,, Around The Capitol
Around The Capitol
Around The Capitol

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THE NOONER for October 3, 2011

[jump to the headlines]

Wow...over 3,200 subscribers. As you'll see, I've been playing with the format of The Nooner. I guess I'll keep getting up at 4:45.

Let me know if you have any problems in your e-mail reader, and also let me know what you want more/less of in your daily read.


  • SD09 (Alameda) - Updated analysis
  • AD61 (Riverside) - Removed Michael Soubirous (D) - running for supervisor instead

TWEET OF THE DAY: @tedlieu "Sea bass population down 90%. lat.ms/mZ4KJN Why folks not activated? I suspect b/c, unlike shark fin, no minority group to pick on." (aroundthecapitol=fair and balanced on AB 376)


@SutterBrown: "Did you know that Corgis love to F.R.A.P.? All you ever wanted to know about my kind: www.youtube.com/watch?v=EqCgFPV-8SM #cafirstdog"

@steve4jerry: "@SutterBrown FRAP: Franticaly running and playing. Obviously. FRAP is good. GPOC is bad (Going Pee On Carpet). Please work on this."

@SutterBrown:@steve4jerry That fake grass on the patio throws me off my game. What is that stuff? More park walks & frap opps please.

Are we really entertained by a tweet exchange between an anonymous represententation of the governor's dog and the governor's campaign manager? Yes, my friends, yes we are.

THE BILLS -- WWJD: After actions on Friday and yesterday, I count 395 bills on the governor's desk, with six days to go before the October 9 deadline. What Will Jerry Do with these on my top 20 to watch list?

The list is an assortment of bills that test Jerry on policy and politics. In some cases, it's a fight among common friends, and in others it's clear where the Democratic Party sits, but don't assume that Jerry will always toe the party line.

One thing is certain--this will be a fascinating week.

20. SB 136 (Yee): Public contracts: prevailing wages.
- labor v. local government and business

19. AB 1182 (Roger Hernandez): CalWORKs eligibility: asset limits: vehicles.
- advocates for the poor v. advocates for fiscal discipline

18. AB 22 (Mendoza): Employment: credit reports.
- consumers groups and labor v. the Chamber and credit reporting agencies

17. AB 267 (Swanson): Employment contracts.
- labor and trial lawyers v. the Chamber

16. SB 676 (Leno): Industrial hemp.
- farmers, environmentalists and Seth Rogen v. law enforcement

15. SB 791 (Simitian): Health care: mammograms.
- ta-tas v. doctors

14. SB 397 (Yee): Online voter registration.
- Dems v. Reps

13. SB 746 (Lieu): Tanning facilities.
- health community v. nanny state and tanning salons

12. SB 161 (Huff): Schools: emergency medical assistance: administration of epilepsy medication.
- moms of sick kids and school districts v. California Nurses Association and California Teachers Association

11. AB 144 (Ammiano and Portantino): Firearms.
- cops and gun violence groups v. NRA

10. AB 809 (Feuer): Firearms.
- ditto v. ditto

9. AB 210 (Roger Hernández): Maternity services./SB 222 (Alquist and Evans): Maternity services.
- policy: babies v. health insurers
- politics: Noreen Evans v. Roger Hernandez

8. AB 183 (Ma): Alcoholic beverage licenses: self-service checkouts.
- MADD, labor and cops v. Fresh & Easy, the Chamber and the Grocers

7. SB 185 (Hernandez): Public postsecondary education.
- education and civil rights groups v. Ward Connerly and conservative bakers

6. SB 833 (Vargas): Solid waste: disposal facilities: San Diego County.
- tribes and environmentalists v. counties, labor and waste industry

5. AB 376 (Fong and Huffman): Shark fins.
- the authors, Jennifer Fearing and Bill Wong v. Leland Yee, Ted Lieu and gelatinous gourmands

4. AB 353 (Allen and Cedillo): Vehicles: checkpoints./AB 1389 (Allen): Vehicles: sobriety checkpoints: impoundment.
immigrants rights groups v. police organizations

3. SB 469 (Vargas): Land use: development project review: superstores.
- labor v. Wal-Mart, Chamber and local government

2. AB 131 (Cedillo): Student financial aid.
immigration rights and education groups v. John and Ken

1. SB 202 (Hancock): Elections: ballot measures.
- Dems, labor and voter reform groups v. Reps and critics of guts and amends

You will note that all but one of the bills are authored by Democrats. Of the 395 enrolled bills remaining, only 41 are authored by Republicans, and those that made it to the governor's desk in most cases were noncontroversial.

That's my list. Do you have others? E-mail scott@scottlay.com or tweet with the hashtag #cahotbills.

THE SLEEPING DOG: @Steve4Jerry: "Bill review is exhausting. Sutter is down. Not good for shark fin supporters. twitpic.com/6t2ug6"

THE NUMBER: 7.8% - percent of state General Fund required to fund debt payments, according to state treasurer Bill Lockyer

THE NUMBER IN CONTEXT: Debt per capita: California, $2,542; national median, $1,066; 10-state median, $1,089.

THE DRAMA: Arnold Schwarzenegger, on being governor: "'You have to realize the thing was so much fun!' he says. 'We had a great time! There were times of frustration. There were times of disappointment. But if you want to live rather than just exist, you want the drama.'"

THE NEW GOVERNOR'S DRAMA: Creative, sometimes snarky, sometimes plain-spoken, signing messages, like this one on SB 769.

"I am signing SB 769 which allows for a dead mountain lion to be stuffed and displayed.

"This presumably important bill earned overwhelming support by both Republicans and Democrats.

"If only that same energetic bipartisan spirit could be applied to creating clean energy jobs and ending tax laws that send jobs out of state."

THE WAIT: It now seems that we won't hear anything from Dennis Cardoza, David Dreier, or Jerry Lewis until there is at least some direction from the California Supreme Court on the congressional redistricting lawsuit. This case, along with the other case pending with Tani's court challenging the State Senate districts could result in all of the districts being thrown out and redrawing them anew for next year. In contrast, if the referendum qualifies, the Commission's State Senate districts stand for next year and voters would have an option to vote "Yes" to retain the Commission's districts or "No" to accept districts drawn by the California Supreme Court. 

THE WOMAN LYING IN WAIT: California exits foreclosure talks - Kamala Harris finds the headline advantage that comes with the office of AG
THE OTHER MAN LYING IN WAIT: Still asking dad for money. 

THE CHALLENGE: Swanson may challenge Hancock for state Senate 
The possible showdown is not a new story, as we've had it on the SD09 page basically since the districts came out. However, a lot of people have urged Sandré Swanson to pass on the challenge of Loni Hancock, and many insiders thought it would be worked out by now.

Josh Richman writes: "Senate Democratic leaders are trying to dissuade Swanson, D-Alameda, from seeking the seat when he's term-limited out of the Assembly next year: They commissioned and released a poll showing Hancock, D-Berkeley, trouncing Swanson in the newly drawn 9th State Senate District."

"The poll shows 44 percent of the district's likely voters support Hancock, 18 percent support Swanson, 8 percent support other candidates and 31 percent are unsure. Goodwin Simon Strategic Research conducted the telephone survey of 402 likely voters Sept. 24 through Sept. 27; the margin of error is 5 percentage points.

"Swanson doesn't sound dissuaded.

"I've talked to my wife and obviously I'm seriously considering this run,' he said late Thursday after reviewing the poll. 'I am approaching a final decision and I'll be making an announcement about my plans within the coming weeks."

THE REALITY: Even with 3 million public college and university students, it's nearly impossible to qualify a ballot measure on a volunteer/small-money basis in California. Friday's deadline for the oil severence tax to fund K-12 through universities came and went without a submission of signatures by the proponents. The measure was supported by the student governments of the three segments and by several unions, but nobody really kicked in any dough.

THE FAILED DELIVERY: www.scottlay.com/sacbeefail.png 

THE BONUS ROUND: While it has nothing to do with state politics, last week's This American Life is a must-listen. Without giving too much away, it's a fascinating story of "P.I. Moms" in Contra Costa County, with a very interesting twist. 

Signed Bills

(Note: several bills were acted on late yesterday and are thus not reflected in LegInfo or on atc's free bill tracking.)

  • AB 89 by Assemblymember Jerry Hill (D-South San Francisco) – County employees' retirement.
  • AB 136 by Assemblymember Jim Beall (D-San Jose) – Telecommunications: universal service: speech disabilities.
  • AB 156 by Assemblymember Ricardo Lara (D-South Gate) – Gambling control.
  • AB 215 by Assemblymember Jim Beall (D-San Jose) – Emergency services: Emergency Medical Air Transportation Act.
  • AB 270 by Assemblymember Henry Perea (D-Fresno) – Satellite wagering.
  • AB 313 by Assemblymember William Monning (D-Santa Cruz) – Residential care facilities for the elderly.
  • AB 332 by Assemblymember Betsy Butler (D-Marina Del Rey) – Elder abuse.
  • AB 396 by Assemblymember Holly J. Mitchell (D-Los Angeles) – Medi-Cal: juvenile inmates.
  • AB 431 by Assemblymember Fiona Ma (D-San Francisco) Retired public accountants.
  • AB 436 by Assemblymember Jose Solorio (D-Santa Ana) – Public works: labor compliance.
  • AB 507 by Assemblymember Mary Hayashi (D-Hayward) – Controlled substances: pain management.
  • AB 536 by Assemblymember Fiona Ma (D-San Francisco) – Physicians and surgeons.
  • AB 574 by Assemblymember Bonnie Lowenthal (D-Long Beach) – Program of All-Inclusive Care for the Elderly.
  • AB 634 by Assemblymember Alyson Huber (D-El Dorado Hills) – Vertebrate pest control: carbon monoxide.
  • AB 655 by Assemblymember Mary Hayashi (D-Hayward) – Healing arts: peer review.
  • AB 678 by Assemblymember Richard Pan (D-Sacramento) – Medi-Cal: supplemental provider reimbursement.
  • AB 697 by Assemblymember V. Manuel Pérez (D-Coachella) – Veteran: acquisition of home: interest of record.
  • AB 768 by Assemblymember Mike Gatto (D-Burbank) – Male circumcision.
  • AB 930 by Assemblymember Richard Gordon (D-Redwood City) – The California Building Standards Commission.
  • AB 946 by Assemblymember Bonnie Lowenthal (D-Long Beach) – Public contracts: Los Angeles County: regional interoperable communications system.
  • AB 1024 by Assemblymember Ben Hueso (D-Chula Vista) – Insurance: low-cost automobile insurance: sales.
  • AB 1053 by Assemblymember Richard Gordon (D-Redwood City) – Local government: penalties and fees.
  • AB 1059 by Assemblymember Jared Huffman (D-San Rafael) – Emergency medical care.
  • AB 1084 by Assemblymember Mike Davis (D-Los Angeles) – Veterans' farm and home purchases: shared equity cooperative housing.
  • AB 1090 by Assemblymember Robert Blumenfield (D-Van Nuys) – Taxation: property tax deferment.
  • AB 1097 by Assemblymember Nancy Skinner (D-Berkeley) – Transit projects: domestic content.
  • AB 1164 by Assemblymember Richard Gordon (D-Redwood City) – Federal transportation funds.
  • AB 1222 by Assemblymember Mike Gatto (D-Burbank) – California Housing Finance Agency.
  • AB 1288 by Assemblymember Richard Gordon (D-Redwood City) – Public guardians and conservators: authority: property held in trust.
  • AB 1293 by Assemblymember Robert Blumenfield (D-Van Nuys) – Elder abuse: theft or embezzlement: restitution.
  • AB 1350 by Assemblymember Ricardo Lara (D-South Gate) – Property taxation: override rates: validation by auditor.
  • AB 1403 by Committee on Judiciary – Civil actions.
  • AB 1407 by Committee on Judiciary – Liability: social hosts: alcoholic beverages.
  • AB 1416 by Committee on Insurance – Insurance omnibus.
  • AB 1418 by Assemblymember Isadore Hall (D-Los Angeles) – Tribal gaming: compact ratification.
  • AB 1420 by Committee on Governmental – Organization Emergency Management Assistance Compact.
  • AB 1425 by Committee on Insurance – Insurance.
  • SB 20 by Senator Alex Padilla (D-Pacoima) – Food facilities: menu labeling.
  • SB 33 by Senator Joe Simitian (D-Palo Alto) – Elder and dependent adult abuse.
  • SB 36 by Senator Joseph Simitian (D-Palo Alto) – County Health Initiative Matching Fund.
  • SB 146 by Senator Mark Wyland (R-Escondido) – Healing arts: professional clinical counselors.
  • SB 163 by Senator Noreen Evans (D-Santa Rosa) – Attorneys: board of trustees: annual membership fee.
  • SB 194 by Committee on Government and Finance – Local government: omnibus bill.
  • SB 337 by Senator Christine Kehoe (D-San Diego) – Tenancy: political signs.
  • SB 360 by Senator Mark DeSaulnier (D-Concord) – Controlled Substance Utilization Review and Evaluation System.
  • SB 363 by Senator Bill Emmerson (R-Riverside) – Marriage and family therapists.
  • SB 384 by Senator Noreen Evans (D-Santa Rosa) – Civil actions.
  • SB 420 by Senator Ed Hernandez (D-Los Angeles) – Synthetic cannabinoid compounds.
  • SB 540 by Senator Curren Price (D-Los Angeles) – Dentistry.
  • SB 550 by Senator Alex Padilla (D-Pacoima) – Business: manufactured optical discs.
  • SB 551 by Senator Mark DeSaulnier (D-Concord) – State property: tidelands transfer: City of Pittsburg.
  • SB 599 by Senator Christine Kehoe (D-San Diego) – Life insurance: retained-asset account.
  • SB 602 by Senator Leland Yee (D-San Francisco) – Reader Privacy Act.
  • SB 621 by Senator Ronald Calderon (D-Montebello) – Insurance: life: disability: discretionary clauses.
  • SB 658 by Senator Gloria Negrete-McLeod (D-Chino) – Licensed funeral establishments: price list: Internet posting.
  • SB 704 by Senator Gloria Negrete-McLeod (D-Chino) – Healing arts: licensees: Board of Behavioral Sciences.
  • SB 712 by Committee on Insurance – Insurance.
  • SB 718 by Senator Juan Vargas (D-San Diego) – Elder and dependent adult abuse: mandated reporting.
  • SB 739 by Senator Alan Lowenthal (D-Long Beach) – Ports: congestion relief: air pollution mitigation.
  • SB 806 by Committee on Veterans Affairs – State employees: military leave: salary overpayment.
  • SB 813 by Committee on Veterans Affairs – Public postsecondary education: veterans' enrollment.
  • SB 824 by Senator Gloria Negrete-McLeod (D-Chino) – Opticians: regulation.
  • SB 860 by Committee on Natural Resources and Water – Tidelands and submerged lands: public trust lands: mineral rights.
  • SB 869 by Senator Leland Yee (D-San Francisco) – Automotive repair dealers: airbags.
  • SB 897 by Senator Mark Leno (D-San Francisco) – Residential care facilities for the elderly.
  • SB 944 by Committee on Business, Professions and Economic Development – Business and professions.
  • SB 945 by Committee on Health – Medi-Cal: electronic records.

Signed with message

  • SB 769 by Senator Jean Fuller (R-Bakersfield) – Mountain lions: display, exhibition, or storage. [signing message]
  • SB 922 by Senator Darrell Steinberg (D-Sacramento) – Public contracts: public entities: project labor agreements. [signing message]

Vetoed Bills

  • AB 129 by Assemblymember Jim Beall (D-San Jose) – Local government: fines and penalties: assessments. [veto message]
  • AB 952 by Assemblymember Brian Jones (R-La Mesa) – High-speed rail. [veto message]
  • AB 1147 by Assemblymember Mariko Yamada (D- Davis) – Dependent children: status reports. [veto message]
  • SB 590 by Senator Ronald Calderon (D-Montebello) – Life insurance.[veto message]
  • SB 671 by Senator Curren Price (D-Los Angeles) – Shorthand reporters: continuing education requirements. [veto message]
  • SB 834 by Senator Lois Wolk (D -Davis) – Integrated regional water management plans: contents. [veto message]

 and, it's time for the headlines...

Rick Orlov: Speculation Under Way About Brown
Rick Orlov @
Will he or won't he? The question is already being posed about whether Gov. Jerry Brown will seek another term, before he even completes his first year in the first term of his return to the office.

School Pensions: An Argument For Not Bargaining?
Ed Mendel @
As state and local governments in California face soaring public pension costs, unions insist that cost-cutting changes must be bargained, not imposed by legislation.

House Sets Up Battle on Labor, Education and Health Funding
A Republican bill would curtail spending on the health care law, Planned Parenthood, Pell grants and Race to the Top education incentives.

Durkee's Lifestyle Didn't Square With The Allegations Against Her
John Hoeffel @
The politicians and consultants who trusted the Long Beach resident with millions of dollars saw little to hint that she might become vilified as the 'Bernie Madoff of campaign finance treasurers.'

Fiona Ma's Words Echo Book On California Capitol
Dan Walters @
Bill Richardson was a very conservative Republican state senator from Southern California who single-handedly changed the political dynamics of his house - although whether for better or worse is still debated.

The Redistricting Report for 10-03-11
Paul Mitchell @
Friday's redistricting conference held at UC Berkeley was like Festivus for Redistricting nerds.

Brown Signs Bills On Male Circumcision And Synthetic Pot
Anthony York @
The bill sponsored by Assemblyman Mike Gatto aims to 'protect parental rights and liberties.' The governor also signed a bill creating penalties for the sale of synthetic cannabis.

Jerry Brown Signs Bill Protecting Project Labor Agreements
Dan Smith @
Gov. Jerry Brown has signed a labor-sponsored bill designed to protect project labor agreements from blanket bans imposed by local officials or initiatives, his office announced today.

Lawmakers Want to End Tax Breaks, if They Can Agree What They Are
Talk of cutting tax breaks to raise money and reduce the debt has become a mantra in Washington, but it threatens a favorite political tool of lawmakers on both sides of the aisle.

Jerry Brown's seals safe in GOP hands after car wrecked
David Siders @
Two of Gov. Jerry Brown's official seals were in the care of a Republican legislative staffer after a car belonging to Brown's chief deputy press secretary, Elizabeth Ashford, was totaled in a crash on Saturday near the Capitol.

GOP Latino Fail: Party Ignored Stu Spencer’s Advice
“The dynamic today is that we have a single point of discussion in this country between Republicans and Latinos, which is immigration,” Del Beccaro he said recently. “As important as that is, so are jobs, so is education and so are public safety. And the fact that we don’t have ongoing discussions with them on these other categories is our fault and what needs to change.”

Guards' union makes first $500,000 deposit while appealing lawsuit
Jon Ortiz @
Last month, the California Correctional Peace Officers Association made its first court-ordered $500,000 deposit while it appeals a multimillion-dollar defamation case that it lost last year.

Reform Group Argues Against Tax Break For Political Committees
Chase Davis @
A campaign finance reform organization has sent a letter to the Internal Revenue Service challenging the tax-exempt status of four high-profile political committees, including one that recently made headlines in California.

Big Catches Mask Dwindling Numbers Of Sea Bass
Tony Barboza @
The populations of kelp bass and barred sand bass have plummeted by 90% since 1980, a study says. Overfishing and warmer ocean temperatures are blamed. But sport-fishing boats have been able to keep their catch rates high in part because they have targeted bustling spawning grounds.

Restless House Republican Members Pointing Fingers At One Another
Meghashyam Mali @
House Republicans return to Washington this week a restless bunch in the wake of an embarrassing legislative defeat and months before they face primary voters in the 2012 election.

Poll: Voters trust local government
Tim Mak @
But the same cannot be said about the federal government, the Gallup survey finds.

New Age Arrives At Food Closets As More Seniors Seek Help To Avoid Hunger
Terry Bradburn, 64, left, and her brother Vincent Venezia, 60, line up for food packages Thursday at Liberty Ministries Christian Fellowship in Sacramento.

Brown signs bills on male circumcision and synthetic pot
Anthony York @
The circumcision bill, sponsored by Assemblyman Mike Gatto, aims to 'protect parental rights and liberties.' The governor has until Oct. 9 to decide on the many bills on his desk.

Using Tech To Battle STDs
Matthew Perry @
As public health budgets are slashed, and money for sex education and outreach evaporates, California public health officials are slowly introducing new technologies including texting and computer-based training to combat climbing rates of STDs.

Supreme Court set to open crucial term
WASHINGTON -- The Supreme Court on Monday opens one of its most anticipated terms, in which the justices could strike down President Barack Obama's health care law, empower local police to arrest illegal immigrants and declare an end to affirmative action in colleges and universities.