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Bay Area-based gun control bills advance

As a bipartisan deal on increased background checks for gun sales appears to be headed for defeat in the U.S. Senate, some state lawmakers from the Bay Area are celebrating their own progress on gun-control measures yesterday in Sacramento.

The state Senate Public Safety Committee advanced a slew of gun bills on a series of party-line, 5-2 votes yesterday.

Mark DeSaulnierAmong them were two bills by state Sen. Mark DeSaulnier, D-Concord.

SB 293 would require all newly made or imported handguns in California be “owner-authorized,” or “smart guns” personalized in a way that would allow them to be fired only by authorized persons. This requirement would take effect eighteen months after the state California Attorney General makes a finding that owner-authorized handguns are available for retail sale and meet stringent performance criteria specified in the bill.

And DeSaulnier’s SB 299 would require that every person whose firearm is lost or stolen must notify local law enforcement within 48 hours of the time they knew, or reasonably should have known, of the loss or theft. If the firearm is subsequently recovered, the local law enforcement agency would have to be notified within 48 hours as well.

“It is critical that we promote safe and responsible gun ownership,” DeSaulnier said in a news release. “These bills will help us prevent guns from falling into the wrong hands, and ensure they are only operated by their lawful owners.”

Leland YeeAlso passed by the committee were two bills by state Sen. Leland Yee, D-San Francisco.

SB 47 would prohibit the use of “bullet buttons” or other devices that allow for easily changeable magazines on firearms deemed assault weapons by state law. Such firearms would only be allowed to have ammunition magazines holding up to 10 rounds, which could not be changed without dissembling the weapon; essentially, bullets would have to be loaded one-by-one from the top of the gun.

And Yee’s SB 108 would require all guns to be properly stored when an adult isn’t home. Current law requires that gun owners own a trigger lock or safety lock box for their weapon, but doesn’t require such a device be used on an idle firearm; Yee’s bill would specifically require that any firearm be stored with a trigger lock or in a lock box at a residence when the owner isn’t there.

“The horrors of Newtown and countless other mass shootings are still with us,” Yee said in his own news release. “With this in mind, it is our responsibility to make sure our laws protect the innocent from the threat of gun violence.”

In other Bay Area-based gun policy news, Oakland City Council on Tuesday night unanimously approved a resolution asking the state Legislature to pass a bill creating a bullet tax.

AB 187 by Assemblyman Rob Bonta, D-Oakland, would impose a 10 percent tax on ammunition to fund crime prevention efforts in the state’s most crime-ridden areas. Bonta had said last month that his bill might merge with another lawmaker’s proposed nickel-per-round tax to fund mental-health screening for children. He also said his tax is mostly about generating money to “combat the gun violence in our communities,” but could have the “secondary benefit” of stemming “rampant sales.”

Oakland Councilwoman Rebecca Kaplan, who introduced the resolution along with City Attorney Barbara Parker, issued a statement saying that the bill’s endorsement is part of an effort to work with state officials to stop gun violence.

“This bill would significantly improve our ability to make communities safer,” Kaplan said. “I’m committed to working with leaders at all levels of government to stop gun violence.”

AB 187 is scheduled to be heard Monday, May 6 by the Assembly Revenue and Taxation Committee.

Posted on Wednesday, April 17th, 2013
Under: Assembly, California State Senate, gun control, Leland Yee, Mark DeSaulnier, Oakland City Council, Rebecca Kaplan, Rob Bonta | 6 Comments »

Pelosi to headline Eric Swalwell’s fundraiser

Someone who saw the item I posted earlier today about Rep. Eric Swalwell’s first-quarter fundraising prowess has just shared information that seems to cement the notion that the freshman has been embraced by the very Democratic machine that opposed him last year: House Minority Leader Nancy Pelosi will be headlining his fundraiser in May.

Tickets to the Monday, May 6 event at a Capitol Hill condo will cost $500 to $2,500 for individuals and $1,000 to $5,000 for political action committees.

That’s just two days after Pelosi, D-San Francisco is scheduled to headline a far cheaper Walnut Creek fundraiser for Rep. George Miller, D-Martinez.

Pelosi last year had endorsed Rep. Pete Stark for re-election to a 21st term, but that and other powerful endorsements didn’t keep Swalwell from unseating the irascible incumbent in November. Some had speculated he might get a cold shoulder upon arriving in Washington from those who’d opposed his candidacy, but several signs – including this fundraiser, as well as his January appointment as an assistant minority whip – indicate all has been forgiven.

That’s potentially bad news for state Senate Majority Leader Ellen Corbett, D-San Leandro, who also had hoped to succeed Stark in the 15th Congressional District and has a campaign committee that’s raising funds. Corbett may well have the support of some local Democrats and labor unions, but if people of Pelosi’s stature keep raising money for Swalwell, he’ll be tough for anyone to beat.

Posted on Tuesday, April 16th, 2013
Under: 2014 primary, campaign finance, Ellen Corbett, Eric Swalwell, Nancy Pelosi, U.S. House | 9 Comments »

Bill would force police to get warrants for emails

A Bay Area lawmaker’s new bill would require California law enforcement agencies to get a search warrant before asking service providers to hand over a private citizen’s emails.

SB 467 by state Sen. Mark Leno, D-San Francisco, is sponsored by the Electronic Frontier Foundation, a San Francisco-based civil liberties group. Leno introduced a place-holder version of the bill last month, but rolled out its operative language today.

go get a warrant“No law enforcement agency could obtain someone’s mail or letters that were delivered to their home without first securing a search warrant, but that same protection is surprisingly not extended to our digital life,” Leno said in a news release.

“Both state and federal privacy laws have failed to keep up with the modern electronic age, and government agencies are frequently able to access sensitive and personal information, including email, without adequate oversight,” he said. “SB 467 repairs the existing holes in California’s digital protection laws, ensuring that electronic communications can only be accessed by law enforcement with a warrant.”

Some law enforcement agencies have claimed investigators don’t need a warrant to obtain any email that has been opened or has been stored on a server for 180 days. The U.S. Department of Justice’s Office of Legal Policy recently announced it would support changes to federal law that would require a warrant in such cases.

“California, the home of many technology companies, should be a leader in protecting the privacy of people’s electronic communications,” EFF staff attorney Hanni Fakhoury said in Leno’s release. “Many of the state’s technology companies have already indicated that they require a search warrant before disclosing the contents of communications. With SB 467, the warrant requirement becomes the status quo for all electronic communication providers and all law enforcement agencies across the state.”

The American Civil Liberties Union also supports the bill, which “would ensure that content stored in the cloud receives the same level of protection as content stored on a laptop or in a desk drawer,” said Nicole Ozer, the Northern California ACLU’s technology and civil liberty policy director.

Posted on Wednesday, March 20th, 2013
Under: California State Senate, Civil liberties, Mark Leno | 2 Comments »

Mark Leno touts bill to end Cow Palace gun shows

The San Mateo and San Francisco boards of supervisors would have to pass resolutions supporting a gun show at the Cow Palace before any such events could be held there in the future, under a bill by state Sen. Mark Leno.

Those boards in the past have unanimously adopted resolutions urging the Legislature to end gun shows at the Cow Palace, an indoor arena on the Daly City-San Francisco border that’s owned and operated by the state Department of Agriculture’s Division of Fairs and Expositions.

So, Leno’s SB 475 would almost surely be the death knell for gun shows at what may be their most popular Northern California venue.

The Crossroads of the West Gun Show attracted thousands of people to the Cow Palace in January, less than a month after the shooting massacre at a Connecticut elementary school brought calls for new gun-control laws – calls which fueled a firearms feeding frenzy. People lined up hours in advance to get in.

That same Utah-based gun-show operator is scheduled to return to the Cow Palace for shows on April 13-14, June 29-30, Sept. 14-15 and Nov. 2-3.

Leno, D-San Francisco, introduced the bill Feb. 21 but held a news conference with local officials Friday outside the Cow Palace.

“For years, residents, community organizations and elected leaders from the neighborhoods surrounding Cow Palace have asked to have a voice in the decision to hold gun shows in their backyards, but they have been ignored,” Leno said in a news release. “Meanwhile, firearms related crimes persist in these communities, tearing apart the lives of innocent families who reside in the surrounding area. We must give local communities a say in determining whether they want gun shows in their neighborhoods, especially when they live in daily fear of gun violence.”

Leno noted the Cow Palace lies directly across from the Sunnydale public housing project and close to Visitacion Valley, Bayview-Hunters Point and the Mission District – a where many of San Francisco’s homicides and gun seizures occur.

San Francisco Supervisor Malia Cohen said gun violence has devastating impact on the community. “We have been working for years on the local level to do everything possible to limit unlicensed access to firearms and ammunition in an effort to address this violence. This proposed legislation will give San Francisco residents a needed voice in deciding the activities that go on in our own backyard.”

Leno authored two previous bills that would have banned gun shows at Cow Palace. The most recent bill, SB 585, was vetoed by Gov. Arnold Schwarzenegger in 2009.

The state Senate yesterday voted 31-0 to pass Leno’s SB 140, which would let the state Justice Department use surplus money from firearm background check fees to beef up the Armed Prohibited Persons System (APPS) program, which identifies and confiscates handguns and assault weapons from those no longer legally allowed to own them due to criminal convictions, mental illness or protective orders. Justice Department officials told the state Senate in January that they had a backlog of almost 20,000 names APPS had identified as no longer eligible to own firearms, without enough time, money and manpower to pursue those leads.

Hector Barajas, communications director for the California Senate Republican Caucus, sent an e-mail this morning questioning whether Leno is being “a bit hypocritical.”

“Yesterday Leno wanted to use money from individuals that legally purchase firearms to confiscate guns from people prohibited from owning them – using the money from the background checks to hire law enforcement personnel,” Barajas wrote. “And the very next day, Leno wants to prevent the legal sale of guns at the Cow Palace – if he does reduce the sale of guns or makes it more difficult, where is the state going to pay for the newly hired personnel?”

As a practical matter, it’s probably not a concern – California’s Dealer Record of Sale fee for background checks has been running a substantial surplus for years, so nixing gun shows at one venue almost surely won’t affect available funding. As a matter of principle – what do you think, readers?

Posted on Friday, March 8th, 2013
Under: California State Senate, gun control, Mark Leno | 1 Comment »

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 »

Senators say state DTSC will cooperate with probe

The state Department of Toxic Substances Control’s director promised Monday that she’ll work with state Senate investigators to explore claims that the agency hasn’t properly enforced regulations, lawmakers said.

Senate Majority Leader Ellen Corbett, D-San Leandro, said she and state senators Kevin de Leon, D-Los Angeles, and Ricardo Lara, D-Long Beach, met today with DTSC Director Debbie Raphael regarding recent claims raised in a Consumer Watchdog report and subsequent media stories. The senators have asked the Senate Office of Oversight and Outcomes to launch a probe.

“We must get to the bottom of questions prompted by the Consumer Watchdog report,” Corbett said in a news release. “I appreciate that Ms. Raphael welcomes transparency and accountability. I look forward to the Senate investigation and making whatever changes may be necessary for DTSC to effectively do its job.”

Posted on Monday, March 4th, 2013
Under: California State Senate, Ellen Corbett, Environment | 3 Comments »

Potential House rivals to share podium at dinner

Butter the popcorn and get ready for some interesting viewing: Potential rivals for an East Bay House seat will share the podium at a Democratic Party event next month in Hayward.

Eric SwalwellState Treasurer Bill Lockyer – who’s had a tough year of his own – is scheduled to keynote the Eden Area United Democratic Campaign’s annual St. Patrick’s Day dinner, but Rep. Eric Swalwell, D-Pleasanton, and state Senate Majority Leader Ellen Corbett, D-San Leandro, are among the other speakers.

Rep. Pete Stark, D-Fremont, was among the speakers at last year’s dinner, and he had the Eden Area UDC’s support in last year’s 15th Congressional District election; his campaign manager even worked out of the UDC’s office in Hayward for a while. Swalwell succeeded in unseating Stark, after Corbett – along with former Obama administration official Ro Khanna – declined to challenge Stark.

Ellen CorbettKhanna is now considering a 2014 run for the 17th Congressional District seat now held by Rep. Mike Honda, D-San Jose. But Corbett – who is term-limited out of the state Senate in 2014 – has left open the possibility that she’ll challenge Swalwell: “I would be honored to serve in Congress, but it’s too early to discuss 2014,” she said in November.

So Swalwell will be addressing a room full of people who just months ago were working hard to defeat him, and he’ll share the podium with someone who might challenge him next year. Fun for everyone!

The event is scheduled for 5:30 to 9 p.m. Thursday, March 21 in the Carpenters’ union hall on Mattox Road in Hayward; tickets are available online.

Posted on Wednesday, February 27th, 2013
Under: 2012 Congressional Election, California State Senate, Ellen Corbett, Eric Swalwell, U.S. House | 12 Comments »

East Bay lawmaker offers two gun control bills

California handguns would have to have owner-authorized safety mechanisms such as biometric readers, and stolen firearms would have to be reported within two days, under new bills from an East Bay lawmaker.

“Senseless violence occurs far too often when guns fall into the wrong hands,” state Sen. Mark DeSaulnier, D-Concord, said in a news release today. “I introduced these bills to improve gun safety and help law enforcement better keep firearms out of the hands of criminals or illicit gun traffickers.”

SB 293 would require that handguns have an owner authorized safety mechanism, such as biometric readers or other technologies.

SB 299 would require that anyone whose firearm is lost or stolen must notify local law enforcement within 48 hours of the time they knew, or reasonably should have known, of the loss or theft. If the firearm is later recovered, local law enforcement would have to be notified within 48 hours of the recovery.

DeSaulnier said his bills also take aim at reducing gun-related suicides, by decreasing illicit guns on the streets and preventing unauthorized users from operating handguns. About about 19,000 of the nation’s more than 31,000 gun-related deaths each year are due to suicide, he said, and firearms are the nation’s leading method of suicide.

DeSaulnier last year had authored SB 1366 requiring lost or stolen firearms to be reported to local law enforcement. Gov. Jerry Brown vetoed the bill in September, writing that “(f)or the most part, responsible people report the loss or theft of a firearm and irresponsible people do not,” and he was “skeptical that this bill would change those behaviors.”

Posted on Friday, February 22nd, 2013
Under: California State Senate, gun control, Mark DeSaulnier | 7 Comments »

State Senator resigns, takes job with Chevron

Cue the feeding frenzy: A California State Senate seat just became available.

State Sen. Michael Rubio, D-Shafter, announced today he’s resigning effective immediately and has accepted a job as manager of California government affairs for San Ramon-based oil giant Chevron Corp.

“As many of you know, a little over a year ago I decided not to run for the United States Congress to meet the needs of my growing family,” Rubio said in a statement issued today. “My time serving since then has been a blessing, but it has also been a challenge. I have missed too many family dinners, bedtime stories and parent-teacher conferences. My wife and I have been blessed with two beautiful daughters, from whom we have learned a great deal.”

“Our youngest child, who has special needs, has given me great perspective as to life’s priorities and our eldest has reminded me that the most critical decisions are made at home and not under the Capitol dome,” he continued. “I have realized that my current professional path has left little opportunity to be home for those who are most important to me, which is why I am making a change.”

Rubio said his job with Chevron means working for a respected company “with deep roots in Kern County near the very oil fields where I was born. I am truly grateful for the rare opportunity to serve and the support I have been given. Thank you to everyone who made it possible. In my absence, Senate staff will remain in the district and Capitol offices to respond to the needs of residents of the 16th State Senate District – as they have always done.”

Rubio was elected to the 16th District in November 2010, representing all or portions of Fresno, Kern, Kings and Tulare Counties; at 35, he has been the state Senate’s youngest member. Earlier, he was a Kern County supervisor.

Posted on Friday, February 22nd, 2013
Under: California State Senate | 2 Comments »

Activists react to bill to revoke Scouts’ tax breaks

A new California bill that would end tax breaks for youth groups that discriminate based on sexual orientation, including the Boy Scouts of America, is stirring both grassroots support and opposition.

Some California organizations, defined in a similar way to non-profit organizations under federal law, get exemptions from state corporate taxes and taxes on items they sell, such as the popcorn Scouts often sell to raise funds. SB 323 by state Sen. Ricardo Lara, D-Long Beach, would end this exemption for youth groups that discriminate by treating their sales to the same extent as any other retailers; it also would require organizations with discriminatory policies to pay corporate taxes on donations and other forms of income.

BSA“Our state values the important role that youth groups play in the empowerment of our next generation; this is demonstrated by rewarding organizations with tax exemptions supported financially by all Californians,” Lara said Tuesday in a news release announcing the bill. “SB 323 seeks to end the unfortunate discriminatory and outdated practices by certain youth groups by revoking their tax exemption privilege should they not comply with our non-discrimination laws.”

An online petition launched by an activist and former Boy Scout to urge this bill’s passage already has more than 8,300 signatures. Petitioner Eddie Kurtz, who works with the Courage Campaign, said he joined as a Cub Scout and finished at the rank of Life Scout, one short of the Eagle Scout award.

“Scouting stands for the finest qualities of humanity: self-reliance, creativity, and an appreciation of nature. Most of all, we were taught how to act as responsible, respectful citizens,” Kurtz said in a news release Thursday. “This is why the Boy Scouts’ continued policy of excluding members based on their sexual orientation is so upsetting to me. It flies in the face of the very values that the scouting tradition professes to teach. As a straight ally, I can’t sit idle while the current leaders of the Boy Scouts disgrace this once-proud American institution with their personal bigotry.”

But the conservative Pacific Justice Institute will be working to oppose the bill; the group’s website refers to SB 323 as “forced lifestyle acceptance.”

“From the plain text of this bill, it is clear to us that SB 323 is one of the most outrageous bills we have seen in California — and that’s saying a lot,” PJI President Brad Dacus said in a news release Thursday. “We have been warning for years that the gay lobby would eventually use tax exemptions to force non-profits to capitulate to their demands, but it’s still shocking to see it actually in print and on its way to becoming law.”

Because SB 323 would essentially raise taxes on some organizations, it will require a 2/3 vote in each legislative chamber in order to pass – a majority Democrats attained in last November’s election.

The Boy Scouts of America’s executive board this month delayed a decision on whether to change its long-standing policy of excluding LGBT youths and adults; the organization’s full national council is expected to revisit the issue in May.

(Full disclosure: I’m an Eagle Scout, and a registered committee member in my son’s troop.)

Posted on Thursday, February 21st, 2013
Under: California State Senate | 12 Comments »