Legislative Update

LEGISLATIVE UPDATE

December 7, 2005

CAPITOL NEWS

1. New appointments in the Governor’s Office.

a. Finance Director. Governor Schwarzenegger announced the appointment last week of Michael C. Genest to serve as his Finance Director. Genest replaces former Congressman Tom Campbell in the position, who had agreed to serve in the job for a year, while on leave from UC Berkeley as the Dean of the University’s Haas School of Business.

Genest served as a budget advisor to Senate Republicans before being tapped by the Governor to serve as Chief Deputy Director of the Finance Department in 2003. He is assuming the top office at a particularly opportune time, when unexpected increases in state revenues have produced a sizeable--$5 billion--bulge in the state’s pockets. [See item 3 below.]

Reactions to the appointment have been positive. As reported in the Sacramento Bee, Assembly Member John Laird (D - Santa Cruz), who chairs the Assembly Budget Committee, said of Genest, “[He] is a strong conservative with a pragmatic streak. While I have often disagreed with Genest on issues that have to do with poor people, he’s got good skills at landing the plane. He knows we have to arrive at a budget, and that a budget is a series of compromises.”

Former Senate Republican (and Senate Minority Leader) Jim Brulte, commented that Genest was “someone who understands that a budget is not just a book with numbers in it. Mike understands that decisions about every individual program affect real live human beings throughout California.”

b. Chief of Staff. In an announcement that shocked Democrats and Republicans alike last week, Governor Schwarzenegger named Susan Kennedy as his Chief of Staff. Kennedy, a liberal Democrat, currently serves on the Public Utilities Commission, as an appointee of former Governor Gray Davis. Kennedy also served former Governor Gray Davis as his Cabinet Secretary and, prior to that, as Executive Director of the California Democratic Party when state Treasurer Phil Angelides was the Party Chair. Angelides is one of the Democratic candidates who will be challenging Schwarzenegger next year.

Reaction to the appointment was swift and diverse, with both positive and negative comments from individuals in both parties. Here’s a sampling:

From politicians and political consultants:

· Garry South, a political operative who worked with Kennedy as chief political consultant to former Governor Davis: “I think she’s one of the smartest people, literally, I’ve ever met in my life. The office [Governor Davis’] simply wouldn’t have run without her, in my view. She was one of the few people who could actually make decisions when he wouldn’t make them and get away with it--make them stick.”

· Daniel Weintraub, Sacramento Bee columnist: “I think the governor’s decision to hire Susan Kennedy as his chief of staff is a smart move. This administration has already been the most bipartisan, in terms of personnel and appointments, of any in recent times, despite significant spin to the contrary.”

· Mike Spence, President of the California Republican Assembly: “It’s a betrayal of everyone who was loyal to him during the special election. She embodies everything I have spent my life opposing. It obviously raises more problems and concerns about where he [Schwarzenegger] is headed next year. There is a list of things now where it appears we would have been better off if Gray Davis were governor.”

· Senator Dick Ackerman, Senate Minority Leader: “She was the wrong pick for chief of staff. First of all, she’s a Democrat, and a Republican should have a Republican chief of staff. And second, she was Gray Davis’ Cabinet secretary. She was there when a lot of his policy was being developed that led to his recall. Those aren’t the best credentials.”

· Rep. Darrell Issa (R - Vista): “I think it’s a move the governor needs to make because he has not had an efficient staff.” [Issa helped finance the move to oust former Governor Gray Davis.]

· Randy Thomasson, President, Campaign for Children and Families: “By placing a leading homosexual, pro-abortion Democrat activist in charge of his entire administration, Arnold has taken a disastrous turn to the left. This is like George W. Bush appointing Hillary Clinton to be in charge of his administration.”

· Former state Senator (and Senate Minority Leader) Jim Brulte: “If every member of Gov. Davis’ staff were as talented as Susan Kennedy, there wouldn’t be a Gov. Schwarzenegger in office today.”

From companies having business before the PUC:

· John Sumpter, Regulatory Affairs Director at Pac-West Telecomm Inc. in Stockton: “She was such a polarizing factor [on the PUC Board].”

· Jan Smutney-Jones, Executive Director, Independent Energy Producers Association: “Susan is very pragmatic and smart, and a person who can get things done. She is looking at trying to get California in the 21^st century from both a regulatory perspective and a technological perspective.”

· Timothy J. McCallion, President, Verizon’s Pacific region: “Kennedy has had a real sense for business and what drives investment and job creation. [Kennedy’s] support of Verizon’s effort to install high speed fiber-optic cable to homes has led to 1,300 new jobs in California.”

· Former PUC Commissioner Carl Wood, a supporter of the telecommunications “bill of rights” which Kennedy led the move to suspend last January without scheduling any hearings on the issue: “It’s an outrageous abuse of the process. This would represent the commission taking away rights from consumers without any process, without any hearings and without any notice.”

From Kennedy herself:

· Speaking about her work on the PUC: “I can’t believe how conservative, even right wing, I’ve become on these issues. [This is an] historic opportunity to change the political dialogue in this state and to get things done. So I’m tired of the partisanship, I’m tired of the intolerance that has resulted in gridlock, and I felt it was time for me as a Democrat to put up or shut up.”

Although Kennedy told reporters that she has never voted for a Republican, she supported and voted for all four of Governor Schwarzenegger’s reform measures on the Nov. 8 special election ballot.

When the Governor took office two years ago, he chose individuals from both parties, liberal and conservative wings, to fill the ranks of his administration. His hope was to approach the state’s complex problems in a bipartisan manner, obtaining the best thoughts and advice from as wide a base as possible. What he got instead was a cacophony of voices with no consensus. The resulting chaos moved the Governor increasingly to the far right, where he was persuaded his party’s base resided. Tipping the scale in one direction served to increase the gridlock with the Legislature and alienated large segments of the public service employees--police, fire fighters, teachers and nurses--as the Governor aggressively pursued four reform measures that proved to be very unpopular with voters. Their defeat appears to have moved the Governor to tip now in the other direction.

No one can complain that this Governor hasn’t tried multiple approaches to solve problems. He’s moved from the center to the far right to the far left. Only time will tell if he is speeding downhill in a car with no brakes.

2. Governor proposes a Paul Bunyan solution to the state’s infrastructure problems. The Susan Kennedy appointment wasn’t the only controversial announcement coming out of the Governor’s Office last week. He stunned members of both parties with his announcement of a super bond--$50 to $100 billion--to rebuild roads, freeways, and bridges throughout the state. The Governor’s proposal--if supported by the state Legislature and voters--would repair decades of neglect, begun under former Jerry Brown, whose philosophy of “less is more” put most of the state’s infrastructure projects on hold indefinitely.

Reaction, understandably, has been mixed. A political cartoonist portrayed the Governor undergoing a head transplant, replacing his own head with that of former Governor Pat Brown, called the master builder for spearheading the state aqueduct and freeway systems and the Master Plan for Public Higher Education.

Jon Coupal, President of the Howard Jarvis Taxpayers Association, said on his website that a $50 billion bond “would put the state’s debt ratio into the stratosphere,” especially following on the heels of the $15 billion debt consolidation bond approved by voters in March 2004, and $25 billion in state school bonds passed over the past three years.

A bipartisan group of legislators and lobbyists which has been working on transportation issues--specifically on how to ensure that the Proposition 42 gas tax revenues will be used for their intended purpose--is cautiously optimistic about the proposal. The group has suggested that, along with the dedication of existing Proposition 42 funds, a quarter-cent increase in the state sales tax and new port fees could produce $50 billion.

While the Governor’s moves during his two years in office have caused apoplexy in both political parties, he deserves credit for thinking boldly and outside the box.

3. State’s coffers bulging. Legislative Analyst Elizabeth Hill issued a projection of the state’s finances in mid-November which covered 2005-06 through 2010-11, indicating that the outlook has “improved considerably over the past year…due to a major increase in revenues and a significant amount of savings adopted in the 2005-06 spending plan.” As a result, Hill is forecasting that the current year will end with a reserve of about $5.2 billion, and a large carryover reserve that will “be more than sufficient to keep the state’s budget in balance in 2006-07 without any new program reductions.”

However, Hill cautioned that “while the improved fiscal outlook is clearly very good news, the state still faces major challenges in achieving an ongoing balance between revenues and expenditures and getting its fiscal house in order.” She projects a return to multibillion dollar operating deficits in 2006 - 07 which will continue through 2019 -11, unless the Legislature acts to cut spending. She also indicated that the deficits would deepen if the economy hits a downturn or if the Legislature adds new programs or increases funding in existing programs.

Hill’s November 16 report detailing her 5-year projection may be accessed at the LAO website: http://www.lao.ca.gov/2005/fiscal_outlook/fiscal_outlook_05.htm

4. Senate leadership changes. Senate President Pro Tempore Don Perata has announced the following changes in Senate caucus leaders and committee chairs, effective January 1:

· Tom Torlakson (D - Antioch) replaces Kevin Murray (D - Los Angeles) as Democratic Caucus Chair

· Kevin Murray replaces Carole Migden (D - San Francisco) as Chair of the Appropriations Committee

· Carole Migden replaces both Richard Alarcon (D - Northridge) as Democratic Caucus Whip and Elaine Alquist (D - San Jose) as Chair of the Public Safety Committee

· Elaine Alquist replaces Joe Simitian as Chair of the Human Services Committee

· Joe Simitian (D - Palo Alto) replaces Alan Lowenthal as Chair of the Environmental Quality Committee

· Alan Lowenthal (D - Long Beach) replaces Tom Torlakson as Chair of the Transportation and Housing Committee

Senator Perata also announced the membership of the new Senate Select Committee on Higher Education:
Joe Simitian (chair), Elaine Alquist, Alan Lowenthal, Abel Maldonado (R - Santa Maria), and George Runner (R - Bakersfield).

The Legislature begins the second half of the current Biennial Session on January 4. With the 2006 primary and general elections looming, it promises to be colorful and tumultuous year.

5. Are Businesses Really Fleeing California? is the title of a recent publication issued by the Public Policy Institute of California, which presents the contrarian view that businesses are not leaving the state en masse. The PPIC also disagrees that relocation of businesses is a major cause of job losses. According to the report, “In any year from 1993 to 2002, [the period of time studied], the net job loss from business relocation was never higher than one-tenth of 1 percent of the total number of jobs. At this rate, it would take more than 10 years for California to lose 1 percent of its employment. Moreover, California was a net importer of jobs from certain states.”

Although the report acknowledges that the business climate in the state may be hostile to job growth, far more significant factors in employment change are “births and deaths and expansions and contractions of existing business establishments.”

The report concludes that public policy ought to be focused on stimulating the creation of new businesses and assisting existing businesses to survive and grow, rather than on preventing business relocation.

The complete report may be accessed on the PPIC website: http://www.ppic.org/main/publication.asp?i=640

6. Los Angles Times to close Valley plant. In a sad and disheartening move, the paper continues its efforts to downsize and cope with declining ad revenues and circulation. A total of 110 jobs will be eliminated with the closure of the Chatsworth printing plant, adding to the earlier cut of about 300 jobs, mostly in the editorial ranks and news room, and mostly through attrition or voluntary separations.

The Chatsworth plant opened in 1983, at a time when the Chandlers still owned the paper and “Our Times” sections which focused on local news in various areas of the region were published. After the Chicago Tribune bought the company in 2000, all 14 of the “Our Times” editions were eliminated, and the focus was shifted to national and international news.

The Times isn’t the only newspaper to suffer continuing losses in circulation. The New York Times, Wall Street Journal, Philadelphia Inquirer, San Jose Mercury News, and the Baltimore Sun have also announced cutbacks in staff and other cost-cutting measures, as they struggle to keep in the black and compete with web-based news sites.

The Chatsworth property will be sold, most likely to a developer. Bruce Ackerman, President and CEO of the Economic Alliance of the San Fernando Valley, commented to the Daily News that the “huge parcel is a valuable asset and will make an incredible location for a manufacturer.”

7. The U. S. Supreme Court heard arguments this week on a lawsuit filed by a coalition of law schools against the Defense Department’s policies regarding military recruitment on college campuses. In an on-going dispute, dating back a decade, the coalition of 38 law schools is fighting a federal law known as the “Solomon Amendment,” which allows the federal government to withhold federal grant funds from any college or university that bars military recruiters from their campuses.

The coalition argues that the law restricts First Amendment rights by forcing universities to disseminate, if not promote, the military’s message, which includes discrimination against gays and lesbians.

The issue hinges on whether the universities’ ban on military recruiters constitutes speech or conduct. As described in the Chronicle of Higher Education, “That distinction is critical. If the court views the bans as speech…, then the Defense Department will have to prove that the law serves a ‘compelling government interest’ and is as narrowly tailored as possible. If it views the bans as ‘expressive conduct’--that is, conduct with elements of speech--then the Pentagon must prove only that its recruiting would be less effective without the law.”

Most of the Justices appeared to be unmoved by the coalition’s arguments, with the consensus reflecting Chief Justice John G. Robert’s observation that as long as the universities were free to criticize the military’s policy, there was no free speech issue. Only Justice David Souter appeared to support the coalition’s position, when he declared “If we’re going to address the Solomon Amendment, we’re addressing exclusively a First Amendment speech issue.”

The High Court is expected to hand down its ruling at the end of the current session, in July. Justice Sandra Day O’Connor participated in the arguments, but if her replacement, nominee Sam Alito, is confirmed before then, he will take her place in deciding the issue.

8. “Abuse of the Week,” as reported in StateNet’s Capitol Journal: “…a 30 year-old woman was arrested recently [in Louisiana] for abusing the 911 emergency phone system. Her crime: She dialed 911 after being served cold onion rings at a fast-food joint.”

9. Legislative Update bids farewell. With this edition, the newsletter will cease publication. I am retiring from the University at the end of December. Beginning as a student in 1961, I've been on campus for 44 of the 47 years of its existence! Legislative Update began on June 16, 1981 as a memo to former president James W. Cleary’s Cabinet. It has grown in length, expanded in format, and increased in circulation in the subsequent 24 years to its present-day look as a print publication and as an electronic newsletter on the Governmental Affairs website.

I have enjoyed writing and publishing this newsletter, and have delighted in the e-mails and letters I’ve received, both critical and complimentary. It’s been a wonderful association with my readers, and I’ll miss writing it. Despite its many problems, California is a wonderful, chaotic, forward-thinking and energetic state. Continue to dog our elected officials and demand action and accountability--and above all, always vote.

Return to Archive List

LEGISLATIVE UPDATE

November 10, 2005

CAPITOL NEWS

1. It was a NOvember 8 election for the Governor. Voters gave a thumbs down to all 8 of the ballot propositions. The two measures that the Governor had campaigned the hardest for, 76 (spending cap) and 77 (redistricting) lost by the significant margins:

Yes No

73 (Minor’s Pregnancy) 47.4% 52.6%

74 (Teacher Tenure) 44.9% 55.1%

75 (Public Union Dues) 46.5% 53.5%

76 (Spending Cap/Ed funding) 37.9% 62.1%

77 (Redistricting) 40.5% 59.5%

78 (Presc. Drugs: Discounts - 41.5% 58.5%
Industry proposal)

79 (Presc. Drugs: Discounts - 38.9% 61.1%
Consumer Grp proposal)

80 (Electric Utility Regulation) 34.3% 65.7%

Measure Y, the Los Angeles Unified School District’s facilities bond measure, did exceedingly well. To pass, the measure needed a 55% vote. It garnered nearly 66%, an astonishing number, given the widespread criticism that so frequently targets both the district and School Superintendent Roy Romer, and the district’s decreasing enrollment. (Enrollment dropped by 20,358 students this year, bringing the 688-campus district to a total of 697,980 students.)

Measure Y was interesting from a couple of different perspectives: The district did not campaign as intensively or extensively as it has in the past for its bond proposals, and newspapers and business organizations were unpredictable in their opposition and endorsements. The Los Angeles Times held its nose, but asked voters to support it. The Daily News editorialized vigorously against it. The Los Angeles Chamber of Commerce endorsed the measure, while the Valley’s United Chambers of Commerce used blunt language to oppose it (No and hell, no.) The Board of the Valley Industry and Commerce Association made a motion to oppose the measure, but couldn’t obtain the required two-thirds vote to support the position and ended up with no position.

The final tally on Measure Y was 65.74% yes and 34.26% no.

In the 10^th and 14^th Los Angeles City Council districts, the only two with candidates’ races, the results were pretty much as expected. In both districts, a special election was being held to fill vacancies. In the 10^th District, Herb Wesson (former Assembly Speaker, who was termed out of the Assembly in 2004) easily beat his two opponents to win. He received 79.82% of the vote.

In the 14^th District, School Board Member Jose Huizar, the front-runner in a race with 9 other candidates, maintained his lead up to and including Election Day. He won with 54.38% of the vote. His closest competitor, former City Council Member Nick Pacheco (whom Antonio Villaraigosa defeated in 2004) received just 26.55% of the vote. Ironically, this race was being held to replace Villaraigosa, who vacated his City Council seat to run successfully for Mayor.

Voter turnout had been predicted at 42% by Secretary of State Bruce McPherson, and his prediction was pretty much on the money: About 41.5% showed up at the polls statewide. Voter turnout in Los Angeles County was 41%.

What value did this special election serve? It was enormously unpopular throughout the state. Voters were not convinced that a scheduled June election wouldn’t have sufficed. News reports of the high costs associated with the special election also bothered voters, as poll after poll demonstrated. When the dust settled, the cost to the state was $55 million, while the cost to campaigners on each side of the issues reached an incredible quarter billion dollars. Nothing was achieved for the money expended. None of the ballot measures was carefully or thoughtfully written. It’s likely that any that passed would have been challenged in the courts.

The election is over, and the problems remain. Wouldn’t it be grand if legislators from both parties and the Governor could vow to work together on the budget deficit, the crumbling infrastructure, education reform, and energy and water issues, and actually come up with a strategy to address them? The true value of this disastrous special election lies in whether it will provide the impetus to bring the warring sides together to work seriously and collaboratively on the problems that threaten to bring down this great state and deny its promise to future generations of Californians.

Both Senate President pro Tempore Don Perata (D - Oakland) and Assembly Speaker Fabian Nunez (D - Los Angeles) have suggested a bipartisan look at SCA 3 on redistricting, a measure that several nonpartisan groups believe could provide the basis for a fairer and more objective approach to the issue. The Governor took no position on the measure, which would establish an independent 7-member commission, appointed by a variety of legislative and non-legislative powers (including the University of California), and which specified that boundaries be drawn as they currently are, after each census. The Governor’s ballot measure, Proposition 77, would have redrawn district boundaries, making them effective immediately.

The issue of redistricting strikes at the core of partisanship. Let this issue be the first test of the resolve of legislative leaders and the Governor to work together for the good of the people of California.

2. Senator Carole Migden (D - San Francisco) steps down as chair of the powerful Senate Appropriations Committee. The stated reason was to devote more time to state Controller Steve Westly’s campaign for Governor. There is speculation, however, that she may have been assisted in her departure by the Democratic leadership, in response to heavy criticism aimed at her after she pressed an Assembly Member’s “yes” button on one of her bills that she had been lobbying on the Assembly Floor.

Assembly Member Guy Houston (R - Livermore) was not at his seat, when Senator Migden voted on his behalf for her bill, which sought to require cosmetic manufacturers to inform the state about any cancer-causing chemicals in their products. Houston’s vote was the 41^st, achieving the majority of votes needed to pass the bill. Unhappily for the Senator, Assembly Member Bob Huff (R - Diamond Bar) saw her do it. Huff reversed the vote, and the bill failed. (Migden later found another Democrat to support her bill, and it ultimately passed. The Governor approved it on October 7.)

The conceit of the Senator’s action continued to fester among Republicans, however. Although Migden’s chief of staff denied the Senator’s action had anything to do with the departure from her leadership post, most political observers believe otherwise.

3. A New Orleans newspaper reports that Democratic and Republican lawmakers are lobbying hard to make the city the site of the 2008 national party conventions. As reported in the Congressional Quarterly, Rep. Elijah Cummings, D - Maryland, “is urging his fellow Democrats to hold the party’s 2008 presidential nominating convention in New Orleans as a signal of national support for the city after its devastating losses from Hurricane Katrina.” Likewise, Rep. Bobby Jindal (R - Louisiana) “said he has already suggested to Republican National Committee Chairman Ken Mehlman that the party hold its 2008 convention in New Orleans.”

4. The beleaguered Kansas State Board of Education votes to embody “the controversy over creationism” in the state’s public school curriculum. The dispute between advocates of evolution and intelligent design theories has become a staple of the Board’s discussions at numerous meetings, with each side arguing to prohibit the other’s theories from being taught. The compromise--that schools “teach the considerable scientific and public controversy surrounding the origin of life”--was approved on a 6 - 4 vote. Neither side was satisfied, however, with scientists claiming that the “controversy” exists only in the minds of religious zealots, and creationists asserting that the “middle ground” is offensive to Christianity.

As reported in the Los Angeles Times, one board member said the vote made the panel the “laughingstock, not only of the nation but of the world.” Another declared that, “This is a great day for Kansas,” and that the decision “absolutely raises science standards.” Still another said, “I’m certainly not here to change anyone’s faith, but I wish you were not changing science to fit your faith” (referring to another Board member).

The new standards are advisory only. School districts are not required to adopt them.

Although Kansas has been the most visible battleground for this issue, four other states have adopted similar standards that encourage inquiries about the origin of life in the public school curriculum. Those states include Ohio, Minnesota, New Mexico and Pennsylvania.

Meanwhile, UC Berkeley is grappling with a lawsuit filed by the Pacific Justice Institute and Quality Science for All, which object to the University’s website, “Understanding Evolution.” The site includes comments from 17 different religious groups saying that evolution and a belief in a higher power are not mutually exclusive. The plaintiffs argue that a public, tax-payer supported institution cannot use taxpayer dollars to espouse a particular view of evolution. As reported in Education Beat, plaintiff Jeanne Caldwell, wife of the president of Quality Science for All, said that “There are many different religious views about evolution. How dare the government tell students which religious view is correct! This is propaganda, not education!”

UC counsel, Christopher Patti, told Education Beat that the lawsuit is without merit. “What you have here is a Web site that is assisting teachers in the teaching of scientific concepts. It does not advocate any particular religious views, but simply describes in a very straightforward way some of the issues that have arisen with the intersection of science and religion. There’s nothing wrong with that.”

According to Education Beat, the UC Berkeley professor who created the website said it typically gets about 40,000 visits a day. For those interested in accessing it, the address is: www.evolution.berkeley.edu

Return to Archive List

LEGISLATIVE UPDATE

October 14, 2005

CAPITOL NEWS

1. “Decline to State” voters continue to increase. The latest report on voter registration from the Secretary of State reveals a 2.3% increase in registered voters declining to state a party affiliation. The comparison is based on 60 days before the last statewide Special Election (October 7, 2003) and the upcoming one (November 8, 2005). The total number of voters in this category increased from 15.7% to 18.0%.

The number of eligible and registered voters has also increased:

Eligible Voters Registered Voters % Registration

2003 21,783,765 14,995,501 68.84%

2005 22,447,310 15,839,327 70.56%

Meanwhile, party registration has dropped. The number of voters registering as Democrats dropped from 44.1% to 42.8%, and the number of Republican registrants declined from 35.3% to 34.8%. The remaining 4.4% of voters belong to “Other” parties. Listed in the order of largest to fewest numbers, they include the American Independent (1.96%), Green (.93%), Libertarian (.53%), Peace & Freedom (.37%), and Natural Law (.15%) parties.

2. Laura Chick may enter the state Controller race. According to the political newsletter, CalPeek, Chick is “looking” but not yet “testing” the waters for a state Controller race in 2006. As Los Angeles City Controller, Chick has gained high name recognition for audits of city services she has conducted. Her audits of the Los Angeles World Airports and the Los Angeles Harbor raised questions about how contracts are awarded by both entities, resulting in two grand jury investigations into possible corruption by airport and harbor commissioners.

If she were to enter the race, it would be a free ride, since she won’t reach the end of her second term as City Controller until 2009. The filing deadline for major party candidates is March 10, 2006. The Primary Election will be held on June 6, 2006.

3.       U. S. Education Secretary Margaret Spellings forms Commission on the Future of Higher Education. She stated that the charge to the new group will be to develop a “comprehensive national strategy” to optimally prepare the nation’s students “to compete in the new global economy.” The 19-member panel includes individuals from the higher education community, corporate America, and other government agencies:

·         Carol Bartz, Chairman and CEO, Audodesk, Inc.
·         Nicholas Donofrio, Executive Vice President for Innovation and Technology, IBM
·         James. J. Duderstadt, President Emeritus and Director of the Millennium Project, University of Michigan
·         Gerri Elliott, Corporate Vice President, Worldwide Public Sector, Microsoft
·         Jonathan Grayer, CEO and Chairman, Kaplan, Inc. [a subsidiary of The Washington Post, and one of the country’s leading providers of educational and career services]
·         Kati Haycock, Director, The Education Trust
·         James B. Hunt, Jr., Chairman, Hunt Institute for Educational Policy and Leadership [and former Governor of North Carolina]
·         Arturo Madrid, Murchison Distinguished Professor of Humanities, Trinity University, Texas
·         Robert Mendenhall, President, Western Governors University [WGU is the country's only online competency-based university. It was created by the governors of 19 states as a non-profit university to expand access to higher education.]
·         Charles Miller, private investor; former Chairman, University of Texas System Board of Regents--who will serve as Chair of the Panel
·         Charlene R. Nunley, President, Montgomery College, Maryland
·         Arthur J. Rothkopf, Senior Vice President and Counselor to the President, U.S. Chamber of Commerce; President Emeritus, Lafayette College, Pennsylvania
·         Richard Stephens, Senior Vice President for Human Resources and Administration, Boeing
·         Louis M. Sullivan, President Emeritus, Morehouse School of Medicine; former Secretary, U.S. Department of Health and Human Services [under George H.W. Bush]
·         Sara Martinez Tucker, President and CEO, Hispanic Scholarship Fund
·         Richard Vedder, Adjunct Scholar, American Enterprise Institute; Professor of Economics, Ohio University
·         Charles M.Vest, President Emeritus and Professor of Mechanical Engineering, Massachusetts Institute of Technology
·         David Ward, President, American Council on Education
·         Robert Zemsky, Chair and Professor, the Learning Alliance, University of Pennsylvania

Scheduled to hold its first meeting on October 17 in Washington, D.C., the panel has already generated questions, many relating to the composition (why were students excluded? why the predominance of business leaders?), and concern that the group’s work will increase federal intrusion into higher education. Others criticized the timing, asking why establish this commission now, when reauthorization of the Higher Education Act has already heavily involved members of Congress and the higher education community in the same issues the panel will be addressing?

In response, Samara Yudof, spokesperson for the Department of Education, said that the panel will take “a much broader and more futuristic look at where the country needs to be 10 and 20 years from now.” Patrick M. Callan, President of the National Center for Public Policy and Higher Education, commented, “There is a real need for the country to take stock of itself and where it needs to go in higher education, and this commission seems to be a promising vehicle for having that discussion.”

Detractors, such as Eugene W. Hickok, who left his Deputy Secretary position in the Department of Education last December, groused that, “In terms of influencing the higher-education process, it seems pretty slow to the gate.” And Travis J. Reindl, Director of State-Policy Analysis, American Association of State Colleges and Universities, offered, “They’re [Bush Administration] starting to think in terms of legacy because that’s what you do at this point in your term.”

The last federal commission on higher education was convened 8 years ago. Members of that panel, unlike the current one, were predominantly college administrators and heads of higher education associations. The report that eventually was produced, however, was criticized as too light in proposing change, and neither global nor farsighted enough in its perspective.

4. Education Reform on the Local Level. L.A. Mayor Antonio Villaraigosa rolled out plans this week for reforming the city’s public school system. While he began with a bold statement, indicating that the mayor should have “ultimate control and oversight” over the school system, he acknowledged his proposals were modest “first steps.” Based on ideas from the 30-member Council of Education advisors he appointed in late July, the proposals range from safety improvements, such as moving bus stops away from dangerous streets and creating “centers of tolerance” at racially troubled campuses, to improving student learning by inviting adult mentors to work with students at underperforming schools.

The Mayor said he had consulted widely throughout the City on the issue of taking over the school district. The recommendation from all quarters was that the task was too Herculean, given the powerful unions and the breadth of problems. The consensus was not to pursue a takeover, but instead to look at ways government could work with the school district to improve it.

5. On a lighter note. From the California political newsletter StateNet: A team of high school cheerleaders performed a critical public service in Michigan recently. They and their coach were in a vehicle traveling down a main thoroughfare when they witnessed a hit-and-run driver cause a chain reaction of accidents involving multiple cars and injuries. The coach noted the driver’s license plate number--and shouted it out to his team, who promptly turned it into a cheer so as to be able to remember it for the police. The driver was ultimately apprehended, thanks to the coach’s quick-thinking and his cheerleaders’ acumen. StateNet notes that the driver “was not so cheerful about being the subject of so cheerful a cheer."

* STATUS OF PREVIOUSLY INTRODUCED LEGISLATION *

AB 13 (Goldberg) Racial Athletic Team Names and Mascots

This bill would establish the Racial Mascots Act, which would prohibit public schools from using the term Redskins as a school or athletic team name, mascot, or nickname.

Status: Vetoed by the Governor, September 2005.

[In his veto message, the Governor said in part, “I vetoed a nearly identical bill last year because it added another non-academic state administrative requirement, thereby diverting focus from increasing student academic achievement. Administrative decisions regarding athletic team names, nicknames or mascots should be retained at the local level.]

AB 58 (Nunez) K-University Facilities Bond Act

Enacts the K-University Public Education Facilities Bond Act of 2006, which authorizes issuance of state general obligation bonds in an unspecified amount for the purpose of constructing new, and repairing and refurbishing existing, facilities at the state’s public schools, colleges and universities.

The act would become operative only if approved by the voters at the November 7, 2006, statewide general election.

Status: This bill was introduced on December 6, 2004 and referred to the Assembly Education Committee, where it was subsequently designated as a 2-year bill.

AB 76 (Frommer) Office of Pharmaceutical Purchasing

This bill would establish within the California Health and Human Services agency the Office of Pharmaceutical Purchasing to serve as the purchasing agent for prescription drugs for the CSU, and for any other state agency as directed by the Governor, that may elect to participate in the purchasing program.

Status: Vetoed by the Governor, October 7. [In his veto message, the Governor cited cost and questioned the advisability of moving a process already being performed by the Department of General Services to a newly created program in a different agency, which “does not currently have any purchasing functions, capacity or resources.”

The Governor did acknowledge, however, that the concepts in the legislation ought to be pursued, and directed “the Department of General Services to investigate and implement options and strategies to achieve the greatest savings possible on prescription drugs and undertake the following activities to the extent they are feasible and would help control prescription drug costs: Identify opportunities for DGS, University of California, and the California Public Employees Retirement System to coordinate procurement information, consolidate drug procurement or engage in other joint activities that will result in cost savings.”]

AB 165 (Dymally) CSU: African-American Political Institute

Existing law authorizes the CSU, until January 1, 2010, to establish an African American Political and Economic Institute at CSU, Dominguez Hills. Existing law also expresses legislative intent that the institute be funded by grants and contributions from private sources. Use of General Fund and Lottery monies, student fee revenues and other state resources, to support the institute is strictly prohibited. Existing law additionally specifies that if any state monies are utilized, they are to be fully reimbursed by the institute from grants or private sources.

An earlier amendment authorizing redirection of state funds to support the Institute, if funds were appropriated in the annual Budget Act for that purpose, was deleted.

Status: Signed by the Governor, September 29. [Chapter # 384, Statutes of 2005]

AB 196 (Liu) Postsecondary Education: Accountability

This bill would charge the California Postsecondary Education Commission (CPEC) with developing and administering an accountability structure for the state’s system of postsecondary education.

Status: PASSED [9 - 2] by the Senate Education Committee and sent forward to the Senate Appropriations Committee, June 22, and placed on Suspense there on August 16--making the legislation a two-year bill.

AB 529 (Goldberg) CSU: Disability Retirement

This bill would allow CSU employees who are denied a request for reasonable accommodation for disability to make appeals regarding disability retirement to the State Personnel Board (SPB).

Status: Vetoed by the Governor, September 29.

[In his veto message, the Governor stated, “Employees of California State University (CSU) who believe they have been wrongfully denied reasonable accommodation for a disability so that they can return to work have access to the formal complaint procedures established by CSU. They also have available other avenues to file a complaint through the California Department of Fair Employment and Housing or the federal Equal Opportunity Employment Commission or they can file a grievance through their union. This issue may also be addressed through bargaining under the Higher Education Employee Relations Act. This bill undermines the collective bargaining process.”]

AB 593 (Frommer) State Property: California Hope Endowment

This bill would implement state Treasurer Phil Angelides’ proposal for selling unneeded state property and depositing the proceeds into a trust, the revenue from which would be used to improve access to California’s public universities and colleges. [Note: Prior amendments deleted CSU and its properties from use by the endowment.]

Status: Vetoed by the Governor, October 7. [In his veto message, the Governor said voters, by passing Proposition 60A last year, preferred using revenue generated by the sale of surplus property to pay off the debt accrued from the Economic Recovery Bonds. He added, in part, “As worthy an intention as providing additional funding for higher education may be, it is the Administration’s objective to prioritize reducing the State’s debt first, before initiating new programmatic spending.

Even more troubling, the Governor indicated, is that “this bill would delegate important decisions regarding the allocation of state resources to a new entity, unaccountable to the people, operating outside of the annual budget process, without an expressed mandate from the people of California.”]

AB 702 (Koretz) Nursing Education

This bill would require the Statewide Health Planning and Development Office to establish the Health Professions Education Foundation for the purpose of providing financial assistance in the form of scholarships or loans for the educational costs of registered nurses or graduates of associate degree nursing programs who agree to serve in underrepresented areas. The bill would allow the Office to provide financial assistance to students who are seeking a master’s or doctorate degree in nursing.

In order to receive a scholarship or loan repayment for a master’s or doctoral degree program, the registered nurse and student must commit to teaching nursing in a California nursing school for 5 years.

Status: Signed by the Governor, October 6. [Chapter # 611, Statutes of 2005]

AB 706 (Parra) CSU: Reporting of Improper Governmental Activities TRUSTEE BILL

This bill adds language to the Education Code that CSU employees be free to report on improper governmental activities to a designated CSU administrator with the same shield to identity protection and confidentiality that is afforded to those disclosing improprieties to the State Auditor.

Status: Signed by the Governor, September 22. [Chapter # 310, Statutes of 2005]

AB 708 (Karnette) CSU: Whistleblower Protection

This bill, sponsored by the California State Employees Association, also relates to the California Whistleblower Protection Act, as it applies to the CSU. A June amendment removed the mandate for an independent investigator. The bill now authorizes, rather than requires, the CSU to employ independent investigators on complaints, if the system determines it is in the institution’s best interest.

The bill would specifically authorize the CSU to employ an independent investigator on all complaints alleging reprisal, retaliation, threats, coercion, or similar improper acts against an employee for having made a protected disclosure. The bill would also require the independent investigator’s report to be subject to the procedures adopted by the CSU.

Status: Vetoed by the Governor, September 22.

[In his veto message, the Governor stated in part, “This bill is substantively similar to one I vetoed last year. It is unnecessary because it is redundant with current procedures already implemented by the California State University (CSU).”]

AB 961 (Committee on Higher Educ.) CSU: Omnibus bill TRUSTEE BILL

Each legislative session, the CSU sponsors “omnibus legislation” containing non-controversial and/or technical changes to various California Codes of Law. The bill contains three proposals:

(1) Protection of Subcontractors in Design-Building Contracting. This provision seeks to conform the protections of the Subletting and Subcontracting Fair Practices Act to the “design-build” approach the CSU uses in its construction projects.

(2) Auxiliary Board Meetings. Under the California Corporations Code, the Board of Directors of a nonprofit organization is required to meet annually in every year in which directors are to be elected. However, the Education Code requires auxiliary organization governing boards of the CSU to meet at least quarterly. Since it is unclear which standard applies to CSU auxiliary organization governing boards, this provision seeks to amend the Education Code to require them to meet “at least annually.”

(3) Sale of Real Property: CSU Channel Islands Lemon Orchard. Prior legislation authorized the CSU to exchange a portion of the 258-acre lemon orchard parcel in Camarillo for a parcel of land adjacent to the CSU, CI campus. In this provision, CSU is seeking the authority to sell the property to assist the campus in constructing a better campus entrance as well as building athletic fields and parking lots for students, faculty, and staff.

Status: Signed by the Governor, September 22. [Chapter # 318, Statutes of 2005]

AB 1088 (Oropeza) UC, CSU, CCC: Mandatory Orientation for New Students

This bill seeks to require the CSU and the California Community Colleges, and to request the UC, in collaboration with campus and community-based victim advocacy organizations, to provide, as part of established campus orientations, educational and preventive information about sexual violence to all incoming students.

Campuses without existing orientation programs would be required to post on their website educational and preventive information about sexual violence to all students.

Status: Signed by the Governor, October 7. [Chapter # 647, Statutes of 2005]

AB 1452 (Nunez) UC, CSU: Admissions Policies

This bill would authorize the UC and the CSU to consider race, gender, ethnicity, national origin, geographic origin, and household income, along with other relevant factors, in undergraduate and graduate admissions, so long as no preference is given when the university or other entity is attempting to obtain educational benefit through the recruitment of a multi-factored diverse student body.

Status: PASSED [48 - 28] by the Assembly and sent forward to the Senate, June 2. Referred to the Senate Education and the Senate Judiciary Committees, June 15, where it was designated as a two-year bill.

AB 1646 (Committee on Higher Educ.) UC, CSU, Community Colleges: Admission of Non-citizens

This bill is an “omnibus bill” for the community colleges, addressing largely minor technical matters.

As most recently amended, AB 1646 also addresses an issue that affects all three systems of public higher education: The bill repeals a provision of California law that “prohibits a public higher education institution from admitting, enrolling, or permitting the attendance of any person who is not a citizen of the United States, an alien lawfully admitted as a permanent resident in the United States, or a person who is otherwise authorized under federal law to be present in the United States.” This provision was declared invalid by a federal court, making repeal necessary.

Status: Signed by the Governor, October 7, 2005. [Chapter # 654, Statutes of 2005]

ACR 93 (Bogh) California Economic Literacy Week

This Assembly Concurrent Resolution designates the week of October 24, 2005, through October 28, 2005, as California Economic Literacy Week, and would urge Californians to observe these days by working for a better understanding of our economic system.

Status: Adopted by both houses of the Legislature, September 8 and Chaptered by the Secretary of State on September 19. [Resolution Chapter # 143]

SB 569 (Torlakson) CSU, UC: Alumni Programs TRUSTEE BILL

CSU and UC are joint sponsors of this bill, which would allow the Trustees and Regents, campus alumni associations, and auxiliaries to offer benefits and services to members through affinity programs such as those offered by California nonprofit organizations and private colleges and universities.

Status: Signed by the Governor, October 4. [Chapter # 498, Statutes of 2005]

SB 661 (Migden) California Student Athlete Fair Opportunity Act of 2005

The bill would establish the California Student Athlete Fair Opportunity Act of 2005, and require the CSU to ensure that all of its campuses that provide athletic scholarships for student athletes also provide summer athletic scholarships, commencing with the 2006 summer term.

The bill would further require the CSU to ensure that all of its campuses that are members of the National Collegiate Athletic Association (NCAA) have a comprehensive plan for the academic support of student athletes.

The CSU would be required to report, with prescribed data, on the athletic academic progress and athletic academic support for all campuses that are members of the NCAA. The reports must be submitted biennially to the Legislature and the Governor on or by November 1 of each odd-numbered year, commencing in 2007.

Status: Signed by the Governor, October 5. [Chapter # 552, Statutes of 2005]

Return to Archive List

LEGISLATIVE UPDATE

September 22, 2005

CAPITOL NEWS

1. Hurricane Katrina recovery costs set record in disaster spending. The Christian Science Monitor reports that “Spending tied to hurricane Katrina has hit as much as $2 billion per day, or about 10 times the amount the United States is spending on military operations in Iraq.” The article predicts that the total costs could exceed $150 billion, which, “spread out over the next couple of years would roughly match the $6 billion a month being spent in Iraq.”

The magnitude of the costs has Congress rethinking earlier spending decisions. Conservative House Republicans released their proposal this week for offsetting the costs. The plan includes cutting the pork in the recently approved federal transportation bill; reducing funding for Amtrak; lowering foreign aid (amounts and countries not specified); eliminating NASA’s moon/Mars initiative; canceling support for PBS; postponing for one year implementation of the new Medicare prescription drug program--and charging federal employees for parking, which the plan estimates will produce $1.54 billion. (How many federal employees are there?)

Authors of “Operation Offset” estimated that the plan could produce savings of $139 billion in one year, $544 billion over 5 years, and $1.2 trillion over 10 years.

The wrapping was barely off the proposal, though, before bipartisan critics began picking it apart. House Majority Leader Tom DeLay (R - Texas) called reductions in the transportation bill a “non-starter,” and in a statement prepared by his office, said, “My earmarks are pretty important to building an economy in that region [his district].” DeLay also objected to delaying the Medicare program.

However, Rep. Mike Pence (R - Indiana), in a statement to the Washington Times, said that his House colleagues need to take “a really hard look [at delaying implementation of the drug program], which would put $40 billion back into the federal budget.” Pence also told ABC’s “This Week” that, “We simply can’t allow a catastrophe of nature to become a catastrophe of debt for our children and grandchildren…. We simply cannot break the bank of the federal budget that is currently running about an $8 trillion national debt, about $26,000 per family.”

Other Republicans warmed to the proposal, indicating that it would allow moving ahead with their planned tax cuts. Still others commented that some of the proposed cuts would move to the back burner, such as repealing the estate tax and making permanent earlier tax reductions.

Democratic response was less focused on the proposed reductions than it was on accountability for federal spending authorized thus far. House Democrats expressed concerns about fraud and abuse, and recommended establishment of a special commission to monitor and oversee expenditures.

2. Higher Education spending could also be affected by hurricane Katrina offsets. The American Association of State Colleges and Universities sent alerts to its members warning that, “The impact of the hurricane…will have a dramatically negative impact on the education budget, specifically on pet programs like Pell grants, for years to come.” The Association pledged to “continue to work with the appropriations staff to retain the paltry $50 increase in this year’s [Pell] award, but this may prove to be a Herculean task.”

The House has passed its version of the bill reauthorizing the Higher Education Act last July. The Senate Education Committee approved its version last week, and the bill will go before the full Senate shortly. The bills will then go to a conference committee, comprised of members of both houses, to reconcile the differences and produce a single bill for the President’s signature. Generally speaking, the Senate version is more favorable to students and to the higher education associations than the House bill--particularly in the area of student financial aid. For example, the Senate bill would authorize an increase in the Pell Grant maximum award from the current $4,050 to $5,100 by the 2006-07 academic year. The House bill authorizes only a $50 increase.

Other provisions in the Senate version include raising the income cutoff for automatic eligibility for the maximum Pell Grant from $15,000 to $20,000; allowing Pell Grant recipients to use their awards year round (as opposed to the current limit of 9 months, reflecting a traditional academic year calendar to which many campuses no longer adhere); providing an additional $1 billion over 5 years to fund grants up to $1500 a year for low-income students who major in math, science or foreign languages deemed to be “critical to the national security of the United States;” permitting the U. S. Secretary of Education to reduce the fees students must pay to obtain loans from 4% to “no less than 1% and not more than 3%” of the amount borrowed; and increasing the amount of money that first- and second-year students may borrow from the federal student-loan programs. In regard to the last provision, current loan limits for freshmen and sophomores are $2,650 and $3,500 respectively. The Senate bill would increase these amounts to $3,500 and $4,500 respectively.

Some members of Congress have suggested reducing or eliminating these increases and/or cutting into existing funding levels in order to produce more revenue to address the 3 most pressing federal fiscal problems: Federal spending for Hurricane Katrina and the war in Iraq, and the increasing deficit.

Other members of Congress have suggested that the current Higher Education Act, which is set to expire at the end of September, be extended for three months, to give lawmakers who are distracted by the after effects of Katrina time to focus on those issues. An earlier proposal to extend the Act for 6 months was defeated, and the chair of the House Committee on Education and the Workforce, Rep. John Boehner, has pledged to produce a reauthorization bill by the end of the year.

3. Katrina’s other impacts. Students displaced by the hurricane, and campuses virtually destroyed by it, have been affected in myriad ways:

· Foreign students who fled their flooded campuses find themselves not only out of classes, but in danger of being forced to leave the country for visa violations. The U.S. Department of Homeland Security has been slow to relax its rules governing foreign nationals enrolled at U.S. colleges and universities. Current regulations require that students must enroll at another campus within 30 days of the original start date of classes, or else leave the country. The regulations also require that these students take a full course load and not work off campus. They are also limited to taking only one on-line course a semester.

The Chronicle of Higher Education reports that, in response to questions about whether any of the rules would be relaxed, Jamie E. Zuieback, a spokeswoman for the U.S. Immigration and Customs Enforcement [housed within Homeland Security] indicated that her agency “will review each case on a case-by-case basis,” and that the agency’s “goal is to ensure that students can continue their studies in the United States.”

· Tuition refund policies of New Orleans-area universities anger parents of displaced students. According to the websites of Loyola University-New Orleans and Tulane University, students who plan to return to these campuses are being advised to pay their fall tuition because, regardless of where they attend college this semester, they are still Tulane or Loyola students. Tulane’s website states that payment of tuition allows the university and other campuses similarly forced to close for the fall “to maintain their long-term viability without having to deplete their endowments and other resources.”

Students are being advised that their tuition payments will be credited to the spring semester, or refunded if they decide not to return to the university in the spring.

In response to complaints that deadlines for tuition refunds were set too early for displaced students desiring to withdraw, both Tulane and the University of New Orleans have now extended their withdrawal deadlines to November 1.

· Controversy has erupted over the handling of research animals. According to the Chronicle of Higher Education, People for the Ethical Treatment of Animals (PETA) has sent letters to the Louisiana Attorney General, the U.S. Secretary of Health and Human Services, the U.S. Department of Agriculture, and the Louisiana State University system Chancellor charging officials at the University’s Health Sciences Center with cruelty to animals for abandoning “thousands of animals who drowned, suffocated, starved, or died of dehydration in its laboratories” during the storm. The letters ask, variously, for the dismissal of the officials heading the Center and the University Medical Center, and for the University Medical Center to be denied any federal funds to rebuild its animal labs.

All of the Health Sciences Center’s 8,000 experimental animals died or were euthanized, including rhesus monkeys belonging to the University’s Vice President for Academic Affairs, who, according to the Chronicle’s account, was among the last to evacuate.

Charles F. Zewe, a spokesman for the Louisiana State University system, told the Chronicle that the system doesn’t plan to take any actions in regard to PETA’s accusations. The paper said that no one from the state Attorney General’s office, the U.S. Department of Agriculture or the Department of Health and Human Services was available to comment on PETA’s letters to them.

However, spokespersons at the Louisiana State University Health Sciences Center and at Tulane University did comment on the destruction of decades of scientists’ lifework, which at Tulane included invaluable blood samples from a heart study that had been tracing heart disease in thousands of people since 1972, as devastating, and irreplaceable losses.

At Southern Mississippi University, a group of 26 bush babies, described as small primates with bushy tails and big eyes, were put in harm’s way by Katrina. Sheree L. Watson, a psychology professor at the University, whose research involved studying these animals, checked on them the day after the hurricane, using a chain saw to clear the driveway of her home and some of the roads along the 10 mile route from her home to the research center. Because the storm knocked out the power, the ventilation system wasn’t functioning. Professor Watson made 3 to 4 trips a day to air out the facility. Knowing that she would soon be out of food and water for the primates, she phoned colleagues for help in evacuating the animals, leaving voicemails on phones that had long since been abandoned. A week later, workers from FEMA and the U.S. Department of Agriculture helped her transport the animals in her car and a van to the College of Veterinary Medicine at Mississippi State University, Starkville--3 ½ hours away.

4. Just when you thought the worst was over. Hurricane Rita, as I write this newsletter, is bearing down on Galveston, Texas. Universities that had taken in hundreds of displaced students from New Orleans-area campuses, now find themselves evacuating these students and their own students. The evacuees, now seasoned migrants, provided moral support.

Among the evacuees at the University of Texas Medical Branch in Galveston were 100 medical students, displaced from the medical school at Tulane University. In a moving account in the Chronicle of Higher Education, Justin Lafrenier, a third year medical student, offered this advice to his fellow students: “You get good at realizing that nothing is permanent, and you have to just roll with the punches.”

5. At the local level, CSUN efforts to accommodate displaced students and to raise money for relief and recovery continue. The CSU system has enrolled several hundred students throughout the 23 campus system. At CSUN, the campus received 67 inquiries and admitted 61 students, of whom 16 actually enrolled. Fundraising efforts among students, faculty, and staff have netted thus far about $85,000.

6. Senator Sheila Kuehl signals interest in running for Secretary of State. Kuehl opened an account for the position to begin raising money for a possible race. If she does toss her hat into the ring, she would face Senate colleague, Debra Bowen (D - Marina del Rey). Bowen is termed out of her Senate seat in 2006, while Kuehl’s term expires in 2008. While it is assumed incumbent Bruce McPherson will be running as the GOP candidate, he has not yet filed papers to raise contributions.

7. State Finance Director Tom Campbell resigns. Campbell, who was appointed last December 1 to the position by Governor Schwarzenegger after incumbent Donna Arduin left two months earlier, resigned in order to campaign for two of the Governor’s reform initiatives on the November 8 Special Election ballot. The Governor’s reform package actually includes 3 measures, one relating to reducing the time to tenure for K-12 teachers, from 2 to 5 years, one concerning budget reform, and one designed to transfer responsibility for redistricting from the Legislature to a panel of retired judges. Campbell will be spearheading the campaign on the latter 2 initiatives.

After the Special Election, Campbell will not be returning to the Governor’s staff, but will be returning to his former position as Dean of the Haas School of Business at UC, Berkeley. Campbell took a year’s leave of absence to become the Director of Finance, a vantage point from which he could communicate the Governor’s budget reform proposals to the Legislature and to the public.

Replacing Campbell in the interim will be Michael C. Genest, who has a long history of state service. Genest served in the Department of Social Services for many years until the Governor appointed him as Undersecretary of the Health and Human Services Agency in 2003. Most recently he’s been on loan to the Department of Corrections and Rehabilitation as Acting Director of Support Services.

8. Twilight Zone entry. This item comes from StateNet Capitol Journal. A school boy in Lansing, Michigan, was not allowed to get bottled water from the school cafeteria when he bought his lunch. He was offered milk or juice to purchase--or he could fill his thermos with tap water at one of the school’s water fountains. But he could only buy water in the cafeteria…if he had a note from his doctor. Makes one wonder what is in that water!

9. Report of Legislative actions. In the bill updates below, actions are reported as of September 9, when the Legislature adjourned until next year. Governor Schwarzenegger has until October 9 to sign or veto bills. The next issue of Legislative Update will be published after that date, to capture the final disposition of all of the bills followed in 2005.

* NEW LEGISLATION OF INTEREST *

Note: Bills must be in print for 30 days before a committee may hear them.

ACR 93 (Bogh) California Economic Literacy Week

Introduced: August 30, 2005

* STATUS OF PREVIOUSLY INTRODUCED LEGISLATION *

AB 13 (Goldberg) Racial Athletic Team Names and Mascots

This bill would establish the Racial Mascots Act, which would prohibit public schools from using the term Redskins as a school or athletic team name, mascot, or nickname.

Status: Sent to Senate Inactive File, on a motion made by Senator Sheila Kuehl, August 15. [Note: The recent NCAA ban on the use of American Indian mascots in NCAA championship competitions made this bill moot.]

Never say die, however: The bill was resurrected and was subsequently PASSED [22 - 15] by the Senate on September 8. It was sent to the Governor on September 19. [Note: Governor Schwarzenegger vetoed a similar bill, authored by Assembly Member Goldberg, last year.]

AB 76 (Frommer) Office of Pharmaceutical Purchasing

Status: Sent to the Governor, September 15. [Note: The CSU opposed this bill, and asked the author to exempt the system from its provisions. The author declined to do so, believing the action to be moot, in light of signals from the Governor’s Office that he will veto the bill.]

AB 196 (Liu) Postsecondary Education: Accountability

This bill would charge the California Postsecondary Education Commission (CPEC) with developing and administering an accountability structure for the state’s system of postsecondary education.

AB 529 (Goldberg) CSU: Disability Retirement

This bill would allow CSU employees who are denied a request for reasonable accommodation for disability to make appeals regarding disability retirement to the State Personnel Board (SPB).

Status: Sent to the Governor, September 15.

[Note: Both the CSU and the Department of Finance (DOF) opposed this bill. The latter stated in its opposition letter--a view with which the CSU agrees--that, “This bill would add a second right of appeal for CSU employees, despite the fact that the Board of Trustees has already promulgated programs and procedures to resolve these issues. While the State Personnel Board may play a legitimate role in setting policies, investigating complaints and adjudicating claims for civil service employees, its role should not be extended to include CSU employees.”

CSU has asked the Governor to veto the bill.]

AB 593 (Frommer) State Property: California Hope Endowment

Status: Sent to the Governor, September 19.

AB 706 (Parra) CSU: Reporting of Improper Governmental Activities TRUSTEE BILL

Status: Sent to the Governor, September 8.

AB 708 (Karnette) CSU: Whistleblower Protection

Status: Sent to the Governor, September 9.

[Note: CSU initially opposed this bill, believing that AB 706 above, and existing law and CSU Executive Orders, provide adequate protection for whistleblowers. The system was not persuaded that employing an external investigator would provide a better process. With the June and August amendments, CSU has removed its opposition to the bill.]

AB 720 (Villines) CSU: Observance of Veterans Day

Existing law prescribes the holidays--among them, Veterans Day--in California for state agencies, public schools and the community colleges. Existing law authorizes the CSU Trustees to provide, by rule, for the holidays to be observed by CSU employees.

In the case of seven of these holidays, the Trustees are permitted to reschedule observance of the holiday to another day consistent with the needs of the campus or systemwide offices. Veterans Day is one of the holidays in this category.

This bill would remove Veterans Day from this category and require every CSU campus to observe it as a holiday by closing on that day--except when the holiday falls on a Saturday or a Sunday, when it would then be observed on the preceding Friday or on the following Monday, respectively.

Status: Signed by the Governor, August 30. [Chapter 146, Statutes of 2005]

AB 918 (Wyland) CSU: Recognition of Career Technical Education Courses

As initially written this bill would have required all CSU campuses to recognize, for the purpose of admissions and grade point average calculations, career technical education courses in those subject matter areas in which majors are offered within the State University system, provided that these career technical education courses meet or exceed the relevant state approved standards.

The bill was gutted and rewritten on September 2 to pertain instead to resident classification for members of the armed forces. Specifically, this bill would eliminate the one-year limitation on resident classification for active duty members of the armed forces stationed in this state who are graduate students, and for the natural or adopted child, stepchild, or spouse who is a dependent of an armed forces member stationed in California on active duty.

Included in the September 2 amendments is a provision reversing the law that exempts undocumented aliens from paying out-of-state tuition.

Status: In its original version, the bill was PASSED [6 - 0] by the Assembly Higher Education Committee, April 5; PASSED [18 - 0] by the Assembly Appropriations Committee; and PASSED on the Assembly Consent Calendar, May 5.

The bill was sent to the Senate Education Committee, where it remains and where it will likely die--given the Democratic majorities in both Houses and the fact that the law exempting illegal aliens from paying out-of-state tuition was authored by a Democrat (AB 540, former Assembly Member Marco Firebaugh, 2002).

AB 961 (Committee on Higher Educ.) CSU: Omnibus bill TRUSTEE BILL

Each legislative session, the CSU sponsors “omnibus legislation” containing non-controversial and/or technical changes to various California Codes of Law. The bill contains three proposals:

Status: Sent to the Governor, September 2.

AB 1088 (Oropeza) UC, CSU, CCC: Mandatory Orientation for New Students

Campuses without existing orientation programs would be required to post on their website educational and preventive information about sexual violence to all students.

Status: Sent to the Governor, September 13.

AB 1646 (Committee on Higher Educ.) UC, CSU, Community Colleges: Admission of Non-citizens

This bill is an “omnibus bill” for the community colleges, addressing largely minor technical matters.

Status: Sent to the Governor, September 14.

SB 569 (Torlakson) CSU, UC: Alumni Programs TRUSTEE BILL

Status: Sent to the Governor, September 13.

SB 724 (Scott) CSU: Doctoral Degrees TRUSTEE BILL

This bill seeks to authorize the CSU to award the Doctor of Education degree and prescribe standards for the awarding of that degree.

As most recently amended, the bill would additionally require the CSU, the Department of Finance, and the Legislative Analyst’s Office to jointly conduct, in accordance with prescribed criteria, a statewide evaluation of the Ed.D programs implemented under the bill, and to report the results of the evaluation in writing to the Legislature and the Governor on or before January 1, 2011.

Status: SIGNED by the Governor, September 21.

Return to Archive List

LEGISLATIVE UPDATE

August 25, 2005

CAPITOL NEWS

1. California Legislature reconvenes after month-long summer recess--and hits the ground running. The first week saw hundreds of bills placed on suspense in the Assembly and Senate Appropriations Committees, as members sifted through stacks of bills, prioritizing them for hearings this week. Talks between the Democratic leadership and the Governor continued--but negotiating a compromise agreement that would make the Special Election on November 8 unnecessary remains an elusive goal. The deadline has since passed by which the Special Election might be called off. However, since the deadlines are created by the Legislature and/or the Governor, a deadline is not always a deadline.

One deadline that is absolute: All bills seeking to be enacted this year must be passed by both houses of the Legislature by September 9.

2. Los Angeles School Board approves one of two measures proposed for the November 8 Special Election ballot. The Board unanimously approved a $3.985 billion school construction/facilities bond, but rejected a $150 per year parcel tax. This bond is the fourth one to be placed before voters since 1997. According to school district officials, if approved by voters, the combined cost of all four bonds would raise the current property tax bill on a home with an assessed value of $500,000 from about $425 to $710 in 2009.

Revenue from the bond would be used to construct new schools and repair existing facilities. According to School Board President Marlene Canter, the revenue would enable the District to add 20,000 seats and put all elementary schools on the same, traditional two-semester calendar. For the bond measure to pass, a 55% majority vote is needed.

The proposed special parcel tax would have been applicable to any parcel of land, developed or undeveloped, wholly or partially located within the school District. If approved by voters, the tax would have been assessed for six years, and estimated to bring $125 million to the District. Revenue from the parcel tax would have been used to reduce class sizes, increase student safety, improve school libraries, provide resources for underachieving children, strengthen support services such as nurses, guidance and college counselors, and improve the overall academic achievement of the District’s students. The parcel tax proposal required a two-thirds vote to pass, which Superintendent Roy Romer felt would be difficult to achieve, if the measure appeared on the same ballot with the bond proposal. The School Board indicated it might revisit the idea of a parcel tax on a future ballot.

3. The November 8 Special Election will include City Council candidates for two districts. The 10^th district, formerly represented by Martin Ludlow, who resigned last month to head the Los Angeles County Federation of Labor, initially attracted 12 candidates. Just 3 have been certified, the most well known being former Assembly Speaker Herb Wesson, who is currently Special Assistant to County Supervisor Yvonne Brathwaite Burke. The other two candidates are Barry E. Levine, a professional photographer, and Robert D. Serrano, who identifies himself as “CEO.”

The 14^th district, vacated when occupant Antonio Villaraigosa was elected Mayor, has drawn 10 individuals, all of whom have been certified for the special election ballot. Eight are unknown, first-time candidates. The remaining two are Jose Huizar, president of the LAUSD School Board, and Nick Pacheco, who represented the 14^th District for one term before he was defeated by Villaraigosa in 2003. Jose Huizar has thus far won the most endorsements, including the new Mayor’s.

4. Still another Special Election. Upon the recommendation from Orange County Registrar Steve Rodermund, Governor Schwarzenegger has called a special Primary election on October 4, to replace Rep. Christopher Cox (R - Newport Beach), who is giving up his 48^th Congressional District seat to assume the Chair of the Securities and Exchange Commission. President Bush nominated Cox for the post in early June and the Senate unanimously confirmed the appointment in late July.

The selection of October 4 has turned controversial since it falls on Rosh Hashanah. Because of state election laws that mandate specific time periods for various election activities and actions, only two dates were available to the Orange County Registrar, Steve Rodermund: October 4 or October 18. He picked the earlier date because he said the later date wouldn’t leave enough time for his staff to prepare for the statewide special election on November 8. The Jewish Federation has appealed to the Governor to reschedule the election.

Candidates: Former state Assembly Member Marilyn Brewer (R - Orange County), who was elected last January to a four-year term as the public representative on the Orange County Transportation Authority, is one of two Republicans who has announced an interest in running for the vacant seat. The other is state Senator John Campbell, who represents the Irvine area. Campbell served 10 years in the Assembly and was elected to the state Senate in 2004. The only announced Democrat in this largely GOP district is Professor John Graham, who teaches marketing and international business at the Paul Merage School of Business at the University of California, Irvine.

Former Congressman Bob Dornan, who represented an Orange County district for 20 years, before being defeated by Loretta Sanchez in 1997, has announced his candidacy, but hasn’t determined whether to run representing the Republican or the American Independent Party. Dornan, 72, is probably best remembered for his fiery rhetoric and hair-trigger temper.

5. Los Angeles City Council President Alex Padilla announces plan to run for State Senate. The announcement came as no surprise, as most political observers anticipated Padilla would opt for the Senate, when Antonio Villaraigosa was elected Mayor. Padilla’s current and last term as a Member of the City Council expires in 2009. If incumbent Mayor Jim Hahn had been reelected, Padilla would have run for Mayor in 2009, since it would have been an open seat. Villaraigosa is expected to serve two terms as Mayor.

Padilla’s entry into the Senate race pits him against Assembly Member Cindy Montanez, who announced her intention to run for the open seat several weeks ago. The incumbent, Richard Alarcon, is termed out in 2006, and has indicated he will run for Montanez’s Assembly seat.

Enactment of the term limits law has kept incumbents from serving in the same office for decades, which is what the voters wanted, right?

6. Bill seeking to give Los Angeles Mayor authority over School Board appointments may be illegal. Deputy Legislative Counsel Mira A. Macias, in an opinion sent to Senator Jack Scott, Chair of the Senate Education Committee, stated that authority over the school board rests with the City of Los Angeles and not the state Legislature, since the City Charter prescribes how board members are elected (Article VIII). Macias concluded that SB 767 (Romero, D - Los Angeles) would violate the state Constitution.

Supporters of SB 767 discounted the opinion, indicating it should be for the courts to determine the constitutionality of the bill. They urged that efforts to move the bill through the state Legislature should continue. [Note: Please go to page 6 for a status report on this bill.]

7. Governor Schwarzenegger appoints Faculty Trustee. Dr. Craig Smith, chair of the Department of Film and Electronic Arts at CSU, Long Beach, was appointed to a 2-year term on the CSU Board of Trustees. A Republican, the 60-year-old Craig has been with the university since 1988. He has served as president of The Freedom of Expression Foundation since 1983, and is also a member of the National Advisory Council for the Media Institute, is on the Board of the Southern California Urban Debate League, and is an associate editor with the Western Journal of Communication.

The position does not require Senate confirmation. Compensation is $100 per diem.

8. California and the flow of transportation dollars. Congress recently passed the federal Transportation Reauthorization bill, one of the most pork stuffed bills in recent memory--and the President signed it on August 10. The 1,752 page legislation authorizes 6,376 special projects, including major highway and bridge construction and transit programs, and totals $286.5 billion to be expended over the next 4 years. The bill was finally passed by the House on a vote of 412 to 8, and by the Senate, 91 to 4, after nearly 2 years of haggling and 11 temporary extensions. President Bush had set a cap of $284 billion, which the bill exceeded, but given that an earlier House version proposed a $400 billion expenditure, the President observed that the bill finally approved by Congress “was close enough.”

The legislation brings $23 billion to California--the highest amount of the 50 states--followed by Illinois, New York, Alaska and Texas, to round out the top 5 recipients. Given California’s infrastructure needs, and the number of construction jobs these projects will generate, this money comes as welcome news, further boosting the state’s economy.

While the total amount of dollars flowing to the state is hailed, the earmarks going to the counties have disgruntled many. Of the $23 billion, about $3.4 billion consists of earmarks, mostly designated by influential lawmakers. Bakersfield County, which counts 734,848 people within its boundaries (or 1/50^th of the state’s population) will receive $726.8 million or nearly $1000 per capita. San Francisco County, with a slightly larger population--744,230--will receive $314 million or $422 per capita.

Los Angeles County and its 9,937,739 residents will receive $983.4 million or about $100 per capita. San Diego County, the second most populous in the state with nearly 3 million residents, will receive $257.5 million or about $88 per capita. Officials in both of these counties have suggested that folks in the top two recipient counties might want to send letters of thanks to Rep. Bill Thomas (D - Bakersfield), who chairs the powerful House Ways and Means Committee, and Rep. Nancy Pelosi (D - San Francisco), the House Minority Leader, who may have had some influence over the directional flow of the dollars.

The really local angle: CSUN will receive an earmark of $271,700 to expand its tram service.

* NEW LEGISLATION OF INTEREST *

Note: Bills must be in print for 30 days before a committee may hear them.

AB 1776 (Klehs) Statewide Special Elections

This bill would specify that the Governor may, by proclamation, rescind a call for a statewide special election any time prior to the date of that election.

[Note: Governor Schwarzenegger’s political advisors have discussed the possibility of canceling the special election he called for November 8, and are said to be split on whether he ought to take this course of action. The question is how to do it, since it’s never been done before. Counsel for Secretary of State Bruce McPherson, advised that the Legislature could pass emergency legislation by a two-thirds vote calling for the cancellation. AB 1776--the numbering is a coincidence--was introduced to give the Governor that option.]

Introduced: August 15, 2005

ACR 81 (Klehs) November 8, 2005 Statewide Special Election

This Assembly Concurrent Resolution urges the Governor to issue a proclamation calling off the statewide special election currently scheduled for November 8, 2005.

Introduced: August 15, 2005

* STATUS OF PREVIOUSLY INTRODUCED LEGISLATION *

AB 13 (Goldberg) Racial Athletic Team Names and Mascots

This bill would establish the Racial Mascots Act, which would prohibit public schools from using the term Redskins as a school or athletic team name, mascot, or nickname.

AB 706 (Parra) CSU: Reporting of Improper Governmental Activities TRUSTEE BILL

Status: On the Consent Calendar in the Senate Appropriations Committee and expected to be sent to the Senate Floor on August 22. The bill will then be sent to the Assembly for concurrence. CSU believes it has worked to remove all opposition to the bill and anticipates the bill will receive the majority votes needed on both Floors of the Legislature, and be sent forward to the Governor.

AB 708 (Karnette) CSU: Whistleblower Protection

As further amended on August 16, the bill would specifically authorize the CSU to employ an independent investigator on all complaints alleging reprisal, retaliation, threats, coercion, or similar improper acts against an employee for having made a protected disclosure. The bill would require the independent investigator’s report to be subject to the procedures adopted by the CSU.

Status: Scheduled to be heard in the Senate Appropriations Committee, August 22.

AB 961 (Committee on Higher Educ.) CSU: Omnibus bill TRUSTEE BILL

Each legislative session, the CSU sponsors “omnibus legislation” containing non-controversial and/or technical changes to various California Codes of Law. The bill contains three proposals:

Status: PASSED [12 - 0] by the Senate Education Committee, June 8. Senate Rule 28.8 was invoked, which allowed the bill to bypass the Senate Appropriations Committee and go directly to the Floor, where it PASSED on the Senate’s Special Consent Calendar, August 22. Once the bill clears the Senate, it will go back to the Assembly for concurrence, and then go forward to the Governor. CSU anticipates passage and subsequent approval by the Governor.

SB 569 (Torlakson) CSU, UC: Alumni Programs TRUSTEE BILL

Status: PASSED on CONSENT by the Assembly Appropriations Committee, August 17. The bill now moves to the Assembly Floor, then back to the Senate for concurrence. Both actions require a majority vote, which CSU believes the bill will achieve before the September 9 deadline, when the Legislature adjourns for the year. It is also anticipated that the Governor will approve the legislation when it reaches his desk.

SB 724 (Scott) CSU: Doctoral Degrees TRUSTEE BILL

This bill seeks to authorize the CSU to award the Doctor of Education degree and prescribe standards for the awarding of that degree.

Status: Placed on Suspense in the Assembly Appropriations Committee, August 17, but is expected to be pulled off and heard on August 25. [Note: CSU is asking everyone who earlier sent letters of support for this critical bill to contact the chair and vice-chair of the Assembly Appropriations Committee, Assembly Members Judy Chu (D - Monterey Park) and Sharon Runner (R - Lancaster), respectively, to reaffirm their support. Their e-mail addresses are: assemblymember.chu@asm.ca.gov and sharon.runner@asm.ca.gov

CSU is asking supporters also to contact their local legislators in preparation for the Assembly Floor vote, which is expected to take place within the next 2 weeks.]

SB 767 (Romero) LAUSD: Mayoral Authority in Appointing Board Members

This bill would establish the Mayoral Leadership to Improve Education in Los Angeles Act, to authorize the Mayor of the City of Los Angeles, upon a finding of educational failure, to appoint members to fill any vacancies on the LAUSD Board of Education, and to appoint a new member upon expiration of the term of an incumbent member.

As amended on August 22, the bill now contains an Urgency Clause, meaning it would take effect immediately upon the Governor’s signature, and a Sunset Clause, which provides that the bill’s provisions would be repealed as of July 1, 2011.

Status: PASSED [8 - 2] on a bipartisan vote by the Senate Education Committee, and referred to the Senate Appropriations Committee, August 24.

[Note: Mayor Villaraigosa has given a somewhat cool reception to Senator Romero’s bill. He has said its introduction is premature, as he would prefer more time to build a consensus for reform, and for his recently appointed 30-member advisory council to report on ways to address such problems as racial violence, low test scores, and high drop-out rates within the school district.

SB 767 will most likely be carried forward as a two-year bill, but even if it were to pass and be approved by the Governor, the timing of election cycles would preclude Villaraigosa from making any appointments to the School Board during his first term as mayor.]

Return to Archive List

LEGISLATIVE UPDATE

July 22, 2005

CAPITOL NEWS

1. The big news this week: President Bush’s long-awaited announcement of his nominee to the United States Supreme Court. Speculation about a wide-range of candidates came to a halt when the President announced the name of Judge John Roberts. Roberts currently serves on the U.S. Court of Appeals for the District of Columbia circuit.

There has been one early assessment of the nominee from the American Council on Education (ACE). ACE VP and General Counsel, Sheldon E. Steinbach, noting that Roberts had represented colleges, faculty and the NCAA when he was in private practice, told the Chronicle of Higher Education on Wednesday that “There could not be in this administration a better nominee for higher education…. John Roberts is the one person who really understands education.” The cases detailed by the Chronicle, which include those Roberts argued as an attorney and the one case he decided as an appellate judge, are interesting in that they don’t reflect any consistent philosophical bent.

As more of the higher education leaders and associations weigh in, Legislative Update will report their views on the nominee.

For those interested in reading more about these cases, please go to the Chronicle’s website: http://chronicle.com/daily/2005/07/2005072001n.htm [Note: Access to the website is limited to those who subscribe to the print edition of the newspaper. Readers who can’t access the website, who would like to read the article, can e-mail me and I will send the article to them as an e-mail attachment.]

2. The House Subcommittee on 21^st Century Competitiveness, which addresses higher education issues, approved significant amendments to the Higher Education Reauthorization bill this week. HR 609, which would reauthorize the Higher Education Act for another six years, is the latest in a series of bills introduced since 2004, each attempting to reauthorize the Act, which is set to expire at the end of this year. The Act provides funding authorizations for college and university programs, primarily student financial aid, but also contains numerous regulations that apply to higher education institutions.

The amendments adopted to date reflect compromises reached between Republicans, Democrats and the higher education associations. The key elements, summarized in the July 14 edition of the Chronicle of Higher Education, and subsequently updated in California Capitol Hill Bulletin, include the following: (Asterisked items reflect CSU priorities.)

· Raises the amount of money that first- and second-year students may borrow from federal student financial aid programs. For freshman, the cap was raised from $2,625 to $3,500, and for sophomores, from $3,500 to $4,500.

· Reduces, over a 5-year period, the fees students pay to obtain their loans from 3% of the amount borrowed to 1%.

· *Makes Pell Grants available to students year-round, rather than over the traditional academic year (9 months)--but imposes an 18-semester limit on students receiving Pell Grants. [There currently is no limit.]

· Places institutions that consistently raise their tuition and other costs of attendance by more than twice the rate of inflation on a government watch list, and requires them to provide a detailed accounting of all of their costs and expenditures.

[Note: A far more draconian version of this provision was proposed by Rep. Howard “Buck” McKeon last year, with significant penalties imposed--loss of eligibility for all federal student aid programs--on institutions that increased their tuition more than twice the rate of inflation for two consecutive years. McKeon abandoned his proposal when he was persuaded it would be unfair to institutions in California, for example, that had maintained the same level of fees for 6 years, before being forced to raise them due to substantial budget reductions, as the state grappled with double digit, billion dollar deficits.]

· *Continues the TRIO and GEAR UP programs, including Upward Bound and Talent Search.

· *Allows TRIO Upward Bound programs to provide math and science preparation services to veterans.

· *Requires federal Title II teacher preparation grants to supplement and not supplant local funding for teacher preparation.

· Clarifies that student aid applicants who have been convicted of drug-related offenses are ineligible for federal aid only if the offenses were committed while they were attending college.

· Allows borrowers who consolidate their federal student loans to have a choice between a variable and a fixed interest rate.

· Forbids the U.S. Department of Education from creating data bases, based on units taken, to track the educational progress of students.

While progress is being made on the current reauthorization bill, significant stumbling blocks appear in the road ahead. Republicans are concerned that universities and colleges need to be made more accountable for the effectiveness of their programs, and continue to worry about the cost of a higher education, and the erosion on access caused by higher fees. Democrats oppose the imposition of what they believe to be costly and arcane reporting requirements, which they contend do not facilitate nor protect Republican goals of expanding access, affordability and quality.

Next step: HR 609, as amended, was sent forward from the House Subcommittee on 21^st Century Competitiveness to its parent Committee on Education and the Workforce, where it is currently under consideration. The hope, if not the expectation, is that the bill will come up for a Floor vote after Congress returns from its Summer Recess.

3. House energy bill amended to extend Daylight Savings Time. HR 6, which went to a Senate/House conference committee this week to iron out differences between the two houses, was initially amended to extend daylight savings time by two months--beginning a month early and lasting a month longer--in an effort to conserve energy. As most recently amended, however, the extension was reduced to one month. Barring any other amendments, daylight savings time would begin the second Sunday in March and end on the first Sunday in November. Currently, daylight savings runs from the first Sunday in April to the last Sunday in October.

The amendment seemed innocuous enough, but ran almost immediately into a buzzsaw of criticism from a wide range of quarters: The airlines complained that the change would put them on a separate track from other international carriers. A religious group objected that the change would disrupt practices that are regulated by sunrise. Schools and parents worried about children walking to school in the dark. Rep. Joe L. Barton (R - Texas), who chairs the House Energy Committee, was quoted in the Los Angeles Times, “Cows don’t pay attention to clocks!” voicing the concerns of constituent farmers.

Other groups supported the change, noting that longer daylight hours would improve sales by encouraging more people to shop longer. Others pointed to savings in electricity.

I may be in the minority here, but why have the hassle of a time change mid-year at all? Why not settle on one time and do away with “Fall back, spring forward”?

4. State Senator Gloria Romero (D - Los Angeles) introduces legislation to allow the Mayor of Los Angeles to appoint school board members. Currently the Mayor has no authority over the Los Angeles Unified School District or Board of Education, although the city does spend some $300 million annually on programs related to children. Nonetheless, reforming the school system was a top priority for Mayor Antonio Villaraigosa, both during his campaign and now, and establishment of an Education Advisers Council to conduct a study and recommend reforms was high on his “to-do” list.

Although the members of the Council have not been appointed yet, the Mayor issued a set of goals for the body this week:

· Secure Passages: Ensuring safe and reliable transport of children to schools, libraries, and after-school programs;

· Healthy Kids: Promoting the importance of good nutrition and fitness in the classrooms;

· Before- and After-School Support: Enhancing current programs and supporting mentoring and day-care programs; and

· Strategic Alliances: Exploring ways to launch new and expand existing partnerships between the LAUSD, business, the community, and parents.

Senator Romero introduced her bill, SB 767, to give the Mayor of Los Angeles the authority he would need to assume a more active role in the governance of the LAUSD. Response to her bill was muted, from both Mayor Villaraigosa and School Board President Marlene Canter, and Assembly colleague and former School Board member, Jackie Goldberg--not surprising since the Senator had not consulted with them or anyone else before introducing her bill.

Chances of SB 767 passing in the current session are slim, but not impossible, given the late hour and the crush of legislation awaiting the Legislature when it reconvenes on August 15 for its final four weeks. The legislation could be carried forward as a two-year bill, but the timing of election cycles would preclude Villaraigosa from making any appointments to the School Board during his first term as mayor.

5. Governor Schwarzenegger issues Executive Order relating to discrimination against disabled people in government. EO 4 directs “all state agencies, departments, boards and commissions to utilize best efforts with respect to recruitment, hiring, advancement,” and to “issue clear, written directives to their managers and supervisors prohibiting discrimination against qualified individuals with disabilities.” The EO also requires each state agency to review its hiring practices annually “to identify any barriers to employment of individuals with disabilities, and, in consultation with their disability advisory committee, take appropriate action to eliminate any non job-related barriers to the integration of individuals with disabilities into the workforce.

The Governor cited 2000 U.S. Census data in his EO that reveal 54 million Americans, or a “full 20 percent of the U.S. population,” live with a disability.

6. Summer Recess begins for State Legislature. The Legislature began its Summer Recess on July 16. Legislative Update will be on hiatus until the Legislature reconvenes on Monday, August 15. Other key deadlines:

August 26: Last day for fiscal committees to meet and report bills to the Floor.

Aug. 29 - Sept. 9: Floor session only. No committees (other than Conference and Rules Committees) may meet for any purpose.

September 9: Last day for each house to pass bills. Legislature adjourns at midnight to begin Interim Recess.

October 9: Last day for the Governor to sign or veto bills passed by the Legislature.

7. Congress set to begin its summer recess. Members of Congress will be back in their home districts, August 1 - September 5, reconvening the day after Labor Day, September 6.

Existing law requires the CSU Trustees to provide disability retirement or, in certain cases of involuntary leave pending retirement, temporary disability allowances for qualified University employees

This bill would authorize an employee who alleges that the Trustees have not complied with this requirement to request a hearing by the State Personnel Board, which this bill would authorize, to render a decision in the matter.

Existing provisions in the state Constitution exempt officers and employees of the CSU from state civil service. Existing law provides civil service employees with certain procedural rights, including a right for those with disabilities to have reasonable accommodations made by their employer.

This bill would provide CSU employees who have disabilities, who are challenging denials of requests for reasonable accommodation, with similar procedural rights to those granted to civil service employees under the State Civil Service Act.

Status: PASSED [46 - 28] by the Assembly, May 31. PASSED [7 - 3] by the Senate Education Committee, June 22. PASSED [5 - 2] by the Senate Judiciary Committee and sent forward to the Senate Appropriations Committee, July 12. [Note: In all 3 cases, the vote was cast along partisan lines, with Democrats supporting and Republicans opposing the bill.]

[Note: Both the CSU and the Department of Finance (DOF) are opposed to this bill. The latter stated in its opposition letter--a view with which the CSU agrees--that, “This bill would add a second right of appeal for CSU employees, despite the fact that the Board of Trustees has already promulgated programs and procedures to resolve these issues. While the State Personnel Board may play a legitimate role in setting policies, investigating complaints and adjudicating claims for civil service employees, its role should not be extended to include CSU employees.”]

AB 706 (Parra) CSU: Reporting of Improper Governmental Activities TRUSTEE BILL

Status: PASSED [9 - 0] by the Senate Education Committee, June 22; PASSED [7 - 0] by the Senate Judiciary Committee and sent forward to the Senate Appropriations Committee, July 12.

This bill, sponsored by the California State Employees Association, also relates to the California Whistleblower Protection Act, as it applies to the CSU. As amended on June 27, this bill would authorize, rather than require the CSU to employ an independent investigator on all complaints.

Status: PASSED [8 - 2] by the Senate Education Committee, June 22; PASSED [5 - 2] by the Senate Judiciary Committee and sent forward to the Senate Appropriations Committee, July 12.

[Note: CSU opposes this bill, believing that AB 706 above, and existing law and CSU Executive Orders, provide adequate protection for whistleblowers. The system is not persuaded that employing an external investigator would provide a better process.]

Status: PASSED [12 - 0] by the Senate Education Committee, and sent forward to the Senate Appropriations Committee, June 8. Senate Rule 28.8 was invoked on July 12, allowing the bill to bypass the Appropriations Committee and be sent directly to the Senate Floor. A Floor vote is pending.

Campuses without existing orientation programs would be required to post on their website educational and preventive information about sexual violence to all students.

Status: PASSED [9 - 2] by the Senate Education Committee and sent forward to the Senate Appropriations Committee, June 22, where it is expected to be heard in late August, when the Legislature reconvenes after its Summer Recess.

As initially written, this bill authorized the Chancellor of the California Community Colleges, in conjunction with the Chancellor of the CSU, to award grants to establish baccalaureate degree completion projects in rural counties. The bill required the participating community college district and the participating CSU campus to jointly plan the new baccalaureate degree completion project, identify the resources necessary to offer the program over a 2-year period, and agree upon expected outcomes.

The collaborative effort would have to take place in regions in which community colleges and CSU campuses were at least 50 miles apart. Upon enactment, the community colleges would be authorized to provide the classrooms, and the CSU to furnish instructors and award bachelor’s degrees.

As amended on June 23, all specific references to the CSU were deleted, allowing the California Community Colleges to collaborate with any baccalaureate-granting institution.

As amended on July 11, the Office of the Chancellor of the California Community Colleges would be required, on or before April 1, 2012, to submit a report to the Legislature and the Department of Finance on the efficacy of the program established. As amended, the bill also adds a sunset clause, repealing its provisions on June 12, 2014.

Status: PASSED [11 - 0] by the Senate Education Committee and sent forward to the Senate Appropriations Committee, June 30.

AB 1646 (Committee on Higher Educ.) UC, CSU, Community Colleges: Admission of non-citizens

This bill is an “omnibus bill” for the community colleges, addressing largely minor technical matters.

Status: PASSED [12- 0] as amended, by the Senate Education Committee and sent forward to the Senate Appropriations Committee, June 15. Senate Rule 28.8 was invoked on July 12, allowing the bill to bypass the Appropriations Committee and go directly to the Senate Floor. A Floor vote is pending.

Status: Set to be heard in the Assembly Appropriations Committee in mid-August, when the Legislature reconvenes from its summer recess.

This bill seeks to authorize the CSU to award the Doctor of Education degree and prescribe standards for the awarding of that degree.

As amended on July 13, the bill would additionally require the CSU, the Department of Finance, and the Legislative Analyst’s Office to jointly conduct, in accordance with prescribed criteria, a statewide evaluation of the Ed.D programs implemented under the bill, and to report the results of the evaluation in writing to the Legislature and the Governor on or before January 1, 2011.

Status: Scheduled to be heard in the Assembly Appropriations Committee in mid-August, when the Legislature reconvenes from its Summer Recess.

1. Governor calls Special Election. After threatening to do so for weeks, on June 13 Governor Schwarzenegger finally called for a Special Election to be held on November 8. There are no candidates running on the ballot at the present time, although that might change if municipalities use the opportunity to elect replacements for lawmakers who have left office midterm for a variety of reasons.

Eight initiatives have been approved for this election, including the three in Governor Schwarzenegger’s reform package [indicated by asterisk]:

· Prop. 73: Termination of a Minor’s Pregnancy. Amends the state Constitution to bar abortion on unemancipated minors until 48 hours after the physician notifies the minor’s parent or legal guardian. Provides for an exception in the case of a medical emergency or with parental waiver. The initiative also requires physicians to report abortions performed on minors, and the state to compile statistics.

· Prop. 74: *Public School Teachers: Tenure. Increases the length of time before a teacher may become a permanent employee from two complete consecutive school years to five complete consecutive school years. The measure applies to teachers whose probationary period began during or after the 2003-04 fiscal year. Also authorizes school boards to dismiss a permanent teaching employee who receives two consecutive unsatisfactory performance evaluations.

· Prop. 75: Public Employee Union Dues. Prohibits public employee labor organizations from using dues or fees for political contributions unless the employee provides prior consent each year on specified written forms. The prohibition does not apply to dues or fees collected for charitable organizations, health care insurance, or other purposes directly benefiting the public employee.

· Prop. 76: *State Spending/School Funding. Sponsored by “Citizens to Save California.” Changes the state minimum established by Prop. 98 for school funding, permitting suspension of minimum funding, but terminating the repayment requirement and eliminating authority to reduce funding when state revenues decrease. Excludes above-minimum appropriations from the schools’ funding base. Limits state spending to prior year total plus revenue growth. Shifts excess revenues from schools/tax relief to budget reserve, specified construction, and debt repayment.

Requires the Governor to reduce state appropriations, under specified circumstances [largely relating to the state budget not being passed on time], including employee compensation and state contracts. Continues prior year appropriations if new state budget is delayed. Prohibits state special funds borrowing. Requires payment of local government mandates.

· Prop. 77: *Reapportionment. Sponsored by Ted Costa of “People’s Advocate.” Amends the state Constitution’s decennial process for redrawing the boundaries of Senate, Assembly, Congressional and Board of Equalization districts. Requires a 3-member panel of retired judges, selected by legislative leaders, to adopt a new redistricting plan upon voter approval, and again after each national census. Provides for the process to repeat, if voters subsequently reject the plan.

· Prop. 78: Prescription Drug Discounts. This initiative is sponsored by PhRMA, which represents the leading pharmaceutical research and biotechnology companies. Establishes a discount prescription drug program to be overseen by the Department of Health Services. Enables certain low- and moderate-income California residents to purchase prescription drugs at reduced prices. Imposes a $15 application fee, renewable annually. Authorizes the Department to contract with pharmacies to sell prescription drugs at agreed-upon discounts negotiated in advance, and to negotiate rebate agreements with drug manufacturers. Allows the program to be terminated under certain specified conditions.

· Prop. 79: Prescription Drug Discounts. One of two initiatives on the issue appearing on the ballot. This measure is sponsored by Health Access California (“Alliance for a Better California”). Provides for prescription drug discounts to Californians who qualify based on income-related standards; discounts to be funded through rebates from participating drug manufacturers negotiated by the California Department of Health Services. Other provisions: Requires at least 95% of the rebates must go to fund the discounts; prohibits new Medi-Cal contracts with manufacturers not providing the Medicaid best price to this program; makes prescription drug profiteering unlawful, and sets up an oversight board.

· Prop. 80: Electric Utility Regulation. Regulates the price of electricity, substantially undoing the partial deregulation of the 1990s. Specifies that registration by electric service providers with the California Public Utilities Commission constitutes their consent to regulation. Requires utilities to generate 20% of power from renewable energy sources by 2010 [instead of the current requirement of 2017]. Imposes restrictions on electricity customers’ ability to switch from private utilities to other electric providers. [Note: Governor Schwarzenegger vetoed legislation similar to this initiative in 2004.]

This special election has special significance extending beyond the content of some of these proposals, which seek to radically change existing practices. The Governor has placed his personal stamp on the election, and by lobbying for the passage of his 3 reform proposals, he has put his political future in the hands of voters. If his measures pass, the balance of power in the state will shift significantly to the executive branch of the government. If his measures lose, his clout and influence will suffer--as will his chances for reelection in 2006.

2. The budget is late--but only by 15 days. It was déjà vu all over again. Democrats said they had met nearly all of the Governor’s demands; Republicans said the Democrats were still spending too much; and the Governor said he was confident a budget would be enacted by the deadline, this week; soon.

State Controller Steve Westly warned he would be forced to withhold millions from vendors, public schools and others that do business with the state; business leaders admonished that the instability caused by perpetually late budgets would discourage businesses from locating in the tarnished Golden State; and the media published statistics showing how many budgets were late by how many days.

Earlier this week, accord was announced, and yesterday the state Legislature passed the budget with the required two-thirds vote (34 - 4 in the Senate, 65 - 13 in the Assembly); the Governor is expected to sign it next week. The approved version is very close to the one the Governor proposed, with a couple of significant deviations. Education spending was increased, but not by the $3 billion sought by Democrats and education leaders. On the other hand, the Governor’s proposal to shift $469 million in teacher pension funds from the state to local school districts was rejected. Both sides supported fully funding Proposition 42 (dedicating gasoline sales tax revenues for transportation repair and construction projects) for the first time since the initiative was approved by voters in 2002. The Budget contains no new taxes, but it also doesn’t address the “structural deficit,” leaving the state with a gap between spending and revenue of either $4.7 billion (Democrats’ estimate) or $6 billion (Republicans’ figure).

3. Antonio Villaraigosa was inaugurated Mayor of Los Angeles last week in a jubilant event that was marked by optimism and renewed hope for the future. Reactions to the changing of the guard were rich and varied. Some pundits asked if anyone could remember who was mayor between Richard Riordan and Antonio Villaraigosa. The Daily News published a list of 44 promises made by the new Mayor while he was on the campaign trail, and wondered how many of his proposals would survive the financial or political obstacles facing them. The Los Angeles Times noted that the Mayor was prompt in fulfilling at least one promise immediately: Removing five lobbyists from city commissions.

Actually, that action was only one of several taken by the new mayor to fulfill his pledge on ethics reforms. He has also mandated an “ethics pledge” for members of his staff and all City General Managers and Commissioners, and he appointed an ethics czar to enforce 4 new measures approved by the City Council at his urging. There’s a new sheriff in town!

The new mayor also quickly jumped on the transportation issue, pledging to lobby state and federal officials more vigorously for additional money to extend the Red Line. He has already made his 3 appointments to the MTA Board: City Council Member Bernard Parks, former Assembly Member Richard Katz (who chaired the Assembly Transportation Committee, and who was a special advisor on transportation issues to former Governor Gray Davis), and David Fleming, Chair of the Economic Alliance of the San Fernando Valley, and who is also known as “Mr. San Fernando Valley,” for his advocacy on behalf of the Valley.

The pledge that has drawn the greatest amount of attention is the promised overhaul of the public school system, over which the mayor has no jurisdiction. In his inaugural address, the new mayor announced he would “immediately create a Council of Education Advisors made up of our brightest education leaders, whose charge it will be to draft a comprehensive proposal to make long-needed improvements to the L.A. Unified School District.” The members of this panel are expected to be announced within the next week.

One question, thus far unanswered, is whether the Mayor’s group would be working in tandem with the 30-member panel created last spring by City Council President Alex Padilla and School Board President Jose Huizar to study the governance of the school district.

A shining moment in the mayor’s inauguration occurred when he introduced the Governor, which elicited boos from the crowd. “Angelenos, excuse me, there will be civility today.” Since much of what passes as political discourse today is the ranting of radio talk show hosts, it was refreshing to hear the mayor interrupt his remarks to insist on a basic tenet of democracy: Respect for others, and by extension, respect for the opinions of others.

4. In other city news, Alex Padilla was unanimously re-elected to a third term as president of the Los Angeles City Council. City Council Member Wendy Greuel was elected President Pro Tempore. Padilla, who is termed out in 2009, is said to be considering a run for the 20^th district state Senate seat when incumbent Richard Alarcon is termed out in 2006. If Padilla is successful, Greuel, who challenged him unsuccessfully for the top Council post in 2003, could have another shot at it.

Padilla indicated education [LAUSD] would be one of his top priorities as Council President, while Greuel identified transportation as hers.

5. The Los Angeles Board of Education elects new leader. Of interest to both the new mayor and City Council President Alex Padilla is no doubt the election of the new president of the 7-member Board, known for its contentious marathon meetings. Jon Lauritzen and Marlene Canter both fiercely lobbied their colleagues for votes, hoping to win the top spot unanimously. The final vote, however, was 5 to 1 for Canter. Marguerite LaMotte cast the dissenting vote, while Lauritzen abstained. Canter, who voted for herself, is known for being an outspoken, forceful defender of the district--and of School Superintendent Roy Romer.

She told the Los Angeles Times, “There is a very big civic dialogue going on right now about our schools, and I want to represent a strong voice of the board in that discussion…. I want everyone to know as they step into this how complex and difficult it is. Governance [of the district] is not the only issue.”

6. Nationally, the biggest story of the decade is arguably the surprise retirement of Associate Supreme Court Justice Sandra Day O’Connor. All eyes had been focused on ailing Chief Justice William H. Rehnquist, who has yet to make an announcement concerning his departure from the High Court. President Bush immediately became the subject of speculation--and the target of activists from the full range of the political spectrum. Liberals are arguing for a centrist in the “O’Connor mode,” while conservatives are urging the President to pick someone who will vote to overturn Roe vs. Wade and reverse other unpopular decisions that have been decided by 5 - 4 votes, with several of the swing votes cast by Justice O’Connor.

Among the candidates the President is said to be considering is Attorney General Alberto Gonzales, a moderate conservative who many believe would be acceptable to both Senate Republicans and Democrats, who must vote to confirm the President’s choice. However, the more extreme conservatives have already begun to circle their wagons against him, arguing that at best he would be “another Associate Justice Arthur Kennedy”--assumed to be a conservative when appointed, but who ended up voting too often with the liberal bloc.

Appointment of a strong conservative in Chief Justice Rehnquist’s chair has generally been accepted as inevitable, but not alarming, since like would be replacing like. Given Justice O’Connor’s role as a centrist, the balance of the court could be significantly altered.

Justice O’Connor has been widely revered by the higher education community for decisions on which she wrote the majority opinions, in particular those relating to gender equity and affirmative action. In 2003, underscoring the value of a diverse student body, she authored the majority opinion in a 5 to 4 decision to uphold consideration of race among the many admissions factors used by the Law School at the University of Michigan, Ann Arbor.

In March, she wrote the majority opinion in another 5 to 4 vote ruling in a Title IX case, which strengthened protection of whistleblowers who report unequal treatment of anyone, male or female, in federally funded educational programs.

Justice O’Connor also wrote the majority opinions in two other cases that were less well received. One upheld the constitutionality of a federal law that required the National Endowment of the Arts to consider “decency” when awarding federal grants. The other held that employees of public colleges or universities could not file age discrimination lawsuits against their institutions or state governments in federal court.

An L.A. Times commentary on Justice O’Connor reflected that she “brought grace, wisdom and common sense to her job.” The country will be well served if her successor can do the same.

7. Hispanic population increases, but voter turnout doesn’t keep pace. The Pew Hispanic Center released a report this week indicating explosive growth in the Hispanic population in the U.S.--5.7 million during 2000-2004---accounting for half of the country’s population increase during this period. However, Hispanic voters were responsible for only one-tenth of the increase in total votes cast in the 2004 election, according to the Center.

8. Kenyon Chan, founding former chair of CSUN’s Asian American Studies Department named interim President of Occidental College. Chan had also served CSUN as Director of the Liberal Studies Program. He was appointed Vice President for Academic Affairs and Dean of the College at Occidental in 2003.

Chan will assume office on September 1, when the current President, Theodore R. Mitchell, assumes his new position as CEO of New Schools Venture Fund in San Francisco. Mitchell, who served six years as President of Occidental, told Education Beat that he “decided to make the move because of a need to ‘make a difference’ in K-12 education.”

9. A form of poetic justice in Minnesota. Minnesota’s Governor Tim Pawlenty has vetoed legislation that would have created a state Poet Laureate on the grounds of precedent. As reported in StateNet Capitol Journal, “Pawlenty reasoned that signing the bill would have led to calls for similar state recognition for other artistic performers, such as mimes and interpretive dancers.”

This Assembly Concurrent Resolution proclaims the week of October 24 - 28, 2005 as Voter Awareness Week.

This bill would establish the Racial Mascots Act, which would prohibit public schools from using the term Redskins as a school or athletic team name, mascot, or nickname.

Status: PASSED [8 - 4] by the Senate Education Committee, June 8. The bill by-passed the Senate Appropriations Committee, when Senate Rule 28.8 was invoked. The rule permits any bill that doesn’t appropriate money to be sent directly to the Floor for a vote. The bill is on its Third Reading (which occurs when a measure is about to be taken up for a floor vote for final passage).

As initially written, the bill also required that the Office submit a report on February 1, 2007, and annually thereafter, to certain committees of the Legislature regarding the program. As amended on June 22, this requirement was deleted.

Status: PASSED [42 - 34] by the Assembly and sent forward to the Senate, June 6. PASSED [7 - 4] by the Senate Health Committee and sent forward to the Senate Appropriations Committee, June 29. [Note: In both cases, the vote was cast along partisan lines, with Democrats supporting and Republicans opposing the bill.] The CSU remains opposed to this bill.

As amended, this bill sought to authorize the redirection of state funds to support the Institute, if they are appropriated in the annual Budget Act for that purpose. As amended on July 1, this authorization was deleted.

Status: PASSED [9 - 2] by the Senate Education Committee and sent forward to the Senate Appropriations Committee, June 22.

Status: PASSED [7 - 3] by the Senate Education Committee, June 22. PASSED [6 - 3] by the Senate Government, Modernization, Efficiency and Accountability Committee, and sent forward to the Senate Appropriations Committee, June 30. [Note: In both cases, the vote was cast along partisan lines, with Democrats supporting and Republicans opposing the bill.]

This bill prohibits a state agency--including the CSU--from employing a primary care physician as an independent contractor when there is an unfilled, full-time primary care position available within the state agency, unless the state agency is unable to do so after a good faith effort. The bill would not preclude a state agency from contracting for a physician on a temporary basis or in instances where an agency is unable to recruit a full-time physician.

CSU had sought to be excluded from the provisions of this bill, and on June 20 an amendment accomplishing the deletion was adopted.

Status: PASSED [3 - 2] by the Senate Public Employment and Retirement Committee and sent forward to the Senate Appropriations Committee, June 27. [Note: As in all previous committee votes on this bill, the vote was cast along partisan lines, with Democrats supporting and Republicans opposing the bill.]

Under existing law, local law enforcement is exempted from the prohibition against wiretapping, eavesdropping, and monitoring cordless or cellular phone transmissions, under specified conditions. AB 992 would add the campus police departments at UC and CSU campuses to this exemption. As amended on June 22, the exemption would extend only for the purposes of criminal investigations related to sexual assaults and other sexual offenses, as specified.

This bill is co-sponsored by the UC and CSU systems, which believe that the authority is essential to the campus police departments in conducting investigations for such offenses as date rape and acquaintance abuse incidents.

Status: FAILED PASSAGE [2 - 3] in the Senate Public Safety Committee, June 14. The author requested and was granted reconsideration, and the bill was heard again on June 28, where it again failed passage on the same vote. [Note: Barring a rule waiver suspending the prohibition against more than one vote of reconsideration--this bill is now dead.]

Proposes a Constitutional Amendment to prohibit the state from issuing any driver’s license or state identification card; providing in-state tuition or fees for postsecondary education; granting any voting privileges; or providing any health, social, or other state or local benefit to any person who is neither a citizen of the United States, nor an alien lawfully present in the United States, unless the privilege, service or benefit is required by federal law.

As amended on June 28, the bill would require--to the extent consistent with federal law--the presentation of proof of citizenship when any person exercises his/her right to vote.

Status: FAILED PASSAGE [2 - 6] in the Assembly Judiciary Committee, July 5. The author did not request reconsideration.

It is common practice throughout the country (and in California for private institutions) to offer benefits and services through affinity partnerships with commercial vendors to graduates and alumni members as a means of maintaining their connection to the University. A significant portion of alumni association revenues is generated through affinity programs.

SB 569 would amend the law to allow the UC and CSU alumni associations to implement affinity programs using student and alumni information consistent with private colleges and universities in California. The bill is co-sponsored by the UC and the CSU.

To address legislators’ concerns over privacy, the bill was amended to require the university campuses to notify alumni regarding their right to “opt out” (and not have their name and contact information shared with any third party).

The bill also now contains a sunset clause: Its provisions would be repealed as of January 1, 2011. The five-year period is intended to give the universities sufficient time to prove that an opt-out program can be successful.

Status: PASSED [7 - 0] by the Assembly Higher Education Committee; PASSED [8 - 0] by the Assembly Judiciary Committee and sent forward to the Assembly Appropriations Committee, June 28.

[A SPECIAL NOTE OF THANKS: SB 569 and SB 724 (below) are two high priority bills for CSU this session. A lot of work by CSU alumni, and friends and supporters of the 23 CSU and 10 UC campuses, has been done on behalf of both bills. SB 569 appears headed for passage in the Assembly, and, following expected concurrence by the Senate in the Assembly’s amendments, the legislation will go to the Governor. While he is expected to sign it, nothing should be assumed. A final effort from both UC and CSU alums will be launched to urge the Governor’s approval of the measure.]

As most recently amended, this bill sought to authorize the CSU to award the doctoral degree in selected professional fields [physical therapy, audiology, education], but not the degree of doctor of philosophy, except as that degree would be awarded jointly with the University of California or with one or more independent institutions of higher education.

The bill also prohibited the California State University from awarding doctoral degrees in law, medicine, dentistry, or veterinary medicine, and reiterated a requirement that any proposals for new doctoral programs at the California State University be reviewed, and approved, revised, or rejected, by the Trustees in accordance with prescribed criteria.

As amended on July 5, this bill authorizes the CSU to independently award the Ed.D. Provisions relating to authorization to offer clinical doctorates in physical therapy and audiology were deleted.

Status: PASSED [5 - 2] by the Assembly Higher Education Committee, July 5. [Note: The 2 dissenting votes were cast by Assembly Members Barbara Matthews (D - Merced) and Carol Liu (D - Pasadena), the chair of the committee. Both Assembly Members adamantly oppose granting the CSU authority to offer any doctorate degree.

The impetus for SB 724 was the need to address a crisis that emerged when the national accreditation standards for preparing audiologists were changed to require a doctoral degree as the minimum standard, rather than a Master’s degree, effective January 2007. A similar crisis was looming for physical therapists.

Currently, all audiology education in California exists within the CSU, on six CSU campuses--with CSUN’s program being by far the largest. Without the ability to award a clinical doctorate in audiology, graduates with only a master’s degree will not qualify for state licensure, state education credentials or national certification.

Currently, there are no AuD programs in California. With the exception of one joint program between San Diego State University and UC San Diego--which will turn out just 10 audiologists a year-- none of the CSU campuses has been able to successfully negotiate a joint degree program with a UC or private university, despite more than a decade of effort.

Passage of SB 724, as initially written, would have allowed CSUN and the other 5 CSU programs to modify their existing baccalaureate and master’s degree programs to meet the new professional (clinical) doctoral degree standards.

As amended, the bill addresses the crisis by stating it could be met by expanding joint UC-CSU doctoral degree programs. Subsequent conversations between the two systems suggest that two such programs might be established to complement the existing one in San Diego: One in the north between UC Davis and Sacramento State, and one in Southern California between UC Irvine and CSUN.