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LEGISLATIVE UPDATE

June 30, 2000

CAPITOL NEWS

1. Latest Internet Ruling. The Fourth Circuit U.S. Court of Appeals issued an opinion last week upholding a Virginia law preventing public employees--including college faculty members and librarians--from looking at sexually explicit material on the Internet using their state-owned computers. [The law specified disciplinary action could be taken against violators by their employers (public agencies); the law did not prevent employees from accessing such materials on their privately owned computers.]

The court, in an 8 - 4 decision, ruled that the Virginia law regulated the public employees' official duties as state employees, and did not violate the First Amendment right of free speech.

The court noted that the Virginia statute did provide for exemptions for a "bona fide, agency-related research project." However, the law also required researchers to seek permission from supervisors before accessing "files or services having sexually explicit content," making it especially disturbing to the American Civil Liberties Union, which filed the lawsuit on behalf of six Virginia state college professors shortly after the law was enacted in 1996.

The college professors challenged the law on the basis that it violated their academic freedom. One professor, Bernard H. Levin, who taught psychology at Blue Ridge Community College, stated that the law, in effect, would force him into the role of censor, since some of the materials he asked his students to call up on the Internet, in conjunction with his course of sexuality, could be considered sexually explicit.

Polley A. McClure, Vice President and Chief Information Officer at the University of Virginia, pointed out that the law would also prohibit her staff from investigating complaints of inappropriate websites, since they wouldn't know what they would find until they logged on.

R. Kent Willis, Executive Director of the Virginia Chapter of the ACLU which assembled the group of professors challenging the law, declared the statute as "classic censorship," and was in direct conflict with the purpose of a university, which traditionally is a bastion for free exchange of ideas. Comparing the Internet to a library or museum, he asked, "Can you imagine what you'd have to take off the walls of museums if sexually explicit materials were forbidden?"

The author of the law, state Representative Robert G. Marshall, defended it on the basis that government has no obligation to provide access to such materials, and that, "When you are a guest on a host system, you play by the rules." He also pointed out the provisions for exemptions for bonafide researchers.

The Court's opinion, as reported in the Chronicle of Higher Education, produced sharp reaction from the American Association of University Professors. The immediate past president of the association, Dr. James T. Richardson, stated that, "The idea that you have to get approval from academic supervisors is anathema to the whole concept of academic freedom as we know it in America."

Judge Francis D. Murnaghan, who wrote the dissenting opinion, also expressed concerns over the provision in the law requiring researchers to obtain permission. As quoted in the Chronicle, Judge Murnaghan said that the provision provided "no check on the discretionary authority of state authorities and thus invites arbitrary enforcement. The danger of arbitrary censorship is particularly relevant in [this] case, given the differing views on the merits of research and discussion into sexually related topics."

Rulings by the Fourth Circuit cover the states of Maryland, North and South Carolina, Virginia and West Virginia.

The ACLU indicated it would appeal the Circuit Court's opinion to the U.S. Supreme Court.

2. The state Assembly extinguished hopes of modifying the term limits law when it voted this week to defeat Assembly Member Lou Papan's bill (ACA 2) that sought to lengthen the current terms of six years in the Assembly and 8 years in the Senate to 12 years in each house. The 30 - 31 vote was essentially partisan with Democrats favoring and Republicans opposing. (Nineteen Members were either not present or not voting.) One Republican, Brett Granlund (Riverside County) voted to support the measure. Nine Democrats voted against it, including Lou Correa (Anaheim), Dean Florez (Bakersfield/Fresno), Richard Floyd (Wilmington), Sally Havice (Cerritos), Hannah-Beth Jackson (Ventura/Santa Barbara), Alan Lowenthal (Long Beach), George Nakano (Torrance), Sarah Reyes (Fresno/Visalia) and Howard Wayne (San Diego).

Assembly Constitutional Amendments require a two/thirds vote for approval. Because proponents of extending terms were not able to muster a majority vote on ACA 2, Senator Don Perata's com panion measure in the upper house, SCA 20, will likely not be put up for a vote on the Senate Floor.

As has been reported widely in both print and electronic media, more groups and organizations- most notably the League of Women Voters and the California Chamber of Commerce--have softened their views on term limits. They are not arguing for elimination of term limits, but for longer terms which they believe will provide more stability and more time for lawmakers to master both issues and the arcane workings of the Legislature, and thus become more effective representatives.

3. California's Blanket Primary bit the dust this week when the U.S. Supreme Court struck down as unconstitutional the voter-approved initiative, Proposition 198, that created it. The Blanket Primary differs from an Open Primary (which 21 other states operate in various versions) in that voters are free to vote for any candidate in any party. An Open Primary allows voters to pick whatever party they want to support--up to an including on election day--but does not allow crossover votes for candidates in other parties once the choice of party has been made.

The Court, on a 7 - 2 vote, ruled that the Blanket Primary violated the First Amendment guarantee of free association "by forcing political parties to associate with those who do not share their beliefs."

Proposition 198 was one of the more contentious issues on the 1996 ballot, with proponents arguing for unlimited choice, reflecting one of the principal tenets of a democracy. Opponents, on the other hand, contended that a Blanket Primary would provide a playground for mischief, with members of opposing parties voting for lesser candidates in the Primary hoping to produce easier challengers for their party's candidate in the General Election.

This concern was reflected in the majority opinion written by Justice Antonin Scalia. As quoted in the Sacramento Bee, he wrote that ,"Proposition 198 forces political parties to associate with--to have their nominees, and hence their positions, determined by--those who, at best, have refused to affiliate with the party and, at worst, have expressly affiliated with a rival."

Justice John Paul Stevens wrote the minority opinion for himself and Justice Ruth Bader Ginsburg, in which he pointed to the increased voter turn-out generated as a result of the Blanket Primary. Again, as quoted in the Bee, Justice Stevens wrote, "In an era of dramatically declining voter participation, states should be free to experiment with reforms designed to make the democratic process more robust by involving the entire electorate."

Voter turnout in the March 1996 Primary Election (which included Proposition 198) set a record low, with only 40% voting (34.4% in Los Angeles County). (The previous record low was established in 1940, when 43.05% of the electorate turned out to vote in the presidential primary.) By contrast, voter turn-out in the March 2000 Primary Election was 53.24%, the highest percentage to cast votes since 1982, when 72.60% went to the polls.

The Supreme Court's decision effectively returns the state to its former Closed Primary, with voters limited to voting only for their party's candidates.

One small dent might be made in the Closed Primary for "decline-to-state" voters, however, if a bill amended by state Senator Steve Peace (D - El Cajon) goes anywhere. Senator Peace resurrected a long dormant bill he had authored which related to the California Primary, and amended it to allow "decline-to-state" voters to request the ballot of any of California's 7 major and minor political parties on election day.

However, even this small accommodation was met with mixed reactions. As reported in the Los Angeles Times, Governor Gray Davis indicated support of the Peace bill, as did former state Senator Art Torres, chairman of the California Democratic Party. However, Jon Fleischman, Executive Director of the California Republican Party, opposed the bill, stating that it "puts the cart before the horse. Party leaders, not state government, should determine who gets to help nominate a party's candidates."

4. The Governor is scheduled to sign the budget on time, despite receiving it late from the state Legislature. A report on how CSU and CSUN fared will be included in next week's Legislative Update. The Legislature will be on summer recess July 7 - August 6, and reconvene on August 7 to deal with unfinished business through August 31, when it will adjourn for the year.

* STATUS OF PREVIOUSLY INTRODUCED LEGISLATION *

[Note: Dates in parentheses refer to earlier issues of Updates containing detail on initial and substantially amended versions of bills]

AB 2409 (Migden) UC, CSU: Year-Round Programs

This bill requests the UC and requires the CSU to phase in year-round operations and provide the same level of course offerings and quality of instruction in all terms of the academic year, with first priority given to those campuses where the number of eligible applicants far exceeds the space available.

As amended in late May, implementation of the bill is subject to funding in the 2000-01 Budget Act. [3/10/00, 5/12/00, 6/2/00 Legislative Updates]

Status: PASSED [12 - 1] by the Senate Education Committee on June 28, and referred to the Senate Appropriations Committee on the same date. [Note: The sole dissenting vote was cast by Senator Dick Monteith (R - Modesto).]

AB 2497 (Romero) CSU: Labor Relations

This bill seeks to make the CSU subject to the Federal Fair Labor Standards Act. [3/10/00, 5/19/00 Legislative Updates]

[Note: The Federal Fair Labor Standards Act of 1938 (FLSA) regulates such matters as overtime compensation and defines a covered "public agency" to include the government or any agency of a state. The U.S. Supreme Court has held, however, that the Eleventh Amendment to the U.S. Constitution prevents bringing suit to enforce the FLSA against a nonconsenting state in federal court, and further, that Congress also lacks the power to subject nonconsenting states to private suits in state courts.

If AB 2497 is enacted, such suits would be permitted. However, the chances of this bill being approved in its present form aren't high. It's unlikely that the state would "consent" for one segment of one agency, to the exclusion of all of the other state agencies.]

Status: PASSED [4 - 2] by the Senate Industrial Relations Committee on June 28, and referred to the Senate Appropriations Committee on the same date. [Note: The vote was cast along partisan lines, with Democrats supporting and Republicans opposing the bill.]

AB 2565 (Zettel) Lottery: Postsecondary Education Technology Pooled Revenue Bond Fund

Existing law provides that 50% of the revenue from the state Lottery be returned to the public in the form of prizes, 34% be allocated for the benefit of public education, and 16% be set aside for the administration of the state Lottery itself.

Current law also authorizes the UC, the CSU, and the California Community Colleges to pledge up to the equivalent of 25% of the amount of monies allocated to each of these entities from the 1996-97 state Lottery Education Fund to repay bonds issued under the Archie-Hudson and Cunneen Postsecondary Education Technology Revenue Bond Act.

This bill would increase the percentage of lottery monies that may be pledged under this program from 25% to 50%. [3/10/00, 4/14/00, 4/27/00 Legislative Updates]

Status: PASSED [12 - 0] by the Senate Governmental Organization Committee on June 27, and referred to the Senate Appropriations Committee on the same date, with a recommendation that the bill be placed on the committee's Consent Calendar.

SB 1737 (Hayden) Postsecondary Education: Service Learning Opportunities

As originally introduced, this bill sought to establish a community service learning center in state government, with an accompanying grant program to fund centers on campuses of the CSU.

This bill was substantially amended on June 29 to delete all references to service learning and to the CSU. The bill now pertains only to the University of California, requiring the system "to assemble a colloquium of scholars to draft a research proposal to analyze the economic benefits of slavery that accrued to owners and the businesses, including insurance companies and their subsidiaries, that received those benefits."

The bill would require the State Library to participate in this effort, if its resources allow. Finally, the bill requests the UC to make recom mendations to the Legislature regarding the colloquium's findings by January 1, 2002. [3/3/00, 4/14/00, 5/19/00, 6/2/00 Legislative Updates]

[Note: Senator Hayden will not be in the Legislature to review this report, since term limits force him from the Senate at the end of this year.]

Status: In its newly amended form, the bill is scheduled to be heard on July 5 in the Assembly Committee on Higher Education.

SB 2047 (Polanco) Civil Rights: Outreach

This bill would make a legislative finding that the prohibition on preferential treatment on the basis of race or sex in public employment, public education, and public contracting, does not prevent governmental agencies from engaging in public sector outreach programs that may include focused outreach and recruitment of minority groups and women if any group is underrepresented in entry level positions or in an educational institution. [3/3/00, 4/27/00, 6/9/00 Legislative Updates]

Status: PASSED [9 - 2] by the Assembly Judiciary Committee on June 27, and referred to the Assembly Appropriations Committee on the same date. [Note: The two dissenting votes were cast by Assembly Members George House (R - Fresno), and Tom McClintock (R - Northridge).]

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LEGISLATIVE UPDATE

June 23, 2000

CAPITOL NEWS

1. The Assembly finally passed the state Budget last night, seven days past the Constitutional deadline. The Governor has signalled that he will use his blue pencil liberally. As soon as the Budget is approved, the CSU will send out a list of systemwide and campus-specific items funded.

2. An initiative permitting school vouchers in California qualified this week for placement on the November 7 General Election ballot. The official title of the initiative will be "School Vouchers: State-Funded Private and Religious Education; Public School Funding." The proposed voucher program would authorize annual state payments of at least $4,000 per pupil (about half of the current cost to educate a public school child) to parents who choose to send their children to qualifying private (including religious) schools.

Silicon Valley venture capitalist, Tim Draper, is expected to bankroll the campaign for the initiative, which some observers conjecture could cost over $40 million. The California Teachers Association (CTA), which raised $23 million to defeat a similar initiative in 1993, is expected to be a major opponent again. Two major business lobbying organizations--the California Business Roundtable and Silicon Valley's TechNet--have also already come out in opposition to the initiative. In addition, Governor Gray Davis has declared his vigorous opposition, pledging he would film commercials and write op/ed pieces against the measure.

At a rally held this week on the Capital lawn, the Governor stated in part, "I cannot say too strongly how opposed I am to this risky proposition, which I believe will erode the quality of public schools, eliminate accountability and create chaos."

Tim Draper, on the other hand, as reported in the Los Angeles Times, said he personally told CTA leaders that "Once a parent can move from school to school, we'll have real accountability. The thing in their [CTA's] best interest is to keep the existing [education] system, and that's not the best thing for kids."

A Times poll of California 1,179 voters earlier this month showed that among all voters, 51% favored a school voucher program, while 41% opposed it. When viewed by party, Republicans supported it 65% to 26%. Democrats opposed it 53% to 40%.

3. In a joint press conference held with Governor Gray Davis this week, former Governor Pete Wilson announced his support for the "son of Prop. 26" initiative, a measure which would change the voter approval requirement for local bond acts from two/thirds to 55%. The initiative, to be referred to on the ballot as the "School Improvement and Accountability Act" is expected to qualify for the November 7 ballot within the week.

At the press conference, Governor Davis announced his appointment of Wilson as the honorary chair of the campaign for the initiative, observing that "[Although] we don't agree on everything, we see eye to eye on this."

In addition to lowering the voter approval threshold, the initiative also includes a number of accountability conditions: Proposed bond acts must include a list of construction projects to be funded; districts would be forbidden to use any of the bond revenue for salaries; and districts would be subject to audits, conducted to ensure that the projects are within the budget and timelines stipulated.

4. If the Census Bureau's projections hold true, California's population growth could result in the addition of nine Congressional districts over the next 20 years. The state's current Congressional delegation numbers 52. Because the number of members in the House of Representatives is capped at 435 by law, any seats gained in California would result in reductions in other states.

A recent report released by the Washington-based Population Reference Bureau, projects that lost seats will concentrate largely in the Northeast and Midwest, while seats gained will go to the South and West. New York, according to the report, is projected to lose 5 seats, shrinking that state's delegation from 31 to 26. Other projections: States gaining seats include Texas (5), Florida (3), Georgia and Arizona (2 each), and Montana (1). States losing seats include Pennsylvania (4), Michigan and Ohio (3 each) and Illinois (2).

The Census Bureau is scheduled to issue the results of its nationwide survey by December 31, 2000, and reapportionment will take place soon after.

5. Two separate polls on the Bush/Gore race reveal good and bad news for both candidates. As reported in CalPeek, a Los Angeles Times poll (of 1,686 registered voters nationwide, taken June 8 - 13), shows Texas Governor George W. Bush leading Vice President Al Gore 50% to 40%.

A June 9 - 18 Field Poll (of 642 California registered voters considered most likely to vote) shows Gore leading Bush 46% to 35%. Similar results were reported by a private GOP survey taken by Public Opinion Strategies (of 800 likely California voters). The June 14 - 18 survey showed Gore leading Bush 41% to 38%.

* STATUS OF PREVIOUSLY INTRODUCED LEGISLATION *

[Note: Dates in parentheses refer to earlier issues of Updates containing detail on initial and substantially amended versions of bills]

AB 632 (Romero) Emergency Permit Teachers: Exemption from Nonresident Tuition
TRUSTEE BILL

CalState TEACH is an alternative learning program within the CSU system aimed at the thousands of emergency permit elementary teachers currently teaching in California schools. Using the latest technology, including the Internet, video, audio, and print materials, CalState TEACH will deliver high quality teacher education directly to these intern teachers, enabling them to become fully credentialed in just 18 months.

Existing law already exempts students holding a valid teaching credential from paying non-resident tuition at CSU campuses under certain circumstances. AB 632 would add an additional exemption for holders of an emergency permit--the group targeted by the CalState TEACH program--who are employed in a school district.

The bill was amended on May 3 to add an Urgency Clause, meaning it would take effect upon the Governor's signature, rather than on January 1, 2001. [3/3/00 Legislative Update]

Status: PASSED [12 - 0] by the Senate Educ. Committee, June 14, and referred to the Senate Approp. Committee on the same date.

AB 1850 (Correa) Public Higher Education: Education Benefits

Existing law prohibits the UC and the CSU from requiring or collecting fees or tuition from any surviving children of public safety officers (including law enforcement officers and fire fighters), who were killed in the performance of their duties.

This bill seeks to extend this fee/tuition exemption to the surviving spouse of such a deceased public safety officer, including those officers performing services under contract for a public agency. [2/11/00, 4/7/00, 5/12/00 Legislative Updates]

Status: APPROVED by the Governor on June 19, and Chaptered by the Secretary of State on June 21. [Chapter # 00-40]

AB 1857 (Romero) CSU: Student Organizations

This bill, which is sponsored by the California State Student Association, would establish the Gloria Romero Open Meetings Act of 2000. It would modify open meeting requirements for student body organizations to include greater flexibility and protection. It covers several issues identified as problems resulting from existing open meeting laws, including the inability to conduct a meeting by teleconference and the lack of a provision to protect the rights of the public and students to address a governing board.

As amended on June 7, the bill creates a new misdemeanor crime applicable to any member of the [student] legislative body who attends a meeting of that body where (1) an action is taken in violation of any provision of the bill, and (2) the individual knows the meeting is in violation of a provision of the bill. [2/11/00, 4/27/00, 5/19/00 Leg. Updates]

Status: PASSED [11 - 1] by the Senate Education Committee on June 14, and referred to the Senate Appropriations Committee on the same date. [Note: The sole dissenting vote was cast by Senator Joseph Dunn (D - Santa Ana).]

AB 1918 (Romero) Community Colleges: Transfer of Course Credits

This bill would enact the Access to Transfer Information for Community College Students Act. More than just a change of semantics, the bill, as amended on April 24, acknowledges the progress made by the UC and the CSU, in particular, in providing community college students with the information they need to transfer successfully to one of the four-year campuses of the two systems.

Rather than mandating "universal articulation agreements," the bill now directs community college campuses to provide students with copies of the transfer core curriculum--i.e., the lower-division, general education transfer curriculum that is fully articulated between the three systems of public higher education. The bill also directs that this information be included in the published class schedule of each community college. [2/18/00, 4/27/00, 5/19/00 Legislative Updates]

Status: PASSED [14 - 0] by the Senate Education Committee and referred to the Senate Appropriations Committee on the same date.

AB 2384 (Committee on Higher Ed) CSU: Omnibus Legislation TRUSTEE BILL

This bill includes several important provisions for the CSU, including, among other things, authorization for auxiliary organization boards to meet in closed session to protect donor confidentiality. The bill also streamlines and centralizes the CSU's procurement authority. [3/3/00, 4/27/00, 5/12/00 Legislative Updates]

Status: PASSED [14 - 0] by the Senate Education Committee on June 21 and referred to the Senate Appropriations Committee on the same date.

SB 1547 (Costa) CSU: Real Property Transactions TRUSTEE BILL

This bill authorizes the CSU to sell, exchange, or otherwise dispose of real property (except in certain prescribed circumstances involving property received as a gift). The bill provides that the money received from these transactions would be appropriated to the Trustees for the acquisition or improvement of property for the particular state university campus affected by the transaction.

An April 25 amendment added a January 1, 2006 sunset clause to the bill. The bill contains an Urgency Clause, meaning that the bill will take effect upon the Governor's signature, rather than on January 1, 2001. [2/18/00, 4/27/00, 6/2/00 Legislative Updates]

[Note: Under current law, the CSU is authorized to sell any property if it was received as a gift, bequest or donation, or acquired with private funds. In the case of property purchased with state funds, legislative authority is required to make the sale and retain the proceeds.

Several campuses have wanted to exchange or sell parcels of land, retaining the proceeds in the latter instance to apply to campus-specific needs. The Education Code is replete with special provisions governing the disposal of university property. The process for obtaining legislative authorization to sell or exchange property on a case-by-case basis is tedious and time-consuming, and can hinder proactive asset management and long-term capital planning.

SB 1547 would provide the CSU with statutory authority to dispose of real property systemwide without legislative approval, and to deposit the proceeds in local trust funds for campus-specific needs.]

Status: PASSED [12 - 0] by the Assembly Higher Education Committee on June 20, and referred to the Assembly Appropriations Committee, where it was placed on the Consent Calendar, on the same date.

SB 1604 (O'Connell) CSU: Board of Trustees

This bill seeks to increase the membership of the CSU Board of Trustees by requiring the Governor to appoint a non-faculty employee of the university for a 2-year term.

The bill specifies that the non-faculty employee member of the Board appointed by the Governor shall not participate on any subcommittee of the board that is responsible for collective bargaining negotiations. [2/25/00, 4/7/00, 5/19/00 Legislative Updates]

[Note: Currently the Board of Trustees comprises 5 ex-officio members (Governor, Lt. Governor, Assembly Speaker, the Superintendent of Public Instruction, and the CSU Chancellor); 16 members appointed by the Governor, subject to confirmation by the state Senate; one representative of the alumni associations, selected by the statewide Alumni Council; 2 student members appointed by the Governor, and one faculty member appointed by the Governor. The addition of the non-faculty employee would bring the grand total to 26 members.]

Status: PASSED [9 - 3] by the Assembly Higher Education Committee on June 20, and referred to the Assembly Appropriations Committee on the same date. [Note: The 3 dissenting votes were cast by Assembly Members Charlene Zettel (R - San Diego), Steve Baldwin (R - El Cajon), and Bruce Thompson (R - Riverside).]

SB 1721 (Hayden) CSU: Central American Studies Center

Thisbill authorizes the CSU to establish a Central American Studies Center at California State University, Northridge. As most recently amended, the bill stated legislative intent to provide one year of start-up costs.

The bill was subsequently amended to provide that the Institute be established "with nonpublic funds or with other funds that California State University, Northridge, is authorized to expend for, and makes available for, this purpose." However, the state Budget, as passed by the state Assembly, contains an appropriation of $300,000 for the Center.

The bill contains a sunset clause, which repeals the provisions of the bill on January 1, 2010. [3/3/00, 4/14/00, 5/12/00, 6/2/00 Legislative Updates]

Status: PASSED [10 - 1] by the Assembly Higher Education Committee on June 20. [Note: The sole dissenting vote was cast by Assembly Member Steve Baldwin (R - El Cajon).]

SB 1779 (Johnston) CSU: Consolidated Campus Enterprise Debt Program TRUSTEE BILL

This bill would permit revenues of projects funded by bonds issued pursuant to the State University Revenue Bond Act of 1947 to be shared with other self supporting revenue funded projects (e.g.: student unions, parking, housing).[3/3/00, 5/12/00, 6/2/00 Legislative Updates]

Status: PASSED [10 - 0] by the Assembly Higher Education Committee on June 20, and referred to the Assembly Appropriations Committee on the same date.

[Note: This proposal would combine the campus self-supported enterprise programs--student unions, parking, student housing--into a single new debt program. Combining the individual debt programs into a campus-based blended debt program would increase debt capacity, reduce future borrowing costs, and promote more flexible financing based on campus priority decisions.

The consolidated debt proposal would not permit one program to use the fee revenue collected from another. University Student Union fee revenue, for example, still must be used for USU programs.]

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LEGISLATIVE UPDATE

June 9, 2000

CAPITOL NEWS

1. FEMA's proposed rule requiring public entities to insure public buildings against natural disasters received an uppercut to the jaw last week. According to this week's Capitol Hill Bulletin, the Budget Subcommittee working on the FY 2001 Veterans Administration/HUD Appropriations bill included strong admonishing words in the report language:

"The Committee remains concerned that requiring insurance as a condition of receiving public assistance exceeds FEMA's statutory authority, discourages attempts to mitigate damage before it occurs, assumes a fundamental misunderstanding of the insurance market, and merely shifts the costs of disasters from the federal government to states, municipalities, and private non-profit hospitals and universities.
The Committee reminds FEMA that denying disaster assistance to underinsured or uninsured entities that suffer catastrophic losses as a result of a disaster could result in significant consequential losses of public services, medical care, and education. Furthermore, the Committee is concerned that FEMA has not conducted a thorough cost-benefit analysis or conducted extensive outreach with potentially affected entities."

As reported in earlier Legislative Updates, the California Congressional Delegation has been vigilant and relentless in opposing the FEMA-proposed regulation. Governor Davis, a number of Mayors (including Los Angeles' Richard Riordan), county boards, and associations such as the California League of Cities, as well as the University of California and The California State University, have all provided oral or written comments opposing the rule. (The deadline for submitting comments was April 10.)

In late March, the General Accounting Office mandated FEMA to conduct a detailed cost-benefit analysis of its proposed rule, including an evaluation of alternative proposals, and an explanation of why the chosen proposal is preferable. That study is still in process.

2. There was little committee activity on bills this week, with most of the energy and attention being focused on the Budget Conference Committee's deliberations over the hundreds of requests for pieces of the near $13 billion state surplus. Conferees, no doubt feeling as though besieged by red fire ants, took three actions of interest to CSUN:

. Rejected Senator Tom Hayden's request for $300,000 for the Central American Studies Research Institute (which his bill, SB 1721, sites at CSUN);

. Rejected Senator Hayden's language requiring the CSU to spend the $2.2 million earmarked in the Governor's Budget for Community Service Learning programs at CSU campuses, in accordance with his SB 1737.

. Placed the African-American Studies Institute (which former California Lt. Governor and former Congressman, Mervyn Dymally, has requested to located at CSUN) on the "District List."

In dealing with Members' requests, the conferees divided the requests into two categories: those having statewide implication or benefit (high priority), and those having more of a district-specific interest (to be decided later).

A request for funds to conduct the feasibility study for the Crescent City off-campus center [See SCR 82 below] was also placed on the "District List." The CSU has indicated that it and not the California Postsecondary Education Commission (CPEC) should perform this study. Senator Chesbro, who authored SCR 82 (and whose district includes the proposed center) agreed to amend his resolution to reflect this change. Once that has been accomplished, the Budget conferees will consider moving the $40,000 cost of the study to the CSU's budget.

The Constitutional deadline by which the Legislature must pass the Budget is June 15. Assembly Speaker Robert Hertzberg has vowed not only to meet the deadline, but to produce a Budget having bipartisan agreement.

When this miracle package reaches the Governor, he will have until June 30 to make his line-item vetoes and sign the Budget into law.

* STATUS OF PREVIOUSLY INTRODUCED LEGISLATION *

[Note: Dates in parentheses refer to earlier issues of Updates containing detail on initial and substantially amended versions of bills]

AB 1747 (Kaloogian) Public Schools: Patriotic Exercises

Existing law requires that appropriate patriotic exercises be conducted in every K-12 public school each day, and provides that reciting the Pledge of Allegiance to the Flag of the United States of America satisfies this requirement.

As initially written, this bill sought to add to the requirement daily recitation of the following excerpt from the Declaration of Independence:

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed...." [Note: The remainder of the sentence is not included in the requirement.]

As amended on April 26, the mandate for reciting both was deleted and replaced with language indicating that recitation of this passage from the Declaration of Independence "would also satisfy the state requirement." A second amendment removed provision for money, if needed to implement the bill.

The bill was further amended on May 23 to provide that if the option of a recitation of the above excerpt is selected to fulfill the state requirement, the school district must "provide a discussion of the social contract established in the Declaration of Independence," and the discussion must "address, but is not limited to, questions such as whether all 'men' includes all people." [1/14/00, 4/14/00 Legislative Updates]

Status: PASSED [75 - 0] on the Assembly Consent Calendar, May 26, and referred to the Senate on the same day. The bill was referred to the Senate Education Committee on June 6, but no hearing date has been established yet.

SB 2047 (Polanco) Civil Rights: Outreach

Status: PASSED [9 - 3] by the Senate Appropriations Committee on May 15, and PASSED [27 - 7] by the full Senate on May 31. [The vote was essentially partisan, with Democrats supporting and Republicans opposing. Two Republicans did vote with the majority: Cathie Wright (R - Simi Valley, whose district includes CSUN) and Bruce McPherson (R - Santa Cruz).]

SCA 20 (Perata) Legislature: Term Limits: Budget Bill

As initially written, this Senate Constitutional Amendment addressed two unrelated issues, term limits for legislators and penalties for not passing the state Budget on time.

With respect to term limits, the measure would have changed current law to allow for 3 consecutive terms for state senators and 6 consecutive terms for state assembly members, for a total of 12 years for both.

Regarding the state Budget, the measure would have required forfeiture of the salaries of all members of the Legislature if the Budget Bill was not passed by the Constitutional deadline (midnight on June 30). The measure also precluded paying salaries retroactively.

As amended on May 18, all of the provisions relating to the Budget were deleted. The provisions relating to term limits were amended to delete the word "consecutive" wherever it appears. [5/12/00 Legislative Update]

Status: PASSED [5 - 1] by the Senate Committee on Constitutional Amendments on May 24.

SCR 82 (Chesbro) CSU: Off-Campus Center in Crescent City

This Senate Concurrent Resolution would request the CSU Board of Trustees to consider establishing in Crescent City a permanent, state supported off-campus center of Humboldt State University, the purpose of which would be to continue to offer education programs at the upper division and graduate levels.

The Resolution specifies the development of a master plan for the center which would include use of open space and physical facilities, including those located at the College of the Redwoods, a community college in the area. [5/12/00 Legislative Update]

Status: ADOPTED [12 - 0] by the Senate Education Committee onJune 7, and referred to the Senate Appropriations Committee on the same date.

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LEGISLATIVE UPDATE

June 2, 2000

CAPITOL NEWS

1. With City Council Member Jackie Goldberg on her way to the state Assembly (representing the 45th District), her soon-to-be-vacant 13th Council District seat is attracting some interesting candidates. Mike Woo, a former city council member who represented that district, Assembly Member Scott Wildman, who lost his Senate Primary race, Eric Garcetti (DA Gil Garcetti's son), and Jackie Goldberg's brother, Art, have all announced they will file for the seat.

2. Governor appoints second student member to the CSU Board of Trustees. Last year, Assembly Member Gloria Romero (D - East Los Angeles) introduced a bill to increase the number of students serving on the Board to two. Her bill, which was passed by the Legislature and approved by the Governor, provided that the two-year terms be staggered, and that during the first year of the student member's term, the student would be authorized to fully participate in discussion and debate at the Board meetings, but not authorized to vote. The student would be allowed to vote in his/her second year.

On May 25, Governor Davis appointed Daniel N. Cartwright as the second (non-voting) student Trustee. Mr. Cartwright is a junior at California State University, Stanislaus, majoring in social science and criminal justice. His background includes service as President of the Associated Students, and two positions with the University Student Union: Vice President and Student Director. Cartwright, 24, is a member of the Association of College Unions International and the Student Leadership program at the Stanislaus campus.

The student Trustee positions do not require Senate confirmation.

3. Laurence K. Gould, Jr., and Dee Dee Myers were elected Chair and Vice-Chair, respectively, of the CSU Board of Trustees, at the Board's May 9 - 10 meeting. Mr. Gould has visited CSUN many times, served on and chaired the campus' Presidential Search Committee, and has faithfully attended most of the University's 8 commencements each year since he was appointed by former Governor Wilson in 1997. Mr. Gould is an attorney and resides in Pasadena.

Former Clinton press secretary Dee Dee Myers was Governor Davis' first appointee to the CSU Board of Trustees, in 1999. Ms. Myers is a popular public speaker and also serves as a consultant to the producers of "West Wing," the NBC hit TV show about politics in the White House. She resides in West Los Angeles.

4. CSUN receives grant. The U. S. Department of Defense announced in a press release this week that it had awarded a total of $5.39 million in grants to 31 colleges and universities to increase the participation of minority institutions in defense research and to increase the number of minority graduates in the fields of science, engineering, and mathematics. Included among the grant awardees were three CSU campuses, Bakersfield, Los Angeles--and Northridge.

Grants were awarded either for research or for equipment, with the latter ranging from $35,000 to $200,000 for one year. All three CSU campus awards were for equipment, with CSUN receiving $189,438, the full amount it had requested, and one of the highest given. CSUN's grant proposal was submitted by Professor Matthew Penn, from the Department of Physics and Astronomy, in conjunction with his proposal entitled, "An Infrared Camera System for Solar Physics Research and Student Education." CSUN's award was provided specifically by the Air Force Office of Scientific Research.

In the period covering April 1999 - March 2000, the University has received over a million dollars in grants, primarily from NASA, NSF and NIH, to further research and education in the areas of science and engineering. In previous Legislative Updates, the lack of U.S. workers in high technology fields, leading to reliance on hiring foreign workers and the problems associated with H-1B visas, has been expressed many times. These grant awards assist in addressing the more fundamental problem of producing U.S. workers in these critical fields.

5. Proponents of "Son of Prop. 26," the initiative which seeks to change the voter approval requirement for local school bonds from 2/3 to 55%, have submitted over 1 million signatures to the Office of the Secretary of State for verification. The measure needs 670,816 verified signatures in order to qualify for the November 7 ballot.

Last March 7, voters rejected Prop. 26, which sought to change the requirement from a 2/3 to a majority vote.

* STATUS OF PREVIOUSLY INTRODUCED LEGISLATION *

[Note: Dates in parentheses refer to earlier issues of Updates containing detail on initial and substantially amended versions of bills]

AB 1773 (Romero) Intellectual Property: Ownership

This CFA-sponsored bill seeks to protect the lectures and other forms of instruction of faculty members at campuses of the UC, the CSU, and the California Community Colleges from unauthorized use.

As most recently amended on May 30, the bill would prohibit any business, agency, or person from preparing, causing to be prepared, giving, selling, transferring, or otherwise distributing or publishing any contemporaneous recording of an academic presentation of an instructor employed by the UC, the CSU or the California Community Colleges.

The prohibition includes tape recordings and handwritten or typewritten class notes.

Also, as currently written, the bill establishes civil penalties for anyone who seeks to obtain financial or economic gain from the unauthorized dissemination of the academic presentation.

The bill retains the provision that protects the rights of disabled students under the law. [1/21/00, 5/19/00 Legislative Updates]

Status: PASSED [51 - 22] by the Assembly on June 1, and referred to the Senate on the same date. [Note: The vote was cast along partisan lines, with Democrats supporting and Republicans opposing the bill.]

AB 1861 (Runner) UC, CSU, CCC: Transferability of Courses

This bill would request the UC, and require the CSU and the California Community Colleges, to develop a standardized system of eligibility for transferring courses. Under this system, credits from equivalent courses that are eligible for transfer would be uniformly transferable, irrespective of the community college campus where the credits are earned.

The bill requires that this system be in place no later than June 30, 2001.

As amended on May 3, the bill now also seeks to require the UC, the CSU, and the California Community Colleges to jointly develop, maintain, and disseminate a common lower division undergraduate curriculum by January 1, 2007. [2/11/00, 5/19/00 Legislative Updates]

Status: PASSED [21 - 0] by the Assembly Appropriations Committee on May 24, and PASSED [77 - 0] by the Assembly on May 30.

AB 1935 (Wildman) CSU: Labor Relations

This bill would include all foundations, extension operations, or other organizational entities controlled by the CSU Board of Trustees among the defined employers who must collectively bargain with employees under the Higher Education Employer-Employee Relations Act.

The bill specifically excludes student body organizations. As amended on May 3, the bill also now excludes any auxiliary employees who are responsible for (1) fundraising; (2) operational management of the foundations, extensions, or other organizational entities; or (3) who are employed in a unit established for a limited duration, such as grant employees. [2/25/00, 5/12/00 Legislative Updates]

Status: PASSED [14 - 7] by the Assembly Appropriations Committee on May 24, and PASSED [48 - 30] by the Assembly on May 30. [Note: In both cases, the vote was cast along partisan lines, with Democrats supporting and Republicans opposing the bill.]

AB 2345 (Ducheny) Sales and Use Taxes: Books

As amended on March 29, this bill seeks to exempt from the Sales and Use Tax Law the gross receipts from the sale in this state of any textbook purchased by a K-12 public school or school district, specified books purchased by a K-12 public school student, and certain test materials purchased by the state or a K-12 school or school district. (As initially written, the exemption was for "any book purchased by any K-12 public school, school district, student, or teacher.") [3/10/00 Legislative Update]

Status: PASSED [7 - 0] by the Assembly Revenue and Taxation Committee on May 8, and referred to the Assembly Appropriations Committee on the same date.

AB 2409 (Migden) UC, CSU: Year-Round Programs

A May 26 amendment makes implementation of the bill subject to funding in the 2000-01 Budget Act. [3/10/00, 5/12/00 Legislative Updates]

Status: PASSED [21 - 0] by the Assembly Appropriations Committee on May 24, and PASSED [76 - 1] by the full Assembly on May 31. [Note: The dissenting vote was cast by Assembly Member Tom McClintock (R - Northridge).]

SB 1450 (McPherson) UC, CSU: Summer Session Student Fees

As initially written, this bill sought to reduce student fees by 50% at UC and CSU campuses, and provide for a $412,320,000 appropriation to backfill the revenue lost as a result of this reduction.

As amended on May 4 and 9, those provisions were deleted, and the bill now provides a $12 million appropriation to each UC and CSU institution to allow the reduction of summer student fees for existing summer enrollments.

The bill contains an Urgency Clause, which means it will take effect upon the Governor's signature, rather than on January 1, 2001. [2/11/00, 5/12/00 Legislative Updates]

[Note: As now written, this bill implements a recommendation made by the Legislative Analyst, in an effort to provide positive incentives for campuses to fully utilize facilities in the summer. The recommendation dovetails with the Legislature's desire to move toward year-round operations, which the CSU supports.]

Status: PASSED [13 - 0] by the Senate Appropriations Committee on May 25, and PASSED [38 - 0] by the full Senate on May 30.

SB 1547 (Costa) CSU: Real Property Transactions TRUSTEE BILL

An April 25 amendment added a January 1, 2006 sunset clause to the bill. The bill was further amended on May 31 to add an Urgency Clause, meaning that the bill would take effect upon the Governor's signature, rather than on January 1, 2001. [2/18/00, 4/27/00 Legislative Updates]

Status: PASSED [13 - 0] by the Senate Appropriations Committee on May 25, and PASSED [37 - 1] by the full Senate on June 1. [The sole dissenting vote was cast by Senator Cathie Wright (R - Simi Valley.)]

SB 1721 (Hayden) CSU: Central American Studies Center

This bill authorizes the CSU to establish a Central American Studies Center at California State University, Northridge. As most recently amended, the bill stated legislative intent to provide one year of start-up costs.

As amended on May 30, the bill provides instead that the Institute be established "with nonpublic funds or with other funds that California State University, Northridge, is authorized to expend for, and makes available for, this purpose." As also amended on May 30, the bill adds a sunset clause, which repeals the provisions of this bill on January 1, 2010. [3/3/00, 4/14/00, 5/12/00 Legislative Updates]

Status: PASSED [12 - 1] by the Senate Appropriations Committee on May 30. [Note: The dissenting vote was cast by Senator Richard Mountjoy (R - Monrovia).]

PASSED [24 - 4] by the full Senate on May 31, and referred to the Assembly on the same date. [Note: The 4 opposing votes were cast by Senators David Kelley (R - Idyllwild), Pete Knight (R - Lancaster), Tim Leslie (R- Tahoe City), and Cathie Wright (R - Simi Valley).]

SB 1723 (Chesbro) CSU: Building and Operating Fees for Student Body Centers

Existing law authorizes the imposition, upon the favorable vote of 2/3 of the students at a campus, of a building and operating fee for financing, operating, and constructing a student body center. Existing law specifies that this fee may not exceed the amount of $40 per student per academic year.

This bill would increase the maximum amount of this fee to $125. [3/3/00, 5/12/00 Legislative Updates]

Status: PASSED [9 - 2] by the Senate Appropriations Committee on May 15. [Note: The 2 opposing votes were cast by Senators Ross Johnson (R - Irvine) and Richard Mountjoy (R - Monrovia).]

PASSED [24 - 11] by the full Senate on May 25, and referred to the Assembly on the same date. The bill was sent to the Assembly Higher Education Committee on May 31 and is awaiting a hearing date. [The vote was cast essentially along partisan lines, with Democrats supporting and Republicans opposing the bill. Republican Senator Cathie Wright, whose district includes CSUN, voted in favor of the bill.]

SB 1737 (Hayden) Postsecondary Education: Service Learning Opportunities

As initially written, this bill sought to establish a Statewide Service Learning and Community Service Center for administering a grants program to establish service learning and community service centers on the campuses of individual public and private colleges and universities.

As amended on May 30, the Community Service Center would be established only on the campuses of the California State University. References to the University of California, the California Community Colleges and private institutions were deleted.

Other significant amendments include a statement of legislative intent to provide funding in CSU's annual budget to encourage campuses to establish and expand service learning programs; a requirement of CSU to support campus efforts to make service learning a graduation requirement, and another requirement to submit an annual report to the Legislature on progress being made to achieve these ends.

The bill would also establish a Service Learning and Community Service Grant Program, under which funds would be allocated on a competitive basis to individual campus service learning and community service programs that raise 20% in matching funds. (The remaining 80% would come from state funds.)

Finally, the bill would require the California Postsecondary Education Commission (CPEC) to be responsible for selecting and monitoring an entity to administer both the grant program and the Statewide Service Learning and Community Service Center. [3/3/00, 4/14/00, 5/19/00 Legislative Updates]

[Note: In a separate action, Senator Hayden has requested a $1 million appropriation in the 2000-01 budget to implement the bill's provisions. The Governor's proposed budget already includes $2.2 million for service learning on CSU campuses, but without the conditions that SB 1737 would impose.]

Status: PASSED [7 - 5] by the Senate Appropriations Committee on May 25, and PASSED [26-11] by the Senate on May 31. [Note: In both cases, the vote was cast essentially on partisan lines, with Democrats supporting and Republicans opposing the bill.] The bill has been referred to the Assembly, where it is awaiting assignment to the appropriate committee.

SB 1779 (Johnston) CSU: Consolidated Campus Enterprise Debt Program TRUSTEE BILL

Status: PASSED [39 - 0] by the Senate on May 24, and referred to the Assembly on the same date. The bill is currently awaiting a hearing date in the Assembly Higher Education Committee.

The consolidated debt proposal would not permit one program to use the fee revenue collected from another. University Student Union fee revenue, for example, still must be used for USU programs.]

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LEGISLATIVE UPDATE

May 19, 2000

CAPITOL NEWS

1. CSU Trustees break precedent by endorsing a measure proposed for the November 7, 2000 ballot. At its May 9-10 meeting, the Board of Trustees voted to adopt a formal position to support the "Smaller Classes, Safer Schools and Financial Accountability Act," an initiative that seeks to change the voter approval requirement for local bond acts from 2/3 to 55%. Also referred to as "Son of Prop. 26," the initiative is still circulating for signatures--670,816 must be verified by September 11 in order to qualify for the November 7 ballot.

It is a rare occasion when the Trustees take formal positions on any ballot measure--including facilities bond acts. More characteristically, they would vote to support an "informational campaign" on an issue of importance to public higher education.

The Trustees have never taken a position on a proposed ballot measure that has yet to be certified and approved by the Attorney General and Secretary of State, respectively.

There is a website for supporters of the proposed initiative: http://www.betterschoolsforca.org
As of this date, there is no website for the opposing side.

2. May Revise. Governor Davis submitted his revised Budget to the Legislature on Monday, based on the $12.319 billion surplus forecast by the Department of Finance in its "May Revision" of the state's finances after three quarters of expenditures and revenue. The following augmentations were proposed:

Education: $3.992 billion Environment: $375 million

Transportation: $1.940 billion Public safety: $256 million

Tax relief: $1.910 billion Local Government: $250 million

Health care: $947 million E-Government: $10 million

Higher Education: $520 million Prudent reserve: $530 million

Housing: $500 million Mandated costs and other: $1.089 billion

The significant increases for the California State University system include the following:

. "$40 million in the General Fund to accelerate the completion of the Integrated Technology Strategy-Technology Infrastructure Initiative at various campuses throughout the CSU system. [Note: As a result of this augmentation, CSU is pursuing with the budget conference committees an additional $36 million for related equipment.]
. $11.3 million, on a one-time basis, and continuation of $1.7 million on a permanent basis, to enable the CSU to develop the CSU Stanislaus Multi-Campus Regional Center at the site of the former Stockton Developmental Center.
. $10 million to fund core needs for the CSU Channel Islands campus.
. $2.2 million to develop service learning courses and create service learning offices at each CSU campus. This funding will allow the CSU to increase participation in service learning courses, over four years, to approximately 15 percent of the study body, from the current 8 percent. In addition, the service learning offices will develop and coordinate community service placements for CSU students.
. $18.9 million to provide an increase for CSU system-wide priorities."

3. Assembly Member Tony Cardenas (D - Northeast San Fernando Valley) was named Chair of the Assembly Budget Committee by Assembly Speaker Bob Hertzberg, effective with the start of the next Legislative Session on January 1, 2001. Current Chair, Denise Ducheny (D - San Diego) is termed out of office at the end of this year.

Cardenas has been a member of the Budget Committee since he was elected to office in 1996, serving as chair of its Subcommittee #5 on Information Technology/Transportation (1997-1998), and for the past two years as a member of its Subcommittee #3 on Resources.

Cardenas also served for two years on the Assembly Appropriations Committee (1997-1998), making him the only freshman legislator to serve simultaneously on both Budget and Appropriations. He also serves as Chair of the Assembly's Democratic Caucus.

A former engineer for Hewlett Packard, Cardenas earned his BS in electronic engineering from UC, Santa Barbara. At the time of his election to the state Assembly, he headed his own real estate firm in Pacoima.

With Cardenas' appointment, the Valley now has two very powerful voices in Sacramento.

4. Update on H-1B Visas. The House Judiciary Committee approved H.R. 4227 by a vote of 18 to 11 this week. That bill, as amended, seeks to eliminate the cap on the number of H-1B visas for skilled foreign high tech workers.

The current level allowed is 115,000, which is scheduled to drop to 107,500 next year, and then to 65,000 in 2002--the original level that was increased by federal legislation two years ago to meet the demand of U.S. information high technology companies and of U.S. universities. Despite the significant increase in the number of these visas, it has never been sufficient to match the need. It was recently reported by the Information Technology Association of American that 1.6 million employees are needed to fill jobs in such areas as systems analysis and programming, database development, network design, tech writing, and digital media--and to a lesser extent, accounting and auditing. The Association reports that 843,328--about 53%--of these jobs will remain unfilled.

H.R. 4227 also includes provisions to protect U.S. workers, although several were diluted by amendment. Initially the bill required an employer to show a net increase in U.S. workers over the preceding year and demonstrate that the average wage paid to U.S. workers had increased. As amended, the first requirement has been eliminated. Other amendments eliminated the English proficiency requirement for foreign workers, the verification of a visa applicant's education, and placing the applicant's name on the Internet.

Simultaneously with the House Judiciary Committee's action, the House Education and Workforce Committee passed H.R. 4402, a bill that establishes incentives to encourage math and science teaching in U.S. schools.

Another related bill pending in the House is H.R. 3983, authored by California Reps. David Dreier (San Dimas) and Zoe Lofgren (San Jose), which seeks to raise the application fee paid by employers for the H-1B visas, the revenue from which would support both education and training initiatives to increase the pool of U.S. workers.

It is likely that all of these bills will merge into one bill before being voted upon by the full House.

* STATUS OF PREVIOUSLY INTRODUCED LEGISLATION *

[Note: Dates in parentheses refer to earlier issues of Updates containing detail on initial and substantially amended versions of bills]

AB 1773 (Romero) Intellectual Property: Ownership

This CFA-sponsored bill seeks to protect the lectures and other forms of instruction of faculty members at campuses of the UC, CSU, and the California Community Colleges from unauthorized use. It would require prior authorization from the instructor before his/her lectures could be disseminated by any form, specifying that this authorization is "necessary to protect against errors, misuse, and the commercialization and exploitation of a faculty member's intellectual property."

As amended on April 24, the bill also specifies that, "unless authorized, no entity shall seek profit from using the lectures of a faculty member."

As amended on April 24, the bill also now states that nothing in the bill's provisions "shall be construed to interfere with the rights of disabled students under the law." [1/21/00 Legislative Update]

Status: PASSED [10 - 4] by the Assembly Judiciary Committee on April 25, and PASSED [14 - 5] by the Assembly Appropriations Committee on May 10. [Note: In the case of both Committees, the vote was cast along partisan lines, with Democrats supporting and Republicans opposing the bill.]

AB 1857 (Romero) CSU: Student Organizations

Status: PASSED [20 - 0] by the Assembly Appropriations Committee on May 10, and PASSED [72 - 2] by the full Assembly on May 18. The bill was referred to the Senate on the same date. [Note: The two dissenting votes cast on the Assembly Floor were by Assembly Members Steve Baldwin (R - El Cajon) and Howard Kaloogian (R - Carlsbad).]

AB 1861 (Runner) UC, CSU, CCC: Transferability of Courses

The bill requires that this system be in place no later than June 30, 2001.

As amended on May 3, the bill now also seeks to require the UC, CSU, and the California Community Colleges to jointly develop maintain, and disseminate a common lower division undergraduate curriculum by January 1, 2007. [2/11/00 Legislative Update]

Status: PASSED [10 - 1] by the Assembly Higher Education Committee on April 25, and referred to the Assembly Appropriations Committee on the same date. [Note: The sole dissenting vote was cast by Assembly Member Sally Havice (D - Cerritos).]

AB 1918 (Romero) Community Colleges: Transfer of Course Credits

This bill would enact the Access to Transfer Information for Community College Students Act. More than just a change of semantics, the bill, as amended, acknowledges the progress made by the UC and the CSU, in particular, in providing community college students with the information they need to transfer successfully to one of the four-year campuses of the two systems.

Status: PASSED [21 - 0] by the Assembly Appropriations Committee on May 3, and PASSED [73 - 0] by the full Assembly on May 11. The bill was referred to the Senate on the same date.

AB 2348 (Ducheny) Sales and Use Taxes: College Textbooks

This bill would exempt from the Sales and Use Tax Law the gross receipts from the sale in this state of any college textbooks, defined as "any book or edition of a book that is directed or recommended by an instructor at an institution of higher education to a student to purchase for use as a basis for a course of study at that institution."

As amended on May 16, the bill specifies that the exemption would apply only to state, not to city, county or district, sales and use taxes; nor would the exemption apply to any tax added to the state sales and use tax for public safety or local revenue purposes. [3/10/00 Legislative Update]

Status: PASSED [6 - 0] by the Assembly Committee on Revenue and Tax on May 8, and referred to the Assembly Appropriations Committee on the same date.

AB 2497 (Romero) CSU: Labor Relations

This bill seeks to make the CSU subject to the Federal Fair Labor Standards Act. [3/10/00 Legislative Update]

[Note: The federal Fair Labor Standards Act of 1938 (FLSA) regulates such matters as overtime compensation and defines a covered "public agency" to include the government or any agency of a state. The U.S. Supreme Court has held, however, that the Eleventh Amendment to the U.S. Constitution prevents bringing suit to enforce the FLSA against a nonconsenting state in federal court, and further, that Congress also lacks the power to subject nonconsenting states to private suits in state courts.

Status: PASSED [8 - 2] by the Assembly Higher Education Committee on April 25, and PASSED [13 - 5] by the Assembly Appropriations Committee on May 10. [Note: In both cases, the vote was cast along partisan lines, with Democrats supporting and Republicans opposing the bill.] The bill will be heard next by the full Assembly.

SB 1604 (O'Connell) CSU: Board of Trustees

This bill seeks to increase the membership of the CSU Board of Trustees by requiring the Governor to appoint a non-faculty employee of the university for a 2-year term.

As amended on April 13, the bill now specifies that the nonfaculty employee member of the Board appointed by the Governor shall not participate on any subcommittee of the board that is responsible for collective bargaining negotiations. [2/25/00, 4/7/00 Legislative Updates]

Status: PASSED [25 - 14] by the Senate on May 18, and sent forward to the Assembly on the same date. [Note: With one notable exception, the vote was cast along partisan lines, with Democrats supporting and Republicans opposing the bill. The exception was Senator Cathie Wright (R - Simi Valley), who voted for the bill.]

SB 1737 (Hayden) Postsecondary Education: Service Learning Opportunities

This bill seeks to establish a Statewide Service Learning and Community Service Center for administering a grants program to establish service learning and community service centers on the campuses of individual public and private colleges and universities.

Status: PASSED [10 - 3] by the Senate Education Committee on April 26, and referred to the Senate Appropriations Committee on the same date (where it was subsequently placed in the Suspense File). [Note: With the exception of Senator Bruce McPherson (R - Santa Cruz), all of the nay votes on this bill were cast by Republicans.]

SB 1747 (Alpert) CSU: Pay Equity

As amended on April 24 and May 11, this bill would require the Dept. of Fair Employment and Housing to conduct a comprehensive study on whether gaps exist between nonfaculty male and female employees and between white and minority nonfaculty employees of the CSU. If wage gaps are found to exist, the study shall consider the impact, if any, of a variety of factors, including discrimination, segregation of jobs by gender or race, and the undervaluation of work performed by women. [3/3/00 Leg. Update]

Status: PASSED [10 - 3] by the Senate Educ. Com. on May 3, and referred to the Senate Approp. Com. on the same date. [Note: With the exception of Senator Bruce McPherson (Santa Cruz) all of the nay votes were cast by Republicans.]

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LEGISLATIVE UPDATE

May 12, 2000

CAPITOL NEWS

1. The anxiously anticipated "May Revise" is scheduled to be released on Monday, May 15. Each year, after the third quarter revenues and expenditures have been tabulated, the Department of Finance issues a more fine-tuned estimate of what the budget will look like at year's end- specifically the size of the surplus or deficit. Based on that information, the Governor issues a revised state Budget, indicating his wishes with respect to expending any surplus or addressing and deficit.

Because the state's economy has been booming, the estimated size of the state surplus has grown monthly. It is now expected that the May Revise will show revenues in excess of $13 billion above expenditures. The Governor has hinted he would use part of this surplus to provide a significant increase in appropriations for K-12 education; to address the state's infrastructure backlog; and to return at least $1.8 billion to taxpayers.

2. Forty-three ballot initiatives are swirling above the November 7 ballot, hoping for a place to land. So far only one of the initiatives, which asks voters to approve state and local governments contracting out for engineers and architects on infrastructure projects, has qualified. The others range from such retreads as term limits (imposing them this time on the County Board of Supervisors), reapportionment and campaign reform, to new issues such as Internet voting and identity theft.

Of the seven relating to education, two would establish voucher systems for K-12. One authorizes state grants to parents for use at public or private (including religious) schools. The other would eliminate public funding of K-12 schools, selling off the facilities in order to fund a voucher system that would replace the public schools after 20 years.

There are also two initiatives relating to class size reduction. One mandates reducing class size for grades 9-12, without identifying a funding source. The other would reduce class size in specified core subjects in specified K-12 grades, with funding deriving from a .5% increase in the state sales tax.

The last three education-related initiatives would change the voter approval requirement from 2/3 to 55% for all local bond measures, allow prayer in public schools, and restore affirmative action programs in the state's colleges, respectively. The last initiative also seeks a 1.5% increase in the state sales tax to pay for the creation of college-bound programs for poor children, and to pay for college admission and student-related fees for all California residents at California public colleges.

A complete description of each initiative is available on the Secretary of State's Website, at this address: http://www.ss.ca.gov [Click on the following in sequence: Elections and Voter Information; Initiatives; Initiative Updates; Circulating.]

3. Cynicism is alive and well.California Eye offered this wry observation this week on the search for the Los Angeles Superintendent of Schools: "A small herd of others [in addition to former Colorado Gov. Roy Romer] also is pushing for the job, which may not have all that much tenure attached, but which pays well--especially when a superintendent is fired and the traditionally lawsuit-shy board feels it has to cut a nice buyout deal, as it has historically."

A list of 5 finalists is scheduled to be presented to the LAUSD Board of Education during the week of May 22-26. Several prominent names have been mentioned as being on the list, but half of these individuals (former U.S. Housing Secretary and mayor of San Antonio, Henry Cisneros, to cite one), have publicly denied having an interest in the position.

Meanwhile, interim Superintendent Ramon Cortines is scheduled to complete his term on June 30, a date he cannot be persuaded to change, despite entreaties from School Board members and eminent civic and educational leaders. According to a Los Angeles Times report, Cortines is said to be interested in an offer from San Francisco Mayor Willie Brown to return to that city and become the Mayor's education liaison. Cortines served as San Francisco's Superintendent of Schools for seven years, and purportedly still maintains a home there.

4. Political Animal reports this week on the results of a recent poll, conducted by the Washington based White House Project, which promotes women in elected offices. The poll focused on likely women vice-presidential candidates. Topping the list on the Republican side is Elizabeth Dole and New Jersey Governor Christine Todd Whitman, while the prominent Democrats named include California Senator Dianne Feinstein and Maryland Lt. Gov. Kathleen Kennedy.

Also considered--but not appearing on either list because she has not revealed her political party--is Lt. General Claudia Kennedy (no relation to any of the Massachusetts' Kennedys), who is the Army's highest ranking woman officer. General Kennedy's name has been in the news recently because of a sexual harassment complaint she filed against Army Major General Larry Smith, alleging he had touched and tried to kiss her against her will. The incident occurred three years ago, and is only now being filed as a result of Kennedy learning that Smith was about to be promoted into a position that would include oversight over investigations of sexual misconduct.

5. The Department of Finance released its annual report on California population growth last week, revealing that the state grew by over a half million people, or 1.7%, in 1999 to reach a new total of
34, 336,000, as of January 1, 2000. Highlights of the report:

. 421 of the state's 471 cities gained population; 21 remained the same and 29 lost population
. Coalinga, in Fresno County, experienced the fastest growth rate of all cities, increasing 46.2%- as a result of annexing the population of Pleasant Valley State Prison.
. The City of Brentwood (in the Bay area, not in Los Angeles) was the state's third fastest growing city in 1999--as it was in 1998. The DOF report notes that the city has been in the top 10 in percent growth each year during the 1990s.
. Glendale became the 15th city in the state to exceed 200,000 in population, growing to a total population of 203,700.
. Los Angeles County posted the highest annual numerical population gain, adding 169,400 people (or 1.7%) in 1999, making it the state's largest county with a total population of 9,884,300. (San Diego County is a distant second with 2,911,500.)
. Kings County had the fastest percent growth rate in 1999, up 4.3%.
. Los Angeles remains the state's most populous city with 3,823,000, growing by 1.6% during 1999. San Diego is second with 1,277,200, increasing by 1.7%.

The full report is available at the Department of Finance's website: http://www.dof.ca.gov [Click on Demographics.]

6. Update on the State Nut. Assembly Member George House (R - Fresno) announced this week that he is dropping his bill, introduced last February, to declare the almond the State Nut. It turns out there are lobbyists for the walnut and pistachio industries who felt their respective nuts merited the distinction. The almond industry continued to press its case, reporting that almonds are the state's sixth most valuable crop and its largest food export product--California produces 80% of the world's supply and ships them to more than 90 foreign countries. The industry spokesmen also noted that almonds are served on many airlines, on Air Force One, and are included in most of the space shuttle flights.

Walnuts are no slouch either, though, with an annual value of over $300 million, ranking 15th in the list of most valuable products. Pistachios, with an annual value of $122 million, don't make the top 20--but California is the second largest producer of the nut, after Iran. Karen Reinecke, president of the California Pistachio Commission, apparently pronounced the last word on the subject, causing Assembly Member House to drop his bill. As quoted in the Los Angeles Times, she said "None of the three leading nuts is indigenous to California, and the state really shouldn't have an official nut."

End of story.

**NEW LEGISLATION OF INTEREST **

SCA 20 (Perata) Legislature: Term Limits: Budget Bill

This Senate Constitutional Amendment addresses two unrelated issues, term limits for legislators and penalties for not passing the state Budget on time.

With respect to term limits, the measure would change current law to allow for 3 consecutive terms for state senators and 6 consecutive terms for state assembly members, for a total of 12 years for both.

Regarding the state Budget, the measure would require forfeiture of the salaries of all members of the Legislature if the Budget Bill is not passed by the Constitutional deadline (midnight on June 30). The measure would also preclude paying salaries retroactively.

If passed, the changes in the term limits would apply to any term commencing after December 2, 2000, and to any incumbent whose name is on the November 7, 2000 ballot. The provisions in the measure relating to the Budget Bill would commence with the 2003-04 fiscal year.

Introduced: May 8, 2000

[Note: If this measure elicits feelings of deja vu, it's because there have been at least 6 nearly identical predecessors (with different authors)--all of which bit the dust in fairly short order. There is no reason to believe that this latest effort will meet with success either.]

SCR 82 (Chesbro) CSU: Off-Campus Center in Crescent City

Introduced: May 3, 2000

SCR 83 (Polanco) Higher Education: Capital Outlay Funding

Currently when voters approve statewide bonds for the construction of facilities at higher education institutions, the revenue from the sale of these bonds is split equally between the three segments: The University of California, The California State University, and The California Community Colleges systems.

This Senate Concurrent Resolution expresses the intent of the Legislature to replace that method with an allocation system based on each segment's share of the projected undergraduate enrollment increases in higher education over the next 10 years, with some consideration for graduate enrollment. The Resolution also states legislative intent to assess the need for facilities at these campuses on the assumption that they will operate on a year-round basis.

Introduced: May 10, 2000

* STATUS OF PREVIOUSLY INTRODUCED LEGISLATION *

[Note: Dates in parentheses refer to earlier issues of Updates containing detail on initial and substantially amended versions of bills]

AB 211 (Romero) CSU: Health Benefits for Part-time Employees

Subject to collective bargaining, this bill would extend health benefits to any teaching associate, lecturer, coach, or interpreter employed by the CSU who works part time (40% or more). [2/5/99, 4/9/99, 5/18/99, 5/27/99, 6/18/99, 9/16/99, 4/14/00 Legislative Updates]

Status: APPROVED by the Governor on April 14, 2000. [Chapter 00-12]

AB 1850 (Correa) Public Higher Education: Education Benefits

Existing law prohibits the UC and the CSU from requiring or collecting fees or tuition from any surviving children of public safety officers (including law enforcement and fire fighters), who were killed in the performance of their duties.

Status: PASSED [7 - 1] by the Senate Appropriations Committee on May 1. [Note: The sole dissenting vote was cast by Senator John Vasconcellos (D - San Jose).] The bill will be heard next by the full Senate, where it is likely to pass and be sent on to the Governor. Governor Davis has already announced that he will sign this bill as soon as it crosses his desk.

AB 1935 (Wildman) CSU: Labor Relations

As amended on April 5, this bill would explicitly exclude from its provisions student body organizations, and any other entity, including, but not necessarily limited to, a student union that is operated under the management of a student body organization. [2/25/00 Legislative Update]

Status: PASSED [8 - 3] by the Assembly Higher Education Committee on April 25. [Note: The three dissenting votes were cast by Assembly Members Steve Baldwin, Bruce Thompson and Charlene Zettel, all three of whom are Republicans representing districts in San Diego County.]

The CSU opposes this bill, believing it is inappropriate for the State to assume authority in an area covered by federal law governing private employment. (Both the Attorney General and the California courts have determined auxiliary organizations to be non-state entities, and auxiliary employees non-state employees.) The CSU also has concerns about the variety of auxiliary employees that this bill would cover--fundraisers, for example, for whom there is no state equivalent. (The author's intent, in introducing this bill, was to provide equal protection to auxiliary employees who are performing tasks similar to those performed by state employees.)

The bill will be heard next in the Assembly Appropriations Committee, where the author has agreed to consider CSU amendments that would address its concerns.

AB 2007 (Runner) CSU, CCC: Joint Use Projects

This bill would exempt joint-use projects between the California Community Colleges and the California State University from provisions generally governing the construction of community college facilities.

The intent of this bill is to encourage innovative facility projects undertaken jointly by the two systems of higher education, especially those projects that maximize limited resources, encourage joint use of facilities, increase local district funding contributions, and foster private sector participation. [2/25/00 Legislative Update]

Status: PASSED [11 - 0] by the Assembly Higher Education Committee on April 25, and referred to the Assembly Appropriations Committee on the same date.

The CSU supports this bill. CSU, Bakersfield is exploring a joint-use project with Antelope Valley Community College, which this bill would facilitate.

AB 2384 (Committee on Higher Ed CSU: Omnibus Legislation TRUSTEE BILL

This bill includes several important provisions for the CSU, including, among other things, authorization for auxiliary organization boards to meet in closed session to protect donor confidentiality. The bill also streamlines and centralizes CSU's procurement authority. [3/3/00, 4/27/00 Legislative Updates]

Status: PASSED [21 - 0] by the Assembly Appropriations Committee on May 10 and placed on the Assembly Consent Calendar.

AB 2409 (Migden) UC, CSU: Year-Round Programs

Status: PASSED [11 - 0] by the Assembly Higher Education Committee on April 25, and referred to the Assembly Appropriations Committee on the same date. The bill was placed on the latter committee's Suspense File on May 10 (where all bills having fiscal impacts have been placed, pending release of the "May Revise." [See item 1 in Capitol News.]

SB 1450 (McPherson) UC, CSU: Summer Session Student Fees

Status: PASSED [9 - 1] by the Senate Education Committee on April 26, and referred to the Senate Appropriations Committee on the same date. [Note: The sole dissenting vote was cast by Senator William "Pete" Knight (R - Bakersfield).]

SB 1721 (Hayden) CSU: Central American Studies Center

This bill expresses the intent of the Legislature to enact legislation to establish a Central American Studies Center in the CSU.

As amended on April 11, the bill now requests the CSU Board of Trustees to establish an Institute for Central American Studies at California State University, Northridge, and appropriates an unspecified amount from the General Fund to cover start-up costs for the first three years of the Institute's operation.

As amended on May 9, the bill states legislative intent to provide one year of start-up costs. [3/3/00, 4/14/00 Legislative Updates]

Status: PASSED [9 - 2] by the Senate Education Committee on April 26, and referred to the Senate Appropriations Committee on the same date. [Note: The two dissenting votes were cast by Senators William "Pete" Knight (R - Bakersfield) and Dick Monteith (R - Modesto).]

SB 1723 (Chesbro) CSU: Building and Operating Fees for Student Body Centers

This bill would increase the maximum amount of this fee to $125. [3/3/2000 Legislative Update]

Status: PASSED [8 - 1] by the Senate Education Committee on April 26, and referred to the Senate Appropriations Committee on the same date. [Note: The sole dissenting vote was cast by Senator Joseph Dunn (D - Santa Ana).]

SB 1779 (Johnston) CSU: Consolidated Campus Enterprise Debt Program TRUSTEE BILL

Status: PASSED [13 - 0 ] by the Senate Education Committee on April 26, and referred to the Senate Appropriations Committee on the same date.

[Note: This proposal would combine the campus self-supported enterprise programs--student unions, parking, student housing--into a single new debt program. This proposed new debt program would have the ability to utilize a campus pledge of a broad range of campus-based user fees. Combining the individual debt programs into a campus-based blended debt program would increase debt capacity, reduce future borrowing costs, and promote more flexible financing based on campus priority decisions.

The proposal would not, however, permit one program to use the fee revenue collected from another. University Student Union fee revenue, for example, still must be used for USU programs.]

Return to Archive List

LEGISLATIVE UPDATE

April 27, 2000

CAPITOL NEWS

1. Assembly Member Bob Hertzberg was formally inducted into the office of Assembly Speaker last week--but his election to the powerful post became official in the Valley during a replay of his taking the Oath of Office at the Universal Sheraton Hotel this week. The new Speaker has already honed in on education spending. As reported in Education Beat, he "suggested that the state should spend at least $1.4 billion more next year on education, including $1 billion above the governor's January proposal for K-12, another $300 million for community colleges, and $83 million in additional college scholarship money." So far, there's been no specific funding suggestions about the UC or the CSU.

2. Governor Davis filled the last vacancy on the CSU Board of Trustees last week with his appointment of Shailesh J. Mehta. Mehta, 50, lives in Hillsborough and is the Chairman of the Board, President and CEO of Providian Financial Corporation, a company he joined in 1986. Providian is based in San Francisco and is the sixth largest bankcard issuer in the nation. In 1998 it was ranked as the seventh best performing stock in the S&P 500. Mehta serves on numerous boards, including the San Francisco Committee on Jobs, the San Francisco Partnership and Hanover Direct, and is a trustee of the Asian Art Museum Foundation in San Francisco.

Mehta holds masters and doctorate degrees in Operations Research and Computer Science from Case Western Reserve University. He received his Bachelor of Science in Mechanical Engineering from the Indian Institute of Technology in Bombay.

Mehta's appointment requires Senate confirmation.

3. An interesting publication was released this week by the American Legislative Exchange Council (ALEC) entitled, Report Card on American Education: A State-by-State Analysis, 1976-1999. Public K-12 schools in all 50 states were graded in terms of student performance and resources expended. California ranked 34th. The report notes that there is no significant correlation between academic achievement and increased resources, that "increasing spending on education is not enough to improve student performance." The report also did not find a correlation between "pupil-to-teacher ratios, spending on school infrastructure, and teacher salaries on the one hand, and educational achievement as measured by various standardized test scores on the other."

The report is available on the Internet at the following address: http://www.ALEC.org [Click on "ALEC Bookstore," then on "Education."]

4. The U.S. Supreme Court has decided to hear a states-rights' case involving the question of whether public universities can be sued in federal court under the Americans with Disabilities Act.

The case involves two Alabama lawsuits, one of which deals with a University of Alabama employee, the Director of Nursing at the University Hospital, alleging she had been discriminated against by her supervisors, who made negative comments about her after she was diagnosed with cancer and then demoted her after she had taken four months of unpaid leave.

The issue is whether the Eleventh Amendment to the U.S. Constitution, which generally safeguards states against federal lawsuits, can be shielded in a lawsuit filed under the federal disabilities act. As reported in the Chronicle of Higher Education, "The lawyers for the plaintiffs argue that such states-rights' concerns are trumped by the 14th Amendment's equal-protection guarantees, which the Supreme Court historically has cited in allowing the U.S. Government to enforce state compliance with federal laws banning racial discrimination. The two sides in the case disagree on whether the federal government's interest in prohibiting discrimination against people with disabilities is compelling enough to justify similar intrusions into states' affairs."

The case takes on additional significance because two prior lawsuits challenging the federal disabilities act were settled before the Supreme Court rendered its decision. The outcome of the current case will be watched carefully by universities across the country, since students and employees with physical disabilities could be precluded in the future from using the federal disabilities act to obtain accommodations for their disabilities.

5. The U.S. Supreme Court did hear arguments this week on another case: the constitutionality of California's "Blanket Primary" law, enacted in 1996 as a result of voter approval of Proposition 198. From the various media accounts of the observations made and questions posed--particularly by Justice Sandra Day O'Connor--it appears the state's Blanket Primary is headed for the round file.

The Blanket Primary laws adopted by three other states, Alaska, Washington and Louisiana, may also bite the dust. (Other states have an Open Primary, which may or may not be affected by the High Court's decision. A "Blanket Primary" is one where voters make their choices from a single ballot listing candidates from all parties. An "Open Primary" election is one where voters decide on the day of the election which ballot they want--Republican, Democratic, or Independent (which excludes Republican and Democratic candidates)--and then vote only for the candidates listed for those parties.

The Court is expected to publish its decision in the case (California Democratic Party vs. Jones, 99 401) in July. (Note: Despite the name on the case, four parties brought suit: Republican, Democratic, Libertarian and Peace & Freedom.)

6. Update on Son of Prop. 26. Given the relatively short timeline for qualifying initiatives on the November ballot, supporters of another effort to change the voter approval requirement from 2/3 to 55% for local bond measures launched a major tv campaign last week. Supporters of the proposed initiative include the California Chamber of Commerce and major businesses and corporations, in addition to the broad K-12 education community.

Conspicuously absent from the effort, however, is the California Teachers Association (CTA), which is focusing its efforts on two other initiatives. The first measure, which the CTA supports, seeks to raise the state's per pupil expenditure to the national average, and the second, which the CTA opposes, seeks approval of a school voucher proposal (which would allow state dollars to be used for children attending private, including religious, schools).

Meanwhile, the Howard Jarvis Taxpayers Association filed a lawsuit against the proposed initiative, arguing that in the summary provided on the petitions, the word "voter" is omitted from the sentence indicating that local school bonds could be passed with 55% approval. (It was specified in the statement for Prop. 26 that local school bonds could be passed with "majority voter approval.") The Taxpayers Association believes that the change in wording significantly changes the meaning. Kris Vosburgh, Executive Director of the Association, in a statement to the Los Angeles Times, said, "You have a very basic structural element that is missing from the description, and that is who it is that votes. We believe it's a key element that has been changed."

A Sacramento Superior Court judge dismissed the lawsuit in a hearing held on April 24.

7. Because of the author's trips to Sacramento and Washington, D.C., Legislative Update will be on a reduced schedule for the month of May. I hope to write a special edition following the release of the "May Revise" by the Department of Finance. [Note: The "May Revise" is a report the Department makes each spring to the Legislature on the state's expenditures and balances after three quarters of activity. Bills containing cost elements are held "in suspense" in each house's Appropriations Committee until legislators have reviewed the "May Revise," have an idea what the state's surplus (or deficit) will be, and can make informed decisions on spending priorities.]

* STATUS OF PREVIOUSLY INTRODUCED LEGISLATION *

[Note: Dates in parentheses refer to earlier issues of Updates containing detail on initial and substantially amended versions of bills]

AB 1857 (Romero) CSU: Student Organizations

This bill, which is sponsored by the California State Student Association, would modify open meeting requirements for student body organizations to include greater flexibility and protection. It covers several issues identified as problems resulting from existing open meeting laws, including the inability to conduct a meeting by teleconference and the lack of a provision to protect the rights of the public and students to address a governing board.

As amended on April 11, this bill has been renamed to create the "Gloria Romero Open Meetings Act of 2000." The content is essentially the same, with a number of technical changes specified in the Open Meeting laws as they pertain to student organizations. [2/11/00 Legislative Update]

Status: PASSED [10 - 1] by the Assembly Higher Education Committee on April 25, and referred to the Assembly Appropriations Committee on the same date. [Note: The dissenting vote was cast by Assembly Member Steve Baldwin (R - El Cajon).]

AB 1918 (Romero) Community Colleges: Transfer of Course Credits

As initially written, this bill sought to enact the Access to Guaranteed Transfer for Community College Students Act, under which the governing boards of each community college district would be required to provide their students with copies of the systemwide articulation agreements between the California Community Colleges and the CSU and the UC.

As amended on April 24, the bill would enact the Access to Transfer Information for Community College Students Act. More than just a change of semantics, the bill, as amended, acknowledges the progress made by the UC and the CSU, in particular, in providing community college students with the information they need to transfer successfully to one of the four year campuses of the two systems.

Introduced: PASSED [12 - 0] by the Assembly Higher Education Committee on April 10, and referred to the Assembly Appropriations Committee on the same date.

AB 2138 (Keeley) Public Higher Education: Labor Relations

Under existing law, statutes governing the terms and conditions of employment for CSU employees in higher education are superseded to the extent they conflict with an MOU (Memo of Understanding).

As initially written, this bill would mandate that such statutes providing a minimum level of benefits would only be superseded where terms of an MOU provide benefits in excess of the statutory minimums. As amended on April 5, this language has been deleted from the bill.

This bill also seeks to restructure the "impasse procedure." Under existing law, when differences between the employer and the bargaining unit cannot be resolved, a mediator is appointed--and if agreement still is not achievable, a factfinding panel is appointed.

This bill would revise the procedures allowing for either party to file a request that the findings of the panel be binding. The chair of the panel would be authorized to appear before the governing body of the employer [CSU Board of Trustees] to advocate acceptance of the panel's recommendations. As amended on April 11, the chair appointed by the Board of Trustees shall not, without the consent of both parties, be the individual who has served as the mediator.

As initially written, the bill required that the findings of fact and recommended terms of settlement be final and binding. As amended on April 11, these findings would be advisory only. Also, as amended, the bill mandates costs for the services of the chair of the factfinding panel [per diem, travel and subsistence expenses] be borne by the Board of Trustees. (The bill specifies that any other mutually incurred costs are to be borne equally between the Board and the bargaining unit.) [2/25/00 Legislative Update]

Status: PASSED [7 - 2] by the Assembly Higher Education Committee on April 10, and referred to the Assembly Appropriations Committee where it has been further amended, as reflected in the text above. [Note: The two dissenting votes were cast by Assembly Members Steve Baldwin and Charlene Zettel, both of whom are Republicans who represent districts in San Diego County.]

AB 2384 (Committee on Higher Ed) CSU: Omnibus Legislation TRUSTEE BILL

During the course of each legislative session, several relatively minor, technical legislative items are brought to the attention of the Chancellor's Office. On several occasions, the CSU has sponsored omnibus legislation which includes all of these items in one bill. AB 2384 is such a bill. Items included in this omnibus legislation:

Student Health Centers: Removes the outdated cap for health center construction, which is the only such cap that currently exists in statute for self-supported programs. Also repeals an outdated section of the Educ. Code.

Currently, Education Code section 89702 requires that all health center capital outlay projects in excess of $65,000 be approved by the Legislature. This approval process is outdated and inconsistent with other non-state funded trustee programs, such as the housing, parking, and/or student union programs. Already, all non-state capital outlay projects must undergo an internal trustee review prior to becoming part of the campus five-year capital outlay program.

Education Code 89702.1, which is proposed to be repealed, referred to a specific set of fiscal years, and is outdated.

Financial Aid Resources in Local Trust Accounts: Allows deposit of work study and grant funds in local trust accounts. The authority currently exists to allow such deposits for scholarship funds and student loan programs.

Auxiliary Organizations - Closed Sessions: Allows auxiliary organization boards (such as campus Foundation Boards) to meet in closed session to protect donor or prospective donor confidentiality.

Repeal of Government Code Section 18598: Repeals an outdated reference to the "State Nautical School," now the California Maritime Academy.

CSU Procurement Authority: Clarifies and organizes the CSU's authority for procurement and contracting. Should this legislation be enacted, it will provide the CSU clarity and strengthen legislative intent by providing a central location for procurement policies applicable only to the CSU.

Minor Capital Outlay Limit: The proposed change will automatically adjust the limit of a minor capital outlay project identified in the Public Contract Code to coincide with the limit set in the annual Budget Act, without requiring special legislation.

In addition, the bill was amended on April 10 to add two unrelated provisions: (1) one sponsored by the state Treasurer's Office that changes the reporting requirements associated with the Golden State Scholarshare Trust Act (a prepaid tuition program); and (2) one sponsored by the California Community Colleges system which would prohibit community college governing boards from expending state funds to establish and maintain community service classes. [March 3, 2000 Legislative Update]

Introduced: PASSED [11 - 0] by the Assembly Higher Education Committee on April 25, and referred to the Assembly Appropriations Committee on the same date.

AB 2565 (Zettel) Lottery: Postsecondary Education Technology Pooled Revenue Bond Fund

Existing law provides that 50% of the revenue from the state Lottery be returned to the public in the form of prizes, 34% to the benefit of public education by being deposited in the California State Lottery Education Fund, and 16% for the administration of the state Lottery.

This bill would increase the percentage of lottery monies that may be pledged under this program from 25% to 50%. [3/10/00, 4/14/00 Legislative Updates]

Status: PASSED [14- 0] by the Assembly Committee on Governmental Organization on April 24, and referred to the Assembly Appropriations Committee on the same date.

SB 1547 (Costa) CSU: Real Property Transactions TRUSTEE BILL

As amended on April 25, the bill now contains a sunset clause, repealing changes made to existing law by this bill on January 1, 2006. [2/18/00 Legislative Update]

Status: PASSED [12 - 0] by the Senate Education Committee on April 12, and referred to the Senate Appropriations Committee on the same date.

SB 1929 (Haynes) UC, CSU, CCC: Research Misconduct

This bill would mandate universities to establish procedures for pursuing allegations of research misconduct, defined as "including, but not limited to, fabrication, falsification, plagiarism, deception, or other practices that seriously deviate from those practices commonly accepted within the scholarly community for proposing, conducting, or reporting research."

Senator Haynes introduced this bill in response to CSUN's controversial conference on pornography, held at an off-site location in 1999. [See 2/25/00 Legislative Update.]

Status: FAILED passage [5 - 8] in the Senate Education Committee on April 26. [Note: The only information available on the vote at this time is the number.] The author requested and was granted reconsideration, but a rehearing date was not established.

SB 2047 (Polanco) Civil Rights: Outreach

Status: PASSED [8 - 1] by the Senate Committee on Governmental Organization on April 25, and referred to the Senate Appropriations Committee on the same date. [Note: The dissenting vote was cast by Senator Tim Leslie (R - Tahoe City).]

Return to Archive List

LEGISLATIVE UPDATE

April 14, 2000

CAPITOL NEWS

1. Governor Davis announced his most recent appointment--Murray L. Galinson--to the California State University Board of Trustees last Friday. Galinson, 62, is the Chairman of the Board of the San Diego National Bank and the Galinson Groups of La Jolla. He is a member of a number of boards, including the First Dental Health Corporation, the Weingart Foundation, the Price Family Charitable Fund, and the Board of California Western Law School, which he chairs.

Galinson joined the San Diego National Bank as its president in 1984. Prior to that he was a special assistant to the U.S. Attorney for the Southern District of California.

His appointment to the CSU Board of Trustees marks his first affiliation with the state university system--but not his first involvement with higher education in California. He serves on the UC, San Diego Foundation Board of Trustees and is also a member of the UCSD Chancellors Associates.

Mr. Galinson received his B.A. and his J.D. degrees from the University of Minnesota, and his Ph.D. degree from the United States International University in San Diego.

With the appointment of Galinson, which requires Senate confirmation, there remains one more vacancy for the Governor to fill on the CSU Board.

2. The good news last week was the U.S. Senate's action to increase funding for Pell Grants. By a vote of 51-49, the Senate approved an amendment to its budget resolution calling for a $400 increase in the maximum grant awarded to low-income students, raising it to $3,700. Unhappily, though, the amendment did not survive in the conference committee, which met to resolve remaining differences between the Senate and House Budget resolutions. (The House version hadn't specified a maximum for the grants.) President Clinton had proposed an increase of $200 in his budget request.

Congress will begin its Spring Recess on April 15; When Members return to the Capitol at the end of the month, the Appropriations Committees of both Houses will begin work on determining spending proposals for specific programs.

3. Yet another bill addressing the H-1B visa issue was introduced in the House this week. H.R. 4227 was introduced by the Chair of the House Judiciary Committee's Immigration Subcommittee, Rep. Lamar Smith (Texas) and co-sponsored by Reps. Tom Campbell (California) and Robert Goodlatte (Virginia). Unlike the three other bills on this issue, H.R. 4227 seeks, over the next three years, to eliminate altogether the cap on the number of H-1B visas issued to skilled workers.

However, in return for lifting the cap, employers have to meet very strict criteria. They would have to demonstrate that they had increased the number of U.S. workers they hired during the preceding year and that the average wage paid to U.S. workers had increased. In addition, employers would be required to report to the INS detailed information about their foreign workers, including their education and the amount of salary being paid to them. Companies with assets less than $250,000 would be required to document their "legitimate need" for foreign workers to the INS.

The bill would also increase the visa application fee by $100, bringing it to a total of $600. (Revenue from this fee is used to prevent fraud in the program.)

Capitol Hill Bulletin reports that companies in the high tech information industry reacted with mixed feelings to the Smith bill. If the cure for a chronic disease is paralysis, then maybe continuing the current palliative treatment is the better choice.

4. April 10 was the deadline for submitting comments on FEMA's proposed rule to require public entities to insure public buildings against natural disasters. Just about every governmental entity in California, including cities, counties, public hospitals, professional associations, the University of California and the California State University, submitted comments.

The arguments against the rule, as reported in Capitol Hill Bulletin, are wide-ranging and compelling.

In a letter signed by both of California's U.S. Senators, Dianne Feinstein and Barbara Boxer, and by the chairs of the California House Delegation, Reps. Jerry Lewis (Redlands) and Sam Farr (Carmel), the point is made that "because disaster-resistant buildings have a higher valuation and would be more costly to insure, the proposed rule would penalize state and local governments with tougher building standards, and act as a disincentive to mitigation measures."

Several of the cities submitting comments, including Los Angeles, questioned whether FEMA had the statutory authority to mandate insurance coverage. Others pointed out that the proposed rule does not factor in mitigation measures cities take in retrofitting buildings to better withstand an earthquake.

The University of California questioned FEMA's assumption "that earthquake insurance will be available, and at reasonable rates." UC estimated it would cost the 9-campus system $12 - $36 million annually to insure all of its facilities, and observed that "no major earthquake damage [has occurred] between 1971 and 1989, but insurance premiums at the levels proposed by FEMA would have totaled $600 million over that time period."!

The agency has not indicated when it will file notice of its proposed rule, and is still waiting for the cost analysis of the impact of the rule, that was recently mandated by the General Accounting Office (GAO).

5. The U.S. Supreme Court will hear arguments on California's Open Primary system on April 24. In an ironic show of non-partisanship, the Democratic, Republican, Libertarian, and Peace and Freedom parties filed suit against the initiative statute (Prop. 198) passed by voters in 1996 that created the Open Primary. The suit alleges that the Open Primary is unconstitutional because it violates the parties' right of freedom of association, and creates a "potential for mischief" from cross-over voters, who may try to thwart the outcome of a rival party's election.

Attorney General Bill Lockyer has the job of defending the Open Primary law before the high court. A decision could be handed down as soon as June, according to California Eye.

6. News from other States/California is not the strangest state in the union. StateNet this week reports on doings in other states, some stranger than fiction. From North Carolina: The Democratic and Republican gubernatorial candidates recently engaged in a spirited debate on how to spend lottery revenue, with one candidate championing scholarships and prekindergarten programs, and the other advocating class-size reduction. The only problem in implementing any of these worthy uses: The state does not have a lottery.

From Arizona: The state Senate recently defeated a bill that would have increased penalties for assaulting sports officials, with the specific targets being parents who attack high school umpires or referees for bad calls. StateNet observes that, "It wasn't so much that senators were against the notion, but the bill itself contained a poison pill inserted by the House: Increased penalties for attacking...a pharmacist. A pharmacist?"

* STATUS OF PREVIOUSLY INTRODUCED LEGISLATION *

[Note: Dates in parentheses refer to earlier issues of Updates containing detail on initial and substantially amended versions of bills]

AB 211 (Romero) CSU: Health Benefits for Part-time Employees

Status: PASSED [24 - 12] by the Senate on April 3; the Assembly concurred in the Senate Amendments [54 - 20] on April 10, and the bill was enrolled on the same date. The bill now awaits action from the Governor.

[Note: Both votes were cast essentially along partisan lines, with Democrats voting for the bill, and Republicans, with a few exceptions, opposing it. (CSUN's Senator Cathie Wright (R - Simi Valley) voted for it.)]

AB 1755 (Cardenas) Public School Districts: Joint Use Property

To provide school districts with more flexibility and options in searching for land on which to cite new schools, this bill, among other things, would allow the districts to enter into joint use and lease of land with other governmental entities, using district funds to construct the schools. (Current law requires the district to own the land on which schools are built.) [1/14/00 Legislative Update]

Status: PASSED [11 - 8] by the Assembly Education Committee on April 12, and referred to the Assembly Appropriations Committee on the same date.

AB 2143 (Lempert) Public Higher Education: Labor Relations

This bill would mandate that current statutes providing a minimum level of benefits to members of an employee bargaining unit would only be superseded where terms of an MOU [Memo of Understanding] provide benefits in excess of the statutory minimums. [2/25/00 Legislative Update]

Status: PASSED [9 - 1] by the Assembly Higher Education Committee on April 10, and referred to the Assembly Appropriations Committee on the same date. [Note: The sole dissenting vote was cast by Assembly Member Charlene Zettel (R - Poway/San Diego County).]

AB 2372 (Granlund) Community Colleges: Tuition Fees

As initially written, this bill sought to accomplish two things: (1) to delete the provisions in current law authorizing community college governing boards to charge fees to students, except for tuition fees charged to nonresident students; and (2) to explicitly prohibit any charge, fee, or tuition from being required of any student of, or applicant for admission to, any campus of the California Community Colleges (other than tuition fees charged to nonresident students).

As amended on April 13, the bill now simply expresses legislative intent with respect to the presentation of proposals relating to the funding of community colleges and student fees--essentially requiring that analyses accompany any proposal. [3/10/00 Legislative Update]

Status: This bill is scheduled to be heard, as amended, in the Assembly Higher Education Committee on April 25.

AB 2565 (Zettel) Lottery: Postsecondary Education Technology Pooled Revenue Bond Fund

This bill would increase the percentage of lottery monies that may be pledged under this program from 25% to 50%. [3/10/00 Legislative Update]

Status: PASSED [12 - 0] by the Assembly Higher Education Committee on April 10. The bill was referred to the Assembly Committee on Governmental Organization on the same date, and will be heard there on April 24.

SB 1721 (Hayden) CSU: Central American Studies Center

This bill expresses the intent of the Legislature to enact legislation to establish a Central American Studies Center in the CSU.

Status: Scheduled to be heard in the Senate Educ. Com. on April 26.

SB 1737 (Hayden) Postsecondary Education: Service Learning Opportunities

As initially written, this bill expressed the intent of the Legislature to enact legislation to provide college and university students with increased service opportunities that are integrated with their academic coursework.

As amended on April 10, the bill now seeks to establish a Statewide Service Learning and Community Service Center for administering a grants program to establish service learning and community service centers on the campuses of individual public and private colleges and universities.

Finally, as amended, the bill would require the California Postsecondary Education Commission (CPEC) to be responsible for selecting and monitoring an entity to administer both the grant program and the Statewide Service Learning and Community Service Center. [March 3, 2000 Legislative Update]

Status: This bill is scheduled to be heard, as amended, in the Senate Education Committee on April 26

SB 1768 (Hayden) Student Academic Partnership Program

An earlier Hayden bill established a five-year Student Academic Partnership Program (to June 30, 2003) to enable school districts to provide preservice training to prospective teachers and to secure tutoring assistance for pupils in kindergarten and grades 1 - 6, inclusive.

This bill would expand the program by authorizing it to include assistance to pupils in grades 7 - 12, inclusive. [March 3, 2000 Legislative Update]

Status: PASSED [14 - 0] by the Senate Education Committee on April 12, and referred to the Senate Appropriations Committee on the same date. It is scheduled to be heard in that committee on May 1. [Note: This bill is a reintroduction of last year's SB 81, also authored by Senator Hayden, which died in the Senate Education Committee.]

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LEGISLATIVE UPDATE

April 7, 2000

CAPITOL NEWS

1. The CSU spent Monday in the state Capitol this week. All 23 campuses participated in the Annual "Legislative Day," by sending delegations to Sacramento to participate in issue briefings in the morning and to meet with their respective area legislators in the afternoon. The objective is to provide a visual image of the size and reach of the State University System, while advocating budget and other issues with lawmakers.

In addition to the CSU priority issues that affect all 23 campuses, the CSUN delegation also championed a CSUN-specific issue: A $9.3 million special augmentation request to equip the nine newly constructed/renovated buildings that will be ready for occupancy next November. While FEMA has covered the cost of replacing or renovating those facilities that were destroyed or heavily damaged by the Northridge Earthquake, the agency's regulations do not permit funding for replacement equipment.

The special budget augmentation request is among several the CSU will be proposing after the "May Revise" is released. (The May Revise is a document prepared by the Department of Finance that updates expenditures over the last three quarters, permitting the agency to provide a more accurate estimate of the size of the budget surplus that can be anticipated. Typically, Assembly and Senate Appropriation Committees will place in their respective Suspense files any bills having a cost factor. Once the May Revise is available, then all of these bills--and any budget augmentation requests--are considered together and prioritized.)

At the Annual CSU-hosted Awards Luncheon, Assembly Member George Runner (R - Bakersfield) and Senator Patrick Johnston (D - Stockton) were presented with CSU Legislator of the Year Awards, and Senator John Burton (D - San Francisco) was given the CSU Lifetime Achievement Award.

CSU Chancellor Charles Reed hosted the reception, held in the Capitol Rotunda for all participants and members of the State Legislature, which capped the day's activities.

Participants in the CSUN delegation, lead by Interim President Louanne Kennedy, included Alison Stevenson Hunsaker (CSUN's K-12 Teacher of the Year), Robert Hanff, Associated Students President, Teodora Manolova (CSUN Presidential Scholar), Dave Novak and Meredith Smith (both Board members of the CSUN Alumni Association), and David Honda (member of the CSUN Community Advisory Board and of the University Foundation Board).

The CSUN delegation met with Assembly Speaker-Elect Bob Hertzberg and Assembly Member Sheila Kuehl, and with staff from several other of the University's area legislators. Joining the CSUN table at the Awards Luncheon were Senators Cathie Wright and Adam Schiff.

2. Supporters of the failed Proposition 26 will try to place the initiative before voters again in November. Proposition 26 sought to change the voter approval requirement for local school bonds from a 2/3 to a majority vote, but the measure that will replace it will advocate a 55% vote requirement in the hopes of persuading more voters to support it. The Governor, who only provided lukewarm support of Proposition 26, had indicated earlier that he would be willing to support a new measure if the vote requirement were changed to 60%. The 55% number reflects a compromise which business leaders--the primary movers behind the new initiative--reached with the Governor.

The percentage issue having been resolved, the next hurdle for supporters of the initiative will be to obtain 670,816 verified signatures needed by mid-May in order to qualify the measure for the November ballot.

3. The on-going, some say interminable, power struggle between state Superintendent of Public Instruction Delaine Eastin and the state Board of Education, has had a negative impact on every aspect of the Standardized Testing and Reporting (STAR) program, according to the California State Auditor. In its Report #99131: Star Program, issued this week, the State Auditor concluded that implementation of the STAR program has also been frustrated by legislatively-imposed deadlines, reflecting the Legislature's desire to adopt a single statewide achievement test as soon as possible. The State Auditor reported:

"The compressed deadlines for selection of the test and preparation of the STAR program have had a cost: The test publisher's performance during the first two test cycles of the program has been deficient in certain areas. The department [of Education] did not closely monitor the publisher's performance during these years. Missed deadlines, unreliable data, and inaccurate reporting of achievement test results plagued the program."

Exacerbating the situation has been a debate over who has the legal authority and resources to do the monitoring, the superintendent or the department.

The achievement test is an important issue because test scores provide the basis for the Academic Performance Index (API)--which, in turn, is used to determine how the State distributes money to schools and teachers under the Public School Accountability Act of 1999.

To improve communication between all concerned, the State Auditor offered 5 recommendations, ranging from the establishment of a Memo of Understanding clarifying the respective roles and functions of the Superintendent, the Board of Education and the state Department of Education, to the board and department jointly reviewing and amending the current contract with the test publisher "to ensure that the publisher does implement all recommendations that will improve the STAR program."

Reaction to the State Auditor's recommendations don't portend well for improvement: The state Board of Education does not concur with them, while the state Department of Education does.

The full report may be viewed on-line at the following address: http://www.bsa.ca.gov/bsa

4. The price of housing in California continues to rise, making home purchases more difficult. The business community in the state is becoming increasingly concerned over the high cost of housing and its impact on attracting employees.

Capitol Hill Bulletin, reporting on data released this week by the California Association of Realtors, noted that the median price of a single family detached home rose 17.1% over last year to $231,710. The minimum annual income needed to buy a median-priced home, not surprisingly, rose accordingly: "The highest 10 counties were Santa Barbara ($92,960), Alameda ($92,470), Monterey ($111,800), Contra Costa ($112,860), Santa Cruz ($116,940), San Francisco ($129,500), Santa Clara ($135,300), San Mateo ($151,550), and Marin ($182,050)."

The complete report of the California Association of Realtors is available on line, at the CAR website: http://www.car.org

The California Chamber of Commerce has joined other prominent business organizations, labor representatives and a bipartisan group of legislators to support a package of bills to address the shortage of affordable housing--particularly in those areas in and around San Francisco where, as the above figures illustrate, "stratospheric" understates the cost of housing.

5. An update on the Census, reported in this week's Capitol Hill Bulletin, puts California's response rate at 60%, still above the national average of 58%. The Bulletin states that "California's rate exceeds that of every other Western state and every Southern state except Virginia." However, most Midwestern states surpass California, while Northeastern states are about even with California.

* STATUS OF PREVIOUSLY INTRODUCED LEGISLATION *

[Note: Dates in parentheses refer to earlier issues of Updates containing detail on initial and substantially amended versions of bills]

AB 1850 (Correa) Public Higher Education: Education Benefits

Status: PASSED [12 - 0] by the Assembly Higher Education Committee on March 23, and referred to the Assembly Appropriations Committee on the same date.

AB 2266 (Firebaugh) K-University Facilities Bond Act

As initially written, this bill sought to provide for a K-University Facilities Bond Act of an unspecified amount on the November 7, 2000 General Election ballot. As amended on April 4, the bill now provides that the Bond Act will be submitted to voters at an unspecified statewide election.

[Note: There has not been a lot of enthusiasm among legislators to champion a bond act for public schools, and the California Teachers Association (CTA), normally at the forefront of any bond act movement, has been focusing its attention instead on two other issues: (1) its own initiative to raise state school spending to the national average, and (2) opposition to an initiative that would allow public money to pay for private schools. AB 2266 is essentially a "place-holder" for a Bond Act, should sentiment change and support for one materialize.]

Status: PASSED [12 - 3] by the Assembly Committee on Education, on March 29, and referred to the Assembly Committee on Higher Education on the same date. [Note: The vote was along partisan lines, with Democrats voting in support of and Republicans voting against the bill.]

SB 1503 (Polanco) Merit Scholarship and Distinguished Scholars Programs

Rewarding student achievement is a key component in the Governor's education package. This bill seeks to create two programs, the Distinguished Merit Scholarships Program, and the Math and Science Scholars Program, to reward students who have worked hard, achieved high levels of proficiency and have earned the support for a college education.

The bill would also establish the Intensive Algebra Instruction Academies, and the Algebra Academies Professional Development Institutes.

[Note: The Distinguished Merit Scholarships proposal is the most controversial element of the bill, making it the most contentious of the three Senate bills carrying the Governor's education proposals. Senate President pro Tempore John Burton objected to any plan that would give money "to students who don't need it," and Senate Education Committee Chair Dede Alpert agreed, saying "We should be supporting those who can't make it any other way." The bill's author, Senator Richard Polanco, defended the scholarship program, stating that merit should be recognized.

Before the bill passed out of the Senate Education Committee, it was attached to another bill (SB 1788) that emphasizes CalGrant need-based awards for community college students. Both bills must now pass in order for either to take effect.]

Status: PASSED [ 10 - 1] by the Senate Education Committee on April 5, and referred to the Senate Appropriations Committee on the same date. [Note: Senator John Vasconcellos (D - San Jose) was the sole dissenter.]

SB 1604 (O'Connell) CSU: Board of Trustees

This bill seeks to increase the membership of the CSU Board of Trustees by requiring the Governor to appoint a non-faculty employee of the university for a 2-year term. [2/25/00 Legislative Update]

Status: PASSED [9 - 3] by the Senate Education Committee on April 5, and referred to the Senate Appropriations Committee on the same date. [Note: The vote was cast along partisan lines, with Democrats supporting and Republicans opposing the bill. The 3 nay votes: Senators William Knight (R - Lancaster), Bruce McPherson (R - Santa Cruz), and Dick Monteith (R - Modesto).]

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LEGISLATIVE UPDATE

March 31, 2000

CAPITOL NEWS

1. Vice-Presidential candidates' list. Last week I reported on names of Democrats being floated as possible mates for Al Gore. Now for the Republicans being scrutinized. The following list, from CalPeek, is somewhat longer:

Tom Ridge, Governor of Pennsylvania, who is described as a "social moderate," which could win Bush votes from the moderate wing of his party--or alienate the Conservatives.

George Voinovich, U.S. Senator from Ohio, whose pluses are described as Catholic (counters the bad press Bush received when he campaigned at anti-Catholic Bob Jones University), pro-life and having close ties to the National Education Association (education being a high priority concern of voters). The negatives: As Governor of Ohio (1991-99), he raised taxes, and faced questions about lucrative state contracts going to contributors and those who worked as fundraisers in his campaigns.

Frank Keating, Governor of Oklahoma, whose successes in that office include implementing the largest tax cut in the state's history, a property tax cap, a 58% cut in welfare rolls, and shepherding through the state's legislature a $1 billion highway construction program. In 1998, he said he would accept a vice-presidential nomination.

Tommy Thompson, Governor of Wisconsin, who has boasted he has cut taxes 87 times and reduced them by more than $8 billion. Nationally, he is best known for his creative welfare reform efforts. He, too, is said to be interested in the Vice-President's job.

The names of two women who have been mentioned in the past--New Jersey Governor Christine Todd Whitman and Elizabeth Dole--are not on anyone's list, reportedly because Bush doesn't believe a woman candidate would help the ticket.

John McCain, considered too independent (and whose campaign rhetoric probably dooms him) is also not on anyone's list.

2. If anyone thought that the 20 initiatives on the March ballot were akin to 20 blocks of cement on a camel's back, then the potential number that could end up on the November ballot won't be good news. According to the Secretary of State's webpage, 39 measures are currently in circulation, of which one has already qualified and 11 are pending in the Attorney General's Office. Ballot initiatives must qualify at least 131 days before the next statewide election in order to appear on the ballot.

3. Sue Burr, Undersecretary of Education, has been named "Interim Secretary of Education" by Governor Davis. Burr has a long-time association with the former Secretary, Gary Hart, beginning with his term in the Senate as Chair of the Senate Education Committee, where she served as a consultant to the committee, then as his assistant when he served as the Executive Director of the CSU Institute for Education Reform (at CSU, Sacramento), and finally to her position as Undersecretary.

Burr will have her work cut out for her in shepherding the Governor's current package of education bills through the state Legislature. Relations between the Governor and Senate President pro Tempore John Burton have been strained since late last year, when the two scuffled over insurance legislation issues. Burton sent signals early in the current session that the Governor could expect far more scrutiny over his proposals.

Burr's chances of winning the permanent appointment will no doubt be linked to her success in pushing the Governor's education bills through the Legislature.

4. The Florida state Legislature is considering legislation that would abolish the Board of Regents of the 10-campus State University System of Florida, effective 2003. The bill would also abolish the governing entity of the state's 28 community college system, replacing both with a single "super" board that would oversee K-12 through higher education, including several vocational/tech centers and private vocational colleges . The new "super" board would consist of seven members, all of whom would be appointed by the Governor.

According to the Chronicle of Higher Education, the legislation was borne out of increasing disgruntlement between legislators and the Board of Regents in recent years, culminating with the Board's decision to back Governor Jeb Bush's proposal to eliminate affirmative action considerations in university admissions.

The disagreements appear to be bi-partisan in nature, with Democrats pointing to the affirmative action decision, and Republicans citing the Board's opposition to creating a medical school at Florida State University, and to the establishment of law schools at Florida A&M and Florida International Universities.

There was also the highly publicized scuffle on budget and other issues between the Chancellor of the Florida system, Adam Herbert, Jr., and former University of Florida President John Lombardi, which resulted in the latter's resignation. Lombardi was hugely popular with alumni, students and university support group members, who voiced their unhappiness to members of the Legislature.

Not surprisingly, the sharpest critic of the legislative proposal is Chancellor Herbert. Although he is described as being a close ally of the Governor, that relationship may or may not be helpful. The Governor has not publicly stated his position yet on the legislation--but his Lt. Governor, Frank Brogan, has. Referencing a recent successful ballot initiative that eliminated the elected state Education Commissioner and gave the Governor the power to appoint a new state education board, Brogan told Miami Herald reporters that it is "the will of the people" to create a "seamless education system for the state of Florida."

5. California Governor Gray Davis's education proposals received sharp scrutiny this week in the Senate Education Committee. All three of the bills carrying his initiatives, SB 1503, SB 1504, and SB 1505, felt the hot lamp of the committee inquisitors. Generally, lawmakers believe that his merit scholarship proposals and forgivable home loan plans for teachers who agree to teach in low performing schools, will not close the learning gap between rich and poor students.

Legislators proposed, as alternatives for the Governor to consider, directing his $188 million teacher recruitment and retention plans to the worst-performing schools, and extending his $112 merit scholarship program to the top 15% or 20% students, rather than to those students at the top 5% or 10% of their class, as is currently the case. Lawmakers also suggested that awards be based on financial need as well as merit.

The Governor's spokesperson, however, did not leave much hope for compromise. Michael Bustamante, speaking on behalf of the Governor, told the L.A. Times, "There's no reason for it [compromise]. I think that these bills deserve the Legislature's support and I think in the end we'll get it."

The Senate Education Committee did not amend nor vote on the three bills, but put them over for further consideration to its April 4 meeting.

The three bills being carried by Assembly members for the Governor fared somewhat better. Although all three were amended, all were passed by the Assembly Higher Education Committee. (See AB 1941, AB 1942, and AB 1943 below.)

6. Update on the Census. Capitol Hill Bulletin reports this week that, as of March 30, California's response rate to the U.S. census exceeds the national average. Thirty-one of the state's 58 counties exceed or equal the national average of 49%. The county with the highest response rate is Ventura at 58%, and the lowest is Mono in the northeastern part of the state (Placerville, South Lake Tahoe), with 21%. Generally, the response rate has been lower in the rural parts of the state.

The Census Bureau has set a goal of achieving a 70% response rate nationwide.

7. California's highways rank among the worst in the nation, according to a report released this week by The Road Information Program (TRIP). Capitol Hill Bulletin's summary of the report indicates that "one-third of America's major roads have 'significant deterioration and need resurfacing or reconstruction.' On average, 19% of U.S. roads are in poor condition." While not the lowest rated in the country--New Orleans and Detroit share that honor with each scoring 35%- Los Angeles ranked in the lowest quadrant: 33% of its roads were rated "poor," and 23% were rated "mediocre." The costs to repair and maintain automobiles that habitually travel in rough road conditions is significant enough for TRIP to characterize them as a "hidden tax."

TRIP's report, "Road Conditions in Metropolitan Areas and the Impact on Motorists," is available on line: http://www.tripnet.org

* STATUS OF PREVIOUSLY INTRODUCED LEGISLATION *

[Note: Dates in parentheses refer to earlier issues of Updates containing detail on initial and substantially amended versions of bills]

AB 1941 (Wright) Researchers: Professional Development Institutes

This bill, which is part of the Governor's education initiatives this year, encompasses programs that will offer professional development for 70,000 teachers through weeklong, university-based intensive training, with follow-up throughout the school year.

The bill specifically requests the formation of Professional Development Institutes in High School English, Mathematics and Algebra, and one for Elementary Mathematics Specialists--all four modeled on the existing California Reading Professional Development Institutes. [2/18/00 Legislative Update]

Status: PASSED [12 - 0], as amended, by the Assembly Higher Education Committee on March 28, and referred to the Assembly Appropriations Committee on the same date. [Note: Amendments were not available as of 3/31.]

AB 1942 (Reyes) Education Technology and Professional Development

This bill, which is part of the Governor's education initiatives this year, addresses the technology deficiencies in K-12, by committing $200 million to increase the number of computers in the classrooms and to train teachers to use them effectively. [2/18/00 Legislative Update]

Status: PASSED [Vote not available], as amended, by the Assembly Higher Education Committee on March 28, and referred to the Assembly Appropriations Committee on the same date. [Note: Amendments were not available as of 3/31.]

AB 1943 (Villaraigosa) UC: Institutes for Science

This bill, which is part of the Governor's package of education initiatives, seeks to establish California Institutes for Science and Innovation at three campuses of the University of California, with the objective of maintaining California's leadership role in technological and scientific research. [2/18/00 Legislative Update]

Status: PASSED [11 - 0], as amended, by the Assembly Higher Education Committee on March 28, and referred to the Assembly Appropriations Committee on the same date. [Note: Amendments were not available as of 3/31.]

SB 1369 (Poochigian) Tax Credits: Student Fees

As amended on March 22, this bill would allow a credit against Personal Income Tax and Bank & Corporation Taxes in an amount equal to 100% of the eligible fees--up to $350 and 50% of the amount over $350--paid or incurred by any taxpayer on behalf of any student who is a resident of California. As also amended on March 22, the credit would be extended for a 5-year period only, to December 1, 2005.

"Eligible fees" are defined as those paid for SAT applications, UC and CSU applications, and California private university applications.

The bill also requires the State Franchise Tax Board to report annually to the Department of Finance on the amount of credits allowed, and to the Legislature on the fiscal impact of these tax credits. [1/21/00, 3/24/00 Legislative Updates]

Status: FAILED passage in the Senate Committee on Revenue and Taxation on March 29. The author requested and was granted reconsideration, but no re-hearing date has been established yet.

SB 1438 (Rainey) Tax Credits: Educational Expenses

This bill would authorize a tax credit in an amount not to exceed $200 for costs incurred by a teacher or parent for school supplies to be used by students in a K-12 classroom.

As amended on March 13, the credit would be authorized only for a period of 5 years, from January 1, 2000 to January 1, 2005. In addition, the bill now requires the Franchise Tax Board to report to the state Legislature the total number of tax credits claimed, so that their impact can be assessed.

As amended on March 27, the deduction would be allowed only for costs incurred at accredited public or private colleges and universities. [2/11/00, 3/17/00 Legislative Updates]

Status: FAILED passage in the Senate Committee on Revenue and Taxation on March 29. The author requested and was granted reconsideration, but no re-hearing date has been established yet.

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LEGISLATIVE UPDATE

March 24, 2000

CAPITOL NEWS

1. The big news this week is the unanimous decision handed down by the U.S. Supreme Court relating to the use of mandatory student fees. The Court ruled that state institutions can continue to use mandatory-fee revenues to finance campus groups and organizations, even if some students oppose the beliefs and activities of those organizations.

The case, University of Wisconsin vs. Southworth, involved a challenge to the University's mandatory-fee policy by several self-described conservative Christian students, who objected to their fees supporting activities of such student organizations as the UW Greens (an environmental group), the International Socialist Organization, and the Lesbian, Gay, Bisexual, Transgender Campus Center. The students argued that the mandatory fees violated their First Amendment rights to free speech, free association, and free exercise of religion by effectively forcing them to support groups counter to their religious or ideological beliefs.

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit agreed with the students and struck down the fee policy as unconstitutional in 1998.

In California, the state Supreme Court made a similar ruling in 1993, prohibiting the use of student fees at the University of California for political and ideological purposes. That decision was later overturned by the U.S. District Court in San Francisco, which ruled that the use of student fees for lobbying ideological issues cannot be prohibited as long as the University provides refunds to those who object to having their money used for those purposes.

While the U.S. Supreme Court's decision overturns the Seventh Circuit U.S. Court of Appeals decision, it left a slender crack in the wall for opponents to poke a chisel. Associate Justice Anthony M. Kennedy, who wrote the decision, stated that, "The First Amendment permits a public university to charge its students an activity fee used to fund a program to facilitate extracurricular student speech if the program is viewpoint neutral." The last four words provide the basis for interpretative nitpicking that could keep the issue alive for a bit longer.

Meanwhile, in a widely reported interview after the decision was handed down, University of Wisconsin system president, Katharine Lyall declared the ruling "a landmark decision for higher education in this century..., a ringing endorsement of the idea that universities are special places for the free exchange of ideas, no matter how controversial."

2. In another important court ruling this week, Universities can refuse to disclose to the news media explicit information from confidential campus disciplinary proceedings. U.S. District Court Judge George C. Smith, in Ohio, rendered a decision against the Chronicle of Higher Education, which had sought disclosure of student disciplinary records under the Public Records Act. The paper claimed it would be "impossible to investigate how fair the [campus judicial] systems are--to the victims of crimes or to those accused of crimes--without information about the proceedings."

The Ohio Supreme Court had ruled in 1997 that campus student disciplinary records were not educational records, and thus not protected under the Family Educational Rights and Privacy Act (FERPA).

Judge Smith's decision--as reported in the Chronicle--cited "legal precedents holding that federal statutes should apply to all issues and documents except those specifically excluded. Since FERPA carves out some exemptions, but not one for disciplinary records, such documents should be considered 'education records.'"

In answer to opponents who claimed that secret proceedings would keep important information about crimes hidden from prospective students, Judge Smith said that colleges and universities are required by federal law to publish annually on crimes occurring on their campuses, including statistics on violent crimes, such as murder, rape, hate crimes, and aggravated assault. As quoted in the Chronicle, the Judge said, "The Court believes that these disclosures are adequate to inform students, prospective students and parents about the safety of various college campuses. Releasing the personally identifiable information of the students accused or convicted of violating university regulations, as well as information about victims, would not further advance the public's interest."

3. Both the Governor's Office of Emergency Services (OES) and the Excess Insurance Authority (EIA) of the California State Association of Counties (CSAC) filed comments this week on FEMA's proposed regulation to require states to insure their public buildings against natural disasters.

As reported in this week's Capitol Hill Bulletin, OES noted FEMA's inconsistency in describing its intention as "encouraging" the insurance, when the proposed rule actually mandates it. OES also noted the significant cost and the uncertainty in the commercial insurance market.

The Counties' comments mirrored OES, but, as quoted in the Bulletin, expressed special concern about the "all or nothing approach that requires an entity to have insurance or be banned from any federal assistance."

This week, members of the California Legislature made their annual trip to the nation's Capitol to discuss a variety of issues central to the state's economy. The proposed FEMA rule was a high priority subject. FEMA officials told the California delegation that all comments would be seriously considered, but it would not abandon efforts to establish the rule.

4. With the body of the March 7 Primary Election still warm, backers of Proposition 26, the initiative which sought to change the voter approval requirement for local school bonds from 2/3 to a 50% majority, are contemplating launching a concerted effort to bring the measure back before voters in November.

Proposition 26 lost by less than 2%, and proponents believe the initiative would have won, if conservative voters had not been driven to the polls by Prop. 22 (the initiative banning same sex marriage) and the Bush/McCain race.

Although Governor Davis supported Prop. 26, proponents were less than happy with his lukewarm efforts to promote it to voters. His current stance, as reported in the Los Angeles Times, is to support a clone of Proposition 26--but only if the threshold for approval is changed from 50% to 60%.

5. Now that Vice President Gore and Governor Bush have accumulated the number of delegates necessary to secure their respective party's nominations for President, attention is turning to likely vice-presidential candidates. CalPeek reports this week on two democrats whose names were floated aloft, like two helium-filled balloons. The first is U.S. Senator Evan Bayh, the former Governor of Indiana who was elected to the Senate in 1998. Considered a moderate, Bayh is the son of Birch Bayh, a liberal Democrat who served in the U.S. Senate for 18 years.

The second name being bandied about is U.S. Representative Nancy Pelosi, who has represented her San Francisco district since 1987. A liberal Democrat with a keen interest in human rights, Pelosi is in line for Majority Whip, should the Democrats win back control of the lower House next November.

* NEW LEGISLATION OF INTEREST *

Note: Bills must be in print 30 days before they can be heard by a committee.

SB 2189 (Soto) High School Graduation Requirements

Commencing with the 2004-2005 school year, this bill would add completion of a one-semester course in health education to the requirements for a student to receive a high school diploma. [1/14/00 Legislative Update--as AB 1745]

Introduced: March 16, 2000 [Note: This bill was initially introduced as AB 1745 by Senator Soto, while she was still in the Assembly. She was elected to the Senate in a special election on March 7 to fill the unexpired term of Joe Baca, who won a special election of his own last November to replace Cong. George Brown. Brown died last July of complications following heart surgery.]

* STATUS OF PREVIOUSLY INTRODUCED LEGISLATION *

[Note: Dates in parentheses refer to earlier issues of Updates containing detail on initial and substantially amended versions of bills]

SB 1369 (Poochigian) Tax Credits: Student Fees

As also amended on March 22, the credit would be extended for a 5-year period only, to December 1, 2005.

"Eligible fees" are defined as those paid for SAT applications, UC and CSU applications, and California private university applications.

Status: Senate Committee on Revenue and Taxation, awaiting a hearing as amended.

SB 1527 (Hughes) Teacher Credentialing

As initially written, the bill sought to establish the Alternative Teacher Intern Program. [Ref: 2/18/00 Legislative Update]

As amended on March 22, the bill was rewritten to authorize school districts to initiate and establish a joint integrated program of professional teacher preparation with an accredited postsecondary institution and apply for state and federal funding to pay the expenses of the program. As rewritten, the bill also allows the school district to require that students participating in the program teach in that district.

Status: Senate Education Committee, awaiting a hearing as amended.

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LEGISLATIVE UPDATE

March 17, 2000

CAPITOL NEWS

1. CSU's budget was approved last week by the Senate Budget Subcommittee on Education. In unanimously voting to adopt the Governor's budget for the CSU, the subcommittee rejected all of the Legislative Analyst's recommended reductions and deletions proposed in its 2000/01 Analysis of the Budget Bill, released in February.

CSU's Office of Governmental Affairs notes these highlights:

Compensation. The subcommittee approved the Governor's proposed 5% compensation increase for faculty and staff, and it also proposed an $18.8 million augmentation to fund an additional 1% compensation increase for all employees, pending the "May Revise." (Each May the Department of Finance issues an analysis of the state's expenditures and revenues up to that point, and depending on the size of any surplus, additional expenditures are considered for funding by the state Legislature.)

The subcommittee rejected a LAO recommendation to delete $10.4 million to cover the costs of compensation increases from prior years. [Background: In 1999-00, the state provided CSU with funds to cover a general compensation increase of 3.8% for its represented employees. During the collective bargaining process, however, the CSU ultimately agreed to pay 4%, which cost an additional $3.6 million. Also during 1999-00, CSU's bargaining talks with the faculty, which covered a two year period, 1998-2000, resulted in an agreement that exceeded the CSU budgeted amount for faculty salaries by $6.8 million.]

LAO's position is that the CSU should be responsible for any agreements that surpass the budgeted allotment, and cover these costs either by using annual "carry-over" funds, or by redirecting money appropriated for other purposes in its budget. CSU's position is that appropriations for salary increases are goals to strive for, and a .2% overage is not an indication of irresponsible bargaining. Given the salary gap between CSU and comparable institutions across the country, which the modest 3.8% doesn't substantially address, the requested $10.4 million was not seen as unreasonable. Redirecting funds from other purposes did seem unreasonable, since it would be the equivalent of taking the thread from one sock to mend a hole in another.

CSU, Channel Islands. While the Governor's Budget expressed support for CSU's request of $10 million for this campus, the Governor withheld including it, expressing concern that the system was not progressing with its Multi-Campus Regional Center (MCRC) at Stockton, a satellite of CSU, Stanislaus. The Senate Budget Subcommittee placed a $10 million augmentation on its "check list" of items to consider after the May Revise is issued. Executive Vice-Chancellor Richard West testified at the Subcommittee hearing that the feasibility study for the MCRC would be released in early April and available for the Subcommittee's review. This study is expected to address the Governor's concerns, which would then assure approval of the $10 million augmentation request.

CSU, Monterey Bay. The Subcommittee approved the $2.3 million for this campus which had been included in the Governor's Budget, rejecting the LAO's recommendation to delete this amount.

CSU, San Bernardino Off-campus Center in Coachella Valley. The Subcommittee approved the $380,000 proposed in the Governor's Budget, again rejecting the LAO's recommendation that it be deleted. In his testimony before the Subcommittee, Executive Vice Chancellor Richard West noted that the Off-campus Center already exists, having been approved by the California Postsecondary Education Commission, and the money requested represents fixed costs for operating the Center, which would be incurred irrespective of where it is located. (The LAO had alleged that plans for the Center had never been reviewed through "proper" legislative channels, and that the CSU had accepted a donation of land on which to re-site the Center without apprising the Legislature.)

2. Faculty Trustee Dr. Harold Goldwhite has been reappointed to the CSU Board of Trustees by Governor Davis. Dr. Goldwhite, first appointed to his 2-year term in 1998, has taught chemistry at CSU, Los Angeles since 1962. In addition to participating in professional organizations associated with his field, Dr. Goldwhite has also been active in the CSU Statewide Academic Senate, where he chaired its Academic Affairs Committee in 1990-91; served on the Executive Committee in 1991-93; and served as its Chair in 1993-95. Faculty appointments to the Board of Trustees do not require Senate confirmation.

3. Another bill addressing the H-1B visa issue was introduced in the House this week. Reps. David Dreier (R - Covina) and Zoe Lofgren (D - San Jose) led a bipartisan group of California Congress members in introducing H.R. 3983, which seeks to raise the number of H-1B visas for skilled foreign workers to 200,000 over the next three years. (The current level for this year only is 115,000, an amount that will drop to 107,500 next year, and then to 65,000 in 2002.)

As reported in this week's Capitol Hill Bulletin, H.R. 3983 also sets aside 70,000 H-1B visas for alien workers having a Master's degree or higher, and specifies that 10,000 of the visas are to be used by higher education institutions. The bill would also increase the fee paid by employers from the current $500 to $1000, with the revenues to be divided annually among the 4 following programs:

. $66 million to the Stafford Student Loan Forgiveness Program, doubling the program to $10,000 for math and science teachers in low income schools;

. $34 million to the Upward Bound Math and Science Program;

. $30 million to National Science Foundation Scholarships for low income undergraduate and graduate students studying math, engineering, and computer science; and

. $50 million for the Regional Skills Alliances worker training programs.

The Senate version of this bill, S. 2045, reported in last week's Legislative Update, raises the cap to $195,000 for each of the next three years, earmarks 20,000 visas for universities and research institutions, and maintains the current $500 fee charged to employers. There is another House bill, also reported in last week's Legislative Update, which would increase the number of visas by 40,000 over the current 115,000 level, but for one year only.

4. In a speech given last week at a multicultural high school in Washington, D.C., U.S. Secretary of Education Richard Riley spoke on the significant number of Latino high school dropouts. As reported in Capitol Hill Bulletin, Secretary Riley "focused attention on a study commissioned by the U.S. Department of Education which finds that the high school dropout rate of Hispanic students is as much as double that of African American students and triple that of white students." Riley also noted that the dropout rate is much greater among foreign-born Hispanic students than U.S. born--50% for the former vs. 16% for the latter group.

Secretary Riley used the dramatic statistics to argue for the use of dual language instruction in classrooms.

Dropout rates among Hispanics is an issue of particular concern in California, where Hispanics comprise close to one third of the state's population.

The above referenced U.S. Department of Education study ("Transforming Education for Hispanic Youth: Exemplary Practices, Programs and Schools") is available on the Internet at the following address: http:www.ncbe.gwu.edu/ncbepubs/resource/hispanicyouth/hdp.htm

5. FEMA Director James Lee Witt was one of the officials with whom representatives from the California League of Cities (CLC) met this week during their annual trip to the nation's Capitol. The proposed Public Assistance Insurance rule was at the top of the list of issues raised.

Witt told the CLC reps that while all of their comments would be seriously considered, FEMA would continue to pursue the new regulation, citing the $2.5 billion his agency expends annually in financial assistance for disasters. As reported in Capitol Hill Bulletin, Witt told the city representatives that "state and local governments must now begin to pay some portion of that cost through public building insurance."

Currently, the proposed regulation is in limbo, pending the outcome of a mandate imposed on the agency from the General Accounting Office. GAO is requiring FEMA to conduct a detailed cost benefit analysis of the proposed rule, as well as an evaluation of alterative proposals, and an explanation of why the chosen proposal is preferable.

* NEW LEGISLATION OF INTEREST *

Note: Bills must be in print 30 days before they can be heard by a committee.

SB 2118 (Poochigian) Postsecondary Education: Cal Grant Policy

Existing law pertaining to the Cal Grant Program states that the program shall maintain a balance between the state's policy goals of ensuring student access to, and selection of, an institution of higher education for students with financial need.

This bill would change the policy to specify a goal of ensuring access to and selection of an institution for students with financial need and academic merit.

Introduced: February 25, 2000

* STATUS OF PREVIOUSLY INTRODUCED LEGISLATION *

[Note: Dates in parentheses refer to earlier issues of Updates containing detail on initial and substantially amended versions of bills]

SB 1326 (Hayden) Human Relations School Curriculum

As initially written, this bill related to school districts making a "human relations curriculum," addressing a variety of social issues in order to foster understanding and tolerance in the state's public schools.

As amended on March 6, the bill now seeks to require the State Department of Education to review and report to the state Board of Education on the extent that curriculum in K-12 grades focuses on human relations, racism and anti-Semitism, and on promoting greater knowledge of the nature of diversity in California.

As amended, the bill would also require the UC, the CSU, and the California Community Colleges receiving public funds for student financial aid, to compile records of all occurrences and arrests reported to various campus authorities for crimes that are committed on campus that involve violence, hate violence, theft or destruction of property, illegal drugs, or alcohol intoxication, as well as occurrences of noncriminal acts of hate violence.

In addition, the bill now requires the Director of the California Postsecondary Education Commission to give high priority to implementing the bill. His failure to do so shall be reported by the Commission to the higher education segments, the civil rights division of the Attorney General's Office, and the appropriate policy and budget committees of the Legislature. Failure of the Commission to make its reports in a timely manner shall be evaluated by the Legislative Analyst. [1/7/00 Legislative Update]

Status: Waiting to be heard, as amended, in the Senate Committee on Education

SB 1438 (Rainey) Tax Credits: Educational Expenses

This bill would authorize a tax credit in an amount not to exceed $200 for costs incurred by a teacher or parent for school supplies to be used by students in a K-12 classroom.

Status: Awaiting a second hearing in the Senate Committee on Revenue and Taxation

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LEGISLATIVE UPDATE

March 10, 2000

CAPITOL NEWS

1. Election Post Mortem.

Turnout. California Secretary of State Bill Jones predicted a 52% turnout at the polls this week, based on the record-high 419,487 absentee ballots that had been cast. Without counting absentee ballots, which are still coming in, voter turnout statewide reached 48.4%--but this figure is expected to reach 53% once those ballots have been tallied. The percentage was somewhat lower in Los Angeles County: 43.1% (but again, without counting absentee ballots).

Proposition 26, the initiative seeking to lower the vote approval requirement for local school bonds from 2/3 to 50%, went down in a narrow vote. This measure, which would have overturned a 120 year-old law, had a broad-based, widely diverse group of supporters and the editorial support of most newspapers in the state--which demonstrates that these are not always persuasive factors.

Varying opinions were voiced on the reasons for the outcome. California Teacher Association spokesperson and co-chair of the Yes on 26 Campaign, Barbara Kerr, cited the success of the opposition's scare campaign. In a statement reported in the San Francisco Examiner, she said, "My 87-year-old mother received mailings saying that if this were approved, her property taxes would be doubled."

On the other side, Jon Coupal, president of the Howard Jarvis Taxpayers Association, which headed the No on 26 Campaign, said that the vote reflected the voters' view that the state should assume responsibility for funding its public schools, and not just one group, the homeowners.

In addition to California, three other states maintain the 2/3 vote requirement: Idaho, Missouri, and New Hampshire.

Perhaps the oddest outcome is the defeat of Proposition 15, a bond act proposal to finance construction and upgrading of forensics labs throughout the state. Of the 5 bond measures on the ballot, all passed handily with the exception of this one. On the same ballot were several very tough crime measures, all of which passed by wide margins. Given the oft-voiced complaint that prosecutors lose cases from mishandled DNA, blood and other fluid tests, the expectation would have been for voter approval of a measure addressing this concern. One of the proponents of Proposition 15, commented wryly that perhaps Quincy should have been the spokesperson for the measure to connect the issue more effectively with the public. ("Quincy" was a tv series about a medical examiner for the Coroner's office, with the title character played by Jack Klugman.)

Because of term limits, CSUN's area legislators will see a nearly total turnover of representatives. In the 38th Assembly District, which includes CSUN, Republican candidate Dr. Keith Stuart Richman will face Democrat Jon Lauritzen in November. The termed-out incumbent, Tom McClintock, won the GOP primary nomination for the 19th Senate District. That district, which encompasses CSUN, is currently represented by Cathie Wright, who is termed out of office this year. McClintock will face Democrat Daniel Gonzalez in the fall.

Other area races: Democrat Sheila Kuehl will be her party's candidate in the 23rd Senate race, having defeated Wally Knox by a surprisingly significant margin. The anticipation, given their popularity and very similar voting records, was that the race would be very tight. Both Kuehl and Knox are termed out of their Assembly seats (41st and 42nd, respectively) this year. The Republican candidate facing Kuehl in November will be Daniel Rego.

Despite being outspent by more than 2 to 1, Democrat Fran Pavley defeated DWP head David Freeman by 3 percentage points, and will face Republican Jayne Murphy Shapiro for the 41st Assembly District seat in November. Although this district has been considered "Democrat" country, Shapiro, a well-known child safety advocate with personal wealth to contribute to her campaign, could make it a challenging race.

In the neighboring 42nd Assembly District, Westside Democrat Paul Koretz defeated Valley Democrat Amanda Susskind, and will face Republican Douglas Cleon Taylor in November. Again, because of the voter registration numbers, this district is considered to be "safe Democratic."

Incumbent candidates Tony Cardenas (D - 39th District) and Robert Hertzberg (D - 40th) ran uncontested in their primaries, and are also expected to win in their heavily Democratic districts in November.

2. The Latino vote. In an analysis appearing in the San Jose Mercury News the day after the election, Latino voters in both California and New York were acknowledged as providing the final "thrust" to catapult Presidential Candidate Al Gore "into a stratospheric victory, giving him far loftier support than he received from the primary electorates as a whole."

According to the analysis, exit polls revealed that Latino Democrats in both states voted overwhelmingly for Gore over challenger Bill Bradley, while Republican Latinos split their votes between Bush and rival John McCain. Gore was chosen by voters by an 8 to 1 margin in the 11 states participating in Tuesday's "Super Primary," according to polls conducted by a consortium of media, both print and electronic.

The Mercury News reported "it is unknown how many Latinos are registered to vote in California because registration forms don't ask race or ethnicity. But a recent Field Institute poll estimated the number at 2.4 million--or 16 percent of the state's electorate.... [More] than a million Latinos registered to vote in just the past six years, according to the Field poll."

Bush, who is bilingual, has devoted a lot of effort toward wooing Latino voters and, in particular, in dispelling the Republican Party's reputation for being inhospitable to Latinos. That negative perception derives from essentially three issues on which former Governor Pete Wilson and the GOP aggressively pursued over the last half-dozen years: Proposition 187, the sweeping "Save Our State" illegal immigration initiative, Proposition 209, the anti-affirmative action initiative, and Proposition 227, the anti-bilingual education initiative.

Indeed, Steve Scott, a writer for California Journal, a nonpartisan monthly analysis of California government and politics, observed that "Since Proposition 187 in 1994, the GOP has charted a course that has alienated Latinos with almost clinical precision." Scott described the party's leadership as "strangely tone-deaf to the vibe it was sending out."

The number of Latinos elected to the state Legislature nearly doubled between 1994 and 1998, from 14 to 23. The Latino population has also grown dramatically during the past two decades. In 1980, 4.5 million of the state's 23.7 million was Latino; in 1990, the figure rose to 7.7 million out of 29.7 million, and the number is expected to top 10 million out of 34 million in the 2000 Census.

Bush has made special outreach to Latinos in Texas, appearing in Spanish-language broadcast Town Halls and airing Spanish-language television advertisements. His efforts have been successful in large part--but if the Mercury News' analysis of Latino voters for Gore holds true, Bush may face a more formidable challenge for these voters next November.

3. S. 2045, Senator Feinstein's bill which would increase the number of H-1B visas available annually for high tech workers, was heard this week in the Senate Judiciary Committee. [See 2/18/00 Legislative Update, which is archived on my website.] In 1998, the 65,000 cap was increased to 115,000, but set to drop back to 107,500 in 2001, and then to 65,000 in 2002. Feinstein's bill seeks to raise the cap to 195,000 for the next three years. The bill excludes from the cap employees of universities and research institutions, which may allow another 20,000 H-1B visas to be granted.

Capitol Hill Bulletin reports that during the hearing this week, the bill was successfully amended (by Senator Feinstein) to "earmark visa fee monies for worker training programs and K-12 education grants under the National Science Foundation to prepare U.S. citizens for high technology jobs."

The revenue from the visa fees--estimated to be about $150 million--would be apportioned between the training programs and scholarships for low-income and disadvantaged students. The information and biotechnology industries support the Feinstein amendment and have agreed to provide matching dollars to the NSF grants.

Capitol Hill Bulletin also reports that the Judiciary Committee rejected an amendment authored by Senator Edward Kennedy, that would also have provided money for worker training programs, but which also would have increased the H-1B visa fee from the current $500 to a range of $1,000 to $3,000, depending on the size of the company hiring the visa holder.

Another amendment, offered by Senator Joseph Biden, was approved. His amendment "authorizes $20 million annually to the Boys and Girls Clubs of America to provide computers, teachers, and facilities to bridge the digital divide separating at-risk youth from computer and Internet access."

There is also a House bill (H.R. 3814) which seeks to increase the number of H-1B visas that can be granted, but by a much more modest level (by 40,000), and for only one year (FY 2000). That bill has been assigned to 3 separate committees for consideration: the House Judiciary Committee, the Education and the Workforce Committee, and the Science Committee.

4. The importance of being counted accurately in the 2000 Census was underscored this week by the U.S. Census Monitoring Board. In a report the Board released this week, prepared by the consulting firm of Price/Waterhouse/Coopers, California stands to lose as much as $5 billion in federal funding as a result of undercounting.

According to Capitol Hill Bulletin, "approximately $185 billion in Federal funds (more than 80% of total funds) are allocated each year based on each state's respective share of the U.S. population, as determined by the decennial census. Some of the programs most affected by the census include Medicaid, Foster Care, Social Services Block Grants, Child Care and Development Block Grants, Rehabilitation Services Basic Support, Vocational Education Block Grants--and the humongous Title I education program, described by the Bulletin as "the largest federal education program and 4th largest federal grant of any kind."

The U.S. Census Bureau mailed "Advance" letters during the first week in March, alerting households to the questionnaire that will be arriving soon (either by mail or by a Census Bureau worker). Fill them out and return them--and proactively encourage others to do so as well.

* NEW LEGISLATION OF INTEREST *

Note: Bills must be in print 30 days before they can be heard by a committee.

AB 2223 (Leach) "At Risk" Pupils

This bill would authorize any county superintendent of schools or a school district to apply to the Secretary for Education to establish a collaborative pilot program with institutions of postsecondary education "for the purpose of combining intervention programs for pupils most at risk for failure or retention in school."

Introduced: February 24, 2000

AB 2345 (Ducheny) Sales and Use Taxes: Books

This seeks to exempt from the Sales and Use Tax Law the gross receipts from the sale in this state of any book purchased by any K-12 public school, school district, student, or teacher, as specified.

Introduced: February 24, 2000

AB 2348 (Ducheny) Sales and Use Taxes: College Textbooks

Introduced: February 24, 2000

AB 2368 (Committee on Higher Educ.) UC, CSU: Student Fees

This bill states the intent of the Legislature that, in order to keep student fees at the CSU and the UC as reasonable as possible, the proportional share of funding for those institutions in the annual state General Fund budget be at least maintained at the 1999-2000 fiscal year level.

Introduced: February 24, 2000

AB 2372 (Granlund) Community Colleges: Tuition Fees

This bill would delete the provisions in current law authorizing community college governing boards to charge fees to students, except for tuition fees charged to nonresident students.

This bill would explicitly prohibit any charge, fee, or tuition from being required of any student of, or applicant for admission to, any campus of the California Community Colleges (other than tuition fees charged to nonresident students).

Introduced: February 24, 2000

AB 2378 (Leach) Student Financial Aid: Reentering Students

This bill would require the Student Aid Commission to establish a grant program for students who are entering an institution of higher education after an absence from the workforce or education institution in order to care for family members.

Introduced: February 24, 2000

AB 2409 (Migden) UC, CSU: Year-Round Programs

Introduced: February 24, 2000

AB 2497 (Romero) CSU: Labor Relations

This bill seeks to make the CSU subject to the Federal Fair Labor Standards Act.

Introduced: February 24, 2000

AB 2565 (Zettel) Lottery: Postsecondary Education Technology Pooled Revenue Bond Fund

This bill would increase the percentage of lottery monies that may be pledged under this program from 25% to 50%.

Introduced: February 24, 2000

SB 1892 (Alarcon) High School Graduation Requirements

This bill would require pupils in grades 9 to 12 to complete 2 courses in high technology vocational training skills, which may include, for example, instruction and training in computers and electronics or in mechanical skills, in order to receive a high school graduation diploma.

Introduced: February 24, 2000

SB 1938 (Speier) Reading Instruction: Learning Disabilities

This bill would require institutions of higher education to include in their teacher training programs instruction in the recognition of specific learning disabilities and appropriate teaching methodologies that address learning disabilities, including, but not limited to, dyslexia.

This bill would also require school districts to provide teachers with instruction and training on methods of identifying learning disabilities.

Introduced: February 25, 2000

SB 2073 (Alarcon) Emergency Teachers: Training

This bill would require school districts to develop a 30-day training program for the teachers they hire on an emergency basis. The bill would require a person participating in the training to spend half of the training period observing experienced, fully credentialed teachers in a classroom of the same grade level as the teacher being trained.

Introduced: February 24, 2000

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LEGISLATIVE UPDATE

March 3, 2000

CAPITOL NEWS

1. Governor Davis has named the student member of the CSU Board of Trustees: Mr. Neel I. Murarka. Mr. Murarka, 21, is a student at California Polytechnic State University, San Luis Obispo, majoring in computer science. According to the Governor's press release, Mr. Murarka has been a junior consultant with Ish Inc., an environmental consulting firm in Cupertino, since June 1998. He is also a former member of the Board of Directors of the Cal Poly Foundation, and served as Corporate Officer and as vice-chair of the Board of Directors for the Associated Students, Inc.

Mr. Murarka succeeds Eric Mitchell, who was a student at San Diego State University. Members of the Board of Trustees do not receive a salary. Student Trustee appointments do not require Senate confirmation.

2. The Internal Revenue Service proposed regulations this week that threatened the tax-free status of exclusive agreements many universities have with corporate sponsors--payments from soft drink companies, for example, in exchange for exclusive rights to market their products on the campuses.

As reported in the Chronicle of Higher Education, income from these agreements "may be taxable in cases where the income is not related to an institution's core mission, or where the company receives a 'substantial return benefit.'"

The IRS has asked for written comments on the proposed regulations by May 30, and has also scheduled a public hearing in Washington, on June 21, to hear comments. The full text of the regulations are available on the IRS' website: http://www.irs.gov/tax_regs/regslist.html
(Scroll down to "Taxation of Tax-Exempt Organizations' Income from Corporate Sponsorship.") The site also permits comments to be e-mailed directly to the IRS.

3. Two Education Bond Act bills were introduced last week: AB 2266 (Firebaugh - D, East Los Angeles), which would place a K-University Facilities Bond Act (amount not specified) before voters on the November 7, 2000 ballot, and AB 2676 (Bock - I, Oakland) which is a "place setter" for a Higher Education Facilities Bond Act, with the amount and election ballot to be determined.

4. The State Nut. On the last day that new bills could be introduced, Assembly Member George House (R - Modesto) introduced AB 2636, a bill declaring the almond as the official state nut. The urge to utter wisecracks aside, readers will remember that two weeks ago I reported twelve crops produced in this country are grown exclusively in California--almonds being among them. Almond groves dot two counties in House's district, Madera and Stanislaus--but Sacramento County is also a major producer, which should augur well for this bill as it moves through the legislative process.

* NEW LEGISLATION OF INTEREST *

Note: Bills must be in print 30 days before they can be heard by a committee.

AB 172 (Firebaugh) CSU: International Study Program
TRUSTEE BILL

This bill would establish a scholarship program, under the administration of the CSU, for the purpose of making it possible for 50 students of the CSU to attend universities in Mexico for one academic year, and for 50 Mexican students to attend the CSU for one academic year.

Status: This bill was introduced last year by the same author, but with different content. The bill was amended on February 29, 2000, to incorporate the Trustees' proposal.

Background: In 1999, Governor Davis and legislative leaders established as a priority the enhancement of economic and educational relations between California and Mexico. The Governor was accompanied on one trip to Mexico by CSU leaders, and one result of these joint efforts was a proposal for CSU students and students at Mexican universities to participate in an educational program in each other's country.

AB 632 (Romero) Emergency Permit Teachers: Exemption from Nonresident Tuition
TRUSTEE BILL

Status: This bill was introduced last year by the same author, but with different content. The bill was amended on January 27, 2000, to incorporate the Trustees' proposal, and is currently waiting to be heard in the Senate Education Committee.

AB 2384 (Committee on Higher Ed) CSU: Omnibus Legislation
TRUSTEE BILL

Education Code 89702.1, which is proposed to be repealed, referred to a specific set of fiscal years, and is outdated.

Financial Aid Resources in Local Trust Accounts: Allows deposit of work-study and grant funds in local trust accounts. The authority currently exists to allow such deposits for scholarship funds and student loan programs.

Auxiliary Organizations - Closed Sessions: Allows auxiliary organization boards (such as campus Foundation Boards) to meet in closed session to protect donor or prospective donor confidentiality.

Repeal of Government Code Section 18598: Repeals an outdated reference to the "State Nautical School," now the California Maritime Academy.

CSU Procurement Authority: Clarifies and organizes CSU's authority for procurement and contracting. Should this legislation be enacted, it will provide the CSU clarity and strengthen legislative intent by providing a central location for procurement policies applicable only to the CSU.

Introduced: February 24, 2000

AB 2519 (Shelley) Pilot Program: Voting on the Internet

This bill seeks to implement a pilot program whereby a county may enable voters who reside in the country to register to vote and vote on the Internet.

[Note: Currently in California, voters may downlink a Voter Registration form from the website of the Secretary of State, but must return it through the U.S. mail. Voting via the Internet has been suggested numerous times, but this bill represents the first effort to actually implement such a proposal.]

Introduced: February 24, 2000

SB 303 (Johnston) Use of State School Bonds for Purchase of Property Not Owned by a School District
TRUSTEE BILL

This bill would authorize funding under the Leroy F. Greene School Facilities Act of 1998, for construction or modernization upon property leased to a school district, if certain conditions are met.

[Background: The California Academy of Mathematics and Science (CAMS) is a specialized high school located on the campus of CSU, Dominguez Hills, which is jointly administered by the CSU and the Long Beach Unified School District. CAMS leases the temporary classroom facilities it currently occupies, and intends to fund a permanent facility on the campus. However, a recent Legislative Counsel opinion stated that a school district may not expend state bond funds to construct a school facility on property that is leased, but not owned, by the school district.

The Trustees' proposal seeks to make the appropriate statutory changes to allow K-12 bond funds to be spent on projects which are located on leased property, including but not limited to CAMS. The CSU would explore, in conjunction with the Long Beach Unified School District and others, the means to fund permanent facilities for such joint programs through K-12 bond funds.]

Status: This bill was introduced last year by a different author with a different subject matter. When that bill died, Senator Johnston (D - Stockton) took it over and amended it on February 22 to incorporate the CSU Board of Trustees' proposal. The bill is currently waiting to be heard in the Assembly Appropriations Committee.

SB 1717 (Johannessen) Postsecondary Education: Residency Exemption

This bill provides that members of the armed forces who are stationed in California on active duty (except members assigned for educational purposes to state-supported institutions of higher education) are entitled to resident classification at the UC and the CSU, if enrolled in a teacher training program leading to a credential.

Introduced: February 23, 2000

SB 1721 (Hayden) CSU: Central American Studies Center

This bill expresses the intent of the Legislature to enact legislation to establish a Central American Studies Center in the California State University. [Note: No specific campus is identified.]

Introduced: February 23, 2000

SB 1723 (Chesbro) CSU: Building and Operating Fees for Student Body Centers

This bill would increase the maximum amount of this fee to $125.

Introduced: February 23, 2000

SB 1737 (Hayden) Postsecondary Education: Service Learning Opportunities

This bill expresses the intent of the Legislature to enact legislation to provide college and university students with increased service opportunities that are integrated with their academic coursework.

Introduced: February 23, 2000

[Note: Senator Hayden has attempted several times in the past to establish a Statewide Service Learning Center for administering a grants program on the campuses of public and private universities in the state to encourage them to create local service learning centers. Because of the sizeable appropriation he has requested to implement his proposal, garnering support for his bills has been an uphill battle.

His most recent effort, SB 1740 (in 1998), was passed by the Legislature, but vetoed by former Governor Wilson, on the basis that it was duplicative of many existing service learning and community service programs. The Governor also objected to the role Hayden's bill gave to the California Postsecondary Education Commission in monitoring the Statewide Service Learning Center, stating that it was "inconsistent with the Commission's primary function as an advisory body."]

SB 1747 (Alpert) CSU: Pay Equity

This bill would require the California Postsecondary Education Commission (CPEC) to conduct a comprehensive study of the impact of discrimination, the segregation of jobs by gender or race, and the undervaluation of women's work, on the wage gaps between male and female employees and between white and minority employees of the CSU.

Introduced: February 23, 2000

SB 1768 (Hayden) Student Academic Partnership Program

This bill would expand the program by authorizing it to include assistance to pupils in grades 7 - 12, inclusive.

Introduced: February 23, 2000

[Note: This bill is a reintroduction of last year's SB 81, also authored by Senator Hayden, which died in the Senate Education Committee.]

SB 1779 (Johnston) CSU: Consolidated Campus Enterprise Debt Program TRUSTEE BILL

Introduced: February 24, 2000

The proposal would not, however, permit one program to use the fee revenue collected from another. University Student Union fee revenue, for example, still must be used for USU programs.]

SB 2047 (Polanco) Civil Rights: Outreach

[Note: This bill is a reintroduction of SB 1735, from 1998, which was vetoed by former Governor Wilson. In his lengthy veto message, the Governor essentially stated that the bill was unconstitutional because it violated Proposition 209. "Next year," the Governor advised, "the Legislature should take appropriate steps to enhance outreach and recruitment for all segments of California's society, repeal those antiquated race- and gender-based preference laws which violate the Equal Protection Clause and Proposition 209, and stop trying to narrow California's constitutional prohibitions against discrimination through legislation."

Senator Polanco is hoping for a kinder response from Governor Davis.]

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LEGISLATIVE UPDATE

February 25, 2000

CAPITOL NEWS

1. Important Deadline: The deadline for requesting an absentee ballot for the March 7 Primary Election is February 29. Request forms are available in the Office of Governmental Relations. Forms may also be requested by doing any of the following:

. Fill out the "Vote by Mail Application" on the back of the sample ballot booklet each registered voter should have received in the mail by now.

. Send a letter to the County Registrar of Voters at this address: Registrar-Recorder/County Clerk, Absent Voter Section, Post Office Box 30450, Los Angeles, CA 90030-0450.

. Appear in person at the County Registrar's office in Norwalk, located at 12400 Imperial Highway, Third floor, Room 3002.

2. Another important deadline: Today is the last day bills may be introduced in the state Legislature. Bill introductions have been relatively slow this session--until yesterday, when over 600 bills were introduced. That figure is expected to double today. I will be reporting on these bills over the next several weeks.

3. The Legislative Analyst's Office issued its annual Budget Analysis last week. As described by the political newsletter, StateNet, the LAO's recommendations "delivered a bone-rattling check" to Gov. Gray Davis' proposed state budget. The newsletter goes on to say that Legislative Analyst Elizabeth Hill was "especially harsh" on the Governor's education and transportation initiatives, criticizing the former for inappropriately detracting from local control, and disparaging the latter as "pipe dreams or simply unnecessary."

Several of the LAO's recommendations do not bring roses to the cheeks of the CSU either. The two biggest blows: Reductions of over $124 million from the CSU budget, over half in the system's base budget ($65.8 million), and rejection of the higher education partnership proposed by Gov. Davis.

The LAO recommended similar sharp reductions for the UC ($82.6 million from its base budget, for example), with the money captured being shifted to K-12 schools. The LAO's rationale:

". K-12 schools appear to face greater challenges of program quality.

. K-12 schools appear to face greater challenges in obtaining quality faculty.

. K-12 schools and community colleges have accountability measures, while the universities do not."

On the issue of enrollment, the LAO is not persuaded that the enrollment projections for the long term are accurate, citing "significantly lower growth rates projected by the Department of Finance and the California Postsecondary Education Commission." The LAO thus recommends reducing the General Fund support to reflect an enrollment growth of 2.9%, rather than the 4.5% included in the Governor's Budget. Again, the money would be re-directed to other budget priorities withing K 12 and higher education. One priority specifically mentioned is an appropriation of $24 million to reduce student fees at UC and CSU for students who enroll in summer classes.

The LAO has recommended against continuing the "Compact," begun under Governor Wilson with the UC and the CSU, respectively. The notion behind the compact is that the state would guarantee a specified level of funding for the two systems in return for efforts to increase productivity, and contingent on "finalizing the accountability goals [of both systems] in the spring."

The rationale behind the LAO's recommendation for rejecting the compact:

". The annual Budget is a partnership already. The key features of the proposed partnership [compact]--funding commitments and accountability--already exist in the annual budget process."

. The Master Plan [for Public Higher Education] provides long-term direction. The Master Plan has been the state's road map for higher education policy since being published in 1960. The Master Plan has provided enduring policy goals and guidelines that the Legislature and the Governor have sought to fund to the extent possible within available resources.

. The CSU and UC have fared well without a compact." Comparing the two systems with the California Department of Corrections, and funding per aid recipient in the Supplemental Security Income/State Supplementary Program (SSI/SSP), the LAO argues that "funding levels per student have outpaced the other two agencies."

The LAO also weighed in on the subject of Year-Round Operations: The agency recommends that the Legislature "adopt budget bill language that provides full marginal-cost funding for all enrollment growth at the CSU and UC, regardless of the season in which it occurs." The CSU has generally supported moving to YRO, if sufficient funding is provided to cover the increased costs of hiring faculty and building maintenance and repair.

4. Ken Maddy died this week, and the state Capitol was diminished by the loss. The former state Senator and Senate Republican leader, who represented Fresno, succumbed to lung cancer. The 65 year-old lawmaker was diagnosed with the disease just last spring, but it had already spread too far to be stopped by the various methods of treatment, all of which were employed to try and save his life. Maddy commented on the irony of a man who had never smoked dying of cancer, but then recalled the many nights in the smoke-filled rooms at Frank Fats, the legendary Chinese restaurant a short walk from the Capitol building, where compromise was discussed and agreements were forged.

Maddy was a statesman throughout his career in the Assembly and the state Senate. Never a politician. He was admired and respected by Democrats and Republicans alike. Although he had his share of political disappointments--losing a race for Governor in 1978, losing an expected appointment as state Treasurer, when former Governor George Deukmejian nominated Dan Lungren instead, and being deposed suddenly as Senate Republican Floor Leader in 1995 by the conservative wing of his party--Maddy never responded in bitterness, nor lost his balance, nor wavered from his dedication to do his best for the state of California. His goals were not partisan, but ecumenical.

A sampling of comments from some of those who worked with him:

Former Governor Pete Wilson: "One of the truly great legislators of the 20th century. Maddy not only had brains and guts, but heart."

Governor Gray Davis: "Maddy was one of my heroes. He was a man of grace, good humor and a man of extraordinarily good judgment."

Senate President Pro tempore John Burton, a Democrat who worked with Maddy in both the Assembly and in the Senate: "One of the worst things to happen politically to the people of California was Ken Maddy not being elected to the office of Governor."

Political columnist George Skelton: "[His death] Yes, a real bummer. But not his life. Ken Maddy was a politician...who made a difference for the better."

5. Former state Senator Gary Hart (D - Santa Barbara) resigned his post as state Secretary of Education this week. Hart indicated when he accepted the appointment that he would stay only a year, but insiders thought--hoped--he would stay a minimum of two years. He was instrumental in shepherding the Governor's education bills through the Legislature last year, and would have been the key force behind the Governor's education program this session as well.

The Governor released his program of 6 bills at a special press conference two weeks ago--and was met with murmurs of resistance. Senate President pro Tempore John Burton, in a press conference a day after the Governor's, pledged that the bills would face scrutiny and expressed concern that the proposals seemed to disproportionately reward the more affluent districts over the economically disadvantaged.

Hart's resignation is effective March 15. The Governor indicated he would announce his replacement next month.

6. The state Senate unanimously confirmed the Governor's nomination of Dee Dee Myers as a Trustee of the California State University last week. As reported in earlier Legislative Updates, Ms. Myers served as White House Press Secretary under President Clinton, 1993-94, the first woman and the youngest person ever to hold that position. She currently operates her own business, Myers & Associates, and is a contributing editor to Vanity Fair magazine, in addition to serving as a regular guest on NBC's Today Show. She is also a frequent lecturer on politics, current events and women's issues.

* NEW LEGISLATION OF INTEREST *

Note: Bills must be in print 30 days before they can be heard by a committee.

AB 1935 (Wildman) CSU: Labor Relations

Introduced: February 15, 2000

AB 1958 (Romero) UC, CSU: Deferred Enrollment

This bill would request the UC and require the CSU to permit any person who is admitted to full-time undergraduate status to defer enrollment for at least one academic year--unless the person is informed in writing that he/she will not be offered the option.

In essence, this bill would allow an applicant who has been admitted to a UC or CSU campus to defer enrolling for a year while not losing his/her "place in line," and would also preclude the individual from having to go through the application process a second time.

Introduced: February 18, 2000

AB 2007 (Runner) CSU, CCC: Joint Use Projects

This bill would require the California Community College system to establish a program of high priority for joint-use projects with the California State University system.

Introduced: February 18, 2000

AB 2050 (Cardenas) Advanced Placement/Honors Courses

This bill would authorize a school district in which 75% or more of the pupils receive free or reduced-cost meals to apply for a grant with which to start or expand the number of advanced placement and honors courses offered in its high schools that maintain 2 or fewer advanced placement or honors courses.

The bill would prohibit a school district from designating a course that covers a subject required for admission to the UC or the CSU as an honors course unless both systems approve the course for extra grade weighting.

The bill does not contain an appropriation, but makes implementation contingent on an appropriation (in the state budget for this specific purpose). When funds are appropriated and available, this bill would require the state Department of Education to disseminate information to the school districts on the availability of grant funding, and on the eligibility criteria for receipt of funding.

Finally, the state Superintendent of Public Instruction would be required to report to the Legislature on the impact of these grants in increasing the number of Advanced Placement courses, and on the numbers of pupils who were subsequently admitted to the UC or to the CSU.

Introduced: February 22, 2000

AB 2138 (Keeley) Public Higher Education: Labor Relations

Under existing law, statutes governing the terms and conditions of employment for CSU employees in higher education are superseded to the extent they conflict with an MOU (Memo of Understanding).

This bill would mandate that such statutes providing a minimum level of benefits would only be superseded where terms of an MOU provide benefits in excess of the statutory minimums.

This bill would revise the procedures allowing for either party to file a request that the findings of the factfinding panel be binding. The chair of the panel would be authorized to appear before the governing body of the employer [CSU Board of Trustees] to advocate acceptance of the panel's recommendations. If the findings and recommended terms of settlement are not rejected by the governing body within a specified period, the findings of fact and recommended terms of settlement would be final and binding.

Introduced: February 24, 2000

AB 2143 (Lempert) Public Higher Education: Labor Relations

This bill relates to one of the issues addressed in AB 2138 above; in nearly identical language, the bill mandates that current statutes providing a minimum level of benefits would only be superseded where terms of an MOU provide benefits in excess of the statutory minimums.

Introduced: February 24, 2000

SB 1604 (O'Connell) CSU: Board of Trustees

This bill seeks to increase the membership of the CSU Board of Trustees by requiring the Governor to appoint an administrative employee or a non academic employee of the university for a 2-year term.

[Note: Currently the Board of Trustees comprises 5 ex-officio members (Governor, Lt. Governor, Assembly Speaker, the Superintendent of Public Instruction, and the CSU Chancellor); 16 members appointed by the Governor, subject to confirmation by the state Senate; one representative of the alumni associations, selected by the statewide Alumni Council; 2 student members appointed by the Governor, and one faculty member appointed by the Governor. The addition of the non-academic employee would bring the grand total to 26 members.]

Introduced: February 18, 2000

SB 1634 (Alpert) High School Graduation Requirements: Mathematics

Existing law requires that no pupil shall receive a high school graduation diploma who has not completed specified coursework, including two mathematics courses. This bill would require that at least one of the required courses in mathematics be a course in algebra.

[Note: There have been several attempts in the past to add courses to the requirements for high school graduation. Most of the additions have been in the areas of the arts and foreign languages. None has been approved to date, primarily for reasons associated with cost.]

Introduced: February 22, 2000

SB 1929 (Haynes) UC, CSU, CCC: Research Misconduct

This bill references the review by the State Auditor, requested by the Joint Legislative Audit Committee, of CSUN's controversial conference on pornography, held at an off-site location in 1999. The bill's author, Senator Ray Haynes (R - Riverside), requested the Joint Audit Committee's review after receiving constituent complaints about the conference.

The allegations were that the conference failed to include opposing viewpoints and inappropriately used state funds to support it.

The State Auditor found that no state money was used to pay for the conference, and that while the subject matter may be offensive, "A university attempting to prohibit a conference based on its content would raise issues concerning academic freedom and free speech."

The State Auditor also stated, however, that the University "could have better stemmed the tide of controversy if it had a process to investigate allegations of misconduct in research. Procedures for pursuing allegations of research misconduct provide the nation's top public research universities, including the University of California, a vehicle for investigating and reporting allegations of improper research activities by their faculty, staff, or students. The CSU system has not required its component universities to establish procedures to address such allegations, and CSU Northridge has not adopted them on its own."

Included in the State Auditor's recommendations is establishment of such procedures. SB 1929 would request the UC and require the CSU and the California Community Colleges to adopt appropriate policies and procedures to investigate allegations of research misconduct by its faculty, staff, and students, as recommended by the State Auditor.

Introduced: February 24, 2000

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LEGISLATIVE UPDATE

February 18, 2000

CAPITOL NEWS

1. Governor Davis unveiled his package of education bills at a special press conference this week. While last year his education program emphasized accountability and reform, his current focus is on attracting and retaining more teachers, rewarding student achievement (particularly in math and science), and in providing support for high technology to the K-12 classrooms--both in terms of computers and in training the teachers to use them.

Attached to this Update is a copy of the text of the press release.

2. Next Tuesday, February 23, the Senate Budget Subcommittee on Education, chaired by Senator Jack O'Connell (D - Santa Barbara), will conduct its annual higher education overview hearing. The heads of the UC (President Richard Atkinson), CSU (Chancellor Charles Reed), and the California Community Colleges (Chancellor Tom Nussbaum), will testify before the committee on their respective support budgets.

CSU's Office of Governmental Affairs reports that the committee will take initial action on each system's support budget at this hearing, but will not consider Capital Outlay issues until April 12. Cross-over higher education and K-12 issues, including Merit Scholarships, Reading Institutes, Algebra Institutes, Advanced Placement Courses, and Teacher Recruitment and Retention, will be heard on March 15.

CSU's OGA also reports that the Assembly Budget Subcommittee on Education Finance [the Senate Subcommittee counterpart] held its first budget-related hearing this week. The session dealt solely with financial aid issues. Assembly Member Sarah Reyes (D - Fresno) chairs the subcommittee.

3. Senators Dianne Feinstein (D - Calif.) and Orrin Hatch (R - Utah) have co-authored a bill to increase yet again the number of H-1B visas available annually for high tech workers. The current cap is 115,000--raised in 1998 from 65,000. The Feinstein/Hatch bill calls for a new cap of 195,000 for the next three years.

The new legislation was introduced in response to the high technology industry, which, as a result of the nation's booming economy, continues to have a need for professionals in engineering and other high technology fields. Capitol Hill Bulletin reports the bill also provides that "foreigners who work for U.S. universities and research centers, and those who received a graduate degree from a U.S. university in the prior six months would be exempt from the cap"--potentially increasing the number of visas by another 20,000 a year.

U.S. universities have not been able to turn out the numbers of skilled workers needed, and companies have relied on hiring foreign workers in order to remain competitive.

As with prior legislation introduced on this issue by Senator Feinstein, the current bill contains provisions to safeguard against abuse; i.e., not lay off any U.S. employee in order to hire an H-1B worker, provide the same benefits to H-1B visa employees as U.S. employees; and require employers to pay whichever is higher: the same wage the employer's U.S. workers earn or the prevailing wage in the geographic area for the job.

The H-1B is a temporary visa that allows non-immigrant foreign workers to be employed in the United States for up to three years in a skilled profession. The visa is renewable for an additional three years.

Rep. Zoe Lofgren (D - San Jose) has introduced a related bill, according to Capitol Hill Bulletin, that seeks to establish a "pilot program to allow foreign students with masters' or doctorate degrees to remain and work in the United States for longer periods of time."

4. According to a report released last week by the state Department of Finance, California's population has passed 34 million: 34,036,000, to be exact. The U.S. Census Bureau reports a slightly lower figure, but the DOF is considered to be the more accurate because the agency relies on driver's license address change data. When measured against the Census Bureau's estimate of 272,691,000 total U.S. population, California holds 12.5% of the nation's populace.

The DOF report is available on the Internet: http://www.dof.ca.gov

* NEW LEGISLATION OF INTEREST *

Note: Bills must be in print 30 days before they can be heard by a committee.

AB 1918 (Romero) Community Colleges: Transfer of Course Credits

This bill seeks to enact the Access to Guaranteed Transfer for Community College Students Act, under which the governing boards of each community college district would be required to provide their students with copies of the systemwide articulation agreements between the California Community Colleges and the CSU and the UC.

[Note: The California Master Plan for Higher Education states the high priority for community college transfers to the UC and CSU, and establishes a goal of a 33% increase in transfers in the decade between 1995 - 2005.

In general, the CSU has a good record of transferability, while the UC does not. AB 1918 cites recent reports by the California Postsecondary Education Commission, indicating that the UC system's transfer rate has declined every year since 1995. Assembly Member Romero's bill attempts to reverse this trend by requiring the community colleges to make their students more aware of current agreements on course equivalencies between the higher education systems.

Her bill is quite specific in suggesting the means by which the information is conveyed--at in-person or e-mail registration, by mail with enrollment or other materials sent to students, during the issuance of student ID cards, or during student orientation programs. She is equally specific about on campus locations where the agreements themselves must be made available: Admissions offices, campus bookstores, career counseling centers, and veteran's affairs offices.]

Introduced: February 11, 2000

AB 1922 (Romero) California Community Colleges: Transfer Policy

This bill seeks to require the California Community Colleges, the UC and the CSU, with appropriate consultation with the Academic Senates of each of these segments, to "jointly develop, maintain, and disseminate a common core curriculum in general education courses to facilitate the transfer of community college students to the UC and the CSU."

The bill further specifies that any student who successfully completes the transfer core curriculum "shall be deemed to have thereby completed all lower division GE requirements for the UC and the CSU."

Introduced: February 15, 2000

SB 1527 (Hughes) Alternative Teacher Intern Program

This bill would establish the Alternative Teacher Intern Program and provide that no requirements governing teacher preparation apply to the program.

The bill authorizes a regionally accredited public or private college or university that offers a professional teacher preparation program to form a collaborative partnership with a school district or consortium of school districts to develop a 2-year alternative teacher intern program. Each participating college or university would be required to develop the instructional aspects of the program in consultation with the school district (or consortium), with input from the representatives of the employee organizations representing the teachers employed in the school district (or consortium).

[Note: SB 1527 is very similar to SB 179 (Alpert), introduced last year. Senator Alpert's bill was rewritten in mid-January to expand teacher education internship programs in general. Her bill no longer makes any reference to creating a "model alternative teacher preparation program."]

Introduced: February 17, 2000

SB 1547 (Costa) CSU: Real Property Transactions (TRUSTEE BILL)

Introduced: February 17, 2000

ATTACHMENT TO 2/l8/OO LEGlSLATlVE UPDATE

Wednesday, February 16, 2000

OFFICE OF THE GOVERNOR

FOR IMMEDIATE RELEASE
February 15, 2000

GOVERNOR DAVIS' EDUCATION BILLS RECEIVE FORMAL INTRODUCTION Team of Lawmakers Slated to Move Governor' s Education Package Through the Legislature

SACRAMENTO ? Governor Davis today announced the introduction of six bills to enact his new education initiatives designed to raise and reward student achievement, improve teacher quality and recruit new teachers.

"Introduction of these bills is the first step toward making education reforms a reality for millions of children," said Governor Davis. "This comprehensive package of education reforms will benefit all students who raise expectations for themselves. It will train teachers to help students to achieve to higher standards, make more rigorous courses available to all high school students, and prepare our classrooms and teachers to use the technology needed for success in the 21st century."

"These authors and I refuse to underestimate the abilities of California's children and I urge the Legislature to act decisively to meet California's education needs by passing these reforms," continued Governor Davis.

The governor's education reform bills are primarily authored by the African-American Caucus and members of the Latino Caucuses. The governor praised the team of lawmakers who are slated to move the bills through the Legislature for their continued commitment to raise expectations for all of California's students and teachers.

GOVERNOR DAVIS 2000-01 EDUCATION REFORM PACKAGE

SB 1503: Governor's Merit Scholarship, Governor's Distinguished Math and Science Scholars Program Intensive Math Academies

Author: Senator Richard Polanco (Principal Co-Author: Assemblywoman Elaine Alquist)

Rewarding student achievement is a key component in the governor's education package. The Governor's Distinguished Merit Scholarships and Math and Science Scholars Program reward students who have worked hard, achieved high and have earned the support for a college education. The bill also provides intensive supplemental Algebra instruction for 50,000 7th and 8th graders.

SB 1504: Advanced Placement Expansion

Author: Senator Martha Escutia (Principal Co-Author: Assemblywoman Kerry Mazzoni)

This bill aims to provide incentives for every California public school to provide access to rigorous, college level courses to all interested and prepared students.

SB 1505: Incentives for Retired Teachers to Return to the Classroom Assumption Program of Loans for Education (APLE) Expansion

Author: Senator Richard Alarcon (Principal Co-Author: Assemblyman Lou Correa)

California faces the need to hire 300,000 additional teachers over the next decade. This bill helps to meet the great need for a well-qualified teacher in every classroom. Governor's Teaching Fellowships Teacher Recruitment Initiative Program (TRIP) Teacher as a Priority (TAP) Incentive Program Teaching Internship Expansion and Rate Increase Teaching Housing Assistance Program National Board Certification Increase.

AB 1941: Language Learner Institutes Subject Matter Project Expansion

Author: Assemblyman Rod Wright (Principal Co-Author: Senator Jack O'Connell)

This bill encompasses programs that will offer professional development for 70,000 teachers through weeklong, university based intensive training with follow-up throughout the school year. Algebra Institutes High School Math and English Institutes Upper Elementary Math Institutes English

AB 1942: Education Technology and Professional Development

Author: Assemblywoman Sarah Reyes (Principal Co-Author: Senator Joe Dunn)

In an effort to close the digital divide for California's students, this bill commits $200 million to increase the number of computers in classrooms and train teachers to use them effectively.

AB 1943: UC: Institutes for Science

Author: Assembly Speaker Antonio Villaraigosa (Principal Co-Author: Senator Kevin Murray)

To maintain California's leadership role in technological and scientific research, this bill establishes California Institutes for Science and Innovation at three campuses of the University of California.

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LEGISLATIVE UPDATE

February 11, 2000

CAPITOL NEWS

1. President Clinton unveiled his Budget for FY 2001 this week. Significant increases are shown for a number of programs within the Education portion. Highlights:

Student Financial Aid Programs:

Pell Grants (increases the maximum grant awarded to needy undergraduate students by $200 to $3,500): Up 9%

Supplemental Grants (provides additional grant aid for exceptionally needy students): Up 10%

Work-Study (a program, designed in part, to encourage community service): Up 8%

Perkins Loans (provides low interest loans to neediest postsecondary students): Up 23%

Federal Administration Direct Loan Program (makes low-interest loans capped currently at 8.25% allowing students to defer payment until they graduate; the federal government pays the difference between the 8.25% and the actual rate): Up 5%

Aid to Historically Black Colleges: Up 16%

Aid to Hispanic-serving institutions: Up 48%

Tech-prep education: Up a whopping 189%

TRIO programs for disadvantaged students (provides direct services to students, such as tutoring, counseling and mentoring): Up 12%

GEAR UP programs (designed to encourage more young people from low-income families to consider and prepare early for college): Up 63%

The President's Budget also includes a $30 billion investment in the College Opportunity Tax Cut, a series of tax incentives to make higher education more affordable. In general, his proposal would provide up to $2,800 annually per family in tax relief. Families would have the option of taking a tax deduction or claiming a 28% credit for higher education tuition and fees. In addition, families could choose between the College Opportunity Tax Cut or the Hope Scholarship, instituted 3 years ago, which provides a tax credit worth up to $1,500 per student for educational expenses incurred during the first two years of college. (Families could not choose both for the same student. Also, eligibility for these programs is tied to different levels of family income.)

National Science Foundation:

The President's budget provides for a 17% increase in NSF's appropriation--the largest the agency has ever received--to a total of $4.572 billion. According to summaries provided in the current issue of the Chronicle of Higher Education, the agency's directorates would receive the following increases:

Biological science: Up 23% to $511 million
Engineering research: Up 19.6% to $457 million
Geosciences research: Up 19.5% to $583 million
Mathematical and Physical Sciences: Up 16% to $881 million
Social, Behavioral and Economic Sciences: Up 19.8% to $175 million

The Chronicle reports that these increases will support 9,600 new competitive awards (up from 8,470 in 2000), and will also raise the median annual grant size by 8.6% to $85,000.

National Endowment for the Humanities/National Endowment for the Arts:

President Clinton has proposed substantial increases for both NEH and NEA during his years in office, but Congress has not supported them. Republicans--particularly with regard to NEA funding--have not only opposed increases, but voted to abolish the agency in 1997 and 1998. (Spearheading the animus behind the latter action was several NEA-funded art exhibits that deeply offended conservatives.)

Generally speaking, Republicans have argued that the federal government ought not to be in the business of funding "culture," which they maintain is the responsibility of the private sector. The arts and humanities communities, on the other hand, believe that private sector dollars are extremely difficult to obtain without federal support. The debate at times has been vitriolic, with Republicans focusing on what constitutes acceptable art, and Democrats charging censorship.

Neither side achieved what it wanted, since neither significant increases nor elimination of the agency, ever won a majority of votes. Instead, both the NEH and the NEA have experienced either very modest decreases or status quo--although last year the NEH received a very modest increase.

Currently the NEA receives $97.6 million, and the NEH, $115.3 million. For FY 2001, President Clinton is proposing $150 million for each agency. However, there is no reason to expect that the GOP-controlled Congress will be more receptive.

AmeriCorps:

This program is the jewel in the crown of the President's programs for encouraging community service. It provides student participants with a $4,725 voucher to help cover college expenses or pay back student loans, in return for a year of full-time community service within the U.S.

Past proposals to fund the program have been roughly treated. Votes have ranged from supporting total elimination to sharp reductions, with modest funding restored during year-end budget negotiations. Republicans, particularly in the House, have consistently argued that the program costs too much and is poorly managed.

President Clinton is proposing a 19% increase over the current-year $473.3 million budget, for a total of $563.3 million, to finance 62,000 participants.

In General:

The President's budget provides good news for many sectors. However, given his lame duck status, the chances of getting most of what he wants are slim. On the other hand, it is also an election year, and the negatives associated with chopping programs valued by large segments of the electorate may make lawmakers reluctant to oppose all of his initiatives.

2. Controlling growth in California. Assembly Member Pat Wiggins (D - Santa Rosa) convened a newly formed Smart Growth Caucus this week to "mutually support and promote legislation encouraging greater concentration of new development in the state."

The 13-member Caucus, all of whom are Democrats, includes the chairs of the Assembly Committees on Transportation, Natural Resources, Economic Development, Environmental Safety, Local Government, and Housing and Community Development.

Wiggins, in an account on the Caucus' first meeting that appears in this week's issue of StateNet Capitol Journal, indicated that the group will both introduce bills and oppose those that "pretend to be about smart growth, but are nothing more than red herrings." She said she intends to re-introduce legislation that was successfully opposed by realtors and builders last year, that will provide financial incentives to encourage cities and counties to collaborate more on planning, and to focus more on balanced growth initiatives.

Assembly Member Tom Torlakson (D - Antioch), Chair of the Assembly Transportation Committee, indicated his attention will be on "locating jobs and housing side-by-side in an effort to reduce commuting and the need for expanded roadway systems."

Assembly Member Fred Keeley (D - Monterey), who helped organize the Caucus, underscored the concern of many that money spent on infrastructure that just adds to suburban sprawl will only worsen the problems, not solve them. He said that the Caucus is also concerned about unbridled growth in rural and agricultural areas.

California has been the number one agricultural state in the country for over 50 years, producing more than 250 crop and livestock commodities--and leading the nation in 75 of them. Twelve crops are grown exclusively in California: almonds, artichokes, dates, figs, kiwifruit, olives, persimmons, pistachios, prunes, raisins, seed-ladino clovers, and walnuts. The state also surpasses Wisconsin in milk production. Agricultural is California's largest employer, representing one out of every ten jobs in the state.

The breadbasket of the state is the San Joaquin Valley--Fresno County, in particular. Fresno County is also the site of a housing boom, with more acreage turning into a sea of roofs each year.

Given the budget surplus and the fact that this is an election year, there may be more interest generated in looking at infrastructure needs and growth. Assembly Member Keeley told the Caucus that "this is an ideal year to confront the relationship between infrastructure spending and land use sprawl." He indicated he would push for a "legislative mechanism that discourages suburban sprawl and the depletion of agricultural lands in connection with the expenditure of transportation funds."

Growth issues were not mentioned among the Governor's concerns or priorities in his State of the State Address in January. Lawmakers hope to generate his interest during the discussion of the various transportation initiatives that will be coming before them later in the session.

3. California finally gets to be a player. After moving the date of its Primary up twice in order to better influence the outcome of the presidential race, it looks like the state will finally have a chance to be more than just a cash cow for candidates coming here to raise money among wealthy industrialists and entertainment figures. The surprising results in the New Hampshire Primary demonstrated that neither George W. Bush nor Al Gore have a lock on the nomination from their respective parties.

In this week's Presidential District GOP Caucuses in Delaware, McCain received 25% of the vote, despite the fact he didn't campaign in the state. Only 12 delegates were at stake, but the perception of Bush as the front runner, outdistancing any rivals, was further diminished. According to the Los Angeles Times, about half of those voting for McCain in Delaware said they'd made their decision since his win in New Hampshire. If McCain does well in the February 19 GOP Primary in South Carolina, his momentum will be even further enhanced.

The issue of momentum is critical for all four front runners--Republicans Bush and McCain, and Democrats Gore and Bill Bradley--and all will be looking to decide that issue on March 7 in California's delegate-rich Primary.

* NEW LEGISLATION OF INTEREST *

Note: Bills must be in print 30 days before they can be heard by a committee.

AB 1850 (Correa) Public Higher Education: Education Benefits

This bill seeks to extend this fee/tuition exemption to the surviving spouse of such a deceased public safety officer.

Introduced: February 7, 2000.

AB 1857 (Romero) CSU: Student Organizations

This bill seeks to make the open meeting laws applicable to teleconferenced meetings conducted by any legislative body of a student body organization at a CSU campus.

Introduced: February 7, 2000

AB 1861 (Runner) UC, CSU, CCC: Transferability of Courses

The bill requires that this system be in place no later than June 30, 2001.

Introduced: February 10, 2000

SB 1438 (Rainey) Tax Credits: Educational Expenses

This bill would authorize a tax credit in an amount not to exceed $200 for costs incurred by a teacher or parent for school supplies to be used by students in a K-12 classroom.

Introduced: February 7, 2000

SB 1450 (McPherson) UC, CSU: Student Fees

This bill would provide that the systemwide fees charged to resident undergraduate students at UC and CSU for the 2000-01 fiscal year be reduced by 50% below the level charged for the current, 1999-00 fiscal year.

The bill also provides for a $412,320,000 appropriation to backfill the revenue lost as a result of this reduction.

Introduced: February 8, 2000 [Note: This bill has two principal co-authors, five Senate co-authors and eight Assembly co-authors--all of whom are Republicans.]

SB 1453 (Schiff) Personal Income Tax Deduction for College Tuition

This bill would authorize a state income tax deduction for an amount not to exceed $10,000, paid during a taxable year following January 1, 2000, for college tuition costs incurred by a California taxpayer or his/her dependent.

Introduced: February 8, 2000

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LEGISLATIVE UPDATE

February 4, 2000

CAPITOL NEWS

1. In recent months there have been two court cases relating to Title IX of the Education Amendments of 1972. Title IX forbids discrimination on the basis of gender at public higher educational institutions that receive federal funds, and sets down standards for equalizing sports that are offered to men and women. CSU is subject to Title IX provisions, but is also governed by the more stringent requirements of the CalNOW Agreement, which resulted from a successful lawsuit filed against the system by the National Organization of Women.

The first case involved a lawsuit filed by former men's soccer players and wrestlers at Illinois State University, whose sports had been eliminated to facilitate the University's compliance with Title IX. After a lower court had dismissed the athletes' suit, an appeal to the 7th Circuit U.S. Court of Appeals resulted in a ruling in favor of the University.

The second case involved one of our sister campuses, Cal State Bakersfield. In that case, members of the University's wrestling team had won a preliminary injunction from a federal district court forbidding the University from dropping their sport or limiting the number of wrestlers. A three judge panel of the 9th Circuit U.S. Court of Appeals refused to uphold the injunction. Judge Cynthia Holcomb Hall, who wrote the opinion for the panel, stated that "Title IX is a dynamic statute, not a static one. It envisions continuing progress toward the goal of equal opportunity for all athletes and recognizes that, where society has conditioned women to expect less than their fair share of the athletic opportunities, women's interest in participating in sports will not rise to a par with men's overnight."

Referring to last summer's Women's World Cup soccer match, attended by "90,185 enthusiastic fans," Judge Hall added, "The victory sparked a national celebration and a realization by many that women's sports could be just as exciting, competitive, and lucrative as men's sports."

The number of challenges to Title IX have increased, as more advocates for men's teams assert that unfair caps result in reverse discrimination. The issue has even surfaced in the Presidential campaign. The current issue of the Chronicle of Higher Education reports that "public-interest groups, many of them involving wrestling coaches and officials, are urging candidates to sign pledges that they will change the way the federal government enforces Title IX in college sports."

2. Senator Jack O'Connell (D - Santa Barbara) is getting closer to confirming plans to run for state Superintendent of Schools in 2002. O'Connell, who is termed out that year, has long been active in education issues. Although not the author of Proposition 26, he has long been a champion of simple majority approval for local school bonds. He authored several bills that completed the transfer of the CSUN - Ventura Campus to the former grounds of Camarillo State Mental Hospital, as the new, freestanding CSU, Channel Islands campus.

O'Connell's most recent effort has been directed toward placing a "class size reduction, one-half cent sales tax" initiative on the November ballot. He describes his proposal as an alternative to one being offered by the California Teachers Association. The CTA's initiative, which has been in circulation for several months, seeks to raise spending on K-12 classes by about $1,000 per student, to bring California up to the national average. The initiative does not specify, however, any source for this additional expenditure--which may weaken its chances for garnering sufficient signatures or, should it successfully reach the ballot in November, of being passed by the electorate.

O'Connell indicated he is looking for money to support a signature-gathering effort for his initiative, but may also introduce it as a bill later this month.

3. Very good news for two of our sister campuses in northern California this week: CSU, Sacramento and CSU, Chico both received $100,000 from the Sierra Health Foundation to establish merit scholarships for students in their baccalaureate nursing programs. In announcing the awards, Len McCandiss, President of the Sierra Health Foundation, pointed to the acute shortage of nurses in the northern part of the state, and said he hoped these grants would "help increase the number of highly skilled RNs in the region."

Actually, nursing shortages abound throughout the state, not just in Northern California. It's been estimated that 43,000 RNs will be needed in the state by 2010, and an additional 74,000 by 2020.

Two southland CSU campuses recently instituted new or expanded existing nursing programs. A new Master's degree program in nursing at CSU, San Bernardino began admitting students this year, and last fall CSU, Bakersfield began offering a school nurse credential.

At CSUN, initial accreditation for the RN to BSN (Bachelor of Science in Nursing) program was granted last April by the Commission on Collegiate Nursing Education. Just this week, approval was received to include a special upper division accelerated program of study in nursing, designed to meet the needs of working adults who are seeking to complete their BS. This program will begin admitting students next fall.

CSU Chancellor Charles Reed, in an address to the Association of California State University Professors last fall, stated that the CSU prepares nearly 70% of the state's registered nurses (as well as "62% of the teachers, 65% of the engineers and computer scientists, and more than half of the business leaders").

4. California's community colleges may enjoy heightened visibility under Speaker-elect Bob Hertzberg (D - Van Nuys). Although Hertzberg has not been a prominent player in education issues in the past, he has described "utilizing community colleges to train the workforce of the 21st Century" as one of his "personal legislative priorities."

5. LAUSD Board of Education member, Julie Korenstein, has been appointed by Governor Davis to the Board of Governors of the California Community Colleges. Her term on the 16-member Board is for 6 years. The California Community Colleges system includes 106 colleges statewide, organized into 71 districts, and serves more than 1.4 million students.

Korenstein, who was first elected to the LAUSD Board of Education in 1987, represents the only district that is wholly within the San Fernando Valley.

* NEW LEGISLATION OF INTEREST *

Note: Bills must be in print 30 days before they can be heard by a committee.

AB 490 (Ducheny) Sales and Use Taxes: Exemption for College Textbooks

As initially introduced, the content of this bill dealt with providing tax credits to companies expanding or locating their headquarters in California.

On January 3, this content was deleted and replaced with new provisions that seek to exempt college textbooks from the state sales and use taxes. [The bill would not extend this exemption to any local taxes.]

Status: Assembly Committee on Revenue and Taxation. Because this bill did not pass out of its house of origin by the January 31 deadline, it can't be pursued further. However, Assembly Member Ducheny has indicated she will reintroduce it; the last day for bills to be introduced in the current session is February 25.

* STATUS OF PREVIOUSLY INTRODUCED LEGISLATION *

[Note: Dates in parentheses refer to earlier issues of Updates containing detail on initial and substantially amended versions of bills]

AB 14 (Ducheny) CSU: Doctoral Degree in Education

As initially introduced in 1999, this bill sought to create the Higher Education Partnership Act, under which the UC and CSU could expect a guaranteed minimum amount of funding.

That content has been deleted and replaced with new language that grants authority to the CSU to award the doctoral degree in education (Ed.D.). [1/7/00 Legislative Update]

Status: Legislation introduced in 1999 must be passed by January 31; this bill did not meet this deadline. However, the author has indicated she will re-introduce it this session. (The deadline for introducing new bills is February 25.)

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LEGISLATIVE UPDATE

January 28, 2000

CAPITOL NEWS

1. Site Correction: In last week's update, the sites for the VICA-sponsored Assembly and Senate Candidates' Forums were inadvertently transposed. (The information that was posted on my website is accurate.) The correct information is as follows:

Assembly Candidates' Forum

Friday, February 4: Noon to 1;30 p.m.
BEVERLY GARLAND's HOLIDAY INN, located at 4222 Vineland, in North Hollywood.

Senate Candidates' Forum

Monday, February 14: Noon to 1:30 p.m.
RADISSON HOTEL VALLEY PLAZA, located at 15433 Ventura Blvd., in Sherman Oaks.

The cost to attend each is $30, payable at the door; Reservations can be made by calling my office at 677-2124, or the Valley Industry and Commerce Association, at 226-6466.

I apologize for any confusion caused.

2. Another Candidates' Forum will be conducted at CSUN on Wednesday, March 1, noon - 3 p.m. This Forum, which is sponsored by the Associated Students, will feature candidates running in the two districts in which the University resides: the 19th Senate and the 38th Assembly Districts.

To date, all four candidates running in the 38th Assembly District have confirmed their participation in the Forum: Republicans Ross Hopkins, Keith Richman, and Norm Walker; and Democrat Jon Lauritzen (who is running unopposed). Former Associated Students president, Steven Parker, will serve as moderator. Until just recently, when he left to join a public relations firm, Parker served as Mayor Riordan's San Fernando Valley representative.

There is no charge for this Forum, which will be held in the Grand Salon of the University Student Union.

3. As widely anticipated, Assembly Member Bob Hertzberg (D - Van Nuys) was elected Speaker-elect of the Assembly this week, with the swearing-in to take place on April 13, at which time the current Speaker, Antonio Villaraigosa, will assume the title of Speaker Emeritus. The only surprise was the unanimous vote, the first time in a half-century that a nonincumbent has been so elected to the position, according to E. Dotson Wilson, the lower chamber's Chief Clerk. Hertzberg will be the seventh speaker in five years, the second legislator from the San Fernando Valley to be elected to the position, and the first Jewish speaker since Edgar C. Levey in 1927.

In addition to promising to reduce the number of bills introduced and focusing on "a better, clearer vision of where we are going," Hertzberg pledged to lessen the red tape that often serves to thwart proactive problem-solving.

Hertzberg also reiterated his vow to move the Speaker's southland office from downtown Los Angeles to Van Nuys--good news for the San Fernando Valley.

4. Assembly Member Charlene Zettel (R - San Diego County) was elected Vice Chair of the Assembly Committee on Higher Education this week by the Assembly Republican Caucus. She replaces Assembly Member Steve Baldwin (who also represents a district in San Diego County), who remains on the committee.

Zettel, the first Republican Latina to be elected to the Assembly, just completed her first year in office. Although she represents a district in San Diego County, she was born and raised in East Los Angeles, and graduated from USC with a degree in dental hygiene. She practiced in that profession for 20 years, before beginning a career in public service. Before being elected to the Assembly in 1998, she served two terms on the Poway Unified School District Board.

Last September, Zettel was selected Outstanding Freshman Legislator of the Year by the California School Boards Association.

5. The Los Angeles Board of Education appointed an 11-member panel to interview the final candidates for the Superintendent's position, currently being held on an interim basis by Ramon Cortines. The impressive membership includes Dean Emeritus of the CSUN College of Education, Carolyn Ellner. Other members:

Eli Broad, Chief Executive of Sun America, Inc., and President of the Broad Foundation
John Brooks Slaughter, President Emeritus of Occidental College and Professor of Education at USC, and Co-Chair of the California Citizens Commission on Higher Education
Kathleen Dixon, President, Parent Collaborative, a nonprofit organization which represents parent concerns to the LAUSD
Daniel Garcia, Senior VP of Corporate Worldwide Real Estate at Warner Bros., and a former Los Angeles Planning Commissioner
Bong Huan Kim, Executive Director, Multicultural Collaborative, which represents the Asian American community
Louis Moret, Chief Operating Officer of the California Association of Governments
Andrea Rich, President and Director of the Los Angeles County Museum of Art
Christine Vasquez, Joint Board Manager of the Union of Needletrades, Industrial & TextileEmployees (UNITE)
Robert Wycoff, former president and chief operating officer of ARCO
Tyree Wieder, President of Los Angeles Valley College

6. Support for Proposition 26 (which seeks to lower the voter approval requirement for local school bond measures from 2/3 to 50%+1) has dropped dramatically in the past 3 months. According to a January 2 poll conduced by the Public Policy Institute of California (PPIC), support has dropped by 20% from 64% to 44%. The PPIC graphs below show support/opposition for the measure among likely voters over the past 3 months, and by party, region and among Latino voters:

Sept.* Dec.* Jan.

Yes: 76% 64% 44%

No: 20% 31% 45%

Dem. Rep. Central Valley L.A. S.F./Bay Area Other So. Cal. Latino

Yes: 51% 33% 45% 39% 50% 42% 53%

No: 38% 56% 44% 49% 38% 49% 36%

Undec. 11% 11% 11% 12% 12% 9% 11%

*Note: The Sept. and Dec. polls did not reflect the most recent title and summary, and thus did not include potential impacts on property tax.

The political newsletter CalPeek reports that as of Dec. 31, 1999, the campaigns on Proposition 26 had raised the following--rather lopsided--amounts of money to win support for their positions:

Yes: $6,961,674
No: $ 658,121

7. Former Clinton press secretary, Dee Dee Myers, cleared her first hurdle to becoming a Trustee of the California State University system. The Senate Rules Committee voted unanimously on January 19 to approve her nomination to the Board. The full Senate has until April 13 to consider her nomination. Myers, was nominated by Governor Davis last March and began serving her 8 year-term in July. (Trustee nominees may serve for one year while awaiting confirmation of their appointment.)

8. Important deadline looming: January 31 is the last day for the state Assembly and Senate to pass bills introduced in 1999.

* STATUS OF PREVIOUSLY INTRODUCED LEGISLATION *

[Note: Dates in parentheses refer to earlier issues of Updates containing detail on initial and substantially amended versions of bills]

SB 860 (Hughes) Higher Education Labor Relations

As initially introduced last year, this bill would have precluded higher education institutions from changing terms and conditions of employment once the parties exhausted impasse procedures without reaching an agreement, and would have required that factfinders' recommendations be implemented absent a 3/4 vote by the governing board of the union or higher education institution.

In its original version, the bill would also have changed current law which allows CSU and its employees the flexibility to bargain terms with employee organizations which are different from statutory requirements.

Under SB 860, the statutory minimum requirements would have become a floor, and the CSU would have been required to bargain with unions only over their proposals for terms in excess of this floor.

All of these provisions were deleted from the bill on January 13. As currently written, the bill calls for escalating penalties to be imposed for repeated unfair practices committed by the employer.

CSU opposed SB 860 in its original version, but withdrew that position after the bill was amended.

Status: As amended, PASSED [12 - 0] by the Senate Education Committee on January 19; PASSED [9 - 2] by the Senate Appropriations Committee on January 14 [with Senators Ross Johnson (R - Irvine) and Richard Mountjoy (R - Monrovia) casting the two dissenting votes]; and PASSED [25 - 9] by the Senate on January 27. [Note: The vote in the Senate was essentially along partisan lines, with Republicans voting against, and Democrats supporting the bill. The three Republicans who cast aye votes include Senators Bruce McPherson (Santa Cruz), Richard Rainey (Walnut Creek), and Cathie Wright (Simi Valley--whose district includes CSUN).]

The bill was forwarded to the Assembly on the same date.

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LEGISLATIVE UPDATE

January 21, 2000

CAPITOL NEWS

1. Don't forget to register to vote, if you are a first-time voter, have moved since the last election, changed your name or want to change your party affiliation. The deadline to register or re-register for the March 7, 2000 Primary Election is February 7.

Forms are available in my office. (See contact information in the masthead above.)

Voting is a precious right. One vote, a single individual can make a difference. As a mentor once observed to me, "If you think you're too small to be effective, you've never been in bed with a mosquito."

2. The Valley Industry and Commerce Association (VICA) is holding two public forums for candidates, to which the public is invited. Details on both are described below:

[Note: For those of you who receive a hard copy of Legislative Update, the site information listed in the January 21 issue for these Forums is incorrect (the sites were reversed). The correct information is listed here.]

Assembly Candidates' Forum: Friday, February 4, noon
Site: Beverly Garland's Holiday Inn (located at 4222 Vineland in North Hollywood)
Cost: $30 per person, payable at the door
Candidates from the 38th, 41st and 42nd Assembly Districts will be featured [current incumbents of which are Tom McClintock, Wally Knox and Sheila Kuehl, respectively]

Senate Candidates' Forum: Monday, Feburary 14, noon
Site: Radisson Hotel Valley Plaza (located at 15433 Ventura Blvd. in Sherman Oaks)
Cost: $30 per person, payable at the door
Candidates from the 19th, 21st and 23rd Senate Districts will be featured [current incumbents are Cathie Wright, Adam Schiff, and Tom Hayden, respectively]

Only contested races are being featured in these Forums. Candidates running unopposed for their party's nomination are not included. To date, the following candidates have accepted VICA's invitation to appear:

Assembly:
38th District:
GOP: Keith Richman, Ross Hopkins
[DEM candidate is running uncontested]

41st District:
DEM: David Freeman, Fran Pavley, Brenda Gottfried; Tony Vazquez and William Wallace have not responded yet
GOP: Jayne Shapiro; Stefan "Stu" Stitch has not responded yet

42nd District:
DEM: Daniel Stone, Paul Koretz, Amanda Susskind
[GOP candidate is running uncontested]

Senate:
19th District:
GOP: Tom McClintock, Judy Mikels
[DEM candidate is running uncontested]

21st District:
DEM: Jack Scott; Scott Wildman has not responded yet
GOP: Dave Wallace and Paul Zee, neither of whom has responded yet

23rd District:
DEM: Wally Knox, Sheila Kuehl
[GOP candidate is running uncontested]

3. As has been rumored for weeks, Cong. Xavier Becerra (D - East Los Angeles) has tossed his hat into the Mayoral race. Reactions from other candidates have not revealed any unexpected responses. Some believe Assembly Speaker Antonio Villaraigosa has the most to lose, since the prevailing view is that he and Becerra will split the Latino vote and, since they both represent the same general area, will be vying for the same non-Latino population. It's also argued that neither candidate has significant name identification outside of their immediate districts, although the Assembly Speaker has been making the rounds of every major event in the City and the Valley for several months now.

Others believe that the non-minority candidates, Steve Soboroff, Jimmy Hahn, and Joel Wachs, will all benefit from Becerra's entry into the race, especially given his reputation for resisting compromise and championing Latino issues almost exclusively. All three may try to gain mileage by billing themselves as the coalition-building candidates needed to lead a City on the verge of disintegration.

The more crowded the field becomes, the less likely LA County Supervisor Zev Yaroslavsky will join the fray. Although he would not jeopardize his County seat by entering the race, he would have to expend a huge amount of money--and if he lost, he might find his next re-election more challenging against a strong contender.

The only other talked about candidate, who has yet to file, is state Controller Kathleen Connell.

* NEW LEGISLATION OF INTEREST *

Note: Bills must be in print 30 days before they can be heard by a committee.

AB 1773 (Romero) Intellectual Property: Ownership

This bill provides that a faculty member of the UC, CSU or of the California Community Colleges, has "an exclusive ownership in any presentation in a classroom, laboratory, library, studio, or any other place of instruction, performance, or exhibition."

This bill would prohibit any person from recording or making any use of a presentation or transfer the record of the presentation to a third person without the prior written permission of the faculty member.

The bill would also require the governing boards of all three systems to adopt regulations governing a violation of these provisions by students and providing for penalties. The governing boards would further be required to adopt procedures to inform all students of the regulations.

There is no provision or exception in the bill relating to disabled students.

Introduced: January 20, 2000

[Note: The University has a "Policy on Ownership of Intellectual Creations," dating back to 1984, which reads: "It shall be the policy of CSUN that rights to all intellectual creations of its faculty including books, works of art, computer programs and musical compositions and all other scholarly works remain the property of the respective faculty member."

With respect to tape-recording in the classroom, CSUN's policy, based on Section 504 of the Rehabilitation Act of 1973 and the more recent Americans with Disabilities Act, allows for the "use of auxiliary aids and assistive devices" including tape recorders to meet the special needs of students with disabilities.

As currently written, AB 1773 appears to be inconsistent with federal law with respect to disabled students. Violation of Section 504, which applies to recipients of federal funding, can result in the loss of that funding, which for a university includes research grants and student financial aid. Violation of the ADA, which applies to both the private and public sector, can result in a fine of $300,000, compensatory damages, and attorneys' fees.]

SB 1369 (Poochigian) Tax Credits: Student Fees

This bill would allow a credit against Personal Income Tax and Bank & Corporation Taxes in an amount equal to the eligible fees paid or incurred by any taxpayer on behalf of any studnet who is a resident of California.

"Eligible fees" are defined as those paid for SAT applications, UC and CSU applications, and California private university applications.

The bill also requires the State Franchise Tax Board to report annually to the Department of Finance on the amount of credits allowed, and to the Legislature on the fiscal impact of these tax credits.

Introduced: January 19, 2000

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LEGISLATIVE UPDATE

January 14, 2000

CAPITOL NEWS

1. Governor's Budget. The total spending plan the Governor presented to the Legislature this week for FY 2001 approached nearly $85 billion, about 4% greater than the 2000 budget of $81.3 billion.

The lion's share of the Budget is earmarked for education--45.3%, 11.5% for higher education and 33.8% for K-12. Health and Human Services receives the second largest cut, 26.4%. The rest of the state's agencies:

Business, Transportation & Housing: 6.7%
Youth and Adult Correctional Facilities: 5.8%
Resources: 2.7%
Courts: 1.7%
State & Consumer Services: 1.1%
Environmental Protection: 1.0%
Other: 6.7%

Tax Relief proposals amount to 2.6% of the State Budget.

The Governor's spending plan gives K-12 schools $28.2 billion, an increase of $1.8 billion. It also raises the amount of money spent per pupil from $6,045 to $6,313, bringing the state closer to the national average of $6,900.

For higher education, the Governor proposes increases over the current year budget of $318 million for the University of California (14.8%), $191 million for The California State University (8.7%), and $300 million for the California Community Colleges system (7.7%).

The California State University's Budget includes the following key proposals:

. $104.1 million for a 5% base increase in general purpose funds;
. $20.8 million for long-term budget core needs: eliminate backlogs in deferred maintenance, replace instructional equipment, renovate libraries and address technology needs;
. $73.1 million to support an additional 12,577 full-time equivalent (FTE) students;
. $15 million to offset lack of increases in student fees; and
. $12.5 million for further investment in teacher recruitment and training.

The Budget also includes funds for an average 5% salary increase for all employees, subject to collective bargaining.

A key focus in the Governor's Budget for the UC as well as for the CSU is linkage of the state's higher educational institutions to K-12 public schools. For the CSU, the Budget proposes $9 million for the California Center for Teaching Careers (CalTeach) to conduct a teacher recruitment campaign both in-state ($7 million) and out-of-state ($2.0 million). Most of this money is earmarked for media campaigns--television ads for in-state recruitment, and public information efforts targeting those states that have a surplus of teachers qualified to teach in those subjects where California's needs are the greatest.

The Budget provides money to support the Governor's Teaching Fellowships, mentioned last week in his State of the State address. He proposes to award $20,000 graduate fellowships to 1,000 teaching candidates who commit to teach in low-performing schools for four years. Money to provide 250 of these fellowships ($3.5 million) is included in the 2001 budget, with the remainder to follow in subsequent budget years. These first fellowships will be awarded beginning next January.

Technology training for K-12 teachers will be supported with a proposed one-time appropriation of $25 million for intensive staff development on the use of technology in the classroom.

CSU's request for $10 million for CSU, Channel Islands, is in limbo. While the Governor indicated his administration "fully supported" providing additional funding for this campus, he expressed concern that the CSU was not progressing with its Multi-Campus Regional Center at Stockton, a satellite of CSU, Stanislaus. The Governor asserted that the CSU's commitment to the Stockton Center "pre-dates its commitment to Channel Islands," and thus the system should address the long-term needs of that Center before more money is provided to the Channel Islands campus.

CSU is confident this issue will be resolved before the May Revise [the third quarter status report on the state's expenditures] is issued, and final decisions are made on the Budget. Senator Jack O'Connell (D - Santa Barbara), who with his predecessor Gary Hart, has worked hard to establish the Ventura campus, mirrors CSU's optimism, stating that "The only version of the budget that counts is the final version."

It seems unlikely that the Governor will stall the development of the Ventura campus, given his apparent commitment to developing additional campuses at both the CSU and UC. His Budget, for example, also proposes $14.3 million of higher education bond funds to develop a new UC campus at Merced. He has earmarked $10 million for planning and construction of the first infrastructure phase, and $4.3 million for planning library, lecture, laboratory and support facilities.

The Governor's Budget supports capital outlay expenditures of $153.3 million for the CSU, using money for general obligation bonds (Prop. 1A, passed by voters in 1998). This money will complete 18 previously approved projects at 11 campuses ($82.1 million), begin 7 major new projects at 6 campuses ($60.7 million), and support minor projects at all 23 campuses ($10.5 million).

Student Financial Aid. For the sixth year in a row, there will be no increase in mandatory student fees. In keeping with the Governor's pledge to make higher education more accessible to larger numbers of students by keeping it affordable, he is proposing an increase of $84.4 million in financial aid--bringing the total available to just under a billion dollars--$905.9 million. (In addition to the state's financial aid program, money is also provided by the federal government in the form of grants, loans, and work-study). The Governor reported that "currently, over 70% of UC students and over 53% of CSU students receive financial aid."

The Cal Grant Program, the mainstay of the state's financial aid programs, is slated to receive $28.3 million for some 7,000 new awards (3,500 each for new A and B awards, of which 1,034 are specifically earmarked for transfer students)--bringing the total of new awards in the Cal Grant undergraduate program to 62,054. (Cal Grant A awards are merit-linked, while Cal Grant B are need-based.) According to the Governor, these new awards represent a 12.7% increase over the current year, and a 98.8% increase since 1995-96.

The Cal Grant T Program, created just two years ago by SB 2064 (O'Connell - D, Ventura) to provide grants to students enrolled in teacher preparation programs, will be eliminated. The Governor is redirecting the $10 million funding for this program to the core Cal Grant Program, based on his belief that the Assumption Program of Loans for Education (APLE) is more effective in attracting prospective teachers and retaining them in the teaching profession. The APLE program assumes up to $11,000 in student loans for teachers who agree to teach up to four years in a shortage area. The Governor is proposing to expand this program from the current 5,500 awards to 6,500 awards in 2000-01.

2. In the Governor's Budget Summary, issued this week, he touches upon changes in the state's demographics over the past 10 years. He states that the overall population increased by 17.4%, but the increases by age group present a clear "heads up" to state planners and especially to legislators who need to devote more attention to the long term than to the short term (which, term limits, unfortunately, tend to encourage). To wit:

"...the working age population grew at a rate of 13.9%, the under-18 group grew over 24.5% and the older population grew 10.5%. In the next five years, the state will add 2.8 million new residents. The population in the working ages will increase more than 1.8 million."

The implications of such growth for the state are enormous: How to effectively educate this population, produce enough jobs to absorb it, upgrade and build new roads, schools, and hospitals to serve all of these people--and how to provide sufficient housing that won't wipe out the state's number one industry (agriculture).

3. Education continues to rank as the top concern among Californians, according to a survey conducted by the Public Policy Institute of California. "Schools/Education" garnered 28%, with "immigration/illegal immigration" attracting 8%, to earn a distant second place on the list. Third, with 7% is "crime/gangs." Tied for last in the list of concerns, with 1% each, were drugs, government regulations, guns/gun control, state budget, state government (governor, legislature), and water. Seventeen per cent responded "Don't know."

* NEW LEGISLATION OF INTEREST *

Note: Bills must be in print 30 days before they can be heard by a committee.

AB 1745 (Soto) High School Graduation Requirements

Commencing with the 2004-2005 school year, this bill would add completion of a one-semester course in health education to the requirements for a student to receive a high school diploma.

[Note: Assembly Member Sheila Kuehl's past efforts to add a course in the visual or performing arts and a course in foreign language to the graduation requirements have not been successful. (The current requirement is one or the other, but not both.) Her most recent legislation, AB 272, is stalled in the Senate Appropriations Committee, where it will die if it's not acted upon and passed by the Senate by January 28. Generally, legislation that tinkers with graduation requirements encounters a rough path, with the issue being less one of merit, than of local control.]

Introduced: January 11, 2000

AB 1747 (Kaloogian) Public Schools: Patriotic Exercises

This bill seeks to add daily recitation of the following excerpt from the Declaration of Independence to this requirement:

Introduced: January 12, 2000

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LEGISLATIVE UPDATE

January 7, 2000

CAPITOL NEWS

1. Governor Davis presented his State of the State address this week (January 5). As expected, he again made education a priority--his "first and foremost"--followed by health care, transportation and public safety. These priorities are certain to be reflected in the Budget that the Governor delivers to the Legislature on January 10.

His address included the following foreshadowings of the kind of financial investment in education that he will be expecting from lawmakers this year:

. $20.5 million "to ensure that at least 4 core Advanced Placement classes will be available to every high school student;"
. $200 million "to make sure that every classroom has the computers they need and teachers trained to use them;" and
. $75 million "to launch California Institutes for Science and Innovation, to be established at three campuses of the University of California." (With regard to this request, the Governor also mentioned an expectation of "matching funds from private industry, foundations and communities.")

Without mentioning aggregate amounts, the Governor also indicated he would ask for money to support the following initiatives:

. Expanding preschool to include 100,000 4-year-olds.
. Incentives for students to become teachers at schools ranking in the bottom 50%: (1) Up to $11,000 in forgivable college loans; (2) eligibility for a $20,000 competitive teaching fellowship for top college graduates; (3) eligibility for a $10,000 forgivable home loan for students who become fully credentialed teachers (and $2,000 bonus for the schools they teach at), and (4) a $30,000 bonus for teachers who receive national board certification.
. Incentives for 9th, 10th, and 11th graders to perform better: $1,000 college scholarships to every student who scores in the top 10% statewide or the top 4% of their school on the STAR test.

2. The Legislature has its own set of issues to contend with in the new Session, that began on Monday, January 3. One issue that is sure to provoke attention and debate is the size and ultimate use of any projected budget surplus.

Early estimates from Legislative Analyst Elizabeth Hill indicate a $2.6 billion surplus at year's end--but that amount could be sharply decreased by pending court cases against the state. One case involves a lawsuit filed by local school districts in the state, asking to be reimbursed for special education costs. If successful, the financial bite could be $10 billion or more. A second case with significant impact involves the lawsuit filed by municipal governments, asking to recover an estimated $2 billion that they claim was denied them during the state's last recession.

Legislation enacted last year which provided for automatic triggers lowering the vehicle license fee looms as the third major claim on the state's surplus.

A second, education-related issue that will receive a lot of attention is the GOP plan to reduce student fees by half at UC and CSU campuses. Senate President pro Tempore John Burton, while not wholly opposed to the proposal, has indicated he would favor (tax-payer supported) "opportunity grants" for low-income students.

A third major, non-education-related issue is how to deal with the state's monstrous infrastructure problems. The state's roads and highways are in a state of disrepair, thanks to the recession years, when the state chose to defer maintenance on them, and when expansion of freeways and attention to rapid transit plans were set aside. In his State of the State address, the Governor observed that the need in the area of transportation exceeds $100 billion over the next decade.

So while the state's economy is booming, and the outlook is optimistic, the dark side is the list of needs, neglected over the past decade, that are elbowing for priority funding.

Next week's issue of Legislative Update will highlight what the Governor's Budget portends for the CSU and higher education in general.

3. The most recent Field Poll reveals a significant drop in support for Prop. 26, the "Save the Schools" initiative. Prop. 26 seeks to change the vote requirement needed to pass local school bonds, from a 2/3 to a simple majority vote. As reported in this week's CalPeek, support for the Proposition dropped from 59% (in October) to 43%, which the newsletter attributes to the change in the official ballot summary, which states that property taxes could potentially rise dramatically if the measure is approved. The reason lies in the source of revenue tapped to pay off the bonds. In the case of statewide bond acts (which require a simple majority to approve), the source is the state General Fund. For local bond acts, the source is property taxes.

4. San Francisco Mayor Willie Brown, just re-elected to a second (and final) term is already sniffing around for a different place to nest, when he's termed out in 2003. Brown, the first mayor to serve more than one term since Senator Dianne Feinstein left office in 1988 to run for the U.S. Senate, easily beat his write-in opponent, S.F. Board of Supervisors President, Tom Ammiano.

California Eye reports that Brown has his eye on his friend Senator John Burton's Senate seat--and Burton, who will be termed out of office in 2004, is looking at Brown's mayoral seat. In a rhetorical aside, the newsletter asks, "From there [Brown in Burton's Senate seat], how long do you think it would take the crafty Brown to get elected pro tem, the second most powerful post in state government?"

5. FREE (Finally Restoring Excellence in Education), the grass roots organization behind the drive to break up the Los Angeles Unified School District, has collected a sufficient number of valid signatures to begin the lengthy, tedious process to establish a separate school district in the San Fernando Valley. (20,962 signatures were verified; 20,808 were needed.)

Actually, the signed petitions submitted to the Los Angeles County Office of Education call for creating two independent north/south school districts. The east/west boundary line would be between Saticoy and Roscoe Streets, and each district would hold approximately 100,000 students. (The current LAUSD comprises a population of 710,000 students.)

Next steps:

. Review/discussion of the petition by members of the Los Angeles County Committee on School District Organization, who will then schedule a public hearing, to solicit opinions from the public.
. The Committee presents its recommendation to the state Department of Education, which will evaluate the proposal for racial, ethnic, financial and educational impacts, and forward its recommendation to the state Board of Education.
. The state Board of Education has final authority on whether to present the break-up proposal to the voters.

Given the controversy surrounding this issue, and the already vigorous opposition from the United Teachers of Los Angeles, threats of lawsuits, and the state Board's previous action in rejecting an earlier request (by Lomita) to break away from the LAUSD, it may be many months before the outcome of FREE's efforts are known.

School Board member Julie Korenstein--the only member whose district is solely in the San Fernando Valley--was quoted in the Los Angeles Times as saying she likely would not support a plan calling for two Valley districts because she believes it would "create dual bureaucracies and interfere with feeder patterns to middle and high schools."

Auto dealer and civic leader Bert Boeckmann, co-chair of FREE, was quoted in the same article as saying the number of districts was not the issue, but "rather it's moving education in Los Angeles forward. Ideally, it should be eight districts. But, realistically, we went for two. We're interested in schools where parents can be involved. If they are not, you lose a tremendous amount of control and oversight."

CSUN Professor of Economics, Shirley Svorny, in an op/ed piece that appeared in the Los Angeles Times the day after Christmas, favors 17 autonomous districts, "one for each high school, each with its own school board. This would promote accountability and innovation in education and, at the same time, create a strong sense of community in each district."

6. Governmental Relations has its own website! To access information on voter registration, advocacy, upcoming elections, candidates' forums, and the current issue of Legislative Update, go to this address: www.csun.edu/~govrel

7. Lawmakers are off to a relatively slow start in introducing legislation. Below are the bills of interest relating to education.

* NEW LEGISLATION OF INTEREST *

Note: Bills must be in print 30 days before they can be heard by a committee.

AB 14 (Ducheny) CSU: Doctoral Degree in Education

As initially introduced in 1999, this bill sought to create the Higher Education Partnership Act, under which the UC and CSU could expect a guaranteed minimum amount of funding.

That content has been deleted and replaced with new language that grants authority to the CSU to award the doctoral degree in education (Ed.D.).

Status: Amended with new content on January 3, 2000, and rereferred to the Assembly Committee on Higher Education.

AB 1704 (Reyes) Beginning Teachers

This bill states the intent of the Legislature to raise beginning teachers' salaries, particularly in those schools with high vacancy and low retention rates. The bill would allocate $150 million for this purpose.

Introduced: January 3, 2000

SB 1326 (Hayden) Human Relations School Curriculum

This bill seeks to require the state Department of Education "to make available to school districts a human relations curriculum that addresses the issues of racial, ethnic, cultural, religious, and gender diversity in an effort to foster understanding, tolerance, and modes of conflict resolution based on respect, and that also relates to the sources and patterns of racism, sexism, religious intolerance, homophobia, bias against persons who have disabilities, and other forms of bigotry."

Introduced: January 3, 2000

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Education: $3.992 billion	Environment: $375 million
Transportation: $1.940 billion	Public safety: $256 million
Tax relief: $1.910 billion	Local Government: $250 million
Health care: $947 million	E-Government: $10 million
Higher Education: $520 million	Prudent reserve: $530 million
Housing: $500 million	Mandated costs and other: $1.089 billion

	Dem.	Rep.	Central Valley	L.A.	S.F./Bay Area	Other So. Cal.	Latino
Yes:	51%	33%	45%	39%	50%	42%	53%
No:	38%	56%	44%	49%	38%	49%	36%
Undec.	11%	11%	11%	12%	12%	9%	11%