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2005 Vetoed K-12 Education Legislation


Bill Number (Author)

Topic/Summary

Governor’s Veto Message

AB 13 (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, 2007. 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, if 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 create 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 13 without my signature.

I vetoed a nearly identical bill last year because it added another non-academic state administrative requirement, thereby diverting focus from increasing student academic achievement. Administrative decisions regarding athletic team names, nicknames or mascots should be retained at the local level.

Therefore, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 15 (Horton, Jerome)

Curriculum: social studies.
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 15 without my signature.

While I respect the authors intent to recognize the contributions of the Filipino people during World War II, State content standards and curriculum frameworks are necessarily broad, allowing for coverage of many important historical events and cultural developments. In fact, nothing in current law prohibits teachers today from recognizing the role of Filipinos in World War II.

Last year, I vetoed a nearly identical bill, AB 2512 (Horton, 2004), on the basis that current law already provides the necessary flexibility and that the State should refrain from being overly prescriptive. The veto message remains applicable and, thus, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 47 (Cohn)

Public contracts: Department of Corrections and Rehabilitation: medical care services.
Existing law authorizes state agencies to enter into personal services contracts if certain conditions are met. This bill, until January 1, 2009, would authorize state agencies to enter into specified contracts for medical services without seeking competitive bids and would otherwise generally prohibit, except under specified circumstances, the Department of General Services from authorizing the Department of Corrections and Rehabilitation to enter into contracts for medical care services without seeking competitive bids for those contracts.

To the Members of the California State Assembly:

I am returning Assembly Bill 47 without my signature.

It is unnecessary to codify the policy directive contained in the Department of General Services (DGS) Management Memo 05-04 since the Department of Corrections and Rehabilitation (DCR) is already using a competitive bidding process for medical contracts where appropriate.

This bill will impede the necessary flexibility to administer the critical medical services provided by DCR. DGS policy has eliminated the blanket policy exemption and established new requirements regarding medical services contract bidding exemptions for all state departments.

For these reasons I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 51 (Koretz)

Apprenticeship programs.
Existing law provides that the reimbursement rate for apprenticeship education is to 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 51 without my signature.

This bill is nearly identical to a bill I vetoed last year because it was unnecessary. I am not aware of any compelling evidence that would warrant the extensive reporting requirements from every apprentice program that are called for in this bill. As I noted in my previous veto message, all apprenticeship programs currently undergo an approval and oversight process through the Division of Apprenticeship Standards to ensure that these programs function effectively.

Furthermore, I recently signed legislation which provided major new investments in the state's vocational education system. Assembly Bill 51 has the potential to limit apprenticeship opportunities for young Californians, which is contrary to the bipartisan efforts to expand the vocational education system.

Sincerely,

Arnold Schwarzenegger

AB 54 (Negrete McLeod)

Surplus state property.
Existing law authorizes the Director of General Services to dispose of state surplus property, subject to specified conditions, including authorization by the Legislature. This bill would authorize the Director of General Services and the Director of Transportation to sell, exchange, or lease specified parcels of state property for fair market value and would also authorize the Department of General Services to transfer some of these specified parcels. The bill would require the Director of General Services or the Director of Transportation, as applicable, if property is disposed of by a means other than being sold, exchanged, or leased for fair market value, to report specified information to the chairs of the legislative fiscal committees 30 days prior to completing a transaction regarding these parcels. This bill contains other related provisions.

 

 

 

 

 

 

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To the Members of the California State Assembly:

I am returning Assembly Bill 54 without my signature.

I am greatly concerned with the provisions that were amended into this measure, without the benefit of a public hearing, requiring the Department of General Services (DGS) to initiate a California Environmental Quality Act (CEQA) process on the properties identified prior to any sale, lease or exchange. This provision has the potential of costing California taxpayers millions of dollars.

Applying the CEQA process to these surplus properties prior to sale may result in unnecessary litigation, prolonged escrow periods and missed opportunities for the State to reduce its financial obligations under the voter approved Proposition 60A. Historically, surplus properties have generally been exempted from the CEQA process since the developer must provide for CEQA when the property is eventually developed.

Therefore, I am asking DGS to work with the Legislature to correct this unfortunate amendment and pass legislation to exempt the State and these properties from the CEQA process.

Until that time, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 55 (Mullin)

State teachers' retirement: appropriations.
Under the existing Teachers' Retirement Law, a continuous appropriation equal to 2.5% of creditable compensation, as specified, is made annually from the General Fund for transfer to the Supplemental Benefit Maintenance Account in the Teachers' Retirement Fund to fund purchase power protection payments to retired members of the Defined Benefit Program of the State Teachers' Retirement System. Existing law decreases that appropriation by $500,000,000 for the 2003-04 fiscal year. This bill would provide that a certain percentage, as adjusted by the Teachers' Retirement Board, of that creditable compensation shall be credited to the Supplemental Benefit Maintenance Account from the Teachers' Retirement Fund each year for 4 years commencing July 1, 2006. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 55 without my signature.

The payment contemplated in this bill is the subject of ongoing litigation, yet this bill does not end the lawsuit. This bill would authorize payments equaling over $800 million to the Supplemental Benefit Maintenance Account. In 2003 the Legislature determined, on a one-time basis, that a payment of $500 million was unnecessary to provide purchasing power protection to retired teachers. That determination is the subject of ongoing litigation. This additional payment of $800 mill ion would not resolve that litigation. If this bill made it clear it settled the lawsuit, I would consider signing it.

Sincerely,

Arnold Schwarzenegger

AB 89 (Horton, Jerome)

Health care: employer coverage: disclosure.
Existing law provides for various health programs under which qualified low-income persons are provided health care services. These programs include the Medi-Cal program, which is administered by the State Department of Health Services, and the Healthy Families Program, and the Access for Infants and Mothers Program, which are administered by the Managed Risk Medical Insurance Board. This bill would require the department and the board to collaborate to, on or before March 15, 2006, transmit to the Legislature a report identifying all employers who employ 25 or more persons who are beneficiaries or who support beneficiaries of these programs. The bill would also require the department and the board to make the report available to the public as provided in the bill.

To the Members of the California State Assembly:

I am returning Assembly Bill 89 without my signature.

Although I share the Legislatures interest in exploring ways to provide health coverage to the uninsured, I have doubts that this report would provide useful information. The report would not account for the complex and multi-faceted decision-making process that employees and employers consider when choosing health insurance options or differentiate between part-time, seasonal and full-time workers.

Rather than imposing new reporting mandates that will be of limited or no benefit, we should strategically focus marketing of public health care programs to the harder to reach and under-enrolled Medi-Cal and Healthy Families populations. The Legislature did just that in the current budget when, at my request, they appropriated funds to reinstate the Healthy Families Certified Application Assistance program (CAA). The CAA program has proven to be an effective means for successfully enrolling children in Healthy Families and Medi-Cal. Such focused, strategic investments will actually help us enroll more eligible Californians in Medi-Cal and Health Families. The report required by this bill will do nothing to decrease the number of uninsured and I do not believe that it will yield valuable information to help in this effort.

For these reasons, I am returning Assembly Bill 89 without my signature.

Sincerely,

Arnold Schwarzenegger

AB 97 (Cohn)

School budget reserves.
Existing law provides for adoption by the State Board of Education of standards and criteria to be used by local educational agencies in the development of annual budgets and the management of expenditures. This bill would allow a school district that is subject to a higher percentage requirement for its economic uncertainty reserve as a result of a decline in average daily attendance to implement the percentage increase over a 3-year period, subject to specified restrictions.

To the Members of the California State Assembly:

I am returning Assembly Bill 97 without my signature.

School district reserve levels have been established to help districts manage budget resources wisely, to avoid fiscal problems and to identify and correct developing fiscal problems early. Relaxing minimum budget reserve standards for school districts experiencing enrollment declines would weaken the states fiscal accountability standards and could lead to future school districts fiscal insolvencies.

Furthermore, current law already addresses the issue of declining enrollments by funding the district at the greater of prior or current year attendance, so districts have a one year cushion to address budget reserve levels.

Therefore, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 169 (Oropeza)

Gender pay equity.
Existing law prohibits employers from paying an employee at a wage rate less than the rates paid to employees of the opposite sex in the same establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where the payment differential is made pursuant to a bona fide factor other than sex. Existing law further imposes penalties on employers who violate this provision, subjecting them to civil action and specifying liquidated damages that may be paid to employees who are paid unfairly in violation of existing law. This bill would increase the damages an aggrieved employee may obtain if successful in bringing a civil action against an employer who has violated existing law to include a specified civil penalty, and would mandate the types of damages employees should recover if successful in bringing a civil action against their employer for willful violations of existing law. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 169 without my signature.

I remain supportive of reasonable efforts to eradicate the historical trend of women earning less than men for doing the same work, however I still do not believe the provisions of this bill or last years Assembly Bill 2317 are necessary in order to achieve this goal.

Current state and federal laws forbid paying an individual lower wages on account of gender and provide stiff civil and criminal penalties against employers that do so. The elimination of judicial discretion to modify the penalty coupled with the massive increases in fines will do nothing more than increase frivolous litigation and could lead to the same shakedown lawsuits that the citizens of California voted to curb last year by passing Proposition 64.

Sincerely,

Arnold Schwarzenegger

AB 239 (Horton, Jerome)

Governor's Budget: services contracts.
Existing law requires the Governor to annually issue a report to the public on the expenditures for support of his or her office, and to submit a budget to the Legislature within the first 10 days of each regular session that includes, among other things, a complete plan and itemized statement of all proposed expenditures of the state and of all estimated revenues. This bill would require the Governor to submit with the budget a report that contains specified information regarding current and proposed contracts for services.

To the Members of the California State Assembly:

I am returning Assembly Bill 239 without my signature.

This bill would require the Governor to submit with the Budget a report that contains specific information regarding current and proposed contracts for services. The State already has an electronic reporting system that tracks the purchase of goods, services and information on contracts over $5,000.

This system became effective on July 1, 2003, and all State agencies are required to enter information on their existing contracts. The bill would require that the information also be reported on proposed contracts it is questionable how that could ever be captured, and since there is no monetary limit on the size of contract to be re ported under this scenario, a purchase of $100 would have to be reported. Furthermore, this bill does not include any funding to create a new system or expand upon the States existing reporting system.

For these reasons I am unable to support this bill.

Sincerely,

Arnold Schwarzenegger

AB 240 (Bermudez)

Sex offenders.
Existing law prohibits persons placed on parole for convictions of certain sex offenses with minors from residing within 1/4 mile of any public or private school with one or more grades of kindergarten through 8th grade. This bill would, effective July 1, 2006, in addition to the above prohibition, prohibit a parolee convicted of one of these offenses involving a victim of 14 or 15 years of age from residing within 1/4 mile of any public or private school containing grades 9 through 12. This bill contains other related provisions and other existing laws.

 

 

 

 

 

 

 

 

 

 

 

 

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To the Members of the California State Assembly:

I am returning Assembly Bill 240 without my signature.

This bill fails to address the critical components needed to ensure sex offenders do not have access to state funded erectile dysfunction medication. Instead, I am signing AB 522 which contains the statutory language which ensures the Department of Justice must provide the Department of Health Services the information necessary to implement the prohibition. AB 240 also fails to expand the ban to automated drug delivery systems in pharmacies, thereby creating a loophole that could result in prohibited sex offenders receiving the medication. AB 522 contains language to ensure no loopholes exist.

In addition, AB 240 does not broadly protect California's children to the level that they deserve but instead simply puts a band-aid on a growing problem. I call on the Legislature to quickly send my sponsored bills AB 231 and SB 588 which will do more to protect children than placing limited restrictions on one small segment of the parolee population. We should enact provisions that will allow for residency restrictions for all sex offenders, not just the 254 parolees that this bill potentially affects. My bill would place more stringent restrictions on 9,231 parolees and monitor them on GPS.

If the Legislature is serious about protecting children from sex offenders, I call on them to send me AB 231 and SB 588, the most comprehensive reform of our sex offender statutes.

For these reasons I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 310 (Umberg)

Investment plans: mandatory defined contribution and other mandatory retirement plans.
Existing law provides for the licensing and regulation of broker-dealers and investment advisers by the Department of Corporations under the Corporate Securities Law of 1968. Existing law requires the Department of Personnel Administration to provide an alternate retirement system for new employees and administer a retirement system for employees excluded from the Public Employees' Retirement System. This bill would impose various fees and requirements on persons performing investment or management services in connection with a mandatory defined contribution plan established for state and local employees, as defined, including requirements regarding minimum rates of return on assets, limits on management and service fees, and liability insurance. The bill would provide that those persons owe a fiduciary duty to the plan beneficiaries, and would set forth the liability of those and other associated persons for a breach of that duty. The bill would enact other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 310 without my signature.

If a mandatory defined contribution plan is established for state and local government employees, I believe that the qualifications and standards for its investment providers is an extremely important consideration. Absent such a plan, this bill is unnecessary.

Sincerely,

Arnold Schwarzenegger

AB 384 (Nation)

Class size reduction.
Existing law requires a school district's application to implement a program to reduce class size in 2 courses in grade 9 to comprise certain elements including, among others, that the grade 9 course or the 2 grade 9 courses included in the program count toward completion of specified graduation requirements and that reduced size classes on the average have no more than 20 pupils per certificated teacher and no more than 22 pupils in any participating class. Existing law, except as otherwise provided, authorizes any school district that maintains grade 9 to apply to the Superintendent of Public Instruction for an apportionment to implement that program. This bill would authorize the Petaluma Joint Union High School District, on a pilot project basis, to reduce class size in grade 9 to a maximum of 23 pupils per certificated teacher in each of the 3 subject areas of English, mathematics, and science, subject to an agreement with the certificated staff exclusive representative for collective bargaining. This bill would declare the pilot project to be inoperative on and after July 1, 2006, and repealed as of January 1, 2009. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 384 without my signature.

I am a strong supporter of reduced class sizes as a way of fostering a productive learning environment for students and want to maintain a 20:1 student-teacher ratio in eligible classrooms. However, current law allows districts like Petaluma Joint Union High School District to present its case of special circumstances to justify waiving specific class size reduction (CSR) requirements. The State Board of Education is responsible for granting waivers from specific program requirements, when appropriate.

In 2004, the State Board already denied Petaluma Joint Union High School Districts request for a waiver of the CSR 20:1 ratio. It is inappropriate for the Legislature to undermine the State Boards authority by circumventing the boards administrative decision with this bill.

Therefore, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 388 (Canciamilla)

Instructional materials: adoption process: 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, and 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 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. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 388 without my signature.

I vetoed a nearly identical bill last year, AB 2455 (Canciamilla). The veto message remains applicable.

However, a study by the Superintendent of Public Instruction (SPI) may provide valuable information for strategies to reduce the rising costs of textbooks and other instructional materials. Since legislation is not required for the SPI to recommend ways to reduce instructional materials costs for school districts, I encourage Superintendent O'Connell to provide any applicable information that could potentially yield recommendation for school districts, legislators, the State Board of Education, and the Administration. Until that time, it is premature to enact any substantive policy changes to the adoption process.

Therefore, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 443 (Yee)

School food sales.
Existing law allows the governing board of any school district or any county office of education to authorize the sale of food on school premises by any pupil or adult organization, subject to policy and regulations of the State Board of Education. Existing law requires the State Board of Education to develop policy and regulations for the sale of food on school premises by any pupil or adult organization to ensure optimum participation in nonprofit food service programs. This bill would require the State Board of Education to review and revise, as appropriate, the regulations relating to pupil and adult organization food sales, and would authorize the State Department of Education to review school district compliance with those regulations, as part of the coordinated review effort pursuant to the National School Lunch Program. The bill would also require the state board to review competitive food sales, as specified.

To the Members of the California State Assembly:

I am returning Assembly Bill 443 without my signature.

While I applaud the authors interest in student nutrition issues, this bill would have little direct impact on the nutritional value of foods made available to students, by merely codifying in state law activities that the State Board of Education already has the authority to do. I support a more direct approach in impacting student health and nutrition issues in our schools. This is why I have recently signed into law SB 12, SB 965, and SB 281 to eliminate junk food and soda from camp uses, and increase the amount of fresh fruits and vegetables available to students. Those important measures will make a more significant impact on improving the quality of food choices available to California students.

For these reasons, I am unable to sign this bill at this time.

Sincerely,

Arnold Schwarzenegger

AB 444 (Yee)

School food: nutrition guidelines.
Existing law requires the State Department of Education to develop and maintain nutrition guidelines for school lunches and breakfasts, and for all food and beverages sold on public school campuses. This bill would also require the department to develop and maintain those guidelines for all food and beverages served on public school campuses. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 444 without my signature.

This bill will have little direct impact on the nutritional value of foods made available to students, since it merely requires the California Department of Education to consider revising its nutritional guidelines. Simply revising state level guidelines without any implementation or enforcement mechanism does not address the proliferation of unhealthy foods in any effective or timely manner.

I support a more direct approach in impacting student health and nutrition issues in our schools. This is why I have recently signed into law SB 12, SB 965, and SB 281 to eliminate junk food and soda from campuses, and increase the amount of fresh fruits and vegetables available to students.

Those important measures will make a more significant impact on improving the quality of food choices available to California students.

For these reasons, I am unable to sign this bill at this time.

Sincerely,

Arnold Schwarzenegger

AB 455 (Goldberg)

Educational counseling: pupil plans: at-risk pupils.
Existing law authorizes the governing board of a school district to provide a comprehensive educational counseling program for all pupils enrolled in the district. This bill would specify that the educational counseling include, in addition to the above, counseling for the development of an at-risk pupil plan for at-risk pupils, as defined. The bill would specify the components that those plans are required to contain. This bill contains other related provisions and other existing laws.

 

 

 

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To the Members of the California State Assembly:

I am returning Assembly Bill 455 (Goldberg) without my signature.

While I appreciate the authors intent to address the needs of at-risk students, this bill does not effectively meet that objective. In fact, by imposing additional prescriptive requirements on districts that choose to offer comprehensive counseling programs, this bill could have the unintended effect of discouraging districts from offering such programs.

Therefore, since nothing in current law prohibits school districts from including an academic plan for at-risk pupils in their educational counseling programs, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 482 (Hancock)

Pupil assessment: English language learners.
Existing law, the Standardized Testing and Reporting (STAR) Program, requires each school district, charter school, and county office of education to administer to each of its pupils in grades 3 and 7 a designated achievement test and, until July 1, 2007, to each of its pupils in grades 2 to 11, inclusive, and after July 1, 2007, to each of its pupils in grades 3 to 11, inclusive, a standards-based achievement test. This bill would instead require a pupil of limited English proficiency who is enrolled in those grades and who either receives instruction in his or her primary language or has been enrolled in a school in the United States for less than 12 months to take a 2nd achievement test in his or her primary language if a test is available. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 482 without my signature.

Instead, I am signing Senate Bill 755 (Poochigian), which addresses many of the same issues identified in this bill, including specifying the conditions under which English learners who receive instruction in their primary language must be administered a second test in this language. Unlike this bill, SB 755 also appropriates $2.285 million to cover costs incurred in 2004-05 for maintaining and scoring the writing assessments pursuant to the Standardized Testing and Reporting (STAR) program an d makes additional technical, conforming changes.

For this reason, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 490 (Parra)

Formal bids: notices.
Existing law requires that a school district that seeks to let 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 publish a notice calling for bids on the contract in a newspaper of general circulation, stating the work to be done or materials or supplies to be furnished and the time and place where the bids would be opened. Existing law also allows the notice to be posted on the district's Internet Web site or through an electronic portal. This bill would also require the notice calling for bids to be mailed to all construction trade journals, as provided, under specified circumstances. By requiring school districts to mail the notice, 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 490 without my signature.

Nothing in current law precludes a school district from sending bid notices to construction trade journals. In fact, current law already requires school districts to advertise bidding opportunities in newspapers of general circulation and allows them to post a notice on the districts website or electronic portal. This bill would require school districts to send bill notices directly to construction trade journals. Mandating this practice will simply result in a reimbursable cost to prepare and mail the additional bid notices.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 499 (Leno)

Public contracts: preferences: small and local businesses: San Francisco Community College District.
Existing law authorizes a local agency to provide for a small business preference in construction, the procurement of goods, or the delivery of services, and to establish a subcontracting participation goal for small businesses on contracts with a preference for those bidders who meet the goal. Existing law, for purposes of this authority, requires that the term "small business" be defined by each local agency. This bill would authorize the San Francisco Community College District, pursuant to a specified 5-year pilot project, to provide similar preferences to a small and local business, as defined. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 499 (Leno) without my signature.

Encouraging the growth and stability of local business is an objective that I fully support. However, this bill could increase the contracting and operating costs of the San Francisco Community College District. Public agencies should focus on getting the most cost effective solution for taxpayers. This bill would place geographic proximity as a higher priority than cost effectiveness.

For this reason, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 518 (Canciamilla)

State Budget: Department of Finance Reports.
The California Constitution requires the Governor to submit annually to the Legislature a budget itemizing state expenditures and estimating state revenues and requires the Legislature to pass the Budget Bill by midnight on June 15. In addition, existing law requires the Director of Finance to provide to the Legislature on a specified schedule certain materials relating to the Governor's Budget, including, by May 14 of each year, an estimate of General Fund revenues for the current fiscal year and the ensuing fiscal year, along with proposed adjustments to the budget, as specified. This bill would require the Director of Finance to submit, at the time of submission of the Governor's Budget for each fiscal year, at the time prior to May 14 when the director provides the information specified above, and on a date within 30 days of the enactment of the Budget Act, estimates for annual General Fund revenues and expenditures, and personnel years supported by those General Fund expenditures, for 5 fiscal years, as specified. It would further require one of these reports, if it identified a deficit in any fiscal year covered in its estimates, to include proposals for eliminating that deficit.

To the Members of the California State Assembly:

I am returning Assembly Bill 518 without my signature.

Inherent in any long-range fiscal projections are dramatic swings in the state's economy that forecasting models have historically failed to predict. Most long-range projections in the late 1990s, for example, failed to anticipate the dramatic decline in revenues associated with the collapse of the dot-com "boom." Conversely, the revenues associated with this year's tax amnesty program far outstripped projections made as recently as one year ago.

While the state has been on this revenue roller coaster, it has failed in the past to act responsibly on the expenditure side. Programs were expanded during the dot-com boom without regard of the state's long-term ability to afford them. When that boom went bust, those programs were financed in large measure by borrowing and fund shifts creating the structural gap between revenues and expenditures that we continue to work to close.

I share the concerns of the author over the state's long-term fiscal outlook. It is precisely why I have argued strongly this year and I continue to argue strongly for the need to implement fundamental reform of the state's budgeting system. Such a reform would keep spending in check during these swings in revenue, and thereby improve the state's long-term fiscal outlook.

The Department of Finance works on long-rage forecasts by making projections in major agency areas, not by department as would be required by this bill. We will continue to share this information with the Legislature as we do now. The Legislature has available to it the resources of the non-partisan Legislative Analyst, who reports directly to the Legislature. The analyst routinely makes multi-year revenue and expenditure projections, and if requested by the Legislature, is capable of providing a range of potential policy options to close any projected gaps for their consideration.

Sincerely,

Arnold Schwarzenegger

AB 561 (Montanez)

Prison education.
Existing law requires the Department of Corrections to implement statewide literacy programs in every prison. The Director of Corrections is required to appoint a Superintendent of Correctional Education to administer the prison educational programs. This bill would require the department to perform initial and subsequently annual educational assessments on each inmate, as specified. This bill would specify the courses of instruction to be included in the statewide educational programs. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 561 without my signature.

This bill will place several mandates on the California Department of Corrections and Rehabilitation and is ultimately unnecessary. To the extent this bill codifies existing policy and practice, it is unnecessary. To the extent the bill mandates very specific provisions it removes management flexibility to respond to the changing needs of our institutions and fiscal limitations.

I appreciate and share the authors interest in improving correctional education programs within the California Department of Corrections and Rehabilitation, which is one of the reasons why I reorganized the Department effective July 1, 2005. This reorganization includes the development of the Division of Education, Vocations, and Offender Programs within Adult Programs and their mission includes many of the same goals articulated in this bill.

For these reasons I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 564 (Karnette)

Basic instructional materials: review.
Existing law requires the State Board of Education to adopt at least 5 separate basic instructional materials for each grade level and each subject area, with certain requirements, for the purposes of any provision of the California Constitution that requires the adoption of textbooks for use in elementary schools. This bill would require the Superintendent of Public Instruction to create and implement a process to review high school basic instructional materials, with certain requirements. The bill would require a fee, which the bill would authorize to be adjusted as specified, to be imposed on publishers and manufacturers of instructional materials who choose to participate in the review, and would continuously appropriate these funds to the State Department of Education for purposes of conducting high school basic instructional materials reviews.

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To the Members of the California State Assembly:

I am returning Assembly Bill 564 without my signature.

While I strongly support providing all high school students with high-quality, standards-based instructional materials, the process proposed in this bill is not necessarily the appropriate mechanism to do so. If it is determined that the State should have the added responsibility of reviewing 9 through 12 grade instructional materials, then it would be more reasonable to do so by using the existing process used for K through 8 grade review. The K through 8 review process includes input and re view from the public and final decision making authority vested with the State Board of Education.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 593 (Frommer)

State property: California Hope Endowment and California Hope Public Trust.
Existing law requires each state agency to annually make a review of all proprietary state lands, with certain exceptions for, among other things, lands under the jurisdiction of specified state entities, over which it has jurisdiction to determine what, if any, land is in excess of its foreseeable needs and report thereon to the Department of General Services. Existing law requires a state agency to transfer to the department jurisdiction of all land that is reported by the agency as excess and authorizes the department to sell or dispose of the property, and in recommending or determining the disposition of surplus lands, to give priority to proposals by the state that involve the exchange of surplus lands for lands listed in specified reports. Existing law requires the department to determine whether the land is needed by another state agency and authorizes the department to transfer the property to that agency on terms and conditions the department deems to be for the best interests of the state. The department is required to offer to local government agencies surplus land that is not needed by a state agency. Existing law requires the Department of General Services to maintain a complete and accurate statewide inventory of all real property held by the state. This bill would include proprietary state lands under the jurisdiction of certain other state entities within the exception for annual agency review and reporting of excess land, and would authorize the Department of General Services to give priority in recommending or determining the disposition of surplus lands, to proposals to further the purposes of the provisions governing the California Hope Public Trust. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 593 without my signature.

In accordance with the provisions of Proposition 60A as approved by the voters just last year, revenue generated by the sale of surplus property is to be used to pay off the debt accrued from the Economic Recovery Bonds. This bill attempts to redirect those revenues for other program purposes. As worthy an intention as providing additional funding for higher education may be, it is the Administrations objective to prioritize reducing the States debt first, before initiating new programmatic spending.

Furthermore, this bill would delegate important decisions regarding the allocation of state resources to a new entity, unaccountable to the people, operating outside of the annual budget process, without an expressed mandate from the people of California. In doing so, it would impair the ability of the Legislature and the Governor to make such resource decisions taking into account all of the states needs, both in higher education, and across the spectrum of important state services.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 605 (Nakanishi)

Pupils: suspension and expulsion.
Existing law authorizes a superintendent or principal of a school to suspend or expel a pupil who commits one or more of enumerated acts. This bill would authorize a superintendent or principal of a school to suspend a pupil who knowingly makes a false accusation to a school employee that another school employee has committed or attempted to commit a sexual assault against that pupil, as defined.

To the Members of the California State Assembly:

I am returning Assembly Bill 605 without my signature.

While I abhor the conduct of any student who would threaten the reputation of a school teacher or other school employee by making false claims of sexual assault, I have a greater responsibility to protect the well being of California's school children. We must do everything possible to ensure that students who have been the victims of actual or attempted sexual assaults may come forward and report these incidents without fear of retribution. This bill could potentially result in a chilling effect on students willingness to report.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 624 (Montanez)

Medi-Cal program: Healthy Families Program: Child Health and Disability Prevention (CHDP) program.
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Services and under which qualified low-income persons receive health care benefits. This bill would require, by July 1, 2007, the department to modify the electronic preenrollment application process to include a process to be used, at the option and with the written consent of the person applying on the child's behalf, to simultaneously preenroll and apply for enrollment into the Healthy Families Program or Medi-Cal program, which shall include an application to provide for continuing preliminary benefits until a final eligibility determination is made. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 624 without my signature.

I believe that children should be insured but this bill fails to address a critical question: How to pay for it? At a time when California has a $7.5 billion structural deficit, this bill would cost the state almost 200 million dollars once implemented without providing a funding source or offering comprehensive children's health reform. As written, AB 624 grants a child presumptive Medi-Cal eligibility until county eligibility workers and HFP make a final determination of the child's eligibility for the programs. This could effectively result in extending indefinitely the current two-month presumptive eligibility period for the Children's Health Disability and Prevention (CHDP) Gateway program. Not only would this generate an undetermined increase in CHDP Gateway costs due to an anticipated increase in enrollment in temporary Medi-Cal, it would discourage a final eligibility determination for and enrollment in comprehensive health coverage programs. In addition, the bill would place a greater responsibility on the counties to follow up on Medi-Cal eligibility and would result in a substantial increase in workload. Finally, this bill does not allow enough time for the Department of Health Services, the Managed Risk Medical Insurance Board and the counties to plan and implement all the aspects of the CHDP Gateway application modification.

I have continually stated my interest in providing health coverage to low-income uninsured California children. Consistent with that interest, I have made expanding children's health coverage a top priority in a challenging fiscal time by protecting eligibility for Medi-Cal and the Healthy Families Program (HFP), funding an additional 126,000 children in HFP, and reinstituting community-based certified application assistance to help reach the estimated 428,000 children who are eligible for public programs but not yet enrolled. More broadly, my budget included a $1 billion increase in funding for health care services for over 7 million low-income Californians already eligible for public programs.

Providing access to affordable health coverage for California children has been and will continue to be an important priority for me and my Administration. While progress has been made over the past year in expanding coverage, more needs to be done. My Administration is committed to working with the Legislature and stakeholders to find a comprehensive solution to this critical priority for California, but we must do so in a manner that the State of California can afford, is funded, and that effectively targets new investments in proven strategies to provide coverage to California children. For these reasons, I am returning AB 624 without my signature.

Sincerely,

Arnold Schwarzenegger

AB 643 (Negrete McLeod)

State excluded employees: meet and confer.
Existing law, the Bill of Rights for State Excluded Employees, requires the state to meet and confer upon request with verified supervisory organizations representing supervisory employees on matters within the scope of representation, and requires a state employer to provide notice to, and meet and confer with, a verified supervisory employee organization prior to arriving at a determination of policy or course of action directly impacting supervisory employees, or when, due to an emergency or other immediate operational necessity, a law, rule, resolution, or regulation has been adopted without prior notice or meeting. This bill would additionally require that, if the state employer determines that it is necessary to make any other change in an area with respect to which it previously met and conferred with a verified supervisory organization, the state employer shall notify the verified supervisory organization 30 days prior to implementation of the proposed change, and meet and confer with the verified supervisory organization at the earliest practical time following the notification.

To the Members of the California State Assembly:

I am returning Assembly Bill 643 without my signature.

This bill would seriously impede the ability of the State, as an employer, to effect necessary policy changes. The purpose of the supervisory meet and confer process is to allow supervisory employee organizations to present ideas and to discuss alternative means of achieving the employers objectives. The final determination of policy and decision as to the course of action is explicitly and expressly vested with the employer. By requiring 30 days notice if the State needs to make changes to policy discussed in a previous meet and confer, this bill would erode the states authority and its ability to make needed policy changes on a timely basis.

Sincerely,

Arnold Schwarzenegger

AB 648 (Jones)

Development projects: disclosure requirements.
Existing law requires each state agency and each local agency to compile one or more lists that specify in detail the information that will be required from any applicant for a development project. This bill would require that the list or lists additionally include the identity of the persons or entities that will own, lease, or occupy the project, if different from the person or entity applying for the development permit, if that identity is known to the applicant at the time of the application. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 648 without my signature.

This bill would require that developers disclose the identity of owners or occupants of a facility upon construction completion. While I am supportive of the authors stated goals to promote appropriate disclosure with respect to land development decisions, this bill is an express attempt to dictate land use and private property rights.

Further, this measure would force the disclosure of proprietary business information. In the case of a commercial project, a developers prospective rent roll is closely held information of considerable value to competitors. The bills requirement to name future owners of residential homes is simply ludicrous.

Builders are required to conform to, among other requirements, environmental standards, local zoning ordinances and general planning dictates; however, they have the right to lease at-will once the obligations have been met. One can only conclude that the disclosure required by this bill will result in discrimination against builders who otherwise have done nothing wrong.

Sincerely,

Arnold Schwarzenegger

AB 656 (Hancock)

Pupil attendance: county school attendance review boards.
Under existing law, a county school attendance review board may be established in each county to propose and promote the use of alternatives to the juvenile court system for pupils with school attendance problems or school behavioral problems. Existing law authorizes county school attendance review boards to adopt rules and regulations as are necessary for their own government and to enable them to carry out their duties and powers. This bill would provide that those rules and regulations may include a procedure for the submission of any recommendation of the board to the appropriate school district personnel.

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To the Members of the California State Assembly:

I am returning Assembly Bill 656 (Hancock) without my signature.

While I support the work of School Attendance Review Boards (SARB) to address the needs of students with serious school attendance and behavior problems, this bill is unnecessary. Nothing in current law precludes a SARB from including in its rules and regulations a provision for the submission of any recommendation of the Board to appropriate school district personnel.

For this reason, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 693 (Goldberg)

Teacher preparation: Commission on Teacher Credentialing: study.
Existing law authorizes the Commission on Teacher Credentialing to approve any institution of higher education whose teacher education program meets the standards prescribed by the commission and the institutions to recommend to the commission the issuance of credentials to persons who have successfully completed those programs. This bill would require the Commission on Teacher Credentialing to conduct a study about the manner in which any or all components of skills identified by a specified report of the Secretary of Labor may be integrated into existing teacher training programs to better prepare pupils for the workforce. The bill would require the commission to submit the results of this study to the Legislature on or before January 1, 2007.

To the Members of the California State Assembly:

I am returning Assembly Bill 693 without my signature.

Integrating SCANS (U.S. Secretary of Labors Commission for Achieving Necessary Skills) components into teacher preparation programs is a laudable goal for propelling California schools in instructional modes appropriate for the 21st Century and producing students better prepared for success in the workplace.

However, colleges and universities currently have the ability to craft their candidate training programs to meet the contemporary needs and demands of K-12 classrooms in California. The SCANS report is readily available on the Internet, and I encourage educators to investigate SCANS and ascertain the appropriate level of relevance these competencies should have in their individual classrooms. Therefore, an additional study is unnecessary.

For this reason, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 708 (Karnette)

California State University: whistleblower protection.
Existing law establishes the California State University and its various campuses under the administration of the Trustees of the California State University. This bill would authorize the California State University to employ an independent investigator on all complaints alleging reprisal, retaliation, threats, coercion, or similar improper acts against an employee for having made a protected disclosure. The bill would require the independent investigator's report to be subject to the procedures adopted by the California State University. This bill contains other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 708 without my signature.

This bill is substantively similar to one I vetoed last year. It is unnecessary because it is redundant with current procedures already implemented by the California State University (CSU).

CSU employees are already protected from retaliation for disclosing improper activities under the California Whistleblower Protection Act. Furthermore, in 2002 the CSU Chancellor issued Executive Order 822, establishing procedures for responding to complaints filed by CSU employees or applicants. The complaint review process includes an investigation that may be conducted by an independent entity and an opportunity for the complainant to present evidence and witnesses in support of the complaint.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 723 (Chu)

Public school curriculum: tolerance instruction.
Existing law requires the State Board of Education to adopt statewide academically rigorous content standards in core curriculum areas, and requires the board to review and modify existing curriculum frameworks where appropriate to bring them into alignment with these content standards. This bill would, as a component of that review, require the State Board of Education to integrate instruction on intergroup relations and tolerance into existing curriculum frameworks where appropriate, with certain requirements.

To the Members of the California State Assembly:

I am returning Assembly Bill 723 without my signature.

No one believes more strongly than I in the importance of teaching our children tolerance for all persons, irrespective of race, gender, nationality, ethnicity, religious creed, disability, or sexual orientation. However, this bill is largely duplicative of current efforts to provide more avenues to teach about tolerance and human rights.

For example, current law already establishes a Center for the Excellence on the Study of the Holocaust, Genocide, Human Rights, and Tolerance to provide teachers the training and resources to effectively teach about these subjects. In addition, the State Board of Education has adopted a Model Curriculum for Human Rights and Genocide that is available to all schools. Finally, with respect to tolerance of a more immediate nature, the California Department of Education has posted on its website model policies on the prevention of bullying and hate-motivated behavior.

For these reasons, I am unable to sign this bill at this time.

Sincerely,

Arnold Schwarzenegger

AB 726 (Goldberg)

Adult instruction.
Proposition 227, an initiative statute, approved by the voters at the June 2, 1998, statewide primary election, requires the state to encourage family members and others to provide personal English language tutoring to children coming from backgrounds of limited English proficiency. That existing law appropriates from the General Fund a sum of $50,000,000 per year for the purpose of providing funding for programs of adult English language instruction to individuals who pledge to provide personal English language tutoring to school children with limited English proficiency, for the fiscal year in which the initiative was enacted and each of the 9 fiscal years following thereafter. This bill would require the State Department of Education to contract with a consultant to evaluate specified performance accountability measures to ascertain the effectiveness of the program services established pursuant to that initiative. The bill would require each local educational agency that receives funding pursuant to the initiative, by September 1, 2007, and September 1 of each year thereafter, to prepare and submit a report to the State Board of Education on its achievements in accordance with the specified performance accountability measures. This bill would require the department to prepare a final report on its findings with regard to the performance accountability measures and submit the report to the Legislature and the Governor by June 30, 2011.

To the Members of the California State Assembly:

I am returning Assembly Bill 726 without my signature.

It is unclear why an additional evaluation of the Community-Based English Tutoring (CBET) program is necessary. AB 56 (Mazzoni), Chapter 1009, Statutes of 1999, required an evaluation of the effects of Proposition 227. This evaluation conducted by the American Institutes of Research and WestEd also includes an evaluation on the CBET program. The final report on the Effects of the Implementation of Proposition 227 on the Education of English learners will be submitted to the California Department of Education by October 1, 2005. After the departments review, it will be provided to the Governor and Legislature. This bill is redundant of those current efforts, and therefore it is unnecessary.

For these reasons, I am unable to sign this bill at this time.

Sincerely,

Arnold Schwarzenegger

AB 738 (Nation)

Elections.
Existing law requires that any state or local initiative petition, as specified, contain a statement, as described, notifying the public that the petition may be circulated by either a paid or a volunteer signature gatherer, and that the public has the right to ask. This bill would require an individual who receives compensation to circulate an initiative, referendum, or recall petition to wear a badge stating, in no smaller than 30-point font, that he or she is a "paid" signature gatherer. The bill would require the individual circulating the initiative, referendum, or recall petition to wear the badge on his or her chest in clear view of all individuals signing or asked to sign the petition.

To the Members of the California State Assembly:

I am returning AB 738 without my signature.

This bill requires an individual who is paid to collect signatures on any state or local initiative, referendum or petition to wear a badge stating Paid Signature Gatherer.

I agree with Governor Davis and Governor Wilson, who returned similar measures without their signature, that this bill is unnecessary. Under existing law, petitions must contain the following notice in 12 point type: NOTICE TO THE PUBLIC - THIS PETITION IS BEING CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK.

I see no compelling reason to change existing law.

Sincerely,

Arnold Schwarzenegger

AB 739 (Nation)

Political expenditure disclosure.
Existing provisions of the Political Reform Act of 1974, as amended by Proposition 34 of the November 7, 2000, statewide general election, require a person who pays or promises to pay $50,000 or more for an issue advocacy communication, which clearly identifies a candidate for elective state office but does not expressly advocate the election or defeat of the candidate, made within 45 days of an election, to file a specified disclosure report online or electronically with the Secretary of State within 48 hours of making or promising the payment. This bill, if approved by the voters as discussed below, would additionally require a person who pays or promises to pay $10,000 or more for an issue advocacy communication that clearly identifies a candidate for elective local office under the same circumstances to file this disclosure report in the places where it would be required to be filed if the payment were an independent expenditure. This bill contains other related provisions and other existing laws.

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To the Members of the California State Assembly:

I am returning Assembly Bill 739 without my signature.

I support requiring disclosure of payments made for issue advocacy communications made close to an election at the local level. Unfortunately, this bill sets a much lower threshold for local candidates than state candidates. This arbitrary, one-size-fits-all disclosure threshold may or may not be appropriate in some local jurisdictions. For example the Mayor of one of California top cities represents more constituents than a member State Assembly. An issue advocacy campaigns i n the Mayors race would be required to report $10,000 of issue advocacy expenditures, but could spend up to $50,000 before reporting in the Assembly race. I encourage local governments to consider establishing campaign disclosure rules in this area. I will work with the Legislature to establish reporting rules for issue advocacy communications that ensure adequate disclosure in both state and local elections.

Sincerely,

Arnold Schwarzenegger

AB 772 (Chan)

California Healthy Kids Insurance Program.
Existing law establishes various public programs to provide health care coverage to eligible children, including the Medi-Cal program administered by the State Department of Health Services and county welfare agencies, and the Healthy Families Program administered by the Managed Risk Medical Insurance Board. Children through 18 years of age are eligible for health care coverage under these programs if they meet certain household income and other requirements. Existing law authorizes information sharing with respect to children eligible for free school lunches in order to facilitate their enrollment in the health care programs. This bill would create the California Healthy Kids Insurance Program, which would consist of the portion of the Medi-Cal program that provides health care coverage to children and the Healthy Families Program. The bill would require that the California Healthy Kids Insurance Program be operated as a joint partnership by the State Department of Health Services and the Managed Risk Medical Insurance Board in a streamlined manner, with eligible children to be enrolled in one program or the other, as appropriate. The bill would accelerate the process for making eligibility determinations for the California Healthy Kids Insurance Program by authorizing the administering agencies to rely on income eligibility determinations made by other public assistance programs, including reduced price school lunch programs, the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), and the Food Stamp Program. The bill would require the administering agencies to request documentation and verify information only to the extent necessary to determine eligibility and as required by federal law. The bill would provide simplified annual renewals of eligibility by self-certification by recipients. The bill would expand eligibility for the Healthy Families Program and the Healthy Families Program element of the California Healthy Kids Insurance Program by allowing children with family incomes up to 300% of the federal poverty level to qualify and by otherwise liberalizing enrollment requirements. The bill would enact certain privacy and confidentiality provisions relative to Healthy Families Program applicants and enrollees. The bill would create the California Healthy Kids Expert Panel to advise the administering agencies on various matters. The bill would require the administering agencies to award local enrollment investment grants from available funds to local and regional children's health initiative activities designed to increase and retain the enrollment of children in health care coverage. The bill would require the Secretary of the Health and Human Services Agency to coordinate local children's health insurance programs with certain state and federally funded programs. The bill would require the Managed Risk Medical Insurance Board to undertake pilot demonstration projects to test strategies and gather data relative to increasing health care coverage for uninsured children in families with incomes above 300% of the federal poverty level. The bill would require the board to develop materials for distribution by state agencies to small business employers regarding availability of purchasing pool coverage. The bill would require the California Health and Human Services Agency in conjunction with the Secretary of Labor and Workforce Development and the Secretary of Business, Transportation and Housing to establish a task force relative to increasing employer health care coverage of children. The bill would make various related modifications to the Medi-Cal program and the Healthy Families Program. The bill would enact related provisions and state the intent of the Legislature relative to certain other provisions, and would provide for a phase-in of its provisions over several years. Because the modifications to the Medi-Cal program would impose certain duties on counties relative to administration of that program, 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 772 without my signature.

I believe that children should be insured but this bill fails to address a critical question: How to pay for it? This bill would cost the state almost a half billion dollars a year without providing a funding source at a time when California has a $7.5 billion structural deficit.

I have continually stated my interest in providing health coverage to low-income uninsured California children. Consistent with that interest, I have made expanding children's health coverage a top priority in a challenging fiscal time by protecting eligibility for Medi-Cal and the Healthy Families Program (HFP), funding an additional 126,000 children in HFP, and reinstituting community-based certified application assistance to help reach the estimated 428,000 children who are eligible for public programs but not yet enrolled. More broadly, my budget included a $1 billion increase in funding for health care services for over 7 million low-income Californians already eligible for public programs.

While I share the goal of insuring children in California, I have concerns with certain aspects of the roadmap provided in this legislation and for that reason I am unable to sign AB 772. The measure relies solely on the expansion of state programs as the means to increase health coverage for uninsured children. The measure includes strategies that need to be further analyzed for their relative effect on enrollment, cost effectiveness, and program integrity, and evaluated to ensure that they won't divert resources to administrative processes and investments for already enrolled children. As an example, AB 772 would eliminate documentation and verification requirements for purposes of determining eligibility, despite evidence in other states regarding error rates associated with this approach, the potential for federal disallowances and susceptibility to fraud. Additionally, AB 772 fails to include a funding source for a program that once fully implemented is expected to cost in excess of $820 million dollars ($444 million General Fund) annually.

Providing access to affordable health coverage for California children has been and will continue to be an important priority for me and my Administration. While progress has been made over the past year in expanding coverage, more needs to be done. My Administration is committed to working with the Legislature and stakeholders to find a solution to this critical priority for California that can be enacted next year, but we must do so in a manner that the State of California can afford, is funded, and that effectively targets new investments in proven strategies to provide coverage to California children.

For these reasons, I am returning AB 772 without my signature.

Sincerely,

Arnold Schwarzenegger

AB 826 (Nava)

California Farm to School Child Nutrition Improvement Program.
Existing law, the Child Nutrition Act of 1974, among other things, requires the State Department of Education to develop and maintain nutrition guidelines for school lunches and breakfasts, and all food and beverages sold at schoolsites, as specified. This bill would establish the California Farm to School Child Nutrition Improvement Program. This bill would require the State Department of Education, in collaboration with the Department of Food and Agriculture and the State Department of Health Services, to implement the program. This bill would require the State Department of Education to offer voluntary Farm to School workshops and training sessions, as specified, to school food service directors and school food service personnel on the purchasing and use of seasonal fruits and vegetables from local farmers for use in federally reimbursable meal programs and other meals served on campus. This bill would allow the Department of Food and Agriculture, to the extent funding is available, to provide outreach and technical assistance to farmers and others in the agricultural industry seeking to establish or participate in a local Farm to School program, and also to work with the United States Department of Defense to establish a DOD Farm to School program in California, as specified, and to assist commodity growers in overcoming their barriers to participation in the program. This bill would allow the State Department of Education to contract with qualified organizations, as specified, for general or specialized services to implement those provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 826 without my signature.

This bill is unnecessary because it proposes to create a new statewide program through the State Department of Education that duplicates efforts that are already taking place in California. For example, the Department of Health Services already implements California 5 a Day For Better Health Campaign and the California Nutrition Network for Health Active Families to promote increased consumption of fruits and vegetables. Additionally, the Department of Food and Agriculture oversees the Buy California Initiative, which promotes California agriculture.

Instead of creating another duplicative program with no identifiable funding source, I would rather see any additional resources that might be available go directly toward providing fresh fruits and vegetables to schools. This is why I recently signed into law SB 281 which provides healthy alternatives through existing meal programs and makes purchasing fresh fruits and vegetables a priority.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 866 (Yee)

Code of Fair Campaign Practices.
The Elections Code requires that, at the time an individual is issued his or her declaration of candidacy, nomination papers, or other paper evidencing an intention to be a candidate for public office, the elections official provide the individual with a form that the individual may voluntarily sign, titled the "Code of Fair Campaign Practices." Among other things, the Code of Fair Campaign Practices sets forth specified conduct in which the individual pledges not to engage in his or her election campaign. This bill would add to the pledge contained in the Code of Fair Campaign Practices that the individual will not use or permit any appeal to negative prejudice based on sexual orientation or gender identity.

To the Members of the California State Assembly:

I am returning Assembly Bill 866 without my signature.

I strongly support clean and fair campaigns. The Code of Fair Campaign Practices is unenforceable other than through the exercise of the vote at the ballot box. Candidates and campaigns are free to make their case to the voters about whether their campaign follows or their opponent ignores basic principles of decency, honesty, and fair play. I trust the people to be the best judge of conduct of a campaign when they exercise their franchise to vote. I am confident that they will reject candidates that use appeals to negative prejudices against any group of people.

Sincerely,

Arnold Schwarzenegger

AB 880 (Cohn)

Dependent children.
Existing law provides for the placement of dependent children by the juvenile court according to specified procedures. Existing law requires the state to encourage the development of approaches to child protection that employ specified methods. This bill would expand the latter provision by requiring the state to encourage the development of approaches that include ensuring that a search for relatives available for placement is initiated before permanent placement decisions are made for children who cannot be reunited with their families. The bill would also set forth various requirements for the State Department of Social Services to ensure that as many family members as possible of dependent children are identified, including drafting guidelines outlining best practices in the use of advanced technology to assist counties in identifying all relatives and nonrelative extended family members at the earliest possible time for a foster child and developing a cost benefit analysis, including funding estimates, as specified. The bill would authorize the department to identify best practices for implementing optimal foster child placement opportunities, as reported by designated counties that have developed kinship care programs for that purpose. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 880 without my signature.

Counties have made significant progress in employing effective methods and practices for identifying and locating relatives for the purpose of finding appropriate homes for children in foster care. Current law requires counties to make considerable effort to identify and locate family members when making foster care placements. Because California is a national leader in identifying relatives of children in foster care this bill is unnecessary. In California, child welfare services are delivered by counties. Some counties already use innovative computer technology to locate family members and the remaining counties have the option to enact similar measures without the need for legislative intervention.

Additionally, the bill does not provide resources to develop the cost benefit analysis of using locator technology. For these reasons, I cannot support this bill.

Sincerely,

Arnold Schwarzenegger

AB 917 (Wyland)

The Career Technical Education Vision Council.
Existing law permits the county superintendent of schools of each county, with the consent of the State Board of Education, to establish and maintain, or with one or more counties to establish and maintain, at least one regional occupational center, or regional occupational program, in the county to provide education and training in career technical courses. This bill would create the Career Technical Education Vision Council to make recommendations regarding career technical education, as specified, and to develop a workforce preparation and strategic plan on or before December 31, 2007. The bill would create the Career Technical Education Vision Fund, funds of which would be continuously appropriated to the council, and would permit the council to accept private donations for these purposes. The bill would permit the council to employ staff on a contract basis, and would require the council to obtain certification from the Department of Finance that nongovernmental funds in an amount sufficient to fund the council's activities have been deposited in the fund, before the council may incur any costs.

To the Members of the California State Assembly:

I am returning Assembly Bill 917 without my signature.

While I support the authors well placed intentions to strengthen career technical education in our public schools in order to provide meaningful career opportunities for all students, the creation of a Career Technical Education Vision Council (council) would duplicate activities performed by other entities.

In order to invigorate career technical education in California, I prefer to take immediate steps to expand and improve career technical education curriculum in our public schools, align curriculum for seamless advanced work in our community colleges, and improve the quality and availability of information for students and parents to make informed choices for their future.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 927 (Mullin)

State preschool programs.
The Child Care and Development Services Act provides a comprehensive, coordinated, and cost-effective system of child care and development services for children to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. Existing law requires the Superintendent of Public Instruction to administer all state preschool programs, as specified, for prekindergarten-age children, in accordance with specified funding priorities, and to contract with public or private entities or agencies, as specified, to operate a state preschool program. Existing law specifies that these programs shall include, but not be limited to, part-day and preschool appropriate programs for prekindergarten children 3 to 5 years of age in educational development, health services, social services, nutritional services, parent education and parent participation, evaluation, and staff development. Existing law defines "state preschool services" as part-day educational programs for low-income or otherwise disadvantaged prekindergarten-age children. This bill, instead, would define "preschool services," as part- or full-day educational programs for prekindergarten-aged children, as described above. The bill would establish separate provisions requiring the Superintendent to administer part-day and full-day preschool programs, respectively. The bill would prescribe requirements, as specified, for part-day and full-day preschool programs This bill contains other related provisions.

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To the Members of the California State Assembly:

I am returning Assembly Bill 927 without my signature.

I am fully supportive of enabling child care providers to offer programs that most effectively and efficiently serve California's children and families. In fact, may child care providers currently operate full-day programs by combining various child care funding received. This bill would simply codify current practices already outlined in contractual agreements through the California Department of Education. Therefore, I do not believe it is necessary.

For this reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 938 (Umberg)

Campaign expenditure disclosures.
Existing provisions of the Political Reform Act of 1974 require committees receiving or making contributions or expenditures above specified threshold amounts to report those contributions and expenditures, as well as other specified information, at times and places specified in the act. The act requires certain of these committees, by virtue of receiving or making contributions or expenditures above generally higher threshold amounts, to file the reports required by the act online or electronically. Existing law makes a violation of the act subject to administrative, civil, and criminal penalties. This bill would require committees that receive contributions totaling more than $1,000 in a calendar year and that are required under existing law to file online or electronically to also file a report online or electronically disclosing contributions or independent expenditures totaling $10,000 or more to support or oppose the qualification or passage of a single state ballot measure, and disclosing other specified information, within 10 business days of making a contribution or independent expenditure. The bill would specify that reports required by this provision are not required to be filed by a committee primarily formed to support or oppose the qualification or passage of a state ballot measure for expenditures made on behalf of the ballot measure or measures for which it is formed. It would also exempt from disclosure pursuant to these provisions independent expenditures disclosed pursuant to other specified provisions. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 938 without my signature.

I support requiring a general purpose committee that makes contributions to other committees that support or oppose the qualification of a ballot measure, to disclose those contributions within 10 business days. In fact, my general purpose committee that helped qualify Propositions 74, 76 and 77 voluntarily complied with the online reporting rules found in Government Code section 85309.

This bill sets a higher threshold, $10,000 rather than $5,000, for disclosure than in existing law. This adds further confusion to existing reporting laws. I will work with the Legislature upon its return in January to close this loophole, streamline reporting, and get more on-line disclosure for campaign contributions.

Sincerely,

Arnold Schwarzenegger

AB 952 (Coto)

Surplus school property: use of proceeds: East Side Union High School District, Oak Grove Elementary School District, and San Jose Unified School District.
Existing law, the Leroy F. Greene School Facilities Act of 1998 (the Greene 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, notwithstanding any other provision of law, authorize the East Side Union High School District to use the proceeds from the sale of certain surplus real property that occurred on or before January 1, 2006, for any one-time general fund purpose. The bill would also, notwithstanding any other provision of law, authorize the East Side Union High School District, the Oak Grove Elementary School District, and the San Jose Unified School District to sell certain surplus real and personal property and to use the proceeds from that transaction for any one-time general fund purpose. If any of the purchases of the property were made using the proceeds of a local general obligation bond act or revenue derived from developer fees, the bill would prohibit the amount deposited into the general fund from exceeding the difference between the purchase price of the property and the proceeds of the transaction divided by the amount of the proceeds of the transaction, as defined. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 952 without my signature.

This measure would allow the East Side Union High School District (ESUHSD), the Oak Grove Elementary School District, and the San Jose Unified School District, under specified conditions, to deposit proceeds from the sale of surplus real property into the general fund of the school district and to use the proceeds for any one-time general fund purpose.

I am concerned that enacting legislation on this matter may interfere with pending litigation specifically involving ESUHSD, Department of Education, Office of Public School Construction and East Side Teachers Association. For this reason, I cannot sign this measure.

Sincerely,

Arnold Schwarzenegger

AB 1057 (De La Torre)

Adult instruction.
Existing law requires, commencing with the 2003-04 school year, that a pupil completing grade 12 successfully pass a high school exit examination as a condition of receiving a diploma of graduation or a condition of graduation from high school. Existing law requires that the exit examination be offered to individuals with exceptional needs, and that individuals with exceptional needs be administered the exit examination with appropriate accommodations, where necessary. Existing law defines accommodations as including variations in scheduling, setting, aids, equipment, and presentation format. This bill would require that the exit examination be offered to a person regularly enrolled in an adult education program, and would authorize a school district to administer the test on a Saturday, and other times and locations convenient for a person regularly enrolled in an adult education program, thus imposing 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 1057 without my signature.

This bill would require that the California High School Exit Exam (CAHSEE) be available to regularly enrolled adult education students at times and locations that are convenient for them. This open ended definition would likely result in programmatic and logistical difficulties for school districts associated with administering and proctoring the exam at numerous times and locations during the day, evening, and weekends. Testing accommodations have traditionally be en reserved for students with disabilities. This bill would set an undesirable precedent of making changes to state tests simply for the convenience of students.

Furthermore, this bill would create significant test security concerns, resulting from testing outside of the classroom and at potentially non-traditional school hours. Moreover, there will likely be a need to develop a potentially large number of new test forms and test questions to ensure that the integrity of the exam is not compromised.

Given the high-stakes nature of the CAHSEE, it is important that the current reasonable and secure opportunities for students to adequately demonstrate their knowledge and ability be maintained. For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 1096 (Umberg)

Absentee ballots.
Existing law permits voters to receive absent voter ballots upon satisfying specified application requirements. If the elections official deems the applicant to be entitled to an absent voter's ballot, the elections official shall deliver the ballot by mail or in person to the applicant, his or her spouse, or his or her parent if the applicant is unmarried. This bill would instead authorize the elections official to deliver the ballot to the applicant, his or her spouse, child, parent, grandparent, grandchild, brother, sister, or a person residing in the same household as the absent voter, 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 1096 without my signature.

In any bill designed to increase voter participation, we have to balance that goal against the potential increase in voter fraud. This bill eliminates the requirement that an absentee voter must be ill or disabled to have someone return his or her ballot to the polling place. If the Legislature desires to lower certain standards in favor of convenience, they must include other measures that put additional safeguards in place to protect against voter fraud and ensure that those individuals returning ballots are eligible and truly authorized to do so.

Sincerely,

Arnold Schwarzenegger

AB 1097 (Mullin)

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 1097 without my signature.

I am generally supportive of using a competitive process for public works projects, however, this bill imposes restrictions on lease-leaseback contracts that could limit competition, inadvertently limit flexibility for schools, and drive higher administrative costs, thereby potentially increasing the overall cost of building school facilities.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 1107 (Berg)

Small school district transportation.
Existing law permits certain small school districts and county offices of education to apply for apportionments for transportation equipment. Existing law sets certain priorities relating to the consideration of these applications by the State Department of Education. This bill would, in addition, establish a priority for apportionments relating to the replacement or reconditioning of school buses owned by a school district or county office of education that were manufactured prior to January 1, 1987.

 

 

 

 

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To the Members of the California State Assembly:

I am returning Assembly Bill 1107 without my signature.

I share the authors goal of reducing particulate emissions and approved the specific 2005-06 Budget Act appropriation of $12.5 million for the purpose of retrofitting diesel school buses, in order to reduce particulate emissions. However, this bill alters a separate grant program whose priority is to address school bus safety. The current Small School District Transportation grant program has an annual base funding level of $4.9 million. These funds should continue to be maintained specifically for addressing the important issue of student and driver safety. Protecting the safety of students as they travel to and from school should not be compromised.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 1110 (Parra)

School Transportation Block Grant.
Existing law provides for block grants to be composed of funding for specified existing categorical education programs, makes those programs inoperative on July 1, 2005, and repeals them on January 1, 2006, with certain exceptions. Existing law provides for categorical programs relating to school transportation. This bill would enact the School Transportation Block Grant. The bill would require the Superintendent of Public Instruction to apportion block grant funds to a school district in the same relative statewide proportion that the school district was entitled to receive under the Budget Act of 2005 for specified transportation purposes.

To the Members of the California State Assembly:

I am returning Assembly Bill 1110 without my signature.

The Budget Act of 2005 includes $24.3 million in growth and COLA for home-to-school transportation. While I support the funding of growth and COLA for education programs when resources are available, requiring automatic spending increases in this program every year would restrict an Administration's and the Legislatures fiscal flexibility and would create new General Fund cost pressures, constraining the state's ability to prioritize school funding.

As I stated in my veto message to the authors similar bill last year, it would be irresponsible governance to restrict a future Administration and Legislatures fiscal flexibility by requiring automatic spending increases on this program every year.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 1241 (Matthews)

Student Aid Commission: reports from high schools.
Existing law requires that a grade point average be submitted for all Cal Grant A and B applicants, except for those permitted to provide test scores in lieu of a grade point average. This bill would require the Student Aid Commission to make an annual report to the appropriate policy and fiscal committees of the Legislature and the Superintendent of Public Instruction including the number of grade point averages for pupils enrolled in grade 12 submitted by public and private high schools to the commission, the number of pupils enrolled in grade 12 in each of the high schools from which grade point averages were submitted in the academic year immediately prior to the report date, and the number of federal financial aid applications received from a prescribed group of pupils who are otherwise eligible to receive a Cal Grant award, as specified, but for whom no grade point average was submitted to the Student Aid Commission by their high schools. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 1241 without my signature.

Specific legislative authority is not necessary for the California Student Aid Commission (CSAC) to convene a working group to develop strategies to facilitate the submission of student grade point average verification to CSAC. In fact, CSAC has already convened a working group to study the barriers to the grade point average submission process. Therefore, this bill is unnecessary.

For this reason, I am unable to sign this measure.

Sincerely,

Arnold Schwarzenegger

AB 1297 (Evans)

Buildings: rehabilitation.
Existing law, the Leroy F. Greene School Facilities Act of 1998 (the Greene Act of 1998), requires the State Allocation Board to apportion 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 require school districts that receive funding under the Greene Act of 1998 to establish a restricted account within the school district's general fund and to deposit an amount equal to 3% of the school district's general fund, including other financing uses, into the account for maintenance of school facilities. This bill would impose a state-mandated local program by requiring school districts to ensure that school facilities that have heating, ventilation, and air-conditioning systems are inspected, maintained, and repaired by contractors or school district employees who have been certified by one of several specified organizations to issue inspection reports and to maintain and repair heating, ventilation, and air-conditioning systems. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 1297 without my signature.

This bill mandates unnecessary restrictions on school districts ability to maintain their heating, ventilation and air conditioning (HVAC) systems. By restricting the pool of employees eligible to work on school HVAC systems, this bill will lead to reduced competition and higher costs for school districts. Mandating districts only use certain contractors or similar school district employees would simply create a reimbursable state mandate with costs in the millions of dollars annually.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 1531 (Bass)

High school exit examination.
Existing law requires the Superintendent of Public Instruction, with the approval of the State Board of Education, to develop a high school exit examination in English language arts and mathematics in accordance with state academic content standards. Existing law requires, commencing with the 2003-04 school year and each school year thereafter, each pupil completing grade 12 to successfully pass the exit examination as a condition of graduation from high school. Existing law requires the board, in consultation with the Superintendent, to study the appropriateness of other criteria by which high school pupils who are regarded as highly proficient but unable to pass the exit examination may demonstrate their competency and receive a high school diploma. This bill would permit a pupil to satisfy the English language arts or mathematics portion of the high school exit examination by passing an alternative performance assessment offered by his or her school district or charter school if the Superintendent certifies that the alternative performance assessment meets certain minimum requirements. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 1531 without my signature.

This bill would undermine the existing California High School Exit Examination (CAHSEE), weaken the ability of the state to establish minimum standards for high school diplomas, and diminish ongoing efforts to ensure that these students are receiving the assistance they deserve to successfully complete the exit exam. Under current law, students already have up to six different opportunities to pass the exit exam. Allowing school districts to offer alternative assessments at this time sends the wrong message to students, parents, teachers, and administrators that we do not expect students to achieve at the highest levels.

I believe that every student can learn, and every student can graduate high school with the skills they need to go to college or enter the workforce. We have a responsibility to each of our students to believe in them, and not to have low expectations.

This is why the 2005 Budget Act includes $70 million for additional support services and instruction for students most at risk of not passing the CAHSEE. I believe that targeted state resources should continue to be focused on helping students prepare for the exam, rather than developing alternative assessments.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 1565 (Pavley)

Child day care facilities: star quality rating system: study.
The California Child Day Care Act, administered by the State Department of Social Services, provides for licensure of child day care facilities, as defined. This bill would require the State Department of Education to oversee a contract to be awarded to an independent contractor, as specified, for the study of the development, implementation, and evaluation of a quality rating system for child day care facilities. The bill would impose requirements with respect to that program on the independent contractor. The bill would appropriate $1,500,000 from a specified item of the Budget Act of 2005 to the State Department of Education for the purpose of funding the independent contractor, and would further appropriate $345,000 from federal funding for child care and development for purposes of funding a consultant, as specified, to develop a request for proposal for an independent contractor, to staff the advisory group established by this bill, and to oversee and monitor the contract with the independent contractor. This bill contains other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 1565 without my signature.

I completely respect the intentions of the authors of this bill in addressing the need for quality child care programs in California and share their interest in improving the quality of care in the State. However, this bill may not directly address some of the shortcomings in the system.

The Legislature has already requested an audit of the Child Care Licensing Program of the California Department of Social Services that will examine the programs oversight of providers to ensure that child care programs are maintaining a safe environment for kids. The results of that audit may provide more critical areas of concern related to health and safety that should be resolved prior to implementing a study and development of a rating system.

We all share the same goal, and I look forward to working with Assemblymembers Pavley and Benoit in the coming legislative year to address the issue of child care quality.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 1593 (Coto)

Child nutrition.
Existing law, the California Special Supplemental Food Program for Women, Infants, and Children (WIC), authorizes establishment of a statewide program, administered by the State Department of Health Services, for providing nutritional food supplements to low-income pregnant women, low-income postpartum and lactating women, and low-income infants and children under 5 years of age, who have been determined to be at nutritional risk. The program, which implements a program authorized under existing federal law, provides for the redemption of nutrition coupons by recipients at any authorized retail food vendor. Existing federal and state regulations set forth the circumstances under which a WIC vendor is subject to a federally required sanction. This bill would prohibit a federally required 3-year disqualification from being imposed on a vendor in the WIC program based on violations found during a single monitoring visit, would define when a pattern of violations exists, and would impose related notice requirements on the department.

 

 

 

 

 

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To the Members of the California State Assembly:

I am returning Assembly Bill 1593 without my signature as it would restrict California's ability to address vendor overcharging, at the expense of maximizing the number of women and children served. The federally funded Woman, Infants and Children Supplemental Nutrition Program (WIC) provides critical food supplies and nutrition services to 1.3 million low-income pregnant women, mothers and their young children. WIC funding comes from a capped federal grant, therefore, any dollar lost due to fraudulent activities is a dollar not spent to buy food for low-income mothers and their children.

Assembly Bill 1593 limits the Department of Health Service's ability to impose penalties or sanctions when a vendor overcharges the program, purchases WIC coupons with cash or is disqualified from the Food Stamps Program. In accordance with federal law, the WIC Program already provides vendors written notification of initial violations and bases program sanctions on a pattern of practice, not on a single violation, unless the violation is very serious.

Assembly Bill 1593 would make California law inconsistent with federal law and compromise enforcement of regulations designed to maximize the number of low-income mothers and children served with available program funds.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 1625 (Klehs)

State government: reports: declarations.
Existing law generally sets out the requirements for the submission of written reports by public agencies to the Legislature, the Governor, and state legislative and executive entities. This bill would additionally require any of these written reports required to be submitted by any state agency, board, or commission to include a signed statement by the head of the agency or chair of the board or commission, with specified exceptions, or specified officers of certain boards or commissions, declaring, subject to a misdemeanor penalty, that the contents of the report are true, accurate, and complete to the best of his or her knowledge. By creating a new crime, 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 1625 without my signature.

I absolutely believe that the Legislature, indeed all elected officials, must base their decisions on information that is true, accurate, and complete. This bill, requiring legislative reports be submitted under penalty of perjury, only applies to individuals appointed by the Governor and confirmed by the Senate, and to the executive officer of the Franchise Tax Board and the executive director of the Board of Equalization.

The law already protects against falsified reports to the Legislature. Department heads must take oaths of office, and various Government and Penal Code provisions set forth duties, obligations, and penalties for the accurate and truthful execution of the operation of state government. Further, the Legislature may already require individuals appearing before it to testify under oath, and false testimony is a felony.

I will consider similar legislation that applies to all written materials used in the course of legislative deliberations that applies to any official of the State, elected or appointed by the Governor, the Legislature or any other constitutional officer.

Sincerely,

Arnold Schwarzenegger

AB 1690 (Laird)

Municipal services: University of California: Legislative Analyst.
Existing law establishes the University of California under the administration of the Regents of the University of California. This bill would express findings and declarations of the Legislature with respect to the relationship between the growth of campuses of the University of California and the ability of cities and counties to provide municipal services to these campuses. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 1690 without my signature.

Requesting the Legislative Analysts Office (LAO) to conduct a review and issue a report does not require legislation. Any member of the Legislature may request the LAO to conduct a study. This bill was amended five times, was heard in five different committees, and debated and voted on by members in both the Assembly and Senate. After thousands of state taxpayer dollars were spent during that process, the ultimate end product resulted in a bill that is not even necessary, since its objective can be accomplished simply by sending a one page letter to the LAO requesting the information.

For this reason, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 1747 (Wolk)

Joint exercise of powers.
Existing law, the Joint Exercise of Powers Act, permits 2 or more public agencies to enter into an agreement to jointly exercise any power common to the contracting parties. This bill would authorize the Rumsey Band of Wintun Indians, through its governing body, the Tribal Council, to enter into a joint powers authority created to assist, facilitate, or enhance various environmental, conservation, outdoor recreation, or other public health and safety objectives in Yolo County by entering into a joint powers agreement with the County of Yolo, or the County of Yolo and one or more specified public agencies. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 1747 without my signature.

The Rumsey Band of Wintun Indians is a leader among California's sovereign tribes. Their willingness to partner with the state and local governments to solve problems, protect the environment and work cooperatively with Yolo County and various public entities in the area is commendable. They are a valued and respected Tribe and member of the Yolo County community. I am encouraged by their continued willingness to work with state and local governments on so many import ant issues. But allowing a tribal government that is not subject to all of the federal, state and local laws that protect the public, to participate in the exercise of public power, particularly off reservation lands, diminishes public accountability and control. This bill also presents significant policy questions regarding the proper role of a tribal sovereign when their partnership with a local government can lead to the taking of property for public purposes through eminent domain.

The simple fact is that the sovereign tribes can work cooperatively with their local governments through agreements and memorandums of understanding as contemplated in the tribal-state compacts my administration has executed.

Sincerely,

Arnold Schwarzenegger

SB 23 (Migden)

Healthy Families Program and Medi-Cal.
Existing law requires the Employment Development Department to administer the unemployment compensation system, under which employers pay contributions to the department to fund the system. The department also collects other amounts from employers, including remittances of personal income taxes withheld by employers from employees. This bill would require the board, in collaboration with the State Department of Health Services, to develop an informational document that may be referred to as the "Healthy Families/Medi-Cal Workplace Notice," containing certain information about the Healthy Families Program and the Medi-Cal program. The bill would require the Employment Development Department to notify employers, as specified, who would be required to provide the notice to their employees. This bill would also require the board to establish processes that would allow an employer to elect to allow employees to have the family contribution payments for health care coverage under the Healthy Families Program deducted from the employee's pay and transmitted to the board by the employer, or to have the contribution payments transferred from a designated financial institution to the board. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate::

I am returning Senate Bill 23 without my signature.

Senate Bill 23 would require the Employment Development Department (EDD) to forward a notice about eligibility and enrollment for Healthy Families and Medi-Cal programs to all employers for purposes of distributing the information to all employees.

I agree with the overall objective of this bill to increase enrollment of eligible children in the Medi-Cal and Healthy Families programs. In fact, the budget I signed funds a more effective and targeted enrollment effort. At my direction, the Healthy Families certified application assistance program that has proven to be an effective means to successfully enroll eligible children in the Healthy Families and Medi-Cal programs has been reinstated. I am concerned that the approach in SB 23 would be inefficient and ineffective. SB 23 requires the widespread distribution of a mandated notice to all employers, regardless of whether the employees and their families already receive health coverage or qualify for these public programs. This approach is not strategically designed to focus on the harder-to-reach and underenrolled populations.

This bill would require the Managed Risk Medical Insurance Board (MRMIB) to develop a process by which family contributions to the Healthy Families Program may be deducted from a financial account and a process for deduction from an applicants pay. These regulations are unnecessary. MRMIB has had an electronic fund transfer mechanism in place for more than a year. In addition, MRMIB anticipates implementation of payroll deduction system in 2006.

Finally, this legislation does not include resources to fund the outreach, marketing, and additional reporting activities, activities that cannot be absorbed by affected departments in light of current state budgetary constraints.

Sincerely,

Arnold Schwarzenegger

SB 72 (Committee on Budget and Fiscal Review)

Instructional materials: English language learners.
Existing law requires the State Board of Education to adopt at least five 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. This bill would provide specified funding to school districts to provide supplementary instructional materials specifically for English language learners in kindergarten and grades 1 to 12, inclusive, for the purpose of accelerating those pupils as rapidly as possible toward grade level proficiency, with certain requirements. The bill would appropriate $20,000,000 from the General Fund to the State Department of Education to provide supplemental instructional materials for English language learners in accordance with these provisions. The bill would also provide that, for purposes of satisfying the minimum annual funding obligation for school districts and community college districts required under the California Constitution, this amount is deemed General Fund revenues and are to be included within "total allocations to school districts from the General Fund proceeds of taxes appropriated pursuant to Article XIII B," as defined, for the fiscal year in which they are allocated.

To the Members of the California State Senate:

I am returning Senate Bill 72 without my signature.

While I support all efforts to ensure that English Learners attain English proficiency as rapidly as possible, this bill would appropriate $20 million for supplemental instructional materials that is in addition to the $30 million appropriation that was authorized a year ago. Despite being appropriated more than a year ago in the 2004-05 Budget Act, the funds are only now being apportioned to school districts this month, with the final apportionment to arrive in the spring of next year. Clearly, the additional $20 million appropriated in this bill is premature. It would be more prudent to determine whether the materials school districts eventually purchase are, in fact, effective in helping students gain English language proficiency before authorizing an additional $20 million.

For this reason, I cannot support the bill.

Sincerely,

Arnold Schwarzenegger

SB 161 (Soto)

California Youth Access to Information Act.
Existing law establishes certain rights relating to a child's ability to consent to certain medical care, rights relating to adoption procedures, and rights relating to criminal procedure. Existing law also provides pupils with certain rights relating to the attendance of safe schools, and the right to be free from discrimination in schools. This bill would require the State Department of Education to develop and post on its Internet Web site a statement of these rights, by July 1, 2006, as specified in the bill. The bill would require the department, when the statement is available on the department's Internet Web site, to notify school districts as to the availability of the information, and to encourage each school district to include on its Internet Web site a link to the department' s Internet Web page containing the information. The bill would also authorize a school district to display this statement to pupils, with certain requirements.

 

 

 

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To the Members of the California State Senate:

I am returning Senate Bill 161 without my signature.

While I am supportive of providing students with information that affects their rights, this bill is unnecessary. Under current law, the Superintendent of Public Instruction (SPI) can and should be posting information on the Department of Education website to assist students in understanding their rights and helping them with important issues. Furthermore, this bill is not inclusive enough of all the rights and issues important to our students welfare, such as a students right to request confidentiality when reporting whether he or she has been abused or sexually assaulted.

I encourage the Legislature and any other interested parties to work with Superintendent O’Connell to ensure that he provides as much information to students and parents to maintain the health and welfare of children in schools.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 166 (Soto)

Charter schools: charter renewal.
The existing Charter Schools Act of 1992 permits teachers, parents, pupils, and community members to petition the governing board of a school district to approve a charter school to operate independently from the existing school district structure as a method of accomplishing, among other things, improved pupil learning. Existing law provides procedures that relate to the renewal of a charter and specifies that a renewal shall be for a period of 5 years, inclusive. This bill would, as an alternative, provide that a charter may be renewed for a period of 2 to 4 years, with certain requirements.

To the Members of the California State Senate:

I am returning Senate Bill 166 (Soto) without my signature.

I am a strong supporter of charter schools and an advocate for fiscal and academic accountability. However, this bill is unnecessary since current law already contains numerous safeguards to ensure that charter schools are held accountable, both fiscally and for their students academic performance. Furthermore, charter school authorizers already have the ability to revoke a charter at any time during the existing five-year renewal period. By forcing them to undergo a more frequent, ti me-consuming renewal process, this bill would create an unnecessary burden on charter schools, while not achieving any greater policy goal.

For these reasons, I am unable to support this measure.

Sincerely,

Arnold Schwarzenegger

SB 314 (Romero)

Job training.
Under existing law, the Employment Training Panel has specified duties, including the duty to make contracts for training in job-related vocational skills, as specified. Existing law permits the panel, subject to certain requirements, to allocate a specified percentage of annual training funds for the purpose of funding special employment training projects to improve the skills of frontline workers, as defined. This bill would authorize the panel to allocate funds for training in job-related vocational skills to increase the productivity and extended retention of workers in the state's major seasonal industries, as defined, and would authorize the panel to waive certain requirements contained in existing law under specified conditions.

To the Members of the California State Senate:

I am returning Senate Bill 314 without my signature.

I support additional workforce training funds for seasonal workers. That is why removing barriers for these populations is one of my priorities for the discretionary portion of California's Workforce Investment Act dollars.

This bill authorizes the Employment Training Panel (ETP) to fund training for workers in the states major seasonal industries. Unfortunately, this bill lowers the ETP criteria for training eligibility in a manner that is not consistent with the goal of the program to fund training programs that meet the needs of employers for skilled and productive workers and the need of workers for good paying, long-term jobs.

I encourage the sponsors of this measure and others representing seasonal workers to continue to pursue Workforce Investment Act funds, including the 85-percent of those funds awarded by California's local Workforce Investment Boards.

Sincerely,

Arnold Schwarzenegger

SB 327 (Lowenthal)

Public contracts: school districts.
Existing law provides various procedures, including competitive bidding, for different types of contracts involving state and local public entities, including school districts. Existing law permits the governing board of any school district, without advertising for bids, to authorize any public corporation or agency to lease data processing equipment, and to purchase materials, supplies, equipment, automotive vehicles, tractors, and other personal property for the district, as provided. This bill would limit the scope of the lease and purchase contracts that may be entered into by a public corporation or agency, as specified, to exclude any public project or public work, as defined.

To the Members of the California State Senate:

I am returning Senate Bill 327 without my signature.

This bill imposes restrictions on school districts use of so called piggyback contracts for relocatable classrooms, thereby limiting the ability of school districts to provide cost and time-efficient solutions to meet their facilities needs. By prohibiting school districts from using piggyback contracts for this purpose, this bill would expose more school projects to construction delays and the unpredictable bidding environment that has resulted in numerous cost overruns. By allowing piggyback contracting, a district can take advantage of lower per-building costs realized through economy of scale.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 338 (Maldonado)

School curricula: Internet safety.
Existing law prescribes various matters to be included in the adopted course of study at the appropriate elementary and secondary grade levels. This bill would authorize the State Department of Education, in cooperation with industry, and nonprofit organizations involved with Internet safety, to identify existing Internet safety programs and make that information available on its Web site for use in public schools.

To the Members of the California State Senate:

I am returning Senate Bill 338 without my signature.

While I believe that Internet safety is important, this bill does virtually nothing to ensure districts do more to protect students from accessing inappropriate websites. The Superintendent of Public Instruction has the authority and should already be taking all of the necessary steps to protect children in schools even without this bill.

Therefore, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 385 (Ducheny)

Pupil assessment.
Existing law, the Standardized Testing and Reporting (STAR) Program, requires each school district, charter school, and county office of education to administer to each of its pupils in grades 3 and 7 a designated achievement test and, until July 1, 2007, to each of its pupils in grades 2 to 11, inclusive, and after July 1, 2007, to each of its pupils in grades 3 to 11, inclusive, a standards-based achievement test. This bill would instead require a pupil to take that achievement test in his or her primary language, if the pupil is identified as limited English proficient, and is either literate in his or her primary language or receives instruction in his or her primary language. The bill would require a pupil who is limited English proficient, but for whom an achievement test in his or her primary language is not available, to instead take an achievement test in English that is modified in order to eliminate unnecessary linguistic complexity, to the extent possible. The bill would require a pupil identified as limited English proficient who has attended a school in the United States for at least 3 consecutive years to take an additional achievement test in English that is modified in order to eliminate unnecessary linguistic complexity, to the extent possible, except as specified. The bill would require the State Department of Education to develop a primary language assessment in the dominant primary language of limited-English-proficient pupils. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 385 without my signature.

As an immigrant whose second language is English, I know the importance of mastering English as quickly and as comprehensively as possible, in order to be successful in the United States. This bill runs counter to that goal by eliminating testing in English for limited-English-proficient (LEP) students until they have been in school in the United States for three consecutive years. By requiring testing of students in English only after three years, this bill would further weaken incentives for LEP students and their schools to work towards English proficiency.

My Administration shall continue to work on behalf of English learners so that school districts, principals, teachers, parents, and all students can concentrate on the goal of improving student achievement.

Sincerely,

Arnold Schwarzenegger

SB 404 (Migden)

Teachers: California Preliminary (CAP) credential.
Existing law authorizes the Commission on Teacher Credentialing to issue an eminence credential to any person who has achieved eminence in a field of endeavor taught or service practiced in the public schools of California. This credential authorizes teaching or the performance of services in the public schools in the subject, subject area, or service, and at the level or levels, approved by the commission as designated on the credential. This bill would require the commission, until January 1, 2011, upon the recommendation of the governing board of a school district, to issue a California Preliminary (CAP) credential to any person who displays knowledge and expertise in a subject area as demonstrated by the qualifications of possession of a postbaccalaureate or graduate degree in one of a number of specified subject matters, 5 or more full-time equivalent years of practice in the field for which the postbaccalaureate or graduate degree was awarded, basic skills proficiency, subject matter competence, and teacher fitness. The bill would make the credential a preliminary single subject teaching credential and would authorize teaching in the subject or subject area, or the performance of services, approved by the commission and designated on the credential. The bill would require the governing board of the school district electing to recommend a person for a CAP credential to enroll candidates for the CAP credential in a preservice training program that is aligned with the California Standards for the Teaching Profession and to develop an individualized program of professional preparation consisting of no less than 150 hours of study designed to assist the candidate in passing the teacher performance assessment. The bill would require each recipient of the CAP credential to complete the preservice training program before providing classroom instruction. The bill would authorize the credential to be issued initially for a 2-year period upon completion of certain requirements and could be renewed for an additional 2-year period upon the recommendation of the governing board of the school district and completion of certain requirements, after which the holder would be eligible for a professional clear teaching credential. This bill contains other related provisions.

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To the Members of the California State Senate:

I am returning Senate Bill 404 without my signature.

I am supportive of providing varied pathways, both traditional and expedited, which bring qualified and motivated teachers into the classroom. However, as drafted, this bill which would reestablish the California Preliminary (CAP) credential and impose a substantially more complicated process for teaching candidates to obtain a credential than any of the existing alternative credentialing programs. In fact, according to a 2003 Commission on Teacher Credentialing (CTC) report, no district requested the issuance of a CAP credential because other alternatives became available. Teacher candidates already have several alternative credential pathways: the district and university intern programs, the SB 57 Early Completion option, Cal State Teach, and the Eminence Credential. I would be open to working with Senator Migden to refine this measure to ensure a more efficient and streamlined alternative certification process for highly qualified subject matter experts to teach in our schools. Until that time, I am unable to sign this measure.

Sincerely,

Arnold Schwarzenegger

SB 414 (Alquist)

Instructional programs: Mathematics and Reading Professional Development Program.
Existing law establishes the Mathematics and Reading Professional Development Program, which is administered by the Superintendent of Public Instruction with the approval of the State Board of Education. Under this program, a local education agency, as defined, receives incentive funding to provide training in mathematics and reading to teachers and to provide training to instructional aides and paraprofessionals, as defined, who directly assist with classroom instruction in mathematics and reading. Under the program, participating school districts and county offices of education may claim staff development funding. Under existing law, the program becomes inoperative on July 1, 2006, and is repealed on January 1, 2007, and the authority for staff development funding becomes inoperative on July 1, 2005, and is repealed on January 1, 2006. This bill would extend the operation of the program, as well as the authority for staff development funding, until July 1, 2012, when the program would become inoperative. The bill would provide for the repeal of these provisions on January 1, 2013. The bill would also make various technical and conforming changes to the statutes governing the program.

To the Members of the California State Senate::

I am reluctantly returning Senate Bill 414 without my signature.

I strongly support the continuation of the Mathematics and Reading Professional Development Program. This program provides training to teachers that is aligned to California's rigorous academic standards and has been a major component of the states education reforms.

Unfortunately, this bill contains two significant drafting flaws. First, it would allow school districts to claim funding for the same hours of staff development under both this program and the Beginning Teacher Support and Assessment program. Second, it reinstates the Instructional Time and Staff Development Reform (staff development buy-back days) program, which had previously been eliminated and its funding consolidated into a staff development block grant, without backing this funding out o f the block grant. Both of these would result in districts being double-funded for the same activity.

For these reasons, I am unable to sign this bill in its current form. However, I request that the Legislature work with my Administration to eliminate these problems and introduce and pass urgency legislation extending this programs sunset date beyond its current date of June 30, 2006.

Sincerely,

Arnold Schwarzenegger

SB 469 (Bowen)

Petitions: initiative, referendum, recall.
Under existing law, an initiative petition must contain specified language advising the public of its right to determine whether the person circulating the petition is a paid signature gatherer or a volunteer. This bill instead would require an initiative, referendum, or recall petition to reflect, in specified language, whether it is being circulated by a paid circulator or by a volunteer. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 469 without my signature.

When special interests dominate Sacramento, the only recourse the people of California have is the initiative, the referendum and the recall. As I have previously said, at the very heart of the initiative process is the 1st Amendment of the U.S. Constitution and the core value of political speech. Any burden placed on either of these fundamental rights of Californians must be examined through a lens that favors the right of the people to address grievances with the government through initiatives, referendums, and recalls.

This bill requires different notices on petitions to reflect whether it is being circulated by a paid or volunteer circulator. The paid or volunteer status of a circulator has no bearing on the merits of the petition being presented to voters. Furthermore, under existing law, petitions must contain the following notice in 12 point type: NOTICE TO THE PUBLIC - THIS PETITION IS BEING CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK.

This bill attacks the initiative process and makes it more difficult for the people of California to gather signatures and qualify measures for the ballot. While difficulty of the process may be a good thing for big-money special interests and for political consultants who stand to gain financially, it is not for everyday Californians with an idea for reform.

Sincerely,

Arnold Schwarzenegger

SB 485 (Migden)

Local government finance.
Existing property tax law requires the county auditor, in each fiscal year, to allocate property tax revenue to local jurisdictions in accordance with specified formulas and procedures, and generally requires that each jurisdiction be allocated an amount equal to the total of the amount of revenue allocated to that jurisdiction in the prior fiscal year, subject to certain modifications, and that jurisdiction's portion of the annual tax increment, as defined. Existing property tax law also reduces the amounts of ad valorem property tax revenue that would otherwise be annually allocated to the county, cities, and special districts pursuant to these general allocation requirements by requiring, for purposes of determining property tax revenue allocations in each county for the 1992-93 and 1993-94 fiscal years, that the amounts of property tax revenue deemed allocated in the prior fiscal year to the county, cities, and special districts be reduced in accordance with certain formulas. It requires that the revenues not allocated to the county, cities, and special districts as a result of these reductions be transferred to the Educational Revenue Augmentation Fund in that county for allocation to school districts, community college districts, and the county office of education. This bill would specify that these allocations made to county superintendents of schools for special education programs do not offset state aid made pursuant to other specified statutes. This bill would state legislative findings that this provision is a clarification of existing law. This bill contains other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 485 without my signature.

This bill would shift to the state the fiscal responsibility of funding special education out-of-home care costs currently estimated at $7.7 million - from county excess Educational Revenue Augmentation Funds (ERAF), despite the significant amounts of local revenue accumulated by certain county treasuries. Special education out-of-home care costs for county residents have historically been funded with ERAF. Further, it is my understanding that the affected counties have over $100 mill ion in obligated ERAF available at this time. We can revisit this issue in the context of next years budget.

I encourage the interested parties to sit down with the Department of Finance to resolve this issue in a manner equitable to both the state and the county.

Sincerely,

Arnold Schwarzenegger

SB 567 (Torlakson)

Pupil nutrition: school wellness policy.
Last year, Congress passed the Child Nutrition and Women, Infants, and Children Re authorization Act of 2004, which requires all local educational agencies (LEAs) participating in a federal school lunch program to develop a wellness policy, which is no less restrictive than federal requirements, by the beginning of the 2006 school year. SB 567 ensures that wellness policies comply with federal and state requirements as applicable. In acknowledgement of concerns regarding potential state mandates, SB 567 encourages, but does not require, districts to include the participation of nurses and physical education teachers in the development of wellness policies.

To the Members of the California State Senate:

I am returning Senate Bill 567 without my signature.

While I am generally supportive of school wellness policies, this bill, sponsored by the Superintendent of Public Instruction, makes no substantive contribution to the increased health of California's students. It is unnecessary since it simply duplicates current federal law, with which schools area already required to comply. Federal law already requires schools participating in federal meal programs to establish wellness policies, and California schools have the authority to implement more stringent policies if they so choose.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 577 (Figueroa)

State government operations: accountability.
Existing law generally sets forth the duties and responsibilities of the head of any state agency, department, board, commission, bureau, or program. The bill would also, among other things, require all of the following to ensure government's fiscal responsibility: This bill contains other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 577 without my signature.

I support the worthy goal to improve the performance of State government agencies, while reducing the cost of government. The California Performance Review made over 1,200 recommendations in their report, and this bill takes a few of those recommendations related to fiscal practices in the state. Unfortunately, the overall impact of these particular recommendations, taken in isolation, will not result in any savings or reduced costs, but will increase mandated workload on departments without sufficient resources or offsetting savings.

In particular, requiring all State agencies to use the CalATERS automated travel system will result in higher administrative costs for some departments, including the State Controller, who oversees the system. The bill places new reporting and coordinating functions on the California Service Corps, which represent a substantial workload increase that will take away from their core mission. Finally, it requires the Department of Finance and the State Controllers Office to make recommendations for developing a fiscal management system. A similar proposal was already rejected by the Legislature in last years budget process.

I continue to encourage all the agencies and departments to use the CPR recommendations as guideposts in ongoing efforts to improve accountability throughout state government.

Sincerely,

Arnold Schwarzenegger

SB 586 (Romero)

High school exit examination: pupils with disabilities.
Existing law requires, commencing with the 2003-04 school year, each pupil completing grade 12 to successfully pass the high school exit examination as a condition of receiving a diploma of graduation or a condition of graduation from high school. Existing law requires that the high school exit examination be offered to individuals with exceptional needs, and that individuals with exceptional needs be administered the examination with appropriate accommodations, where necessary. This bill would require a school district to grant a high school diploma to a pupil with a disability, if he or she is scheduled to graduate from high school in 2006 or 2007, does not qualify for that high school exit examination waiver, and meets other specified criteria, including having an individualized education program or other specified plan. The bill would require a school district, consistent with that program or plan, to provide pupils who meet the criteria the opportunity to participate in specified instruction. The bill also would require the school district to report to the Superintendent of Public Instruction regarding the number and characteristics of pupils granted diplomas in this manner. By imposing additional duties on school districts, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

 

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To the Members of the California State Senate:

I am returning Senate Bill 586 without my signature.

This bill alters the settlement agreement in the case of Chapman, et al. v. the California Department of Education, et al. This bill was intended to codify provisions of the settlement agreement, which was agreed to after extensive negotiations among the parties involved, would have exempted pupils with disabilities who meet specified criteria from the California High School Exit Examination (CAHSEE) graduation requirement for one year. This bill alters significant terms of the agreement, by extending this exemption to two years, failing to require students to avail themselves of remediation, and shifting the focus for granting the exemption from the State Board of Education to local school districts, this bill is inconsistent with the terms of the settlement agreement.

Enacting this bill sends the wrong message to the over 650,000 special education students in our state, the majority of which have the ability to pass the CAHSEE. The small minority of special education students that may need the state to review how the exam impacts them, in the short run, deserve quick action, and not a two year delay.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 657 (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 extend the operation of these provisions to January 1, 2008, and would require the state board to annually solicit recommendations from school districts regarding the adoption of instructional materials. The bill would permit a school district or county office of education that recommends instructional materials to use those materials, as specified, unless the state board, within 180 calendar days, makes written factual findings that the instructional materials lack certain specified criteria. The bill would also require the state board to consider whether to adopt, and make a determination as to whether to adopt, those instructional materials within one year of the receipt of the school district recommendation of adoption. The bill would also provide that if the state board does not make a determination with respect to the adoption of the instructional materials within one year of the school district recommendation, those instructional materials would be deemed to be adopted for 4 years, or until the next regular adoption of materials in that category, whichever comes later. The bill would, in addition, require the followup 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 657 without my signature.

I vetoed a similar bill last year, SB 1380 (Escutia) because it was inconsistent with the State Board of Educations principles to ensure that classroom curriculum is rigorous, standards-aligned and research-based. The State of California has established nationally-acclaimed academic standards and required the adoption of instructional materials to reflect those standards. I continue to be concerned that allowing for the circumvention of the current adoption process will compromise the assurance that parents, students, and educators deserve, that the highest level of standards-aligned instructional materials are provided to schools.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 672 (Cox)

Community colleges: inmate education programs: computation of apportionments.
Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. This bill would instead require the open course provisions in statute or regulations of the board of governors to be waived for any governing board of a community college district that provides those classes for inmates, including inmates of state correctional facilities, and would authorize the board of governors to include the units of full-time equivalent students generated in those classes for purposes of state apportionments. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 672 without my signature.

This bill would inappropriately authorize community college districts to receive reimbursement at the full-credit reimbursement rate rather than the lower non-credit rate, for hours generated teaching credit classes at state prisons. The higher rate results in an excessive reimbursement given that when providing instruction in a correctional setting, community colleges do not incur facility or other student services costs.

For this reason, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 684 (Alquist)

Social sciences curriculum.
Existing law requires a school district, as part of its adopted course of study for grades 7 to 12, inclusive, to offer courses in specified areas of study, including, among others, social sciences. This bill would encourage a school district to provide instruction in social sciences that accurately reflects the role of affected populations of the continent of Asia, the subcontinent of South Asia, and the Pacific Islands in the many historical events leading up to and during World War II.

To the Members of the California State Senate:

I am returning Senate Bill 684 without my signature.

While I respect the authors intent to recognize the role of effected Asian, South Asian, and Pacific Islander populations in the many historical events leading up to and during World War II, this bill is unnecessary. Current law already allows school districts to incorporate the roles of effected Asian, South Asian, and Pacific Islander populations into their instruction on World War II.

Furthermore, the extensive review process culminating in the State Board of Educations adoption of content standards, curriculum frameworks, and instructional materials ensures that this information is accurate.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 688 (Speier)

The Skin Cancer Prevention Act for California Schools.
Existing law provides the adopted course of study for grades 1 to 6, inclusive, and requires a school district to offer instruction on a variety of subjects. This bill would require the Superintendent of Public Instruction to inform county offices of education and school districts as to the availability of instructional materials relating to skin cancer prevention, and the manner in which these materials may be obtained. This bill contains other related provisions.

To the Members of the California State Senate:

I am returning Senate Bill 688 without my signature.

While I support efforts to promote skin cancer prevention, this bill is unnecessary and duplicative of numerous efforts currently in place.

Nothing prohibits schools from integrating sun-safety instruction into lesson plans. In fact, the current Health Curriculum Framework already includes a topic of environmental health, intended to make students aware of how environmental issues affect their personal health. The framework includes expectations for students to demonstrate ways in which to enhance and maintain their health and well-being, including specific examples of using protective equipment or practices, such as using sunscreen or a hat in bright sunlight.

Currently, a specific program, administered through the U.S. Environmental Protection Agency is aimed at teaching children how to be protected from overexposure to the sun through the use of classroom based, school based, and community based materials. Moreover, the Center for Disease Control and Prevention, the World Health Organization, the National Association of School Boards, and the Department of Health Services have all published guidelines or instructional materials regarding sun safety and skin cancer prevention for schools. Much of this material is easily accessible from the Internet. The Superintendent of Public Instruction (SPI) can already access this information and should be informing schools of its availability, even without this bill.

At this point, the SPI has not requested any of this information from my Health and Human Services Agency Secretary, to be distributed to school districts. However, to assist in the effort to promote skin cancer prevention, I am directing the Department of Health Services to provide a list of the myriad of skin cancer prevention educational resources to the SPI, for distribution to school districts and county offices of education.

For the reasons stated above, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 780 (Ortiz)

University of California: medical schools: admissions criteria.
Existing law establishes the University of California, and provides for its administration, and the provision of instruction at its various campuses, by the Regents of the University of California. The University of California operates medical schools at its Davis, Irvine, Los Angeles, San Diego, and San Francisco campuses. This bill would request the regents to require the medical schools of the university to consider specified criteria in their consideration of applicants for admission. These criteria would include the community and family background of the applicant as it relates to the likelihood that the applicant will ultimately practice in an area designated by the state or federal government as a health professional shortage area or a medically underserved area, or that the applicant will ultimately serve a medically underserved population. The bill would also request the regents to consider specified elements in the formation of these criteria. This bill contains other related provisions.

To the Members of the California State Senate:

I am returning Senate Bill 780 without my signature. While I understand the authors intention is to address the need for a qualified physician workforce in underserved communities, this bill is unnecessary to meet that objective.

The University of California (UC) system already considers an applicants background and personal experiences during the application process. The criteria outlined in the bill were drawn largely from existing UC medical school admissions policies and description of best practices in medical school admissions, written by the University of California experts at the invitations of a national medical organization. It is unclear how codifying the admissions criteria will significantly improve the admissions process, as the University of California is currently in compliance with the overall intent of the bill: increasing the number of physicians likely to serve in underrepresented communities.

Furthermore, the 2005 Budget appropriates $300,000 specifically to support additional slots in the Program in Medical Education for the Latino Community. The primary purpose of the program is to train physicians to serve in underserved communities. Full implementation is expected by 2008, when the additional enrollment will total approximately 300 new students - the equivalent of a new medical school devoted to serving the needs of currently underserved communities.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 874 (Romero)

Public contracts.
Existing law authorizes the Department of General Services to contract with suppliers to acquire goods and services for state agencies. This bill would prohibit a state agency from entering into a contract for the acquisition of goods or services with a contractor, as defined, who does not have and adhere to a written policy annually providing his or her full-time employees, as defined, with not less than 5 days of regular pay for actual jury service.

 

 

 

 

 

 

 

 

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To the Members of the California State Senate:

I am returning Senate Bill 874 without my signature.

The overarching objective of improving the jury system is one that we should all share and work together to identify tangible direct solutions. While I am generally supportive of the policy goal of allowing more prospective jurors the opportunity to participate in their civic responsibility, this proposal is not the best mechanism to achieve that goal.

Prohibiting state agencies from contracting with entities that do not provide up to five days of regular pay for actual jury service would limit the number companies that could do business with the State of California. The Department of General Services is charged with obtaining the best value for the taxpayer in contracting for goods and services. This bill would impose an additional restriction on those contractors in order to do business with the State, restrict competition, and ultimately result in higher prices for goods and services.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 930 (Ducheny)

Community colleges: Board of Governors of the California Community Colleges.
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, which operate campuses at which instruction is provided throughout the state. This bill would require that each of the 2 members who are required to be current or former elected members of community college district governing boards be appointed by the Governor, each time a vacancy is filled, from a list of names of at least 3 eligible persons furnished to the Governor by the statewide association representing community college district governing boards. This bill contains other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 930 without my signature.

This bill is unnecessary and reduces gubernatorial discretion to appoint the appropriate individuals to the California Community College Board of Governors. The Office of the Governor is currently able to consult with various resources, including statewide associations, when determining the most appropriate person to fill board appointments. Moreover, this bill would potentially eliminate the consideration of highly qualified persons because they are not associated with or recognized by the statewide organization representing community college governing boards.

For this reason, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 940 (Torlakson)

Public works.
Existing law generally requires the payment of the prevailing rate of per diem wages and the prevailing rate for holiday and overtime work to employees employed on public works projects that cost more than $1,000. Existing law requires the Director of Industrial Relations to determine these wage rates and to provide these wage rates to an awarding body, as defined, that requests them. This bill would require the director to publish on the department' s Web site the available prevailing wage rates for residential projects.

To the Members of the California State Senate:

I am returning Senate Bill 940 (Torlakson) without my signature.

Changes in law made prior to my Administration greatly expanded the type and number of projects that are considered to be public works and thus covered by prevailing wage requirements. Many low-income housing and other residential projects are now subject to prevailing wage requirements, adding additional costs to the groups funding those projects.

Unfortunately, the Department of Industrial has less than two-thirds of the information it needs for residential rate determinations. Absent the collective bargaining agreements necessary to establish those missing rates, or some other mechanism by which the department can establish residential rates, a number of residential public works projects are being forced to pay higher commercial rates. This bill does nothing to remedy that deficiency.

Instead, this bill imposes a costly mandate on the department to post a patchwork of available residential rates without addressing the underlying problem. The problem is not the failure to publish existing residential rates, but the lack of residential rates for all relevant crafts. I encourage the Legislature to look at this issue more closely next year and send me legislation that truly addresses the problem.

Sincerely,

Arnold Schwarzenegger

SB 970 (Perata)

Charter schools: funding.
Existing law requires the county superintendent of schools to determine a revenue limit for each school in the county pursuant to a prescribed formula, and requires, for purposes of that apportionment, that average daily attendance be calculated, as prescribed. This bill would, for purposes of the above computation, make provision for computations for average daily attendance for pupils who attended a charter school sponsored by the school district in the prior year and who attended a noncharter school of the school district in the current year, as specified. This bill contains other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 970 without my signature.

Under current law, a district loses the average daily attendance funding for students attending charter schools, but then does not recover that funding, in the prior year, if the students return to a non-charter school in that district. This bill was intended to address declining enrollment funding adjustment for students that transfer between charter and non-charter schools within a district. However, I am concerned that this bill is drafted in a way that may inadvertently create double funding issues. I am a strong supporter of charter schools and look forward to working with the author to address this important issue.

Therefore, I am unable to sign the bill at this time.

Sincerely,

Arnold Schwarzenegger

SB 1004 (Margett)

Suspended pupils: missed assignments and tests.
Existing law authorizes a teacher of a class from which a pupil is suspended to require the pupil to complete any assignments and tests missed during the suspension. This bill, in addition, would require each school district to adopt a policy with respect to assignments and homework for pupils who are absent from school because they have been suspended, and also with respect to makeup work for those pupils. These requirements would impose a state-mandated local program by imposing new duties on school districts. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 1004 without my signature.

It is common sense for a school to require suspended pupils to complete homework that is assigned to them while under suspension, with or without adopting a specific policy. Since nothing under current law prevents school districts from adopting a policy requiring suspended pupils to complete the work that is assigned to them, this bill is unnecessary.

For this reason, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 1006 (Soto)

Schools: educational technology access and instructional integration.
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. This bill would require the State Department of Education, on or before January 1, 2007, to establish common data elements to determine the extent of educational technology access and instructional integration in the public schools. The bill would further require the department, on or before April 1, 2007, to consider and recommend appropriate methods to collect, analyze, and publish the extent of educational technology access and instructional integration, and, on or before July 1, 2007, to the extent funds are made available in the annual Budget Act, to collect data and adapt existing data sources to facilitate reporting of information related to the educational technology access and instructional integration into curriculum and instruction. The bill would require the department, using the data collected, to, on or before October 1, 2007, and on or before October 1 of each year thereafter, post the data on its Internet Web site. This bill contains other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 1006 without my signature.

While I support access to technology in schools, this bill is unnecessary since the existing California School Technology Survey (Survey) already collects data on educational technology access. The current Survey could be modified to collect additional data, if necessary, without resulting in increased costs to both schools and the state.

Finally, it appears inconsistent for the Legislature to approve this bill to mandate the collection of technology data, while denying funding for the existing K-12 High Speed Network during the 2005 budget process. Instead of creating another unfunded state mandate, as this bill would do, the Legislature should be working to continue funding for the K-12 High Speed Network so that schools would not lose access to the technology currently available to them.

Therefore, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 1050 (Bowen)

Elections: write-in candidates.
Existing law establishes the requirements that must be met in order for votes for a write-in candidate to be properly counted, certified, and included in the official returns of an election. This bill would define the circumstances under which a write-in candidate may seek a hand tally of the votes for that candidate and would describe how the ballots in a hand tally shall be counted. This bill contains other related provisions and other existing laws.

 

 

 

 

 

 

 

 

 

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To the Members of the California State Senate:

I am returning Senate Bill 1050 without my signature.

One of the sacred tenets of our democracy is that every vote needs to be counted. The question this bill attempts to address is whether county elections officials should count a vote for a write-in candidate when the voter does not mark the voting space next to the write-in candidates name. It does so by requiring that if the number of votes a qualified write-in candidate receives plus the number of undervotes (where no vote is recorded in a particular race) is equal to or greater than the number of votes garnered by the winner (in a single election) or the minimum number of votes needed to be elected (in a multi-winner election), then the write-in candidate can request that the undervotes be tallied at county expense. At that time, the clerk would discern the voters intent.

This process will expand the number of manual hand recounts, which will lead to an unnecessary delay in completing the canvass and certifying election results. It will require county elections officials to review every mark on ballots even in situations where it is virtually impossible for the candidate challenging the vote to prevail.

Sincerely,

Arnold Schwarzenegger

 

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