for or rescues any person who is a nonresident of that county or city and county, the state shall pay to the county or city and county conducting the search or rescue, all reasonable expenses of the search or rescue in excess of $100, but not to exceed $25,000 within 60 days after the submission to the Controller of a claim therefor by the county or city and county conducting the search or rescue. Authorizes the Controller to promulgate guidelines and develop forms necessary for filing of claims. Authorizes the state to seek reimbursement from a resident who is searched for or rescued, upon receipt of a claim from a county or city and county for the expenses incurred in the search or rescue.
(In Assembly Appropriations Committee)
AB 514 (Aroner-D) Parks and recreation: regional districts
Makes specific reference to the general manager of a district and the board of directors instead of the general reference to an appointing authority to clarify the duties imposed upon the secretary of the board, the administrative secretary, or the clerk, as the case may be.
(In Senate Local Government Committee)
AB 517 (Cunneen-R) Santa Clara County Transit District
Authorizes the Santa Clara County Transit District to purchase specialized electronic equipment and specialized rail transit equipment through competitive negotiation rather than competitive bid.
Chapter 171, Statutes of 1997
AB 556 (Pringle-R) Orange County Special District Efficiency Act
Enacts the Orange County Special District Efficiency Act. Requires the local agency formation commission in Orange County, in accordance with the Cortese-Knox Local Government Reorganization Act of 1985 except as otherwise provided, to initiate changes of organization that result in the combination of prescribed local agencies, except that the bill would authorize the commission to make modifications to the combinations proposed in the bill, and to initiate any additional or alternative changes of organization. Requires the commission to complete proceedings for at least 4 combinations not later than December 31, 1998, and for any remaining combinations not later than June 30, 1999. Prohibits affected cities and districts from collecting signatures for a protest petition and from using public funds for the purpose of collecting signatures for a protest petition or undertaking any campaign advocating or opposing any combination proposed pursuant to the bill or for any other campaign purpose.
(Failed passage in Senate Local Government Committee; reconsideration granted)
AB 558 (Miller-R) Public works
Allows local governments to participate in the state's Energy Efficiency Revenue Bond Program.
Chapter 234, Statutes of 1997
AB 575 (Richter-R) Voters in resort improvement
Changes the definition of "voter" in resort improvement district law from a landowner to a registered voter that lives in the district. Requires district board of directors to be registered voters. Allows current district directors to serve the remainder of their 4-year term of office, and requires the first general election to be held after January 1, 1998.
Chapter 140, Statutes of 1997
AB 597 (McClintock-R) Department of Finance: local accounting procedures
Makes legislative findings and declarations that many local governments do not have an adequate understanding of how much the governments spend to provide services to the public, because their accounting procedure, known as "fund accounting," does not identify all the costs of local government program implementation. Makes findings and declarations identifying "full cost accounting," as an alternative procedure, which identifies the total costs of delivering a service to the public, and declares the potential benefits of using the full cost accounting system. Requires the State Department of Finance (DOF) 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 DOF to convene a full cost accounting advisory committee to assist in developing this report, and specifies membership of the committee.
(In Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)
AB 637 (Alby-R) Municipal utility districts
Adds to the list of exemptions from local agency formation commission (LAFCO) approval, the provision of electric services by a local publicly owned electric utility, which does not involve the acquisition, construction, or installation of electric distribution facilities by the utility outside of its jurisdictional boundaries.
Chapter 175, Statutes of 1997
AB 661* (Brewer-R) Property tax shift: counties
Establishes that each county government shall be allocated a minimum of 23% of property taxes collected in the county for 1997-98. Establishes that each county government shall be allocated a fixed, but yet unspecified, percentage of property taxes collected in the county in the fiscal year 2002-03 and thereafter. Establishes that the percentage of property taxes allocated to a county in the years between 1997-98 and 2002-03 shall transition upward or downward in equal percentage steps. Specifies that a board of supervisors would be authorized to move the date of implementation of the fixed percentage to any fiscal year between, but not including, 1997-98 and 2002-03.
(Failed passage in Assembly Local Government Committee; reconsideration granted)
AB 663 (Ortiz-D) Public Health Contingency Fund: local funding assistance
Creates the Public Health Contingency Fund (Fund) to provide counties with the necessary resources to provide "basic health protection services," including disease reporting, investigation, surveillance, laboratory analysis, and prevention education to the public. Requires moneys in the Fund to be appropriated by the Legislature. Requires State Department of Health Services (DHS), in consultation with the California Conference of Local Health Officers, to develop public health capacity standards to evaluate a county's disease control capability, and requires DHS to use those standards to evaluate a county's disease control capability. Provides that a county failing the evaluation is eligible, based on demonstration of financial need, to receive funds from the Fund to meet basic health protection capacity standards. Requires eligible counties to provide matching funds to maintain eligibility.
(In Senate Appropriations Committee)
AB 683 (Morrow-R) Public works contracts: change orders
Increases authority of local officials to approve change orders to construction contracts which exceed $250,000.
Chapter 215, Statutes of 1997
AB 692 (Morrow-R) San Diego County Water Authority's Governing Board
Makes several changes and additions to the County Water Authority Act of 1943 in the areas of: voting, total financial contribution, board actions and military reservations. Makes several conforming changes to these alterations and provides a local cost disclaimer.
Chapter 368, Statutes of 1997
AB 693 (Pringle-R) Local government reorganization
Provides that a proposal for the consolidation of 2 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 shall complete all remaining necessary procedures for consolidation of the districts within 1 year of the election.
(In Assembly Local Government Committee)
AB 694 (Pringle-R) Local government organization
Makes substantial changes in the local agency formation commissions process (Cortese-Knox Local Government Reorganization Act of 1985).
(Retained in Assembly Local Government Committee; subject matter referred to Assembly Rules Committee)
AB 699 (Migden-D) Redevelopment: Treasure Island Conversion Act of 1997
Establishes the Treasure Island Conversion Act of 1997 which authorizes San Francisco's Board of Supervisors to designate the Treasure Island Development Authority as the redevelopment agency for defined property on both Treasure Island and Yerba Buena Island.
Chapter 898, Statutes of 1997
AB 701 (Caldera-D) Taxation: disclosure: charter cities
Permits the State Franchise Tax Board (FTB) to provide the taxing authority of a charter city tax information on business taxpayers located within that city, limited to the name, address, social security number and business activity code. Specifies that for authors and artists, the address would not be provided by FTB until 90 days passed since it notified the taxpayer that the taxpayer has to contact the city and fails to do so. Specifies the information would be available only to tax officials of the charter city designated as senior supervisory level or above.
Vetoed by the Governor
AB 719* (Torlakson-D) State-County Property Tax Administration Program
Extends the sunset for the state program that provides loans/grants to counties for administration of the county property tax collection program.
Chapter 420, Statutes of 1997
AB 726 (Baugh-R) Sexually oriented businesses: local regulation
Gives cities and counties maximum authority under current case law to regulate adult businesses.
(In Assembly Public Safety Committee)
AB 769 (Baugh-R) Orange County Sanitation District: formation
Prescribes the membership of the governing board of the Orange County Sanitation District to reflect a proposed formal consolidation of the 9 Orange County Sanitation Districts into a single district, and specifies composition and organization of its governing board.
Chapter 51, Statutes of 1997
AB 788 (Thomson-D) Special districts and reclamation district treasurers
Designates the county treasurer as ex officio treasurer of a reclamation district unless the board, by resolution, and with written consent of the county treasurer, appoints a district treasurer. Sets forth procedures to be followed if the resolution to appoint a district treasurer is adopted.
Chapter 246, Statutes of 1997
AB 799 (Bowler-R) Oil spill contingency plans: grants
Amends the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act of 1990 to include the Ports of Stockton and Sacramento within the definition of "marine water," thereby making those ports eligible to receive grants from the Oil Spill Prevention and Administration Fund for the purpose of preparing oil spill contingency plans.
Chapter 399, Statutes of 1997
AB 820 (Brewer-R) Local government operations: videotape retention
Reduces the time that a local government or special district may destroy recordings of "routine video monitoring" from 2 years to 1 year. Extends the time that a local government department or special district may destroy recordings of telephone and radio communications maintained by the department or special district from 100 days to 6 months, unless there is a current claim or pending litigation.
Chapter 264, Statutes of 1997
AB 836 (Sweeney-D) Transactions and use taxes: administrative cost recovery
Limits the State Board of Equalization (BOE) tax administration cost charges to special taxing districts to 1.5% of the revenue generated in the special taxing district by the BOE-administered tax. Requires the board to report on March 1, 1998, and January 1, 1999, to the budget committees of each house of the Legislature on the actions the board will make to adjust its costs commensurate with the reduced reimbursements provided by the bill.
(On Senate Inactive File)
AB 864 (Thomson-D) Property tax revenue allocations: Yolo County
Limits Yolo County's property tax shift to the Educational Revenue Augmentation Fund (ERAF). 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 ERAF shift.
(In Senate Appropriations Committee)
AB 871 (Wayne-D) Redevelopment: hazardous substances cleanup
Extends existing immunity whereby a redevelopment agency that undertakes and completes an action to remedy or remove a release of hazardous substances on, under, or from a redevelopment project area is not liable for that release, to the redevelopment agency where the agency approves an owner-participation agreement requiring that action by the owner-participant.
(In Assembly Environmental Safety and Toxic Materials Committee)
AB 874* (Takasugi-R) Government finance
Provides, under the Marks-Roos Local Bond Pooling Act of 1985, that no member of the governing body of the authority shall be personally liable on bonds or subject to personal liability or accountability by reason of the issuance of bonds.
Chapter 920, Statutes of 1997
AB 922 (Battin-R) TEA formula: district merger
Eliminates the "maintenance of tax effort" requirement for "no and low" property tax cities under certain circumstances, and revises property tax allocations among the County of Riverside, the City of Rancho Mirage and a new community services district.
Chapter 835, Statutes of 1997
AB 923 (McClintock-R) Dissolution of redevelopment agencies
Requires that all redevelopment agencies be dissolved and that local governments assume the redevelopment agency's responsibilities. Requires the outstanding financial obligations of the agencies would be completed by the city or county under the direct supervision of the State Controller. Prohibits redevelopment funds from being expended for construction activity on or after January 1, 2001.
(In Assembly Housing and Community Development Committee)
AB 927* (Thompson-R) Withdrawals from the Riverside County Free Library System
Requires the County of Riverside to transfer back to the city or library jurisdiction that is withdrawing from the Riverside County free library system, its portion of the property tax proceeds and personal and real property used by the county free library system within the jurisdiction. Provides that no reimbursement is required because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by the county.
Chapter 248, Statutes of 1997
AB 934 (Baldwin-R) Local agency relief: revenues and new construction
Modifies property tax revenue allocations and transfer to the Educational Revenue Augmentation Fund (ERAF) provisions by requiring a 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 ERAF by an amount that is 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," for the 1998-99 fiscal year or any fiscal year thereafter. Requires any ad valorem property tax revenues that are not allocated to the county's ERAF as a result of this reduction to instead be allocated among the county, and the cities and special districts, in proportion to those reduction and transfer amounts that otherwise apply to those local agencies in the relevant fiscal year.
(In Assembly Local Government Committee)
AB 940 (Miller-R) Public works: contracts: retention proceeds
Limits contract retention payments withheld by a local or state agency from a contractor to 5%.
Vetoed by the Governor
AB 941 (Miller-R) Joint powers: pooling of low- and moderate-income funds
Allows redevelopment agencies to transfer some of their Low and Moderate Income Housing Funds to a joint powers authority to be spent on affordable housing in other communities.
(In Senate Housing and Land Use Committee)
Similar legislation is AB 438 (Torlakson-D), which is in Senate Housing and Land Use Committee, AB 923 (McClintock-R), SB 71 (Kelley-R), and SB 488 (Lee-D), all of which are in Assembly Housing and Community Development Committee.
AB 945 (Wright-D) Local Government Efficiency and Cost Reduction Bond Act
Enacts the Local Government Efficiency and Cost Reduction Bond Act, which act authorizes, for purposes of financing a specified local government improvement program the issuance, pursuant to the State General Obligation Bond Law, of bonds in the amount of $100,000,000. Provides for submission of the bond act to the voters at the next statewide election.
(In Assembly Local Government Committee)
AB 972 (Torlakson-D) Local government
Creates the Local Government Streamlining, Efficiency, and Mandate Relief Account (Account) within the General Fund, to be administered by the Governor's Office of Planning and Research (OP&R), which provides moneys to local agencies for specified streamlining and efficiency studies. Appropriates $2 million from the General Fund, to achieve the purposes of the Account. Requires OP&R to convene a panel of up to 9 members to develop and recommend to the office guidelines for the distribution of moneys in the account, and prescribes criteria for panel membership.
(In Assembly Appropriations Committee)
AB 980* (Ashburn-R) State budgets
Requires the State Department of Finance to meet annually with counties to discuss budget issues of concern to counties, and the impact of the issues on county revenues.
Vetoed by the Governor
AB 990 (Ashburn-R) Public contracts: counties: bidder's security
Gives counties discretion as to whether to require a bidder's security with respect to public projects of less than $75,000.
(In Assembly Local Government Committee)
AB 994 (Sweeney-D) Local Agency Public Construction Act: bids
Requires, beginning July 1, 1998, a public agency in a contract for architect services of $10,000 or more, to disclose in any request for proposal or invitation for bid if the proposed contract will require the architect to indemnify the public agency for any and all liability arising out of the contract.
Chapter 722, Statutes of 1997
AB 1061 (Machado-D) Air pollution: districts: rules and regulations
Allows any person to inform the local air pollution control districts within 60 days of the published rule change of any similar federal, state or local air requirement. Requires the district to prepare a written analysis for any new rule change identifying all existing and proposed federal and local district rules applying to the same type of equipment or source type. Requires the district to include the analysis in the public hearing notice for the rule change.
Chapter 519, Statutes of 1997
AB 1069 (Cardoza-D) Property tax revenue allocations: negative sum counties
Freezes the amount of the property tax revenue shifts to the Educational Revenue Augmentation Fund (ERAF) at the 1994-95 level for 6 counties: Alpine, Lassen, Mariposa, Plumas, Stanislaus, and Trinity beginning in the 1997-98 fiscal year.
(In Assembly Appropriations Committee)
AB 1114 (Napolitano-D) South Coast Air Quality Management District: audit
Requires the Bureau of State Audits (bureau) to conduct an independent management and fiscal audit of the South Coast Air Quality Management District (SCAQMD) and make recommendations to the Legislature. Gives the bureau access to all records and papers of SCAQMD, and the right to interview any SCAQMD employee. Explicitly protects any SCAQMD employee from being penalized for statements made as part of the audit. Makes an appropriation of $138,000 from the General Fund to the Bureau of State Audits to fund the audit of the SCAQMD.
(In Assembly Appropriations Committee)
AB 1128 (Miller-R) Publicly owned utilities for furnishing water service
Allows the City of West Covina to sell its water utility, where part of the utility is inside and part is outside the city boundaries. Allows the sale only if there is a mailed ballot to each water customer within the city who is served by the city's water utility, and a majority of the water customers approve. Requires the city, in any ballot, to provide appropriate information to the water customers to help them make a decision. Sunsets January 1, 2001.
Chapter 521, Statutes of 1997
AB 1130 (Oller-R) Airports: land use commissions
Authorizes boards of supervisors and city selection committees to establish an intercounty airport land use commission for any intercounty airport.
Chapter 81, Statutes of 1997
AB 1150 (Prenter-R) Health facilities
Authorizes Kern County board of supervisors to create an independent public hospital authority to take over management, operation, and control of the county hospital in Kern County, including administration of state funds for Medi-Cal recipients.
(In Senate Health and Human Services Committee)
AB 1182 (Sweeney-D) Jurisdictional changes: negotiation period
Allows local governments 90 days, instead of 30 days, to negotiate property tax reallocations that will result from changes in the boundaries of public agencies caused by proposed actions such as annexations.
(In Senate Local Government Committee)
AB 1191 (Shelley-D) Vehicles: traffic rules and regulations: violations
Sets the minimum allowable fine for violation of failure to stop at a steady or flashing red signal light at $100, and provides greater revenue to counties for enforcement of those traffic provisions.
Chapter 852, Statutes of 1997
AB 1214 (Figueroa-D) Sale or lease of local health care districts' assets
Authorizes a local health care district to sell or lease their assets to, or enter into a joint venture with a for-profit entity provided that specific conditions are satisfied, including voter approval for district transactions with for-profit entities if more than 35% of the district's assets are involved in the transactions, and the involved assets are hospital related.
Vetoed by the Governor
Similar legislation is SB 460 (Kelley-R), which is in Senate Local Government Committee.
AB 1224 (Thomson-D) Mello-Roos Bonds: delinquencies and foreclosure
Creates a series of mechanisms to deal with financially failing Mello-Roos districts, including:
- Expands the services for which Mello-Roos tax proceeds can be used, but provides that bonds may not be issued to fund designated services.
- Permits the legislative body of a Mello-Roos District to waive delinquency and redemption penalties under specified conditions.
- Permits a District to reserve the right to accept the tender of District bonds or other debt secured by the property from the property owner to pay off all or part of taxes owed to the District at face value, with the debt then canceled by the District, and states that a tender of bonds may be made in a foreclosure where the sale exceeds $5,000 as a credit transaction within 7 days of the sale under specified conditions.
- Permits a District to declare, at a noticed public hearing, a "special tax penalties amnesty program" on or before December 31, 1998, if the District makes specific findings.
- Makes various revisions in judicial foreclosure and related procedures on Mello-Roos and the 1915 Improvement Act assessment and special tax liens which are delinquent.
- Provides for assignment of delinquent special taxes.
- Requires extensive disclosure information of the tendering party prior to initiation of any tender offer to the legislative body of the district that issued the bonds.
Chapter 946, Statutes of 1997
AB 1226 (Granlund-R) Vehicle license fees: revenue allocation
Provides cities that incorporated after January 1, 1987 with an additional 2 years of enhanced vehicle license fee revenues, unless the city restricts housing production or does not have a valid housing element.
Chapter 583, Statutes of 1997
AB 1284 (Bowler-R) Providing false employment data: recreation areas
Authorizes any local recreational agency to immediately terminate an employee or volunteer with supervisory or disciplinary responsibilities for any minor if the employee or volunteer falsified information on an employment application regarding a prior conviction of 31 specified sexual offenses. Makes it a misdemeanor to falsify information on a local recreational agency's employment application regarding any prior conviction of any of the specified sexual criminal offenses.
(In Assembly Local Government Committee)
AB 1310 (Wayne-D) Air pollution: San Diego district budget: permit fees
Authorizes, effective January 1, 1998, the San Diego Air Pollution Control District's fees for authority to construct permits and permits to operate for stationary sources to reflect the district's actual costs. Authorizes, on and after January 1, 1999, individual fees for such permits to exceed 15% in any fiscal year if the total aggregate increase in existing fees does not exceed 15% in the fiscal year. Provides that the aforementioned provisions shall remain in effect provided specific conditions continue to be met by the district.
Chapter 406, Statutes of 1997
AB 1342 (Napolitano-D) Redevelopment plans
Extends redevelopment plans' statutory deadlines. Provides that limitations established in a redevelopment ordinance pursuant to that act applied to limit allocation of taxes to an agency to the extent required to undertake or perform specified activities relating to, among other things, financial assistance to school districts, shall be 10 years. Exempts certain spending from statutory limits, and allows, under specified conditions, redevelopment officials to assist failed automobile centers and defunct automobile dealerships.
(In Senate Housing and Land Use Committee)
AB 1349 (Kaloogian-R) Property tax shift
Repeals the property tax shift from cities, counties, and special districts to schools, the Educational Revenue Augmentation Fund (ERAF), and provides that property taxes shall be allocated by statute. Provides that a portion of property taxes allocated to cities, counties, and special districts are to be placed into an ERAF fund in each county. Specifies these ERAF funds are provided to schools within the county, thereby reducing the state's responsibility to schools under Proposition 98.
(In Assembly Local Government Committee)
AB 1362 (Mazzoni-D) Guardino decision and local tax validation
Makes the decision of the California Supreme Court in Santa Clara County Local Transportation Authority v. Guardino inapplicable to any tax that was imposed or increased prior to December 14, 1995. Prohibits any action contesting provisions of this bill from being filed after January 31, 1998. Declares that this bill's provisions do not amend Proposition 62 or Proposition 218.
Vetoed by the Governor
AB 1366 (Lempert-D) Parks and open space
Authorizes the State Department of Parks and Recreation to convey easements, originally acquired as part of the abandoned California Hiking and Riding Trail Project, to the San Joaquin County Office of Education for educational use and to the County of San Mateo, and the Midpeninsula Regional Open-Space District for use as parks or trails.
Chapter 374, Statutes of 1997
AB 1390 (House-R) County Recorder protections
Makes it a misdemeanor or infraction for an individual to attempt to record a document after the recorder has determined it to be unrecordable, and after a form has been provided to the individual stating why the document was unrecordable, that it would be a criminal offense for a person to attempt to record the document without a court order, and that the person has the right to judicial review of the recorder's decision. Clarifies that a recorder is not liable for damages if he or she does not record a document, provided that the recorder has determined it to be an unrecordable document according to the standards set by existing law. If a court later determines that the document is indeed recordable, the recorder would then have a reasonable amount of time to record the document.
Chapter 448, Statutes of 1997
AB 1414 (Cardenas-D) City detachment and incorporation reorganizations
Makes changes to the Cortese-Knox Local Government Reorganization Act of 1985, including prohibits a city council from vetoing a city detachment that is part of a reorganization which includes the entire detached territory in a city incorporation. Requires the conducting authority adopt a resolution for an election on the proposed reorganization within 30 days, and that the election occur at the next primary or general regular election of an even-numbered year. Requires that an election on proposed reorganization be confirmed only if 2/3 of the voters in the affected city favor the proposal. Creates the Special Commission on City Boundaries. Requires, by January 15, 1998, the Governor and League of California Cities each appoint 4 members to the commission. Requires the Special Commission to conduct public meetings regarding city organization and boundary changes that may affect cities, and issue a report of its findings by October 1, 1998. Allows payment of per diem up to $100 to each Special Commission member for each day he or she attends meetings of the commission.
(In Senate Local Government Committee)
Similar legislation is AB 62 (McClintock-R), Chapter 911, Statutes of 1997, AB 303 (Runner-R), Chapter 164, Statutes of 1997, AB 1484 (Hertzberg-D), Chapter 943, Statutes of 1997, and SB 176 (Lockyer-D), which is in Senate Appropriations Committee.
AB 1427 (Pringle-R) Retrieval of shopping carts by a city or county
Allows an alternative to the current 3-day notice requirement for impounding shopping carts by authorizing a city or county to impound shopping carts found outside of the shopping area subject to specified conditions.
(Failed passage in Assembly Local Government Committee; reconsideration granted)
AB 1447* (Washington-D) Parklands conversion: West Park: City of Compton
Authorizes the City of Compton to close West Park, located in the City of Compton.
Chapter 725, Statutes of 1997
AB 1466 (Baldwin-R) Revenue allocation: local public safety services
Changes the annual allocation of Proposition 172's public safety funds in San Diego County.
(In Assembly Local Government Committee)
AB 1476* (Sweeney-D) Property tax allocation
Clarifies and makes technical changes to the Cortese-Knox Local Government Reorganization Act of 1985, and references to reorganization laws, including deletion of references to the previously repealed Knox-Nisbet Act.
(In Senate Local Government Committee)
AB 1484 (Hertzberg-D) Local government reorganization
Creates the 15-member Commission on Local Governance for the 21st Century, 9 members to be appointed by the Governor, 3 members to be appointed by the Assembly Speaker, and 3 members to be appointed by Senate Rules Committee. Requires the commissioners to reflect the state's geographic, ethnic, racial, gender, and cultural diversity and to have ability in demography, urban economics, land use planning, public finance, and/or the legal aspects of local agency organization and boundaries. Requires the Commission to meet in public and solicit views about local agency organization and boundary changes from the public, including public officials. By June 30, 1999, requires the Commission to report to the Legislature and the Governor on specific issues. Appropriates $250,000 from the General Fund to carry out its duties and responsibilities until its sunset date of January 1, 2000.
Chapter 943, Statutes of 1997
Similar legislation is AB 62 (McClintock-R), Chapter 911, Statutes of 1997, AB 303 (Runner-R), Chapter 164, Statutes of 1997, AB 1414 (Cardenas-D), which is in Senate Local Government Committee, and SB 176 (Lockyer-D), which is in Senate Appropriations Committee.
AB 1498 (Campbell-R) Disabled access to public accommodations
Limits the ability of local governments to deny or condition drive-thru facilities.
(In Assembly Local Government Committee)
AB 1502 (Campbell-R) Redevelopment project areas in Orange County
Establishes a special jurisdictional authority transfer provision for the Orange County Neighborhood Development and Preservation Project to allow them to transfer jurisdictional authority to an annexing city's redevelopment agency.
Chapter 53, Statutes of 1997
AB 1506 (Ortiz-D) Proposition 218: implementation
Makes several changes to Proposition 218, including a 30-day limit on lawsuits regarding the validity of taxes, a procedure for the filing of initiatives, and a provision which allows for annual adjustments in inflation on taxes, assessments, fees and charges.
(In Assembly Elections, Reapportionment and Constitutional Amendments Committee)
AB 1527 (Brown-D) Subdivision Map Act: Napa County
Allows Napa County to adopt ordinances that, as a condition of issuing development permits, require the merger of an undeveloped substandard parcel into a contiguous parcel if both parcels have the same owner on and after January 1, 1998.
Chapter 837, Statutes of 1997
AB 1539 (Villaraigosa-D) Oversight of Los Angeles County Sheriff's Department
Requires the Los Angeles County board of supervisors to contract for a performance audit of the county sheriff's department every 5 years. Does not require a sheriff's audit if another state or local agency, except the Los Angeles County Sheriff's Department, completed a similar audit within 1 year of the due date of the 5-year audit. Requires that a contract for services by the county sheriff's department must be approved by the board if the contract is not awarded to the lowest bidder.
Vetoed by the Governor
AB 1584* (Prenter-R) Local funding
States legislative intent regarding funding for the Citizens Option for Public Safety (COPS) program in future years. Makes changes to existing expenditure reporting requirements for entities receiving COPS funding.
Chapter 289, Statutes of 1997
AB 1589* (Pringle-R) Local government: finance
Clarifies several Educational Revenue Augmentation Fund (ERAF) ambiguities resulting from recent legal interpretations provided by the State Controller, including the provision that all county appropriations for district fire services reduce the computation of a district's total annual revenue, irrespective of the source of the funds, or if the county appropriation was made under an alternate section of law. Provides that amounts identified for transfer to special districts rather than actual amounts transferred are to be used when calculating Special District Protection revenue exemptions under ERAF for counties of the second class, as defined. Provides that libraries must shift funds to ERAF under the 1992-93 and 1993-94 formulas.
Chapter 290, Statutes of 1997
AB 1615* (Papan-D) Land use: Subdivision Map Act: tentative maps: expiration
Extends the initial duration of a tentative subdivision map or a tentative parcel map from 2 years to 3 years, and repeals the current authority to extend a tentative map up to 1 year beyond this initial period. Requires that the above extension applies to any "pending" tentative map that has not yet expired on the effective date of this bill, and any tentative map filed on or after the effective date of this bill, unless the legislative body can make certain findings.
(In Assembly Local Government Committee)
ACA 4 (Aguiar-R) Property tax revenue allocation: local agency relief
Places a measure before the voters which modifies the amount of property tax shifted by local agencies to the Educational Revenue Augmentation Fund (ERAF) beginning in the 1998-99 fiscal year. Eventually eliminates the ERAF contribution.
(Failed passage in Senate Local Government Committee; reconsideration granted)
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 that exceeds 5% of the agency's general fund expenditures during the preceding fiscal year requires prior voter approval.
(In Assembly Local Government Committee)
Lottery
SB 249 (Greene-D) California State Lottery
Subject to approval by the voters at the next statewide election, reduces from 16% to 13% the percentage of total state lottery revenues that can be allocated for administrative expenses, and redirects that revenue to the State School Deferred Maintenance Fund and the newly created Higher Education Deferred Maintenance Fund.
(Failed passage in Assembly Governmental Organization Committee; reconsideration granted)
Similar legislation is SB 1193 (Peace-D), in Assembly Governmental Organization Committee, SCA 6 (Polanco-D), in Senate Governmental Organization Committee, AB 201 (Bowen-D), which failed passage in the Senate Appropriations Committee, ACA 23 (Bordonaro-R), in the Assembly Rules Committee.
SB 374 (Leslie-R) Lien: public assistance
Authorizes the state and counties to have a lien of one-half of an aid recipient's winnings from the California State Lottery in excess of $600.
(Failed passge in Senate Health and Human Services Committee; reconsideration granted)
SB 1193 (Peace-D) School finance: accountability
Reduces from 16% to 12% the total state lottery revenues that can be allocated for administrative expenses and redirects that revenue to districts that meet specified performance or improvement standard. Requires the lottery revenues to be held in separate accounts by districts and requires districts to report annually on funds received, and amounts and purposes of expenditure.
(In Assembly Governmental Organization Committee)
Similar legislation is SB 249 (Greene-D), which failed passage in the Assembly Governmental Organization Committee; reconsideration granted, SCA 6 (Polanco-D), in Senate Governmental Organization Committee, AB 201 (Bowen-D), which failed passage in the Senate Appropriations Committee, AB 1453 (Cardenas-D), which failed passage on the Senate Floor; reconsideration granted, and ACA 23 (Bordonaro-R), in Assembly Rules Committee.
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.
(In Senate Governmental Organization Committee)
AB 197* (Thomson-D) California State Lottery
Permits the California State Lottery Commission to promulgate regulation authorizing the use of an electronic or electromechanical device to dispense lottery tickets.
Chapter 226, Statutes of 1997
AB 201 (Bowen-D) California State Lottery
Reduces the allocation of the total annual revenues for the payment of expenses of the lottery from 16% to 14%. Specifies that this additional 2% of the total annual revenues shall be returned to the public in the form of prizes or to benefit education, or both.
(Failed passage in Senate Appropriations Committee)
Similar legislation is SB 249 (Greene-D), which failed passage in the Assembly Governmental Organization Committee; reconsideration granted, SB 1193 (Peace-D), in Assembly Governmental Organization Committee, and AB 1453 (Cardenas-D), which failed passage on the Senate Floor; reconsideration granted.
AB 1453 (Cardenas-D) California State Lottery
Reduces the allocation for payment of expenses of the lottery to no more than 15% of total annual revenues. Specifies that an additional 1% of the total annual revenues be allocated to the benefit of public education for the purchase of new books and materials for classrooms statewide for kindergarten and grades 1 to 12.
(Failed passage on Senate Floor; reconsideration granted)
Similar legislation is SB 249 (Greene-D), which failed passage in the Assembly Governmental Organization Committee; reconsideration granted, and SB 1193 (Peace-D), in the Assembly Governmental Organization Committee.
ACA 23 (Bordonaro-R) California State Lottery
Deletes the California State Lottery Act.
(In Assembly Elections, Reapportionment, and Constitutional Amendments Committee)
Public Employees
The major issue under public employees concerned giving state employees a pay raise, which the Governor promised to in the 1998 Budget. Following are the list of bills which, at the present time, are spot bills for the memoranda of understanding with state employees.
SB 577 (Dills-D)
SB 672 (Dills-D)
SB 870 (Dills-D)
SB 967 (Dills-D)
AB 312 (Torlakson-D)
AB 1600 (Assembly Public Employees, Retirement and Social Security
Committee)
Other Public Employees Legislation
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.
(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 Public Employees' Retirement System retirement benefits, up to an average annual inflation level of 6%.
(In Senate Appropriations Committee)
SB 358 (Rainey-R) Public employee retirement
Requires the Board of Administration of the Public Employees's Retirement System to enter into agreements with terminating agencies respecting benefits and funding. Requires the board to enter such agreements, unless it determines that it is not in the best interest of the system.
Chapter 115, Statutes of 1997
SB 419 (Karnette-D) County employees: retirement
Makes technical changes in the County Employees' Retirement Act of 1937, relating to interest on contributions, mandatory retirement age, and disposition of unclaimed death benefits.
Chapter 43, Statutes of 1997
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.
(In Senate Governmental Organization Committee)
SB 538* (Greene-D) Firefighters: employees: cities and counties
Allows local fire protection agencies to give hiring preferences to terminated civilian federal firefighters who have lost employment as a result of the closure of a military base, as specified.
Chapter 73, Statutes of 1997
SB 563 (Brulte-R) Local safety officers: health benefits
Requires local governments to provide health benefits to the surviving spouse and minor dependents of firefighters and peace officers who died in the line of duty prior to September 30, 1996. Requires health benefits to be provided under the same terms and conditions provided prior to the death of the firefighter or peace officer.
Chapter 193, Statutes of 1997
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.
(On Assembly Inactive File)
SB 615 (Burton-D) State employees
Specifies terms of a Memorandum of Understanding (MOU) between the state employer and Bargaining Unit 6 (Correctional Offices), and requires the development of a health benefits plan proposal. Allows the MOU to be approved by the Legislature in non-Budget Act legislation.
(On Assembly Inactive File)
SB 629 (Karnette-D) Public employees retirement
Makes members of the State Teachers' Retirement System, with between 1 and 5 years of service credit, eligible for disability benefits if they have been disabled as a result of unlawful bodily harm against the member while the member was performing his or her duties. Extends special PERS death benefits to beneficiaries of teachers who have died due to a violent act that arose in the course of the teacher's duties. Applies these benefits to members injured or killed by unlawful acts on or after January 1, 1998.
Chapter 386, Statutes of 1997
SB 778 (Haynes-R) 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 of 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.
(In Senate Judiciary Committee)
SB 929 (Dills-D) Judges: retirement
Deletes inoperative references to justice courts from the Judges' Retirement Law.
(In Senate Committee on Public Employment and Retirement)
SB 969 (Burton-D) Judges' retirement
Requires the Judicial Council, in cooperation with the Public Employees' Retirement System, to conduct a study and report to the Legislature, by March 1, 1998, with recommendations on the feasibility and desirability of increasing or eliminating the age at which a judge may retire without a reduction in retirement allowance under the Judges' Retirement System and Judges' Retirement System II.
Chapter 584, Statutes of 1997
SB 1020 (Senate Public Employment and Retirement Committee) County employees: retirement
Authorizes county retirement plans, operating under the County Employees' Retirement Act of 1937, to provide long-term care insurance programs for retired members and, if authorized by the board of supervisors, for employees who are active members.
Chapter 491, Statutes of 1997
SB 1022 (Dills-D) State civil service: disciplinary proceedings
Adds the following to the list of actions that constitute cause for discipline of an employee by a state employer: imposing or threatening reprisals, discriminating or threatening to discriminate, interfering or threatening to interfere, restraining or threatening to restrain, coercing or threatening to coerce any state officer or employee who exercises his or her right to appeal to the State Personnel Board or testifies in a State Personnel Board hearing. Gives an employee the right to contact and interview other employees in private in regards to disciplinary actions. Eliminates any adverse action that is found to be arbitrary, capricious, or that does not follow principles of progressive discipline.
(In Assembly Public Employees, Retirement and Social Security Committee)
SB 1023 (Schiff-D) Public employees retirement
Reduces the age of eligibility for the 1959 Survivor Benefit from 62 to 60 for school and public agency employees.
Vetoed by the Governor
SB 1024 (Schiff-D) Public employees retirement
Eliminates provisions of the Public Employees' Retirement System law which penalizes the surviving spouses of deceased local agency employees when they remarry.
Vetoed by the Governor
Similar legislation was AB 1519 (Alquist-D), which was also vetoed by the Governor.
SB 1025 (Schiff-D) Public employees retirement
Increases from 75% to 80% the limit on the percentage of final compensation that may be earned in a retirement allowance by local safety employees who are members of the Public Employee's Retirement System.
Vetoed by the Governor
SB 1028 (Schiff-D) Supervisory and managerial salary differential
Requires a 15% salary differential between all state managers and supervisors and the highest step of the employees they supervise or manage.
(In Senate Appropriations Committee)
SB 1072 (Burton-D) Judges' retirement
Requires that the Judicial Council, in cooperation with the Public Employees' Retirement System, to conduct a study on the possibility of providing service credit for judges who are in deferred retirement and who are sitting on assignment. Requires the results of this study to be reported to the Legislature and the Governor no later than March 1, 1998.
Chapter 585, Statutes of 1997
SB 1192* (Schiff-D) Public employee retirement
Provides a 2-year extension of a section in existing Public Employees' Retirement System law that authorizes local public agencies to offer a 4-year early retirement benefit to their employees. Requires participating employees to meet minimum age and service requirements of existing law.
Chapter 458, Statutes of 1997
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.
(In Senate Public Employment and Retirement Committee)
SCR 26 (Senate Public Employment and Retirement Committee) State employee merit awards
Requests additional merit award payments to 9 state employees for proposals that have resulted in actual state savings of $1,085,144.
Resolution Chapter 116, Statutes of 1997
AB 180 (Torlakson-D) County employees: retirement
Allows the Contra Costa County Board of Supervisors to adopt, by ordinance, a 3-tier retirement program.
Chapter 254, Statutes of 1997
AB 286 (Honda-D) Public employees' retirement
Authorizes Public Employees' Retirement System contracting agencies, other than school employers, to amend their contracts to reclassify employees whose functions fall within the scope of hazardous materials services from miscellaneous members to local firefighter members.
Chapter 60, Statutes of 1997
AB 294 (Ortiz-D) State employees: nonindustrial disability
Increases the nonindustrial disability benefit cap for state employees from $125 to $250 per week and extends the period for any 1 disability period from 25 weeks to 52 weeks.
(In Assembly Appropriations Committee)
AB 321 (Bordonaro-R) Public employees: retirement
Permits specified miscellaneous employees in the forensic units of specified state hospitals to elect to be subject to retirement benefits under the state safety formula.
Vetoed by the Governor
AB 355 (Morrissey-R) County employee retirement
Provides for reciprocal benefits for firefighters or law enforcement personnel whose functions are transferred from a city or county covered by the Public Employees' Retirement System to Orange County.
Chapter 832, Statutes of 1997
AB 368 (Floyd-D) Firefighters
Provides that in the circumstance in which a female 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, perform non-active firefighting duties, or to take a leave of absence. Requires the employing fire department to act in accordance with the determination of the firefighter and her physician.
(On Assembly Inactive File)
AB 387 (Miller-R) State Personnel Board and state civil service
Provides that a witness must be granted either use immunity and derivative use immunity, or transactional immunity from criminal prosecution before his or her testimony can be compelled within a State Personnel Board hearing. Allows the subpoena of witnesses who live more than 100 miles away from the hearing location, provided that materiality is shown. Provides for a motion to quash procedure to allow parties to object to a subpoena on the grounds that it is unreasonable or oppressive.
Chapter 577, Statutes of 1997
AB 407 (Napolitano-D) County employees: retirement
Authorizes the board of supervisors of counties, who have retirement plans subject to the 1937 Act Law, to elect to increase the burial benefits up to $5,000. Applies to any eligible member who dies on or after January 1, 1997, regardless of his or her retirement date.
Chapter 439, Statutes of 1997
AB 427* (Knox-D) Public employees' health benefits: domestic partners
Provides employers, whose employees participate in the California Public Employees' Retirement System health care program, the option to extend health benefits coverage to the domestic partners of their employees or annuitants, as specified.
(In Assembly Public Employees, Retirement and Social Security Committee)
AB 528 (Floyd-D) Public employee retirement
Makes physicians, dentists, psychiatrists, medical residents and podiatrists in the 3 state forensic state hospitals state safety members for retirement purposes, if they elect such status.
(On Senate Inactive File)
AB 617 (Floyd-D) State employees: retirement
Subjects all safety members and their employers, employed by the State Department of the Youth Authority, the State Department of Mental Health, and the State Department of Developmental Services to a 2-1/2%-at-age-55 service retirement formula and the corresponding member and employer contribution rates, as specified.
(In Assembly Appropriations Committee)
AB 629 (Strom-Martin-D) Child protective services workers
Permits local agencies to reclassify child protective service workers, social workers, welfare fraud investigators, child support investigators and coroners as local safety members of the Public Employees' Retirement System, rather than miscellaneous members. Provides that local agencies may reclassify prior service to safety membership. Requires each county to develop a written plan by September 1, 1998 to provide safe and secure working conditions for child protective services workers.
Vetoed by the Governor
AB 652 (Napolitano-D) Public employees' retirement
Authorizes any school district, community college district, or county superintendent of schools currently covered by an existing contract with the Public Employees' Retirement System to enter into a supplemental contract to provide optional, non-vesting benefits similar to optional benefits available to public agencies.
Vetoed by the Governor
AB 658 (Scott-D) Public employee retirement
Defines the Western Association of Schools and Colleges (WASC) as a public agency, making it eligible for retirement and health benefit coverage with the Public Employees' Retirement System (PERS). Defines WASC as a public agency for the purpose of participation in PERS retirement and health benefit coverage. Makes definition contingent upon an advisory opinion from the U.S. Department of Labor that PERS inclusion does not subject PERS to federal regulation under the Employee Retirement Income Security Act, creating substantial administrative and program costs for PERS.
Chapter 304, Statutes of 1997
AB 673 (Floyd-D) Public employees: mediation and the factfinding panel
Authorizes parties, under the Meyers-Millias-Brown Act, to request the establishment of a factfinding panel under certain conditions, and specifies the scope of the fact-finding panel's authority and activities.
Vetoed by the Governor
AB 842 (Strom-Martin-D) Public employees: retirement
Requires the State Department of Personnel Administration, in conjunction with recognized state employee agencies and the Public Employees' Retirement System, to develop a comprehensive plan for allowing all state employees currently in the Second Tier retirement plan to elect the First Tier Plan. Requires the plan to be developed on or before July 1, 1998.
(In Senate Appropriations Committee)
AB 917 (Strom-Martin-D) State employees: supervisors: meetings
Requires the state employer, notwithstanding the Bill of Rights for State Excluded Employees, as a demonstration project, to meet and confer in good faith with verified supervisory employee organizations that exclusively represent employees in the California Highway Patrol, the State Department of Corrections, the California Youth Authority, and the State Department of Forestry and Fire Protection (State Bargaining Unit 8), as specified, and to prepare a memorandum of understanding in accordance with the Ralph C. Dills Act. Sunsets January 1, 2003.
Vetoed by the Governor
AB 958 (Washington-D) Firefighters: conditions of employment
Prohibits any employment contract entered into on or after January 1, 1998 from including, as a condition of employment, a requirement that an employee reimburse or compensate his or her employer for expenses the employer may incur in hiring and training its firefighters, as specified.
Vetoed by the Governor
AB 981* (Wildman-D) Public employees' retirement
Provides an early retirement ("Golden Handshake") incentive to certain classes of state employees by allowing the Governor, by executive order, to give state managers and confidential or supervisory employees, who retire by the end of 1997, 3 years of additional age and 3 years of service credit. Increases, starting January 1, 1998, the retirement allowances of state and local Public Employees' Retirement System members who retired between January 1, 1981 and December 31, 1989.
(In Assembly Appropriations Committee)
AB 1166 (House-R) Public employees: fingerprinting
Provides that any person employed by a state or local agency, or any prospective applicant for employment with a state or local agency, in any position or capacity that requires the person or applicant to have contact with children shall, as a condition of employment, be fingerprinted. Requires the cost of fingerprinting to be paid by the employee.
(In Assembly Public Employees, Retirement and Social Security Committee)
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, subject to the Meyers-Milias-Brown Act, as specified. Provides that a board of supervisors is not authorized to contract for temporary help for the provision of police officer or firefighter services.
(In Senate Local Government Committee)
AB 1184 (Knox-D) Public employee retirement
Repeals Section 21417 of the Government Code, which requires the Public Employees' Retirement System to limit members' industrial disability allowance to the maximum benefit amount that they would have received for a service retirement, if they had retired at the normal retirement age.
(In Senate Appropriations Committee)
AB 1347 (Kaloogian-R) Public employee organizations: political activities
Requires an employee organization 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.
(In Assembly Public Employees, Retirment and Social Security Committee)
AB 1365 (Ashburn-R) County employees' retirement
Allows specified public employees of Kern County to participate in an enhanced retirement allowance calculation system. Provides that these limitations are only applicable to persons who first became members of the retirement system on and after January 1, 1994.
Chapter 64, Statutes of 1997
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.
(In Assembly Appropriations Committee)
AB 1519 (Alquist-D) Public employees retirement
Allows spouses of deceased local agency peace officers and firefighters to retain their monthly death benefits upon remarriage, regardless of whether the member died in the line of duty. Allows remarried spouses of local agency peace officers and firefighters to resume payment of their allowance again, regardless of whether their spouses died in the line of duty. Restores the spouse's allowances to the full amount if the spouse had previously elected a reduction.
Vetoed by the Governor
Similar legislation was SB 1024 (Schiff-D), which was also vetoed by the Governor.
AB 1595 (Knox-D) Public employees' retirement
Extends the Janaury 1, 1998 sunset date on the local "Golden Handshake" option, which permits local Public Employees' Retirement System (PERS) employers to add additional years of service credit in order to avoid layoffs, to January 1, 2000. Permits PERS to establish an alternative retirement plan for classified school employees who work less than 20 hours per week and are, therefore, excluded from PERS membership. Permits Fontana, Lincoln and Alamed County Water Districts to contract with PERS for retiree health benefits.
Chapter 951, Statutes of 1997
AB 1596 (Assembly Public Employees, Retirement and Social Security Committee) Public employees' benefits
Makes the Secretary of State election investigators peace officer/firefighter members for retirement purposes, rather than miscellaneous members. Makes State Department of Justice criminalists and print analysts state safety members, rather than miscellaneous members. Permits Fontana and the Alameda County Water District to contract with the Public Employees' Retirement System for retiree health benefits.
(In Senate Appropriations Committee)
AB 1598 (Assembly Public Employees, Retirement and Social Security Commitee) Public employees' retirement
Makes techncial changes to the County Employees' Retirement Law of 1937 deleting the requirement that the local retirement board approve the amount of the employer contribution in counties covered by this law. Revises the requirement for retirement for a non-member in the dissolution or separation of marriage to a member.
Chapter 223, Statutes of 1997
AB 1599 (Assembly Public Employees, Retirement and Social Security Committee) County employee retirement
Codifies a court decision (Philips v. County of Fresno (1990), 225 Cal.App.3d 1240), which states that if an employer fails to reinstate a member to his or her employment and the employee is denied disability retirement by the local retirement board, the employer shall pay the member his or her full salary and benefits as if the member had been reinstated.
Vetoed by the Governor
AB 1604 (Assembly Public Employees, Retirement and Social Security Committee) County employees retirement
Authorizes the San Mateo County Board of Supevisors to adopt a resolution providing that the definition of final compensation shall apply to those probation officers electing safety status and retiring on or after the date specified in the resolution.
(In Assembly Public Employees, Retirement and Social Security)
AB 1606* (Assembly Public Employees, Retirement, and Social Security Committee) State employees
Entitles any state employee, who is called to active military duty from a California National or U.S. reserve unit as a result of the Bosnia crisis, to receive similar compensation and benefits rights that were provided to those who served in the Kuwait Crisis, as specified.
Chapter 780, Statutes of 1997
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 7 calendar days prior to the first hearing in that committee.
(In Senate Governmental Organization Committee)
SB 74 (Kopp-I) Records
Requires public agencies to provide a copy of an electronic record, if requested, and makes other changes related to the Public Records Act.
Vetoed by the Governor
SB 95 (Ayala-D) Open meetings
Makes numerous changes to the Bagley-Keene Open Meeting Act, which governs meetings held by state bodies, to make it consistent with provisions of the Ralph M. Brown Act, which governs meetings of legislative bodies of local agencies, as specified.
Double-joined with SB 989 (Sher-D).
Chapter 949, Statutes of 1997
SB 193 (Mountjoy-R) State administration: real property and agencies
Authorizes the sale, exchange, lease or transfer for current market value certain parcels of state property. Exempts any sale, exchange, lease or transfer of these parcels from specified provisions of the California Environmental Quality Act. Requires the State Department of General Services to reserve to the state all mineral deposits, as specified.
Chapter 784, Statutes of 1997
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, 1998.
(To interim study)
Similar legislation is SB 261 (Kopp-I), which is in Senate Judiciary Committee.
SB 225 (Kopp-I) Insurance: Insurance Commissioner
Provides for an initiative, which would render the position of Insurance Commissioner appointive, rather than elective, to be on the November 7, 2000 general election ballot.
(On Assembly Inactive File)
SB 255* (Lee-D) Armories: homeless shelters
Reinstates, until March 15, 1999, an existing provision of law sunsetted on March 15, 1997 that requires the State Military Department to make specified state armories available to cities and counties as emergency shelters for homeless persons during certain periods of cold weather.
Chapter 716, Statutes of 1997
Similar legislation was AB 67 (Escutia-D), Chapter 606, Statutes of 1997, and AB 242 (Honda-D), Chapter 242, Statutes of 1997.
SB 290 (Calderon-D) Controlled substances: liability
Adds a governmental agency to the list of entities funding a drug treatment program or employee controlled substance assistance program that are authorized to bring a cause of action under the Drug Dealer Liability Act, and deletes the prohibition against a public agency other than a public agency medical facility from bringing such a cause of action.
(In Senate Judiciary Committee)
SB 291* (Senate Appropriations Committee) Claims against the state
Appropriates $1.9 million from the General Fund (GF) to the State Attorney General to pay attorney fees, including $320,000 in interest, awarded by the court in the American Academy of Pediatrics v. Daniel Lungren case. Appropriates $525,000 from the Property Acquisition Law Account in the GF for a settlement against the state. Authorizes the expenditure of $10,564 from the State Department of Corrections budget to pay a judgment against a correctional officer.
Chapter 658, Statutes of 1997
SB 292* (Senate Appropriations Committee) Claims against the state
Appropriates $7,034,631.43 from various funds and accounts of the state to the Executive Office of the State Board of Control to pay the claims accepted by the State Board of Control.
Chapter 280, Statutes of 1997
SB 326* (Leslie-R) State lands: marina lease rates
Requires the State Lands Commission to conduct a study of marina lease rates and terms, and to submit the study to the Senate Governmental Organization Committee and the Assembly Natural Resources Committee, as well as to the State Department of Finance, by August 31, 1997.
(In Assembly Natural Resources Committee)
SB 389 (Monteith-R) Official State Soil
Designates San Joaquin Soil as the official State Soil.
Chapter 331, Statutes of 1997
SB 408 (Maddy-R) State Auditor
Makes various technical changes to existing law governing the State Auditor.
Chapter 690, Statutes of 1997
SB 409 (Alpert-D) Libraries
Builds upon and replaces the public library network that was established by the California Library Services Act (1997) with an expanded multi-type library network to be known as The Library of California.
(In Senate Appropriations Committee)
SB 412 (Peace-D) State contracts: conflict of interest
Applies specifically to electronic data processing and telecommunications procurements conflict-of-interest provisions which currently are applicable to state procurement contracts in general.
(In Senate Appropriations Committee)
SB 417 (Burton-D) Vessels
Makes minor code maintenance changes to the job title of the State Board of Pilot Commissioners, by changing "secretary" to "administrative assistant/secretary."
Chapter 660, Statutes of 1997
Similar legislation is SB 700 (Rainey-R), which is in Senate Governmental Organization Committee.
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.
(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.
(In Senate Industrial Relations Committee)
SB 448 (Sher-D) Public records
Prohibits the release of specified information about private citizens who are utility customers of local agencies contained in public records, such as name, address, and telephone number. Specifies that exceptions are made for authorized family members, police, courts, official government business, and where the utility determines that the public interest in disclosure clearly outweighs the public interest in non-disclosure.
Chapter 276, Statutes of 1997
SB 458 (Peace-D) State agencies: disclosure of personal information
Prohibits state agencies, including the California State University, from sending any outgoing U.S. mail to an individual that contains personal information about that individual (e.g., Social Security number, driver's license number, telephone number, credit card account number) unless the correspondence is sealed and cannot be viewed from the exterior of that sealed correspondence.
Chapter 685, Statutes of 1997
Similar legislation is AB 118 (Cardenas-D), which is in Assembly Appropriations Committee.
SB 479 (Alpert-D) Public contracts
Requires the State Controller, with respect to contracts for engineering, architectural, landscape architectural, surveying, environmental, or engineering geology services, to prepare and verify an analysis of the cost of performing the work using state civil service employees and the cost of the contract to be awarded to the State Department of Transportation, as specified.
(In Assembly Transportation Committee)
Similar legislation is SB 648 (Burton-D), which is in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)
SB 492 (Rosenthal-D) State agencies and regulatory boards: Internet
Requires certain specified entities within the State Department of Consumer Affairs, and the State Department of Real Estate, on or before January 1, 1999, to provide public information, excluding personal information, on the Internet relative to the status of every license issued by that entity. Requires the information to include suspensions and revocations of licenses issued by the state agency or regulatory board, and other related enforcement action taken against persons, businesses, or facilities subject to licensure or regulation by a state agency or regulatory board, as specified.
Chapter 661, Statutes of 1997
SB 605 (Maddy-R) Bernard E. Witkin State Law Library
Renames the California State Law Library as the "Bernard E. Witkin State Law Library of California."
Chapter 411, Statutes of 1997
SB 618 (Watson-D) Notaries public: journals and seals
Specifies that the notary journal and seal are the exclusive property of the notary public, which may not be surrendered to any person with the sole exception of the county clerk, at any time, including the notary's employer upon termination of employment, and requires the notary public to keep the notary journal and the official seal in a locked and secured area, under the direct and exclusive control of the notary.
Chapter 319, Statutes of 1996
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. Specifies that vendors who were cited in the last 3 years for illegally withdrawing required wages or benefits are barred from competing for state contracts for 3 years.
(In Assembly Consumer Protection, Governmental Efficiency, and Economic Development Committee)
SB 761* (Senate Budget and Fiscal Review Committee) Energy Resources Conservation and Development Commission
States legislative intent in enacting the bill to make the necessary statutory changes to implement the Budget Act of 1997, relative to funding for the operation and support of the State Energy Resources Conservation and Development Commission.
(In Senate Rules Committee)
SB 776 (Johannessen-R) State property: design-build
Authorizes the state, under specified conditions, to enter into design-build contracts for the construction of state facilities.
(On Assembly Inactive File)
SB 841 (Hayden-D) Public contracts: domestic partners
Prohibits a public entity from contracting with a contractor that discriminates in its provisions of benefits to employees with spouses and employees with domestic partners.
(Failed passage in Senate Judiciary Committee; reconsideration granted)
SB 862 (Lee-D) Interagency Commission on African-American Males
Establishes the State Interagency Commission on African-American Males to consider and promote the implementation of recommendations made by the State Commission on the Status of African-American Males. Establishes the composition of the 17-member commission, as specified, and directs the commission to appoint an executive director and secretary. Specifies that commission members shall serve without compensation, except for the reimbursement for actual and travel expenses.
(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.
(In Senate Appropriations Committee)
SB 937 (Polanco-D) Public acquisitions
Requires the State Department of Corrections to contract with a non-profit corporation to create a new prison work program, with the intention of providing inmates with marketable job skills upon release. Continues the current State Prison Industry Authority and public/private joint venture programs, as specified.
(In Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)
SB 949 (Schiff-D) Public officials and candidates
Prohibits any candidate, officeholder or appointed official from offering or arranging for any increase in the compensation or salary of a public employee in exchange for a contribution or loan from that employee to any committee controlled by the candidate or official. Provides for a fine of up to $5,000 and/or imprisonment in a county jail for up to 1 year for violation of these provisions.
Chapter 206, Statutes of 1997
Similar legislation is AB 627 (Scott-D), Chapter 638, Statutes of 1997.
SB 972 (Greene-D) California Exposition and State Fair
Makes extensive changes to the fiscal and administrative procedures governing the California Exposition and State Fair (Cal-Expo). Provides that, under the oversight authority of the Division of Fairs and Expositions of the State Department of Food and Agriculture, Cal-Expo will operate on a similar basis as district agricultural associations.
Chapter 694, Statutes of 1997
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 4-year terms. Sunsets Janaury 1, 2002.
(In Senate Appropriations Committee)
SB 1069* (Senate Budget and Fiscal Review Committee) Capital outlay: state budgeting
Requires the Governor, as a supplement to the annual budget, to submit to the Legislature, on or before January 10 of each calendar year, a 2-year capital outlay financing plan and a 5-year capital outlay plan, each containing specified information regarding proposed capital outlay projects and funding.
(In Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)
SB 1093* (Rainey-R) State budget: performance measures
States 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 the level of revenues for each program, as specified.
(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.
(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.
(Failed passage in Senate Housing and Land Use Committee; reconsideration granted)
SB 1132 (Polanco-D) Public acquisitions
Revises and reorganizes provisions of existing law relating to acquisition contained in other codes into the Public Contract Code, and repeals various statutory exemptions and exclusions from public contract provisions.
(In Senate Governmental Organization Committee)
Similar legislation is AB 1111 (Martinez-D), which is in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee.
SB 1173* (Vasconcellos-D) State property: Agnews Developmental Center
Requires that, if the Director of the General Services sells certain property located at the west campus of the Agnews Developmental Center, then 75% of the net proceeds shall flow to the General Fund, and 25% to a special account within the General Fund, known as the Community Services Development Account, as specified.
(In Assembly Appropriations 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.
(On Senate Inactive File)
Similar legislation is SB 477 (Peace-D), Chapter 275, Statutes of 1997, SB 722 (Alpert-D), in Senate Appropriations Committee, SB 797 (Hughes-D), in Senate Governmental Organization Committee, SB 874 (Calderon-D), in Senate Appropriations Committee.
SB 1202 (Hayden-D) Historic site preservation: St. Vibiana's Cathedral
States legislative intent to appropriate $1 million to the Office of Historic Preservation for allocation for acquisition or rehabilitation of St. Vibiana's Cathedral. Specifies that the funds are to revert to the Office of Historic Preservation if the funds are not used for these purposes within 5 years.
(In Assembly Water, Parks and Wildlife Committee)
SB 1270 (Johnston-D) State property
Authorizes the construction of office buildings and associated parking facilities for the State Department of Education, State Department of Health Services, and the State Department of General Services at the east and southeast end of Capitol Park in Sacramento. Requires the parking garage planned for block 224 to be constructed first to meet the parking needs of employees who would be displaced by the new buildings.
Chapter 761, Statutes of 1997
SB 1273 (Hurtt-R) State agencies: electronic mail
Provides, notwithstanding any other provision of law, that any requirement that a state agency send material, information, notices, correspondence, or other communication through U.S. mail shall be deemed to include the authority for the state agency to send material, information, notice, correspondence, or other communication by electronic mail upon the request of the recipient, unless impracticable to do so, or unless contrary to state or federal law. Authorizes a state agency to require that direct costs incurred by the agency involving the electronic transmission of requested information shall be paid by the requester.
Chapter 687, Statutes of 1997
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.
(In Assembly Budget Committee)
SB 1328 (Brulte-R) Public works: payment bond
Limits the liability of a general contractor on a public works project for his or her subcontractors' failure to pay mandatory payroll taxes when the subcontractor does not certify that he or she withheld from paychecks the required taxes on a certified payroll form currently issued by the state.
Chapter 757, Statutes of 1997.
Similar legislation is AB 831 (Poochigian-R), which in Senate Industrial Relations Committee.
SB 1338* (Johannessen-R) Statewide information system
Requires the State Department of Information Technology to conduct a study, including a cost-benefit analysis and feasibility study, regarding the design and implementation of a new statewide information system and to complete the study and report its findings to the Governor, the Legislature, and the Senate Cost Control Commission, no later than 12 months from the date that funds are appropriated for the report, as specified.
(On Assembly Inactive File)
Similar legislation is SB 1351 (Burton-D), on the Assembly Inactive File, and AB 1601 (Shelley-D), Chapter 925, Statutes of 1997.
SB 1350 (Burton-D) Health care
States legislative findings and declarations with regard to making information available to the public and conducting deliberations openly. Provides that if any state agency, including a constitutional corporation, transfers to a private corporation assets for the operation of a hospital by that corporation and the value of the assets is not less than $50 million, the corporation is subject to specified open meeting requirements. Specifies that the records of the corporation are to be available to the public for inspection, and that these conditions do not apply to any corporation in a county of the 2nd class.
Chapter 927, Statutes of 1997
SCA 8 (Hurtt-R) Lease-revenue financing
Provides that no law to authorize a state agency to engage in lease-revenue financing, as defined, shall take effect unless it has been passed by a 2/3 vote of all members elected to each house.
(In Senate Governmental Organization Committee)
SCR 8 (Thompson-D) Alberta, Canada: sister state status
Extends an invitation to the people of Alberta, Canada to join California as a sister state, 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 Alberta.
Resolution Chapter 29, Statutes of 1997
SCR 12 (Solis-D) Women's History Month
Designates the month of March 1997 as Women's History Month and urges all Californians to join in the celebration of International Women's Day on March 8, 1997.
Resolution Chapter 16, Statutes of 1997
SCR 19 (Brulte-R) New South Wales: sister state status
Extends an invitation to the people of the State of New South Wales, Australia, to join California as a sister state, and encourages the fostering of social, economic, educational, scientific, and cultural exchanges in order to strengthen mutual economic ties, and improve international understanding and good will.
Resolution Chapter 52, Statutes of 1997
Similar legislation regarding sister state status is SCR 8 (Thompson-D), Resolution Chapter 29, Statutes of 1997, which would extend sister state status to Alberta, Canada, and SCR 58 (Lee-D), extending sister state relationship with Province of Ghana, which is in Senate Rules Committee.
SCR 36 (Alpert-D) Girl Scouts of America: 85th anniversary
Recognizes the celebration of the 85th anniversary of the Girl Scouts of the United States of America, and encourages the people of California to participate in activities and celebrations appropriate to this occasion.
Resolution Chapter 56, Statutes of 1997
SCR 42 (Kopp-I) Implementation: Agreement on Mutual Cooperation
Requests the California Legislature to amend and put into full effect the 1991 "Agreement on Mutual Cooperation" (officially known as the "Agreement of Friendship and Partnership between the State of California, USA, and the Russian Soviet Federative Socialist Republic, USSR").
Resolution Chapter 97, Statutes of 1997
SCR 57 (Lee-D) Sister-state: Western Cape Province, South Africa
Extends an invitation to the people of the Western Cape Province, South Africa, to join California as a sister-state, and to commit to the development of programs to foster social, economic, educational, scientific, and cultural exchanges in order to strengthen economic ties, and improve international understanding and good will between the 2 states.
(In Senate 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.
(In Senate Rules Committee)
SR 12 (Polanco-D) Cinco de Mayo: day of great importance
States that the California State Legislature recognizes May 5, 1997, as Cinco de Mayo (Mexican Independence Day) in California, and encourages the people of California to participate in observances in communities throughout the state.
Adopted
Similar legislation was HR 27 (Bustamante-D), adopted by the Assembly.
SR 20 (Polanco-D) Mexican Independence Day
Seeks to express friendship to the Republic of Mexico, and to its citizens, upon the anniversary of the war of independence, and points to the important role the Mexican culture has played in the development of California.
Adopted
AB 19 (McClintock-R) State government: realignment or closure
Establishes the State Bureaucracy Realignment and Closure Commission, with a specified membership which will be required to submit a report to the Governor that includes a list of state bureaucracies that are proposed to be realigned or abolished, as specified.
(In Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)
AB 84 (Woods-R) State contracts: recycled products: price preferences
Requires all state agencies to give a price preference to products manufactured with "rice straw," as specified.
Vetoed by the Governor
AB 170 (Papan-D) Claims against the state
Enacts the California Prompt Payment Act, requiring state agencies which acquire property or services pursuant to a contract with a business to pay any properly submitted, undisputed invoices within 45 days of receipt, or to automatically calculate and pay the appropriate late payment penalties, as specified. Makes this bill contingent upon enactment of SB 1132 (Polanco-D), which contains similar provisions regarding prompt payment of bills by the state.
Chapter 360, Statutes of 1997
AB 179 (Bowen-D) Public records
States that, notwithstanding the definition of "member of the public," an elected member or officer of any state or local agency is entitled to access to public records of that agency on the same basis as any other person and that it is declaratory of existing law. Incorporates changes made to the California Public Records Act by the Governor's Reorganization Plan of 1991, including adding the State Department of Toxic Substances Control and the Office of Environmental Health Hazard Assessment to the list of state and local bodies that are required to establish written guidelines for accessibility of records.
Vetoed by the Governor
AB 206 (Hertzberg-D) Citizen Complaint Act of 1997
Establishes the Citizen Complaint Act of 1997, and requires state agencies with web sites to provide a form on the web site for individuals to register complaints or comments regarding the agency's performance.
Chapter 416, Statutes of 1997
Similar legislation is SB 492 (Rosenthal-D), Chapter 661, Statutes of 1997.
AB 242* (Honda-D) Emergency homeless shelters
Appropriates $1,062,360 to the Emergency Housing and Assistance Program to help counties pay for operating state armories as homeless shelters.
Chapter 715, Statutes of 1997
Related legislation is SB 255 (Lee-D), Chapter 716, Statutes of 1997, which is the companion bill to this bill.
AB 376 (Baca-D) Public contracts: Department of Transportation
Requires specified public contracts awarded by the State Department of Transportation of $50,000 or over, annually adjusted to reflect the consumer price index, to be awarded through a publicized competitive bidding process involving sealed bids, with each contract being awarded to the lowest qualified bidder.
(In Senate Transportation Committee)
Similar legislation is SB 479 (Alpert-D), which is in Assembly Transportation Committee.
AB 475 (Pringle-R) Office of Permit Assistance: reports
Requires the Trade and Commerce Agency to compile an annual report of the total dollar amount of fees or charges collected or assessed by each state board, agency, or department.
Chapter 719, Statutes of 1997
AB 529 (Baldwin-R) State funds
Provides that revenues derived from the assessment of fines and penalties by any state agency to be deposited in the General Fund, and not be expended unless the Legislature authorizes the expenditure of these funds in the Budget Act or to the State Auditor for financial or performance audits.
(Failed passage in Senate Governmental Organization Committee)
AB 558 (Miller-R) Public works
Provides that any local government that enters into an energy service contract with the State Public Works Board is to include specific contract provisions to meet its energy service contract obligation. Authorizes the State Controller to withhold sufficient payments from specific monies that it would otherwise receive from the state to meets its energy service contract obligation, as specified.
Chapter 234, Statutes of 1997
AB 590 (Ashburn-R) Fairs
Allows the California Exposition and State Fair Board, district agriculture association boards and county boards of supervisors operating county fairs, to enter into sponsoring contracts with corporations and individuals.
Chapter 562, Statutes of 1997
AB 666* (Ortiz-D) State property
Authorizes the Director of General Services to sell to the Capitol Area Devleopment Authority state-owned properties located near the State Capitol for resale to private developers, as specified.
Chapter 262, Statutes of 1997
AB 697 (Davis-D) Trade and Commerce Agency
Requires the Trade and Commerce Agency to be subject to performance-based budgeting. Requires, commencing July 1, 1999, the agency's budget to meet program-specific benchmarks, goals, and objectives, as specified, and that meeting or failing to meet specified program benchmarks will result in either fiscal incentives or sanctions.
(In Assembly Appropriations Committee)
AB 705 (Strom-Martin-D) State recycling
Requires state agencies, until January 1, 2001, to procure recycled automotive lubricants, antifreeze, solvents, and paints, provided such products meet specified fitness and quality standards and are available at the same or lower cost of non-recycled products, as specified.
Vetoed by the Governor
AB 750 (Pacheco-R) Public works contracts: compensation of contractors
Establishes the right of contractors who work on public works contracts to be paid in cases where they have performed work on contracts that are later determined to be void or invalid due to a defect in the competitive bidding process.
(In Senate Judiciary Committee)
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.
(In Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)
Similar legislation is AB 1092 (Goldmith-R), on the Assembly Inactive File, AB 893 (Leach-R), which failed passage in the Assembly Transportation Committee and granted reconsideration, AB 1264 (Poochigian-R), in the Senate Public Safety Committee, SB 776, (Johannessen-R), on the Assembly Inactive File, and SB 1264 (Calderon-D), in the Senate Public Safety Committee.
AB 775 (Martinez-D) Public agencies: state and local funds
Denies state funding to any public agency that knowingly violates any state or local sexual discrimination law.
(Failed passage in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee; reconsideration granted)
AB 782 (Papan-D) Bond acts: finance committees
Consolidates 36 existing general obligation bond financing authorities and committees into 8 new financing authorities, consisting of specified finance committees. Provides that each of the financing authorities established by this bill will be comprised of the Director of Finance, the State Controller, and the State Treasurer.
Vetoed by the Governor
AB 811* (Brewer-R) State contracts: deposit of withheld payments
Deletes the January 1, 1997 sunset date applicable to provisions under the State Contract Act, which allow a public agency to deposit monies retained under a public contract with an approved escrow agent.
Chapter 221, Statutes of 1997
AB 835 (Wright-D) State contracts: low-income workers
Requires the state to award contracts in excess of $200,000 to the lowest responsible bidders that employ at least 5% of their workforce on the contract to persons receiving specified public assistance benefits.
(On Assembly Inactive File)
AB 874* (Takasugi-R) Government finance
Continuously appropriates the proceeds of commercial paper issued in lieu of state bonds to pay the administrative costs of the State Treasurer and the State Controller, and continuously appropriates, from the General Fund, the amount needed to pay interest on such paper and related issuing costs. Permits the University of California (UC) to issue bonds payable from university funds, other than General Fund money, to construct the Equine Drug Testing Laboratory at the University of California at Davis, and exempts the project from Public Works Board review if it is financed by UC.
Chapter 920, Statutes of 1997
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.
(Failed passage in Assembly Utilities and Commerce Committee; reconsideration granted)
AB 885 (Honda-D) Teachers' Retirement Board
Changes the status of 4 members of the State Teachers' Retirement System Board (STRS) from being appointed by the Governor to being elected by members of specified STRS constituent groups.
Vetoed by the Governor
AB 888 (Aroner-D) State contracts: Burma
Prohibits the state, or any state contractor, as a condition of doing business with the state, from also doing business with the military regime of Burma or any entity doing business with Burma.
(In Assembly International Trade and Development Committee)
AB 889 (Gallegos-D) State contracts: budget delays
Requires, from Janaury 1, 1999 to January 1, 2001, any drug, if the manufacturer of the drug agrees to give its best price, that is approved by the federal Food and Drug Administration for treatment of AIDS or HIV, to be deemed to be approved for addition to the formulary of the program, and to be available to patients covered by the program, within 60 days of the office being notified by the manufactuer of approval.
(In Senate Rules Committee)
AB 894 (Napolitano-D) State government
Specifies that the State World Trade Commission is an advisory body, sets forth a restructuring plan for the International Trade and Investment Division of the Trade and Commerce Agency, and establishes the International Trade and Investment Account in the State World Trade Commission Fund to fund the activities of the Office of International Relations.
(In Assembly International Trade and Development Committee)
AB 915 (Baugh-R) Liability: recreational activities
Adds "in-line skating by an adult" to the list of "hazardous recreational activities" for which public entities and their employees are not liable.
Chapter 805, Statutes of 1997
AB 940 (Miller-R) Public works: contracts: retention proceeds
Imposes limitations on the amount of funds a public entity may retain on a public works project entered into on or after January 1, 1998, and prohibits contractors or subcontractors from withholding a greater percentage than is withheld by the public entitiy, as specified.
Vetoed by the Governor
AB 960 (Wright-D) State facilities
States that it is the policy of the state to relocate state agencies into state-owned space whenever feasible and where the relocation does not remove the agency more than 5 miles from its previous location, applicable to any location or property acquisition that occurs after January 1, 1998. States that it is the policy of the state that all state agencies, including the University of California and the California State University, to utilize state-owned facilities whenever feasible for short-term, periodic, or occasional events. Provides that this does not apply to state development activities relating to the Capitol Area Plan.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
AB 980* (Ashburn-R) State budgets
Requires the State Department of Finance to meet annually with counties to discuss budget issues of concern to counties, and the impact of the issues on county revenues.
Vetoed by the Governor
AB 1021 (Caldera-D) Korean American Museum: funding
Appropriates $500,000 to the State Controller for allocation, as a grant, to the governing board of the Korean American Museum to develop a permanent location for the museum in Los Angeles, on the condition that the State Controller determines that $250,000 is matched by local government and $500,000 is matched by the private sector.
(In Senate Appropriations Committee)
AB 1092 (Goldsmith-R) Subletting and Subcontracting Fair Practices Act
Provides that any information requested by an 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 closing.
(On Assembly Inactive File)
AB 1097 (Assembly Governmental Organization Committee) Open meetings
Extends, indefinitely, the authority of state bodies to conduct meetings by teleconference by deleting an existing January 1, 1998 sunset date.
Chapter 52, Statutes of 1997
Similar legislation is SB 95 (Ayala-D), Chapter 949, Statutes of 1997.
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.
(In Assembly Consumer Protection, Governmental Efficiency and Ecomomic Development Committee)
Similar legislation is SB 1132 (Polanco-D), which is in the Senate Governmental Organization Committee.
AB 1159 (Bowen-D) Alternative Protest Pilot Project
Establishes the Alternative Protest Pilot Project to be administered by the State Department of General Services (DGS) as an alternative to existing protest procedures. Authorizes any state department or agency, until December 31, 1999 or earlier, to use these solicitation and alternative procedures if (1) the contracting department agrees to participate, and (2) DGS indicates that a proposed solicitation shall be conducted as part of the pilot project.
Chapter 762, Statutes of 1997
AB 1170 (Kaloogian-R) State regulatory agencies created by statutes
Requires the Bureau of State Audits, by January 1, 2004, to conduct a performance audit of each regulatory agency, with specified exceptions. Specifies that, after the audit report is completed, the bureau will hold a public hearing to review the report and requires a copy of the report to be made available to the Legislature and the Governor.
(In Assembly Appropriations Committee)
Similar legislation is AB 1393 (Alquist-D), which is in the Assembly Appropriations Committee.
AB 1198* (Hertzberg-D) "311" Nonemergency Telephone System Pilot Project
Requires the State Department of General Services (DGS) to conduct a pilot project evaluating two alternatives for reducing nonemergency calls through the "911" system by implementing a "311" nonemergency telephone system and improved marketing of current nonemergency telephone numbers.
Chapter 887, Statutes of 1996
AB 1293 (Bowen-D) Geographic information systems
Requires the State Resources Agency to establish and administer a program to allocate grants to public entities and private-public partnerships to develop and maintain databases which provide geographic information to the public. Requires an 11-member panel to be established to advise the agency on program policies and to recommend grant awards, as specified. Expresses intent that funding for the program is to be included in the Budget Act.
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 10% of state ceiling for exempt facilities, as specified.
(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.
(In Assembly Appropriations Committee)
Similar legislation is AB 1170 (Kuykendall-R), which is in the Assembly Appropriations Committee.
AB 1475 (Bordonaro-R) Space industry
Repeals existing provisions of law that designate the Western Commercial Space Center as the California Spaceport Authority with specified duties and responsibilities, and, instead, provides that the "California Space and Technology Alliance" shall function as the authority, as specified.
Chpater 938, Statutes of 1997
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.
(In Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)
AB 1547 (Davis-D) State government
Enacts changes to state law relating to unclaimed property, overpayments, and other specified provisions relating to the State Board of Control and the State Controller.
Chapter 653, Statutes of 1997
AB 1564* (Assembly Budget Committee) Claims against the state
Appropriates $840,350.60 from various funds and accounts of the state according to a specified schedule, to the Executive Officer of the State Board of Control to pay claims accepted by the State Board of Control.
Chapter 407, Statutes of 1997
AB 1585 (Aroner-D) State government
Extends for 2 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.
(On Assembly Inactive File)
AB 1586* (Wright-D) State administration
Makes the necessary statutory changes to the Budget Act of 1997 relative to state administration. (This bill was used as a Budget Trailer Bill).
Chapter 300, Statutes of 1997 - Item Veto
AB 1602 (Migden-D) Transferred or leased public assets
Provides that when the assets of a medical center owned by the state are transferred or leased to a private corporation, those assets shall be subject to continued "oversight" by the Legislative Analyst, the Budget Committee of the Senate and the Assembly, and the Joint Legislative Audit Committee.
Vetoed by the Governor
Similar legislation was SB 1350 (Burton-D), Chapter 927, Statutes of 1997, SB 1351 (Burton-D), on the Assembly Inactive File, and AB 1601 (Sehlley-D), Chapter 925, Statutes of 1997.
AB 1607* (Assembly Budget Committee) Claims against the state
Appropriates $13,357,884 from the General Fund to settle 2 related lawsuits filed against the State Department of Food and Agriculture.
Chapter 307, Statutes of 1997
ACA 3 (Murray-D) Civil Rights Initiative of 1998
Expresses a finding regarding the diversity of the state's population. Amends the California Constitution by adding the Civil Rights Initiative of 1998, which 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.
(In Assembly Judiciary Committe)
ACA 6 (Thompson-R) State and local government: borrowing
Amends the California Constitution to provide that the state and all local government agencies, including existing joint powers authorities, redevelopment agencies, and special districts, are subject to an initial limitation of indebtedness of 110% of the aggregate total indebtedness of all government agencies under a newly created debt management authority.
(Failed passage in Assembly Revenue and Taxation Committee; reconsideration granted)
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.
(In Assembly Banking and Finance Committee)
ACA 16 (Goldsmith-R) Lieutenant Governor
Deletes absence from the state as one of the bases upon which the Lieutenant Governor is required to act as Governor.
(Failed passage in Assembly Governmental Organization Committee; reconsideration granted)
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 it is demonstrated that the 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.
(In Assembly Judiciary Committee)
ACR 5 (Richter-R) Official State Fife and Drum Corps
Designates the California Consolidated Drum Band as the official State Fife and Drum Corps of California.
Resolution Chapter 58, Statutes of 1997
ACR 7 (Cunneen-R) Random Acts of Kindness Week
Declares the week of February 10 through February 16, 1997, to be recognized as Random Acts of Kindness Week, and urges the public to observe this week with appropriate individual or group activities.
Resolution Chapter 1, Statutes of 1997
ACR 8 (Honda-D) Day of Remembrance: Japanese Internment Camps
Declares February 19, 1997, as a Day of Rememberance in order to increase public awareness of the events surrounding the internment of Japanese Americans during World War II.
Resolution Chapter 4, Statutes of 1997
ACR 9 (Murray-D) Black History Month
Proclaims February of each year as Black History Month.
Resolution Chapter 7, Statutes of 1997
ACR 11 (Honda-D) Vietnamese Community in Santa Clara County Week
Proclaims the week of February 2 through February 9, 1997 as "Vietnamese Community in Santa Clara County Week" to honor the contribution and achievements of the state's Vietnamese population.
Resolution Chapter 2, Statutes of 1997
ACR 16 (Wright-D) Absolutely Incredible Kid Day
Declares March 20, 1997 as Absolutely Incredible Kid Day.
Resolution Chapter 13, Statutes of 1997
ACR 17 (Bustamante-D) Public works projects: prevailing wage rate
States that the Legislature declares that actions by the State Department of Industrial Relations to change the method of determining prevailing wages on public work projects are contrary to its statutory authority and the intent of the Legislature.
Resolution Chapter 34, Statutes of 1997
ACR 18 (Wildman-D) Irish American Heritage Month
Designates the month of March as Irish American Heritage Month, in honor of the outstanding contributions of Irish Americans throughout the history of the United States.
Resolution Chapter 11, Statutes of 1997
ACR 31 (Morrissey-R) Grandchildren's Week
Proclaims the week of June 22 through June 28, 1997, as Grandchildren's Week in California.
Resolution Chapter 49, Statutes of 1997
ACR 38 (Davis-D) California Holocaust Memorial Week
Designates the week of May 4 through May 10, 1997, as California Holocaust Memorial Week, and urges Californians to observe these days of rememberance for the victims of the Holocaust in an appropriate manner.
Resolution Chapter 28, Statutes of 1997
ACR 41 (Olberg-R) National Day of Prayer
Marks May 1, 1997 as "National Day of Prayer" and calls upon the people of California, each according to his or her own faith, to gather together that day in homes and places of worship to pray for the unity of the hearts of all mankind.
Resolution Chapter 35, Statutes of 1997
ACR 43 (Murray-D) State investments
Encourages the Board of Administration of the State Public Employees' Retirement System, the State Treasurer, and the executive management of any state agency that does business with Swiss banking interests, to call upon the management of those interests to publicly release all information relative to the personal accounts of Jews that have remained dormant since World War II. Asks for the release of all information regarding financial transactions between the Swiss and the German Nazi Government, as specified.
Resolution Chapter 90, Statutes of 1997
ACR 51 (Kaloogian-R) Armenian Genocide: Day of Remembrance
Designates April 24, 1997 as "California Day of Rememberance for the Armenian Genocide of 1915-1923, and for the Victims of the Sumgait Pogroms of 1988 and Baku Riots of 1990." Calls upon the people of California to use vigilance to ensure the peaceful settlement of the Nagorno Karabah conflict while protecting the security of the Armenians in the Republic of Nagorno Karabagh.
Resolution Chapter 36, Statutes of 1997
ACR 56 (Honda-D) Asian and Pacific Islander American Heritage Month
Commends Asian and Pacific Islander Americans for their accomplishments and service to the State of California, and declares the month of May 1997 as Asian and Pacific Islander American Heritage Month.
Resolution Chapter 56, Statutes of 1997
ACR 59 (Woods-R) Big Bar and Big Flat Historical Monument
Requires the issuance of an encroachment permit by the State Department of Transportation authorizing the placement of an appropriate historical monument and plaque dedicated to the communities of Big Bar and Big Flat on State Highway Route 299.
Resolution Chapter 76, Statutes of 1997
ACR 74 (Kaloogian-R) Workplace Fitness Month
Designates October 1997 as Workplace Fitness Month.
