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2007 Vetoed Education Legislation


Assembly Bills

AB 35 | AB 44 | AB 45 | AB 72 | AB 81 | AB 122 | AB 144 | AB 149 | AB 150 | AB 183 | AB 252 | AB 277 | AB 280 |
AB 295 | AB 314 | AB 365 | AB 400 | AB 438 | AB 466 | AB 483 | AB 494 | AB 527 | AB 537 | AB 553 | AB 598 |
AB 608 | AB 614 | AB 639 | AB 666 | AB 764 | AB 773 | AB 779 | AB 834 | AB 881 | AB 888 | AB 922 | AB 973 |
AB 1030 | AB 1043 | AB 1058 | AB 1135 | AB 1148 | AB 1164 | AB 1167 | AB 1281 | AB 1294 | AB 1379 | AB 1382 |
AB 1393 | AB 1413 | AB 1450 | AB 1465 |

Senate Bills

SB 18 | SB 35 | SB 44 | SB 65 | SB 70 | SB 120 | SB 121 | SB 123 | SB 165 | SB 180 | SB 259 | SB 284 | SB 382 |
SB 406
| SB 408 | SB 439 | SB 533 | SB 549 | SB 789 | SB 826 | SB 832 | SB 909 | SB 964 |


AB 35

Author

Ruskin

Topic

Environment: state buildings: sustainable building standards.

Summary

Existing law sets forth various requirements for energy and design efficiency in construction and renovation of state buildings. This bill would enact the Sustainable Building Act of 2007 and would require a state agency, on and after July 1, 2010, that commences construction of a state building, or renovation to a building owned by the state, to design, construct, and operate that state building to meet, at a minimum, applicable certification standards described in the United States Green Building Council's Leadership in Energy and Environmental Design for a gold rating. The bill would require a state agency to also consider existing relevant information and guidelines, and would require a state agency to provide for credits for the use of specified products.

Veto Message

I am returning Assembly Bill 35 without my signature. I support the development of green building standards and share the goals of this bill. However, if implemented provisions in this bill would create a bias for certain building materials over others without a clear benefit. For instance, the use of California wood building construction materials is highly discouraged in favor of foreign grown bamboo and wheatgrass. Additionally, building standards should not be statutory. The Building Standards Commission was created to ensure an open public adoption process allowing experts to develop standards and periodic updates to the building codes. Allowing private entities, such as proposed in this bill, to dictate California's building standards usurps the state's authority to develop and adopt those standards and could compromise the health and safety of Californians. I encourage state agencies to review all nationally recognized programs and glean from those programs, standards that promote greener construction, energy and water conservation, and reduce Green House Emissions. It is imperative to expedite the greening of California's building standards. As such, I am directing the California Building Standards Commission to work with specified state agencies on the adoption of green building standards for residential, commercial, and public building construction for the 2010 code adoption process. Sincerely, Arnold Schwarzenegger

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AB 44

Author

Mendoza

Topic

Absentee voters: ballot materials.

Summary

Existing law provides that candidates for statewide elective office or for the Assembly or Senate who accept voluntary expenditure limits, or candidates for nonpartisan, local elective office, may purchase space to place a candidate's statement that will be included in the state ballot pamphlet or the sample ballot of the local jurisdiction that is sent to all registered voters prior to any local or statewide primary or general election. Existing law also requires that each absentee ballot that is delivered pursuant to specified provisions be accompanied by a ballot pamphlet, unless the voter has already been provided with a ballot pamphlet. This bill would additionally require that an absentee ballot that is sent to absentee voters be accompanied by the candidates' statements for the Assembly or Senate and local nonpartisan elective offices, unless the voter has already been provided with these candidates' statements. By increasing the duties of local elections officials, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 44 without my signature. Recently, some absentee voters in one county received their official ballots and returned them to election officials before they received their sample ballots containing candidate statements. In order to ensure that absentee voters are able to review candidate statements before submitting their ballots, this bill would require qualified candidates' statements, which are normally mailed to voters with the sample ballots several weeks before an election, to also be distributed with absentee ballots. This bill unnecessarily imposes additional costs on local election officials. First, the proponents have not demonstrated a widespread problem. We should not impose additional costs on all local governments because of what thus far appears to be an isolated incident. Second, absentee voters are not forced to submit their ballot before receiving the candidate statements. Any absentee voter choosing to submit his or her ballot well before the day of the election does so knowing that all relevant information about a candidate, regardless of the source, may not be yet available. That said, the growing popularity of absentee voting warrants consideration of methods to increase efficiency in the distribution of election materials. Although I cannot support this measure, I would be open to other alternatives that do not impose unnecessary costs upon local governments. For these reasons, I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

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AB 45

Author

Swanson

Topic

Oakland Unified School District: governance.

Summary

Existing law requires the Superintendent of Public Instruction to assume all the rights, duties, and powers of the governing board of the Oakland Unified School District and to appoint an administrator to act on behalf of the Superintendent in exercising the authority of the Superintendent over the school district. The authority of the Superintendent and the administrator over the school district is required to continue until certain enumerated conditions are met, including the completion of an improvement plan for the district. Existing law requires the County Office Fiscal Crisis and Management Assistance Team (FCMAT) to prepare the improvement plan for the school district, as provided, by July 1, 2003, and requires the FCMAT to report on the implementation of the plan, as specified. This bill would require FCMAT, on or before March 1 of each year, commencing March 1, 2008, until authority for all operational areas has been returned to the governing board of the Oakland Unified School District, to prepare and submit to the Legislature, the Superintendent, and the governing board of the school district a progress report on the district's assessment and recovery plan. On or before April 1 of each year, commencing on April 1, 2008, until authority for all operational areas has been returned to the governing board, the governing board and the state administrator appointed by the Superintendent would be required to agree on and execute a memorandum of understanding regarding the details of returning authority for one or more of the operational areas recommended for return to the school district in the most recent progress report submitted by FCMAT. The Superintendent would be required to return the authority for an operational area for which the annual FCMAT progress report recommends authority be returned to the governing board by July 1 of the year in which the report is submitted. However, the Superintendent would be prohibited from returning authority over the operational area of fiscal control to the governing board until he or she concludes that the school district is a going concern and no longer poses a risk of reverting to policies and behavior that would require the state to provide the district with an emergency loan. The state administrator would be required to retain authority over, or the Superintendent would be authorized, in his or her sole discretion, to return to the state administrator authority over, any one or more operational areas that FCMAT recommends in its annual report be within the authority of the state administrator. The reversion of any authority to the state administrator would be required to occur by July 1 of the year following the year in which the report is submitted. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 45 without my signature. I support returning local governance to the Oakland Unified School District when it is appropriate to do so. To date, the emergency loan to Oakland Unified has been the largest to a school district in the state and has been under the control of the Superintendent of Public Instruction (SPI). While the reports produced by the Fiscal Crisis Management and Assistance Team are valuable tools, they provide only a snapshot of the district at a particular point in time. Furthermore, I am concerned that the Office of Administrative Hearings will not be in a position to make decisions related to the day to day management of the school district, as these matters are generally not a matter of law, but a matter of overall educational benefit. As such, I am concerned with the process for determining return of local control, as proposed in this bill. The pace at which it seeks to restore the authority of the school board may surpass the pace at which the state administrator can imbed sustainable reforms. Current law contemplates the return of the district to local control once the SPI has a level of confidence that the improvements in the district are sustainable. In the interest of the educational well being of the students, it is well worth investing the time to allow the SPI to finish the work that has already begun. Therefore, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 72

Author

Dymally

Topic

Curriculum: social science.

Summary

Under existing law, the adopted course of study for grades 7 to 12, inclusive, is required to include instruction in social science. The required social science instruction is permitted to include instruction on World War II and the American role in that war. Statutory provisions encourage that instruction to include a component drawn from personal testimony of American soldiers who were involved in World War II and those men and women who contributed to the war effort on the homefront. This bill would encourage instruction in social science for grades 7 to 12, inclusive, to include instruction on World War II and the role of Filipinos in that war. This bill contains other existing laws.

Veto Message

I am returning Assembly Bill 72 without my signature. I strongly support the author's intent to recognize the contributions of the Filipinos during World War II. Accordingly, through the years I have taken administrative actions to publicly acknowledge the efforts through proclamations and other means. However, I have vetoed nearly identical bills over the last three years and I continue to believe that current law already provides the necessary flexibility for schools to incorporate this topic in their social science instruction. Because school districts may provide instruction on any topic not expressly prohibited by the Education Code, the authorization provided by this bill is unnecessary. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 81

Author

Torrico

Topic

Child protection: safe surrender.

Summary

Existing law designates certain locations as safe-surrender sites for the safe surrender of newborn children who are 72 hours of age or younger. This bill would expand the scope of those provisions to apply to children who are 7 days old or younger. The bill would permit a local fire agency, upon the approval of the appropriate local governing body of the agency, to designate a safe-surrender site. The bill would specify certain circumstances in which a safe-surrender site and its personnel have no liability for a surrendered child. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 81 without my signature. California's Safe Surrender Law already provides an emergency alternative for a woman in crisis who may otherwise abandon, abuse, or kill her baby. California's law was carefully crafted to balance the creation of a safe surrender option while preserving the rights of children. The current 72-hour period contained in law allows for a no-questions-asked safe surrender of a newborn, and is supported by research and statistics which indicate that most neonaticide occurs within the first day. Experts have raised concerns that instead of improving child safety, increasing the time that a baby may be surrendered from 72 hours will put newborns in greater risk by keeping them in an unsafe environment without proper care and supervision. For these reasons, I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

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AB 122

Author

Solorio

Topic

Voter intimidation: candidate notification.

Summary

Existing law prohibits certain activities intended to compel a person to vote or dissuade a person from voting. Violation of these provisions is a felony. This bill would require an elections official to give an individual a copy of the provisions of law that prohibit voter intimidation and voter fraud and the penalties for violating those provisions of law at the time that the individual is issued his or her declaration of candidacy, nomination papers, or any other paper evidencing an intention to be a candidate for public office. This bill also would require the Secretary of State to print and make available to elections officials, as specified, the provisions of law that prohibit voter intimidation and voter fraud.

Veto Message

I am returning Assembly Bill 122 without my signature. This bill requires candidates for elected office to be issued copies of the laws that prohibit voter intimidation and fraud. While this bill was introduced in response to an unacceptable case of attempted voter intimidation, I do not believe the provisions of this bill will have any actual impact on intimidation and fraud. Candidates for office and their subordinates have a responsibility to understand applicable election laws. The recent events in Orange County were in all likelihood a result of willful misconduct rather than ignorance of the law. The appropriate response to those events is the full prosecution of those who broke the law, not passing a law to impose unnecessary requirements on election officials and law-abiding candidates. Sincerely, Arnold Schwarzenegger

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AB 144

Author

Coto

Topic

Pupil testing: high school exit examination: Franklin-McKinley School District.

Summary

Existing law requires the Superintendent of Public Instruction, with the approval of the State Board of Education, to develop a high school exit examination in English language arts and mathematics in accordance with state academic content standards. Existing law requires each pupil completing grade 12 to successfully pass the high school exit examination as a condition of receiving a graduation diploma or a condition of graduation from high school, unless the pupil is otherwise exempted. Existing law requires each pupil to take the high school exit examination in grade 10 and authorizes a pupil to take the exit examination during each subsequent administration, until each section of the exit examination has been passed. This bill would require the State Department of Education, commencing on January 1, 2008, to provide the mathematics portion of the high school exit examination to the Franklin-McKinley School District for administration to pupils enrolled in grade 8 on the dates designated by the Superintendent for the administration of that portion of the examination to pupils in grade 10. The bill would authorize the school district to offer for administration the mathematics portion of the examination on those dates designated by the Superintendent to pupils enrolled in specified mathematics courses in grade 8 in the district. The bill would prohibit the school district from administering the mathematics portion of the examination to a pupil in grade 8 more than one time during a school year. The bill would declare that a pupil who passes the mathematics portion of the examination has passed that portion of the examination for purposes of satisfying the requirement for receipt of a diploma of graduation or the condition of graduation from high school. The bill would not eliminate the requirement that each pupil take the high school exit examination in grade 10, unless the United States Department of Education approves the exemption of pupils who take and pass the mathematics portion of the examination in grade 8 pursuant to this act from the federal No Child Left Behind Act of 2001 mathematics assessment requirement in grade 10. The Franklin-McKinley School District would be required to ensure that all pupils taking the mathematics portion of the high school exit examination have been provided the English language arts and reading instruction necessary to understand and take the mathematics portion of the examination. The Franklin-McKinley School District would be required to pay all costs associated with the administration of the mathematics portion of the high school exit examination to its grade 8 pupils enrolled in the specified mathematics courses if the district chooses to offer the examination to those pupils. The bill would repeal those provisions on January 1, 2010. This bill contains other related provisions.

Veto Message

I am returning Assembly Bill 144 without my signature. While I understand the Franklin-McKinley School District's desire to demonstrate the quality of its math instructional programs and motivate its students, this bill is not the correct way to do so. Using the California High School Exit Exam for this purpose in eighth grade would yield inaccurate measurements of these students' achievement when they take it again in tenth grade, thereby compromising its validity. There are other assessments, including the California Standards Tests that can appropriately be used to achieve the district's goals. Finally, there is no compelling state interest in providing the high school exit exam to one district just so that it can motivate its students. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 149

Author

Bass

Topic

Dependent children: caregivers.

Summary

Existing law provides for the placement of dependent children by the juvenile court according to specified procedures. Existing law declares the policy of the Legislature relating to foster care, including that foster care should be a temporary method of care for children and that reunification with the natural parent or parents or another alternate permanent living situation such as adoption or guardianship is more suitable to a child's well-being than is foster care. This bill would require the State Department of Social Services to contract with a qualified entity for the provision of advanced technology that will assist counties in their search for relatives and nonrelated extended family members who may be potential caregivers or adults who will play a meaningful role in the lives of dependent children. The bill also would require the department to develop a grant proposal for at least 2 new pilot projects to assist counties and family member caregivers, as specified, and to make a specified report to the Legislature, the Child Welfare Council, and the Governor.

Veto Message

While I strongly support efforts to improve the safety, permanency and well-being of children in California's Child Welfare Services system, I can not support this bill. California is already a national leader in identifying relatives of children in foster care. Counties have made significant progress in more effectively identifying and locating relatives of children and youth in foster care. The state's expansion of the KinGAP program and focus on improved outcomes will support continued improvements. Given efforts to date and the Department of Social Services' existing authority to implement the activities called for in this bill administratively, I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

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AB 150

Author

Lieu

Topic

California Financial Literacy Initiative.

Summary

The California Constitution requires the Legislature to encourage the promotion of intellectual improvement. Existing law regulates financial institutions and their interactions with the public. Existing law recognizes the existence of specialized financial institutions that provide services, including, but not limited to, financial literacy training, to underserved communities. Existing law requires, after January 1, 2003, and concurrently with, but not prior to, the next revision of textbooks or curriculum frameworks in the social sciences, health, and mathematics curricula, that the State Board of Education ensure that these academic areas integrate specified components, including financial preparedness. This bill would establish the California Financial Literacy Initiative for the purpose of improving financial literacy by offering materials for teachers and schools to provide high-quality financial literacy education for pupils in kindergarten and grades 1 to 12, inclusive. The initiative would be administered by the Superintendent of Public Instruction. The California Financial Literacy Council would be established within the office of the Superintendent of Public Instruction and would consist of representatives of the office of the Superintendent of Public Instruction, the office of the Treasurer, the Department of Corporations, the Department of Financial Institutions, and the office of the Controller. The Superintendent may provide, among other things, an online library of financial literacy resources and materials to be made available for schools, teachers, parents, and pupils. This bill contains other related provisions.

Veto Message

I am returning Assembly Bill 150 without my signature. Teaching students the principles of money management is a worthy goal. However, this bill would merely authorize the Superintendent of Public Instruction (SPI) to convene an advisory committee and make financial literacy resources and materials that are grade-level appropriate available online. Superintendent O'Connell already has the authority to do these things, if he so chooses. In addition, many financial institutions and services providers already provide an abundance of information on financial literacy that is readily available on the Internet. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 183

Author

Coto

Topic

Pupils: high schools: voter registration.

Summary

Existing law requires the Secretary of State to annually provide voter registration forms and information to students in all high schools, community colleges, and campuses of the California State University and University of California. Existing law requires that the number of forms be consistent with the number of students enrolled at each school who are of voting age or will be of voting age by the end of the year and requires the Secretary of State to provide additional forms to any school, free of charge, if so requested by a school. Existing law also declares the Legislature's intent that every school do all in its power to ensure that students are provided the opportunity and means to register to vote. The last 2 full weeks in April and the last 2 full weeks in September are required to be known as "high school voter weeks," during which time deputy registrars of voters are required to be allowed to register students and school personnel on any high school campus. This bill would require, commencing with the 2009-10 school year, and for each school year thereafter, each school district with at least one high school to report the voter registration efforts described in the above provisions of existing law and to publish those efforts prominently and annually on the Internet Web sites of its high schools and in parent newsletters or other communication vehicles used within the school community. By imposing new duties on school districts, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 183 without my signature. I believe it is important to encourage young Californians to register to vote. Current law already requires the Secretary of State to provide voter registration forms to schools for disbursement to students. Moreover, throughout the year, registrars of voters are provided the opportunity to meet with high school students through bi-annual campus visits during high school voter weeks. In contrast, this bill will not likely induce more students to vote. Instead, it will likely result in significant reimbursable state-mandates to school districts and unnecessarily add administrative burdens to schools while taking time and resources away from schools' educational mission. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 252

Author

Coto

Topic

Pupil testing: primary language assessments: dual immersion programs.

Summary

The Leroy Greene California Assessment of Academic Achievement Act requires school districts, charter schools, and county offices of education to administer to their pupils in grades 2 to 11, inclusive, certain achievement tests, including a standards-based achievement test pursuant to the Standardized Testing and Reporting (STAR) Program. The act allows, at the option of the local educational agency, a pupil with limited English proficiency enrolled in any of those grades to take a 2nd achievement test in his or her primary language. The State Department of Education is required to use funds made available pursuant to Title VI of the federal No Child Left Behind Act of 2001 to adopt primary language assessments that are aligned to state content standards, including assessments for reading/language arts and mathematics in the dominant primary language of limited-English-proficient pupils, as determined by the count in the annual language census of the primary language of limited-English-proficient pupils in public schools. Local educational agencies are required to administer a dominant primary language assessment that is available for use for a specific grade level in place of primary language achievement tests. This bill would authorize the department, subject to approval by the State Board of Education, to make a primary language assessment available to public schools for assessing nonlimited-English-proficient pupils enrolled in dual language immersion programs that include the primary language of the assessments at their own expense. School districts choosing to administer an assessment would be required to enter into an agreement with the state testing contractor subject to the approval of the department. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 252 without my signature. English-speaking pupils who have voluntarily enrolled in dual language immersion programs are currently required to take the California Standards Test in English. Therefore, another assessment is not needed to measure their mastery of state-adopted academic content standards in another language. Furthermore, I am concerned that this bill creates significant General Fund cost pressures for the state to develop standards-aligned primary language tests in other languages. Given the state's current fiscal climate it is not prudent for me to enact this measure. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 277

Author

Soto

Topic

Foster care: foster family home licensing.

Summary

Existing law provides for the licensure and regulation of community care facilities, including foster family agencies, foster family homes, small family homes, and group homes, as defined, by the State Department of Social Services. This bill would, instead, require that every licensed foster parent complete 12 hours of annual postplacement foster parent training, and that this training additionally cover the dependency court process and permanency options and services and supports available to foster parents providing permanent placement. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 277 without my signature. While I strongly support efforts to improve the safety, permanency and well-being of children in California's Child Welfare Services system, I can not support this bill as it would increase costs at a time of continuing budget challenges. Further, this bill would establish a one size fits all approach and focus on only one component of foster parent preparation and evaluation. Counties already provide foster parent training beyond what is required by the State and do so in a manner that reflects local priorities and needs. For these reasons, I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

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AB 280

Author

Coto

Topic

Instructional programs: State Seal of Biliteracy.

Summary

Existing law sets forth various requirements for the issuance of diplomas conferred upon a pupil as evidence of graduation from high school. Statutory provisions establish the Golden State Seal Merit Diploma for the purpose of recognizing pupils who have mastered the high school curriculum. This bill would establish the State Seal of Biliteracy to recognize high school graduates who have mastered speaking, reading, and writing skills in one or more languages in addition to English. The State Seal of Biliteracy would be awarded by the Superintendent of Public Instruction. The State Department of Education would be required to prepare and deliver to school districts the seal insignia. Participating school districts would be required to maintain records in order to identify pupils who have earned a State Seal of Biliteracy and to affix an appropriate insignia to the diploma or transcript of pupils who earn a State Seal of Biliteracy.

Veto Message

I am returning Assembly Bill 280 without my signature. While I support the attainment of literacy in foreign languages, I am concerned that this bill could create a precedent for providing special recognition for one specific subject area. Students taking four years of math or science, for example, would not receive special recognition, therefore creating a bias of value toward foreign language above other core curricula areas. Students should be encouraged to strive for, and value high achievement in all of their academic pursuits. For this and other reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 295

Author

Lieu

Topic

State agencies: collection of demographic data.

Summary

Existing law requires any state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for each major Asian and Pacific Islander group, including, but not limited to, Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Hawaiian, Guamanian, Samoan, Laotian, and Cambodian. This bill would require specified state agencies to use additional separate collection categories and tabulations for other major Asian groups and Native Hawaiians and other Pacific Islander groups, including Bangladeshi, Fijian, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, Thai, and Tongan. This bill would also require that these specified state agencies update their data collection categories to match those used by the United States Census Bureau. This bill would further require a state agency, board, or commission that directly or by contract collects demographic data, include data on specified collection categories and tabulations in any demographic report on ancestry or ethnic origins of Californians that it publishes or releases on or after July 1, 2009. This bill would further require a state agency, board, or commission to make the collected data available to the public, in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential.

Veto Message

I am returning Assembly Bill 295 without my signature. This bill would mandate state agencies that collect demographic data regarding ethnicity to make separate classifications for specified Asian groups. I believe this bill is unnecessary and imposes additional costs on state agencies at a time the state cannot afford them. Even as we work to move beyond divisions based on race, I recognize there are times when it is appropriate for government to sort data based on ethnicity. That is why existing law gives state agencies the flexibility to expand upon current demographic categories if necessary. Given this flexibility, this bill is unnecessary. I encourage the proponents of this measure to work with individual agencies if they believe a circumstance exists where expanding the number of ethnic categories for the purposes of data collection is warranted. Sincerely, Arnold Schwarzenegger

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AB 314

Author

Soto

Topic

CalWORKs: welfare-to-work activities.

Summary

Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states, with California's version of this program being known as the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Under the CalWORKs program, each county provides cash assistance and other benefits to qualified low-income families and individuals who meet specified eligibility criteria, including limitations on income and assets generally applicable to public assistance programs. This bill would include as a welfare-to-work activity structured, monitored study time related to approved hours spent in classroom, laboratory, or other educational activities, as specified. The bill would include this study time as a core welfare-to-work activity if related to participation in vocational education and training. This bill contains other existing laws.

Veto Message

I am returning Assembly Bill 314 without my signature. Since the passage of the Federal Deficit Reduction Act of 2005, California needs to increase work participation rates in the CalWORKs program. Failure to meet federal work requirements will lead to federal penalties and threatens our financial ability to retain a strong safety net for low-income children and working families. I believe comprehensive reform, not piecemeal changes are needed. It is premature to consider this proposal in the context of all other options to increase California's work participation rate. For these reasons, I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

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AB 365

Author

Portantino

Topic

Postsecondary education: Task Force on State Workforce Needs: California Community Colleges Economic and Workforce Development Program.

Summary

The Donahoe Higher Education Act sets forth, among other things, the missions and functions of California's public and independent segments of higher education, and their respective institutions of higher education. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make a provision applicable. Among other things, the act establishes the California Postsecondary Education Commission (CPEC) for, among other purposes, the collection of data pertinent to the planning and coordination of the higher education system of the state. This bill would express findings and declarations of the Legislature relating to the relationship between postsecondary education and workforce development in this state. The bill would add to the Donahoe Higher Education Act a provision requiring, on or before March 1, 2008, that CPEC, in cooperation with the Labor and Workforce Development Agency, convene a task force with representatives from the Department of Finance, the Legislative Analyst's Office, the University of California, the California State University, the California Community Colleges, private and independent California colleges and universities, including both nonprofit and profitmaking institutions, and the State Department of Education, along with key stakeholders in labor and business, to deliberate and report, in writing, to the Legislature and the Governor on or before November 1, 2008, their findings and recommendations with respect to 4 specific questions. The bill would express the intent of the Legislature to review and act upon the recommendations of this task force in an urgent manner as soon as feasible after January 1, 2009. The bill would repeal these provisions on January 1, 2011. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 365 without my signature. I am supportive of efforts to align state workforce needs with program development at postsecondary education institutions. However, statutory authority is not necessary for the California Postsecondary Education Commission to meet the objective of convening meetings with the relevant entities, and developing recommendations. Therefore, this bill is unnecessary. For this and other reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 400

Author

Nunez

Topic

Public school accountability.

Summary

The Public Schools Accountability Act of 1999 requires the Superintendent of Public Instruction to develop an Academic Performance Index (API), which consists in part of the results of the tests administered pursuant to the Standardized Testing and Reporting (STAR) Program. The API measures the performance of schools and the academic performance of pupils and consists of a variety of indicators, including pupil scores from a list of specified tests. The results of those specified tests constitute 60% of the value of the API. This bill instead would require that between July 1, 2009, and June 30, 2014, the results of those tests constitute at least 50% of the value of the API. Commencing with the 2009-10 fiscal year, the Superintendent, in consultation with the State Board of Education, would be required to incorporate various indicators into the API, including high school graduation rates, rates by which pupils complete a course of study at an achievement level that fulfills the requirements and prerequisites for admission to California public institutions of postsecondary education, and rates by which pupils complete a course of study that provides the skills and knowledge necessary to attain entry-level employment in business or industry when they graduate from high school. The indicators incorporated by the Superintendent would constitute the other 50% of the API. The Superintendent would be required to implement the percentage adjustments to the API on or before June 30, 2014. The Superintendent would be authorized to convene an advisory committee of recognized experts to provide recommendations for implementing the requirements imposed by this bill. The advisory committee, once convened, also would be required to develop recommendations for the inclusion of multiple measures in the API of middle and junior high schools.

Veto Message

I am returning Assembly Bill 400 without my signature. While I agree with the author that what the state measures in its accountability system sends a powerful message to schools and to the public about the outcomes we value, this bill still needs refinement. I respect the intention to provide schools the incentive to expand access to A-G college admission required courses, and expand course offering in Career Technical Education program. I am open to opportunities to accomplish that goal. However, I must maintain that the Academic Performance Index (API) should continue to be based on objective, reliable, valid and consistent statistical measurements. Currently, a school's API is based solely on its students' performance on academic achievement tests. This bill, however, would require that, by no later than June 30, 2014, the weight given such tests be reduced to 50 percent with the remaining 50 percent based on high school graduation rates, the percentage of students fulfilling the requirements for admission to public postsecondary institutions, and the percentage of students who graduate prepared for entry-level employment in business or industry. For these reasons, at this time I am unable to sign this measure. Sincerely, Arnold Schwarzenegger

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AB 438

Author

Price

Topic

Schools: accountability.

Summary

The Public Schools Accountability Act of 1999 requires the Superintendent of Public Instruction, with approval of the State Board of Education, to develop the Academic Performance Index (API), consisting of a variety of indicators, to be used to measure performance of schools. Existing law requires the Superintendent to develop, and the state board to adopt, expected annual percentage growth targets for all schools based on their API baseline score and prescribes a minimum percentage growth target of 5% annually. This bill would require the determination regarding meeting growth targets for purposes of the IIUSP to be averaged over the first 2 full years of funding. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 438 without my signature. This bill seeks to adjust the exit criteria for the II/USP and HPSGP program. School districts participate in the II/USP and HPSGP on a voluntary basis and are aware of the criteria used to determine their school's improvement and readiness to exit the program. Adjusting the exit criteria so that the average score is used will undermine the goal of achieving academic improvement for our state's struggling schools. If there are any changes to these programs, they should be made as part of a comprehensive change to align the state and federal accountability systems, not in a piecemeal approach that simply serves to lower the standards of accountability. Sincerely, Arnold Schwarzenegger

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AB 466

Author

Hancock

Topic

Pupils: average daily attendance.

Summary

Existing law authorizes a pupil to be excused from school for specified reasons, including for the purpose of serving as a member of a precinct board for an election. Existing law provides that excused absences for those specified reasons are, nevertheless, absences for the purpose of computing average daily attendance and do not generate state apportionment payments. This bill would authorize service by a pupil as a member of a precinct board to be independent study and would exempt that pupil from the requirement that the pupil participate in that activity for 5 or more consecutive schooldays if, among other things, the pupil is required to complete a report or written assignment on the subject of the activities engaged in by the pupil while serving as a member of a precinct board. The bill would require the teacher of any class from which a pupil is absent to ensure that the report or written assignment is submitted within a reasonable time after the activities are completed. This bill contains other existing laws.

Veto Message

I am returning Assembly Bill 466 without my signature. I vetoed substantively similar bills in prior years. This bill would allow schools to receive funding for times when students are volunteering as elections precinct board members through independent study programs. While civic and other volunteer activities can offer many educational opportunities to students, these activities should be in addition to, and not in place of, valuable classroom learning time with a teacher. Independent study programs are intended to help schools address the needs of students who are unable to attend school in a traditional classroom setting for an extended period of time ? not to be used as means to circumvent the fulfillment of criteria for instruction required in order to receive school funding. For this reason, I am unable to sign this measure. Sincerely, Arnold Schwarzenegger

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AB 483

Author

Salas

Topic

Community colleges: contracting: Economic and Workforce Development Program.

Summary

Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law establishes community college districts throughout the state, and authorizes these districts to provide instruction to students. This bill would authorize the Board of Governors of the California Community Colleges to conduct a study, as provided, of the public contracting limits set forth in these provisions, to determine their effectiveness as applied to community college districts. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 483 without my signature. This bill would allow the Board of Governors of the California Community Colleges to conduct a study on the effectiveness of public contract limits as they apply to community college districts. Nothing in current law prohibits the Board of Governors from conducting such a study. Therefore, this bill is unnecessary. Sincerely, Arnold Schwarzenegger

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AB 494

Author

Huffman

Topic

State Board of Education: waiver authority.

Summary

Existing law requires the State Board of Education to approve any and all requests by a governing board of a school district to waive all or part of any section of the Education Code, or any regulation adopted by the state board that implements a provision of that code, except as specified. This bill would express the Legislature's intent that high achieving schools and school districts be given additional deference when applying for waivers, as specified. The bill would also express the Legislature's intent that the state board give particular attention to certain factors when identifying high achieving schools and school districts. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 494 without my signature. Although I support granting greater flexibility to high-performing schools and districts, provisions of this bill are unnecessary. Current law already authorizes the State Board of Education to waive restrictive program requirements for high-performing schools. Additionally, the California Department of Education already notifies districts more than 60 days in advance if it will be conducting a review of their categorical programs. State policymakers should have a real discussion on what kind of autonomy and flexibility, beyond simply waiving program review, high-performing districts can earn for providing quality educational delivery that leads to higher student achievement. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 527

Author

Torrico

Topic

Energy efficiency.

Summary

Existing law requires all new public buildings to be models of energy efficiency, according to specified criteria, and requires the Department of General Services to consult with the State Energy Resources Conservation and Development Commission with respect to these criteria. This bill would require the department, in partnership with the commission, to develop and adopt, on or before January 1, 2009, a state plan to include energy efficient technology in public buildings, according to specified criteria. It would require the department, with the cooperation of the commission, to begin implementation of the state plan upon its adoption. The bill would also require the department, in conjunction with the commission, to report to the Legislature, on or before January 1, 2011, on the progress of the implementation of the state plan and its effectiveness in improving the energy efficiency of public buildings. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 527 without my signature. Increasing investments in energy efficient technologies for state buildings is an important and laudable goal. Indeed, in 2004, I signed Executive Order S-20-04 which committed the state to reduce state building electricity usage by encouraging the implementation of cost-effective measures for facilities owned, funded or leased by the state. This measure attempts to provide funding for state investment in emerging energy efficient technologies in state buildings by creating a new fund in which all state agencies would be required to deposit three percent of their annual utility budget, as determined by the Department of Finance. Statutory auto-pilot budgeting removes our ability to make responsible fiscal decisions as we work together to craft the state budget each year. Just like all programs across state government, we must decide where General Fund dollars should be spent based on the state's fiscal outlook for each budget year. Although for a worthwhile cause, this bill would automatically redirect a cumulative average of $23 million each year away from state agencies. I cannot support such a circumvention of the deliberative budget process. Sincerely, Arnold Schwarzenegger

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AB 537

Author

Swanson

Topic

Family and medical leave.

Summary

Existing law, the Moore-Brown-Roberti Family Rights Act, makes it an unlawful employment practice for an employer, as defined, to refuse to grant a request by an eligible employee to take up to 12 workweeks of unpaid protected leave during any 12-month period (1) to bond with a child who was born to, adopted by, or placed for foster care with, the employee, (2) to care for the employee's parent, spouse, or child who has a serious health condition, as defined, or (3) because the employee is suffering from a serious health condition rendering him or her unable to perform the functions of the job. Under the act, "child" means a biological, adopted, foster, or stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18 or an adult dependent child. The act defines "parent" to mean the employee's biological, foster, or adoptive parent, stepparent, legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. This bill would increase the circumstances under which an employee is entitled to protected leave pursuant to the Family Rights Act by (1) eliminating the age and dependency elements from the definition of "child," thereby permitting an employee to take protected leave to care for his or her independent adult child suffering from a serious health condition, (2) expanding the definition of "parent" to include an employee's parent-in-law, and (3) permitting an employee to also take leave to care for a seriously ill grandparent, sibling, grandchild, or domestic partner, as defined.

Veto Message

I am returning Assembly Bill 537 without my signature. This bill, along with two others I am returning without my signature, would significantly expand California's workplace leave laws. While some expansion of existing law may have merit, these laws in combination are too expansive and also fail to recognize the need for reforms to current law. California has the strongest employment leave and workplace protection laws in the country. While these laws have been enacted with the best of intentions, they have also caused much confusion for employers and employees. Unfortunately, many California-only standards in areas such as family leave, overtime, and meal and rest periods have been developed haphazardly and have resulted in needless litigation that has created a perception that California is not friendly to business. Instead of expanding the confusing network of laws that presently exist, employers and employees should be working together to eliminate confusion and create a system of workplace laws that protects workers, provides reasonable leave requirements, and offers both employers and employees flexibility to meet their respective needs. For these reasons, I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

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AB 553

Author

Hernandez

Topic

Public Employment Relations Board.

Summary

The Meyers-Milias-Brown Act delegates jurisdiction to the Public Employment Relations Board to resolve disputes and enforce the statutory duties and rights of local public agency employers and employees. The act prescribes the powers and duties of the board with regard to, among other things, elections, the processing of unfair practice charges, and, in connection to an enumerated section of the Government Code, the authority of the board to petition the court for appropriate temporary relief or restraining orders. This bill would provide that, under the Meyers-Milias-Brown Act, the Public Employment Relations Board is exclusively authorized to make a determination whether to seek from a court of competent jurisdiction injunctive relief involving or growing out of a strike, work stoppage, or lockout involving an employee organization and a public agency. The bill would provide that those changes are declaratory of existing law, as specified.

Veto Message

I am returning Assembly Bill 553 without my signature. This bill would provide the Public Employment Relations Board (PERB) with exclusive authority to determine whether public health and safety would be at risk in strike or lockout situations. Doing so would add an unnecessary layer of bureaucracy and potentially place the public at risk. Cities and counties have common law and statutory authority over matters of public health and safety. When local governments seek injunctive relief from a strike, they are doing so because of a potential threat to the public health and safety of citizens. It is therefore imperative that local governments have access to immediate injunctive relief from superior courts during strike situations. As the courts are sufficiently suited to address matters of public health and safety, there is no reason to force decisions on injunctive relief into the slower PERB process. For these reasons I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

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AB 598

Author

Committee on Education

Topic

Career technical education.

Summary

Existing law sets forth various provisions relating to career technical education, including, among others, that the adopted course of study for grades 7 to 12, inclusive, is required to offer courses in prescribed areas of study, including career technical education, and that school districts are authorized to establish pilot programs to provide for the maintenance on Saturday of classes in career technical training upon approval of the Superintendent of Public Instruction. This bill would authorize a community college or apprentice training instructor to teach a high school career technical education course in a subject that is not a core academic subject on a high school campus, authorize a high school pupil to take an apprenticeship, job training, or community college career technical education course after regular school hours for credit, and authorize a school district to bring in professionals as guest lecturers for career technical education courses according to specified time, approval, and supervision parameters.

Veto Message

I am returning Assembly Bill 598 without my signature. While I support improving access to Career Technical Education (CTE) courses for all high school students, I do not believe that this bill is necessary or clear in its intent. Current law already allows for high school students to attend community college CTE courses for high school or college credit, and does not prohibit the use of guest lecturers on high school campuses. Instead, I am signing both Senate Bill 859 and Senate Bill 52; both of which will improve access to qualified CTE teachers for our high schools. SB 859 authorizes current and former postsecondary teachers, including community college CTE teachers, to receive a visiting faculty permit to teach in K-12 schools. SB 52 streamlines the current credentialing process for CTE teachers, allowing the flexibility for schools to assign qualified CTE teachers in the classroom. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 608

Author

De La Torre

Topic

State contracting: small business preference.

Summary

The Small Business Procurement and Contract Act requires the directors of the Department of General Services and other state agencies entering into contracts for the provision of goods, information technology, and services to the state, and in the construction of state facilities, to provide for a preference up to and including 5% for any bid to small businesses and microbusinesses, or nonsmall businesses that provide for small business and microbusiness subcontractor participation, in solicitations where an award is to be made to the lowest responsible bidding meeting specifications. This bill would increase the maximum percentage of the bidding preference afforded by the directors of the Department of General Services and other state agencies to small businesses and microbusinesses, or nonsmall businesses that provide for small business and microbusiness subcontractor participation to 10%.

Veto Message

I am returning Assembly Bill 608 without my signature. I strongly support small business participation in State contracting. In March 2006, I issued Executive Order S-02-06, reaffirming the State's historic commitment to 25 percent small percent small business participation in State contracting and ordering a series of measures to expand participation. In July 2006, I built on those steps by issuing Executive Order S-11-06, directing additional actions by Caltrans and the Business, Transportation, and Housing Agency to assist small business and disadvantaged business enterprises in participating in federally funded highway and transit projects. However, I am concerned that this bill, by increasing the existing small business bid preference on State contracts from 5 percent to 10 percent, would result in increased costs to the State. According to the Department of Finance, if this increased preference had been in place in 2005-06, the additional costs to the State could have been up to $85 million. Given the current fiscal climate, I do not think it is prudent to enact a measure that increases liability for additional costs. For this reason, I am unable to sign this measure. Sincerely, Arnold Schwarzenegger

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AB 614

Author

Eng

Topic

Voting rights: language assistance.

Summary

Existing state and federal law, including the Voting Rights Act of 1965, require elections officials to provide language assistance to voters with limited English proficiency in order to access voting information and cast their votes at the polling place. Existing law also requires elections officials under specified circumstances to make reasonable efforts to recruit elections officials who are fluent in a language used by citizens who lack sufficient skill in English to vote without assistance. This bill would revise the recruitment provisions to apply to precincts where the elections official is required to post translated facsimile ballots and would require a county, not later than 120 days before the first statewide election held in every even-numbered year, beginning with the November 4, 2008, statewide election to submit a specified report to the Secretary of State on its compliance with state and federal laws enacted to assist voters with limited English proficiency. The bill would require the Secretary of State to post all reports on the Secretary of State's official Internet Web site 90 days prior to the statewide election and that the Secretary of State issue guidance for a uniform standard report format for this purpose that includes, at a minimum, specified information that sets forth the county's plan for protecting the rights of these voters. By increasing the duties of local elections officials, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 614 without my signature. Current law requires elected officials to provide language assistance to voters with limited English proficiency. This bill would require local elected officials to report on their compliance with current law on a standard form to be developed by the Secretary of State. Such a report would be of limited value and would place an unnecessary strain on the state's limited resources. For this reason and others, I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

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AB 639

Author

Hancock

Topic

Parole: identification cards.

Summary

Existing law provides that after inmates are released from the Department of Corrections and Rehabilitation, they are placed on parole, as specified. This bill would require the department, in collaboration with the Department of Motor Vehicles, to allow the Department of Motor Vehicles to make semiannual visits to the state prison at San Quentin to provide identification cards to eligible inmates upon their release and to inmates who are eligible to be released or released on parole within 6 months. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 639 without my signature. This bill would require the California Department of Corrections and Rehabilitation (CDCR) and the Department of Motor Vehicles (DMV) to work collaboratively to ensure that certain inmates released from San Quentin State Prison obtain a valid California identification card. I share the author's concern for providing tools to individuals about to be released from prison that will aid them in making a successful transition into the community. The CDCR and DMV have worked together to provide California identification cards to parolees in the past and are currently working on a similar joint pilot at various CDCR facilities. Additionally, this bill will result in parolees receiving services that are not currently available to the general public. For example, the DMV does not perform the function of determining whether or not members of the general public have the ability to pay applicable identification card fees. These services must be applied for through other governmental or non-profit public assistance programs. Sincerely, Arnold Schwarzenegger

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AB 666

Author

Karnette

Topic

Pupil instruction: home economics and career technical education.

Summary

Existing law, to be repealed on January 1, 2008, establishes an incentive grant program for the purpose of improving, expanding, and establishing instructional programs in home economics careers and technology career technical education to improve the academic achievement and career preparation of pupils in those fields. The program is required to be implemented to the extent funds are appropriated for these purposes in the annual Budget Act. The governing board of a school district that operates a home economics careers and technology career technical education program is authorized to apply to the Superintendent of Public Instruction for an incentive grant under the program. This bill would require the Superintendent to complete and submit to the Legislature an evaluation of the incentive grant program by January 1, 2012, if funds are appropriated for that purpose, and would extend the repeal date of the program to January 1, 2013.

Veto Message

I am returning Assembly Bill 666 without my signature. While I value the Home Economics Career and Technical Education Incentive program, the 2007 Budget Act did not include funding for this program. In fact, this program has not been funded since the 1998-99 budget. Therefore, this bill maintains an unfunded program and potential General Fund (Proposition 98) cost pressure annually. Without prejudice to the program, it would not be prudent to enact a sunset extension at this time. For this reason, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 764

Author

Soto

Topic

Education technology: the California Technology Assistance Project: Statewide Educational Technology Services.

Summary

Under existing law, the State Department of Education administers the California Technology Assistance Project (CTAP), to provide a regionalized network of technical assistance to schools and districts on the implementation of education technology. Existing law establishes regional consortia that work with school districts and county offices of education to meet educational needs that can be met with the use of technology, and specifies a list of areas of educational needs. This bill would delete that specified list of areas. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 764 without my signature. This bill would extend the sunset date for the California Technology Assistance Project (CTAP) and Statewide Education Technology Services (SETS) programs from January 1, 2009 to January 1, 2014. While I am supportive of these projects and their reauthorization, I have concerns about the additional requirements this bill would impose on the CTAP regions. Increasing the responsibilities of regional agencies to include prescribed reporting and other duties may be unduly prescriptive and could inadvertently take away from direct technology assistance in schools. Furthermore, I also have concerns about extending the time of the grant awards from three to six years. Specifically, I fear that extending the time of these awards may lock regions into unnecessarily long contracts which might prohibit them from making future necessary programmatic changes that would benefit our schools and our children. Since these programs do not sunset until January 1, 2009, it is not imperative that they be reauthorized at this time, particularly with provisions that could hinder their ability to incorporate needed reforms. I look forward to working with the author, educators, and education leaders in the upcoming year to reexamine these programs and how they can best support the needs of our education system. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 773

Author

Blakeslee

Topic

Elections: absentee ballots.

Summary

Existing law permits any voter to apply for permanent absent voter status if the voter completes an application containing the required information in accordance with specified statutory provisions and requires a voter to return an absentee ballot by mail or in person to the elections official from whom it came, or in person to any member of a precinct board at any polling place within the jurisdiction, before the close of the polls on election day. This bill would permit a voter to return an absentee ballot to any polling place in the state, and in the case of an absentee ballot returned to a precinct located in a county other than the county of the elections official who issued the ballot, would require the elections official of the precinct at which the ballot is returned to forward the ballot to the elections official who issued the ballot. By imposing additional duties on local elections officials, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 773 without my signature. This bill would unnecessarily allow absentee ballots to be returned to any polling place in the state. Absentee voters already have sufficient options for returning their ballot. If they choose not to return their ballot by mail, they can return it to any polling place in their home county. This is ample flexibility. While it may be convenient for a small number of voters to return their ballots in counties other than their county of residence, the extra costs to counties and inherent delays associated with this measure do not justify the provisions of this bill. For these reasons, I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

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AB 779

Author

Jones

Topic

Personal information: state agencies and businesses.

Summary

Existing law imposes specified duties upon certain persons or businesses that conduct business in California to, among other things, take reasonable steps to destroy customer records, implement and maintain reasonable security measures, disclose a breach of computerized data, and, upon request, provide specified information to a customer in relation to the disclosure of personal information to 3rd parties. For a violation of any of the above-described provisions, existing law allows an injured customer to institute a civil action to recover damages or for injunctive relief. This bill would prohibit a person, business, or agency , as defined, that sells goods or services to any resident of California and accepts as payment a credit card, debit card, or other payment device, from storing, retaining, sending, or failing to limit access to payment related data, as defined, retaining a primary account number, or storing sensitive authentication data subsequent to an authorization, as specified , unless a specified exception applies. Upon a violation, and as applicable, the bill would apply specified reimbursement and notice provisions, as described below. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 779 without my signature. Protecting the personal information of every Californian is very important to me and I am committed to strong laws that safeguard every individual's privacy and prevent identity theft. Clearly, the need to protect personal information is increasingly critical as routine commercial transactions are more and more exclusively accomplished through electronic means. However, this bill attempts to legislate in an area where the marketplace has already assigned responsibilities and liabilities that provide for the protection of consumers. In addition, the Payment Card Industry has already established minimum data security standards when storing, processing, or transmitting credit or debit cardholder information. This industry has the contractual ability to mandate the use of these standards, and is in a superior position to ensure that these standards keep up with changes in technology and the marketplace. This measure creates the potential for California law to be in conflict with private sector data security standards. While I support many of the provisions of this bill, it fails to provide clear definition of which business or agency "owns" or "licenses" data, and when that business or agency relinquishes legal responsibility as the owner or licensee. This issue and the data security requirements found in this bill will drive up the costs of compliance, particularly for small businesses. I encourage the author and the industry to work together on a more balanced legislative approach that addresses the concerns outlined above. Sincerely, Arnold Schwarzenegger

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AB 834

Author

Hayashi

Topic

Dental disease prevention programs.

Summary

Existing law authorizes local sponsors, as defined, to offer community dental disease prevention programs approved by the State Department of Public Health to schoolchildren in preschool through 6th grade, and in classes for individuals with exceptional needs. Existing law requires the program to include educational programs focused on the development of personal practices by pupils, as specified, and preventative services. Existing law requires any acts performed or services provided pursuant to the program that constitute the practice of dentistry to be performed or provided by a licensed dentist. This bill would require the program, among other things, to include age-appropriate education that promotes oral health and focuses on development of personal practices by children in preschool through 6th grade, and would require the services included in the program to be age appropriate and to include dietary fluoride supplements. The bill would also require acts performed or services provided that constitute the practice of dentistry to be performed by a licensed dentist or a licensed or registered dental health professional. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 834 without my signature. Preventing and reducing oral disease among school-age children is an important goal. Last year, I signed legislation to require that children enrolled in kindergarten have an oral health assessment to better prevent oral health problems and contribute to a child's success in school. While I am supportive of the author's goal, I am unable to sign this bill as it creates fiscal pressure and provisions of the bill can be more effectively done administratively. Therefore, I am directing the Department of Public Health to work with stakeholders to develop and implement efforts to simplify contracting, encourage providers to improve coordination with and access to existing dental coverage, and to continue to improve the California Children's Dental Disease Prevention Program. Sincerely, Arnold Schwarzenegger

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AB 881

Author

Mullin

Topic

Vehicles: child passengers: restraint systems.

Summary

Existing law establishes rules of the road governing the operation of vehicles upon the highways. A violation of these rules is a public offense. This bill would recast these provisions by requiring a child who is under 8 years of age to be secured in a rear seat in an appropriate child passenger restraint system. The bill would provide an exception from the child passenger restraint system requirement for a child who is under 8 years of age, but who is 4 feet 9 inches tall or taller and who is properly restrained by a safety belt. The bill would prohibit a parent or legal guardian or driver from transporting in a motor vehicle, a child or ward who is 8 years of age or older, but less than 16 years of age, without properly securing the child or ward in an appropriate child passenger restraint system or a safety belt. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 881 without my signature. Along with every Californian, I share a genuine concern for the safety and well being of young passengers traveling in motor vehicles with their parents. Ultimately, it has to be the parents who are responsible for their children's safety. In my veto message last year on this same subject (AB 2108), I stated my belief that the way to protect children was through efforts focused on the education and enforcement of existing laws ? not the addition of new ones. I have not changed my mind. Parents set the example for their children and the first rule of car seat safety is to buckle up. In 2006, California achieved a seat belt use rate of 93.4 percent, and parents who use their seat belts are more likely to properly restrain their children. Vital keys to successfully protecting our children are the continuation of high visibility law enforcement campaigns such as "Click It or Ticket It" and educational campaigns designed to instruct parents on the proper use of child restraint systems and seat belts. Rather than repeatedly passing new laws in response to the age, height or weight factors of our children and modifying legal requirements, a better strategy is to move towards full compliance with the laws we already have. Sincerely, Arnold Schwarzenegger

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AB 888

Author

Lieu

Topic

Green building standards.

Summary

Existing law sets forth various requirements for energy and design efficiency in the construction of nonresidential buildings. Existing law authorizes state agencies to submit, and requires the Building Standards Commission to receive and review, proposed building standards for adoption, approval, publication, and codification. This bill would require new commercial buildings for which a public agency deems the application for a development project complete on or after January 1, 2013, and that are 50,000 square feet or greater, be designed, constructed, and operated, to meet the applicable standards described in the United States Green Building Council's Leadership in Energy and Environmental Design gold rating or its equivalent, unless the state adopts specified minimum green building standards, in which case, those commercial buildings would be required to meet the adopted standards.

Veto Message

I am returning Assembly Bill 888 without my signature. I support the development of green building standards and share the goals of this bill. However, if implemented provisions in this bill would create a bias for certain building materials over others without a clear benefit. For instance, the use of California wood building construction materials is highly discouraged in favor of foreign grown bamboo and wheatgrass. Additionally, building standards should not be statutory. The Building Standards Commission was created to ensure an open public adoption process allowing experts to develop standards and periodic updates to the building codes. Allowing private entities, such as proposed in this bill, to dictate California's building standards usurps the state's authority to develop and adopt those standards and could compromise the health and safety of Californians. I encourage state agencies to review all nationally recognized programs and glean from those programs, standards that promote greener construction, energy and water conservation, and reduce Green House Emissions. It is imperative to expedite the greening of California's building standards. As such, I am directing the California Building Standards Commission to work with specified state agencies on the adoption of green building standards for residential, commercial, and public building construction for the 2010 code adoption process. Sincerely, Arnold Schwarzenegger

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AB 922

Author

Levine

Topic

Local government: statistical districts.

Summary

Existing law requires any state agency or department that develops and maintains data and statistics on the municipal level to make a separate breakdown of the San Fernando Valley, as specified, in the preparation and maintenance of any statistical analyses by city, and authorizes state agencies to require the City of Los Angeles to provide all necessary data. This bill would create a statistical district within the City of Los Angeles that would allow data reporting from the Wilshire Corridor Traffic Relief Planning District, as specified. This bill contains other related provisions.

Veto Message

I am returning Assembly Bill 922 without my signature. I committed to this bill's goal of improving traffic flow on the streets of Los Angeles. I have demonstrated this through my support of the over $115 million in new Proposition 1B funds for Los Angeles local streets and roads and the recent awarding of $150 million to the City of Los Angeles for stoplight synchronization. Given that this bill imposes a reimbursable local mandate that must be supported by the General Fund and that much of the requested data is already available, I cannot sign this bill at this time. Sincerely, Arnold Schwarzenegger

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AB 973

Author

Fuller

Topic

Regional occupational centers and programs: fees.

Summary

Existing law authorizes the county superintendent of schools of each county, with the consent of the State Board of Education, to establish and maintain at least one regional occupational center, or regional occupational program, in the county to provide education and training in career technical courses. This bill would require a state department, commission, board, body, bureau, or other agency to waive the application fee for a certificate, license, and examination that it issues or administers if the applicant is a pupil who is enrolled in a public high school or has graduated from a public high school no more than one year prior to the date of the application, and who has fulfilled all of the requirements to receive the certificate or license, or to take the examination, by completing a course offered by a regional occupational center or program. A state department, commission, board, body, bureau, or other agency that waives a fee would be required to report, to the Legislature by September 1 of each year, specified information regarding fees waived for the prior fiscal year. These provisions would be repealed on January 1, 2011.

Veto Message

I am returning Assembly Bill 973 without my signature. I believe it is important for the state to encourage students who choose to participate in career technical education programs to enter into the workforce, if that is their chosen career path. However, it is unclear whether or not waiving the fees that they are required to pay is a deterrent to their entry into the job market. Furthermore, any lost revenue from waivers that are provided by this bill will either result in a decrease in service, or have to be covered by the program's other licensees, since all of the Department of Consumer Affairs' licensing programs are fully supported by licensing fees. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 1030

Author

Caballero

Topic

Libraries: literacy and English acquisition services.

Summary

Existing law establishes the California Library Literacy and English Acquisition Services Program (the Literacy Program) within the California State Library as a public library program designed to reduce illiteracy among children and adults by providing English language literacy instruction and related services to native and nonnative English speaking youth and adults residing in California. This bill would delete the certification requirement regarding private fiscal support. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 1030 without my signature. While I support the California Library Literacy and English Acquisition Services Program, the changes proposed in this bill are unnecessary. Current law already authorizes the provision of English language literacy service to adults and youth who are not enrolled in school. This bill would simply authorize the provision of such services to a specific subgroup of the same youth population. In addition, I do not support repealing the requirement that, as a condition of funding, a local jurisdiction maintain the prior year's level of private support. Eliminating the requirement for this private support will result in either a decrease in services and/or create cost pressure on the General Fund to backfill any loss of such funds. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 1043

Author

Swanson

Topic

Employment contracts.

Summary

Existing law prohibits certain employment contract provisions as against public policy and declares provisions in certain construction contracts between a contractor and subcontractor for work in this state that purport to require dispute resolution between the parties to be commenced or determined outside of the state to be void and unenforceable. This bill would make void and unenforceable as against public policy any provision in an employment contract that requires an employee, as a condition of obtaining or continuing employment, to use a forum other than California, or to agree to a choice of law other than California law, to resolve any dispute with an employer regarding employment-related issues that arise in California.

Veto Message

I am returning Assembly Bill 1043 without my signature. This bill appears to create a solution in search of a problem. California law currently ensures that employees can not be subjected to unconscionable contract provisions that would force them to forego the protections of California law or litigate their claims in an inappropriate out-of-state forum. Moreover, this bill creates unnecessary and unhelpful uncertainties for the employers and employees concerning issues of federal preemption. Lastly, I strongly support the right of parties to freely contract for the terms of their employment relationship. This bill fundamentally conflicts with that policy. For these reasons, I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

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AB 1058

Author

Laird

Topic

Green building construction: best practices.

Summary

Existing law sets forth various requirements for energy and design efficiency in the construction and renovation of state buildings. This bill would require the Department of Housing and Community Development, by July 1, 2009, in conjunction with a specified working group of certain state entities that it would coordinate, and, in consultation with specified public and private sector organizations, to develop green building standards for residential occupancies, and submit them to the Building Standards Commission for review, adoption, approval, and publication. The bill would require that the green building standards include measures regarding energy, water, materials and resources efficiency, indoor environmental quality, innovation and design process, nonmotorized transportation, and a method for determining life-cycle cost. The department, and other specified entities, in developing and adopting the green building standards, would be required to consider certain aspects of existing relevant guidelines. The bill would require a state agency, on or before July 1, 2009, to submit to the commission for review, approval, and publication, all of the state agency's green building standards that are existing on that date and that have not been previously reviewed, approved, or adopted by the commission. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 1058 without my signature. I support the development of green building standards and share the goals of this bill. However, if implemented provisions in this bill would put the health and safety of Californians at risk by being in conflict with current safety standards. The national standards in this bill could require that wood support studs be placed twenty-four inches apart instead of the California seismic safety standard of sixteen inches, thus endangering the safety of the home. Additionally, the guidelines for planting vegetation for shade would violate California fire standards for the most dangerous areas by placing vegetation next to the house, not the 100 foot firebreak required by California law. Additionally, building standards should not be statutory. The Building Standards Commission was created to ensure an open public adoption process allowing experts to develop standards and periodic updates to the building codes. Allowing private entities, such as proposed in this bill, to dictate California's building standards usurps the state's authority to develop and adopt those standards and could compromise the health and safety of Californians. I encourage state agencies to review all nationally recognized programs and glean from those programs, standards that promote greener construction, energy and water conservation, and reduce Green House Emissions. It is imperative to expedite the greening of California's building standards. As such, I am directing the California Building Standards Commission to work with specified state agencies on the adoption of green building standards for residential, commercial, and public building construction for the 2010 code adoption process. Sincerely, Arnold Schwarzenegger

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AB 1135

Author

Strickland

Topic

State government: reports: declarations.

Summary

Existing law generally sets out the requirements for the submission of written reports by public agencies to the Legislature, the Governor, the Controller, and state legislative and other executive entities. This bill would require a written report, as defined, submitted by any state agency or department to the Legislature, a Member of the Legislature, or any state legislative or executive body to include a signed statement by the head of the agency or department declaring that the factual contents of the written report are true, accurate, and complete to the best of his or her knowledge. This bill contains other related provisions.

Veto Message

I am returning Assembly Bill 1135 without my signature. This bill requires written reports submitted to the Legislature to include a signed statement by the head of the agency or department that the contents of the report are true, accurate, and complete. As I stated when I vetoed similar legislation last year, I agree that the Legislature should base their decisions on sound information that is true, accurate and complete. To that end, I noted that state law already makes it a misdemeanor for a state or local official to submit a written report containing false information to the State Controller. Further, the Legislature already has the authority to question the accuracy of any information presented to it. Finally, this bill would create an inconsistent system in which some of the information submitted by the Administration is subject to declarations of truth while all other information used in the legislature's deliberative process is not. For these reasons, I am again returning this bill without my signature. Sincerely, Arnold Schwarzenegger

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AB 1148

Author

Brownley

Topic

Instructional Materials Funding Realignment Program.

Summary

Under existing law, the State Instructional Materials Fund is a means of annually funding the acquisition of instructional materials and is administered by the State Department of Education under policies established by the State Board of Education. This bill would require the department to provide to the Secretary for Education, the Senate and Assembly Budget Subcommittees on Education Finance, and the Department of Finance, copies of price quotations submitted by publishers in connection with instructional materials adopted by the state board, a summary of the requirements imposed on publishers in connection with instructional materials to be adopted, and an estimate of the cost to provide a complete set of the instructional materials adopted by the state board in each subject and grade level. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 1148 without my signature. I have vetoed similar legislation (Assembly Bill 388, 2005) because statutory authority is not required for the Superintendent of Public Instruction to consider processes or make recommendations to the Legislature on any subject. Furthermore, requiring the California Department of Education to provide an estimate of the net cost to purchase a complete set of instructional materials in each subject and grade level provides no additional utility, since current law already provides adequate safeguards to prevent California from paying higher prices than any other state or school district in the entire country. I am concerned that the focus on the procedural elements contained in this bill may take away from concentrating on the State's overall duty of ensuring that California students have access to the highest quality, standards aligned instructional materials for their education. For this reason, I am unable to sign this measure. Sincerely, Arnold Schwarzenegger

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AB 1164

Author

De Leon

Topic

Child care: provider organization: representation.

Summary

Existing law authorizes employees of public schools to form, join and participate in the activities of an employee organization for the purpose of representation on matters of employer-employee relations, including terms and conditions of employment. This bill would authorize family child care providers, as defined, to choose whether to be represented by a single provider organization, as defined, that would be designated pursuant to a specified petition and election process. The designated provider organization would be authorized to perform various functions, including operating substitute child care provider pools if those pools are not already being operated or provided in the community, marketing family child care programs, offering business development programs for family child care providers, meeting with state regulatory agencies, and engaging in various types of negotiation with public and private entities that administer state-funded subsidies for child care services. The selection of a negotiating representative would not prevent the designated provider organization or any other organization or individual from appearing before, or making proposals to, the State Department of Education at a public meeting or hearing, or at any other department forum. Provider organizations would be prohibited from calling strikes and from interfering with, intimidating, restraining, coercing, or discriminating against a family child care provider because the family child care provider joins or refuses to join a provider organization. The state, as defined, would also be subject to the latter prohibition.

Veto Message

I am returning Assembly Bill 1164 without my signature. While I support efforts to improve the quality of child care services and have provided increased state funding to expand access to subsidized child care, I can not support this bill as it has the potential to add significant fiscal pressures to the State's structural budget deficit. Family child care homes currently receive prevailing market rates for their services. They are reimbursed for the state-subsidized families they serve at the same rate as that paid by the non-subsidized families they serve. Changes in the current reimbursement structure, increases in family child care provider reimbursement rates, expanded provider training efforts, or other program enhancements could come at the expense of the number of available child care slots. In light of the current structural budget deficit, it is imperative that we balance our fiscal reality and the need to provide services to working families. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 1167

Author

Nava

Topic

Absentee ballots: voting by mail.

Summary

Existing law authorizes eligible voters to vote by absentee ballot and to become permanent absentee voters upon satisfying specified application requirements. Existing law provides that if the elections official deems the applicant to be entitled to an absent voter's ballot, the elections official shall deliver the ballot by mail, as specified, or in person to the applicant, his or her spouse, or his or her parent if the applicant is unmarried. The bill would require, if the elections official determines that more than one first-class stamp or the equivalent postage is required to return the absentee ballot, that the elections official provide a notification to the voter of how many first-class stamps or the equivalent postage is required. The bill would require the notification to consist of a notice printed on the identification envelope or an insert included with the ballot. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 1167 without my signature. Last year, more than 40 percent of voters voted absentee. With the growth in absentee voting comes a responsibility on both government and voters to ensure that absentee ballots are returned to election officials and properly processed. This bill would require election officials to notify absentee voters if a ballot will require more than one stamp to return in the mail. This is a common sense proposal that appropriately places shared responsibility on all parties. Unfortunately, I cannot support the provision of this bill that requires local election officials to negotiate with the United States Postal Service to ensure all absentee ballots are delivered even if they have insufficient postage. While some election officials have held such negotiations in cases where voters may have been unaware that extra postage was required, this should remain an option, not a mandate, for local officials. Mandating election officials to negotiate with the USPS is unnecessary and fails to appropriately recognize the responsibility of absentee voters to use sufficient postage when returning their ballot. Sincerely, Arnold Schwarzenegger

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AB 1281

Author

Soto

Topic

Charter schools.

Summary

The Charter Schools Act of 1992 permits teachers, parents, guardians, pupils, and community members to petition the governing board of a school district to approve a charter school to operate independently from the existing school district structure as a method of accomplishing, among other things, improved pupil learning. This bill would revise the description of the procedures relating to pupil suspension or expulsion. The bill additionally would require a description of how the charter school intends to serve pupils with disabilities, a description of the qualifications and planned professional development of school administrators and teachers who will serve this special pupil population, and information on how the school will meet increased expenses involved in serving special pupil populations. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 1281 without my signature. This bill would unnecessarily impose additional reporting and notification requirements on charter schools. Current law already requires charter petitioners to present a sound educational program for the pupils who would enroll in the charter school and include the qualifications to be met by individuals who would be employed by the school. Furthermore, both federal and state law prohibit charter schools from discriminating against any pupil on the basis of a disability. Therefore, this bill is unnecessary. For this reason, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 1294

Author

Mullin

Topic

Ranked voting: local elections.

Summary

Existing law provides procedures for the nomination of candidates for elective offices in general law cities. It specifies the procedures for the conduct of the election, the canvass of ballots, and certification of persons elected to office. Related provisions require the holding of a runoff election if no candidate has been elected at the municipal election. Existing law provides that a vacancy in an elective office may be filled by appointment, at a special election, or at the next regular municipal election, as specified. Under existing law, the Secretary of State is the chief elections officer of the state and is required to administer the provisions of the Elections Code. This bill would authorize a city or county to conduct a local election using ranked voting if specified conditions are met. This bill would specify the ranked voting method as it applies to both a single-candidate election and a multiple-candidate election.

Veto Message

I am returning Assembly Bill 1294 without my signature. This bill would allow cities and counties, subject to voter approval, to conduct a local election using a ranked voting system. This represents a drastic change to the way we vote. Although there are some proponents for ranked voting, which allows for so-called "instant runoff" elections, I am concerned that we don't yet know enough about how voters will react to such a dramatic change in the way they vote. For instance, charter cities and counties already have the right to hold ranked voting elections, yet only one city has done so thus far, and that was on a trial basis only. Further, the machines necessary to implement ranked voting are not widely available nor have any been certified by the Secretary of State. As the Secretary of State recently decertified the vast majority of electronic voting machines used for traditional elections, it is premature to even contemplate moving to ranked voting tomorrow until we have resolved any issues with the machines needed for how we vote today. Sincerely, Arnold Schwarzenegger

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AB 1379

Author

Brownley

Topic

High schools: requirements for graduation.

Summary

Existing law requires each pupil completing grade 12 to successfully pass the high school exit examination as a condition of receiving a diploma of graduation or a condition of graduation from high school. This bill would require the Superintendent of Public Instruction, in consultation with the Secretary for Education and the High School Exit Examination Standards Panel, to identify alternative criteria and measures by which high school pupils who are regarded as proficient but unable to pass the high school exit examination may demonstrate their competence and receive a high school diploma. The Superintendent would be required to hold in different areas of the state at least 3 public hearings related to the demonstration of competency to receive a high school diploma. The hearings would be required to include consideration of testimony by various individuals and a review of high school exit examination results and the multiple measures approaches used for high stakes educational decisions in other states. The Superintendent is required to report his or her findings and make recommendations for the development of a multiple measures approach to the Legislature no later than October 1, 2008.

Veto Message

I am returning Assembly Bill 1379 without my signature. Current law already required the State Board of Education (SBE), in consultation with the Superintendent of Public Instruction (SPI), to study the appropriateness of other criteria by which highly proficient pupils who are unable to pass the California High School Exit Exam can demonstrate their competency and receive a high school diploma. The SBE determined that no other criteria are appropriate. I do not want to undermine the intent of the law that all high school graduates demonstrate satisfactory proficiency. Furthermore, nothing under current law prohibits the SPI from undertaking the provisions of this bill without statutory authorization. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 1382

Author

Leno

Topic

Public social services: CalWORKs and Food Stamp Program.

Summary

Existing law requires the State Department of Social Services and the California Health and Human Services Agency Data Center to design, implement, and maintain a statewide fingerprint imaging system for use in connection with the determination of eligibility for benefits under the CalWORKs program, excluding the Aid to Families with Dependent Children-Foster Care program, and the Food Stamp Program. Existing law, with specified exceptions, requires applicants for, and recipients of, CalWORKs and Food Stamp Program benefits, as a condition of eligibility, to be fingerprint imaged, pursuant to the statewide fingerprint imaging system. This bill would, instead, require the department and the Office of Systems Integration to design, implement, and maintain the system. The bill would require the fingerprint imaging system to apply to use under the Food Stamp Program only to the extent the applicants for, or recipients of, food stamps also apply for or receive designated nonhealth benefits associated with county aid and relief to indigents.

Veto Message

I am returning Assembly Bill 1382 without my signature, as it provides an opportunity for increased fraud and abuse without guaranteeing increased participation in the program as intended by the legislation. While I support efforts to increase participation in the food stamp program, including offering foods stamps to families leaving welfare to work and improving outreach and simplifying the application process, I cannot support this bill. The Statewide Fingerprint Imaging System (SFIS) prevents fraud by discouraging applicants from illegally obtaining duplicate benefits. Our first responsibility to taxpayers is to take necessary steps to prevent fraud and abuse in public programs, which is why I cannot support this bills elimination of the SFIS. For these reasons, I am returning AB 1382 without my signature. Sincerely, Arnold Schwarzenegger

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AB 1393

Author

Leno

Topic

Public records.

Summary

The California Public Records Act requires state and local agencies to make their records available for public inspection and, upon request of any person, to provide a copy of any public record unless the record is exempt from disclosure. This bill would, as of July 1, 2009, require any state agency that publishes an Internet Web site to include on the homepage of that site specified information that is not exempt from disclosure under the act about how to contact the agency, how to request records under the act, and a form for submitting online requests for records. It would authorize any person to bring an action to enforce the duty of a state agency to post this information and would provide for penalties including monetary awards to be paid by the agency, with specified provisions to become operative on January 1, 2009. This bill contains other related provisions.

Veto Message

I am returning Assembly Bill 1393 without my signature. Ensuring access to public information is one of my Administration's top priorities. That is why last year I issued Executive Order S-03-06 (Order), requiring all state agencies to review their guidelines governing access to public information. In addition, the Order required that every agency identify and train staff to be responsible for ensuring compliance with the California Public Records Act. As I noted in my veto of similar legislation last year, I believe the steps that were taken as a result of the Order, combined with the ongoing efforts of agencies to comply with the law, are working to ensure the needs of the public are met. This bill imposes an unnecessary one-size-fits-all mandate on state agencies. In addition, this bill would require the formation of a task force to consider even more statutory standards to govern the disclosure of public records. Such a task force and such additional statutory changes are also unnecessary. My Administration's commitment to the Public Records Act is unwavering and I am confident future Administrations will share this attitude. Sincerely, Arnold Schwarzenegger

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AB 1413

Author

Portantino

Topic

Public postsecondary education: California State University: trustees.

Summary

Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. This bill would express findings and declarations of the Legislature, as well as the intent of the Legislature, relating to executive compensation of top officials of the California State University. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Assembly Bill 1413 without my signature. California State University (CSU) Board of Trustees' meetings are already open to the public and therefore, it is unnecessary to statutorily authorize a staff person to attend in a member's absence. Executive compensation contracts are currently approved in open meetings and last year CSU adopted changes to their transition pay program that are addressed in this bill. I do not believe that we should be micromanaging the hiring practices at University of California or the California State University system, in ways that may hamper their ability to hire quality instructors and administrators. However, when appropriate, I do believe that there should be transparency in our educational systems so that the public has confidence in our institutions, which is why I am signing Senate Bill 190 that provides some additional openness and accessibility for the public on matters of executive compensation. For these reasons, I cannot sign this measure. Sincerely, Arnold Schwarzenegger

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AB 1450

Author

Brownley

Topic

School facilities: replacement buildings: reconfiguration.

Summary

The Leroy F. Greene School Facilities Act of 1998 requires the State Allocation Board to allocate to applicant school districts, prescribed per-unhoused-pupil state funding for construction and modernization of school facilities, including hardship funding, and supplemental funding for site development and acquisition. This bill instead would require the board to provide a grant for 50% of the replacement cost of an existing building to be demolished if a school district proposes to demolish the existing building and replace it with a multistory building serving the same grade group configuration or a different grade group configuration on the same or a separate site and if, among other things, the total cost of the demolition, remediation, and construction of all new multistory buildings included in the total project is less than the total cost of providing a new school facility and the existing building proposed to be demolished was not constructed with any funds under the act. This bill contains other existing laws.

Veto Message

I am returning Assembly Bill 1450 without my signature. While I recognize some merit to the intent of this bill, it contains several provisions that are of significant concern. For instance, it deletes the current requirement that the increase in pupil capacity on the site will be maximized by the multi-story replacement building. As such, the bill would create a building replacement program whereas a district could qualify for funding to replace a possibly adequate facility with a brand new building, but only have to demonstrate housing one additional pupil, for example. Current regulations require that in order to qualify for grant funding, pupil capacity of the school needs to be increased by at least 20 percent of the existing permanent building capacity, or 200 additional students, whichever is greater. Furthermore, this bill does not contain language specifying the possible future use or disposal of land that the State may have helped the district acquire, but that may be unused if the district decides to replace a demolished building at another site. Clearly, this measure needs further refinement and could be discussed within the context of a future education bond negotiation. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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AB 1465

Author

Richardson

Topic

School districts: pupil attendance alternatives.

Summary

Existing law authorizes a resident of the City of Carson who is the parent or legal guardian of a person subject to compulsory education to enroll that person in either the school district in which the residency of the parent or guardian is located or in the Los Angeles Unified School District pursuant to the terms of an agreement that is mutually adopted by the Compton Unified School District and the Los Angeles Unified School District. This bill would require both school districts that enter into a transfer agreement to abide by the agreement's provision that a pupil granted a transfer is not required to resubmit annually a new transfer application. Neither party to the transfer agreement would be prevented from terminating the transfer agreement in accordance with that agreement.

Veto Message

I am returning Assembly Bill 1465 without my signature. This bill merely reiterates in statute that the Compton Unified School District (CUSD) and the Los Angeles Unified School District (LAUSD) must abide by the terms of their existing mutually adopted agreement, including the provision that pupils shall not be required to annually resubmit a new transfer application. Therefore, this bill is unnecessary. For this reason, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 18

Author

Perata

Topic

Public works: labor compliance programs.

Summary

Existing law requires an awarding body, as defined, that chooses to use funds from either the Kindergarten-University Public Education Facilities Bond Act of 2002 or the Kindergarten-University Public Education Facilities Bond Act of 2004 for a public works project to initiate and enforce, or contract with a 3rd party to initiate and enforce, a labor compliance program, as defined, for that public works project. This bill would add the Kindergarten-University Public Education Facilities Bond Act of 2006 as a source of funds for a public works project that would require an awarding body, if it chooses to use those funds, to initiate and enforce, or contract with a 3rd party to initiate and enforce, a labor compliance program.

Veto Message

I am returning Senate Bill 18 without my signature. This bill would require the expenditure of funds from the 2006 education bond in order to fund labor compliance programs run by either the awarding body or a third party. A recent report by the Legislative Analyst Office detailed the problems with using labor compliance programs to enforce prevailing wage law. These programs are expensive and have generated a paltry number of complaints and violations. This measure fails to address any of the problems raised in the report but instead proposes to simply continue to fund these underachieving programs. With the passage of the historic Strategic Growth Plan in 2006, some forty billion dollars worth of public works projects will be commenced in the coming years. It is imperative that we ensure this money is used?in accordance with all applicable labor and prevailing wage laws. As such, we cannot rely on the failed enforcement schemes of the past. Rather, we must look at new ways to ensure every worker on every project is receiving the wages and benefits to which he or she is entitled. Although I cannot sign this measure, I am directing my Secretary of Labor and Workforce Development to work with all interested parties to achieve this goal. Sincerely, Arnold Schwarzenegger

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SB 35

Author

Torlakson

Topic

School facilities: joint-use facilities.

Summary

Existing law authorizes the State Allocation Board to provide a grant to fund joint-use projects to construct facilities on kindergarten and grades 1 to 12, inclusive, schoolsites if the school district demonstrates that the project meets specified criteria. Eligibility for a joint-use grant is conditioned upon, among other things, demonstration by a school district that (a) it has entered into a joint-use agreement with a specified joint-use partner that specifies the amount of the contribution to be made by the school district and the joint-use partner toward the 50% local share of eligible project costs, and (b) the joint-use partner has agreed to contribute at least 25% of eligible project costs, except as provided. This bill would expand the types of allowable projects available to be built pursuant to the joint-use agreements to include a career technical building or shop and physical education and outdoor recreational site development. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Senate Bill 35 without my signature. I am supportive of the joint-use facilities projects when they actually encourage creative mutually beneficial relationships between school districts and community partners. However, I am concerned that this bill would expand the Joint-Use Facilities Program (Program) without ensuring that any additional funding will be available for its purposes. Furthermore, the Program's intent to fund joint-use ventures with equal local and State contributions could be undermined if joint-use partners were able to contribute something other than fiscal resources, such as equipment with a 10-year useful life, where as the State share of the project is being funded with 30-year General Obligation Bonds. Finally, any changes to the Program should be debated within the context of a future bond measure, to assure that these projects are not funded at the expense of other educational facility priorities. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 44

Author

Torlakson

Topic

Teacher development.

Summary

Existing law establishes the California Center on Teaching Careers for the purposes of recruiting qualified and capable individuals into the teaching profession. Existing law requires the California Center on Teaching Careers to perform specified duties, including, among others, creating or expanding a referral database for qualified teachers seeking employment in the public schools. This bill would establish the California Teacher Cadet Program, to be operated by the Superintendent of Public Instruction and the Chancellor of the California State University. The bill would require the California State University to convene an advisory committee to accomplish both of the following: to develop a common core teacher cadet curriculum designed to expose pupils to teaching careers and the education system through the development of a hands-on curriculum that is aligned with prerequisites for entry into teacher preparation programs, specifically blended and integrated credentialing programs, and includes specified elements; and to develop criteria and standards that would be used to create a request-for-proposal for the competitive grant program established under the bill and described below. The bill would specify the responsibilities of the advisory committee, and would require the chancellor to appoint the membership of the advisory committee in accordance with prescribed criteria. The bill would require the chancellor to submit to the Legislature and the Governor, on or before May 1, 2008, a report that includes the findings and recommendations of the advisory committee with respect to the competitive grant program. The bill would make implementation of the program contingent upon the appropriation of funds for its purposes in the annual Budget Act or other statute. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Senate Bill 44 without my signature. While I believe that California should do more to develop quality teachers in the state, I vetoed a bill similar to this one last year because it was essentially duplicative of currently funded programs that assist with the recruitment and retention of teachers. Furthermore, the 2007 Budget Act does not include funding for these particular purposes, but this bill creates ongoing cost pressures estimated in the millions of dollars in order to implement. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 65

Author

Cedillo

Topic

Public postsecondary education: San Jose State University-National Hispanic University Collaboration.

Summary

Existing law establishes the various segments of the public higher education system in the state. These segments include the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which is administered by the Board of Governors of the California Community Colleges. This bill would, until December 31, 2008, require the Trustees of the California State University to authorize San Jose State University and the National Hispanic University to enter into a collaboration agreement that would include outreach, transfer, joint classes for credit, and other programs of education, research, and public service as the trustees and the National Hispanic University deem to be in the public interest. The bill would require the Chancellor of the California State University to contract with an independent entity for an evaluation of the program. The bill would require the chancellor to submit copies of this evaluation to the Chairperson of the Assembly Committee on Higher Education and to the Chairperson of the Senate Committee on Education no later than June 30, 2009. The bill would appropriate $3,000,000 from the General Fund to the Chancellor of the California State University to carry out these provisions.

Veto Message

I am returning Senate Bill 65 without my signature. I certainly support the sponsor's stated goal of the bill ? to increase the number of students who graduate from colleges and universities with science, technology, engineering, and math (STEM) degrees. It is vital not only for our economy, but also for our communities, to have populations of STEM discipline students and teachers which are more reflective of California's diversity. However, this bill requires $3 million from the General Fund ? dollars that were not allocated as part of the Budget Act of 2007. Therefore, it would not be prudent to approve this measure at this time. I look forward to a discussion next year with interested parties to see how we can more appropriately accomplish our shared goal of ensuring that our STEM students and teachers better reflect the great diversity of our state. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 70

Author

Florez

Topic

Biodiesel.

Summary

Existing law generally imposes restrictions upon the sale of nonconforming fuel products. Existing law exempts developmental engine fuels authorized by the Department of Food and Agriculture from these restrictions, as specified. This bill would specify standards for biodiesel and biodiesel blends, and for renewable diesel and renewable diesel blends, as defined. The bill would provide that no person shall sell at retail to the general public, specified biodiesel fuel from any place of business in this state unless there is displayed in a conspicuous place on the dispensing apparatus at least one sign stating the concentration of biodiesel, as specified. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Senate Bill 70 without my signature. I support the goal to increase the use of biodiesel fuels, but this bill is a piecemeal approach to transportation fuels standards. Pursuant to AB 1007 (Chapter 371, Statutes of 2005), the California Energy Commission, in partnership with the Air Resources Board, will shortly release the State Alternative Fuels Plan to increase the use of alternative transportation fuels in California. This effort will identify the most effective strategies for the State to use to increase the level of alternative fuel use in the California market. Until the AB 1007 report's findings are known and reviewed, I believe it is at best premature to consider this measure at this time. Finally, this bill only encourages the use of biodiesel blend fuels in school and transit buses, excluding renewable diesel fuels which are potentially higher quality than biodiesel and which could greatly expand the supply of attractive diesel fuels. For these above reasons, I cannot sign this bill. Sincerely, Arnold Schwarzenegger

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SB 120

Author

Padilla

Topic

Food facilities: nutritional information.

Summary

The California Uniform Retail Food Facilities Law (CURFFL) provides for the regulation of health and sanitation standards for retail food facilities by the State Department of Public Health. Under existing law local health agencies are primarily responsible for enforcing CURFFL. A violation of any of these provisions is punishable as a misdemeanor. This bill would require each food facility, with certain exceptions, that meets specified criteria to provide nutritional information that includes, per standard menu item, the total number of calories, grams of saturated fat, grams of trans fat, number of carbohydrates and milligrams of sodium on standard menus. It would also require the menu boards to include the total number of calories. The bill would provide that, on and after July 1, 2009, a food facility that violates the provisions of the bill is guilty of an infraction, and would specifically provide that a violation of these provisions is not a misdemeanor. By creating an infraction and adding a new local enforcement duty, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Senate Bill 120 without my signature. This bill would require restaurants with at least fourteen locations in California to display nutrition information on menus and menu boards. The health of Californians has been a priority for my Administration. As Governor, I have outlined my Vision for a Healthy California. This vision calls on individuals, communities, businesses and government to work together to promote an environment that encourages healthy eating, regular physical activity and responsible individual choices. In addition, I have signed legislation to get junk food out of our schools as well as to provide incentives to increase purchases of fresh fruits and vegetables in low-income communities While I support providing people information to help them make healthy choices, this bill is impractical. As written, SB 120 would place burdens and costs upon some restaurant owners while imposing no burdens or costs on others. In addition, this bill provides restaurants with little flexibility for how they provide consumers with nutritional information. From brochures to tray liners, many restaurants are responding to consumer demand by providing nutritional information to their customers in a variety of ways. Further, more and more companies are making detailed information available online, allowing consumers to compare one restaurant's healthy dining options to another. Inflexible mandates applied sporadically are not an effective way to continue our progress in educating Californians about healthy living. Restaurants throughout California have demonstrated that they are committed to working with me to promote this goal. In vetoing this bill, I am calling upon the restaurant community to reiterate this commitment and continue to work with me, the proponents of this bill, and all Californians in developing effective ways to promote healthy dining options. Sincerely, Arnold Schwarzenegger

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SB 121

Author

Romero

Topic

School facilities: new construction: existing school building capacity: multitrack year-round educational programs.

Summary

The Leroy F. Greene School Facilities Act of 1998 (the Greene Act) requires the State Allocation Board to allocate to applicant school districts, prescribed per-unhoused-pupil state funding for construction and modernization of school facilities, including hardship funding, and supplemental funding for site development and acquisition. This bill, commencing with the 2007-08 school year, would exempt an applicant school district that received certain grants under the Year-Round School Grant Program in the 2006-07 fiscal year from having to increase the school building capacity by the number of pupils that otherwise would have been reported by the Superintendent for that grade level, and would require the school district to demonstrate, on an annual basis, that the new construction eligibility will be used to construct projects that will reduce the dependence of the district on multitrack year-round educational programs. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Senate Bill 121 without my signature. This bill would create significant cost pressures on state funds at a time when there are many competing needs and limited funds available. Alternatively, I would be willing to consider elements of this bill in subsequent legislation next year if it included a phase-out of the Year Round School Grant program over a period of time and redirects those funds in 2008-09 for the purpose of assisting charter schools with their costs pursuant to SB 740. The Year Round School Grant program no longer serves the purpose for which it was created, yet charter schools face daunting challenges in financing adequate facilities to meet the demands of students and their parents. Enhancing the ability of charter schools to secure adequate facilities, will assist them in serving their unmet demand and, at the same time, will also help address the overcrowding problem this bill attempts to address. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 123

Author

Romero

Topic

High school exit examination.

Summary

Existing law requires the Superintendent of Public Instruction, with the approval of the State Board of Education, to develop a high school exit examination in English language arts and mathematics in accordance with state academic content standards. Each pupil completing grade 12 is required to successfully pass the high school exit examination as a condition of receiving a diploma of graduation or graduation from high school. This bill would require a school district or state special school to grant a high school diploma to a pupil with a disability who is scheduled to graduate from high school in 2008, has not passed the high school exit examination, has not received a high school exit examination waiver, and meets other specified criteria. A school district or state special school that fails to grant a high school diploma to that pupil would be required to continue to submit, within 15 days after its determination that the pupil does not meet the specified criteria, certain documentation to the state board for its review, and the state board would be required to review that failure to grant a high school diploma, as provided. The school district and state special school would also be required to continue submitting to the Superintendent the information regarding these provisions, including the number of pupils granted diplomas in this manner. The continuation of these requirements for school districts would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Senate Bill 123 without my signature. While I appreciate the author's continued efforts to provide pupils with disabilities with other opportunities to demonstrate that they meet the same content standards of the California High School Exit Exam (CAHSEE), this bill is premature. The State Board of Education (SBE) and the California Department of Education (CDE) is nearing a final settlement agreement with plaintiffs in the case of Chapman, et al. v. the California Department of Education, et al. This bill will not only interfere with current legal negotiations, but it also circumvents the SBE's authority. In May 2007, the Superintendent of Public Instruction recommended, and the SBE concurred, that the CAHSEE continue as a graduation requirement for special education students. This bill would hinder that effort. For these reasons, I am unable to sign this measure. Sincerely, Arnold Schwarzenegger

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SB 165

Author

Ashburn

Topic

Juvenile crime: programs of supervision.

Summary

Existing law excludes from eligibility for specified programs of supervision conducted within the jurisdiction of the juvenile court a minor who is alleged to have committed any specified offense, including, among others, certain violent crimes, the sale or possession of a controlled substance, and participation in a criminal street gang, or who has previously been adjudged a ward of the court or participated in a program of supervision, as specified. A minor who is alleged to have committed a felony offense when the minor was at least 14 years of age is also ineligible for these programs of supervision. This bill would specify that these provisions shall not otherwise limit the ability of the court to order a minor who is under 14 years of age to participate in a program of supervision, if the court finds that the order would be in the best interests of the minor and in conformity with the interests of public safety. The bill would limit the exclusion for participation in a criminal street gang to felony violations if the minor is under 14 years of age, thereby permitting a minor under 14 years of age who committed a misdemeanor violation of that offense to be eligible for these programs of supervision.

Veto Message

I am returning Senate Bill 165 without my signature. Given the state's current problems with gang violence and the special diligence necessary to keep at-risk youths out of gangs, I cannot support a measure that would reduce a minor's accountability for committing gang-related crimes. While I support programs that rehabilitate youth offenders, the terms of the programs for which SB 165 would expand eligibility do not place enough emphasis on accountability. These programs do not require the juvenile offender to admit guilt, provide no penalty for failure to comply with the terms of probation, and the other programs of supervision only last for six to twelve months. Although I cannot support the approach taken in SB 165, I encourage the Legislature to continue working to reduce gang-related crimes in the state and to protect our state's at-risk youths. In doing so, I hope that it will work closely with my Administration to build on the positive strides that I have already taken in the California Gang Reduction, Intervention and Prevention Program (CalGRIP), which provides a comprehensive strategy for fighting gang violence by coordinating the efforts of state and local law enforcement and faith-based and community organizations. For these reasons I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

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SB 180

Author

Migden

Topic

Labor representatives: elections.

Summary

Existing law prohibits employers from engaging in unfair labor practices, including interfering in the election by agricultural employees of labor representatives to engage in collective bargaining for the designated bargaining units. Existing law also provides criminal and civil penalties for any employer or person who engages in unfair labor practices as determined by the Agricultural Labor Relations Board and the courts. This bill would permit agricultural employees, as an alternative procedure, to select their labor representatives by submitting a petition to the Labor Board accompanied by representation cards signed by a majority of the bargaining unit. The board would be required to conduct an immediate investigation to determine whether to certify the labor organization as the exclusive bargaining representative for the particular agricultural employees. Within 5 days after receiving a petition, the board would be required to make a nonappealable administrative decision. If the board determined that the representation cards meet specified criteria, then the labor organization would be certified as the exclusive bargaining representative. If the board determined that the representation cards were deficient, it would notify the labor organization of the deficiency and grant the labor organization 30 days to submit additonal cards. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Senate Bill 180 without my signature. Since I became Governor, I have made strengthening workplace protections for agricultural workers one of my top priorities. I have added labor law enforcement positions, reformed farmworker housing laws, and worked to adopt the first regulations in the nation that ensure agricultural workers have appropriate access to shade. These added protections are being implemented under existing law without the changes proposed by this bill to the historic Agricultural Labor Relations Act (ALRA). The changes this bill would make to the ALRA are unnecessary to continue our forward progress in ensuring a better working environment for agricultural workers. By setting in place a "card-check" organizing process, SB 180 significantly changes the protections afforded to all of California's agricultural workers under the ALRA. This "card-check" process fundamentally alters an employee's right to a secret ballot election that currently affords them the opportunity to cast a ballot privately without fear of coercion or manipulation by any interested parties. This bill also limits the opportunity for employees to hear and consider other viewpoints on unionization. For these reasons, I am returning SB 180 without my signature. However, I am directing my Labor and Workforce Development Agency to work with the proponents of this bill to ensure that all labor laws and regulations are being vigorously enforced, and to make it absolutely clear to all concerned that my veto is premised on an expectation that agricultural workers receive the full protections of the law. Sincerely, Arnold Schwarzenegger

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SB 259

Author

Negrete McLeod

Topic

Public employees' retirement: service credit: California State University academic employees.

Summary

The Public Employees' Retirement Law prescribes the rights and benefits of the members of the Public Employees' Retirement System and provides for the membership of academic employees of the California State University. That law provides that a member of the system who is excused from his or her duties, and who is compensated during these times at amounts less than full compensation, receives reduced service credit for that period, as specified. That law permits the member, upon return and election, to receive full service credit for these periods if he or she makes contributions to the retirement fund in an amount equal to the increase in employer liability, as specified, on the date of the request for costing of the service credit. That law also permits a specified member who is an academic employee of the California State University to receive full service credit if both the member and his or her employer elect to contribute to the retirement fund an amount equivalent to what would have been contributed if the member had been employed full time, not to exceed 5 years of part-time status. This bill would permit a member who is an academic employee of the California State University who, on or after January 1, 2008, is granted a reduced pay leave, as specified, to receive full service credit if the member elects to contribute to the retirement fund the amount that would have been contributed by the member if the member was not on a reduced pay leave. The bill would require the employer, if the member elects to make his or her contributions, to contribute the amount that would have been contributed by the employer if the member was not on a reduced pay leave. The bill would also require California State University personnel to verify the eligibility of a reduced pay leave applicant for this benefit and to keep specified records in this regard. The bill would provide that these provisions shall not apply to an academic employee unless the California State University agrees, through collective bargaining, to be subject to these provisions.

Veto Message

I am returning Senate Bill 259 without my signature. This bill is similar to legislation I vetoed last year. As I said at that time, I believe that the sabbatical leave system encourages faculty of the California State University to strive for professional growth and academic excellence. However, I maintain my position that determining what benefits an employee receives during a sabbatical is a matter for collective bargaining, not legislation. For this reason I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

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SB 284

Author

Lowenthal

Topic

Certified athletic trainers: registration.

Summary

Existing law provides for the regulation of various professions and vocations, including those of an athlete agent. This bill would enact the Certified Athletic Trainers Registration Act, which would become inoperative on July 1, 2013, and be repealed on January 1, 2014. The act would, except as specified, prohibit a person from representing himself or herself as a "certified athletic trainer" unless he or she is registered as an athletic trainer by an athletic training organization, as defined, and would make a violation of this provision an unfair business practice, subject to specified penalties. The act would set forth requirements for an athletic trainer to be registered with an athletic training organization pursuant to the act. The act would also make it an unfair business practice for a registered athletic trainer to advertise or put out any sign or card or other device, or to represent to the public through any print or electronic media that he or she is "state certified" or "state registered" as an athletic trainer or to represent to the public that he or she is so certified or registered as an athletic trainer by the State of California.

Veto Message

I am returning Senate Bill 284 without my signature. Last year, I vetoed a substantially similar bill (Senate Bill 1397). I continue to maintain that there is no evidence that the existing unregulated status of athletic trainers poses any threat to the public health and safety. While there may be a benefit to consumers by providing a distinction for certified athletic trainers, this bill places unnecessary regulatory burdens on the athletic training profession. For this reason, I am unable to sign this measure. Sincerely, Arnold Schwarzenegger

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SB 382

Author

Oropeza

Topic

Elections: new citizens.

Summary

Existing law authorizes a new citizen, as defined, to register and vote at the office of the county elections official at any time beginning on the 14th day before an election and ending on the 7th day prior to election day. This bill would additionally authorize a new citizen to register and vote at another location designated by the county elections official, and extend that period until the close of polls on the election day following the date on which that person becomes a citizen. By increasing the duties of local elections officials, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Senate Bill 382 without my signature. One of the most basic rights of any citizen is the right to vote. This is why current law provides a special exemption for new citizens to register to vote up to seven days before an election. This bill allows new citizens whose naturalization ceremonies are held less than seven days before an election to register on the day of an election itself. Allowing any group of people, regardless of the size of the group, to register and vote on the same day poses both logistical and security concerns. Voter registration deadlines are in place to provide elections officials a reasonable opportunity to verify registration information. The People of California recognized the importance of reasonable voter registration deadlines when they rejected Proposition 52 of 2002, which would have allowed for same-day registration. As an immigrant myself, I understand how exciting and important it is for new citizens to participate in the democratic process. Thankfully, few naturalization ceremonies are conducted within seven days of an election. I encourage the proponents of this measure and the Secretary of State to work with the federal government to ensure this continues to be the case. Coordination between the state and federal government, not enacting a law that inadvertently opens the door to fraud, is the best way to help our state's newest citizens. For these reasons I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

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SB 406

Author

Steinberg

Topic

Pupils: work permits.

Summary

Existing law authorizes the superintendent of a school district in which a minor resides or the county superintendent of schools of the county in which the pupil resides, if he or she does not reside in the jurisdiction of a school district, to issue a work permit, or authorize a specified certificated employee to do so, after receipt of a written request from a parent, guardian, foster parent, or other specified persons. The superintendent of a school district, or the county superintendent of schools if the pupil does not reside within the jurisdiction of a school district, is authorized to designate the principal or other person having charge of a private school within the district as a person authorized to issue work permits to pupils of the school. The superintendent of the school district, or the county superintendent of schools, if applicable, is required to periodically ascertain that the designated person at the private school has complied with the requirements pertaining to authorities that issue work permits. This bill, instead, would authorize certificated employees, who are employed by the applicable school district, authorized by the superintendent of the school district in which that employee works, or designated by the principal of the school in which that employee works if that principal was authorized by the superintendent of the district to issue work permits, to issue a permit to work to a minor enrolled in the school, and would authorize a similar procedure for private schools. The individuals responsible for issuing work permits to pupils would be required to have a working knowledge of California labor laws as they relate to minors and of education laws related to work permits. The county superintendent of schools or his or her designee would be authorized to issue a work permit to a pupil who does not attend a school that has a person authorized to issue a work permit to that pupil, provided that the person issuing the permit complies with the specified requirements before issuing the permit. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Senate Bill 406 without my signature. Although I understand the author's desire to require uniform statewide criteria for the issuance of work permits, I believe that the determination of such criteria is best left to the discretion of local school boards. School boards are better suited to determine the standards that meet the unique circumstances of their students and their communities. Moreover, given the State's current fiscal condition it would not be prudent to approve a measure that results in significant reimbursable state mandated costs. Establishing voluntary statewide criteria that could be used as guidelines for school districts would provide necessary flexibility, without incurring the associated state costs. For this reason, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 408

Author

Oropeza

Topic

State measures: circulators.

Summary

Existing law requires that persons who circulate state, county, municipal, or district initiative and referendum petitions be registered voters or be qualified to register to vote within the jurisdiction of the governmental entity to which the initiative or referendum petition would apply. This bill would instead require that persons who circulate a statewide initiative or referendum be registered voters or persons who were qualified to register to vote at the time of the most recent established election date. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Senate Bill 408 without my signature. This bill would place a durational residency requirement on anyone wishing to circulate an initiative or referendum petition. By requiring individuals wishing to participate in the initiative process to either be registered to vote or be residents of California for a prescribed period of time, this bill unfairly limits citizens' rights. Similar schemes in other states have been ruled unconstitutional. Although I appreciate the proponents concerns with how the initiative process is sometimes utilized, I cannot support measures that are essentially a limitation of free speech. Sincerely, Arnold Schwarzenegger

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SB 439

Author

Calderon

Topic

Write-in candidates.

Summary

Existing law requires that a ballot for a qualified write-in candidate be counted if, on specified voting systems, the candidate's name is written on the ballot in the blank space provided and the voting space next to the write-in space, if provided, is marked according to voting instructions. It further requires that, for other voting systems, a ballot for a write-in candidate, if otherwise qualified, be counted if the name is written in the manner described in the voting instructions. This bill would require a liberal construction of these provisions in the event of a manual recount to ensure that a ballot is counted if the voter's intent can be determined, regardless of whether the voter has literally complied with the voting instructions.

Veto Message

I am returning Senate Bill 439 without my signature. This bill would require, under specified conditions, the liberal construction of the law regarding write-in votes. The aim of this bill is to allow write-in votes to be counted if the intent of the voter can be determined regardless of whether the voter has complied with voting instructions such as filling in a bubble to indicate their desire to submit a write-in choice. Although this bill requires liberal construction of the law in very limited cases, the bill does not specify how the voter's intent could be determined. If enacted, this bill would introduce subjectivity into the electoral process without providing any direction or guidance to elections officials. The integrity of our electoral process depends upon clear and precise rules, and any effort to inject subjectivity and ambiguity into our election laws should be avoided. Requiring that a voter fill in the corresponding bubble for a write-in candidate is necessary for the efficient administration of the vote count, and imposes a very small burden on a voter. For these reasons, I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

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SB 533

Author

Yee

Topic

Health: immunizations: pneumococcus.

Summary

Existing law requires county health officers to organize and maintain a program to make immunizations available to certain persons. Existing law states the intent of the Legislature to provide a means for the eventual achievement of total immunization against certain childhood diseases. Under existing law, a person exposed to those childhood diseases may be temporarily excluded from school until a determination is made by the local health officer that the person is no longer at risk of developing the disease. This bill would add pneumococcus to the list of childhood diseases for which the Legislature intends the eventual achievement of total immunization. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Senate Bill 533 without my signature. While I am a strong proponent of prevention and support efforts to improve vaccine rates for children, I am unable to sign this bill as California's public health experts believe it is not needed. The Department of Public Health can already require that young children receive the pneumococcal vaccine. California's vaccine experts have not established a mandate as they believe it is not needed. Approximately 86 percent of children are already being vaccinated under a voluntary system. For this reason, I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

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SB 549

Author

Corbett

Topic

Employee's right to bereavement leave.

Summary

Existing law provides employees with the right to take time off work without discharge or discrimination for a number of reasons. This bill would add the right to inquire about, request, and take time off for bereavement leave. For state employees, if this leave conflicts with a memorandum of understanding, the terms of the memorandum of understanding would be controlling.

Veto Message

I am returning Senate Bill 549 without my signature. This bill, along with two others I am returning without my signature, would significantly expand California's workplace leave laws. While some expansion of existing law may have merit, these laws in combination are too expansive and also fail to recognize the need for reforms to current law. California has the strongest employment leave and workplace protection laws in the country. While these laws have been enacted with the best of intentions, they have also caused much confusion for employers and employees. Unfortunately, many California-only standards in areas such as family leave, overtime, and meal and rest periods have been developed haphazardly and have resulted in needless litigation that has created a perception that California is not friendly to business. Instead of expanding the confusing network of laws that presently exist, employers and employees should be working together to eliminate confusion and create a system of workplace laws that protects workers, provides reasonable leave requirements, and offers both employers and employees flexibility to meet their respective needs. For these reasons, I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

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SB 789

Author

Margett

Topic

Surplus property: Chino Valley Unified School District.

Summary

Existing law authorizes a school district to enter into a joint-use agreement with another governmental entity that includes some or all of the territory of the district, for specified purposes. This bill would authorize the Chino Valley Unified School District to transfer specified surplus property owned by the school district to the City of Chino Hills, in the County of San Bernardino, upon payment to the district by the city and the execution of an agreement between the school district and the city for development of the property into a park. This bill would further require the property to revert to the school district if the property ceased to be used for parks and recreation purposes. This bill contains other existing laws.

Veto Message

I am returning Senate Bill 789 without my signature. This measure would allow the Chino Valley Unified School District to sell land that was purchased using 50 percent state school construction bond funds and yet still retain 100 percent of the proceeds from the sale. The State Allocation Board is currently considering its authority to receive a refund of the site acquisition costs that the State provided. Until that issue is resolved, which may require legislation, I am reluctant to establish a precedent by signing this bill. As a secondary concern, the bill also would allow the District to dispose of the portion of the school site that was approved by the California Department of Education (CDE) and considered as necessary for the master plan capacity of the site. Again, this bill would set a precedent by which districts receive State funding for master plan capacity and later are able to dispose of the property and retain the proceeds. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 826

Author

Padilla

Topic

Native American education.

Summary

Existing law, the California Native American Public Education Grant Program, requires the State Librarian to allocate grants to develop California Native American instructional resources for public schools, and requires that the instructional resources be submitted to the Curriculum Development and Supplemental Materials Commission and to the State Board of Education for public hearings and approvals, as prescribed. This bill would request the Regents of the University of California, acting through the subject matter projects, to carry out these responsibilities with respect to Native American education that are assigned to the State Librarian under existing law. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Senate Bill 826 without my signature. This bill would request the Regents of the University of California, acting through the California Subject Matter Projects, to carry out responsibilities for developing Native American instructional materials which are currently assigned to the State Librarian under existing law. I am concerned that this bill could inadvertently further delay the efforts in the development of Native American instructional materials, be duplicative of current efforts and increase costs. Given that the State Library has already submitted draft materials for review to the Curriculum Development and Supplemental Materials Commission, work is already substantially underway, I encourage the State Library and the California Department of Education to finish the work, so that it can be appropriately considered within the forthcoming adoption cycle, as originally intended. Sincerely, Arnold Schwarzenegger

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SB 832

Author

Corbett

Topic

Postsecondary education: textbooks.

Summary

The Donahoe Higher Education Act authorizes the activities of the 4 segments of the higher education system in the state. These segments include the 3 public segments: the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which is administered by the Board of Governors of the California Community Colleges. Private and independent institutions of higher education constitute the other segment. Provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the regents act, by resolution, to make them applicable. This bill would express findings and declarations of the Legislature relating to the cost of college and university textbooks. The bill would add the College Textbook Affordability Act to the Donahoe Higher Education Act. The bill would require the publisher of a textbook, as defined, its agents, and employees to make available to each prospective purchaser, as defined to mean the faculty member who selects the textbooks for his or her students, of that textbook at a postsecondary educational institution, a complete list of all of the products, as defined, offered for sale by that publisher and that are germane to the subject area of interest to the prospective purchaser, for each product listed, the wholesale or retail price of that product and the estimated length of time that the publisher intends to keep that product on the market, and a complete list of all substantive differences or changes made between the current edition and the most recent previous edition of the textbook. This bill contains other existing laws.

Veto Message

I am returning Senate Bill 832 without my signature. I am supportive of efforts to address the cost of college textbooks and share the concern that these education costs have an impact on the affordability of college for many students. However, this bill focuses strictly on textbook publisher policies and fails to recognize that the affordability of textbooks is a shared responsibility among publishers, college bookstores, and faculty members. Therefore, instead of this bill, I am signing Assembly Bill 1548. Many of the same concepts in SB 832 are included in AB 1548, but AB 1548 recognizes the shared responsibility and attempts to address the issue in a more comprehensive manner. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 909

Author

Simitian

Topic

School districts: governing board members: compensation.

Summary

Existing law establishes the amount of compensation for the services of a member of the city board of education or governing board of a school district who attends all governing board meetings based on the average daily attendance of the school district for the prior school year. This bill would double the compensation amount that may be prescribed for each average daily attendance category of school districts.

Veto Message

I am returning Senate Bill 909 without my signature. While I recognize the important work of school boards, this bill would allow school board members to reduce funding for direct classroom instruction in order to give themselves generous pay increases. To the extent possible, I believe funding should remain in the classroom to improve student achievement. Furthermore, instead of doubling the maximum compensation at one time, as this bill would allow, current law already provides reasonable flexibility to governing boards to increase their own compensation, by not more than five percent annually, beyond the limits already established in statute. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

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SB 964

Author

Romero

Topic

Local agencies.

Summary

The Ralph M. Brown Act requires that all meetings of a legislative body of a local agency be open and public and all persons be permitted to attend unless a closed session is authorized. The act prohibits any use of direct communication, personal intermediaries, or technological devices that is employed by a majority of the members of the legislative body to develop a collective concurrence as to action to be taken on an item, with an exception for an authorized teleconference. An appellate court in Wolfe v. City of Fremont (2006) 144 Cal.App.4th 533 held that a violation of this prohibition occurs only if a series of meetings by members of a body results in a collective concurrence. This bill would instead prohibit a majority of members of a legislative body of a local agency from using a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. It also would state the Legislature's declaration that it disapproves the holding of the court in the case named above to the extent it construes the prohibition on serial meetings and would state its intention that the changes made by this bill supersede that holding. This bill contains other related provisions and other existing laws.

Veto Message

I am returning Senate Bill 964 without my signature. It is of the utmost importance to ensure openness and transparency of local government decision making. This bill seeks to solve a perceived defect in the Brown Act addressed in the Wolfe v. Fremont legal decision. In its attempt to solve the issue, this bill imposes an impractical standard for compliance on local officials and could potentially prohibit communication among officials and agency staff outside of a public meeting. I urge the Legislature to consider legislation next year that more judiciously addresses the problem of serial meetings that result in public policy decisions. Sincerely, Arnold Schwarzenegger

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