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2004 Vetoed K-12 Education Legislation


Bill Number (Author)

Subject/Summary

Governor's Veto Message

AB 242 (Liu)

Teachers.
Existing law requires the Commission on Teacher Credentialing to adopt a framework and general standards for the accreditation of preparation programs for teachers and other certificated educators. This bill would require the Commission on Teacher Credentialing and, where appropriate, the State Department of Education, to incorporate into licensure requirements for teacher candidates, professional development requirements for renewal of licenses, and accreditation requirements for preparation programs components to ensure that teachers are capable of teaching children with diverse needs, ethnicities, nationalities, and languages, of teaching children who bring particular challenges to the learning process, and of teaching in urban and rural settings. This bill contains other related provisions and other existing laws.


To the Members of the California State Assembly:

I am returning Assembly Bill 242 without my signature.

This bill contains primarily statements of intent for various teacher preparation, recruitment, and retention policies for both K-12 and higher education. Although it is desirable for the State to develop long-range plans for such matter as the preparation and retention of highly qualified teachers, this bill is neither comprehensive nor fiscally feasible. Moreover, this legislation is unnecessary since the Commission on Teacher Credentialing has indicated that it will adopt regulations consistent with the provisions outlined in this bill. My Administration has already taken steps toward increasing the number of well-prepared teachers by working with the University of California and California State University systems to improve the supply of science and math teachers and is willing to continue working toward a more reasonable long range plan than what is provided for in this bill. For these reasons, I am unable to sign this measure.

Sincerely,

Arnold Schwarzenegger

AB 358 (Jackson)

Gender discrimination.
Existing law prohibits discrimination and harassment based on sex and gender in housing and employment. This bill would require the state to implement the principles underlying the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) by addressing discrimination against women and girls, as specified, and would require, beginning January 1, 2006, the Department of Corrections, the State Department of Education, and the State Department of Health Services to conduct, in consultation with the State Commission on the Status of Women, an evaluation of their own departments to ensure that the state does not discriminate against women through the allocation of funding and the delivery of services. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 358 without my signature.

The goals of AB 358 are extremely important. I strongly believe that the State of California must continue its existing programs to guarantee that women are not discriminated against in state policies or programs. With the issuance of Executive Order S-6-04, my Administration has clearly established the states equal employment policies without discrimination. All state agencies, departments, boards, and commissions shall recruit, appoint, train, evaluate and promote state personnel on the basis of merit and fitness, without regard to age, race, ethnicity, color, ancestry, national origin, gender, marital status, sexual orientation, religion, disability or other non-job-related factors. Thus, this bill is duplicative of existing policy and unnecessary. In addition, the Department of Health Services Office of Civil Rights is responsible for ensuring that actions taken by all levels of management achieve the Departments equal employment opportunity objectives as well as ensuring equal access to health services for beneficiaries. The Office of Civil Rights annually conducts a workforce analysis to determine any statistically significant under-representations, hidden barriers and the policies or processes that may result in under-representation. For these reasons I am unable to sign this bill at this time.

Sincerely,

Arnold Schwarzenegger

AB 366 (Mullin)

Child care: substitute employee registry. Existing law authorizes the State Department of Social Services to adopt regulations to create substitute employee registries for persons working at more than one facility licensed by the department, in order to permit these registries to submit fingerprint cards and child abuse index information for child care registries. This bill would authorize the department to adopt the above regulations in order to permit these registries, instead, to submit fingerprint images and related information to the Department of Justice, in accordance with prescribed provisions, for workers who are associated with the registries, and would require the Department of Justice to assess all processing fees associated with these provisions. It would also require that the responses from the Department of Justice be provided to the department, and would permit these responses to include information from specified sources. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 366 without my signature.

This bill requires the Department of Social Services to operate the Child Care Substitute Employee Registry Pilot Program until January 1, 2008. It would clarify that child care workers would be registered by the Substitute Employee Registry, rather than by the individual child care facility and that all substitute employee records would be maintained at the Substitute Employee Registry regional office. This measure would take effect immediately as an urgency statute. This bill provides that the Substitute Employee Registries are to be funded by a combination of licensing fees charged to participating registries and the reallocation of unearned child care contract funds, pursuant to Section 8278 of the Education Code. Despite the commendable negotiations between the author and the Department of Social Services, the licensing fees are not adequate for implementation and the additional funding from Proposition 98 monies cannot be used for this purpose. The Education Code Section 8278 funds were intended for the provision of direct child care services. For these reasons I am returning this bill without my signature.

Sincerely,

Arnold Schwarzenegger

AB 662 (Dutra)

Special education: blind and visually impaired pupils.
Existing law requires educational agencies to develop an individualized education program for pupils with exceptional needs, including, but not limited to, visually impaired pupils, and requires that a functional vision assessment be conducted to determine the appropriate reading medium for the pupil and an assessment of braille skills. Existing law requires the Superintendent of Public Instruction to form an advisory task force to develop standards for mastery of the braille code by pupils and to report to the Governor and the Legislature by June 30, 2004. This bill would make legislative findings and declarations concerning the ability of blind and visually impaired pupils to have the same opportunity as any other pupil to acquire the highest quality education possible and the various educational related problems that adversely impact the ability of these pupils to receive the highest quality education. The bill would declare the intent of the Legislature to address those problems. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 662 without my signature.

This bills intention to create another advisory task force within California Department of Education (CDE) is unnecessary. The California Blindness Advisory Task Force that was established by the Office of the Superintendent of Public Instruction years ago, issued a report in 2002, A Future View: Quality Education for all Students Who Are Blind and Visually Impaired. To date, none of the recommendations made by that task force have been implemented by the CDE. While I believe in addressing the special needs of blind and visually impaired students in California, the inability of the CDE to act upon a prior task forces recommendations does not warrant the creation of yet another task force within the department to address the same needs. For these reasons I am unable to support this legislation.

Sincerely,

Arnold Schwarzenegger

AB 671 (Corbett)

State workforce infrastructure planning. Existing law requires the Governor to submit to the Legislature annually in conjunction with the Governor's Budget a proposed 5-year infrastructure plan. Existing law defines "infrastructure" and specifies the contents of the infrastructure plan. This bill would additionally define "workforce infrastructure" as provisions for the delivery of public services essential to the viability of the California workforce. The bill would require the Governor to submit annually a proposed 5-year workforce infrastructure plan to include infrastructure needs for the provision of public instruction and public libraries.

To the Members of the California State Assembly:

I am returning Assembly Bill 671 without my signature as the requirements would be premature to the recommendations being considered by the California Performance Review (CPR).

This bill would require the Governor to annually submit a newly defined five-year workforce infrastructure plan to the Legislature in conjunction with his proposed budget. Currently, a five-year report is submitted regarding infrastructure on real and personal property, generally known as hardscape. The bill defines and broadens the report to include workforce infrastructure for public instruction and libraries. Because there is a lack of clarity in the definition, the bill expands the report to include any item needed to support the schools workforce, such as information or computer systems, equipment, supplies and requires the estimated costs. It would also require that a funding source be identified to pay for these items, including books and supplies for libraries s. This bill may require the State to engage in a planning process for identifying infrastructure needs for schools and libraries that are the responsibility of local government. Further, it is not clear how this bill would improve the States infrastructure planning process.

Finally, this bill is not consistent with the CPR. When I signed the Executive Order in February of 2004 establishing the CPR, its mission was to make fundamental changes in state government, establish new procedures to create greater efficiencies, prioritize government functions, create true accountability over the fiscal management of state resources. Further exposure of government must be fully reviewed and consolidated against existing state entities and programs. The recommendations of this bill warrant careful review and consideration through the CPR process before enacting any legislation that makes substantial changes to the states infrastructure plan.

Sincerely,

Arnold Schwarzenegger

AB 711 (Correa)

Private postsecondary education: Private Postsecondary and Vocational Education Reform Act of 1989.
Existing law, known as the Private Postsecondary and Vocational Education Reform Act of 1989, generally sets minimum standards of instructional quality, ethical and business practices, health and safety, and fiscal responsibility for private postsecondary and vocational educational institutions, as defined. The act establishes the Bureau for Private Postsecondary and Vocational Education, which, among other things, is required to review and investigate all institutions, programs, and courses of instruction approved under the act. Numerous terms are defined for the purposes of the act, including "non-WASC regionally accredited institution," which is a degree-granting institution that is accredited by one of 4 designated regional accrediting agencies. This bill would define "nationally accredited institution" to mean an institution that provides a degree, diploma, or certificate, and that is accredited by a recognized national institutional accrediting body. The bill would recast and revise the standards for approval of a non-WASC regionally accredited institution to issue degrees, diplomas, or certificates, and would subject the approval of a nationally accredited institution to issue degrees, diplomas, or certificates to the same standards that govern the approval of a non-WASC regionally accredited institution in that context. In this regard, the bill would make distinctions relating to institutions incorporated in another state and further distinctions relating to whether an institution grants degrees. The bill would revise the exemption from financial responsibility requirements under these standards. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 711 without my signature.

I fully support the concept of streamlining and improving the oversight of California's private postsecondary and vocational education. However, this bill does not achieve that goal and could harm consumers, as it is unclear what authority the Bureau of Private Postsecondary and Vocational Education (Bureau) would have to sanction institutions that fail to comply with state laws. AB 711 falls short of its objective to streamline functions of the Bureau. Therefore, I am unable to sign this measure.

Sincerely,

Arnold Schwarzenegger

AB 712 (Steinberg)

Preschool for All Program.
Existing law, the Child Care and Developmental Services Act, establishes various full- and part-time programs for a comprehensive, coordinated, and cost-effective system of developmental services for children to age 14 and their parents. Other existing law, the Kindergarten Readiness Pilot Program, permits, until January 1, 2011, school districts to participate in the program to provide kindergarten preparedness opportunities to increase a child's readiness for school. Existing law requires the Superintendent of Public Instruction to administer state preschool programs including part-day and preschool appropriate programs for prekindergarten children 3 to 5 years of age in specified services. This bill would require the California Children and Families Commission, if so approved by the commission, to complete and submit to the Legislature and Governor by November 1, 2005, a cost study that provides an estimate of the cost of a voluntary Preschool for All program in California. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 712 without my signature.

Preschool can be a valuable addition to the education of many children, and I believe strongly that every child should be ready and able to succeed once they enter into the school system. My Administration recognizes that preschool, child care, and school readiness programs are important factors to the future academic success and well being of California's youth. At the same time, I also strongly believe that before we make promises about expanding the preschool system, I want to be sure e that the State can actually deliver on that promise. Governing responsibly requires me to provide the State with a clear understanding of the potentially billions of dollars in costs and other requirements of preschool, in relation to the benefits and resources available, before determining the scope of the commitment that we can all enter into together. Some research and study has already been conducted and even more will be produced in the near term. My commitment to comprehensive school readiness is strong. My Administration will work in collaboration with the California Children and Families Commission and other interested groups and parties to assess the infrastructure and options available in providing a statewide preschool program. However, doing so does not require additional legislative authority, and therefore, this bill is unnecessary.

Sincerely,

Arnold Schwarzenegger

AB 736 (Hancock)

School facilities.
Existing law, 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. The act authorizes an applicant school district to include plan design and other project components that seek school facility energy self-sufficiency and to seek a grant adjustment for the state's share of the increased costs associated with those components, as specified. This bill would require the State Allocation Board to adopt regulations, as provided, to implement design standards for school facilities in accordance with the guidelines established by the Collaborative for High Performance Schools. The bill would provide that eligibility for funding for projects pursuant to the act from the proceeds of general obligation bonds approved by the voters after January 1, 2006, is contingent on the applicant school district meeting design standards equivalent to those regulations.

To the Members of the California State Assembly:

I am returning Assembly Bill 736 without my signature.

This bill is premature, in that it places conditions on school districts use of funding of school facilities bond measures passed after January 1, 2006. While I am very supportive of efforts to improve the environment of California's classrooms, as well as promoting energy efficiency and conservation, this policy discussion more appropriately should be considered within the context of a comprehensive environmental policy involving energy efficient housing, schools and commercial properties. Therefore, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 745 (Goldberg)

Local educational agencies: officers.
The California Constitution provides for the election or appointment of a superintendent of schools for each county and requires the county board of education to establish the salary of the county superintendent of schools. Existing law authorizes the governing board of a school district employing 8 or more teachers to employ a district superintendent. Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of local community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state. This bill would require a county superintendent of schools and the governing board of a school district with 10 or more full-time employees, and the governing board of a community college district, to annually report all compensation received by certain administrative, certificated, and classified personnel, as specified. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 745 (Goldberg) without my signature.

School district finances, including personnel salaries and related compensation, should receive thorough public scrutiny; however, this bill essentially duplicates existing reporting requirements. Currently, the School Accountability Report Card, an annual school assessment, includes fiscal and expenditure data including the percent of budget spent on teacher and administrative salaries. This report card is available to the public via district or county web sites, and if not available by the Internet, can be obtained from the district upon request. To the extent that the bill also creates another reimbursable state mandate with an estimated cost in excess of a half million dollars to provide information already available, this creates an unnecessary expenditure of already scarce education dollars that could be better used in the classroom. Therefore, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 857 (Frommer)

Developmental disabilities: autism.
The Lanterman Developmental Disabilities Services Act requires the State Department of Developmental Services to contract with regional centers for the provision of various services and supports to persons with developmental disabilities, including autism. Existing law requires the department to develop evaluation and diagnostic procedures for the diagnosis of autism disorder and all other autistic spectrum disorders that may be utilized by clinical staff at regional centers, and to develop a corresponding training program for the staff to be implemented on or before July 1, 2002. This bill would establish within the department, an Autism Information Resource Center (office), to serve families by designating a single agency as a central source of information for autism treatment and support services, and other information about autism. The office would be headed by an Autism Information Resources Director who would be appointed by the Director of Developmental Services. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 857 without my signature.

While I support the authors goal of access for families to relevant services and information about autism, current law provides a method of furnishing that information and delivering services. Under existing law, 21 regional centers are required to develop relevant information and provide access to appropriate services for children with autism. The regional center system and its allied agencies are the most efficient system for identifying the needs of children with autism and informing their families. Supports and services offered by regional centers are comprehensive and offer a cost-effective method of evaluating and serving persons with autism. Current regional center resource development and service coordination practices include the development of educational and informational guides that describe services related to autism. This service coordination also includes meeting formally and informally with each person with autism and their family to describe the nature of the persons disability, how it was diagnosed and what steps should be taken to promote that persons individual growth. For these reasons I am returning this bill without my signature.

Sincerely,

Arnold Schwarzenegger

AB 858 (Goldberg)

California Racial Mascots Act: athletic team names and mascots.
Existing provisions of the Education Code relate to the prohibition of discrimination in the provision of educational services by elementary and secondary schools. This bill would establish the California Racial Mascots Act, which would prohibit public schools from using the term Redskins as a school or athletic team name, mascot, or nickname commencing January 1, 2006. The bill would provide that the act does not apply to a school or campus if certain conditions regarding prior expenditures on uniforms and other materials are met, as specified. The bill would, in addition, provide that the act does not apply to certain schools located within, or with enrollment boundaries that include a portion of, "Indian country," as defined, provided certain conditions are met. The bill would also provide that this prohibition may not be waived by the State Board of Education. To the extent that this prohibition would impose additional duties on schools, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 858 without my signature.

Existing statute already affords local school boards general control over all aspects of their interscholastic athletic policies, programs, and activities. Decisions regarding athletic teams names, nicknames or mascots should be retained at the local level. At a time when we should all be working together to increase the academic achievement of all California's students, adding another non-academic state administrative requirement for schools to comply with takes more focus away from getting kids to learn at the highest levels. For these reasons, I am unable to support this legislation.

Sincerely,

Arnold Schwarzenegger

AB 1010 (Pavley)

Instructional materials: electronic format.
Existing law requires the State Board of Education to adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive, as specified. Other existing law requires the governing board of each school district maintaining one or more high schools to adopt instructional materials for use in the high schools under its control. This bill, except as specified, would require a publisher that makes basic instructional materials available to a school district in a hard copy format to also make instructional materials available in an electronic multimedia format upon adoption of instructional materials after January 1, 2005, by the state board or by the governing board of a school district that maintains a high school. The bill would make these requirements operative January 1, 2007. The bill would provide that a school district that purchases instructional material in an electronic multimedia format pursuant to the bill shall comply with specified law governing instructional materials. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 1010 without my signature.

While I support the idea of using an electronic multimedia format, it is crucial that we remain focused on providing all pupils with an actual textbook in core curricula areas. In addition, I am concerned about the rising costs of textbooks and this bill could create increased costs to the State in the form of higher textbook costs for publishers to comply with the electronic multimedia format requirement. Higher costs could make it more difficult for schools to ensure that pupils have adequate textbooks which was a cornerstone of the Williams v. State of California settlement agreement. For these reasons, I am unable to support this legislation.

Sincerely,

Arnold Schwarzenegger

AB 1012 (Steinberg)

Pupils: interrogation.
Existing law, with certain exceptions, requires a principal or other school official to immediately notify a pupil's parent or guardian if the official releases a pupil to a peace officer for the purpose of removing the pupil from the school premises. This bill, with certain exceptions, would require the principal of a school to take immediate steps to seek the consent of the parent or guardian of an elementary school pupil prior to making the pupil available to a peace officer for questioning, and with certain exceptions, would prohibit making the pupil available for questioning if the parent or guardian requests that the pupil not be questioned until he or she can be present. The bill would permit a member of the school administration, a school counselor, or a school teacher, selected by the pupil, to be present at the questioning under prescribed circumstances. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 1012 without my signature.

While well intentioned, the practical effects of AB 1012 would be devastating to school-based law enforcement officers and school administrators responsible for keeping students and staff safe in the school setting. I believe parental involvement is an important part of ensuring a pupils academic success. This includes informing parents when their child is involved in a disciplinary or school safety investigation. Currently, there are a number of constitutional and statutory protections that shield juveniles from excessive and unreasonable interrogations. However, I am concerned that the procedures required by this bill are too broad and may result in a number of safety and liability issues. The requirements of this bill would apply to principals when making pupils available for any questioning by a peace officer, including cases where a pupil is a witness and where a pupil is not suspected of delinquency. These broad parameters may result in significant delays in investigation and could jeopardize the safety and security of the school and the surrounding community. This bill assumes that an adversarial relationship should exist whenever officers interact with students. By advising students that they do not have to talk to an officer, there is an inference that the officer is an adversary who cannot be trusted. Perhaps the greatest benefit these officers can deliver is the ability to stop crime before it occurs through their proactive discussions with students. If discussions between the officers and students become too formalized, they will not take pl ace as often. If officers cannot perform prevention activities, we are likely to see more officers on campus after the fact, after the crime, after the tragedy, instead of before when it might have made a difference. For these reasons I am unable to support this measure.

Sincerely,

Arnold Schwarzenegger

AB 1126 (Dutton)

School facilities: modernization. Existing law, 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. Existing law requires the board to determine the total funding eligibility of a school district for modernization funding by multiplying certain amounts by each pupil of that grade level housed in permanent school buildings that are at least 25 years old or portable classrooms that are at least 20 years old and which have not been previously modernized with state funding. Existing law requires the board to annually adjust the amounts according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the board. This bill would require the board to adjust for inflation the calculation used to determine the total funding eligibility of a school district for modernization funding on a monthly basis, rather than annually. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 1126 without my signature.

Adjusting the per-pupil grant award for modernization projects on a monthly basis, rather than annually, as currently required by law, will add another level of administrative bureaucracy, and may create inequities in the level of funding received by districts for comparable projects that are progressing within months of each other. For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 1253 (Bermudez)

Home-to-school transportation.
Existing law requires a school district or county office of education to receive a home-to-school transportation allowance equal to the amount received in the prior fiscal year, but not to exceed the prior year's approved home-to-school transportation costs as increased by the amount provided in the annual Budget Act. This bill would require the Superintendent of Public Instruction, upon identification of appropriate resources, to examine home-to-school transportation funding formulas and determine how current formulas should be modified to allow school districts and county offices of education to initiate new transportation programs and receive state funding on an equitable basis.

To the Members of the California State Assembly:

I am returning Assembly Bill 1253 without my signature.

This bill directs the Superintendent of Public Instruction to conduct a study, regarding home-to-school transportation, but identifies no funding for its completion. Currently, legislative members can request the Legislative Analysts Office to conduct studies on their behalf, without any additional statutory authority.

Therefore, this bill is unnecessary. For this reason, I cannot sign this measure.

Sincerely,

Arnold Schwarzenegger

AB 1486 (Dutra)

School facilities: lease-leaseback contracts.
Existing law authorizes the governing board of a school district, without advertising for bids, to let, for a minimum rental of $1 a year, to any person, firm, or corporation any real property belonging to the school district if the lease instrument provides for the construction of a building or buildings for the use of the school district during the term of the lease and provides that title to the building will vest in the school district at the expiration of the lease term. This bill would delete the authority for these leases to be let without the governing board advertising for bids and would instead require these leases to be let through a competitive proposal process. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 1486 without my signature.

I am supportive of using a competitive process for public works projects and understand that this bill is needed to clarify that process. However, this bill imposes restrictions on lease-leaseback contracts that could limit competition, inadvertently limit schools flexibility, and drive higher administrative costs; thereby potentially increasing the overall cost of school facility construction. For this reason, I cannot sign this measure.

Sincerely,

Arnold Schwarzenegger

AB 1650 (Simitian)

Teacher Support and Development Act of 2005.
Existing law establishes various grant programs aimed at promoting the development of teachers in specific areas. This bill would consolidate the funding for many of those programs and would establish the Teacher Support and Development Act of 2005 to provide flexible professional development block grants to school districts. The bill would require the Superintendent of Public Instruction to annually award the block grants from funding provided in the annual Budget Act. The bill would provide for the block grant amounts to be calculated according to a specified formula and would require a school district to demonstrate that its staff development programs meet specified criteria prior to receiving a block grant. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 1650 without my signature.

While I support reforms to streamline funding for K-12 professional development categorical programs, I am concerned that this bill does not include adequate protections to ensure that professional development for teachers is aligned to the state-adopted content standards. In addition, the bill does not contain adequate fiscal safeguards to ensure that the States funding liability is capped at the levels provided in the annual budget act. Finally, I am concerned that some of the activities the bill requires school districts to perform could be deemed reimbursable state mandates. I am willing to work with the Legislature in the next legislative session to develop a bill that accomplishes the desired reforms and also addresses my concerns.

Sincerely,

Arnold Schwarzenegger

AB 1670 (Kehoe)

Class size reduction.
Existing law establishes the Class Size Reduction Program in which participating school districts are provided funding for reducing class size to a ratio of 20 pupils to one teacher in kindergarten and any of grades 1 to 3, inclusive, if certain conditions are met. Existing law requires the Class Size Reduction Program to be implemented in accordance with a prescribed order of priority based on grade level and requires the Controller to deduct a specified amount from the district's next principal apportionment for each class that the district failed to reduce to a class size of 20 or less pupils. This bill would authorize a school district located in the County of Los Angeles, Riverside, San Bernardino, San Diego, or Ventura to claim class size reduction funding for the 2003-04 school year based on enrollment counts before the October 2003 fires in those classes if the district lost enrollment due to those fires. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 1670 without my signature.

The provisions in this bill are already contained in a separate measure. Therefore, this bill is unnecessary.

Sincerely,

Arnold Schwarzenegger

AB 1696 (Pavley)

Office of Education on the Environment.
Existing law establishes the Office of Education and the Environment within the Integrated Waste Management Board, and requires the office to develop education principles for the environment for elementary and secondary school pupils on or before July 1, 2004. Existing law requires school district governing boards, when adopting instructional materials for use in schools, to include materials that accurately portray those education principles. This bill would eliminate the requirement imposed on governing boards to include those environmental education materials as part of the adopted instructional materials and would make conforming changes. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 1696 without my signature.

The provisions in this bill go beyond the scope of cleaning up the technical implementation issues raised concerning AB 1548 (Chapter 665, Statutes of 2003). The Legislature should pass a clean up bill in the next session that contains only the required technical fixes.

Sincerely,

Arnold Schwarzenegger

AB 1782 (Horton, Jerome)

Outdoor advertising displays.
The Outdoor Advertising Act regulates placement of advertising signs adjacent to and within specified distances of highways that are part of the national system of interstate and defense highways and federal-aid highways. The act prohibits advertising displays from being placed or maintained on property adjacent to a section of a freeway that has been landscaped, with certain exceptions. A violation of the act is a misdemeanor. This bill would authorize 3 advertising displays in the County of Los Angeles by the Lennox School District subject to specified conditions. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 1782 without my signature.

On August 24, I vetoed a measure (Senate Bill 1324) that was nearly identical to this bill. My concerns with creating spot exemptions to the California Outdoor Advertising Act remain the same. While I recognize the hardships that many school districts are facing and I encourage innovative ways to find additional funding, I recommend the Legislature address the number of categorical programs and mandates imposed on school districts. Our focus should be on getting more money into the classroom, not finding new sources of revenue to fund a system in which reforms are needed. For these reasons I am returning AB 1782 without my signature.

Sincerely,

Arnold Schwarzenegger

AB 1790 (Corbett)

School facilities: seismic safety upgrades.
Existing law, 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 would make certain findings and declarations related to seismic safety upgrades and would state the intent of the Legislature to consider the development of a seismic safety upgrade program for school facilities.

To the Members of the California State Assembly:

I am returning Assembly Bill 1790 without my signature.

I see no reason for the Legislature to pass a bill stating its intention to consider an idea in the future. The protection of students must be among our highest priorities and I am in full support of efforts to continue to do so. However, the enactment of this bill would not result in any substantive benefit or make any meaningful progress toward achieving that goal of enhancing the safety of school facilities. Therefore I am unable to support this bill.

Sincerely,

Arnold Schwarzenegger

AB 1822 (Chan)

Schools: pupil immunizations.
Existing law prohibits governing boards of public and private schools and child care facilities, including, but not limited to, elementary and secondary schools, from unconditionally admitting pupils who have not been fully immunized against listed diseases. For mumps, the prohibition applies only to pupils who have not reached the age of 7 years. For hepatitis B, existing law applies for all children entering the institution at the kindergarten level or below on or after August 1, 1997, and prohibits the governing authority from unconditionally admitting or advancing any pupil to the 7th grade level unless the pupil has been fully immunized. This bill would, for mumps, also apply the prohibition against unconditional admission of pupils who have reached the age of 7 years. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 1822 without my signature.

While I support the policy objective of conforming California's school enrollment policy to national immunization enrollment guidelines, I am concerned that the proposal would result in a reimbursable state-mandated local program with annual Proposition 98 costs of $1.4 million. The budget does not provide funding for this purpose. This bill would prohibit the admission of pupils transferring from other states who have not been immunized against either mumps or hepatitis B regardless of age or grade level. Most California students and all that enter in kindergarten have been immunized against these diseases and there is little risk of transmission of these diseases at school. I encourage schools to recommend to parents of students coming from other states and nations that have not already been immunized to do so and pro vide information on the availability of such immunizations through publicly supported medical programs.

Sincerely,

Arnold Schwarzenegger

AB 1829 (Liu)

Public contracts: services: domestic workers.
Existing law requires a state agency to comply with specified procedures in awarding agency contracts. Existing law authorizes a state agency to prohibit a person that is convicted of committing specified crimes from bidding on or being awarded agency contracts, as specified. This bill would prohibit a state agency or local government, as defined, from allocating or expending state funds for employment training for employees located in foreign countries. This bill would also prohibit a state agency, or a local government in expending funds provided by a state agency, from contracting for services with a contractor or subcontractor unless that contractor or subcontractor certifies under penalty of perjury in his or her bid for the contract that the contract, and any subcontract performed under that contract, will be performed solely with workers within the United States. This bill would authorize a state agency or local government to waive this requirement, with the consent of the Controller, if certain conditions are met. This bill would also require the contract to include a clause for termination for noncompliance and specified penalties, if the contractor or subcontractor performs the contract or the subcontract with workers outside the United States during the life of the contract. This bill would specify that these provisions do not apply to seismic retrofit work, as defined, performed pursuant to a contract that is entered into on or before January 1, 2006 or agreements entered into by the Treasurer in connection with the sale of any evidence of indebtedness. This bill would also specify that these provisions do not apply to a contract, if refusing to award that contract would violate the specific terms of federal trade treaties, as specified. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 1829 without my signature.

California is a partner in the global marketplace. California businesses and its citizens are entrepreneurial, innovative and on the leading edge of new ideas and technologies. The rest of the world has received untold benefits exported from our state; yet at the same time our state and its citizens have also benefited from our neighbors around the world. As California begins to emerge from the dark days of our fiscal crisis, our focus should not be on erecting artificial barriers that will thwart the spirit of our citizens and the businesses that help our economy grow, but rather on ideas and policies that will fuel the thriving spirit of businesses who look to be on the forefront of the challenges of tomorrow. This bill prohibits state agencies from using funds from the state to contract for services with a contractor unless they can certify that the work will be performed in the United States. Noticeably excluded from the provisions of this bill are the investment activities of the State of California. The state will continue to be able to invest its treasury bonds and state retirement funds without the need to comply with this bill, but these provisions apply to all other state and local contracts. While this bill purports to be about saving jobs, it would actually be detrimental to our economy and the creation of new jobs in this state. It is also contrary to my administrations efforts to create a more efficient and effective purchasing system and to increase small business contracting participation. This bill adds additional restrictions on state contractors, thereby resulting in less competition at the state and local levels and ultimately result in higher prices paid by governmental entities for goods and services. A recent report by the Public Policy Institute of California (PPIC) states that California has gained 713,000 jobs from direct foreign investment in California and additionally found that placing the type of restrictions, as set forth in this bill, on businesses will have a negative impact on our economy. The report further states that restricting state contracting will not necessarily help workers in California, but could instead result in contracts being awarded to out-of-state bidders. There is a right way and a wrong way to expand economic opportunity in California. The wrong approach is to implement measures that restrict trade, invite retaliation or violate the United States Constitution and our foreign trade agreements. The United States Constitution clearly defines that the authority to regulate trade with foreign nations rests with the federal government. Article 1, Section 8 grants Congress the exclusive authority to regulate Commerce with foreign nations. In today's global economy, the best approach to create and enhance job growth in California is to provide a competitive business environment. In order to improve their competitiveness in a global market, California businesses cannot be penalized with punitive policies restricting their ability to make decisions on how to best perform and provide goods or services for state government and our consumers. These restrictions will drive businesses out of California. California must continue to be an active participant in the worldwide economy in order to create new opportunities and better jobs for our citizens. This bill is contrary to those goals. Therefore, I cannot support this measure.

Sincerely,

Arnold Schwarzenegger

AB 1841 (Chan)

Reorganized high schools: grant programs.
Existing law establishes the High Priority Schools Grant Program and the Immediate Intervention/Underperforming Schools Program within the Public Schools Accountability Act of 1999, which requires the Superintendent of Public Instruction to invite schools ranked in the 5 lowest deciles of the Academic Performance Index (API) to participate in those programs. This bill would provide that if a high school participating in either of those programs is reorganized into more than one high school, each of those high schools shall continue to receive a share of the funds that the former school would have received, as specified, provided certain eligibility criteria are met, including compliance with specified program requirements.

To the Members of the California State Assembly:

I am returning Assembly Bill 1841 without my signature.

This bill could weaken the accountability provisions of the Immediate Intervention for Underperforming Schools Program and the High Priority Schools Grant Program (IIUSP/HP). The IIUSP/HP program was designed to provide support for the development and implementation of action plans designed to improve the academic achievement of pupils in schools that have been designated as underperforming. By allowing reorganized high schools to receive a share of incentive funding, this bill would limit the states ability to track the programs of students originally enrolled at the participating high schools. Moreover, extending the time frames to meet required performance growth targets by an additional year would postpone state interventions at schools that have failed to meet their API growth target, and undermine the intent of the program. For these reasons, I am unable to sign the bill.

Sincerely,

Arnold Schwarzenegger

AB 1846 (Goldberg)

No Child Left Behind Act of 2001.
Existing law deems a reference in federal law designating a state education agency primarily responsible for state supervision of public schools to refer to the State Board of Education and requires the board to adopt rules and regulations for the allocation of federal funds to local school districts and other agencies entitled to receive federal funds for the support of schools. This bill would, notwithstanding any other law, designate the office of the Superintendent of Public Instruction as the state educational agency to carry out the purposes and provisions of the No Child Left Behind Act of 2001, and would vest the superintendent with all necessary power and authority to perform all acts necessary to receive the benefits and to allocate the funds provided by that act of Congress.

To the Members of the California State Assembly:

I am returning Assembly Bill 1846 without my signature.

This bill would only create more confusion of governance in the existing education system, if the Office of the Superintendent of Public Instruction (SPI) is the authority for provisions related to the No Child Left Behind (NCLB) Act and the State Board Education (SBE) is the authority for all other federal programs. In addition, this bill would undermine the authority of the SBE. Moreover, California has already submitted applications for various programs and received funding under the NCLB Act. This bill may force California to revise and resubmit current applications in order to meet the provisions of this bill, potentially jeopardizing receipt of federal funding. This shift in authority proposed by the bill would also limit statewide public input. Although the SPI is an elected official, I believe it is important for education stakeholders parents, students, teachers, administrators, and community members to have an official venue for public testimony. The SBE holds public hearings on various K-12 education issues throughout the state for issues to be appropriately heard and considered. For these reasons, I am unable to support this bill.

Sincerely,

Arnold Schwarzenegger

AB 1860 (Reyes)

Charter schools.
The Charter Schools Act of 1992 authorizes any person seeking to establish a charter school to petition the governing board of a school district to approve a charter that permits a school to operate independently from the existing school district structure as a method of accomplishing specified goals. This bill would, instead, prohibit a governing board from denying a petition, unless it makes findings that the petition lacks a description of the procedures by which a pupil may be subject to discipline and the procedure employed by the charter school to safeguard the due process rights of pupils. The bill would, in addition, prohibit a governing board from denying a petition unless it makes findings that the petition lacks an assurance of compliance with the Ralph M. Brown Act, or a description of compliance with requirements relating to certain pupils no longer enrolled in the charter school. The bill would additionally provide that charter schools shall be subject to the open meeting requirements of the Ralph M. Brown Act rather than other comparable provisions of law. By imposing additional evaluation requirements on school districts with regard to charter petitions, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 1860 without my signature.

All charter schools should be held accountable for the academic achievement of their students and charter school students should be responsible for giving their best effort to reach their potential. However, this bill runs counter to the general intent of charter schools, which is to operate independently from the existing school district structure. Current law exempts charter schools from most laws governing school districts. This bill would subject charter schools to specific regulations a nd laws that may hamper their ability to focus on innovation in the classroom and increasing student performance. For these reasons, I cannot support this legislation.

Sincerely,

Arnold Schwarzenegger

AB 1897 (Reyes)

School district governing boards: pupil members.
Existing law requires the governing board of a school district to appoint to its membership one or more nonvoting or preferential voting pupil members, as defined, if pupils petition the governing board to make those appointments. This bill would delete those provisions and would instead require the governing board of a school district to appoint to its membership a preferential voting pupil member. This bill would also require school districts with more than one high school to select a pupil member from a different high school each year on a rotating basis. This bill would make that duty operative commencing on July 1, 2005. By imposing additional duties on school districts, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 1897 without my signature.

The State Board of Education includes a student member whose participation brings a vibrant dynamic to the statewide policy debate. I am especially pleased with the contributions that the student member I recently appointed has brought to the current State Board. However, mandating that school districts appoint a preferential voting student member to local school board is unnecessary since existing law already provides a mechanism for student representation on local school boards. As such, I encourage all interested students to pursue the wonderful opportunity of being appointed to their local school board, under the provisions of current law.

Sincerely,

Arnold Schwarzenegger

AB 1914 (Montanez)

Education in state prisons.
Existing law requires the Director of Corrections to appoint a Superintendent of Correctional Education to oversee and administer all prison education programs. Existing law requires the Superintendent of Correctional Education to set both short- and long-term goals for inmate literacy and testing and establish priorities for prison education programs. This bill would change the position of Superintendent of Correctional Education to Deputy Director of Correctional Education and require the deputy director to report directly to the Director of Corrections. The deputy director would oversee and administer all prison education programs in conjunction with the Robert E. Burton Correctional Education Committee, which would submit a list to the Director of Corrections of 3 to 5 recommended candidates from which the Director of Corrections would appoint one to serve as Deputy Director of Correctional Education. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 1914 without my signature.

I appreciate and share the authors interest in improving correctional education programs. That is one reason why I appointed Jeanne Woodford as the current California Department of Corrections (CDC) Director, based on her proven support for correctional education programs while Warden at San Quentin State Prison. Signing this bill would only hamper the improvements being planned and implemented by the Director. This bill eliminates accountability for the education programs by creating another layer of bureaucracy that is not directly answerable to the Director. Appointment of a Deputy Director for Correctional Education could only be made from a list of candidates provided by the Correctional Education Committee. This clearly usurps the Directors authority at a time when she is tasked with evaluating the current educational, vocational and treatment programs in order to implement a comprehensive plan to provide more rehabilitation opportunities to end the cycle of violence CDC's Director has an existing Advisory Committee on Correctional Education, which includes representatives of the Superintendent of Public Instruction, and the Chancellors of both the California State University system and the California Community Colleges system. This bill would replace the existing committee with the 15-member Correctional Education Committee appointed by 12 different appointing authorities, hampering the Directors ability to improve and expand education programs. For these reasons I am unable to support this measure.

Sincerely,

Arnold Schwarzenegger

AB 1918 (Montanez)

School employees.
Under existing law, when a certificated or classified school employee exhausts all available sick leave and continues to be absent from his or her duties on account of illness or accident for an additional period of 5 school months, the employee during those 5 months receives the difference between his or her salary and the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence or, if no substitute employee was employed, the amount that would have been paid to the substitute had he or she been employed. This bill would allow a school employee, in a school district that is not subject to the disability compensation laws, to use up to 6 weeks of the 5-month period during which the employee receives differential pay to take time off work to care for a seriously ill child, spouse, parent, domestic partner, or to bond with a new child. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 1918 without my signature.

This bill would require school districts to provide additional disability compensation benefits to school employees, without requiring employees to contribute for the cost of those benefits. These benefits are currently subject to collective bargaining and are appropriately determined at the local level. Requiring all districts to provide this benefit could increase benefit costs and may not be of the highest priority for districts or their employees. For these reasons, I cannot sign this bill, but would encourage school districts to work with their collective bargaining representatives to determine the need for this benefit.

Sincerely,

Arnold Schwarzenegger

AB 1944 (Hancock)

Pupil attendance: precinct board membership.
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, for purposes of computing the average daily attendance generated by a pupil enrolled in a history or social science course required by a school district as a condition of receipt of a high school diploma, deem a pupil serving as a member of a precinct board for an election to be under the immediate supervision, as defined, of the certificated teacher of the history or social science course.

To the Members of the California State Assembly:

I am returning Assembly Bill 1944 without my signature.

This bill would allow schools to receive funding for time when students are volunteering as an elections precinct board member. 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. For this reason, I am unable to sign this measure.

Sincerely,

Arnold Schwarzenegger

AB 1988 (Hancock)

Schools: Irradiated foods.
Existing law authorizes the governing board of a school district to establish food services in the schools under its jurisdiction. This bill would prohibit a school from serving irradiated foods, unless specified conditions regarding those sales are met.

To the Members of the California State Assembly:

I am returning Assembly Bill 1988 without my signature.

While we always want to keep parents informed of a variety of issues, imposing the additional administrative duties proscribed in this bill would increase the cost on school districts by an estimated $5.3 million annually. Since information concerning irradiated food is already available from a variety of sources, these funds would be better spent in the classroom. Therefore, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2015 (Chu)

Special education: individualized education program team.
Existing law requires a school district, special education local plan area, or county office of education to conduct meetings, through an individualized education program team, for the purposes of developing, reviewing, and revising the individualized education program of an individual with exceptional needs. Existing law requires the individualized education program team to be comprised of certain persons, including, whenever appropriate, the individual with exceptional needs. This bill would require an individual with exceptional needs who is over the age of 13 and who has been removed from home, as provided, to be included in the team if a surrogate parent has been appointed to represent the individual's interest, except as provided. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2015 without my signature.

This bill is unnecessary. While I appreciate the authors intent to provide foster youth with exceptional needs a voice in their individualized education program, I believe that current law already responsibly addresses this issue. This bill mandates that the foster youth with exceptional needs over the age of 13 be included on the individual education program team. Current law already requires the individual education program team to include the individual with exceptional needs, when ever appropriate. For this reason, I am unable to support this legislation.

Sincerely,

Arnold Schwarzenegger

AB 2035 (Nakano)

School facilities: regional occupational centers.
Existing law, 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 would deem regional occupational centers to be school districts for school modernization funding purposes of the Leroy F. Greene School Facilities Act of 1998 if the centers would not otherwise qualify for school modernization funding. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2035 without my signature.

This bill would set a precedent for double counting some students in the School Facilities Program by allowing Regional Occupational Centers/Programs (ROC/Ps) and school districts to both receive funding for the same student. While I am supportive of the services provided by ROC/Ps, I cannot support this kind of funding mechanism. For this reason, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2055 (Wolk)

General plan elements.
Existing law requires every city and county to prepare, adopt, and amend a general plan stating development policies and including specified elements, including a conservation element and an open-space element. Existing law provides that no building permit may be issued, no subdivision map approved and no open-space zoning ordinance adopted unless the proposed construction, subdivision, or ordinance is consistent with the local open-space plan. This bill would provide that the conservation element may include the conservation of agricultural lands. The bill would provide that the open-space element, which the bill would rename as the agricultural and open-space element, is the component of a county or city general plan adopted by the legislative body, as specified, and would provide subjects that may be included in the agricultural and open-space element. The bill would make other technical, non substantive changes.

To the Members of the California State Assembly:

I am returning Assembly Bill 2055 without my signature.

Agriculture is one of the most important economic sectors, accounting for over $27 billion in California's economy. As of 2003, 48 local jurisdictions had specifically addressed agriculture in their general plans. This bill would impose new state requirements on all local governments general plans. This bill adds no new protections for agricultural land. In fact, while it renames the Open Space Element to the Agricultural and Open Space Element, it does not require agricultural land to be considered in that element. While I believe that land planning should be done at the local level, it is imperative that the state have a comprehensive vision for land use in California. I have begun work with my Cabinet to develop strategies to ensure that Californians have enough housing and better roads, while at the same time maintaining the natural splendor of our open spaces and the rich economic value of our agricultural lands.

Sincerely,

Arnold Schwarzenegger

AB 2064 (Goldberg)

Parks and recreation: active recreation.
Existing law establishes the Department of Parks and Recreation, which has control of the state park system. This bill would enact the Active Recreation Act, which would authorize the department to facilitate active recreation activities, as defined, in park poor areas, as defined, if specified circumstances apply. The bill would authorize the department, for an acquisition of property after January 1, 2005, to enter into a lease of up to 25 years with a city or county, in order to provide a suitable site for active recreation, if specified conditions are met. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2064 without my signature.

Encouraging recreational activities in park poor areas for young people is a very worthwhile goal for our state. This bill directs DPR to facilitate local active recreation opportunities in park poor areas and to enter into a lease of up to 25 years with local entities. However, DPR already facilitates active recreation activities in park poor areas through its Office of Grants and Local Assistance, which provides a substantial amount of financial and technical assistance to local entities for their park and recreation needs. Local recreation opportunities should be provided by local entities on locally-owned property. Any exceptions should be made on a case-by-case basis following thorough analysis. Should an exception be deemed necessary, there is already an established process for DPR to enter into short-term and long-term leases. For the above reasons I cannot support this measure.

Sincerely,

Arnold Schwarzenegger

AB 2079 (Oropeza)

Voter information: privacy.
Existing law sets forth the requirements for the information to be provided on the affidavit of registration, including that the affidavit of registration include the affiant's California driver's license number, California identification card number, or any other identification number specified by the Secretary of State. This bill would additionally authorize the use of the last 4 digits of the affiant's social security number on the affidavit of registration, and would require that the affiant be advised on the affidavit that only one type of identification number need be provided, as specified. The bill would require the affidavit of registration to contain a statement about confidentiality of the personal information of certain voters, as specified, a statement that commercial use of voter registration information is a misdemeanor, and a toll-free hotline telephone number that the public may use to report suspected fraudulent activity concerning the misuse of voter registration information. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2079 without my signature.

This bill intends to address various recommendations of the Secretary of States Task Force on Voter Privacy. I believe that an open election process instills confidence in California's voters and that any effort to protect a voters privacy must be weighed against the open elections process. Current law provides that the processing of provisional voters is open to the public, both before and after an election. Prior to the processing of provisional ballots, an elections official must make available a list of provisional voters for public inspection, from which challenges may be presented. This bill would prohibit an elections official from disclosing the identity of any provisional voter or a list of such voters before an election is certified, which would make the elections process less accessible to the public during the critical canvass period.

Sincerely,

Arnold Schwarzenegger

AB 2080 (Firebaugh)

Academic Improvement and Achievement Act.
Existing law, the Academic Improvement and Achievement Act, authorizes local educational agencies to submit proposals to the Superintendent of Public Instruction to fund activities that will increase the percentage of pupils at qualifying high schools who meet the requirements for admission to the California State University and the University of California. Existing law requires the Superintendent of Public Instruction to develop an application inviting local educational agencies to apply to receive funds for qualifying schools, subject to an appropriation for the purposes of the act. Existing law states the intent of the Legislature that the grants for purposes of the program be funded by an appropriation in the annual Budget Act. This bill would appropriate $5,000,000 from the General Fund to the State Department of Education for the purposes of the Academic Improvement and Achievement Act. These funds would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.

To the Members of the California State Assembly:

I am returning Assembly Bill 2080 without my signature.

Funding for a new cohort pursuant to the Academic Improvement and Achievement Act (AIAA) was not included in the final budget for 2004-05. I deleted the $5 million augmentation because this small competitive grant program helps only 12 districts out of over 1,000 school districts in the state. The program has sufficient funding to complete the existing cohort. As previously stated, these funds should be spent for educational priorities agreed to with the education community to provide more flexible funding so local schools can fund their most important needs. Therefore, I am unable to support this legislation.

Sincerely,

Arnold Schwarzenegger

AB 2152 (Goldberg)

Pupil achievement grant program.
Existing law establishes various categorical education programs under which funding is provided for specific educational purposes. This bill would establish the Pupil Achievement Program for the purpose of consolidating funding and providing flexibility at the school site in the use of funds from specified categorical education programs. The bill would require a school district to ensure that, from funds apportioned to the school district in each school year for the specified categorical education programs, it expends an amount for direct services to pupils in eligible schools in accordance with specified minimum percentages for any purpose authorized by those programs. The bill would require a school district receiving program funds to ensure that the school district and each school has or continues to maintain advisory committees and school site councils. The bill would also require the school district to have a single school plan that incorporates specified requirements and to use funds allocated pursuant to the program to serve and assist pupils eligible for free or reduced price meals and pupils identified as limited English proficient at eligible schools.

To the Members of the California State Assembly:

I am returning Assembly Bill 2152 without my signature.

While I understand the authors intention to address categorical programs, this bill actually limits the flexibility in the allocation of funds to best meet the needs of schools at the local level. The bill dictates an allocation formula to local districts, instead of allowing school boards the ability to determine the allocation based on their specific needs. For these reasons, I cannot sign this measure.

Sincerely,

Arnold Schwarzenegger

AB 2240 (Oropeza)

Equity in Athletics Bill of Rights.
Existing law, the Sex Equity in Education Act, states the policy of the state that elementary and secondary school classes and courses, including nonacademic and elective classes and courses, be conducted, without regard to the sex of the pupil enrolled in the class or course. Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under any education program or activity receiving federal financial assistance. This bill would enact the Equity in Athletics Bill of Rights and would enumerate the rights available to a pupil relating to gender equity in athletics. The bill would require the State Department of Education to post the bill of rights on its Web site and would require a school board that elects to offer competitive or club sports to its pupils to print and post posters setting forth the bill of rights. The bill would require the posters to contain specified information and would require the poster to be posted at the entrance of the school gym and in the male and female locker rooms.

To the Members of the California State Assembly:

I am returning Assembly Bill 2240 without my signature.

The Federal Title IX requirements that are intended to ban sex discrimination in school academics and athletics have provided a worthy benefit to improving equity in athletics for women and men. However, establishing an additional Equity in Athletics Bill of Rights is generally duplicative and unnecessary. Instead, the Legislature could approve a bill requiring the posting of existing Title IX requirements, on school campuses and on the California Department of Education web site, to help promote greater student and parental awareness of athletic equity issues in California schools.

Sincerely,

Arnold Schwarzenegger

AB 2275 (Dymally)

Equal opportunity programs.
The State Civil Service Act requires each state agency and department to establish an effective affirmative action program with specified components, and to establish goals and timetables designed to overcome any identified underutilization of minorities and women in their respective organizations. Existing law requires the State Personnel Board to conduct specified activities in this regard. This bill would repeal these provisions. It instead would require each state agency to establish an equal opportunity program to ensure that the state policy of providing equal opportunity to all job applicants and employees, based on merit, and prohibiting illegal discrimination in every aspect of personnel policies and employment practices, is fully implemented. It would require the State Personnel Board to conduct specified activities in this regard. This bill contains other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2275 without my signature.

My Administration is firmly committed to ensuring equal employment opportunities for anyone interested in public service with the State of California and that is why my Administration issued Executive Order S-6-04 in March of this year which clearly sets forth the States employment opportunity policies. In a recent court decision, Connerly v. State Personnel Board, the Third District Court of Appeals, invalidated specified sections of the State Civil Service Affirmative Action Program as unconstitutional. However, the sections that provide for data collection and reporting were not found unconstitutional and were not invalidated. Accordingly, under both state and federal law, state agencies have a responsibility to maintain statistical information on the composition of their workforce, and s tate agencies are required by federal law to identify racial, gender and ethnic under-representation in their workforce. I fully expect that all state agencies will comply with this responsibility and maintain meaningful information on the composition of the state workforce. I would consider legislation that repeals those provisions of law that have been judicially invalidated. I encourage the State and Consumer Services Agency to work with the proponents of this legislation to craft a measure that will eliminate the invalid statutory provisions, but does not impose additional reporting and record keeping requirements.

Sincerely,

Arnold Schwarzenegger

AB 2295 (Hancock)

Academic and career exploration plan.
Existing law authorizes the governing board of any school district to provide a comprehensive educational counseling program for all pupils enrolled in the schools of the district. This bill would authorize a school district to provide a pupil with an academic and career exploration plan prior to the completion of grade 9. The bill would require the plan to include a sequence consisting of academic courses that satisfy state and school district requirements and standards for entry into postsecondary education, a sequence consisting of courses or career exploration activities that provide an awareness of career opportunities or training for entry into the work world following graduation from high school, and participation in certain specified academies and programs that focus on career exploration, or career and technical education, or both.

To the Members of the California State Assembly:

I am returning Assembly Bill 2295 without my signature.

While I am generally very supportive of increasing student awareness of career opportunities and guidance in career technical education so that they can be better prepared in workforce competencies, no additional statutory authority is necessary for school districts to provide the services outlined in the bill. Therefore, this bill is unnecessary. Furthermore, the California Performance Review (CPR) task force report will provide a more appropriate venue for consideration of these goals in concert with other components of a more preferable systemic approach to workforce preparation and career technical education. Therefore, I am unable to support this bill.

Sincerely,

Arnold Schwarzenegger

AB 2311 (Jackson)

Energy efficiency: sustainable building.
Existing law establishes various state programs to encourage conservation and energy efficiency in public buildings. This bill would provide that the state sustainable building goal is to site, design, demolish, construct, renovate, operate, and maintain state buildings that are models of energy, water, and materials efficiency, while providing healthy, productive, and comfortable indoor environments and long-term benefits to the residents of the state. The bill would require the Secretary for State and Consumer Services to facilitate the incorporation of sustainable building practices into the planning, operations, policymaking, and regulatory functions of state agencies and, no later than July 1, 2005, submit a report to the Governor with a recommended strategy for achieving this objective.

To the Members of the California State Assembly:

I am returning Assembly Bill 2311 without my signature.

In the beginning of my administration I directed Secretary Tamminen to establish a working group to develop green building bank initiatives for both public and private buildings. Members of the working group include public sector decision makers, commercial real estate business owners and managers, energy experts and financial mangers. The group is currently developing recommendations for a comprehensive program to dramatically advance energy conservation as well as incorporate other green building principles into commercial buildings. This bill is largely identical to an executive order passed in the prior administration. This order has not been rescinded and is still in effect. Since this bill would codify much of an existing executive order, it would not improve upon existing efforts to increase adoption of sustainable building practices in California. For these reasons, I am unable to support this measure.

Sincerely,

Arnold Schwarzenegger

AB 2314 (Horton, Jerome)

State employees.
Existing law prescribes procedures for taking adverse action against state employees, other than managerial employees. This bill would remove the exclusion for managerial employees with respect to these procedures. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2314 without my signature.

This bill would revise disciplinary procedures for state managers. The bill removes the burden of proof for a disciplined managerial employee and eliminates the presumption that the notice of a disciplinary action is true. This bill impacts the state fiscally and creates an environment of lesser accountability among management employees. AB 2314 would result in the state expending additional funds to defend these disciplinary actions by encouraging managerial employees to make an appeal to the State Personnel Board (SPB) of a Departments decisions regarding the adverse action process. Additionally, due to the States fiscal crisis, the SPB has experienced significant budget reductions and would be unable to perform these new activities without additional funding. Transferring the burden of proof in the appeals process to the state would create another redundant process. Adverse actions are only taken after correction actions have failed to rectify an employees performance or behavior. Therefore, I cannot support this measure at this time.

Sincerely,

Arnold Schwarzenegger

AB 2339 (McLeod, Negrete)

Education governance: State Board of Education: Trustees of the California State University: Regents of the University of California.
Existing law establishes the State Board of Education and specifies its membership and duties. Existing law requires the state board to meet, at times it designates by resolution, at least 6 times a year and at least once every 3 months. This bill would provide that, to the extent possible, the State Board of Education shall not meet on the same day on which the Regents of the University of California or the Trustees of the California State University convene for a regular meeting. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2339 without my signature.

The bill is unnecessary. I see no reason why a bill needs to be enacted into law that dictates the coordination of meeting schedules. Nothing in current law would cause the State Board of Education, the California State University Board of Trustees, and the University of California Board of Regents to meet on the same day. Therefore, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2343 (Nation)

School facilities: sprinkler systems.
Existing law, 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. Existing law requires an automatic fire detection and alarm system consisting of smoke or heat detectors to be installed in facilities that are modernized pursuant to the act. This bill would, commencing July 1, 2005, require an automatic fire sprinkler system to be installed in facilities modernized pursuant to the act under certain circumstances. The bill would permit the State Allocation Board, on and after July 1, 2005, to waive the requirement that a project include an automatic sprinkler system, under certain circumstances. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2343 without my signature.

This is an issue that is best resolved by locally elected school boards who are in the best position to determine the structural planning of their schools and the safety needs of their students. Existing law already provides that new school construction projects include automated fire detection, alarm, and sprinkler systems and school modernization projects must include automated fire detection and alarm systems. Therefore, since current law does not prohibit a local school district from adding sprinkler systems to their modernization projects if they choose, I believe this decision is best left to local districts on a case-by-case basis depending upon the needs of their schools.

Sincerely,

Arnold Schwarzenegger

AB 2370 (Goldberg)

Public schools: pupil evaluation of teacher and course.
Existing law requires the course of study for grades 1 to 12, inclusive, to include instruction in various subjects, including, but not limited to, English, science, and mathematics. This bill, with respect to courses of study taught in any of grades 6 to 12, inclusive, would permit a teacher to solicit pupil evaluations of his or her courses, and would prohibit certain actions from being taken against a teacher or pupil as a result of a pupil evaluation.

To the Members of the California State Assembly:

I am returning Assembly Bill 2370 without my signature.

This bill establishes a new statutory evaluation for teachers and places unnecessary restrictions on the use of the student evaluations. Nothing in current law restricts teachers from voluntarily distributing non-binding student evaluations as proposed by this bill. Furthermore, current law already requires teachers to go through a rigorous process of certification, re-certification, and professional development. Codifying this authorization in statute could conflict with existing teacher accountability protocols that adjudicate teacher quality. Therefore I am unable to support this bill.

Sincerely,

Arnold Schwarzenegger

AB 2373 (Goldberg)

School finance: weighted per pupil funding.
Existing law establishes the California Quality Education Commission for the purpose of developing, evaluating, validating, and refining a Quality Education Model for prekindergarten through grade 12, inclusive, to provide state policymakers with adequate tools to enable them to establish the reasonable costs of schools. Existing law requires the commission to develop complete descriptions of prototype schools, for each of the 3 levels of elementary and secondary schools, as provided, and to determine an adequate base funding amount for each of the prototype schools. This bill would require the commission to examine the advantages and disadvantages of allowing a school district to allocate funds to each school in its district based on a weighted per pupil formula, as specified, and to make recommendations regarding its findings. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill No. 2373 without my signature.

The Quality Education Commission (QEC) is charged with evaluating education financing models for the state to consider. It is inappropriate to bias the deliberations of the QEC, by directing it to consider specific approaches and proposals. While I recognize that the Commission may study and recommend any changes to the existing school financing structure under its current authority, I do not want to prejudice the debate of such important issues one way or another.

Sincerely,

Arnold Schwarzenegger

AB 2387 (Firebaugh)

Public postsecondary education: admissions policies.
Existing law, known as 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. Existing law establishes the University of California, under the administration of the Regents of the University of California, and the California State University, under the administration of the Trustees of the California State University, as 2 of the public segments of postsecondary education. 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 these provisions applicable. A provision of the act expresses legislative intent with respect to the determination of standards and criteria for admission to the University of California and the California State University. This bill would add to the act a provision authorizing the University of California and the California State University, until January 1, 2015, to consider culture, race, gender, ethnicity, national origin, geographic origin, and household income, along with other relevant factors, in undergraduate and graduate admissions, so long as no preference is given, if and when the university, campus, college, school, or program is attempting to obtain educational benefit through the recruitment of a multi factored, diverse student body. The bill would express legislative intent that the authority granted by the bill be implemented to the extent permitted by relevant case law and in conformity with a relevant provision of the California Constitution. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 2387 without my signature.

The practical implementation of the provisions of this bill would be contrary to the expressed will of the people who voted to approve Proposition 209 in 1996. Therefore, since the provisions of this bill would likely be ruled as unconstitutional, they would be more appropriately addressed through a change to the State Constitution. For these reasons, I cannot sign this measure.

Sincerely,

Arnold Schwarzenegger

AB 2408 (Yee)

Bilingual services.
Under the Dymally-Alatorre Bilingual Services Act, every state agency, except the State Compensation Insurance Fund, directly involved in the furnishing of information or the rendering of services to the public whereby contact is made with a substantial number of non-English-speaking people, is required to employ a sufficient number of qualified bilingual persons in public contact positions to ensure provision of information and services to the public, in the language of the non-English-speaking person. The act provides that an employee of a state or local agency may not be dismissed to carry out the purposes of the act, and that an agency need only implement the act by filling employee public contact positions made vacant by retirement or normal attrition. This bill would also require the filling of newly created positions. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2408 without my signature.

I fully support our state government serving the needs of our diverse population in an effective and comprehensive way. One way California does this is by hiring bilingual employees who are able to speak to the public in their own languages. The Dymally-Alatorre Bilingual Services Act (Act) established clear guidelines for state agencies to recruit and retain bilingual staff for public contact positions. All state agencies are monitored by the State Personnel Board (SPB) for compliance with the guidelines and procedures of the Act and has the authority to ensure compliance. State agencies are currently required to submit an implementation plan every other year to report on their progress towards complying with the Act. AB 2408 is duplicative of existing law and unnecessarily alters current reporting requirements that will not accurately reflect an agency's progress in complying with the Act. These additional requirements will increase the workload for all state agencies, including SPB, and could result in significant delays in the filling of critical positions by prolonging the hiring process when vacancies need to filled in various state departments and agencies. Additionally, this bill will add a cumbersome and potentially costly exemption process to hire candidates for specified jobs and prolong the current hiring process which may jeopardize the successful and timely implementation of programs designed to improve services to all Californians.

Sincerely,

Arnold Schwarzenegger

AB 2413 (Diaz)

Pupil assessment.
Existing law prohibits a city, county, city and county, or district superintendent of schools or principal or teacher of any elementary or secondary school from carrying on any program of specific preparation of the pupils for the statewide pupil assessment program or a particular test used in the statewide pupil assessment program. This bill would, in addition, place that prohibition on a charter school, and would authorize a city, county, city and county, or district superintendent of schools or principal or teacher of any elementary or secondary school, including a charter school, to use instructional materials provided by the State Department of Education in the academic preparation of pupils for the statewide pupil assessment if those instructional materials are embedded in an instructional program that is intended to improve pupil learning. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2413 without my signature.

In signing Senate Bill 1448, I indicated that I would look to sign a clean-up measure that removed the inconsistencies in the sunset dates for all components of the STAR program, including extending the sunset dates for second grade testing and the norm-referenced test. This bill seeks to only extend the sunset date of the primary language assessment. Therefore, I encourage the Legislature to approve a bill at the beginning of the next session that extends the sunset date for all of the components of STAR and corrects the drafting errors in SB 1448, including the error which required a program of test preparation. In the intervening period, I expect that educators and administrators will continue the current practice of not conducting test preparation. Therefore, I am unable to sign this measure.

Sincerely,

Arnold Schwarzenegger

AB 2416 (Goldberg)

Reading First Plan.
Existing law establishes the Reading First Plan to provide reading instruction to pupils in kindergarten and grades 1 to 3, inclusive, and to special education pupils in kindergarten and grades 1 to 12, inclusive. Existing law requires the Reading First Plan to contain specified elements, including, authorizing a local educational agency to use scientifically based reading research supplemental instruction materials that are aligned with the reading/language arts content standards adopted by the State Board of Education. Existing law requires the local educational agency to provide an explanation in its application for grant funds of how its use of the supplemental instruction materials support the reading/language arts instructional materials adopted by the state board. This bill would authorize a local educational agency that provides every pupil in kindergarten and grades 1 to 3, inclusive, with instructional materials in reading that were adopted by the state board in January 2002, to determine which supplemental instruction materials are scientifically based and aligned with the reading/language arts content standards adopted by the state board.

To the Members of the California State Assembly:

I am returning Assembly Bill 2416 without my signature.

This bill in inconsistent with the State Board of Educations policy to ensure that classroom curriculum is rigorous, standards-aligned and research-based. Authorizing local districts to determine which supplemental instruction materials are scientifically based and standards-aligned does not necessarily provide that assurance. Furthermore, this bill could jeopardize the more than $144 million in Reading First program funding that is provided to the State, if the supplemental instructional materials chosen by local educational agencies were found not to be based on scientifically based reading research. The United State Department of Educations policy guidance for Reading First programs requires that the state educational agency, California's State Board of Education, be responsible for ensuring that only programs based on scientifically based research can be funded through the Reading First program. For these reasons, I cannot sign this measure.

Sincerely,

Arnold Schwarzenegger

AB 2435 (Wiggins)

Courses of study: financial planning.
Existing law requires the course of study for grades 7 to 12, inclusive, to include instruction in various subjects, including, but not limited to, English, social sciences, and mathematics. This bill would permit a school district to include instruction on personal finance.

To the Members of the California State Assembly:

I am returning Assembly Bill 2435 without my signature.

Allowing school districts to teach middle school and high school students about the importance of properly maintaining their personal finances is a worthy objective. However, this bill is unnecessary because school districts already have the authority to teach budgeting, savings, and credit, under current law. Although I am unable to support this legislation, I agree with the importance of learning to spend wisely and properly managing finances. Learning to balance a checkbook, saving money for a rainy day, and understanding the dangers of too much credit card debt are all vital skills for kids to learn in order to become responsible adults. While teaching financial responsibility is important for our children, I would welcome future legislation that requires all members of the State Legislature to complete a course in financial management and responsibility. Requiring legislators to take a refresher course on managing finances may be the wisest investment the State could ever make. California may never have found itself in the deep fiscal crisis that it has had to endure, if such a requirement were signed into law earlier. One of the best lessons we can offer to our children, is to practice sound financial principles, and I believe the Legislature should begin teaching kids by example.

Sincerely,

Arnold Schwarzenegger

AB 2446 (Montanez)

School facilities: joint-use projects.
Existing law, 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. The existing act authorizes the board to provide a grant to fund joint-use projects to construct facilities that meet prescribed criteria, including multipurpose rooms, gymnasiums, child care facilities, libraries, or teacher education facilities. This bill would delete teacher education facilities as eligible joint-use facilities, and would include park and preschool facilities as eligible joint-use facilities, for which a school district may receive funding. The bill would permit a joint-use facility to be located adjacent to an existing school site, on property owned by a school district. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2446 without my signature.

This bill creates new funding pressures for limited bond funds at a time when existing bond funds for new school construction and modernization projects are insufficient to meet existing known needs. Under current law, if demand for joint-use projects is less than existing available bond funds, those funds can be redirected for new school construction and modernization projects. Instead of expanding the projects eligible for joint-use funding, it is more important that the funds are available to ensure that sufficient school buildings are available for existing student needs. The states commitment to eliminate overcrowded classrooms, such as those used for Concept 6 school calendars is a high priority, and I believe the state should make that a higher priority than to expand the use of existing school bond funds for parks and preschool facilities. For these reasons, I cannot sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2455 (Canciamilla)

Instructional materials: requirements of publishers and manufacturers: prices.
Existing law requires the State Board of Education to adopt at least 5 separate basic instructional materials, as defined, for use in kindergarten and each of grades 1 to 8, inclusive, in language arts, mathematics, science, social science, bilingual or bicultural subjects, known as the core subjects, and any other subject, discipline or interdisciplinary areas for which the state board determines the adoption of instructional materials to be necessary or desirable. Existing law prescribes specific criteria by which instructional materials for use in kindergarten and each of grades 1 to 8, inclusive, are to be reviewed for adoption. Existing law authorizes instructional materials to be submitted for adoption no less than 2 times every 6 years for the core subjects, and no less than 2 times every 8 years for any other subject, discipline or interdisciplinary area. This bill would prohibit the state board from adopting basic instructional materials in language arts or mathematics for the same grade level in successive years. The bill would require the State Board of Education to allow the continued use of certain instructional materials for at least 2 years following the 6th year after those instructional materials are adopted if specified conditions are met. The bill would require the state board to consider whether instructional materials for use in kindergarten and each of grades 1 to 8, inclusive, are offered at a price that does not exceed maximum cost limits, to be established by the state board, as specified. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2455 without my signature.

While I am concerned about the rising costs of textbooks, this bill attempts to control prices for textbooks administratively, and may result in the unintended consequence of limiting the number of new books offered for adoption in California. We need to find more creative and realistic solutions to reduce the costs of instructional materials. Furthermore, this bill would also eliminate important revisions made to the Education Code that are an integral part of the Williams v. State of California settlement agreement. For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2462 (Parra)

Home-to-school transportation.
Existing law provides for specified programs to receive an annual state funding increase pursuant to a specified formula, in lieu of an inflation or cost-of-living adjustment. Under existing law, these programs include, among others, special education programs and services, child care and development programs, instructional materials, school improvement plans, and staff development programs. This bill, commencing with the 2006-07 fiscal year, would additionally authorize home-to-school transportation programs to receive that state funding increase.

To the Members of the California State Assembly:

I am returning Assembly Bill 2462 without my signature.

This bill would require an automatic annual cost-of-living and growth adjustment in State funding for home-to-school transportation commencing in the 2006-07 fiscal year. When I signed the 2004-05 Budget, it included $14 million in growth and COLA for home-to-school transportation. However, I am concerned that this bill creates new General Fund cost pressures, constraining the states ability to prioritize school funding. While I fully intend to honor my agreement with the education community to fund COLA and growth on education programs as appropriate, it would be irresponsible for me to restrict a future Administrations fiscal flexibility by requiring automatic spending increases on this program every year. For the reasons stated above, I cannot sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2504 (Maldonado)

Nutrition.
Existing law requires the State Department of Health Services to establish and implement, to the extent funds other than state general funds are available, a "5 A Day--For Better Health" program for the purpose of promoting public awareness of the need to increase the consumption of fruits and vegetables as part of a low-fat, high-fiber diet in order to improve health and prevent major chronic diseases, including diet-related cancers. Existing law authorizes the department to contract with qualified organizations for services to implement this program. This bill would provide that contracts entered into under this provision shall not be subject to the requirements of the State Contract Act. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning AB 2504 without my signature.

The health and well-being of our children is a very important personal issue to me and I am supportive of the authors efforts to provide healthy food alternatives to California's schools. Unfortunately this bill includes language that would make its provisions contingent upon the enactment of SB 1566 (Escutia), which failed passage in the Assembly. As a result, even if signed, this bill would never become operative. For this reason, I am unable to sign the bill.

Sincerely,

 

Arnold Schwarzenegger

AB 2512 (Horton, Jerome)

The role of Filipinos in World War II.
Under existing law, the adopted course of study for grades 7 to 12, inclusive, is required to include instruction in the social sciences, as prescribed. Existing law expresses the encouragement of the Legislature for that instruction to contain instruction on the Vietnam war, including the "Secret War" in Laos, and the role of Southeast Asians in that war. Existing law additionally expresses the encouragement of the Legislature that the instruction include a component drawn from personal testimony of Southeast Asians who were involved in the Vietnam war and those who contributed to the war effort on the homefront. Existing law specifies that this instruction shall be carried out in a manner that does not result in any new duties or programs imposed on school districts. This bill would extend that authority to instruction on World War II, and the role of Filipinos in that war.

To the Members of the California State Assembly:

I am returning Assembly Bill No. 2512 without my signature.

This bill would authorize adopted courses of study in social sciences to include instruction on World War II and the role of Filipinos in that war. While I respect the authors intent to recognize the phenomenal contributions of Filipinos during World War II, State content standards and curriculum frameworks are necessarily broad, allowing for coverage of many important historical events and cultural developments. Current law already allows schools to incorporate in their social science instruction the role of Filipinos during World War II. I believe it is important for the State to refrain from prescribing too much of the details of school curriculum. For these reasons, I cannot support this bill.

Sincerely,

Arnold Schwarzenegger

AB 2545 (Koretz)

Employment: access to exits.
Existing law prohibits employers from requiring any employee to be in any place of employment that is not safe, and requires employers to do everything reasonably necessary to protect the life, safety, and health of employees. Existing law provides that any employer who knowingly, negligently, or repeatedly violates any of these provisions is guilty of a misdemeanor. This bill would require that, beginning January 1, 2006, any employer who establishes any rule or engages in any practice that results in a serious and willful violation of any regulation regarding the maintenance and access to exits, that results in death or serious bodily injury of an employee, be assessed a penalty of 10 times the applicable civil penalty. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning AB 2545 without my signature.

Strong workplace safety laws are a necessary and vital component of a positive business environment in California. More importantly, workplace safety laws must be adequately enforced. That is why the budget I signed in July made no cuts to labor and workplace safety law enforcement. Workers must feel confident that their places of work are safe. California law already provides for the assessment of large penalties against employers who willfully violate workplace safety laws. In fact, criminal penalties for willful violations of such laws were significantly raised in 2000. These penalties, buttressed by a commitment to the enforcement of workplace safety laws, help ensure a safe working environment for working Californians without creating a business environment that drives businesses from our state. Given the recent criminal penalty increases, as well as the commitment of the Labor and Workforce Development Agency to enforce California labor law, I see no reason to support additional civil penalty increases for one particular workplace safety violation.

Sincerely,

Arnold Schwarzenegger

AB 2549 (Pacheco)

Works of improvement: disputed amounts.
Existing law contains various provisions relating to contracts for the performance of private and public works of improvement, including provisions for the withholding and disbursement of retention proceeds. Existing law provides that, with respect to those contracts for works of improvement, the retention proceeds withheld from any payment may not exceed 150% of the disputed amount. This bill would increase the amount that may be withheld from progress payments or final payments, depending on the circumstances, to a sum of various amounts and percentages, as specified.

To the Members of the California State Assembly:

I am returning AB 2549 without my signature.

While I understand the arguments behind this measure, I believe the nuances of the changes proposed may be too complex for many Californians who hire contractors to perform private works of improvement on their homes and private property. Existing law, including lien protections and other prompt pay requirements, afford most contractors with sufficient protection to ensure payment on disputed payments. Additionally, I believe this bill will only further complicate the various disparate statutes regarding disputed payments between contractors and owners. This area of law that is very important to both the consumer and contractor has been amended piecemeal for far too long. I am asking the Legislature to work on crafting a measure that would, not only simplify existing law, but ensure that California consumers are adequately protected and that contractors continue to be treated fairly while providing a consolidation and reform of this entire body of law.

Sincerely,

Arnold Schwarzenegger

AB 2596 (Liu)

School Accountability Report Card: requirements.
Existing law, the Classroom Instructional Improvement and Accountability Act, requires each school district that maintains an elementary or secondary school to develop and implement a School Accountability Report Card, as prescribed, that includes, among other things, information on the degree to which pupils are prepared to enter the workforce and whether the school qualifies for the Governor' s Performance Award Program. The existing act prohibits any change to its provisions, except to further its purpose by a bill passed by a vote of 2/3 of the Legislature and signed by the Governor. This bill would delete the requirement that the School Accountability Report Card include information on the degree to which pupils are prepared to enter the workforce and whether the school qualifies for the Governor's Performance Award Program. The bill would also require each school district to include within the School Accountability Report Card information regarding career technical education, the availability of sufficient textbooks and other instructional materials for each pupil, any needed maintenance of school facilities to ensure good repair, the misassignments of teachers, including misassignments of English learner teachers, and the number of vacant teacher positions for the most recent 3-year period. The bill would define "misassignment" and "vacant position" for this purpose. This bill would also provide that if the Commission on State Mandates finds a school district eligible for the reimbursement of costs incurred in complying with the requirements regarding the school accountability report card, the school district is to be reimbursed only if the information provided in the school accountability report card is accurate, as determined by a specified annual audit, or if the information is determined to be inaccurate, the information is corrected by May 15 and would declare that its provisions further the purposes of the act. By requiring each school district to include this additional information within the School Accountability Report Card, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2596 without my signature.

While I am very supportive of efforts to increase the number of career technical education courses offered as well as heightening the awareness of career technical education across the state, this bill is premature. My Administration will be working in collaboration with the career technical education community and interested stakeholders to develop a comprehensive plan to help give career technical education students the meaningful, high quality education they deserve.

Sincerely,

Arnold Schwarzenegger

AB 2614 (Levine)

Public contracts: school districts.
Existing law requires that a school district that lets a contract involving a specified minimum expenditure for the purchase of equipment, materials, or supplies to be furnished, sold, or leased to the school district, or involving a specified minimum expenditure on a public project, to furnish each prospective bidder with a standardized proposal form that, when completed and executed, is submitted as the bidder's bid. Existing law authorizes the governing board of a school district to require that each prospective bidder for such a contract complete and submit to the school district a standardized questionnaire and financial statement in a form specified by the school district. Existing law further prohibits a proposal form from being accepted from any person or other entity who is required to submit a completed questionnaire and financial statement for prequalification, but has not done so at least 5 days prior to the date fixed for the public opening of the sealed bids or has not been prequalified at least one day prior to that date. This bill would prohibit such a proposal form from being accepted, if the completed questionnaire and financial statement for prequalification is not submitted at least 15 days prior to the date fixed for the public opening of the sealed bids. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2614 without my signature.

This bill would increase the deadline for the submittal of a bidders prequalification documents from no fewer than five days, to no fewer than 15 days prior to the opening of bids for a public contract let by a school district. I understand that the intent of this bill is to give school districts additional time to review applications for prequalification. However, the law already allows school districts to require that the information be submitted earlier than the stated five days and therefore this change is both unnecessary and would reduce school district flexibility. Further, the bill contains a requirement that bids be opened at the same time. While I understand this is intended to clarify existing law, my concern is that this provision could be construed as mandating a higher level of service and the State General Fund may be required to pay for this service. Since this is already common practice by school districts, I find no compelling need to mandate that bids should be opened at the same time and place. For these reasons, I cannot support this bill.

Sincerely,

Arnold Schwarzenegger

AB 2644 (Oropeza)

Air pollution: school bus idling and idling at schools.
Existing law designates the State Air Resources Board as the state agency charged with coordinating efforts to attain and maintain ambient air quality standards. Existing law also designates the state board as the state agency with the primary responsibility for the control of vehicular air pollution. Existing law requires the state board to identify toxic air contaminants that are emitted into the ambient air of the state, and requires the state board to establish toxic control measures for toxic air contaminants. Existing regulations adopted by the state board establish toxic control measures to limit school bus idling and idling at schools. Those existing regulations require drivers of school buses, transit buses, school pupil activity buses, youth buses, general public para transit vehicles, as those terms are defined in the regulations, and specified transit buses and commercial motor vehicles to, among other things, turn off the bus or vehicle engine upon stopping at or within 100 feet of a school, prohibits those drivers from turning the bus or vehicle engine on more than 30 seconds before beginning to depart from a school or within 100 feet of a school, and prohibits those drivers from causing the bus or vehicle to idle for more than 5 consecutive minutes or 5 aggregate minutes in any one hour at any location greater than 100 feet from a school. Those existing regulations provide that any violation of those requirements subjects the driver or the motor carrier to a minimum civil penalty of $100. Those existing regulations authorize the state board, peace officers and the authorized representatives of their law enforcement agencies, and air quality management districts and air pollution control districts, to enforce those provisions. This bill would codify those regulations, and would make any violation of the provisions of the bill subject to those civil and administrative penalties, but would specify that the minimum civil penalty that would be imposed for a violation would be $100 and that specified violations would also be subject to criminal penalties to the maximum extent provided by law. This bill contains other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2644 without my signature.

Improving the quality of our air is a priority of my administration. Through the budget and other legislative efforts we have committed millions of dollars towards clean air programs that are assured to make significant improvements in air quality, including upgrading our aging school bus fleet to new cleaner burning less polluting busses. However, AB 2644 is duplicative of existing state regulations for idling school buses and is unnecessary. This bill will limit the California Air Resources Boards discretionary authority to modify the program. Future refinements, such as changes to reporting and training provisions and other substantive and nonsubstantive amendments would need to go thorough the legislative process and be approved by the Governor. This is an unnecessary level of micro-management that the states regulatory system is designed to address.

Sincerely,

Arnold Schwarzenegger

AB 2647 (Chavez)

High School Remediation Funding Flexibility Program.
Existing law required, commencing with the 2003-04 school year, that each pupil completing grade 12 successfully pass the high school exit examination as a condition of receiving a diploma of graduation or a condition of graduation from high school. Existing law authorized the State Board of Education to delay implementation of that graduation requirement upon making certain determinations. Pursuant to that authority, the State Board of Education delayed implementation of the graduation requirement until the 2005-06 school year. This bill would establish the High School Remediation Funding Flexibility Program for the purpose of providing funding flexibility for remediation instruction for high school pupils in grades 9 to 12, inclusive, who are at risk of not passing the high school exit examination. The bill would require the remediation instruction to be in the core subject areas that are tested on the high school exit examination. The bill would require remediation instruction that is provided in a class setting to have a class size that does not exceed 22 pupils and a school site average of remediation classes not to exceed 20 pupils per class. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2647 without my signature.

This bill is unnecessary. While I am a strong supporter of maintaining a quality academic assessment and school accountability system, of which the California High School Exit Exam (CAHSEE) is an important part, school districts currently receive uncapped supplemental instruction funding for any pupil who does not demonstrate sufficient progress toward passing the exit examination. Therefore, I am unable to support this bill.

Sincerely,

Arnold Schwarzenegger

AB 2686 (Jackson)

Schools: National School Lunch Program.
Existing law requires each school district and county superintendent of schools maintaining any kindergarten or any of grades 1 to 12, inclusive, to provide for each needy pupil one nutritionally adequate free or reduced-price meal during each schooldays and defines a nutritionally adequate meal as a breakfast or lunch that qualifies for reimbursement under the federal child nutrition program regulations. This bill would encourage the governing board of a school district participating in the National School Lunch Program to disseminate information regarding the nutritional content of the lunches served as part of the program and to limit the amount of fat and saturated fat in the entrees served as part of that program in compliance with federal recommendations. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2686 without my signature.

This bill is unnecessary because school districts currently have the ability to implement a school lunch program that offers more low-fat options along with nutritional posting without the enactment of this measure. I have long been committed to the physical health and fitness for kids and adults alike for many years and am concerned that childhood obesity rates have increased dramatically. Every child should be encouraged to pursue a healthy and active lifestyle. However, simply providing parents and students with nutritional information can only make a marginal change in behavior, unless it is coupled with more enforceable mechanisms. The State should tackle important child obesity and health issues in a comprehensive manner, instead of the piecemeal approach to regulating nutrition in schools, as this bill contemplates. For these reasons, I am unable to sign this measure.

Sincerely,

Arnold Schwarzenegger

AB 2713 (Pavley)

Representation of governmental organizations.
Existing law, the State Bar Act, specifies the duties of an attorney, which include the obligation to maintain the confidentiality of information disclosed by a client. This bill would authorize an attorney who, in the course of representing a governmental organization, learns of improper governmental activity, as defined, to urge reconsideration of the matter and to refer it to a higher authority in the organization. The bill would also authorize the attorney, in specified circumstances, to refer the matter to a law enforcement agency or to another governmental agency and would exempt the attorney from disciplinary action for making a referral of the matter.

To the Members of the California State Assembly:

I am returning Assembly Bill 2713 without my signature.

This is a well-intended bill and I applaud the efforts to expose wrongdoing within government. However, this bill would condone violations of the attorney-client privilege, which is the cornerstone of our legal system. This bill will have a chilling effect on when government officials would have an attorney present when making decisions. It is an attorneys duty to advise the governmental officials when they are about to engage in illegal activity. This bill will ensure that advice is not conveyed in every situation and therefore it is too broad to affect the intended purposes. Existing law already addresses the most egregious situations, which is the only time the attorney-client relationship should be breached. It is critical to evaluate the recent changes to the law as it relates to the attorney-client privilege prior to further eroding this important legal principle. For the reasons stated I am unable to support this measure.

Sincerely,

Arnold Schwarzenegger

AB 2724 (Laird)

Postsecondary education: Golden State Scholarshare Trust: California Educational Facilities Authority.
Existing law, known as the Golden State Scholarshare Trust Act, establishes the Golden State Scholarshare Trust, under the administration of the Scholarshare Investment Board, to provide financial aid for postsecondary education costs of participating students. An existing provision of the act provides that participants in the Golden State Scholarshare Trust are permitted to make up payments, in full or in part, for years in which they were eligible to contribute, but did not, for the benefit of a designated beneficiary. This bill would delete the provision that permits participants in the Golden State Scholarshare Trust to make up payments in this manner. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning AB 2724 without my signature.

I support the provisions of this bill that expand and streamline the existing Golden State Scholarshare program. Unfortunately, this bill also includes unrelated provisions that expand the powers of the California Educational Facilities Authority (CEFA) to allow financing of entities that can already be funded through the California Infrastructure and Economic Development Bank. Therefore, expanding that authority to CEFA is duplicative and unnecessary. I encourage the Legislature to pass a consensus measure that includes only the provisions related to the Golden State Scholarshare Program. For these reasons, I am unable to support this measure.

Sincerely,

Arnold Schwarzenegger

AB 2744 (Goldberg)

Content standards.
Existing law requires the State Department of Education to adopt statewide academically rigorous content standards in core curriculum areas, and permits the State Board of Education to modify proposed content and performance standards. This bill would remove the authority of the State Board of Education to modify proposed content and performance standards. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2744 without my signature.

The States entire K-12 educational system: standards, textbooks, teacher training, assessments, accountability and intervention are built on the content standards as the foundation. The State Board of Education currently has the authority to review and revise the content and performance standards as the Board deems appropriate. The original standards were adopted through a public and inclusive process involving teachers, educators and content experts from around the state. Having the development under the authority of the State Board ensures that the public has access to all deliberations around the standards since the State Board is subject to the requirements of the Bagley-Keene Opening Meeting Act. Therefore, I see no compelling reason to shift the duties for standards development from the State Board of Education to the State Superintendent of Public Instruction. For these reasons, I cannot sign this measure.

Sincerely,

Arnold Schwarzenegger

AB 2750 (Steinberg)

State employees: compensation.
Existing law provides that no state officer or employee shall be deemed to have a break in service or to have terminated his or her employment, for any purpose, nor to have incurred any change in his or her authority, status, or jurisdiction or in his or her salary or other conditions of employment, solely because of the failure to enact a Budget Act for a fiscal year prior to the beginning of that fiscal year. This bill would state the intent of the Legislature to implement the rulings of Biggs v. Wilson (9th Cir. 1993) 1 F.3d 1537 and White v. Davis (2003) 30 Cal.4th 528 as part of the statutory law of the state. The bill would require, for any period on or after July 1 of a fiscal year until the operative date of the annual Budget Act for that fiscal year, that the Controller consider any class of state employees who are entitled to compensation for overtime work as coming within the class of employees who are reasonably anticipated to work overtime and thereby entitled, pursuant to the federal Fair Labor Standards Act, to receive full, regular wages for all straight-time hours that the employee is scheduled to work, and to pay those employees on their regularly scheduled payday.

To the Members of the California State Assembly:

I am returning Assembly Bill 2750 without my signature.

This bill is unnecessary. The Legislature has a constitutional obligation to submit a budget to the Governor by midnight June 15th and for the Governor to act upon by June 30th. For these reasons I am returning this bill without my signature.

Sincerely,

Arnold Schwarzenegger

AB 2776 (Bates)

Quality Education Model: school funding.
Existing law establishes the California Quality Education Commission for the purpose of developing, evaluating, validating, and refining a Quality Education Model for prekindergarten through grade 12, inclusive. Under existing law, the commission is required to develop complete descriptions of prototype schools, at least one for each of the 3 levels of elementary and secondary education, to form models that fairly capture the diversity of public schools in California. Existing law also requires the commission to determine an adequate base funding amount for each of the 3 prototype schools. This bill would also require the commission to examine the advantages and disadvantages of apportioning funds to school districts on the basis of enrollment, rather than on the basis of average daily attendance, and to make recommendations regarding its findings. This bill contains other related provisions.

It is inappropriate to bias the deliberations of the Quality Education Commission (QEC) by directing it to consider specific approaches and proposals. If enacted, this measure would send a message to the QEC that both the Legislature and the Administration already give special consideration to the particular approach outlined in the bill. While I recognize that the Commission may study and recommend any changes to the existing school financing structure under its current authority, I do not want to prejudice the hearing debate of such important issues one way or another.

Sincerely,

Arnold Schwarzenegger

AB 2837 (Firebaugh)

Apprenticeship programs.

Existing law provides that the reimbursement rate for apprenticeship education shall be established in the annual Budget Act. Existing law provides that reimbursements may be made for related and supplemental instruction provided to indentured apprentices only if the instruction is provided by a program approved by the Division of Apprenticeship Standards in the Department of Industrial Relations. This bill would prohibit reimbursement for related and supplemental instruction provided to indentured apprentices in a program in the building and construction trades, unless specified criteria are satisfied.

To the Members of the California State Assembly:

I am returning Assembly Bill 2837 without my signature.

This bill is unnecessary. The Labor & Workforce Development Agency and Division of Apprenticeship Standards has recently created a Quality Standards Committee, composed of both union and non-union apprenticeship program sponsors, to work with interested parties on the development of apprenticeship standards. Furthermore, requiring the withholding of reimbursements to apprenticeship programs for supplemental instruction may have the adverse effect on programs in migratory trades, slow-growth trades and highly technical or dangerous trades. All apprenticeship programs already undergo an approval and oversight process through the Division of Apprenticeship Standards that is responsible for ensuring that these programs function effectively. Students or others who are concerned about the quality of any specific programs should bring their concerns to the Division. Therefore, I am unable to sign this measure.

Sincerely,

Arnold Schwarzenegger

AB 2841 (Salinas)

School districts: reorganizations.
Under existing law, a county committee on school district organization may establish a common governing board for a high school district and an elementary school district within the boundaries of the high school district upon a vote of the electors of the school districts. This bill would also permit a county committee on school district organization to abolish that board upon a vote of the electors of the school districts, and would provide that a resolution of the county committee on school district organization to take this action constitutes an order of election. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2841 without my signature.

This bill would significantly change authority for proposing and approving school district reorganizations statewide without first having tested such reforms on a more limited basis. The proposed changes would increase the authority of individual school districts to petition for reorganization, and reduce the role of the State Board of Education in reviewing and approving certain types of district reorganizations. While I am supportive of streamlining the process for school district reorganizations, I would rather test such changes on a pilot basis before permitting the authority statewide. For these reasons, I cannot sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2849 (Lowenthal)

Trustees of the California State University.
Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University. Existing law provides for the membership of the Trustees of the California State University to include 5 specified ex officio members, 16 appointive members appointed by the Governor and subject to confirmation by the Senate, one representative of the alumni associations, 2 student members appointed by the Governor, and a faculty member appointed by the Governor. This bill would increase the membership of the trustees by requiring the Governor to appoint a non faculty employee of the university for a 2-year term. The bill would also include provisions incorporating changes in this provision proposed by AB 1999 and this bill. These provisions would become operative only if AB 1999 is enacted, both of the bills become effective on or before January 1, 2005, and amend this provision, and this bill is enacted after AB 1999. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 2849 without my signature.

I find no compelling reason for increasing the membership of the California State University Board of Trustees specifically to appoint a non-faculty union employee. Under current law, the Governor is authorized to appoint 16 at-large members to the Board, one of whom may be a non-faculty employee. Therefore, this bill is unnecessary. For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2883 (Diaz)

Santa Clara Valley Water District.
Existing law, the Santa Clara Valley Water District Act, creates the Santa Clara Valley Water District and authorizes the district to provide for the conservation and management of flood, storm, and recycled waters, and other waters, for beneficial uses and to enhance natural resources in connection with carrying out the purposes of the district. This bill would authorize the district to conduct any investigation related to surface water or groundwater within the district to determine whether there has been a release of a hazardous substance into waters within the district. The bill would authorize the district to expend funds to perform any investigation, monitoring, cleanup, containment, abatement, or remedial work necessary to evaluate, remove, contain, or remediate the release of a hazardous substance to surface water or groundwater in the district to protect the water and beneficial uses, in accordance with certain requirements. The bill would prohibit the district from exercising this authority under certain circumstances. The bill would make any person causing the release liable to the district to the extent of the necessary costs actually incurred in investigating, monitoring, cleaning up, containing, or abating the effects of the release, or in undertaking other remedial action, as specified.

To the Members of the California State Assembly:

I am returning Assembly Bill 2883 without my signature.
The residents within the Santa Clara Valley Water District (District) are burdened with significant water quality challenges due to historic pollution from specific sites. These challenges may justify the District obtaining extraordinary powers for mitigation and cost recovery. However, the bill lacks the necessary parameters to ensure adequate due process for all. This bill grants the district unprecedented responsibilities that more properly should be under the oversight of a Regional Water Quality Board. The District would have no obligation to follow applicable state water quality policies or plans, thereby leaving it to the District to determine water quality standards and remediation actions, rather than using scientifically established statewide standards. For these reasons I am returning this bill without my signature.

Sincerely,

Arnold Schwarzenegger

AB 2891 (Frommer)

State employees.
Under existing law, persons employed by the Legislature for 2 or more consecutive years are eligible to apply for promotional civil service examinations, including examinations for career executive assignments, for which they meet the minimum qualifications as prescribed by the class specification, as specified. This bill would extend that eligibility to specified former employees of the California Senate Fellows, the Assembly Fellowship, the Judicial Administration Fellowship, or the Executive Fellowship programs and allow agencies to administer a deferred promotional examination to those persons if an examination is not currently being offered.

To the Members of the California State Assembly:

I am returning Assembly Bill 2891 without my signature.

This bill would permit fellows who have completed one of the four Capital Fellows Programs to compete in promotional State civil service exams. While I believe fellows who have completed and served in one of the four programs, are skilled, intelligent and knowledgeable, this bill is unfair by allowing these fellows to compete in exams under circumstances not available to State civil service employees or their fellow CSUS employees. Employees of the State Legislature are only able to participate in promotional state civil service exams if they have served two or more consecutive years of employment. This bill would create an unfair standard by allowing fellows, who only serve a term of eleven months, the same eligibility. There is no demonstrated need to warrant this bill as fellows currently interested in state employment currently have many opportunities for State employment through competition in the open State civil service exam system.

Sincerely,

Arnold Schwarzenegger

AB 2994 (Frommer)

Public contracts: preferences: forest products.
Existing law generally requires state agencies to comply with competitive bidding procedures in soliciting and evaluating bids for public works projects. Existing law authorizes bidding preferences for certain categories of business owners, including businesses owned by military veterans. This bill would require any state agency that contracts for, or acquires, lumber or other solid wood products, excluding paper and other types of secondary manufactured goods, to give preference, if price, fitness, and quality are equal, to lumber and other solid wood products that are harvested from forests within this state. This bill contains other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2994 without my signature.

While I support the goal of recognizing the stringent environmental standards California has placed on the forestry industry, many other industries face similar regulatory burdens without the availability of bidding preferences. The preferences imposed by this bill could result in costly legal challenges, retaliation by other states and nations, and bid protests from those claiming the preference should be granted and those objecting to it. This bill takes the states procurement efforts in the opposite direction of the general economic trends for free and open trade in a global economy. I encourage all Californians to buy voluntarily California-grown and manufactured products, particularly when the price, fitness and quality of the product are equal. As I have said, Be Californian, Buy California Grown.

Sincerely,

Arnold Schwarzenegger

AB 3010 (Laird)

Community colleges: facilities.
Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state. This bill would require the Department of General Services to provide review of community college facility plans at appropriate stages, with certain requirements. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning AB 3010 without my signature because I believe that it is unnecessary. Working with the community colleges on a collaborative basis to modify the current plan review and approval process is a commendable goal, but this can be achieved more effectively and efficiently if addressed administratively, rather than statutorily. In fact, a great deal of work has already been done with stakeholders to identify the problems and successes of the existing process, timelines, schedules, responsibilities and goals. I am directing the Department of General Services' Division of the State Architect to continue working with the Chancellor's Office of the community colleges to ensure a viable design, plan, and review process is in place, so that our community colleges are designed and built in a timely, efficient and cost-effective manner that serves the best interests of the State of California.

Sincerely,

Arnold Schwarzenegger

AB 3017 (Firebaugh)

Advancement Via Individual Determination program.
Existing law establishes the Advanced Placement Challenge Grant Program under which a high school designs and implements a plan that results in its pupils having access to at least 4 advanced placement courses in core curriculum areas. Existing law also requires the Superintendent of Public Instruction to administer a grant program for advanced placement professional development under which nonrenewable 4-year grants would be awarded on a competitive basis to no more than 550 high schools to establish, train, and support teams of teachers or purchase instructional materials and equipment for those courses. Existing law specifies conditions upon a high school receiving funds pursuant to those provisions, including utilizing tutoring and support services such as those provided under the Advancement Via Individual Determination (AVID) program. This bill would make certain findings and declarations regarding the success and continued need for funding for the AVID program, and would appropriate $1,256,000 from the General Fund to the State Department of Education for the support of the AVID program. The bill would make those amounts applicable toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.

To the Members of the California State Assembly:

I am returning Assembly Bill 3017 without my signature. The $1.25 million appropriation in this bill for the Advancement Via Individual Determination program (AVID) was not included in the 2004-05 Budget Act. I recognize the role that the AVID program has served in increasing underrepresented student access to advanced placement courses and higher education. Unfortunately, the States limited resources do not allow for the continued level of support for the program. As I stated in my line-item reduction message, districts currently participating in the AVID program are encouraged to utilize existing staff development dollars to supplement AVID teacher training funding.

Sincerely,

Arnold Schwarzenegger

AB 3021 (Committee on Labor and Employment)

Payroll reports.
Existing law requires employers to file with the Employment Development Department reports of employer contributions and wages paid to the employer's workers during certain prescribed periods. This bill would require an employer with more than 250 employees, beginning on or after January 1, 2006, to include in its first wage report of the calendar year information relating to the number of individuals the employer employed, or hired as service-providers for whom the employer is required to report specified information in California, outside of California, but within the United States, and outside of the United States during the prior calendar year. The bill would require the department to report this information collected from employers to specified legislative committees and to post this information on the department's Web site. This bill would require the department to assess penalties against employers for failing to comply with this reporting requirement and for underreporting individuals employed or service-providers hired by the employer, as provided. This bill would establish the Payroll Reporting Penalty Fund and require penalties collected pursuant to this bill to be deposited into that fund. Moneys in the fund would be available only upon appropriation by the Legislature, and would be expended for the purpose of covering the cost of collection and enforcement.

To the Members of the California State Assembly:

I am returning Assembly Bill 3021 without my signature. This bill requires additional reporting requirements that are not necessary. This bill creates burdensome new mandates that do not produce any identifiable benefit that results in improving California's economic climate or leads to job creation.

Sincerely,

Arnold Schwarzenegger

AB 3102 (Committee on Elections, Redistricting and Constitu)

Elections: voting systems.
Existing law governs the conduct of statewide and local elections, and sets forth provisions governing the approval of voting systems. Under existing law, the Secretary of State is required to study and adopt regulations governing the use of voting machines, voting devices, and vote tabulating devices and the chairs of the standing Senate and Assembly committees dealing with elections are required to meet with and assist the Secretary of State. This bill would instead require that the Secretary of State meet with the chair and vice-chair of the Senate Standing Committee on Elections and Reapportionment and the Assembly Standing Committee on Elections, Redistricting and Constitutional Amendments at least once a year to report on the status, use, and approval of voting systems. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 3102 without my signature.

The bill is unnecessary. Current law requires the chairs of the Legislatures elections committees to meet with the Secretary of State. This bill deletes that requirement and instead, requires the Secretary of State to meet with chairs and vice-chairs of the committee to report on electronic voting systems. Who meets with whom and how often will have no effect on the integrity of the election process. Sounds like a school yard fight to me.

Sincerely,

Arnold Schwarzenegger

SB 76 (Denham)

Education finance: average daily attendance: apportionments.
Existing law authorizes a school district to assign a pupil suspended from school to a supervised suspension classroom under certain circumstances and authorizes the school district to continue to claim apportionments for each pupil assigned to and attending a supervised suspension classroom if, among other things, the classroom is staffed by an employee of the district who possesses a valid certification document. Existing law authorizes the governing board of a school district to suspend the enforcement of an expulsion order and assign a pupil to a rehabilitative school, class, or program and authorizes apportionments for the attendance of pupils in those rehabilitative settings if the pupil is under the immediate supervision of a person who shares the responsibility for the supervision of the pupils in the rehabilitative activities with certificated personnel of the district. This bill would, notwithstanding the provisions above, authorize the governing board of a school district to request approval from the State Board of Education in order to claim apportionments for the attendance of pupils attending a suspension classroom staffed by a non certificated school employee provided that a pupil attending the suspension classroom is allowed to complete for credit any assignments or tests that would otherwise be missed during the period of suspension, the apportionments are for no more than 5 pupils per day, a certified employee monitors the classroom at least 2 times per day, and apportionments for a particular pupil are for no more than 10 days per academic year.

To the Members of the California State Senate:

I am returning Senate Bill 76 without my signature.

This bill would allow school districts to claim apportionment funding for students that are not supervised by a qualified, certificated teacher, in an in-school suspension setting. Current law requires students to be actually engaged in educational activities under the direct supervision of a certificated teacher, in order for school districts to be entitled to funding. At this time, I do not see a compelling reason to change this requirement. Therefore, I cannot sign this measure.

Sincerely,

Arnold Schwarzenegger

SB 215 (Alpert)

Youth policy.
Existing law establishes the Governor's Mentoring Partnership, which includes specified legislative findings and declarations. These provisions state that it is the goal of the Legislature to give every young person in California access to a quality mentoring relationship. This bill would enact the Youth Policy Act. The act would create within the Governor's office the California Youth Policy Council (CYPC), as specified, to coordinate state policy regarding youth development. The bill would provide that the CYPC shall be convened only after a determination by the Department of Finance that non state donations in an amount sufficient to fully support the activities of the CYPC have been deposited with the state. These provisions would remain in effect until January 1, 2011.

To the Members of the California State Senate:

I am returning Senate Bill 215 without my signature.

The establishment of a new council is not necessary as the Legislature and the Administration can create councils to advise them without statutory authority. As I said in my State of the State, I am going to blow up the boxes. This bill creates new boxes when the Legislature and the Administration have many existing resources from which to get advice. For these reasons I am unable to support this measure.

Sincerely,

Arnold Schwarzenegger

SB 449 (Escutia)

Wards: education.
Existing law, the Juvenile Court Law, provides that the purpose of the provisions governing juvenile law is to provide for the protection and safety of the public and each minor who is under the jurisdiction of the juvenile court. When the minor is removed from his or her family, the purpose of these provisions is to secure for the minor the custody, care, and discipline as nearly as possible equivalent to that which should have been given by his or her parents. This bill would require the court to take the educational needs of the minor into consideration when determining the disposition of the minor or when making any other orders related to the care and detention of the minor. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 449 without my signature.

This bill would require the courts and probation officers to consider the educational needs of minors when considering the minors disposition. While I support reinforcing the importance of educational needs in the minors disposition process, SB 449 would impose additional responsibilities on county courts and probation departments, and make current requirements redundant. In addition, this bill will chapter out portions of a bill I signed, Assembly Bill 2795 which gives probation officers the full extent of the time needed to prepare an evaluation of a minors needs prior to disposition. This is an important policy because it will ensure plans are individualized versus a one-size fits all approach. For these reasons I am unable to sign this measure at this time.

Sincerely,

Arnold Schwarzenegger

SB 471 (Vasconcellos)

No Child Left Behind Act of 2001.
Existing law deems a reference in federal law designating a state education agency primarily responsible for state supervision of public schools to refer to the State Board of Education and requires the board to adopt rules and regulations for the allocation of federal funds to local school districts and other agencies entitled to receive federal funds for the support of schools. This bill would require the Superintendent of Public Instruction to determine which provisions of the federal No Child Left Behind Act of 2001 are fully or partially funded, or not funded, by the federal government and report his or her findings to the Governor and Legislature during the hearings on the annual Budget Act. Under the bill, if the superintendent finds that a provision of the federal act has not been fully funded by federal funds, the superintendent would be required to notify specified state officials and appropriate federal officials that California schools will not comply with that provision to the extent that federal funds are not provided. The bill would require the superintendent to revise the state plan for implementation of the federal act, as specified.

To the Members of the California State Senate:

I am returning Senate Bill 471 without my signature.

This bill places state education policy to be in conflict with the No Child Left Behind Act and thus jeopardizes $3.1 billion in federal funds for California schools. It authorizes the Superintendent of Public Instruction to unilaterally determine if the federal government fully funds the No Child Left Behind Act of 2001 (NCLB) and declare that the State and its school districts shall not comply with any portions of NCLB that are found to be under funded. As a donor state, California annually receives far less money than it sends to the federal government. I am unwilling to actively place the federal government in a position to withhold over $3 billion in federal education resources from California schools, especially at a time when we should be providing parents, students, and teachers with the encouragement that all of our state leaders are working together to make our education system the best that it can be. Finally, not only does this bill undermine the intent of the NCLB Act to ensure that all students are held to the same standards, it also undermines California's existing assessment and accountability system. For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 628 (Vasconcellos)

School facilities: funding.
Existing law, 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 the construction and modernization of school facilities, including hardship funding, and supplemental funding for site development and acquisition. The act permits an applicant school district to calculate eligibility for new construction funding on the basis of the high school attendance area if the existing school building capacity in any high school attendance area would prevent another high school attendance area from receiving the maximum per-unhoused-pupil grant specified for the school district as a whole. This bill would instead permit that calculation if the existing school building capacity in any high school attendance area would prevent another school attendance area from receiving the maximum per-unhoused-pupil grant specified for the school district as a whole. The bill would provide that, the board may permit an elementary school district to utilize this calculation if the district's average daily attendance is greater than 9,000 pupils, the high school district contains more than 5 high schools, and the eligibility will serve an overcrowded student population, as defined.

To the Members of the California State Senate:

I am returning Senate Bill 628 without my signature.

This bill would create additional pressure on available state and local school bond funds without first determining whether other options are available to school districts that would be impacted by the bill. While I recognize that some elementary school districts may be operating certain schools in overcrowded school conditions, this bill fails to incorporate any determination of severity of overcrowding conditions or require that a district consider other options, such as realignment of attendance areas or relocation of portable classrooms, to remedy overcrowded conditions. Consequently, at a time when the known need for school construction funds exceeds currently available bond funds, more critically overcrowded projects could go unfunded. For these reasons, I am unable to sign this measure.

Sincerely,

Arnold Schwarzenegger

SB 651 (McPherson)

Supplemental instruction.
Existing law requires the governing board of each school district and each county superintendent of schools to adopt policies regarding pupil promotion and retention and requires a pupil to be promoted or retained only as provided according to those policies. Existing law requires the governing board of each school district and each county board of education to approve a policy regarding the promotion and retention of pupils between specified grades, including between grade 3 and grade 4, and requires that policy to provide for the identification of pupils who should be retained or who are at risk of being retained in their current grade level on the basis of specified factors. This bill would require a school district, commencing on July 1, 2005, as a condition of receiving funding for supplemental instruction, to convene a pupil study team for each pupil who is retained, or at risk of being retained, between the 2nd and 3rd grades because the pupil's reading ability is unsatisfactory, as defined. The bill would require a pupil study team to develop an intervention plan for the pupil to whom it is assigned and to meet once a year for this purpose until the pupil graduates from the school or until the team determines that the pupil no longer needs intervention. If a pupil graduates from elementary school and is still in need of the services provided pursuant to his or her intervention plan, the bill would require a letter to that effect to be placed in the cumulative file of the pupil so that this need is communicated to personnel at the school the pupil will subsequently attend. The bill would require that a school district give first priority for the use of supplemental instruction funding to the implementation of the intervention plans developed by pupil study teams. These new requirements would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 651 without my signature.

While I greatly applaud the authors general intent to lower the number of special education referrals for students who have not learned how to read and to provide assistance to these students, this bill creates a program that is essentially duplicative of efforts addressed through the 2004-05 Budget Act. The budget included a $29.6 million appropriation for purposes of the Reading First program. As a condition of receiving these grant funds, grantees are required to provide a plan to lower the number of special education referrals based upon reading below grade-level and to provide alternative assistance to these pupils. These plans would consist of, but not be limited to, providing diagnostic reading assessments, teacher release time to review assessment information and conduct reading intervention planning sessions, providing instruction to pupils identified as having reading difficulties, and teacher participation in the professional development activities focused on assisting students with reading difficulties. Because these funds and efforts are now in place since the signing of the budget, this bill is not necessary. For these reasons I am unable to support this legislation.

Sincerely,

Arnold Schwarzenegger

SB 888 (Dunn)

Employment: homeland security.
Existing law, by executive order of the Governor, establishes the Office of Homeland Security. This bill would prohibit the performance of any work involving information that is essential to homeland security, as defined, at a work site located outside of the United States unless expertise necessary to perform the work is not available in the United States or parts or materials necessary to perform the work are manufactured outside of the United States. This bill contains other related provisions.

To the Members of the California State Senate:

I am returning Senate Bill 888 without my signature.

I believe there are few things as important as working to ensure the safety and protection of our great state. This bill seeks to protect the states infrastructure by prohibiting work that is essential to homeland security from being performed outside the United States. However, this bill may be unconstitutional under the commerce clause. The language is overly broad and may inadvertently create issues concerning international commerce. There is no guarantee that work performed within a specific locality will somehow be inherently safer than worked performed in another country. The types and levels of security measures taken to protect such information whether here or abroad is a better indicator of how safe that information will remain. Without taking the necessary security measures, information essential to homeland security could be compromised even if it was performed within the United States. This bill will add an additional restriction on contractors that do business with the state and restrict competition which will, ultimately, result in higher prices for services without increasing homeland security. For these reasons I am returning SB 888 without my signature.

Sincerely,

Arnold Schwarzenegger

SB 1137 (Burton)

Teachers' Retirement System: retirement board.
Existing law, the Teachers' Retirement Law, provides for the election of 3 members of the Teachers' Retirement Board, at elections conducted by the board. Existing law also provides for the appointment to the board of either a retired member of the Defined Benefit Program or a retired participant of the Cash Balance Benefit Program of the State Teachers' Retirement Plan. This bill would, as of January 1, 2006, provide that the appointed retired member of the board shall instead be elected by the retired members of the Defined Benefit Program, retired participants of the Cash Balance Benefit Program, and members who are receiving a disability allowance, as specified.

To the Members of the California State Senate:

I am returning Senate Bill 1137 without my signature.

This bill provides that the retired member, who is now appointed by the Governor to the State Teachers Retirement System (STRS) Board, instead be elected by retired members. In 2002, the Legislature passed SB 1580 (Burton) which altered the composition of the board by providing that three members be elected by members of STRS. Additional changes at this time would not be in the best interest of promoting stable leadership of the STRS Board who administer programs and provide investment oversight for its members. This bill diminishes the States presence on the STRS board at time when the STRS fund is experiencing unfunded liabilities and the General Fund is required to contribute over $1 billion to the fund annually. This bill weakens the Administrations ability to ensure the continued viability of the STRS fund. Reducing the Administrations presence on the Board to less than half the membership would be fiscally imprudent due to the current funding arrangement for the system. Unlike most defined benefit retirement systems, STRS has enjoyed funding from the State General Fund to offset marginal fluctuations in the need for contributions to ensure that the System is actuarially sound. Until funding for STRS is revised to eliminate reliance on State General Fund contributions, it is important that the Administration maintain a strong presence on the STRS board.

Sincerely,

Arnold Schwarzenegger

SB 1142 (Chesbro)

School districts: four-day school week.
Existing law authorizes the Pacific Unified School District, the Leggett Valley Unified School District, and the Reeds Creek Elementary School District to operate one or more schools in their respective districts on a 4-day school week if the district complies with specified instructional time requirements and certain other requirements applicable to these school districts. Existing law specifies that if one of these school districts provides less than the required 180 days of instruction, the Superintendent of Public Instruction is required to reduce the base revenue limit per unit of average daily attendance for that fiscal year by a specified amount. Existing law entitles these districts to receive the same support from the State School Fund due to the average daily attendance at the schools within their respective districts that they would receive if they operated under the provision of law relating to the 175-day school year. This bill would delete the reduction in base revenue limit funding that results to these school districts for offering less than 180 days of instruction and would condition the entitlement to the same support from the State School Fund due to the average daily attendance on the districts operating under the provisions of law relating to the 180-day school year.

To the Members of the California State Senate:

I am returning Senate Bill 1142 without my signature.

This bill would authorize school districts operating a 4-day school week schedule to be eligible for longer year incentive funding, even though their schools are in session fewer than 180 days per year. Granting longer year incentive funding without the requirement that districts provide the necessary 180 days of instruction would defeat the objective of the incentive funding program. It would be inequitable for districts that do provide the additional instructional time and the two school districts that currently operate a 4-day week already receive per-pupil funding at levels significantly higher than the statewide average. For these reasons, I cannot support this bill.

Sincerely,

Arnold Schwarzenegger

SB 1177 (Scott)

School safety plans.
Existing law encourages a school site council to consider including certain components in its school safety plan when it next reviews and updates its school safety plan. One of these components is the inclusion of a no guns allowed policy. This bill would additionally encourage a school site council to consider including, when it next reviews and updates its school safety plan, gun violence prevention in health education programs in high schools.

To the Members of the California State Senate:

I am returning SB 1177 without my signature.

While I support the authors goal of gun violence education, current law already encourages school site councils to consider incorporating a no tolerance for violence policy and a no guns allowed policy into school safety plans. While this bill would encourage school site councils to consider including gun violence prevention in high school health education programs, the Health Curriculum Framework adopted by the State Board of Education already addresses gun safety and violence prevention instruction. Therefore, schools may presently integrate these concepts into lesson plans. I respect and support the ability of the local governing bodies to ensure students receive the appropriate level of education on these important topics without further legislative reminder. For these reasons I am unable to support this measure.

Sincerely,

Arnold Schwarzenegger

SB 1271 (Ortiz)

Grant Joint Union High School District.
The California Constitution requires the state to reimburse local agencies and school districts for costs mandated by the state and incurred by a local agency or school district to implement a new program or higher level of service. Existing law excepts from this requirement certain costs including, among others, costs mandated by a statute or executive order that imposes a duty on a local agency or school district that was expressly included in a ballot measure approved by the voters in a statewide election. This bill would include within that exception, costs mandated by a statute or executive order that imposes a duty on a local agency or school district that was expressly included in a ballot measure approved by the voters in a local election. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 1271 without my signature.

This bill is not necessary for the reorganization of Grant Joint Union High School District. Local voters may pursue district reorganization without the terms and conditions outlined in this bill. The voters impacted by any reorganization will make the determination of what is best for their schools and local communities. Under existing law, there is no need for any additional state action. For this reason, I am cannot sign this measure.

Sincerely,

Arnold Schwarzenegger

SB 1299 (Alarcon)

Pupils: academic review and counseling.
Existing law requires the governing board of each school district maintaining high schools and accepting certain funds to establish and maintain a program that ensures that each pupil upon reaching the age of 16 or prior to the end of the 10th grade, whichever is first, has received a systematic review of his or her academic progress and counseling regarding the educational options available to the pupil during the final 2 years of high school. Existing law requires the program to be adopted at a public meeting of the governing board and to include specified provisions. Existing law requires, out of funds appropriated for the program, the Superintendent of Public Instruction to apportion $20 per prior year's enrollment in grade 10 to the district. This bill would authorize a unified school district or a high school district to implement the program in grade 8 or 9, instead, as specified. The bill would make other technical, nonsubstantive, and conforming changes.

To the Members of the California State Senate:

I am returning Senate Bill 1299 without my signature.

While I am generally supportive of allowing school districts the flexibility to address their students needs at the local level, I would prefer dealing with categorical program flexibility in a more comprehensive manner. The Administration's 2004-05 categorical reform proposal would have provided greater flexibility by shifting program funding, along with funding for 21 other categorical programs, into school revenue limits. This would allow local school governing boards to implement counseling programs in any grade they deem appropriate to allow pupils to plan for their postsecondary education options. Instead, this bill deals with one particular categorical program by authorizing a unified school district, or a high school district, to implement the Student Academic Review and Counseling Program in grade 8 or 9, rather than in grade 10. In order to make real change in our public schools the state cannot simply address categorical flexibility in a piecemeal approach as contemplated by this bill. For these reasons, I am unable to sign this measure.

Sincerely,

Arnold Schwarzenegger

SB 1309 (Karnette)

Adult education: funding.
Existing law requires the Superintendent of Public Instruction to determine an authorized limit of adult education average daily attendance for all high school districts and unified school districts that operated and claimed adult education state apportionments for the 1992-93 fiscal year. Existing law provides that for the 1996-97 fiscal year, and each fiscal year thereafter, a school district's adult education average daily attendance for apportionment purposes is its authorized adult education average daily attendance for the prior fiscal year multiplied by 1.025. This bill would provide that, commencing in the 2005-06 fiscal year, and each fiscal year thereafter, the allocation of statewide authorized adult education average daily attendance would be modified pursuant to a specified formula. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 1309 without my signature.

This bill will result in significant state General Fund (Proposition 98) costs, allowing adult education to grow without regard for program needs or the states funding priorities. The state cannot afford to implement such an autopilot growth policy. The Legislature and Administration should have the flexibility to address this issue through the annual budget process. Current law already gives the Superintendent of Public Instruction (SPI) authority to allocate unused fun ding to districts that can demonstrate need, but tempers this authority by requiring that the SPI develop criteria identifying the need for expansion on an annual basis. Furthermore, I am concerned that this bill would circumvent the implementation of adult education audit findings from 1993 that have yet to be applied. Until there is an acceptable resolution on these audit findings, I cannot support legislation that may result in these audit findings being disregarded. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

SB 1343 (Escutia)

Child care: Infant and Toddler Care Master Plan.
Existing law, the Child Care and Development Services Act, requires the Superintendent of Public Instruction to develop standards for the implementation of quality programs. Existing law requires the Superintendent of Public Instruction to develop the state plan for child care and development services in collaboration with prescribed agencies and requires the State Department of Education to coordinate the state plan required under federal law with the state's master plan for child care and development. This bill would require the Superintendent of Public Instruction, working with a senior consultant who has expertise in early care and education, to develop recommendations for a master plan for infant and toddler care in consultation and collaboration with a task force established by the superintendent and comprised of prescribed members. This bill contains other related provisions.

To the Members of the California State Senate:

I am returning Senate Bill 1343 without my signature.

I am a strong supporter of child care programs and want to see the entire child care and school readiness system reformed to provide better services to families. However, there are current systems in place that make the processes established by this bill duplicative and unnecessary. Current law already requires that the California Department of Education develop a master plan for child care and development, and infant and toddler care may be included in this process and avoid possible duplication of efforts. Therefore, I am unable to support this bill.

Sincerely,

Arnold Schwarzenegger

SB 1380 (Escutia)

Instructional materials.
Existing law requires the State Board of Education to adopt at least 5 separate basic instructional materials, as defined, for use in kindergarten and each of grades 1 to 8, inclusive, in language arts, mathematics, science, social science, bilingual or bicultural subjects, and any other subject, discipline, or interdisciplinary areas for which the state board determines the adoption of instructional materials to be necessary or desirable. Existing law requires the state board to ensure that basic instructional materials meet certain specified criteria. This bill would require the state board to annually solicit recommendations from school districts regarding the adoption of instructional materials. The bill would require the state board to adopt instructional materials recommended by a school district or county office of education, unless the state board, within 90 calendar days, makes written factual findings that the instructional materials lack certain specified criteria. The bill would, in addition, require the follow up adoption fee to be based on instructional materials reviewed pursuant to these provisions. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 1380 without my signature.

This bill is inconsistent with the State Board of Education's educational principles to ensure that classroom curriculum is rigorous, standards-aligned and research-based. It would significantly undermine California's current standards-aligned textbook adoption process by not allowing for sufficient consideration of materials submitted by school districts. Provisions in the bill requiring an automatic approval by the State Board of Education within 90 days of submitted instructional materials, unless certain findings are made, could result in a more lenient review standard or a higher rejection rate. Neither of these results serve to provide California's students with the highest level of instructional quality that is deserved. For these reasons, I cannot sign this measure.

Sincerely,

Arnold Schwarzenegger

SB 1381 (Kuehl)

California Task Force for Bicycling and Walking.
Existing law requires the Department of Transportation to engage in various activities relative to bicycles and other non motorized transportation facilities and programs, and provides for a bicycle coordinator within the department who is responsible for bicycle-related activities. Existing law requires the department to submit an annual report to the Legislature regarding programs undertaken for the development of non motorized transportation facilities. This bill would require the Director of Transportation to establish a task force, or to utilize any existing task force, committee, or working group, to make recommendations to help ensure that state and local policies enhance bicycling and walking, improve safety, and seek adequate funding for these and related purposes. The bill would require the department to update and maintain a database developed in connection with a statewide rail right-of-way survey and abandoned rail corridors evaluation being conducted by the department. The bill would also require the department to establish, maintain, and implement a policy to ensure full consideration of non motorized travelers, to be updated every 5 years, if appropriate. The bill would require the annual report to the Legislature to include documentation of the department's efforts to implement the policy. The bill would also make various findings and declarations.

To the Members of the California State Senate:

This bill would require the Department of Transportation (Department) to implement various recommendations of its 2001 California Blueprint for Bicycling and Walking, including use of a new or existing task force or working group to make recommendations on state and local policy that would enhance walking and bicycling in California. The bill would also require the Department to establish, maintain, and periodically update, a policy to ensure full consideration of the needs of non-motorized travelers in all activities of the Department, and would require that it include in an existing annual report, updates on its progress in implementing this policy. When I signed the Executive Order in February of 2004 creating the California Performance Review (CPR), its mission was to make fundamental changes in state government, establish new procedures to create greater efficiencies, prioritize government functions, create true accountability over the fiscal management of state resources. CPR reviews government functions at all levels when there is interaction with state government. While I support efforts to promote increased walking and bicycling, both of which are important for improving physical fitness, I believe that this measure would impose unnecessary legislative requirements. However, although vetoing this measure I am instructing the Director of Transportation to ensure that the Department continues to implement its policy of fully considering the needs of all transportation system users, including non-motorized users, in all its operations. For these reasons I am returning SB 1381 without my signature.

Sincerely,

Arnold Schwarzenegger

SB 1386 (Vasconcellos)

Pupils: drug and alcohol testing.
Existing law authorizes a superintendent or principal of a school to suspend or expel a pupil who commits one or more of enumerated acts including, among others, certain specified acts regarding the use, possession, or offering of intoxicants. This bill would provide for the drug or alcohol testing of a pupil only upon a reasonable suspicion, as defined, that the pupil is unlawfully using or has unlawfully used a controlled substance, as specified, or alcohol. The bill would require a school district, if it adopts a drug and alcohol testing policy, to provide adequate notice of the policy to the parent or guardian. The bill would also restrict access to test results to specified individuals. The bill would provide that a school district should seek to ensure that a pupil who tests positive for the unlawful use of drugs or alcohol is referred to a school counselor, a substance abuse professional, or other appropriate school staff, to develop a course of treatment to address the unlawful use of drugs or alcohol. This bill contains other related provisions.

To the Members of the California State Senate:

I am returning Senate Bill 1386 without my signature.

While I support providing assistance to public school students who may be at risk for substance use and abuse, this bill would remove the flexibility for implementing a drug testing policy. Depriving schools of authority in determining and establishing drug testing policies and practice compromises local control. All Californians across the state should share the goal of making our schools a safe, drug free environment for students to learn and thrive. However, specific drug testing policies in schools are locally determined issues. Therefore, statewide legislation is unnecessary. Currently, if a community determines that a drug testing policy is necessary, local officials have the ability to establish the specifics of that policy. I cannot support legislation that eliminates the ability of local school districts to make decisions based on the needs and values of their community. For these reasons, I cannot sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 1401 (Perata)

Public employees' retirement: benefits report.
Existing law requires the Board of Administration of the Public Employees' Retirement System to provide various annual reports to the Governor and the Legislature. This bill would additionally require the board to conduct a study and report to the Governor and the Legislature, by December 31, 2005, regarding the adequacy of retirement benefits paid to certain state retirees and their survivors and beneficiaries.

To the Members of the California State Senate:

I am returning Senate Bill 1401 without my signature because the impetus of the study required in the bill is contrary to the direction that my Administration has proposed regarding pension reform and costs.

The findings from this study would be used to determine whether the retirements benefits paid to this specific retiree group are enough; these findings could lead to asking for more benefits to be paid out. This bill would require the California Public Employees Retirement System (CalPERS) to conduct a study of the adequacy of retirement benefits paid to state members, and their survivors and beneficiaries, who meet specified criteria. CalPERS is required to report its findings to the Legislature and the Governor by December 31, 2005. CalPERS recently undertook a benefit adequacy study reporting on the adequacy of benefits for career employees with 25 to 30 years of service. The results of that study were reported to the CalPERS board in July 2000 and July 2002. There is no need for another study at this time as current reports are sufficient for assessing the adequacy of retirement benefits paid to certain state retirees. Until such a time as our fiscal house is in order, it is inappropriate to require additional reporting requirements on any state department or agency for reports that would not further reform government spending.

Sincerely,

Arnold Schwarzenegger

SB 1418 (Vasconcellos)

Articulation of educational purpose and policy.
The California Constitution requires the Legislature to provide for a system of common schools and includes within that system all kindergarten schools, elementary schools, secondary schools, community colleges, and state colleges, and the school districts and other agencies that maintain those schools and colleges. This bill would articulate the Legislature's intent as to the purpose and public policy of that system.

To the Members of the California State Senate:

I am returning Senate Bill 1418 without my signature.

I wholeheartedly support setting the highest expectations of achievement for students, by encouraging everyone involved in our K-12 schools to work together in making California's education system the envy of the world. I believe the state should have high goals for education and should always be striving to develop better ways of delivering a quality education for all students. While it may be appropriate for California to adopt educational goals and principles, great care should be taken that the goals and principles are achievable both fiscally and programmatically. This measure creates expectations that the state will deliver an educational system without providing specific programmatic changes needed to achieve the general goals and principles in the bill. While I agree with much of the intent expressed, I firmly believe government should deliver what it promises. To that end, I am more than willing to work collaboratively with members of the education community and the Legislature to revise specific educational programs to be more effective and find new ways to serve all students. However, while well meaning in its intent, I am concerned that this bill could create grounds for litigation against the state in the future for failing to meet its ambiguous goals. For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 1419 (Vasconcellos)

School accountability: Opportunity for Teaching and Learning index.
Existing law establishes the Public School Performance Accountability Program which consists of the Academic Performance Index (API), the Immediate Intervention/Underperforming Schools Program, and the High Achieving/Improving Schools Program. The API measures the performance of schools and the academic performance of pupils and consists of a variety of indicators. This bill would state the intent of the Legislature to establish the Opportunity for Teaching and Learning (OTL) index as part of the Public School Performance Accountability Program to measure the opportunities for teaching and learning as evidenced by access to high-quality learning resources, conditions, and opportunities, based on standards that specify what all schools should have available for instruction and support. This bill contains other related provisions.

To the Members of the California State Senate:

I am returning Senate Bill 1419 without my signature.

While measuring the opportunity for K-12 pupil learning in ways that permit statewide comparison of school programs is important, California has already established a solid comprehensive assessment and accountability program. The states current Academic Performance Index (API) provides high quality public data on schools academic performance. The accountability system provides a similar schools rank, which compares a school to 100 other schools with similar school ranking. This allows parents and other stakeholders to see how a school compares with other schools that have the same challenges. Additionally, this bill is redundant to the School Accountability Report Card (SARC) as most of the indicators contained in this bill are also contained in the SARC. For these reasons, I am unable to support this bill.

Sincerely,

Arnold Schwarzenegger

SB 1423 (Brulte)

Charter schools: Riverside Unified School District charter high school.
The existing Charter Schools Act of 1992 authorizes teachers, parents, pupils, and community members to petition the governing board of a school district to approve a charter that permits a school to operate independently from the existing school district structure as a method of accomplishing specified goals. The existing act deems a charter school to be under the exclusive control of the officers of the public schools with regard to the appropriation of public moneys allocated to a charter school. The existing act requires a charter school to provide pupils with certain basic instructional services and to perform specified administrative functions. This bill would, until July 1, 2010, exempt a charter high school chartered by the Riverside Unified School District and operated in cooperation with the Riverside Community College District from the requirements relating to teachers and would indefinitely exempt that charter high school from the requirements relating to the age of a pupil, as specified. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 1423 without my signature.

This bill would provide special exemptions to teacher qualification and pupil age requirements for a charter school operated in cooperation between Riverside Community College District and Riverside Unified School District. Treating one particular charter school differently than other charter schools is not appropriate. Therefore, I am unable to support this bill.

Sincerely,

Arnold Schwarzenegger

SB 1442 (Ducheny)

Education finance: Joint Commission on Adult Education.
Existing law authorizes the governing boards of high school districts and unified school districts to establish classes or schools for adults. Existing law also establishes standards for the funding of adult education through apportionments based on calculations related to the average daily attendance in adult education classes of a school district. This bill would establish the Joint Commission on Adult Education for the purpose of making recommendations regarding the coordination of adult education and noncredit community college programs in order to improve adult education services. The joint commission would advise the Legislature, the Governor, and state agencies regarding program standards, program accountability, quality, and the need for coordination of program services. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 1442 without my signature.

This bill would create a new commission to evaluate coordination and funding for adult education and community college non-credit courses. Creating a new commission for this purpose would result in new costs and redundant government bureaucracy. While the bill specifies that these costs would be absorbed by the Community College Chancellors Office and the State Department of Education, the result would be to simply displace other work done by these offices. Further, California's current education governance structure already includes advisory bodies from which the Governor and the Legislature may seek analysis and recommendations regarding coordination and funding for adult education. In addition, the California Performance Review has recently completed an intensive evaluation of state governance structures and operations, including missions, organizational structures, agency operations, and overall contributions and makes significant recommendations regarding the governance of education. The review specifically targets agencies with overlapping duties, redundant reporting requirements, and out-dated functions. It is premature to make any changes to existing agencies or commissions until these recommendations are fully vetted by the Administration, the Legislature, and the public.

Sincerely,

Arnold Schwarzenegger

SB 1492 (Dunn)

Confidential information.
Existing law prohibits a health care provider, health care service plan, or contractor from disclosing medical information regarding any patient of the health care provider or enrollee or subscriber of the health care service plan without first obtaining an authorization, except as specified. Existing law makes a violation of this provision, and related provisions relating to the handling of confidential medical information, subject to administrative, civil, and criminal penalties. This bill would prohibit a health care business, as defined, from transmitting individually identifiable health information, as defined, to a site outside the United States, unless specified notice and authorization requirements are satisfied. The bill would also require a person or entity that has contracted or subcontracted with a health care business to receive individually identifiable health information to disclose to the business if any of the information will be transferred outside the United States. The bill would further require specified persons and entities to make those disclosures to their patients, upon request. The bill would prohibit a health care business from discriminating against an individual or denying an individual health care service because the individual has not consented to the transfer of individually identifiable information outside the United States. This bill would create a state-mandated local program by imposing the above-described penalties on persons who violate this provision. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 1492 without my signature.

This bill prohibits a health care business from transmitting an individuals health information outside of the United States. This bill is unnecessary. Existing laws prohibit the sharing of an individuals medical information. The California Medical Information Act and the federal Health Insurance Portability Accountability Act (HIPAA) provide mechanisms to protect confidential information and remedies against those who violate the acts. Therefore, I cannot sign this measure.

Sincerely,

Arnold Schwarzenegger

SB 1591 (Machado)

Regional occupational programs: eligibility of pupils.
Existing law provides that a pupil must have attained the age of 16 years to be admitted to a regional occupational center or program, with certain exceptions. This bill would provide that a pupil who will attain the age of 16 years during that school year may be admitted to a regional occupational center or program.

To the Members of the California State Senate:

I am returning Senate Bill 1591 without my signature.

This bill would amend the current eligibility requirements for Regional Occupational Centers and Programs (ROCP) by allowing an unlimited number of pupils who are not 16 years of age when they start the school year, but will turn 16 during the school year, to receive career technical education in one of these programs. Current law already allows ineligible students to enroll in these programs, if an appropriate waiver is filed and approved. I am a strong supporter of career technical education programs and want to see the States high school and postsecondary system reformed to provide better opportunities to acquire real world job skills and qualifications. A comprehensive reform proposal would create opportunities for students who do not choose to pursue four-year college degrees to become better prepared to enter the workforce upon graduation. I wholeheartedly support California's policy to have all students meet high academic standards in core subjects and believe all students who want to pursue college or a vocational career should have the opportunity to receive the type of academic preparation that will enable them to succeed. I think all students should have opportunities to explore their interests and special capabilities and to understand what career choices they have. However, the State is already allocating hundreds of millions of dollars for career technical education and training across a number of agencies and departments. These resources should be better coordinated to maximize the benefit for all Californians. Therefore, the more appropriate approach to tackling this issue is for my Administration to work with the Legislature in developing a comprehensive plan for strengthening career technical education programs in the State, instead of simply enacting piecemeal changes, as this bill contemplates. For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 1630 (Speier)

Steroids and performance-enhancing dietary supplements.
Existing law sets forth the rights and responsibilities of pupils in public schools. Existing law further requires certain school employees to comply with various educational requirements. This bill would require the State Department of Health Services, in consultation with the California Interscholastic Federation, to develop a list of performance-enhancing dietary supplements, as defined, on or before January 1, 2006, with certain requirements. The bill would require the California Interscholastic Federation to amend its constitution and bylaws to require that school districts prohibit a pupil from participating in high school sports on and after July 1, 2006, unless that pupil agrees not to use any of the prohibited substances identified by the department and the parent or guardian of that pupil signs a notification form regarding those restrictions. This bill contains other related provisions.

To the Members of the California State Senate:

I am returning Senate Bill 1630 without my signature.

The illegal possession and use of performance enhancing steroids is clearly prohibited and those existing laws should be strongly enforced to their full extent, particularly given the apparent heightened activity surrounding this dangerous practice. However, this bill focuses on performance-enhancing dietary supplements (PEDS) instead of focusing on ensuring that students participating in high school sports are not engaged in steroids use. Furthermore, the technical definition of PEDS, as specified in the bill, is unclear, open-ended and difficult to interpret, making implementation problematic. Developing a list of PEDS based on the defined parameters will be a problem, since most dietary supplements are safe, and neither the Department of Health Services (DHS) nor the California Interscholastic Federation (CIF) will be able to make any clear distinctions based on the criteria outlined in the bill. Currently, the Food and Drug Administration (FDA) regulates dietary supplements. While this bill requires the DHS and the CIF to develop a list of PEDS to be used in regulating the participation of students in high school sports, this activity is best left with the FDA, which has a broader and deeper knowledge base to develop a scientifically validated list of harmful PEDS. However, because of the importance of this issue, I encourage the Legislature to work with my Administration in developing a cost-effective way to ensure school personnel are adequately trained to identify and address the harmful effects of steroids use, so that students can be well informed, and intervention involving parents and coaches can be applied when appropriate.

Sincerely,

Arnold Schwarzenegger

SB 1645 (Escutia)

Economic impact aid.
Existing law, which became inoperative on June 30, 1987, provides economic impact aid to school districts based on the number of economically disadvantaged pupils in the district and other factors, with certain requirements and continues funding for the intended purposes of the inoperative program. This bill would establish a task force to develop options for restructuring the funding formula for that aid. The bill would require the task force to include one or more representatives from the Department of Finance, the Office of the Legislative Analyst, and the Department of Education. The bill would require the task force to submit its findings and recommendations to the Governor, the Legislature, and the Quality Education Commission on or before January 1, 2006. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 1645 without my signature.

This legislation is not necessary to develop options for restructuring Economic Impact Aid (EIA) funding. I believe this work can be accomplished from within existing resources and does not require the redirection of $1 million in federal funds as this bill provides. I direct the Department of Finance and the Secretary for Education to work in collaboration with the Legislative Analysts Office and the State Department of Education to develop options for consideration in restructuring the EIA funding formula.

Sincerely,

Arnold Schwarzenegger

SB 1692 (Vasconcellos)

Pupil health: vision appraisal.
Existing law requires, upon first enrollment in a California school district of a pupil at a California elementary school, and at least every 3rd year thereafter until the pupil has completed the 8th grade, the pupil's vision to be appraised by the school nurse or other authorized person, as specified. This bill would also require that if a vision appraisal is conducted, each pupil is to receive a notice and questionnaire regarding pupil vision, as specified. The bill would require each school to commence that distribution no later than September 1, 2005. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 1692 without my signature.

This bill is unnecessary. Currently, students are required to have their vision appraised upon enrollment in elementary school and at least every third year thereafter until the completion of 8th grade. Moreover, schools are required to notify parents if any vision defects are detected in their child's vision screening. An additional notice and questionnaire regarding the child's vision would be redundant. Therefore, I am unable to sign this measure.

Sincerely,

Arnold Schwarzenegger

SB 1754 (Battin)

State property: use of real property: Department of General Services.
Existing law generally sets forth the duties and authority of the Department of Finance in overseeing the fiscal affairs of the state and the duties and authority of the Department of General Services in acquiring, assigning, and maintaining property on behalf of state agencies. This bill would provide that final determination of the use of existing state-owned or state-leased office space that is currently under the jurisdiction of the Department of General Services by state agencies shall be made by the Department of General Services with the concurrence of the Department of Finance. It would provide that the request of an agency to acquire new facilities requires the approval of the Department of Finance in addition to any applicable requirement of approval by the Legislature. It would require the Department of General Services to procure approved new facilities for any agency that currently leases, purchases, acquires, or constructs its own office space through the department that meet the agency's needs using cost efficiency as a primary criterion, among any other agency-specific criteria, as applicable. It would require the Department of General Services to first consider the utilization of existing state-owned, state-leased, or state-controlled office facilities under the control or authority of the Department of General Services that meets that criterion before considering the leasing of additional office facilities on behalf of a state agency. It would also require that when tenant state agencies located in existing state-owned office space vacate their premises, they continue to pay rent for the facilities unless and until a new tenant can be assigned or until the Department of General Services can negotiate a mutual termination of the lease, unless the department has generated the tenant's relinquishment or the tenant is vacating in accordance with the provisions of its lease agreement.

To the Members of the California State Senate:

I am returning Senate Bill 1754 without my signature.

I issued Executive Order S-10-04 to begin the comprehensive process of reforming the states asset management program. Senators Battin and Denham have been instrumental in moving these ideas forward in the Legislature. Unfortunately, this bill inadvertently creates another layer of bureaucracy by requiring an additional review of leases that are less than $25,000. I believe that this will only delay the execution of state leases. I look forward to working with the Legislature next year as we continue this important reform effort.

Sincerely,

Arnold Schwarzenegger

SB 1791 (Poochigian)

Controller: financial reports.
Existing law requires the Controller to annually compile and publish reports of the financial transactions of each county, city, and special district within the state, together with other matters he or she deems of public interest. This bill would require the Controller to collect data regarding the total assessed valuation of all taxable property in each school district and to compile the information on a county basis. The bill would require the Controller to make this data available on the Controller's Web site by June 1 of the fiscal year for which the data was collected. This bill contains other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 1791 without my signature.

While I am supportive of transparent and accessible tax base information, this is already adequately provided by existing systems. If school districts need this information, they currently have the ability to compile it by working with local tax officials. This bill would unnecessarily create new annual General Fund (Non-Proposition 98) cost pressures in the hundreds of thousands of dollars by having the State mandate these compilations. Therefore, I am unable to support this bill.

Sincerely,

Arnold Schwarzenegger

SB 1841 (Bowen)

Electronic monitoring of employees.
Existing law prohibits an employer from recording an employee in certain areas of the workplace without a court order. Existing law makes a violation of the prohibition on recording employees a misdemeanor. This bill would prohibit employers from engaging in electronic monitoring, as defined, of employees, as defined, without first providing notice to the employees, except in certain specified circumstances. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 1841 without my signature.

Employees should have reasonable privacy protections in the workplace. Existing law limits monitoring of phone calls and prohibits video and audio recordings in restrooms and locker or changing rooms. In today's electronic environment, employers give their employees access to technological advancements, such as use of the Internet and e-mail, for business purposes, employers should have the ability to monitor employee activity in order to ensure the access is not being abused. Unfortunately, in attempting to provide employees with notice of monitoring, this bill places an unfair and unrealistic burden on those employers wishing to monitor the electronic activity of their workers. The notice requirements in this bill are too broad and do not define what constitutes proper notice, which I cannot support when an employer that fails to issue a notice or that issues a deficient notice faces the possibility of a misdemeanor conviction and civil lawsuits.

Sincerely,

Arnold Schwarzenegger

SB 1849 (Karnette)

Political Reform Act of 1974.
The Political Reform Act of 1974 requires that the following persons or entities periodically file reports online or electronically with the Secretary of State: (a) specified candidates for public office if the total cumulative amount of contributions received, expenditures made, loans made, or loans received is $50,000 or more, (b) a committee supporting or opposing candidates or ballot measures if it makes contributions of $50,000 or more in a calendar year, (c) any general purpose committee, as defined, that cumulatively receives contributions or makes expenditures totaling $50,000 or more, (d) any slate mailer organization with cumulative reportable payments received or made for purposes of producing slate mailers of $50,000 or more, and (e) lobbyists, lobbying firms, and lobbyist employers if the total amount of any category of reportable payments, expenses, contributions, gifts, or other items is $5,000 or more in a calendar quarter. This bill would require the Secretary of State, by January 1, 2006, to provide a means or method whereby these reports may be filed free of charge. As of July 1, 2006, this bill would require these reports to be filed if: (a) for candidates, the total cumulative amount of contributions received, expenditures made, loans made, or loans received is $25,000 or more, (b) for certain committees, $25,000 or more is contributed in a calendar year, (c) for general purpose committees, $25,000 or more is received or spent to support or oppose a candidate for state office or a state measure, and (d) for a slate mailer organization, cumulative reportable payments received or made for purposes of producing slate mailers are $25,000 or more. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 1849 without my signature.

This bill would lower certain monetary thresholds which trigger electronic filing requirements. On-line campaign reporting is one of the most significant advancements in the area of political reform, since the original passage of the Political Reform Act in 1974. Under existing law, the Secretary of State was required, by December 31, 2002, to provide a means or method whereby filers subject to the Online Disclosure Act may submit required filings free of charge. While the Secretary of States Office has reported significant progress toward the development of a free on-line filing system, the system has not been completed. Although I have no issues with the concept of lowering the threshold to utilize online filing systems, the system is not ready. Today I have signed SB 1712 which would require the Secretary of State to report on the filing requirements to promote on-line submissions. When that report is complete or if the system is developed beforehand, then the lowering of the threshold would be appropriate. For this reason I am returning this bill without my signature.

Sincerely,

Arnold Schwarzenegger

SB 1851 (Bowen)

State buildings and publicly funded schools: standards.
Existing law requires all new state public buildings and publicly funded schools to be models of energy efficiency and to be designed, constructed, and equipped with all energy efficiency measures, materials, and devices that are feasible and cost-effective over the life of the building. Existing law also requires all state public buildings and publicly funded schools, when renovated or remodeled, to be retrofitted to meet specified building standards. This bill would require until July 1, 2007, all new state public buildings for which design and construction begins after January 1, 2005, except for publicly funded schools, to exceed the minimum building energy efficiency standards mandated by the California Building Standards Code if the measures achieve certain cost savings. This bill contains other related provisions.

To the Members of the California State Senate:

I am returning Senate Bill 1851 without my signature.

This bill requires new state buildings to exceed current energy efficiency standards and be constructed and/or renovated to incorporate green building elements that are cost-effective. Early in my Administration, I directed Secretary Tamminen to establish a working group to develop green building bank initiatives for both public and private buildings. Members of the working group include public sector decision makers, commercial real estate business owners and managers, energy experts and financial mangers. The group is currently developing recommendations for a comprehensive program to dramatically advance energy conservation as well as incorporate other green building principles into commercial buildings. Additionally, this bill is similar to the executive order passed in the prior administration which directed all state agencies to improve energy efficiency in all state buildings. This order has not been rescinded and is still in effect. Since this bill would codify much of an existing executive order, it would not improve upon existing efforts to increase adoption of sustainable building practices in California.

Sincerely,

Arnold Schwarzenegger

SB 1892 (Burton)

Personal services contracts.
Existing law permits state agencies to enter into specified personal services contracts to achieve cost savings when certain conditions are met. Among these conditions is a requirement that a state agency that proposes to enter into such a contract notify the State Personnel Board of its intention to do so. Upon receipt of this notification, the board is required to notify organizations that represent state employees that perform the types of work described in the contract. These organizations may request the board to review the proposed contract to determine whether the purpose of entering into the personal services contract is to achieve cost savings. This bill would require these types of contracts to contain a provision stating that, in the event the board determines that the contract is not in compliance with the requirements that apply to personal services contracts, the contract will be terminated and the contractor will be liable for a penalty equal to the amount paid by the state agency to the subcontractor prior to the termination of the contract. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 1892 without my signature.

This bill repeals and amends various provisions regarding State personal services contracts and establishes that if the State Personnel Board (SPB) disapproves any contract, any individual could sue for the recovery of any State funds paid to a contractor, even if the contract has been negotiated and the contractor has begun the work. This bill adds additional and unnecessary burdens to the contracting process of the State by requiring that no work can be done until SPB, and labor organizations, have approved or disapproved the contract. It also eliminates the 30-day timeframe in which the SPB must act on personal services contracts leading to increased delays and costs in getting contracts approved and awarded. In addition, it makes contractors liable for the amount already paid out under the contract if SPB determines that a current contract does not comply, thereby putting private contractors at risk to incur fines even though they entered into a contract in good faith and performed the work satisfactorily. This bill creates significant delays, backlogs and eliminates competition. Such delays will unnecessarily impact essential public services and places increased costs on all state agencies, including SPB. For the reasons stated above, I cannot support this measure.

Sincerely,

Arnold Schwarzenegger

SB 1897 (Burton)

Child care reform.
Existing law authorizes the Superintendent of Public Instruction to develop standards for the implementation of quality child care programs and to contract for the provision of child care and development services. This bill would require the Child Development Division of the State Department of Education, on or before July 1, 2006, to provide to the Superintendent of Public Instruction a baseline assessment of the supply and demand for subsidized and unsubsidized child care. The bill would require the superintendent to make recommendations to the Legislature on or before March 1, 2007, based on that assessment. This bill contains other related provisions.

To the Members of the California State Senate:

I am returning Senate Bill 1897 without my signature.

This bill has the potential to add significant fiscal pressure to the States current budget deficit by establishing new reimbursement methodologies likely to increase rates and facilitating the organization of child care providers. Even with our fiscal crisis, California has the highest child care reimbursement rates in the nation. Consistent with the 2004 Budget Act and the California Performance Review (CPR) report alternative reimbursement methodologies are being evaluated by the Administration. It would be inappropriate for the State to proceed with the process described in SB 1897 prior to fully considering the alternatives. California receives a capped federal allocation to fund child care through block grants. It is imperative that we balance our fiscal reality and the need to provide services to working families. In today's fiscal environment increased costs will come at the expense of child care slots for California's working families. For these reasons I am returning this bill without my signature.

Sincerely,

Arnold Schwarzenegger

 

Questions: Legislative Affairs Division | BShotts@cde.ca.gov | 916-319-0821 
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