A Suspenseful Legislative Return

The Legislature returned from its summer recess Monday (August 15), and immediately got down to the business of deciding which of hundreds of bills deemed to have fiscal impact should move forward - and mostly which should be held on the Suspense File maintained by each of the Appropriations Committees of the two houses.

The Suspense File is the repository for all bills deemed to have a fiscal impact in excess of $50,000 to the General Fund or private funds, or $150,000 from any other funds.  Bills are placed on the Suspense File over several hearings, so that their aggregate costs can be compared to available revenues.  Then the committee leadership and staff identify which bills should be moved off Suspense and which should be held - a decision that is almost invariably confirmed at the committee's last regularly-scheduled hearing before the deadline for considering fiscal bills.

Even though a bill is earmarked for Suspense does not mean it won't be the subject of extensive and passionate testimony, however, as authors and proponents try to make the case for their bills to be one of the fortunate few that ultimately come off Suspense.  That was the case this week for several bills sponsored or supported by the CCBA.

On Monday (August 15), the Legislature's first day back from its summer recess, the Senate Appropriations Committee considered (see video at 1:25:00) AB 308 (Ammiano), a CCBA-co-sponsored bill to require the development of new protocols and procedures for law enforcement to use in eyewitness identification.  The committee also heard testimony on AB 52 (Feuer), which would require insurers to obtain the approval of proposed rate increases by either the Department of Managed Health Care or the Department of Insurance.

John K. Van de Kamp

On Wednesday (August 17), the Assembly Appropriations Committee considered SB 490, Senator Loni Hancock's measure to ask California's voters to repeal the death penalty, given its massive costs and almost total non-application.  Former Attorney General (and frequent CCBA delegate) John Van de Kamp testified in favor of the bill, which is supported by the CCBA.  The hearing can be viewed here (beginning at the 26:00 mark).


All three bills mentioned (and hundreds of others) will be voted on next week, before the August 26 deadline for bills to be heard and reported by fiscal committee.

Six of eight CCBA-Backed Bills Emerge from Busy Weeks of Committee Hearings

The two weeks leading up to the annual deadline for all bills to clear their second-house policy committee are among the busiest in the legislative calendar.  That was particularly true for this year's CCBA Legislative Program, which saw hearings on eight of its sponsored/supported measures - with six moving forward and two running aground.

Much of the action took place in the Public Safety committees of the two houses where, in three separate hearings, two significant CCBA-backed bills were approved, while another significant CCBA-co-sponsored bill fell temporary (we hope) victim to that state's lack of prison beds:

• The last bill, AB 545 by Assembly Speaker John A. Pérez, would add persons in a dating or engagement relationship to the list of person's protected by the felony domestic violence battery statute (Penal Code §273.5).  The bill, co-sponsored by the Los Angeles District Attorney's office and the CCBA (Resolution 06-05-2009, sponsored by 10 individual delegates), was held in Senate Public Safety Committee at its June 28 hearing (starts at 22:00 mark). See related blog post. 
• One week later, at its July 5 hearing, the Senate Public Safety Committee approved CCBA-co-sponsored AB 308 (Resolution 1-13-2010 by the LACBA) by Assemblymember Tom Ammiano. The bill would require the Department of Justice, in consultation with the Commission on Peace Officer Standards and Training, local law enforcement agencies, prosecutors, defense attorneys, and other legal experts, to develop guidelines relating to the collection and handling of eyewitness evidence in criminal investigations. The objective is to ensure reliable and accurate identifications of criminal suspects, and to minimize the chance of suspect misidentification, which costs society both through wrongful incarceration of the innocent and the failure to pursue and convict the guilty. (See earlier post)
• Finally, on July 7, the Assembly Public Safety Committee approved SB 490, Senator Loni Hancock's newly-created bill to put the question of eliminating the death penalty to the voters. (see related blog post).

Three bills sponsored or co-sponsored by the CCBA found their way to the Senate Judiciary Committee, with three different results:

• The committee waived hearing of AB 1147 by Assemblymember Mariko Yamada, which had won unanimous approval of the Senate Human Services Committee the week before.  The bill, developed by the Women Lawyers of Sacramento (Resolution 03-04-2010), had been double-referred to the Judiciary Committee, but now moves directly to the Appropriations Committee. (See earlier post.)
• On another double-referral, the committee approved AB 1396 by the Assembly Labor & Employment Committee, which had earlier won approval of the Senate Labor & Industrial Relations Committee.  That measure, from the BHBA (Resolution 04-01-2009), goes directly to the Senate Floor.  
• The committee rejected AB 699 by Assemblymember Don Wagner, which would have added California to the growing list of states which authorize the use of Revocable Transfer on Death Deeds for estate planning purposes (Resolution 12-06-2009 by BASF).  The bill earlier had passed the Assembly on a vote of 78-1.  Because the author declined to seek and obtain reconsideration, the bill is dead. (See clip, beginning at 1:21:00 mark).

Rounding out the busy two weeks, two bills supported by the CCBA were approved by their respective policy committees. 

• AB 52 by Assembly Member Mike Feuer, which would require pre-approval of health insurance rate increases (see earlier post), was approved by the Senate Health Committee on a vote of 5-3.  The bill is supported by the CCBA, as consistent with provisions of Resolution 02-02-2010 developed by the Beverly Hills Bar Association. (See earlier post).
• SB 161 by Senator Bob Huff was approved by the Assembly Education Committee.  The bill, which is consistent with Resolution 04-03-2010 sponsored by the Alameda County Bar Association, would authorize school districts to train non-medical school employees who volunteer, to administer emergency antiseizure medication to students with epilepsy.

CCBA Bills Overcome Suspense

The Assembly Appropriations Committee was good to CCBA-sponsored and supported legislation last Friday (5/27), approving all four measures that had been held on the committee's Suspense file.

Two of the CCBA-sponsored bills were approved by unanimous 17-0 votes of the committee:

AB 545 by Assembly Speaker John Pérez, which would amend Penal Code §273.5 to extend the protections the law provides to victims of felony domestic violence to persons in a dating or engagement relationship. The bill is based on CCBA Resolution 06-05-2009.

AB 1147 by Assembly Member Mariko Yamada, which would require social workers to include in the reports they are already required to prepare on teen parents in foster care information on what age and developmental-appropriate services the minor received, consistent with the Teen Parents in Foster Care Act (SB 1178 by Senator and former CCBA delegate Sheila James Kuehl, of 2004). The bill is based on CCBA Resolution 03-04-2010.

A third bill co-sponsored by the CCBA, AB 308 by Assembly Member Tom Ammiano,was approved with amendments on a vote of 11-6. As amended, the bill would require the Department of Justice, in consultation with the Commission on Peace Officer Standards and Training, local law enforcement agencies, prosecutors, defense attorneys, and other legal experts, to develop guidelines for policies and procedures to ensure the reliability of eyewitness identifications by January 1, 2013, and to make a report on those guidelines - along with any needed implementing legislation - to the Legislature by July 1, 2013. AB 308 reflects the recommendations of the California Commission of the Fair Administration of Justice to address well-documented deficiencies in current eyewitness identification procedures which have too often led to innocent people being convicted and the guilty left free to commit other crimes. AB 308 - which also would allow expert testimony regarding the reliability of an eyewitness identification to be admitted at trial in a criminal action or specified juvenile court proceedings if the proponent of the evidence establishes relevancy and proper qualifications of the witness - is co-sponsored by the CCBA, based on CCBA Resolution 01-13-2010.

Finally, the Appropriations Committee approved, on a tight 9-7 vote, AB 52 by Assembly Member Mike Feuer, which would require health care service plans licensed by the Department of Managed Health Care and health insurers certificated by the California Department of Insurance, effective January 1, 2012, to apply for prior approval of proposed rate increases, under specified conditions, and imposes on regulators specific rate review criteria, timelines, and hearing requirements. The bill is supported by the CCBA, as consistent with provisions of CCBA Resolution 02-02-2010.

All bills referenced must be approved by the full Assembly by Friday (June 3), in order to stay on track for enactment this year.

Courts Budget Deal Struck?

The state's courts reportedly have come up with a proposal to address the $393 million in budget cuts they are scheduled to endure in the next fiscal year. According to news accounts, the Administrative Office of the Courts, with yeoman's assistance from Assembly Member Mike Feuer (D-Los Angeles), chair of the Assembly Judiciary Committee, have reached an accord with legislative budget conferees to:

• Close courthouses one day a month ($102 million);
  
• Tap into funds earmarked for the new state computer system (CCMS), though the courts - though the AOC reportedly is authorized to trim elsewhere to reduce that amount ($102 million);
• Tap into court construction and maintenance funds - with the apparent understanding that construction on projects already underway will not be affected ($25 million);
• Raise civil filing fees $5 ($6-7 million);
• Raise criminal fines and fees by $10 ($40 million);
• Make a one-time only cut in statutory appropriation limit ($32 million);\Taken from trial court reserves ($70) million;
• Redirect for for two years the funds raised by a $10 increase on certain fees proposed under Feuer's bill (AB 590) to create a "civil Gideon" pilot project under which free court-appointed counsel would be provided to low-income people in cases where basic human needs, such as shelter, sustenance, safety, health or child custody are at stake ($11 million).
  

The reported deal is the product of weeks of intense lobbying and debate. Many of the proposed elements of the deal cannot be implemented without statutory changes, which likely will appear in a budget "trailer" bill or bills.