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Ruling gives new drive to medical marijuana bill

A Bay Area lawmaker says today’s California Supreme Court decision that local governments can ban medical marijuana dispensaries is all the more reason to support his bill to create statewide regulation under the Department of Alcoholic Beverage Control.

AB 473, by Assemblyman Tom Ammiano, D-San Francisco, was passed by the Assembly Public Safety Committee two weeks ago on a 5-2 vote, and now is pending before the Appropriations Committee. Here’s what Ammiano said today:

Tom Ammiano“As I understand it, the court ruling says Riverside County can, under current state law, prohibit dispensaries. However, it allows a big hole for the legislature to drive through. The court wrote: ‘Of course, nothing prevents future efforts by the Legislature, or by the People, to adopt a different approach. In the meantime, however, we must conclude that Riverside‘s ordinances are not preempted by state law.’

“To me, that sounds like a call for the Legislature to act. I hope to move toward that different approach so we can ensure that patients have access to medical cannabis wherever they live.

“That’s what the voters of California wanted when they passed the Compassionate Use Act.

“In the meantime, my AB 473 can be a kind of friendly persuasion. It provides a way to make localities more open to allowing dispensaries. State regulation should reassure them (and the federal government) that dispensaries can operate safely, legally without threats to the communities where they are located.

“In fact, I think they will see that dispensaries often stabilize and contribute to their communities because of greater attention to security and increased tax revenues.”

Drug-reform groups are on aboard, given today’s court ruling.

“It is time for the state legislature to enact state-wide medical marijuana oversight and regulation that both protects patient access and eases the burden on localities to deal with this issue on their own,” Tamar Todd, senior staff attorney for the Drug Policy Alliance, said in a news release. “Localities will stop enacting bans once the state has stepped up and assumed its responsibility to regulate.”

Don Duncan, California policy director of Americans for Safe Access, said “the ball is in the legislature’s court to establish statewide regulations that both meet the needs of patients and keep communities safe.”

Posted on Monday, May 6th, 2013
Under: Assembly, marijuana, Tom Ammiano | 3 Comments »

Gov. Jerry Brown signs law to fund gun seizures

Gov. Jerry Brown has signed into law a Bay Area senator’s bill to use $24 million from gun background-check fees to boost a program that takes handguns and assault weapons away from those who aren’t legally allowed to have them.

This is the first gun-policy bill to make it to Brown’s desk this year.

SB 140 by state Sen. Mark Leno, D-San Francisco, gives a big boost to the state Justice Department’s Armed Prohibited Persons System (APPS), which cross-references the state’s list of handgun and assault-weapon owners with ever-updated lists of newly convicted felons and mental-health commitments. APPS, launched in 2007, had developed a huge backlog; the new law is effective immediately because it was designated an urgency measure.

“While our state is the only one in the nation that has a system to track and identify persons who at one time made legal purchases of firearms but are now barred from possessing them, until now we have lacked sufficient resources to take back those weapons,” Leno said in a news release. “We know for the safety of our communities that these people should not possess guns, and our reinvestment in this tracking program gives us the opportunity to confiscate them.”

The Justice Department’s Firearms Bureau has identified about 20,000 Californians who illegally possess an estimated 40,000 handguns and assault weapons, and the list grows longer by 15 to 20 people per day. Attorney General Kamala Harris said the money will let her increase the number of agents who go out and seize these firearms.

Agents last year seized more than 2,000 firearms, 117,000 rounds of ammunition and 11,072 illegal high-capacity magazines in targeted sweeps.

Gun-rights and lobbying groups including the National Rifle Association, the National Shooting Sports Foundation and the California Rifle and Pistol Association had opposed the bill, saying lawful gun owners shouldn’t pay the cost of such a program; any surplus background-check fee money should be returned or lead to a reduction in the fee, they said.

The Legislature’s final votes on SB 140 were 65-10 in the Assembly and 37-0 in the state Senate.

Posted on Wednesday, May 1st, 2013
Under: Assembly, California State Senate, gun control, Jerry Brown, Mark Leno | 21 Comments »

A gun-policy bill on which both parties agree

Apparently there’s at least one gun-policy bill in Sacramento on which both sides of the aisle can agree.

The state Senate Public Safety Committee today approved SB 644, by Sen. Anthony Cannella, R-Modesto, which would increase penalties for felons caught in possession of firearms.

It’s already illegal in California for convicted felons to possess firearms, but current law limits the punishment for that crime to three years or less; SB 644 would increase that sentence to as much as six years and would automatically count such a conviction as a new strike under the state’s “Three Strikes” law.

“I think we all can agree enforcing existing gun laws and giving them real teeth is good public policy,” Cannella said in a news release. “Under the current statute, a felon in possession of a gun does not constitute a serious or violent crime, whereas someone entering a private residence while no one is home is considered a serious offense. A felon in possession of a firearm is surely more of a danger to public safety than someone entering a private residence while no one is home.

“Getting these criminals off our streets is real gun control,” he said. “This is a common sense bill that makes a difference and keeps our families safer.”

Cannella spokesman Jeff Macedo said the committee passed the bill just a few minutes ago. A final vote isn’t available yet because committee vice chairman Joel Anderson, R-El Cajon, and member Kevin de Leon, D-Los Angeles, were absent and could still add their votes before the committee adjourns today, but there aren’t any “no” votes thus far.

SB 644 now goes to the state Senate Appropriations Committee. It’s supported by the National Rifle Association, the California Rifle and Pistol Association, and the Modesto and Salinas Police Departments.

UPDATE @ 5:06 P.M.: The committee’s final vote was 6-0; contrary to my earlier information, it was actually state Senate President Pro Tem Darrell Steinberg, D-Sacramento, who was absent and didn’t cast a vote today.

Posted on Tuesday, April 30th, 2013
Under: California State Senate, gun control | 1 Comment »

Mark DeSaulnier named ‘Regionalist of the Year’

The Bay Area Council, a public policy group consisting of the region’s 275 largest employers, has named state Sen. Mark DeSaulnier as its inaugural “Regionalist of the Year.”

Mark DeSaulnierThe council called DeSaulnier, D-Concord, a champion of regional cooperation and solutions on issues of transportation, healthcare, economic, housing, land-use planning and environmental protection, among others.

“Sen. DeSaulnier throughout his career of service at the city, county and state levels has exhibited his commitment to the Bay Area as a region and his commitment to serve the needs of the Bay Area and all the people of this region not just those who voted for him,” council president and CEO Jim Wunderman said in a news release. “Mark understands that cities and counties and districts cannot succeed unless the region as a whole is working together to accomplish common and mutually beneficial goals. Sometimes regionalism does not play well at home, but Mark has always exhibited the political courage to do what is right for our region.”

As a Contra Costa County supervisor, DeSaulnier served on the boards of all three of the Bay Area’s regional agencies: the Association of Bay Area Governments, the Bay Area Air Quality Management District, and the Metropolitan Transportation Commission. He also served on the California Air Resources Board, and the council says he was “an early and ardent proponent of taking an integrated, regional approach to housing, land use and transportation planning – long before the approach was officially codified through the current Sustainable Communities Strategy.”

DeSaulnier played a key role in creating the Joint Policy Committee, a leadership group of the Bay Area’s main regional agencies aimed at improving their efficiency and integration. And he has championed several critical regional transportation projects, including the expansion of Highway 4, BART to eastern Contra Costa County, and the Caldecott Tunnel’s fourth bore.

Posted on Monday, April 29th, 2013
Under: California State Senate, economy, Environment, housing, Mark DeSaulnier, Transportation | 4 Comments »

Oil severance tax measure to start circulating

A proposed ballot measure to enact an oil severance tax, with most of the revenue spent on education, has received its official title and summary and is about to start circulating for petition signatures.

California oil wellsConceived by UC-Berkeley students, the California Modernization and Economic Development Act places a 9.5 percent tax on oil and gas extracted from California; supporters say it would bring about $2 billion of new revenue per year. Of that, about $1.2 billion would be allocated in four equal parts towards K-12 education, California Community Colleges, California State University and the University of California.

Another $400 million or so would be used to provide businesses with subsidies for switching to cleaner, cheaper forms of energy, and about $300 million would go to county governments for infrastructure repair, public works projects, and funding public services.

Californians for Responsible Economic Development, the group behind the measure, has 150 days to collect 505,000 signatures in order to qualify it for the 2014 ballot. The group says it’ll do both grassroots organizing and fundraising for paid signature gathering.

California over recent decades has seen many legislative bills and ballot measures – either proposed, or unsuccessful with voters – to impose such a tax. More than 30 states have oil and gas severance taxes, but opponents say such a tax could reduce California’s oil production, costing jobs.

Former U.S. Labor Secretary Robert Reich, now a Cal professor, endorsed the effort in February, saying using oil severance tax revenue for education “should be a no-brainer. It will only improve our schools. The real question is why California hasn’t done this long before now.”

The measure last week won support from state Senator Noreen Evans, D-Santa Rosa, whose SB 241 would impose an oil severance tax to fund education and parks in California. She said she supports any effort to let “California to collect on these vast and irreplaceable natural resource revenues that should fund one of the most important core services of government – education. It’s past time California ends the oil industry’s free ride and finally sets a solid revenue stream towards funding government’s education obligations.”

CMED campaign manager Jack Tibbets, a junior at Cal, said his staff will be working closely with Evans’ office. “Should the Senate fail to vote and pass SB 241, our campaign will work with public officials, donors, interest groups and students to produce an extraction tax for the 2014 ballot.”

Here’s the official title and summary issued today by the state Attorney General’s office:

TAX ON OIL AND NATURAL GAS. REVENUES TO EDUCATION, CLEAN ENERGY, COUNTY INFRASTRUCTURE AND SERVICES, AND STATE PARKS. INITIATIVE STATUTE.
Imposes 9.5% tax on value of oil and natural gas extracted in California. During first ten years, allocates revenues: 60% to education for classroom instruction (split equally between UC, CSU, community colleges, and K-12 schools); 22% to clean energy projects and research; 15% to counties for infrastructure and public health and safety services; 3% to state parks. Thereafter, allocates 80% to education, 15% to counties, and 5% to state parks. Prohibits passing tax on to consumers through higher fuel prices.
Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state revenues from a new oil and gas severance tax of $1.5 billion to $2 billion per year initially (which could either grow or decline over time), to be spent on public schools, colleges, and universities; clean energy research and development; local infrastructure projects; and state parks. (13-0002.)

Posted on Thursday, April 25th, 2013
Under: ballot measures, California State Senate, education, taxes | 8 Comments »

April 30 hearing on bills to speed death penalty

Hot from having successfully opposed last year’s ballot measure to abolish California’s death penalty, prosecutors now are pushing legislation to put condemned inmates to death faster.

The two bills by state Sen. Joel Anderson, R-El Cajon, and sponsored by the California District Attorneys Association, will be heard next Tuesday, April 30 by the state Senate Public Safety Committee.

San Quentin's death chamber“Removing unnecessary impediments to carrying out the punishment meted out by judges and juries will ensure timely justice,” Anderson said in a news release. “It is clear that the death penalty needs reforming when condemned inmates are often living longer on death row than their victims did their entire lives.”

SB 779 makes various reforms including speeding up the appointment of appellate counsel and certification of the record, which under current law can take years. SCA 13 would let California’s appellate courts hear death penalty appeals; for now, only the state Supreme Court hears them, creating a legal bottleneck.

CDAA last year opposed Proposition 34, which would have repealed the death penalty; the initiative was rejected by 52 percent of voters in November. The initiative’s supporters had argued in part that capital punishment is too costly for the state to afford, given the many years of legal wrangling and special incarceration that it requires.

“Prosecutors seek justice and stand for victims,” CDAA president Carl Adams said in the news release. “Regardless of the fate of these two bills, CDAA will continue to carry this banner and hold the state to its promise to appropriately punish the worst offenders.”

California now has 733 condemned inmates. It has executed 14 since reinstating the death penalty in 1978, with the last of those in January 2006. A federal judge later that year found the state’s lethal-injection procedure was unconstitutional because it might cause the inmate pain; new regulations were enacted in 2010 but have never been used.

Posted on Tuesday, April 23rd, 2013
Under: California State Senate, Public safety, State Prisons | No Comments »

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 »

Reactions to Boston Marathon bomb explosions

The Bay Area is reacting to horrific news of a bombing near the Boston Marathon’s finish line today that killed at least two people and injured at least 100.

Oakland Police said that although they have no reason to believe there’s any threat here, they’re keeping officers apprised of the situation in Boston and will have a more visible presence at tonight’s Oakland A’s and Golden State Warriors games in collaboration with BART Police, the Alameda County Sheriff’s Office and other agencies.

Elected officials are weighing in, too.

From President Barack Obama’s live press briefing at the White House:

“We still do not know who did this or why. And people shouldn’t jump to conclusions before we have all the facts. But make no mistake – we will get to the bottom of this. And we will find out who did this; we’ll find out why they did this. Any responsible individuals, any responsible groups will feel the full weight of justice.

“Today is a holiday in Massachusetts – Patriots’ Day. It’s a day that celebrates the free and fiercely independent spirit that this great American city of Boston has reflected from the earliest days of our nation. And it’s a day that draws the world to Boston’s streets in a spirit of friendly competition. Boston is a tough and resilient town. So are its people. I’m supremely confident that Bostonians will pull together, take care of each other, and move forward as one proud city. And as they do, the American people will be with them every single step of the way.”

From U.S. Sen. Barbara Boxer, D-Calif.:

“My heart goes out to the families who lost loved ones in these horrific explosions in Boston, and I am praying for the recovery of all those who were injured.”

From House Speaker John Boehner, R-Ohio:

“Words cannot begin to express our sorrow for the families who are grieving so suddenly right now. The House of Representatives offers its prayers to the victims and the city of Boston. We also give thanks for the professionals and Good Samaritans who prevented further loss of life. This is a terrible day for all Americans, but we will carry on in the American spirit, and come together with grace and strength.”

From House Minority Leader Nancy Pelosi, D-San Francisco:

“Our thoughts and prayers are with the people of Boston today and with the families of all of the victims of this brutal attack. We pray for the health and recovery of those injured, for the witnesses to the explosions, and for the first responders who arrived on the scene to tend to the wounded and secure the area.

“Words are inadequate to console the loved ones of those lost at the Boston Marathon. But we will do what we can to care for them. We will ensure that justice will be done.

“Members of Congress stand ready to assist our partners in Boston and Massachusetts as they respond to this unspeakable tragedy. The entire nation will stand as a source of support and comfort to this community in the days to come.”

From Lt. Gov. Gavin Newsom (who is California’s acting governor during Gov. Jerry Brown’s ongoing trip to China):

Jennifer and I are deeply saddened by the tragic events in Boston today and our hearts go out to the victims’ families and their communities. There’s no indication of any threats to California or our local communities at this time. However, these events are a reminder to remain vigilant and always report anything unusual to your local law enforcement agency.

More, after the jump…
Read the rest of this entry »

Posted on Monday, April 15th, 2013
Under: Barbara Boxer, Gavin Newsom, Jackie Speier, John Boehner, John Perez, Nancy Pelosi, Obama presidency, Terrorism, U.S. House, U.S. Senate | 4 Comments »

Betty Yee rolls out campaign team for controller

Rep. Mike Honda and challenger Ro Khanna aren’t the only ones getting an early start on their campaign rollouts: Board of Equalization member Betty Yee this week announced her campaign team for her 2014 bid for state controller – but she, too, might have some heavy-hitting fellow Democrats to contend with.

Betty YeeYee said Parke Skelton of SG&A Campaigns in Pasadena will be her lead consultant. That firm helped Insurance Commissioner Dave Jones, Secretary of State Debra Bowen and current Controller John Chiang win their races.

And Nick Veach, a Long Beach native who recently worked on U.S. Sen. Tammy Baldwin’s campaign, will serve as the campaign’s finance and fundraising director. “Nick brings tremendous energy to my campaign after helping to elect the nation’s first openly gay member to the United States Senate in an upset victory,” Yee said in a news release.

Yee was elected to the Board of Equalization in 2006 and re-elected in 2010. Earlier, she served as the state Finance Department’s chief deputy director for budget, where she led the development of the Governor’s Budget, negotiations with the Legislature and key budget stakeholders, and fiscal analysis of legislation on behalf of the administration. Earlier yet, she senior staff positions on several fiscal and policy committees in both houses of the Legislature.

She won’t be the only Democrat seeking the controller’s office next year. Other Democrats who’ve filed statements of intention to run include state Sen. Ron Calderon, former state Sen. Dean Florez and former Assemblyman Dario Frommer, as well as state Treasurer Bill Lockyer – a presumptive favorite, given his long record and fundraising prowess. I have it on good authority that at least one or two of the former lawmakers won’t get into the race if Lockyer does, but Yee obviously is going for the gusto one way or the other.

Posted on Wednesday, April 3rd, 2013
Under: 2014 primary, Bill Lockyer | 1 Comment »