Floor Session, 9 a.m.
GOVERNOR'S VETOES
1
S.B. No. 211-Emmerson et al.
An act relating to air pollution.
To the Members of the California State Senate:
I am returning Senate Bill 211 without my signature.
This bill codifies a tire gauge accuracy requirement that is already in
regulation and removes tire age as a consideration by the automotive ser-
vice providers when determining whether a tire is unsafe for use. This bill
is both unnecessary and omits a significant factor relating to public high-
way safety.
The California Air Resource Board's Regulation to Reduce Green-
house Gas Emissions from Vehicles Operation with Under Inflated Tires
requires automotive service providers to check and inflate a vehicle's tires
to the manufacturer's recommended pressure at the time a vehicle is ser-
viced. This simple action can save 75 million gallons of gasoline and re-
duce greenhouse gas emissions by 700 thousand metric tons annually.
Placing provisions of ARB's regulation into statute unnecessarily
limits ARB's ability to revise the regulation in the future to ensure that it
achieves the greatest air quality improvements and greenhouse gas emis-
sion reductions possible without legislative action. Furthermore, by elim-
inating "age" as a factor bearing on a tire's safety, the bill seeks to circum-
vent the rulemaking process and overlooks significant evidence that age
could degrade the performance capabilities of a tire. In this way, the bill
disregards the stakeholder participation and transparency that were exer-
cised during the rulemaking process.
Sincerely,
Edmund G. Brown Jr.
2011
Sep. 6-Shall Senate Bill 211 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before Febru-
ary 28, 2012, pursuant to Joint Rule 58.5.)
2
S.B. No. 724-Dutton et al.
An act relating to air pollution.
To the Members of the California State Senate:
I am returning Senate Bill 724 without my signature.
This bill would require the Air Resources Board (ARB) to respond
to an applicant in writing within 30 working days of receipt of a certifica-
tion application for a vehicle, engine, or equipment family regarding the
application's completeness and acceptance for filing. If the ARB deter-
mines that the application is not complete, ARB must specify in writing
the information required to make it complete.
The ARB's vehicle and equipment certification process is intended
to ensure that new vehicles, equipment, and engines sold in California
meet minimum emission standards to protect air quality and public health.
Under the current certification process, the ARB works closely with appli-
cants to obtain the information necessary to make an approval determina-
tion and issue a certification for sale. In fact, ARB issues approval deter-
minations within 90 days for over 96 percent of applications once they are
deemed complete.
Moreover, this bill could interfere with the iterative information gathering
application approval process, thereby rushing the process and inadver-
tently allowing vehicles with defective emission components on the mar-
ket.
Finally, I would note that no real or convincing evidence has been present-
ed to me that justifies a rigid, 30 day deadline for a written response.
Sincerely,
Edmund G. Brown Jr.
2011
Sep. 6-Shall Senate Bill 724 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before Febru-
ary 28, 2012, pursuant to Joint Rule 58.5.)
3
S.B. No. 28-Simitian et al.
An act relating to vehicles.
To the Members of the California State Senate:
I am returning Senate Bill 28 without my signature.
I certainly support discouraging cell phone use while driving a car,
but not ratcheting up the penalties as prescribed by this bill.
For people of ordinary means, current fines and penalty assessments
should be sufficient deterrent.
Sincerely,
Edmund G. Brown Jr.
2011
Sep. 7-Shall Senate Bill 28 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before Febru-
ary 29, 2012, pursuant to Joint Rule 58.5.)
4
S.B. No. 88-Yee et al.
An act relating to elections.
To the Members of the California State Senate:
I am returning Senate Bill 88 without my signature.
This bill mandates that a phonetic transliteration of a candidate's al-
phabet-based name be provided whenever a translation of the candidate's
name into a character-based language is provided on ballot materials.
Existing law, allows local elections officials to establish appropriate
policies, including providing transliterations and processing or approving
candidate-provided transliterations. Several counties have adopted poli-
cies to address the concern raised by this bill, i.e. that candidates are pro-
viding names that do not represent their actual name and history in the par-
ticular community.
With California's severe fiscal challenges, restraint must be exer-
cised with regard to any new state mandates. I believe this discretion
should remain at the local level where a decision can be made based on
local needs.
Sincerely,
Edmund G. Brown Jr.
2011
Sep. 7-Shall Senate Bill 88 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before Febru-
ary 29, 2012, pursuant to Joint Rule 58.5.)
5
S.B. No. 105-Yee et al.
An act relating to public safety.
To the Members of the California State Senate:
I am returning Senate Bill 105 without my signature.
This measure would impose criminal penalties on a child under the
age of 18 and his or her parents if the child skis or snowboards without a
helmet.
While I appreciate the value of wearing a ski helmet, I am concerned
about the continuing and seemingly inexorable transfer of authority from
parents to the state. Not every human problem deserves a law.
I believe parents have the ability and responsibility to make good
choices for their children.
Sincerely,
Edmund G. Brown Jr.
2011
Sep. 7-Shall Senate Bill 105 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before Febru-
ary 29, 2012, pursuant to Joint Rule 58.5.)
6
S.B. No. 111-Yee et al.
An act relating to civil rights.
To the Members of the California State Senate:
I am returning Senate Bill 111 without my signature.
Existing law already prohibits businesses from limiting the use of
language without a business necessity. In addition, existing law specifi-
cally protects against discrimination based on language when it is used as
a pretext to discriminate against persons due to their national origin.
I am concerned that businesses, especially small businesses, could
run afoul of this measure without any malice or bad intent, thereby sub-
jecting themselves to costly litigation.
Sincerely,
Edmund G. Brown Jr.
2011
Sep. 7-Shall Senate Bill 111 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before Febru-
ary 29, 2012, pursuant to Joint Rule 58.5.)
7
S.B. No. 350-Negrete McLeod.
An act relating to the Public Employees' Retirement System.
To the Members of the California State Senate:
I am returning Senate Bill 350 without my signature.
This bill allows CalPERS, for certain local government members, to
combine three survivor benefit levels into the level with the highest bene-
fit and to suspend employee premiums.
Although the benefits increased by this bill are funded by substantial
excess reserves, the changes this bill makes should be part of a more com-
prehensive pension reform.
Sincerely,
Edmund G. Brown Jr.
2011
Sep. 7-Shall Senate Bill 350 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before Febru-
ary 29, 2012, pursuant to Joint Rule 58.5.)
8
S.B. No. 448-DeSaulnier et al.
An act relating to voting.
To the Members of the California State Senate:
I am returning Senate Bill 448 without my signature.
I find this bill provocative, but ultimately unpersuasive.
If it is acceptable to force paid signature gatherers to place identify-
ing badges on their chests, will similar requirements soon be placed on
paid campaign workers?
I choose not to go down this slippery slope where the state decides
what citizens must wear when petitioning their government.
Sincerely,
Edmund G. Brown Jr.
2011
Sep. 7-Shall Senate Bill 448 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before Febru-
ary 29, 2012, pursuant to Joint Rule 58.5.)
9
S.B. No. 745-Hernandez.
An act relating to pupils.
To the Members of the California State Senate:
I am returning Senate Bill 745 without my signature.
While I support the author's intent to protect students from potential-
ly disparate admissions treatment under district of choice programs, cur-
rent law already contains appropriate safeguards and I have not been pre-
sented with evidence that demonstrates that a problem exists that warrants
a statewide directive.
Sincerely,
Edmund G. Brown Jr.
2011
Sep. 7-Shall Senate Bill 745 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before Febru-
ary 29, 2012, pursuant to Joint Rule 58.5.)
10
S.B. No. 888-Lieu et al.
An act relating to crime.
To the Members of the California State Senate:
I am returning Senate Bill 888 without my signature.
This measure seeks to address the offensive conduct of those who
protest at private funerals to gain publicity for their causes, and I am very
tempted to sign it. When I was the Attorney General, I joined an amicus
brief in the Supreme Court arguing that funeral protesters should be held
accountable to their victims. But earlier this year, the Supreme Court ruled
that funeral protests are protected by the First Amendment and can be cir-
cumscribed in only extremely limited ways.
I cannot in good faith sign this measure because it plainly fails to
comport with the Supreme Court's decision.
Sincerely,
Edmund G. Brown Jr.
2011
Sep. 7-Shall Senate Bill 888 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before Febru-
ary 29, 2012, pursuant to Joint Rule 58.5.)
11
S.B. No. 386-Harman.
An act relating to state parks, and declaring the urgency thereof, to take effect
immediately.
To the Members of the California State Senate:
I am returning Senate Bill 386 without my signature.
This bill would order state park staff to put certain information on the
internet and answer inquiries about park closures. A good idea but not one
that needs a law.
What the parks do need is sufficient funding to stay open -- some-
thing I feel compelled to note the author and his colleagues refused to let
the people vote on.
Sincerely,
Edmund G. Brown Jr.
2011
Sep. 21-Shall Senate Bill 386 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
12
S.B. No. 715-Calderon et al.
An act relating to annuity transactions.
To the Members of the California State Senate:
I have just signed AB 689, a bill virtually identical to the one before
me. Another won't be needed.
I am returning Senate Bill 715 without my signature.
Sincerely,
Edmund G. Brown Jr.
2011
Sep. 21-Shall Senate Bill 715 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
13
S.B. No. 847-Correa.
An act relating to medical marijuana.
To the Members of the California State Senate:
I have already signed AB 1300 that gave cities and counties authority
to regulate medical marijuana dispensaries -- an authority I believe they
already had.
This bill goes in the opposite direction by preempting local control
and prescribing the precise locations where dispensaries may not be lo-
cated. Decisions of this kind are best made in cities and counties, not the
State Capitol.
I am returning Senate Bill 847 without my signature.
Sincerely,
Edmund G. Brown Jr.
2011
Sep. 21-Shall Senate Bill 847 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
14
S.B. No. 296-Wright.
An act relating to gangs.
To the Members of the California State Senate:
I am returning Senate Bill 296 without my signature.
This measure would require that a special form be given to gang
members when they are served with an injunction to make it easier to peti-
tion the court for an exclusion from the injunction.
Under current law, people who are served with a gang injunction are
given the full panoply of legal rights to contest an injunction against them.
Prosecutors believe that this bill will increase meritless litigation in
our courts which are already laboring under severe cut backs. I agree.
Sincerely,
Edmund G. Brown Jr.
2011
Sep. 29-Shall Senate Bill 296 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
15
S.B. No. 590-Calderon.
An act relating to life insurance.
To the Members of the California State Senate:
Under current law, a salesperson must give written notice before sel-
ling insurance to a senior citizen at home. This bill --sponsored by the
American Bankers Insurance Company-- would exempt the sale of fu-
neral and burial insurance policies from this advanced notice requirement.
I see no compelling reason to take this protection away from seniors.
I am returning Senate Bill 590 without my signature.
Sincerely,
Edmund G. Brown Jr.
2011
Sep. 30-Shall Senate Bill 590 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
16
S.B. No. 671-Price.
An act relating to shorthand reporters.
To the Members of the California State Senate:
This bill would make license renewal for court reporters contingent
on continuing education. The whole idea of legally mandated "continuing
education" is suspect in my mind. Professionals already are motivated to
hone their skills - or risk not getting business.
Requiring them to pay fees to "continuing education providers" is an
unwarranted burden.
I am returning Senate Bill 671 without my signature.
Sincerely,
Edmund G. Brown Jr.
2011
Sep. 30-Shall Senate Bill 671 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
17
S.B. No. 834-Wolk et al.
An act relating to water.
To the Members of the California State Senate:
I am returning Senate Bill 834 without my signature because I do not
believe it adds anything to current law.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 2-Shall Senate Bill 834 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
18
S.B. No. 223-Leno et al.
An act relating to local government finance.
To the Members of the California State Senate:
I am returning Senate Bill 223 without my signature.
This bill permits the City and County of San Francisco to enact a vot-
er-approved local assessment on vehicles registered to a San Francisco
address.
Before we embark on a piecemeal approach for one city, we should
try to fashion a broader revenue solution to our state's fiscal crisis.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 4-Shall Senate Bill 223 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
19
S.B. No. 356-Blakeslee.
An act relating to state parks, and making an appropriation therefor.
To the Members of the California State Senate:
I am returning SB 356 without my signature.
This bill would require the Department of Parks and Recreations
(Parks) to notify a county or city that intends to fully close a park in its ju-
risdiction and give the locality the option of voluntarily assuming respon-
sibility for the park.
This bill is unnecessary. Parks has already made its list of closures
available to the public and a separate notification process for cities and
counties would be duplicative. Moreover, Parks already has signed agree-
ments with localities willing to operate state parks and intends to sign
more.
The bill also would reappropriate expired funds for the California
State Railroad Museum Boiler Shop restoration project. I will address this
in the budget.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 4-Shall Senate Bill 356 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
2012
Jan. 19-Veto sustained. (Ayes 13. Noes 22.) Motion to reconsider made
by Senator Blakeslee. Reconsideration granted. (Ayes 36. Noes
0.)
20
S.B. No. 450-Lowenthal et al.
An act relating to redevelopment.
To the Members of the California State Senate:
I am returning Senate Bill 450 without my signature.
This measure contains significant legal changes that will affect Low and
Moderate Income Housing funds managed by redevelopment agencies,
but this bill is a little ahead of its time. The California Supreme Court has
indicated that it will rule on California Redevelopment Agency v. Mato-
santos by January 15, 2012, and I believe it would be premature to enact
such substantive reforms before that time.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 4-Shall Senate Bill 450 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
21
S.B. No. 29-Simitian et al.
An act relating to vehicles.
To the Members of the California State Senate:
I am returning Senate Bill 29 without my signature.
This bill standardizes rules for local governments to follow when
installing and maintaining red light cameras.
This is something that can and should be overseen by local elected offi-
cials.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 7-Shall Senate Bill 29 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
22
S.B. No. 910-Lowenthal.
An act relating to vehicles.
To the Members of the California State Senate:
The intent of this bill is to improve bicycle safety, a goal I whole-
heartedly support.
This bill changes the longstanding law for how motor vehicles
should pass a bicycle traveling in the same direction. Current law requires
drivers to pass at a safe distance; this bill would specify that the distance
must be at least 3 feet or at a speed not exceeding 15mph.
This bill offers some needed and clear improvements to the law such
as specifying a minimum buffer of 3 feet. However, Caltrans and the Cali-
fornia Highway Patrol have raised legitimate concerns about other provi-
sions such as the 15mph requirement. On streets with speed limits of 35
or 40mph, slowing to 15mph to pass a bicycle could cause rear end colli-
sions. On other roads, a bicycle may travel at or near 15mph creating a
long line of cars behind the cyclist.
I encourage the author, proponents, and opponents to send me a bill
next year that solves these problems.
I am returning Senate Bill 910 without my signature
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 7-Shall Senate Bill 910 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
23
S.B. No. 199-Correa.
An act relating to vote by mail ballots.
To the Members of the California State Senate:
I am returning Senate Bill 199 without my signature.
Allowing voters to return their vote-by-mail ballot at any polling
location in the state will add complexity to the voting and election process
without commensurate benefit.
California has liberal registration and vote-by-mail laws that are
sufficient to allow the timely return of a vote-by-mail ballot.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 7-Shall Senate Bill 199 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
24
S.B. No. 205-Correa.
An act relating to elections.
To the Members of the California State Senate:
I am returning Senate Bill 205 without my signature.
I understand the author's desire to stop fraudulent voter registration.
But I don't believe this bill - which makes it a crime to pay people for reg-
istering voters based on the number of registrations they secure - will
help.
Voting is at the heart of our democracy. Efforts to register voters
should be encouraged, not criminalized.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 7-Shall Senate Bill 205 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
25
S.B. No. 334-DeSaulnier et al.
An act relating to elections.
To the Members of the California State Senate:
I am returning Senate Bill 334 without my signature.
This bill would require that the voter pamphlet list the top five con-
tributors for and against a ballot measure. Printing of the voter pamphlet
starts months before an election, so the required contributor list would
only include contributions received more than 15 weeks before an elec-
tion. I am concerned that this outdated information could mislead voters
about the true supporters and opponents of a ballot measure.
The Secretary of State's website already provides up-to-date and ac-
curate information on all campaign contributions. It is a helpful resource
for concerned voters.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 7-Shall Senate Bill 334 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
26
S.B. No. 364-Yee et al.
An act relating to taxation.
To the Members of the California State Senate:
I am returning Senate Bill 364 without my signature.
This bill imposes penalties on businesses claiming future-enacted
hiring/employment credits should the business's number of employees
drop by more than 10% during a year.
The tactic used in this bill can be effective for assuring that busi-
nesses deliver promised employment to the State in exchange for valuable
credits. Unfortunately, the bill's approach is too broad. Penalties should
be tailored to the unique provisions of each tax credit given.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 7-Shall Senate Bill 364 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
27
S.B. No. 439-Negrete McLeod et al.
An act relating to the Political Reform Act of 1974.
To the Members of the California State Senate:
I am returning Senate Bill 439 without my signature.
This bill would prohibit board members and high-level employees
of the California Public Employees Retirement System (CalPERS) and
the California Teachers Retirement System (CalSTRS) from receiving
gifts in excess of $50 in a year from anyone who contracts with CalPERS
and CalSTRS. Current law requires that gifts in excess of $50 be reported,
but does not prohibit them outright.
As the author of the Political Reform Act, I feel strongly that gifts
made to public officials should be disclosed and subject to monetary limits
as they are under current law. In point of fact, the Fair Political Practices
Commission over the years has promulgated pages and pages of detailed
regulations covering such gifts. To now create a special set of rules that
will apply exclusively to CalPERS and CalSTRS would add more com-
plexity without sufficiently advancing the goals of the Political Reform
Act.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 7-Shall Senate Bill 439 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
28
S.B. No. 702-Lieu.
An act relating to dog licensing.
To the Members of the California State Senate:
I am returning Senate Bill 702 without my signature.
This measure would prohibit any animal control agency, animal shel-
ter, or rescue group from releasing, selling, or giving away a dog or cat that
has not been microchipped.
Under current law, local agencies and shelters can - and should - re-
quire animals to be microchipped before being released. There is no need
for state law to mandate the procedure, which would then require the state
to pay for it.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 7-Shall Senate Bill 702 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
29
S.B. No. 185-Hernandez et al.
An act relating to public postsecondary education.
To the Members of the California State Senate:
I am returning Senate Bill 185 without my signature.
I wholeheartedly agree with the goal of this legislation. Proposition
209 should be interpreted to allow UC and CSU to consider race and other
relevant factors in their admissions policies to the extent permitted under
the Fourteenth Amendment of the United States Constitution. In fact, I
have submitted briefs in my capacities as both Governor and Attorney
General strongly urging the courts to adopt such an interpretation.
But while I agree with the goal of this legislation, I must return the
bill without my signature. Our constitutional system of separation of pow-
ers requires that the courts -- not the Legislature -- determine the limits
of Proposition 209. Indeed, there is already a court case pending in the 9th
Circuit against the State and the UC on the same issues addressed in this
bill. Signing this bill is unlikely to impact how Proposition 209 is ulti-
mately interpreted by the courts; it will just encourage the 209 advocates
to file more costly and confusing lawsuits.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 8-Shall Senate Bill 185 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
30
S.B. No. 263-Pavley.
An act relating to water.
To the Members of the California State Senate:
I am returning SB 263 without my signature.
The original intent of this bill recognized that wise management and
use of groundwater supply requires public disclosure of well logs. Unfor-
tunately, as amended, this bill now unduly restricts the use of these reports
and imposes severe criminal penalties for disclosure.
California is the only western state that does not provide ready access
to well reports. That should be changed. I am directing the Department
of Water Resources to work with the author to ensure responsible public
access to well logs.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 8-Shall Senate Bill 263 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
31
S.B. No. 512-Price.
An act relating to school accountability.
To the Members of the California State Senate:
I am returning Senate Bill 512 without my signature.
This bill requires that current school reporting practices include per-
formance data for "any pupil subgroup...that includes ten or more pupils."
I commend the author for his important work to improve the public
reporting of test scores for students. I note that the African American Ad-
visory Committee convened by the State Board of Education made this
recommendation in May and it has now been adopted and implemented.
Therefore, this bill is no longer required.
I welcome the opportunity to work with the author to achieve our
mutual goals administratively whenever possible.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 8-Shall Senate Bill 512 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
32
S.B. No. 547-Steinberg et al.
An act relating to school accountability.
To the Members of the California State Senate:
I am returning Senate Bill 547 without my signature.
This bill is yet another siren song of school reform. It renames the
Academic Performance Index (API) and reduces its significance by add-
ing three other quantitative measures.
While I applaud the author's desire to improve the API, I don't be-
lieve that this bill would make our state's accountability regime either
more probing or more fair.
This bill requires a new collection of indices called the "Education
Quality Index" (EQI), consisting of "multiple indicators," many of which
are ill-defined and some impossible to design. These "multiple indica-
tors" are expected to change over time, causing measurement instability
and muddling the picture of how schools perform.
SB 547 would also add significant costs and confusion to the imple-
mentation of the newly-adopted Common Core standards which must be
in place by 2014. This bill would require us to introduce a whole new sys-
tem of accountability at the same time we are required to carry out exten-
sive revisions to school curriculum, teaching materials and tests. That
doesn't make sense.
Finally, while SB 547 attempts to improve the API, it relies on the
same quantitative and standardized paradigm at the heart of the current
system. The criticism of the API is that it has led schools to focus too nar-
rowly on tested subjects and ignore other subjects and matters that are vital
to a well-rounded education. SB 547 certainly would add more things to
measure, but it is doubtful that it would actually improve our schools.
Adding more speedometers to a broken car won't turn it into a high-per-
formance machine.
Over the last 50 years, academic "experts" have subjected California
to unceasing pedagogical change and experimentation. The current fash-
ion is to collect endless quantitative data to populate ever-changing indi-
cators of performance to distinguish the educational "good" from the edu-
cational "bad." Instead of recognizing that perhaps we have reached
testing nirvana, editorialists and academics alike call for ever more mea-
surement "visions and revisions."
A sign hung in Albert Einstein's office read "Not everything that
counts can be counted, and not everything that can be counted counts."
SB 547 nowhere mentions good character or love of learning. It does
allude to student excitement and creativity, but does not take these quali-
ties seriously because they can't be placed in a data stream. Lost in the
bill's turgid mandates is any recognition that quality is fundamentally dif-
ferent from quantity.
There are other ways to improve our schools - to indeed focus on
quality. What about a system that relies on locally convened panels to visit
schools, observe teachers, interview students, and examine student work?
Such a system wouldn't produce an API number, but it could improve the
quality of our schools.
I look forward to working with the author to craft more inspiring
ways to encourage our students to do their best.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 8-Shall Senate Bill 547 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
33
S.B. No. 737-Walters.
An act relating to organized camps.
To the Members of the California State Senate:
I am returning Senate Bill 737 without my signature.
I agree with the author's intent to clarify and simply the regulation
of organized camps, but this measure does not achieve this goal. I am di-
recting the Department of Public Health and Department of Social Ser-
vices to work with the author and interested advocates to resolve this issue
in the coming year.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 8-Shall Senate Bill 737 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
34
S.B. No. 752-Berryhill et al.
An act relating to entitlements.
To the Members of the California State Senate:
I am returning Senate Bill 752 without my signature.
This bill would require the Department of Fish and Game (DFG) to
provide license purchasers the option of releasing their contact informa-
tion to qualified non-profit conservation organizations at the time of their
license purchase.
California's non-profit conservation organizations play a valuable
role in protecting our state's fish and wildlife resources.
I am directing the DFG to work with the author on a bill next year
after our new database has matured a year and the Department can better
ascertain the implications of sharing personal information.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 8-Shall Senate Bill 752 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
35
S.B. No. 127-Emmerson.
An act relating to workers' compensation.
To the Members of the California State Senate:
I am returning Senate Bill 127 without my signature.
This bill would require the Administrative Director of the Division
of Workers' Compensation, in order to keep the Official Medical Fee
Schedule for physician services appropriately updated, to annually adopt
the Current Procedural Terminology codes, descriptors, and modifiers
published by the American Medical Association.
Updating these codes without updating other components of the fee
schedule, such as the relative values and conversion factors, would pro-
duce neither a more efficient nor accurate physician fee schedule. The bill
is a piecemeal approach which would lead to additional costs and in-
creased disputes. It also would detract from updating the fee schedule in
its entirety which the Division of Workers' Compensation is currently do-
ing.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 9-Shall Senate Bill 127 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
36
S.B. No. 503-Vargas.
An act relating to judges' retirement.
To the Members of the California State Senate:
I am returning Senate Bill 503 without my signature.
This bill allows additional pension options at retirement for a small
number of retiring judges.
These options may or may not be warranted, but because I will soon
be proposing pension reform, I am vetoing this bill now. The bill's provi-
sions can be part of the broader pension reform discussion.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 9-Shall Senate Bill 503 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
37
S.B. No. 538-Price.
An act relating to nursing, and making an appropriation therefor.
To the Members of the California State Senate:
I am returning Senate Bill 538 without my signature.
The Board of Registered Nursing protects consumers and regulates
professional nursing in California and this measure would extend the exis-
tence of this longstanding regulatory body until 2016. Unfortunately, ex-
traneous harmful provisions lurk within this otherwise benign sunset ex-
tension bill.
These provisions would dramatically expand pension benefits for a
select group of the Board's investigators. This makes no sense fiscally and
flies in the face of much needed pension reform.
It is unacceptable to jeopardize the extension of this Board's critical
consumer protection role by allowing these provisions to be included in
this otherwise simple sunset extension measure. The Board has existed for
106 years without these enhanced benefits and should continue to do so.
I would ask that as soon as it reconvenes, the Legislature send me leg-
islation that both restores the Board of Registered Nursing and restores the
provisions of law relating to "bureau status" for expired boards. In the in-
terim, I direct my administration to take all actions necessary under the
law to protect consumers and nurses alike until the Board is reconstituted
in January.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 9-Shall Senate Bill 538 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
38
S.B. No. 586-Pavley et al.
An act relating to banks and credit unions.
To the Members of the California State Senate:
This bill imposes restrictions on state chartered banks that issue sig-
nature stamps. While I appreciate the concern giving rise to this bill -- the
fraudulent use of stamps -- this bill won't eliminate that wrong. AB 332,
a measure I have already signed, more directly addresses the problem of
financial abuse against elder and dependent adults by simply increasing
fines for embezzlement, forgery and identity theft.
I am returning Senate Bill 586 without my signature.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 9-Shall Senate Bill 586 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
39
S.B. No. 747-Kehoe.
An act relating to healing arts.
To the Members of the California State Senate:
I am returning Senate Bill 747 without my signature.
This bill would order doctors, nurses and other licensed health care
professionals to take a brief "continuing education" course on how to treat
and care for lesbian, gay, bisexual, and transgender persons.
I believe that respective licensing boards are better suited than the
Legislature or the Governor to decide these matters.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 9-Shall Senate Bill 747 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
40
S.B. No. 14-Wolk et al.
An act relating to the State Budget.
To the Members of the California State Senate:
I am returning Senate Bill 14 without my signature.
This bill is another siren song of budget reform. It inflicts a "one size fits
all" budget planning process on every state agency and function -- even
functions that aren't actually managed by the state so long as they receive
any "benefit" from it.
The politically expedient course would be to sign this bill and bask in the
pretense that it is some panacea for our budget woes. But the hard truth
is that this bill will mandate thousands of hours of work -- at the cost of
tens of millions of dollars -- with little chance of actual improvement.
What California needs is a common sense approach to its budgeting,
something we have been doing for the last year and will continue to do.
Instead of requiring each and every department, no matter how big or
small or important or not, to develop and track "performance metrics,"
"target performance levels" and "desired outcomes," shouldn't we first
examine whether some of these programs or departments should exist at
all? And while some programs will clearly benefit from the performance
based budgeting approach outlined in this bill, for others it will be a costly
waste of time. The ideas we offered to take an approach based on common
sense and flexibility were unfortunately rejected.
I will issue an Executive Order in the upcoming weeks that combines the
good ideas contained in this bill with the practical, tailored approach that
I believe will make an actual difference in the way we budget and run our
government.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 9-Shall Senate Bill 14 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
41
S.B. No. 416-Kehoe.
An act to add Chapter 5 (commencing with Section 103950) to Part 2 of Divi-
sion 102 of the Health and Safety Code, related to health.
To the Members of the California State Senate:
I am returning Senate Bill 416 without my signature.
This bill mandates specific topics to be included in the California
Health Interview Survey and the Behavioral Risk Factor Surveillance
System. Both currently undergo a rigorous and thoughtful process for se-
lecting questions.
Deciding what particular questions should be in these health surveys
is better handled by the current process, not the Legislature and the Gover-
nor.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 9-Shall Senate Bill 416 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
42
S.B. No. 469-Vargas.
An act relating to land use.
To the Members of the California State Senate:
I am returning Senate Bill 469 without my signature.
This measure would require cities and counties to prepare an eco-
nomic-impact report when evaluating plans to develop certain big-box
stores. While I recognize that the merits of large-scale projects need to
be carefully considered, plenty of laws are already on the books that en-
able and in some cases require cities and counties to carefully assess
whether these projects are in a community's best interests. This bill would
add yet another layer of review to an already cumbersome process.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 9-Shall Senate Bill 469 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
43
S.B. No. 508-Wolk.
An act relating to taxation.
To the Members of the California State Senate:
I am returning Senate Bill 508 without my signature.
While I agree that we should consider sunset clauses for personal in-
come and corporate tax credits, one size does not fit all. The legislature
should examine all its bills to determine how long they should exist or, in-
deed, whether they should exist at all.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 9-Shall Senate Bill 508 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
44
S.B. No. 931-Evans et al.
An act relating to employment.
To the Members of the California State Senate:
I am returning Senate Bill 931 without my signature.
Pay cards provide workers without bank accounts a way of avoiding
high check cashing fees. They are now used by thousands of California
employees and employers. This bill seeks to contain costs for workers
who choose to accept pay cards, a goal with which I agree.
Unfortunately, this bill goes too far. It would impose numerous and
costly new requirements on pay card providers. A likely result of these
mandates is that banks and employers may simply stop offering this ser-
vice, injuring the very workers this bill aims to protect.
I strongly believe that reasonable protections are needed for those
who use pay cards. I will work with the bill's proponents and the financial
institutions to forge a better solution that I can sign into law.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 9-Shall Senate Bill 931 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
45
S.B. No. 427-De León.
An act relating to ammunition and firearms.
To the Members of the California State Senate:
I am returning Senate Bill 427 without my signature.
This measure would amend a recently enacted law concerning the
sale and purchase of handgun ammunition. That law is currently being
litigated.
Let's keep our powder dry on amendments until the court case runs
its course.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 9-Shall Senate Bill 427 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
46
S.B. No. 833-Vargas et al.
An act relating to solid waste.
To the Members of the California State Senate:
I am returning Senate Bill 833 without my signature.
This bill would prohibit the construction of a particular waste disposal
project in San Diego County. This project-which has been the subject of
vigorous local debate for over 20 years-has been put to a vote of the
people of San Diego twice and approved both times.
The primary concerns about this project relate to its proximity both to a
river and to a site sacred to federally recognized tribes.
Protection of the river is the duty and responsibility of the San Diego Re-
gional Water Quality Control Board, with a right of appeal to the State Wa-
ter Board. Numerous other regulatory agencies also have responsibilities
for protecting the river. In other words, there is already in place a fully
sufficient process to make a thoughtful and informed environmental deci-
sion about this project.
I am deeply concerned about the objections raised with respect to the
sacred site, but I don't believe it is appropriate for the Legislature to now
intervene and overturn this hard fought local land-use decision.
This dispute pains me given the unspeakable injustices the native peoples
have endured and the profound importance of their spirituality and con-
nection to the land. There's no question that more thought needs to be giv-
en to how we resolve this inherently difficult decision and to find ways for
native peoples and their fellow Californians to coexist in an inexorably
modernizing world.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 9-Shall Senate Bill 833 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
47
S.B. No. 139-Alquist.
An act relating to corrections.
To the Members of the California State Senate:
I am returning Senate Bill 139 without my signature.
I have signed Senate Bill 26 and issued an executive order to address
the proliferation of cell phones in prison. This measure, which requires
monthly searches and detailed quarterly reports, is too prescriptive. It will
cost more than $1 million each year without a commensurate benefit.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 9-Shall Senate Bill 139 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
48
S.B. No. 408-Hernandez.
An act relating to health facilities.
To the Members of the California State Senate:
I am returning Senate Bill 408 without my signature.
The bill requires hospitals and other health facilities to file a new li-
cense application with the state not only when there's a change of owner-
ship, but when far less important changes occur.
New license applications can be several hundreds of pages long and
are very costly for the hospitals as well as government. This bill would
require new license applications for routine business transactions that do
not require such scrutiny.
My administration will work with interested parties to find the right
balance for state oversight of health facility ownership transactions.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 9-Shall Senate Bill 408 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
49
S.B. No. 442-Calderon.
An act relating to health facilities.
To the Members of the California State Senate:
I am returning Senate Bill 442 without my signature.
Inquiring into a patient's cultural, religious, or spiritual beliefs is
good hospital practice, but not one that needs to be mandated by the state,
nor applied only to non-English or limited English-speaking patients.
With basic requirements for language assistance already set in law,
I believe specific improvements to hospital policies should be done at the
local level where people deal with real problems based on direct experi-
ence.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 9-Shall Senate Bill 442 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
50
S.B. No. 601-Hancock.
An act relating to prisons.
To the Members of the California State Senate:
I am returning Senate Bill 601 without my signature.
This measure would require the Department of Corrections and Re-
habilitation to post on its website prescribed information and reports and
to update them every four months.
This measure is unnecessary and redundant; existing law already re-
quires the Department to provide this information. I am happy to work
with the author on ways the Department could better organize its website,
but I don't think this takes a law.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 9-Shall Senate Bill 601 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
51
S.B. No. 676-Leno.
An act relating to industrial hemp.
To the Members of the California State Senate:
I am returning Senate Bill 676 without my signature.
This measure would establish a pilot program for the cultivation of
industrial hemp in four counties in California.
Federal law clearly establishes that all cannabis plants, including in-
dustrial hemp, are marijuana, which is a federally regulated controlled
substance. Failure to obtain a permit from the U.S. Drug Enforcement Ad-
ministration prior to growing such plants will subject a California farmer
to federal prosecution.
Although I am not signing this measure, I do support a change in fed-
eral law. Products made from hemp - clothes, food, and bath products -
are legally sold in California every day. It is absurd that hemp is being im-
ported into the state, but our farmers cannot grow it.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 9-Shall Senate Bill 676 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
52
S.B. No. 791-Simitian et al.
An act relating to mammograms.
To the Members of the California State Senate:
While I wholeheartedly support everyone's right to information
about their own health, the notice in this bill gave me pause. I talked to
many people, including doctors I respect, about the effects of the notice
-- both its risks and benefits -- and struggled over the words. Were they
a path to greater knowledge or unnecessary anxiety?
My conclusion was this: every patient needs health information they
can use. For women, that likely includes information about breast density.
But the notice contained in this bill goes beyond information about breast
density. It advises that additional screening may be beneficial. If the state
must mandate a notice about breast density -- and I am not certain it
should -- such a notice must be more carefully crafted, with words that
educate more than they prescribe.
I am returning Senate Bill 791 without my signature.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 9-Shall Senate Bill 791 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
53
S.B. No. 914-Leno.
An act relating to search warrants.
To the Members of the California State Senate:
I am returning Senate Bill 914 without my signature.
This measure would overturn a California Supreme Court decision
that held that police officers can lawfully search the cell phones of people
who they arrest.
The courts are better suited to resolve the complex and case-specific
issues relating to constitutional search-and-seizures protections.
Sincerely,
Edmund G. Brown Jr.
2011
Oct. 9-Shall Senate Bill 914 become a law notwithstanding the objec-
tions of the Governor? (Must be considered on or before March
3, 2012, pursuant to Joint Rule 58.5.)
GOVERNOR'S APPOINTMENTS
54
DAVID S. BALDWIN, MEMBER, State Director and California Adjutant Gen-
eral of the Military Department (Ayes 5. Noes 0.) Final date the Senate may
act on confirmation: April 8, 2012.
Vote required: 21
2012
Feb. 16-From Com. on RLS. with the recommendation: Be confirmed.
55
J. MATTHEW RODRIQUEZ, Secretary, Environmental Protection Agency
(Ayes 5. Noes 0.) Final date the Senate may act on confirmation: July 31, 2012.
Vote required: 21
2012
Feb. 16-From Com. on RLS. with the recommendation: Be confirmed.
56
SARITA U. KOHLI, MEMBER, Board of Behavioral Sciences
(Ayes 5. Noes 0.) Final date the Senate may act on confirmation: June 6, 2012
KAREN B. PINES, MEMBER, Board of Behavioral Sciences
(Ayes 5. Noes 0.) Final date the Senate may act on confirmation: April 4, 2012.
CHRISTINA W. WONG, MEMBER, Board of Behavioral Sciences
(Ayes 5. Noes 0.) Final date the Senate may act on confirmation: May 17,
2012.
DAVID E. DIAS, MEMBER, Contractors' State License Board
(Ayes 5. Noes 0.) Final date the Senate may act on confirmation: April 8, 2012.
JOAN M. HANCOCK, MEMBER, Contractors' State License Board
(Ayes 5. Noes 0.) Final date the Senate may act on confirmation: May 31, 2012
JOHN F. CRONIN, MEMBER, Board of Pilot Commissioners for the Bays of San
Francisco, San Pablo and Suisun
(Ayes 5. Noes 0.) Final date the Senate may act on confirmation: April 5, 2012.
Vote required: 21
2012
Feb. 16-From Com. on RLS. with the recommendation: Be confirmed.
57
HERBERT L. CARTER D.P.A., Trustees of the California State University
(Ayes 3. Noes 1.) Final date the Senate may act on confirmation: February 29,
2012.
Vote required: 27
2012
Feb. 16-From Com. on RLS. with the recommendation: Be confirmed.
IN CONFERENCE
(SENATE BILLS)
58
S.B. No. 488-Correa.
An act relating to the Political Reform Act of 1974.
Legislative Counsel's Digest of Assembly Amendments
SB 488, as passed by the Senate, provided that, if a slate mailer organization
sends a slate mailer or other mass mailing that identifies itself or its source material
as representing a nongovernmental organization with a name that would reason-
ably be understood to imply that the organization is composed of, or affiliated with,
law enforcement, firefighting, emergency medical, or other public safety person-
nel, the slate mailer or mass mailing would be required to disclose the total number
of members in the organization identified and the number of members working or
living within the county in which the slate mailer or mass mailing is being deliv-
ered.
The Assembly amendments delete the requirement that the slate mailer or mass
mailing identify the number of members in the organization working or living
within the county in which the slate mailer or mass mailing is being delivered.
Vote: 27. Substantial substantive change: yes.
(Final vote in the Senate: AYES-28. NOES-7.)
2011
Aug. 30-Concurrence in Assembly amendments pending.
Sep. 1-Senate refused to concur in Assembly amendments. (Ayes 25.
Noes 10.) Motion to reconsider made by Senator Wright. Re-
consideration granted. (Ayes 39. Noes 0.)
Sep. 7-Senate refused to concur in Assembly amendments. (Ayes 26.
Noes 8.)
59
S.B. No. 827-Simitian.
An act relating to public employees' retirement.
Legislative Counsel's Digest of Assembly Amendments
SB 827, as it passed the Senate, required the Superintendent of Public Instruc-
tion to establish a committee to advise the Governor, Superintendent, State Board
of Education, and the Legislature on matters relating to the California Longitudinal
Pupil Achievement Data System.
The Assembly amendments instead declare the intent of the Legislature to con-
vene a conference committee to craft comprehensive legislation to reform state and
local pension systems.
Vote: 21. Substantial substantive change: yes.
(Final vote in the Senate: AYES-34. NOES-1.)
2011
Sep. 9-In Senate. Concurrence in Assembly amendments pending.
Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.
From committee: Be re-referred to Com. on P.E. & R. pursuant
to Senate Rule 29.10. (Ayes 4. Noes 0.) Re-referred to Com.
on P.E. & R. Withdrawn from committee. Ordered to unfin-
ished business.
Sept. 9-Senate refuses to concur in Assembly amendments. (Ayes 9.
Noes 21.)
Oct. 11-Senators Negrete McLeod, Simitian, and Walters appointed to
Conference Committee.
Oct. 13-Assembly Members Furutani, Allen, and Silva appointed to
Conference Committee.
IN CONFERENCE
(ASSEMBLY BILLS)
60
A.B. No. 340-Furutani et al.
An act relating to public employees' retirement.
Vote required: 21
2011
May 12-Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes
0. Page 1339.)
May 12-In Senate. Read first time. To Com. on RLS. for assignment.
May 26-Referred to Com. on P.E. & R.
Jun. 22-From committee chair, with author's amendments: Amend, and
re-refer to committee. Read second time, amended, and re-re-
ferred to Com. on P.E. & R.
Jun. 28-From committee: Do pass. (Ayes 5. Noes 0.) (June 27).
Jun. 29-Read second time. Ordered to third reading.
Jul. 11-Read third time. Passed. Ordered to the Assembly. (Ayes 35.
Noes 0. Page 1781.).
Jul. 11-In Assembly. Concurrence in Senate amendments pending.
May be considered on or after July 13 pursuant to Assembly
Rule 77.
Sep. 1-Ordered to the Senate.
Sep. 1-In Senate. Held at Desk.
Sep. 2-Action rescinded whereby the bill was read third time, passed,
and to Assembly. Read third time and amended. Ordered to sec-
ond reading.
Sep. 6-Read second time. Ordered to third reading. Re-referred to
Com. on RLS.
Sep. 7-From committee chair, with author's amendments: Amend, and
re-refer to committee. Read second time, amended, and re-re-
ferred to Com. on RLS. Senate Rule 29.3(b) suspended. (Ayes
23. Noes 3.)
Sep. 8-Withdrawn from committee. (Ayes 23. Noes 14.) Ordered to
third reading. Read third time. Passed. Ordered to the Assem-
bly. (Ayes 24. Noes 15.).
Sep. 9-In Assembly. Concurrence in Senate amendments pending. As-
sembly refused to concur in Senate amendments. To Confer-
ence Committee.
Oct. 11-Senators Negrete McLeod, Simitian, and Walters appointed to
Conference Committee.
Oct. 13-Assembly Members Allen, Furutani, and Silva appointed to
Conference Committee.
UNFINISHED BUSINESS
61
S.B. No. 97-Committee on Budget and Fiscal Review.
An act relating to adult day health care, and making an appropriation therefor,
to take effect immediately, bill related to the budget.
Legislative Counsel's Digest of Assembly Amendments
SB 97, as it passed the Senate, provided that it is the intent of the Legislature to
enact statutory changes relating to the Budget Act of 2011.
The Assembly amendments delete this provision and, instead, change the imple-
mentation date of the exclusion of adult day health care from coverage under the
Medi-Cal program to November 1, 2011. The Assembly amendments make a
$1,000 appropriation from the General Fund to the State Department of Health
Care Services for administration and declare that SB 97 is a bill providing for ap-
propriations related to the Budget Bill, has been identified as a bill related to the
budget in the Budget Bill, and will take effect immediately.
Vote: 21. Substantial substantive change: yes.
(Final vote in the Senate: AYES-22. NOES-2.)
2011
Jul. 14-Concurrence in Assembly amendments pending.
62
S.B. No. 880-Corbett et al.
An act relating to common interest developments, and declaring the urgency
thereof, to take effect immediately.
Legislative Counsel's Digest of Assembly Amendments
SB 880, as it passed the Senate, required a notice of completion of an Environ-
mental Impact Report (EIR) by a public agency to be mailed, upon request, and by
imposing additional duties on local agencies.SB 880, as it passed the Senate, also
required the State Clearinghouse to provide a notice of determination by a lead
agency that an EIR is required for a project and a notice of completion of an EIR
by a public agency if the legislator in whose district the project has an impact re-
quests the notice and the State Clearinghouse has received the requested notice.
The Assembly amendments delete all of those provisions from the bill and
instead would provide that any covenant, restriction, or condition contained in any
deed, contract, security instrument, or other instrument affecting the transfer or
sale of any interest in a common interest development, and any provision of a gov-
erning document of a common interest development, as specified, that prohibits
or unreasonably restricts the installation or use of an electric vehicle charging sta-
tion in an owner's designated parking space, as specified, or conflicts with speci-
fied provisions of law is void and unenforceable. The Assembly amendments also
authorize installation of a charging station for the exclusive use of an owner in a
common area that is not an exclusive use common area only if installation in the
owner's designated parking space is impossible or unreasonably expensive. The
Assembly amendments authorize the homeowners' association or owners to install
a charging station in the common area for the use of all members, and require the
association to develop appropriate terms of use for the charging station. The As-
sembly amendments authorize the board of directors of a homeowners' association
to grant exclusive use of a portion of a common area without the affirmative vote
of the members of the association for the purpose of installing and using an electric
vehicle charging station in an owner's garage or designated parking space, under
specified circumstances, such as when the installation or use of the charging station
requires reasonable access through the common area for utility lines or meters.
Vote: 21. Substantial substantive change: yes.
(Final vote in the Senate: AYES-40. NOES-0.)
2012
Jan. 31-Concurrence in Assembly amendments pending.
SENATE BILLS-THIRD READING FILE
63
S.C.A. No. 4-DeSaulnier et al.
An act relating to initiatives.
Vote required: 27
2010
Dec. 6-Introduced. Read first time. To Com. on RLS. for assignment.
To print.
Dec. 7-From printer. May be acted upon on or after January 6.
2011
Jan. 20-Referred to Com. on E. & C.A.
Mar. 25-Set for hearing April 5.
Mar. 31-Hearing postponed by committee.
Apr. 8-Set for hearing May 3.
May 4-From committee: Be adopted and re-refer to Com. on APPR.
(Ayes 3. Noes 2. Page 853.) (May 3). Re-referred to Com. on
APPR.
May 6-Set for hearing May 16.
May 16-Placed on APPR. suspense file.
May 20-Set for hearing May 26.
May 26-From committee: Be adopted. (Ayes 6. Noes 3.) (May 26).
May 27-Read second time. Ordered to third reading.
June 2, Aug. 22, Sept. 1, 8, Jan. 19, 23, 26-Passed on file.
ASSEMBLY BILLS-THIRD READING FILE
64
A.B. No. 1019-John A. Pérez. (Simitian)
An act relating to solid waste, and declaring the urgency thereof, to take effect
immediately.
Vote required: 27
2011
May 23-Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes
0. Page 1510.)
May 23-In Senate. Read first time. To Com. on RLS. for assignment.
Jun. 2-Referred to Com. on E.Q.
Jun. 20-From committee: Do pass and re-refer to Com. on APPR. (Ayes
4. Noes 1.) (June 20). Re-referred to Com. on APPR.
Jul. 11-From committee: Be placed on second reading file pursuant to
Senate Rule 28.8.
Jul. 12-Read second time. Ordered to third reading.
Sep. 2-Read third time and amended. Ordered to second reading.
Sep. 6-Read second time. Ordered to third reading. Re-referred to
Com. on RLS. pursuant to Senate Rule 29.10. From committee:
Be re-referred to Com. on E.Q. pursuant to Senate Rule 29.10.
(Ayes 4. Noes 0.) Re-referred to Com. on E.Q.
Sep. 7-From committee: Return to Senate floor for consideration.
(Ayes 4. Noes 1.) (September 7). Ordered to third reading.
Sept. 8-Read third time. Urgency clause refused adoption. (Ayes 24.
Noes 14.) Motion to reconsider made by Senator Simitian.
Reconsideration granted.
Sept. 9-Passed on file.
65
A.B. No. 389-Mitchell et al.
An act relating to genetic diseases.
Vote required: 21
2011
Apr. 28-Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes
0. Page 1127.)
Apr. 28-In Senate. Read first time. To Com. on RLS. for assignment.
May 12-Referred to Coms. on HEALTH and B., P. & E.D.
Jun. 8-In committee: Hearing postponed by committee.
Jun. 23-From committee: Do pass and re-refer to Com. on B., P. & E.D.
with recommendation: to consent calendar. (Ayes 8. Noes 0.)
(June 22). Re-referred to Com. on B., P. & E.D.
Jul. 6-From committee: Do pass and re-refer to Com. on APPR. (Ayes
8. Noes 0.) (July 6). Re-referred to Com. on APPR.
Aug. 15-In committee: Hearing postponed by committee.
Aug. 22-From committee: Be placed on second reading file pursuant to
Senate Rule 28.8.
Aug. 23-Read second time. Ordered to third reading.
Aug. 31-Ordered to special consent calendar.
Sep. 1-From Special Consent Calendar pursuant to Joint Rule 22.2.
Ordered to third reading. Ordered to inactive file at the request
of Senator Pavley.
2012
Jan. 17-From inactive file. Ordered to second reading. Read second
time and amended. Ordered to second reading.
Jan. 18-Read second time. Ordered to third reading.
66
A.B. No. 1073-Fuentes.
An act relating to energy efficiency.
Vote required: 21
2011
May 19-Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes
0. Page 1448.)
May 19-In Senate. Read first time. To Com. on RLS. for assignment.
Jun. 2-Referred to Com. on E., U., & C.
Jun. 10-In committee: Hearing postponed by committee.
Jun. 22-In committee: Set, first hearing. Hearing canceled at the request
of author.
Jul. 11-From committee: Do pass as amended. (Ayes 11. Noes 0.) (July
5).
Jul. 12-Read second time and amended. Ordered to third reading.
Jul. 13-Ordered to special consent calendar.
Aug. 15-From Special Consent Calendar pursuant to Joint Rule 22.2.
Ordered to third reading.
Aug. 29-Ordered to inactive file at the request of Senator Padilla.
Aug. 31-From inactive file. Ordered to second reading.
Sep. 1-Read second time. Ordered to third reading.
Sep. 9-Ordered to inactive file at the request of Senator Padilla.
Jan. 23-From inactive file. Ordered to second reading. On motion of Se-
nato Padilla.
Jan. 24-Read second time. Ordered to third reading.
67
A.B. No. 272-Monning.
An act relating to health facilities financing, making an appropriation there-
for, and declaring the urgency thereof, to take effect immediately.
Vote required: 27
2011
Apr. 14-Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes
0. Page 982.)
Apr. 14-In Senate. Read first time. To Com. on RLS. for assignment.
May 12-Referred to Com. on HEALTH.
Aug. 30-From committee chair, with author's amendments: Amend, and
re-refer to committee. Read second time, amended, and re-re-
ferred to Com. on HEALTH.
2012
Jan. 4-From committee chair, with author's amendments: Amend, and
re-refer to committee. Read second time, amended, and re-re-
ferred to Com. on HEALTH.
Jan. 12-From committee: Do pass as amended and re-refer to Com. on
APPR. (Ayes 5. Noes 0.) (January 11).
Jan. 17-In committee: Placed on APPR. suspense file.
Jan. 24-From committee: Do pass as amended. (Ayes 6. Noes 2.)
Jan. 25-Read second time and amended. Ordered to third reading.
68
A.B. No. 342-Atkins et al.
An act relating to the Office of Planning and Research.
Vote required: 21
2011
May 12-Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes
0. Page 1356.)
May 12-In Senate. Read first time. To Com. on RLS. for assignment.
May 26-Referred to Com. on G.O.
Jun. 14-From committee: Do pass and re-refer to Com. on APPR. with
recommendation: to consent calendar. (Ayes 12. Noes 0.) (June
14). Re-referred to Com. on APPR.
Jun. 27-In committee: Placed on APPR. suspense file.
Aug. 25-From committee: Do pass. (Ayes 9. Noes 0.) (August 25).
Aug. 29-Read second time. Ordered to third reading.
Aug. 31-Ordered to special consent calendar.
Sep. 1-Ordered to third reading. Ordered to inactive file at the request
of Senator Liu.
Jan. 31-From inactive file. Ordered to second reading. Read second
time and amended. Ordered to second reading.
Feb. 1-Read second time. Ordered to third reading.
69
A.B. No. 41-Hill. (Lowenthal) (Can not be taken up until February 28, 2012)
An act relating to conflicts of interest.
Vote required: 27
2011
Apr. 14-Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes
0. Page 981.)
Apr. 14-In Senate. Read first time. To Com. on RLS. for assignment.
May 12-Referred to Com. on E. & C.A.
Jun. 9-From committee chair, with author's amendments: Amend, and
re-refer to committee. Read second time, amended, and re-re-
ferred to Com. on E. & C.A.
Jun. 22-From committee: Do pass and re-refer to Com. on RLS. (Ayes
5. Noes 0.) (June 21). Re-referred to Com. on RLS.
Jun. 23-Re-referred to Com. on APPR.
Jul. 11-From committee: Be placed on second reading file pursuant to
Senate Rule 28.8 and ordered to consent calendar.
Jul. 12-Read second time. Ordered to consent calendar.
Jul. 14-From consent calendar. Ordered to third reading.
Aug. 22-Read third time and amended. Ordered to second reading.
Aug. 23-Read second time. Ordered to third reading.
Sep. 7-Read third time. Passed. Ordered to the Assembly. (Ayes 37.
Noes 0. Page 2360.).
Sep. 7-In Assembly. Concurrence in Senate amendments pending.
Sep. 8-Ordered to inactive file at the request of Assembly Member
Charles Calderon.
2012
Jan. 9-From inactive file. Ordered to the unfinished business file.
Jan. 13-Ordered to the Senate.
Jan. 13-In Senate. Held at Desk.
Feb. 15-Action rescinded whereby the bill was read a third time, passed
and ordered to Assembly. Read third time and amended.
Ordered to second reading.
Feb. 16-Read second time. Ordered to third reading.
