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California Legislative Directory| Classifieds | Sofa Degree

 

E-179 - Friday, September 6, 2019

Become a Nooner Premium subscriber to access enhanced legislative profiles, exclusive election analysis, and downloadable back-end data. | Follow @scottlay

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RECENT AURAL PLEASURE:

UPDATED: TRUMP TAX RETURNS: Lawsuit information page for SB 27 (McGuire and Wiener): Primary elections: ballot access: tax returns.

  • Motion by Attorney General Xavier Becerra to consolidate Southern District case with Eastern District cases being heard September 19 was granted.

ELECTION UPDATES:

  • CA36 (Coachella Valley): added carpenter Raul Matthew Ruiz (R) - challenge to Raul Ruiz (D) - "Double Vision" is not just a song by Foreigner
  • CA53 (San Diego): added Education Nonprofit CEO Sara Jacobs (D) - safe Dem - open seat - Susan Davis (D)
  • AD25 (Fremont-Santa Clara): added Natasha Gupta - safe Dem - open seat - Kansen Chu (D)
  • AD49 (Monterey Park): added Bryan Mesina Perez (D) - safe Dem - challenge to Ed Chau (D)
  • AD64 (Carson) - added teacher Fatima Iqbal-Zubair (D) - safe Dem - challenge to Mike Gipson (D)

 IN TODAY'S NOONER:

  • PG&E wildfire recovery bonds and wildfire prevention bills
  • AB 5 (Gonzalez): Worker status: employees and independent contractors.
  • AB 290 (Wood): Health care service plans and health insurance: third-party payments.
  • AB 1482 (Chiu): Tenancy: rent control.
  • AB 1639 (Gray): Tobacco products.
  • SB 276 (Pan): Immunizations: medical exemptions.
  • CA36 (Coachella Valley)
  • CA52 (San Diego)
  • An "I think we need more candles" version of Cakeday
  • Classifieds

Happy Friday! Thank you for a few new Nooner Premium subscriptions. We're still below 9% of daily readers who are paying and totally unsustainable. I'm in a tough position. Lots of Premium subscribers tell me to lock it all off. I don't for two reasons--obviously, more readers help with advertising (25% of revenue) and also because my education is a public education, from Orange Coast to UC Davis to UC Davis Law. You subsidized my education and I want to give back the best I can. I have to pay my rent, which won't be possible on this model. (For my King Hall colleagues around the Capitol there at the same time, you remember the band of our fellow students Pay My Rent. Maybe that's what I should rename Nooner Premium).

Well, it's now 10:30 and both houses are buh-bye until Monday. Casual observers may think little happened today, but that would be mistaken, and "bigly" so. Lots of amendments and procedural moves today. Meanwhile, Tuesday is the last day period to amend bills on the floor under Article IV, Section 8(b)(2) of the California Constitution (Proposition 54).

But, I told you that like five hours ago.

PG&E Wildfire recovery bonds: The concept will be discussed in 2020 and not in the remainder of the 2019 legislative year.

Speaking of wildfires, there is a package of bills still pending supported by the broard Wildfire Resiliency Coalition:

  • SB 209 (Dodd) to create a wildfire warning center
  • SB 190 (Dodd) to develop a model defensible space ordinance
  • AB 38 (Wood) provide financial assistance and rebates for qualified owners of eligible buildings for fire hardening and vegetation management
  • AB 1668 (Carrillo) to open pathways to employment and skill development while increasing the available workforce to provide critical fuels reduction, vegetation management, natural resource protection and support to our front-line firefighters battling California wildfires.

Not to just plug the podcast (which doesn't have an advertiser), but just because it was a great conversation, we had Senator Bill Dodd (D-Napa) on last week as noted above.

AB 5 (Gonzalez): Worker status: employees and independent contractors.: Amendments to one of the most controversial bills of the year were taken this morning but they are not expected to change the opposition of major opponents, including Uber, Lyft, and DoorDash. The amendments will be online tomorrow and I'll link to them in this space.

The three companies have deposited $90 million into campaign accounts to rewrite the law on next November's ballot, although they have not filed language yet. The thought was the money alone would lead to a compromise this week, but that did not happen. That said, they could spend the $3-5 million to qualify the measure in the next few months to force a legislative discussion next year.

Obviously, the companies don't want to spend the other $85 million on a campaign and Democrats don't want it on the ballot next fall. Labor-friendly Democrats I have talked to know that a referendum on the ballot on new economy companies used daily by voters is not a winner for them. Look for the high-stakes standoff to continue next year, assuming Governor Newsom signs the bill as he has indicated he will.

AB 290 (Wood): Health care service plans and health insurance: third-party payments.: The amendments to the bill known as the "dialysis bill" are in print this morning. You all know that it's certainly not an area of expertise of mine, but it delays much of the language opposed by the campaign by dialysis-clinic providers DaVita and Fresenius to January 1, 2022. Unless you haven't had the teevee on or been on the Internet, you've seen the heavy advertising campaign against the bill. Sources in the Capitol tell me that the amendments may mollify some opponent, although not all. With the amendments, the governor is expected to sign it.

AB 1482 (Chiu): Tenancy: rent caps.: The bill language is in print this morning. I talked about the moral quandary that this creates. The bill takes effect January 1, 2020 as a non-urgency bill. However, the proposed annual rent cap is 5% + cost-of-living, not more than 10%, and would apply to units more than more than 15 years old. There is a retroactivity provision that provides that the base cap increase applies to the rent as of March 15, 2019.

There are also new provisions that require "just cause" for evictions for tenants who have occupied over one year. Just cause is spelled out in law. A simple one is failure to pay rent, which is already provided under existing law and is "curable" if rent is settled within 72 hours.

The bill would remain in effect until January 1, 2030.

Here's the problem. If signed into law, it green lights evictions until December 31, 2019 so that property owners can "re-bench" rents before the provisions take effect. This could encourage landlords to push out even perfectly good tenants in an already over-heated housing market and cause already open units to jack up the rent listings between from now until the end of the year.

Something has to be done about the housing affordability crisis but any legislative proposal has downsides, and this is one of them.

Yeah, it's personal as I talked about on the podcast we recorded Tuesday, as I have a close friend who got a 60-day eviction notice for "renovations." My friend was looking at units yesterday and you wouldn't believe the asking prices for the square footage and amenities. And, Sacramento, while a hot market, is certainly not the priciest in the state.

I don't think the reason for my friend's eviction was related to the bill because it is a owner-managed place and they get along, but this could create a huge disruption in the rental market between now and the end of the year.

Do I have a better solution than AB 1482? No, and that's the moral quandary.

It don't think the bill would apply to me, for better or worse, as my place was built in the last fifteen years, although the rent is also becoming unaffordable (ergo my pleas). Longtime readers know that I always want to clearly disclose any interests I might have on anything I write about. I take no money from anyone except for Nooner Premium subscribers and the advertisers that you see here each day, some which I agree with and some which I don't.

AB 1639 (Gray): Tobacco products.: The bill that we've been talking about for the last few months on tobacco age verification and e-cigarettes passed the Assembly on Tuesday on a 76-0-3 vote and is pending on the Senate Floor. Lots of members who voted for it do not like it, but felt like they had to do something--anything--before the year adjourns. As I've mentioned, the television ad campaign by the State Department of Public Health against youth vaping

SB 276 (Pan): Immunizations: medical exemptions.: With no extraordinary measures taken in today's key legislative sessions at the floor amendment deadline, the bill to provide state review of concentrations of medical exemptions from vaccinations is still in the Senate Office of Enrollment and Engrossing, which is the point of proofreading and ensuring there aren't conflicting provisions ("chaptering out") with another bill on its way to the governor. That means that at this point it either goes to the governor or can be pulled back to avoid a showdown by Senator Richard Pan (D-Sacramento) and principle co-author Assemblywoman Lorena Gonzalez (D-San Diego).

From my sources in the Governor's Office, the governor requested the latest round amendments before Assembly Appropriations acted last week and was frustrated the Assembly "locked the language in" with a quick vote on Tuesday and with the Senate following suit Wednesday. Clearly the bill does not have a two-thirds vote in the Assembly and thus can't be pulled back from enrollment.

From my sources in the Legislature, the amendments weren't communicated to the author or committee, which Gonzalez chairs, before last Friday's Suspense File actions.

We have different accounts and Senator Pan has to decide whether or not to have a public showdown with the Governor by next Friday when the final actions of the Legislature for this year's session are written in stone. If he receives the bill, Governor Newsom will have options and while I have good sources, it's anybody's guess. He can:

  1. sign it with a signing message asking for a clean up bill next year before most of the bill's provisions go into effect
  2. veto it with a message asking for a bill next year that includes the amendments he has been seeking
  3. take no action and allow the bill to take effect 30 days after the Legislature recesses for the Joint Recess (Cal. Const. Article IV, Section 10(a)(1))

I know we have some newbie Noonerities and we welcome you. There's no such thing as a "pocket veto" like at the federal level. It's the opposite. If the bill gets to the governor, no action is a "pocket signing." Also, because the bill is not one of appropriation, there's no ability for the governor to modify it through a line-item veto. It's binary--sign or veto.

From the "eye of the beholder" perspective, the editorials calling Governor a "flip-flopper" over the requested amendments has not helped things. It depends whose story you believe, but has really soured relationships and it's bleeding over to many other bills.

Whatever happens with SB 276, at least Bacteria Bear got a great serenade from an opponent of the bill last night who has outstanding pipes.

We have a couple of election updates and lots of birthday wishes to shout out after the jump...

CA36 (Coachella Valley): As listed above, Congressman Raul Ruiz (D-Palm Desert) has a new opponent in the district that stretches through the Palm Desert. Sam Metz writes in the Desert Sun that carpenter Raul Matthew Ruiz (R) "lives in the 41st Congressional District represented by Rep. Mark Takano, D-Riverside, and withdrew from last year's Perris City Council election after admitting to misrepresenting his address. Perris requires city council members to live in the district they represent. Members of Congress aren't required to live in-district."

Damn, I was going to run for Congress, but I can't find a Scott Lay in the delegation.

CA52 (San Diego): As you know, Congresswoman Susan Davis is not running for re-election, which I wrote about yesterday. I'll bullet some updates:

  • Senate President Pro Tem Toni Atkins and Assemblywoman Lorena Gonzalez both have emphatically stated they are not running. Lorena is running for Secretary of State in 2022 and Atkins plans to stay in the State Senate, where her term ends in 2024.
  • San Diego councilmember Georgette Gómez (D) appears to be in the race and likely have the backing of much of labor and many electeds. One issue she appears to be concerned about is finding a candidate to run for her council seat, as she is up next year.
  • Sara Jacobs (D) is "strongly considering" a bid. She ran in CA49 (Oceanside) last year, but came in third in the top-two behind Diane Harkey (R) and now-Congressman Mike Levin (D). She has significant personal wealth and is immediately a serious candidate.
  • Two other Democratic names have come up from solid sources and both are La Mesa councilmembers. One is physician Akilah Weber, who is the daughter of Assemblywoman Shirley Weber. and the other is attorney and Brown Administration official Colin Parent. For Akilah, it would be a free ride as she is not up for council re-elect until 2022, although that also means that she is a fresh elected face in a relatively small city in the congressional district. For Parent, it would mean giving up his council seat for what might be considered a long-shot if Gómez and/or Jacobs are in the race.
  • Progressives ("Berniecrats") are not happy as they were trying to get Jose Caballero (D) off the ground in a challenge to Congresswoman Davis or, as it turned out, in case she retired. However, through June 30, he only had raised $4,901 and was left with $1,429 on hand.
  • This is a Clinton 64.5%, Trump 29.6% district so, depending on how many candidates run among parties (and NPP), it's very possible that two Democrats could advance to the November general election.

Again, this is a taste of Nooner Premium analysis. Thank you Nooner Premium and I'm sorry for sharing with everyone but we all needed something political as a break from the major policy issues up today. Oh, who am I kidding? That all is just as political as a congressional race.

CAKEDAY and CLASSIFIEDS after the jump...

 

Probolsky Research

Okay, let's light some candles and I'll get to lots of the other stories (big developments on dive boat fire liability) and I'll be honest that I haven't even looked at a single newspaper today. Please pardon any typos or grammar errors as all I've been able to do is a cursory spellcheck and I'm already late.

I THINK WE'RE GOING TO NEED MORE CANDLES...CAKEDAY: Happy birthday to Rachelle Arizmendi, Luis Ayala, Richard Foldenaur, Sharon Gonzalves, Mark GonzalezCarl Guardino, Patrick Henning, Jennifer LeSar, former Assemblymember Gloria Negrete McLeod, and Amos Young!

Classifieds

Add your classified now both in The Nooner and online for $50/week or $150/month by emailing scottlay@gmail.com, with a headline, a summary of up to 200 words, and what you'd like the end date to be. You can attach a PDF or provide a link for a bigger job description/info to apply. [Other advertising options]


Alliance for Children's Rights: Policy Assistant (Sacramento)

The Alliance for Children’s Rights seeks to hire a well-organized, energetic and motivated full-time Policy Assistant. The Policy Assistant will provide administrative and organizational support for our Sacramento policy program. The job duties will include administrative and clerical support, coordination of the Alliance’s policy projects and special projects including events management, trainings, bill and grant deliverables tracking, scheduling, and research and analysis of legislative and regulatory proposals.

The Alliance’s Policy Program is based in Sacramento and works with Alliance program staff to identify and track child welfare practices that adversely impact our clients and helps to establish and implement responses to those practices which include legislative and regulatory advocacy, impact litigation and other reform efforts.

full description and application info

Effective lobbying is never simple but...

A bill's journey through the legislature is rarely simple or easy. Each step can be critical. Ray LeBov, a 45 year Capitol veteran, has been teaching how to successfully navigate the legislative terrain through his Capitol Seminars to high praise for more than a decade. Those interested in learning how things in that arena really work and how to prosper in the complex legislative environment should register here for his next lobbying seminars on October 3-4. For these dates, future dates or curriculum info feel free to call (916)-442-5009.

CalDesal: Executive Director

CalDesal, a 501(c)(6) nonprofit corporation dedicated to advancing the responsible development of groundwater desalination, ocean desalination, and salinity management activities to help meet the State’s water supply challenges, wishes to contract with an individual or firm for Executive Director Services. The ideal candidate will possess strong leadership as well as the marketing, communication, and administrative skills necessary to successfully manage the organization and implement its objectives.

For more information, go to www.caldesal.org. Proposals must be received by Thursday, October 10, 2019 at 5:00 p.m.

SEIU-UHW – Regional Political Organizer (Sacramento, CA)

The Political/Community Regional Organizer is responsible for a broad range of program objectives to build and strengthen our infrastructure and engage our members to be a powerful force at their worksites, in the legislative process, in the community and at the ballot box.

This position will be in our government relations program and requires significant experience in legislative lobbying and coalition building.

Proven track record is a must. Competitive salary and excellent benefits. For more information on the position and to apply please visit our candidate portal at seiuunitedhealthcareworkers.appone.com

CA Democratic Party: Front Desk Office Manager

Responsible for all receptionist and clerical duties at the front desk. Must be highly organized, personable and have excellent communication skills. Works well under pressure with a natural talent for customer service. Salary DOE: $32k – 35K; full benefits. Details

You’re invited: A night with your local Planned Parenthood affiliate (Sacramento)

Planned Parenthood Mar Monte – your local Planned Parenthood affiliate and the largest in the nation – invites you to the Capital Dinner fundraiser on Thursday, September 26 from 7-9pm in Sacramento.

The event will honor California Senate pro Tempore Toni G. Atkins and Crystal Harding-Jenkins, our 2019 Ally of the Year Award winners. Entertainment will be provided by the Sacramento Gay Men’s Chorus.

With reproductive health care under constant attack, it is your support that keeps our doors open. Every cent raised helps tens of thousands of people across California and Northern Nevada, including 45,000 right here in the Sacramento area. Please join us in protecting and expanding health care for anyone who needs it – no matter what.

For tickets, sponsorships and more information, please visit www.ppmarmonte.org/capdinner2019. You can also contact us directly at 916-325-1705 or events@ppmarmonte.org.

SEIU-UHW – Regional Political Organizer (Fresno, CA)

The Political/Community Regional Organizer is responsible for a broad range of program objectives to build and strengthen our infrastructure and engage our members to be a powerful force at their worksites, in the legislative process, in the community and at the ballot box. Proven track record is a must. Competitive salary and excellent benefits. For more information on the position and to apply please visit our candidate portal at seiuunitedhealthcareworkers.appone.com/

SEIU-UHW – Regional Political Organizer (Los Angeles and San Francisco, CA)

The Political/Community Regional Organizer is responsible for a broad range of program objectives to build and strengthen our infrastructure and engage our members to be a powerful force at their worksites, in the legislative process, in the community and at the ballot box. Proven track record is a must. Competitive salary and excellent benefits. For more information on the position and to apply please visit our candidate portal at seiuunitedhealthcareworkers.appone.com/.

The McGeorge School of Law, University of the Pacific

The McGeorge School of Law, University of the Pacific, offers the Master of Public Administration (MPA) and the Master of Public Policy (MPP) degrees to both full-time students and those earning a professional degree while working. Our focus on the interconnections of law, policy, management, and leadership provides unique competencies for your success. Students gain a foundation in statutory interpretation and regulatory processes critical to governance. Learn at a beautiful campus three miles from the State Capitol: go.mcgeorge.edu/publicpolicy or publicpolicy@pacific.edu.

Political Data Inc.
For 30 Years PDI has been California’s premier data vendor. Now, you can get live online trainings on the newest PDI software every week: