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Administration of Justice
For more information, contact Elizabeth Howard at 916/327-7500, ext. 537 or ehoward@counties.org or Rosemary Lamb at 916/327-7500, ext. 503 or rlamb@counties.org.
Correctional Facilities
SB 1705 (Runner) – Request for Comment
As Amended on June 18, 2008
SB 1705, by Senator George Runner, seeks to clarify language within AB 900 (Chapter 7, Statutes of 2007), the Public Safety and Offender Rehabilitation Services Act of 2007. SB 1705 was “gutted and amended” earlier this week; it previously was a measure regarding vehicle forfeiture carried by Senator Bob Margett.
The author indicates that SB 1705 is intended to remove obstacles that have delayed construction of detention facility authorized under AB 900. Among other provisions aimed at expediting bed construction is language regarding the acquisition of land and the designs required for the construction of the reentry facilities. Specifically, the measure ensures that the bond funds provided for in AB 900 can be used to cover the cost of the project scope, budget, programming, and scheduling, design and acquisition of the new corrections facilities or expansions.
Furthermore, the measure clarifies that expansion of local adult and juvenile (as authorized under SB 81 – Chapter 175, Statutes of 2007) detention facilities “serves a critical state purpose by promoting public safety … and represents valuable consideration in exchange for state action.” We believe that, consistent with the stated intent, the language of SB 1705 serves to facilitate the implementation of AB 900 and does not appear to impede processes already underway regarding the construction of reentry facilities, jail beds, or infill beds. However, we request that counties get in contact with CSAC staff if they identify any questions or concerns regarding the measure.
SB 1705 is awaiting its hearing in the Senate Public Safety Committee.
Court Facility Financing
SB 1407 (Perata) – Support in Concept
As Amended June 18, 2008
SB 1407, by Senate President pro Tempore Don Perata, would authorize the issuance of up to $5 billion in lease revenue bonds for purposes of financing planning, design, construction, rehabilitation, renovation, replacement, leasing or acquisition of state trial court facilities. The measure also would authorize a variety of increases to penalties and fees – including a $40 fee upon every conviction of a criminal offense — as revenue sources for the bonds; the proceeds from these increases and surcharges would be deposited into a new account within the State Court Facilities Construction Fund (SCFCF), the Immediate and Critical Needs Account.
Although CSAC recognizes that there may be concerns about the individual and collective impact of fee and penalty increase, we believe the immediacy of the state’s court infrastructure needs is real and deserving of attention.
SB 1407 was heard in the Assembly Judiciary Committee on June 24 and in the Assembly Public Safety Committee on June 26; the measure passed out of both committees. Amendments taken this week amend the mix of revenues to support the bond program; we encourage counties to review the amendments and contact CSAC with any concerns about the provisions of the measure. SB 1407 will next be heard in the Assembly Appropriations Committee.
Authority to Regulate Businesses and Professions
AB 2427 (Eng) – Oppose
As Introduced on February 21, 2008
AB 2427, by Assembly Member Mike Eng, would amend Section 460 of the Business Professions Code that, under current law, imposes certain restrictions on local agencies’ authority to limit businesses and occupations that are licensed through the Department of Consumer Affairs (DCA). This measure would further ban cities and counties from prohibiting a person or “group of persons” who are licensed through the DCA “from engaging in any act or series of acts that fall within the statutory or regulatory definition of that business, occupation, or profession.”
As detailed in previous Bulletins, CSAC is concerned that this measure, as drafted, would inappropriately and very broadly preempt the enforcement of local police powers. Although the bill’s proponents argue that the changes to Section 460 would not affect local agencies’ ability to incidentally regulate businesses, we are concerned that the measure is overly broad and would have the potential to greatly curb an appropriate and legitimate local government function.
AB 2427 passed the Senate Business, Professions and Economic Development Committee this week, despite ongoing opposition by CSAC, the League of California Cities, and other interest groups. Counties with a concern about the precedent that would be set by this measure are encouraged to weigh in with opposition.
Electronic Filing of Statements of Economic Interest
SB 1204 (Denham) – Support
As Amended on April 8, 2008
SB 1204, by Senator Jeff Denham,would authorize a state or local filing officer to allow the electronic filing of Statements of Economic Interest (Form 700) that are required of certain public officials and candidates for public office.
SB 1204 seeks to streamline a process that presently relies on paper filings and manual review and handling. The electronic filing of Statements of Economic Interest authorized — but not required — by AB 1204 would help filers, filing officers, and participating counties to achieve efficiencies through implementation of electronic filing. It is hoped that the electronic filing process would offer a secure and more accurate means of meeting filing requirements. Additionally, the measure incorporates adequate safeguards — for example, firewalls and data encryption — to address any security concerns that filers might have.
SB 1204 was heard in the Assembly Elections and Redistricting Committee on June 24. It passed out of committee on a 7-0 vote and now is awaiting a hearing in the Assembly Appropriations Committee.
PRINTER-FRIENDLY VERSION
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