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Releases - Bills Signed and Vetoed 1974 [09/27/1974-12/31/1974]
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Releases - Bills Signed and Vetoed 1974 [09/27/1974-12/31/1974]
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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: Releases - Bills Signed and Vetoed 1974
[09/27/1974-12/31/1974]
Box: P24
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
#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 GOVERNOR ONALD REAGAN
RELEA
:
FRIDAY P.Ms.
Sacramento, California 95814
SEPTEMBER 27, 1974
Clyde Walthall, Press Secretary
916-445-4571
9-27-74
#553
1559
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.
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
MEMO TO THE PRESS
Sacramento, California 95814
Ciyde 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 & 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 lieu 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' Refirement
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 violent 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':
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
successe
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 dafender
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
9-27
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 adjacer to Topanga Canyon State Park in the
siecere
19-27-74
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.
B 3024 - Fong
Requires by December 31, 1982, every pay telephone
hapter 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 felonier
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)
Chapter 1452
Permits safety members of the County Employees
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.
B 3094 - Maddy
Provides that the Governor shall prepare and maintain
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 condition
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 specifie
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.
B 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
you 53 9.77
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)
Chapter
1457
Appropriates a sum equal to the annual Federal appro-
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
Chapter
1458
Provides that the Director of the Department of
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
50
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 procedures
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
See
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)
Chapter 1526
Expresses legislative intent regarding equal oppor-
tunities for participation in intercollegiate athletic
programs in the public institutions of higher educa-
tion for male and female students.
# 9.27
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.
B 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
Chapter
1463
Increases the maximum rate of charges which may be
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
Sue
students enrolled in prescribed independent
institutions of collegiate grade level.
591
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 ind 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 on
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 3913 (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 $50,000,000
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
Prohibite 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 DA
Chapter
1477
that is chargeable on Cal-Vet loans, replacing it will
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 contributio
are the same commencing with contributions for servic
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 crows-
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
see
denied for good cause, and requires written informed
consent, as defined, to be secured along with other
* 54.27
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
see
Release 551 9-27
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
+573
Governor Ronald Reagan today signed a Senate bill (SB 1860)
authored by Senator Peter Behr (R-San Rafael) that will train
1573
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
1573
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
Reduction
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 18--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 containe:
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 comprehensiv
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.
50 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 3 (Nejedly) Diclemson
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
Sie lease
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 revenu
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 Janua ry 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 experimantal
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 center
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. Ther
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 AMTRAK contributes a specified por-
tion of the cost. Authorizes the Public Utilities
Commission to give such projects a higher priority
than other non-AMTRAK funded separations.
The bill also provides for demonstration projects for
(1) a passenger interconnection between AMTRAK, BARTI
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
the registered under the Vehicle Code and licensed under
Vehicle License Fee Law from property taxation.
The bill also excludes cranes from provisions of the
permits by the Department of Motor Vehicles for
Vehicle Code which authorize the issuance of one-trip
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.
3B 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
RELEAS
Immediate
Sacramento, California 95814
Clyde Walthall, Press Secretary
916-445-4571
9-27-74
VETOS
#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 disper Quimby
The bill would permit any private providers or local
Chapter
governmental entities to submit a claim to the State
Bca 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
erergency 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
OR 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:
I am returning without my signature Assembly Bill No. 417 entitled,
"An act to amend Sections 19502, 19523, and 19526 of the Revenue
and Texation Code, relating to senior citizens property tax
assistmence":
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.
AB
493
(Quimby) Creates the California Public Telecommunications Council with
Thapter
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.
REASON
I am returning without my signature Assembly Bill No. 493
FOR VETO:
entitled, "An act to add Chapter 9 (commending 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 @ Dunlap
Chapter
Expands the basis for reimbursing counties for child
support activities from the Support Enforcement
Incentive Fund (SEIF).
CASON I am returning without my signature Assembly Bill No. 600 entitled,
)R 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 marijuans. 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 (Ralph)
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 sufficien
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 gratuties 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 Bil No. 791 would make numerot 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 cr 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.' Under such provision
the ways in which the proposed project would foster economic or population
rowth are to be discussed.
Furthermore, 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
passed 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 S of Division 6 of the
Education Code, relating to alternative schools.
This bill would define alternative schools, doclare 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 a) 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 (L. 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.
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Walthall
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OFFICE OF GOVERNOR RONALD
AGAN
RE
ASE:
Immediate
Sacramento, California 95814
Clyde Walthall, Press Secretary
916-445-4571
9-27-74
VETUES
#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.
EASON
I am returning without my signature Assembly Bill No. 1618
OR 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.
EASON
I am returning without my signature Assembly Bill No. 1682 entitled,
DR 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 Mrst 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 ràghts, 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 representatio
meeting and conferring in good faith, resolution of
impasse, and implementing rules.
EASON FOR VETO OF AB 1775:
567
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.
EASON 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 discrimination 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 monvoting 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 & 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 600--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.
EA ,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"
could not be assured of a continuing and constant supply of oil for
cancellation by the state, they would be extremely wary because they
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 inten
to exhibit to any person to include one who is employe
by a person licensed by any city or county acting
within the scope of his employment, who has no financi
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 tha
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-
REASON 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
dayseprior 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, 1 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.
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Walthall
FFICE OF GOVERNOR RONALD
AGAN
RELEA
:
Immediate
acramento, California 95814
lyde Walthall, Press Secretary
16-445-4571
9-27-74
#568
VETOS,
overnor Ronald Reagan today announced that he has vetoed the following bills:
AB 2959 - 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.
IEA JN 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 assure-
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 excrcise 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.
AB 2966 would create a Housing Pinance Corporation "indepen-
dent of all other State agencies". This cussi-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.
#56
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 formatio
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 fror
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 a 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 Nome Building Fund of 1943.
REASON FOR VETO:
Although statutory changes no longer permit this subvention,
the subject monies were properly appropriated during the
stated period and no legal obligation exists to repay the
money. I do not believe it is appropriate to supercede
budgetary priorities agreed upon by the Legislature in each
of the preceeding nine years.
-2-
#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 Januarv 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
Although this is current administrative practice, I
VETO:
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 vould not place any new responsibility on the
counties but reiterates what is already cuisting 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.
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. Further action
on proposals of this type should be deferred until the
study is completed.
AB 3201--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 Sierra 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 wearing 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 as 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.
Although 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 K-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 quidelines 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 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.
#
#
#
#
#
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OFFICE OF GOVERNOR
Sacramento, California $ 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.
6573
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.'
+593
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) 6573
"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 RONALD REAGAN
RELEA
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
559
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
7559
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 RJ GAN
RELEASE
Immediate
acramento, California 95814
lyee Walthall, Press Secretary
16-445-4571
9-27-74
VETOS
#572
overnor Rónald 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 landangs 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 CC
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
JETO:
in attempting to doal 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 deliberately 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 responsibilitios
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 it fails in its final
form to doal adectately with the croses of the problems. A statute
deputy director should not be given authority independent OF there
granted to the director. Assembly Bill 3569 would violate this
principle and could lead to an exaberbation 05 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 premise
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 conter
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
I 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 COS
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
NTINUED:
#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 rerefined 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)
Authorises 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.
A
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.
EASON
To declare residential blight because of environmental noise
OR
levels is a new concept in law, needing careful research and
ETO:
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.
/ETO:
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-
'FICE OF GOVERNOR RONALD
AGAN
RELEA
Immediate
ramento, California 95814
as Walthall, Press Secretary
916-445-4571
9-27-74
#573
Governor 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
VETO:
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 (Pong)
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.
REASON
Proponents support the bill as a cost-saving measure to allow
FOR
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.
REASON
This bill would add certification standards to the Business
FOR
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.
VETO MESSAGE NEXT PAGE
-2-
VETO MESSAGE FOR AB 4186:
#573
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.
..A 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 does 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 peports. 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 40 Wilson
Provides that safety members under the County Employ-
⑉ 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 l lowance 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 consider ed
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 - Warman
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
feview 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 TO 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
organization, (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,
VETO:
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 4480 - Waxman
Requires Board of Medical examiners togarmit 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 as physician's/surgeon's certificate
to anyone meeting specified requirements.
The bill becomes effective immediately.
ASON Variously, as to particular individuals, it would permit qualifica-
tion on the basis of an oral rather than a written examination, excuse
TO:
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.
put
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 1,
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
Sue#569
927
the Crippled Children Services Program. The bill takes
effect immediately.
AB 3401 - Priolo
Chapter 1521
Resppropriates $27,850,000 from the Bagley Conser vation
Fund for land acquisition and development and plan-
Sees71
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 puyable from the State Beach,
Park, Recreational, and Historical Facilities Fund
you
of 1974 to the Department of Parks and Recreation
#571
927
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
Sex
#9-27
Beach and Laguna Beach for the State Park System.
The bill appropriates $7.6 million from the 1974
Park Bond Pund 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 add programs, of
yes
pupils diagnosed as being autistic. The bill directs
the Superintendent of Public Instructionnto annually
this
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 separate eligibility provisions under
Chapter
1531
Medi-Cal for patients needing dialysis and related
services where such patients have a net worth, as
See
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
spewified levels. The bill becomes effective
immediately.
AB 4040 (Lanterman)
Creates pilot project to implement the Master Plan for
Chapter
1532
Special Education (MPSE) in a limited number of
districts and counties during 1975-76, 1976-77 and
See
1977-78.
9-27-74
Creates pilot program for providing educational serv-
ices for individuals with exceptional needs, as define
#
Requires the State Board of Education to establish a
California Master Plan for Special Education. Require
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)
Requires the Superintendent of Public Instruction to
Chapter
1533
establish criteria for the allocation of funds for
speciase
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 Public 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 progra
Chapter
1507
for the medical care of persons with hemophilia. The
bill appropriates $2,000,000 to the Department of
W
Health for carrying out the program.
Walthall
OFFICE OF GOVERNOR RONALD
EAGAN
RELF
E:
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.
EASON
This bill would provide for inclusion in the ballot pamphlet of
1
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-interest 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
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 OF 51 percent, whichever is less, of the federal
service funds, rather than at least 66 percent of the federal
service funds for the fiscal year 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, trecommendation
concerning the social services delivery system. The changes
made by this bill become effective January 1, 1975.
Federal and state funds in the social services program are closed-end
EASON FOR appropriations. It is necessary for all parties concerned to exercise
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 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 Also
Air Pollution Control District to appoint, not later
than March 1. 1975, to the board of directors thereof
an additional board momber for each 250,000 or portio
thereef, of population above 500,000 as measured by t
the last federal decennial census, in that portion of
the county included within the district, and prescrib
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 pounty or city coverning 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 plaming, conservation, and develop-
mental remponsibilitien.
-2-
#574
546 - Alquist
Appropriates $27,000 to the State Controller for
Cont 'd.
allocation and disbursement to local agencies for
costs incurred by them pursuant to this act.
ASON I believe that this proposal would adversely affect the ability of the San Francisco
'OR
Bay Area Air Pollution Control District to continue its effective air pollution
TO:
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.
V
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-
eas in Mayers-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.
LB 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
JETO:
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 $73 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.
I 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 mist
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
ETO:
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
REASON
FOR
California Medical Assistance Program (Medi-Cal). The state has a category
VETO:
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
VETO: 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 85--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 to every family regardless of family income and could
VETO:
cover almost any conceivable service or assistance.
While the bill identifies problem areas brought to light by various
studies involving child abuse, foster care, custodial relincuish-
ment and related areas, I find current reallocation of program
efforts preferable to the mandated redirection and rigidity that
this bill would impose. an example of administrative action alizobity
taken is the rediraction 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
B 1552addiction, psychological dependence, painful withdrawal symptoms, con-
vulsions and death. Therefore, both federal and state laws require
EASON 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.
(no Description available)
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, Provides for
adjustment of minimum allowance for school districts.
Revises foundationpprogras 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
SB 1592
REASON
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.
VETO:
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.
1 find no substantial justification for the State to assume the
REASON
F
financial burdens imposed by this bill.
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.
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Walthall
- 10 -
OFFICE OF GOVERNOR RONALD MAGAN
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.
I
SON:
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 establishment 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
(00) 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), (10m), (nn), (00), 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 entites 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.
REASON:
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 Slementary 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-Bagley-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 Buy Conservation and
Development Commission, and the Wildlife Conservation
Board in accordance with a specified schedule.
The bill becomes effective immediately.
EASON FOR REDUCTION ON NEXT PAGE
-3-
#575
REASON 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 gecommendations 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.
Inhave 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
-4-
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
apter
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.
EASON:
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 (KLanterman)
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-
lative 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 programe Bill takes effect immediately.
ASON:
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.
ASON:
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.
ASON:
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.
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Walthall
FICE OF GOVERNOR RONALD RE GAN
RELEASE:
mediate
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
ccepted practice in the academic world. SB 1808 would make it impossible
jr 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 - Kennick
Requires that the maintenance need for Aged, Blind,
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 Depattment 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.
REASON
For the past five years, the state has provided funding for pilot
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.
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 repeal 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 sum 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.
7
#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.
copy. Specifies 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.
####
TTRUSTEM
- 8 -
OFFICE OF GOVERNOR RONAL
REAGAN
RELEASE:
Immediate
Sacramento, California 9 14
Clyde Walthall, Press Secretary
916-445-4571
9-27-74
#577
Governor Ronald Reagan today announced the following bills have been
vetoed:
83 2275 - Roberti
Prohibits commercially printed residential lease
forms from containing previsions that are void or
menforceable. 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 ALA. 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
JPTO:
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 Ceneral 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.
#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 24 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
FOR
already been afforded applicants who were considering construction
V. ):
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 - Moscone
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.
ON
Approximately $2,000,000 of federal funds are spent annually for health
OR
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
SB 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
Mage 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. Uncollactible
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.
3
#577
SB 2420 Harmer
Provides that University members of the Public Employees'
Retirement System shall receive service credit for unused
sick leave. The bill provides the same benefit to retirees
of the University of California Retirement System. The
bill also appropriates $795,400 to the U.C Regents for
payment of the benefit. The bill takes effect immediately.
1 support the concept of providing credit for unused sick
REASON
leave to University employees, I object to the provision of addi-
FOR
tional state funds.
VETO:
Prior statutes providing this benefit to other public employees were
approved on the basis that no additional state funds were provided,
as there were to be offsetting savings to the State in improved sick
leave management.
SB 2454 (Dymally)
Establishes a four-year demonstration program of
in-service training for urban school administrators.
Programs of participating school agencies would be
operated according to local master plans approved
and supervised by the Department of Education. The
program would be funded by local agencies and through
state appropriations of $150,000 per year for each
of three years.
REASON
I am returning without my signature Senate Bill No. 2454
FOR
entitled, "An act to add and repeal Article 3.7 (commencing
VETO:
with Section 13360.1) of Chapter 2 of Division 10 of the
Education Code, relating to school administrator training,
and making an appropriation therefor."
I believe that a complete review of the present school
administrative preparation and credentialling programs
should be undertaken to assess the possible deficiencies
which are attempted to be solved by this bill, and that
consideration be given to including these requirements
in the regular college and university programs.
I find no justification to support expenditures of state
funds to subsidize school administrators.
SB 2466 - Roberti
Appropriates $3 million from one of three funds to go
toward the purchase of the Pan Pacific property ad-
jacent to the Beverly Boulduard--Fairfax Boulevard
area of Los Angeles. The three sources of funds
available are: (1) the state's portion of the 1974
Park Bond Act; (2) the Bagley Conservation Fund as
authorized by Item 383.5 the Budget : Act of 1974 and
(3) the General Fund.
If a project of this nature is approved, it should be funded
REASON
exclusively through either Section 5096 (a) of the Park Bond
FOR
Fund or from the Bagley Fund for which they were created.
VETO:
I find no justification to use the General Fund as a
guarantor for the two bond funds.
#####
Walthall
- 4 -
OFFICE OF GOVERNOR RONALD REAGAN
RELEASE: Immediate
Sacramento, California 95814
Clyde Walthall, Press Secretary
916-445-4571
9-27-74
#578
Governor Ponald 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
OFFICE OF GOVERNOR RONALD REAGAN
RELEASE: Immediate
Sacramento, California 95814
Clyde Walthall, Press Secretary
916-445-4571
10-10-74
#594
Governor Ronald Reagan today announced that he has signed the following bills:
AB 7 - Wilson
Repeals provisions of the Legislators' Retirement Law
Chapter
relating to retirement regardless of age under condi-
2nd Extraordinary
tions of reapportionment except for those persons
Session
who retired under such conditions prior to Janua xy 3,
1967.
It provides that retirement allowance of elective
officers of theState whose offices are provided by
the Constitution shall be based upon highest compensa
tion received by the officer while serving in such
office and that such change shall not be applicable
to members who are retired on the effective date of
the bill.
The bill also provides benefits for the surviving
spouse and dependent children of any member who would
have been eligible to retire under conditions of
respportionment if the provisions permitting such
retirement had not been repealed.
The bill further provides that cost-of-living adjust-
ment provision relating to increases in cost of livin
since 1954 shall be applicable only to elective
officers of the State whose offices are provided by
the Constitution if they were first elected prior to
January 1, 1966, thereby making a person subsequently
elected to such office subject to provisions for
post-retirement cost-of-living adjustments.
AB 1954 - Waxman
Requires the Board of Medical Examiners to
Chapter 1542
issue a physician's and surgeon's certificate
to anyone meeting specified requirements. The
bill takes effect immediately.
AB 3112 - Keysor
Provides for the use of statistical sampling methods
Chapter
1543
to check signatures on statewide initiative and
referendum petitions. The bill takes effect
immediately.
AB 3411 - Maddy
Increases the salaries of court reporters in Fresno
Chapter 1544
County. The bill takes effect immediately.
SB 2482 - Nejedly
Would effectuate the Federal-State Extended
Chapter 1545
Unemployment Compensation Act of 1970 in
California by extending until April 30, 1975,
the period that such 120 percent "on" or "off"
trigger is removed for such purposes. The
bill takes effect immediately.
########
Walthall
OFFICE OF GOVERNOR RONALD REAGAN
RELEASE: Immediate
Sacramento, California 95814
Clyde Walthall, Press Secretary
916-445-4571
12-10-74
#696
Governor Ronald Reagan today announced the following bill
has been signed:
SB 12 - Song
Amends provisions of 1974 legislation relating
Chapter 1
to the administration of estates involving
community property by deferring the effective
date of such legislation from January 1, 1975
to July 1, 1975.
#####
Walthall
1974
BILLS SIGNED PR's
17
219
382
544
56
221
384
545
59
229
385
546
62
231
463
548
68
246
480
550
93
249
492
551
95
254
499
552
104
263
501
553
119
270
507
554
130
275
508
555
135
285
509
559
138
286
511
560
149
291
520
561
151
295
521
562
155
298
522
563
165
305
523
564
173
308
526
565
180
317
532
566
185
320
533
567
194
329
534
568
198
333
535
569
203
339
536
570
205
341
538
571
206
347
539
572
210
367
540
573
214
379
541
575
542
575
576
577
578
BILLS VETORD PR's
118
320
498
568
160
347
509
570
214
386
566
572
291
400
509
573
295
401
566
574
308
448
567
576
492
577