California Gov. Jerry Brown Signs Gun Bills, Plastic Bag Ban, Rejects Ethics Bills
SACRAMENTO, Calif. (AP) — California will become the first state that allows family members to ask a judge to remove firearms from a relative who appears to pose a threat, under legislation Gov. Jerry Brown said Tuesday he had signed.
The bill was proposed by several Democrats and responds to a deadly rampage in May near the University of California, Santa Barbara.
LEGISLATION SIGNED ON TUESDAY
- Brown signs 2 more gun bills, vetoes 3-D weapons bill
- Governor Brown OKs Plastic Bag Ban
- Gov. Jerry Brown Vetoes Ethics Bills, Saying They Don't Address Anything Already Regulated
- California requires extinguishers after limo fire
- California expands prohibition on 'revenge porn'
- Gov. signs bill on new pesticide rules for schools
- Governor splits on bills aiming to reduce truancy
- Governor veto of funding plan wallops new cities
Supporters had said such a measure could have prevented the attacks, winning out over critics who said it would erode gun rights.
Law enforcement authorities in Connecticut, Indiana and Texas can seek a judge's order allowing them to seize guns from people they deem to be a danger.
The new California law gives law enforcement the same option and extends it to family members.
It continues California's efforts to lead the nation in preventing firearm injury and death, said Amanda Wilcox, an advocate for the Brady Campaign to Prevent Gun Violence, whose daughter was a victim of gun violence.
The greatest effect might be in preventing suicides or intervening where there is a history of domestic violence, she said.
"It's hard to know how much it will be used or how much it will prevent," Wilcox said. "It only takes avoiding one loss for this to be worth it."
Lawmakers approved the bill by Democratic Assembly members Nancy Skinner of Berkeley and Das Williams of Santa Barbara amid pleas that they act after the May 23 attack in which six people were fatally stabbed or shot and 13 others wounded in the community of Isla Vista.
Relatives of the victims and other supporters of the bill said the parents of 22-year-old Elliot Rodger were thwarted in their attempts to seek help for their troubled son before the rampage.
Weeks earlier, his parents had his therapist contact Santa Barbara County mental health officials. Sheriff's deputies talked to Rodger but never entered his apartment or checked to see if he owned guns.
They decided he was not a threat to himself or others and took no further action.
Rodger later wrote that had deputies searched his room, they might have found guns that police said he used to shoot three people after stabbing to death three others. Rodger killed himself while being pursued by police.
Under the California bill, whoever seeks the restraining order would have to sign an affidavit under oath. If they lie, they could be charged with a misdemeanor.
A court hearing would be held within 14 days after the restraining order is granted to give the gun owner a chance to argue there is no danger.
Republican lawmakers and some Democrats voted against the measure, known as AB1014.
In Rodger's case, there is no evidence his parents or anyone treating him knew he had weapons. That prompted Sen. Hannah-Beth Jackson, D-Santa Barbara, to introduce a related bill that would require law enforcement agencies to develop policies that encourage officers to search the state's database of gun purchases as part of routine welfare checks. That bill, SB505, also was signed by the governor.
Brown's signing of the bills "helped to honor the life of my son, Christopher, and so many others killed by senseless gun violence," said Richard Martinez, father of Isla Vista shooting victim Christopher Ross Michaels-Martinez and an advocate for the group Everytown for Gun Safety.
"Nothing we can do will bring back Christopher, but I'm confident this new law will help save lives and prevent other families from experiencing this same kind of tragedy. States around the country should be exploring this life-saving measure," he said in a statement about the restraining order legislation.
Currently in California, authorities can seize legally purchased guns only from people convicted of a felony or a violent misdemeanor, those subject to a domestic violence restraining order, or those who are determined to be mentally unstable.
The National Rifle Association and other gun-rights groups opposed the restraining order legislation.
"Our concern is not so much what they intended to do; our concern is with the method they put in place to address people with mental or emotional issues," said Sam Paredes, executive director of Gun Owners of California. "We think this just misses the mark and may create a situation where law-abiding gun owners are put in jeopardy."
Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Brown signs 2 more gun bills, vetoes 3-D weapons bill
SACRAMENTO, Calif. (AP) - Certain BB guns and pellet guns would have to come with bright markings as a way to distinguish them from real firearms under a bill signed by Gov. Jerry Brown.
Brown announced Tuesday that he signed SB199, requiring coloring on guns that fire pellets or BBs that are 6 millimeters or 8 millimeters. It was approved by lawmakers in response to last year's fatal shooting of a 13-year-old Santa Rosa boy carrying a replica weapon.
He also approved AB1609, requiring that California residents buying guns out-of-state go through the same steps required for in-state purchases.
However, he vetoed SB808, which would have required makers of homemade weapons and weapons made using 3-D printers to undergo background checks.
Copyright 2014 The Associated Press.
Governor Brown OKs Plastic Bag Ban
SACRAMENTO, Calif. (AP) - Gov. Jerry Brown on Tuesday signed the nation's first statewide ban on single-use plastic bags at grocery and convenience stores, driven to action by pollution in streets and waterways.
A national coalition of plastic bag manufacturers immediately said it would seek a voter referendum to repeal the law, which is scheduled to take effect in July 2015.
Under SB270, plastic bags will be phased out of checkout counters at large grocery stores and supermarkets such as Wal-Mart and Target starting next summer, and convenience stores and pharmacies in 2016. The law does not apply to bags used for fruits, vegetables or meats, or to shopping bags used at other retailers. It allows grocers to charge a fee of at least 10 cents for using paper bags.
Watch: Gov. Brown says he will sign plastic bag bill
State Sen. Alex Padilla, D-Los Angeles, credits the momentum for statewide legislation to the more than 100 cities and counties, including Los Angeles and San Francisco, that already have such bans.
The law marks a major milestone for environmental activists who have successfully pushed plastic bag bans in cities across the U.S., including Chicago, Austin and Seattle. Hawaii is also on track to have a de-facto statewide ban, with all counties approving prohibitions.
"This bill is a step in the right direction - it reduces the torrent of plastic polluting our beaches, parks and even the vast ocean itself," Brown said in a signing statement. "We're the first to ban these bags, and we won't be the last."
Plastic bag manufacturers have aggressively pushed back through their trade group, the American Progressive Bag Alliance, which aired commercials in California blasting the ban as a cash-giveaway to grocers that would lead to a loss of thousands of manufacturing jobs.
"If this law were allowed to go into effect, it would jeopardize thousands of California manufacturing jobs, hurt the environment and fleece consumers for billions so grocery store shareholders and their union partners can line their pockets," Lee Califf, executive director of the manufacturer trade group, said in a statement.
Padilla, the bill's author, said Californians would reject a referendum effort and quickly adapt their behavior to help the environment.
"For those folks concerned about the 10 cent fee that may be charged for paper, the simple elegant solution is to bring a reusable bag to the store," Padilla said.
Shoppers leaving a Ralphs supermarket Tuesday in downtown San Diego were divided as they weighed the legislation's environmental benefits against its costs. San Diego does not ban plastic bags.
"With the amount of waste that we produce, we can try to help out by slightly inconveniencing ourselves," said Megan Schenfeld, 29, whose arms were full of groceries in plastic bags after leaving reusable bags at home.
Robert Troxell, a 69-year-old former newspaper editor, said the fees are more than an inconvenience for retirees living on fixed incomes like him. He shops daily because he has only a small refrigerator in his hotel for low-income seniors.
"It becomes a flat tax on senior citizens," said Troxell, who lives off social security and other government assistance. "I have not disagreed with Jerry Brown on anything - until this."
The American Forest and Paper Association, a trade group representing paper bag makers, says the bill unfairly penalizes consumers who use their commonly recycled products, while holding reusable plastic bags to a lower standard for recyclable content.
Responding to the concerns about job losses, the bill includes $2 million in loans for plastic bag manufacturers to shift their operations to make reusable bags. That provision won the support of Los Angeles Democratic Sens. Kevin De Leon and Ricardo Lara, who had blocked earlier versions of the legislation.
Lawmakers of both parties who opposed SB270 said it would penalize lower-income residents by charging them for bags they once received for free. The bill was amended to waive fees for customers who are on public assistance and limit how grocers can spend the proceeds from the fees.
Massachusetts, New Jersey, Rhode Island and Puerto Rico also have pending legislation that would ban single-use bags, according to the National Conference of State Legislatures.
Gov. Jerry Brown Vetoes Ethics Bills, Saying They Don't Address Anything Already Regulated
SACRAMENTO, Calif. (AP) - Despite a series of political scandals that marred the California state Senate this year, Gov. Jerry Brown said Tuesday he had vetoed key ethics bills seeking to place new restrictions on gift giving and campaign spending.
The Democratic governor said politicians should be subject to campaign finance rules, but the general activities addressed in the bills already are subject to regulation and disclosure.
The political ethics bills originated in the state Senate, where lawmakers have been under a cloud after federal agents arrested two Democrats in unrelated corruption cases. Agents say supporters lavished gifts and dinners on Sens. Leland Yee of San Francisco and Ron Calderon of Montebello to curry favor.
SB831 by Sen. Jerry Hill, D-San Mateo, sought to ban elected officials from requesting payments on their behalf to nonprofit organizations run by family members.
Federal officials accuse Calderon of directing an undercover agent to donate $25,000 to a nonprofit run by his brother, former lawmaker Tom Calderon, who also is facing charges.
Hill's legislation also would have placed restrictions on lawmakers trying to spend campaign contributions on personal perks, such as vacations, utility payments, and gifts for family members.
Brown, however, wrote in his veto message, "The additional restrictions proposed by this bill would add more complexity to the regulations governing elected officials, without reducing undue influence."
During the legislative session, lawmakers pushed Hill to remove more stringent provisions from his bill, including capping annual travel expenses paid by donors at $5,000 and banning the use of campaign money to pay legal costs to fight criminal charges.
Brown also vetoed SB1443 by Sen. Kevin de Leon, D-Los Angeles, which would have outlawed gifts from lobbyists and reduce the annual overall gift limit for lawmakers from $440 to $200. It also would have banned the most extravagant types of gifts such as sports and concert tickets.
The governor said the bill would have complicated the state's existing campaign finance law, which already imposes a gift limit with an adjustment for inflation.
"Politicians should be subject to various constraints," Brown wrote. "I would point out, however, that some balance and common sense is required."
Brown also rejected SB1442 by Sen. Ricardo Lara, D-Bell Gardens. It would have increased the frequency of detailed campaign spending reports from twice a year to quarterly.
The governor, however, did sign a bill in response to a record fine against a top lobbying firm.
SB1441, also by Lara, prohibits lobbyists from holding fundraisers for elected officials at their homes and offices.
Copyright 2014 The Associated Press.
California requires extinguishers after limo fire
SACRAMENTO, Calif. (AP) - Gov. Jerry Brown has signed a bill requiring certain types of limousines to have two fire extinguishers and undergo regular safety checks.
Brown announced Tuesday that he signed SB611 by Democratic Sen. Jerry Hill of San Mateo.
The bill was in response to a limousine fire that killed a newlywed bride and four of her girlfriends on the San Mateo-Hayward Bridge in 2013. Four other friends inside the limo and the driver survived.
The California Highway Patrol concluded that the fire was caused by a catastrophic failure of the vehicle's rear suspension system, igniting the carpet in the rear passenger compartment.
The bill requires modified limousines that seat up to 10 passengers to be equipped with two fire extinguishers and be inspected by the CHP every 13 months.
Copyright 2014 The Associated Press.
California expands prohibition on 'revenge porn'
SACRAMENTO, Calif. (AP) - Gov. Jerry Brown has approved two bills expanding a state ban on so-called revenge porn.
The Democratic governor announced Tuesday that he signed SB1255 by Republican Sen. Anthony Cannella of Ceres and AB2643 by Democratic Assemblyman Bob Wieckowski of Fremont.
Under current state law, it is a misdemeanor to post identifiable nude pictures of someone else online without permission with the intent to cause emotional distress or humiliation. The penalty is up to six months in jail and a $1,000 fine.
Cannella's bill clarifies that the ban on sharing intimate photos by former lovers without consent includes "selfies," or pictures taken by the victim.
Wieckowski's bill allows victims of such crimes to sue for damages using a pseudonym.
Copyright 2014 The Associated Press.
Gov. signs bill on new pesticide rules for schools
SACRAMENTO, Calif. (AP) - Gov. Jerry Brown has signed a bill creating more stringent guidelines for California schools in their use of pesticides.
Brown signed SB1405 on Monday, about a month after it unanimously passed both houses of the Legislature.
The bill's author Senator Mark DeSaulnier, a Democrat from Concord who has twice tried to get similar bills passed, says it will make sure that if pesticides must be used on campuses they'll be applied in the safest ways possible.
The bill requires that school sites report all pesticide use to the state. Current law only requires reporting from professional pesticide applicators.
It also requires anyone who uses pesticides on school sites to undergo annual training on safe usage and other methods of managing pests.
Copyright 2014 The Associated Press.
Governor splits on bills aiming to reduce truancy
SACRAMENTO, Calif. (AP) - Gov. Jerry Brown has issued a split decision on a package of bills designed to help reduce California's dropout rate.
The governor announced Tuesday that he signed two bills sought by Attorney General Kamala Harris while vetoing two others.
He signed AB2141 requiring prosecutors to report back to school officials whenever they are asked to charge parents whose children miss too much school. He also approved AB1643, adding law enforcement representatives to local School Attendance Review Boards.
He vetoed AB1866 and AB1672, which would have required the state Department of Education and the local boards to collect truancy and absenteeism information.
Brown said collecting more data "would not get to the root of the issue - keeping kids in school."
Harris calls the vetoes a missed opportunity to improve tracking.
Copyright 2014 The Associated Press
Governor veto of funding plan wallops new cities
RIVERSIDE, Calif. (AP) - California Gov. Jerry Brown's decision to veto a $19 million funding plan dealt a hefty blow to four new Riverside County cities that were counting on the measure to make up for lost revenue.
The recently created cities had hoped a bill sponsored by Democratic state Sen. Richard Roth would restore funding lost after state lawmakers shifted vehicle license fee revenue away from municipalities, the Press-Enterprise reported (http://bit.ly/1yy73Uj ) on Tuesday.
The cities of Jurupa Valley, Eastvale, Menifee and Wildomar depended more on license fee revenues than older cities, which have other sources of revenue. Jurupa Valley has said it could run out of money in two years and declared its intention to disincorporate earlier this year.
While Jurupa Valley's interim City Manager Gary Thompson said the city should ask about the possibility of an override, he recognized it is unlikely. The city will discuss its next steps at a meeting on Thursday.
"We're going to have to reduce law enforcement and cut it down to bare-bones nothing," Jurupa Valley Councilman Verne Lauritzen said. "That puts people in jeopardy and it puts deputies in jeopardy."
Menifee and Eastvale officials said the veto would also affect their public safety budgets.
Roth had proposed funding the four cities with property tax revenues that would have been repaid from the general fund. The goal, local officials say, was to put the cities on equal footing with other municipalities.
In his veto on Sunday, Brown wrote that he recognized the state's economy had improved, but did not "believe that it would be prudent to authorize legislation that would result in long term costs to the general fund that this bill would occasion."
Riverside County Supervisor John Tavaglione, a Republican who represents Jurupa Valley and Eastvale, said Brown was out of touch with local concerns.
"I don't think this was even a serious consideration for him," Tavaglione said. "They basically thumbed their nose at us."
Copyright 2014 The Associated Press.