MINI-LEGISLATIVE UPDATE
JAMES L. FRAYNE, LEGISLATIVE DIRECTOR
&
OTHER MAJOR LEGISLATIVE ISSUES IN THE CALIFORNIA LEGISLATURE
JUNE 30, 2008

THOSE EXPERIENCED WITH THE LEGISLATURE PROCESS AND THE JOINT RULES OR BOTH HOUSES OF THE LEGISLATURE ARE ACUTELY AWARE THERE IS NO SUCH THING AS A “DEAD” LEGISLATIVE “BILL”. THE JOINT RULES ARE WAIVED FREQUENTLY OR IGNORED IN THE HOLLOWED HALLS OF THE CALIFORNIA STATE CAPITOL. LEGISLATIVE BILLS THAT ARE DEFEATED AND THEN REVIVED ARE APTLY NAMED “LAZARUS” BILLS. AS AN ILLUSTRATION OF THIS LEGISLATIVE PHENOMENON IS SENATOR GLORIA ROMERO’S LEGISLATIVE BILL SB1019, A REGRESSIVE AND DANGEROUS PROPOSAL TO RELEASE PEACE OFFICER’S PERSONNEL FILES.

LAST YEAR ON JUNE 26, 2007, THE ASSEMBLY PUBLIC SAFETY COMMITTEE, REFUSED PASSAGE OF HER ILL CONCEIVED MEASURE AFTER A LENGTHY HEARING, SENATOR ROMERO’S ONEROUS BILL, WITH NO MOTION MADE BY ANY MEMBER OF THE COMMITTEE. IF A MOTION HAD BEEN MADE AND SECONDED, THIS MEASURE WOULD HAVE BEEN SOUNDLY DEFEATED. TRADITIONALLY, LEGISLATORS GRANT RECONSIDERATION AS A COURTESY TO THEIR FELLOW MEMBERS REGARDLESS OF PARTY AFFILIATION. THEN SUDDENLY, A YEAR LATER ON THE WEEK OF JUNE 16, 2008, THIS LEGISLATIVE BILL APPEARED ON THE ASSEMBLY DAILY FILE, AND WAS SET FOR HEARING ON JUNE 24, 2008, IN THE SAME COMMITTEE ASSEMBLY THE PUBLIC SAFETY COMMITTEE.

NOT ONLY DID THE ASSEMBLY LEADERSHIP, I.E., THE SPEAKER AND ASSEMBLY RULES COMMITTEE, PERMITTED SENATOR ROMERO (WITH NEW AMENDMENTS APPLYING TO LOS ANGELES COUNTY AND ALAMEDA COUNTY) A REHEARING OF HER LEGISLATIVE BILL. ADDITIONIALY, THERE WAS AN EXISTING VACANCY ON THE COMMITTEE (VACANT FOR OVER A YEAR) AND THE SPEAKER AND THE RULES COMMITTEE FILLED THIS POSITION WITH ASSEMBLY MEMBER MARK LENO (D) OF SAN FRANCISCO AND FORMER CHAIR OF THIS COMMITTEE. COINCIDENTLY, ASSEMBLY MEMBER LENO AUTHORED A SIMILAR MEASURE, AB1648, DEALING WITH RELEASING PERSONNEL FILES OF PEACE OFFICERS WHICH FAILED IN THE SAME COMMITTEE IN EARLY 2007.

PRESENTLY ASSEMBLY MEMBER LENO CHAIRS THE POWERFUL ASSEMBLY APPROPORATIONS COMMITTEE.

LAST MONTH, IN THE STATE PRIMARY ELECTION, ASSEMBLY MEMBER LENO WAS ELECTED TO THE CALIFORNIA STATE SENATE BY DEFEATING INCUMBENT FELLOW DEMOCRATIC STATE SENATOR CAROLE MIGDEN, ALSO OF SAN FRANCISCO. ASSEMBLY MEMBER LENO, WHEN HE IS ELECTED IN THE NOVEMBER GENERAL ELECTION, WILL SERVE EIGHT YEARS IN THE STATE SENATE. HE WOULD BE CONSIDERED AS STRONG CHOICE OF CHAIRING THE SENATE PUBLIC SAFETY COMMITTEE OR THE SENATE APPROPRIATIONS COMMITTEE.

WHEN THE PUBLIC SAFETY COMMITTEE HELD THE REHEARING OF THE ROMERO BILL ON TUESDAY, JUNE 24, 2008, THERE WAS ONLY A TOKEN NUMBER OF SUPPORTERS. THE PREVIOUS YEAR THERE WAS LEGIONS TESTIFYING IN SUPPORT OF THE MEASURE, INCLUDING ONE POLICE CHIEF. AFTER A BRIEF HEARING OF LESS THAN ONE HOUR, THE VOTE OF THE COMMITTEE WAS ONE AYE VOTE BY ASSEMBLY MEMBER MARK LENO (D), SAN FRANCISCO. THERE WERE THREE NO VOTES-FIONA MA, (D)-A.F.-GREG AGHAZARIAN, (R) STOCKTON, JOEL ANDERSON, (R) LA MESA AND THREE NOT VOTING: HECTOR DE LA TORRE, (D) SOUTH GATE, ANTHONY PORTANTINO, (D) PASADENA JOSE SOLORIO, (D) SANTA ANA.

PUBLIC SAFETY LEADERS LEADING THE OPPOSITION WERE WAYNE QUINT, PRESIDENT OF THE ORANGE COUNTY DEPUTY SHERIFF’S ASSOCIATION, (ALSO, PRESIDENT OF C.C.L.E.A.), RON COTTINGHAM, PRESIDENT OF PEACE OFFICER’S RESEARCH ASSOCIATION OF CALIFORNIA ALONG WITH A CADRE OF REPRESENTATIVES OF MAJOR PUBLIC SAFETY ORGANIZATIONS FROM THROUGHOUT CALIFORNIA.

THE CHAIR OF THE ASSEMBLY PUBLIC SAFETY COMMITTEE, JOSE SOLORIO (DEMOCRAT) OF SANTA ANA, LIMITED TESTIMONY TO THREE WITNESSES FOR EACH SIDE, IT WAS RUMORED THAT LOS ANGELES MAYOR ANTONIO VILLARAIGOSA, HAD PERSONALLY MADE CALLS TO ALL DEMOCRATIC MEMBERS OF THIS COMMITTEE URGING THEIR SUPPORT. THE CHAIR AND OTHER MEMBERS OF THE COMMITTEE EXPRESSED THEIR DESIRES THAT ALL PARTIES SHOULD ATTEMPT TO REACH A COMPROMISE.

PUBLIC SAFETY REPRESENTATIVES EXPRESSED THEIR WILLINGNESS TO EXPLORE POSSIBLE AMENDMENTS THAT WOULD PRESERVE JUSTICE AND THE SAFETY OF PEACE OFFICERS AND THEIR FAMILIES.

AS OF THIS WRITING, THE JOINT BUDGET CONFERENCE COMMITTEE IS MEETING ALMOST DAILY TO HAMMER OUT A ONE HUNDRED AND FOUR BILLION DOLLAR STATE BUDGET THAT WILL BE ACCEPTABLE TO ALL PARTIES AND BE SIGNED BY THE GOVERNOR. CONCURRENTLY, THE “BIG FOUR”, THE ASSEMBLY SPEAKER, KAREN BASS (D) LOS ANGELES, PRESIDENT PRO TEM OF THE SENATE DON PERATA (D) OAKLAND IN CONCERT WITH THE REPUBLICAN FLOOR LEADERS, STATE SENATOR DAVID COGDILL (R) FRESNO AND ASSEMBLY MEMBER MIKE VIILLINES (R) CLOVIS ARE BUSY CRAFTING A STATE BUDGET THAT HOPEFULLY WILL BE ACCEPTABLE TO THE GOVERNOR.

IN THE WANING MONTH OF THE 2ND YEAR OF A 2 YEAR SESSION (2008-2009) THERE IS STILL AMPLE TIME TO HIJACK AN EXISTING BILL AND AMEND PROVISIONS OF SENATOR ROMERO’S SB 1019 AND RESURRECT THIS ANTI- PEACE OFFICER’S LEGISLATION.
“WE MUST BE EVERY VIGILANT”.

NEXT YEAR, AS SURE AS THE SUN RISES IN THE EAST AND SETS IN THE WEST, A SIMILAR MEASURE OF SB1019, WILL BE REINTRODUCED. KEEP THE FAITH.

---AND THE BEAT GOES ON!!



EXHIBIT “A”




NO VOTES—FIONA MA (D)-S.F..-GREG AGHAZARIAN, (R) STOCKTON.

JOEL ANDERSON, (R) LA MESA.

NOT VOTING:

HECTOR DE LA TOREE, (D) SOUTH GATE.

ANTHONY PORTANTINO, (D) PASADENA.

JOSE SOLORIO, (D) SANTA ANNA.