Around The Capitol

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THE Nooner for January 26, 2018

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Happy Friday! You made it! 

The year-end campaign fundraising reports are due by midnight Wednesday. They are trickling in although those candidates with the largest hauls usually file at the deadline. Mostly the filings so far are mostly from PACs.

I'll be getting into the real analysis on the site when we have numbers. Right now, we only have cash on hand as of June 30 for state candidates and as of September 30 for federal candidates so it's hard to make judgements except for those who have put in large personal contributions. 




Best line - after he concluded and was given a standing ovation, as the applause started to die down: "You can keep going. I have nowhere to go."




Yesterday, the Senate Rules committee voted to suspend Senator Tony Mendoza with pay for an additional 60 days or until the investigation into harassment and retaliation claims is complete, whichever is sooner, reports Taryn Luna in the Bee.  

Additionally, Senate President Pro Tem Kevin de León introduced a Senate Resolution that passed yesterday to allow a member to take a leave of absence, but provides that such a member "shall not exercise any of the rights, privileges, duties, or powers of his or her office, or utilize any resources of the Legislature, during the period of the leave of absence. The member shall not receive reimbursement for living or travel expenses during the period of the leave of absence."

Republicans weren't happy with the actions of the Senate Rules Committee and the resolution, believing it should have been debated by the full house and that he should have been suspended without pay. All Republicans either voted against or abstained on the resolution.

In response to the activities yesterday, Senator Mendoza had a statement yesterday afternoon: 

"I am disappointed at the Senate’s action today.

The ad-hoc action today is now part of the pattern that contradicts the Senate’s commitment to reform and to an open, transparent and fair process as its action today was adopted without any notice to me.

 1. The Senate, its leadership, and its staff gave me no notice, directly or through my legal counsel, or through staff regarding any change in the time for my Leave of Absence or its terms. I would appreciate any evidence to the contrary.

2. The Senate’s actions are unfair and constitute disparate treatment as they are retroactive and specifically apply only to me and not to any other Senator or staff facing allegations.

In my letter to the Senate today (Attachment), I stated “I have had no communication from the Senate or Leadership about extending my Leave beyond January 26. If the body feels that it would increase the positive public perception of the investigation, the issue should be addressed with me directly before the leave expires.” I stand by my offer.

I am pleased that a number of Senators today expressed their concern about the action and were able to amend the proposal and require the Senate Rules Committee to come back to the Floor with certain amendments. These actions give me hope that the Senate will act to adhere to its own long-established standards of justice and fairness.”

PRE-ENDORSEMENT CAUCUS: In preparation for his weekend's Democratic Party pre-endorsement caucuses that happen in the parties regional sections, Emerge California the group dedicated to electing Democratic women and several like-minded organizations sent a letter to delegates in SD32 (Whittier) asking them to withhold their votes by voting for "No Endorsement" instead of a nearly automatic endorsement of Senator Tony Mendoza. Abstentions or staying home would essentially be voting for his consent calendar endorsement at the February 23-25 convention in San Diego.



Probolsky Research



GUBER DEBATE: Seema Mehta and Phil Willon report in the Times that Gavin Newsom and Antonio Villaraigosa mixed it up over personal wealth in last night's Latino Community Forum gubernatorial forum. Newsom attacked Villaraigosa over doing work for the controversial multi-level marketing supplements company Herbalife, which specifically targets the Latino community. Meanwhile, Villaraigosa pointed out that Newsom has made millions from the wine industry (he owns PlumpJack and is a partner in Odette) and from trading silver bars. 

"What you're witnessing, ladies and gentlemen, is two leopards arguing over how many spots they have," [John] Cox said. "They're both in the business of influence peddling and that's the problem."

"California was built on the back of immigrants," Democratic state Treasurer John Chiang said. "Fundamentally we're about dignity, decency and respect for all people. That is the heart of America, and we want to be that shining [city] to send a signal to President Trump that you're dead wrong."

"Former state schools chief Delaine Eastin drew loud applause when she referred to Trump as an "orange-haired misogynist racist."

Allen appeared to relish his role as a bomb-thrower and drew the audience's greatest ire throughout the night, including when he needled [moderator and Univision host Jorge] Ramos. Trump had the veteran journalist physically removed from a news conference during the 2016 presidential campaign.

When the candidates were asked to raise their hand if they've tried marijuana, Villaraigosa's hand shot up. Others were more cautious, but Villaraigosa added  "And different than some, I actually inhaled," he said.

Former congressman Doug Ose was the only major candidate excluded from the forum, as he entered the race too late to be included in the Latino Community Foundation polling.

MARY JANE MONEY: Senator Bob Hertzberg, in coordination with Board of Equalization member Fiona Ma, have a proposal to solve the banking challenge faced by the burgeoning marijuana industry, reports Patrick McGreevy in the Times. Currently federally insured banks can't handle the cash since pot is still illegal at the federal level. Thus, they propose creating a system of state chartering of non-federally insured banks that would be able to accept cash and cut cashier's checks for payroll. The bill introduced yesterday, SB 930, is just a spot bill and doesn't have specific language yet.

What a week. Chat with you tomorrow.

#CAKEDAY: Happy birthday to Attorney General Xavier BecerraScott Lipton and Eddie Kirby!



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  • The McGeorge Capital Center for Law & Policy Executive Training Series presents ” The Essentials for Cannabis Businesses” on Friday, Feb. 2 from 9 a.m.-Noon at McGeorge School of Law (3200 Fifth Ave.). This executive training will cover the essential knowledge participants will need to start a cannabis business in this environment of chronic uncertainty. Instructors will explain the interplay between federal and state laws and regulations, California's regulatory structure governing the adult use market, the risks of entering the industry, and give an overview of insurance products and key coverages businesses in the industry need. MCLE. Register at

  • Attend a free briefing at the Capitol to learn more about health insurance in California, and learn about how a key contributor to the Legislature's consideration of health insurance-related legislation supports policymakers. All interested parties and the public are invited to the California Health Benefits Review Program (CHBRP)'s annual legislative briefing on 2/7/2018 from 10:00 – 11:30 am. The briefing will provide information about CHBRP’s methods and our role in providing independent evidence-based analysis.

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    NARAL Pro-Choice California presents the first gubernatorial forum in California centering on reproductive freedom with media co-sponsors Rewire.News on Tuesday, January 30th in San Francisco at SOMArts (934 Brannan Street) from 6-8 pm. The next governor will have an enormous impact on a woman’s right to choose through their budget decisions, power of appointment, and implementation of health insurance reform. We are excited to have leading gubernatorial candidates John Chiang, Delaine Eastin, Gavin Newsom, and Antonio Villaraigosa. Emmy-award winning news anchor Wendy Tokuda will moderate the event and sit on the panel with Jodi Jacobson, Editor in Chief of Rewire.News, Emmy-award winning news reporter Linda Yee and Amy Everitt, State Director of NARAL Pro-Choice California.

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Newsom And Villaraigosa Spar Over Personal Wealth In Testy Governor's Debate
Seema Mehta, Phil Willon @
As the clout of Latino voters continues to grow in California, the governor's race could hinge on which candidate appeals most to this critical slice of the electorate. Many of the debate's questions revolved around immigration, a touchstone issue to many in the audience. But front-runners Gavin Newsom and Antonio Villaraigosa also unleashed deeply personal attacks on how the other made his money, a shift from the policy spats that have emerged in prior clashes.

Stay Away, Senate Tells Lawmaker Accused Of Harassment
Taryn Luna @
The California Senate Rules Committee voted Thursday to keep Sen. Tony Mendoza on the payroll but away from the Senate for 60 days or until an investigation into sexual harassment allegations concludes.

Senator Janet Nguyen Issues Statement in Response to Governor Brown's State of the State Address
Today, Governor Jerry Brown delivered his last address to the California State Legislature. In his address, Governor Brown recognized first responders for their bravery and...

California Paid $25 Million To Settle 92 Sexual Harassment Claims In The Last Three Years
Marjie Lundstrom @
While public attention has been riveted on sexual harassment allegations in the California Legislature, with sordid charges and counter-charges swirling around a handful of lawmakers, the issue and its related costs extend far beyond the Capitol dome.

GOP Candidate For Governor Doug Ose Excluded From Another Debate
Seema Mehta @
Republican candidate for governor Doug Ose will once again be left off the debate stage as six hopefuls square off at UCLA on Thursday.

The Details Behind 10 Big Sexual Harassment Payouts By The State Of California
Marjie Lundstrom @
California settled sexual harassment claims against state agencies, prisons and public universities totaling more than $25 million over a three-year period ending in 2017. This list shows the 10 biggest settlements, each with a key document that has a significant passage highlighted (the entire document is also available).

Harvey Weinstein Ex-assistant Sues, Describing Touching, Naked Dictation And Cleaning Up Condoms
Richard Winton @
Harvey Weinstein ex-assistant sues him alleging repeated touching, naked dictation and cleaning up condoms

Jerry Brown's Final State Of The State: A Look Back, A Path Forward And A Warning
Ben Adler @
When Jerry Brown returned to the California governor’s office in 2011—nearly 30 years after he finished his first two terms in 1983—he inherited a $27 billion budget deficit and a state mocked by critics.

Courtland Sykes: 'Courtland Sykes for Senate' | Campaign 2018

Republican Senate candidate Courtland Sykes (Mo.) released this campaign ad in September 2017.

How Many Words In The Penal Code? Ask Jerry Brown
Billy Kobin @
Money. College degrees. Criminals. Gov. Jerry Brown’s final State of the State address Thursday was chock full of numbers and statistics.

Jerry Brown celebrates Californiaâ
SACRAMENTO — California has prospered over the past eight years despite critics’ warnings of doom and financial collapse, Gov. Jerry Brown said Thursday, arguing in his final State of the State speech that the embattled high-speed rail and delta tunnels will ultimately emerge as successful projects that greatly benefit the public. In a wide-ranging speech, the termed-out 79-year-old governor passionately argued for the unpopular undertakings, saying any big project has setbacks. “Difficulties challenge us, but they can’t discourage or stop us,” Brown said in his 16th State of the State speech. “Yes, there are critics, there are lawsuits — lots of them — and there are countless obstacles.

The Judge Who Gave A Light Sexual Assault Sentence To A Stanford Swimmer Now Faces A Reckoning With Voters
Robin Abcarian @
A movement borne of outrage against the light sentence handed down by Santa Clara Superior Court Judge Aaron Persky against Stanford swimmer Brock Turner has resulted in a recall measure against the judge. It will be on the ballot in June 2018.

The Health 202: Health care is still a top issue for voters in 2018. But Republicans lack a script.

The November elections could be a problem for Republicans who oppose Obamacare.

Senator Stone Responds to Governor Brown's State of the State Speech
s State of the State speech today, Senator Jeff Stone (R-Riverside County) issued the following statement:

Women aren't backing the GOP tax law that Ivanka Trump is touting

Ivanka Trump is in South Carolina to talk with women hoping to get support for her father and the new tax law.

Senator Mike Morrell Responds to Governor Brown's 2018 State of the State Address
s State of the State Address was filled with promises of utopian dreams of a government bureaucracy that plans, controls, and...

Senator Gaines Responds To Governor Brown's 2018 State Of The State Address
s revenues are still healthy, but that will mean...

Nerdcast: Will Trump Stick To Sotu Script? - Politico

President Donald Trump had 84 applause lines in his first joint address to Congress. | POLITICO Illustration/AP Photo

Oakland Police May Have Broken Law In Refusing Some Immigrant Visa Applications - San Francisco Chronicle
Over the past two years, Oakland police refused to certify the applications of nearly 300 immigrants who needed the department to confirm they were crime victims so that they could qualify for special visas to remain in the United States.