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THE NOONER for July 11, 2012

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HOLD THE PRESSES: Don't print that campaign lit for your proposition yet, as the numbers may still change. The Third District Court of Appeal, based in Sacramento, accepted the appeal by the Howard Jarvis Taxpayers Association and has asked Debra Bowen to respond by July 30. The HJTA suit challenges that the Legislature's use of the budget trailer bill provision in approving AB 1499 by a majority vote was unconstitutional.

THE ASSEMBLY PLAYING FIELD - Here are the races that I consider possible for party-changes in November, in order of competitiveness. Dems will likely have between 49 and 54 seats, and reaching the two-thirds threshhold would require them to run the tables, considered extremely unlikely with current turnout modeling.

8. AD22 (Leans Dem - Santa Clara - seat currently Dem) Paul Fong (D) v. Chad Walsh (N)

7. AD44 (Likely Rep - Ventura - seat currently Rep) Jeff Gorell (R) v. Eileen MacEnery (D)

6. AD40 (Leans Rep - Redlands - seat currently Rep) Mike Morrell (R) v. Russ Warner (D)

5. AD66 (Leans Rep - Torrance - seat currently Dem) Craig Huey (R) v. Al Muratsuchi (D)

4. AD21 (Leans Dem - Merced - seat currently Dem) Adam Gray (D) v. Jack Mobley (R)

3. AD61 (Leans Dem - Riverside - seat currently Rep) Bill Batey (R) v. Jose Medina (D)

2. AD08 (Toss-up - East Sacto - seat currently Dem) Ken Cooley (D) v. Peter Tateishi (R)

1. AD32 (Toss-up - Kings - seat currently Rep) Pedro Rios v. Rudy Salas (D)

Tomorrow I'll rank the hottest intra-party battles.

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Advanced Public Sector Labor Relations: From Collective Bargaining to Arbitration - What Public Sector Employers Need to Know

Kronick Moskovitz's 2012 Labor Relations seminar will be held on July 12 at the Courtyard Hotel Sacramento Cal Expo. Join our Labor & Employment and Education law attorneys for this half-day seminar focusing on topics pertinent to all public employers, including the latest legal developments and court decisions governing public sector labor relations in California.

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SAN BERDON'T: The city of San Bernardino became the latest city to make the move toward bankruptcy. The city council voted yesterday to authorize the city's attorney to begin the Chapter 9 filing process, following last months filings of Stockton and Mammoth Lakes.

The key graf: City Attorney James F. "Penman also said at the meeting that for 13 of the last 16 years, the council had been given falsified budget documents. Those documents said the city was in the black when, in fact, it had been deficit spending, he said."

Who's next?

SAN FERNANDO FOLLIES: San Fernando Councilmember Mario Hernandez, who announced from the dais last November in the presence of his wife that he was having an affair with fellow councilwoman Maribel de la Torre, stepped down from the council last night. Hernandez and de la Torre had gotten restraining orders against each other following a June 28 confrontation.

PAY ATTENTION TO ME!!! Man attacks girlfriend with hot sauce over reading 50 Shades of Gray 

TOP HEADLINES ON AROUNDTHECAPITOL.COM AS OF 12:00PM
California Appeals Court To Review Ballot Change That Put Jerry Brown's Measure On Top
Kevin Yamamura @
sacbee.com
A California appellate court will examine whether Democratic lawmakers violated the state constitution by using a majority-vote budget bill to move Gov. Jerry Brown's tax initiative to the top of the November ballot.

Jerry Brown Says California Public Pension Reform Won't Be On November Ballot
Jon Ortiz @
blogs.sacbee.com
Gov. Jerry Brown has backed away from his earlier call for legislators to put a pension-change measure on the November ballot, although the administration is continuing to push for statutory changes.

California Deficit $1 Billion Smaller, Controller Says
Michael P. Marois @
bloomberg.com
California ended its fiscal year with a shortfall that was $1 billion less than Governor Jerry Brown estimated in May, after the most-populous U.S. state collected more taxes and spent less in June than projected.

California appeals court to review Jerry Brown ballot change
Kevin Yamamura @
blogs.sacbee.com
A California appellate court will examine whether Democratic lawmakers violated the state constitution by using a majority-vote budget bill to move Gov. Jerry Brown's tax initiative to the top of the November ballot.

Jerry Brown's Tax Plan Has A Downside
Dan Walters @
sacbee.com
Whatever its other attributes or deficiencies may be, Gov. Jerry Brown's tax increase on the November ballot would make the state budget more dependent on personal income taxes and on the relative handful of wealthy Californians who pay most of those taxes.

How Will Jerry Brown's Big Goals Impact Support For Tax Plan?
latimesblogs.latimes.com
Gov. Jerry Brown's push for higher taxes could be complicated by two of his other central goals -- pension changes for public employees and the construction of a high-speed rail line. Two recent Field Polls suggest that each issue may...

Money Flows In Battle Against Health Reform
Dan Morain @
sacbee.com
House Republicans today plan to take what for now will be a symbolic vote to repeal President Barack Obama's Affordable Care Act, as a national campaign group backed by Aetna Insurance attacks Democrats over their health care stand.

S.F. City College Trustees Try To Calm Fears
Nanette Asimov @
sfgate.com
A long, bright future is ahead for City College of San Francisco, but it's going to take a lot of hard work to get there. That was the message Tuesday from the school's board and interim Chancellor Pamila Fisher, who met in public for the first time since last week's revelation that the 90,000-student school is so poorly run that it could lose its accreditation and close next year.

Changes Coming To Board That Has Been Haven For Ex-lawmakers
Jim Sanders @
blogs.sacbee.com
Changes are coming to a state board that pays members $128,000 per year and has been a haven in years past for termed-out legislators appointed by the governor or legislative leaders.

Brown's Veto Throws Wrench In Avid College Prep Program
John Fensterwald @
edsource.org
Legislators thought they had protected funding for AVID. Instead of making a separate General Fund appropriation for it, as they had for years, lawmakers made room for it in the Proposition 98 allocation, thereby saving non-education dollars. But Brown killed the money anyway with a line-item veto, following through on a threat he first made in January and dismaying program supporters. They questioned the need for the veto and its timing, shifting one more financial burden to districts, forcing them to make untenable choices.

Court asks state official why she put Brown's tax item atop ballot
Anthony York @
latimes.com
A judge tells Secretary of State Debra Bowen to explain her actions in writing by July 30 or undo the ballot order she set Monday.

Appeals court to examine Calif. ballot numbering
JUDY LIN, Associated Press @
utsandiego.com
An appeals court on Tuesday asked the California secretary of state to explain why Gov. Jerry Brown's tax initiative should be first on the November ballot.

Jerry Brown signs California homeowner protections into law
Torey Van Oot @
blogs.sacbee.com
Gov. Jerry Brown on Wednesday signed into law legislation aimed at increasing protections for California homeowners facing the possibility of foreclosure.

Congress: Lawmakers Refuse To Move Beyond Health Care
BEN GOAD @
pe.com
After years of debate, dozens of repeal votes and even a landmark Supreme Court ruling, Congress still refuses to get past President Barack Obama’s controversial health care law.

UC tuition could rise sharply if tax measure fails
TERENCE CHEA, Associated Press @
utsandiego.com
University of California students will likely face a steep midyear tuition increase if voters reject Gov. Jerry Brown's tax initiative.

End Death Penalty Measure Will Be Prop. 34 On California's November Ballot
contracostatimes.com
Initiative would replace executions with life-without-parole sentences. Offered as a cost-saving measure. Foes see little savings, weak punishment

Money flows in battle against health reform
Dan Morain @
sacbee.com
House Republicans today plan to take what for now will be a symbolic vote to repeal President Barack Obama's Affordable Care Act, as a national campaign group backed by Aetna Insurance attacks Democrats over their health care stand.

State Lawmakers Grapple With Essential Health Benefits
accessing this site, you accept our @
baycitizen.org
The federal health care reform act requires most Americans to have health insurance by 2014. But what exactly will those ...

Romney's Speech To Naacp Draws Boos From Audience
Maeve Reston @
latimes.com
Mitt Romney's speech before the nation's oldest civil rights organization was framed by his campaign as an olive branch to the black community and a promise to be a president for all people.

New poll shows sizable 'marriage gap' in presidential race
Michael A. Memoli @
latimes.com
WASHINGTON -- A new national poll shows President Obama benefiting from a significant disparity in candidate preference between married and single voters, and particularly among single women.

AM Alert: Jerry Brown to sign foreclosure legislation
Micaela Massimino @
blogs.sacbee.com
Gov. Jerry Brown heads to Los Angeles to sign the homeowner-rights mortgage legislation that lawmakers approved last week before going on summer recess.