Around The Capitol

If you don't see images in this message, click "Display Images" or the equivalent.
Having trouble viewing this email? Click here

Receive this as a forward? Get the Nooner in your e-mail box.
To be removed from The Nooner list, click here.

Become a Nooner Premium subscriber (or below buttons for Square) to access enhanced legislative profiles, exclusive election analysis, and downloadable back-end data. | Follow @scottlay

Advertise in The Nooner to reach over 8,000 readers


  • Inside Golden State Politics (Bill Boyarsky and Sherry Bebitch Jeffe): The media's challenge: Reporting the pandemic election. (2020-08-06)
  • The Axe Files (David Axelrod @ CNN/UChicago): Rep. Karen Bass (D-Los Angeles) on her background and the veepstakes (2020-08-06)
  • Capitol Weekly Podcast (John Howard and Tim Foster): Dr. Barbara O’Connor, Professor Emeritus at CSU Sacramento (2020-08-02)
  • KQED's Political Breakdown (Scott Shafer and Marisa Lagos): Joe Trippi on the Veepstakes, Pioneering Netroots and the Real Story of Doug Jones' Victory (2020-07-30)
  • Cap•Impact Podcast (Chris Micheli): How Proxy Voting Could Work in the California Assembly (2020-07-30)
  • Inside Golden State Politics (Bill Boyarsky and Sherry Bebitch Jeffe): Asian Americans join Latinos as targets of Tump (2020-07-30)
  • California Nation (SacBee): Governor Gavin Newsom and COVID-19 with Elizabeth Ashford, former advisor to Gov. Arnold Schwarzenegger and Gov. Jerry Brown, Steven Maviglio, former press secretary to Gov. Gray Davis and Joe Rodota, former cabinet secretary to Gov. Pete Wilson (2020-07-25)

The Nooner for Sunday, August 9, 2020, presented by SYASL Partners

  • Money Matters
  • The Final Countdown
  • COVID-19
    • The numbers
    • Survival rate
    • Bay Area biz impact
    • San Diego food need
  • Unemployment insurance
  • Nurse practitioners
  • AB 70/For-profit colleges
  • Policing
  • Baghdad by the Bay
  • cakeday, farewell, and classifieds


MONEY MATTERS (highlights from daily campaign finance reports):

I am only including main ballot measure committees. There are some, like agriculture against Prop 15, but I don't include it as it may be a feeder committee that ends up in the main committee, which would lead to duplication.

  •  Nothing significant yesterday. The transportation network companies supporting Prop 22 (exemption from AB 5) including Uber ($36,500), Lyft ($35,000), DoorDash ($10,000), and Instacart ($5,000) reported their estimated nonmonetary expenditures for the month of August. 

ATCpro SUBSCRIBER UPDATES[A full list of recent election analysis is on the subscribers home page. If you have forgotten or haven't set a password, use the forgot password tool]

  • CA39 (Diamond Bar-Fullerton-Yorba Linda): updated analysis (Leans Dem)
  • CA53 (SD Balboa Park-La Mesa-El Cajon): updated analysis (Safe Dem - Dem-Dem general)
  • SD29 (Diamond Bar-Fullerton): updated anaysis (Toss-up)
  • SD37 (Anaheim Hills-Irvine): updated anaysis (Leans Dem)
  • AD68 (Anaheim Hills-Orange-Tustin-Irvine): updated anaysis (Toss-up)

TOP 100: On Tuesday at 7pm, the annual Capitol Weekly Top 100 Party recognizing non-elected movers and shakers is being held virtually, but that also means it's free this year. Register and find out how to get copies of this year's book of those recognized at this link.

¡Feliz domingo! With the weekend series at Dodger Stadium tied at 1-1, the los Doyers y los Gigantes face off at 1:10pm. On the mound will be Gausman (0-1) for the Giants and Buehler (0-0) for the Dodgers.

On this date in 1974, Gerald Ford was sworn in to the office of President (speech). [h/t This Week]

Last week's lengthy hearings were a bear. Don't get me wrong, as there were some very interesting issues. The telephone testimony, while I believe necessary, was exhausting on many bills. There were moments of comedy, like yesterday's moment when a lead opponent witness was on a rant and thought his line was cut off. His response was "F***! They cut me off!" Of course, he hadn't been cut off and the chamber and everybody watching heard.

I believe it was Dr. Mark Ackerman, Director of Orthodontics at Boston Children's Hospital, in opposition to AB 1998, which would increase professional standards for tele-dentistry and which opponents believe will put the industry out of business. It starts at about 5:04:45 on the video. (Unfortunately, the video archive system currently used by the Legislature doesn't allow for a link to a timestamp like YouTube, but we've made huge progress!)

A general admonishment for decorum by chair Steve Glazer (D-Orinda) follows at the end of the opposition segment.

I probably watched nearly forty hours of committee hearings last week, but clearly I couldn't watch them all. But, surveying the crowd, it's not the first time an F-bomb has come across tele-testimony, but perhaps the first time by a lead witness rather than during the "me too" segments. 

THE FINAL COUNTDOWN: This week is the final official week for policy committees to meet. Home gamers, I say "official" because there will undoubtedly be "off the floor" ad hoc committee meetings with unanimous consent leading up to the final days as bills have last-minute amendments. Lobbyist and Nooner friend Chris Micheli has prepared a list of Senate and Assembly committee hearings, along with the number of bills anticipated to be heard, according to the Daily Files in print for tomorrow.

Senate Appropriations is scheduled to meet this Thursday and next Monday and Wednesday. Assembly Appropriations is scheduled to meet this Tuesday and next.

Tomorrow's schedule has on the docket:

10:00 am

  • Senate Human Services, Room 4203 (13 bills)

11:00 am

  • Assembly Business and Professions, Assembly Chamber (10 bills)

2:00 pm

  • Senate Floor Session

2:30 pm

  • Assembly Transportation, Assembly Chamber (8 bills)

Upon Adjournment of Session

  • Senate Veterans Affairs, Room 4203 (3 bills)

Upon Adjournment of Senate Veterans Affairs

  • Senate Agriculture, Room 4203 (1 bill)
  • Senate Health, Senate Chamber (9 bills)


- The numbers: There were 99 new deaths reported yesterday for a total of 10,312. (Caveat: weekend death reporting can be low and thus early week high, ergo the importance of the 7-day average). The good news is that hospitalizations have dropped from 7,170 on July 21 to 5,746. Of those currently hospitalized, 1,868 are in intensive care units, reports the Chron. Alex Wigglesworth reports in the LAT about the latest Los Angeles County hospitalization data, writing "On Friday, there were 1,568 confirmed COVID-19 cases in county hospitals; the number topped 2,000 for much of July. "

- Survival rate: In the Times, Soumya Karlamangla looks at why the mortality rate for those hospitalized in Los Angeles County and elsewhere is on the decline.

The trend is due in part to younger people falling sick, as well as better control over the disease’s spread in high-risk settings, such as nursing homes. But doctors say there’s another factor pushing up survival rates: better treatments.

“It was so grim in the beginning,” said Dr. Armand Dorian, an ER physician and chief medical officer for Verdugo Hills Hospital at USC. “Now we actually have regimens of treatments that do help. ... Since the beginning, say, February to now, we’ve learned a lot.”

The trends are not limited to L.A. County. In California, 3.6% of people diagnosed with COVID-19 between March and May died of the disease. Among those diagnosed between June 1 and Aug. 3, that figure dropped to 1.2%, according to a Times analysis of state data. Expanded testing, changing patient demographics and better patient care all played a role in that drop, experts say.

The statistic is what epidemiologists call the case-fatality rate: the number of deaths divided by the number of cases. This measures how deadly the disease is once people catch it — the chance of surviving. While the pandemic remains bleak, the lowered case-fatality rate is a glimmer of progress, experts say.

- Bay Area biz impact: In the Chron, Anna Kramer reports that more than 2,000 businesses appear to have permanently closed in the Bay Area during COVID-19.

As of July 10, 2,065 businesses in the San Francisco-Oakland-Hayward area had marked themselves permanently closed on the San Francisco company’s business-reviews website, including more than 300 restaurants and 300 retailers. About 3,000 more San Francisco businesses have temporarily closed, according to Yelp listings.

Also in the Chron, Phil Matier writes specifically on San Francisco businesses, which would be narrower geographically but broader than the Yelp analysis:

The chamber’s analysis of in-store transactions from July 13 to July 31 was provided by credit card companies. The data showed only 465 of the 2,790 storefront businesses that were open before the pandemic were open in July, and those that were open were doing only a fraction of their earlier business. 

- San Diego food need: In the SDUT, Lori Weisberg reports that the regular food distribution events sponsored by Feeding San Diego and the San Diego & Imperial Counties Labor Council at Mission Valley stadium and Palomar continue to draw hundreds.

“A lot of these are people coming here who’ve worked 20, 30 years in a hotel, all kinds of people in the hospitality industry, and now find themselves in a real challenging time,” said [executive secretary-treasurer of the Labor Council Keith] Maddox, who was volunteering Saturday morning. “These are people who’ve never before asked for a helping hand. We have some of our own members who are out of work and are helping pass out food and will take a box for themselves and a neighbor who has no food.”

Like many convention cities (including San Francisco, San José, Los Angeles, and Anaheim), San Diego's hotel and other hospitality industry has been brutal.

UNEMPLOYMENT EXECUTIVE MEMO: As the details came out about the "$400/week unemployment supplement" in the President's executive memo signed at Bedminster last night came out this morning, the devil is in the details. In looking at each of the executive orders, Heather Long writes for WaPo:

Trump’s memo calls for federal aid to restart at a level of $400 a week. But there’s a catch: The federal government is only paying for $300 of that. States have to kick in the other $100. Many states are currently cash-strapped as they fight the coronavirus, and there’s concern governors won’t sign on to do this.

It's a 3:1 match program, meaning Californians don't benefit unless California kicks in. Here's the operative part from the executive memo:

(d)  For purposes of this memorandum, the term “Eligible claimants” means claimants who:

(i)   receive, for the week lost wages assistance is sought, at least $100 per week of any of the following benefits:

The memo then lists state unemployment insurance funds, the previous federal COVID assistance, and a couple of other not-new money.

About the state match, Treasury Secretary Steven Mnuchin said this morning on Fox News Sunday: "That's coming from money we've already given to the states."

For the week ending July 25, California had (advance) 2,817,289 active insured beneficiaries according to the Department of Labor. That number is likely to go back up as the return of the shutdown of restaurants, bars, and other businesses sets in. It had been 3.14 million the prior week. But assuming the 2,817,289 number, California is expected to come up with $281.7 million per week

I'm not sure about the balance of the federal CARES Act funds sent to California, but I'm pretty sure we're already set to borrow from the feds for the unemployment insurance account, which is not unusual in even normal recessions. I'll try to research these issues over the next few days although perhaps a deal comes together in Washington as there are bipartisan calls of the Presidents actions as unconstitutional. 

After I wrote this item, CNN posted a story similar to that of WaPo's, which confirms what I thought first thing this morning, was suggested by WaPo, and confirmed by CNN:

States have to chip in. Now, under Trump's measure, the federal government is requiring states to pick up the tab for 25% ($100) of the as much as $400 additional benefit each person may be able to receive weekly in additional aid. On top of that, a state must agree to enter into this financial agreement with the federal government for any unemployed person living there to get any of the additional benefits.

NURSE PRACTITIONERS: The perennial fight over scope of practice for nurse practioners appeared to have a breakthrough yesterday, with Senate Business, Professions and Economic Development approving AB 890 (Wood) with 7 votes in favor, Pan voting no, and Galgiani not voting. COVID-19 appears to have been a catalyst, as well as some amendments that may have reduced the magniture of the physician group opposition. 

FOR-PROFIT COLLEGES: While many of the viewers of Senate B&P yesterday tuned in for AB 890, there was a lengthy and interesting fight before that on AB 70 (Berman). The bill seeks to keep California-based for-profit colleges under state administrative procedure for such things as student consumer complaints. It's no secret that these colleges have been under great scrutiny by both the federal and state government, particularly after the implosion of Corinthian Colleges, which left thousands of students in limbo after paying hefty fees. You'll notice that all those commercials that used to be all over the the teevee have significantly declined.

To survive, many have wrapped themselves in a cloak of having the accredited part of the institution as a nonprofit, while having contracts with the former for-profit institution for administrative and other functions. AB 70 was trying to "pierce the corporate veil," a phrase familiar to those of you who've had some formal or informal legal education.

The controversy surrounds an arrangement between Ashford University, which was an online for-profit based In San Diego owned by publicly traded Zovio (aka Bridgepoint).

Ashford has entered into a contractual relationship with University of Arizona to operate a new University-affiliated nonprofit online "University of Arizona Global," transferring the Ashford accreditation to the new nonprofit. The new nonprofit subsequently contracted back with Zovio for the "education technology platform."

Ashford was the only opponent of AB 70 yesterday, but Zovio has an top-notch lobbying team.

This is the provision that Ashford wanted an exemption from, and they had language in the hands of members.

"(4) The nonprofit institution has not entered into any contracts, loans, or leases with a term of longer than three years with the former for-profit institution’s owners and managers."

Obviously, author Marc Berman (D-Palo Alto) wanted to stand by it as Ashford is the largest California-based online example. For-profits with physical locations within California are under ther purview of the California Bureau for Private Postsecondary Education of the Department of Consumer Affairs, while those operating exclusively online and sited outside of California are not.

We'll skip the testimony, as the only testimony was from influential lobbyist George Miller IV, son of former Congressman George Miller III, who is the son of the late George Miller Jr., a state senator from 1948-1969. He's a powerhouse and his testimony on behalf of Ashford/Zovio yesterday showed his composure and understanding of the legislative process.

His father was chair of House Health, Education, Labor, and Pensions (HELP) when the reconciliation package went through in 2010 the included both the Affordable Care Act and the Student Aid and Fiscal Responsibility Act, which eliminated the private student loan processing and expanded direct lending, expanded Pell Grants, and provided community colleges with grants from Trade Adjustment Allowance funds. In other words, I spent time in his father's office when that package was being crafted. An aside, George Miller III is also a graduate of UC Davis School of Law.

Back to AB 70. When the discussion moved to the committee, it was clear there weren't the votes for it to pass without the exemption sought by Ashford/Zovio, or some compromise, like a ten-year contract. Senator Scott Wilk (R-Santa Clarita) paraphrased possible amendments. Senator Connie Leyva (D-Chino) made a motion to approve the bill as written. That motion failed.

Then, Senator Cathleen Galgiani (D-Stockton) read prepared language for an amendment to exempt a nonprofit from contracting with a former for-profit parent if it was affiliated with a public institution, which was clearly crafted for the Ashford/Zovia/UofA arrangement.

Author Berman was asked how he felt about it. He responded "If that's the only game in town, then that's the game we've got to play." As I tweeted, it sounded like a line from The Wire.

I can't remember if Galgiani or someone else made the motion, but the bill with the proposed amendment for Ashford passed.

However, at the very end of the hearing around 6.5 hours later -- that vote was rescinded (likely upon request of Assembly Member Berman who had decided that he didn't want to play that game. That effectively killed the bill, which passed the Assembly 78-0, for the session. It also highlights the tension between the two houses, something that lobbyists know well about and use strategically. In playing the game, you've got to know when to make your move.

It's a fascinating item to watch and, as the first bill of the hearing warmed viewers up for what was going to be a very long Saturday. The video is available. The hour-long AB 70 item starts around 11:00. The unanimous consent to rescind the vote is at 6:39:40.

The AB 890 debate on nurse practitioners follows the AB 70 debate about 5 minutes later.

POLICING: For the PE, Beau Yarbrough looks at how police are trained in California amidst debates over use of force (as we saw in Friday's Senate Public Safety Committee, which I wrote about yesterday).

State Sen. John Moorlach, R-Costa Mesa, who sits on the Senate Standing Committee on Public Safety, would like the Commission on Peace Officer Standards and Training (POST), which sets the legal standards for policing in California, to review their curriculum.

“Where are the criticisms? Where are the deficiencies? Who’s making the mistakes?” he said. “They have state-of-the-art training. So now the question is: How much and how often and how do you even know if it’s working?”

And even if police receive the training, will they take it to heart?

“You can give all the training in the world, but if the culture doesn’t accept it, you just sat through a class,” said Val Graham, a retired Riverside Police lieutenant who now teaches criminal justice at Riverside City College and Norco College.

BAGHDAD BY THE BAY: For Politico, Jeremy B. White reports on how "San Francisco Democrat" has turned from a slander into something that has propelled many of the nation's leaders.

Now, “San Francisco Democrat” stands for something else—a governing force that not only dominates the Golden State but has produced some of the defining figures of the Democratic Party. Nancy Pelosi is the most powerful House speaker in a generation. Dianne Feinstein is the doyenne of the Senate. Gavin Newsom, governor of California, is seen as future presidential timber.

And bidding for a spot at the top of that list is Kamala Harris, one of the highest-profile 2020 presidential contenders, and now on the shortlist of potential running mates for Joe Biden.


The dominance of San Francisco politicians in California—with its vast media and fundraising resources—give them a natural launching pad for national leadership. It helps that the very issues that once defined San Francisco as the lefty fringe of the Democratic Party are now close to the center of the party’s national platform—and, in some cases, go unchallenged by Republicans.

Some people think that Herb Caen's famous moniker for the city reflects poorly upon it because most of us grew up with a Baghdad under Saddam Hussein, war, and tyrrany. But, the legendary late columnist loved by some, hated by some, but read by all coined the term in the late 1940s to reflect the city's multiculturalism and colorful nature perhaps referring to the times of Babylon.

UC (HOPEFULLY) NO FLU: The University of California is mandating all faculty, staff and students to get a flu vaccination before November 1, reports Lauren Hernández for the Chron.

cakeday, farewell, and classifieds after the jump...

Probolsky Research

CAKEDAY: Happy birthday to Senator Brian Jones and Teresa Stark!

FAREWELL: Lobbyist and former Capitol chief of staff Ivan Altamura (1967-2020)


Add your classified now both in The Nooner and online for $50/week or $150/month by emailing, 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]

Research Analyst, Full-Time (remote)

Probolsky Research is a market and opinion research company based in Newport Beach, California. We are woman and Latina-owned. We are non-partisan, independent researchers passionate about accuracy, data security, and using storytelling to make data usable.

The Research Analyst is responsible for facilitating market and opinion research projects from instrument design to project fulfillment, final research deliverables and presentation to client.


  • Competitive salary commensurate with experience
  • Company-funded medical insurance
  • Paid vacation

Location: We are a virtual company – work from anywhere

California School Boards Association - Public Affairs & Community Engagement Representative (LA North/Ventura)
Serve as CSBA’s liaison to local schools and county boards of education, key decision makers, and the community-at-large. Execute grassroots strategies designed to build relationships with, train, and mobilize local school board members and communities to advance CSBA’s legislative and statewide ballot measure advocacy priorities. Coordinates and executes fundraising events. Remote position based in the following location: LA North/Ventura. Salary based on experience. Please apply at:
Between 1-3 unfurnished offices are available for sublease in the Wells Fargo office building, 400 Capital Mall Sacramento, CA 95814. The offices are approximately 12’X10’ each. Internet, gym. 24/7/365 key card access; professional offices. One year lease preferred. $1,500 per office. Contact Tricia Horan at or 415-919-7990 with questions.
Offices available for sublease: Meridian Plaza

Between 1-3 offices are available for sublease in the Meridian Plaza office building, 1415 L Street, two blocks from the Capitol. The offices are approximately 150 SF each. Internet, gym, partially furnished (desk, chair, bookcases) are included. 24/7/365 key card access; floor-ceiling windows facing Sierras; professional offices. One year lease preferred. $1,500 per office. Contact Jane at or (415) 577-9734 with questions.

Photos: 1 | 2 | 3

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: