Jerry Brown in CA legislative records

On Environment: Ban single-use plastic bags

The California Plastic Bag Ban Veto Referendum, also known as Proposition 67, was on the November 8, 2016, ballot in California as a veto referendum. It was approved.
• A "yes" vote supported upholding the contested legislation banning certain plastic bags that was enacted by the California State Legislature as Senate Bill 270.
• A "no" vote opposed banning certain plastic bags and enacting Senate Bill 270.
• The American Progressive Bag Alliance, an opponent of the measure, led the "No" campaign to repeal SB 270.
• Yes on 67, a coalition of environmental groups, grocers, and others, led the "Yes" campaign to uphold SB 270.
• Legislative outcome:
• SB270 passed Senate 22-15-3 on 8/29/14; passed House 45-31-3 on 8/28/14; approved by Gov. Brown, 9/30/14

On Abortion: Allow nurses to perform non-surgical abortions

• Existing law makes it a public offense, punishable by a fine not exceeding $10,000 or imprisonment, for a person to perform or assist in performing a surgical abortion if the person does not have a valid license to practice as a physician and surgeon.
• This bill makes an exception for performing an abortion by medication or aspiration techniques in the first trimester of pregnancy if the person holds a license to perform the necessary functions.
• The bill would also require a nurse practitioner, certified nurse-midwife, or physician assistant to complete training to comply with standardized procedures or protocols.
• The bill would delete the references to a nonsurgical abortion as a punishable offense.

On Civil Rights: Prohibit sexual orientation conversion therapy

The Legislature finds the following:
• Being lesbian, gay, or bisexual is not a disease, disorder, illness, deficiency, or shortcoming.

  The American Psychological Association advises avoiding sexual orientation change efforts that portray homosexuality as a mental illness or developmental disorder and to seek services that reduce rejection of sexual minority youth.

• The potential risks of reparative therapy are great, including depression, anxiety and self-destructive behavior, since therapist alignment with societal prejudices against homosexuality may reinforce self-hatred already experienced by the patient.

  California has a compelling interest in protecting its minors against exposure to serious harms caused by sexual orientation change efforts.

Status:Passed Senate, 23-13-4; passed Assembly 52 -22-6; Approved by the Governor 9/30/2012.

On Civil Rights: Eliminate "gay panic" tactic for criminal defendants

Legislative Outcome: 8/26/14: Passed Senate, 25-9-6; 8/27/14: Passed Assembly, 58-15-6; signed by Governor Brown

On Civil Rights: Ban "Redskins" for school or athletic team name or mascot

Analysis by EdSource.org: Home to the largest number of American Indians in the country, California is now the first state in the nation to ban the use of "Redskins" as a school team name or mascot. Earlier efforts in 2002 and 2003 were unsuccessful. Many Native Americans and school climate advocates consider "Redskins" a racial slur. In 2013-14, there were 38,616 students identified as American Indian enrolled in California's public schools. Just four California schools continue to use "Redskins" as a team name and mascot.

Legislative Outcome: Passed Assembly 60-10-10 on Sep/10/2015; Passed Senate 25-10-5 on Sep/8/2015; Signed by Governor Jerry Brown on Oct/15/2015

On Crime: Improve criminal justice reporting; increase accountability

Assembly Bill 2524 will convert Crime in California and other annual reports published by the California Department of Justice into digital data sets that will be published on the Attorney General's OpenJustice Web portal. These reports provide statistical summaries including numbers of arrests, complaints against peace officers, hate crime offenses, and law enforcement officers killed or assaulted. The OpenJustice Web portal will transform the way this information is presented to the public with interactive, accessible visualization tools, while making raw data available for public interest researchers.

Legislative outcome: Aug/24/16 passed Senate 39-0-0; Aug/30/16 passed Assembly 80-0-0; Sep/21/16 signed by Governor Jerry Brown

On Drugs: Vetoed reducing drug possession from felony to misdemeanor

• Existing law provides that the unlawful possession of opiates, opium, opium derivatives, mescaline, peyote, tetrahydrocannabinols, and cocaine base, is a felony punishable by imprisonment in a county jail for 16 months, or 2 or 3 years.

  This bill would make the unlawful possession of any of those substances punishable as either a felony punishable in county jail or as a misdemeanor punishable in a county jail for not more than one year.

OnTheIssues Explanation: "Tetrahydrocannabinols" means marijuana and its derivatives. The failure of this bill joined a series of similar bills to reduce penalties for marijuana usage. Only medical marijuana usage is currently legal in California.

On Education: Allow student sports choice based on gender identity

This bill would require that a pupil be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil's records.

Status:Bill passed House, 46-25-8; passed Senate, 21-9-8; approved by Governor, August 12, 2013.

On Education: Replace school achievement testing with progress testing

• Existing law implements a standards-based achievement test, the Standardized Testing and Reporting (STAR) Program.
• This bill would delete the STAR Program, and instead establish the Measurement of Academic Performance and Progress (MAPP), for assessment of elementary & secondary pupils.
• The Legislature intends that public school accountability evolve beyond its narrow focus on pupil test scores to encompass other information about school performance, including pupil preparedness for college and career, as well as the high school graduation rates.

OnTheIssues Explanation: MAPP meets the new federal Common Core standards, while STAR met the previous federal No-Child-Left-Behind standards. Voting for the MAPP standards implies support of Common Core.

On Education: Allow bilingual education in public schools

• Existing law requires that all children in California public schools be taught in English.
• Public referendum Proposition 227 specifies that English learner pupils be educated through sheltered English immersion.
• This bill would remove those requirements and allow parents to choose a language acquisition program that best suits their child.
• This bill would include a new public referendum vote to replace Proposition 227.

OnTheIssues Explanation: In 1998, California voters passed Proposition 227, which banned bilingual education. This new law repeals Proposition 227, and hence re-institutes bilingual education. 80% of non-English-speaking in California public schools speak Spanish, but bilingual education could apply to other languages as well.

On Education: End suspension of students for willful defiance of authority

Analysis by ACLU of Northern California, Oct 20, 2014: Gov. Brown signed AB 420 which will eliminate the most extreme uses of harsh discipline under the category of "willful defiance." Gov. Brown's signature on AB420 represents a huge step forward for students in California. The enactment of AB 420 places our state at the front of the pack: we are leading in making meaningful advancements in civil liberties as other states turn in the opposition direction.

Legislative Outcome: Passed Senate 24-8-8 on Aug/19/14; Passed Assembly 62-16-1 on Aug/21/14; Signed by Gov. Jerry Brown on Sep/27/14

On Energy & Oil: Slow down fracking until scientific study is completed

• This bill would require, by 2015, an independent scientific study on well stimulation treatments, including acid well stimulation & hydraulic fracturing.
• Regulates disposition of well stimulation fluids.
• The bill requires a permit prior to performing a well stimulation treatment.
• Requires a supplier claiming trade secret protection for the chemical composition of additives used in a well stimulation treatment to disclose the composition to the division.

OnTheIssues Explanation: "Fracking" extracts more oil and gas from otherwise non-productive wells. The controversy includes that fracking causes earthquakes (hence the "scientific study"), as well as issues about disposal of the large volumes of potentially toxic liquids used. This bill slows the implementation of fracking.

On Energy & Oil: Charge Ahead: 1,000,000 zero-emission vehicles by 2023

Existing law provide vouchers to help California fleets to purchase hybrid and zero-emission trucks and buses. This bill would establish the Charge Ahead California Initiative, to place in service at least 1,000,000 zero-emission and near-zero-emission vehicles by January 1, 2023, and to increase access for disadvantaged, low-income, and moderate-income communities to zero-emission and near-zero-emission vehicles.

Legislative Outcome: 8/27/14: Passed Assembly, 53-24-2; 8/28/14: Passed Senate, 26-11-3; 9/21/14: signed by Governor Brown.

On Environment: $48M for funding hybrid and zero-emission vehicles

• Existing law establishes the Air Quality Improvement Program for the purposes of funding projects related to improvement of air quality.
• The Clean Vehicle Rebate Project promotes the production and use of zero-emission vehicles and the Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project to help California fleets to purchase hybrid and zero-emission trucks and buses.
• This bill would loan $30,000,000 to the Clean Vehicle Rebate Project and the Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project.
• This bill would loan $10,000,000 to be expended only for the Heavy-Duty Vehicle Air Quality Loan Program.
• This bill would appropriate $8,000,000 to be expended for the purposes of the enhanced fleet modernization program.

On Environment: Establish new regional groundwater sustainability agency

• Impose fees, and provide technical assistance to entities that use groundwater to promote water conservation and protect groundwater resources.
• Publish on its Internet Web site best management practices for the sustainable management of groundwater.
• Submit a groundwater sustainability plan to adopt regulations.
• Conduct inspections and, because the willful refusal of an inspection lawfully authorized by an inspection warrant is a misdemeanor, this bill would impose a state-mandated local program.

On Environment: Eliminate pre-1977 exemption on sale of rhino horn & ivory

Pro-ban argument by the Humane Society: The Los Angeles Superior Court has upheld California's ban on trade in ivory and rhino horn, rejecting claims that the ban was unconstitutional. Elly Pepper, deputy director of wildlife trade for the Natural Resources Defense Council, said: "California's ivory ban ensures that illegal elephant ivory is not sold under the guise of legal ivory."

Legislative Outcome: Passed Assembly 54-21-5 on Sept/04/15; Passed Senate 26-13-1 on Sept/02/15; Signed by Governor Jerry Brown on Oct/4/15.

On Families & Children: Enacted assisted suicide law

Analysis by DeathWithDignity.org: California's physician-assisted dying law took effect on June 9, 2016. Patients may request and physicians may prescribe life-ending medications under the law. The End of Life Option Act closely follows the model of the Oregon Death with Dignity Act with some modifications, most of which are required to comply with the California statute.

Legislative Outcome: Passed Assembly 44-35-1 on Sep/05/2015; Passed Senate 23-15-2 on Sep/11/2015; Signed by Governor Jerry Brown on Oct/15/2015

On Families & Children: Require car seats for children under 2 years old

Pro-car seat argument by CSFTL (Car Seats For The Littles): Rear facing is 5 times safer for children who are between 1 and 2 years old. When children ride rear facing, instead of their head flying forward in a crash, the child's head, neck, and back will be supported by the car seat, reducing the amount of pressure put on the child's undeveloped spine.

Legislative Outcome: Passed Assembly 65-13-2 on May/11/15; Passed Senate 32-7-1 on Aug/24/15; Signed by Governor Jerry Brown on Sept/21/15

On Families & Children: Teach about dating and sexual violence in sex ed class

Pro-teaching argument by the CPEDV (California Partnership to End Domestic Violence): By addressing dating and sexual violence through a school-wide, coordinated policy response, we can create a safe space for students. AB 329 ensures that pupils gain the "knowledge and skills they need to form healthy relationships that are based on mutual respect and affection, and are free from violence, coercion, and intimidation." Dating abuse and sexual violence prevention can be addressed throughout sex education instruction.

Legislative Outcome: Passed Senate 26-14-0 on Sept/10/15; Passed Assembly 51-26-3 on Sept/11/15; Signed by Governor Jerry Brown on Oct/1/15.

On Government Reform: Pilot program for all-mail-in ballots

• This bill would, until 2020, authorize San Diego County to conduct, as a pilot program, an all-mailed ballot special election to fill a congressional or legislative vacancy.
• The bill would also authorize the county to process vote-by-mail ballots beginning 10 days before the election.

OnTheIssues Explanation: The states of Washington, Colorado and Oregon require all of their elections to be run entirely by mail. California is experimenting with the same idea in this bill, recognizing that a growing number of Californians prefer to vote-by-mail anyway. The "10 day" provision allows counting to begin before election day, to address the problem that several races were decided a week after election day, due to counting starting on election day.

On Government Reform: District-based elections OK even if protected class impaired

SFGate.com veto analysis: Gov. Brown said in his veto message that existing laws "already ensure that the voting strength of minority communities is not diluted." The law signed by Gov. Gray Davis in 2002 allows minority groups to challenge at-large (city-wide) elections, increasing the likelihood of control by a white majority. [Since 2002] over 100 local governments switched to district elections. The [new] law could challenge district lines if intended to dilute minority votes.

Legislative Outcome: Passed Senate 26-14-0 on 9/3/15; Passed Assembly 53-24-3 on 9/8; Vetoed by Gov. Brown on 10/10.

On Gun Control: Ban large-capacity kits, but veto other gun restrictions

• Existing law defines as assault weapon as a semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine, or a semiautomatic weapon that has a fixed magazine with a capacity to accept 10 or more rounds.
• This bill would add to that definition a semiautomatic centerfire rifle without a fixed magazine even if it accepts fewer than 10 rounds.

Status: (with 2 additional bills voted & vetoed in same week)
• 9/10/13: SB-374: wider definition of assault weapons: Passed House 44-31-3, passed Senate 21-15-3, Vetoed by governor
• 9/11/13: AB 48: Banning large capacity magazine conversion kits; Passed House 46-30-2, passed Senate 22-14-3, Approved by the Governor.
• 9/12/13: SB 755: 10-year prohibition on firearm purchases by people convicted of crimes (expanding list to include more misdemeanors); Passed House 45-28-5, passed Senate 25-12-2, Vetoed by governor

On Health Care: Expand Medi-Cal eligibility for ObamaCare

The Legislature finds:
• The United States is the only industrialized country in the world without a universal health insurance system.
• 46 million Americans did not have health insurance.
• The Affordable Care Act is the culmination of decades of movement toward health reform
• As a result of the Affordable Care Act, , by 2019, between 1.2 and 1.6 million individuals will be newly enrolled in Medi-Cal.
• It is the intent of the Legislature to ensure full implementation of the Affordable Care Act, including the Medi-Cal expansion for individuals with incomes below 133% of the federal poverty level.
• This bill would implement the Affordable Care Act by modifying provisions relating to determining eligibility for Medi-Cal.

Status:Bill passed Assembly, 54 -24-1; passed Senate, 28-8-3; approved by Governor, June 27,2013.

On Homeland Security: Ban drone use for photography on private property

Bill excerpt:A person is liable for physical invasion of privacy when the person knowingly enters onto the land or into the airspace above the land of another person without permission or otherwise commits a trespass in order to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity and the invasion occurs in a manner that is offensive to a reasonable person.

Legislative record: Passed Senate 40-0-0; passed House 78-0-2 Aug. 27; signed by Governor Oct. 6.

On Immigration: Allow driver's license for undocumented immigrants

• Existing law requires the Department of Motor Vehicles (DMV) to require an applicant for an original driver's license or identification card to submit satisfactory proof that the applicant's presence in the United States is authorized under federal law.
• This bill would require the department to issue an original driver's license to a person who is unable to submit satisfactory proof that the applicant's presence in the US is authorized under federal law if he or she meets all other qualifications for licensure and provides satisfactory proof to the department of his or her identity and California residency.

OnTheIssues Explanation: Undocumented immigrants have no federal authorization; this bill allows them to get a state driver's license regardless of their lack of federal authorization.

On Immigration: Allow non-English languages in public schools

California Proposition 58, Non-English Languages Allowed in Public Education (2016)
• Senate Bill 1174, also known as Proposition 58, was on the November 8, 2016, ballot in California ballot as a legislatively referred state statute. It was approved.
• A "yes" vote supported repealing most of the 1998 Proposition 227, the "English in Public Schools" Initiative, thus effectively allowing non-English languages to be used in public educational instruction.
• A "no" vote opposed repealing most of Proposition 227, which was designed to prohibit non-English languages from being used in public schools.
• Legislative outcome:
• Bill passed Senate 25-10-5 on 8/26/14; passed House 53-26-0 on 8/25/14; approved by Gov. Brown, 9/28/14