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A Look at Some of the Key Bills Passed

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After a bill has been sent to the governor, he has 30 days to sign or veto it, or it automatically becomes law. On most bills, Gov. Arnold Schwarzenegger has not yet taken a position.

EDUCATION

For the record:

12:00 a.m. Sept. 1, 2004 For The Record
Los Angeles Times Wednesday September 01, 2004 Home Edition Main News Part A Page 2 National Desk 2 inches; 69 words Type of Material: Correction
Homeowners associations -- An article in Sunday’s Section A summarizing bills passed by the state Legislature listed two groups as supporting AB 2598, which would outlaw home foreclosures by homeowners associations against property owners who owe small sums. The California Assn. of Community Managers, termed the California Assn. of Managers in the article, opposes the bill, and the Executive Council of Homeowners does not have a position on it.

School Spending

AB 825 by Assemblyman Marco Firebaugh (D-Los Angeles) would give school districts more flexibility in how they spend money. It would consolidate 22 programs into six large block grants.

One proposed block grant, for example, would combine funding for 10th-grade counseling, dropout prevention and programs for at-risk youths. School districts could decide how much of the block grant to spend on each program.

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The bill’s supporters included the California School Boards Assn., the Assn. of California School Administrators, the Los Angeles Unified School District and several other school systems. There was no organized opposition.

College Transfers

SB 1785 by Sen. Jack Scott (D-Altadena) would require officials to establish a standard curriculum for high-demand bachelor’s degree programs to ease the way for transfers by community college students to California State University campuses.

Currently, the average community college transfer student earns more credits than necessary for a bachelor’s degree.

The measure was strongly supported by Cal State administrators, but initially opposed by some Cal State and community college faculty.

University Fees

AB 2710 by Assembly members Carol Liu (D-La Canada Flintridge) and Manny Diaz (D-San Jose) would make fee increases more predictable for students at University of California and California State University campuses.

The measure calls for increases to be gradual and predictable and for hikes in undergraduate fees to be no more than 8% in a given academic year.

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The bill was opposed by Cal State administrators, the California Department of Finance and some Republican lawmakers.

School Repairs

SB 6 by Sen. Dede Alpert (D-Coronado) would allow the state to divert $800 million of existing education funds to make emergency repairs at low-performing schools.

The money is a key part of a settlement negotiated between Gov. Arnold Schwarzenegger’s lawyers and the American Civil Liberties Union. The settlement ended a 4-year-old lawsuit that accused the state of denying low-income students adequate school resources.

The bill was supported by Schwarzenegger, the ACLU, the California School Boards Assn., the Los Angeles Unified School District and other school systems. There was no formal opposition.

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ENVIRONMENT

Cruise Ship Dumping

AB 2672 by Assemblyman Joe Simitian (D-Palo Alto) would bar cruise ships from releasing raw sewage into California waters.

The legislation would affect hundreds of ships that dock in the state every year. California ports saw roughly 650,000 passengers in 2001, making the state the second-largest cruise ship destination in the country.

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To implement the law, the state would have to obtain permission from the federal government.

The measure, sponsored by the environmental group Bluewater Network, was supported by the California Coastal Commission. It was opposed by the International Council of Cruise Lines.

Cellphone Recycling

AB 2901 by Assemblywoman Fran Pavley (D-Agoura Hills) would require all sellers of cellular phones to allow consumers to turn in old models for recycling at their stores starting July 2006.

Mobile phones contain a number of toxic substances. Of the 175 million in use, officials estimate that only 5% will be reused or recycled. Officials estimate that, as of July 2006, about 16 million cellphones will be discarded annually in California.

The measure, sponsored by the environmental group Californians Against Waste, was supported by the League of California Cities and a number of trash haulers. It was opposed by the Electronic Industries Alliance, an industry trade group, and Sony Ericsson Mobile.

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GOVERNMENT

Primary Elections

SB 1730 by Sen. Ross Johnson (R-Irvine) would change the date of primary elections from March back to June.

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In 1996, the primaries were advanced to March in hopes that the state would gain clout in the presidential nominating process. Other states moved their primaries to even earlier dates, and voter turnouts in California declined.

There was no organized opposition to the bill.

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LAW ENFORCEMENT

.50-Caliber Rifles

AB 50 by Assemblyman Paul Koretz (D-West Hollywood) would make it illegal after Jan. 1 to manufacture, sell, distribute, import or possess a .50-caliber rifle in California without a permit. Those who already possessed such rifles before Jan. 1 would be able to register them. The bill provides an exemption for law enforcement.

Large-caliber rifles allow a shooter to hit targets at great distance and penetrate armor at a shorter distance. Los Angeles already bans the sale of such rifles because of those qualities.

Among the supporters were the Brady Campaign to Prevent Gun Violence, the city of Los Angeles, the California Chapter of the American College of Emergency Physicians and the Los Angeles County Sheriff’s Department. The bill was opposed by the Fifty Caliber Shooters Assn. and the National Rifle Assn.

Handgun Ammunition

SB 1152 by Sen. Jack Scott (D-Altadena) would require sellers of handgun ammunition to check the identification of buyers and ensure that they are at least 21 years old.

The bill would require sellers to record the identification of buyers, including thumbprints, and make it available to law enforcement officers on request.

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The bill would grant an exemption on the thumbprint rule for licensed hunters.

The bill was supported by the city of Los Angeles, the Brady Campaign to Prevent Gun Violence, the California Chapter of the American College of Emergency Physicians and the California Police Chiefs Assn.

Opponents included the California Rifle and Pistol Assn., the California Waterfowl Assn., the National Assn. of Firearms Retailers, the National Rifle Assn. and the Peace Officers Research Assn. of California.

Megan’s Law Database

AB 488 by Assemblywoman Nicole Parra (D-Hanford) would make the Megan’s Law database of sex offenders registered in California available on the Internet, effective July 2005.

The bill also would require a public listing of the home addresses of the most dangerous offenders, effective July 2006. That list would include those who have been convicted of committing a lewd act on a child 14 or younger, a sex crime that included force or fear as an element, or two or more sex offenses in separate trials.

The measure was supported by Atty. Gen. Bill Lockyer, the California District Attorneys Assn., the League of California Cities and the Los Angeles County Sheriff’s Department. Opponents included the American Civil Liberties Union and California Attorneys for Criminal Justice.

Food Stamps and Drug Felons

AB 1796 by Assemblyman Mark Leno (D-San Francisco) would make most convicted drug felons eligible for food stamps. Federal law prohibits felons with drug convictions from receiving food stamps, but allows states to opt out of the ban. The measure would make California the 32nd state to do so.

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The California Police Chiefs Assn., the California Conference of Catholic Bishops and many civil rights organizations supported the legislation.

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TRANSPORTATION

High-Speed Driving

AB 2237 by Assemblywoman Nicole Parra (D-Hanford) will boost penalties for high-speed driving, an escalating problem in California. In the last decade, citations for driving more than 100 miles per hour have tripled statewide.

The bill was signed by the governor Tuesday.

Current law caps fines at $500 for those convicted of topping 100 mph. The new law would increase the maximum fines to $750 for a person convicted of driving faster than 100 mph for the second time in three years and $1,000 for a third offense within a five-year period.

Supporters of the legislation included the California State Automobile Assn., the Automobile Club of Southern California and the Los Angeles County Sheriff’s Department.

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DEVELOPMENT

‘Granny Flats’

AB 2702 by Assemblyman Darrell Steinberg (D-Sacramento) would make it easier for property owners to build second units, or “granny flats,” next to existing homes.

Touted as a way to ease the housing crunch, the bill would prohibit local governments from enacting guidelines that were so stringent they had the effect of banning second dwellings.

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The measure could have the largest impact in affluent cities, where opposition to higher-density housing is strongest.

Supporters included the Western Center on Law and Poverty and the California Assn. of Realtors. Opponents included the League of California Cities and the California Assn. of Counties.

Homeowners Associations

AB 2598 by Assemblyman Darrell Steinberg (D-Sacramento) would outlaw home foreclosures by homeowners associations against property owners who owe small sums.

The legislation would require California’s 37,000 associations go to small-claims court to recover unpaid amounts less than $2,500. That would end the practice of foreclosing or threatening to foreclose on homes to collect amounts less than that.

Sponsors of the bill included the California Alliance for Retired Americans, the California Assn. of Managers and the Executive Council of Homeowners. There was no registered opposition.

Superstores

SB 1056 by Sen. Richard Alarcon (D-Sylmar) would require local governments to conduct economic impact studies before approving large stores such as those built by Wal-Mart.

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The legislation would apply to any retail outlet of more than 130,000 square feet that devoted at least 10% of sales to groceries.

Supporters said it would require local governments to assess whether these big stores negatively affected the local economy; opponents said it was an attempt by supporters of organized labor to penalize Wal-Mart, a nonunion firm.

Sponsors included the California Hispanic Professionals Assn., the AFL-CIO, the Teamsters and Sierra Club California. Those opposed included Associated Builders and Contractors of California, the League of California Cities, the California Chamber of Commerce, Wal-Mart and Costco Wholesale.

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HEALTH

Needle Exchanges

AB 2871 by Assemblywoman Patty Berg (D-Eureka) would end a requirement that a city or county must declare a local emergency to start a needle-exchange program.

SB 1159 by Sen. John Vasconcellos (D-Santa Clara) would permit a pharmacist or physician to furnish clean hypodermic needles and syringes to people without a prescription.

Intravenous drug users are at risk of HIV and hepatitis infections. Currently, 14 cities and counties have legal needle-exchange programs to reduce that risk.

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Supporters included medical organizations, AIDS activists, civil rights groups and some city and county officials who said the bills would help prevent the spread of HIV and hepatitis C and reduce healthcare costs.

Opponents included law enforcement associations and some city and county officials who said the bills would encourage illegal drug use and make convicting users of illegal drugs more difficult.

Posthumously Conceived Children

AB 1910 by Assemblyman Tom Harmon (R-Huntington Beach) would grant inheritance rights to children conceived using frozen sperm or embryos within one year after a parent has died.

The legislation would offer legal recognition of parents who gave permission before their deaths for their sperm or eggs to be used to conceive a child. Human clones would be denied any inheritance rights under the legislation.

If it is enacted, California would be one of the first states to pass a law governing inheritance rights in such cases.

The legislation passed with overwhelming support in the Senate and Assembly. There was no publicly stated opposition.

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Cosmetic Surgery

SB 1336 by Sen. John L. Burton (D-San Francisco) would permit dentists trained in surgery to perform elective facial cosmetic procedures. The law would create a special credentialing committee.

The legislation would affect a fairly small number of dentists who have completed specialized surgical training programs offered at nine hospitals statewide.

The bill was sponsored by the California Dental Assn. and the California Assn. of Oral and Maxillofacial Surgeons, which argued that it would grant surgical privileges to oral surgeons for procedures they already routinely perform in hospital trauma and reconstructive cases.

Opponents included the California Society of Plastic Surgeons and the California Medical Assn., which contended that patients could be harmed because oral surgeons do not have the training and qualifications for general plastic surgery.

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CONSUMERS

Hotel, Motel Rates

SB 1363 by Sen. Denise Ducheny (D-San Diego) would make it a misdemeanor for the owner of any hotel or motel to raise room rates by more than 10% for a month after a natural disaster prompted the declaration of a state of emergency.

Ducheny said that after the fires last October, some motels and hotels in San Diego and Imperial counties raised rates by as much as 100%.

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The legislation was endorsed by the Imperial County district attorney’s office and the Seismic Safety Commission. Republican opponents of the bill warned that it would discourage hotels and motels from serving disaster victims.

Domestic Ferrets

SB 89 by Sen. Dede Alpert (D-Coronado) would grant amnesty to the owners of pet ferrets.

The legislation would affect owners of the 160,000 to 500,000 ferrets thought to be in the state.

Existing law prohibits the importation, transportation, possession or release of ferrets without a permit from the state Department of Fish and Game, and few such permits have been issued. The bill would require the department to issue a certificate of amnesty to any ferret owner who can document that the pet has been vaccinated against rabies and either spayed or neutered.

Supporters of the legislation included various ferret-owners groups and the Contra Costa Humane Society. Opponents included the Department of Fish and Game, the California Waterfowl Assn. and the Planning and Conservation League.

Cellphone Privacy

AB 1733 by Assemblywoman Sarah Reyes (D-Fresno) would require wireless telephone companies to get permission from customers before listing them in a directory or selling their phone numbers to anyone.

The bill was prompted by the recent announcement by an industry group, the Cellular Telecommunications and Internet Assn., that it would soon create a national directory of cellphone numbers.

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The bill was supported by consumer organizations and privacy advocates and opposed by cellphone industry groups.

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BUSINESS

Minimum Wage

AB 2832 by Assemblywoman Sally Lieber (D-Mountain View) would raise the minimum wage in California from $6.75 an hour to $7.25 on July 1, 2005, and to $7.75 on July 1, 2006.

The measure, which would most affect low-wage workers and small-business owners, was supported by labor unions and liberal-oriented public policy think tanks.

The California Chamber of Commerce and California Restaurant Assn. led the opposition.

Outsourcing

AB 1829 by Assemblywoman Carol Liu (D-La Canada Flintridge) would prohibit state and local agencies from contracting to have state services performed by low-wage workers outside the United States.

Labor unions supported the measure; it was opposed by manufacturers, bankers, insurance firms and the California Chamber of Commerce.

‘Brownfields’

AB 389 by Assemblywoman Cindy Montanez (D-San Fernando) would provide incentives for developers to build residential and commercial projects on so-called “brownfields,” former industrial sites that were tainted with pollution.

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Builders would be protected from lawsuits or government enforcement action after a state agency has certified that cleanup work has been completed.

State regulators, however, could reopen enforcement actions if severe pollution that threatened the public health was found later.

The bill was supported by home builders, city redevelopment agencies and some environmental groups. Other environmental groups opposed it, saying the measure would let property owners off the hook in cleaning up polluted groundwater.

Electricity

AB 2006 by Assembly Speaker Fabian Nunez (D-Los Angeles) would provide incentives to Southern California Edison and other private utility companies to build power plants and sign long-term contracts with private power generators for electricity.

The bill would not allow large power users to buy electricity from outside the state grid.

The bill was backed by Edison and some consumer and environmental organizations. Manufacturers, private power generating firms and big-box retailers opposed it.

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Times staff writers Hector Becerra, Miguel Bustillo, Duke Helfand, Nita Lelyveld, Marc Lifsher, Eric Malnic, Geoffrey Mohan, Carla Rivera, Stuart Silverstein and Richard Winton contributed to this report.

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