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Bill: State must buy or take Khosla’s beach land

Billionaire venture capitalist Vinod Khosla either would have to voluntarily sell part of the beach property he bought in 2008 to the state or else see it seized under eminent domain powers, under a bill to be introduced Friday by a Bay Area lawmaker.

State Sen. Jerry Hill, D-San Mateo, plans a news conference Friday near Half Moon Bay to roll out a bill he says would settle the years-long battle between Khosla, 59, of Portola Valley, and various local residents and groups. The battle is being watched across the nation as a key, possibly precedent-setting showdown between private property owners and public access rights.

Khosla – a Sun Microsystems cofounder and prominent donor to President Obama – in 2008 paid $37.5 million for 89 acres near Martin’s Beach, a popular surfing and picnicking spot south of Half Moon Bay. The property’s previous owners had charged visitors $5 for access and parking at the beach, but Khosla built a gate and declared the beach closed to the public.

Hill’s bill would require the State Lands Commission to start negotiations with Khosla to buy all or part of the property for a public access road; if no deal is struck within a year, the bill would require the commission to acquire all or part of it by eminent domain to create that road.

Vinod KhoslaA group of surfers who were arrested in October 2012 for walking around the gate and down the road to the beach dubbed themselves “Martin’s 5;” county prosecutors later dropped the charges.

A group of three surfers calling themselves Friends of Martin’s Beach sued to restore public access, citing a section of the state constitution that says property owners can’t completely block access to public bodies of water. But San Mateo County Superior Court Judge Gerald Buchwald ruled in October that this provision doesn’t apply because the constitution was predated the original land grant, which dates back to 1848.

The Surfrider Foundation has sued Khosla too, based mostly on the California Coastal Act and claiming Khosla didn’t get a coastal development permit for the gate and “keep out” signs. That case is scheduled to be tried later this year.

Posted on Thursday, February 6th, 2014
Under: California State Senate, Jerry Hill | 1 Comment »

Bill would ban sale of license-plate reader data

Those who collect data with automatic license-plate readers would be prohibited from selling or sharing it except among law enforcement agencies, under a bill introduced Friday by a Bay Area state Senator.

“Automatic license plate reader technology is a useful tool for law enforcement,” state Sen. Jerry Hill, D-San Mateo, said in a news release. “But use of this technology must be balanced with personal privacy.”

Used mainly by law enforcement agencies, automatic license plate reader technology uses high-speed cameras – often mounted on police cars, but sometimes mounted at fixed points as well – along with software and criminal databases to rapidly check and track the license plates of millions of Californians. It’s also often used by private, non-law enforcement entities, such as parking and repossession companies.

But as use of this technology has increased, so has the concern of civil libertarians; current law doesn’t require LPR operators to keep the data private.

Under SB 893, data that’s less than five years old could be sold or provided only to law enforcement; data that’s more than five years old would be available to law enforcement only with a court order. Violators would be subject to civil lawsuits, with anyone affected by a privacy breach entitled to recover damages including costs and attorney’s fees.

license plate readersHill notes license-plate readers are an important law-enforcement tool: The Sacramento County Sheriff’s Department, in its first 30 days of using the technology, identified and located 495 stolen vehicles, five carjacked vehicles, and 19 other vehicles that were involved in felonies. These identifications led to 45 arrests, including some people suspected of bank robbery and home invasion.

“Law enforcement will still be able to continue to use LPR technology to catch criminals,” Hill said. “But Californians will have peace of mind that their personal information is safeguarded.”

Posted on Friday, January 10th, 2014
Under: California State Senate, Civil liberties, Jerry Hill, Public safety | 5 Comments »

State Sen. Jerry Hill tapped to chair enviro panel

California Senate President Pro Tem Darrell Steinberg has nominated state Sen. Jerry Hill, D-San Mateo, to chair the Senate Committee on Environmental Quality.

The nomination – to fill the vacancy created by the abrupt resignation of former chairman Michael Rubio, D-Shafter – will be considered Thursday by the Senate Rules Committee.

“During this legislative session, we will tackle multiple pressing policies of major consequence to California’s environment and the quality of life that makes California attractive, competitive, and pioneering,” Steinberg, D-Sacramento, said in a news release. “The Senate’s Environmental Quality Committee will lead the discussion on strengthening the California Environmental Quality Act, on water quality, and on hazardous waste. This heavy agenda promises two momentous years for California’s nationally-renowned leadership on environmental policy.”

Steinberg said Hill’s 13th State Senate District, with both a long stretch of Pacific coastline and a significant chunk of Silicon Valley, “embodies the confluence of economic growth and outstanding natural beauty.

“He is well-positioned to appreciate the complexities of this challenge, and well-versed in the false dichotomy that pitches business against the environment,” Steinberg said. “California has led, and will continue to lead the nation in smart, environmentally sustainable economic growth.”

Hill said he’s honored by Steinberg’s nomination “and I look forward to working collaboratively with him and all of the Environmental Quality Committee stakeholders to protect the environment while ensuring that our laws are aligned with California’s 21st century economy.”

Posted on Tuesday, March 5th, 2013
Under: California State Senate, Environment, Jerry Hill | No Comments »

Bay Area Senators revive DISCLOSE Act

Two Bay Area state Senators announced Thursday the re-introduction of a bill requiring that the top three funders of political ads be clearly identified, both on the ads themselves and on the campaign’s website.

SB 52, the Democracy is Strengthened by Casting Light on Spending in Elections (DISCLOSE) Act, by state Senators Mark Leno, D-San Francisco, and Jerry Hill, D-Palo Alto, is sponsored by the California Clean Money Campaign. It applies to advertising for ballot measure campaigns, independent expenditures and issue advocacy. The bill introduced today is intent language, to which details will be added early next year before it’s heard in policy committees.

“We saw evidence in the most recent election cycle of unnamed organizations throwing around large sums of money in order to confuse California voters,” Leno said in a news release. “The only way to stop this covert financing of campaigns is to require the simple and clear disclosure of the top three funders of political ads so voters can make well-informed decisions at the ballot box.”

Hill said the bill is “vital to protecting the integrity of our democratic process and ensuring fair elections in our state. After seeing billions of dollars flow into elections across our country after the Citizens United decision, we need the DISCLOSE Act now more than ever.”

California Clean Money Campaign president Trent Lange said more than 350 groups and individuals signed on to support the last version of this bill and more than 84,000 Californians signed petitions for it, “demonstrating the rising outcry to stop Big Money special interests from deceiving voters when they fund political ads.”

Actually, this effort has had several iterations recently. AB 1148 last January got 52 Assembly votes, falling short of the two-thirds supermajority it needed to pass. And AB 1648 was passed by the Assembly in August after being amended to require only a simply majority vote, but was stuck in a state Senate committee at the end of the last session. Both of those bills were authored by then-Assemblywoman Julia Brownley, now congresswoman-elect for the 26th House District.

Posted on Thursday, December 20th, 2012
Under: California State Senate, campaign finance, Jerry Hill, Mark Leno | No Comments »

New laws signed on prostitution, child car seats

Gov. Jerry Brown signed several bills by Bay Area lawmakers today, including one that lets juveniles convicted of prostitution seal their records without proving they’ve been rehabilitated, and another that aims to boost infant car-seat safety.

AB 2040, by Assemblyman Sandré Swanson, D-Oakland, “provides that an adult who was previously adjudicated to be a ward of the juvenile court because he or she committed a prostitution offense may petition the court to seal the records of the offense, regardless of the person’s criminal record or proof of rehabilitation,” according to the most recent legislative analysis. This relief isn’t available to those minor “johns” who paid or offered to pay a prostitute. The Assembly had passed this bill 49-21, and the state Senate approved it unanimously, 36-0.

AB 1452, by Assemblyman Jerry Hill, D-San Mateo “requires hospitals, clinics, and birthing centers, when discharging a child, to give the parent or the person to whom the child is released specific contact information for organizations that provide assistance with the use, law, and installation of child passenger restraint systems,” the analysis said. The Assembly passed this bill on a 61-14 vote, and the state Senate on a 31-6 vote.

See what other Bay Area bills the governor signed into law today, after the jump…
Read the rest of this entry »

Posted on Monday, August 27th, 2012
Under: Assembly, Bob Wieckowski, Jerry Brown, Jerry Hill, Joan Buchanan, Sandre Swanson | 15 Comments »

Will Jerry Brown sign them or not?

The Legislature has adjourned for a month, and now we sit with bated breath, waiting to see which of the slew of bills it sent Gov. Jerry Brown this week – including some interesting ones from the Bay Area delegation – will actually get his signature.

signature gatheringFor example, SB 168, by state Sen. Ellen Corbett, D-San Leandro, forbids paying ballot measure petition signature gatherers on a per-signature basis, which she says will reduce fraud by reducing the temptation to pad out petitions with bogus names. Opponents say there’s little evidence of such fraud, and outlawing per-signature payment will make it prohibitively expensive to wage ballot-measure campaigns. Secretary of State Debra Bowen, the state’s chief elections officer, is among those who have endorsed the bill. The state Senate passed SB 168 in May on a 23-15 vote, and the Assembly passed it yesterday on a 48-28 vote.

National Popular VoteAB 459, by Assemblyman Jerry Hill, D-San Mateo, would ratify a national “National Popular Vote” plan by agreeing that California would award its Electoral College votes to the presidential ticket that gets the most popular votes nationwide. Similar bills already have passed in Hawaii, Illinois, Maryland, Massachusetts, Maryland, New Jersey, Vermont and Washington plus the District of Columbia, but approval by California – with its 55 electoral votes – would push considerably closer to the goal of reaching the 270 out of 538 needed to activate the plan. Proponents say the bill would boost California’s stature in the presidential election process. The Legislature approved similar bills in 2006 and 2008 but Gov. Arnold Schwarzenegger vetoed them. The state Senate approved it yesterday on a 23-15 vote, and the Assembly passed it later yesterday on a 49-5 vote.

jailhouse informantsAnd SB 687, by state Sen. Mark Leno, D-San Francisco, would ensure that no judge or jury convicts a defendant, or approves an aggravating factor in a crime that allows for a stricter penalty, based solely on the uncorroborated testimony of a jailhouse informant. The bipartisan California Commission on the Fair Administration of Justice recommended this in 2006 as a means of avoiding wrongful convictions; it’s supported by the San Francisco and Los Angeles district attorneys, among others, but the California District Attorneys Association opposes it. Gov. Arnold Schwarzenegger vetoed similar bills. The state Senate passed it in May on a 23-15 vote, and the Assembly passed it yesterday on a 47-26 vote.

Posted on Friday, July 15th, 2011
Under: 2012 presidential election, Assembly, ballot measures, California State Senate, Ellen Corbett, Jerry Brown, Jerry Hill, Mark Leno, Public safety | No Comments »

It’s no NY, but CA still mulling same-sex rights

New York State on Friday enacted a law allowing same-sex couples to marry, and while the California Legislature is somewhat stymied from following suit until courts figure out whether our state constitutional ban on the practice will stand, it is moving on other same-sex equality fronts.

SB 651 by state Sen. Mark Leno, D-San Francisco, would eliminate the requirement that couples must live together before entering into a domestic partnership. The state Senate passed this bill June 1 on a 24-15 vote; the Assembly Judiciary Committee is scheduled to hear it at 9 a.m. tomorrow, Tuesday, June 28.

SB 117 by state Sen. Christine Kehoe, D-San Diego, would require that all state contractors paid more than $100,000 don’t discriminate on the basis of gender or sexual orientation of their employees’ spouses or domestic partners. Current law requires agencies to ensure contractors don’t discriminate between married employees and employees in domestic partnerships when providing benefits, but doesn’t cover same-sex couples who married during the period from when the statutory ban on it was voided by the California Supreme Court in May 2008 until voters approved Proposition 8’s constitutional ban in November 2008. The state Senate approved this bill May 9 on a 21-15 vote; it’s now awaiting an Assembly floor vote.

And AB 1349 by Assemblyman Jerry Hill, D-San Mateo, would clarify that courts can consider the relationship between a child and his or her biological and non-biological parents are when they’re asked to rule on who that child’s legal parents are. Current law lets biological parents sign a Voluntary Declaration of Paternity that can be used to cut off a non-biological parent’s relationship. The Assembly passed this bill May 2 on a 52-22 vote; it’s now awaiting a state Senate floor vote.

Posted on Monday, June 27th, 2011
Under: Assembly, California State Senate, Jerry Hill, Mark Leno, same-sex marriage | 2 Comments »

More from local lawmakers on Brown’s budget

I spent the day speaking with Bay Area lawmakers about Gov. Jerry Brown’s budget proposal, and as always, there was a lot more than could fit into the story filed for the print editions.

Fiona Ma“Democrats elected Jerry Brown and part of why we elected him is because of his leadership, the fact that he’s been there and done that and now has the courage to tell the voters the real deal and make those cuts, even in the face of opposition from our traditional allies and friends,” said Assemblywoman Fiona Ma, D-San Francisco, predicting that while some details might be dickered over, Brown’s overall plan won’t see much opposition from legislative Democrats.

As for legislative Republicans, she said, they’ve never presented a full budget plan of their own: “They have not been part of the solution… They’ve just been saying ‘no, no, no.’”

Voters will have to see past ideology and idealism this year, she said. “We just explain the reality: We have 33 cents in our pocket yet we want to go buy the toy that costs a dollar and we’ve maxed out all our credit cards – well, that’s not going to work anymore.”

Assemblywoman Joan Buchanan, D-Alamo, said she already has been telling her constituents they can’t both expect lowered taxes and full, quality state services, and has found “people are very receptive in terms of knowing someone understands the problem and is honest with them.”

Buchanan said everyone has certain programs they’d like to protect, but the reality is that California must decide how to get the most bang for the bucks it already has. Brown’s plan acknowledges this, she said: “I can’t say it’s perfect or that I’ll necessarily agree with every single part of it … but when I look at how he’s put the whole package together, I think overall he’s done an excellent job.”

Assemblyman Jerry Hill, D-San Mateo, says specificity will be the key in convincing Californians to support extending the taxes already in effect for another five years, as Brown proposes. The message has to be that if those taxes aren’t extended, “then your school district will look like this, and your public safety system in California will look like this,” he said. “We need to show everyone, and I need to see it too – I have an understanding and a perception of how it would be, but I need to know how painful it would be – how many fewer teachers would we have?

Assemblywoman Nancy Skinner, D-Berkeley, said she’s “pleased that our schools are at least being maintained, our K-12 schools, at the level they were this year – we can’t throw away a generation of children. The other cuts, we’re going to have start engaging in great detail.”

Assemblywoman Mary Hayashi, D-Castro Valley, said “we just have to be realistic about what we can do, where we’re going, and focus on creating some real structural reform,” adding that while she may not agree with every element of Brown’s plan, his personal engagement with lawmakers is refreshing. “It’s great, but at the same time, this is going to be really tough.”

Posted on Tuesday, January 11th, 2011
Under: Assembly, Fiona Ma, Jerry Hill, Joan Buchanan, Mary Hayashi, Nancy Skinner, state budget | 2 Comments »

New bills on booze, child care, energy, bullies

Like the swallows to San Juan Capistrano, state lawmakers flocked back to Sacramento today, some to be sworn into their new terms, some to introduce bills, some perhaps just to keep their seats warm.

Among the Bay Area delegation’s legislative priorities: sangria, child care, party buses, public utilities, human trafficking, renewable energy and bullying (in no particular order).

State Sen. Mark Leno, D-San Francisco – who was announced today as the new chairman of the Senate Budget Committee – introduced a bill that would lift state law’s ban on sale of infused alcohol. Believe it or not, it’s illegal under existing law for a bar to mix up a big jar of sangria, or to infuse a big container of vodka or some other liquor, for later use and sale; such things can only be made to order. As a resurgence of the art of the cocktail has swept the state, many bar owners have ignored this rule – at their peril, it turned out, when the state Department of Alcoholic Beverage Control started handing out warnings and citations earlier this year. Leno estimates half of the Bay Area bars’s create and serve infusions, including limoncello, sangria, fruit flavored tequilas and many flavors of infused vodka, and his SB 32 is supported by the Golden Gate Restaurant Association.

State Sen. Ellen Corbett, D-San Leandro, was named Majority Leader – second in command, responsible for setting the Democratic agenda and the Senate’s floor operations – and introduced a bill to restore the $256 million for Stage 3 child care that Gov. Schwarzenegger line-item vetoed out of the state’s budget. The Stage 3 program provided child care services to more than 81,000 children and some 60,000 working families statewide; a court has put the cut on hold until Dec. 31, and the First 5 Commissions in many counties – including Alameda and Santa Clara – are footing the program’s bills until funding can be restored. “This money is vital for thousands of working parents, their children, and their caregivers who depend on these centers being open,” Corbett said in a news release.

On the Assembly side, Assemblyman Jerry Hill, D-San Mateo, co-authored the Assembly version of the bill to restore the vetoed child-care funds, and also introduced his own bill to crack down on operators of “party buses” that allow underage drinking aboard their vehicles. Prompted by the death of a 19-year-old from Burlingame, Hill’s AB 45 would require bus drivers – just as limousine drivers already are required – to make underage passengers sign statements that their consumption of alcohol is illegal, and then end the ride if any underage passengers imbibe. Fines starting at $2,000 for a first offense could be imposed by the Public Utilities Commission against companies that don’t comply, and further violations could result in license suspensions or revocations; party bus operators also could be charged with a misdemeanor.

Hill also introduced a bill, inspired by the Sept. 9 natural gas blast that killed eight people and flattened 27 San Bruno homes, that would prevent utilities from using ratepayer money to pay penalties or fees assessed by the Public Utilities Commission; require utilities that own or operate gas facilities to annually report to the PUC any pipeline problems; require utilities to create public education programs on their emergency response plans; require gas pipeline owners or operators to prioritize pipelines near seismically active areas for increased safety oversight, and by 2020 to create programs to upgrade their facilities for state-of-the-art inspection methods; require the PUC to set minimum standards to install automatic and/or remote shutoff valves; and require the PUC to ensure utility owners actually use rate increases to pay for the projects they propose, with any diversions publicly explained.

Lots more, after the jump…
Read the rest of this entry »

Posted on Monday, December 6th, 2010
Under: Arnold Schwarzenegger, Assembly, California State Senate, Ellen Corbett, energy, Jerry Hill, Joe Simitian, Mark Leno, Sandre Swanson, state budget, Tom Ammiano | No Comments »

Bowen: Contractor messed up voter guide mailing

A contractor’s error was responsible for some Bay Area households never receiving their official state voters’ guides before the June 8 primary, Secretary of State Debra Bowen reports.

In a letter sent yesterday to Assemblyman Jerry Hill, who’d contacted Bowen’s office after taking complaints from San Mateo County residents, Bowen said managers at Admail West, the Sacramento firm contracted to mail the guides, admitted “their company is responsible for duplicate or triplicate mailings of state voter guides to voter households in some counties, while at the same time failing to mail a single state voter guide to other households.”

“No one at Admail West has ever been able to fully explain the extent of the mailing problem, or why the company did not have better quality-assurance procedures in place for such an important statewide project,” Bowen wrote. “Moreover, Admail West managers reported that the one employee who handled the mailing data and caused the San Mateo County mailing errors passed away in June, and many key details are not known by anyone else at the company.”

Regardless of who screwed up at Admail West, she wrote, “there is no excuse for the sloppy tracking and lack of quality control by any vendor when the Secretary of State’s office provides extremely clear mailing specifications and voter address data.”

Checking around online, I see that Admail West’s president is Kathleen Pescetti. Her husband is Anthony Pescetti, the Republican former Assemblyman from Gold River; their son, also named Anthony, is Admail West’s business development manager.

Hill, D-San Mateo, issued a news release today noting there are still unanswered questions that must be resolved to ensure this doesn’t happen again: “I will be working with the Secretary of State to identify corrective actions that may include legislation or a state audit.”

Hill on June 16 introduced AB 814, which would require that for a statewide election, officials include a notification with the sample ballot informing voters they can obtain a voter information guide on the Secretary of State’s website. The notice also would include the telephone number, designated by the county elections official, at which a voter could request that a ballot pamphlet be mailed to him or her; ballot pamphlets also would be made available at polling places. The bill passed the state Senate Appropriations Committee on a unanimous vote Monday, and now awaits a Senate floor vote.

Hill also this year authored AB 1717, authorizing county and city elections officials to create procedures letting a voter opt out of receiving their sample ballot, voter pamphlet and polling-place notice by mail and instead get them electronically by e-mail or on the county’s or city’s Web site. Gov. Arnold Schwarzenegger signed that bill into law last month.

Posted on Friday, August 6th, 2010
Under: Assembly, Debra Bowen, Elections, Jerry Hill | 2 Comments »