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Legislative Update 2009

To:                  All CALNENA Members
From:             Warner & Pank, LLC
Date:              October 12, 2009
Re:                 End of Session Report – Chaptered and Vetoed Legislation

We are pleased to present the 2009 Signed and Vetoed bills report. We had a very good year as it relates to protecting the use of SETNA funds and enhancing the emergency number system though CALNENA’s efforts and support for legislation such as AB 912 (Torres).

We offer special thank you to Chris Hinshaw, Michelle Summer and Charlie Cullen for their continued extraordinary efforts in working with us and with the legislature to ensure progress is made in key areas and that problematic bills are either defeated or amended. We are proud of the work we do on your behalf but we know full well without the dedication of these three and the CALNENA board in total, we would only be half of an effective team.

In the final hours on Sunday leading up to the midnight end of session deadline, Governor Schwarzenegger acted on more than 700 bills.  While the threat of a potential blanket veto continued to loom over the weekend, late Sunday night the Governor released a statement citing that enough progress had been made in water negotiations to call a special session on water and confirm that he would in fact weigh all the bills on their merits.

Discussions will likely continue on water, tax commission reforms, and other issues in the coming months although the Legislature does not officially reconvene session until January 4, 2010.

Thank you to the CALNENA membership and everyone who has been involved in legislation. Your engagement and efforts have been integral to our legislative success. Please feel free to contact us at (916) 443-7318 if we can be of assistance.  Thank you for the continued opportunity to serve your interests in and around Sacramento.

Chaptered/Vetoed Legislation

AB 83(Feuer) Torts: personal liability immunity.
Status: 08/06/2009-Chaptered by Secretary of State - Chapter 77, Statutes of 2009.
Is Urgency: Y

2YR/Dead

1st Desk

1st Policy

1st Fiscal

1st Floor

2nd Desk

2nd Policy

2nd Fiscal

2nd Floor

Conf./Conc.

Enrolled

Vetoed

Chaptered

 

Summary: Existing law provides that any person who in good faith, and not for compensation, renders emergency medical care at the scene of an emergency shall not be liable for any civil damages resulting from any act or omission. This bill would instead provide that medical, law enforcement, and emergency personnel who in good faith, and not for compensation, render emergency medical or nonmedical care at the scene of an emergency shall not be liable for any civil damages resulting from any act or omission. This bill contains other related provisions.

Position: No Position

AB 254(Jeffries) Emergency vehicles: payment of tolls: exemptions.
Status: 10/11/2009-Signed by the Governor
Is Urgency: N

2YR/Dead

1st Desk

1st Policy

1st Fiscal

1st Floor

2nd Desk

2nd Policy

2nd Fiscal

2nd Floor

Conf./Conc.

Enrolled

Vetoed

Chaptered

 

Summary:  Under existing law, a vehicle that enters into or upon a vehicular crossing immediately becomes liable for tolls and other charges prescribed by the California Transportation Commission. This bill would, except as specified, exempt authorized emergency vehicles, as defined, from payment of a toll or charge on a vehicular crossing, toll highway, or high-occupancy toll (HOT) lane and any related fines, under specified conditions, including, but not limited to, when the vehicle is being driven while responding to or returning from an urgent or emergency call, engaged in an urgent or emergency response, or engaging in a fire station coverage assignment directly related to an emergency response. This bill contains other related provisions and other existing laws.

Position: No Position

AB 423(Torres) Emergency telephone systems.
Status: 10/11/2009-Vetoed by the Governor
Is Urgency: N

2YR/Dead

1st Desk

1st Policy

1st Fiscal

1st Floor

2nd Desk

2nd Policy

2nd Fiscal

2nd Floor

Conf./Conc.

Enrolled

Vetoed

Chaptered

 

Summary: Existing law, the Warren-911-Emergency Assistance Act, requires the office of the State Chief Information Officer to review and update technical and operational standards for public agency systems in each even-numbered year, after consultation with specified entities and individuals. The bill would require the review and update of technical and operational standards for public agency systems to include standards for recruitment and training of public safety dispatchers. This bill contains other related provisions and other existing laws.

Governor's Message:  I am returning Assembly Bill 423 without my signature. This bill would make additions to the membership of the 911 Advisory Board as well as expand the scope of its mission in the areas of dispatcher recruitment, training, and addressing the needs of non-English speaking callers. While I support the goals of this legislation, this measure would lead to the duplication of efforts that cannot be justified during these difficult financial times. Numerous national organizations, including the Commission on Peace Officer Standards and Training, already offer training for dispatchers. Given the additional costs associated with this measure, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

Position: Support

AB 486(Chesbro) Local government: emergencies.
Status: 06/29/2009-Chaptered by Secretary of State - Chapter No. 6, Statutes of 2009
Is Urgency: N

2YR/Dead

1st Desk

1st Policy

1st Fiscal

1st Floor

2nd Desk

2nd Policy

2nd Fiscal

2nd Floor

Conf./Conc.

Enrolled

Vetoed

Chaptered

 

Summary: Existing law requires a governing body of a city, county, or city and county that declared a local emergency to review the need for continuing the local emergency at its regularly scheduled meetings, but at least every 21 days, or, if the governing body meets weekly, to review the need for continuing the local emergency at least every 14 days, until the local emergency is terminated. This bill would eliminate the distinction between a governing body that meets weekly and nonweekly, and require any governing body to review the continuing need for a local emergency at least once every 30 days until the local emergency is terminated.

Position: No Position

AB 538(Arambula) Emergency telephone system: abuse.
Status: 08/06/2009-Consideration of Governor's veto pending. VETOED
Is Urgency: N

2YR/Dead

1st Desk

1st Policy

1st Fiscal

1st Floor

2nd Desk

2nd Policy

2nd Fiscal

2nd Floor

Conf./Conc.

Enrolled

Vetoed

Chaptered

 

Summary: Under existing law, any person who knowingly allows the use of, or who uses, the 911 telephone system for any reason other than because of an emergency is guilty of an infraction. This bill would authorize an entity that provides emergency medical services to report a violation of this law to the public safety entity that originally received the call. The bill would require the public safety entity originally receiving the call, if the public safety entity has verified that a violation has occurred, to issue the applicable warnings and citations, as specified. By imposing new duties on local officials, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Governor's Message:  I am returning Assembly Bill 538 without my signature. The California Constitution requires the state to reimburse local entities for increased costs associated with any new program or higher level of service imposed by the state on local entities if the Commission on State Mandates determines that the new program or higher level of service is reimbursable and a state mandate. This bill could result in a state-reimbursable mandate by requiring local public safety entities to verify violations and issue citations and warnings. In addition, this bill would also impose new unfunded costs on the California Highway Patrol and could result in redirection of resources from other high priority law enforcement activities. For these reasons I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

Position: Support As Amended

AB 611(Fong) Emergency services: populations with limited English proficiency.
Status: 10/11/2009-Vetoed by the Governor
Is Urgency: N

2YR/Dead

1st Desk

1st Policy

1st Fiscal

1st Floor

2nd Desk

2nd Policy

2nd Fiscal

2nd Floor

Conf./Conc.

Enrolled

Vetoed

Chaptered

 

Summary: Existing law, the California Emergency Services Act, requires the California Emergency Management Agency to coordinate the emergency services of all state agencies in connection with emergencies, and to establish a standardized emergency management system for use by all emergency response agencies. This bill would require the Secretary of California Emergency Management to consider the multiple languages and needs of populations who have limited proficiency in the English language during emergency preparedness planning, response, and recovery. The bill would also require the secretary to work in collaboration with ethnic media and ethnic community-based organizations in developing communication strategies about alert and warning information, and to use a registry of qualified bilingual persons in public contact positions, as defined, to assist in emergency preparedness, response, and recovery, as the secretary deems necessary.

Governor's Message: To the Members of the California State Assembly: I am returning Assembly Bill 611 without my signature. This bill would require the California Emergency Management Agency (CalEMA) to consider multiple languages and needs of populations who have limited English language proficiency during emergency preparedness planning, response, and recovery. CalEMA already considers the needs of all California?s citizens, including limited English populations, during emergency preparedness planning, response, and recovery. Not only does CalEMA?s Public Information Office work with ethnic media and ethnic community-based organizations to ensure that this population receives disaster and emergency alert and warnings, CalEMA also provides instruction to emergency managers and first-responders that includes strategic consideration for populations with limited English proficiency. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

Position: No Position

AB 912(Torres) Telecommunications: Emergency Telephone Users Surcharge.
Status: 10/11/2009-Signed by the Governor
Is Urgency: N

2YR/Dead

1st Desk

1st Policy

1st Fiscal

1st Floor

2nd Desk

2nd Policy

2nd Fiscal

2nd Floor

Conf./Conc.

Enrolled

Vetoed

Chaptered

 

Summary: Existing law establishes the State Emergency Telephone Number Account in the General Fund, pursuant to which funds derived from a surcharge imposed on amounts paid by every person in the state for intrastate telephone communication service may be appropriated by the Legislature for specified purposes, including costs of administering, operating, and maintaining the state "911" emergency telephone number system. This bill would specify that a minimum of 0.50% of the charges for intrastate telephone communications services and VoIP service to which the surcharge applies be spent for those specified purposes and costs, including, until December 31, 2011, a maximum of 0.25% of the charges for intrastate telephone communications services and VoIP service to which the surcharge applies for a one-time payment to Primary Public Safety Answering Points for personnel costs, as specified.

Position: Support

AB 1385(Miller) Vehicles: authorized emergency vehicles: blue warning lights.
Status: 10/11/2009-Vetoed by the Governor
Is Urgency: N

2YR/Dead

1st Desk

1st Policy

1st Fiscal

1st Floor

2nd Desk

2nd Policy

2nd Fiscal

2nd Floor

Conf./Conc.

Enrolled

Vetoed

Chaptered

 

Summary: Existing law allows an authorized emergency vehicle used by a peace officer, as defined, in the performance of his or her duties to display a steady or flashing blue warning light visible from the front, sides, or rear of the vehicle. This bill would expand the definition of peace officer for purposes of that provision to include members of an arson-investigating unit, regularly paid and employed in that capacity, of a fire department or fire protection agency of a county, city, city and county, district, or the state, if the primary duty of these peace officers is the detection and apprehension of persons who have violated any fire law or committed insurance fraud. This bill contains other related provisions.

Governor's Message: To the Members of the California State Assembly: I am returning Assembly Bill 1385 without my signature. This bill would authorize specified peace officers, more specifically arson investigators, employed by fire departments to use blue warning lights on authorized emergency vehicles (AEV). The bill?s sponsor asserts that arson investigators are often plain clothed and drive unmarked vehicles, and as a result need the use of blue lights to be more recognizable. However, the use of blue lights would not establish the individual?s identity as a peace officer without displaying some form of police identification. Additionally, all AEVs in California, including law enforcement vehicles, are required to have at least one forward facing solid red light. Since there is no legal requirement for motorists to yield to a blue warning light, I fail to see the necessity for the addition of a blue light. For these reasons, I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

Position: No position

AB 1475(Solorio) Emergency medical services.
Status: 10/11/2009-Signed by the Governor
Is Urgency: N

2YR/Dead

1st Desk

1st Policy

1st Fiscal

1st Floor

2nd Desk

2nd Policy

2nd Fiscal

2nd Floor

Conf./Conc.

Enrolled

Vetoed

Chaptered

 

Summary: Existing law establishes the Maddy Emergency Medical Services (EMS) Fund, authorizing each county to establish an emergency medical services fund for reimbursement of EMS-related costs, and provides that the costs of administering the fund shall be reimbursed, based on the actual administrative costs, not to exceed 10% of the amount of the fund. This bill would, instead, provide that the costs of administering the EMS Fund that are reimbursed by the fund are not to exceed the actual costs of administering the fund or 10% of the amount of the fund, whichever amount is lower. This bill contains other related provisions and other existing laws.

Position: No position

ACR 37(Torres) California Public Safety Telecommunicators Week.
Status: 05/28/2009-Chaptered by Secretary of State - Chapter No. 35, Statutes of 2009
Is Urgency: N

2YR/Dead

1st Desk

1st Policy

1st Fiscal

1st Floor

2nd Desk

2nd Policy

2nd Fiscal

2nd Floor

Conf./Conc.

Enrolled

Vetoed

Chaptered

 

Summary: This measure memorializes the week beginning April 12, 2009, as California Public Safety Telecommunicators Week.

Position: No position

SB 18(Oropeza) Elder or dependent adult abuse.
Status: 08/06/2009-Chaptered by Secretary of State - Chapter No. 25, Statutes of 2009
Is Urgency: N

2YR/Dead

1st Desk

1st Policy

1st Fiscal

1st Floor

2nd Desk

2nd Policy

2nd Fiscal

2nd Floor

Conf./Conc.

Enrolled

Vetoed

Chaptered

 

Summary: Existing law makes it a crime for a person who knows or reasonably should know that a person is an elder or dependant adult, under circumstances likely to produce great bodily harm or death, to willfully cause or permit any elder or dependent adult to suffer, or inflict unjustifiably physical pain or mental suffering thereon, or to cause or permit the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, as specified. Existing law punishes a violation of this provision by imprisonment in a county jail not exceeding one year, or by a fine not to exceed $6,000, or by both that fine and imprisonment, or by imprisonment in the state prison for 2, 3, or 4 years. This bill would increase the fine for a 2nd or subsequent violation of that provision to an amount not to exceed $10,000. This bill contains other related provisions and other existing laws.

Position: No Position

SB 39(Benoit) Personal liability immunity: disaster service workers.
Status: 08/06/2009-Chaptered by Secretary of State - Chapter No. 27, Statutes of 2009
Is Urgency: Y

2YR/Dead

1st Desk

1st Policy

1st Fiscal

1st Floor

2nd Desk

2nd Policy

2nd Fiscal

2nd Floor

Conf./Conc.

Enrolled

Vetoed

Chaptered

 

Summary: Existing law provides that no disaster worker who is performing disaster services during a state of war emergency, a state of emergency, or a local emergency shall be liable for civil damages on account of personal injury to or death of any person or property, as provided. This bill would provide that disaster service workers shall not be liable when acting within the scope of their responsibilities under the authority of the governmental emergency organization, as provided. This bill would provide that these provisions apply exclusively to any legal action filed on or after the effective date of this bill. This bill contains other related provisions.

Position: No Position

SB 52(Correa) Public Safety Officer Medal of Valor.
Status: 10/11/2009-Signed by the Governor
Is Urgency: N

2YR/Dead

1st Desk

1st Policy

1st Fiscal

1st Floor

2nd Desk

2nd Policy

2nd Fiscal

2nd Floor

Conf./Conc.

Enrolled

Vetoed

Chaptered

 

Summary: The Public Safety Officer Medal of Valor Act establishes the Medal of Valor Review Board that recommends candidates to the Attorney General for the Medal of Valor from among the applications received by the board. Existing law prohibits the board from meeting more than once each year or from recommending any more than 5 candidates to the Attorney General. The act authorizes the Attorney General to increase the number of candidates in a given year in extraordinary cases. This bill would remove the limit on the number of candidates that the board may recommend. The bill would also eliminate the provisions that prohibit the board from meeting more than once a year. The bill would also authorize the Governor to award and present the Medal of Valor to one or more public safety officers, as specified. The bill would specifically provide that the costs incurred by members and witnesses shall not be paid by the state, and would prohibit the board from holding hearings or having witnesses if donated funds are not available. This bill contains other existing laws.

Position: No Position

SB 159(Simitian) Vehicles: emergency vehicles.
Status: 08/06/2009-Chaptered by Secretary of State - Chapter No. 33, Statutes of 2009
Is Urgency: N

2YR/Dead

1st Desk

1st Policy

1st Fiscal

1st Floor

2nd Desk

2nd Policy

2nd Fiscal

2nd Floor

Conf./Conc.

Enrolled

Vetoed

Chaptered

 

Summary:  Existing law requires a person driving a vehicle on a freeway approaching a stationary authorized emergency vehicle displaying emergency lights, or a stationary tow truck that is displaying flashing amber warning lights to approach with due caution and, before passing in a lane immediately adjacent to the authorized emergency vehicle or tow truck, to either change lanes or slow to a reasonable and prudent speed, absent any other direction by a peace officer. This provision is repealed on January 1, 2010. A violation of this provision is an infraction. This bill would delete the repeal date. Because this bill would extend a criminal violation indefinitely, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Position: No Position

SB 174(Strickland) Public safety and welfare.
Status: 08/06/2009-Chaptered by Secretary of State - Chapter No. 35, Statutes of 2009
Is Urgency: N

2YR/Dead

1st Desk

1st Policy

1st Fiscal

1st Floor

2nd Desk

2nd Policy

2nd Fiscal

2nd Floor

Conf./Conc.

Enrolled

Vetoed

Chaptered

 

Summary: Existing law provides that a person shall not engage in specified transactions relating to explosives without having received a permit from the appropriate issuing authority. Existing law forbids the authority to inquire with the Department of Justice for a determination of whether the applicant meets specified criteria and should be granted or denied a permit. Existing law forbids the department to disclose the contents of a person's records to any unauthorized person. This bill would provide that if an applicant becomes ineligible to hold a permit, the Department of Justice shall provide to the issuing authority any subsequent arrest and conviction information supporting that ineligibility. This bill contains other related provisions and other existing laws.

Position: No Position

SJR 4(Correa) Alzheimer's Silver Alert program.
Status: 08/27/2009-Chaptered by Secretary of State - Chapter No. 87, Statutes of 2009
Is Urgency: N

2YR/Dead

1st Desk

1st Policy

1st Fiscal

1st Floor

2nd Desk

2nd Policy

2nd Fiscal

2nd Floor

Conf./Conc.

Enrolled

Vetoed

Chaptered

 

Summary: This measure would urge the President and the Congress of the United States to act to establish a federally controlled Alzheimer's Silver Alert program to locate missing persons with dementia and establish a federal grant program to aid states in establishing local Silver Alert programs.

 


 

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