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Press Releases - 09/27/1974-09/30/1974
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118564394
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Press Releases - 09/27/1974-09/30/1974
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Ronald Reagan's Governor's Papers of the Press Unit
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Ronald Reagan Presidential Library Digital Library Collections This is a PDF of a folder from our textual collections. Collection: Reagan, Ronald: Gubernatorial Papers, 1966-74: Press Unit Folder Title: Press Releases - 09/27/1974-09/30/1974 Box: P16 To see more digitized collections visit: https://reaganlibrary.gov/archives/digital-library To see all Ronald Reagan Presidential Library inventories visit: https://reaganlibrary.gov/document-collection Contact a reference archivist at: [email protected] Citation Guidelines: https://reaganlibrary.gov/citing National Archives Catalogue: https://catalog.archives.gov/ OFFICE OF GOVERNOR RONALD REAGAN RELEASE: Immediate Sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #548 Governor Ronald Reagan today signed into law three pieces of legislation involving the medical profession, two bills (AB 4481- Vasconcellos and AB 2296-Sieroty) giving institutionalized patients the right to refuse shock treatment and a third (AB 3560-Arnett) lawfully defining death. "These laws involving shock therapy afford patients the protection of having control over the situation, either through their own consent or the approval of someone legally designated to represent them, If the governor said, "and giving death the legal definition of total and irreversible cessation of brain function, confirmed by a second physician, will reverse a dramatic decline in the availability of human organs for transplantation. I consider these important rights to the individual." AB 4481 gives patients under the Lanterman-Petris-Short Act the right to refuse psychosurgery, provides that such rights may not be denied for good cause and requires written informed consent. Shock treatment shall be performed only after a committee of three doctors has reviewed and unanimously agreed with the treating physician's determination. AB 2296 prohibits the administration of organic therapy to a non-consenting inmate of a state institution or a person who lacks the capacity to give informed consent. To engage in organic therapy, the state Department of Corrections must obtain a court order. AB 3560 prohibits both doctors, one who pronounces the death and another who confirms the death independently, from participating in the removal of a body part or the transplant procedure. "Putting on the books of this state for the first time a law that describes and defines death, and at the same time clears the way for transplant donations to save many other lives, is an admirable cause I wholeheartedly support, II Governor Reagan added. ###### McKelvey OFFICE OF GOVERNOR RONALD REAGAN MEMO TO THE PRESS Sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #549 GOVERNOR'S SCHEDULE September 27, 1974 through October 1, 1974 Friday, September 27 p.m. -Depart Los Angeles for Albuquerque, New Mexico 4:15 p.m. News availability with Congressman Manuel Lujan, Albuquerque Airport 8:10 p.m. Dinner for Congressman Lugan, Downtown Convention Center, Albuquerque. Speech. Saturday, September 28 a.m. Depart for Council Bluffs, Iowa 10:15 a.m. News availability with Congressman William Scherle, Lewis Central High School 10:30 a.m. Rally for Congressman Scherle. Speech. p.m. Depart for Norfolk, Nebraska 12:45 p.m. Rally for Congressman Charles Thone, Norfolk Airport. Speech. News availability follows rally at Norfolk Airport p.m. Depart for Denver, Colorado 2:15 p.m. News conference, Writers Manor Hotel 7:30 p.m. Rally for Congressional candidate Frank Southworth, Mile-High Stadium. Remarks. Sunday, September 29 a.m. Depart for Amarillo, Texas 1:00 p.m. LIVE three-TV pool and all-media news conference, KVII Studio p.m. Depart for Pampa, Texas 3:40 p.m. Barbecue for Congressman Bob Price, Price Ranch. Speech. Monday, September 30 a.m. Depart for Little Rock, Arkansas 10:45 a.m. News availability, Camelot Inn Noon Lunch for Congressional candidate Judy Petty, Golden Knight Room. Speech. p.m. Depart for Mobile, Alabama 5:00 p.m. News conference, Ramada Inn 8:00 p.m. Dinner for Congressman Jack Edwards, Skyline Country Club. Speech. -1- #549 Tuesday, October 1 a.m. Depart for Baton Rouge, Louisiana Noon Lunch for Congressional candidate Henson Moore, Prince Muriat Inn. Speech. 2:00 p.m. News conference, Prince Muriat Inn p.m. Depart for Los Angeles # # # -2- McKelvey OFFICE OF GOVERNOR RONALD REAGAN RELEASE: Immediate Sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #550 Private school tuition aid for certain educationally handicapped pupils with visual disorders and experimental education programs for physically handicapped pupilstare provided I for in separate legislation signed today by Governor Ronald Reagan. Under SB 1586 by Senator Milton Marks (R-San Francisco), certain exceptional children with visual perception difficulties which make it difficult for them to learn become eligible for state support in private schools when there are no appropriate public special educational facilities available. "Existing law provides for tuition payments to parents of physically handicapped children for whom no adequate special education facilities are available, said the governor, "and this bill amends the state Education Code to allow representation for the parent or guardian before an admission committee, which decides if the child cannot get an adequate education because of a visual disorder in our public schools. Also, because of the visual problems encountered, the bill allows optometrists rather than physicians to determine if private school attendance is necessary to meet the child's educational needs. = The other bill, SB 1908 by Senator Donald L. Grunsky (R-Watsonville), authorizes five county school superintendents to immediately conduct special experimental programs for youngsters with specified physical handicaps between the ages of 1½ and 3 years and to experiment with individualized instruction for physically handicapped pupils who, because of another specified primary handicap, already are enrolled in special education classes or receiving special services. Both experiments will be in effect for two years, at a total cost of $380,000. "Currently, county superintendents may conduct programs for these handicapped infants and toddlers, but must engage in a contract with the district of residence for costs of instruction,' the governor said. "The bill I have signed eliminates the district as a middleman. The resultant transfer of foundation support and any necessary small school allowances becomes unnecessary and the county providing the programs gets the funds directly. I find this a much better way of conducting business." ##### McKelvey OFFICE OF GOVERNOR RONALD REAGAN RELEASE: Immediate Sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #551 Governor Ronald Reagan today signed legislation (AB 4525-Fong) authorizing payment by a school district to the surviving spouse of any employee murdered while on the job during or after the 1973-74 school year. The bill provides payment be restricted to the amount remaining in the deceased employee's contract. Under provisions of the bill, the widow of Dr. Marcus Foster, superintendent of the Oakland Unified School District who was slain last year after leaving a school board meeting, will receive payment. ###### Walthall OFFICE OF GOVERNOR RONALD REAGAN RELEASE: Immediate Sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #552 Governor Ronald Reagan has signed identical Assembly and Senate bills making various changes in laws relating to county clerks and the Secretary of State's duties in retaining, inspecting and destroying petitions for initiatives, referendums and recalls. The bills are SB 1507 (Marks) and AB 2690 (Fenton). Said Governor Reagan, "My signature signifies my agreement with the majorities of both houses that the practice of county clerks marking the voter registration affidavits to indicate which petitions a voter has signed should be eliminated. Since the affidavit is a public record, anyone can determine which petitions a voter has signed and compile a profile of a voter's political views. This is an invasion of privacy that should not be condoned." The bills provide that petition lists and related information may be used only for the purpose of qualifying a petition and determining if a person has signed the same petition more than once. The governor noted that some counties have changed their system already in this regard, with minimal additional cost. He signed both bills, however, with the understanding that if additional county expenses emerge, funds will be provided in next year's budget to cover those costs. ##### McKelvey OFFICE OF GOVERNOF ONALD REAGAN RELEA .. FRIDAY P.Ms. Sacramento, California 95814 SEPTEMBER 27, 1974 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #553 Governor Ronald Reagan today signed legislation (AB 3342-Sieroty) which will declare void a provision found in some credit card company contracts which prohibits merchants accepting that credit card from offering discounts to cash-paying customers. "This bill does not require merchants to give a discount to cash-paying customers," the governor noted. "However, discounts of up to six percent could result since merchants who accept a credit card must pay the credit card issuer a service charge ranging from three to six percent of the sales price. The savings on the service charge could be passed on as a discount to a cash customer. "I feel that this measure promotes free enterprise and competition and enables merchants to operate their businesses without an unnecessary restriction." The new law becomes effective January 1, 1975. ##### Walthall OFFICE OF GOVERNOR RONALD REAGAN RELEASE: SATURDAY, SEPTEMBER 28 Sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #554 Governor Ronald Reagan has signed into law AB 3862 (Knox) which creates a pilot program of 3.750 new tuition grants for California college students who are residents of the state and come from middle income families. 7 The three-year program, to be administered by the State Scholarship and Loan Commission, will make available 1,250 new grants for the 1975, 1976 and 1977 fiscal years. "Freedom of choice is too often denied to qualified students when they select a college or university, simply because their parents cannot afford to send them to most independent colleges and they cannot qualify for scholarship funds for lower income families, the governor said. "This bill will benefit these students 'caught in the middle' while also permitting the independent colleges to achieve a greater balance in their student bodies. It will be exceptionally welcome to those families having more than one college-age student.' Grants under the new law are limited to $900 or one-third of tuition, whichever is less. "I see this as one favorable means of narrowing the gap in student charges between public and private schools and, at the same time, increasing the academic freedom of choice for middle income students," Governor Reagan said. ###### McKelvey OFFICE OF GOVERNOR RONALD REAGAN RELEASE: SATURDAY, SEPT. 28 Sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #555 Governor Ronald Reagan has signed two bills authored by Assemblyman Bill Bond (R-Long Beach) which express the intent of equal opportunity for both males and females as participants in sports programs of the state's public high schools and colleges. The governor and the assemblyman both were collegiate athletes themselves, Reagan in football at little Eureka (Illinois) College in the early 1930s and Bond in basketball at Stanford University in the late 1950s and early 1960s. Bond's AB 3650 directs the Department of Education to study the cost of augmenting inter-high school athletic programs and report back to the legislature within six months of the bill's effective date, which is next January 1. AB 3651 directs the California Postsecondary Education Commission to study the cost of augmenting intercollegiate athletic programs and report its findings to the legislature within six months. The bill appropriates $2,545 from the state's General Fund to the commission for the study. "These bills will go a long way toward telling us what will be needed to fully integrate qualified female athletes into school sports. They should be given the chance to prove themselves and this legislation will be helpful," the governor said. ##### McKelvey OFFICE OF GOVERNOR RONALD REAGAN RELEASE: Immediate Sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #556 Governor Ronald Reagan today appointed an El Centro attorney as associate justice for Division Two of the Fourth Appellate Court District. He is Franklin D. McDaniel, 54, a partner in the law firm of Byrd, Sturdevant, McDaniel and Pinney. He replaces retired Associate Justice John Gabbert. McDaniel has been associated in law practice with Charles A. Pinney, Jr., since 1959. Before that he was a deputy district attorney in Imperial County for more than seven years and for five of those years was the county's chief civil deputy before the office of county counsel was established. He was admitted to the California Bar in 1949 after receiving his law degree from Stanford University. McDaniel earned his bachelor's degree at Purdue University. The Akron, Ohio, native received a commission as a second lieutenant in the U.S. Marine Corps Reserves in 1943 and retired from the reserves as a major in 1957. He served 14 months overseas in the Pacific Theater of Operations and was awarded the Distinguished Flying Cross and other decorations. McDaniel was president of the Imperial County Bar Association in 1954, served two three-year terms on the local administrative committee and was on the State Bar Disciplinary Board for three years. He has been a delegate to every Conference of Bar Delegates since 1949 and was appointed to the conference's executive committee in 1968. The appointee, a Republican, will receive an annual salary of $48,389. ###### McKelvey OFFICE OF GOVERNOR RONALD REAGAN RELEASE: Immediate Sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #557 Governor Ronald Reagan today announced he has pardoned John A. Brown, convicted of murder in 1963, because he believes the man is innocent of the crime. The governor's action followed a recommendation by the Riverside County District Attorney's office that Brown be pardoned on the basis of innocence. Brown, 33, was convicted February 8, 1963 in Riverside County for the murder of 14-year old Peter Libay. Brown had confessed to the crime. When he learned he would not receive the death penalty, he pled not guilty but was subsequently convicted of first degree murder. One of the attorneys who assisted in prosecuting Brown was instrumental in reopening the case in 1969. An investigation was commenced by Riverside County authorities with the assistance of the California Adult Authority. A preliminary finding that Brown was guilty of the offense was made in 1971, but Riverside County authorities persisted in investigating the case. The investigation culminated in 1973, when tape recordings were found in the files of the Riverside County Clerk's office. The recordings proved Brown's original confession was falsified because he wanted to die in the gas chamber and be reincarnated. He was originally implicated in the crime when authorities were informed by a fellow prisoner that Brown was responsible for the then two-year old, unsolved murder. The prison informant supplied Brown with the details of the crime, and the informant was also charged with the murder. Because the informant, Wayne L. Sass, was declared insane at the time of the trial, he was not prosecuted and since that time has been committed to Atascadero State Hospital. Upon receipt of the District Attorney's investigation and request for clemency, Governor Reagan ordered an immediate review of the case by his legal affairs secretary, Herbert E. Ellingwood. After review and recommendation by Ellingwood, the governor issued the pardon. The governor commended Riverside County authorities for their persistence in conducting the investigation over a period of years. The gubernatorial pardon may not result in Brown's release. He is also serving a one-year to life sentence for lewd and lascivious conduct committed prior to his conviction for murder. The last gubernatorial pardon based on innocence was granted by former Governor Edmund G. Brown in 1965. # # # Walthall OFFICE OF GOVERNOR RONALD REAGAN RELEASE: Immediate Sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #558 Governor Ronald Reagan today announced the appointment of Leonard E. Anderson of Murphys as a member of the Calaveras County Board of Supervisors. The appointment is effective November 1, 1974. Anderson will succeed Supervisor Henry Middleton whose resignation becomes effective on that date. He announced his resignation September 16. Anderson, a 61-year old Republican, is a general contractor specializing in small construction and custom homes. He is a director of the Ebbetts Pass Water District and is a former director of the Ebbetts Pass Wonderland Association. Anderson attended Modesto Junior College. He will receive an annual salary of $7,668. # # # Walthall OFFICE OF GOVERNOR RONALD REAGAN MEMO TO THE PRESS sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #559 Governor Ronald Reagan announced today he has signed the following bills: AB 85 - Bee Amends the Teachers' Retirement Law to increase Chapter 1433 survivor's benefits of persons who were eligible for such benefits prior to June 30, 1972. The bill becomes effective on January 1, 1975. AB 490 (Quimby) Requires that the Superintendent of Public Instruction Chapter 1509 administer a high-quality instructional television service by working with local educational authorities to (1) improve local coordination and provide for statewide acquisitions of programs on behalf of regional organizations, (2) develop statewide evaluation procedures, (3) improve production quality after regional organizations and local school districts have determined subject areas, and (4) develop and implement teacher training programs and maximize the effective home and school use of ITV. The bill also provides for the appointment of a State Instructional Television Advisory Committee and requires the State Board of Education to report annually to the Legis- lature on instructional television activity. AB 687 (Quimby) Deletes provisions requiring parcel maps to be made Chapter 1537 by a person engaged in business of developing and selling real estate. Provides that if a building permit is requested for construction of a residential structure or structures within four, rather than two, years of a land division not otherwise amounting to a subdivision and not used for residential purposes, such permit may be conditioned on the dedication of land or payment of fees in lisu thereof for park or recreational purposes. Requires that local ordinances include definite standards for determining the proportion of a division of land not defined as a subdivision to be dedicated and amount of fee paid. AB 738 (Ralph) Increases the amount of wages that can be earned by Chapter 1510 an individual eligible for unemployment compensation benefit without affecting reduction of his weekly benefit amount from $12 to$18 per week. AB 760 (Brown) Requires, rather than permits, the Administrative Chapter 1435 Director of the Division of Industrial Accidents to establish a rehabilitation unit within the medical bureau of the division. Further requires, in addition to temporary disability indemnity, the employer or insurance carrier to provide additional living expenses necessitated by the rehabilitation and all reasonable and necessary vocational training for the injured workman when he chooses to enroll in a rehabilitation program, rather than a specified sum as an advance on permanent disability indemnity. Deletes provisions relative to initiation of rehabili- tation plan by employer or carrier. AB 814 - Dixon Creates a one-year pilot program to provide regular Chapter 1436 community college opportunities to prison inmates and Youth Authority wards. The bill becomes effectiv on January 1. 1975. -1- #559 AB 898 - Alatorre Authorizes receipt of up to four years of service credit Chapter 1437 by a local member of the Public Employees' Retirement System other than a school member for any continuous active military or merchant marine service as public service upon payment of employer and employee contri- butions and interest. The contracting agency must elect to grant such credit. The changes made by this bill become effective January 1, 1975. AB 905 - Sieroty Authorizes taxpayers to carryover for five years the Chapter 1438 contributions to charitable or ganizations in excess of the allowable annual limit of 20% of adjusted gross income. The bill becomes effective on January 1, 1975. AB 927 -- Woods Creates in the Public Employees' Retirement System a Chapter 1439 "state industrial member" category and prescribes industrial death and disability benefits for such members in addition to benefits payable to state miscellaneous members. Provides that such death and disability benefits shall also apply to any state employee whose death or disability results from a viSlent act by an inmate or parolee of a state institution. Eliminates the "prison member" category. The changes made by this bill become effective January 1, 1975. AB 1318 -- Ingalls Provides that a person who was a University member of Chapter 1440 PERS who has been separated from University employment due to lay-off and who is reemployed by the University shall have the right to elect PERS membership in lieu of membership in the University System in accordance with rules of the Regents. The changes made by this bill become effective January 1, 1975. AB 1529 (Murphy) Changes various provisions relating to person's Chapter 1511 "sanity" in criminal proceedings to relate instead to person's "mental competence" and makes provisions for commitment and trial of person found to be mentally incompetent. AB 1587 - Gonsalves Extends the business inventory exemption to business Chapter 1441 inventories assessed as escaped property beginning in 1975-76. AB 1828- Badham Expands definitions of "funeral director" and "funeral Chapter 1512 establishment" for purposes of provisions relating to licensing thereof. The changes made by this bill become effective January 1, 1975. AB 2296 - Sieroty Prohibits persons confined, under certain penal pro- Chapter 1513 visions, in state institutions and prisons or public or private hospitals, sanitariums or similar faciliti from being administered or subject to any organic therapy, as defined, without such person's informed consent. Prohibits such persons from being admini- stered or subject to psychosurgery, as specified, if they lack the capacity for informed consent. Authorizes the court to enjoin the administration of any organic therapy. Requires warden or superintende to obtain the appropriate order to administer organic therapy. Requires court to appoint public defender or other attorney to represent and an independent medical expert to examine, an indigent person in such court proceedings. Provides for shock treatments in certain emergency situations and other types of treatment for such persons under specified conditions. The bill becomes effective on January 1, 1975. -2- #559 AB 2453 (Waxman) Requires the Department of Health to secure a tell Chapter 1442 free phone number for the use of pharmacists and other Medi-Cal providers in requesting prior authorization for services under the supplemental schedule of benefits. AB 2471 (Sieroty) Specifies that an action for an injunction to enforce Chapter 1443 specified provisions of law relating to construction and operation of public or private facilities not conforming to building requirements with respect to physically disabled persons; may be brought. Specifies that prevailing party is entitled to reasonable attor- ney's fees. AB 2477 (Waxman) Defines "special hospitals," as well as general acute Chapter 1444 care hospitals, acute psychiatric hospitals, skilled nursing facilities, and intermediate care facilities, as classes of health facilities subject to provisions regarding licensure of health facilities. AB 2499 - Nimmo Appropriates $1,000,000 from the State Beach, Park, Chapter 1514 Recreational, and Historical Facilities Fund of 1974 to the Department of Parks and Recreation for the acquisition of certain lands in the County of San Luis Obispo adjacent to state-owned wet lands in the Morro Bay estuary for the state park system as an addition to Morro Bay State Park. The bill becomes effective immediately. AB 2690 (Fenton) Makes various changes in statutes relating to county Chapter 1445 clerks and the Secretary of State's duties in retaining, inspecting, and destruction of initiatives referendums, and recall petitions. AB 2797 -- Alatorre Requires consumer contracts to be made available Chapter 1446 in both Spanish and English where such contracts are made by persons engaged in a trade or business conducted primarily in Spanish. Violation of this act makes the contract voidable at the option of the consumer. It provides for the Department of Consumer Affairs to approve Spanish-translated contractual forms and defines the limits within which the department and its employees are liable for errors and omissions in translation. The changes made by this bill become effective January 1, 1975. AB 2920--Priolo Appropriates $2, 500, 000 to the Department of Parks and Chapter 1515 Recreation for the acquisition of Los Liones Canyon and other lands adjacent to Topanga Canyon State Park in the Santa Monica Mountains for the state park system. This bill takes effect immediately. AB 2926 - Deddeh Provides that school members of the Public Employees' Chapter 1398 Retirement System shall receive credit at retirement for unused sick leave. The bill becomes effective immediately. AB 2948 - McAlister Revises the law relating to attachment of property Chapter 1516 prior to a hearing on the merits of the claim to be secured by attachment. It requires notice to the defendant and a hearing prior to issuance of a writ authorizing attachment of his property. The changes made by this bill become effective January 1, 1975. -3. #559 AB 2975 - Fenton Authorizes the Labor Commissioner to revoke, suspend, Chapter 1447 or refuse to renew any license of a farm labor contractor when it is shown that the licensee, or his agent, has failed to comply with any provisions of the Vehicle Code regarding farm labor vehicles. The bill prohibits on and after July 1, 1975, any person, other than a person who possesses a valid schoolbus driver's certificate, from operating a farm labor truck, or a farm labor bus unless he has a driver's license and a certificate issued by the Department of Motor Vehicles The bill also requires that the Department of the California Highway Patrol inspect every farm labor vehicle at least once annually. The bill also appropriates $100,000 from the Motor Vehicle Account in the State Transportation Fund to the Department of the California Highway Patrol to carry out the duties imposed upon it by this act. The bill takes effect immediately. AB 2999 - Dunlap Extends the supplemental schedule of benefits under Chapter 1448 Medi-Cal to include physical therapy and related servcies, subject to utilization controls. The bill becomes effective on January 1, 1975. AB 3018 - Lanterman Revises provisions regarding fees required to be paid Chapter 1449 for the registration of a gasoline-powered vehicle, other than a motorcycle, of 1975 or later model year, having a compression ratio of more than 8.5 to 1, by making such fee applicable only to the original regis tration of such a vehicle first sold and registered 1 California. Provides that such fee is in addition to the fees specified in the Vehicle Code and the Revenue and Taxation Code, rather than providing that the fee is in addition to the registration fee. The bill becomes effective immediately. AB 3021 - Fong Requires by December 31, 1982, every pay telephone Chapter 1450 within certain local emergency telephone systems to enable a caller to reach an operator by dialing "0" without inserting a coin. AB 3046 - Cline Makes it unlawful for any person to falsely represent Chapter 1451 and provide for compensation, with intent to defraud, rather than a misdemeanor to willfully and falsely represent, a device, substance, method or treatment as effective to diagnose, arrest, prevent, or cure cancer. Deletes the provision that third and subsequent violations of provisions re cancer cures are felonies and, instead, prescribes punishments for violations of provisions re cancer cures which, except for cer- tain specified exceptions, would make such violations felonies. The bill becomes effective January 1, 1975 AB 3055 (Wilson) Permits safety members of the County Employees Chapter 1452 Retirement Law of 1937 to retire upon completion of 20, rather than 30, years, regardless of age and prescribes the formula for computing allowances between ages 41 and 50. AB 3094 - Maddy Provides that the Governor shall prepare and maintair Chapter 1453 a Central Registry of Appointive Offices containing specified information relating to appointments to boards and commissions to which members are appointed by the Governor, any member of the executiv e branch, or the Governor, the Speaker of the Assembly, the President pro Tempore of the Senate, and theSenate Rules Committee, open to the general public and available at various specified locations. The bill becomes effective on January 1, 1975. -4- #559 AB 3109 (Sietoty) Changes "workmen's compensation" to "worker's Chapter 1454 compensation" in various codes. AB 3123 - Beverly Authorizes the Department of Parks and Recreation to Chapter 1518 acquire Palos Verdes Peninsula pursuant to the Property Acquisition Law for the state park system and appropri- ates funds for development at Bolsa Chica State Beach ($3,133,000) and at Henry Cowell Redwoods State Park ($518,800) subject to compliance with the 1974 Park Bond Act procedures. B 3147 - Sieroty Includes cultural enrichment within purposes for Chapter 1455 which school districts may, under specified conditions conclude arrangements with proper authorities of any foreign country or of any state, territory or posses- sion of the United States for the hiring for specified limited periods of time as sojourn certificated employees, bilingual teachers employed in public or private schools thereof, who hold the necessary valid California credentials. The bill becomes effective on January 1, 1975. AB 3148 (Sieroty) Extends newsmen's immunity from being adjudged in Chapter 1456 contempt for refusing to disclose their sources of information to persons connected with or employed upon a magazine or other periodical publication. AB 3309 - Keene Authorizes the Superintendent of Public Instruction to Chapter 1519 waive, under certain circumstances, the prescribed maximum enrollment in classes for educationally handicapped, physically handicapped, and mentally retarded pupils in cases where additional classroom space is not available after the beginning of the school year. The changes made by this bill become effective January 1, 1975. JB 3342 - Sieroty Makes any provision in a contract between a credit Chapter 1520 card issuer and a retailer which has the effect of prohibiting the retailer from offering discounts or from charging a different and lower price to persons who pay cash, instead of by credit card, void as contrary to public policy. The changes made by this bill become effective January 1, 1975. AB 3359 - Lewis This bill will establish a procedure by which land Chapter 1538 previously subdivided may be returned to its original state, provided it consisted of less than four parcel and a new parcel map is filed. The bill becomes effective on January 1, 1975. AB 3375 (B. Greene) Appropriates a sum equal to the annual Federal appro- Chapter 1457 priations, in 1974-75, not to exceed $150,000 for the operation of the California Advisory Council on Vocational Education and Technical Training. Would require Legislative Analyst to undertake study of the effectiveness of the Council and report to Legislature on July 1, 1975. AB 3460 - Mobley Provides that the Director of the Department of Chapter 1458 Employment Development and the State Controller shall from time to time transfer the unencumbered balance of the Contingent Fund exceeding $1,000,000 to the Unemployment Fund and the Disability Fund in a pre- scribed proportion. The bill becomes effective on January 1, 1975. AB 3481 - Montoya Specifies that employees appointed by a personnel Chapter 1459 commission shall be accorded all the rights, benefits, and burdens of any other classified employee serving in the regular classified service. The changes made by this bill become effective January 1, 1975. -5- #559 AB 3560 (Arnett) Provides that a person shall be pronounced dead if it Chapter 1524 is determined by a physician that the person has suffered a total and irreversible cessation of brain function. Requires independent confirmation of the death by another physician. Specifies that nothing in the act shall prohibit a physician from using other usual and customary pro- cedures for determining death as the exclusive basis for pronouncing a person dead. Requires independent confirmation of death of the donor, when a part is used for direct transplantation pursuant to the Uniform Anatomical Gift Act, by anoth physician when the death is determined by determining that the donor has uffered a total and irreversible cessation of brain function. Prohibits both the physician making the determination of death and the physician making the independent confirmation from participating in part removal or transplant procedure Requires that complete patient medical records meeting prescribed requirements be kept, maintained, and pre- served with respect to the requirements of the act when a person is pronounced dead by determining that the person has suffered a total and irreversible cessation of brain function. AB 3585 - Carter Makes technical amendments to the Education Code Chapter 1460 provisions relating to financial support for the schools. The bill becomes effective immediately. AB 3594 (Dunlap) Requires the Director of Parks and Recreation to cause Chapter 1461 to be prepared, and continuously maintained, a California Recreational Trails System Plan, consisting of specified elements. Provides that the Legislature may review and comment upon the proposed plan, as specified, and requires the Director to consider any advice offered by the Legislature prior to completion of the plan. AB 3650- Bond Expresses legislative intent that opportunities for Chapter 1525 participation in athletic programs between high schools be provided equally for students of both sexes. Directs the Department of Education to conduct a study of inter- high school athletic programs and report to the Legialature within six months of this bill's effective date. The changes made bv this bill become effective January 1, 1975. AB 3651 (Bond) Expresses legislative intent regarding equal oppor- Chapter 1526 tunities for participation in intercollegiate athletic programs in the public institutions of higher educa- tion for male and female students. The bill directs the California Postsecondary Educa- tion Commission to conduct prescribed study regarding intercollegiate athletic programs to report its findings to the Legislature within six months. The bill also appropriates $2,545 from the General Fund to commission for the study. AB 3668 - Sieroty Provides for bringing of state prisoners to court in Chapter 1462 any action brought to terminate the parental rights of such person. The bill provides a court may order such appearance in any other action brought affecting a state prisoner's parental or marital rights. The bill becomes effective on January 1, 1975. AB 3729 - Briggs Increases the maximum rate of charges which may be Chapter 1463 charged by a personal property broker lending various specified sums of money. Provides that such increase shall be repealed effective January 1, 1977. The 1975. changes made by this bill become effective January 1, -6- #559 AB 3765 - Brown Modifies AB 2068 of 1973, the child health screening Chapter 1464 disability prevention program, and makes a $2,500,000 appropriation to the Department of Health to augment Item 300 (3) of the 1974 Budget Act. The bill becomes effective immediately. AB 3784 (Gonzales) This bill would require cities and counties to give Chapter 1465 mailed notices of hearing regarding proposed zoning changes to all persons owning real property within 300 feet of the property involved in the zone change, including business and governmental entities. AB 3790--Sieroty Appropriates $2,000,000 from the Transportation Planning Chapter 1466 and Research Account for subvention to local agencies for transportation planning and research. The bill takes effect immediately. AB 3862 (Knox) Creates a pilot program of tuition grants to be Chapter 1528 administered by the State Scholarship and Loan Commission for California resident undergraduate students enrolled in prescribed independent institutions of collegiate grade level. The bill makes available up to 1,250 new grants in each of the 1975-76, 1976-77, and 1977-78 fiscal years. AB 3889 - Kapiloff Defines "documented vessel" for property taxation Chapter 1467 purposes to include a vessel registered with or licensed by the Departmentof Motor Vehicles. The bill eliminates the requirement that the port of documentation of a documented vessel be in this state in order to be assessed at 1% of its full cash value and includes vessels engaged or employed exclusively in carrying or transporting people for hire for commercial passenger fishing purposes among documented vessels entitled to such special assessment. The bill is operative from the lien date 1975 to lien date 1979, inclusive. The bill becomes effective on January 1, 1975. AB 3893 - Murphy Authorizes the Department of Parks and Recreation to (Chapter) 1529 acquire rights-of-way for riding, hiking, and bicycle trails in Santa Cruz, San Mateo, and Santa Clara Counties between specified units of the state park system. The bill requires such acquisitions to be subject to the provisions of the Property Acquisition Law. The bill reappropriates $600,000 of funds appropriate pursuant to subdivision (a), Section 2, Chapter 265, Statutes of 1974, to the department for purposes of the act. The bill becomes effective immediately. AB 3905 (Fong) Revises provisions with respect to leaves of absence Chapter 1530 for state employees for pregnancy to provide that a state employer shall grant to state officers and employees a leave of absence for a period of up to 60 days, and may grant a leave of absence without pay for a period not exceeding one year, for pregnancy, miscarriage, childbirth, and recovery therefrom. AB 3923--berman Specifically incl udes women within term minority for Chapter 1468 purposes of the Employment Development Act of 1973. The changes made by this bill become effective January 1, 1975. AB 3925 - McAlister Authorizes a court in awarding costs to the parties Chapter 1469 in condemnation actions to allow the condemnee under certain circumstances all expenses reasonably and necessarily incurred in preparing for and conducting condemnation a trial, including, among other expenses attorney's fees, appraisal fees, surveyor's fees, and fees of other experts. The bill becomes effective or January 1, 1975. -7- #559 AB 3941 (Priolo) Provides a mechanism for use of federal funds for Chapter 1470 transportation planning, Federal Highway Safety Act, and Urban System Funds. The bill also allows the Department of Transportation to assist in obtaining federal funds for aged and handicapped to be used by private non-profit transportation entities. AD 3973 (Vasconcellos) Appropriates $10,000 to enable the California Post- Chapter 1471 secondary Education Commission and the State Scholar- ship and Loan Commission to study and report to the Legislature by December 1, 1975, on the feasibility of implementing a California Community Service Fellowship Program. This program would permit individuals performing services in certain specified types of community service work to accrue monetary benefits receivable at the time the participant enrolls in a postsecondary institution. AB 4012 (Lanterman) Requires the Superintendent of Public Instruction to Chapter 1472 reimburse school districts and county superintendents of schools for specified costs of services provided by sheltered workshops and other work establishments for occupational training of physically handicapped and mentally retarded pupils. The bill specifies that amount of reimbursement shall be cost of services up to $650 per year, less the local share as determined by State Board of Education The bill also appropriates $170,000 from the General Fund to the Department of Education. AB 4108 (Knox) Revises provisions regarding eligibility and prioritie Chapter 1473 in financing projects under the California Pollution Control Financing Authority Act. Prohibits the financing of more than an aggregate of $50,600,000 of projects in any calendar quarter. Provides that the California Pollution Control Financing Authority shall obtain from appropriate state control agencies. Requires the authority to make a prescribed annual report to the Legislature. AB 4220 (R. Johnson) Permits the State Park and Recreation Commission to Chapter 1474 hold hearings regarding the classification or reclassi fication of a state park system unit, or the approval of a resource management plan or general plan for a unit, within a radius of 100 miles of specified cities rather than requiring the commission to hold such hearings only in such cities. The bill also requires the Department of Parks and Recreation to interpret, as well as administer, protect, and develop, the state park system. AB 4253 (Bagley) Deletes the provision permitting the Public Utilities Chapter 1539 Commission to hold executive sessions to deliberate on decisions and the institution of proceedings or litigation. The bill provides instead that the meetings of the commission shall be open and public in accordance with provisions of law generally requiring open and public meetings of state agencies, but permits executive sessions to deliberate on (1) the institution of enforcement proceedings or litigation, or (2) decisions to be reached in matters for which public hearings have been held. AB 4304 Sieroty Prohibits any person engaged in the business of extracting Chapter 1475 oil or gas from lands within the state, or of refining gasoline within the state from refusing to sell to any city or county sufficient quantities of his petroleum products for the essential services provided by such city or county. The changes made by this bill become effective January 1, 1975. -8- #559 AB 4343 - Chacon Authorizes a city to emact an ordinance providing for Chapter 1476 the sale of residential property acquired by the city at less than market value under specified conditions. Makes legislative findings re such sales. The bill becomes effective on January 1, 1975. AB 4354 - Russell Eliminates the current maximum interest rate or bye Chapter 1477 that is chargeable on Cal-Vet loans, replacing it wit a floating interest rate, and establish a cut-off for eligibility earned during the Vietnam period. The bill becomes effective immediately. B 4392 - Fong Provides that any city with a population of 1,000,000 Chapter 1478 or more with a pension or retirement plans which require officers and employees of one sex to pay greater contributions than those of another sex who are the same age shall be revised so that contribution are the same commencing with contributions for service on and after January 1, 1975. AB 4412 - Papan Extends to public institutions of higher education Chapter 1479 existing law which authorizes local school districts to submit names of seniors who drop out of school to private business or professional schools. The bill becomes effective on January 1, 1975. AB 4438 ( Wood) Changes per diem for members appointed by the Governo Chapter 1399 to the board of administration of the Public Employee Retirement System from $25 to $50 per day of actual attendance at meetings of the board. Redefines various terms. Revises provisions relating to contractual obligations for miscellaneous members. Defines rate of contribution by the state for state miscellaneous members. Repeals and consolidates various provisions. Require state's contributions for state miscellaneous members to be held exclusively for the benefit of specified persons. AB 4449 (Wood) Provides that a person in full-time employment which Chapter 1480 in the opinion of the Board of Administration of the Public Employees' Retirement System is on a seasonal or temporary basis is excluded from membership in the system unless the employment is compensated and the appointment or employment contract fixes a term of employment in excess of six months or, if a term is not fixed, the employment under such appointment or contract continues for more than six months or the person is a member at the time of entering such employment. AB 4467 (Waxman) Changes required elements of complaint or cross- Chapter 1481 complaint arising out of personal injury or wrongful death, and filed in any superior court proceedings to not include a statement of specific amount demanded as recovery. Provides that defendant may demand damages statement. Provides for petition to court to order plaintiff or cross-complainant to serve such responsive statement Specifies that even though no demand for damages statement is made, plaintiff must give notice to defendant of amount of general and special damages being sought prior to entry of default; or, where answer is filed, at least 60 days prior to time set for trial. AB 4468 (Waxman) Requires insurers writing dental or medical mal- Chapter 1482 practice insurance to report statistics to the Insurance Commissioner on an unknown date each year. -9- #559 AB 4481 (Vasconcellos) Provides for the right to refuse psychosurgery, as Chapter 1534 defined, to patients under the Lanterman-Petris- Short Act. Provides that such rights may not be denied for good cause, and requires written informed consent, as defined, to be secured along with other requirements prior to such treatment. Authorizes shock treatments to be performed only after review and approval by a committee of three physicians upon certain determinations and approval of a responsible relative, parent, guardian or conservator. Provides for civil penalties, and revocation of license of a physician violating such provisions and an action for civil damages. AB 4505 - Thurman Appropriates $79,974.95 from the General Fund to the Chapter 1483 State Controller for disbursement to Merced County for property tax revenues lost by reason of specified provisions of law regarding the assessment as open space land of land subject to a wildlife habitat contract which restricts the use of the land to wildlife habitat and nature pasture. The bill takes effect immediately. AB 4525 (Fong) Authorizes payment by a school district to a surviving Chapter 1535 spouse of any employee murdered while in the course of his employment the amount that the deceased would have received if he had lived to complete the time remaining in his contract with the district. The bill is applicable to the surviving spouse of such employees who were murdered during or after the 1973-74 school year. # # # # # -10- Walthall OFFICE OF GOVERNOR RONALD REAGAN RELEASE: Immediate Sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #560 Governor Ronald Reagan today signed legislation (AB 4040-Lanterman) authorizing a three-year pilot program to evaluate the state Department of Education's Master Plan for Special Education. The bill carries a 1974-75 General Fund appropriation of $450,000 for plan development and administration, and $10.3 million in 1975-76 for administration and support of the programs it generates. "This measure will permit the consolidation of our current fragmented categorical approach to special education into a single comprehensive plan prepared at the local level and approved by the Superintendent of Public Instruction," the governor said. "This will eliminate excluding certain children from an educational opportunity because of their physical or mental condition, segregating children from the regular school program solely because of their handicap, and will permit all children to receive an education on the basis of their need. "I am particularly pleased to sign this bill because it is another step forward in maintaining California's position of leadership in the field of special education." ###### Walthall OFFICE OF GOVERNOR RONALD REAGAN RELEASE: Immediate Sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #561 Governor Ronald Reagan today signed a Senate bill (SB 1860) authored by Senator Peter Behr (R-San Rafael) that will train high school students to be parents and an Assembly bill (AB 4134- McCarthy) allocating funds for the expansion of migrant child care centers, including one center for infants. SB 1860 appropriates $600,000 from the General Fund to the Superintendent of Public Instruction in order to enter into agreements with school districts or county superintendents for high school students to learn how to care for infants and accept parental responsibilities. The programs are designed to encourage teenage mothers to complete their educations and get jobs rather than dropping out of school and becoming dependent on welfare in order to care for their children. AB 4134 appropriates $200,000 to the Department of Education to develop and operate additional child day care centers. Employment Development Department currently operates 26 such centers at EDD migrant camps. The bill provides for infant care at one of the new centers. "In signing these bills I expect both will lead to improvement in child-rearing practices and reduce significantly child abuse resulting from improper care due to inadequate knowledge of child development, " the governor said. ##### McKelvey OFFICE OF GOVERNOR RONALD REAGAN RELEASE: Immediate Sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #562 Governor Ronald Reagan today signed SB 2267 (Mills), which directs the Department of Transportation to study the feasibility of upgrading rail passenger service to ease travel congestion between Los Angeles and San Diego. The department will include an engineering feasibility report, considering alternatives and costs, in its report to the legislature due October 1, 1975, on all modes of travel in the Los Angeles- San Diego corridor. The bill also directs the department to give consideration to extending rail passenger service to the Mexican border. "The Los Angeles-San Diego corridor is the most heavily traveled in the southern part of the state and certainly the movement of persons by train requires thoughtful consideration, " the governor said. ###### McKelvey OFFICE OF GOVERNOR RONALD REAGAN RELEASE: Immediate Sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #563 Governor Ronald Reagan today signed legislation (AB 27 - Vasconcellos implementing 1972 ballot Proposition 5, which was approved by the voters. The bill authorizes the governing boards of the state's school districts to carry on educational programs and activities until January 1, 1976, which are not in conflict with the laws and purposes under which school districts are established. It also authorizes, after that date, governing boards to initiate and carry on any program or activity that is not inconsistent with the laws relating to school districts. School districts, in both cases, include community college districts. "There is an acknowledged need for revision of the state Education Code, " the governor said, "and this bill carries out the wishes expressed by an overwhelming majority of the voters two years ago. It fully conforms with the principle of local authority and autonomy." " ##### McKelvey OFFICE OF GOVERNOR RONALD REAGAN RELEASE: Immediate Sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #564 Governor Ronald Reagan today assured California school children of breakfasts and lunches by signing SB 2020 (Moscone). The measure authorizes school districts to apply for state and federal funds to furnish paid, reduced price or free meals. "Nutrition is vital to every child's growth and development," said the governor, "and I am pleased that we are able to make it easier and less expensive for parents who have seen the prices of hot breakfasts and lunches soar past the reach of their pocketbooks. I realize that many parents have not been able to keep up with the increases. Hopefully, many children who haven't been able to participate can now get back into the program." The bill carried a General Fund appropriation to the Superintendent of Public Instruction of $13.6 million, which the governor reduced to $12.5 million. "Current estimates show that the amount ($760,000) for disbursement to local agencies is not required and that $340,000 for the Department of Education to develop, implement, supervise and evaluate nutrition programs is not necessary. "The appropriation I have approved will be adequate to implement the provisions of this measure.' " ###### McKelvey OFFICE OF GOVERNOR RONALD REAGAN MEMO TO THE PRESS Sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #565 Governor Ronald Reagan announced today he has signed the following bills: SB 8--Deukmejian Changes the compensation, number, and positions of Chapter 1400 staff of the Los Angeles County Superior Court. The changes made by this bill become effective January 1, 1975. SB 391 (Biddle) Vests authority in Department of the Youth Authority Chapter 1401 to reduce crime and delinquency by assisting in development, establishment and operation of a com- prehensive community based program for crime and crime prevention. SB 640 - Beilenson Extends the law regarding radiologic technology Chapter 1402 regulation until January 1, 1980. Requires the Department of Health to evaluate and report to the legislature by January 1, 1976, the Department's regulation of radiologic technology. The bill becomes effective on January 1, 1975. SB 771 - Lagomarsino Abolishes the Bureau of Narcotic Enforcement in the Chapter 1403 Department of Justice and transfers its functions to the Department of Justice generally and to the Attorney General. The bill deletes the requirement that two of the agents of the Department of Justice be registered licentiates in pharmacy. The bill also revises the composition of the Research Advisory Panel regarding marijuana and hallucinogenic drug research. The changes made by this bill become effective January 1, 1975. SB 788 - Way Repeals existing statutory provisions which establish Chapter 1404 quality and maturity standards for certain fruits, nuts, and vegetables. Provides for the establishment of administrative standards and procedures, for adopting, modifying, or rescinding quality and mat- urity standards for any nuts, fruits, and vegetables by the Director of Food and Agriculture. Provides neither appropriation nor obligation for cost reimbursement to any local agency. The bill becomes effective on January 1, 1975. SB 884 - Dills Exempts from property taxation certain cargo container Chapter 1405 principally used in the transportation of cargo by vessels in ocean commerce; operative from lien date in 1975 to lien date in 1978, inclusive. Appropriates from the General Fund to the Controller an amount sufficient to reimburse local government for such losses as specified in the enactment. The bill becomes effective on Janua ry 1, 1975. SB 977 - Gregorio Repeals Subdivision Map Act and provides comprehensive Chapter 1536 revision of procedures for approval of subdivisions. Repeals provisions relating to public access to natural resources and provides for revision of such provisions. The bill becomes effective on January 1, 1975. SB 1115 (Stiern) Revises the exemption from sales, transactions, and Chapter 1406 use tax purchases of trailers or semitrailer with unladen weight of 6,000 pounds or more for use exclusively outside of California, under prescribed conditions. Covers purchases from a dealer within or without this state for use exclusively in inter- state commerce or exclusively outside of California. SB 1322 (Nejedly) Provides for the certification of qualified nurses, Chapter 1407 as specifield, to be nurse-midwives and authorizes the practice thereof, as defined. -1- #565 SB 1451 - Robbins Creates the 51st District Agricultural Association in Chapter 1408 the San Fernando area of Los Angeles County. The bill becomes effective on January 1, 1975. SB 1471 (Bradley) Requires the Department of Motor Vehicles to suspend Chapter 1409 the driving privilege of any driver or owner of a motor vehicle involved in an accident more than $250 damage unless such person files proof of ability to respond in damages for a period of three years. SB 1507 (Marks) Makes various changes in statutes relating to county Chapter 1410 clerks and the Secretary of State's duties in retaining, inspecting, and destruction of initiatives, referendums, and recall petitions. SB 1521 (Alquist) Prohibits the sale or installation of new residential- Chapter 1411 type gas appliances, as defined, equipped with a pilot light 24 months after the development of an intermittent ignition device, as defined, or January 1, 1977, whichever time is later. Directs State Energy Resources Conservation and Development Commission to develop by January 1, 1976, specifications for intermittent ignition devices. Provides that the State Energy Resources Conservation and Development Commission shall notify specified manufacturers of regulations, shall locate and distribute a seal of certification for complying manufacturers, and shall make periodic inspection to determine compliance with specified provisions. Provides for injunctive relief and civil penalties for violations of the act as specified. SB 1586--Marks Establishes educationally handicapped pupils with visual- Chapter 1501 perceptual disorders as a category for which payment may be made toward tuition in private schools in specified circumstances. The bill establishes rights of parents regarding determination of tuition eligibility. The changes made by this bill become effective January 1, 1975. SB 1628 (Bradley) Appropriates $576,586.42 for disbursement to 69 Chapter 1412 specified agencies for reimbursement of costs incurred in the preparation of dam failure inundation maps. SB 1644 - Collier Creates the Collier Park Preservation Fund in the Chapter 1502 State Treasury, and requires state park system revenue not exceeding $7,000,000 collected in any one fiscal year to be paid into the fund and available, when appropriated by the Legislature, for the acquisition, planning, and development of state park system projects. The bill becomes effective January 1, 1975. SB 1729 (Alquist) Creates a Seismic Safety Commission and requires the Chapter 1413 commission to report annually to the Governor and Legislature on its finding, progress, and recommen- dations relating to earthquake hazard reduction. Provides that the Strong-Motion Instrumentation Board and the Building Safety Board shall report annually to the commission. Appropriates $85,000 to the Seismic Safety Commission for the purposes of this act. -2- SB 1766 (Behr) Revises the law regarding the importation, trans- Chapter 1503 portation, possession, and release alive into the state of live wild animals, as defined. Requires payment of a fee in an amount to be determined by the Director of Fish and Game for a permit to import, possess, or transport any wild animal. Declares legislative intent. Provides that neither appropriation is made nor obligation created for the reimbursement of any local agency for any costs incurred by it pursuant to the act. 3 1852 - Beilenson Prohibits sale or disposal of prophylactics unless Chapter 1414 prophylactic packaging conforms to designated standard Redefines terms prophylactic, wholesaler, and retailer Requires wholesale dealers to keep record of sale for 3 years and make such records available to board or any law enforcement officer. Prohibits purchase of prophylactics for retail sale except from licensed wholesaler. The bill becomes effective on January 1, 1975. SB 1853 -- Beilenson Authorizes municipal and justice courts to specify the Chapter 1415 time, terms, and conditions, including installment payments, for the payment of money judgments. The changes made by this bill become effective January 1, 1975. SB 1905 - Rodda Permits high school graduates who are visually handi- Chapter 1505 capped, orthopedically handicapped, or deaf, to attend regional occupational centers or programs. Requires that additional special instruction be provided to such students as long as no duplication of effort would occur with existing programs. Includes provisions for additional funding of such special instruction from the State School Fund in the event that the services are not provided by a com- munity college located within a reasonable commuting distance of the Regional Occupational Center. The bill becomes effective on January 1, 1975. SB 1908 Grunsky Authorizes five county superintendents to conduct experimental Chapter 1506 special programs for specified physically handicapped pupils between 18 months and 3 years of age. The bill also authorizes five county superintendents to conduct experimental individualized instruction for specified physically handicapped pupils. It limits apportionments to $380, 000 for purposes of the bill. The bill takes effect immediately. SB 1909 -- Nejedly Provides that counties must comply with specified Chapter 1416 requirements regarding equal availability of facilities, programs, services, and privileges for male and female inmates in adult detention facilities. County compliance is not required until the Legislature appropriates money to fund this program. The counties are mandated, however, to report to the Legislature by January 1, 1976. on the feasibility of such compliance. The changes made by this bill become effective January 1, 1975. SB 1966 (Mills) Requires the San Francisco Bay Area Rapid Transit Chapter 1417 District to continue to impose the transaction and use tax until December 31, 1977, or until an additional $82.2 million is received from the tax. SB 1978 - Robbins Deletes provisions, with respect to persons retired Chapter 1418 pursuant to the, Public Employees Retirement Law, requiring expiration of a one-year period from the effective date of retirement before the Board of Administration of the Public Employees Retirement System may reinstate such persons. The changes made by this bill become effective January 1, 1975. SB 2044 - Nejedly Describes a railroad grade separation project in the Chapter 1419 City of Pittsburg which is eligible for funding from grade separation funds. The bill becomes effective on January 1, 1975. -3- #565 SB 2066 - Carpenter Requires assessors in counties having 10% or more Chapter 1420 Spanish-surname or Spanish-speaking persons according to the latest federal decennial census to send certain notices relating to the homeowners' property tax exemption and senior citizens property tax assistance to homeowners in both English and Spanish. Authorizes assessors in other counties to send such notices in Spanish. The bill becomes effective January 1, 1975. SB 2167 -- Robbins Provides that certain nonprofit organizations with the Chapter + 1421 primary purpose of implanting specified character traits in youth through a supervised program of competitive sports are, for sales and use tax purposes, consumers of food products and nonalcoholic beverages which they sell, rather than retailers, provided that the profits are used solely in furtherance of such purpose. The bill takes effect immediately. SB 2201 - Robbins Provides that an executor or an administrator of an Chapter 1422 estate may grant an exclusive right to sell property up to for 90 days if executor or administrator obtains prior court permission upon showing of necessity and advantage to the estate, at specified times. The changes made by this bill become effective January 1, 1975. SB 2249 (Grunsky) Requires that when applications are made in the Chapter 1423 superior court for release from a state mental hospital where the defendant is confined, all documents requested by the superior court shall be forwarded from the committing county. SB 2259 -- Petris Provides that all state employees and employees of Chapter 1424 the University of California and the California State University and Colleges shall have the right to communicate with Members and employees of the Legislature. This bill permits such employees to assert such right of communication as a defense at a punitive action hearing, where such employee believes that the punitive action is in retaliation for communication with Members and employees of the Legislature. The changes made by this bill become effective January 1, 1975. SB 2264 - Moscone Expresses legislative intent regarding the education Chapter 1425 of Indian children and establishment of ten California Indian education centers. It provides that the centers shall be designed to perform certain specified function and further provides that the State Board of Education, upon the advice and recommendations of the Superinten- dent of Public Instruction, shall adopt guidelines for the selection and administration of the centers. There is an appropriation of $400,000 for the 1974-75 fiscal year to the Department of Education for the purposes of this act. The bill takes effect immediately. B 2266 - Mills Authorizes San Diego, Orange and Los Angeles counties Chapter 1426 to enter into a joint powers agreement and request AMTRAK to increase passenger train service by up to two trains per day. The counties may make contribu- tions not to exceed $260,000 annually to the joint powers entity to meet any losses suffered by AMTRAK for this service. The bill becomes effective on January 1, 1975. -4- #565 SB 2268 - Mills Requires reduced state and local share of grade Chapter 1428 separation when ANTRAK contributes a specified por- tion of the cost. Authorizes the Public Utilities Commission to give such projects a higher priority than other non-ANTRAK funded separations. The bill also provides for demonstration projects for (1) a passenger interconnection between AMTRAK, BARTD, and the Alameda-Contra Costa Transit District; (2) construction and evaluation of bus Transit passenger shelters; and (3) providing services for bicyclists and pedestrians so that they may cross bridges where existing facilities do not exist. The bill becomes effective on January 1, 1975. SB 2291 - Song Appropriates $325,000 to provide assigned judges and Chapter 1429 supporting staff to assist the Court of Appeal in San Francisco. The changes made by this bill become effective January 1, 1975. SB 2368 (Walsh) Chapter 1430 Exempts certain commercial vehicles and cranes registered under the Vehicle Code and licensed under the Vehicle License Fee Law from property taxation. The bill also excludes cranes from provisions of the Vehicle Code which authorize the issuance of one-trip permits by the Department of Motor Vehicles for operating certain vehicles. SB 2379 -- Stull Limits the maximum state contributions for salary of Chapter 1431 county veteran service officers to those officers not employed in such capacity on a full-time basis. The bill appropriates $400, 000 in addition to other previously appropriated funds for this purpose. The changes made by this bill become effective January 1, 1975. SB 2419 ( Marks) Prohibits any person, on or after July 1, 1975, from Chapter 1432 causing or permitting the spraying of any substance containing more than ½ of 1% asbestos in or upon a building or other structure during its construction, alteration, or repair; and, on or after July 1, 1976, prohibits the spraying of any substance containing any amount of asbestos. Exempts cold process cutback asphalt roof coatings from such prohibitions. # # # -5- Walthall OFFICE OF GOVERNOR RON D REAGAN RELEASE Immediate Sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #566 Governor Ronald Reagan today announced that he has vetoed the following bills: AB 16 -- Z'berg Mandates the 2 percent at age 50 (Highway Patrol Formula) Chapter for local safety members of PERS which is now available at the option of a contracting agency. The bill makes an open-ended appropriation to reimburse local governments for the mandated costs. The changes made by this bill become effective January 1, 1975. REASON FOR I am returning without my signature Assembly Bill No. 16 VETO: entitled, "An act to amend Sections 20603.01, 20980, 21252.01, and 21252.45 of, and to repeal Section 21252.03 of, the Government Code, relating to the Public Employees' Retirement System, and making an appropriation therefor.' This bill would mandate the two percent retirement factor at age 50 for local safety members of the Public Employees' Retire- ment System and makes an open-ended appropriation to reimburse local governments for the mandated costs. The provisions of this bill are already available to local government on an optional basis. This bill is an attempt to have the state assume the financial burden for local retirement programs. I can find no justifica- tion for the state to assume this obligation. AB 218 - Quimby The bill would permit any private providers or local Chapter governmental entities to submit a claim to the State Boa rd of Control for reimbursement for emergency ambulance service rendered to an indigent who is not a California resident. A claim would be reimbursed only for costs not covered by another source. The bill becomes effective on January 1, 1975. REASON I am returning without my signature Assembly Bill No. 218 entitled, FOR "An act to add Chapter 4.5 (commencing with Section 13958) to Part VETO: 4 of Division 3 of Title 2 of the Government Code, relating to emergency ambulance services." This bill would require the State of California to reimburse any person or local governmental entity providing emergency ambulance service to an indigent who is not a state resident. While it may well be that the cost of providing this type of service is high in the counties contiguous to the inland boundaries of the state, persons and local governmental entities in other counties would not have the same advantage of reimbursement. Enactment, therefore, would be discriminatory to these other counties. I also find the bill deficiant in providing guidelines capable of uniform administration. I believe those persons and local governments pro- viding such services in the State of California should be treated alike. AB 352 - McCarthy Creates the Housing Rehabilitation Fund for the Chapter purpose of making loans and grants for the rehabilita- tion of low and moderate-income housing and loans for the rehabilitation of commercial structures. Appropriates $20,000,000 from the General Fund. The Changes made by this bill become effective January 1, 1975. REASON FOR VETO - SEE NEXT PAGE #566 REASON FOR VETO OF AB 352 - McCarthy This bill would create a Housing Rehabilitation Fund representing an appropriation of $20 million from the State General Fund to make below-market rate loans and grants for the rehabilitation of housing under specified conditions. This is a new housing program activity for California which basically duplicates the Federal Section 312 rehabilitation program administered by the Department of Housing and Urban Development. Recently, new federal money, previously impounded, was released and channeled into this program. Future funding of this rehabilitation program will be made available through the federal Housing and Community Development Act of 1974 (PL 93-383). It appears, therefore, that the federal government is maintaining continued emphasis on this particular program. Furthermore, on July 10, 1974, I signed Senate Bill 1495 (Marks) which extended the provisions of the Marks-Foran Residential Rehabi- litation Act to permit all cities, counties, cities and counties, redevelopment agencies, and housing authorities to issue local bonds for primarily the same purposes as are suggested in AB 352. In this way, local jurisdictions can determine whether the program proposed in this bill is a priority within their jurisdiction. If so, then that jurisdiction has the ability to issue bonds for such program without this bill. AB 396 - Z'berg Provides that under state civil service appeals from Chapter rejections during probationary period, punitive actions, medical separations, tranfers, denials of sick leave, reports of performance, and layoffs shall be held by the State Personnel Board or a hearing officer assigned by the Office of Administrative Hearings. The changes made by this bill will become effective January 1, 1975. REASON I am returning without my signature Assembly Bill No. 396 FOR VETO: entitled, "An act to amend Section 18671 of the Government Code, relating to hearing officers." This bill provides that, under state civil service, appeals from rejections during probationary period, punitive actions, medical separations, transfers, denials of sick leave, reports of performance, and layoffs shall be held by the State Per- sonnel Board or a hearing officer assigned by the Office of Administrative Hearings. Responsibility for review of state personnel disciplinary actions is given to the State Personnel Board by Article XXIV of the California State Constitution. The Personnel Board currently makes use of both board hearing officers and hearing officers assigned from the Office of Administrative Hearings. This bill would limit the use of hearing officers to those assigned by the Office of Administra- tive Hearings. I am not aware of any reasons to justify limiting the State Personnel Board's authority to determine which hearing officers can best assist in exercising the Board's constitutional responsibility. AB 417 - Wilson Makes comprehensive changes in the Senior Citizens Chapter Property Tax Assistance Program. The changes made by this bill become effective January 1, 1975. REASON FOR VETO NEXT PAGE #566 EASON FOR VETO OF AB 417: 1 am returning without my signature Assembly Bill No. 417 entitled, "An act to amend Sections 19502, 19523, and 19526 of the Revenue and Taxation Code, relating to senior citizens property tax assistunce". The Senior Citizens Property Tax Assistance Program which was first enacted in 1967 was intended to reduce the residential property tax burden on our low-income senior citizens and was limited to persons 65 or over whose home did not exceed $20,000 in market value, and who met a gross income test of $10,000, and had a maximum household income of $3,350 or less. The state cost of this program was $7,800,000 per year. Since that time, the program has been expanded to include all persons 62 years of age or over, whose homes do not exceed $30,000 in market value, who meet gross income tests of $20,000, and have a maximum household income of $10,000 or less. The state cost of the program during the last fiscal year exceeded $60,000,000. Further, I approved legislation in 1973 which extended the program to senior citizens on welfare at an estimated annual state cost of $13,300,000. The bill would revise the definition of "household" and increase the reimbursement schedule, assessed valuation amount on which assistance is granted, and gross household income restrictions under the Senior Citizens Property Tax Assistance Program. Approval of this bill would increase state costs by an additional $60,000,000 per year. In addition, some of the reimbursement provi- sions contained in the bill could result in over-assessments with the state assuming the cost. The bill also removes the means test, thereby extending the program to citizens who can well afford to pay property taxes. B 493 (Quimby) Creates the California Public Telecommunications Council with Chapter responsibilities to develop and implement a State Plan to ensure the orderly growth of public tele- communications, provide a system to interconnect public telecommunications facilities in the State and make grants to eligible agencies, departments, institutions, and nonprofit educational broadcasters to produce program material and acquire broadcasting facilities. The bill appropriates $775,000 to the Council for 1974-75 fiscal year. EASON I am returning without my signature Assembly Bill No. 493 OR VETO: entitled, "An act to add Chapter 9 (commencing with Section 11800) to Part 1 of Division 3 of Title 2 of, to repeal Section 14657 of, and to repeal Article 8 (commencing with Section 14716) of Chapter 2 of Part 5.5 of Division 3 of Title 2 of, the Government Code, relating to the television advisory committee, and making an appropriation therefor." " Assembly Bill No. 493 would create the California Public Telecommunications Council with responsibilities, among others, for development and implementation of a State Plan to assist agencies, institutions, and nonprofit organizations provide instructional and noncommercial public broadcasting services, make grants to applicants to provide these services, and establish a telecommunications system to interconnect public telecommunications facilities for program distribution. It would appropriate $775,000 to the California Public Tele- communications Council to defray expenses of the Council, to make grants, and for establishing an interconnection system. As in the past, I have advocated that the educational, cul- tural, and community needs of the citizens of our state can best be served without the intervention and controls of the state as would be the situation in creating the California Public Telecommunications Council and its authorities. Under the Council which AB 493 would create there exists a potential for public telecommunications becoming a centralized state system which, I believe, could not effectively be responsive to the needs of the local communities. -3- #566 AB 600 date Dunlap Chapter Expands the basis for reimbursing counties for child support activities from the Support Enforcement Incentive Fund (SEIF). EASON I am returning without my signature Assembly Bill No. 600 entitled, DR VETO An act to amend Section 15200.1 of the Welfare and Institutions Code, relating to public social services, and making an appropria- tion therefor." This bill would provide for amounts paid by absent parents directly to recipients of AFDC for support as the result of local enforce- ment action to be included for the purposes of determining the state appropriation to the Support Enforcement Incentive Fund to each county to offset county costs. The Welfare Reform Act of 1971 provided an incentive for counties to establish and maintain a sound system of obtaining child support payments from absent parents, applying such payments to the welfare grants received by the families involved, and ensuring the punctu- ality and correctness of the payments. This bill not only dilutes this provision of the reform act, but provides incentives for development of a system of child support collections which is contrary to the safeguards that were included in the Welfare Reform Act. I cannot agree to any system which resurrects the administrative problems and reestablishes the loopholes removed by the Welfare Reform Act. AB 725 (Sieroty) Revises the penalty for unlawfully using or being Chapter under the influence of marijuana to eliminate the 90-day mandatory minimum term of imprisonment and to make such offense punishable by imprisonment for not more than one year in the county jail. The bill becomes effective on January 1, 1975. REASON FOR I am returning without my signature Assembly Bill No. 725 ET entitled, "An act to amend Section 11550 of the Health and Safety Code, relating to controlled substances." This bill would eliminate the mandatory minimum term for persons found to be under the influence of marijuana. Although present law provides that persons convicted of unlawfully using or being under the influence of marijuana who are sentenced to jail must serve a minimum of 90 days, it also permits persons deemed by the court to be good risks to be given probation or diverted to a treatment program prior to prosecution. Under this judicial flexi- bility judges can make the level of sentence fit both the crime and the offender. AB 726 - Sieroty Makes certain provisions for the sealing of criminal Chapter records applicable in specified cases of violations of specified laws relating to possession, use, or being under influence of marijuana. The bill becomes effective on January 1, 1975. EASON I am returning without my signature Assembly Bill No. 726 entitled, OR VETO: "An act to amend Sections 851.7 and 1203. 45 of the Penal Code, relating to sealing of records". This measure would permit the sealing of records of arrests for misdemeanor arrests or convictions of possession of marijuana, possession of narcotics-related paraphernalia, being under the influence of marijuana or being in a place where it is being used. The measure further provides that if the offense occurred prior to March 7, 1973, and the person was under the age of 21 rather than the age of 18 at the time of commission, the record may be sealed. Reason for veto continued on next page. #566 Reason for veto of AB 726 continued: Minors affected by this measure are those being tried in adult court after certification by the juvenile court as being unfit to be tried as juveniles. Thev do not represent the casual rehabilitable youngster. The sealing of such records would not only deny the courts and law enforcement agencies necessary information needed in handling these individuals for future narcotic offenses, it could also preclude treatment or specialized rehabilitation programs. Approval of this bill would not be beneficial to society or to the individual involved and could act to the detriment of both. AB 736 (kalph) Treats tips in excess of $20 as wages for purposes of Chapter determining employer and worker contributions to unemployment fund. Authorizes employers to estimate and withhold sufficient unemployment contributions from workers salary to include contributions derived from tips. Makes employer liable for employee contributions on tips to the extent such tips are reported as wages by workers. I am returning without my signature Assembly Bill No. 736 entitled, "An act to amend Sections 926, 984 and 1085 of, to add Sections 927, 976.2, 986.5, 987.5 and 1088.5 to, and to repeal Section 927 of, the Unemployment Insurance Code, relating to unemployment insurance". This bill would make cash tips and gratuities received by a worker from persons other than his employer "wages" for unemployment and disability insurance purposes if such tips and gratuities equal or exceed $20 a month. This measure would not only result in increased unemployment insurance taxes for many employers, but it would also increase disability taxes payable by many employees. The number of persons benefiting from this measure are very small, yet all employees who receive tips would suffer a tax increase. Taxing many employers and employees for the be sfit of only a few is unsound. AB 791 (Lewis) Designates law regarding dismissal and evaluation and Chapter assessment of performance of public school certificate employees as the Stull Professional Competence Act. The bill provides that the system of evaluation and assessment of public school certificated employees may be uniform throughout district or individually developed for territories or schools within district. It requires that all certificated employees of a district be subject to a system of evaluation and assessment. The bill prohibits evaluation and assess- ment guidelines from including publishers' norms established by standardized tests as criteria for the evaluation and assessment. The bill also requires governing board of each school district prior to changing any health and welfare benefit program or group insurance program, to meet and confer with the certificated employee council or certificated employee organizations. I am returning without my signature Assembly Bill No. 791 entitled, "An act to amend Sections 13408, 13485, and 13487 of, and to add Sections 13007.6 and 13491 to, the Education Code, relating to school employees." EASON FOR VETO OF AB 791 CONTINUED #566 Assembly Bill b. 791 would make numerou. changes to the Education Code provisions relating to dismissal and evaluation and assessment of the performance of public school certificated employees. It further would require governing boards of school districts, prior to changing any health and welfare benefit program or group insurance program, to meet and confer with the certificated employee council or certificated employee organizations, except as to the determination of the carrier or carriers of such programs. I cannot approve this measure for two reasons. The first is the fact that the bill denies the governing board the right to meet and confer regarding insurance carriers. "Meet and confer" should apply to all areas of employee benefits. The second is the provision that would prohibit evalua- tion and assessment guidelines from including publishers' norms established by standardized tests as criteria for the evaluation and assessment of certificated personnel. Existing statutes contain no requirement that standardized tests, or their publishers' norms, be used as criteria for the assessment of teachers. It should be assumed that such criteria would be used only if they are deemed appropriate and useful in the evaluation process. Publishers' norms for standardized tests are one of the most acceptable means available to relate the academic progress of groups of pupils to nationwide averages or standards of scholastic achievement. It would be in- appropriate at this time for the state to limit the evaluation options available to school districts. If the evaluation and assessment guidelines are to be modified, the changes should be based upon real experi- ences, not upon anticipatory fears. AB 938 - Warren Requires that an environmental impact report prepared hapter pursuant to the Environmental Quality Act of 1970 include a statement of measures to reduce wasteful, inefficient, and unnecessary consumption of energy. Authorizes inclusion in an environmental impact report of an economic impact statement, as specified. The changes made by this bill become effective January 1, REASON FOR VETO: 1975. I am returning without my signature Assembly Bill No. 938 entitled, "An act to amend sections 21000, 21061, and 21100 of the Public Resources Code, relating to economic and environmental impact.' This bill would require that an environmental impact report prepared pursuant to the Environmental Quality Act of 1970 include a statement of measures to reduce wasteful, inefficient, and unnecessary consumption of energy and would authorize inclusion in an environmental impact report of an economic impact statement. While it is a laudable objective of the bill to achieve a balanced considera- tion of economic as well as environmental factors in the preparation of Environmental Impact Reports, I feel this objective has been satisfactorily met through the preparation of guidelines for Environmental Impact Reports by the Secretary of the Resources Agency. Such guidelines were adopted in early 1973 and require that each Environmental Impact Report include a section on the "Growth-Inducing Impact of the Proposed Project. 11 Under such provision the ways in which the proposed project would foster economic or population rowth are to be discussed. Purthermore, the Secretary of the Resources Agency will be releasing on January 1, 1975, the Economic Practices Manual, prepared pursuant to AB 635, 1973 session, which is intended to provide assistance to local public agencies to evaluate the possible economic impact of a proposed project within their jurisdiction. It would not only be premature to enact this legislation, which would take effect at the same time as the release of the manual, but would also result in a duplication of effort which would not be in the public's best interests. Finally, this legislation requires specific economic considerations to be included in an Environmental Impact Report which will only lead to additional expense and delay to project applicants, and which will subsequently be nassed on to the consuming public in the final price of the project. #566 AB 1052 - Dunlap Defines alternative schools, declares purpose and authorizes governing board to establish, specifies maximum daily attendance, and requir es that support be at the same level as other educational programs for children of the same age level operated by the district. The bill becomes effective on January 1. 1975. EASON I am returning without my signature Assembly Bill No. 1052 OR VETO: entitled, "An act to add and repeal Article 2.3 (commencing with Section 5811) to Chapter 5 of Division 6 of the Education Code, relating to alternative schools." This bill would define alternative schools, declare the pur- poses thereof, and would authorize the governing board of any school district to establish and maintain such schools. I have just signed AB 27, which provides for a permissive Education Code. Because AB 1052 would place requirements and restrictions on local school districts which are not in compliance with AB 27, I am returning this bill unsigned. AB 1091 (Sieroty) Requires the Department of Health to determine hepatitis risk areas and hepatitis risk area buffer zones by regulation according to specified criteria and not to issue or renew licenses to blood banks in these areas. Provides that the act does not apply to a blood bank located on the premises of a general acute care hospital if the persons donating blood to such blood bank do not receive payment, as defined, for the blood donation. REASON FOR I am returning without my signature Assembly Bill No. 1091 ETO: entitled, "An act to add. Section 1603.4 to the Health and Safety Code, relating to blood." This bill requires the Department of Health to issue regula- tions which define hepatitis risk areas and hepatitis risk area buffer zones geographically, and to not issue or renew licenses to blood banks in these areas. This would require the development of objective criteria about which knowledge is limited and fragmentary. Establish- ing buffer zones of blood exclusion with any degree of confi- dence would be impossible because of varying regional condi- tions and conflicting informed opinion. Further, even if meaningful criteria were developed, there is a question whether geographic restrictions would have any material effect because of the mobility of donors. AB 1192 @ Thurman Is enabling legislation to extend minimum producer price control to manufacturing milk. A producer referendum is required to place the plan in effect. The bill becomes effective on January 1, 1975. EASON FOR I am returning without my signature Assembly Bill No. 1192 ETO: entitled, "An act to amend Sections 62048, 62241, 62243, 62414, 62416, and 62489 of, to add Sections 32508.5, 32509.5, 61809.3, and 61809.7 to, and to add Article 16 (commencing with Section 62271) to Chapter 2 of Part 3 of Division 21 Of, the Food and Agricultural Code, relating to milk, and making an appropriation therefor". This bill would require the remaining Class 2 dairy products which may now be made from either manufacturing or market milk to be made exclusively from market milk. This requirement would unduly restrict the available outlets for manufacturing milk producers and would place processing plants specializing in these products in an unnecessary adverse economic position. This would tend to increase the price of the product and would not be in the consumers' best interests. -7- #566 AB 1314 (I.. Greene) Deletes the monetary fine imposed for failure of school employees to report assault by pupils against other employees. Requires districts with more than 1501 ADA to dis- seminate rules and regulations relative to procedures for identification, reporting and controlling trespass violence and other disruption on school grounds and at school-sponsored functions. Permits school districts with less than 1501 ADA to disseminate such rules. Transfers the authority relative to closure of a school because of violence or disruption from the local Board of Education to the school principal unless the school Board exempts the district from this act by resolution. Continues ADA payment and employee salaries during the period of closure. Provides for paid release time for employees testify- ing in proceedings or hearings resulting from dis- ruptive activities. Appropriates $60,000 for additional costs which may be incurred by local school districts pursuant to this act. EASON FOR VETO: I am returning without my signature Assembly Bill No. 1314 entitled, "An act to amend Section 12916.1, 12916.2, and 12916.3 to, the Educa- tion Code, relating to schools, and making an appropriation therefor." This bill makes numerous changes to the laws governing the closure of schools if violence or disruptions occur. It would, among other things, delete from the statutes, the monetary fine for failure of school employees to report assaults by pupils against other employees and would transfer the authority to determine the closure of a school because of violence or other disruption from the local school board to the school principal. I cannot approve any measure which would encourage noncompliance with the statutes requiring that assaults on school employees be reported or which would transfer the authority from the local school board to the school principal who has no accountability to the voters. AB 1322 - Ralph Deletes the 5-year limit in which horseracing associa- tions pay reduced license fee in specified circum- stances. Revises Horseracing Law with respect to distribution of license fees, purses and commissions as applied to specified horseracing association. The bill becomes effective on January 1, 1975. REASON FOR VETO: I am returning without my signature Assembly Bill No. 1322 entitled, "An act to amend Section 19614 of the Business and Professions Code, relating to horseracing". This measure would revise the statutory horseracing parimutuel license fee rate for racing associations which generate total parimutuel pools not in excess of $25 million. In 1970, a comprehensive horseracing bill was enacted which revised the parimutuel license fee schedule. That bill involved extensive n egotiations with various segments of the horseracing industry to ensure fairness to the taxpayer, the betting public, and the industry. AB 1322 would benefit a small number of racing meets at a cost to the General Fund in 1975-76 of nearly one-half million dollars. I am not aware of any compelling evidence to support the change in the license fee schedule proposed by this bill. # # # # # Walthall -8- OFFICE OF GOVERNOR RONALD AGAN REI SE: Immediate Sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #567 Governor Ronald Reagan today vetoed the following bills: AB 1609 - Sieroty Enacts "California Right to Financial Privacy Act." Provides that no officer, employee, or agent of a state or local agency, as defined, or department thereof, may request or obtain from a financial institution, as defined, copies or information on any customer except in specified circumstances. Limits use of financial records authorized to be received. Makes violation a misdemeanor. Authorizes injunctive relief. Authorizes reasonable attorney's fees upon successful action. The bill becomes effective on January 1, 1975. REASON FOR VETO: I am returning without my signature Assembly Bill No. 1609 entitled, "An act to amend Sections 10145 and 10146 of the Business and Pro- fessions Code, to amend Section 25606 of the Corporations Code, and to repeal Section 1917 of the Financial Code, and to amend Sections 12537 and 12586 of, and add Chapter 20 (commencing with Section 7460) to Division 7 of Title 1 of the Government Code, to add Sections 904 and 1703 to the Insurance Code, and to amend Section 11703 of the Vehicle Code, relating to financial records.' This bill would enact the "California Right to Financial Privacy Act" and would provide that no officer, employee, or agent of a state or local agency, as defined, or department thereof, may request or obtain information from a financial institution except in specified circum- stances. It also would limit use of financial records authorized to be received. While I believe strongly in the principle of the right of an individual to privacy in his financial affairs and agree with the intent of this bill, I also believe that the right of privacy must be balanced against the right of the public to have their savings and investments protected. This protection can only be effective if the various agencies of govern- ment can have speedy access to records of financial institutions. The restrictions imposed by the bill on the use of administrative subpoenas will severly impede investigations and reduce the effectiveness of the various agencies charged with the responsibility of assuring that persons or organizations in fiduciary positions do not violate their trust. AB 1618 - Wood Deletes PERS optional settlement one and provides for payment to beneficiaries of amount of accumulated contributions in excess of total benefits paid up to the time of death of a member or certain surviving beneficiaries. The bill appropriates $1,350,000 to the State Con- troller for allocation and disbursement to local agencies for costs incurred by them pursuant to this act. The bill becomes effective on January 1, 1975. REASON I am returning without my signature Assembly Bill No. 1618 FOR VETO: entitled, "An act to add Sections 20750.02 and 21265 to, and to repeal Sections 21332 and 21332.5 of, the Government Code, relating to the Public Employees' Retirement System, and making an appropriation therefor." This bill would eliminate Optional Settlement One for retired public employees and would vest in the retired employee's estate an amount equal to his lifetime contributions less amounts he and his principal survivor received. While this concept may have merit, this benefit was not consid- ered as a top priority item by state employees in developing the recently approved Total Compensation Act. Perhaps a future benefits proposal will encompass this benefit improvement. Approval of this measure would result in the expenditure of funds in excess of those allocated for employee benefits in the current fiscal year. -1- #567 AB 1682 - McAlister Provides that for purposes of sabattical rights, librarians of the California State University and Colleges shall be deemed academic employees. Appropriates $55,000 to the Trustees of the California State University and Colleges for the costs incurred by them pursuant to this act. The bill becomes effective on January 1, 1975. REASON I am returning without my signature Assembly Bill No. 1682 entitled, 'OR VETO: "An act to add Section 24209. 6 to the Education Code, relating to the California State University and Colleges, making an appropriation therefor". The bill provides. that for purposes of sabbatical rights, librarians of the California State University and Colleges shall be deemed academic employees. The bill also appropriates $55, 000 to the Trustees of the California State University and Colleges for the costs incurred by them pursuant to this act. It has been the policy of this Administration that sabbatical leaves should be permitted only for those faculty members whose primary function is teaching. This policy is based on the reasoning that faculty members are expected to have a thorough understanding of the most recent and innovative developments in their academic field of interest as well as an understanding of basic concepts and theories. Although a librarian is considered an academic employee and is expected to keep abreast of new technology in his field, the extent to which he achieves this does not have nearly as much impact on the instructional process as it does for a faculty person who has daily and direct contact with students. AB 1719 - Wilson Requires an employer to give specified notice to an injured employee or dependents that they may be entitled to workmen's compensation benefits when the employer obtains knowledge of employee's injury or of assertion of claim of injury. The bill requires the Administrative Director of the Division of Industrial Accidents, with respect to all injuries, to prescribe rules and regulations requiring an employer to give specified notice. The bill becomes effective on January 1, 1975. REASON I am returning without my signature Assembly Bill No. 1719 FOR VETO: entitled, "An act to amend Section 5402 of, and to add Section 138.3 to, the Labor Code, relating to workmen's compensation". This bill would create a responsibility upon an employer to advise an employee that he may be entitled to workmen's compensation benefits. This request would, in part, duplicate the requirements of Labor Code Section 138.4 pertaining to injuries involving loss of time. There are approximately 1,000,000 industrial injuries per year in which the employer would be required to give this notice. Many of these injuries and others which are never reported require little more than minor First aid. This bill would place an unreasonable burden on the employer without any corresponding benefit to the employee. AB 1775 - Dixon Adds provisions providing for employer-employee relations between school districts with an a.d.a. in excess of 400,000 and their classified employees. Prescribes rights, powers, and duties of classified employees, employee organizations, public school employers, and personnel commissions. Provides for determination of appropriate employee representation units, majority representation, certi- fication and decertification, scope of representation meeting and conferring in good faith, resolution of impasse, and implementing rules. REASON FOR VETO OF AB 1775: 67 I am returning without my signature Assembly Bill No. 1775 entitled, "An act to add Article 5.5 (commencing with Section 13760) to Chapter 3 of Division 10 of the Education Code, relating to public school employer-employee relations. This bill would establish the Los Angeles Personnel Commission as the negotiating board with respect to classified employees of the Los Angeles Unified School District. I am vetoing this bill at the request of the Los Angeles City Board of Education. The Board is in support of the existing statutory procedures, which apply statewide, and believes this bill will substantially diminish the authority of the Board in the area of employee compensation negotiations. AB 1923 (Dunlap) Reduces matching requirement for smaller cities to obtain State funds for airport development. REASON I am returning without my signature Assembly Bill No. 1923 FOR VETO: entitled, "An act to amend Section 21684 of the Public Utilities Code, relating to aviation." This bill would reduce matching requirements for smaller cities to obtain State funds for airport development. The original intent of the $5,000 annual payment to cities owning airports was to provide "seed money" to encourage airport development. I am not aware of any hardship relative to the cities' capacity to match these funds. AB 1955 - Berman Requires mandatory reinstatement of a probationary state college employee upon receipt of a favorable court judgment, regardless of a possible appeal. The changes made by this bill become effective January 1, 1975. REASON I am returning without my signature Assembly Bill No. 1955 FOR VETO: entitled, "An act to add Sections 24303.5 and 24310.5 to the Education Code, relating to the California State University and Colleges. Assembly Bill 1955 would require immediate reinstatement of any probationary academic employee of, and any employee of, a State University or College who receives a court judgment in his favor, regardless of whether or not an appeal is taken from such judgment, to his position in the State University or College. I cannot approve this measure because there are safeguards in current law which are more than adequate to handle problems of this nature. Currently, rules of the Trustees are reviewable under Code of Civil Procedure Section 1094.5, which permits the court to order the reinstatement of an employee regardless of pending appeal. This bill would eliminate this discretion and make reinstatement mandatory. This would make an undesir- able exception to the general rule in the case of a state college probationer. AB 2034 (Wilson) Increases, under specific circumstances, the maximum payment in which the state will participate for children receiving foster care under the Aid to Families with Dependent Children (AFDC) program. The bill adds a cost-of-living escalator to such maximum. REASON FOR I am returning without my signature Assembly Bill No. 2034 VETO: entitled, "An act to amend Section 11450 of, and to add Section 11452.3 to the Welfare and Institutions Code, relating to public social services, and declaring the urgency thereof, to take effect immediately." Reason for veto continued on next page. REASON FOR VETO OF AB 2034 ONTINUED: #567 This bill would increase the state's financial participation base for foster care expenditures under the Aid to the Families with Dependent Children (AFDC) program. However, the increased state participation is made available to counties only if certain requirements are met. Making state financial participation contingent upon the require- ments provided by this bill changes the nature of the current program. Until now the state had shared in the costs of foster care under an approach which has allowed the county to shape the foster care program to best meet local needs. There is little justification for changing this system SO that some additional state funding can be provided only if rate increases are granted during specific time frames and distributed in a prescribed ratio between foster homes and institutions. Finally, in my opinion, the cost-of-living change is an element that should be considered when counties negotiate rates to be paid for foster care. Instead this bill applies the cost-of-living adjustment to the factor that governs the state share of expenditures. Thus, the state's share is subject to increase or decrease without regard to whether or not the counties foster care rate has undergone any adjustment. AB 2292 - Sieroty Requires the Adult Authority, upon denial of parole to a prisoner, to provide a written notice of evidence specifying the reasons for denial. The changes made by this bill become effective January 1, 1975. REASON I am returning without my signature Assembly Bill No. 2292 entitled, FOR "An act to add Section 3042.7 to the Penal Code, relating to parole.' VETO: This bill would require the Adult Authority, within 20 days of denying parole to a prisoner, to prepare a written statement of evidence relied upon and all reasons for denying parole. A recent United States Supreme Court decision, In Re Sturm, imposed the requirement that inmates be furnished in writing the reasons for denial of parole. The Adult Authority has implemented this decision. However, Assembly Bill 2292 goes considerably beyond the requirements imposed by the court in that it requires the Adult Authority's report to include reference to the evidence upon which the decision is based, and requires the report to be filed within 20 days. A violation of this new procedural requirement could allow dangerous criminals to be released from prison if the Adult Authority were unable within 20 days to furnish in writing all reasons for denying parole. I believe such a possibility is not in the best interests of the people of California. AB 2327 - Wood Provides that the value of housing and utilities provided to AFDC children living with a nonneedy relative caretaker will not be considered income or resources to such children unless the caretaker declares them to be a voluntary contribution. Appropriates $586,750 to the State Controller for allocation and disbursement to local agencies for costs incurred by them pursuant to this act from January to July 1975. REASON I am returning without my signature Assembly Bill No. 2327 entitled, FOR "An act to add Section 11261 to the Welfare and Institutions Code, VETO: relating to public social services, and making an appropriation therefor.' This bill eliminates consideration of the value of any item of need supplied by a nonneedy relative caretaker in determining income or resources for purposes of AFDC unless he declares them in writing as a voluntary contribution. The provisions of this bill are unnecessary. The Department of Benefit Payments is currently preparing instructions for the counties which provide that only the voluntary contributions made by nonneedy rela- tives will be counted as income or resources. -4- #567 AB 2415 - McCarthy Expands the coverage of the "Rumford Act" to prohibit discrimination on the basis of sex in publicly assisted housing accommodations. The bill also makes the California Fair Employment Practice Act applicable to discrimination because of marital status. The bill becomes effective on January 1, 1975. REASON FOR VETO: I am returning without my signature Assembly Bill No. 2415 entitled, "An act to amend Sections 35720 and 35730. 5 of, and to add Section 35742. 5 to, the Health and Safety Code, and to amend Sections 1411, 1412, 1419, 1420, and 1432 of the Labor Code, relating to discrimination". This bill would expand the coverage of the "Rumford Act" to prohibit liscrimination on the basis of sex in publicly assisted housing accommodations. I am vetoing this bill at the author's request. AB 2415 would chapter out provisions enacted in 1973 relating to employment discrimination based on physical handicap. AB 2472 (Sieroty) AB 2472 revises the State Scenic Highway Program. The bill also appropriates annually, beginning with the 1974-75 fiscal year, $1,000,000 from the General Fund for allocation to counties and cities on a matching basis for purposes of enhancing highways. REASON This bill revises the State Scenic Highways program and appro- FOR VETO: priates $1,000,000 annually from the General Fund for allocation to counties and cities on a matching basis for purposes of enhanc- ing highways. The use of General Fund resources, on a continuous basis for highway related activities, would represent an unprecedented funding source. A better approach yould be the use of funds for the Highway Users Tax Account of the Transportation Tax Fund. AB 2474--Sieroty Requires a redevelopment agency which destroys, as part of a redevelopment project, dwelling units which house persons and families of low and moderate income, to develop for rental or sale to such persons an equal number of dwelling units within the project area or within the jurisdiction of the agency. Makes other related changes. The changes made by this bill become effective January 1, 1975. REASON Under existing relocation law, a redevelopment agency responsible FOR for a public project must find equivalent housing in the general VETO: vicinity for persons displaced by a project. This bill could place an arbitrary straitjacket on the options avail- able to local government. I believe that local government can best determine on an individual basis, the location of replacement housing which will meet the needs of people involved. AB 2573--Quimby Requires the State to pay the cost of pretrial and trial proceddings resulting from indictments filed between October 6, 1972, and December 31, 1972. The bill takes effect immediately. REASON The State currently reimburses counties for court costs relating to FOR the trial of inmates accused of committing crimes while incarcerated VETO: by the Department of Corrections. However, it has been the policy of the State that local jurisdiction absorbs the cost of prosecuting and trying cases involving crimes by persons not incarcerated by the Department of Corrections. The only exemption to this policy in recent history involved a con- spiracy trial of statewide importance. However, I am not aware of any compelling reason to justify another exemption to this policy. -5- #567 AB 2586 Vasconcellos Revises provisions regarding composition of the Board of Governors of California Community Colleges to: specify a required method of such appointments; require at least one member appointed by the Governor to be an alumnus of a public community college; add two nonvoting members with right of full participation, one community college faculty member and one community college student. The bill establishes nomination procedure for the Governor's appointments to the Trustees of California State University and Colleges and the Board of Governors of the California Community Colleges. The bill also revises provision regarding the composition of the Trustees of the California State Univer- sity to: specify a required method of such appointments; add a member who is a representative of the alumni association of the state university and colleges; and add two nonvoting members with right of full participation, one state university or college faculty member and one state university or college student. The bill creates a Higher Education Advisory Committee to propose nominees for the Governor's appointments to the Board of Governors of California Community Colleges and the Trustees of the California State University and Colleges. The changes made by this bill become effective January 1, 1975. REASON FOR VETO: I am vetoing this bill at the request of the Trustees of the California State University and Colleges and the Board of Governors of the Cali- fornia Community Colleges. They contend that constituencies subject to the board's governance should not sit on the board and that the relationship to their constituencies becomes even more critical with the advent of collective bargaining. Secondly, they feel that full access by faculty and student representatives is presently provided and therefore, their membership on the board is unnecessary and inappropriate. AB 2600 Vasconcellos Creates a pilot program in drug education, with a three- year duration, to be centered in one high school and to include all the elementary and junior high schools in that high school's attendance area. Appropriates $282, 000 for expenditures in 1975-76. The changes made by this bill become effective January 1, 1975.* REASON The intent of this bill, while commendable, does not recog- FOR VETO: nize the need to coordinate the proposed school drug abuse prevention project with existing state and community programs. There is a real question as to whether or not enactment would impose an unreasonable burden upon community prevention and treatment programs in the locale of the pilot project. In addition, the bill emphasizes development of a new prototype for drug prevention. Current state priorities emphasize improved utilization and implementation of strategies and programs which have already passed the developmental state. Finally, project such as this, which are of a demonstration nature, can more appropriately be funded out of federal funds. AB 2609 (Wilson) Requires, whenever a warrant of arrest or a citation to appear has been issued pursuant to specified provisions of the Vehicle Code regarding the giving of notice with respect to the violation of any regulation governing the standing or parking of a vehicle under the Vehicle Code or any ordinance enacted by local authorities and with respect to the violation of any provision of the Vehicle Code requiring the display of any evidence of registration that the magistrate or clerk of the court give notice of the fact to the Department of Motor Vehicles. Prohibits the arrest of any person under any warrant or citation to appear issued pursuant to such specified provisions of the Vehicle Code. REASON FOR VETO OF AB 2609 ON NEXT PAGE -6- EASON FOR VETO OF AB 2609: #567 This measure would nullify a law enforcement officer's authority to arrest an individual who intentionally disregards his responsibilities and allows such parking citations to go to a warrant of arrest knowing that he cannot be arrested and consequently not be prosecuted for his acts. This would not be in the best interests of the general public. AB 2684 - Meade Requires any contract or agreement for thedisposition and sale of oil, gas, or other hydrocarbons taken in kind by the State Lands Commission pursuant to any lease which provides for cancellation by the purchaser to also provide for cancellation by the state. The bill becomes effective immediately. REA )N FOR VETO: This bill would authorize the State Lands Commission to retain crude oil taken in kind for the purposes of allocation to State agencies and to other public agencies if an emergency fuel shortage condition exists or such action will effect a substantial cost savings to the State. It would require the Department of General Services to enter into contracts with refiners to have such oil refined. It further requires any contract or agreement for the disposition and sale of oil and gas by the State Lands Commission to provide for cancella- tion by the State if the lease provides for cancellation by the pur- chaser. Assembly Bill No. 2684 will only serve to create administrative prob- lems for the State of California. It purports to establish a mechanism which would allow the State to make fuel allocations to alleviate emergency fuel shortage conditions. The provisions of this bill, however, cannot be implemented without time-consuming legal, and administrative problems. Because of these problem areas, this legislation would not help alleviate any emergency fuel shortage con- ditions that may arise. Provisions of this bill, if enacted, are actually preempted by federal control over fuel allocations. State efforts would be futile because allocations from refineries are subject to federal control. Thus, this bill's proposed mechanism would only prove to be time consuming, costly and uncontrollable. These are other negative features arising from this legislation which would result in a reduction or elimination of potential bidders for the disposition and sale of oil and gas. If potential bidders knew that contracts would provide for "easy out" cancellation by the state, they would be extremely wary because they could not be assured of a continuing and constant supply of oil for processing. This is a mandatory feature of the bill and could lead to reduced state income arising from the bidding process. AB 2686 - Berman Expands the exemption from the misdemeanor offense of exhibiting or possessing obscene matter with the intent to exhibit to any person to include one who is employed by a person licensed by any city or county acting within the scope of his employment, who has no financia interest in the place wherein he is so employed, and who has no control, directly or indirectly, over the exhibition of obscene matter. The changes made by this bill become effective January 1, 1975. REASON FOR VETO: In effect, this legislation would allow absentee owners of businesses which exhibit obscene matter to escape prosecu- tion and still be able to continue their businesses. This bill would impair the ability of law enforcement agencies to prosecute those who exhibit obscene matters. B 2696 - Quimby Requires all restaurants, as defined by the Californi Restaurant Act, except eating establishments owned and operated by a city, county, or school district or located on the premises of specified types of health facilities, whether the health facility licen- see operates the eating establishment or not, to have upon the premises a device approved by the State Department of Health that is designed and intended for use in removing food stuck in a person's throat. Requires the state department to approve devices that it determines may be used safely and effectively by laymen to remove food stuck in a person's throat. The bill becomes effective on January 1, 1975. REASON FOR VETO ON NEXT PAGE: -7- :EASON FOR VETO OF AB 2696: #567 While the intent of the bill is worthy, there is a serious question over the ability of an untrained person to properly use such an instrument. In addition, there is a substantial possibility of serious, perhaps fatal, injury to a person from the use of such an instrument improperly used; or its use when the choking symptoms are due to some other condition such as asthmatic attack, embolism or epileptic sizures. I believe that the potential for injury at the hands of an untrained person far outweighs the benefits which could accrue through the use of such a device. AB 2712 (Foran) Expands the Auto Repair Act to (1) cover persons who perform repair or diagnostic work on motor vehicles pursuant to a new or used car warranty; (2) apply to commercial vehicles as well as passenger vehicles, and (3) cover alteration and modification of vehicles as well as their repair and maintenance. REASON FOR VETO: The traditional purpose of the Auto Repair Act has been one of protecting the individual automobile owner who does not have the time or the ability to determine what is a proper automobile repair or the charge therefor. Assembly Bill No. 2712 expands the Bureau of Automotive Repair's jurisdiction beyond this traditional role by affecting the business relationships in the commercial world. No sufficient need has been demonstrated to justify this intrusion and as such would result in an additional costly governmental program expansion without proper justification. AB 2758 (Sieroty) Makes simple possession of two ounces or less of marijuana in public a misdemeanor, or possession of four ounces in a private residence a misdemeanor. REASON FOR VETO: I cannot approve any measure which weakens the social sanctions against the illicit use of marijuana or which could be interpreted as a move by the state to condone its use. Nor can I approve a measure which could permit pushers to avoid the felony charge by carrying two ounces or less, an amount amply sufficient to make well over 100 marijuana cigarettes. AB 2884 - Ingalls Revises the Air Resources Board from a half-time board to a full-time board with increased salaries. Qualifications to the board are also revised. The present board would be terminated on March 1, 1975, and would be replaced by a board with members serving four-year terms. Directs the Governor, at least 30 dayssprior to March 1. 1975, to appoint five new board members. Directs the Governor to fill any vacancy within 30 days. REASON FOR VETO: The bill would also revise the qualifications for membership on the board so that only medicine, automotive engineering, chemistry or meteorology, and environmental preservation would be represented. While I have no criticism of the specialization or skills required of the members, I am concerned about the small number of highly- specialized points of view which would be applied to such a problem of broad magnitude. I do not believe that such a full-time board, as proposed by this bill, is necessary or desirable. # # # # # # # -8- Walthall OFFICE OF GOVERNOR RONALD R GAN RELEAS Immediate Sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #568 Governor Ronald Reagan today announced that he has vetoed the following bills: AB 2959 all Foran Prohibits a subcontractor, listed as furnishing and installing carpeting, from voluntarily subletting any portion of the labor to be performed pursuant to a subcontract unless he specified the subcontractor in his bid to the prime contractor. The changes made by this bill become effective January 1, 1975. REASON FOR VETO: I can find no compelling reason to involve government in this type of business relations between subcontractors and their subcontractors. I believe that the present Subletting and Subcontracting Fair Practices Act, which was designed to prevent bid shopping and bid peddling by subcontractors, is sufficiently broad and is accomplishing its AB 2966 - Chacon Enacts the Chacon-Zenovich California Housing Finance Act providing for the creation of the California Housing Finance Corporation. The California Housing Finance Corporation is to be administered by a Board of Directors of 13 voting members including a chair- person and the Director of Finance. The members of the Board are to be appointed by the Governor. The State Treasurer, the Secretary of the Business and Transpor- tation Agency, and the President of the corporation shall serve as non-voting ex officio members of the board. Empowers the corporation to issue up to $200,000,000 of revenue bonds, exclusive of bonds issued to refund renew previously issued bonds, not secured by the taxing powers of the State. The changes made by this bill become effective January 1, 1975. RE, N FOR VETO: Though I have recognized the need for increased housing, particularly in recent legislation concerning rehabilita- tion programs by local governments, homesteading opportunities and recent changes to the Veterans Loan program, this Bill represents an inappropriate change in public policy. When state government enters the bond market, it is not creating new capital and, in this particular case, it would be assum- ing a risk traditionally underwritten by private enterprise. Admittedly, the market place and other factors have driven interest rates to unreasonable levels. This has had a negative effect on the housing industry. However, when the state enters the bond market, it experiences similar increases in interest rates. Although the state has not sold revenue bonds recently, a state agency, via a joint exercise of powers, sold revenue bonds to construct an office building last week at an interest rate of 7.6 percent. Housing Revenue Bonds are likely to experience even higher interest rates in today's market, which makes it clear this measure would not benefit those who need relief the most - low-income Californians. ДВ 2966 would create a Housing Pinance Corporation "indspen- dent of all other State agencies". This quasi-public corporation would be vested with vast powers, yet the bill precludes the traditional checks and balances by the Legislature and the Governor over the operations and activities of this corporation. Furthermore, although the corporation is intended to be independent and "self- sufficient", Section 41214 requires the Governor to include in the budget the funds necessary "to restore each specified capital reserve fund to the bond reserve fund requirement for such account". Such provision could require significant General Fund appropriations. Basically, the bill provides an excessive delegation of power, places an inappropriate burden on California's citizens to relieve big business, and, unfortunately, would not help those truly in need. #568 AB 3019 (Z'berg) Establishes an 11-member Capitol Planning Commission and directs the commission to prepare, adopt and maintain a master plan for the orderly development of state buildings, excluding the State Capitol and legislative buildings, and related features of the State Capitol complex in the City of Sacramento. The bill requires the commission implement the plan following its adoption by the Legislature. The bill further requires City of Sacramento and County of Sacramento to hold public hearing prior to submission of their comments on the plan to the commission. Appropriates $100,000 to the commission from the General Fund without regard to fiscal year to carry out its functions and for transfer to the State Controller for allocation and disbursement to the City of Sacramento and County of Sacramento for costs incurred by them pursuant to this act. REASON FOR VETO: This bill would add another unnecessary layer of government to the planning and development of the Capitol Area Plan without adding to, or increasing capabilities and mechanics which already exist within the Department of General Services. The Department of General Services has been and is carrying out this planning function as dir- ected by law and has, and is securing input from the City and County of Sacramento. The impact of this bill would have a detrimental effect on the ability to establish effective controls over the continued development of the Capitol Plan. The end result would be to split much of the authority between the Department and the Commission without adding any abilities or expertise which do not already exist within the Department of General Services. AB 3062--Holoman Designates the composition of the local agency formation commission in Los Angeles County. Under existing law, the composition of all local agency formation commissions consists of two members representing the county, two members representing the cities within the county (selected by the city selection committee), and one member from the general public. This bill would make an exception for Los Angeles County by changing the composition of the Los Angeles County local agency formation commission to one member for the City of Los Angeles, one member from at city of more than 50, 000 but not over one million population, one member from a city with less than 50, 000 population, two representatives from the county, and two public members. The changes made by this bill become effective January 1, 1975. REASON FOR VETO: The bill would give the City of Los Angeles a permanent seat on the Los Angeles County Local Agency Formation Commission. The sole justification for this measure appears to be only that the population of the City of Los Angeles predominates in Los Angeles County. I have grave concerns that such legislation would set a precedent for other cities which predominate in a county to assert that they too are entitled to permanent representation on the local agency formation commission. Such action could undermine balanced local representation on local agency for- mation commissions. AB 3068 (Mobley) Appropriates $3,997,732 from the General Fund to the Veterans Farm and Home Building Fund of 1943. REASON FOR VETO: Although statutory changes no longer permit this subvention, the subject monics were properly appropriated during the stated period and no legal obligation crists to repay the money. Int do not believe it is appropriate to supercede budgetary priorities agreed upon by the Legislature in each of the preceeding nine years. #568 AB 3119 (McAlister) Requires appointment of counsel to represent interests of minor in actions relating to adoption or foster home placement in which custody is disputed. Provides that, if any of real parties in interest is unable to afford counsel, county shall pay the proportionate share of such party for counsel. REASON FOR I agree that legal counsel should be provided in some cases, VETO: but I do not feel it should be mandated in every case. The court should be allowed to determine when legal counsel is needed. AB 3151--Dunlap Requires Director of Corrections to provide personael for preparation of specified studies and reports, and specifies qualifications and mandatory training of persons preparing such studies and reports. The changes made by this bill become effective January 1. 1975. REASON FOR This measure would restrict the constitutional authority of VETO: the State Personnel Board to determine minimum qualifications. In accordance with federal civil rights legislation, courts have held that minimum qualifications for civil service classes must have a relationship to the job itself. In the absence of any evidence to establish such "job relatedness", it is obvious that the proposed minimum qualifications could be declared illegal by a court. AB 3152 - Dunlap Requires that institutional progress reports and parole pre-release reports made to the Adult Authority be prepared or approved by a correctional counselor. The bill becomes effective on January 1, 1975. REASON FOR VETO: Although this is current administrative practice, I question the wisdom of assigning duties to particular classes by statute. Placing this type of administra- tive detail into the statutes reduces the flexibility of the Department of Corrections to deploy its resources with maximum efficiency. AB 3196 (MacDonald) Requires counties to pay expenses incurred in remonu- ment surveys. Appropriates from General Fund to the Controller amounts necessary to reimburse local agencies one- half of the amount expended each year for such purposes up to $100,000 per year per county each year for such expenses provided such governmental agency maintains an expenditure level equal to or greater than that expended for such program during the 1973-74 fiscal year. REASON FOR VETO ON NEXT PAGE -3- EASON FOR VETO OF AB 3196: #568 This bill would not place any new responsibility on the counties but reiterates what is already cristing law relative to the requirements that the counties pay necessary expenses incurred in remonument surveys. It would, however, mandate the State to reimburse counties for cost of of complying with Government Code requirements which were in effect before the enactment of SB 90 of the 1972 Session. I can find no justification for the State to assume the fund- ing of a program which has been a local responsibility for many years. 3 3200 (Thurman) Defines "common trade or business" of public agencies providing industrial, domestic or agricultural water service for purposes of workmen's compensation group policies. Increases minimum weekly compensation rate for permanent partial disability from $20 to $35 per week. Appropriates $17,000 for local mandated cost. REASON FOR The subject of this bill is presently under study by the VETO: Workmen's Compensation Advisory Committee. Purther action on proposals of this type should be deferred until the study is completed. AB Priolo Authorises the Department of Navigation and Ocean Development to prescribe the wearing of an approved personal flotation device of the size and type prescribed by the department on board any canoe, kayak, inflatable raft, paddled or oared craft, or similar vessel, whether or not such vessel is equipped with a motor, upon the finding that recreational boating on a particular body of water, or portion thereof, poses an extraordinary hazard to the safety of persons using such waters. The changes made by this bill becomes effective January 1, 1975. REASON I am vetoing this bill at the request of the River Touring FOR VETO: Sections of the Sicrra Club. The Section points out that the bill calls for lifejackets designed for use in flat water, but that no one with expertise on how lifejackets can be liability in whitewater was consulted. In addition, the Coast Guard has recognized the special requirements of this sport by exempting it for the use of approved lifejackets. In view of the serious questions which have been raised concern- ing the potential liability of wearing an approved lifejacket while river-running, and the fact that Coast Guard has granted the above exemption, I feel that mandating the waring of any lifejacket should await the development of one that is accept- able to experts in this field. AB 3244 - McCarthy Revises provisions of Education Code regarding admini- stering, and investigating and reporting violations, of specified laws which relate to employment of minors, and imposes specified limitations upon hours of employment of minors in agriculture. Establishes a system for issuance of citations for violating child labor laws, and includes provision for imposition of civil penalties in designated amounts under such citation system. The bill becomes REASON FOR VETO: effective January 1, 1975. While I do not under any circumstances condone the illegal use of child labor, I have grave concerns about adding administrative and civil enforcement penalties on top of the present criminal sanctions which appear to be adequate to protect against the illegal use of child labor. It has not been demonstrated that such administrative and civil enforce- ment penalties, that could be violative of the due process protection guaranteed all of us, would be effective in remedying any abuse of child labor. Without this protection, the administration of such a law is subject to arbitrary and capricious application. Reason for veto continued on next page. REASON FOR VETO OF AB 3244 "ONTINUED: #568 If, after additional investigation, it is determined that there is an illegal abuse of child labor and that additional criminal sanctions are needed, further legislation should be introduced to give those who are charged with the criminal enforcement of the child labor laws more efficient tools to remedy such an abuse. AB 3297 - Chappie Creates the Public Paths and Trails Account in the General Fund and transfers $3,000,000 to the account to be used for the purpose of providing grants to cities, counties, and districts for construction of bicycle, equestrian, or hiking paths for trails, or any combination thereof. Prescribes requirements for eligibility of a governmental entity to obtain any such grant. Requires that at least 85 percent of any grant received by an entity be used for acqui- sition and construction costs. Requires the Department of Parks and Recreation to determine the eligibility of an entity to receive such a grant, and to establish priorities, as specified. Requires the department to consult with the Department of Transportation re matters pertaining to the California Transportation Plan. Requires the Department of Transportation to review and approve the plan and design of paths and trails contiguous to public highways. Requires the department to establish criteria for the grant pro- grams after holding public hearings, and requires submission of the criteria to the Legislature. Requires appropriations for the grant program to be included in a section of the Budget Bill for each fiscal year, as specified. The bill becomes effective on January 1, 1975. REASON Chapter 1092, Statutes of 1972 created a "Bicycle Lane Account" in FOR VETO :the State Transportation Fund. The fund is generated from a monthly transfer of $30,000 from a tax imposed under the Motor Vehicle Fuel License Tax Law for allocation to cities and counties which is administered by the Department of Transportation. I find no reason, at this time, to establish a new program which closely parallels an existing program, nor can I agree to commit the state to a specified minimum level of expenditures in future years. I believe that future legislatures and Governors should have the opportunity to expend State General Fund monies on the basis of the needs of the people at the time. AB 3330 - Powers Amends the State Contracts Act to prohibit withholdin of final progress payments to the original contractor for work accepted and not in dispute when project work has been tentatively completed but final accep- tance has been withheld due to a dispute over the work of one or more subcontractors. The bill becomes effective on January 1, 1975. REASON The bill is not clear whether the subcontractor dispute is between the subcontractor FOR and the public agency or the prime contractor. VETO: It is not clear what constitutes "completed" for the purposes of payment under the bill as distinguished from completed for the purposes of "final acceptance" under the bill. The bill implies that a piecemeal or tentative acceptance procedure is required. At the present time, if the project is "completed", it will immediately be "accepted". It would be necessary to keep S eparate records of the value of work done by the various subcontractors and by the prime contractor so that in the instances in which the provisions of this bill are operative, payment can be made in compliance with the requirements of the bill. At the present time, the public agency in administering the contract, and determining compliance and payment, deals solely with or through the prime contractor; this bill erodes that effective current relationship and weakens contract management by the state, Existing law provides the protection sought by this bill. -5- #568 AB 3334 (Ralph) Creates the Law Enforcement Total Service (LETS) Project within the Department of Justice to develop programs, policies and techniques to allow local law enforcement to better sense community social needs and bring those needs to the attention of appropriate agencies. Ithough I support the concept of a LETS project and closer relations between law enforcement and the citizenry, I must veto this bill since it will duplicate the efforts of a project which the Peace Officers Standards and Training Commission is just beginning. .B 3347 - Papan Amends the County Employees' Retirement Law of 1937 to make the contribution rate which presently applies to males only and the method of computing the retirement allowance which currently applies to females only applicable to all members. The changes made by this bill become effective January 1, 1975. The funding provisions of the bill; namely, the rate or amount of member contributions, are not based on sound and accepted actuarial principles and assumptions which take into account the higher mortality rates for men as versus women. A sound retirement program must give equal value to both male and female retirees. This bill would seriously distort this fundamental principle sclely in order to avoid the actuarial discrimination which is inherent in this concept. This bill would also require the state to absorb some of its costs, and I cannot in good conscience approve any bill which lacks a reasonable predetermined estimate of future costs. AB 3372 " Bagley Increases the State Supplementary Program (SSP) benefit levels to reflect decreases in the state's baseline expenditure for the SSP program. The bill becomes effective on January 1, 1975. There is little justification in mandating a policy of this significance several years before the potential savings become available. Policy decisions of this type, which would involve substantial amounts of state funds, should be made in the context of the budgetary process when and if savings do occur. This permits a periodic review of the benefit structure, the needs of the program, and the establishment of priorities. AB 3400 - Fenton Deletes provisions that exclude agricultural workers from the provisions of the Unemployment Insurance Code and makes unemployment compensation insurance law applicable to agricultural labor. The bill becomes effective on January 1, 1975. This measure would provide unemployment insurance coverage for agricultural workers in California, thereby placing the state's major industry at a competitive disadvantage. California's agricultural products must compete with farm products from states which do not provide similar benefits to their agricultural work force. Representatives of my administration have urged passage of a national unemployment insurance system for farm workers. Unfortunately, the Congress has not acted. In addition, the enactment of this measure would have the effect of increasing food prices for California umers. #568 AB 3415 (McCarthy) Deletes provisions regarding special programs for mentally gifted pupils and establishes new programs for gifted individuals, as defined. Specifies content of such programs and prescribes pow- ers and duties of certain public offices with respect to such programs. Provides for program approval by Superintendent of Public Instruction. Specifies allowances for pupil participation in pro- grams and for specified amount per pupil for identi- fication. Provides for demonstration programs. Permits waiver of Education Code provisions to estab- lish appropriate learning opportunities for gifted individuals. Provides for apportionment from Section A of State School Fund of $3.73 per unit of statewide a.d.a. for expenditure for programs and increases maximum amount to be transferred from General Fund to Section A of State School Fund per unit of statewide a.d.a. This bill would replace the existing "Mentally Gifted Minors" program with a "Program for Gifted Individuals" and would increase the number of students for whom state funding would be provided from three percent to four percent of the statewide K-12 ADA. Current law provides that districts should have received $80 per gifted pupil in 1973-74. However, because of statewide enrollment in excess of the three percent limit, the apportionment was prorated and resulted in districts receiving an average of about $68 per pupil. The gifted enrollment in excess of the three percent limit is the result of vague identification guidelines and inadequate controls. In 1972-73, 49 percent of the districts operating gifted programs had identified more than three percent of their X-12 population as gifted. Twelve percent of the districts had enrolled over 10 percent of their K-12 students in gifted programs. One of these districts had identified and enrolled 43.6 percent of its K-12 population as gifted. I feel that this bill will not solve the problems of reduced allow- ances due to excessive enrollments and could result in an even greater problem. Any expansion of this program must include adequate controls and clear guidelines for enrollment of gifted students. AB 3416 - Dixon Authorizes Los Angeles Unified School District, with the cooperation of the Los Angeles Urban Project, to develop and implement a three year pilot program for examining, on a sample basis, the medical and dental health of pupils in the elementary grades of the district for purposes of determining the extent to which pupil medical-dental health affects learning ability. The bill appropriates $200,000 from General Fund to Los Angeles Unified School District for purposes of implementing the pilot program. The bill takes effect immediately. The state is already engaged in implementation of the type of health screening program proposed in AB 3416 on a statewide basis. There is no need to initiate this fragmenting approach at this time. When the present screening program becomes fully operational, answers to the type of questions raised by this proposed legislation will be available from data which will be accumulated. #568 AB 3433 (Powers) Includes within definition of "state employee" for unemployment compensation purposes, those persons exempt from civil service. Deletes requirement that for purposes of unemployment compensation a state employee must have terminated employment due to a reduction in staff. This bill would remove the requirement that a state employee, to receive unemployment benefits, must have terminated his employment as the result of a layoff or mandatory transfer by the state. It also provides unemployment benefits for exempt employees. The cost to the state of the benefits required under this bill would be $3.7 million in a year such as 1974. State employees are adequately covered under the current provisions of unemployment insurance law. The need to expand unemployment insurance benefits has not been shown. AB 3469 CED> Brown Requires under the state supplementary program for the aged, blind and disabled that an additional amount of $100 of an ineligible spouse's income and $105 of the eligible individual's income be disregard- ed in determining the eligible individual's income. Eliminates definition of the applicant's share of the community property. The bill becomes effective on January 1, 1975 This bill would require California to disregard, in addition to that required by federal law, specified amounts of income for the purpose of determining certain eligible spouse's entitlement to benefits under the State Supplementary Program. Provision of the bill would increase by up to $205 the amount of income that can be disregarded by a spouse eligible for benefits whose husband or wife is ineligible. The disregards required by this bill are in addition to those required by federal law. The combination of disregards is so substantial that the disparity between b enefits received by couples with any outside income and those who have none would be increased drastically. This runs counter to the SSI program's intent to provide a uniform standard of benefits nationwide. Finally, the proposal would increase current state costs substantially; eventually more than $37 million dollars per year. I am informed that the federal government will not administer this type of income disregard on behalf of the state. Conse- quently, the state and counties would be required to administer these provisions with the state providing the total cost of administration. Inasmuch as California already supplements federal Supplemental Security Income to a level which is among the highest in the nation, I see no current justification for this proposal. AB 3484 - McAlister Provides that those civil service positions designated by the State Personnel Board as professional education positions shall be eligible for educational leave. The changes made by this bill become effective January 1, 1975. This bill would authorize state agencies to grant "educational leaves" to non-credentialled employees who serve in professional educator positions so designated by the State Personnel Board. Current law authorizes only those civil service employees in positions requiring educational credentials to be eligible for "educational leaves". These leaves are granted to employees to attend accredited schools, colleges, and other institutions for furthering their education. It is inappropriate for such managerial and consulting positions to be provided with a special fringe benefit generally determined to be for practicing academicians when other civil service personnel with similar responsibilities are not entitled to this benefit. ######### OFFICE OF GOVERNOR Sacramento, California S 14 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #569 Four separate measures to aid crippled and autistic children and persons suffering from kidney disease and hemophilia have been signed into law by Governor Ronald Reagan. The two relating to crippled children and kidney disease take effect immediately, the other two on January 1, 1974. The crippled children measure, AB 3114 by Assemblyman Jerry Lewis (R-Redlands) calls for a study by an outside agency of the state's Crippled Children Services Program and requires the Department of Health to contract with that agency by October 1. A report, including specific recommendations, must be delivered to the department and the legislature by next March 31. An expenditure of $55,000 for the study is authorized. "It is imperative that we find out the extent that medical services required by handicapped youngsters are being received when the parents are unable to pay, " the governor said. "Also, we should determine whether additional diseases should be covered and if satellite clinical facilities are feasible for treatment of children who live in rural and remote areas of the state. " The kidney disease bill (AB 3970-Montoya) will establish separate eligibility provisions under Medi-Cal for patients who depend on dialysis treatment to continue working. Persons with resources of less than $5,000 or earning less than that amount annually will receive treatment at no personal cost, while persons above that income level will be liable for one percent of the cost for each $5,000 they earn. Said Governor Reagan: "This bill, because of the nature of the disease and its treatment, enables a group of persons in this state to remain employed while receiving treatment for their disease. The dependency they have on dialysis treatment and the catastrophic financial bills that quickly bankrupt are most compassionate considerations. Sadly, we cannot do anything about heir dependency, but I have signed the bill to prevent these courageous persons from becoming destitute." A $2 million appropriation to carry out a program for the medical care of hemophiliacs is contained in SB 2265 (Moscone). "When a parent is put in the position where his financial judgment may influence whether his child will become a dependent cripple or a useful member of society, we have a moral and legal obligation to do all we can, said Governor Reagan. "A scientific breakthrough isolating the blood clotting factor makes it possible for hemophiliacs to be rehabilitated. As in the case of kidney dialysis patients, hemophiliacs whose families have a net worth below $5,000 will pay nothing for the services and those whose worth is above that level will pay one percent for each $5,000 of net worth. I consider this a reasonable way to bring many of the state's 1,600 hemophiliacs off the welfare rolls.' Special education programs for autistic children, with a $50,000 General Fund appropriation for the first year of supervision and consultation, are provided in AB 3854 (Burton). "Parents of children afflicted with autism have an inordinate burden to bear, said the governor. "This bill, I am happy to say, will give autistic children the same educational opportunities other handicapped children have had in California. There is increasing evidence that autistic hildren will benefit dramatically from special education taught by special teachers. " ##### McKelvey OFFICE OF GOVERNOR ..ONALD REAGAN RELE, CE: Immediate Sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #570 Governor Ronald Reagan today announced that, to assure a balanced budget, he has vetoed more than $302 million in spending proposals sent to him last month by the California legislature. In making his reductions, the governor noted that the legislature passed 1, 184 bills during the closing days of the regular session last month. This was twice as many bills as he received in the previous eight months. "Obviously many of these bills, containing substantial expenditures of the taxpayers funds, did not have the careful consideration needed to be sure that they were necessary, " the governor said. "As I near the end of my two terms in office, I am proud of the fact that this administration has reestablished fiscal responsibility in California's state government. In a time of high inflation, when the citizens' purchasing power is reduced, it is essential that government act responsibly. "The state now has a balanced budget and a reasonable surplus. Had I signed any substantial number of the bills I have just vetoed that surplus would have been dissipated and a tax increase in the near future would have been a certainty. "If the next administration exercises the same policy of fiscal responsibility, the state's General Fund surplus will exceed $200 million next June 30. In addition to this, there will be another $200 million in federal revenue sharing. This represents the last of five annual payments from the federal government. The first four payments during my administration were used almost exclusively. for the support of local schools, permitting substantial relief to property taxpayers. "During my almost eight years in office, I have vetoed or reduced spending proposals by more than $2 billion. Many of these proposals were for unnecessary programs which would have continued and grown each year. It is no exaggeration to state that, without these reductions, the state budget today would exceed $15 billion and every California taxpayer would be paying a higher rate of taxes, = the governor concluded. ##### Walthall OFFICE OF GOVERNOR RONALD REAGAN RELEASE: Immediate Sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #571 Governor Ronald Reagan has signed legislation earmarking funds for state and local park projects, mountain and beach land acquisitions and trails. The total amount to be spent is nearly $125.5 million, of which more than $97 million was authorized by the voters in June when they approved Proposition 1 at the primary election. Largest of the expenditures are contained in AB 3438 (Z'berg) and SB 907 (Collier), each of which exceed $41 million. The Z'berg bill grants monies from the state Beach, Park, Recreational and Historical Facilities Fund created by Proposition 1 to cities and counties for 298 local projects. Collier's bill appropriates from the same fund monies for the acquisition of 33 projects in the state park system. Other individual projects to be financed from the Proposition 1- created fund include: --$1 million for an addition to Morro Bay State Park in San Luis Obispo County (AB 2499 - Nimmo, R-Bakersfield). --$2.5 million for the acquisition of Los Liones Canyon and other lands adjacent to the existing Topanga Canyon State Park in the Santa Monica mountains (AB 2920-Priolo, R-Los Angeles). --$3,651,800 for the development of Bolsa Chica State Beach and Cowell Redwood State Park (AB 3123-Beverly, R-Manhattan Beach). --$7.6 million for the acquisition of lands between Newport Beach and Laguna Beach for the state park system (AB 3477-Badham, R-Newport Beach). Excess revenues from offshore oil lands, transferred earlier this year by Assemblyman William Bagley (R-San Rafael) into a conservation fund, will provide $27,850,000 for 25 land purchases for the state park system under AB 3401 (Priolo). The acquisition, a network of riding, hiking and bicycle trails connecting six state parks and a state beach in the counties of Santa Cruz, Santa Clara and San Mateo is provided for in AB 3893 (Murphy, 4-Santa Cruz) with an appropriation of $600,000. This bill implements a bill passed earlier this year, SB 420 by Collier, setting up hostels and trails. - 1 - #571 "This is a very large sum of money, " Governor Reagan said, "but it creates something that is very much in the public interest. We are taking a big step here toward providing additional parks and recreational facilities for the use and enjoyment of Californians throughout the state. The projects have been carefully selected and new and better leisure-time facilities will benefit great numbers of Californians." ###### McKelvey - 2 - FFICE OF GOVERNOR RONALD P GAN RELEASE Immediate acramento, California 958_4 lyde Walthall, Press Secretary 16-445-4571 9-27-74 #572 overnor Ronald Reagan today announced that he has vetoed the following bills: AB 3508 (Foran) Eliminates the AFDC community work experience program. Bill becomes effective January 1, 1975. EASON The bill would have stopped a key portion of the employables "OR VETO: program in the last six months of the test--at the very time when complete data would become available to measure its value. The result would be a complete waste of the time and money spent on this significant program. I have no hesitation in vetoing this bill. It reached my desk with a vote that was split largely along party lines, indicating the partisan nature of this attempt to undercut a vital part of our welfare reform program. I am further confounded by the spectacle of Democrat legis- lators voting en bloc to kill a program which has helped, and is helping thousands of welfare recipients work their way off the rolls. The allegation has been made that, because only a few recipients end up in public service jobs, the program is a failure. The exact opposite is true. The public service jobs are a last resort. In those counties having a CWEP program, thousands of welfare recipients are being placed in jobs before they ever have to go into public service. If this program was not working, the public service job rolls would swell and, presumably, CWEP would be declared by its critics to be a resounding success. When this effort began in 1971, welfare costs and welfare rolls were rising at an alarming rate. We were increasing at the rate of 40,000 recipients a month. If we had just leveled off, it would have been a tremendous savings. But we did much better than that. In the past three years, we have seen a complete turnaround. Welfare rolls have steadily decreased and overall savings of more than $1 billion have been achieved in federal, state or county costs. In the same period we have seen a drop of 357,000 recipients of Aid to Families with Dependent Children, which is the category directly affected by this program. At the same time we are paying the highest grants in the nation to the truly needy. Three years ago we were managing to find jobs for about 15,000 recipients a year. Last year we placed 75,000 in regular jobs through the Employment Development Department. This Community Work Experience Program is only a small part of welfare reform, but I believe it plays a vital role. It tests the concept that an employable person will try harder to find a job rather than seek welfare if the welfare pay- ment is tied to work experience assignments. It is also demonstrating that welfare recipients find jobs faster if they get some work experience. Furthermore, local government officials have praised the value of this program. It also is clear that useful public work that would not otherwise be done has been accomplished by participants in local work experience programs. On the face of it, this is a reasonable proposition which has every right to be tested and already has produced results that indicate that the test should continue. To cut it off now, at the eleventh hour, when final evaluation is about to start, makes no sense. -1- #572 AB 3523 (Lockyer) Prohibits takeoffs and landings on runways when certain types of overwater approaches are available except in emergencies or other extraordinary circum- stances in accordance with regulations to be established by the Department designed to assure the safety and welfare of persons residing in the vicinity of the airport. (Oakland airport) REASON FOR In the opinion of Legislative Counsel this bill, if enacted, VETO: would be unconstitutional because federal law has already preempted this area of aviation. AB 3553 (Wakefield) Requires the state or any person or political sub- division proposing to construct a new airport to submit the proposal to the board of supervisors of of the principal county, as defined, within the affected area, as defined. Requires the board of supervisors of the principal county to conduct an election within the affected area, on such proposed construction, and prohibits commencement of any construction until the proposal is first approved by a majority of the voters voting on the proposition. Requires such election to be held at the first general election following 90 days after receipt of the pro- posal by the principal county's board of supervisors, and permits the principal county to apportion the costs of the election among all counties in the affected area on the basis of each county's population included within the affected area. Limits the applicability of this act to the proposed Chino Hills Airport. REASON The bill would give to those living in the vicinity of a pro- FOR VETO: posed airport the authority to veto construction of the airport. The approach mandated by AB 3553 ignores existing approval pro- cesses which, though giving great weight to the environmental concerns of local citizens, also considers the economic and social factors involved, together with the public good of the entire area and indeed the state itself. As such, the bill appears inconsistent with the transportation planning processes embodied by existing laws, including those providing for the forthcoming regional transportation plans and the California Transportation Plan. AB 3535 - Arnett Establishes a newly prescribed base-year amount of each county's share toward the cost of care and administration of the Medi-Cal program. Subsequent funding would be determined beginning with the 1974-75 fiscal year by the most recent annual percentage of increase in civilian population for each county, consistent with estimates prepared by the Population Research Unit of the Department of Finance. The changes made by this bill bedome effective January 1, 1975. REASON This bill would reduce the 1974-75 county share of funding for the FOR Medical Assistance Program (Medi-Cal) from $285.4 million to $271.8 VETO: million, a reduction of $13.6 million. It would also adjust future year's county shares based on changes in each county's civilian population rather than the current method of adjusting the county shares based on the changes in assessed valuation. The proposed reduction is not fiscally sound because it represents a direct violation of the concepts of SB 90 (1972) as they relate to the shift of costs between counties and the state. Veto message continued on next page /ETO MESSAGE FOR AB 3535 cr 'INUED: #572 The state and the counties share a responsibility for the cost of the Medi-Cal program. Yet, the state's suggestion for equity was not included in the proposed legislation. The state proposed that the counties have a percentage share of the total Medi-Cal program and that each county's share be based upon its population in relation to the statewide population. In this manner I feel the county share would be equitable. There is no question but that counties, like the state, are experiencing soaring health care costs. Some new state- county cost sharing formula must be found. Shifting $13.6 million to the state in this fiscal year, and an estimated $91 million to the state by fiscal 1979, does not solve the equity question and would place an unfair burden on statewide taxpayers. There also is no provision in this legislation to reduce county property tax rates from savings proposed by rebate to taxpayers of monies that would be saved from this bill. Currently the county share is tied to its ability to pay through an assessed valuation formula which guarantees no tax increase to any county due to its Medi-Cal share AB 3569 (Z'berg) Would abolish the Department of Conservation, create a separate Department of Forestry to assume the functions of the current Division of Forestry, and assign the other divisions of the Department of Con- servation with their boards to the Resources Agency. REASON Although I am sympathetic with the desire to establish a separate FOR Department of Forestry, I believe this bill creates other problems VETO: in attempting to deal with this objective. The bill would make a fundamental change in the purpose and function of the Resources Agency. The Resources Agency was created to coor- dinate related units and exercise general supervision over them, but the day to day control of them was deliberstely assigned to their top executives. It is unfeasible to assign six units from the Department of Conservation directly to the Resources Agency and give the Agency Secretary the responsibilities of a director of their operations. Another area of concern is the problem of fragmented responcibilitios within the department. Difficulties in the Department of Conserva- tion were experienced earlier this year because of overlapping and potentially conflicting authorities between the department director, the State Forester, and the Board of Perestry. These difficulties were the original reason for this bill, but 16 fails in See Times form to deal adecuately with the causes of the problems. 3 statute deputy director should not be given authority independent of that granted to the director. Assembly Bill 3569 would violate this principle and could lead to an exacerbation of past problems. AB 3593 - Arnett Reduces the maximum class size for summer school educationally handicapped (autistic) programs from 12 to 8. A new class allowance is provided for these classes. This bill also increases the amount of tuition available to parents for the same classes and revises the method of determining local tax contribution for such tuition to conform to provisions of AB 1267 (Chapter 208/73). The changes made by this bill become effective January 1, 1975. REASON I am vetoing this bill because I have approved Assembly FOR VETO: Bill No. 3854 which is a much broader bill. AB 3854 provides almost $7,000,000 additional state funds for autistic children programs and also provides funds to the Department of Education to develop special education programs for autistic pupils. #572 AB 3611--Burke Creates the Public Beach Fund and the Public Beach Fund Finance Committee and -specifies the committee's membership. Permits expenditure of money in the fund only pursuant to appropriation by the Legislature in a section of the annual Budget Bill bearing a specified caption. Requires the transfer of $3, 000, 000 each fiscal year of certain revenues, moneys, and remittances received by the State Lands Commission to the fund. Permits cities and counties to apply for funds on behalf of special districts and regional goverments maintaining beach areas in their jurisdictions. It also requires the transfer of $80,000,000 for the 1974-75 fiscal year, and each fiscal year thereafter, of such revenues, moneys, and remittances received in excess of specified distributions. Provides that the balance shall be transferred to the General Fund. The changes made by this bill become effective January 1, 1975. REASON This bill would create a $3 million Public Beach Fund that FOR VETO: would provide state reimbursements for "excess cost" to cities, counties, special districts and regional governments that administer public beaches. The "excess costs" are those costs which the local entities allegedly incur because of nonresidents who utilize the local facilities. I believe that this type of legislation would establish an extremely dangerous precedent that would require state tax- payers to assist any local entity that has a recreational or tourist facility that attracts nonresidents to the area. AB 3620 - Arnett Requires specified reports to be filed with the Department of Health by physicians concerning injury to specified persons who are injured while on premises of specified employers, but are not employees of such employers, or are injured as a result of explosion or other accident if they are not on employer's premises. The bill becomes effective on January 1, 1975. REASON This bill is not necessary. Current statutes require the sub- FOR mission of similar reports covering employees to the Department VETO: of Industrial Relations. There is no compelling reason for the gathering of such statistics which would place an additional burden on doctors who are already required to report injuries of employees. AB 3635 (Lanterman) Changes the composition of the local advisory board of the community mental health service, authorizes counties with less than 100,000 population to only have a 10-member advisory board; authorizes such board to have its own staff and budget reimbursable under the Short-Doyle formula, authorizes advisory subboards in counties with a population of 100,000 or more, requires the local advisory board to review the county Short-Doyle plan and specifies the conten of the board's annual report to the governing body. Provides that in counties having an independent alco holism advisory board, such board has responsibility to review and approve procedures. REASON This bill would authorize the local Mental Health Advisory FOR VETO: Board to have its own staff and budget, reimbursable under the Short-Doyle program. Staff may be provided by the community mental health services except in counties with a population of 1,000,000 or more, where other methods may be used. There is no fiscal appropriation for this bill, and it has been estimated that implementation would require a minimum of $1.6 million of Short-Doyle funds, to be squeezed out of the existing Short-Doyle allocation. Passage would divert money ordinarily used for treatment and, thereby, do unwarranted harm to local mental health services. #572 AB 3666--Dunlap Provides that rules, regulations, or similar procedures adopted by a public agency regarding submission of employer- employee disputes or grievances to compulsory and binding arbitration shall be donsidered arbitration agreements for purposes of Code of Civil Procedure provisions regarding arbitration. The changes made by this bill become effective January 1, 1975. REASON ]. am vetoing this bill at the request of the County Supervisors FOR VETO: Association and the League of California Cities. It is their contention, and I agree, that many of the provisions in this bill are inconsistent with local government policy in the area of employer-employee relations and would interfere with meaningful attempts by local government to "meet and confer" with their employees. AB 3671 - Deddeh Revises schedule of high quarter base period wages required to qualify for unemployment compensation from current increment amounts to $25 increments in wages for each $1 increase in weekly benefits, with $90 weekly benefit amount payable with $2,125, rather than $2,748 high quarter base period wages. The bill appropriates $242,550 to State Controller for allocation and disbursement to local agencies for cost incurred by them pursuant to this act. The bill becomes effective January 1, 1975. REASON This bill would increase weekly unemployment benefits for about FOR VETO: 65 percent of all claimants by from $1 to as much a S $20 a week, by providing uniform $25 step increments for each $1 increase in the weekly benefit schedule. AB 3671 would result in at least $53 million annually in increased benefits, depleting the Unemployment Fund in a year like 1974 by at least $45 million. This proposed increase in unemployment benefits is made only one year following a 20 percent increase in the maximum weekly benefit award. To place the Unemployment Fund in a deficit situation at this time would be unwise. AB 3693 - Foran Requires that the State Personnel Board provide cash compensation at a rate on one and one-half times the regular rate of pay or compensating time off at a rate of one and one-half hours of time off for each hour of overtime worked. The changes made by this bill become effective January 1, 1975. REASON Employees of the State of California are covered under the FOR VETO: Federal Fair Labor Standards Act. The effect of this bill would be to require the state to pay premium overtime compen- sation to certain management level employees now exempt from the overtime provisions of federal law. I do not believe the state should be required to exceed the costly and generous practices required under the federal act. It is not possible to determine the costs involved in this bill and I do not believe as a matter of principle that it is proper to sign into law legislation whose fiscal impact on the state and its citizen taxpayers cannot be determined. ..B 3696 (Z'berg) Provides that the normal workweek of all employees, rather than only permanent employees, in fire suppression classes of the Division of Forestry shall not exceed 60, rather than 84, hours a week. REASON The present work week of the Division of Forestry's fire suppression FOR classes is 84 hours. The 1974 amendments to the Federal Fair Labor VETO: Standards Act will reduce this work week to 60 hours effective January 1, 1975. Prior to January 1, theSecretary of Labor will adopt regulations concerning the application of the 60 hour work week to those fire departments which use duty periods of 24 hours or more. These regulations could allow the exclusion of regularly scheduled sleeping periods and bona fide meal periods from consideration as "hours of work" for employees having duty periods of 24 hours or more. Exclusion of these work hours would considerably decrease the fiscal impact of the 60 hour work week on state and local government. REASON FOR VETO OF AB 3696 ONTINUED: #572 AB 3696 provides a 60 hour work week but does not provide for exclusion of sleeping and eating periods should the Secretary of Labor allow the exclusion under the federal law. AB 3707 - Lockyer Provides that the State shall grant to any permanent civil service employee a leave of absence without pay for purposes of pregnancy, childbirth or the recovery therefrom for a period determined by such employee, not to exceed one year. The bill becomes effective on January 1, 1975. REASON While there is merit in the concept of a nondiscretionary FOR leave of absence without pay for purposes of pregnancy, child- VE birth or recovery therefrom, I believe the leave provisions of this bill are excessive. Mandating an employer to grant a leave up to one year in duration could result in significant operational problems. I have recently signed Assembly Bill No. 3905 which requires the appointing power to grant a 60-day leave of absence for pregnancy, miscarriage, childbirth and recovery therefrom and the option of extending the leave to one year if conditions permit. AB 3743 - Arnett Provides an exemption, under specified conditions, for rerefined or reclaimed lubricating oil from the labeling requirement of having the words "made from used oil" placed on the rerefined oil. The bill provides for a procedure of certification by the Department of Food and Agriculture to permit the sale of such exempted rerefined petroleum and the procedure for revocation by the department of such certificates. The bill becomes effective immediately. REASON This bill would provide an exemption, under specified conditions, FOR for rerofined or reclaimed lubricating oil from the labeling VETO: requirement of having the words "made from used oil" placed on the rerefined oil container. It would also provide for a procedure for certification by the Department of Food and Agri- culture to permit the sale of such exempted rerefined petroleum and a procedure for revocation by the department of such certifi- cates. I am vetoing the bill at the request of the author because it conflicts with SB 2417 and would chapter out its desired provisions. AB 3791 (Gonsalves) Authorizes school districts which have entered into inter-district agreements for conducting certain special education programs to continue to maintain such programs, and exempts such districts from a specified county tax for such programs. REASON I am vetoing this bill at the request of the Department of Education. It FOR is the Department's position that it is especially important in the area VETO: of the special education of handicapped children that school districts and county school offices achieve a high degree of cooperation to ensure coordination of program opportunities for these children. The present law which requires the approval of the county superintendent of schools before small school districts may establish their own programs encourages this coordination which should be continued. In addition, the exemption of small school districts from the county-wide tax may jeopardize the ability of the county to provide programs for the handicapped from the rest of the county. I share the Department's view in this matter. AB 3793 (Gonsalves) Requires a county milk commission to hold its public hearings in public buildings and give reasonable public notice of such meetings. The bill provides for $25 per diem for members of milk commission. Prohibits official travel out of county without approval of county board of supervisors The bill also includes, milk, irrespective of whether it is produced in the county in which a county milk commission is located or in a contiguous county, within the provisions requiring the commission to certify milk under prescribed conditions. This bill also provides standards for Kefir milk. REASON FOR VETO OF AB 3793: #572 This bill would extend the jurisdiction of the Los Angeles Milk Com- mission over the five contiguous counties. Approval of this bill violates the principal of local control and could result in jurisdic- tional disputes relative to farm and milk plant installations as well as the county milk pasteurization ordinances in the contiguous counties. Also, it may impair the ability of a county health office to take necessary action on unsafe certified milk. AB 3821 - Sieroty Prohibits public employers from requiring the dis- closure or asking for the disclosure of any arrest, detention, or proceeding which has been sealed or the fact that the record of such has been sealed pur- suant to specified code sections. The bill permits an applicant for employment or em- ployee to answer any question relating to employment by a public employer, after such a sealing procedure, as if such arrest, detention, proceedings and sealing procedure never occurred. The bill becomes effective on January 1, 1975. REASON I agree that a person's prior sealed arrest record should not FOR be the subject of inquiry by a public employer in most cases. VETO: However, I feel that prior arrests and detentions, even where the record has been sealed, should be disclosed if a person is seeking employment as a peace officer. Since a peace officer holds a unique position of trust, he must possess a high degree of integrity. A thorough background investigation must be made to determine if the peace officer applicant is fully qualified for a law enforcement post. AB 3821 would restrain a thorough investigation. AB 3880 (Alatorre) Creates the Office of Rural Health in the State Department of Health. Specifies the duties and objectives of this office. Requires Director of Health to appoint advisory committee to Office of Rural Health. Requires development of and submission to Legislature of recommended legislation relating to rural health care. Makes a General Fund appropriation of $350,000 for 1974-75 to the Department of Health. There already exists in the Department of Health an organizational REASON FOR VETO: structure to provide programs and to coordinate the use of state, federal and other funds directed to the objectives of rural health care needs proposed by this bill. Therefore, this measure is unnecessary. AB 3891 (Murphy) Provides that no new mobilehome shall be issued this department's insignia of approval without an inspection of the mobilehome by the Department of Housing and Community Development. REASON Regardless of cost, there is substantial reason to doubt that FOR VETO: this bill would produce the improved mobilehome quality that is intended. The Department of Housing and Community Development has made substantial changes in its mobilehome enforcement program which have not had time to take full effect. The new requirement for a permit and set-up inspection for each mobilehome at the time of installation at a site is expected to further reduce the number of complaints by consumers. In addition, the bill does not address one of the most important problems of mobilehome quality control: Workmanship and materials. Without further legislation, this area will remain beyond the department's legal reach. AB 3898 - Gonsalves Authorizes prepaid health plans under Medi-Cal to provide for the services of a registered dispensing optician when the contract requires vision care services. The bill becomes effective on January 1, 1975. VETO MESSAGE ON NEXT PAGE -7- This bill will not appreciably affect the manner in which vision care services are provided by prepaid health plans, since they may already provide the services of registered dispensing opticians to enrollees if they so choose. Further- more, it will not affect the present scope of practice of registered dispensing opticians. I find no need for legislation which merely confirms in statute the administrative policy of a State agency, unless that policy were in jeopardy of being replaced and such replace- ment would be detrimental to the public good. Such is not the case with the policy that Assembly Bill No. 3898 would place into statute. 2. 3899 - Gonsalves Declares legislative finding that an area, which has a noise level which exceeds specified decibel measure- ment requirements, is a blighted area for Community Redevelopment Law purposes. The changes made by this bill become effective January 1, 1975. REASON To declare residential blight because of environmental noise FOR levels is a new concept in law, needing careful research and VETO: formulation. This bill was sponsored as a special interest measure by a city, without reference to other existing noise provisions of State and federal law or to the work already being done by state agencies. The bill is also inconsistent with noise standards and measuring techniques now in effect for airports and new residential struc- tures. The noise levels specified in the bill are such that a substantial percentage of California's residential areas would qualify as blighted. The legal and practical side-effects of this are difficult to predict and require more study. AB 3926 (Keene) Requires that sterilized flavored drink, sterilized flavored milk, sterilized flavored cream, sterilized half-and-half, sterilized dairy spread, sterilized milk drink mix, whipped cream or cream topping, whipped cream mix or cream topping mix, eggnog, sour half-and-half dressing, or sterilized sour flavored half-and-half be made from market milk, market cream, or derivatives of market milk. REASON This bill would, subject to referendum, permit the establishment of FOR minimum prices that manufacturing milk producers would receive. VETO: The need to extend guaranteed prices to manufacturing milk producers has not been sufficiently justified nor has it been demonstrated to be in the best interest of producers or consumers. AB 3936 - Boatwright Includes service in various specified public retire- ment systems for the purpose of qualifying for dis- continuance of member contributions to a retirement system established under the County Employees Retirement Law of 1937 after 30 years of service. The bill becomes effective on January 1, 1975. REASON This bill would amend the County Employees Retirement Law to FOR VETO: include prior service in various specified public retirement systems for the purpose of qualifying for the discontinuance of employee-member contributions to a retirement system established under the County Employees Retirement Law of 1937 after 30 years of service. This bill would permit a member to use his total public serv- ice with two or more public retirement systems so that with a combined total of 30 years he would no longer have to make retirement contributions. In 1972, a change in the law per- mitted such a member to receive up to 100 percent of his final compensation instead of the prior maximum of 75 percent. The changes proposed by this bill would affect a relatively small number of long-service employees who already have an ade- quate retirement program. This bill would also require the state to absorb some of its costs, and under the above cir- cumstances, I cannot approve any bill which lacks a clear predetermined estimate of future costs. # # # # # # # # Walthall -8- FFICE OF GOVERNOR RONALD RJ ¡AN RELEAS' Immediate acramento, California 95814 lyde Walthall, Press Secretary 16-445-4571 9-27-74 #573 |overnor Ronald Reagan today announced that he has vetoed the following bills: AB 3955--Chappie Appropriates $2, 800, 000 from the General Fund to the Department of Parks and Recreation for the acquisition of certain lands in the County of Placer for the state park system. Requires such acquisition to be subject to the provisions of the Property Acquisition Law. The bill takes effect immediately. RE N Although I agree that the property in question would make an FOR excellent addition to the state park system, I cannot agree to the /ETO: use of General Fund monies for the purpose of park acquisition. Park acquisitions should be funded from park bond funds or from the Bagley Conservation Fund. AB 4033 - Kapiloff Authorizes the Department of Health to make grants to counties for various, but specified, special projects related to foster care services. The bill appropriates $500,000 of General Fund money-90% of which is for reimbursement to counties and 10% for Department of Health project evaluation efforts. The bill becomes effective immediately. REASON The intent of the bill is already being carried out. Efforts FOR are currently underway to improve foster care which will achieve VETO: many of the same objectives. These include such activities as the establishment of a foster care reporting system, the issuance of new regulations requiring regular review of each child's potential for return home, adoption or guardianship, and improved procedures for county case management. AB 4048 - Waxman Requires Department of Health to print on face of Medi-Cal card that when all of a recipient's Medi- Cal labels for services have been used, authorization for additional services may be requested by his physician, pharmacist, podiatrist or hospital by calling the nearest Medi-Cal district office. The bill becomes effective on January 1. 1975. REASON The bill would add on the face of the Medi-Cal card the state- FOR ment: "When you have used all the medical or drug labels on VETO: this card, authorization for additional treatment or services may be requested by your physician, pharmacist, podiatrist, or hospital by calling the nearest Medi-Cal field office." Basic services are available only with Medi or Drug labels. Therefore, the statement can only result in confusion for the Medi-Cal card holder and added workload on the part of the provider and Department of Health's field offices in explaining the difference between basic and supplemental benefits. Beneficiaries do not request Treatment Authorizations (TARS). Providers, who are best qualified to determine when additional services may be needed, are kept well informed via Medi-Cal bulletins sent out monthly to all providers. This is in addi- tion to the information sent to beneficiaries with their Medi- Cal cards informing them of program requirements and changes. AB 4096--Gonzales Specifies that a sentencing court shall give special consideration of reparation to the victim as condition of probation in any proper case of theft, burglary, or robbery. The changes made by this bill become effective January 1, 1975. REASON This bill would mandate the sentencing court, in an FOR order granting probation, to give special considera- VETO: tion of reparation to the victim in any case of theft, burglary or robbery. Current law already allows the court to consider reparation "in proper cases". I know of no compelling evidence to change the law in this regard. #573 AB 4113 (Fong) Appropriates $600,000 to the Department of Food and Agriculture. Requires the Director of Food and Agriculture to allocate such funds to county agri- cultural commissioners for purposes of carrying out designated pesticide and worker safety provisions. EASON Current worker safety regulations require the Department and OR the County Agricultural Commissioner to perform enforcement ETO: duties. This work is currently funded through the economic poisons registration fees, the economic poisons mill assess- ments and local funds. I find no justification for the General Fund to assume this burden. I feel that the current source of funds is appropriate at this time. AB 4128 (Keysor) Deletes specified information from voter affidavit of registration. EASON Proponents support the bill as a cost-saving measure to allow OR county clerks to process a more compact affidavit. I do not ETO: believe these reasons are sufficient to justify the deletion of information currently required to insure that only those persons properly identified and eligible are allowed to vote. There can be no valid objection to obtaining information on a registrants occupation, derivation of citizenship, and literacy. Specifying occupation serves to identify a person with more certainty; citizenship information is useful to detect or deter fraudulent registrations by aliens; and literacy, while not a requirement for registration according to the courts, is helpful in determining if a potential voter will need assistance in understanding voting instructions and voting. AB 4155 (Wood) Includes enterostomal therapy, subject to utilization controls within definition of health care services and within the basic schedule of benefits under the Medi-Cal program. Provides for the certification and regulation of enterostomal therapists by the Board of Nursing Education and Nurse Registration. EASON This bill would add certification standards to the Business OR and Professions Code for enterostomal therapists and would ETO: amend the Welfare and Institutions Code to include enterostomal therapy in the Medi-Cal program's Basic Schedule of Benefits. The bill would also require the Department of Health to recog- nize certified enterostomal therapists as providers under the Medi-Cal program. This bill proposes standards for the certification of enter- ostomal therapists which are not sufficiently specific to assure the public the protection it requires. The bill is alos unnecessary because the present Medi-Cal program covers enter- ostomal therapy services when such services are provided in a physician's office by a physician or under his direct supervision, through a home health agency or in a hospital to inpatients. AB 4186 (Kapiloff) Specifies that the fee for the building permit regard- ing low-rent housing development for the elderly financed in whole or in part with federal or state funds or by means of a loan incurred in whole or in part by the federal or state government shall not exceed the actual cost of plan checking and inspection rather than $25 times the number of one-story build- ings in the development if such buildings do not contain more than 10 dwelling units. Includes any tax or fee attributable to the construction permitted, whenever paid or however specified. ETO MESSAGE NEXT PAGE -2- JETO MESSAGE FOR AB 4186: #57 The bill specified that fees for building permits for low rent housing development for the elderly, financed in whole or in part with federal or state funds, shall not exceed the actual cost of plan checking and inspection. It also expands the definition of building permit fee to include any tax or fee attributable to the construction permitted. I am vetoing this bill at the request of the League of California Cities and the County Board of Supervisors Association. They feel that this is a matter of priority-setting by elected local officials and should not be state-imposed. I have also been informed that several of the larger cities have already adopted local ordinances accomplishing the same goals. AB 4190 (Vasconcellos) Expands the Campus Children's Center program and makes a $3 million appropriation to be distributed proportionally among public higher education segments on the basis of respective parent enrollments. Provides that public and private nonprofit agencies may operate a campus children's center program in addition to the Regents of UC, the Trustees of CSUC, and the Governing Boards of Community Colleges. Requires a local maintenance of effort at the 1973-74 program level, and provides for a 75 percent state, 25 percent local sharing on expanded or new program funding. Specifies fee payment schedule and establishes eligibility priorities on the basis of applicant income. REASON While I am supportive of the campus child development programs that FOR serve children of needy parents in order that they may further their VETO: education, I can find no justification to extend state financial support to those S tudents ineligible for public social services. B 4196 (Brown) Enacts the "Safe Child Care Facilities Act of 1974". Requires counties to maintain their 1970-71 level of expenditure for child care programs, even though the State assumed the county share in the 1974-75 Budget. Establishes a Child Care Facilities Fund and appro- priates $2.2 million to the Department of Education for the purposes of constructing, leasing, renting, expanding, purchasing or renovating child care facilities. Establishes continuing appropriation to the above fund consisting of all rents and charges collected by local agencies for use of such facilities REASON Several provisions contained in this bill raise substantive issues FOR which cannot be resolved administratively. The bill would permit VETO: the Superintendent of Public Instruction to make grants to public agencies who in turn would provide funds to private nonprofit corporations. This provision attempts to subvert the intent of Article XIII, Section 21 of the State Constitution. The bill provides that the State Allocation Board shall set standards for projects authorized by the bill and to make allocations to public agencies. However, no authority is provided to the Board since the grants are made by the Superintendent of Public Instruction. Further, the bill Goes not provide guidelines for standards or give the Board the authority to reject applications on the basis of standards. The bill also provides that the net proceeds for local agency charges for the facilities shall be transferred to a fund and continuously appropriated to the fund. This language is so unclear as to imply a continuous liability on the part of the state to fund any deficits in the fund. This bill would also expand the current state policy of funding child care Incilities on the basis of an hourly rate per child to one which includes funding for construction, leasing, renting, expanding, purchasing, or renovating of the facilities. I believe this to be an inappropriate function of state government. -3- #573 AB 4200 - Lanterman Allows the criminally insane and persons who by reason of mental defects are predisposed to the commission of sexual offenses to such a degree that they are danger- ous to the health and safety of others to be treated on an outpatient basis. The bill provides that each county Short-Doyle plan may include outpatient treat- ment services for the criminally insane and mentally disordered sex offenders. It requires the State Department of Health to treat all Penal Code Commit- ments and mentally disordered sex offenders who do not require a secure treatment setting as near the patient's community as possible. The bill allows the Department of Corrections and the Youth Authority to provide time off with pay to security and treatment personnel who take courses on psychiatric management. The changes made by this bill become effective January 1, 1975. REASON This bill establishes an outpatient procedure for criminal defen- FOR dants committed to state hospitals pursuant to provisions of the VETO: Penal Code. The fatal defect in this bill is that it fails to provide notice to district attorneys so that they can appear in court to contest the release of prospective outpatients. In addition, the bill does not provide a procedure so that a district attorney may obtain a court order returning a criminal defendant to custody if his behavior indicates he is in need of additional secure treatment or confinement. The district attorneys and peace officers of this state have volunteered to meet with the author of this legislation so that an acceptable bill can be enacted early next year. AB 4245 - Sieroty Requires delivery by the prosecuting attorney to the defendant or his counsel of all discoverable police, arrest and crime reports. The bill becomes effective on January 1, 1975. REASON Currently, the prosecuting attorney may turn over arrest reports FOR to the defense counsel upon request or he may be compelled to VETO: turn over such documents pursuant to a discovery motion. This bill would create an absolute duty on the part of the district attorney to turn over police reports, arrest reports, and crime reports regardless of their contents. The district attorney may refuse to turn over such documents if there is a fear that the report contains confidential information which might jeopardize the safety of a witness or the victim. Currently, the court decides what information must be held in confidence, and what information may be released. This bill would delete necessary review by the court and would make all documents discoverable. I agree with the California Peace Officers Association that this change in current statutes could be detrimental to our system of justice. AB Berman Adds provisions of the Labor Code relating to the Uninsured Employers' Fund. It appropriates $1, 000, 000 from the General Fund to the Uninsured Employers' Fund. The bill takes effect immediately. REASON The Uninsured Employers' Fund was created by Chapter 1598, Statutes F of 1971, for the purpose of making payment of workmen's compensation VETO: benefits to employees whose employers are uninsured and failed to make benefit payments required under the Labor Code. The Legisla- ture passed and I signed the Uninsured Employers' Fund into law with the understanding and assurance that it would be entirely self-supporting from recoveries of awards from uninsured employers through civil action, plus a penalty equivalent to a year's pre- mium cost for workmen's compensation insurance. I find no reason to provide General Fund support at this time. The 1974-75 budget contains additional positions to monitor new employers for workmen's compensation coverage. This should help to reduce the number of claims by materially reducing the number of uninsured employers. #573 AB 4299 - Wilson Provides that safety members under the County Employ- ces Retirement Law of 1937 who receive credit for prior public service, theprincipal duties of which consisted of active service in the armed service of the United States during war or national emergency, shall have pension or retirement allowance for such service calculated on same basis as calculation of the retire- ment allowance such member would receive pursuant to one-fiftieth formula. It provides that a safety member who entered service as a peace officer prior to establishment of safety provisions shall be considered a safety member from initial hiring date for purposes of such one-fiftieth formula provision. The bill becomes effective on January 1, 1975. REASON Current law already permits counties to extend credit for FOR VETO: military service to its employees for retirement purposes. This bill would mandate that counties provide this credit for certain local safety members. I am vetoing this bill at the request of the County Super- visors' Association which feels, and I agree, that approval of this measure could create inequities by denying the same benefits to miscellaneous members who may have under- gone perilous military service. AB 4313 - Waxman Provides funding for one or more pilot projects to develop methods for testing related to hearing defects of infants at birth. The changes made by this bill become effective January 1, 1975. REASON This bill would authorize the Department of Health to establish FOR VETO: one or more pilot project to develop methods for testing infants at birth to determine if they have hearing defects. While I recognize the need for such testing, I believe that this bill is not necessary at this time. There are current projects at recognized, established medical research facilities, funded by federal and private sources which are developing methods for hearing testing and followup of infants at risk of a hearing loss. Therefore, there appears to be adequate resources already directed toward this problem. AB 4325 - Knox Revises definition of "contiguous" with respect to provisions relating to annexation of territory by a city. Specifies after money for the support of a local agency formation commission has beenappropriated by a board of supervisors proppsed expenditures by local agency formation commission are not subject to prior review of board of supervisors or any county adminis- trative officers. The bill becomes effective on January 1, 1975. REASON This bill would prohibit the board of supervisors from requiring that FOR the local agency formation commission get prior approval from the VETO: board before an expenditure is made. I cannot, as a matter of public policy, support this concept. It is the county board of supervisors who are responsible to the people for setting the tax rate and establishing the county budget, and to specifically prohibit the board from seeking justification of the local agency formation commis- sion expenses is inconsistent with the best interests of the local electorate. Furthermore, the board of supervisors already have the discretion under existing law not to require prior approval of the local agency formation commission's expenditures. I feel it would be inappropriate for the State to mandate that the board relinquish such discretionary authority in a matter that is clearly a local concern. -5- #573 4332 @ Keene Deletes the provision authorizing the Trustees of the California State University and Colleges to fix fees for voluntary membership in student body organi- sations, and revises provisions re fixing such fees in accordance with a 2/3 vote of the students. Provides for student referendum, initiated by petition on question of either: (1) eliminating the student organisation, (2) reducing the membership fee, or (3) increasing the membership fee, such proposal to be adopted upon 2/3 vote of students voting thereon. The bill becomes effective on January 1, 1975. REASON I am vetoing this bill at the request of the Trustees of the California FOR State University and Colleges. The Trustees assert, and I concur, JETO: that the immediate effect of this bill would be to create instabilities in the continuation of programs that work to the educational and social benefits of large numbers of students. Support for such programs as forensics, drama and athletics, which are important extracurricular activities for many students, would be unpredictable. AN 4336--Keene Revises provisions relating to the termination of tenancies in mobilehome parks covering mobilehomes required to be moved under permit. The bill permits a. temant to request and receive a written lease containing specified information. The bill also authorizes the Department of Housing and Community Development to suspend or revoke park permits pursuant to specified provisions of law for repeated violations. The changes made by this bill become effective January 1, 1975. REASON This bill would, among other things, give the Department of Housing and FOR Community Development responsibility to enforce provisions of the VETO: landlord-tenant law relating to mobilehome parks. At present, the landlord-tenant law is enforced where necessary by court action. I am reluctant to insert a state agency into a specialized area of landlord-tenant law as a quasi-judicial referee. Further, the penalty provision under which the department would be expected to enforce the bill is unworkable. Authority is given only to suspend or revoke a mobilehome park's operating permit for violations. This means all tenants would be required to vacate the park, an expensive and traumatic remedy which is surely worse than most violations for the tenants as well as for an erring landlord. In addition, the bill makes no provision for the potentially high cost of enforcing it. AB 4442 (Keene) Appropriates from the Federal Revenue Sharing Fund $48,000 to the Department of Food and Agriculture, in augmentation of the 1974-75 support budget of such department, which shall be allocated for designated agricultural research programs. Requires that the money appropriated by this act be matched for each such program from amounts which may be available from other sources. RE ON This bill would appropriate $48,000 from the Federal Revenue FOR Sharing Fund to the Department of Food and Agriculture for VETO: grape crop surveying, almond yield forecasting and walnut yield forecasting. I do not question the need for these programs. I do, however, question the use of federal revenue sharing funds for these purposes. Revenue sharing funds have been reserved for education financing or income tax rebates. Approval of this measure would encourage piecemeal expenditures from this fund. -6- #573 AB 4486 - Waxman Requires Board of Medical Examiners toparmit any person to take physician's and surgeon's examination who meets specified requirements, notwithstanding certain existing premedical and medical training requirements. Requires the board to permit any per- son, meeting specified requirements, to take the oral examination for a physician's and surgeon's certifi- cate based on a foreign certificate which was issued five or more years from date of filing notwithstand- ing certain other requirements and requires the board to issue a reciprocity certificate to such person who successfully passes such examination. Requires the board to issue at physician's/surgeon's certificate to anyone meeting specified requirements. The bill becomes effective immediately. EASON Variously, as to particular individuals, it would permit qualifica- )R tion on the basis of an oral rather than a written examination, excuse ETO: compliance with a requirement of graduation from an approved school and a requirement of hospital training in the United States and recognize examinations in another state and another country which have not been shown to be equivalent to the examination required in California. I am advised by the Board that in its judgment the qualifications the bill prescribes are not sufficient to assure protection of the California public. GOVERNOR RONALD REAGAN TODAY ALSO SIGNED THE FOLLOWING BILLS: AB 27 - Vasconcellos Authorizes, until January 1, 1976, the governing board Chapter 1508 of any school district, including community college districts, to initiate and carry on any educational program, as defined, which is not in conflict with the law or purposes for which school districts are established. The bill authorizes, on and after January 1, 1976, the governing board of any school district, including community college districts, to initiate and carry on any program, activity, or otherwise act in any manner which is not in conflict with or inconsistent with, or preempted by, any law or in conflict with the purposes for which school districts are established. The changes made by this bill become effective January 0 1975. AB 3114--Lewis Requires the State Department of Health to contract with an Chapter 1517 independent agency by October 1, 1974, to make a study of the Crippled Children Services Program. The bill takes effect immediately. AB 3401 - Priolo Resppropriates $27,850,000 from the Bagley Conser vatic Chapter 1521 Fund for land acquisition and development and plan- ning for the state park system. The bill authorizes an exchange of specific parcels of land at El Presidio de Santa Barbara State Historic Park. The bill becomes effective immediately. AB 3438 (Z'berg) Amends and supplements the Budget Act of 1974 to Chapter 1522 appropriate $41,119,064 payable from the State Beach, Park, Recreational, and Historical Facilities Fund of 1974 to the Department of Parks and Recreation for grants to counties, cities, or cities and counties for specified projects. The bill provides that none of these funds shall be available for expenditure unless and until such projects have been submitted to, and reviewed and approved by. the Secretary of the Resources Agency pursuant to specified provisions of law. AB 3477 (Badham) Makes a $7.6 million appropriation from the General Chapter 1523 Fund to the Department of Parks and Recreation for the acquisition of lands located between Newport Beach and Laguna Beach for the State Park System. The bill appropriates $7.6 million from the 1974 Park Bond Fund to reimburse the General Fund. #573 AB 3854 - Burton Requires each school district having an average daily Chapter 1527 attendance of 8,000 or more and each county superin- tendent of schools with respect to minors residing in districts of less than 8,001 a.d.a., to provide for the education, in special classes and programs, of pupils diagnosed as being autistic. The bill directs the Superintendent of Public Instructionnto annually apportion to school districts and county superintendent amounts up to $3,000 for grades K-8, $2,815 for grades 9-12, and $2,745 for community college grades per autistic pupil in attendance upon special classes or programs. The bill also appropriates $50,000 from the General Fund to Superintendent of Public Instruction for expenditure during 1975-76 fiscal year for supervisory and consultative services in developing special education programs for autistic pupils. The changes made by this bill become effective Januarv 1. 1975. AB 3970 - Montoya Establishes saparate eligibility provisions under Chapter 1531 Medi-Cal for patients needing dialysis and related services where such patients have a net worth, as defined, above the Medi-Cal eligibility levels. Requires such persons to first utilize their prior legal and contractual entitlements to dialysis treatment and provides for liability of such patients to pay a fixed percentage of the cost of dialysis and related services where their net worth reaches speuified levels. The bill becomes effective immediately. AB 4040 (Lanterman) Creates pilot project to implement the Master Plan for Chapter 1532 Special Education (MPSE) in as limited number of districts and counties during 1975-76, 1976-77 and 1977-78. Creates pilot program for providing educational serv- ices for individuals with exceptional needs, as defined Requires the State Board of Education to establish a California Master Plan for Special Education. Requires Superintendent of Public Instruction to administer the program. Requires expenditure of $24,000,000 from the State School Fund for the 1975-76 fiscal year for the pur- poses of this act. Appropriates $300,000 for the 1974-75 fiscal year and $10,000,000 for the 1975-76 fiscal year, from General Fund to the State School Fund for purposes of this act and appropriates $150,000 for the 1974-75 fiscal year and $300,000 for the 1975-76 fiscal year from General Fund to Department of Education. AB 4134 (McCarthy) 1533 Requires the Superintendent of Public Instruction to Chapter establish criteria for the allocation of funds for the establishment of migrant child care centers. The bill requires that program for infants be established in one of such centers. The bill also appropriates $200,000 to the Department of Education for development and operation of migrant child care centers. B 1860 - Behr Authorizes the Superintendent of Bublic Instruction, Chapter 1504 with funds appropriated for such purposes, to enter into agreements with school districts or County Superintendents of Schools for high school programs regarding the care and development of infants, and the training of students in the role of parents. The bill appropriates $600,000 from the General Fund to the Superintendent of Public Instruction for programs for the 1975-76 fiscal year. The changes made by this bill become effective January 1, 1975. SB 2265 (Moscone) Requires the Director of Health to establish a program Chapter 1507 for the medical care of persons with hemophilia. The bill appropriates $2,000,000 to the Department of Health for carrying out the program. OFFICE OF GOVERNOR RONALD AGAN RELEA 00 Immediate Sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 574 SB 145 (Nejedly) Enacts provisions for partisan candidates' statements of qualifications. Makes related changes. Appropriates from the General Fund three hundred eighty-two thousand dollars ($382,000), or so much thereof as may be necessary, for the reimbursement of counties for the specified expenses required by this act. EACON This bill would provide for inclusion in the ballot pamphlet of E a statement of qualifications prepared by each candidate for VETO partisan office and approved by the Secretary of State. The bill would impose a fee on each candidate for the printing and distribution of his statement of qualifications, but also appropriates $382,000 to offset county costs where fees collected are insufficient to fund the costs of program implementation. I believe there is great potential for abuse in allowing a partisan Secretary of State to become involved in approving and distribu- ting of campaign materials of other candidates. I object not only to the intrusion of government in the formulations and distribution of partisan campaign literature, but also to the fact that the program which this bill would implement would initiate a state program to subsidize partisan election campaigns. SB 148 (Moscone) Transfers all powers, duties, responsibilities, and jurisdiction of the Commission of Housing and Commu- nity Development and Department of Housing and Commu- nity Development Department and the California Housing and Community Development Commission which the act creates. Authorizes the California Housing and Community Devel- opment Department, among other things, to purchase, or make commitments to purchase, securities and mortgage loans, the proceeds of which are utilized for the purpose of financing housing for occupancy by persons and families of low and moderate income. Permits the department to make grants to nonprofit corporations for specified expenses of planning, con- structing, and operating developments under assisted mortgage financing programs. REASON This bill would authorize the issuance of $100 million of revenue FOR bonds to finance housing for low and moderate income persons. VETO Such issuance comes in a time of high interest rates and when the demand for capital is at record levels, and would contribute to the present inflationary spiral. SB 148 would also permit the state to make direct grants to nonprofit corporations for expenses incurred in the planning, constructing, or operating of housing developments. I believe it is inappropriate for the state to become involved in such a program of direct grants for housing. Provisions of the bill would prohibit construction loans unless the housing development is aided by a subsidy. By restricting construction loans, which is the implied effect of these pro- visions in the bill, they will prevent a needed reduction in the cost of housing, since low-interost construction loans could save the consumer of housing substantial sums in interest. The bill would require the newly created Housing and Community Development Department to encourage housing corporations, non- profit corporations, and limited dividend housing corporations engaged in the construction or rehabilitation of homes to utilize the labor of prospective individual purchasers in the construction or rehabilitation of housing units. The value of such labor is to be used to reduce the cost of the housing units. This provision, a type of self-holp program, would require a substantial amount of technical (construction) assistance to Cont 'd. on next page Add SB 250 incentives for cost control and open the way to imposing excessive costs on the State General Fund. To risk such increased costs which exceed the authorized budget and with no parallel responsibility at the county level is unwarranted. SB 148 REASON FOR VETO be provided by the Department to prospective buyers. For example, CONT"D. the cost of such technical assistance for this type of program to the California Rural Housing Corporation is averaging $3, 500 per home. This would create additional financial responsibilities for the Housing and Community Development Department, yet the bill does not contain an appropriation to fund this provision. Furthermore, the bill prevents the sale of these bonds by the State Treasurer by granting such authority to the Department, thereby requiring the Treasurer to compete with another depart- ment in marketing of bonds. SB 210 - Deukmejian Creates a 14 member California Commission for the Study of Capital Punishment with five-year existence commencing March 1, 1975, to study and report findings and recommendations to the Legislature concerning questions relating to imposition of capital punishment. The bill appropriates $100, 000 from the General Fund to the California Commission for the Study of Capital Punishment for the purpose of carrying out the duties of the commission. I seriously question the need for a costly commission to REASON study the death penalty over a five year period. The FOR Office of Criminal Justice Planning Standards and Goals VETO Project will, over the next two years, determine areas of needed study. I believe the provisions of this measure should be recognized for study. SB 250--Nejedly Requires the state to pay for in-home supportive services from the state share of federal social service funds for the fiscal year 1974-75. The bill revises formula for distribution of the amount received from the federal government for administration of services so that the counties receive $123, 600, 000 or 51 percent, whichever is less, of the federal service funds, rather than at least 66 percent of the federal service funds for the fiscal yaar 1974-75, requires the state to allocate to the counties under certain circumstances and additional $3,708,000 for social services for the fiscal year 1974-75, and provides for the utilization of the counties and state unused service funds. It also establishes a Social Service Task Force to study and report by April 1, 1976, recommendation concerning the social services delivery system. The changes made by this bill become effective January 1, 1975. FOR EASON appropriations. necessary for all parties concerned to exercise Federal and state It funds is in the social services program are closed-end ETO restraints to hold costs within budgeted funds. This legislation would change the present state and county allocation and sharing methods and provide the potential for open- end state funds for the in-home supportive the services. Removing counties from any participa- tion in costs of in-home supportive service; would remove important SB 546 - Alquist Requires each county included within the say ALUE Air Pollution Control District to appoint, not later than March 1, 1975, to the board of directors thereof an additional board mamber for each 250,000 or portion thereof, of population above 500,000 as measured by th the last federal decennial census, in that portion of the county included within the district; and prescribe appointment procedure for such members. Specifies that the additional board members that may be appointed by a board of supervisors may be members of a county or city governing body and, if not a member of the board of supervisors, shall serve for terms of 2 years. Increases from $1,200 to $1,800 the compensation of the board members may receive annually. Authorises the board members to receive compensation for attending committee meetings of the board. States legislative intent that the district join any multifunctional regional government organi- zation having planning, conservation, and develop- mental responsibilities. -2- #574 546 - Alquist Cont 'd. Appropriates $27,000 to the State Controller for allocation and disbursement to local agencies for costs incurred by them pursuant to this act. EASON I believe that this proposal would adversely affect the ability of the San Francisco FOR Bay Area Air Pollution Control District to continue its effective air pollution ETO: control programs. Senate Bill 546 would make the board composition and membership a function of population which would have the effect of distributing decision-making powers unevenly throughout the area by tending to place that authority with the areas of largest population, which in this instance are also the areas of largest pollution contribution. The net effect would be to establish a potential for self-serving regulatory interests at the expense of the less populated areas. Further, and of even more basic importance, is the fact that, in environmental situations as well as legal, the principles of equity must be followed. The fact that the State would be required to augment local government budgets in the amount of $27, 000 to defray expenses and per diem for board members who by virtue of their positions in their communities are already receiving compensation is not in the best interest of all the people of the state. Finally, requiring the San Francisco Bay Area Air Pollution Control District to merge with any multifunctional regional government organization imposes a restriction of freedom of action on this board not required of similar boards in other partsof the state. SB 512 Dills Provides specified nonindustrial disability retirement pensions for local miscellaneous and local safety members based upon amount of credited service if contracting agency elects to be subject to provision. The changes made by this bill become effective January 1, 1975. or N This bill would single out local members and make them eligible FOR for an increased nonindustrial disability allowance. This is an VETO : unwarranted departure from the present policy of uniform disability benefits. All employees are subject to the same kinds of risks of being injured in their off-work hours, so they should all have the same disability retirement benefits. SB 614 - Moscone Includes dental care benefits plans for state employ- ees in Meyers-Geddes State Employees' Medical and Hospital Care Act. The bill appropriates $8,025,000 from the General Fund during the 1974-75 fiscal year to the Department of Finance for allocation to state agencies for pay- ment of employer contributions. The bill becomes effective on January 1, 1975. I find it necessary to veto this legislation, not because REASON of the appropriateness of dental insurance for state employ- FOR ees, but because of the estimated state cost of $16 million. VETO: The total compensation concept initiated by my Administra- tion has already allocated funds to recognize the benefit lag. Provisions for additional benefits to state employees should be handled through the annual Total Equivalent Compen- sation process. Future annual total equivalent compensation studies will need to consider dental insurance along with other desired benefits. SB 638 - Moscone Provides for salary increases for court reporters in Fresno, Merced, Napa, San Joaquin, Santa Barbara, Sonoma and Stanislaus Counties, The bill takes effect immediately. I am vetoing this bill at the request of the County Supervisors REASON Association. The Association objects to the bill because it does FOR not include any provision for the disclosure of income by court VETO: reporters. Similar language was added to other bills affecting court reporters salaries in other counties. The amendment was rejected in the case of this bill. I am fully aware that the affected counties support this bill. However, the need for income disclosure outweighs this support. #574 SB 847 (Marler) Would delete the $73 maximum limit on excess trans- portation costs and would extend the State's liability for excess special education transpor- tation costs to 75 percent of the first 873 in excess of $389 and 50 percent of any expense in excess of $462. The bill also increases the derivation formula for the Special Education Transportation allowance by $0.30. REASON While 1 have in the past approved legislation increasing state funding for this purpose and would support an FOR additional increase, I cannot approve any measure which VETO: would delete the ceiling on state reimbursements. Such open-ended appropriations deter periodic program review and preclude the proper review of program funding within the context of competing budgetary priorities. SB 875 - Alquist Precludes counties operating under the County Employee S Retirement Law of 1937 from denying nonservice connected disability retirement benefits solely because of the intemperate use of alcoholic liquor. The changes made by this bill become effective January 1, 1975. J. am vetoing this bill at the request of the County Super- REASO visors Association of California who feel that although F the working atmosphere may or may not aggravate a personal VETO: drinking problem, it is not possible to support the point of view that alcoholic addiction is a direct result of employment conditions. Further, both the County Employees' Retirement Law and the Public Employees' Retirement System currently contain this prohibition. These provisions were originally established for good and sufficient reasons, and I have seen no showing of fact to support their elimination at this time. In my opinion, the reasons to support the present prohibitions are as sound now as when they were originally established. SB 886 - Dills Increases survivors' benefits for specified members of retirement systems established pursuant to the County Employees Retirement Law of 1937 from 60% to 75% of the amount to which the member would have been entitled had he retired in those counties in which the board of supervisors so provide. The changes made by this bill become effective January 1, 1975. REASON This bill would increase survivors' benefits for specified FOR members of retirement systems established pursuant to the County VETO: Employees Retirement Law of 1937, from 60% to 75% of the amount to which the memberwould have been entitled had he retired in those counties in which the board of supervisors SO provide. Current law provides a one-half continuance to members in safety- type categories and to miscellaneous members of local agencies which contract for the coverage. To approve this increase in benefits would result in a further increase of the present disparity between the Public Employees' Retirement System and the Retirement systems operating under the County Employment Retirement Law of 1937. I find no demonstrated need for this change in benefits at this time. SB 940 (Grunsky) The bill increases the improvement factor for post retirement allowance from two to three percent for retirants of the State Teachers' Retirement System. REASON FOR It is neither fair nor proper that all terpoyers should VETO: pay for this benefit through the use of General Fund monies. - 4 - #574 SB 1086 (Nejedly) Requires Adult Authority to meet during prisoner's 8th month of incarceration for the purposes of considering the setting of a parole date. Requires a written statement setting forth condition of prison term or reasons for not setting term must be given to prisoners within 10 days of hearing. Requires a psychiatric report every three months. EASON Senate Bill 1086 would require many unproductive parole FC consideration hearings. For example, I see no useful purposes in convicted murderers being considered for parole after eight months in prison and each year thereafter. Stenographic recording of parole consideration hearings would be costly and serve little useful purpose. Requiring a psychiatric report each three months when an inmate is psychotic or emotionally unbalanced would be unproductive and poor use of psychiatric personnel. It is estimated that the cost to the taxpayer for these non- productive services would be more than $2,350,000. SB 1198 (Mills) Creates the California Environmental Improvement Authority and prescribes its composition and functions. Requires the authority to administer the California Environmental Improvement Program, as specified, for the purpose of giving financial assistance, as prescribed, to public agency and private entity environmental improvement activities. Creates the California Environmental Improvement Fund and transfers $40,000,000 to such fund from the Federal Revenue Sharing Fund for expenditure when appropriated for purposes of the act. REASON SB 1198 adds another governmental layer to study and fund programs relating FOR to environmental matters. The stated purposes of this measure simply VETO: reflect major program objectives of existing governmental agencies. Some of the bill's objectives, for example, are directed toward abatement of air pollution, the development of conservation education, the acquisition and protection of land for preserving the habitat of rare or endangered species, the restoration of fishery resources, etc. It is obvious that establishing this Authority to study these types of problems represents a substantial duplication of effort. By granting the Authority these powers, cumbersome and overlapping administrative authority would be developed. The composition of the Authority would include eight top state officials who are, hard pressed to meet their present obligations. Giving them one more major role will only detract from their present duties and capacity for accomplishing them. SB 1211 - Moscone Adds a new chapter to the Code of Civil Procedure entitled "Judicial Arbitration" requiring the Judicial Council to provide by rule for a uniform system of arbitration of specified causes in superior courts. The changes made by this bill become effective January 1, 1975. REASON My principal objection to the bill is that the legislature FOR failed to provide either the substance or procedure for such VETO: a system; instead, the responsibility for that was assigned to the Judicial Council. I believe that mandatory judicial arbitration is such a major change that it necessitates a legislative process wherein elected representatives are required to hear and be sensitive to the needs of the public, the legal and the judicial constituencies. #574 SB 1290 (Dymally) Establishes a statewide children's health care program. It requires the State Department of Health to obtain emergency care, pre-admission screening, followup or any other medical care which is found to be needed by the diagnosis of a practitioner for all medically needy children in child development programs and to enter into prepaid health care contracts for emergency care, pre-admission screening and followup. The bill requires the Department to review the quality of care provided under such prepaid contracts. It also requires the departmento identify medically needy children with unmet medical or dental problems and to contract to purchase care for them. The bill makes no appropriation but authorizes the expenditure of up to $6,000,000 of federal funds if they are available. SB 1290 seeks to establish services already available under Medi-screen and the EASON California Medical Assistance Program (Medi-Cal). The state has a category FOR /ETO of "medically needy" and all children who fit that definition are currently eligible. Implementation of the bill is dependent upon federal funds if available. It does not appear that federal funds from Public Law 93-222, which is specifically mentioned, can be used for the purposes of this bill. The intent of PL 93-222 is to provide grants and loan guarantees to public or nonprofit, private entities, for planning and the initial expenses of e stablishing new health maintenance organizations. There is no obligation to pass this money through the state nor can the money be used for services in existing plans. SB 1420 Dymally Transfers, only until January 1, 1976, jurisdiction of the Museum of Science and Industry from the Department of Commerce to the Department of Food and A griculture. The changes made by this bill become effective January 1, 1975. REASON Transferring the jurisdiction of the Museum of Science and Industry to FOR the Department of Agriculture while the issue of organizational placement /ETO: is being studied and then returning it to the Department of Commerce if subsequent legislative action is not taken would be disruptive to the operation of the Museum and would accomplish nothing. Organizational changes such as this one are normally studied by the Executive Branch of government and proposed to the Legislature for concurrence. If there are problems with the present approach or if there is another department more suited to the function of the Museum, then those arguments should be studied by the new administration and recom- mendations submitted to the Legislature through regular reorganizational procedures. SB 1485--Gregorio Revises provisions of law relating to minors with respect to freeing from parental custody and control, voluntarily placement for foster home care, and declaration of status as dependent child of court. The bill provides for family reunification services to minors and their parents when a minor is placed in foster care either voluntarily or as a result of being adjudged dependent child of court. The bill appropriates $25, 000, 000 for purposes of act. The changes made by this bill become effective July 1, 1975. REASON Under the provisions of this bill, family reunification service would FOR be furnished tc every family regardless of family income and could VETO: cover almost any conceivable service or assistance. While the bill identifics problem areas brought to light by various studies involving child abuse, foster care, custodial relinguish- ment and related areas, I find current reallocation of program efforts preferable to the mandated redirection and rigidity that this bill would impose. on excmple of administrative action almondy taken is the redirection and augmentation of the adoption pregram to focus greater attention on the early relinquishment of children and to increase time devoted to the hard-to-place child. #574 SB 1504 (Wedworth) Medi-Cal extends the supplemental schedule of benefits to include psychological services, subject to utilization controls. This bill would add psychology services to the Medi-Cal Supplemental EASON Schedule of Benefits, subject to utilization controls. 'OR TO: The bill would permit psychology services to be provided without being subject to the same program controls that apply to other categories of ancillary services, i.e., speech therapy, chiropractic, optometric, etc. Passage of this bill would serve primarily to benefit psychologists without affording Medi-Cal beneficiaries any greater availability of health care services. All necessary psychology services are available to Medi-Cal program or the county mental health programs. In addition, this bill would have the effect of overriding the provisions of the Medi-Cal Reform Plan. This plan was enacted to control the runaway costs and abuses of the Medi-Cal program. SB 1520 (Roberti) Provides for creation and functioning of business and industrial development corporations to stimulate business prosperity and economic welfare in the state. This bill is unworkable. It relies heavily on capital investment REASON from financial institutions, yet provides no incentive nor other FOR good reason for these institutions to make such investments. VETO: These corporations are subject to insufficient regulatory author- ity considering their fiduciary responsibilities. Also, the procedure for organizing such a corporation, is not at all coordinated with general corporate law and is vague as to the duties of initial promoters and incorporating procedures. SB 1538 - Marler Provides that commencing with 1975-76 school year, gross State School Fund allocation for apportionments to county school service funds for "other purposes" shall be not less than the amount computed therefor for the 1974-75 school year. Makes provision for allocation of dertain additional amounts to be transferred from General Fund to State School Fund. The bill becomes effective January 1, 1975. REASON I cannot approve this measure which would change the FOR current concept of state funding which is based on the cost VETO: of the local district without regard to the number of students. SB 1539 (Mills) Permits transit agencies to enter into agreements with the Department of Transportation to perform work related to transit projects under certain conditions and requires departmental review and approval of mass transit guideway project reports. REASON While local transit systems are governed by local agencies or FOR regional transit districts, mandatory provisions in this bill VETO: would require such districts to obtain proposals from the Department of Transportation in direct competition with private enterprise. State coordinating functions may be desirable in certain instances, and it may also be desirable to make current expertise within state government available to benefit local transit efforts. I believe, however, the extent of state involvement mandated in this bill, coupled with the consequent expansion in the size of state government, would constitute an unwarranted intrusion of state authority into local and regional matters. SB 1552 (Marks) Provides that the evaluative criteria required by the Department of Health for approval of a methadone program shall not require disclosure to the depart- ment of the identity of patients or records containing identifying information except under specified conditions. #574 Methadone is a dangerous narcotic drug capable of producing physical 1552addiction, psychological dependence, painful withdrawal symptoms, con- vulsions and death. Therefore, both federal and state laws require ASON that its use be subject to careful, continuous review and control. FOR Routine random sample review of patient charts generally does not ETO: necessitate that any personal identifier other than code or case number be attached to the clinical record. However, in any case where further information is needed to verify that legal or regula- tory requirements are being met the original unaltered record is necessary. Both federal regulations and state law prohibit the transmission of a name so obtained, to law enforcement officials or anyone else in any report. This rule must be observed absolutely by every one of the inspectors or the inspector himself is guilty of a defined criminal act. Federal agencies also monitor California methadone programs and by federal regulations require access to complete records. By contract, state methadone staff will be monitoring programs for the federal government as well as for Department of Health purposes. Non-conform- ity with federal regulations would jeopardize federal funding and/or federal approval of methadone programs. 1556 REASON FOR VETO: This bill would create a full-time Air Quality Control iddle Board, specify rigid and inflexible membership qualifications along with terms and salaries of members, to replace the Air Resources Board. I do not believe the present board is deficient in the performance of its duties, nor do I believe the additional expense which the state would incur in support of a full-time board is either necessary or desirable. This bill would create a single regional air pollution control district in the six counties comprising the South Coast Air Basin and abolish the districts which now exist in each county. Five of the six affected counties---the counties of Los Angeles, Orange, Santa Barbara, San Bernardino, and Ventura---and the entire County Supervisors Association object to this feature of the bill. The bill also mandates that the district meet federal standards acknowledged to be unreasonable and unworkable. I do not believe that the state should mandate this new district upon local government. If a new district is to be formed, it should have broad support from those who will be most affected. Present law already provides for this action should the local jurisdictions desire it. SB 1592 - Dills Revises maximum basic amount to be transferred annually from General Fund to Section A of State School Fund from $393.42 per applicable unit of a.d.a. to $406.29. Revises maximum basic amount to be transferred annual- ly from General Fund to Section B of State School Fund from $481.89 per applicable unit of a.d.a. to $493. Revises amounts to be expended for basic aid and equalization aid in each fiscal year. Increases foundation programs for all grade levels by $15 per unit of a.d.a. to meet increased costs of school operations resulting from inflation. Pmvides for adjustment of minimum allowance for school districts. Revises foundationpprogram schedule for community college districts and necessary small community colleges. Increases foundation program for adults in high school and community colleges. Specified method of computing maximum revenue limit which electors of school districts, other than community college districts, may choose. Increases revenue limits for 1974-75 fiscal year by amounts equal to additional amounts apportioned because of foundation program increases and increases in minimum allowances. Appropriates $5,564,229 for inflation adjustment for specified programs in 1974-75 fiscal year. The bill becomes effective January 1, 1975. - 8 - #574 B 1592 EASON Although inflation has affected school costs, the effect of inflation FOR on our schools is no greater than that on all other segments of society. ETO : The massive increases of new state monies made available for education in the last two years have provided average yearly increases that outdistance the average percentage increase in inflation during the same period. This bill is further flawed by provisions that allow the "high wealth" school districts to receive new state apportionments that appear unneeded and unwarranted. SB 1659 - Gregorio Enacts the California Urban Housing Rehabilitation and Mortgage Financing Act of 1974. Appropriates $5,000,000 to the Housing Rehabilitation Insurance Fund. The changes made by this bill become effective January 1, 1975. REASON This bill would occasion a shift in risk from the private to FOR the public sector. Stimulating private lending institutions VETO: to loan money for rehabilitation to high risk areas under the provision that the state, and not the private lending institu- tion, would be responsible for assuming the debt obligation, relieves the private institutions of such obligation. The State would be assuming the risk for loans made to borrowers in specified high risk areas where individual private lending institutions have historically refused loans due to such high risk. However, at the present time there is an association of 27 savings and loan institutions which is making loan money available for rehabilitation in certain high risk areas within the State. This organization operates by creating "mortgage pools". Under such plan a savings and loan would offer to invest in a portion of the "pool" rather than assuming the risk for the entire project. In the last 2½ years this organization has provided over $30 million for rehabilitation projects in traditionally high risk blighted areas. Finally, in that the private sector is collectively assuming the responsibility in these "high risk areas", I believe it inappropriate to relieve the industry of this obligation to the detriment of the state's taxpayers. SB 1666 (Stiern) Requires the state to refund to responsible relatives of recipients of aid to the aged amounts which were paid after October 1, 1971, that represent the state share of aid paid and if available also the federal share and appropriates $6,721,000 from the General Fund to the Department of Benefit Payments for such purpose. REASON The strengthening of family ties and the reaffirmation of family FOR responsibility was a major goal of the Welfare Reform Act. Those VETO: with sufficient means should assist in the support of their needy parents. This bill denigrates that obligation to support one's parents which has a legal as well as moral basis. I am aware that recent legis- lation has shaken this precept, but it would be weakened almost to the point of nullification if this legislation should be enacted. In addition to its $6.5 million General Fund appropriation, the bill requires the maintenance of individual files on each person receiving a refund to ensure continuing compliance. Should the person then fail to comply with his responsibility under the new relative's responsibility scale the state is then placed in the absurd position of seeking to recover the money it has just refunded. 9 - #574 SB 1700 (Berryhill) Requires the State Teachers' Retirement System to recalculate the retirement allowances of certain specified retired members. The bill further provides that survivors of members of the stre who have been murdered during the first half of the 1973-74 school year in the course of employment shall receive a benefit consisting of the remainder of the contract compensation when moneys are appropriated by the Legislature. I find no substantial justification for the State to assume the REASON financial burdens imposed by this bill. F VETO: I have recently signed AB 4525, which permits a local school district to pay to a surviving spouse of any employee murdered while in the course of his employment the amount that the deceased would have received if he had lived to complete the time remaining in his contract with the district. SB 1721 (Kennick) Makes it a misdemeanor to knowingly and willfully solicit and receive a sealed record. Makes it a misdemeanor for an employee of a public entity to knowingly furnish a sealed record or information obtained therefrom, or to transmit knowledge of the fact of the existence of such a sealed record, except as otherwise provided by law or court order. Excepts prosecuting attorneys, as defined, from liability for making such disclosure to defendant or his attorney in connection with the criminal prosecution of the defendant. REASON This bill provides an exclusion for prosecutors so that they can reveal the contents of a sealed record to the defendant and his FOR counsel. However, the bill does not permit employees of the VETO: Department of Justice to disclose to the prosecutor that a particu- lar defendant has a sealed record. I support that portion of this bill which would prevent the disclo- sure of the contents of a sealed record, but I cannot agree that the mere disclosure a person's record has been sealed should be a crime. SB 1739 - Song Revises the composition of the Contractors' State License Board by requiring the appointment of a journeyman member of a labor organization representing the building trades to fill the first vacancy occurr- ing after January 1, 1975, in the term of a public member. Although the bill describes the proposed new labor member as REASON a "public member", he would in fact be another representative FOR from within the construction industry. His appointment would, VETO: therefore, conflict with the present basic statutory philosophy that the public members of the boards in the Department of Consumer Affairs shall not be engaged in pursuits within the industry or profession regulated by their boards. If labor representation is to be added to the Contractors' State License Board, it should not be by means which dilute the non-industry point of view the public members are intended to represent. # # # # # Walthall - 10 - OFFICE OF GOVERNOR RONALD AGAN RELEASE: mediate Sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #575 Governor Ronald Reagan today announced that he has signed the following bills with reductions indicated: AB 459 Lewis Appropriates $590,000 for development of Perris Reservoir Chapter 1489 and Silverwood Lake State Recreation Area from the Recreation and Fish and Wildlife Enhancement Fund. The bill takes effect immediately. ASON: I am reducing the appropriation contained in Section 2.6A of Assembly Bill No. 459 from $590,000 to $507,000 by reducing Schedule (ex) from $140,000 to $132,000 and Schedule (hx) from $450,000 to $375,000. The reduced appropriation is adequate to com- plete the construction projects included in this bill. SB 907 - Collier Provides for the outsblishment of state seashores Chapter 1484 within the state park system. The bill amerids and supplements the Budget Act of 1974 to appropriate $64 million payable from the State Park Bond Act of 1974 for acquisition projects and one minor devel- opment project. It adds an additional permissible classification called "state seashores". Numberous acquisition projects are appropriated from the state's portion of the recently passed State park bond act. The bill becomes effective immediately. REASON: I am reducing the appropriation contained in Section 2.8B of Senare Bill No. 907 from $64,645,000 to $41,145,000, by eliminating the following items: (q) Santa Monica Mountains, Los Liones Canyon Land acquisition 2,500,000 (y) Morro Bay, land acquisition 1,000,000 (kk) Griffith Park-Santa Monica Mountains trail, land acquisition 1,000,000 (11) Griffith Park-Elysian Park-Arroyo Seco Corridor, land acquisition 3,000,000 (mm) Baldwin Hills Park project, land acquisition 4,000,000 (nn) Santa Susana Mountain Park, land acquisition 4,000,000 (oo) Santa Fe Dam Park, development 4,000,000 (pp) Castaic Park, development 4,000,000 I am deleting items (q) and (y) as the funding for these projects was included in measures I have already approved. I am deleting items (kk), (11), (inm), (nn), (oo), and (pp) because the projects involved were not included in the list of proposed projects submitted to the electorate at the time they voted on the State Beach, Park, Recreational, and Historical Facilities Fund of 1974. In addition, these projects were not reviewed or approved by the State Parks and Recreation Commission or the Secretary of the Resources Agency. -1- #575 SB 2020 - Moscone Authorizes school districts to apply for state and Chapter 1487 federal funds for purposes of furnishing paid, reduced price, or free breakfasts and lunches to pupils. Provides that funds allocated to local agencies for meals shall be disbursed on basis of 5 cents for each breakfast served and 5 cents for each lunch served. The bill appropriates $13,600,000 from the General Fund to the Superintendent of Public Instruction for allocation and disbursement to local agencies for fiscal year 1974-75 to reimburse such agencies for costs incurred pursuant to this act. The bill also permits reimbursement for meals served prior to January 1, 1975. The changes made by this bill become effective January 1, 1975. EASON: I am reducing the appropriation contained in Section 4 of Senate Bill No. 2020 from $13,600,000 to $12,500,000. I have reduced the appropriation in this bill a total of $1,100,000. $340,000 made available to the State Department of Education by the 2½ percent allocation for development, imple- mentation, supervision and evaluation in Section 11926 of the bill is not necessary. Also, $760,000 provided for disbursement to local agencies is not required based upon current estimates. The reduced appropriation will be adequate to implement the pro- visions of this measure. AB 1527 (Wood) Requires the State Department of Health to adopt rules Chapter 1492 and regulations including specified criteria regarding administration of federal requirements for uncompen- sated services for persons unable to pay by facilities receiving federal assistance under the California Hospital Survey and Construction Act. Appropriates $159,000 for carrying out such provisions. REASON: I am reducing the appropriation contained in Section 2 of Assembly Bill No. 1527 from $159,000 to $100,000. I have been assured that $100,000 will be more than adequate to fund the purpose of this act. AB 2601 - Thurman Declares that local entities are entitled to reimburse- Chapter 1494 ment of their costs incurred as a result of the November 6, 1973, statewide special election and shall be so reimbursed with funds appropriated in Item 56 of the Budget Act of 1974. The bill becomes effective immediately. REASON: I am reducing the appropriation contained in Section 4 of Assembly Bill No. 2601 from $948,358 to $868,358 by deleting the $80,000 appropriation contained in Schedule f). The reduced item of appropriation is already included in AB 4505 which I have already approved. AB 2817 (Chacon) Enacts Bilingual Teacher Corps Program under which Chapter 1496 Superintendent of Public Instruction is directed to implement a program providing an annual $1,500 stipen plus necessary expenses, to teacher aides while pursuing an approved educational program leading to a teaching credential. Appropriates $11,000,000 for the 1074-75 fiscal year to the Department of Education for the Bilingual Education Act of 1972. Provides that not more than $500,000 thereof may be used by the department for administration of the Bilingual Education Act of 1972 Appropriates $4,800,000 for purposes of the Bilingual TeachersCorps Program, for expenditure during fiscal years 1974-75 to 1978-79, inclusive. REASON: I am reducing the appropriations in Section 3 of Assembly Bill No. 2817 from $15,800,000 to $4,800,000 by deleting paragraph (a). The State Bilingual Education Program should not be expanded beyond its current level until such programs have been evaluated for their effectiveness. Also, in the future, districts should assume the costs of bilingual education after they have received #575 AB 3407 - Brown Appropriates $750,000 from the General Fund to the Chapter 1497 University of California for the support of a program of basic and clinical health science education and primary health care delivery research in the field of podiatry, to be developed and conducted cooperatively by the university and the California College of Podiatric Medicine. The changes made by this bill become effective January 1. 1975. EASON: I am reducing the appropriation, contained in Section 6 of Assembly Bill No. 3407 from $750,000 to $541,000. I am in support of the basic purposes of this measure. However, I do not believe the entire amount appropriated is proper. Accordingly, I have reduced the amount based upon a capitation allowance comparable to the program provided under Chapter 1519, Statutes of 1971. AB 4151 - L. Greene Deletes provisions authorizing the governing board Chapter 1499 of any school district, through the Director of Compensatory Education and the State Board of Education, to establish a preservice or in-service training program for any school in prescribed areas of poverty and social tension. It makes extensive changes in the Professional Development and Program Improvement Act of 1968 to provide for an expanded training program for school personnel, including administrators. Appropriates $1.3 million to the Superintendent of Public Instruction for allocation to school districts during the 1974-75 school year for professional development centers. The bill takes effect immediately. EASON: I am reducing the appropriation contained in Section 17 of Assembly Bill No. 4151 from $1,300,000 to $650,000. The $650,000 remaining in this bill is enough to provide match- ing startup funds to 13 districts for in-service programs in 1974-75. I agree with the Legislature that coordinated and consolidated in-service teacher training programs are a viable method of strengthening instruction in California's public schools. I view this legislation as a necessary first step in more effectively coordinating the application of existing resources which are available for such purposes as teacher in-service training. These resources include the Educationally Disadvan- taged Youth Program ($32 million), the Early Childhood Education Program ($40 million), the Blementary and Secondary Education Act Programs ($136 million), and District funds. In order for coordinated and consolidated in-service teacher training programs to have the maximum possible usage in California's public schools, they must be supported from a combination of these existing resources. I believe that the funds provided by this bill should be utilized as "seed money" to enable school districts to begin cost-effective teacher training programs that can then be supported from these other resources, and that preference should be given to using the funds appropriated by this bill in sup- porting projects in school districts with very limited categori- cal aid resources. Through appropriate management of these resources, I believe we can begin to serve more students more effectively and with much less duplication. SB 1981 - Nejedly Enacts the Nejedly-Ragley-E'berg Suisun Marsh Preser- Chapter 1486 vation Act of 1974. The bill appropriates $4,190,000 for the purposes of the act from specified sources to the Department of Fish and Game, the San Francisco Bay Conservation and Development Commission, and the Wildlife Conservation Board in accordance with a specified schedule. The bill becomes effective immediately. REASON FOR REDUCTION ON NEXT PAGE -3- #575 EASON FOR REDUCTION OF SB 1981: I am reducing the appropriation contained in Section 2 of Senate Bill No. 1981 from $4,190,000 to $190,000 by deleting the following subparagraphs. (c) From the Bagley Conservation Fund, pursuant to the provisions of Item 383.5 of the Budget Act of 1975 (Chapter 375 of the Statutes of 1974), to the Wildlife Conservation Board 2,000,000 (d) From the funds remaining in the Bagley Conservation Fund after the expenditure of those sums actually required to implement the programs funded by Item 318.2 of the Budget Act of 1972 and by Item 350 of the Budget Act of 1973, as determined by the Director of Finance, to the Wildlife Conservation Board 2,000,000 The funding provided in (c) and (d) is unnecessary as I have already approved other legislation which provides funding for this project. GOVERNOR RONALD REAGAN TODAY SIGNED THE FOLLOWING BILLS WITH DELETIONS INDICATED: AB 1365 - Quimby Provides unemployment insurance coverage to nonteach- Chapter 1490 ing personnel at state special schools on same basis as other state employees. The bill appropriates $25,000 to the Department of Education for purposes of the act. The changes made by the bill become effective on January 1. 1975. REASON I am deleting the $25,000 appropriation con- tained in Section 3 of Assembly Bill No. 1365. State agencies are self-insured for the purpose of unemployment insurance coverage. Therefore, a special appropriation is unnecessary. AB 1413 - Russell Requires the Department of Parks and Recreation to Chapter 1491 under take a feasibility and general development study for described lands in Los Angeles County for a state reserve for the preservation of the native poppy, and to submit its findings and recommendations to the Legislature no later than January 1, 1975. Appropriates $15,000 from the Bagley Conservation Fund to the department for such purposes. REASON: I am deleting the $15,000 appropriation contained in Section 3 of Assembly Bill No. 1413. I have been assured that the Department of Parks and Recreation has sufficient resources within its existing budget to undertake the study required by the bill. SB 1599 - Carpenter Requires the Superintendent of Public Instruction wit Chapter 1485 the approval of the State Board of Education to plan and develop a one-semester instructional program re consumer economics for use in schools maintaining any of grades 7 through 12. Requires the Superinten- dent of Public Instruction to appoint an advisory committee to facilitate the development of the con- sumer economics program. Appropriates $100,000 from the General Fund to Department of Education for the purposes of this act. The bill becomes effective on January 1, 1975. REASON FOR DELETION ON NEXT PAGE EASON FOR DELETION-SB 1599: #575 I am deleting the $100,000 appropriations contained in Section 2 of Senate Bill No. 1599. State funds to support a consumer economics instruc- tional program do not appear to be necessary because the Department of Education has a significant amount of resources dedicated to the consumer economics arcas. These resources can be used to develop the one-semester course. SB 2100 - Deukmejian Authorizes the Department of the Youth Authority to pter 1488 establish standards for and to share in the cost of the establishment and operation of youth service bureaus by any public or private organization and appropriates $2,481,000 to the department for such purpose. Requires the department to seek advice from specified persons in the development of such standards. The changes made by this bill become effective January 1, 1975. EASON: I am deleting the $2,481,000 appropriation contained in Section 4 of Senate Bill No. 2100. This bill will become operative on July 1, 1975. For this reason, necessary funding to support the establishment and operation of youth service bureaus should be included as a part of the normal budgetary process for the 1975-76 fiscal year. AB 2260 - Z'berg Provides for temporary justice court judgeships to Chapter 1493 meet the criminal caseload necessitated by the California Supreme Court decision in Gordon V. Justice Court. The bill appropriates $810,000 from the General Fund for the purposes of the act. The bill becomes operative on January 7. 1975, or on the date that the decision in Gordon v. Justice Court is final for all purposes, whichever is later. REASON: I am deleting the $810,000 appropriation contained in Section 2 of Assembly Bill No. 2260. This bill provides an interim solution to a judicially caused criminal caseload problem in certain justice courts. The California Supreme Court in Gordon V. Justice Court decided that nonattorney justice court judges cannot handle criminal cases involving potential jail sentences. In my opinion, this is bad law on the merits and a clear example of judicial legislation; in fact, this court solution has been rejected by the Legislature numerous times. The Attorney General has informed me that he will be asking for a review of this case by the United States Supreme Court; I trust that court will reverse this decision. As of August 1, 1974, there were only 82 attorney judges of a potential 213 justice court judge positions. The substantive provisions of this bill will not be implemented until final review by the United States Supreme Court and are not effective after January 2, 1977. Because of this timeframe, it is doubtful that this solution will ever be utilized; therefore, I am deleting the money appropriated for that purpose. If the U.S. Supreme Court affirms the California decision, this interim structural solution is available; the Legislature can then appropriate the money or money in the budget for assignment of judges can be used. -5- #575 AB 2599 (NLanterman) Continues the SHARE program on permanent basis, Chapter 1495 expands the program statewide, mundates the State to 50% funding of the program; requires the Legis- latáve Analyst to conduct an evaluation of the projects and report to the Legislature on 1-25-76; and appropriates $250,000 to the Department of Education to fund the program. Bill takes effect immediately. EASON: I am deleting the $250,000 appropriation con- tained in Section 5 of Assembly Bill No. 2599. State funding of the Operation SHARE Pilot Project was intended only to demonstrate its desirability to local school districts. The objectives of the pilot project have been achieved. The results of the project are available to local school districts who wish to implement or continue this type of program. AB 3506 - Chappie Requires the California Highway Patrol Chapter 1498 in cooperation with the Department of Motor Vehicles and the Department of Parks and Recreation to prepare and submit to the Legislature no later than July 1, 1975, suggested provisions for an "Off-Highway Vehicle Code, and suggested revisions of the Vehicle Code and the Public Resources Code consistent with the development of an "Off-Highway Vehicle Code". The bill appropriates $25,000 to the Department of the California Highway Patrol from the Off-Highway Vehicle Fund to carry out provisions of the act. The bill becomes effective immediately. EASON: I am deleting the $25,000 appropriation contained in Section 2 of Assembly Bill No. 3506. I have been advised by the California High- way Patrol that the expense involved in the development of an Off-Highway Vehicle Code can be absorbed within the existing depart- mental budget. AB 4238 - Chacon Requires Superintendent of Public Instruction, in Chapter 1500 cooperation with Director of Employment Development and Chancellor of California Community Colleges to establish in Department of Education a vocational manpower management information system to provide educators, students, and manpower planners in the state's vocational planning areas, standard metro- politan statistical areas, and other geographical areas in the state with specified statistical data and other information re to the labor market. Appropriates $300,000 to Superintendent of Public Instruction for expenditure in fiscalyear 1974-75 for purposes of this act. The bill becomes effective on January 1, 1975. EASON: I am deleting the $300,000 appropriation contained in Section 2 of Assembly Bill No. 4238. The U. S. Department of Labor has recently announced that it will be making funds available to states for the development of occupational information systems. It is anticipated that California's share will exceed the amount included in this legislation. # # # # # # -6- Walthall FICE OF GOVERNOR RONALD GAN RELEASE: mmediate Sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #576 Governor Ronald Reagan today announced the following bills have been vetoed: SB 1804 - Grunsky Increases the retirement allowance of local miscell- aneous members and school members of the Public Employees' Retirement System who retired before July 1, 1971, and allowance of survivors of retired members who died before that date. $3,600,000 is appropriated to reimburse local entities for mandated costs. The changes made by this bill become effective January 1, 1975. I do, however, disagree with the requirement that the state pay EASON the cost of this benefit. I feel that the cost should properly FOR be borne by local government and local school districts. A ETO: better approach would be to give local government the authority to determine the level of benefits commensurate with their budgetary ability. SB 1808 (Alquist) Requires that material in personnel file of academic and nonacademic employees of the State Colleges be available to the employee for inspection. Excludes material obtained prior to employment. Prohibits entering derogatory material in the file without giving the employee the right to review the material and attach his own statement to the material. Give each State College president the right to deter- mine which material is to be considered derogatory. Bill becomes effective January 1. 1975. REASON FOR VETO: SB 1808 would undermine the principles of confidentiality in the personnel review process. Confidentiality of peer judgment is a long-established and :cepted practice in the academic world. SB 1808 would make it impossible _or the California State University and Colleges to solicit candid and honest evaluations, on a confidential basis, when a faculty member is being reviewed for retention, tenure, or promotion. I support a system of openfiles that would protect a faculty member's right to rebut defamatory or malicious allegations. It is not necessary, however, to eliminate confidentiality of personnel evaluations to protect these rights. The Trustees of the California State University and Colleges have the author- ity to adopt the policy and procedures relative to the handling of employee personnel documents. I am writing to the Chairman of the Board of Trustees today, urging him to take appropriate action in this area. SB 1847 (Moscone) Provides that Board of Supervisors of the City and County of San Francisco may disapprove of conversion from occupied apartment houses to condominiums of 1,000 units or more if adequate replacement housing is not available for the tenants displaced. REASON SB 1847 would have the effect of authorizing the City and County of San FOR Francisco to redirect the investment of local developers and owners of VETO: apartment houses, who wish to convert their properties to a dwelling ownership project, to a legislatively ordained maintenance of a large pool of rental housing. Further, the bill infers that local authority of any city or county may disapprove a condominium or community apartment house project without restriction. This could work to the disadvantage of the general public. 1 #576 SB 1880 - Roberti Creates in the Division of World Trade, Department of Commerce, the positions of world trade specialist and world trade specialist assistant until June 30, 1976, at which time the provisions of the act are repealed. The changes made by this bill become effective January 1, 1975. This legislation constitutes an expansion of program and the REASON establishment of new positions which more appropriately should FOR be handled as part of the normal budget process. It does not VETO: seem wise to ask the State Personnel Board to create such specialized positions as those proposed by SB 1880 and establish eligible lists until the necessary budget decisions are made by both the Administration and the Legislature. SB 1886 (Alquist) Terminates the counties' share toward the cost of state supplementary aid after the 1978-79 fiscal year and each year prior to such fiscal year gradually reduces the county share and provides for a pro- portionate reduction in local property tax rates. Continuing the policy of the counties' participation in the funding REASON of the adult categorical aids, as they had prior to the implementa- FOR tion of the State Supplemental Program, was an essential component VETO: of the funding arrangements that established California's benefit levels for the aged, blind and disabled, which are among the highest in the nation. In recognition that counties have limited abilities to secure addi- tional revenue, the counties' share of costs are limited to the cost that the counties would have experienced had the benefit levels remained unchanged. An additional safeguard was extended to the counties in that their cost will increase only if there is an increase in the counties' assessed valuation. Therefore, the burden of funding the markedly increased benefit levels and all additional future increases falls on the state's General Fund. In view of the existing fiscal safeguards already extended to the counties and the significant current and future increase in General Fund costs, I do not agree that this additional burden should be placed on the General Fund. SB 1921 date Kennick Requires that the maintenance need for Aged, Bling, and Disabled Medically Needy persons be raised from the present level to the maximum grant level for the corresponding cash grant program. The changes made by this bill become effective January 1, 1975. REASON Federal regulations governing the Medicaid program have established FOR the maximum maintenance need in the Medically Needy program. VETO: The Department of Health has set the maintenance need in the Medically Needy program at this maximum level. While it would be permissible to set a level higher than the federal maximum, such action would prove extremely costly to the state. Any amount over the federal maximum would not be shared with the federal government and the state would bear the full cost of medical care in excess of the federal maximum. Since all other persons not covered by Medi-Cal are provided medical services under other programs, I am returning the bill unsigned. SB 1939 (Nejedly) Requires that the Department of Corrections convert a minimum of two-thirds of the Correctional Officer positions that become vacant during 1975-76 to Correctional Program Supervisors and specifies their training. - 2 - #576 SB 1939 No legislation is needed to convert Correctional Officer positions to REASON the higher-paying, combination custody and casework Correctional Program FOR Supervisor positions nor to train them. The extent and timing of conversion is a budgetary matter that should be considered in that process and weighed against other priorities at that time, not decided in advance. Furthermore, the arbitrary conversion formula would be awkward to administer since the Correctional Program Supervisors function efficiently only in units. Scattering them through the system would not only be inefficient, but would create morale problems. SB 1940 - Nejedly Requires personnel of correctional personnel of Department of Corrections and Department of the Youth Authority to receive training as specified. The bill becomes effective on January 1, 1975. REASON While additional training for correctional personnel is desirable, FOR no legislation is needed to provide it. Especially not needed is VETO: legislation that shackles the Administration to rigid specifics. What is necessary is an increase in appropriations. That is a budgetary matter and should be considered at the appropriate time and in the full context of the fiscal resources available and the priorities for expenditure. SB 1954 - Berryhill Requires the State Forester to enter into cooperative fire protection agreements with any county which so requests. Authorizes the State Forester to man and operate such fire stations statewide, as he deems necessary to provide the best possible fire protection without reducing the Division of Forestry's efficiency or striking force in its primary mission of wildland fire protection. The bill becomes effective on January 1, 1975. REASON Under the provisions of this bill, rural and suburban counties FOR would pay only for that time during which state personnel were VETO: responding to a fire call. The State, rather than the counties involved, would have to pay for stand-by time. I do not believe that urban taxpayers should be required to sub- sidize fire protection service in areas historically supported by local districts. SB 1970 - Wedworth Includes outpatient services of a chiropractor within the supplemental schedule of Medi-Cal benefits. The bill provides that beneficiaries may obtain the services of a chiropractor without the written pre- scription of a physician. The bill becomes effective on Jamuary 1, 1975. REASON The present Medi-Cal program permits each beneficiary to receive FOR up to two chiropractic services each month. The beneficiary VETO: does not need a physician's prescription to obtain chiropractic services. In addition, this bill would override one of the program controls contained in the Medi-Cal Reform Act. These controls were implemented to curb the rapidly increasing costs of the Medi-Cal program. Medi-Cal provides adequate coverage of health care services (including chiropractic services) for Medi-Cal bene- ficiaries. Passage of this bill would serve primarily to benefit chiropractors without affording Medi-Cal beneficiaries any greater availability to health care services. - 3 - #576 SB 1983 (Alquist) Requires the Commission of Housing and Community Development to adopt regulations to require local governments to require by ordinance a geologic report as a condition of approval of subdivisions which are "likely to be affected by hazardous or potentially hazardous geologic conditions". The report would be prepared or approved by a geologist who is registered by the state and certified in engineering geology. If the report indicated geologic problems at the site, corrective procedures would be designed and incorporated into dwellings built there. Several local governments have independently enacted ordinances ASON with similar intent. Local general plans are required to include FOR a seismic safety element to identify and appraise seismic hazard VETO: areas and take them into account in the local planning process. It seems to me, therefore, that this is appropriately a local question, and that local administrative resources and precedents for action already exist. I see no need for state preemption. A state requirement of this nature would also introduce an additional, unpredictable cost factor into homebuilding, because there are only about a thousand certified engineering geologists in the state, and several counties have none in residence. SB 1995 (Robbins) Permits private persons who are injured by air pollution law violations to seek an injunction if they can show lack of adequate legal remedy or irreparable damage or loss. REASON Although this bill was intended to extend the standing to sue, FOR currently placed only with the Attorney General, to individuals VETO: actually injured by the activities of persons violating air pollu- tion laws, it contains several serious deficiencies which make the bill unworkable. The bill attempts to establish the criteria to identify grounds on which an individual may bring suit but lacks definition of terminology which would establish the kind of or degree of injury envisioned by the bill. The bill is also technically deficient in its construction which, in effect, causes the language to be so ambiguous and vague as to render its intent uncertain and very likely undeterminable. SB 2014 - Harmer Would provide for in-service training programs for certificated employees of school districts. The bill makes a General Fund appropriation of $100,000. The bill becomes effective on January 1, 1975. For the past five years, the state has provided funding for pilot REASON FOR projects concerning in-service training for school district employees. VETO: These projects were designed, established, and operated for the purpose of formulating guidelines for programs that were to be adopted and funded by participating districts. Further, state participation should await a complete evaluation of the effectiveness of these projects. SB 2093 (Petris) Reestablishes the California Low Income Home Manage- ment Training Program with an appropriation of $200,000, to be administered by the Division of Research and Assistance of the Department of Housing and Community Development. The director of the department is authorized to make grants to housing authorities, nonprofit organizations or developers of federally subsidized low income housing, for the establishment of local training programs. - 4 - #576 SB 2093 The final report on the demonstration program, which terminated on REASON June 30, 1974, does not recommend reviving it with state funding for FOR these reasons: VETO: 1. The decline in new subsidized households means a decline in potential clientele for the program. 2. The community development block grant provisions of the Federal Housing and Community Development Act of 1974 will permit funding the program locally if local priorities agree. Community Development Departments now being formed in many communities are appropriate centers of action. 3. The problems addressed by low income home management training are related to federal programs. The state should not take on the burdens of these programs when they are losing active support at the federal level. SB 2096 - Grunsky Provides for payment by the Department of Finance of an amount equal to 7 percent of county expenditures for public defenders rather than not to exceed 10 percent of those expenditures. The changes made by this bill become effective January 1, 1975. I am returning without my signature Senate Bill No. 2096 REASON entitled, "An act to amend Section 987.6 of the Penal FOR Code, relating to costs of counsel." VETO: This bill would provide for payment by the Department of Finance of an amount equal to seven percent of county expenditures for public defenders rather than not to exceed ten percent of those expenditures. The Supplementary Report of the Committee on the Confer- ence for the 1974-75 Budget recommended that the Depart- ment of Finance conduct a study of county needs and proper state funding. Until such study is completed, action should be deferred on proposals of this type. BB 2117 (Moscone) Exempts the performance of acupuncture or moxibustion by an unlicensed person from the Medical Practice Act, until July 1, 1976, when performed on the basis of a written referral from a licensed physician or dentist. Restricts performance of acupuncture to the extent of diagnosis contained in a written referral to be made only by persons, as specified. Prohibits licensed dentist, dental corporation, licensed physician, group of physicians, or medical corporation from sharing in any fee charged by a person for performing acupuncture upon the referral of such person, group or corporation and prohibits such person, group or corporation from employing more than one person to perform acupuncture services. Specifies to whom referrals may be made for the per- formance of acupunctures. Creates an Acupuncture Advisory Board within the Board of Medical Examiners to be appointed by the Governor. Requires the Board of Medical Examiners, upon recom- mendations of the advisory board, to establish standards, tests and experience required for the issuance of an acupuncturist certificate and, com- mencing July 1, 1976, to issue such certificate to qualified persons. - 5 - #576 B 2117 At the present time several research projects are being carried EASON out in conjunction with leading medical schools in California FOR as well as other parts of the nation. Until these research ETO: projects are completed and information provided on the scope and conditions under which ecupuncture may be utilized and the minimum skills and other requirements a certified acupuncturist must have to perform his art, I believe it is unwise for the state to enter into this field. 2118 - Moscone Enacts the Duffy-Song-Moscone Acupuncture Act which authorizes the practice of acupuncture, alone or in conjunction with other forms of traditional Chinese medicine, by unlicensed persons for the primary purpose of scientific investigation if such procedures are performed on the basis of the diagnosis and writ- ten referral of licensed dentist or physician and surgeon and other specified conditions are satisfied. The bill becomes effective on January 1, 1975. I am returning without my signature Senate Bill No. 2118 REASON entitled, "An act to add Sections 1626.5 and 2145.3 to, FOR and to repcal Sections 1626.5 and 2145.3 of, the Business VETO: and Professions Code, relating to acupuncture." This bill would permit unlicensed and unregulated persons, regardless of training, to perform acupuncture upon the written referral of a doctor or dentist. It does not contain any controls or qualifications to insure the quality of the acupuncture practitioner, therefore creating an unnecessary risk to the members of the public who might receive such treatment. Present law now permits safe and orderly research in the field of acupuncture in approved medical schools. If it is the desire to expand existing programs beyond medical schools, then standards to insure quality of acupuncturists must be developed. In addition, research procedures should be outlined in any such legislation so that valid data can be compiled and made available to the medical community. SB 2176 (Moscone) Expresses legislative intent re the assisting of governing boards of school districts in taking affirmative steps in order to rectify language deficiency of limited-English-speaking and non- English-speaking pupils enrolled in public schools. Appropriates $45,495,000 to the Department of Education and the State Scholarship and Loan Com- mission, as scheduled, for purposes of the Bilingual Education Act of 1972 and the Bilingual-Crosscultural Teacher Preparation and Training Act of 1973. REASON Funds made available for Bilingual Programs should be used for FOR start up costs as provided by the Bilingual Education Act of VETO: 1972. Future funding for Bilingual programs should be met through existing categorical funding sources with a requirement that some portion of these funds be used solely for bilingual education. This bill further proposes to appropriate funds for the purposes of grants pursuant to the Bilingual-Crosscultural Teacher Preparation and Training Act of 1973 (SB 1335). I feel there are sufficient funds available to enable bilingual aides to continue their education without creating a new grant award system. Furthermore, the higher education segments should develop programs for training bilingual teachers without further financial incentives from the state. - 6 - #576 SB 2214 (Marks) Requires the Department of Housing and Community Development to complete the California Statewide Housing Element on or before March 1, 1975. The bill revises the required contents of the California Statewide Housing Element and requires the depart- ment to annually update and revise it as prescribed. REASON I am vetoing this bill at the request of the League of California Cities FOR who feel that at a time when cities are trying to analyze and evaluate VETO: their new relationships under the recently enacted U.S. Housing and Community Development Act of 1974, it would be particularly undesirabl to inject changes in existing state-local relationships as proposed by this bill. It would only serve to delay and confuse local efforts to fully utilize the new federal legislation. SB 2222 - Petris Permits convicted felon who was placed on probation and who has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, to apply for a certificate of rehabilitation and pardon. Requires probation officer to inform proba- tioners involved of right to petition for, and of procedure for filing petition for, and obtaining a certificate of rehabilitation and pardon. The bill becomeseffective on January 1. 1975. REASON This bill would add considerable unnecessary cost to the state FOR because of the required processing of requests for certificates VETO: of rehabilitation and subsequent Governor's pardons by probationers. The provisions of Section 1203.4 of the Penal Code permit the court to enter a not guilty plea upon the successful completion of probation by an individual and dismiss the information. This is a much simpler method than the costly and time-consuming processing of certificates of rehabilitation and pardons which is used in the case of persons who have been committed to state prison and who have subsequently become law-abiding citizens of our community. SB 2228 - Zenovich Allows the governing board of a school district to authorise the conversion of earned and unused sick leave into a cash lump aum or equivalent paid leave to classified employees at termination of employment or for reasons other than retirement, and exempts school districts authorizing such conversion from other specified retirement credit procedures. The bill becomes effective immediately. REASON I have already approved AB 2926, a more reasonable bill which is FOR consistent with the conversion of unused sick leave to additional VETO: retirement credit at the time a classified employee retires. This benefit now exists for certificated school employees and for state civil service employees. Senate Bill No. 2228 would require a school district to grant a cash "bonus" or severance payment to any classified school employee who resigns from his employment - for any reason - prior to his normal retirement. No other group of public employees in Cali- fornia has this type of an arrangement. This measure would establish a totally unacceptable and undesirable precedent as to the use of unused sick leave. SB 2230 (Nejedly) Limits the maximum assessment fee on sales of registered and labeled economic poison that a registrant is required to pay to the Director of Food and Agriculture. The bill makes a legislative declaration that the cost of the provisions relating to the sale use of pesticides and worker safety shall be funded in the same manner as other worker safety programs. It provides for method of apportionment to the counties of any funds appropriated for the administration and enforcement of such provisions. #576 SB 2230 I veto this measure reluctantly. Although the bill has many REASON desirable features, it contains provisions relative to the funding FOR of farm workers' safety regulations that are so vague and uncertain VETO: as to compound, rather than clarify, the confusion presently surrounding this subject. There is a need to make most effective use of the state and local government capabilities for regulation enforcement and not create duplicative bodies by the allocation of funds. Therefore, I would encourage the author of this bill to introduce legislation next year which will provide this capability. SB 2242 (Roberti) Requires the Board of Medical Examiners to issue a physician's and surgeon's certificate, without examination to anyone who meets specified require- ments. Provides for the issuance of a physician's and sur- geon's certificate to an out-of-state physican meeting specified requirements. Provides the act to be operative Until December 31, 1975. REASON It is my understanding that the bill is designed to meet FOR the particular needs of three individuals who are unable VETO: or unwilling to meet the regular requirements. Variously, as to these individuals, it would allow qualification through an oral rather than a written examination, excuse compliance with a requirement of graduation from a school approved by the Board and a requirement of hospital train- ing in the United States, and recognize licensure in another state without requiring that the examination taken in such state be equivalent to the one required in Cali- fornia. The Board of Medical Examiners has informed me that in its opinion the requirements the bill prescribes are not sufficient to assure protection of the California public. SB 2260 (Petris) Provides that with respect to a person whose appoint- ment is subject to Senate confirmation, such person may take the oath of office only upon submission of the appointment to the Senate for confirmation. The bill specifies, with respect to public officers and employees, certain events which cause an office to become vacant. The bill also prohibits the delegation of specified powers by the secretaries of various state agencies. REASON The provisions of this bill, particularly as they relate FOR to the delegation of powers by agency secretaries, con- VETO: stitute an unwarranted interference with the Governor's authority to manage the Executive Branch of State Govern- ment. SB 2262 (Moscone) Provides that compensation of legislative committee reporters shall be the same as that paid official reporters pro tempore in the county in which the proceedings are held. Specifies copy. rate for transcribing original and one REASON I am returning this bill unsigned since it provides for FOR the payment of a transcription fee which is substantially VETO: higher than that paid to reporters pro tempore. I know of no justification for the payment of a transcription fee at this increased rate. #### TTPUOTEM - 8 - OFFICE OF GOVERNOR RONALI EAGAN RELEASE: Immediate Sacramento, California 95014 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #577 Governor Ronald Reagan today announced the following bills have been vetoed: 2275 - Roberti Prohibits commercially printed residential lease forms from containing provisions that are void or unenforceable. Provides that a consumer who executes a commercially printed lease form which contains a void or unenforcible provision would be entitled to recover from the printer three times his actual damages, or court costs, attorney's fees, and $100, whichever is greater. This bill would impose civil liabilities on commercial REASON printers of residential lease forms which contain void FOR or unenforceable provisions while exempting from such VETO: liabilities the reproduction or sale of such forms by others. This bill attempts to solve problems arising out of the landlord-tenant relationship by imposing an almost impossible legal burden on commercial printers. Further- more, the exemptions contained in the bill appear to effectively nullify its intent. This measure needs further legislative review. SB 2310- Behr Provides special allowances to local educational agencies for student attendance in environmental education programs. The changes made by this bill become effective January 1, 1975. REASON Existing law authorizes local school boards to operate environ- FOR mental education programs for kindergarten through 12th grade VETO: students with state support in the form of ADA. I am not aware of any factors which would justify giving this program priority over the needs of other educational programs. SB 2322 - Dills Requires the Department of General Services to pub- lish a bulletin containing information regarding procurement and contracting activities of all state agencies. Provides that the bulletin be published bi-weekly and that a subscription fee be set for the bulletin sufficient to provide for expenses incurred in the program. Requires state agencies to prepare synopses of all proposed procurements and contracts. Also requires state agencies to prepare synopses of proposed awards of contracts and forward them to Department of General Services. Appropriates $263,229 from the General Fund to the Service Revolving Fund. The bill becomes effective on January 1, 1975. REASON While I agree with the intent to aid small and disadvantaged businesses FOR in obtaining a proportionate share of state business, I feel this bill VFTO: is somewhat premature and may not benefit those businesses it was designed to assist. It is estimated the annual cost of publishing the bulletin would exceed one million dollars. It is doubtful enough subscribers could be found to enable the Department of General Services to set a subscription fee that would not be prohibitive to the subscribing businesses. The Office of Small Business Procurements and Contracts was created by AB 1816 within the Department of General Services on January 1, 1974. This office was charged specifically with working with appropriate state, federal and private organizations in disseminating information on bidding procedures and the opportunities of small businesses for state contracts. It was also charged with assisting small businesses in complying with the procedures for bidding on state contracts. This office is to submit to the Legislature, no later than January 1, 1976, a comprehensive evaluation of the program with recommendations for modification and expansion. I feel the enactment of this bill would be premature to the report of the Office of Small Business. 1 #577 SB 2323 (Beilenson) Establishes pilot projects during the 1975-76 fiscal year in three counties whereby Department of Benefit Payments and the Department of Health is required to contract with the Employment Development Department to supervise the county welfare department's administration of the determination of eligibility, computation and payment of the aid grant and provision of social services for unemployed parents of recipients of aid to families with dependent children, sub- ject to the regulations of the appropriate department and provides for reports to the Legislature on such projects. REASON The concept intended to be tested under this project is one which FOR has been considered and rejected in the past by the departments VETO: affected. It is agreed that implementing this concept would bifurcate the control over welfare program administration and result in non-uniform administration of welfare payments and services. I am aware that the Legislative Analyst has recommended a project similar to that proposed by this bill. In recognition of his recommendation, I have asked the departments affected by the proposal to look into the matter again in terms of any benefits that might be derived from such a proposal. Until this action is completed, I see no justification for changing my position. SB 2327 (Moscone) Authorizes the State Department of Health to extend for years dates regarding substantial progress and completion of specified hospital facilities not meeting prescribed comprehensive health planning requirements, where delay has resulted from the death of the original applicant or litigation concerning control of the license and title to the real property. REASON Adequate time to attain substantial construction progress has already been afforded applicants who were considering construction VL_O: in 1970 when the law was enacted. The present statutes have allowed these applicants four years to attain substantial construction progress. If an applicant has not been able to attain substantial construction progress in four years, the applicant should be reviewed for need by the voluntary health planning agency the same as a new applicant. SB 2328 - Mescone Provides Indian health services and the financial training and technical assistance to urban and rural Indian health programs. The bill appropriates $1,000,000 without regard to fiscal years from the General Fund to the Department of Health and provides that the program established by this bill shall in subsequent years be funded according to customary budget procedures. The changes made by this bill become effective January 1, 1975. EA- The bill would provide funds for services already available to Indians. SON Approximately $2,000,000 of federal funds are spent annually for health FOR services for rural Indians in California. In addition, funds are budgeted ETO: for California's Indians to promote basic health care and to increase the number of health aides. Also, medical services are provided through the Medi-Cal program which provides a wide range of health services for needy Indians in both urban and rural areas. Further, the State Department of Health already maintains a program for the health and care of Indian families pursuant to Article 17, Section 429.30 and 429.31 of the Health and Welfare Code. In view of the programs that already exist, I find no justification to implement a new program which would duplicate existing programs. A better approach would be to coordinate existing programs to ensure an appropriate level of services. - 2 - #577 2336 - Mills Requires Superintendent of Public Instruction to make allowances to school districts and county superinten- dents of schools for cost of transporting certain mentally retarded pupils, where the districts and county superintendents are not receiving funds for the transportation of such pupils. Specifies method for computing such allowances and limits amount of funds made available to $500,000 in any fiscal year. The bill becomes effective on January 1. 1975. State transportation allowances to local school districts currently REASON cover expenses for educable mentally retarded students in districts FOR eligible for this allowance. A district is not eligible for state ETO funding if it can generate enough money to cover these transportation costs with a minimal tax increase as established under current law. Districts not qualifying for state funds can and should use their own resources to provide transportation to school for these pupils. SB 2344 - Short Creates the Industrial Relations Unpaid Wage Fund and authorizes the Labor Commissioner to reimburse unpaid workers from the fund when wages are uncollectible from their former employer. The bill permits the Labor Commissioner to collect unpaid wages on behalf of affected workers. It requires that wages so col- lected be deposited in a trust account in the Unpaid Wage Fund, pending location of affected workers. The bill becomes effective on January 1, 1975. REASON Meritorious as the concept appears to be, SB 2344 would place yet FOR another underfunded program into the statutes. Uncollectible VETO: wages approximate $2 million annually, while the revenue to the Unpaid Wage Fund is projected at $100,000. It would be a cruel hoax on California's workers for their state government to under- take a program which holds out a promise which could not possibly be fulfilled. SB 2380 (Beilenson) Requires the Department of Consumer Affairs to establish a pilot study to develop methods of train- ing and retraining mechanics and the evaluation of mechanics for the performance of work for safe, low- emission, low-noise automobiles. The bill makes a $25,000 appropriation from Automotive Repair Fund to carry out its provisions. REASON Although designated a "pilot" study, the study is expressly FOR required to "be compatible with, and should be designed to VETO: be the first phase of, a recommended total implementation program for automotive repair and maintenance and a mechanic training and certification program". In essence, therefore, the bill constitutes an advance determination that the state should embark upon a questionable program of indeterminate form, size, and expense to the taxpayers. I regard this as an unsound approach to legislation in this important area and, accordingly, I am returning the bill unsigned. SB 2414 (Marks) Adds medical and psychiatric social services to the Medi-Cal basic schedule of out-patient benefits if provided through an affiliation with a clinic or hospital. REASON Currently, there are provisions in the Medi-Cal program to insure FOR that beneficiaries have available all necessary social services. VETO: Such services are available on an "as needed" basis to Medi-Cal beneficiaries through county welfare departments, home health agencies, county mental health programs, and the State Department of Health's Community Services Section. The Medi-Cal program reimburses the county agencies and home health agencies for the social services they provide to Medi-Cal beneficiaries. This bill is unnecessary and would serve only to benefit social workers without providing any greater availability of social services to Medi-Cal beneficiaries. OFFICE OF GOVERNOR RONALD REAGAN RELEASE: Immediate Sacramento, California 95814 Clyde Walthall, Press Secretary 916-445-4571 9-27-74 #578 Governor Fonald Reagan today announced the following bills have been signed: AB 3116 - Johnson, R. Authorizes the Chancellor of the California State University and Colleges to develop a program of fiscal support, and requires the chancellor to consult with prescribed organizations regarding such program. Specifies that act shall not become operative unless funds are appropriated to meet the instructionally related needs of the campuses of the state university and colleges Appropriates $2,600,000 to the Trustees of the California State University and Colleges for funding instructionally related activities pursuant to this act. SB 1758 - Schrade Would revise qualifying criteria for membership on the Commission on Peace Officer Standards and Training. ###### Walthall