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‘Nanny state?’ Brown vetoes diaper changing bills

So much for the “nanny state” – Gov. Jerry Brown vetoed a pair of bills Friday that would’ve required more diaper changing stations across California.

SB 1350 by state Sen. Ricardo Lara, D-Bell Gardens, would have required the California Building Standards Commission to adopt building standards governing the installation of baby diaper changing stations in places of public accommodation for equal use by men and women. The Senate had passed it 32-0, the Assembly 67-8.

diaper changing stationAnd SB 1358 by state Sen. Lois Wolk, D-Davis, would have required buildings owned or partially owned by state or local governments, as well as certain other private buildings open to the public, to maintain at least one safe, sanitary, and convenient baby diaper changing station accessible to women and men. The Senate had passed it 29-1, the Assembly passed it 66-11, and the Senate concurred in Assembly amendments 31-2.

Brown nixed them both Friday, issuing a joint veto message.

“At a time when so many have raised concerns about the number of regulations in California, I believe it would be more prudent to leave the matter of diaper changing stations to the private sector,” he wrote. “Already many businesses have taken steps to accommodate their customers in this regard.”

“This may be a good business practice, but not one that I am inclined to legislate,” he concluded.

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Beall tries again on bills for sex abuse victims

A South Bay lawmaker is taking another stab at legislation to allow more time for child-molestation prosecutions and civil lawsuits, after the governor vetoed his last effort.

Jim Beall“California must not allow sex abusers to turn the law on its head so they can continue to molest children,” state Sen. Jim Beall said in a news release Wednesday. “Changing both the criminal and civil statutes of limitations will give victims more time to report crimes and allow the justice system to get child molesters off the streets.”

Beall, D-San Jose, said medical research has found trauma inflicted on childhood sex abuse victims can result in memory loss and severely affect their ability to report the crime to authorities. “But the law fails to recognize pedophiles are using that psychological harm to help them hide from justice,” he said. “We can’t allow this injustice to continue.”

Beall’s new SB 926 would reform the criminal statute of limitations by raising the age at which an adult survivor of childhood sex abuse can seek prosecution from 28 to 40 years. The bill would affect sex crimes against children including lewd and lascivious acts, continuous sexual abuse of a child, and other offenses.

And SB 924 would reform the two standards that now govern the statute of limitations for civil lawsuits. It would increase the age deadline – the age by which the victim must make a causal connection to his or her trauma – from 26 years old to 40. And it would increase the time in which to sue after discovering the link between a psychological injury and childhood sexual abuse from three years to five, starting from when a physician or psychologist first informs the victim of the link.

Both laws are co-authored by state Sen. Ricardo Lara, D-Long Beach.

Beall last year carried SB 131, which would have applied retroactively to a small number of adult survivors of abuse, letting them sue the organizations that harbored their abusers. The bill was passed by the Assembly on a 44-15 vote and by the state Senate on a 21-8 vote, but Gov. Jerry Brown vetoed it.

In an unusually lengthy veto message, Brown wrote “there comes a time when an individual or organization should be secure in the reasonable expectation that past acts are indeed in the past and not subject to further lawsuits,” given that evidence can be lost, memories can fade and witnesses can become unavailable over time. “This extraordinary extension of the statute of limitations, which legislators chose not to apply to public institutions, is simply too open-ended and unfair.”

Beall noted his new bills apply to both to public and private entities and will be applied starting Jan. 1, not retroactively, if they become law.

He had bitterly criticized Brown for vetoing last year’s bill, calling the governor’s “policy paper” on the importance of statutes of limitations a step backward for the state and a smack in the face for victims. “Saturday was a sad day for sexual abuse victims who clearly got the message that the governor is not on their side,” Beall said at the time.

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Not much hubbub over veto of Oakland gun bill

Those who wanted Oakland to be able to pass its own, stricter gun laws seemed unwilling to criticize Gov. Jerry Brown for his veto Monday.

AB 180 would’ve let Oakland establish its own ordinances – stricter than state law – on registration or licensing of firearms.

“The State of California has among the strictest gun laws in the country. Allowing individual cities to enact their own more restrictive firearms regulations will sow confusion and uncertainty,” Brown, who was Oakland’s mayor from 1999 to 2007, wrote in his veto message issued Friday. “I am mindful of the challenges the City of Oakland faces in addressing gun violence, but this is not the right solution.”

Rob BontaThe bill’s author – Assemblyman Rob Bonta, D-Oakland – seemed to take it in stride.

“I will continue to fight for the people of Oakland to be free from the gun violence which plagues our community,” said Bonta, who as chair of the Select Committee on Gun Violence in the East Bay has held field hearings on the issue. “In his veto message, Governor Brown stated that he was ‘mindful of the challenges the City of Oakland faces in addressing gun violence. I look forward to continuing the conversation with the governor as to how the state can continue to assist Oakland in the future.”

Oakland City Council in May unanimously approved a resolution – introduced by council members Libby Schaaf and Rebecca Kaplan, as well as the city attorney’s office – supporting AB 180.

“Though we’re certainly disappointed that AB 180 was vetoed, it’s important that we recognize and celebrate the victories of our advocacy,” Kaplan spokesman Jason Overman said Monday. “Governor Brown signed an important bill authored by Assemblymember Skinner to create new common-sense gun laws that seek to reduce gun violence, both in Oakland and across California.”

The Skinner bill Overman referred to is AB 48, which makes it a crime to make, import, sell, give, lend, buy or receive any conversion kit that can convert a legal ammunition-feeding device into an illegal large-capacity magazine. The bill also makes it a crime to buy or receive a large-capacity magazine; manufacturing or selling such magazines already has been illegal in California for more than a decade.

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Brown signs, vetoes political reform bills

Gov. Jerry Brown vetoed one political-reform bill but signed several others Tuesday.

SB 3 by state Sen. Leland Yee, D-San Francisco, would have required the Fair Political Practices Commission to create an additional online training course for campaign treasurers. “This is a costly and unnecessary addition to the extensive training and outreach that the Commission already provides,” Brown wrote in his veto message.

The bill also would’ve required the Secretary of State to write a report on what it would take to have comprehensive online campaign disclosure, and Brown acknowledged “the current system – widely viewed as outdated and cumbersome – needs upgrading.” He directed the Government Operations Agency to consult with the FPPC and the Secretary of State “and come back to me with recommendations on the best way to improve campaign disclosure.”

“While I’m disappointed SB 3 hasn’t become law, I’m glad to share common ground with the governor on the need to improve Cal-Access,” Yee said in a news release this afternoon. “I look forward to working with the FPPC and the Secretary of State in finding the best means of making the system more effective. The end goal is for California to have an easily accessible and searchable system that ensures accountability in our elections.”

Philip Ung, policy advocate for the good-government group California Common Cause, said in Yee’s release that although his group disagrees with Brown on the need for treasurer training, Brown’s movement to update the Cal-Access campaign finance filing system “is a step forward to improving transparency in our elections. This action would not have been taken without the pressure from the Legislature, voters, and organizations like Common Cause and the League of Women Voters of California.”

Brown did sign AB 409 by Assemblywoman Sharon Quirk-Silva, D-Fullerton, which lets the the Fair Political Practices Commission develop and operate an online system for local and state officials and candidates to file their statements of economic interests.

A legislative analysis of AB 409 said allowing electronic filing could save the state a lot of money on the staff time and public access that paper statements require, and might reduce errors on the statements too. The Legislature passed this bill with unanimous votes.

The governor also signed two bills by Assemblyman Paul Fong. AB 552 lets the Fair Political Practices Commission collect unpaid fines and penalties without needing to file a civil lawsuit in superior court. And AB 1090 lets the FPPC bring civil and administrative enforcement actions for violations of a longstanding state law prohibiting conflicts of interests in contracting decisions; it also lets the FPPC issue advice regarding a public official’s obligations under that same law.

Fong, D-Cupertino, issued a statement saying the new laws strengthen the FPPC’s authority and provide resources so those who violate the public trust can be held accountable.

And Brown signed AB 1418 by the Committee on Elections and Redistricting. That bill repeals a requirement that campaign statements must be open for public inspection and copying from 9 a.m. to 5 p.m. on the Saturday before a statewide election in the offices of the Secretary of State and the registrars of San Francisco, Los Angeles and San Diego counties; online availability of such reports has made those office hours obsolete, the committee said.

AB 1418 also makes some technical changes to the state’s Political Reform Act of 1974, in part to conform with California’s new top-two primary system.

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Brown signs Corbett’s ‘Made in California’ bill

You win some, you lose some.

So state Sen. Ellen Corbett discovered today as Gov. Jerry Brown signed one of her bills – creating a “Made in California” program to let manufacturers capitalize on the Golden State’s reputation – but vetoed another, which would’ve required that certain parts of prescription drug labels be printed in a larger, easier-to-read font.

Ellen CorbettCorbett’s SB 12 aims to let California manufacturers better market their products in increasingly competitive national and international economic environments. The statewide marketing strategy created by the bill will operate within the Governor’s Office of Business and Economic Development (GO-Biz) so that consumers are better able to recognize the high quality products developed in California.

It’ll be similar to the “Buy California” / “California Grown” program already promoting in-state agricultural products both within and outside of California. Products that meet program criteria will be eligible to use the state-sanctioned “Made in California” label.

Corbett, D-San Leandro, issued a statement thanking Brown for signing the bill “and recognizing the importance of helping California’s small businesses maintain a competitive edge against businesses that decide to manufacture out of state or even out of this country.”

But Brown vetoed SB 205, which would’ve required parts of the information on prescription labels – including the patient’s name – to be printed in at least 12-point sans serif typeface. Corbett had contended seniors have a hard time reading smaller print and so could be endangered, especially those who take multiple medications.

“The Board of Pharmacy is required to provide an update of its 2010 labeling guidelines to the Legislature next month,” Brown noted in his veto message. “I prefer to wait for their findings before mandating such a change.”

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Brown vetoes fines for failing to report gun thefts

Besides extending the state’s “open carry” ban to long guns, Gov. Jerry Brown signed or vetoed several other firearms bills today as well.

Brown vetoed SB 1366 by state Sen. Mark DeSaulnier, D-Concord, which would’ve made it an infraction – or, on the third offense, a misdemeanor – to fail to report to police the theft of a firearm within 48 hours of the time the owner knew or reasonably should have known the weapon was lost or stolen.

“The proponents urge that the bill will improve identification of gun traffickers and help law enforcement disarm people prohibited from possessing firearms. I am not convinced,” the governor wrote in his veto message. “For the most part, responsible people report the loss or theft of a firearm and irresponsible people do not. I am skeptical that this bill would change those behaviors.”

Brown also vetoed AB 2460 by Assemblyman Roger Dickinson, D-Sacramento, which would’ve restricted law enforcement and military personnel from selling lawfully purchases handguns that haven’t been certified by the Attorney General’s Office.

“This bill takes from law enforcement officers the right to an activity that remains legally available to every private citizen,” he wrote in the veto message. “I don’t believe this is justified.”

Brown signed AB 1559 by Assemblyman Anthony Portantino, D-Pasadena, which will let California filmmakers use certain weapons in their productions and reduce fees for multiple gun purchases by eliminating double or even triple fees for gun purchases made at the same date and time.

He also signed SB 1367 by state Sen. Jean Fuller, R-Bakersfield, which revises archery provisions so an active or retired peace officer can carry a concealed firearm while engaged in taking deer with bow and arrow, but prohibits taking or attempting to take deer with that firearm.