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					                       Volume 1




Journal of the Assembly
     Legislature of the State of California
           2003–04 Regular Session
       December 2, 2002 to November 30, 2004




                 HON. FABIAN NUÑEZ
                       Speaker


 HON. LELAND Y. YEE             HON. SALLY J. LIEBER
 Speaker pro Tempore         Assistant Speaker pro Tempore

HON. DARIO FROMMER              HON. KEVIN MCCARTHY
 Majority Floor Leader            Republican Leader

                E. DOTSON WILSON
              Chief Clerk of the Assembly

                   PAM CAVILEER
                    Minute Clerk
                                        Volume 1


    CONTENTS OF DAILY JOURNALS OF THE ASSEMBLY
         Date                           Page               Date                    Page
  2002
December 2 ........................       1        March 3 ........................ 551
           5 ........................    65              4 ........................ 573
           9 ........................    69              5 ........................ 583
          10 ........................    75              6 ........................ 591
          11 ........................    81             10 ........................ 611
          13 ........................    83             11 ........................ 627
          19 ........................    85             12 ........................ 641
          23 ........................    87             13 ........................ 653
  2003                                                  17 ........................ 675
  January 6 ........................     89             18 ........................ 697
           7 ........................   123             19 ........................ 707
           8 ........................   129             20 ........................ 717
           9 ........................   141             24 ........................ 733
          10 ........................   149             25 ........................ 761
          13 ........................   153             26 ........................ 791
          14 ........................   177             27 ........................ 809
          15 ........................   183             28 ........................ 833
          16 ........................   187        April 1 ........................ 857
          17 ........................   201              2 ........................ 877
          21 ........................   215              3 ........................ 895
          22 ........................   243              7 ........................ 923
          23 ........................   251              8 ........................ 965
          27 ........................   265              9 ........................ 985
          28 ........................   279             10 ........................ 1007
          29 ........................   287             21 ........................ 1073
          30 ........................   297             22 ........................ 1157
 February 3 ........................    309             23 ........................ 1195
           4 ........................   323             24 ........................ 1219
           5 ........................   331             28 ........................ 1273
           6 ........................   343             29 ........................ 1323
           7 ........................   353             30 ........................ 1343
          11 ........................   373        May 1 ........................ 1367
          14 ........................   385              5 ........................ 1417
          18 ........................   407              6 ........................ 1473
          19 ........................   427              7 ........................ 1493
          20 ........................   443              8 ........................ 1513
          24 ........................   473             12 ........................ 1587
          25 ........................   515
          26 ........................   523
          27 ........................   531
Dec. 2, 2002                     ASSEMBLY JOURNAL                                             1

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                        Monday, December 2, 2002

                               FIRST SESSION DAY

                             FIRST CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
2                        ASSEMBLY JOURNAL                 Dec. 2, 2002


              PROCEEDINGS OF THE ASSEMBLY

                            IN ASSEMBLY


                                Assembly Chamber, Sacramento
                                       Monday, December 2, 2002
  Pursuant to the provisions of the Constitution of the State of
California, at the hour of 12 o’clock meridian, the 2003–04 Regular
Session of the Legislature was called to order by E. Dotson Wilson,
Chief Clerk of the Assembly for the 2001–02 Regular Session.
  In conformity with the law, the following officers were also present:
Pam Cavileer, Minute Clerk, and Ronald E. Pane, Chief
Sergeant-at-Arms for the 2001–02 Regular Session.
  Assistant Clerk Brian Ebbert reading.
                               ROLL CALL
   The Chief Clerk directed the clerk to call the roll of the Assembly
Members-elect. The roll was called and the following answered to
their names:
Aghazarian       Dymally           Levine            Parra
Benoit           Firebaugh         Lieber            Pavley
Berg             Frommer           Liu               Plescia
Bermudez         Garcia            Longville         Reyes
Bogh             Goldberg          Lowenthal         Richman
Calderon         Hancock           Maddox            Ridley-Thomas
Campbell         Harman            Maldonado         Runner
Canciamilla      Haynes            Matthews          Salinas
Chan             Horton, Jerome    Maze              Samuelian
Chavez           Horton, Shirley   McCarthy          Simitian
Chu              Houston           Montanez          Spitzer
Cogdill          Jackson           Mountjoy          Steinberg
Cohn             Keene             Mullin            Strickland
Corbett          Kehoe             Nakanishi         Vargas
Correa           Koretz            Nakano            Wesson
Cox              La Malfa          Nation            Wiggins
Daucher          La Suer           Negrete McLeod    Wolk
Diaz             Laird             Nunez             Wyland
Dutra            Leno              Oropeza           Yee
Dutton           Leslie            Pacheco
    Quorum of Assembly Members-elect present—79.
                   REQUEST FOR PHOTOGRAPHER
   Upon request of Assembly Member-elect Wesson, and in the absence
of objection, photographers and guests were permitted on the Floor of
the Assembly and in the Assembly Gallery.
Dec. 2, 2002             ASSEMBLY JOURNAL                              3
                                PRAYER
   Upon invitation of the Chief Clerk, the following prayer was offered
by Rev. Reginald L. Gary, Senior Pastor of the New Creation Church in
San Diego.
   To the God of Mercy, and Truth Grace and Love—the God of
Law and Government—We honor and bless Your great name—We
thank You that we have this wonderful opportunity to participate in
Your glorious plan for the State of California—Your plan is perfect
and precise and purposeful—We pray that You would grant Your
guidance so that this Assembly will be sensitive to the needs of Your
people—alive to their concerns—and committed to their relief and
renewal—Unite, Oh God, we pray, this Assembly of selected men and
women into a mighty voice for equality, fairness, and integrity—
May they find as the very fabric of their hearts the threads of unity and
faith—May they forever sense the severity of the assignment, and
execute it with a gentle and genuine passion that establishes a higher
standard for public service—Let Your love, joy, hope, peace, rain down
upon them all—When they are weak, strengthen them—When they are
hurt comfort them—When they are confused, give clarity—When
they are divided, give them unity—When they are angry, give them
relief—May they always have Your wisdom and the courage to use
it—Move them to that place where the people of this great state will see
Your hand at work through these vessels of service—May this
Assembly mirror the methods of righteousness—May it reflect the
image of your immense grace and mercy—Let Your will be infectious
and inescapable—Help them to resist the temptation to stymie progress
with the fuel of insensitivity—Breathe on them the refreshing breath
of benevolence that all the people in their charge might be called
blessed—Be pleased with them, Oh God, we pray, and may this
Assembly bring joy to Your heart and a smile to Your face—In the name
of love—AMEN.
                       PLEDGE OF ALLEGIANCE
  Upon request of the Chief Clerk, Assembly Member-elect and Dean
of the Assembly, Hon. Tim Leslie, 4th Assembly District, led the
Assembly in the pledge of allegiance to the Flag.
                  LEAVES OF ABSENCE FOR THE DAY
  The following Assembly Member-elect was absent for the day:
  On personal business: Assembly Member-elect Bates.
4                                ASSEMBLY JOURNAL                              Dec. 2, 2002
          CERTIFICATE OF ELECTION FROM SECRETARY OF STATE
   The following certificate of duly elected Members of the Assembly
for the 2003–04 Regular Session of the Legislature of the State of
California was deemed read, and ordered printed in the Journal:
                              CERTIFICATE OF ELECTION
                                                 State of California
                                      Office of the Secretary of State
   I, BILL JONES, Secretary of State of the State of California,
hereby certify:
   That according to the semi-official canvass filed in my office, the
persons whose names are hereinafter set forth were duly elected at the
November 5, 2002 General Election as Members of the State Assembly
in the Legislature of the State of California for a two-year term
beginning on the 2nd day of December, 2002;
   That set opposite their respective names are the Assembly districts
from which they were elected (two-year terms) and the names of the
county or counties comprising or forming a portion of said districts,
with the name of any county entirely within or comprising the district
shown in capital letters.
Members-elect                         District                              County or Counties
Patty Berg ...........................First .............DEL NORTE, HUMBOLDT, LAKE,
                                                          MENDOCINO, Sonoma, TRINITY
Doug La Malfa .....................Second..........Butte, COLUSA, GLENN, MODOC,
                                                           SHASTA, SISKIYOU, SUTTER,
                                                                                TEHAMA, Yolo
Rick Keene..........................Third ..............Butte, LASSEN, NEVADA, Placer,
                                                                  PLUMAS, SIERRA, YUBA
Tim Leslie...........................Fourth .....................ALPINE, El Dorado, Placer,
                                                                                     Sacramento
Dave Cox............................Fifth ...................................Placer, Sacramento
Joe Nation...........................Sixth ....................................MARIN, Sonoma
Patricia ‘‘Pat’’ Wiggins............Seventh .........................NAPA, Solano, Sonoma
Lois Wolk ...........................Eighth ........................................Solano, Yolo
Darrell Steinberg ...................Ninth...........................................Sacramento
Alan Nakanishi .....................Tenth .............AMADOR, El Dorado, Sacramento,
                                                                                     San Joaquin
Joe Canciamilla ....................Eleventh .....................................Contra Costa
Leland Yee ..........................Twelfth .......................San Francisco, San Mateo
Mark Leno ..........................Thirteenth ..................................San Francisco
Loni Hancock.......................Fourteenth ......................Alameda, Contra Costa
Guy Houston........................Fifteenth ........................Alameda, Contra Costa,
                                                                      Sacramento, San Joaquin
Wilma Chan.........................Sixteenth..........................................Alameda
Barbara Matthews..................Seventeenth....................MERCED, San Joaquin,
                                                                                       Stanislaus
Ellen M. Corbett ...................Eighteenth ........................................Alameda
Gene Mullin ........................Nineteenth......................................San Mateo
John A. Dutra .......................Twentieth .........................Alameda, Santa Clara
Joe Simitian.........................Twenty-First....................San Mateo, Santa Clara
Sally J. Lieber ......................Twenty-Second ...............................Santa Clara
Manny Diaz.........................Twenty-Third .................................Santa Clara
Rebecca Cohn ......................Twenty-Fourth ................................Santa Clara
Dave Cogdill........................Twenty-Fifth ...................CALAVERAS, Madera,
                                                           MARIPOSA, MONO, Stanislaus,
                                                                                  TUOLUMNE
Greg Aghazarian ...................Twenty-Sixth ...................San Joaquin, Stanislaus
John Laird...........................Twenty-Seventh ................Monterey, Santa Clara,
                                                                                      Santa Cruz
Simon Salinas ......................Twenty-Eighth ..............Monterey, SAN BENITO,
                                                                       Santa Clara, Santa Cruz
Steve Samuelian....................Twenty-Ninth ...................Fresno, Madera, Tulare
Dec. 2, 2002                     ASSEMBLY JOURNAL                                             5
Nicole M. Parra ....................Thirtieth .................Fresno, Kern, KINGS, Tulare
Sarah Reyes.........................Thirty-First ................................Fresno, Tulare
Kevin McCarthy ...................Thirty-Second ....................Kern, San Bernardino
Abel Maldonado ...................Thirty-Third .......................SAN LUIS OBISPO,
                                                                                  Santa Barbara
Bill Maze............................Thirty-Fourth ...........INYO, Kern, San Bernardino,
                                                                                          Tulare
Hannah-Beth Jackson .............Thirty-Fifth......................Santa Barbara, Ventura
Sharon Runner......................Thirty-Sixth .............Los Angeles, San Bernardino
Tony Strickland ....................Thirty-Seventh....................Los Angeles, Ventura
Keith Stuart Richman .............Thirty-Eighth .....................Los Angeles, Ventura
Cindy Montanez....................Thirty-Ninth .................................Los Angeles
Lloyd E. Levine ....................Fortieth .......................................Los Angeles
Fran Pavley .........................Forty-First .........................Los Angeles, Ventura
Paul Koretz .........................Forty-Second ................................Los Angeles
Dario J. Frommer ..................Forty-Third...................................Los Angeles
Carol Liu ............................Forty-Fourth .................................Los Angeles
Jackie Goldberg ....................Forty-Fifth ...................................Los Angeles
Fabian Nunez .......................Forty-Sixth ...................................Los Angeles
Herb Wesson........................Forty-Seventh................................Los Angeles
Mark Ridley-Thomas..............Forty-Eighth .................................Los Angeles
Judy Chu ............................Forty-Ninth ..................................Los Angeles
Marco Antonio Firebaugh ........Fiftieth ........................................Los Angeles
Jerome Horton......................Fifty-First ....................................Los Angeles
Mervyn Dymally ...................Fifty-Second .................................Los Angeles
George Nakano .....................Fifty-Third ...................................Los Angeles
Alan Lowenthal ....................Fifty-Fourth ..................................Los Angeles
Jenny Oropeza......................Fifty-Fifth ....................................Los Angeles
Rudy Bermudez ....................Fifty-Sixth .........................Los Angeles, Orange
Edward ‘‘Ed’’ Chavez .............Fifty-Seventh ................................Los Angeles
Ronald S. Calderon ................Fifty-Eighth ..................................Los Angeles
Dennis Mountjoy...................Fifty-Ninth...............Los Angeles, San Bernardino
Robert ‘‘Bob’’ Pacheco............Sixtieth ............................Los Angeles, Orange,
                                                                                San Bernardino
Gloria Negrete McLeod...........Sixty-First ...............Los Angeles, San Bernardino
John Longville......................Sixty-Second.............................San Bernardino
Bob Dutton..........................Sixty-Third ..................Riverside, San Bernardino
John Benoit .........................Sixty-Fourth .....................................Riverside
Russ Bogh...........................Sixty-Fifth...................Riverside, San Bernardino
Ray Haynes .........................Sixty-Sixth ........................Riverside, San Diego
Tom Harman ........................Sixty-Seventh ......................................Orange
Ken Maddox ........................Sixty-Eighth........................................Orange
Lou Correa ..........................Sixty-Ninth.........................................Orange
John Campbell......................Seventieth ..........................................Orange
Todd Spitzer ........................Seventy-First..........................Orange, Riverside
Lynn Daucher.......................Seventy-Second ...................................Orange
Patricia C. ‘‘Pat’’ Bates ...........Seventy-Third .......................Orange, San Diego
Mark Wyland .......................Seventy-Fourth ................................San Diego
George A. Plescia ..................Seventy-Fifth...................................San Diego
Christine Kehoe ....................Seventy-Sixth ..................................San Diego
Jay La Suer .........................Seventy-Seventh...............................San Diego
Shirley Horton......................Seventy-Eighth ................................San Diego
Juan Vargas .........................Seventy-Ninth..................................San Diego
Bonnie Garcia ......................Eightieth .........................IMPERIAL, Riverside
                           IN WITNESS WHEREOF I hereunto set my hand
                            and affix the Great Seal of the State of California
                                           this 22nd day of November, 2002.
                                                                    BILL JONES
                                                                    Secretary of State
6                         ASSEMBLY JOURNAL                   Dec. 2, 2002
                        ROLL CALL BY COUNTIES
   The Chief Clerk requested that as the roll of the counties was called
the Assembly Member-elect representing such county or counties
should stand at his/her desk, and take and subscribe to the oath of office.
                          MEMBERS SWORN IN
   As required by Section 9023 of the Government Code, the Clerk read
the roll of counties in alphabetical order, and the following Assembly
Members-elect presented their certificates of election and duly qualified
by taking and subscribing to the following oath administered by the
Honorable Joyce L. Kennard, Associate Justice of the Supreme Court of
California.
                                  OATH
                for the Office of Member of the Assembly
                            State of California
   I do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States and the Constitution of the State of
California against all enemies, foreign and domestic; that I will bear true
faith and allegiance to the Constitution of the United States and the
Constitution of California; that I take this obligation freely, without any
mental reservation or purpose of evasion; and that I will well and
faithfully discharge the duties upon which I am about to enter.
                           ANNOUNCEMENTS
  The Chief Clerk announced that the next order of business was the
nomination and election of officers of the Assembly for the 2003–04
Regular Session of the Legislature, and declared that nominations for
Office of Speaker were now in order.
            NOMINATIONS FOR SPEAKER OF THE ASSEMBLY
                     Nominations from the Floor
  Assembly Member Dutra nominated Assembly Member Herb J.
Wesson, Jr. for the Office of Speaker of the Assembly for the 2003–04
Regular Session.
  Nomination of Assembly Member Wesson for the Office of Speaker
was seconded by Assembly Members Cox, Nunez, and Reyes,
whereupon each addressed the assemblage.
                         NOMINATIONS CLOSED
  There being no further nominations, the Chief Clerk declared
nominations for Speaker of the Assembly closed.
Dec. 2, 2002              ASSEMBLY JOURNAL                               7
               MOTION BY ASSEMBLY MEMBER FIREBAUGH
   Assembly Member Firebaugh moved that the Rules and precedent be
suspended to allow Assembly Member Herb J. Wesson, Jr., to be
elected to the Office of Speaker for the 2003–04 Regular Session by
unanimous consent.
   Assembly Member Chan seconded the motion.
   Motion carried and by unanimous consent Assembly Member Herb J.
Wesson, Jr. was elected Speaker of the Assembly for the 2003–04
Regular Session.
                 APPOINTMENT OF SELECT COMMITTEE
  Chief Clerk E. Dotson Wilson appointed Assembly Members
Strickland, Garcia, Negrete McLeod, Chu, Berg, Corbett, Lowenthal,
and Jerome Horton as a Select Committee on Escort to escort
Speaker-elect Wesson, and his wife Fabian, to the Rostrum.
                    OATH OF OFFICE ADMINISTERED
   Speaker-elect Herb J. Wesson, Jr. appeared at the bar of the Assembly
and took and subscribed to the following oath of office administered by
the Honorable Willie L. Brown, Jr., Mayor of San Francisco.
                                  OATH
                for the Office of Speaker of the Assembly
   I do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States and the Constitution of the State of
California against all enemies, foreign and domestic; that I will bear true
faith and allegiance to the Constitution of the United States and the
Constitution of California; that I take this obligation freely, without any
mental reservation or purpose of evasion; and that I will well and
faithfully discharge the duties upon which I am about to enter.
                            Speaker Presiding
  At 12:45 p.m., the Honorable Herb J. Wesson, Jr., Speaker of the
Assembly, presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
INTRODUCTION OF CONSTITUTIONAL OFFICERS AND SPECIAL GUESTS
   Speaker Wesson introduced Lieutenant Governor Cruz Bustamante;
Attorney General Bill Lockyer; Secretary of State-elect Kevin Shelley;
Treasurer Phil Angelides; Controller-elect Steve Westly; Insurance
Commissioner-elect John Garamendi; Hon. John Chiang, Member of
the Board of Equalization (District 4); Hon. Curt Pringle, former
Speaker of the Assembly; and Hon. Willie L. Brown, Jr., Mayor of San
Francisco.
   Speaker Wesson introduced Hon. Joyce L. Kennard, Associate
Justice of the Supreme Court of California, and expressed special thanks
for her participation in today’s proceedings.
8                         ASSEMBLY JOURNAL                   Dec. 2, 2002
                    DELEGATION FROM THE SENATE
   Senators Ducheny, Cedillo, Aanestad, and Hollingsworth appeared at
the rear of the Assembly to inform the Assembly that the Senate is
organized and ready to proceed with regular business.
                         ADDRESS BY SPEAKER
  Speaker Wesson introduced the following members of his family: his
wife Fabian and their sons, Herb Wesson, III, Patrick Wesson, and Justin
Wesson; his mother and step-father, Gladys Wesson-Stickland and
Lethard Stickland; and his future daughter-in-law, Jessica Persky.
  Speaker Wesson then addressed the assemblage.
                 SPEAKER PRO TEMPORE ANNOUNCED
  Speaker Wesson announced that Assembly Member Christine Kehoe
would serve as Speaker pro Tempore of the Assembly.
                 APPOINTMENT OF SELECT COMMITTEE
  Speaker Wesson appointed Assembly Members Chan, Firebaugh,
Goldberg, Harman, Laird, Leno, and Ridley-Thomas as a Select
Committee on Escort to escort Speaker pro Tempore-elect Christine
Kehoe and her partner, Julie Warren, to the Rostrum.
                    OATH OF OFFICE ADMINISTERED
   Speaker pro Tempore-elect Kehoe appeared at the bar of the
Assembly and took and subscribed to the following oath of office
administered by the Honorable Joyce L. Kennard, Associate Justice of
the Supreme Court of California.
                                  OATH
         for the Office of Speaker pro Tempore of the Assembly
   I do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States and the Constitution of the State of
California against all enemies, foreign and domestic; that I will bear true
faith and allegiance to the Constitution of the United States and the
Constitution of California; that I take this obligation freely, without any
mental reservation or purpose of evasion; and that I will well and
faithfully discharge the duties upon which I am about to enter.
                 ADDRESS BY SPEAKER PRO TEMPORE
  Speaker pro Tempore Kehoe introduced her partner, Julie Warren; her
brother and sister-in-law, Bill and Beihua Kehoe, and their children
Haizing and Haiyang.
  Speaker pro Tempore Kehoe then addressed the assemblage.
Dec. 2, 2002               ASSEMBLY JOURNAL                             9
                              RESOLUTIONS
  The following resolution was offered:
                           House Resolution No. 1
   By Assembly Member Nation.
           Relative to the Standing Rules of the Assembly for
                      the 2003–04 Regular Session.
   Resolved by the Assembly of the State of California, That the
following Rules be, and the same are hereby, adopted as the Standing
Rules of the Assembly for the 2003–04 Regular Session; and be
it further
   Resolved, That these rules shall govern the operations of
the Assembly.
                 STANDING RULES OF THE ASSEMBLY
                         2003–04 REGULAR SESSION
                    I.   LEGISLATIVE ORGANIZATION
                         Assembly General Officers
      1. (a) The general officers of the Assembly are the following:
   (1) Speaker
   (2) Speaker pro Tempore
   Assistant Speaker pro Tempore
   Majority Floor Leader
   Minority Floor Leader
   (3) Chief Clerk
   Sergeant at Arms
   Chaplain
   (b) Except for the officers listed in paragraph (2) of subdivision (a),
each officer listed in subdivision (a) shall be elected by a majority vote
of the duly elected and qualified Members.
   (c) The Chief Clerk, subject to the approval of the Committee on
Rules, shall determine the names and titles that shall appear on the front
page of all publications.
                             Hours of Meeting
     2. The Speaker, or, in his or her absence, the Speaker pro
Tempore, shall determine the time for convening the session, unless
otherwise ordered by a majority vote of the Members present
and voting.
                    Speaker to Call Assembly to Order
     3. The Speaker, or, in his or her absence, the Speaker pro
Tempore, shall, at the hour appointed for meeting, call the Assembly
to order.
                           Roll Call and Quorum
      4. Before proceeding with the business of the Assembly, both of
the following shall be completed:
   (1) The roll of the Members shall be called, and the names of those
present shall be entered in the Journal. Forty-one Members constitute
a quorum.
   (2) The presiding officer shall announce the names of all Members
who will be absent from that day’s session and the reason for
their absence.
10                        ASSEMBLY JOURNAL                Dec. 2, 2002
                         Organization of Assembly
     5. For the purposes of the organization of any regular session of
the Assembly pursuant to Section 9023 of the Government Code, the
person who was the Speaker when the previous regular session
adjourned sine die, if he or she is reelected to the Assembly, shall be
deemed to be the senior member elect.
                               II.   RULES
                        Adoption of Standing Rules
     6. The adoption of the Standing Rules requires an affirmative
recorded vote of a majority of the duly elected and qualified Members.
When once adopted, the Standing Rules shall remain in effect unless
suspended or amended as provided in these rules.
                           Suspension of Rules
     7. Unless specified otherwise in these rules, any Standing Rule of
the Assembly not requiring more than a majority vote, except Rule 8,
may be suspended temporarily by a vote of a majority of the Members
of the Assembly. A rule requiring a two-thirds vote may be temporarily
suspended by a two-thirds vote of the Members of the Assembly. A
temporary suspension applies only to the matter under immediate
consideration, and in no case may it extend beyond an adjournment.
                         Amending Standing Rules
     8. A standing rule of the Assembly may not be amended except
by a resolution adopted by an affirmative recorded vote of a majority of
the duly elected and qualified Members.
                             Mason’s Manual
    10. In all cases not provided for by the California Constitution, by
the Assembly Rules, by the Joint Rules of the Senate and Assembly, or
by statute, the authority is the latest edition of Mason’s Manual.
                 III.   ORGANIZATION OF COMMITTEES
                           Standing Committees
    11. Twenty-nine standing committees of the Assembly are hereby
created, upon the several subjects, and titled respectively, as follows:
   Aging and Long-Term Care
   Agriculture
   Appropriations
   Arts, Entertainment, Sports, Tourism, and Internet Media
   Banking and Finance
   Budget
   Business and Professions
   Education
   Elections, Redistricting, and Constitutional Amendments
   Environmental Safety and Toxic Materials
   Governmental Organization
   Health
   Higher Education
   Housing and Community Development
   Human Services
   Insurance
   Jobs, Economic Development, and the Economy
   Judiciary
Dec. 2, 2002             ASSEMBLY JOURNAL                              11
  Labor and Employment
  Local Government
  Natural Resources
  Public Employees, Retirement and Social Security
  Public Safety
  Revenue and Taxation
  Rules
  Transportation
  Utilities and Commerce
  Veterans Affairs
  Water, Parks and Wildlife
                             Open Meetings
     11.3. (a) Except as otherwise provided in this rule, all meetings of
the Assembly or a committee thereof shall be open and public, and all
persons shall be permitted to attend the meetings. As used in this rule,
‘‘meeting’’ means a gathering of a quorum of the Members of the
Assembly or a committee in one place for the purpose of discussing
legislative or other official matters within the jurisdiction of the
Assembly or committee. As used in this rule, ‘‘committee’’ includes a
standing committee, joint committee, conference committee,
subcommittee, select committee, special committee, research
committee, or any similar body.
   (b) Any meeting that is required to be open and public pursuant to
this rule, including any closed session held pursuant to subdivision (c),
may be held only after full and timely notice to the public as provided
by the Joint Rules of the Assembly and Senate.
   (c) The Assembly or a committee thereof may hold a closed session
solely for any of the following purposes:
   (1) To consider the appointment, employment, evaluation of
performance, or dismissal of a public officer or employee, to consider or
hear complaints or charges brought against a Member of the Legislature
or other public officer or employee, or to establish the classification or
compensation of an employee of the Assembly.
   (2) To consider matters affecting the safety and security of Members
of the Legislature or its employees, or the safety and security of any
buildings and grounds used by the Legislature.
   (3) To confer with, or receive advice from, its legal counsel
regarding pending or reasonably anticipated litigation, or whether to
initiate litigation, when discussion in open session would not protect the
interests of the Assembly or committee regarding the litigation.
   (d) A caucus of the Members of the Assembly that is composed of
members of the same political party may meet in closed session.
   (e) A closed session may be held pursuant to paragraph (3) of
subdivision (c) under any of the following circumstances:
   (1) An adjudicatory proceeding before a court, administrative body
exercising its adjudicatory authority, hearing officer, or arbitrator, to
which the Assembly or a committee, Member, or employee thereof is a
party, has been initiated formally.
   (2) Based on existing facts and circumstances, a point has been
reached where, in the opinion of the Assembly or a committee thereof,
on the advice of its legal counsel, litigation against the Assembly or a
committee, Member, or employee thereof is reasonably anticipated.
12                        ASSEMBLY JOURNAL                    Dec. 2, 2002
    (3) Based on existing facts and circumstances, the Assembly or a
committee thereof has decided to initiate, or is deciding whether to
initiate, litigation.
    (4) To confer with, or receive advice from, its legal counsel and
negotiator prior to the purchase, sale, exchange, or lease of real property
by or for the Assembly or a committee thereof regarding the price and
terms of payment for the purchase, sale, exchange, or lease.
    (f) Prior to holding a closed session pursuant to paragraph (3) of
subdivision (c), the presiding officer of the Assembly or the chair of the
committee, as appropriate, shall state publicly which paragraph of
subdivision (e) is applicable. If the closed session is held pursuant to
paragraph (1) of subdivision (e), the presiding officer or chair shall state
the title of or otherwise specifically identify the litigation to be
discussed, unless the presiding officer or chair states that to do so would
jeopardize the ability to effectuate service of process upon one or more
unserved parties, or that to do so would jeopardize the ability of the
Assembly or the committee to conclude existing settlement negotiations
to its advantage. If the closed session is held pursuant to paragraph (4)
of subdivision (e), the notice of the closed session shall identify the real
property that the negotiations may concern and the person with whom
the negotiations may take place.
    (g) The legal counsel for the Assembly or the committee shall
prepare and submit to the Assembly or the committee a memorandum
stating the specific reasons and legal authority for the closed session. If
the closed session is held pursuant to paragraph (1) of subdivision (e),
the memorandum shall include the title of or other identification of the
litigation. If the closed session is held pursuant to paragraph (2), (3), or
(4) of subdivision (e), the memorandum shall set forth the existing facts
and circumstances on which the closed session is based. The legal
counsel shall submit the memorandum to the Assembly or the
committee prior to the closed session, if feasible, or, in any case, not
later than one week after the closed session. The memorandum is
exempt from disclosure under the Legislative Open Records Act
contained in Article 3.5 (commencing with Section 9070) of Chapter 1.5
of Part 1 of Division 2 of Title 2 of the Government Code.
    (h) For purposes of paragraph (3) of subdivision (c), ‘‘litigation’’
includes any adjudicatory proceeding, including eminent domain,
before a court, administrative body exercising its adjudicatory authority,
hearing officer, or arbitrator.
    (i) For purposes of this rule, all expressions of the lawyer-client
privilege other than those provided in this rule are hereby abrogated.
This rule is the exclusive expression of the lawyer-client privilege for
the purposes of conducting closed-session meetings pursuant to
this rule.
    (j) Disclosure of a memorandum required under this rule shall not be
deemed a waiver of the lawyer-client privilege provided for under
Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of
the Evidence Code.
                     Conference Committee Meetings
   11.4. A Member may not participate in a meeting of a conference
committee considering any bill that is not open to the public.
Dec. 2, 2002              ASSEMBLY JOURNAL                              13
                   Assembly Investigating Committees
    11.5. (a) The standing committees of the Assembly created
pursuant to Rule 11, with the exception of the Committee on Rules, are
hereby constituted Assembly investigating committees and are
authorized and directed to ascertain, study, and analyze all facts relating
to any subjects or matters which the Committee on Rules shall assign to
them upon request of the Assembly or upon its own initiative.
   (b) Each of the Assembly investigating committees consists of the
members of the standing committee on the same subject as most
recently constituted. The chairperson and vice chairperson is the
chairperson and vice chairperson of the standing committee. Vacancies
occurring in the membership of the committee shall be filled by the
appointing authority.
   (c) Each committee and any subcommittee, and its members, have
and may exercise all the rights, duties, and powers conferred upon
investigating committees and their members by law and by the Joint
Rules of the Senate and Assembly and the Standing Rules of the
Assembly as they are adopted and amended from time to time, which
rules are incorporated herein and made applicable to the committee or
subcommittee and their members.
   (d) In order to prevent duplication and overlapping of studies
between the various investigating committees herein created, a
committee may not commence the study of any subject or matter not
specifically authorized herein or assigned to it unless and until prior
written approval thereof has been obtained from the Committee
on Rules.
   (e) The Committee on Rules shall provide for the expenses of the
above committees and their members and for any charges, expenses, or
claims they may incur under this rule, to be paid from the Assembly
Operating Fund and disbursed, after certification by the Chairperson of
the Committee on Rules or his or her authorized representative, upon
warrants drawn by the Controller upon the State Treasury.
                   Membership of Standing Committees
   12. The Speaker shall determine the size, and appoint the
membership and the chairperson and vice chairperson, of all standing
committees and subcommittees. In appointing Members to serve on
committees, the Speaker shall consider the preferences of the Members.
                           Committee on Rules
    13. There is a Committee on Rules, which acts as the executive
committee of the Assembly. The committee consists of the chairperson,
who shall be a Member selected by the Speaker, and seven other
members, four to be selected by the Speaker and three, including the
vice chairperson of the committee, to be selected by the Minority Floor
Leader. One alternate member of the Committee on Rules shall be
selected by each party leader. Members and alternates so selected shall
remain in office until their successors are selected as provided for in
these rules. The Speaker or the Minority Floor Leader may designate
any member of their respective parties in lieu of or in addition to the
alternate member to fill a temporary vacancy.
   An alternate member may serve when a committee member of
the same political party is absent. No regular member of the Committee
on Rules may simultaneously serve as a chairperson of any standing
committee.
14                        ASSEMBLY JOURNAL                   Dec. 2, 2002
   All meetings of the Committee on Rules that are required to be open
and public shall be held in a room of appropriate size, and audio or video
transmission of those meetings shall be provided.
                     Organization of Party Caucuses
    13.1. Within two days after the general election held in
November of each even-numbered year, the caucus of the political party
having the greatest number of Members in the Assembly, and the caucus
of the political party having the second greatest number of Members,
each shall meet for the purpose of selecting their officers for the next
regular session. The rules and procedures of each caucus shall be
determined by that caucus, but may not be inconsistent with these rules.
                    Powers of the Committee on Rules
     14. (a) The Committee on Rules has the following powers:
   (1) To refer each bill and house resolution to a committee, as
provided by these rules.
   (2) To appoint all employees of the Assembly not otherwise provided
for by statute. It has authority to terminate, to discipline, to establish,
and to modify the terms and conditions of employment of, or to suspend,
with or without pay, any employee of the Assembly.
   (3) To make studies and recommendations designed to promote,
improve, and expedite the business and procedure of the Assembly and
of the committees thereof, and to propose any amendments to the Rules
deemed necessary to accomplish these purposes.
   (4) To adopt additional policies or requirements regarding the use of
cameras and other recording equipment at committee hearings or
Assembly floor sessions.
   (5) To contract with other agencies, public or private, as it deems
necessary for the rendition and affording of those services, facilities,
studies, and reports to the committee that will best assist it to carry out
the purposes for which it is created.
   (6) To cooperate with and secure the cooperation of county, city, city
and county, and other local law enforcement agencies in investigating
any matter within the scope of these rules and to direct the sheriff of any
county to serve subpoenas, orders, and other process issued by the
committee.
   (7) To report its findings and recommendations to the Legislature
and to the people from time to time and at any time.
   (8) To do any and all other things necessary or convenient to enable
it fully and adequately to exercise its powers, perform its duties, and
accomplish the objects and purposes of these rules.
   (9) To make available to the Assembly, or to any Assembly or joint
committee, or to any Member of the Assembly assistance in connection
with the duties of the committee or other legislative matters as the
personnel under direction of the committee or its other facilities permit.
   (10) To make available to and furnish to the Assembly, and to
Assembly investigating committees created at this session and to each
of the members thereof, clerical, secretarial, and stenographic help as
may be reasonably necessary for the Assembly to carry out its work, and
for the committees and each of the members thereof, to make and carry
on the studies and investigations required by or of them by the
resolutions creating the committees, and for these purposes to employ
additional stenographic and secretarial assistants as may be necessary,
assign, reassign, and discharge these assistants and prescribe amounts,
Dec. 2, 2002             ASSEMBLY JOURNAL                              15
times, and methods of payment of their compensation. The committee
shall allocate annually an amount for the operation of each investigating
committee, which shall constitute the annual budget of the committee.
   (b) During the times as the Assembly is not in session, the committee
is authorized and directed to incur and pay expenses of the Assembly not
otherwise provided for that the committee determines are reasonably
necessary, including the repair, alteration, improvement, and equipping
of the Assembly Chamber and the offices provided for the Assembly in
the State Capitol and the Capitol Annex.
   (c) The committee shall allocate sufficient moneys from the
Assembly Operating Fund to support the Assembly’s share of joint
operations.
   (d) The chairperson of the Committee on Rules shall appoint a Chief
Administrative Officer of the Assembly, subject to the ratification of the
Committee on Rules, who has duties relating to the administrative,
fiscal, and business affairs of the Assembly that the committee shall
prescribe. The Chairperson of the Committee on Rules or a majority of
the membership of the Committee on Rules may terminate the services
of the Chief Administrative Officer at any time. Notwithstanding the
foregoing, the Speaker may appoint a temporary chief administrative
officer for up to 90 days following the beginning of the session.
   (e) The committee on Rules shall provide for the publication of a
compilation of the photographs of accredited press representatives.
   (f) The Committee on Rules may delegate powers to the Speaker by
a majority vote of the membership of the committee.
     Subcommittee on Sexual Harassment Prevention and Response
    14.5. (a) The Subcommittee on Sexual Harassment Prevention
and Response is created as a subcommittee of the Committee on Rules.
The subcommittee is composed of a total of six members, with the
following four members appointed by the Chairperson of the
Committee on Rules: two members of the Committee on Rules from the
political party having the greatest number of Members in the Assembly
and two members of the Committee on Rules from the political party
having the second greatest number of Members. The two members from
the political party having the second greatest number of Members shall
be appointed from a list of nominees that the vice chairperson of the
committee provides to the chairperson. The co-chairs of the Assembly
Legislative Ethics Committee also shall be members of the
subcommittee. The Chairperson of the Committee on Rules shall
designate one of the members of the subcommittee to serve as chair of
the subcommittee.
   (b) The subcommittee shall formulate and recommend to the
Committee on Rules procedures for the handling of any complaint of
sexual harassment lodged against a Member of the Assembly or an
Assembly employee. Those recommendations shall be submitted to the
Committee on Rules no later than 30 days following the adoption of
this rule.
   (c) Following the submission of the recommendations pursuant to
subdivision (b), the chair of the subcommittee may cause the
subcommittee to convene to review and recommend further changes in
procedures as subsequent events may require.
16                       ASSEMBLY JOURNAL                  Dec. 2, 2002
                          Committee on Rules
    15. The Committee on Rules shall continue in existence during
any recess of the Legislature and after final adjournment and until the
convening of the next regular session, and shall have the same powers
and duties as while the Assembly is in session. In dealing with any
matter within its jurisdiction, the committee and its members have and
may exercise all of the rights, duties, and powers conferred upon
investigating committees and their members by the Joint Rules of the
Senate and Assembly as they are adopted and amended from time to
time, which rules are incorporated herein and made applicable to the
Committee on Rules and its members.
                         Operating Fund Report
   15.5. The Committee on Rules shall annually prepare a report to
the public of expenditures as required by Section 9131 of the
Government Code.
                 Independent Audit of Operating Funds
    15.6. The Committee on Rules shall annually contract for an
independent audit of the revenues and expenditures, for each fiscal year,
from the Assembly Operating Fund. The organization performing the
audit shall be selected by a majority of the membership of the
Committee on Rules. The contract for the audit shall be awarded
through a competitive bidding procedure. The audit shall be prepared in
a manner and form to be determined by the organization performing the
audit, and shall be consistent with generally accepted accounting
principles.
   The audit shall be completed and made available to the public
within 180 calendar days following the completion of the fiscal year for
which the audit is performed.
                           Performance Audit
    15.7. In addition to the annual financial audit required by Rule
15.6, the Committee on Rules shall contract for an audit of the
administrative operations of the Assembly each session. The
administrative departments to be audited shall be determined by the
Committee on Rules. An organization performing an audit pursuant to
this rule shall be selected by a majority of the membership of the
Committee on Rules. A contract for an audit shall be awarded through a
competitive bidding procedure. Audits shall be prepared in a manner
and form to be determined by the organization performing the audit, and
shall be consistent with generally accepted accounting principles.
   All findings and recommendations reported by an auditing firm shall
be made available to Members and to the public.
                      Rules Committee Resolutions
    16. The Committee on Rules, acting unanimously by appropriate
resolution, on behalf of and in the name of the Assembly, may extend
congratulations, commendations, sympathy, or regret to any person,
group, or organization, and may authorize the presentation of suitably
prepared copies of these resolutions to the persons concerned and to
their relatives.
Dec. 2, 2002             ASSEMBLY JOURNAL                             17
                        Assembly Operating Fund
    17. The Committee on Rules is the committee identified in
Section 9127 of the Government Code. The balance of all money in the
Assembly Operating Fund, including money now or hereafter
appropriated, except the sums that are made available specifically for
the expense of designated committees or for other purposes, is hereby
made available to the Committee on Rules for any charges or claims it
may incur in carrying out the duties imposed upon it by these rules or by
Assembly or concurrent resolution. The money made available by this
rule includes the unencumbered balances of all sums heretofore made
available to any Assembly or joint committee by the Assembly, upon the
expiration of that committee, and shall be expended as provided in
these rules.
                              Expenditures
    18. A Member or committee may not incur any expense except as
authorized pursuant to these rules or the Joint Rules of the Senate and
Assembly, or as authorized by the Assembly or the Committee on Rules.
   The Committee on Rules shall provide, by rules and regulations, for
the manner of authorizing expenditures by Members, committees,
officers, and employees of the Assembly that are not otherwise
authorized by law, these rules, or the Joint Rules of the Senate and
Assembly. These rules and regulations shall incorporate a provision
whereby construction, alteration, improvement, repair, or maintenance
of real or personal property, and the purchase of supplies and
equipment, shall be governed by competitive bidding. Further, the rules
and regulations shall provide for the payment of expenditures, as
authorized by these rules and regulations, from the Assembly Operating
Fund upon certification of claims therefor to the Controller by the
Committee on Rules or its authorized representative.
   A Member may not be reimbursed for travel outside the State of
California without prior approval of the Speaker or the Committee
on Rules.
               Rules and Regulations Governing Committees
     20. All claims for expenses incurred by investigating committees
of the Assembly shall be approved by the Committee on Rules, or its
authorized representative, before the claims are presented to
the Controller.
   All proposed expenditures, other than expenditures of the funds of an
investigating committee, shall be approved by the Committee on Rules
or its authorized representative before the expenses are incurred, unless
the expenditure is specifically exempted from this requirement by the
resolution authorizing it.
   No warrant may be drawn in payment of any claim for expenses until
the approval of the Committee on Rules, or its authorized
representative, has been obtained in accordance with this rule.
   The Committee on Rules shall adopt rules and regulations governing
the awarding of any contract by an investigating committee, and rules
and regulations limiting the amount, time, and place of expenses and
allowances to be paid to employees of Assembly investigating
committees or other Assembly committees.
   These rules may provide for allowances to committee employees in
lieu of actual expenses.
18                        ASSEMBLY JOURNAL                    Dec. 2, 2002
   Mileage is an allowance to a committee employee in lieu of actual
expenses of travel. When travel is by private conveyance, mileage may
be allowed only to the operator of, and not to passengers in, a private
vehicle. Claims for mileage by private conveyance must be
accompanied by the license number of the vehicle and the names of state
officers and employees riding as passengers.
   Copies of all rules and regulations adopted pursuant to this rule shall
be distributed to the chairperson of every investigating committee and
of any other Assembly committee that has employees.
                            Fees for Witnesses
    21. Each witness summoned to appear before the Assembly or any
of its committees shall be reimbursed at a rate set by the Committee
on Rules.
                 Assembly General Research Committee
    22. (a) The Assembly General Research Committee is hereby
continued as a permanent factfinding committee pursuant to Section 11
of Article IV of the California Constitution. The committee is allocated
all subjects within the scope of legislative regulation and control, but
may not undertake any investigation that another committee has been
specifically requested or directed to undertake. The Assembly General
Research Committee may act through subcommittees appointed by the
Speaker in consultation with the Committee on Rules, and each of these
subcommittees may act only on the particular study or investigation
assigned by the Speaker in consultation with the Committee on Rules to
that subcommittee. Each subcommittee shall be known and designated
as a select committee. The Speaker is the Chairperson of the Assembly
General Research Committee and may be a voting member of any
subcommittee. Each member of the Assembly General Research
Committee is authorized and directed to receive and investigate requests
for legislative action made by individuals or groups, and to report
thereon to the full committee. The Committee on Rules is authorized to
allocate to any subcommittee from the Assembly Operating Fund those
sums that the Committee on Rules deems necessary to complete the
investigation or study conferred upon that subcommittee. The
Committee on Rules shall further allocate, from time to time, to the
Assembly General Research Committee from the Assembly Operating
Fund those sums that are necessary to permit the Assembly General
Research Committee and the members thereof to carry out the duties
imposed on them. The committee has continuous existence until the
time that its existence is terminated by a resolution adopted by the
Assembly, and the committee is authorized to act both during and
between sessions of the Legislature, including any recess.
   (b) The committee and its members shall have and exercise all the
rights, duties, and powers conferred upon investigating committees and
their members by the Joint Rules of the Senate and Assembly and the
Standing Rules of the Assembly as they are adopted and amended from
time to time at this session, which provisions are incorporated herein
and made applicable to the committee and its members.
   (c) The committee has the following additional powers and duties:
   (1) To contract with other agencies, public or private, for the
rendition and affording of services, facilities, studies, and reports to the
committee as the committee deems necessary to assist it to carry out the
purposes for which it is created.
Dec. 2, 2002             ASSEMBLY JOURNAL                              19
   (2) To cooperate with and secure the cooperation of county, city, city
and county, and other local law enforcement agencies in investigating
any matter within the scope of this rule and to direct the sheriff of any
county to serve subpoenas, orders, and other process issued by the
committee.
   (3) To report its findings and recommendations to the Legislature
and the people from time to time.
   (4) To do any and all other things necessary or convenient to enable
it fully and adequately to exercise its powers, perform its duties, and
accomplish the objects and purposes of this rule.
                 Assembly Legislative Ethics Committee
     22.5. (a) The Assembly Legislative Ethics Committee is hereby
created. The committee shall consist of six Members of the Assembly,
appointed by the Speaker. Notwithstanding any other rule of the
Assembly, three members of the committee shall be from the political
party having the greatest number of Members in the Assembly and three
members shall be from the political party having the second greatest
number of Members. Any temporary or permanent vacancy on the
committee shall be filled within 10 days by a member from the same
political party. All appointments, including appointments to fill
permanent or temporary vacancies, of members from the political party
having the second greatest number of Members in the Assembly shall be
made from a list of nominees that the Minority Floor Leader provides to
the Speaker. The Speaker shall designate one member of the committee
from the political party having the greatest number of Members in the
Assembly and one member of the committee from the political party
having the second greatest number of Members to serve as co-chairs of
the committee. The Speaker shall designate one of the co-chairs to serve
as the presiding officer at any meeting or hearing conducted by
the committee.
   If a verified complaint is filed against a member of the committee, the
Speaker shall temporarily replace the member with a Member from the
same political party, who shall serve until the complaint is dismissed or
the Assembly takes final action on the complaint, whichever
occurs first.
   (b) The provisions of this rule, and of Rule 11.5 related to
investigating committees, apply to the committee and govern its
proceedings.
   Prior to the issuance of any subpoena by the committee with respect
to any matter before the committee, it shall, by a resolution adopted by
the committee pursuant to a vote in accordance with subdivision (n),
define the nature and scope of its investigation in the matter before it.
   (c) Funds for the support of the committee shall be provided from the
Assembly Operating Fund in the same manner that those funds are made
available to other committees of the Assembly.
   (d) (1) The committee has the power, pursuant to this rule and
Article 3 (commencing with Section 8940) of Chapter 1 of Part 1 of
Division 2 of Title 2 of the Government Code, to investigate and make
findings and recommendations concerning violations by Members of
the Assembly of any provision of Article 2 (commencing with
Section 8920) of Chapter 1 of Part 1 of Division 2 of Title 2 of the
20                         ASSEMBLY JOURNAL                    Dec. 2, 2002
Government Code or of any other provision of law or legislative rule
that governs the conduct of Members of the Assembly, hereafter
collectively referred to as ‘‘standards of conduct.’’
   (2) The committee may, on its own action pursuant to a vote in
accordance with subdivision (n), initiate an investigation of a Member
of the Assembly.
   (e) Any person may file with the committee a verified complaint in
writing, which shall state the name of the Member of the Assembly
alleged to have violated any standard of conduct, and which shall set
forth the particulars thereof with sufficient clarity and detail to enable
the committee to make a determination. The person filing the complaint
thereafter shall be designated the complainant.
   If a verified complaint is filed with the committee, the committee
promptly shall send a copy of the complaint to the Member of the
Assembly alleged to have committed the violation complained of, who
thereafter shall be designated the respondent.
   A complaint may not be filed with the committee after the expiration
of 12 months from the date the alleged violation is discovered or three
years from the date of the alleged violation, whichever occurs first.
   (f) (1) If the committee determines that the verified complaint does
not allege facts, directly or upon information and belief, sufficient to
constitute a violation of any standard of conduct, it shall dismiss the
complaint and so notify the complainant and respondent.
   (2) (i) If the committee determines that the verified complaint does
allege facts, directly or upon information and belief, sufficient to
constitute a violation of any standard of conduct, the committee
promptly shall investigate the alleged violation and if, after this
preliminary investigation, the committee finds that reasonable cause
exists for believing the allegations of the complaint, it shall fix a time for
a hearing in the matter, which shall be not more than 30 days after that
finding. The committee may, however, seek an extension of this period,
not to exceed an additional 30 days, which may be granted by a majority
vote of the Committee on Rules.
   (ii) If, after preliminary investigation, the committee does not find
that reasonable cause exists for believing the allegations of the
complaint, the committee shall dismiss the complaint. In either event,
the committee shall notify the complainant and the respondent of its
determination.
   (3) The committee shall make its determination under paragraph (1)
or (2) of this subdivision, pursuant to a vote in accordance with
subdivision (n), not later than 90 days after first receiving a complaint
that satisfies subdivision (e). The committee may, however, seek an
extension, not to exceed 30 days, which may be granted by a majority
vote of the membership of the Committee on Rules. If the committee
has requested a law enforcement agency to investigate the complaint or
if the committee knows the complaint is being investigated by a law
enforcement agency, the time limits set forth in this subdivision shall be
tolled until the investigation is completed.
   (4) The committee’s determination under paragraph (1) or (2) of this
subdivision shall be stated in writing, with reasons given therefor, and
shall be provided to the Assembly, and, in any case concerning an
alleged violation of Article 2 (commencing with Section 8920) of
Dec. 2, 2002              ASSEMBLY JOURNAL                                21
Chapter 1 of Part 1 of Division 2 of Title 2 of the Government Code,
shall be provided to the appropriate law enforcement agency. This
written determination is a public record and is open to public inspection.
   (5) Any deliberations of the committee from the time of receipt of a
complaint until it decides to dismiss the complaint or to set a hearing
shall not be open to the public unless the respondent requests a
public meeting.
   (g) After the complaint has been filed, the respondent shall be
entitled to examine and make copies of all evidence in the possession of
the committee relating to the complaint.
   (h) If a hearing is held pursuant to subdivision (f), the committee,
before the hearing has commenced, shall issue subpoenas and
subpoenas duces tecum at the request of any party in accordance with
Chapter 4 (commencing with Section 9400) of Part 1 of Division 2 of
Title 2 of the Government Code. All of the provisions of that chapter,
except Section 9410 of the Government Code, shall apply to the
committee and the witnesses before it.
   (i) At any hearing held by the committee:
   (1) Oral evidence shall be taken on oath or affirmation.
   (2) Each party shall have these rights: to be represented by legal
counsel; to call and examine witnesses; to introduce exhibits; and to
cross-examine opposing witnesses.
   (3) The hearing shall be open to the public.
   (j) Any official or other person whose name is mentioned at any
investigation or hearing of the committee, and who believes that
testimony has been given that adversely affects him or her, shall have
the right to testify or, at the discretion of the committee, to testify under
oath relating solely to the material relevant to the testimony regarding
which he or she complains.
   (k) The committee shall have 15 days following the hearing within
which to deliberate and reach its final determination on the matter
as follows:
   (1) If the committee finds that the respondent has not violated any
standard of conduct, it shall order the action dismissed, shall notify the
respondent and complainant thereof, and, in cases concerning an alleged
violation of Article 2 (commencing with Section 8920) of Chapter 1 of
Part 1 of Division 2 of Title 2 of the Government Code, shall transmit a
copy of the complaint and the fact of dismissal to the appropriate law
enforcement agency. The complaint and the fact of dismissal
transmitted pursuant to this paragraph are public records and open to
public inspection.
   (2) If the committee finds that the respondent has violated any
standard of conduct, it shall state its findings of fact and submit a report
thereon to the Assembly. This report shall be accompanied by a House
Resolution, authored by the committee, which shall be introduced at the
Chief Clerk’s desk and then referred by the Committee on Rules to the
Ethics Committee. The House Resolution shall include a statement of
the committee’s findings and the committee’s recommendation for
disciplinary action. Within seven days, the committee shall adopt the
final form of the House Resolution and report it to the Assembly for
placement on the Daily File. The committee also shall send a copy of
those findings and report to the complainant and respondent, and, in
cases concerning an alleged violation of Article 2 (commencing with
Section 8920) of Chapter 1 of Part 1 of Division 2 of Title 2 of the
22                        ASSEMBLY JOURNAL                   Dec. 2, 2002
Government Code, shall report thereon to the appropriate law
enforcement agency. The report submitted pursuant to this paragraph is
a public record and open to public inspection.
   After the receipt of a copy of the committee’s final report and House
Resolution, the Assembly expeditiously shall take appropriate action
with respect to the respondent.
   (l) The filing of a complaint with the committee pursuant to this rule
suspends the running of the statute of limitations applicable to any
violation of any standard of conduct alleged in the substance of that
complaint while the complaint is pending.
   (m) The committee shall maintain a record of its investigations,
inquiries, and proceedings. All records, complaints, documents, and
reports filed with or submitted to or made by the committee, and all
records and transcripts of any investigations, inquiries, or hearings of
the committee under this rule shall be deemed confidential and shall not
be open to inspection, without the express permission of the committee,
by any person other than a member of the committee, or an employee of
the committee or other state employee designated to assist the
committee, except as otherwise specifically provided in this rule. The
committee may, by adoption of a resolution, authorize the release to the
Attorney General or a district attorney of the appropriate county of any
information, records, complaints, documents, reports, and transcripts in
its possession that are material to any matter pending before the
Attorney General or that district attorney. All matters presented at a
public hearing of the committee and all reports of the committee stating
a final finding of fact pursuant to subdivision (k) shall be public records
and open to public inspection. Any employee of the committee who
divulges any matter that is deemed to be confidential by this subdivision
shall be subject to discipline by the Committee on Rules.
   (n) The committee may take any action authorized by this rule only
upon the vote of not less than two members from the registered political
party having the greatest number of Members in the Assembly and two
members from the registered political party having the second greatest
number of Members. Any vacancy on the committee does not reduce the
votes required to take action.
   (o) The committee may render advisory opinions to Members of the
Assembly with respect to the standards of conduct and their application
and construction. The committee may secure an opinion from the
Legislative Counsel for this purpose or issue its own opinion. Any
committee advisory opinion shall be prepared by committee members
or staff and shall be adopted by the committee pursuant to
subdivision (n).
   (p) The committee shall conduct, at least semiannually, an
orientation course on the relevant statutes and regulations governing
official conduct. The curriculum and presentation of the course shall be
established by the Committee on Rules.
   Pursuant to Section 8956 of the Government Code, the committee
shall conduct, at least annually, an orientation course on the relevant
ethical issues and laws relating to lobbying. The committee shall impose
fees on lobbyists for attending this course at an amount that will permit
the participation of lobbyists to the fullest extent possible.
   At least once each biennial session, each Member of the Assembly
and each designated employee of the Assembly shall attend one of
these courses.
Dec. 2, 2002              ASSEMBLY JOURNAL                              23
                      Printing of Committee Reports
    23. All requests for the printing of reports of Assembly
committees shall be referred to the Committee on Rules. The
Committee on Rules shall determine the number of copies needed and
whether the report shall be printed in the Journal. In no event may more
than 1,000 copies of any committee report be authorized by the
Committee on Rules on the first printing, exclusive of the Journal
copies if the report is to be printed therein, unless the Committee on
Rules finds and determines that there is a special need for that report in
greater numbers.
   Upon determination by the Committee on Rules that additional
copies of an Assembly committee report are required at any time
following the first printing of the authorized number of copies, the
Committee on Rules may authorize one or more additional printings in
the numbers found by it to be necessary and may make funds available
therefor.
   An Assembly committee report may not contain more than 100 pages,
including the front and back cover thereof and any appendix, unless a
greater number of pages has been approved and authorized by the
Committee on Rules.
                          Assembly Employees
     24. Every employee who works for a committee of the Assembly
or a subcommittee of a committee, for a Member of the Assembly, for
the Chief Clerk’s office, or for the Sergeant at Arms, is an employee of
the Assembly. All employees of the Assembly serve at the pleasure of
the Assembly and the terms and conditions of their employment may be
modified, or their employment may be terminated at will, at any time
and without notice, by the Committee on Rules.
   Every applicant for employment by the Assembly shall prepare a
formal application for employment on forms prescribed by the
Committee on Rules. The application shall include a statement of his or
her present employment, his or her employment during the preceding
two years, and other pertinent information that the Committee on Rules
may require. The application shall be certified under penalty of perjury,
and any willful false statement or omission of a material fact shall be
punishable as perjury. If the application discloses any fact that indicates
that the applicant has a personal interest that would conflict with the
faithful performance of his or her duties, the applicant shall not be
employed. All applications shall be retained in the records of
the committee.
   Every employee shall complete the Assembly ethics course in the
first six months of his or her employment. Thereafter, every employee
shall take the course in the first six months of every legislative session.
   Every employee shall, within the first six months of every legislative
session, take a course on sexual harassment prevention. The content of
the course shall be determined by the Committee on Rules and shall
include the Assembly’s policy on sexual harassment prevention
and response.
   An employee may not engage in any outside business activity or
outside employment that is inconsistent, incompatible, or in conflict
with his or her functions or responsibilities as an employee of the
Assembly. Any employee who engages in any outside business activity
24                          ASSEMBLY JOURNAL                Dec. 2, 2002
or employment that is in any way related to his or her functions or
responsibilities as an employee shall promptly notify the Committee on
Rules of that business activity or employment.
                            Assembly Proceedings
    25. Accredited press representatives may not be excluded from
any public legislative meeting or hearing and may not be prohibited
from taking photographs of, televising, or recording the committee or
house hearings, subject to the following conditions:
   (1) This rule shall extend to all public legislative meetings.
   (2) Lights shall be used only when cameras are filming, and, when
possible, proceedings in hearing rooms and the Chamber shall be filmed
without lights.
   (3) Every effort should be made to set up filming equipment before
hearings or sessions begin.
   (4) The committee chairperson or the Speaker shall be notified, as far
in advance of the proceedings as possible, that recordings and television
cameras will be present and filming.
   (5) To the extent practical, flash cameras shall not be used.
   (6) Photographs shall be taken in an orderly and expeditious manner
so as to cause the least possible inconvenience to the committee or to the
Members in the Chamber.
                      IV.    ASSEMBLY FUNCTIONS
                     A.     Duties of Assembly Officers
                             Duties of the Speaker
    26. (a) The Speaker possesses the powers and shall perform the
duties prescribed as follows:
   (1) To preserve order and decorum; he or she may speak to points of
order in preference to the other Members, rising from his or her chair for
that purpose.
   (2) To decide all questions of order subject to appeal to the Assembly
by any Member. On every appeal, the Speaker shall have the right to
assign the reason for his or her decision.
   (3) To name any Member to perform the duties of the Speaker,
except that any substitution may not extend beyond adjournment.
   (4) To have general direction over the Assembly chamber and rooms
set aside for the use of the Assembly, including the rooms for use by
Members as private offices.
   (5) To allocate funds, staffing, and other resources for the effective
operation of the Assembly.
   (6) To appoint the membership of all standing and special
committees, and their respective chairpersons and vice-chairpersons.
The Speaker has approval power over the appointment of
subcommittees of those standing and special committees.
   (7) To establish a schedule of meetings of standing committees or
subcommittees and to approve special meetings at a time different from
the scheduled time.
   (8) To have general control and direction over the Journals, papers,
and bills of the Assembly.
   (9) To act as Chairperson of the Committee of the Whole.
   (10) To order the Lobby and Gallery cleared whenever he or she
deems it necessary.
Dec. 2, 2002              ASSEMBLY JOURNAL                              25
   (11) To authenticate by his or her signature, when necessary or
required by law, all bills, memorials, resolutions, orders, proceedings,
writs, warrants, and subpoenas issued by order of the Assembly.
   (b) The Speaker shall be ex officio member of all Assembly and joint
committees with all of the rights and privileges of that membership,
except the right to vote. In counting a quorum of any of those
committees, the Speaker shall not be counted as a member.
   (c) The Speaker shall, at each regular session, appoint a Member of
the Assembly to serve on the Judicial Council pursuant to Section 6 of
Article VI of the California Constitution.
               Funerals and Other Ceremonies and Events
    27. The Speaker may designate any one or more of the Members
of the Assembly as the representatives of the Assembly to attend
funerals and other ceremonies and events in appropriate circumstances.
The Members so designated shall receive their expenses as provided in
Joint Rule 35.
                           Selection of Officers
    28. (a) The Speaker shall appoint all nonelected officers of the
Assembly except the Minority Floor Leader.
   (b) The Minority Floor Leader shall be selected by the caucus of the
political party having the second greatest number of Members in
the Assembly.
                    Duties of the Speaker pro Tempore
    29. The Speaker pro Tempore shall perform those duties assigned
by the Speaker, including the responsibility of presiding over sessions
of the Assembly and advising the Members on parliamentary
procedures of the house.
                          Majority Floor Leader
    30. It is the duty of the Majority Floor Leader to make those
appropriate motions, points of order, or other arrangements that may be
necessary to expedite the proceedings of the Assembly, and he or she is
responsible for the presentation of all matters that relate to the order of
business, and to the promotion of harmony among the membership.
                          Caucus Chairpersons
    31. The chairperson of the caucus of the political party having the
greatest number of Members in the Assembly, and the chairperson of the
caucus of the political party having the second greatest number of
Members in the Assembly, shall perform those duties that are prescribed
by their respective party caucuses.
                               Chief Clerk
    32. The Chief Clerk of the Assembly has the following duties,
powers, and responsibilities:
   (a) To keep the bills, papers, and records of the proceedings and
actions of the Assembly and to have charge of the publication and
distribution of those publications related thereto.
   (b) To supervise Assembly employees who are engaged in duties
related to subdivision (a).
   (c) To act as Parliamentarian of the Assembly and to advise the
officers of the Assembly and the Committee on Rules on parliamentary
procedure and the Rules of the Assembly when called upon to do so.
26                        ASSEMBLY JOURNAL                   Dec. 2, 2002
   (d) To prepare all bills, resolutions, histories, journals, and related
publications for printing.
   (e) To refuse to permit any bills, papers, or records to be removed
from his or her office or out of his or her custody, except upon duly
signed receipts from persons authorized.
   (f) To mail, before the commencement of each regular session of the
Legislature, to each Member a blank form on which the Member may
indicate his or her committee preferences. Accompanying the blank
form shall be mailed a stamped envelope addressed to the Chief Clerk
of the Assembly for returning the form. After their receipt, all those
communications shall be held by the Chief Clerk of the Assembly and
the information contained in the forms shall be forwarded to
the Speaker.
   (g) To perform other duties that are prescribed by law or the
Committee on Rules.
   (h) To make technical changes in measures and amendments
pending before the Assembly. The Chief Clerk shall notify the Speaker
and the author of the measure of any such change.
   (i) To compare all bills, ordered or considered engrossed by the
Assembly, with the engrossed copies thereof; before they pass out of the
possession of the Assembly, to see that each engrossed bill is a true copy
of the original, with those amendments that may have been made
thereto; and to see that all engrossed bills are reported back in the order
in which they were ordered engrossed.
   (j) To assist the Committee on Rules, upon its request, in
recommending the reference of bills to the appropriate standing
committee.
   The Assistant Chief Clerk shall have the powers and perform the
duties of the Chief Clerk during his or her absence.
                            Sergeant at Arms
    33. The Sergeant at Arms has the following duties, powers, and
responsibilities:
   (a) To attend the Assembly during its session, preserve order,
announce all official messengers, and serve all process issued by
authority of the Assembly and directed by the Speaker; the Sergeant at
Arms shall receive actual expenses for himself or herself, or for an
assistant, incurred in executing any process.
   (b) To see that no person is admitted to the Assembly Chamber
except in accordance with these rules.
   (c) To have general supervision over the Assistant Sergeants at Arms
and be responsible for their official acts and their performance of and
regular attendance upon their duties.
   (d) To execute all commands of the Speaker.
   (e) To perform all other duties pertaining to his or her office as
prescribed by law or Assembly rule.
   The Chief Assistant Sergeant at Arms shall have the powers and
perform the duties of the Sergeant at Arms during his or her absence.
           Filling Interim Vacancies—Assembly Elected Officers
    34. In the event a vacancy in any office, except Speaker, elected by
the membership of the Assembly occurs during joint recesses, the
Committee on Rules shall fill the office until the session reconvenes. If
a vacancy occurs in the office of the Speaker during a joint recess, the
Committee on Rules shall notify the membership within 15 days from
Dec. 2, 2002               ASSEMBLY JOURNAL                                 27
the time the vacancy occurs and shall call a caucus of the membership
of the Assembly for the purpose of filling the vacancy. This caucus shall
be held at the State Capitol within 30 days from the time the vacancy
occurs. Notice of the caucus shall be in writing and shall be mailed not
less than 10 days prior to the meeting of the caucus. If the Committee on
Rules fails to act within 15 days from the time the vacancy in the office
of Speaker occurs, the Chief Clerk of the Assembly shall act in its place,
following the procedure set forth in this rule. Any person selected to fill
any vacancy pursuant to this rule holds the office until the session
reconvenes.
   An affirmative recorded vote of a majority of the duly elected and
qualified Members is required for the selection by the Assembly caucus
of a person to fill a vacancy pursuant to this rule. The procedure for
selecting the Speaker at the caucus is the same as the procedure required
for the election of the Speaker at a session.
                                 B.   Printing
                            Authority for Printing
     35. The State Printer may not charge any printing or other work to
the Assembly other than as provided by law or Assembly rule, except
upon a written order signed by the Chief Clerk of the Assembly or the
Chief Administrative Officer of the Assembly. All invoices for printing
furnished to the Assembly shall be itemized and rendered by the State
Printer within 30 days after completion of the printing. When necessary,
the Chief Clerk of the Assembly or the Chief Administrative Officer of
the Assembly may order certain printed matter completed in advance of
its regular order by the issuance of a rush order.
                             Ordering of Printing
    36. The Chief Clerk is authorized to, and is responsible for,
ordering, the printing of bills, resolutions, journals, daily files, histories,
and related documents.
   The Chief Clerk of the Assembly, or the Chief Administrative Officer
of the Assembly, shall order other printing as directed or authorized by
the Committee on Rules, and the written order for that printing shall be
countersigned by the Speaker or a person designated by the Speaker.
The Chief Clerk of the Assembly or the Chief Administrative Officer of
the Assembly shall also order other printing as directed or authorized by
resolution or motion of the Assembly.
           Printing Assembly History and Legislative Handbook
    37. During the session, the Chief Clerk shall cause to be printed
and placed upon each Member’s desk, prior to convening on Monday of
each week, a complete history showing all actions taken upon each
measure up to and including the legislative day preceding its issuance.
For each legislative day intervening between the issuance of each
Weekly History, there shall be printed a Daily Supplemental History
showing only actions taken upon any measure since the issuance of the
preceding Weekly History.
  The Chief Clerk of the Assembly shall, as soon as practicable, in each
even-numbered year, commence to compile a legislative manual or
handbook, pursuant to Section 9740 of the Government Code.
28                         ASSEMBLY JOURNAL                  Dec. 2, 2002
                     V.   LEGISLATIVE PROCEDURE
                             Order of Business
    40. (a) The order of business of the Assembly shall be as follows:
    1. Roll Call
    2. Prayer by the Chaplain
    3. Reading of the Previous Day’s Journal
    4. Presentation of Petitions
    5. Introduction and Reference of Bills
    6. Reports of Committees
    7. Messages From the Governor
    8. Messages From the Senate
    9. Motions and Resolutions
   10. Business on the Daily File
   11. Announcements
   12. Adjournment
   (b) With the exception of Special Orders of Business, the Speaker
may determine that a different order of business will result in a more
expeditious processing of the business of the Assembly by ordering
resolutions honoring an individual or an organization, introductions,
and adjournments in memory of individuals to be taken up in a different
order than that listed in subdivision (a).
                    Pledging of Allegiance to the Flag
   41. At each session, following the prayer by the Chaplain, the
Members of the Assembly and its officers and employees present in the
Assembly Chamber shall pledge their allegiance to the Flag of the
United States of America. The Speaker shall invite guests present in the
Assembly Chamber to join in the pledge of allegiance to the Flag of the
United States of America.
                    Reading and Correcting Journals
    42. (a) The reading of the Journal of the previous day may be
dispensed with, on motion, by a majority vote of the Members present
and voting.
   (b) All journals of the Assembly shall be corrected by the Minute
Clerk and delivered to the Chief Clerk.
   (c) A motion to correct any day’s Journal or to print a letter in the
Journal shall always be in order and shall require a majority vote of the
Members present and voting.
                          Presentation of Petitions
    43. Whenever petitions, memorials, or other papers are presented
by a Member, a brief statement of the contents thereof may be made
verbally by the introducer. Petitions are not debatable and shall be filed,
or referred to a committee as the Speaker shall determine. Receipt of
that presentation and its disposition shall be noted in the Journal.
   Upon receipt of a petition for the impeachment of any person subject
to impeachment by the Legislature, the Speaker shall, without comment
or debate, forthwith refer the petition to committee.
                      Messages From the Governor
   44. Messages from the Governor shall be delivered to the
Chief Clerk or an assistant, and shall be read and ordered printed in the
Journal unless otherwise ordered by an affirmative recorded vote of 54
or more Members.
Dec. 2, 2002              ASSEMBLY JOURNAL                               29
                        Messages From the Senate
     45. Messages from the Senate shall be delivered to the Chief Clerk
or an assistant, and shall be read and ordered printed in the Journal. The
Committee on Rules shall refer each bill to a committee, unless upon a
motion the Assembly, by an affirmative recorded vote of 41 or more
Members, refers it to some other committee. The action to refer a bill is
not debatable. The reference shall be entered in the Journal. Assembly
bills that have been passed without amendment by the Senate shall be
ordered to enrollment.
    An Assembly bill amended by the Senate shall be placed upon the
unfinished business file but shall not be eligible to be acted upon until
it is on the unfinished business file for one legislative day, except that
when the Assembly bill is placed upon the unfinished business file
during the last two legislative days preceding (1) the January 31 bill
passage deadline specified by Section 10 of Article IV of the California
Constitution, (2) the scheduled commencement of the interim study
recess, or (3) the scheduled commencement of the final recess as
specified by the Joint Rules of the Senate and Assembly, it may be acted
upon immediately.
           Presentation of Guests or Memorials in the Assembly
     45.5. These rules do not prohibit the Speaker or Speaker pro
Tempore from permitting the introduction of a special guest or guests. A
request that a session of the Assembly adjourn in memory of a person
shall be made in writing. The request shall be read by the presiding
officer immediately prior to adjournment.
                         A.   Bills and Resolutions
                                Bills Defined
    46. (a) The word ‘‘bill,’’ as used in these rules, includes a
constitutional amendment, a concurrent resolution, and a joint
resolution, except as otherwise specifically provided.
   (b) A concurrent resolution and a joint resolution, other than a
resolution ratifying proposed amendments to the United States
Constitution and a resolution calling for a constitutional convention,
shall be treated in all respects as a bill except as follows:
   (1) It shall be given only one formal reading.
   (2) It shall not be deemed a bill within the meaning of subdivision (a)
of Section 8 of Article IV of the California Constitution.
                    Introduction and Reference of Bills
    47. Each bill shall be signed by each Member who is an author or
coauthor of the bill before it is introduced. If any bill is introduced that
does not contain the signature of its author or coauthor, the bill, on
motion of the Member whose name appears thereon without that
signature, shall be stricken from the file by an affirmative recorded vote
of 41 or more Members. In each legislative session, on the first day
when bills are introduced under ‘‘Introduction and Reference of Bills,’’
the roll shall be called from A to Z and, as each Member’s name is
called, the Member may introduce one bill, constitutional amendment,
or concurrent or joint resolution. After this roll call, the preprint bills
shall be introduced in numerical order.
   After the introduction of preprinted bills, and subject to the
provisions of the Joint Rules of the Senate and Assembly, any Member
desiring to introduce a bill, constitutional amendment, or concurrent or
30                       ASSEMBLY JOURNAL                   Dec. 2, 2002
joint resolution may at any time during a session send the same to the
Chief Clerk’s desk.
   When received at the Chief Clerk’s desk it shall, under the proper
order of business, be numbered, read the first time, printed, and referred
to a standing committee, and a copy thereof shall be placed upon the
desk of each Member before final passage.
   All bills, constitutional amendments, and concurrent or joint
resolutions introduced before the standing committees of the Assembly
are appointed shall be referred to committee, the references to take
effect when the committees are appointed.
   Any committee may introduce a bill germane to any subject within
the proper consideration of the committee in the same manner as any
Member. A committee bill may not be introduced unless it contains the
signatures of a majority of all of the members, including the
chairperson, of the committee. If all of the members of a committee sign
the bill, at the option of the committee chairperson the committee
members’ names need not appear as authors in the heading of the
printed bill.
                   Bills Authored by a Former Member
    47.1. Whenever the author of a bill in the Assembly is no longer a
Member of the Legislature, upon a request of a committee or current
Member of the house in which the bill was introduced, the Assembly
Committee on Rules may authorize that committee or Member to be the
author of that bill. Absent that authorization, an action may not be taken
by a committee or the Assembly with respect to a bill authored by a
former Member.
                  Limitation on the Introduction of Bills
    49. (a) A Member may introduce not more than 40 bills in the
regular session.
   (b) This rule does not apply to a constitutional amendment, any type
of resolution, or a bill introduced by a committee pursuant to Rule 47.
   (c) This rule may be suspended with respect to a particular bill by
approval of the Committee on Rules.
                     Reference of Bills to Committee
    51. Except as otherwise provided in this rule, the Committee on
Rules shall refer each bill to a committee by a majority vote of the
membership of the committee, unless upon a motion the Assembly, by
an affirmative recorded vote of 41 or more Members, refer it to some
other committee. A motion to refer a bill is not debatable, except as to
the propriety of the motion, and it may not open the main question to
debate.
   The Committee on Rules may require that, if a bill is reported out of
the committee to which it has been referred, it shall be re-referred to
another committee that shares jurisdiction of the subject matter
of the bill.
                                Spot Bills
    51.5. A bill that upon introduction makes no substantive change in
or addition to existing law, and would not otherwise affect the ongoing
operations of state or local government, except a bill stating legislative
intent to make necessary statutory changes to implement the Budget
Bill, may not be referred to a committee by the Committee on Rules. If
Dec. 2, 2002              ASSEMBLY JOURNAL                               31
the author subsequently proposes to the Committee on Rules to make
substantive changes in the bill as introduced, the Committee on Rules
may refer the bill to a committee, together with the proposed changes
for consideration as author’s amendments. A vote on passage of the bill
may not be taken, however, until the bill with its amendments, if
adopted, has been in print for at least 15 days.
                      Delivery of Bills to State Printer
    52. After introduction and first reading, all bills shall be delivered
to the State Printer.
                    Introduction of House Resolutions
    53. All house resolutions shall be numbered and shall be referred
to the appropriate committee by the Committee on Rules.
   Each house resolution shall be signed by each Member who is an
author or coauthor of the house resolution before it is introduced.
                          Resolutions by Member
    54. A concurrent resolution or a house resolution may be
introduced relating to a present or former state or federal elected official
or a member of his or her immediate family. Other resolutions for
the purpose of commendation or congratulation of any person, group,
or organization, or for the purpose of expressing sympathy, regret,
or sorrow on the death of any person, shall be prepared as a
Rules Committee Resolution and presented to the committee for
appropriate action.
   The Committee on Rules may approve exceptions to this rule for
house resolutions. The Chief Clerk may not accept for introduction any
house resolution that is contrary to this rule unless it is accompanied by
the approval of the Committee on Rules.
                    B.   Standing Committee Functions
                         Standing Committee Rules
   55. Subject to the Joint Rules of the Senate and Assembly, the
Rules of the Assembly shall govern the conduct of all committee and
subcommittee meetings.
          Meetings of Standing Committees and Subcommittees
    56. All standing committees and subcommittees shall meet at the
hour and place provided by the schedule established by the Speaker,
unless permission for a different hearing time is granted by the Speaker.
A committee or subcommittee may not meet during any session of the
Assembly, nor may any Member of the Assembly attend a conference
committee meeting on any bill during any session of the Assembly
without first obtaining permission from the Assembly.
   When an unscheduled meeting of a standing committee or
subcommittee has been so ordered, the meeting shall convene in an area
that is readily accessible to the public and the Assembly shall take care
that every effort is made to inform the public that a meeting has been
called. An unscheduled meeting of a committee or subcommittee may
not be held in the Assembly Chamber.
   No bill may be set for hearing, nor may any notice thereof be
published by any Assembly committee or subcommittee, until the bill
has been referred to the committee or subcommittee. Nothing in this
paragraph shall prevent a committee or subcommittee from acting with
32                        ASSEMBLY JOURNAL                    Dec. 2, 2002
regard to a bill referred to it where the only action taken is to cause the
bill to be reported to the Assembly with the recommendation that
amendments be adopted and the bill be reprinted as amended and
re-referred to the committee or subcommittee.
   The several standing committees and subcommittees and their
chairpersons may adopt a procedure under which bills are scheduled for
hearing on the basis of like subject matter groupings.
                  Setting and Hearing Bills in Committee
     56.1. All bills referred to a standing committee pursuant to
Assembly Rule 51 shall be set and heard, if requested by the author, as
specified by the Joint Rules. If the analysis of an author’s amendment
that is subsequently adopted pursuant to Assembly Rule 68 discloses
that the amendment makes a substantial substantive change to the
original bill as referred by the Rules Committee, the bill as amended
shall either be set and heard by the committee having jurisdiction of the
bill as amended or re-referred to the Committee on Rules pursuant to the
Assembly Rules.
                           Committee Analyses
    56.5. Except as otherwise provided in this rule, each standing
committee and subcommittee shall prepare an analysis of every bill it
has set for hearing, which shall be available to the public in the office of
the committee or subcommittee one working day prior to the date on
which the hearing is to be held. In the case of a special meeting, or a
meeting of the Committee on Appropriations or the Committee on
Budget, or their subcommittees, the analysis shall be available to the
public at the beginning of the hearing. No question concerning a
committee’s compliance with this rule with regard to any bill shall be in
order following a vote on passage of the bill in that committee. As used
in this rule, a ‘‘working day’’ is any day on which a house file is
published.
   A copy of each committee analysis shall be transmitted by the
committee secretary to the Assembly Floor Analysis Unit at the same
time it is made available to the public.
                 Committee Consultants:    Floor Analyses
    56.6. Except as otherwise provided in this rule, the consultants of
a standing committee or subcommittee are responsible for monitoring
bills assigned to their respective committee or subcommittee throughout
the entire legislative process. Except for resolutions and bills on the
Consent Calendar, a consultant of the appropriate standing committee
shall prepare, in a timely fashion, an analysis of every bill on third
reading or the unfinished business file, and of any amendment to a bill
that is on the Assembly floor, as directed by the Assembly Floor
Analysis Unit.
   The committee consultant who prepares the analysis shall transmit a
copy of the completed analysis to the Assembly Floor Analysis Unit.
The Assembly Floor Analysis Unit is responsible for final editing for
grammar and format of all floor analyses.
Dec. 2, 2002             ASSEMBLY JOURNAL                              33
                            Consent Calendar
    56.7. If the chairperson of a committee or subcommittee, in
advance of a hearing, proposes to recommend any bills for
consideration on the Consent Calendar without hearing testimony on
those bills in committee, a list of those bills shall be made available to
the public at the same time as the committee analysis required under
Rule 56.5.
                           Committee Quorum
    57. Except as otherwise provided in this rule, a majority of the
membership of any standing committee constitutes a quorum for the
transaction of its business, including the decision to recommend the
adoption of any amendments to any bill. A majority of the membership
of the committee, or a subcommittee thereof, is required to report a bill
out of the committee or subcommittee, respectively. Any vacancy on a
standing committee shall not reduce the votes required to take action on
a bill in that committee.
   Whenever a member is disqualified pursuant to Joint Rule 44 or the
Political Reform Act of 1974 (Title 9 (commencing with Section 81000)
of the Government Code) from voting or taking any other action related
to the passage, defeat, or amendment of a bill in committee, that
disqualification shall be treated the same as a vacancy. The member
shall advise the chairperson of a disqualification, and the chairperson
shall announce which members are so disqualified at the
commencement of the hearing on the bill.
                            Reconsideration
    57.1. After a committee has voted on a bill, reconsideration may
be granted only one time. Pursuant to subdivision (a) of Joint Rule 62,
reconsideration may be granted within 15 legislative days or prior to the
interim study joint recess, whichever occurs first. A vote on
reconsideration may not be taken without the same notice required to set
a bill for hearing unless that vote is taken at the same meeting at which
the vote to be reconsidered was taken and the author is present. An
action taken by a committee may not be reconsidered except by a
majority vote of the membership of the committee.
                    Bills Reported Back to Assembly
    58. All committees shall act upon bills referred to them as soon as
practicable, and when acted upon each bill shall be reported back to the
Assembly forthwith; the chairperson of each committee is charged with
the observance of this rule. The chairperson of each committee shall,
insofar as practicable, report back bills in the same order as they were
acted upon by the committee.
                      Appropriations Suspense File
     58.2. The Committee on Appropriations may maintain a suspense
file, to which bills may be referred by vote of a majority of the members
of the committee present and voting, pending further consideration by
the committee. A bill may be taken off the suspense file and heard, upon
two days’ notice published in the file, by a vote of a majority of the
members of the committee present and voting. A bill removed from the
suspense file for the purpose of amendment only, pursuant to Rule 68,
shall be re-referred to the committee and shall be placed on the suspense
file pending further consideration by the committee.
34                        ASSEMBLY JOURNAL                   Dec. 2, 2002
                           Voting in Committee
    58.5. When a standing committee or subcommittee takes action on
a bill, including reconsideration, the vote may be by roll call vote only.
All roll call votes taken in a standing committee or subcommittee shall
be recorded by the committee secretary on forms provided by the Chief
Clerk of the Assembly. The record of a roll call vote shall show, for each
proposal voted upon: all votes for and against, all members absent, and
all members not voting. The chairperson of each standing committee or
subcommittee shall promptly transmit a copy of the record of the roll
call votes to the Chief Clerk of the Assembly, who shall cause the votes
to be published in an appendix to the Journal on a monthly basis.
   The committee secretary of each standing committee or
subcommittee shall promptly transmit a copy of the record of the roll
call votes to the Assembly Floor Analysis Unit.
   A member may submit a written explanation of his or her vote,
absence, or failure to vote on any bill or resolution, and that explanation
shall be printed in the appendix to the Journal in the appropriate place,
provided that no explanation may exceed 50 words in length.
   At the request of the author or any member of the committee, the
committee shall hold the roll open on any Assembly bill until the
adjournment of the committee meeting. At no time may a bill be passed
out by a committee without a quorum being present.
   This rule does not apply to any of the following:
   (a) Adoption of author’s amendments to a bill.
   (b) Withdrawal of a bill from a committee calendar at the request of
an author.
   (c) Return of bills to the house where the bills have not been voted on
by the committee.
   (d) Votes of subcommittees of the Committee on Budget when
considering the Budget Bill.
   (e) Votes of the Committee on Rules when referring bills to
committees.
          Subject Matter of Bill Recommended for Interim Study
    59. Whenever it is the decision of a standing committee that a bill
referred to that committee shall not be given a do-pass recommendation,
but that the subject matter of the bill should be referred for study, that
standing committee shall retain the bill in its possession and report its
recommendation to the Assembly that the subject matter of the bill be
referred to the Committee on Rules for that committee’s assignment of
the subject matter to an appropriate committee.
   Nothing in this rule shall be construed to prohibit a committee from
subsequently reporting the bill to the Assembly with a do-pass or
do-pass as amended recommendation or from reporting it out of
committee without further action on the final day of the session.
                    Committee Chairperson as Author
    60. A chairperson of a standing committee may not preside at a
committee hearing to consider a bill of which he or she is the sole author
or the lead author, except that the Chairperson of the Committee on
Budget may preside at the hearing of the Budget Bill by the Committee
on Budget.
Dec. 2, 2002              ASSEMBLY JOURNAL                               35
                          Reports of Committees
    61. Specially prepared reports of standing and special committees
shall be delivered to the Chief Clerk or an assistant, and shall be read
and ordered printed in the Journal unless otherwise ordered by the
Speaker or a majority vote of the Members present and voting.
  When a report of a joint legislative committee is delivered to the
Assembly Desk, the Speaker shall refer it to a standing committee for
review and appropriate action.
                       Constitutional Amendments
    62.5. All constitutional amendments shall be referred to the policy
standing committee having jurisdiction of that subject matter and, upon
being reported out of that committee, shall be re-referred to the
committee having constitutional amendments within its jurisdiction.
                           C.   Passage of Bills
                                 Daily File
    63. There shall be printed an Assembly Daily File for each
legislative day. The following listing shall constitute the order of
business on the Daily File:
   1. Special Orders of the Day
   2. Second Reading, Assembly Bills
   3. Second Reading, Senate Bills
   4. Unfinished Business
   5. Third Reading, Assembly Bills
   6. Third Reading, Senate Bills
   All bills on the Daily File shall be called for consideration, provided
that Rule 58 has been complied with in the order of their listing, unless
otherwise ordered by unanimous consent or an affirmative recorded
vote of two thirds of the Members present. All scheduled committee
hearings, together with the list of bills to be heard, shall be published in
the Daily File.
                    Copies of Bills for Action on Floor
    64. A bill may not be considered or acted upon on the floor of the
Assembly unless and until a copy of the bill as introduced, and a copy
of each amended form of the bill, has been distributed to the desk of
each Member in hard copy or in portable document format (PDF) via
computer.
                         Second Reading of Bills
    66. All bills shall be read by title the second time in the order of
their appearance upon the second reading file. Upon second reading,
Assembly bills reported without amendments shall be ordered
engrossed, and Senate bills reported without amendments shall be
ordered to third reading. All bills reported out of committee shall be
placed on the second reading file for the next legislative day, and may
not be read a second time until the next legislative day under that order
of business. As used in this rule, ‘‘bill’’ does not include a joint or
concurrent resolution, but does include a constitutional amendment.
36                        ASSEMBLY JOURNAL                    Dec. 2, 2002
                Bills Requiring General Fund Appropriation
    66.6. Until the Budget Bill has been enacted, the Assembly may
not send to the Governor for consideration any bill appropriating funds
for expenditure during the fiscal year for which the Budget Bill is to be
enacted, except emergency bills recommended by the Governor or
appropriations for the salaries and expenses of the Legislature.
                          Passage of Budget Bill
    66.7. (a) A subcommittee of the Committee on Budget may not
meet until the Chairperson of the Committee on Budget establishes in
writing the General Fund appropriations limit for each subcommittee.
   (b) Between the date upon which a committee on conference of the
Budget Bill is appointed and the date the Assembly adopts the report of
the conference committee, the Chairperson of the Committee on Budget
shall provide weekly written reports to the Members on the progress of
the conference committee deliberations. The weekly report shall detail
all major resolved and outstanding issues before the conference
committee on the Budget Bill.
   The Budget Bill may not be voted upon on the floor of the Assembly
unless it does all of the following:
   (1) Balances expenditures with anticipated revenues.
   (2) Provides for a General Fund reserve of not less than 3 percent of
the total of all General Fund appropriations made in the Budget Bill for
the fiscal year, or provides for a reserve of not less than 1 percent and a
specific plan to phase in a reserve of at least 3 percent within three years.
The percentage of the General Fund reserve shall be calculated by
dividing the reserve of the General Fund by estimated revenues of the
General Fund for the fiscal year. The phase-in plan shall be contained in
another bill or in a section of the Budget Bill and shall have detail
sufficient to instruct future sessions of the Legislature regarding the
manner in which the 3 percent reserve requirement is to be met.
   (3) Is based upon no external borrowing by the state other than
borrowing that the enacted Budget Bill or other statute would require to
be repaid during that fiscal year.
                         Committee Amendments
    67. Committee amendments reported with bills shall be
considered upon their second reading, and the amendments may be
adopted by majority vote of the Members present and voting. Assembly
and Senate bills amended on second reading by committee amendment
shall be ordered reprinted and returned to the second reading file.
Assembly bills so amended shall be engrossed after printing.
   Committee amendments reported with bills shall be prepared, or
approved as to form, by the Legislative Counsel. Five copies of the
committee amendments to Assembly bills and five copies of the
committee amendments to Senate bills shall be delivered to the Chief
Clerk’s desk.
   The Chief Clerk shall cause to be transmitted to the Assembly Floor
Analysis Unit a copy of each committee report and committee
amendment, unless the committee report or committee amendment is
relative to a joint, concurrent, or house resolution.
   Adoption of amendments to any bill in the Assembly prior to third
reading, other than by a roll call, shall not preclude subsequent
consideration in committee, or on the third reading by the Assembly, of
the bill, those amendments, or any part thereof.
Dec. 2, 2002              ASSEMBLY JOURNAL                                37
                           Author’s Amendments
    68. Upon request of the author of a bill, the chairperson of the
committee to which the bill has been referred may, by his or her
individual action taken independently of any committee meeting, cause
the bill to be reported to the Assembly with the recommendation that
amendments submitted by the author be adopted and the bill be
reprinted as amended and re-referred to the committee.
   Notwithstanding any other rule, a bill to be amended pursuant to this
rule may not be placed on the second reading file for the adoption of
those amendments.
                    Vote on Passage of Bill as Amended
    68.5. Except as otherwise provided in this rule, a vote on passage
of any bill in a standing committee or subcommittee shall be taken only
when the bill is in print, including any previously adopted amendments
to the bill. A vote on passage of an amended bill, when the amended
form of the bill is not in print, may be taken only if the sole effect of the
amendment is to add coauthors to the bill or if the committee determines
that the effect of the amendment upon the bill can be readily understood
by all of the members and audience present at the hearing. In that
circumstance, any member may require that the amendments be in
writing at the time of their adoption.
                    Bill Analysis Prior to Third Reading
    68.6. A bill, concurrent resolution, or joint resolution may not be
considered on third reading unless and until an analysis of the measure
has been distributed by the Assembly Floor Analysis Unit and placed
upon the desks of the Members, unless otherwise ordered by
the Speaker.
             Analysis of Conference Committee Amendments
    68.7. A report of a conference committee on any bill, other than
the Budget Bill, that recommends the substantive amendment of a bill
may not be considered unless and until an analysis of the proposed
amendment has been distributed by the Assembly Floor Analysis Unit
and placed upon the desks of the Members, unless otherwise ordered by
the Speaker.
                Printing of Conference Committee Reports
    68.8. A conference report may not be heard by the Assembly until
it has been in print for two days prior to being taken up by the house.
           Conference Committee:      Substantial Policy Change
     68.9. (a) A conference committee on any bill, other than the
Budget Bill or a bill that is making statutory changes to implement the
Budget Bill, may not approve any substantial policy change in any bill
if that substantial policy change has been defeated in a policy committee
of the Assembly within the current legislative session. For purposes of
this rule, the most recent action of a policy committee with regard to a
substantial policy change is deemed the only action taken when the
policy committee has taken inconsistent actions with respect to a
substantial policy change.
    (b) For purposes of subdivision (d) of Joint Rule 29.5, the term
‘‘heard’’ means that a printed bill with substantially similar language
was before the appropriate committee and taken up at a regular or
special hearing of the committee during the current legislative session;
38                        ASSEMBLY JOURNAL                   Dec. 2, 2002
or that an amendment, which was drafted and given a request number or
approved as to form by the Legislative Counsel, was before the
committee and taken up at a regular or special hearing of the committee.
                       Amendments From the Floor
    69. (a) Any Member may move to amend a bill during its second
or third reading, and that motion to amend may be adopted by a majority
vote of the Members present and voting.
   Amendments to a bill offered from the floor, except committee
amendments reported with bills, amendments offered with a motion to
amend and re-refer a bill to committee, amendments deleting any
number of words, or amendments previously printed in the Journal, are
not in order unless and until a copy of the proposed amendments has
been placed upon the desks of the Members. A copy of a bill that has
been amended only to add coauthors to the bill is not required to be
placed upon the desks of the Members if both the Speaker and Minority
Leader grant an exemption.
   Amendments offered from the floor during a bill’s second or
third reading shall be prepared, or approved as to form, by the
Legislative Counsel.
   Before debate five copies of the proposed amendment to Assembly
bills, and five copies of the proposed amendments to Senate bills, shall
be delivered to the Chief Clerk’s desk. One copy of the proposed
amendment shall be transmitted by the Chief Clerk to the Assembly
Floor Analysis Unit. Bills so amended upon second or third reading
shall be reprinted and re-engrossed. The Chief Clerk shall order printed
as many copies of all amended bills as he or she may determine to be
necessary.
   (b) (1) Amendments from the floor during a bill’s second or third
reading that would make a substantive change in the bill shall be
submitted to the Chief Clerk’s desk by 5:00 p.m. or the time of
adjournment, whichever is later, the business day before the start of
session on the legislative day at which they are to be considered.
   (2) Upon receipt of the proposed amendments by the Chief Clerk, an
analysis shall be prepared by the committee of origin in conjunction
with the Assembly Floor Analysis Unit, and a copy of that analysis shall
be distributed to each Member’s desk prior to the beginning of debate on
adoption of the proposed amendments, unless otherwise ordered by
the Speaker.
   (3) As used in this subdivision, ‘‘bill’’ does not include a joint or
concurrent resolution, but does include a constitutional amendment.
   (c) Paragraph (1) of subdivision (b) does not apply to (1)
amendments to a bill taken up without reference to file, (2) amendments
to a bill to add or delete an urgency clause, (3) amendments to a bill that
are identical to other amendments submitted to the Chief Clerk’s desk in
accordance with the requirements of this rule, (4) amendments to the
Budget Bill or to a bill that is making statutory changes necessary to
implement the Budget Bill, or (5) amendments to a bill to make the bill
contingent upon the enactment of another bill, or to incorporate one or
more statutory amendments proposed in another bill to avoid
superseding those amendments.
   (d) Any bill amended on the second or third reading file shall be
ordered reprinted and returned to the third reading file, and may not be
acted on by the Assembly until the bill, as amended, has been on the
Dec. 2, 2002               ASSEMBLY JOURNAL                             39
Daily File for one calendar day. This subdivision does not apply to a bill
that is amended to add or delete an urgency clause or to a bill that is
amended to make statutory changes to implement the Budget Bill.
   (e) A motion to amend a bill on the second or third reading file, other
than committee amendments reported pursuant to Rule 57, is not in
order on (1) the last two legislative days preceding the January 31 bill
passage deadline specified by Section 10 of Article IV of the California
Constitution or (2) the last three legislative days preceding the
scheduled commencement of the interim study recess or the scheduled
commencement of the final recess as specified by the Joint Rules of the
Senate and Assembly. Paragraph (2) may be suspended temporarily by
two-thirds vote of the Members present and voting. This subdivision
does not apply to amendments to a bill to add or delete an urgency
clause, or to incorporate one or more statutory amendments proposed in
another bill to avoid superseding those amendments.
                 Consideration of Political Reform Act Bills
     69.1. Pursuant to Section 81012 of the Government Code, any bill
that would amend the Political Reform Act of 1974 (Title 9
(commencing with Section 81000) of the Government Code) may not
be passed until, 12 days prior to being considered for passage, the bill in
its final form has been delivered by the Chief Clerk to the Fair Political
Practices Commission for distribution to the news media and to every
person who has requested the commission to send a copy of any such
bill to him or her.
                     Electronic Distribution of Bills,
             Conference Reports, Amendments, and Analyses
    69.5. Any requirement that bills, conference reports, amendments,
or an analysis be placed on the desks of the Members is satisfied by
electronic distribution of the same information in portable document
format (PDF) via computer to the desk of the Members through the
Assembly Floor System, unless otherwise ordered by the Speaker.
               Consideration of Bills Re-referred to Committee
    70. Whenever a bill that has been amended and re-referred to
committee is reported out by that committee, it shall be placed on the
second reading file and may not be transferred therefrom to the third
reading file until the following day.
                             Uncontested Bills
    71. A bill may not be placed on the Assembly Consent Calendar
unless it has met the requirements of Joint Rule 22.1 with respect to each
Assembly standing committee to which the bill has been referred.
            Consideration of Concurrent and Joint Resolutions
    73. A concurrent or joint resolution may be amended by a majority
vote of the Members present and voting. The ayes and noes may not be
called upon the adoption of concurrent resolutions, except those
authorizing expenditures of money, unless regularly demanded, or
required by statute or the California Constitution.
40                        ASSEMBLY JOURNAL                    Dec. 2, 2002
                         Adoption of Resolutions
   74. Any resolution upon which a roll call vote is demanded
requires an affirmative recorded vote of 41 or more Members for
adoption.
  The adoption of any resolution authorizing the expenditure of money
requires an affirmative recorded vote of 41 or more Members.
                          Printing of Resolutions
    75. When any previously printed house resolution is before the
Assembly for adoption, it may be printed in the Journal only if
amendments to it have been adopted, in which case it shall be printed as
amended. In the absence of those amendments, house resolutions before
the Assembly for adoption shall be referred to by day and page of the
Journal as printed upon introduction. For the purposes of this rule, the
adding of a coauthor shall not be deemed an amendment.
                   Concurrence in Senate Amendments
    77. Concurrence in any Senate Amendment to an Assembly bill
requires the same affirmative recorded vote as the vote required by the
California Constitution for the passage of the bill. A vote on
concurrence may not be taken until the bill has been on the unfinished
business file for one calendar day, except that when the bill is placed
upon the unfinished business file during the last two legislative days
preceding (1) the January 31 bill passage deadline specified by
Section 10 of Article IV of the California Constitution, (2) the scheduled
commencement of the interim study recess, or (3) the scheduled
commencement of the final recess as specified by the Joint Rules of the
Senate and Assembly, it may be acted upon immediately. The vote on
concurrence shall be deemed the vote upon final passage of the bill.
   Senate amendments to Assembly bills may not be concurred in unless
and until an analysis of the measure has been distributed by the
Assembly Floor Analysis Unit and a copy placed upon the desks of the
Members, unless otherwise ordered by the Speaker. As used in this rule,
‘‘bill’’ does not include a joint or concurrent resolution, but does include
a constitutional amendment.
                    Digest of Bills Amended in Senate
    77.1. Whenever the Senate amends and passes an Assembly bill,
the Legislative Counsel shall, within one day after the bill is passed by
the Senate, prepare and transmit to the Chief Clerk and the Speaker a
brief digest summarizing the effect of the Senate amendment. Upon
receipt from the Legislative Counsel, the Chief Clerk shall cause the
digest to be printed in the Daily File immediately following any
reference in the file to the bill covered by the digest.
                       Substantially Amended Bills
    77.2. If the analysis of an amendment adopted on the floor
discloses that the amendment makes a substantial substantive change to
a bill as passed by the last committee of reference, the bill, as amended,
may be referred by the Speaker to the appropriate committee.
   A bill that was previously reported from a policy or fiscal committee
of reference in compliance with Joint Rule 61 is not subject to the
deadlines in Joint Rule 61 if the bill is subsequently referred to a policy
or fiscal committee pursuant to this rule.
Dec. 2, 2002                   ASSEMBLY JOURNAL                           41
   If the digest to an Assembly Bill that has been returned to the
Assembly by the Senate for concurrence in Senate amendments
discloses that the Senate has made a substantial substantive change in
the bill as first passed by the Assembly, the bill may be referred by the
Speaker to the appropriate committee.
                                   Inactive File
     78. Whenever a bill has been passed twice on the third reading file
on two successive legislative days, it shall be placed forthwith upon a
special file to be known as the inactive file. A bill also may be placed on
the inactive file at the request of the author. When a bill has been placed
on the inactive file, it may be returned to the third reading file by request
of the author. Notice of the request to return the bill to the third reading
file shall be published one day in advance in the Assembly File. The bill,
when returned to the third reading file, shall then be placed at the foot of
the third reading file.
   When a bill, placed on the inactive file from the second reading file
or the unfinished business file, is removed from the inactive file, it shall
be returned to the foot of the second reading file or the unfinished
business file, respectively, in the next published Daily File.
                         Engrossing and Enrolling Bills
    79. The Engrossing and Enrolling Clerk shall engross and enroll
all bills that come to his or her hands for that purpose, in compliance
with the provisions of Section 9503 of the Government Code, and in the
order of time in which the same shall be acted upon by the Assembly.
   After final passage by both houses, any Assembly bill not amended
by the Senate shall be ordered by the Speaker forthwith to be enrolled,
as provided in Sections 9508 and 9509 of the Government Code. The
Chief Clerk shall report both the day and hour each enrolled bill is
presented to the Governor, which report shall be entered in the Journal.
                   VI.    PARLIAMENTARY PROCEDURE
                          A.    Motions and Questions
                   Precedence of Motions During Debate
    80. When a question is under debate or before the Assembly, no
motions shall be received but the following, which shall take
precedence in the order named:
  First—To adjourn;
  Second—To recess to a time certain;
  Third—To lay on the table;
  Fourth—For the previous question;
  Fifth—To set as a special order;
  Sixth—To postpone indefinitely;
  Seventh—To refer to or to re-refer;
  Eighth—To amend.
                Questions of Order Decided Without Debate
   81. All incidental questions of order, arising after a motion is
made for any of the questions named in Rule 80 and pending that
motion, shall be decided by the Speaker without debate, whether on
appeal or otherwise.
42                        ASSEMBLY JOURNAL                   Dec. 2, 2002
                  Appeal From Decision of the Speaker
    82. Any Member may appeal from a decision of the Speaker
without waiting for recognition by the Speaker, even though another
Member has the floor. An appeal is not in order when another is
pending, or when other business has been transacted by the Assembly
prior to the appeal being taken. Upon the appeal being seconded, the
Speaker may give his or her reasons for the decision, and the Member
making the appeal may give his or her reasons for the appeal, and the
Speaker forthwith shall put one of the following questions to the
Assembly:
   (1) ‘‘Shall the decision of the Speaker be sustained?’’
   (2) ‘‘Shall the decision of the Speaker be overruled?’’
   An appeal may not be amended and yields only to a motion to recess
or adjourn, or to lay on the table, or a question of personal privilege. If
an appeal is laid on the table, that action shall have no effect on the
pending question.
   An appeal may not be debated when relating to indecorum, the
transgression of rules, or the priority of business. A majority vote of the
Members present and voting decides any appeal. In the event of a tie
vote, the appeal is lost.
                   Speaker Explains Order of Business
   83. The Speaker may, on his or her own motion or the motion of
any Member, explain the order of business when the motion pending
before the Assembly is not debatable. That explanation may not
consume more than two minutes.
                                To Adjourn
    84. A motion to adjourn is not debatable and may not be amended,
and is always in order, except: (a) when another Member has the floor;
(b) when the Assembly is voting; or (c) during a call of the Assembly.
The name of any Member moving an adjournment, and the hour at
which the motion was made and adjournment taken, shall be entered in
the Journal. A motion to adjourn shall be adopted by a majority vote of
the Members present and voting.
   When a motion to adjourn is made and seconded, it shall be in order
for the Speaker, before putting the question, to permit any Member to
state to the Assembly any fact relating to the condition of the business
of the Assembly which would seem to render it improper or inadvisable
to adjourn. That statement may not occupy more than two minutes and
is not debatable.
   An affirmative recorded vote of a majority of the duly elected and
qualified Members is required to adjourn any session of the Assembly
sine die.
                       To Recess to a Time Certain
    85. A motion to recess to a time certain is treated the same as a
motion to adjourn, except that the motion is debatable when no business
is before the Assembly, and can be amended as to the time and duration
of the recess. It yields only to a motion to adjourn.
Dec. 2, 2002             ASSEMBLY JOURNAL                              43
                           To Lay on the Table
    86. A motion to lay on the table is not debatable and may not be
amended.
   A motion to table a bill, constitutional amendment, or concurrent or
joint resolution is adopted by an affirmative recorded vote of 41 or more
Members.
   Any motion to lay on the table, if carried by 41 or more votes, carries
with it the main question and everything that adheres to it, except that a
motion to lay an amendment on the table, if adopted, does not carry with
it a bill, constitutional amendment, or concurrent, joint, or house
resolution.
   A motion to lay an amendment on the table is adopted by a majority
vote of the Members present and voting.
   A motion to lay on the table may not be applied with respect to
reconsideration.
                         The Previous Question
    87. The previous question shall be put only when demanded by
five Members, and its effect, when sustained by a majority vote of the
Members present and voting, shall be to put an end to all debate and
bring the Assembly to a vote only on the question then pending, except
that the proponent of the matter pending shall be allowed not more than
five minutes to close the debate.
                       Motion to Set Special Order
    88. A motion to set any matter before the Assembly as a special
order of business is adopted by an affirmative recorded vote of 54 or
more members. The motion is debatable only as to the propriety of
setting the main question as a special order of business, and may be
amended only as to the time.
                  Motion to Postpone to a Time Certain
    89. A motion to postpone to a time certain is deemed and treated
as a motion to set as a special order.
                     Motion to Postpone Indefinitely
    90. The making of a motion to postpone indefinitely any bill,
motion, or amendment opens the main question to debate. If the motion
to postpone indefinitely prevails by an affirmative recorded vote of 41
or more Members, the main question may not be acted upon again
during the session.
                            Motion to Amend
    91. A motion to amend may itself be amended, but an
‘‘amendment to an amendment’’ may not be amended. A motion to
substitute is deemed to be a motion to amend and is considered the same
as an amendment.
   Only one substitute is in order when an amendment is pending. A
motion to amend or to substitute is debatable, except where the main
question to be amended is not debatable. Any motion to amend may be
adopted by a majority vote of the Members present and voting.
   A motion to amend that is decided in the negative is not again in order
on the same day, or at the same stage of proceeding. The fact that a
motion to amend by striking out certain words is decided in the negative
44                       ASSEMBLY JOURNAL                   Dec. 2, 2002
does not preclude a motion to amend by adding words, or a motion to
amend by striking out and inserting words, except that in no case may a
further amendment be substantially the same as the one rejected.
   Subject to the above provisions of this rule and Rule 69, a motion to
amend is in order during the second or third reading of any bill.
                       Amendment To Be Germane
     92. An amendment to any bill, other than a bill stating legislative
intent to make necessary statutory changes to implement the Budget
Bill, whether reported by a committee or offered by a Member, is not in
order when the amendment relates to a different subject than, is intended
to accomplish a different purpose than, or requires a title essentially
different than, the original bill.
   A motion or proposition on a subject different from that under
consideration may not be admitted as an amendment.
   An amendment is not in order that changes the original number of
any bill.
   A Member may not be added or deleted as an author or coauthor of a
bill or resolution without his or her consent.
                        Consideration of Motions
    93. A motion, whether oral or written, may not be adopted until it
is seconded and distinctly stated to the Assembly by the Speaker.
                            Motions in Writing
    94. Upon request of the Speaker, all motions shall be reduced to
writing and shall be read to the Assembly by the Speaker before being
acted upon.
                         Withdrawal of Motions
    95. After a motion is stated by the Speaker, or a bill, resolution, or
petition is read by the Chief Clerk, it is in the possession of
the Assembly.
                   Motion to Withdraw or Re-refer Bills
    96. (a) A motion to withdraw a bill or resolution from committee,
or to re-refer a bill or resolution from one committee to another
committee, may be made during the regular order of business. A motion
to re-refer may be debated only as to the propriety of the reference, and
shall require an affirmative recorded vote of 41 or more Members.
   (b) A bill or resolution may not be withdrawn from committee and
placed upon the file, unless a motion to withdraw has been heard by, and
has been approved by a majority vote of, the Committee on Rules. This
subdivision does not apply to a bill in a fiscal committee that has been
amended so as not to require its reference to a fiscal committee, as
indicated by the Legislative Counsel’s Digest.
   (c) A motion to continue a motion to withdraw a bill or resolution
from committee requires a majority of those members present and
voting. A motion to withdraw a motion to withdraw is not in order.
                    Re-reference of Measures on File
    97. A motion to re-refer a bill or resolution that is on the Assembly
Daily File to committee may be made during the regular order of
business. The motion is debatable only as to the propriety of
that reference and shall require an affirmative recorded vote of 41 or
more Members.
Dec. 2, 2002              ASSEMBLY JOURNAL                              45
                         Bills Stricken From File
    98. A motion to strike from the file any bill or resolution requires
an affirmative recorded vote of 41 or more Members. That bill or
resolution may not be acted upon again during the session.
               Motion to Rescind Action or Expunge Record
    99. Previous to the approval of the Journal by the Assembly, any
action may be rescinded and its record ordered expunged by the
affirmative recorded vote sufficient to take that action originally, except
that an action may not be rescinded and the record expunged by a vote
less than an affirmative recorded vote of 41 or more Members. A motion
to rescind the action and expunge the record may not be made twice on
the same proposition.
   A motion to rescind is not in order on any matter upon which a vote
to reconsider has previously been taken in the Assembly.
   Whenever any action of the Assembly is rescinded and its record
ordered expunged, the record of the action expunged may not appear in
any form whatsoever, except that the record of the proceedings on the
motion to rescind and expunge shall appear in the Journal as and
when printed.
                         Reconsideration of Vote
   100. (a) A motion to reconsider a vote on the next legislative day
shall be made on the same day the vote to be reconsidered was taken. A
motion to reconsider may not adopted unless it receives an affirmative
recorded vote of 41 or more Members. A motion to reconsider may be
voted on without a second.
   A motion to reconsider a vote shall be made by a Member voting on
the question, and takes precedence over all motions, except a motion to
adjourn. Upon that motion being made, the matter to be reconsidered
forthwith shall be placed upon the unfinished business file, and further
action may not be taken prior to the next legislative day. When a motion
to reconsider has once been made, the motion is the property of the
Assembly. When reconsideration is granted, the matter to be
reconsidered shall be before the Assembly in the same status it had prior
to the vote being reconsidered.
   (b) (1) Interim Study Recess:
   No motion to reconsider the vote whereby amendments are concurred
in on Assembly bills, the vote whereby a Senate bill is passed and
returned to the Senate, or the vote whereby a conference committee
report is adopted is in order on the last two legislative days preceding
the interim study recess.
   A motion to reconsider the vote whereby amendments are refused
concurrence on Assembly bills, the vote whereby Senate bills are
refused passage, or the vote whereby a conference committee report is
refused adoption is in order on the last legislative day preceding the
interim study recess. The motion may be taken up before the end of that
legislative day.
   As used in this paragraph, ‘‘bill’’ does not include a joint or
concurrent resolution.
   (2) January 31—Even-numbered Year:
   A motion to reconsider the vote whereby an Assembly bill is passed
to the Senate is not in order on the last two legislative days preceding
January 31 of the even-numbered year.
46                         ASSEMBLY JOURNAL                    Dec. 2, 2002
   A motion to reconsider the vote whereby an Assembly bill is refused
passage on its third reading is in order on the last legislative day
preceding January 31 of the even-numbered year. The motion must be
taken up before the end of that legislative day.
   As used in this paragraph, ‘‘bill’’ does not include a Senate bill, a
constitutional amendment, or a joint or concurrent resolution.
   (3) Spring or Summer Recess:
   A motion to reconsider the vote whereby a bill is passed is not in order
on the last two legislative days preceding the Spring or Summer Recess
as established by the Joint Rules of the Senate and Assembly.
   (4) Deadline for Passage by House:
   A motion to reconsider the vote whereby an Assembly bill is passed
to the Senate is not in order on the last two legislative days preceding the
last day for the Assembly to pass a bill introduced in the Assembly, as set
forth in the Joint Rules of the Senate and the Assembly.
   As used in this paragraph, ‘‘bill’’ does not include a Senate bill, a
constitutional amendment, or a joint or concurrent resolution.
   (5) Final Recess:
   A motion to reconsider the vote whereby a bill is passed is not in order
on the last two legislative days preceding the final recess.
   A motion to reconsider the vote whereby a bill is defeated is in order
on the day of the final recess. The motion must be taken up before the
end of that legislative day.
   (c) Any Member voting on any matter may move to take up on the
same day the motion, previously made by another Member, to
reconsider the vote on that matter. A motion to take up on the same day
a motion to reconsider the vote on a bill requires an affirmative recorded
vote of at least 41 Members. A motion to take up on the same day a
motion to reconsider the vote on any motion, amendment, Assembly
resolution, or proposition other than a bill requires an affirmative vote of
a majority vote of the Members present and voting. The motion to take
up the reconsideration on the same day takes precedence over the
motion to reconsider and, upon demand of any Member, the motion to
take up the reconsideration on the same day shall be put to an immediate
vote. If the motion to take up the reconsideration on the same day is
adopted, the motion to reconsider is the next order of business before the
Assembly.
   (d) A second motion to reconsider the same question is not in order,
nor is a motion to reconsider reconsideration in order.
   (e) A motion to continue a motion to reconsider requires a majority
vote of those Members present and voting.
                              Call of Assembly
   101. After the roll has been called, and prior to the announcement
of the vote, any Member may move a call of the Assembly. The
Members present may order a call of the Assembly by a majority vote of
the Members present and voting, and the Speaker shall immediately
order the Sergeant at Arms to lock all doors and direct the Chief Clerk
to prepare a list of absentees as disclosed by the last roll call. The list of
absentees shall be furnished to the Sergeant at Arms, whereupon no
Members shall be permitted to leave the Assembly Chamber except by
written permission of the Speaker, and a person may not be permitted to
enter except Members, Senators, or officers, or employees of the
Legislature in the official performance of their duties.
Dec. 2, 2002             ASSEMBLY JOURNAL                             47
   Each Member who is found to be absent, and for whom a leave of
absence has not been granted, shall be forthwith taken into custody
wherever found by the Sergeant at Arms, his or her assistants, or any
person designated by the Sergeant at Arms, including members of the
California Highway Patrol, and sheriffs or their deputies, and brought to
the Assembly Chamber.
   A recess or adjournment may not be taken during a call of the
Assembly. Additional business may be conducted and calls placed
regardless of the number of calls in effect. A call of the Assembly may
be dispensed with at any time upon a majority vote of the Members
present, that action to become effective upon the completion of the roll
call and the announcement of the vote upon the matter for which the call
was ordered, unless, prior to the announcement of the vote, the call is
continued by a majority vote of the Members present.
                          Division of Question
  102. Any Member may call for a division of the question, and the
Speaker shall order the question divided if it comprehends propositions
in substance so distinct that, one being taken away, a substantive
proposition would remain for the decision of the Assembly. This rule
does not apply to an individual bill or resolution.
                               B.   Voting
                            Members Voting
   104. Every Member in the Assembly Chamber when a roll call is
required shall record his or her vote openly and without debate, unless
the Assembly excuses that member by a majority vote of the Members
present and voting.
   A Member may not operate the voting switch of any other Member,
except that a Member presiding at the time of a roll call, who is not the
Speaker or the Speaker pro Tempore, may direct another Member on the
floor to operate the voting switch of the presiding Member, and any
Member so presiding, including the Speaker and the Speaker pro
Tempore, may also operate the voting switches at the rostrum of the
Speaker and the Speaker pro Tempore, at their direction.
   The name of any Member who refuses to vote as required by this rule,
after being requested by the Speaker to do so, shall be entered in the
Journal, together with a statement that he or she was present and did so
refuse to vote. Any Member who refuses so to vote may, if he or she so
desires, and immediately after the announcement of the vote, submit
a written explanation of the failure to vote and that explanation shall
be printed in the Journal, provided that no explanation may exceed
50 words in length.
   In addition to the entry of his or her name in the Journal, any Member
who refuses so to vote when required, and who has not been excused
from doing so, may, immediately after the announcement of the vote, at
the discretion of the Speaker or upon demand of any Member, be
summoned to appear before the bar of the Assembly for public censure
by the Speaker or by any Member designated by the Speaker. Censure
of a Member as provided by this rule does not constitute a bar to
proceedings for his or her expulsion from the Assembly pursuant to
Section 5 of Article IV of the California Constitution.
48                        ASSEMBLY JOURNAL                   Dec. 2, 2002
   A Member may submit a written explanation of his or her vote on any
bill or house resolution, and that explanation shall be printed in the
Journal immediately following the vote, provided that no explanation
may exceed 50 words in length.
   A Member, prior to adjournment on the same legislative day, in the
absence of any objection, may instruct the Chief Clerk to add his or her
vote to any previously announced vote that had been taken during his or
her absence, so long as the outcome of the vote is not thereby changed.
The Chief Clerk shall record any vote additions or vote changes in the
order signed by the Members at the Clerk’s desk.
                              Ayes and Noes
  105. The ayes and noes shall be recorded by the electrical voting
system on the final passage of all bills, when an affirmative recorded
vote of 41 Members or any vote above that number is required, when
demanded by three Members, or when ordered by the Speaker. The
names of the Members so voting shall be entered in the Journal.
                         Voting and Vote Changes
   106. When once begun, voting may not be interrupted, except that,
before the vote is announced, any Member may have the total pending
vote flashed on the visible vote recorder. Prior to the announcement of
the vote, the presiding officer shall instruct the Chief Clerk to record
verbal votes from Members not at their desks. Any Member may move
a call of the Assembly after the completion of the roll. A Member, prior
to adjournment on the same legislative day, and in the absence of any
objection, may instruct the Chief Clerk to change his or her recorded
vote after the vote is announced, so long as the outcome of the vote is
not thereby changed. The Chief Clerk may record any vote change only
after the Member making the change has announced it to the Assembly.
                                 Tie Vote
  107. In case of an equal division, or tie vote, the question shall
be lost.
              VII.   MEMBERS’ DECORUM AND PRIVILEGES
                      Order in Speaking to Questions
   108. When a Member desires to address the Assembly, the Member
shall rise from his or her seat and respectfully address himself or herself
to ‘‘Mr. Speaker’’ or ‘‘Madame Speaker.’’ Upon being recognized, the
Member may speak, confining himself or herself to the question under
consideration. When two or more Members rise at the same time, the
Speaker shall designate the Member who is entitled to the floor.
   A Member may not speak more than once during the consideration of
any one question on the same day and at the same stage of proceeding,
except that the author of a bill or resolution or the mover of a question
has the right to open and close the debate thereon. A Member may not
be allowed to speak more than five minutes to open and five minutes to
close the debate on any question, including amendments, and no
Member other than the author or the mover of the question may be
allowed to speak more than five minutes thereon. A Member may not
yield to any other Member the time for which he or she is entitled to
speak on any matter.
Dec. 2, 2002             ASSEMBLY JOURNAL                              49
                                 Motions
   109. When a Member desires to make a motion, the Member shall
obtain recognition as provided in Rule 108. Upon being recognized, the
Member shall open by stating his or her motion, except in the case of a
nomination, and in any other case may not speak to the merits of the
motion at that time, but shall confine his or her remarks to those
necessary to explain the motion. If the motion is in order and is
seconded, it shall be stated to the Assembly by the Speaker. If the
motion is debated, the Member who made it shall then be entitled to
recognition to open the debate on the motion.
   When a Member obtains the floor during debate upon any question
that is pending before the Assembly and addresses the Assembly
regarding the merits of the pending question, the Member may not be
permitted to conclude his or her debate by making any motion or by
demanding the previous question.
                            Leave of Absence
   110. A Member may not absent himself or herself from attendance
at any session of the Assembly without leave of the Assembly. A
Member may not obtain that leave of absence or be excused for
nonattendance except by a vote of 54 or more Members or by
unanimous consent. A Member who obtains a leave of absence for
personal business, or is excused for nonattendance for personal
business, thereby waives his or her per diem allowance for attendance
upon any session of the Legislature for which he or she secures that
leave of absence or excuse. A Member may not obtain a leave of absence
for legislative business or be excused for nonattendance for legislative
business unless the Member has filed with the Speaker a statement of
the legislative business for which he or she seeks that leave of absence
or excuse. That statement shall be printed in the Journal.
   If a Member is not recorded on the attendance roll within 30 minutes
after the scheduled start of the session, the Member shall stand up before
the Assembly and explain the reason he or she is late before he or she is
recorded on the roll call for any vote. If a Member does not explain his
or her reason for being late, any other Member may raise a point of order
under this rule, whereupon the tardy Member’s vote may not be
recorded until an explanation is made.
                            Personal Privilege
   111. Any Member may rise to explain a matter of personal
privilege. A matter of personal privilege is a matter involving the
Member’s integrity, dignity, or honor. Upon rising to explain such a
matter, the Member forthwith shall be recognized by the Speaker, but
may not discuss a question in that explanation. Matters of personal
privilege yield only to a motion to recess or adjourn.
                   Objection to Reading of Any Paper
   112. Any Member, upon recognition by the Speaker, may object to
the reading of any paper before the Assembly. When that objection is
made, the question of reading shall be determined without debate by a
majority vote of the Members present and voting, upon a brief statement
by the Speaker of the substance of the objection.
50                       ASSEMBLY JOURNAL                   Dec. 2, 2002
                     Members at Chief Clerk’s Desk
  113. A Member or other person may not be allowed at the Chief
Clerk’s desk while the ayes and noes are being recorded or the
votes counted.
            Members Called to Order for Transgressing Rules
   114. If any Member transgresses the Rules of the Assembly, the
Speaker shall, or any Member may, call the offending Member to order.
The Member so called to order immediately shall take his or her seat,
until the Speaker, without debate, has determined whether the Member
is in order. That decision by the Speaker shall be subject to an appeal to
the Assembly.
   If any Member is called to order for offensive words spoken in
debate, the person calling him or her to order shall state to the Assembly
the words to which exception is taken. No Member may be held to
answer, or be subject to censure by the Assembly, for language used in
debate if other business has been transacted by the Assembly prior to
exception being taken to the words spoken.
                         VIII.   MISCELLANEOUS
                         Committee of the Whole
   115. The Assembly may resolve itself into a Committee of the
Whole at any time by a majority vote of the Members present and
voting. While sitting as that committee, persons other than Members
may address the committee. The Speaker of the Assembly, or any
Member named by the Speaker, shall preside as Chairperson of the
Committee of the Whole.
   A motion that the Committee of the Whole ‘‘do now rise and report
back to the Assembly,’’ shall always be in order and shall be decided
without debate. All actions of the Committee of the Whole shall be
reported to the Assembly by the chairperson, but may not be entered in
the Journal except upon motion and a majority vote of the Members
present and voting.
                       Use of Assembly Chamber
   116. The Assembly Chamber may not be used for any public or
private business, other than legislative matters, except upon approval of
the Speaker or the Chair of the Committee on Rules.
                   Use of Assembly Facilities: Smoking
   117. The smoking of tobacco products is prohibited within any
building, or portion of a building, occupied or used by Assembly
Members or employees if the building or portion of the building is under
the jurisdiction or control of the Assembly. This smoking prohibition
shall apply to any outdoor area within five feet of an entrance or exit to
any building or portion of a building subject to this rule. This smoking
prohibition shall apply to the Assembly Chamber, Assembly hearing
rooms, and Assembly offices, and to hallways, stairways, and
bathrooms within any building or portion of a building subject to
this rule.
                   Floor of the Assembly: Telephones
  117.5. A cellular telephone may not be used on the floor of the
Assembly during any session of the Assembly.
Dec. 2, 2002              ASSEMBLY JOURNAL                              51
                    Meeting of the Assembly: Firearms
   117.7. A person, except a peace officer acting within the scope of
his or her employment, may not carry or possess a firearm on the floor
of the Assembly during any session of the Assembly or in a committee
hearing room during any meeting of a committee or subcommittee.
                Persons Admitted to Floor of the Assembly
   118. A person other than Members of the Legislature, officers,
employees of the Legislature, accredited members of the press, and
guests may not be admitted to the floor of the Assembly during any
session of the Assembly. A guest of any Member may be admitted only
upon presentation of a guest card of the Member countersigned by the
Speaker. A guest card is valid only on the legislative day for which it is
issued. A lobbyist, as defined by Section 82039 of the Government
Code, may not, under any circumstances, be admitted to the Assembly
Chamber while the Assembly is in session.
   Persons admitted to the Assembly Chamber, other than Members,
may not be permitted to stand in the lobby in the rear of the Assembly
Chamber while the Assembly is in session, but shall be required to
occupy the seats provided for them.
   Guests may be seated only in the chairs in the back of the rail in the
rear of the Assembly Chamber, and may not be permitted to sit at the
desks of the Members. No person other than an accredited newspaper
representative may be permitted to sit at the press desks. A special
section in the balcony may be reserved for those holding guest cards.
Neither any person mentioned in this rule nor any other person, except
a Member of the Legislature, may engage in influencing the passage or
defeat of legislation in the Assembly Chamber.
   A person other than a Member of the Legislature, the Sergeant at
Arms or his or her assistants, the Chief Clerk or his or her assistants, or
the Legislative Counsel or his or her representatives, may not be
permitted in the area of the floor of the chamber which is occupied by
the desks of the Members.
                 Qualifications and Elections of Members
   119. An affirmative vote of 41 or more Members shall be required
to determine the qualifications and election of any Member pursuant to
Section 5 of Article IV of the California Constitution. A motion to
disqualify a Member is not in order at the convening of a legislative
session until a Speaker has been elected in accordance with
Section 9023 of the Government Code.
       Compensation and Expenses of Member Convicted of Felony
   120. If a Member of the Assembly is convicted of a felony by a
superior court, his or her right to further compensation or expenses is
thereupon suspended, and his or her membership on any committee is
thereupon suspended. If the conviction becomes final, the right of the
Member to further compensation or expenses shall terminate and any
compensation or expenses withheld shall be forfeited to the state. If the
conviction is reversed by an appellate court or a motion for a new trial
is granted, and the Member is thereafter found not guilty or the charges
against him or her are dismissed, the amounts of the withheld
compensation or expenses shall be paid to the Member and the
suspension of his or her committee membership shall terminate.
52                       ASSEMBLY JOURNAL                   Dec. 2, 2002
   Whenever a Member is convicted of a felony in the superior court, the
Committee on Rules shall give written notice thereof to the Controller,
directing him or her to discontinue any further payments to the Member
unless and until the Committee on Rules notifies the Controller that the
Member has been found not guilty or that the charges against him or her
are dismissed. The Controller may not draw any warrant payable to that
Member except as provided in this rule.
                       The Seal of the Assembly
  121. The Seal of the Assembly may be used only by or on behalf of
a Member of the Assembly, or when specifically authorized by the
Committee on Rules.
             CONSIDERATION OF HOUSE RESOLUTION NO. 1
  On motion of Assembly Member Nation, House Resolution No. 1
was taken up.
   HOUSE RESOLUTION NO. 1—Relative to the Standing Rules of the Assembly
for the 2003–04 Regular Session.
  Resolution read and adopted by the following vote:
                                   AYES—66
Aghazarian       Frommer               Longville        Reyes
Benoit           Garcia                Lowenthal        Richman
Berg             Goldberg              Maddox           Ridley-Thomas
Bermudez         Hancock               Matthews         Salinas
Calderon         Harman                McCarthy         Samuelian
Chan             Horton, Jerome        Montanez         Simitian
Chavez           Horton, Shirley       Mountjoy         Spitzer
Chu              Jackson               Mullin           Steinberg
Cohn             Kehoe                 Nakano           Strickland
Corbett          Koretz                Nation           Vargas
Correa           La Suer               Negrete McLeod   Wiggins
Cox              Laird                 Nunez            Wolk
Daucher          Leno                  Oropeza          Wyland
Diaz             Leslie                Pacheco          Yee
Dutra            Levine                Parra            Mr. Speaker
Dymally          Lieber                Pavley
Firebaugh        Liu                   Plescia
                                   NOES—1
Maldonado
                             RESOLUTIONS
  The following resolution was offered:
                        House Resolution No. 2
  By Assembly Member Firebaugh:
             Relative to election of officers of the Assembly
                  for the 2003–04 Regular Session.
   Resolved by the Assembly of the State of California, That the
following named persons constitute officers of the Assembly for the
2003–04 Regular Session:
   E. Dotson Wilson, Chief Clerk
   Ronald E. Pane, Chief Sergeant at Arms
   Father Constantine C. Pappademos, Chaplain
   Reverend Ivan L. Williams, Sr., Alternate Chaplain
Dec. 2, 2002              ASSEMBLY JOURNAL                               53
              CONSIDERATION OF HOUSE RESOLUTION NO. 2
  On motion of Assembly Member Firebaugh, House Resolution No. 2
was taken up.
   HOUSE RESOLUTION NO. 2—Relative to election of officers of the Assembly
for the 2003–04 Regular Session.
  Resolution read and adopted by the following vote:
                                    AYES—79
Aghazarian        Dymally               Levine           Parra
Benoit            Firebaugh             Lieber           Pavley
Berg              Frommer               Liu              Plescia
Bermudez          Garcia                Longville        Reyes
Bogh              Goldberg              Lowenthal        Richman
Calderon          Hancock               Maddox           Ridley-Thomas
Campbell          Harman                Maldonado        Runner
Canciamilla       Haynes                Matthews         Salinas
Chan              Horton, Jerome        Maze             Samuelian
Chavez            Horton, Shirley       McCarthy         Simitian
Chu               Houston               Montanez         Spitzer
Cogdill           Jackson               Mountjoy         Steinberg
Cohn              Keene                 Mullin           Strickland
Corbett           Kehoe                 Nakanishi        Vargas
Correa            Koretz                Nakano           Wiggins
Cox               La Malfa              Nation           Wolk
Daucher           La Suer               Negrete McLeod   Wyland
Diaz              Laird                 Nunez            Yee
Dutra             Leno                  Oropeza          Mr. Speaker
Dutton            Leslie                Pacheco
                               NOES—None
                   OATHS OF OFFICE ADMINISTERED
   Chief Clerk-elect E. Dotson Wilson, Chief Sergeant-at-Arms-elect
Ronald E. Pane, Chaplain-elect Father Constantine C. Pappademos and
Alternate Chaplain-elect Rev. Ivan L. Williams, Sr., appeared at the bar
of the Assembly and took and subscribed to the following oath of office,
administered by the Honorable Joyce L. Kennard, Associate Justice,
Supreme Court of California.
                                  OATH
   I do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States and the Constitution of the State of
California against all enemies, foreign and domestic; that I will bear true
faith and allegiance to the Constitution of the United States and the
Constitution of California; that I take this obligation freely, without any
mental reservation or purpose of evasion; and that I will well and
faithfully discharge the duties upon which I am about to enter.
54                        ASSEMBLY JOURNAL                   Dec. 2, 2002
                              RESOLUTIONS
  The following resolution was offered:
                         House Resolution No. 3
  By Assembly Member Firebaugh:
            Relative to the organization of the Assembly for
                     the 2003–04 Regular Session.
   Resolved by the Assembly of the State of California,
   (a) That the Chief Clerk or the Sergeant at Arms is authorized to
received from the Controller all warrants for the payment of Members,
officers, and attaches of the Assembly.
   (b) That the Chief Clerk shall provide copies of the Assembly
Weekly Histories to the Legislative Counsel, Governor, Attorney
General, and accredited newspaper representatives.
              CONSIDERATION OF HOUSE RESOLUTION NO. 3
  On motion of Assembly Member Firebaugh, House Resolution No. 3
was taken up.
   HOUSE RESOLUTION NO. 3—Relative to the organization of the Assembly for
the 2003–04 Regular Session.
  Resolution read and adopted by the following vote:
                                    AYES—79
Aghazarian        Dymally               Levine           Parra
Benoit            Firebaugh             Lieber           Pavley
Berg              Frommer               Liu              Plescia
Bermudez          Garcia                Longville        Reyes
Bogh              Goldberg              Lowenthal        Richman
Calderon          Hancock               Maddox           Ridley-Thomas
Campbell          Harman                Maldonado        Runner
Canciamilla       Haynes                Matthews         Salinas
Chan              Horton, Jerome        Maze             Samuelian
Chavez            Horton, Shirley       McCarthy         Simitian
Chu               Houston               Montanez         Spitzer
Cogdill           Jackson               Mountjoy         Steinberg
Cohn              Keene                 Mullin           Strickland
Corbett           Kehoe                 Nakanishi        Vargas
Correa            Koretz                Nakano           Wiggins
Cox               La Malfa              Nation           Wolk
Daucher           La Suer               Negrete McLeod   Wyland
Diaz              Laird                 Nunez            Yee
Dutra             Leno                  Oropeza          Mr. Speaker
Dutton            Leslie                Pacheco
                               NOES—None
Dec. 2, 2002                ASSEMBLY JOURNAL                                   55
                                RESOLUTIONS
  The following resolution was offered:
                            House Resolution No. 4
  By Assembly Member Chan:
              Relative to the placing of bills on the Desk.
   Resolved by the Assembly of the State of California, That, during the
organizational recess, no bill shall be placed on the Desk for
introduction except by a person designated by the author in writing. The
designation shall be filed with the Chief Clerk.
              CONSIDERATION OF HOUSE RESOLUTION NO. 4
   On motion of Assembly Member Chan, House Resolution No. 4 was
taken up.
  HOUSE RESOLUTION NO. 4—Relative to the placing of bills on the Desk.
  Resolution read and adopted by the following vote:
                                      AYES—79
Aghazarian          Dymally               Levine             Parra
Benoit              Firebaugh             Lieber             Pavley
Berg                Frommer               Liu                Plescia
Bermudez            Garcia                Longville          Reyes
Bogh                Goldberg              Lowenthal          Richman
Calderon            Hancock               Maddox             Ridley-Thomas
Campbell            Harman                Maldonado          Runner
Canciamilla         Haynes                Matthews           Salinas
Chan                Horton, Jerome        Maze               Samuelian
Chavez              Horton, Shirley       McCarthy           Simitian
Chu                 Houston               Montanez           Spitzer
Cogdill             Jackson               Mountjoy           Steinberg
Cohn                Keene                 Mullin             Strickland
Corbett             Kehoe                 Nakanishi          Vargas
Correa              Koretz                Nakano             Wiggins
Cox                 La Malfa              Nation             Wolk
Daucher             La Suer               Negrete McLeod     Wyland
Diaz                Laird                 Nunez              Yee
Dutra               Leno                  Oropeza            Mr. Speaker
Dutton              Leslie                Pacheco
                                 NOES—None
                       MESSAGES FROM THE SENATE
                                             Senate Chamber, December 2, 2002
  Mr. Speaker: I am directed to inform your honorable body that the Senate on this
day adopted:
  Senate Concurrent Resolution No. 2
                                GREGORY P. SCHMIDT, Secretary of the Senate
                                By John W. Rovane, Assistant Secretary
56                        ASSEMBLY JOURNAL                   Dec. 2, 2002
                   FIRST READING OF SENATE BILLS
  The following resolution was read:
  SENATE CONCURRENT RESOLUTION NO. 2—Relative to the selection of the
Legislative Counsel of California.
     CONSIDERATION OF SENATE CONCURRENT RESOLUTION NO. 2
  Without objection, Senate Concurrent Resolution No. 2 was taken up.
  SENATE CONCURRENT RESOLUTION NO. 2—Relative to the selection of the
Legislative Counsel of California.
  Resolution read and adopted by the following vote:
                                    AYES—79
Aghazarian        Dymally               Levine           Parra
Benoit            Firebaugh             Lieber           Pavley
Berg              Frommer               Liu              Plescia
Bermudez          Garcia                Longville        Reyes
Bogh              Goldberg              Lowenthal        Richman
Calderon          Hancock               Maddox           Ridley-Thomas
Campbell          Harman                Maldonado        Runner
Canciamilla       Haynes                Matthews         Salinas
Chan              Horton, Jerome        Maze             Samuelian
Chavez            Horton, Shirley       McCarthy         Simitian
Chu               Houston               Montanez         Spitzer
Cogdill           Jackson               Mountjoy         Steinberg
Cohn              Keene                 Mullin           Strickland
Corbett           Kehoe                 Nakanishi        Vargas
Correa            Koretz                Nakano           Wiggins
Cox               La Malfa              Nation           Wolk
Daucher           La Suer               Negrete McLeod   Wyland
Diaz              Laird                 Nunez            Yee
Dutra             Leno                  Oropeza          Mr. Speaker
Dutton            Leslie                Pacheco
                               NOES—None
                             OATH OF OFFICE
  The following Oath of Office was taken and subscribed to by
Diane F. Boyer-Vine for the Office of Legislative Counsel in the
California State Senate earlier this day.
                                     OATH
                for the Office of the Legislative Counsel
                        2003–04 Regular Session
   I, Diane F. Boyer-Vine, do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States and the
Constitution of the State of California against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the Constitution of
the United States and the Constitution of California; that I take this
obligation freely, without any mental reservation or purpose of evasion;
and that I will well and faithfully discharge the duties upon which I am
about to enter.
                                              DIANE F. BOYER-VINE
Subscribed and sworn to before me,
this 2nd day of December
A.D. 2002
Honorable Ronald M. George
Chief Justice
Supreme Court of California
Dec. 2, 2002                  ASSEMBLY JOURNAL                                      57
        INTRODUCTION AND FIRST READING OF ASSEMBLY BILLS
                 PURSUANT TO ASSEMBLY RULE 47
  Pursuant to the provisions of Assembly Rule 47, the following bills
were introduced, read the first time, and ordered held at the Desk:
   ASSEMBLY BILL NO. 1—Berg (Principal coauthor: Senator Chesbro). An act
to add Section 9400.5 to the Welfare and Institutions Code, relating to aging, making an
appropriation therefor, and declaring the urgency thereof, to take effect immediately.
  ASSEMBLY BILL NO. 2—Bogh. An act to add Section 3043.6 to the Penal Code,
and to add Section 1767.9 to the Welfare and Institutions Code, relating to victims.
  ASSEMBLY BILL NO. 3—Calderon. An act relating to consumer credit reporting.
  ASSEMBLY BILL NO. 4—Chan and Dutra. An act relating to taxation.
   ASSEMBLY BILL NO. 5—Cogdill. An act to add Sections 96.11, 96.12, and 96.13
to the Revenue and Taxation Code, relating to local government finance, and declaring
the urgency thereof, to take effect immediately.
   ASSEMBLY BILL NO. 6—Cohn. An act to amend Section 653w of the Penal Code,
relating to crime.
  ASSEMBLY BILL NO. 7—Corbett. An act to add Title 1.81.2 (commencing with
Section 1798.89) to Part 4 of Division 3 of the Civil Code, relating to privacy.
   ASSEMBLY BILL NO. 8—Daucher. An act to add and repeal Article 3.8
(commencing with Section 52055.70) to Chapter 6.1 of Part 28 of the Education Code,
relating to Riverside County Office of Education, and declaring the urgency thereof, to
take effect immediately.
  ASSEMBLY BILL NO. 9—Dymally. An act to add Part 7 (commencing with
Section 106000) to Division 103 of the Health and Safety Code, relating to health care.
   ASSEMBLY BILL NO. 10—Firebaugh. An act to add Chapter 3.5 (commencing
with Section 101800) to Part 4 of Division 101 of the Health and Safety Code, relating
to public health.
  ASSEMBLY BILL NO. 11—Garcia and Vargas (Coauthors: Aghazarian, Bogh,
Cox, Dutton, Harman, Haynes, Houston, Keene, La Malfa, Maldonado, Maze,
McCarthy, Mountjoy, Pacheco, Strickland, and Wyland) (Coauthor: Senator
Battin). An act to add Section 7073.2 to the Government Code, relating to economic
development.
   ASSEMBLY BILL NO. 12—Goldberg (Coauthors: Dutra, Kehoe, Leno, and
Reyes). An act to add Sections 60045.1 and 60200.3 to the Education Code, relating to
instructional materials.
  ASSEMBLY BILL NO. 13—Harman. An act to add Section 118.7 to the Streets and
Highways Code, relating to the Department of Transportation.
   ASSEMBLY BILL NO. 14—Jerome Horton. An act to add and repeal Article 60.3
(commencing with Section 20919) of Chapter 1 of Part 3 of Division 2 of the Public
Contract Code, relating to public contracts, and declaring the urgency thereof, to take
effect immediately.
  ASSEMBLY BILL NO. 15—Houston and Pacheco. An act to repeal Section
42238.46 of the Education Code, and to amend Section 42 of Chapter 1167 of the
Statutes of 2002, relating to school finance, and making an appropriation therefor.
  ASSEMBLY BILL NO. 16—Jackson (Coauthor: Simitian). An act to amend
Section 30262 of the Public Resources Code, relating to oil and gas.
  ASSEMBLY BILL NO. 17—Kehoe (Coauthors: Chan, Chu, Goldberg, Koretz,
Laird, Leno, Longville, Nation, Steinberg, and Wiggins) (Coauthors: Senators
Burton, Kuehl, and Vasconcellos). An act to add Section 10295.3 to the Public
Contract Code, relating to public contracts.
  ASSEMBLY BILL NO. 18—Leno (Coauthors: Goldberg, Hancock, Kehoe,
Koretz, Laird, and Steinberg). An act to amend Section 12993 of the Government
Code, relating to civil rights.
58                            ASSEMBLY JOURNAL                         Dec. 2, 2002
  ASSEMBLY BILL NO. 19—Leslie. An act to amend Section 10754 of, and to add
Section 11004.7 to, the Revenue and Taxation Code, and to amend Section 9551.2 of,
and to add Section 23583 to, the Vehicle Code, relating to taxation, and making an
appropriation therefor.
   ASSEMBLY BILL NO. 20—Lieber (Coauthor: Leno). An act relating to victims
of crime.
  ASSEMBLY BILL NO. 21—Liu. An act relating to housing, and declaring the
urgency thereof, to take effect immediately.
  ASSEMBLY BILL NO. 22—Maddox. An act to add Section 1596.8717 to the
Health and Safety Code, relating to child care.
  ASSEMBLY BILL NO. 23—Nation. An act to add Section 139 to the Health and
Safety Code, relating to breast cancer.
   ASSEMBLY BILL NO. 24—Negrete McLeod. An act to amend Section 115922 of
the Health and Safety Code, relating to public safety.
  ASSEMBLY BILL NO. 25—Nunez (Coauthor: Leno). An act to add Article 2.5
(commencing with Section 11024) to Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code, relating to state agencies.
  ASSEMBLY BILL NO. 26—Pacheco. An act to amend Section 290.4 of the Penal
Code, relating to sex offenders.
  ASSEMBLY BILL NO. 27—Parra. An act to amend Section 290.4 of the Penal
Code, relating to sex offender registration.
   ASSEMBLY BILL NO. 28—Pavley. An act to add Article 3.9 (commencing with
Section 8574.30) to Chapter 7 of Division 1 of Title 2 of the Government Code, relating
to firefighting equipment.
  ASSEMBLY BILL NO. 29—Reyes. An act to add Section 6302.5 to the Family
Code, relating to protective orders.
  ASSEMBLY BILL NO. 30—Richman. An act to add Section 12693.756 to the
Insurance Code, relating to health care coverage.
   ASSEMBLY BILL NO. 31—Runner. An act to repeal Section 42238.46 of the
Education Code, and to amend Section 42 of Chapter 1167 of the Statutes of 2002,
relating to school finance, and making an appropriation therefor.
   ASSEMBLY BILL NO. 32—Salinas. An act to add and repeal Section 50517.15 of
the Health and Safety Code, relating to housing.
   ASSEMBLY BILL NO. 33—Samuelian. An act to add Article 8.5 (commencing
with Section 228.50) to Chapter 1 of Division 1 of the Streets and Highways Code,
relating to streets and highways.
   ASSEMBLY BILL NO. 34—Strickland. An act to amend Section 186.10 of the
Penal Code, relating to money laundering, and declaring the urgency thereof, to take
effect immediately.
  ASSEMBLY BILL NO. 35—Wiggins. An act to amend Section 65400 of, and to
repeal Section 65307 of, the Government Code, relating to local planning.
  ASSEMBLY BILL NO. 36—Wyland. An act to amend Section 52056 of the
Education Code, relating to academic achievement.
  ASSEMBLY BILL NO. 37—Yee. An act to amend Section 1374.72 of the Health
and Safety Code, and to amend Section 10144.5 of the Insurance Code, relating to health
care coverage.
Dec. 2, 2002             ASSEMBLY JOURNAL                              59
     REQUEST FOR UNANIMOUS CONSENT TO PRINT IN JOURNAL
   Assembly Member Frommer was granted unanimous consent that the
following statement of legislative intent be printed in the Journal:
                Legislative Intent—Assembly Bill No. 2481
                                                       August 30, 2002
E. Dotson Wilson
   Chief Clerk of the Assembly
     State Capitol
        Sacramento, California
   Dear Mr. Wilson: Assembly Bill 2481 requires that underground
storage tanks installed on or after July 1, 2003 be constructed to contain
both the liquid and vapor-phase of the substance stored
(Section 25290.1), in order to better protect the environment from
unauthorized releases of methyl tertiary butyl ether (MTBE). This
requirement is the result of recent findings by the State Water Resources
Control Board (SWRCB) that of all underground storage tanks currently
in operation in California (including both single-wall and double wall-
systems), roughly 60 percent are releasing vapors into the subsurface
environment.
   In addition, AB 2481 authorizes local regulatory agencies to affix
‘‘red tags’’ to the fill pipes of underground storage tanks found to be in
‘‘significant violation’’ of any construction, monitoring, or other
requirement, as that term is to be defined by the SWRCB in regulations
(Section 25292.3). Underground storage tanks that have been
red-tagged would be prohibited from receiving fuel until the violation
has been corrected. The red-tag provisions in AB 2481 do not require
owners and operators of underground storage tanks found to be in
significant violation to replace the system; therefore, existing tanks
would not have to be replaced solely because of having received a
red tag.
   This bill is intended to be a fair and balanced approach to help ensure
the environment is protected from leaking underground storage tanks.
              Sincerely,
                               DARIO FROMMER, Assembly Member
                               Forty-third District
60                         ASSEMBLY JOURNAL               Dec. 2, 2002
                             COMMUNICATIONS
   The following communications were presented by the Chief Clerk
and ordered printed in the Journal:
                                                  November 8, 2002
The Honorable E. Dotson Wilson
  Chief Clerk, California State Assembly
     State Capitol
       Sacramento, California
   Dear Mr. Wilson: The Members of the Assembly Republican Caucus,
in a meeting yesterday, have selected Assembly Member Dave Cox to
serve as the Assembly Republican Leader for the upcoming 2003–2004
legislative session.
   Additionally, I have been selected by my colleagues as the Assembly
Republican Caucus Chairman and the Second Ranking Republican
Leader. Both of these selections are effective immediately.
   Thank you in advance for your assistance. If you have any questions,
please contact the Republican Leader’s office at 319-2005.
             Sincerely,
                            TONY STRICKLAND
                            Assembly Republican Caucus Chairman
                           ADJOURN IN MEMORY
  Assembly Member Firebaugh was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Hon. Leroy F. Greene, Member of the California State
Assembly, 1963–82 and Member of the State Senate, 1983–98.
  (Assembly Rule 45.5 suspended.)
                             DESK HELD OPEN
   Speaker Wesson announced that the Assembly Desk would be open
December 3–20, 2002, from 9 a.m. to 3 p.m. for the purpose of
introduction of bills.
                           ADJOURN IN MEMORY
   Assembly Member Cox was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Conley MacDonald, of Sacramento.
   Assembly Member Frommer was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Shelly Malcolm, of Union City.
   Assembly Member Hancock was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Seymour ‘‘Sy’’ Zell, of El Cerrito.
   Assembly Member Nakanishi was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Nancy Lynn Schlener, of El Dorado Hills.
   Assembly Member Nakano was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Penny Faia, of Torrance.
   Assembly Member Pacheco was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Dennis Tourville, of Menifee.
Dec. 2, 2002                   ASSEMBLY JOURNAL                                      61
  Assembly Member Simitian was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Eric Michael Quesada, of Los Gatos; Booker White, of
Oakland; and Ann Hagey Barbee, of Palo Alto.
  Assembly Member Strickland was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Alice Marie Crump, of Santa Clara.
                               MOTION TO ADJOURN
  At 2 p.m., Assembly Member Firebaugh moved that the Assembly do
now adjourn.
  Assembly Member Strickland seconded the motion.
  Motion carried.
            QUORUM CALL OF THE ASSEMBLY DISPENSED WITH
   At 2 p.m., Speaker Wesson declared the quorum call of the Assembly
dispensed with.
                   INTRODUCTION AND FIRST READING OF
                       ASSEMBLY BILLS (RESUMED)
   The following bills were introduced and read the first time:
   ASSEMBLY BILL NO. 38—Reyes. An act relating to the West Fresno Elementary
School District, making an appropriation therefor, and declaring the urgency thereof, to
take effect immediately.
  ASSEMBLY BILL NO. 39—Runner. An act to amend Section 311.11 of the Penal
Code, relating to child pornography.
  ASSEMBLY BILL NO. 40—Runner. An act to add Article 1 (commencing with
Section 84700) to Chapter 5 of Part 50 of the Education Code, relating to school finance.
  ASSEMBLY BILL NO. 41—Daucher. An act to add Section 9400.5 to the Welfare
and Institutions Code, relating to aging, making an appropriation therefor, and declaring
the urgency thereof, to take effect immediately.
  ASSEMBLY BILL NO. 42—Daucher. An act to amend Section 52124 of the
Education Code, relating to public schools.
   ASSEMBLY BILL NO. 43—Daucher and Cohn. An act to amend Sections
14139.05, 14139.1, 14139.11, 14139.12, 14139.13, 14139.2, 14139.21, 14139.24,
14139.25, 14139.3, 14139.31, 14139.33, 14139.34, 14139.4, 14139.41, 14139.43,
14139.44, 14139.5, 14139.53, 14139.6, and 14139.62 of, to amend the heading of
Article 4.3 (commencing with Section 14139.05) of Chapter 7 of Part 3 of Division 9 of,
to repeal Sections 14139.22, 14139.23, 14139.35, 14139.36, 14139.38, and 14139.51
of, and to repeal and add Sections 14139.32, 14139.37, and 14139.42 of, the Welfare and
Institutions Code, relating to long-term care.
   ASSEMBLY BILL NO. 44—Pacheco. An act to amend Section 366.21 of the
Welfare and Institutions Code, relating to dependent children, and declaring the urgency
thereof, to take effect immediately.
  ASSEMBLY BILL NO. 45—Simitian. An act to add Section 23123 to the Vehicle
Code, relating to vehicles.
   ASSEMBLY BILL NO. 46—Simitian. An act to add Section 1798.86 to the Civil
Code, and to amend Section 530.5 of, and to add Section 667.13 to, the Penal Code,
relating to identity theft.
  ASSEMBLY BILL NO. 47—Simitian. An act to add Section 4551.9 to the Public
Resources Code, relating to forest practices.
   ASSEMBLY BILL NO. 48—Simitian. An act to repeal Section 42238.46 of the
Education Code, and to amend Section 42 of Chapter 1167 of the Statutes of 2002,
relating to school finance, and making an appropriation therefor.
62                             ASSEMBLY JOURNAL                          Dec. 2, 2002
  ASSEMBLY BILL NO. 49—Simitian. An act to amend Section 13848.6 of the
Penal Code, relating to crime.
  ASSEMBLY BILL NO. 50—Koretz. An act to amend Sections 245, 12011, 12020,
12022, 12022.5, 12079, 12275, 12275.5, 12280, 12285, 12286, 12287, 12288, 12288.5,
12289, and 12290 of, and to add Section 12278 to, the Penal Code, relating to firearms.
  ASSEMBLY BILL NO. 51—Simitian. An act to add Section 65302.4 to the
Government Code, relating to land use planning.
   ASSEMBLY BILL NO. 52—Simitian. An act to amend Section 42239 of, to add
Sections 37252.5, 37252.6, and 37254 to, and to repeal Sections 37252.2 and 37252.8
of, the Education Code, relating to pupil instruction, and making an appropriation
therefor.
   ASSEMBLY BILL NO. 53—Simitian. An act to amend Section 41204.1 of the
Education Code, and to add Section 97.42 to the Revenue and Taxation Code, relating
to local government finance.
  ASSEMBLY BILL NO. 54—Oropeza. An act relating to teachers.
  ASSEMBLY BILL NO. 55—Correa. An act to amend Sections 31485.7 and
31485.8 of, and to add Section 31658 to, the Government Code, relating to county
employees’ retirement, and declaring the urgency thereof, to take effect immediately.
  ASSEMBLY BILL NO. 56—Liu and Daucher (Coauthors: Senators Alpert and
Karnette). An act to amend Sections 46112, 48000, and 48200 of, to add Sections
46112.1, 48000.1, and 48200.1 to, and to add Article 6.5 (commencing with Section
8234.10) to Chapter 2 of Part 6 of, the Education Code, relating to children, and making
an appropriation therefor.
   ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 1—Longville. A
resolution to propose to the people of the State of California an amendment to the
Constitution of the State, by amending subdivision (c) of Section 8 of, and amending
Section 12 of, Article IV thereof, and by adding Section 8 to Article XX thereof, relating
to the state budget.
   ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 2—Maldonado. A
resolution to propose to the people of the State of California an amendment to the
Constitution of the State, by amending Section 12 of Article IV thereof, relating to the
state budget.
   ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 3—Mc Carthy. A
resolution to propose to the people of the State of California an amendment to the
Constitution of the State, by repealing and adding Section 1 of Article XXI thereof,
relating to redistricting.
   ASSEMBLY        CONSTITUTIONAL AMENDMENT                       NO.     4—Simitian
(Coauthors: Nation and Pavley). A resolution to propose to the people of the State of
California an amendment to the Constitution of the State, by amending Section 4 of, and
by adding Section 4.5 to, Article XIIIA thereof, by amending Section 2 of Article XIIIC
thereof, and by amending Section 3 of Article XIIID thereof, relating to taxation.
                                   RESOLUTIONS
   The following resolutions were offered:
  ASSEMBLY CONCURRENT RESOLUTION NO. 1—Koretz (Coauthors:
Bates, Chan, Chu, Cox, Firebaugh, Negrete McLeod, Steinberg, and Vargas)
(Coauthors: Senators Ackerman, Bowen, Chesbro, Kuehl, and Scott). Relative to
California Holocaust Memorial Week.
  ASSEMBLY CONCURRENT RESOLUTION NO. 2—Mountjoy (Coauthors:
Aghazarian, Bates, Benoit, Bogh, Campbell, Canciamilla, Cogdill, Cohn, Corbett,
Correa, Cox, Daucher, Dutra, Dutton, Firebaugh, Frommer, Garcia, Goldberg,
Harman, Haynes, Shirley Horton, Houston, Keene, Koretz, La Malfa, La Suer,
Leno, Leslie, Levine, Liu, Maddox, Maldonado, Matthews, Maze, McCarthy,
Nakanishi, Nakano, Nation, Negrete McLeod, Nunez, Oropeza, Pacheco, Plescia,
Reyes, Richman, Runner, Salinas, Samuelian, Spitzer, Steinberg, Strickland,
Vargas, Wesson, Wiggins, and Wyland) (Coauthors: Senators Ackerman and
Margett). Relative to the William H. Lancaster Memorial Freeway.
Dec. 2, 2002               ASSEMBLY JOURNAL                                 63
  ASSEMBLY CONCURRENT RESOLUTION NO. 3—Cohn. Relative to
National Academy of Recording Arts and Sciences.
  ASSEMBLY CONCURRENT RESOLUTION NO. 4—Correa (Coauthors:
Bates, Campbell, Daucher, Maddox, and Spitzer). Relative to the Anaheim Angels.
  ASSEMBLY CONCURRENT RESOLUTION NO. 5—Cohn. Relative to
California Holocaust Memorial Week.
  ASSEMBLY CONCURRENT RESOLUTION NO. 6—Cohn. Relative to
Domestic Violence Awareness Month.
  HOUSE RESOLUTION NO. 5—Cohn. Relative to online piracy.
                        INTRODUCTION OF GUESTS
  Assembly Member Maze, of the 34th Assembly District, introduced
Gene Gilcrease, of Lemoore, who is celebrating her 100th birthday.
                              ADJOURNMENT
   At 3 p.m., pursuant to the motion by Assembly Member Firebaugh,
the Assembly adjourned until noon, Monday, December 9, 2002,
out of respect to the memory of Conley MacDonald, on motion
of Assembly Member Cox; out of respect to the memory of
Shelly Malcolm, on motion of Assembly Member Frommer;
out of respect to the memory of Seymour ‘‘Sy’’ Zell, on motion
of Assembly Member Hancock; out of respect to the memory of
Nancy Lynn Schlener, on motion of Assembly Member Nakanishi;
out of respect to the memory of Penny Faia, on motion of Assembly
Member Nakano; out of respect to the memory of Dennis Tourville,
on motion of Assembly Member Pacheco; out of respect to the memory
of Ann Hagey Barbee, Eric Michael Quesada, and Booker White,
on motion of Assembly Member Simitian; and out of respect
to the memory of Alice Marie Crump on motion of Assembly
Member Strickland.


  HERB J. WESSON, JR., Speaker
                                       PAM CAVILEER, Minute Clerk
Dec. 5, 2002            ASSEMBLY JOURNAL                          65



                 CALIFORNIA LEGISLATURE
                   2003–04 REGULAR SESSION




    ASSEMBLY JOURNAL
                      RECESS JOURNAL NO. 1



                     ORGANIZATIONAL RECESS


                                 Assembly Chamber, Sacramento
                                       Thursday, December 5, 2002
  Pursuant to the provisions of Joint Rule 59, the following Assembly
Journal for the 2003–04 Regular Session was printed while the
Assembly was in Organizational Recess:
                         COMMUNICATIONS
  The following communications were presented by the Speaker, and
ordered printed in the Journal:
                                               November 30, 2002
E. Dotson Wilson
  Chief Clerk
    California State Assembly
      State Capitol, Room 3196
        Sacramento, California
  RE:    Appointment of Carl Washington
         to California Integrated Waste Management Board
  Dear Mr. Wilson: Please be advised I have appointed Reverend
Carl E. Washington to the California Integrated Waste Management
Board. This is a term appointment starting November 30, 2002 and the
expiration date is January 1, 2006. Reverend Washington will be
replacing Mr. Daniel Eaton.
             Sincerely,
                           HERB J. WESSON, JR.
                           Speaker of the California State Assembly
66                       ASSEMBLY JOURNAL                 Dec. 5, 2002
                                                 November 30, 2002
Mr. E. Dotson Wilson
 Chief Clerk
    California State Assembly
       State Capitol, Room 3196
         Sacramento, California
     RE:Appointment of Thomas Calderon
        to California Medical Assistance Commission
   Dear Mr. Wilson: Please be advised I have appointed Mr. Thomas
Calderon to the California Medical Assistance Commission. This is a
term appointment starting November 30, 2002 and the expiration date is
January 1, 2005. Mr. Calderon will be replacing Ms. Araceli Ruano.
            Sincerely,
                          HERB J. WESSON, JR.
                          Speaker of the California State Assembly
                                                   December 3, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
Democratic Leadership for the 2003–04 Regular Session:
  Speaker pro Tempore                      Hon. Christine Kehoe
  Assistant Speaker pro Tempore            Hon. Leland Yee
  Majority Floor Leader                    Hon. Marco Firebaugh
  Majority Leader                          Hon. Wilma Chan
  Majority Whip                            Hon. Fabian Nunez
  Democratic Caucus Chair                  Hon. George Nakano
  Rules Committee Chair                    Hon. Joe Nation
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
                                              December 4, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have appointed
Assemblymember Darrell Steinberg to the Joint Committee on
Legislative Budget.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
Dec. 5, 2002                  ASSEMBLY JOURNAL                                      67
  The following communications were presented by the Chief Clerk
and ordered printed in the Journal:
                                            December 2, 2002
The Honorable Herb Wesson
  Speaker of the Assembly
    State Capitol, Room 219
      Sacramento, California
   Dear Speaker Wesson: The Senate Rules Committee has appointed
the following members to serve on the Joint Legislative Budget
Committee: Senators Ackerman, Alpert, Battin, Chesbro and
Vasconcellos.
            Sincerely,
                                           JOHN L. BURTON
                                           Chairman
                        MESSAGES FROM THE SENATE
                                               Senate Chamber, December 2, 2002
  Mr. Speaker: I am directed to inform your honorable body that the Senate on this day
adopted:
  Senate Concurrent Resolution No. 1
                                  GREGORY P. SCHMIDT, Secretary of the Senate
                                  By John W. Rovane, Assistant Secretary
                       FIRST READING OF SENATE BILLS
   The following resolution was read:
  SENATE CONCURRENT RESOLUTION NO. 1—Relative to the adoption of the
Joint Rules of the Senate and Assembly for the 2003–04 Regular Session.
                     INTRODUCTION OF ASSEMBLY BILLS
   The following bills were introduced:
  ASSEMBLY BILL NO. 57—Bates. An act to amend Section 11055 of the Health
and Safety Code, relating to controlled substances.
  ASSEMBLY BILL NO. 58—Bates. An act to amend Section 13308 of the Water
Code, relating to water, and making an appropriation therefor.
  ASSEMBLY BILL NO. 59—Dymally. An act to add Chapter 4.5 (commencing with
Section 8305) to Division 1 of Title 2 of the Government Code, relating to state history
and culture.
   ASSEMBLY BILL NO. 60—Dymally. An act to amend Sections 89416 and 89416.3
of, and to amend the heading of Chapter 4.2 (commencing with Section 89416) of Part
55 of, the Education Code, relating to the California State University.
   ASSEMBLY BILL NO. 61—Dymally. An act to amend Section 1 of Chapter 78 of
the Statutes of 1993, relating to Compton Unified School District.
  ASSEMBLY BILL NO. 62—Bermudez. An act to add Section 5101.10 to the
Vehicle Code, relating to vehicles.
   ASSEMBLY BILL NO. 63—Cogdill and Garcia. An act to add and repeal Sections
17053.18 and 23638 of the Revenue and Taxation Code, relating to taxation, to take
effect immediately, tax levy.
  ASSEMBLY BILL NO. 64—Pacheco. An act to amend Section 84750 of the
Education Code, relating to community colleges.
68                        ASSEMBLY JOURNAL                    Dec. 5, 2002
                              RESOLUTIONS
  The following resolutions were offered:
  ASSEMBLY CONCURRENT RESOLUTION NO. 7—Daucher (Coauthor:
Pacheco) (Coauthor: Senator Ackerman). Relative to California Highway Patrol
Officer Don J. Burt Memorial Highway.
  ASSEMBLY CONCURRENT RESOLUTION NO. 8—Dymally. Relative to the
Charles R. Drew University of Medicine and Science.



  HERB J. WESSON, JR., Speaker
                                      PAM CAVILEER, Minute Clerk
Dec. 9, 2002                     ASSEMBLY JOURNAL                                            69

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                        Monday, December 9, 2002

                            SECOND SESSION DAY

                           EIGHTH CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
70                       ASSEMBLY JOURNAL               Dec. 9, 2002


              PROCEEDINGS OF THE ASSEMBLY

                            IN ASSEMBLY


                             Assembly Chamber, Sacramento
                                     Monday, December 9, 2002
  The Assembly met at 12:08 p.m.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Brian Ebbert reading.
                               ROLL CALL
  The roll was called.
                     Quorum Call of the Assembly
  Assembly Member Leno moved a quorum call of the Assembly.
  Motion carried. Time, 12:08 p.m.
  The Speaker pro Tempore directed the Sergeant at Arms to close the
doors, and to bring in the absent Members.
                            Quorum Present
  At 12:10 p.m., Speaker pro Tempore Kehoe declared a quorum of the
Assembly present.
  The roll call was completed, and the following answered to their
names—78:
Aghazarian       Dutton            Levine           Pavley
Bates            Dymally           Lieber           Plescia
Benoit           Firebaugh         Liu              Reyes
Berg             Frommer           Longville        Richman
Bermudez         Garcia            Lowenthal        Ridley-Thomas
Bogh             Goldberg          Maddox           Runner
Calderon         Hancock           Maldonado        Salinas
Campbell         Harman            Matthews         Samuelian
Canciamilla      Horton, Jerome    Maze             Simitian
Chan             Horton, Shirley   McCarthy         Spitzer
Chavez           Houston           Montanez         Steinberg
Chu              Jackson           Mountjoy         Strickland
Cogdill          Keene             Mullin           Vargas
Cohn             Kehoe             Nakanishi        Wiggins
Corbett          Koretz            Nakano           Wolk
Correa           La Malfa          Nation           Wyland
Cox              La Suer           Negrete McLeod   Yee
Daucher          Laird             Nunez            Mr. Speaker
Diaz             Leno              Pacheco
Dutra            Leslie            Parra
Dec. 9, 2002               ASSEMBLY JOURNAL                             71
                                    PRAYER
   Upon invitation of Speaker pro Tempore Kehoe, the following prayer
was offered by Assembly Chaplain Rev. Constantine C. Pappademos:
   Lord, We gather this first day of the Special Session and we pray to
You. Guide our hearts and our minds to do Your will in our deliberations
and lead us to decisions that prove us to be good stewards of the
responsibility entrusted to us by the people of this great state. In all we
do let our hearts always turn to You, since denial of Your existence will
inevitably lead to a contempt for humanity. We glorify Your holy name,
O Lord, and we ask for Your blessing.—AMEN.
                 PLEDGE OF ALLEGIANCE TO THE FLAG
 Upon request of Speaker pro Tempore Kehoe, Assembly Member
Montanez then led the Assembly in the pledge of allegiance to the Flag.
        MOTION TO DISPENSE WITH READING OF THE JOURNAL
   Further reading of the Journal of the previous legislative day was
dispensed with on motion of Assembly Member Firebaugh, seconded
by Assembly Member Cogdill.
                   LEAVES OF ABSENCE FOR THE DAY
  By unanimous consent, the following Assembly Members were
granted leaves of absence for the day:
  On legislative business: Assembly Member Haynes.
  Because of illness: Assembly Member Oropeza.
                       EXPLANATIONS OF ABSENCE
  Pursuant to the Assembly Rules, the following explanation of
absence was ordered printed in the Journal:
                                                December 6, 2002
The Honorable Herb Wesson
  Speaker of the House
    California State Assembly
      Room 219, State Capitol
        Sacramento, California
  Dear Mr. Speaker: Please excuse me from Assembly Session on
Monday, December 9, 2002, due to legislative business.
            Sincerely,
                              RAY HAYNES, Assembly Member
                              Sixty-sixth District
                           ADJOURN IN MEMORY
  Assembly Member Nakano was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Deputy David Powell, of the Los Angeles County Sheriff’s
Department.
  (Assembly Rule 45.5 suspended.)
  Assembly Member La Malfa was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Archie Boek, of Redding.
  (Assembly Rule 45.5 suspended.)
72                            ASSEMBLY JOURNAL                         Dec. 9, 2002
                                COMMUNICATIONS
  The following communication was presented by the Chief Clerk, and
ordered printed in the Journal:
                                                    December 4, 2002
E. Dotson Wilson
  Chief Clerk
    State Capitol, Room 3196
      Sacramento, California
  Dear Mr. Wilson: This letter is to state for the record that I choose to
waive my per diem for the 2003–04 legislative session.
  Thank you for your assistance.
            Sincerely,
                      DARRELL STEINBERG, Assembly Member
                      Ninth District
                     FIRST READING OF ASSEMBLY BILLS
   The following bills were read the first time:
  ASSEMBLY BILL NO. 57—Bates. An act to amend Section 11055 of the Health
and Safety Code, relating to controlled substances.
  ASSEMBLY BILL NO. 58—Bates. An act to amend Section 13308 of the Water
Code, relating to water, and making an appropriation therefor.
  ASSEMBLY BILL NO. 59—Dymally. An act to add Chapter 4.5 (commencing with
Section 8305) to Division 1 of Title 2 of the Government Code, relating to state history
and culture.
   ASSEMBLY BILL NO. 60—Dymally. An act to amend Sections 89416 and 89416.3
of, and to amend the heading of Chapter 4.2 (commencing with Section 89416) of Part
55 of, the Education Code, relating to the California State University.
   ASSEMBLY BILL NO. 61—Dymally. An act to amend Section 1 of Chapter 78 of
the Statutes of 1993, relating to Compton Unified School District.
  ASSEMBLY BILL NO. 62—Bermudez. An act to add Section 5101.10 to the
Vehicle Code, relating to vehicles.
   ASSEMBLY BILL NO. 63—Cogdill and Garcia. An act to add and repeal Sections
17053.18 and 23638 of the Revenue and Taxation Code, relating to taxation, to take
effect immediately, tax levy.
  ASSEMBLY BILL NO. 64—Pacheco. An act to amend Section 84750 of the
Education Code, relating to community colleges.
                                   RESOLUTIONS
   The following resolutions were read:
  ASSEMBLY CONCURRENT RESOLUTION NO. 7—Daucher (Coauthor:
Pacheco) (Coauthor: Senator Ackerman). Relative to California Highway Patrol
Officer Don J. Burt Memorial Highway.
  ASSEMBLY CONCURRENT RESOLUTION NO. 8—Dymally. Relative to the
Charles R. Drew University of Medicine and Science.
                  SENATE CONCURRENT RESOLUTION NO. 1
                        REFERRED TO COMMITTEE
  Speaker pro Tempore Kehoe referred Senate Concurrent Resolution
No. 1 to the Committee on Rules.
Dec. 9, 2002               ASSEMBLY JOURNAL                         73
                        CAUCUS ANNOUNCEMENTS
  At 12:15 p.m., by unanimous consent, the Democratic Caucus was
permitted to meet in the Assembly Lounge, and the Republican Caucus
was permitted to meet in the Tom Bane Rules Committee Room.
                                    RECESS
  By unanimous consent, at 12:16 p.m., Speaker pro Tempore Kehoe
declared the Assembly recessed.
                               RECONVENED
  At 1:11 p.m., the Assembly reconvened.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
                                    RECESS
  By unanimous consent, at 1:11 p.m., Speaker pro Tempore Kehoe
declared the Assembly recessed.
                               RECONVENED
  At 1:26 p.m., the Assembly reconvened.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
                           ADJOURN IN MEMORY
  Assembly Member Pacheco was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Jeff Holstien, of Orange.
  (Assembly Rule 45.5 suspended.)
   Assembly Member Dymally was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Hon. Bill Greene, former California State Senator
from 1975–1992.
   Assembly Member Liu was granted unanimous consent that when the
Assembly adjourns on this day it do so out of respect to the memory of
Paul Reed, of Guilford, Connecticut.
   Assembly Member Leslie was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Essie Floyd, of Benicia; Robert James Martin, of Moraga Valley; and
Dorothy Brock, of Roseville.
   Assembly Member Nation was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Ellen T. Straus, of Marin County.
                           MOTION TO ADJOURN
  At 1:27 p.m., Assembly Member Firebaugh moved that the Assembly
do now adjourn.
  Assembly Member Strickland seconded the motion.
  Motion carried.
          QUORUM CALL OF THE ASSEMBLY DISPENSED WITH
   At 1:27 p.m., Speaker pro Tempore Kehoe declared the quorum call
of the Assembly dispensed with.
74                           ASSEMBLY JOURNAL                      Dec. 9, 2002
                  INTRODUCTION AND FIRST READING OF
                           ASSEMBLY BILLS
  The following bills were introduced and read the first time:
  ASSEMBLY BILL NO. 65—Dymally. An act to add Section 5019.90 to the Public
Resources Code, relating to state parks.
  ASSEMBLY BILL NO. 66—Leslie. An act to amend Section 91.5 of the Streets and
Highways Code, and to add Article 5 (commencing with Section 330) to Chapter 2.5 of
Division 1 of the Water Code, relating to waterways.
                                 RESOLUTIONS
  The following resolution was offered:
  ASSEMBLY CONCURRENT RESOLUTION NO. 9—Dymally. Relative to
community colleges.
                                ADJOURNMENT
   At 3 p.m., pursuant to the motion by Assembly Member Firebaugh,
the Assembly adjourned until 12 noon, Monday, January 6, 2003, out of
respect to the memory of Deputy David Powell, on motion of Assembly
Member Nakano; out of respect to the memory of Archie Boek, on
motion of Assembly Member La Malfa; out of respect to the memory of
Jeff Holstien, on motion of Assembly Member Pacheco; out of respect
to the memory of Hon. Bill Greene, on motion of Assembly Member
Dymally; out of respect to the memory of Paul Reed, on motion of
Assembly Member Liu; out of respect to the memory of Essie Floyd,
Robert James Martin, and Dorothy Brock, on motion of Assembly
Member Leslie; and out of respect to the memory of Ellen T. Straus, on
motion of Assembly Member Nation.


  HERB J. WESSON, JR., Speaker
                                         PAM CAVILEER, Minute Clerk
Dec. 10, 2002            ASSEMBLY JOURNAL                            75



                 CALIFORNIA LEGISLATURE
                    2003–04 REGULAR SESSION




    ASSEMBLY JOURNAL
                       RECESS JOURNAL NO. 2



                      ORGANIZATIONAL RECESS


                                 Assembly Chamber, Sacramento
                                       Tuesday, December 10, 2002
  Pursuant to the provisions of Joint Rule 59, the following Assembly
Journal for the Regular Session was printed while the Assembly was in
Organizational Recess.
                          COMMUNICATIONS
  The following communications were presented by the Speaker and
ordered printed in the Journal:
                                                  December 10, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Commission on Structural Challenges to
Budgeting in California for the 2003–04 Regular Session:
  Speaker Herb J. Wesson, Chair
  Assemblymember Dave Cox, Vice Chair
  Assemblymember Jenny Oropeza
  Assemblymember John Campbell
  Assemblymember Patricia Bates
  Assemblymember Joe Canciamilla
  Assemblymember John Dutra
  Assemblymember Jackie Goldberg
  Assemblymember Bill Maze
  Assemblymember Sharon Runner
  Assemblymember Darrell Steinberg
  Assemblymember Tony Strickland
  Assemblymember Joe Nation, Democratic Alternate
  Assemblymember Rick Keene, Republican Alternate
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
76                       ASSEMBLY JOURNAL                Dec. 10, 2002
                                                  December 10, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Rules Committee for the 2003–04 Regular
Session:
  Assemblymember Joe Nation, Chair
  Assemblymember Dave Cogdill, Vice Chair
  Assemblymember John Benoit
  Assemblymember Ron Calderon
  Assemblymember Judy Chu
  Assemblymember Mervyn Dymally
  Assemblymember Tim Leslie
  Assemblymember Cindy Montanez
  Assemblymember Loni Hancock, Democratic Alternate
  Assemblymember Lynn Daucher, Republican Alternate
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
                                                  December 10, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Budget Committee for the 2003–04 Regular
Session, and have increased the size of the Committee from 29 to
31 members:
  Assemblymember Jenny Oropeza, Chair
  Assemblymember John Campbell, Vice Chair
  Assemblymember Patricia Bates
  Assemblymember John Benoit
  Assemblymember Rudy Bermudez
  Assemblymember Joe Canciamilla
  Assemblymember Wilma Chan
  Assemblymember Judy Chu
  Assemblymember Dave Cogdill
  Assemblymember Lynn Daucher
  Assemblymember Manny Diaz
  Assemblymember John Dutra
  Assemblymember Mervyn Dymally
  Assemblymember Dario Frommer
  Assemblymember Jackie Goldberg
  Assemblymember Tom Harman
  Assemblymember Ray Haynes
  Assemblymember Hannah-Beth Jackson
  Assemblymember Rick Keene
  Assemblymember Lloyd Levine
  Assemblymember Carol Liu
Dec. 10, 2002            ASSEMBLY JOURNAL                            77
  Assemblymember Bill Maze
  Assemblymember Kevin McCarthy
  Assemblymember Cindy Montanez
  Assemblymember George Nakano
  Assemblymember Robert Pacheco
  Assemblymember Fran Pavley
  Assemblymember Sarah Reyes
  Assemblymember Sharon Runner
  Assemblymember Joe Simitian
  Assemblymember Lois Wolk
          Sincerely,
                            HERB J. WESSON, JR.
                            Speaker of the California Assembly
                                                  December 10, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Budget Subcommittee #1—Health and
Human Services for the 2003–04 Regular Session:
  Assemblymember Judy Chu, Chair
  Assemblymember Mervyn Dymally
  Assemblymember Dario Frommer
  Assemblymember Ray Haynes
  Assemblymember Robert Pacheco
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
                                                  December 10, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Budget Subcommittee #2—Education
Finance for the 2003–04 Regular Session:
  Assemblymember Joe Simitian, Chair
  Assemblymember Wilma Chan
  Assemblymember Lynn Daucher
  Assemblymember Jackie Goldberg
  Assemblymember Carol Liu
  Assemblymember Sharon Runner
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
78                       ASSEMBLY JOURNAL                Dec. 10, 2002
                                                  December 10, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Budget Subcommittee #3—Resources for the
2003–04 Regular Session:
  Assemblymember Fran Pavley, Chair
  Assemblymember Joe Canciamilla
  Assemblymember Tom Harman
  Assemblymember Hannah-Beth Jackson
  Assemblymember Bill Maze
  Assemblymember Kevin McCarthy
  Assemblymember Cindy Montanez
  Assemblymember Lois Wolk
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
                                               December 10, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
     State Capitol, Room 3196
       Sacramento, California
   Dear Dotson: This is to advise you that I have appointed the
following members to the Assembly Budget Subcommittee #4—State
Administration for the 2003–04 Regular Session:
   Assemblymember Rudy Bermudez, Chair
   Assemblymember Dave Cogdill
   Assemblymember Rick Keene
   Assemblymember George Nakano
   Assemblymember Sarah Reyes
             Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
Dec. 10, 2002                ASSEMBLY JOURNAL                                    79
                                                  December 10, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Budget Subcommittee #5—Information
Technology/Transportation for the 2003–04 Regular Session:
  Assemblymember Manny Diaz, Chair
  Assemblymember Patricia Bates
  Assemblymember John Benoit
  Assemblymember John Dutra
  Assemblymember Lloyd Levine
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
                    INTRODUCTION OF ASSEMBLY BILLS
  The following bill was introduced:
   ASSEMBLY BILL NO. 67—Negrete McLeod. An act to amend Sections 20161,
20467, 20530.1, 20533, 20752, 20814, 20822, 20826, 20903, 21051, 21261, 21407,
21424, 21465, 21499, 21535, 21621, 22857, 50953, 75093, 75094, 75580, and 75590
of, to amend and renumber Section 75030.9 of, to amend the heading of Part 3.4
(commencing with Section 21750) of Division 5 of Title 2 of, to add Sections 9359.02,
75031.5, and 75506.6 to, and to repeal Sections 20162, 20791, 20794, 20795, 20796,
20800, 20801, 20802, 20804, 20807, 20908, 21000, 21262, and 21401 of, the
Government Code, relating to public employees’ retirement, making an appropriation
therefor, and declaring the urgency thereof, to take effect immediately.



  HERB J. WESSON, JR., Speaker
                                          PAM CAVILEER, Minute Clerk
Dec. 11, 2002                   ASSEMBLY JOURNAL                                        81



                      CALIFORNIA LEGISLATURE
                         2003–04 REGULAR SESSION



     ASSEMBLY JOURNAL
                              RECESS JOURNAL NO. 3


                            ORGANIZATIONAL RECESS

                                 Assembly Chamber, Sacramento
                                    Wednesday, December 11, 2002
  Pursuant to the provisions of Joint Rule 59, the following Assembly
Journal for the 2003–04 Regular Session was printed while the
Assembly was in Organizational Recess.
                      INTRODUCTION OF ASSEMBLY BILLS
   The following bills were introduced:
  ASSEMBLY BILL NO. 68—Simitian. An act relating to the Internet.
  ASSEMBLY BILL NO. 69—Correa. An act relating to business.
  ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 5—Cogdill and Garcia.
A resolution to propose to the people of the State of California an amendment to the
Constitution of the State, by adding Section 1.5 to Article XIIIA thereof, relating to local
government finance.
                                    RESOLUTIONS
   The following resolution was offered:
  ASSEMBLY CONCURRENT RESOLUTION NO. 10—Dymally. Relative to
pupil health.



   HERB J. WESSON, JR., Speaker
                                              PAM CAVILEER, Minute Clerk
Dec. 13, 2002                 ASSEMBLY JOURNAL                                    83



                     CALIFORNIA LEGISLATURE
                        2003–04 REGULAR SESSION



     ASSEMBLY JOURNAL
                            RECESS JOURNAL NO. 4


                          ORGANIZATIONAL RECESS

                                 Assembly Chamber, Sacramento
                                        Friday, December 13, 2002
  Pursuant to the provisions of Joint Rule 59, the following Assembly
Journal for the 2003–04 Regular Session was printed while the
Assembly was in Organizational Recess.
                     INTRODUCTION OF ASSEMBLY BILLS
   The following bills were introduced:
  ASSEMBLY BILL NO. 70—Wyland. An act to amend Section 530.5 of the Penal
Code, relating to identity theft.
   ASSEMBLY BILL NO. 71—Jerome Horton. An act to add Division 8.6
(commencing with Section 22970) to the Business and Professions Code, to add Section
15618.5 to the Government Code, to amend Section 830.11 of the Penal Code, and to
amend Sections 30436, 30449, 30473.5, 30474, and 30481 of, to amend, repeal, and add
Section 30166 of, to add Sections 30019, 30163.1, 30166.1, 30474.1, and 30482 to, and
to add Article 2.5 (commencing with Section 30210) and Article 5 (commencing with
Section 30355) to Part 13 of Division 2 of, the Revenue and Taxation Code, relating to
cigarettes and tobacco products, making an appropriation therefor, and declaring the
urgency thereof, to take effect immediately.
                                  RESOLUTIONS
   The following resolution was offered:
  ASSEMBLY CONCURRENT RESOLUTION NO. 11—Cohn. Relative to Health
Cares About Domestic Violence Day.



   HERB J. WESSON, JR., Speaker
                                           PAM CAVILEER, Minute Clerk
Dec. 19, 2002                ASSEMBLY JOURNAL                                    85



                    CALIFORNIA LEGISLATURE
                       2003–04 REGULAR SESSION



     ASSEMBLY JOURNAL
                           RECESS JOURNAL NO. 5


                          ORGANIZATIONAL RECESS

                                 Assembly Chamber, Sacramento
                                      Thursday, December 19, 2002
  Pursuant to the provisions of Joint Rule 59, the following Assembly
Journal for the 2003–04 Regular Session was printed while the
Assembly was in Organizational Recess.
                    INTRODUCTION OF ASSEMBLY BILLS
  The following bills were introduced:
  ASSEMBLY BILL NO. 72—Bates. An act to amend Sections 8212 and 8226 of the
Education Code, and to amend Sections 1596.859 and 1596.890 of the Health and
Safety Code, relating to child care.
  ASSEMBLY BILL NO. 73—Lowenthal. An act to add Section 4003 to the
Financial Code, relating to unsolicited checks.
  ASSEMBLY BILL NO. 74—Mountjoy. An act to amend Sections 2800.1, 2800.2,
2800.3, and 40000.7 of the Vehicle Code, relating to vehicles.
  ASSEMBLY BILL NO. 75—Negrete McLeod. An act to amend Sections 20835,
21460, and 21625 of, and to add Section 21626.5 to, the Government Code, relating to
public employees’ death benefits.
                                 RESOLUTIONS
  The following resolution was offered:
  HOUSE RESOLUTION NO. 6—Dymally. Relative to Bill Greene.



  HERB J. WESSON, JR., Speaker
                                          PAM CAVILEER, Minute Clerk
Dec. 23, 2002                ASSEMBLY JOURNAL                                   87



                    CALIFORNIA LEGISLATURE
                       2003–04 REGULAR SESSION



    ASSEMBLY JOURNAL
                           RECESS JOURNAL NO. 6


                          ORGANIZATIONAL RECESS

                               Assembly Chamber, Sacramento
                                     Monday, December 23, 2002
  Pursuant the provisions of Joint Rule 59, the following Assembly
Journal for the 2003–04 Regular Session was printed while the
Assembly was in Organizational Recess.
                    INTRODUCTION OF ASSEMBLY BILLS
  The following bills were introduced:
  ASSEMBLY BILL NO. 76—Corbett. An act to amend Section 12940 of the
Government Code, relating to unlawful employment practices.
  ASSEMBLY BILL NO. 77—La Suer. An act to amend Section 170048 of the Public
Utilities Code, relating to airports.
  ASSEMBLY BILL NO. 78—Reyes. An act to add Section 51221.4 to the Education
Code, relating to curriculum.
   ASSEMBLY BILL NO. 79—Dutra. An act to add and repeal Section 7550.5 of the
Government Code, relating to public agencies, and declaring the urgency thereof, to
take effect immediately.



  HERB J. WESSON, JR., Speaker
                                         PAM CAVILEER, Minute Clerk
Jan. 6, 2003                     ASSEMBLY JOURNAL                                            89

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                          Monday, January 6, 2003

                              THIRD SESSION DAY

                      THIRTY-SIXTH CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
90                       ASSEMBLY JOURNAL                Jan. 6, 2003


              PROCEEDINGS OF THE ASSEMBLY

                            IN ASSEMBLY


                             Assembly Chamber, Sacramento
                                        Monday, January 6, 2003
  The Assembly met at 11 a.m.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Brian Ebbert reading.
                               ROLL CALL
  The roll was called.
                     Quorum Call of the Assembly
  Assembly Member Cogdill moved a quorum call of the Assembly.
  Motion carried. Time, 11:01 a.m.
  The Speaker pro Tempore directed the Sergeant at Arms to close the
doors, and to bring in the absent Members.
                            Quorum Present
  At 11:10 a.m., Speaker pro Tempore Kehoe declared a quorum of the
Assembly present.
  The roll call was completed, and the following answered to their
names—76:
Aghazarian       Dutra             Leslie           Pacheco
Bates            Dutton            Levine           Parra
Benoit           Dymally           Lieber           Pavley
Berg             Firebaugh         Liu              Plescia
Bermudez         Frommer           Longville        Reyes
Bogh             Garcia            Lowenthal        Richman
Calderon         Goldberg          Maddox           Ridley-Thomas
Campbell         Hancock           Maldonado        Runner
Canciamilla      Harman            Matthews         Salinas
Chan             Haynes            Maze             Samuelian
Chavez           Horton, Shirley   McCarthy         Simitian
Chu              Houston           Montanez         Spitzer
Cogdill          Jackson           Mountjoy         Steinberg
Cohn             Keene             Mullin           Strickland
Corbett          Kehoe             Nakanishi        Vargas
Correa           La Malfa          Nakano           Wiggins
Cox              La Suer           Nation           Wolk
Daucher          Laird             Negrete McLeod   Wyland
Diaz             Leno              Oropeza          Yee
Jan. 6, 2003              ASSEMBLY JOURNAL                               91
                                 PRAYER
   Upon invitation of Speaker pro Tempore Kehoe, the following
prayer was offered by Assembly Alternate Chaplain Rev. Ivan L.
Williams, Sr.:
   Father, We come this morning believing that You will hear our prayer.
We thank You for grace and life in this New Year. Help us to practice
better our brother and sisterhood to all. And on this new day we ask for
Your blessings and Divine Presence to guide this august Assembly in
their every deliberation. Give, I pray, O God, this Assembly constant
faith and steady courage to face the daunting tasks that lie ahead. We
pray for a new spirit that will help us to continue to trust in You and seek
Your wisdom in all matters. And we thank You, O God, in advance. In
Thy name we pray.—AMEN!
                 PLEDGE OF ALLEGIANCE TO THE FLAG
  Upon request of Speaker pro Tempore Kehoe, Assembly Member
Pavley then led the Assembly in the pledge of allegiance to the Flag.
               READING OF THE JOURNAL DISPENSED WITH
   By unanimous consent, reading of the Journal of the previous
legislative day was dispensed with.
                   LEAVES OF ABSENCE FOR THE DAY
  By unanimous consent, the following Assembly Members were
granted leaves of absence for the day:
  On legislative business: Assembly Member Wesson.
  Because of illness: Assembly Members Jerome E. Horton and Koretz.
  Because of travel delays: Assembly Member Nunez.
                      EXPLANATIONS OF ABSENCE
  Pursuant to the Assembly Rules, the following explanation of
absence was ordered printed in the Journal:
                                                     January 6, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I will be absent from Session
today on legislative business.
            Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
92                       ASSEMBLY JOURNAL                  Jan. 6, 2003
                          COMMUNICATIONS
  The following communications were presented by the Speaker, and
ordered printed in the Journal:
                                            December 19, 2002
Mr. E. Dotson Wilson
  Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
     RE: Reappointment of Lawrence P. Davis
         to California Exposition and State Fair Board of Directors
   Dear Mr. Wilson: Please be advised I have reappointed Mr. Lawrence
P. Davis to the California Exposition and State Fair Board of Directors.
This is a term appointment that will start January 1, 2003 and the
expiration date is December 31, 2006.
             Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
                                                 December 19, 2002
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
     RE: Reappointment of Louis Meyer
         to Commission on Emergency Medical Services
   Dear Mr. Wilson: Please be advised I have reappointed Mr. Louis K.
Meyer to the Commission on Emergency Medical Services. This is a
term appointment that will start January 1, 2003 and the expiration date
is January 1, 2006.
             Sincerely,
                                  HERB J. WESSON, JR.
                                  Speaker of the California Assembly
Jan. 6, 2003            ASSEMBLY JOURNAL                           93
                                               December 19, 2002
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:    Appointment of Welton Mansfield
         to Milton Marks ‘‘Little Hoover’’ Commission on
         California State Government Organization and Economy
  Dear Mr. Wilson: Please be advised I have appointed Mr. Welton
Mansfield to the Milton Marks ‘‘Little Hoover’’ Commission on
California State Government Organization and Economy. This is a term
appointment that will start January 1, 2003 and the expiration date is
January 1, 2007. Mr. Mansfield will be replacing Dr. Eric Sckockman.
             Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
                                               December 19, 2002
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:   Appointment of Jose Fernandez
        to Medical Board of California
  Dear Mr. Wilson: Please be advised I have appointed Mr. Jose
Fernandez to the Medical Board of California. This is a term
appointment that will start January 1, 2003 and the expiration date
is June 1, 2003. Mr. Fernandez will be replacing Supervisor
Donna Gerber.
           Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
94                      ASSEMBLY JOURNAL                  Jan. 6, 2003
                                                December 19, 2002
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
     RE:  Appointment of David Lizarraga
          to New Motor Vehicle Board
   Dear Mr. Wilson: Please be advised I have appointed Mr. David
Lizarraga to the New Motor Vehicle Board. This is a term appointment
that will start January 15, 2003 and the expiration date is January 15,
2007. Mr. Lizarraga will be replacing Ms. Wendy Brogin.
              Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
                                                December 19, 2002
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
     RE:Appointment of Toni Atkins
        to San Diego River Conservancy
  Dear Mr. Wilson: Please be advised I have appointed Councilmember
Toni Atkins to the San Diego River Conservancy. This is a term
appointment that will start January 1, 2003 and the expiration date is
January 1, 2007.
            Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
                                                December 19, 2002
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
     RE: Appointment of Sondra Browning
         to Veterinary Medical Board
   Dear Mr. Wilson: Please be advised I have appointed Ms. Sondra
Browning to the Veterinary Medical Board. This is a term appointment
starting December 19, 2002 and the expiration date is June 1, 2006.
Ms. Browning will be replacing Ms. Ellen O’Connor.
             Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
Jan. 6, 2003             ASSEMBLY JOURNAL                            95
                                              December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
     State Capitol, Room 3196
       Sacramento, California
   Dear Dotson: This is to advised you that I have appointed the
following members to the Assembly Aging and Long-Term Care
Committee for the 2003–04 Regular Session:
   Assemblymember Lynn Daucher, Chair
   Assemblymember Patty Berg, Vice Chair
   Assemblymember Wilma Chan
   Assemblymember Sally Lieber
   Assemblymember Alan Nakanishi
   One Democratic vacancy
             Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                  December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Agriculture Committee for the 2003–04
Regular Session:
  Assemblymember Barbara Matthews, Chair
  Assemblymember Abel Maldonado, Vice Chair
  Assemblymember Patty Berg
  Assemblymember Dave Cogdill
  Assemblymember Ken Maddox
  Assemblymember Bill Maze
  Assemblymember Jenny Oropeza
  Assemblymember Nicole Parra
  Assemblymember Sarah Reyes
  Assemblymember Simon Salinas
  Assemblymember Juan Vargas
  Assemblymember Patricia Wiggins
          Sincerely,
                            HERB J. WESSON, JR.
                            Speaker of the California Assembly
96                       ASSEMBLY JOURNAL                  Jan. 6, 2003
                                              December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed
Assemblymember Loni Hancock to replace Assemblymember
Dario Frommer on the Assembly Budget Committee for the 2003–04
Regular Session.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                  December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Appropriations Committee for the 2003–04
Regular Session:
     Assemblymember Darrell Steinberg, Chair
     Assemblymember Patricia Bates, Vice Chair
     Assemblymember Patty Berg
     Assemblymember Ron Calderon
     Assemblymember Rebecca Cohn
     Assemblymember Ellen Corbett
     Assemblymember Lou Correa
     Assemblymember Lynn Daucher
     Assemblymember Manny Diaz
     Assemblymember Marco Firebaugh
     Assemblymember Jackie Goldberg
     Assemblymember Ray Haynes
     Assemblymember Mark Leno
     Assemblymember Abel Maldonado
     Assemblymember Gloria Negrete McLeod
     Assemblymember Joe Nation
     Assemblymember Fabian Nunez
     Assemblymember Robert Pacheco
     Assemblymember Fran Pavley
     Assemblymember Mark Ridley-Thomas
     Assemblymember Sharon Runner
     Assemblymember Steven Samuelian
     Assemblymember Joe Simitian
     Assemblymember Patricia Wiggins
     Assemblymember Leland Yee
             Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
Jan. 6, 2003             ASSEMBLY JOURNAL                             97
                                                   December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
     State Capitol, Room 3196
       Sacramento, California
   Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Arts, Entertainment, Sports, Tourism, and
Internet Media Committee for the 2003–04 Regular Session:
  Assemblymember Rebecca Cohn, Chair
  Assemblymember Tim Leslie, Vice Chair
  Assemblymember Russ Bogh
  Assemblymember Joe Canciamilla
  Assemblymember Ed Chavez
  Assemblymember Marco Firebaugh
  Assemblymember Dario Frommer
  Assemblymember Jerome Horton
  Assemblymember Christine Kehoe
  Assemblymember Doug La Malfa
  Assemblymember John Longville
  Assemblymember Barbara Matthews
  Assemblymember George Nakano
  Assemblymember Fran Pavley
  Assemblymember Sarah Reyes
  Assemblymember Keith Richman
  Assemblymember Mark Ridley-Thomas
  Assemblymember Steven Samuelian
  Assemblymember Tony Strickland
          Sincerely,
                            HERB J. WESSON, JR.
                            Speaker of the California Assembly
98                       ASSEMBLY JOURNAL                  Jan. 6, 2003
                                                  December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Banking and Finance Committee for the
2003–04 Regular Session:
     Assemblymember Patricia Wiggins, Chair
     Assemblymember Russ Bogh, Vice Chair
     Assemblymember Ron Calderon
     Assemblymember Wilma Chan
     Assemblymember Ed Chavez
     Assemblymember Ellen Corbett
     Assemblymember Lou Correa
     Assemblymember Guy Houston
     Assemblymember Tim Leslie
     Assemblymember Cindy Montanez
     Assemblymember Tony Strickland
     Assemblymember Juan Vargas
             Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
                                                  December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Business and Professions Committee for the
2003–04 Regular Session:
     Assemblymember Lou Correa, Chair
     Assemblymember Shirley Horton, Vice Chair
     Assemblymember Greg Aghazarian
     Assemblymember Rudy Bermudez
     Assemblymember Ellen Corbett
     Assemblymember Paul Koretz
     Assemblymember Abel Maldonado
     Assemblymember Joe Nation
     Assemblymember Juan Vargas
     Assemblymember Mark Wyland
     Assemblymember Leland Yee
             Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
Jan. 6, 2003             ASSEMBLY JOURNAL                            99
                                                  December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Education Committee for the 2003–04
Regular Session:
  Assemblymember Jackie Goldberg, Chair
  Assemblymember George Plescia, Vice Chair
  Assemblymember Rebecca Cohn
  Assemblymember Manny Diaz
  Assemblymember Bonnie Garcia
  Assemblymember Loni Hancock
  Assemblymember Carol Liu
  Assemblymember Gene Mullin
  Assemblymember Fran Pavley
  Assemblymember Sarah Reyes
  Assemblymember Mark Wyland
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
                                                  December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Elections, Redistricting and Constitutional
Amendments Committee for the 2003–04 Regular Session:
  Assemblymember John Longville, Chair
  Assemblymember Steven Samuelian, Vice Chair
  Assemblymember Jerome Horton
  Assemblymember Lloyd Levine
  Assemblymember Fabian Nunez
  Assemblymember Tony Strickland
  One Democratic vacancy
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
100                      ASSEMBLY JOURNAL                   Jan. 6, 2003
                                                  December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Environmental Safety and Toxic Materials
Committee for the 2003–04 Regular Session:
  Assemblymember John Laird, Chair
  Assemblymember Greg Aghazarian, Vice Chair
  Assemblymember Judy Chu
  Assemblymember Lloyd Levine
  Assemblymember Sally Lieber
  Assemblymember Alan Lowenthal
  Assemblymember Ken Maddox
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
                                                   December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
     State Capitol, Room 3196
       Sacramento, California
   Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Governmental Organization Committee for
the 2003–04 Regular Session:
   Assemblymember Jerome Horton, Chair
   Assemblymember Tony Strickland, Vice Chair
   Assemblymember Rudy Bermudez
   Assemblymember Ron Calderon
   Assemblymember Joe Canciamilla
   Assemblymember Ed Chavez
   Assemblymember Rebecca Cohn
   Assemblymember Ellen Corbett
   Assemblymember Mervyn Dymally
   Assemblymember Marco Firebaugh
   Assemblymember Dario Frommer
   Assemblymember Tom Harman
   Assemblymember Jay La Suer
   Assemblymember Lloyd Levine
   Assemblymember Carol Liu
   Assemblymember John Longville
   Assemblymember Ken Maddox
   Assemblymember Kevin McCarthy
   Assemblymember Gloria Negrete McLeod
Jan. 6, 2003             ASSEMBLY JOURNAL                           101
  Assemblymember Fabian Nunez
  Assemblymember Sarah Reyes
  Assemblymember Steven Samuelian
  Assemblymember Patricia Wiggins
  Assemblymember Mark Wyland
  Assemblymember Leland Yee
          Sincerely,
                            HERB J. WESSON, JR.
                            Speaker of the California Assembly
                                                  December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Health Committee in the 2003–04
Regular Session:
  Assemblymember Dario Frommer, Chair
  Assemblymember Robert Pacheco, Vice Chair
  Assemblymember Patricia Bates
  Assemblymember Wilma Chan
  Assemblymember Ed Chavez
  Assemblymember Judy Chu
  Assemblymember Rebecca Cohn
  Assemblymember Robert Dutton
  Assemblymember Jackie Goldberg
  Assemblymember Ray Haynes
  Assemblymember Paul Koretz
  Assemblymember Bill Maze
  Assemblymember Gloria Negrete McLeod
  Assemblymember Kevin McCarthy
  Assemblymember Cindy Montanez
  Assemblymember Alan Nakanishi
  Assemblymember George Nakano
  Assemblymember Fabian Nunez
  Assemblymember George Plescia
  Assemblymember Keith Richman
  Assemblymember Mark Ridley-Thomas
  Assemblymember Simon Salinas
  Assemblymember Lois Wolk
  Assemblymember Leland Yee
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
102                      ASSEMBLY JOURNAL                  Jan. 6, 2003
                                                  December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Higher Education Committee for the
2003–04 Regular Session:
  Assemblymember Carol Liu, Chair
  Assemblymember Alan Nakanishi, Vice Chair
  Assemblymember Patricia Berg
  Assemblymember Russ Bogh
  Assemblymember Mervyn Dymally
  Assemblymember Shirley Horton
  Assemblymember Hannah-Beth Jackson
  Assemblymember Alan Lowenthal
  Assemblymember Barbara Matthews
  Assemblymember Gloria Negrete McLeod
  Assemblymember Tony Strickland
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
                                                  December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Housing and Community Development
Committee for the 2003–04 Regular Session:
  Assemblymember Alan Lowenthal, Chair
  Assemblymember Dennis Mountjoy, Vice Chair
  Assemblymember Dave Cogdill
  Assemblymember John Dutra
  Assemblymember Christine Kehoe
  Assemblymember Gene Mullin
  Assemblymember Sharon Runner
  Assemblymember Simon Salinas
  Assemblymember Darrell Steinberg
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
Jan. 6, 2003             ASSEMBLY JOURNAL                           103
                                                  December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Human Services Committee for the 2003–04
Regular Session:
  Assemblymember Lois Wolk, Chair
  Assemblymember Ray Haynes, Vice Chair
  Assemblymember John Dutra
  Assemblymember Bonnie Garcia
  Assemblymember Sally Lieber
  Assemblymember John Longville
  Assemblymember Gene Mullin
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
                                                  December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Insurance Committee for the 2003–04
Regular Session:
  Assemblymember Juan Vargas, Chair
  Assemblymember Ken Maddox, Vice Chair
  Assemblymember John Benoit
  Assemblymember Russ Bogh
  Assemblymember Ron Calderon
  Assemblymember John Campbell
  Assemblymember Ed Chavez
  Assemblymember Lou Correa
  Assemblymember Manny Diaz
  Assemblymember John Dutra
  Assemblymember Robert Dutton
  Assemblymember Dario Frommer
  Assemblymember Jerome Horton
  Assemblymember Paul Koretz
  Assemblymember Sally Lieber
  Assemblymember Dennis Mountjoy
  Assemblymember George Nakano
  Assemblymember Keith Richman
  Assemblymember Mark Ridley-Thomas
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
104                      ASSEMBLY JOURNAL                  Jan. 6, 2003
                                                  December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Jobs, Economic Development and the
Economy Committee for the 2003–04 Regular Session:
  Assemblymember Mark Ridley-Thomas, Chair
  Assemblymember Bonnie Garcia, Vice Chair
  Assemblymember Greg Aghazarian
  Assemblymember Russ Bogh
  Assemblymember Wilma Chan
  Assemblymember Shirley Horton
  Assemblymember Hannah-Beth Jackson
  Assemblymember Joe Nation
  Assemblymember Jenny Oropeza
  Assemblymember Nicole Parra
  Assemblymember Leland Yee
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
                                                  December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Judiciary Committee for the 2003–04
Regular Session:
  Assemblymember Ellen Corbett, Chair
  Assemblymember Tom Harman, Vice Chair
  Assemblymember Patricia Bates
  Assemblymember John Dutra
  Assemblymember Loni Hancock
  Assemblymember Hannah-Beth Jackson
  Assemblymember John Laird
  Assemblymember John Longville
  Assemblymember Cindy Montanez
  Assemblymember Robert Pacheco
  Assemblymember Todd Spitzer
  Assemblymember Darrell Steinberg
  Assemblymember Juan Vargas
  One Democratic vacancy
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
Jan. 6, 2003             ASSEMBLY JOURNAL                           105
                                                  December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Labor and Employment Committee for the
2003–04 Regular Session:
  Assemblymember Paul Koretz, Chair
  Assemblymember Gene Mullin, Vice Chair
  Assemblymember Judy Chu
  Assemblymember Loni Hancock
  Assemblymember Shirley Horton
  Assemblymember Guy Houston
  Assemblymember John Laird
  Assemblymember Gloria Negrete McLeod
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
                                                  December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Local Government Committee for the
2003–04 Regular Session:
  Assemblymember Simon Salinas, Chair
  Assemblymember Sally Lieber, Vice Chair
  Assemblymember Lynn Daucher
  Assemblymember Bonnie Garcia
  Assemblymember Tom Harman
  Assemblymember Jay La Suer
  Assemblymember Mark Leno
  Assemblymember Gene Mullin
  Assemblymember Joe Simitian
  Assemblymember Darrell Steinberg
  Assemblymember Patricia Wiggins
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
106                      ASSEMBLY JOURNAL                  Jan. 6, 2003
                                                  December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Natural Resources Committee for the
2003–04 Regular Session:
  Assemblymember Hannah-Beth Jackson, Chair
  Assemblymember Doug La Malfa, Vice Chair
  Assemblymember Loni Hancock
  Assemblymember Tom Harman
  Assemblymember Ray Haynes
  Assemblymember Rick Keene
  Assemblymember Paul Koretz
  Assemblymember John Laird
  Assemblymember Sally Lieber
  Assemblymember Alan Lowenthal
  Assemblymember Cindy Montanez
  Assemblymember Lois Wolk
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
                                                  December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Public Employees, Retirement and Social
Security Committee for the 2003–04 Regular Session:
  Assemblymember Gloria Negrete McLeod, Chair
  Assemblymember Lloyd Levine, Vice Chair
  Assemblymember Wilma Chan
  Assemblymember Lou Correa
  Assemblymember Christine Kehoe
  Assemblymember John Laird
  Assemblymember Abel Maldonado
  Assemblymember Alan Nakanishi
  Assemblymember Todd Spitzer
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
Jan. 6, 2003             ASSEMBLY JOURNAL                           107
                                                  December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Public Safety Committee for the 2003–04
Regular Session:
  Assemblymember Mark Leno, Chair
  Assemblymember Jay La Suer, Vice Chair
  Assemblymember Rudy Bermudez
  Assemblymember Manny Diaz
  Assemblymember Jackie Golderg
  Assemblymember Paul Koretz
  Assemblymember Todd Spitzer
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
                                                  December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Revenue and Taxation Committee for the
2003–04 Regular Session:
  Assemblymember Ed Chavez, Chair
  Assemblymember Mark Wyland, Vice Chair
  Assemblymember Tom Harman
  Assemblymember John Laird
  Assemblymember Mark Leno
  Assemblymember Joe Simitian
  One Democratic vacancy
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
108                      ASSEMBLY JOURNAL                  Jan. 6, 2003
                                                  December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Transportation Committee for the 2003–04
Regular Session:
  Assemblymember John Dutra, Chair
  Assemblymember Guy Houston, Vice Chair
  Assemblymember Patricia Bates
  Assemblymember John Benoit
  Assemblymember Patty Berg
  Assemblymember Judy Chu
  Assemblymember Christine Kehoe
  Assemblymember Jay La Suer
  Assemblymember Tim Leslie
  Assemblymember Carol Liu
  Assemblymember John Longville
  Assemblymember Dennis Mountjoy
  Assemblymember George Nakano
  Assemblymember Jenny Oropeza
  Assemblymember Nicole Parra
  Assemblymember Fran Pavley
  Assemblymember Simon Salinas
  Assemblymember Joe Simitian
  Assemblymember Todd Spitzer
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
Jan. 6, 2003             ASSEMBLY JOURNAL                           109
                                                  December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Utilities and Commerce Committee for the 2003–04
Regular Session:
  Assemblymember Sarah Reyes, Chair
  Assemblymember Keith Richman, Vice Chair
  Assemblymember Ron Calderon
  Assemblymember John Campbell
  Assemblymember Joe Canciamilla
  Assemblymember Manny Diaz
  Assemblymember Jerome Horton
  Assemblymember Doug La Malfa
  Assemblymember Jay La Suer
  Assemblymember Lloyd Levine
  Assemblymember Ken Maddox
  Assemblymember Fabian Nunez
  Assemblymember Mark Ridley-Thomas
  Assemblymember Lois Wolk
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
110                      ASSEMBLY JOURNAL                  Jan. 6, 2003
                                                  December 20, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Assembly Water, Parks and Wildlife Committee for the
2003–04 Regular Session:
  Assemblymember Joe Canciamilla, Chair
  Assemblymember Rick Keene, Vice Chair
  Assemblymember Patty Berg
  Assemblymember Rudy Bermudez
  Assemblymember Ellen Corbett
  Assemblymember Lynn Daucher
  Assemblymember Mervyn Dymally
  Assemblymember Dario Frommer
  Assemblymember Jackie Goldberg
  Assemblymember Shirley Horton
  Assemblymember Christine Kehoe
  Assemblymember Tim Leslie
  Assemblymember Alan Lowenthal
  Assemblymember Barbara Matthews
  Assemblymember Kevin McCarthy
  Assemblymember Nicole Parra
  Assemblymember Fran Pavley
  Assemblymember George Plescia
  Assemblymember Todd Spitzer
  Assemblymember Lois Wolk
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
                                                 December 20, 2002
E. Dotson Wilson
   Chief Clerk of the Assembly
      State Capitol, Room 3196
        Sacramento, California
   Dear Dotson: This is to advise you I have appointed
Assemblymembers Loni Hancock, Kevin McCarthy and Joe Nation to
fill the vacancies on the Joint Legislative Budget Committee.
              Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
Jan. 6, 2003            ASSEMBLY JOURNAL                          111
                                               December 20, 2002
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:   Appointment of Mark Whitlock
        to California Film Commission
   Dear Mr. Wilson: Please be advised I have appointed Reverend Mark
Whitlock to the California Film Commission. This is a pleasure
term appointment starting December 20, 2002 and the expiration
date is December 20, 2004. Reverend Whitlock will be replacing
Ms. Sandy Goldman.
            Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
                                                 December 23, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
   Dear Dotson: This is to advise you I have selected Assemblymember
Rebecca Cohn to serve as Chair of the Joint Legislative Audit
Committee. I have appointed Assemblymember Rick Keene to replace
Assemblymember        Lynn      Daucher      and     have    appointed
Assemblymembers Darrell Steinberg, Doug La Malfa and Dennis
Mountjoy to fill the three Assembly vacancies on the committee.
Assemblymembers Hannah-Beth Jackson and Christine Kehoe remain
as members of the committee.
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
112                       ASSEMBLY JOURNAL                    Jan. 6, 2003
                                                  December 30, 2002
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to serve on the Assembly Veterans Affairs Committee for the
2003–04 Regular Session:
  Assemblymember Nicole Parra, Chair
  Assemblymember Robert Dutton, Vice Chair
  Assemblymember Rebecca Cohn
  Assemblymember Tom Harman
  Assemblymember Christine Kehoe
  Assemblymember Barbara Matthews
  Assemblymember Dennis Mountjoy
  Assemblymember Gene Mullin
  Assemblymember George Nakano
  Assemblymember Sharon Runner
  Assemblymember Mark Wyland
  One Democratic vacancy
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly

                           Proposed Initiatives
  The following communications were presented by the Chief
Clerk from:
  Tricia Knight, Initiative Coordinator, Department of Justice, Office
of the Attorney General, Sacramento, transmitting copies of the title,
summary, and text of the following proposed initiatives, pursuant to
Section 9007, Elections Code:
          Energy Deregulation. Limit On Retail Electricity Rates.
                   Initiative Statute. SA 2002RF0022
  Referred by      the   Speaker    to   the   Committee     on     Utilities
and Commerce.
  The following communications were presented by the Chief
Clerk from:
  Richard P. West, Executive Vice Chancellor and Chief Financial
Officer, California State University, dated November 18, 2002,
submitting information relative to The California State University Final
Identified Project Savings Report, Fiscal Year 2001–02 (Pursuant to
Budget Act provisions).
  Referred by the Speaker to the Committee on Budget.
   Kelly Brodie, Executive Officer, California Victim Compensation
and Government Claims Board, dated December 2, 2002, submitting
information relative to the Conclusions and Recommendations on the
Child Life Specialist Pilot Program (Required by Government Code
Section 13968.5).
   Referred by the Speaker to the Committee on Public Safety.
Jan. 6, 2003              ASSEMBLY JOURNAL                               113
                                 REPORTS
  The following letters of transmittal were presented by the Chief Clerk
and ordered printed in the Journal:
                         California State Auditor
                                                           2002-106
                                                      December 4, 2002
The Honorable Speaker of the Assembly
  The Honorable Members of the Assembly
         of the Legislature of California
     State Capitol, Room 3196
       Sacramento, California
   Members of the Assembly: As requested by the Joint Legislative
Audit Committee, the Bureau of State Audits presents its audit report
concerning our review of the Ortega Trail Recreation and Park District
(park district). This report concludes that the park district complied with
the law when it formed its two assessment districts in the early 1990s.
However, the park district may have acted inappropriately by not
seeking voter approval to continue levying one of the assessments
following the passage of Proposition 218 (proposition) in 1996, which
required voter approval of certain existing or new assessments.
Consequently, questions remain regarding whether the park district
appropriately continued to collect the assessment and, if not, what
should be done with the roughly $300,000 it collected after the
proposition went into effect.
   Furthermore, our review of its audited financial statements showed
that the park district appeared to have used its assessments and other
revenues appropriately to pay for the costs of its operations, capital
improvements, and debt. In addition, the park district appropriately used
the majority of the $157,600 in Quimby Act fees it collected, and the
land and improvements valued at more than $596,000 it accepted appear
to comply with the requirements of the Quimby Act. Finally, when the
park district was dissolved in February 2000, Riverside County
(county), by law, became responsible for winding up the affairs of the
park district and took custody of the park district’s assets and liabilities.
Currently, the county is using the remaining park district assets, which
primarily consist of land and cash, to pay the park district’s debts.
              Respectfully submitted,
                                                 ELAINE M. HOWLE
                                                 State Auditor
   Above report referred to the Committee on Water, Parks and Wildlife.
114                      ASSEMBLY JOURNAL                   Jan. 6, 2003
                        California State Auditor
                                                        2002-108
                                                   December 5, 2002
The Honorable Speaker of the Assembly
   The Honorable Members of the Assembly
          of the Legislature of California
     State Capitol, Room 3196
       Sacramento, California
   Members of the Assembly: As requested by the Joint Legislative
Audit Committee, the Bureau of State Audits presents its audit report
concerning the fees the Department of General Services (General
Services) charges for services it provides to client departments.
   This report concludes that General Services can improve its estimates
of fees for capital outlay and telecommunication projects—which
generated three-quarters of General Services’ project management fees
during fiscal year 2001–02—by more consistently following
time-tested and reputable best practices. These best practices include
documenting the basis for estimates, supervisory review of estimates,
using a historical database to help generate reliable estimates, and
determining the reasons why past estimates varied from costs. Although
actual costs are expected to vary from estimates, the significant
variances we found in project estimates and line item estimates—many
exceeding actual costs by more than 20 percent—further support the
need for General Services to follow best practices when estimating fees.
Moreover, General Services’ process for developing the hourly rates of
staff—which are the basis of many fee estimates—appears reasonable;
however, we found that some units could provide more accurate
information to General Services’ management when it is deciding on the
hourly rates to charge. In addition, because of cost accounting
weaknesses, we could not determine whether the consulting fees that the
Office of Public Safety Radio Services (Radio Services) charges to its
clients were reasonable and fair. Finally, Radio Services does not review
for errors in billings before they are sent to departments.
              Respectfully submitted,
                                                 ELAINE M. HOWLE
                                                 State Auditor
   Above report referred to the Committee on Business and Professions.
Jan. 6, 2003             ASSEMBLY JOURNAL                            115

                        California State Auditor
                                                         2002-109
                                                   December 12, 2002
The Honorable Speaker of the Assembly
   The Honorable Members of the Assembly
          of the Legislature of California
     State Capitol, Room 3196
        Sacramento, California
   Members of the Assembly: As requested by the Joint Legislative
Audit Committee, the Bureau of State Audits presents its audit report
concerning the Department of Health Services’ (department) purchasing
and contracting practices for durable medical equipment (DME),
medical supplies, and hearing aids under the California Medical
Assistance Program (Medi-Cal).
   This report concludes that the department’s costs control procedures
have been ineffective in reining in spending for items with no maximum
allowable prices (unlisted items). For example, the department lacks
tools, such as current price and item comparison tables, that would
allow it to ensure that it pays the lowest possible price for items that
meet the medical needs of Medi-Cal beneficiaries.
   The department has not ensured that it does not approve expenditures
for unlisted DME items that should be charged under listed codes at a
lower cost. Further, the department has delayed price updates for its
medical supplies for an average of 15.5 years. In addition, many of the
department’s product codes may be obsolete. Better control of its costs
is key especially given the increase in enrollments and the decrease in
one of the department’s funding sources, the federal medical assistance
percentage. Any savings the department can achieve will free up funds
that the State can use to support other programs or agencies in a time of
state budgetary constraints.
   To better control rising costs, the department plans to implement two
cost-saving measures. The department hopes to convert its billing codes
for some medical supplies to universal product numbers and plans to
negotiate contracts with manufacturers of DME and medical supplies in
fiscal year 2002–03. While both plans have the potential to reduce costs
for the department, both could also result in increased administrative
costs and a failure to reduce expenditures if the department does not
thoroughly plan before proceeding. For example, for negotiated
contracting, the department has not focused on clear objectives and
appropriate staffing needs, has not contacted providers and
manufacturers to ascertain their willingness to participate, and has not
addressed the problem of how to determine reasonable prices.
              Respectfully submitted,
                                                ELAINE M. HOWLE
                                                State Auditor
   Above report referred to the Committee on Health.
116                        ASSEMBLY JOURNAL                    Jan. 6, 2003
  The following reports were presented by the Chief Clerk:
                         Prison Industry Authority
          Disabled Veterans Business Enterprise Report 2001–02
            (Pursuant to Public Contract Code Section 10115.5)
  Above transmitted report, together with letter of transmittal from
Edward S. Alameida, Jr., Director, Department of Corrections, dated
November 20, 2002, referred by the Speaker to the Committee on
Utilities and Commerce.
          Small Business/Disabled Veterans Business Enterprise
                            Report 2001–02
            (Pursuant to Public Contract Code Section 14840)
  Above transmitted report, together with letter of transmittal from
Steve Larson, Executive Director, California Energy Commission,
dated November 5, 2002, referred by the Speaker to the Committee on
Utilities and Commerce.
                   Semi-Annual Report on Prison Siting
       (Pursuant to Senate Bill 1950, Chapter 1044, Statutes of 1988)
  Above transmitted report, together with letter of transmittal from
Edward S. Alameida, Jr., Director, Department of Corrections, dated
November 12, 2002, referred by the Speaker to the Committee on
Public Safety.
                     Notice of Modification to Text of
            Proposed Regulations on Rulemaking Proceeding
                    Mandate Reimbursement Process
        (Pursuant to Government Code Sections 17551 and 17564)
  Above transmitted report, together with letter of transmittal from
Paula Higashi, Executive Director, Commission on State Mandates,
dated November 20, 2002, referred by the Speaker to the Committee
on Budget.
         2001–02 California State University Appropriation Balance
               (Pursuant to Budget Act 2002, Item 6610-490)
  Above transmitted report, together with letter of transmittal from
Richard P. West, Executive Vice Chancellor and Chief Financial
Officer, California State University, dated November 15, 2002, referred
by the Speaker to the Committee on Budget.
            Veteran’s Farm and Home Building Fund of 1943 and
                   the Veteran Debenture Revenue Fund
              Report for Years Ended June 30, 2002 and 2001
           (Pursuant to provisions of several Veteran Bond Acts)
  Above transmitted report, together with letter of transmittal from
Bruce Thiesen, Secretary, Department of Veterans Affairs, dated
October 31, 2002, referred by the Speaker to the Committee on
Veterans Affairs.
        Implementing Public Authorities and Nonprofit Consortia to
                    Deliver In-Home Supportive Services
      (Pursuant to Senate Bill No. 1780, Chapter 206, Statutes of 1996)
  Above transmitted report, together with letter of transmittal from
Rita Saenz, Director, Department of Social Services, referred by the
Speaker to the Committee on Human Services.
Jan. 6, 2003              ASSEMBLY JOURNAL                               117
                 Department of Child Support Services
    Program Performance and Statistical Report—Annual Report 2001
      (Pursuant to Family Code Section 17600(c), (g) and 17602(e))
  Above transmitted report, together with letter of transmittal from
Curtis L. Child, Director, Department of Child Support Services, dated
December 2, 2002, referred by the Speaker to the Committee on
Human Services.
                 California Department of Highway Patrol
                         Vehicle Theft Deterrence
      (Pursuant to Assembly Bill 183, Chapter 232, Statutes of 1999)
  Above transmitted report, together with letter of transmittal from
D. O. Helmick, Commissioner, Department of California Highway
Patrol, dated December 9, 2002, referred by the Speaker to the
Committee on Transportation.
                   A Strategy to Improve Public Transit
             with an Environmentally Friendly Ferry Service
     (Pursuant to Senate Bill No. 428, Chapter 1011, Statutes of 1999)
   Above transmitted report, together with letter of transmittal from
Charlene Haught Johnson, President, San Francisco Bay Area Water
Transit Authority, dated December 11, 2002, referred by the Speaker to
the Committee on Transportation.
                    Pregnant and Parenting Women’s
                   Alternative Sentencing Program Act
      (Pursuant to Senate Bill No. 519, Chapter 63, Statutes of 1994)
  Above transmitted report, together with letter of transmittal from
Edward S. Alameida, Jr., Director, Department of Corrections, dated
November 27, 2002, referred by the Speaker to the Committee on
Public Safety.
           Subcontractor Written Complaints of Late Payment
           (Pursuant to Public Contract Code Section 10262.5)
  Above transmitted report, together with letter of transmittal from
Janet S. Dawson, Assistant Deputy Director, Division of Legislative and
Local Government Affairs, Department of Transportation, dated
November 27, 2002, referred by the Speaker to the Committee on
Business and Professions.
                Race, Ethnicity, and Gender in Contracts
     (Pursuant to Assembly Bill 1084, Chapter 882, Statutes of 2001)
  Above transmitted report, together with letter of transmittal from
Edward S. Alameida, Jr., Director, Department of Corrections, dated
December 9, 2002, referred by the Speaker to the Committee on
Business and Professions.
               NonPoint Source Pollution Related Reports
               (Pursuant to Water Code Section 13369 (b))
  Above transmitted report, together with letter of transmittal from
Celeste Cantu, Executive Director, Water Resources Control Board,
dated December 9, 2002, referred by the Speaker to the Committee on
Water, Parks and Wildlife.
118                             ASSEMBLY JOURNAL                            Jan. 6, 2003
                      The Engineering Title Act Study
        (Pursuant to Business and Professions Code Section 6704.1)
   Above transmitted report, together with letter of transmittal from
Kristy Wiese, Deputy Director, Division of Legislative and Regulatory
Review, Department of Consumer Affairs, dated December 12, 2002,
referred by the Speaker to the Committee on Business and Professions.
                      FIRST READING OF ASSEMBLY BILLS
   The following bills were read a first time:
   ASSEMBLY BILL NO. 67—Negrete McLeod. An act to amend Sections 20161,
20467, 20530.1, 20533, 20752, 20814, 20822, 20826, 20903, 21051, 21261, 21407,
21424, 21465, 21499, 21535, 21621, 22857, 50953, 75093, 75094, 75580, and 75590
of, to amend and renumber Section 75030.9 of, to amend the heading of Part 3.4
(commencing with Section 21750) of Division 5 of Title 2 of, to add Sections 9359.02,
75031.5, and 75506.6 to, and to repeal Sections 20162, 20791, 20794, 20795, 20796,
20800, 20801, 20802, 20804, 20807, 20908, 21000, 21262, and 21401 of, the
Government Code, relating to public employees’ retirement, making an appropriation
therefor, and declaring the urgency thereof, to take effect immediately.
  ASSEMBLY BILL NO. 68—Simitian. An act relating to the Internet.
  ASSEMBLY BILL NO. 69—Correa. An act relating to business.
  ASSEMBLY BILL NO. 70—Wyland. An act to amend Section 530.5 of the Penal
Code, relating to identity theft.
   ASSEMBLY BILL NO. 71—Jerome Horton. An act to add Division 8.6
(commencing with Section 22970) to the Business and Professions Code, to add Section
15618.5 to the Government Code, to amend Section 830.11 of the Penal Code, and to
amend Sections 30436, 30449, 30473.5, 30474, and 30481 of, to amend, repeal, and add
Section 30166 of, to add Sections 30019, 30163.1, 30166.1, 30474.1, and 30482 to, and
to add Article 2.5 (commencing with Section 30210) and Article 5 (commencing with
Section 30355) to Part 13 of Division 2 of, the Revenue and Taxation Code, relating to
cigarettes and tobacco products, making an appropriation therefor, and declaring the
urgency thereof, to take effect immediately.
  ASSEMBLY BILL NO. 72—Bates. An act to amend Sections 8212 and 8226 of the
Education Code, and to amend Sections 1596.859 and 1596.890 of the Health and
Safety Code, relating to child care.
  ASSEMBLY BILL NO. 73—Lowenthal. An act to add Section 4003 to the
Financial Code, relating to unsolicited checks.
  ASSEMBLY BILL NO. 74—Mountjoy. An act to amend Sections 2800.1, 2800.2,
2800.3, and 40000.7 of the Vehicle Code, relating to vehicles.
  ASSEMBLY BILL NO. 75—Negrete McLeod. An act to amend Sections 20835,
21460, and 21625 of, and to add Section 21626.5 to, the Government Code, relating to
public employees’ death benefits.
  ASSEMBLY BILL NO. 76—Corbett. An act to amend Section 12940 of the
Government Code, relating to unlawful employment practices.
  ASSEMBLY BILL NO. 77—La Suer. An act to amend Section 170048 of the Public
Utilities Code, relating to airports.
  ASSEMBLY BILL NO. 78—Reyes. An act to add Section 51221.4 to the Education
Code, relating to curriculum.
   ASSEMBLY BILL NO. 79—Dutra. An act to add and repeal Section 7550.5 of the
Government Code, relating to public agencies, and declaring the urgency thereof, to
take effect immediately.
  ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 5—Cogdill and Garcia.
A resolution to propose to the people of the State of California an amendment to the
Constitution of the State, by adding Section 1.5 to Article XIIIA thereof, relating to local
government finance.
Jan. 6, 2003               ASSEMBLY JOURNAL                        119
                           ADJOURN IN MEMORY
                            Moment of Silence
   Assembly Member Cox was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Gerald ‘‘Jerry’’ Brockman, of Sacramento, and that the Assembly
observe a moment of silence in his honor.
  (Assembly Rule 45.5 suspended.)
                           ADJOURN IN MEMORY
                            Moment of Silence
   Assembly Members Chan, Reyes, Levine, Jackson, and Firebaugh
were granted unanimous consent that when the Assembly adjourns on
this day it do so out of respect to the memory of Joseph Remcho, of
Piedmont, and that the Assembly observe a moment of silence in
his honor.
  (Assembly Rule 45.5 suspended.)
                           ADJOURN IN MEMORY
  Assembly Member Samuelian was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Hon. Pa Kao Her, President of the Democratic Chao Fa
Party of Laos.
  (Assembly Rule 45.5 suspended.)
                           ADJOURN IN MEMORY
  Assembly Member Nakano was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Dr. Edmund Ross Harrington, of Redondo Beach.
  (Assembly Rule 45.5 suspended.)
                             ANNOUNCEMENTS
   Speaker pro Tempore Kehoe announced the following
session schedule:
   Tuesday, January 7, 2003, Check-in Session, 7 a.m.–3 p.m.;
   Wednesday, January 8, 2003, Joint Convention for Governor’s State
of the State Address, 4:15 p.m.;
   Thursday, January 9, 2003, Floor Session, 8:30 a.m.
120                          ASSEMBLY JOURNAL                        Jan. 6, 2003
                             ADJOURN IN MEMORY
   Assembly Member Canciamilla was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Brother Jerome West, of Moraga; and Roger Golla,
of Quincy.
   Assembly Member Frommer was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Hal Hemmingsen, of Glendale.
   Assembly Member Mountjoy was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Ted Aiken, of San Dimas.
   Assembly Member Reyes was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Ana Marquez, of Fresno.
   Assembly Member Runner was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Dr. John W. Birsner, of Lancaster.
   Assembly Member Simitian was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Wayne Crews, of Palo Alto.
   Assembly Member Yee was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Dennis Wong, of San Francisco.
                             MOTION TO ADJOURN
  At 11:30 a.m., Assembly Member Cox moved that the Assembly do
now adjourn.
  Assembly Member Firebaugh seconded the motion.
  Motion carried.
           QUORUM CALL OF THE ASSEMBLY DISPENSED WITH
   At 11:31 a.m., Speaker pro Tempore Kehoe declared the quorum call
of the Assembly dispensed with.
                  INTRODUCTION AND FIRST READING OF
                           ASSEMBLY BILLS
  The following bills were introduced and read the first time:
  ASSEMBLY BILL NO. 80—Bogh. An act to amend Section 31485.7 of, and to add
Section 31641.55 to, the Government Code, relating to county employees’ retirement.
  ASSEMBLY BILL NO. 81—Wyland. An act to amend Section 791.12 of the
Insurance Code, relating to underwriting.
   ASSEMBLY BILL NO. 82—Dutton. An act to amend Sections 218 and 17053.5 of
the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax
levy.
  ASSEMBLY BILL NO. 83—Corbett. An act to add Section 111197 to the Health
and Safety Code, relating to drinking water.
  ASSEMBLY BILL NO. 84—Cogdill. An act to amend Section 421 of the Public
Utilities Code, relating to public utilities.
  ASSEMBLY BILL NO. 85—Wiggins. An act to add Section 21023.2 to the
Government Code, relating to public retirement.
  ASSEMBLY BILL NO. 86—Daucher (Coauthor: Bates). An act to add Chapter 5
(commencing with Section 35800) and Chapter 6 (commencing with Section 35900) to
Part 21 of the Education Code, relating to education.
Jan. 6, 2003           ASSEMBLY JOURNAL                         121
                           RESOLUTIONS
  The following resolutions were offered:
  ASSEMBLY CONCURRENT RESOLUTION NO. 12—Jerome Horton.
Relative to Dr. Martin Luther King, Jr. Day.
  ASSEMBLY JOINT RESOLUTION NO. 1—Koretz, Vargas, and Wiggins.
Relative to federally funded unemployment insurance benefits.
                  SPECIAL COMMITTEE MEETINGS
   By unanimous consent, the following committee was permitted
to meet:
   Judiciary Committee to convene jointly with the Senate Judiciary
Committee, on January 14, 2003, at 9 a.m.
                          ADJOURNMENT
   At 3 p.m., pursuant to the motion by Assembly Member Cox, the
Assembly adjourned until 7 a.m., Tuesday, January 8, 2003, out of
respect to the memory of Gerald ‘‘Jerry’’ Brockman, on motion of
Assembly Member Cox; out of respect to the memory of
Joseph Remcho, on motion of Assembly Members Chan, Reyes,
Levine, Jackson, and Firebaugh; out of respect to the memory of
Hon. Pa Kao Her, on motion of Assembly Member Samuelian; out of
respect to the memory of Dr. Edmund Ross Harrington, on motion of
Assembly Member Nakano; out of respect to the memory of
Hal Hemmingsen, on motion of Assembly Member Frommer; out of
respect to the memory of Ted Aiken, on motion of Assembly Member
Mountjoy; out of respect to the memory of Ana Marquez, on motion of
Assembly Member Reyes; out of respect to the memory of
Dr. John W. Birsner, on motion of Assembly Member Runner; out of
respect to the memory of Wayne Crews, on motion of Assembly
Member Simitian; out of respect to the memory of Brother Jerome West
and Roger Golla, on motion of Assembly Member Canciamilla; and out
of respect to the memory of Dennis Wong, on motion of Assembly
Member Yee.


  CHRISTINE KEHOE, Speaker pro Tempore
                                  PAM CAVILEER, Minute Clerk
Jan. 7, 2003                     ASSEMBLY JOURNAL                                          123

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                         Tuesday, January 7, 2003

                            FOURTH SESSION DAY

                   THIRTY-SEVENTH CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
124                        ASSEMBLY JOURNAL                     Jan. 7, 2003


              PROCEEDINGS OF THE ASSEMBLY

                              IN ASSEMBLY


                                     Assembly Chamber, Sacramento
                                             Tuesday, January 7, 2003
  The Assembly met at 7 a.m.
  Hon. Abel Maldonado, Assembly Member, 33rd District, presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Brian Ebbert reading.
                                 ROLL CALL
  The following were placed upon the morning roll call—75:
Aghazarian         Dymally              Lieber            Pavley
Bates              Firebaugh            Liu               Plescia
Benoit             Frommer              Longville         Reyes
Berg               Garcia               Lowenthal         Richman
Bermudez           Goldberg             Maddox            Ridley-Thomas
Bogh               Hancock              Maldonado         Runner
Campbell           Harman               Matthews          Salinas
Canciamilla        Haynes               Maze              Samuelian
Chavez             Horton, Jerome       McCarthy          Simitian
Chu                Horton, Shirley      Montanez          Spitzer
Cogdill            Houston              Mountjoy          Steinberg
Cohn               Jackson              Mullin            Strickland
Corbett            Keene                Nakanishi         Vargas
Correa             La Malfa             Nakano            Wiggins
Cox                La Suer              Negrete McLeod    Wolk
Daucher            Laird                Nunez             Wyland
Diaz               Leno                 Oropeza           Yee
Dutra              Leslie               Pacheco           Mr. Speaker
Dutton             Levine               Parra
  Quorum present.
         At 1:33 p.m., Hon. Joe Canciamilla, 11th District, presiding
                  REGULAR BUSINESS DISPENSED WITH
  By unanimous consent, the regular order of business of the Assembly
was dispensed with for this legislative day.
                   LEAVES OF ABSENCE FOR THE DAY
  By unanimous consent, the following Assembly Members were
granted leaves of absence for the day:
  On legislative business: Assembly Members Calderon, Chan, and
Nation.
  On personal business, and waiving per diem: Assembly Member
Kehoe.
  Because of illness: Assembly Member Koretz.
Jan. 7, 2003            ASSEMBLY JOURNAL                           125
                     EXPLANATIONS OF ABSENCE
   Pursuant to the Assembly Rules, the following explanations of
absence were ordered printed in the Journal:
                                                    January 6, 2003
The Honorable Herb J. Wesson, Jr.
   Speaker of the Assembly
     State Capitol
       Sacramento, California
   Dear Mr. Speaker: I am writing today to request to be excused from
Check in Session, Tuesday, January 7, 2003 to attend legislative
business in my district office. I will return on Wednesday, January 8,
2003. If you have any questions please contact Tiffany Morrison
at (916) 319-2058.
             Sincerely,
                     RONALD S. CALDERON, Assembly Member
                     Fifty-eighth District
                                                    January 6, 2003
The Honorable Herb Wesson
  Speaker, California State Assembly
    State Capitol, Room 219
       Sacramento, California
   Dear Speaker Wesson: I am requesting to be excused from Check-In
Session on Tuesday, January 7, 2003 due to legislative business taking
place in my district.
   Your attention to this matter is appreciated.
             Sincerely,
                                 WILMA CHAN, Assembly Member
                                 Sixteenth District
                                                      January 6, 2003
The Honorable Herb Wesson, Jr.
  Speaker of the Assembly
     State Capitol, Room 219
        Sacramento, California
   Dear Mr. Speaker: I respectfully request to be excused from Check-In
Session on Tuesday, January 7, 2003, due to legislative business in my
district.
   Thank you for your consideration of this request.
             Sincerely,
                                   JOE NATION, Assembly Member
                                   Sixth District
126                      ASSEMBLY JOURNAL                   Jan. 7, 2003
                           COMMUNICATIONS
  The following communication was presented by the Speaker, and
ordered printed in the Journal:
                                                     January 7, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed
Assemblymember Loni Hancock to replace Assemblymember Dario
Frommer on the Assembly Budget Subcommittee #1—Health and
Human Services for the 2003–04 Regular Session.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly

   The following communication was presented by the Chief Clerk and
ordered printed in the Journal:
                                                      January 6, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that on January 6, the Assembly
Committee on Rules met and approved the following items:
   • Appointment of Jon Waldie as Chief Administrative Officer
      for the 2003–04 Legislative Session (8–0)
   • 2003 Assembly Holiday Schedule (8–0)
  Please ensure that these actions are printed in the Assembly Journal.
            Sincerely,
                                       JOE NATION
                                       Chair, Joint Rules Committee
                                                      January 7, 2003
The Honorable E. Dotson Wilson
   Chief Clerk of the Assembly
    State Capitol, Room 3196
       Sacramento, California
   Dear Mr. Wilson: This is to state for the Assembly Journal record that
I have decided to decline per diem for the 2003–04 legislative session.
   Thank you for your attention to this matter.
             Sincerely,
                                    LOIS WOLK, Assembly Member
                                    Eighth District
Jan. 7, 2003              ASSEMBLY JOURNAL                              127
                            COMMUNICATIONS
   The following communication was presented by the Chief Clerk, and
ordered printed in the Journal:
                                                      January 7, 2003
Mr. E. Dotson Wilson
  Chief Clerk of the California State Assembly
     State Capitol, Room 3196
        Sacramento, California
   Dear Mr. Wilson: This letter is to confirm the appointment of the
following Members to the following Caucus positions who have served
and will serve as such in the Regular Session.
   Tony Strickland, Caucus Chair
   John Campbell, Assistant Republican Leader
   Patricia Bates, Assistant Republican Leader
   Dave Cogdill, Assistant Republican Leader
   Bill Maze, Assistant Republican Leader
   Guy Houston, Assistant Republican Leader
   Bonnie Garcia, Assistant Republican Leader
   Russ Bogh, Assistant Republican Leader
   Tom Harman, Assistant Republican Leader
   Keith Richman, Assistant Republican Leader
   Lynn Daucher, Assistant Republican Leader
   Robert Pacheco, Assistant Republican Leader
   Ray Haynes, Assistant Republican Leader
   Ken Maddox, Assistant Republican Leader
   Sharon Runner, Assistant Republican Leader
   Shirley Horton, Assistant Republican Leader
   George Plescia, Whip
   Mark Wyland, Whip
   Kevin McCarthy, Whip
   Rick Keene, Whip
   Thank you for your consideration in this matter. Please contact Kevin
Bassett in my office at 319-2005 if you have any questions.
             Sincerely,
                                       DAVE COX
                                       Assembly Republican Leader
                 INTRODUCTION AND FIRST READING OF
                          ASSEMBLY BILLS
  The following bills were introduced and read the first time:
   ASSEMBLY BILL NO. 87—Bogh. An act to add Section 4352.5 to the Labor Code,
relating to workers’ compensation, and making an appropriation therefor.
   ASSEMBLY BILL NO. 88—Corbett and Steinberg. An act to add Section 1670.6
to the Civil Code, relating to contracts.
128                   ASSEMBLY JOURNAL              Jan. 7, 2003
                        ADJOURNMENT
  At 3 p.m., the Assembly adjourned until 4:15 p.m., Wednesday,
January 8, 2003.


  HERB J. WESSON, JR., Speaker
                               PAM CAVILEER, Minute Clerk
Jan. 8, 2003                     ASSEMBLY JOURNAL                                          129

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                      Wednesday, January 8, 2003

                               FIFTH SESSION DAY

                    THIRTY-EIGHTH CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
130                      ASSEMBLY JOURNAL                Jan. 8, 2003


              PROCEEDINGS OF THE ASSEMBLY

                            IN ASSEMBLY


                             Assembly Chamber, Sacramento
                                    Wednesday, January 8, 2003
  The Assembly met at 4:15 p.m.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Brian Ebbert reading.
                               ROLL CALL
  The roll was called.
                     Quorum Call of the Assembly
  Assembly Member Spitzer moved a quorum call of the Assembly.
  Motion carried. Time, 4:16 p.m.
  The Speaker pro Tempore directed the Sergeant at Arms to close the
doors, and to bring in the absent Members.
                            Quorum Present
  At 4:35 p.m., Speaker pro Tempore Kehoe declared a quorum of the
Assembly present.
  The roll call was completed, and the following answered to their
names—77:
Aghazarian       Dymally           Lieber           Pavley
Bates            Firebaugh         Liu              Plescia
Benoit           Frommer           Longville        Reyes
Berg             Garcia            Lowenthal        Richman
Bermudez         Goldberg          Maddox           Ridley-Thomas
Bogh             Hancock           Maldonado        Runner
Calderon         Harman            Matthews         Salinas
Campbell         Haynes            Maze             Samuelian
Canciamilla      Horton, Shirley   McCarthy         Simitian
Chan             Houston           Montanez         Spitzer
Chavez           Jackson           Mountjoy         Strickland
Chu              Keene             Mullin           Vargas
Cogdill          Kehoe             Nakanishi        Wiggins
Corbett          Koretz            Nakano           Wolk
Correa           La Malfa          Nation           Wyland
Cox              La Suer           Negrete McLeod   Yee
Daucher          Laird             Nunez            Mr. Speaker
Diaz             Leno              Oropeza
Dutra            Leslie            Pacheco
Dutton           Levine            Parra
Jan. 8, 2003             ASSEMBLY JOURNAL                             131
                                PRAYER
  Upon invitation of Speaker pro Tempore Kehoe, the following prayer
was offered by Assembly Chaplain Rev. Constantine C. Pappademos:
  O God, Grant that we may wait patiently to know Your will, that
we may welcome all truth, no matter from where it is uttered, that
we may bless every good deed, no matter who may do it, and that we
may rise above all strife, to contemplate Your eternal truth and
goodness.—AMEN.
                PLEDGE OF ALLEGIANCE TO THE FLAG
  Upon request of Speaker pro Tempore Kehoe, Assembly Member
Laird then led the Assembly in the pledge of allegiance to the Flag.
        MOTION TO DISPENSE WITH READING OF THE JOURNAL
   Further reading of the Journal of the previous legislative day was
dispensed with on motion of Assembly Member Firebaugh, seconded
by Assembly Member Cox.
                  LEAVES OF ABSENCE FOR THE DAY
  By unanimous consent, the following Assembly Members were
granted leaves of absence for the day:
  On legislative business: Assembly Member Jerome E. Horton.
  Because of illness: Assembly Member Cohn.
  Because of illness in his family: Assembly Member Steinberg.
                     EXPLANATIONS OF ABSENCE
   Pursuant to the Assembly Rules, the following explanation of
absence was ordered printed in the Journal:
                                                        January 7, 2003
The Honorable Herb J. Wesson, Jr.
  Speaker of the Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker: I am respectfully requesting to be excused from
Assembly Floor Session on Wednesday, January 8, 2003, due to
legislative business in my district. I will be returning to Sacramento on
Thursday, January 9, 2003, in time for Assembly Floor Session.
   Thank you for your consideration of this request. Should you have
any questions, please contact me at (916) 319-2051 or (916) 207-5100.
             Sincerely,
                         JEROME E. HORTON, Assembly Member
                         Fifty-first District
                INTRODUCTION AND FIRST READING OF
                         ASSEMBLY BILLS
  The following bills were introduced and read the first time:
  ASSEMBLY BILL NO. 89—Bogh. An act to amend Section 1776 of the Labor
Code, relating to prevailing wages.
  ASSEMBLY BILL NO. 90—Wyland. An act to amend Section 30312 of the Public
Resources Code, relating to the California Coastal Commission.
  ASSEMBLY BILL NO. 91—Dutton. An act to amend Section 22171 of the
Education Code, relating to the state teachers’ retirement.
  ASSEMBLY BILL NO. 92—Jerome Horton. An act to amend Section 45004 of the
Government Code, relating to city employees.
132                           ASSEMBLY JOURNAL                          Jan. 8, 2003
   ASSEMBLY BILL NO. 93—Canciamilla. An act to add Division 30 (commencing
with Section 81000) to the Water Code, relating to financing a water quality, water
security, and water supply infrastructure improvement program, by providing the funds
necessary therefor through the issuance and sale of bonds of the State of California and
by providing for the handling and disposition of those funds, and declaring the urgency
thereof, to take effect immediately.
  ASSEMBLY BILL NO. 94—Chu. An act to amend Section 96.31 of the Revenue
and Taxation Code, relating to property taxation.
  ASSEMBLY BILL NO. 95—Committee on Judiciary (Corbett (Chair),
Hancock, Jackson, Laird, Longville, Montanez, Steinberg, and Vargas). An act to
amend Section 17201 of the Business and Professions Code, relating to unfair
competition.
  ASSEMBLY BILL NO. 96—Bermudez. An act to amend Sections 44395, 44396,
44510, 44735, 44751, 44752, 48200.7, 51101, 52054, 52055.52, 52055.600, 52055.605,
52055.610, 52055.615, 52055.620, 52055.625, 52055.650, 52055.655, 52055.656,
52058.1, 58907, 58916, 66941, 69440, 69532, 69612, 69613.1, 69615.4, 70001, 70003,
70005, 99200, 99203, 99220, and 99234 of, to amend the heading of Article 3.5
(commencing with Section 52055.600) of Chapter 6.1 of Part 28 of, the Education Code,
and to amend Sections 8869.80 and 8869.84 of the Government Code, relating to
schools.
   ASSEMBLY BILL NO. 97—Nation. An act to amend Sections 44579.1 and
48209.16 of the Education Code, relating to schools, and declaring the urgency thereof,
to take effect immediately.
   ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 6—Campbell
(Coauthors: Keene, Leslie, and Runner). A resolution to propose to the people of the
State of California an amendment to the Constitution of the State, by repealing and
adding Article XIIIB thereof, and by amending Section 8.5 of Article XVI thereof,
relating to expenditure limits.
                        REQUEST FOR PHOTOGRAPHER
  Assembly Member Firebaugh was granted unanimous consent that
guests and photographers be permitted on the Floor of the Assembly.
                              ADJOURN IN MEMORY
   Assembly Member Leno was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Philip Fay Stevenson, of San Francisco.
  (Assembly Rule 45.5 suspended.)
Jan. 8, 2003             ASSEMBLY JOURNAL                            133
       At 4:55 p.m., Speaker Herb Wesson, 47th District, presiding
                                RECESS
  By unanimous consent, at 4:55 p.m., Speaker Wesson declared the
Regular Session of the Assembly recessed.


                    IN JOINT CONVENTION

  At 4:56 p.m., the Senate and Assembly met in Joint Convention.
  Hon. Herb Wesson, Speaker of the Assembly, presiding.
          APPOINTMENT OF JOINT COMMITTEE ON ESCORT
  Speaker Wesson appointed Assembly Members Berg, Chu, Cox,
Ridley-Thomas, and Oropeza, and Senators Ortiz, Brulte, Romero,
Perata, and Denham as a Joint Committee on Escort to escort Governor
Gray Davis to the Joint Convention.
           INTRODUCTION OF FIRST LADY OF CALIFORNIA
  Speaker Wesson introduced Mrs. Sharon Davis, First Lady of
California to the Joint Convention.
           INTRODUCTION OF CONSTITUTIONAL OFFICERS
                     AND SPECIAL GUESTS
  Speaker Wesson introduced Hon. Cruz Bustamante, Lieutenant
Governor; Hon. Bill Lockyer, Attorney General; Hon. Kevin Shelley,
Secretary of State; Hon. Phil Angelides, Treasurer; Hon. Steve Westly,
Controller; Hon. Jack O’Connell, Superintendent of Public Instruction;
Hon. John Garamendi, Insurance Commissioner; and Board of
Equalization Members: Hon. John Chiang (District 4); Hon. Claude
Parrish (District 3); Hon. Bill Leonard (District 2); and Hon. Carole
Migden (District 1).
           INTRODUCTION OF SUPREME COURT JUSTICES
  Speaker Wesson introduced Hon. Ronald M. George, Chief Justice of
California; Associate Justices Hon. Marvin R. Baxter, Hon. Kathryn M.
Werdegar, Hon. Ming Chin, Hon. Janice Rogers Brown, and
Hon. Carlos Moreno.
    PRESENTATION OF PRESIDENT PRO TEMPORE OF THE SENATE
  Speaker Wesson then presented the Honorable John Burton President
pro Tempore of the Senate.
               PRESENTATION OF LIEUTENANT GOVERNOR
  President pro Tempore Burton then presented the Honorable Cruz
Bustamante, Lieutenant Governor and President of the Senate.
                    PRESENTATION OF GOVERNOR
  Lieutenant Governor Bustamante then presented the Honorable Gray
Davis, Governor of the State of California, to the Joint Convention.
                       ADDRESS BY GOVERNOR
  Governor Davis then proceeded to address the Joint Convention.
                ADJOURNMENT OF JOINT CONVENTION
  At 5:32 p.m., there being no further business, Speaker Wesson
declared the Joint Convention adjourned sine die.
134                       ASSEMBLY JOURNAL                     Jan. 8, 2003


                            IN ASSEMBLY

  At 5:32 p.m., the Assembly reconvened.
  Hon. Herb J. Wesson, Speaker of the Assembly, presiding.
             GOVERNOR’S ADDRESS PRINTED IN JOURNAL
   Without objection, the following text of Governor Gray Davis’ State
of the State Address was printed in the Journal:
                           Governor Gray Davis
                         State of the State Address
                   Assembly Chambers, State Capitol
                       Wednesday, January 8, 2003
   Tonight, I come before you with a challenge as great as any in our
state’s history—and a real plan to meet that challenge.
   When Governors speak from this podium, they ordinarily discuss a
range of issues.
   But these are not ordinary times. We have one overriding task
before us.
   We must come together to create new jobs and get our economy back
on track.
   This task will not be easy. But it is essential if we’re going to continue
moving forward.
   And, together, my friends, we’ve made real progress.
   Today, our student’s test scores are up four years in a row. One million
more children have health insurance than four years ago.
   200,000 Cal Grants for college will be awarded this year—a
53 percent increase. 220,000 Governor’s Merit Scholarships have also
been earned over the past two years.
   Three thousand more police officers are on the street. Three thousand
miles of freeway are being improved.
   500,000 more acres of precious land have been protected.
Prescription drugs for seniors are being discounted. Services to our
veterans are being improved. Five more veterans’ homes are being built.
   We’ve healed old wounds with Mexico. Recognized the rights of
domestic partners. Passed the first significant laws in America on
stem-cell research, global warming and paid family leave.
   Together, we’ve made California stronger and better.
   But, now, much of what we’ve built is being threatened by a
struggling national economy and declining stock market.
   The conditions which have brought us to this point are well known.
Personal income is down. Employment is down. Retail sales and
manufacturing are down.
   This national recession has forced nearly every state in America into
the red.
   These are tough times. But Californians are made of tougher stuff.
Jan. 8, 2003              ASSEMBLY JOURNAL                             135
   On Friday, I will send you one of the toughest budgets ever presented.
It will be balanced. It will be responsible. It will make significant
cuts in nearly every program. And it will restore this state to sound
financial footing.
   My budget will protect, to the extent possible, our progress in public
education, public safety and children’s health insurance.
   But make no mistake: my budget makes hard choices. We have faced
the problem head-on. There are no tricks. No gimmicks. No evasions.
   In short, my budget will erase the $35-billion shortfall and eliminate
the structural deficit.
   Any alternative that does less is irresponsible and a waste of our time.
   Already, my Administration has begun the hard work.
   We’ve frozen hiring and spending. Eliminated more than 10,000
positions. Identified more than $10 billion in reductions. And called an
extraordinary session of the Legislature.
   I urge you in the strongest possible terms to pass my $10 billion in
proposed cuts this month.
   State government will need to do more with less—and we will.
   But, as I stated in my Inaugural Address, it’s not enough to simply
pass a budget that balances the books.
   We must re-write the book on California budgets.
   Our current fiscal structure has not been updated in 25 years to reflect
either our changing economy or demographics.
   Our budgets have become painfully dependent upon extremely
volatile sources of revenue, constraining our ability to make long-term
vital public investments.
   It’s high time to free ourselves of this boom-bust syndrome.
   My budget will discuss several structural reform proposals for the
Legislature’s consideration. They include restoration of the Executive’s
authority to make mid-year budget reductions in difficult times.
   I will convene the legislative leadership, as well as major
stakeholders, to solicit other reform proposals.
   Now, I don’t have all of the answers. None of us do. But I will lead
the discussion. And I will not sign a budget without substantial
structural reform.
   My friends, we must end the budget roller-coaster ride.
   But we also must do more to create new jobs now and to stimulate
our economy.
   Obviously, the federal government can do more than any state to
promote economic growth.
   Washington needs to step up and pass a real economic plan. One that
puts Americans back to work this year.
   But, at the same time, we can’t afford to sit back and wait.
   My most immediate priority can be summed up as jobs, more jobs,
and even more jobs.
   They are the engine of our future and the cornerstone of the
California Dream.
   My goal is to help create 500,000 new jobs over the next four years.
   I’m proposing a new California Jobs plan that will put more
Californians to work—not in years, but in weeks.
136                      ASSEMBLY JOURNAL                    Jan. 8, 2003
   We’ll begin with ‘‘Build California’’—a new initiative to accelerate
the flow of billions of dollars into our economy.
   Last November, the voters of this state did their part by approving
$18 billion in bond measures for better schools, affordable housing and
new water projects.
   In December, I asked the State Allocation Board to expedite $5.5
billion from our new School Bond. I thank them for their quick action.
These funds will finance 1,000 new schools, 1,400 modernized schools
and 135,000 new jobs.
   Now, I’ll be calling on them to commit the remaining $6 billion in
half the time of previous bonds. Specifically, I’ll ask them to allocate
$300 million a month until every dollar is out the door—and another
150,000 new jobs are created.
   We will also fast-track our $2.1 billion housing bond. I’m asking that
$230 million be made available this month. This, by itself, will create
another 68,000 new jobs. The entire bond issue will produce a total of
276,000 new jobs.
   I will also direct my agencies to accelerate freeway and public transit
projects by one full year.
   And I will appoint ‘‘Build California’’ Teams to reduce red tape and
speed these projects through the process.
   I set up similar teams in our successful effort to expedite the
construction of UC Merced by one full year and bring more electricity
on-line over a 16-month period than in any other time in our history.
   All of these efforts add up to one thing—jobs. Not down the road, but
right here, right now.
   Moreover, I will recommend that the UC Board of Regents Pension
Fund invest in California housing. Similar investments by CalPERS
have built 32,000 homes, created 60,000 jobs and yielded a 23-percent
return over 10 years.
   In addition, we need to do everything in our power to support small
businesses—which employ more than half of all Californians.
   In my first term, we doubled the number of certified small businesses
from 5,500 to 10,000.
   We increased small-business participation in state contracts
from 12 percent to 31 percent, sending a total of $2.1 billion to
small businesses.
   And I’ve appointed the first-ever Small Business Advocate in the
Governor’s Office. Please join me in welcoming Sonya Blake.
   But there’s more we must do.
   I will charge the Small Business Advocate with rejecting all
regulations that unfairly impact small business.
   I will also ask her to review existing regulations and identify changes
that promote growth and new jobs.
   In addition, I will ask the Public Utilities Commission to create an
Office of Economic Development. It will review all major proceedings
before the PUC to determine their benefit to the economy, infrastructure
and job creation.
   Every large economy needs a vibrant manufacturing base. So I will
ask you to extend the Manufacturers’ Investment Credit.
Jan. 8, 2003              ASSEMBLY JOURNAL                             137
   This credit is widely recognized as creating hundreds of thousands of
new jobs.
   We will also do more to provide a well-trained workforce—focusing
on teachers, nurses and disabled workers.
   In addition, we will focus like a laser on two sectors that promise high
growth and high wages.
   First, Homeland Security.
   In the months that followed September 11th, no state in America did
more to protect its people and vital assets.
   State and local law enforcement have answered our nation’s call
without question and without hesitation—but they shouldn’t have to do
it without compensation.
   So, tonight, I call upon the President and Congress to fully fund the
cost for all 50 states of defending our freedom here at home.
   We will continue to do our part. I will establish a new, permanent state
Office of Homeland Security. It will serve two critical functions:
   First, it will coordinate security activities throughout California.
   Second, it will highlight the extraordinary technological capabilities
of California’s private industry to help protect all Americans.
   In the coming year, I will personally lead a high-level delegation to
our nation’s capital to underscore how California can lead the way in
keeping America safe.
   Please join me in recognizing those who stand on the frontlines of
homeland security—CHP Commissioner Spike Helmick, General Paul
Monroe of the National Guard, Sheriff Lou Blanas of Sacramento
County, Sheriff Lee Baca of Los Angeles County and Sheriff Bill
Kolender of San Diego County.
   Finally, I’m pleased to introduce the Director of this new state Office
of Homeland Security, George Vinson. George has spent 23 years with
the FBI, 10 with the CHP, and the last year as my Security Advisor.
   While we apply new technology to protect American lives, we will
also use it to heal them.
   Every year, we lose too many Californians to cancer, Alzheimer’s,
Parkinson’s, and other life-threatening diseases.
   For those of us who’ve experienced the pain of watching a loved one
slip away, these aren’t just numbers in a ledger. They are our mothers
and fathers, our brothers and sisters, our family and friends.
   And their stories summon us to focus our best skills and resources on
building healthier, longer lives.
   California has pioneered the field of life sciences. And, over the last
four years, we’ve strengthened our position.
   We’ve launched four world-class Institutes of Science and
Innovation.
   One of them is an institute of biotechnology, where, today, top-flight
scientists are developing new discoveries to improve human health.
138                       ASSEMBLY JOURNAL                    Jan. 8, 2003
   Please join me in welcoming some of the leaders of this
extraordinary field:
    • Dr. J. Michael Bishop—Lead Chancellor for our new UC
        Institute of Biotechnology and a 1989 Nobel Prize winner
        in Medicine.
    • Dr. Elizabeth Blackburn—The 1999 California Scientist of
        the Year and one of the world’s top cancer researchers.
    • Dr. Cynthia Kenyon—Head of UCSF’s Center for the
        Biology of Aging.
    • Dr. Sydney Brenner—This year’s Nobel Prize winner
        in Medicine for his groundbreaking work on organ
        development.
   To keep California on the cutting-edge of this life-saving field, we
need to launch a new Life Sciences Initiative.
   My Administration will focus on three things: one, increasing the
number of qualified lab technicians. Two, working with the University
of California to simplify the transfer of technology. Three, increasing
access to venture capital and federal grants.
   The true value of this industry lies not in its bottom line, but in its
higher purpose.
   Let me tell you a story about a 10-year-old girl from Whittier named
Anies Garcia.
   Anies was born with non-functioning kidneys.
   In 1997, she had a kidney transplant. Unfortunately, her body rejected
it and she developed heart failure.
   Her only hope was a combined kidney/heart transplant. But, at the
time, the risk of rejection was simply too high.
   So her doctor, Bob Ettenger, worked round-the-clock with a team of
bio-scientists and specialists at UCLA and Mattel Children’s Hospital.
   Together, they developed breakthrough medicine—specifically for
children, specifically for double transplants—that would stop her body
from rejecting the new organs.
   Because of these revolutionary drugs, Anies was able to become only
the second child in America under the age of 10 to successfully receive
a combined heart and kidney transplant.
   Today, she’s doing great. In fact, she’s with us tonight. And she’s here
with the doctor who dedicated his life to saving hers—Dr. Bob Ettenger.
Please give these heroic Californians a spirited welcome.
   Theirs is a story of great inspiration. It reminds us once again how
Californians have always defied the odds to triumph over adversity.
   Our parents and grandparents sacrificed for us, fought and died for us,
endured the Depression, and perished in the Holocaust.
   Despite all of this, their generation invested in our future. They built
our schools, our roads, our farms and our businesses.
   They didn’t fear their destiny. They seized it. They showed us how the
worst of times can bring out the best in each other. And they left behind
a far greater California for the generations that succeeded them. So
shall we.
Jan. 8, 2003              ASSEMBLY JOURNAL                             139
  My friends, the state of our state has always been strong—not
because of the size of our treasury, but because of the soul of our people.
    Let us prove worthy of our rich legacy.
    Let us rise to the challenge of our time.
    Let us summon the courage to do what is right and the will to do
it together.
                          ADJOURN IN MEMORY
   Assembly Member Chan was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Marie Farrell Billings, of Alameda.
                          MOTION TO ADJOURN
  At 5:32 p.m., Assembly Member Firebaugh moved that the Assembly
do now adjourn.
  Assembly Member Cox seconded the motion.
  Motion carried.
          QUORUM CALL OF THE ASSEMBLY DISPENSED WITH
  At 5:33 p.m., Speaker Wesson declared the quorum call of the
Assembly dispensed with.
                       INTRODUCTION OF GUESTS
  Assembly Member Cox, of the 5th Assembly District, introduced
Hon. Fred Keeley, former Speaker pro Tempore of the Assembly.
                             ADJOURNMENT
   At 5:33 p.m., pursuant to the motion by Assembly Member
Firebaugh, the Assembly adjourned until 8:30 a.m., Thursday,
January 9, 2003, out of respect to the memory of Marie Farrell Billings,
on motion of Assembly Member Chan; and out of respect to the memory
of Philip Fay Stevenson on motion of Assembly Member Leno.


  HERB J. WESSON, JR., Speaker
                                     PAM CAVILEER, Minute Clerk
Jan. 9, 2003                     ASSEMBLY JOURNAL                                          141

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                        Thursday, January 9, 2003

                              SIXTH SESSION DAY

                      THIRTY-NINTH CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
142                      ASSEMBLY JOURNAL                Jan. 9, 2003


              PROCEEDINGS OF THE ASSEMBLY

                            IN ASSEMBLY


                             Assembly Chamber, Sacramento
                                      Thursday, January 9, 2003
  The Assembly met at 8:30 a.m.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Francesca Vega reading.
                               ROLL CALL
  The roll was called.
                     Quorum Call of the Assembly
  Assembly Member Vargas moved a quorum call of the Assembly.
  Motion carried. Time, 8:31 a.m.
  The Speaker pro Tempore directed the Sergeant at Arms to close the
doors, and to bring in the absent Members.
                            Quorum Present
  At 8:43 a.m., Speaker pro Tempore Kehoe declared a quorum of the
Assembly present.
  The roll call was completed, and the following answered to their
names—75:
Aghazarian       Dymally           Levine           Pacheco
Bates            Firebaugh         Lieber           Parra
Benoit           Frommer           Liu              Pavley
Berg             Garcia            Longville        Plescia
Bermudez         Goldberg          Lowenthal        Reyes
Bogh             Hancock           Maddox           Ridley-Thomas
Calderon         Harman            Maldonado        Runner
Campbell         Haynes            Matthews         Salinas
Canciamilla      Horton, Shirley   Maze             Samuelian
Chan             Houston           McCarthy         Simitian
Chavez           Jackson           Montanez         Spitzer
Chu              Keene             Mountjoy         Strickland
Cogdill          Kehoe             Mullin           Vargas
Cohn             Koretz            Nakanishi        Wiggins
Correa           La Malfa          Nakano           Wolk
Cox              La Suer           Nation           Wyland
Diaz             Laird             Negrete McLeod   Yee
Dutra            Leno              Nunez            Mr. Speaker
Dutton           Leslie            Oropeza
Jan. 9, 2003             ASSEMBLY JOURNAL                            143
                                PRAYER
  Upon invitation of Speaker pro Tempore Kehoe, the following prayer
was offered by Assembly Chaplain Rev. Constantine C. Pappademos:
  O Lord, Our Savior, You have told us that You will require much of
those to whom much is given. Grant that we who have been blessed with
good health and loving families may strive together to extend to others
what we so richly enjoy. And as we enter into the labors of other people,
may others in turn enter into ours, to the fulfillment of Your holy will
and our own everlasting salvation.—AMEN.
                PLEDGE OF ALLEGIANCE TO THE FLAG
  Upon request of Speaker pro Tempore Kehoe, Assembly Member
Leno then led the Assembly in the pledge of allegiance to the Flag.
        MOTION TO DISPENSE WITH READING OF THE JOURNAL
   Further reading of the Journal of the previous legislative day was
dispensed with on motion of Assembly Member Firebaugh, seconded
by Assembly Member Cogdill.
                  LEAVES OF ABSENCE FOR THE DAY
  By unanimous consent, the following Assembly Members were
granted leaves of absence for the day:
  On legislative business: Assembly Members Corbett and Daucher.
  Because of death in the family: Assembly Member Richman.
  Because of illness: Assembly Member Jerome E. Horton.
  Because of illness in his family: Assembly Member Steinberg.
                     EXPLANATIONS OF ABSENCE
   Pursuant to the Assembly Rules, the following explanations of
absence were ordered printed in the Journal:
                                                      January 3, 2003
The Honorable Herb Wesson
  Speaker of the Assembly
    State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker: I would like to request permission to be excused
from Session Thursday, January 9, 2003. I have been asked to attend to
CFEE Conference in Half Moon Bay.
   Thank you for your consideration of this matter. If you have any
questions or concerns please feel free to call me at (916) 319-2018.
            Sincerely,
                        ELLEN M. CORBETT, Assembly Member
                        Eighteenth District
144                      ASSEMBLY JOURNAL                  Jan. 9, 2003
                                                      January 2, 2003
The Honorable Herb Wesson
  Speaker of the Assembly
    State Capitol, Room 219
      Sacramento, California
  Dear Speaker Wesson: I am writing to request permission to be
excused from Floor Session on Thursday, January 9, 2003, as I have
been asked to be keynote speaker to 900 7th–12th graders at a school
conference in my district.
  I appreciate your consideration of this request. Please contact Stacey
Neese in my Capitol office at 319-2072 with any questions. Thank you.
            Sincerely,
                            LYNN DAUCHER, Assembly Member
                            Seventy-second District
                          COMMUNICATIONS
  The following communications were presented by the Speaker, and
ordered printed in the Journal:
                                            December 26, 2002
Mr. E. Dotson Wilson
  Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:    Reappointment of Allen Davenport
         to Commission on Health and Safety
         and Workers’ Compensation
  Dear Mr. Wilson: Please be advised I have reappointed Mr. Allen
Davenport to the Commission on Health and Safety and Workers’
Compensation. This is a term appointment starting December 26, 2002
and the expiration date is December 31, 2005.
             Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
                                                     January 8, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:     Reappointment of Jerold Neuman
          to Economic Strategy Panel
   Dear Mr. Wilson: Please be advised I have reappointed Mr. Jerold
Neuman to the Economic Strategy Panel. This is a term appointment
starting January 8, 2003 and the expiration date is December 31, 2006.
              Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
Jan. 9, 2003               ASSEMBLY JOURNAL                        145
                     SPECIAL COMMITTEE MEETINGS
   By unanimous consent, the following committees were permitted
to meet:
   Water, Parks and Wildlife, on Tuesday, January 14, 2003, at 9 a.m.;
   Health, on Tuesday, January 21, 2003;
   Revenue and Taxation, on February 3, 2003, at 1:30 p.m., in
Room 126;
   Banking and Finance, on February 4 or February 5, 2003;
   Business and Professions, on Tuesday, February 4, 2003.
                     REQUEST FOR PHOTOGRAPHER
  Assembly Member Cohn was granted unanimous consent that a
photographer be permitted on the Floor of the Assembly.
                           ADJOURN IN MEMORY
                            Moment of Silence
  Assembly Member Lowenthal was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Olivia Herrera, of Long Beach, and that the Assembly
observe a moment of silence in her honor.
  (Assembly Rule 45.5 suspended.)
                             DESK HELD OPEN
   Speaker pro Tempore Kehoe was granted unanimous consent that
the Desk be held open on Friday, January 10th, for purpose of
bill introduction.
                                    RECESS
   By unanimous consent, at 8:49 a.m., Speaker pro Tempore Kehoe
declared the Assembly recessed to permit the introduction of
special guests.
   Assembly Member Cohn introduced Hon. Andrés Bianchi,
Ambassador of Chile to the United States; Hon. Fernando Varela,
Consul General of Chile in San Francisco; Ms. Gloria Letelier de Florez
and her daughter Maria Florez. Assembly Member Cohn then presented
a resolution to Hon. Andrés Bianchi congratulating his distinguished
career and noteworthy accomplishments that have contributed to the
well-being of the people of Chile and Latin America, whereupon he then
addressed the assemblage.
                               RECONVENED
  At 8:51 a.m., the Assembly reconvened.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
                           ADJOURN IN MEMORY
   Assembly Member Berg was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Marge Alakszay, of Upper Lake.
   Assembly Member Chu was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Sandi Hurwitz, of Monterey Park.
   Assembly Member Laird was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Rick Best, of Sacramento.
146                            ASSEMBLY JOURNAL                           Jan. 9, 2003
  Assembly Member Longville was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Bob Holstein, of Riverside and Brooke Perry, of
San Bernardino.
  Assembly Member Lowenthal was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Edwin Joshua Wilson, of Long Beach; Cathy Fergus, of
San Pedro; and Melinda Lansing, of San Pedro.
  Assembly Member Runner was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Carl C. Barnes, of Palmdale.
                               MOTION TO ADJOURN
  At 8:56 a.m., Assembly Member Firebaugh moved that the Assembly
do now adjourn.
  Assembly Member Strickland seconded the motion.
  Motion carried.
            QUORUM CALL OF THE ASSEMBLY DISPENSED WITH
   At 8:57 a.m., Speaker pro Tempore Kehoe declared the quorum call
of the Assembly dispensed with.
                    INTRODUCTION AND FIRST READING OF
                             ASSEMBLY BILLS
   The following bills were introduced and read the first time:
   ASSEMBLY BILL NO. 98—Koretz. An act to add Section 512.5 to the Labor Code,
relating to employment.
  ASSEMBLY BILL NO. 99—La Suer. An act to add Chapter 5.8 (commencing with
Section 13849) to Title 6 of Part 4 of the Penal Code, relating to high technology crimes,
and making an appropriation therefor.
                                   RESOLUTIONS
   The following resolution was offered:
  ASSEMBLY JOINT RESOLUTION NO. 2—Jackson and Chan (Principal
Coauthor: Senator Karnette) (Coauthors: Berg, Bermudez, Calderon,
Canciamilla, Chavez, Chu, Cohn, Corbett, Diaz, Dutra, Dymally, Firebaugh,
Frommer, Goldberg, Hancock, Kehoe, Kortez, Laird, Leno, Levine, Lieber, Liu,
Longville, Lowenthal, Matthews, Montanez, Mullin, Nakano, Nation,
Negrete McLeod, Nunez, Oropeza, Parra, Pavley, Reyes, Richman,
Ridley-Thomas, Salinas, Simitian, Steinberg, Vargas, Wesson, Wiggins, Wolk, and
Yee) (Coauthors: Senators Bowen, Figueroa, Kuehl, Machado, Sher, and
Torlakson). Relative to the 30th anniversary of Roe v. Wade.
Jan. 9, 2003           ASSEMBLY JOURNAL                        147
                          ADJOURNMENT
   At 3 p.m., pursuant to the motion by Assembly Member Firebaugh,
the Assembly adjourned until 12 Noon, Monday, January 13, 2003, out
of respect to the memory of Olivia Herrera, on motion of Assembly
Member Lowenthal; out of respect to the memory of Marge Alakszay,
on motion of Assembly Member Berg; out of respect to the memory of
Sandi Hurwitz, on motion of Assembly Member Chu; out of respect
to the memory of Edwin Joshua Wilson, Cathy Fergus, and
Melinda Lansing, on motion of Assembly Member Lowenthal; out of
respect to the memory of Carl C. Barnes, on motion of Assembly
Member Runner; out of respect to the memory of Rick Best, on motion
of Assembly Member Laird; out of respect to the memory of
Bob Holstein and Brooke Perry, on motion of Assembly
Member Longville.


  HERB J. WESSON, JR., Speaker
                                 PAM CAVILEER, Minute Clerk
Jan. 10, 2003            ASSEMBLY JOURNAL                            149



                  CALIFORNIA LEGISLATURE
                    2003–04 REGULAR SESSION



    ASSEMBLY JOURNAL
                        RECESS JOURNAL NO. 7
                                 Assembly Chamber, Sacramento
                                          Friday, January 10, 2003
  The following Assembly Journal was printed for introduction of the
Governor’s Budget, in compliance with Article IV, Sec. 12(a) of the
Constitution, and pursuant to unanimous consent granted on Thursday,
January 9, 2003, for introduction of Assembly bills.
                  MESSAGES FROM THE GOVERNOR
   The following Budget message from the Governor was received and
ordered printed in the Journal:
                                                     January 10, 2003
To the Senate and the Assembly of the California Legislature:
   I submit for your consideration the Governor’s Budget for 2003–04.
   Californians have proven time and again that there is no threat or
crisis great enough to break our spirit. From devastating earthquakes, to
deadly floods and firestorms, Californians have risen to the occasion,
set aside personal concerns, and worked together to meet the challenge.
Each time, we emerged stronger and more resilient as a community.
   California now faces the most serious fiscal challenge in its history.
The choices are difficult and the consequences of those choices will
affect generations to come. This challenge must and will be met by
California’s leaders.
   Over the past four years, working together, we have made critical
investments in improving education, protecting public safety,
expanding access to health care, and providing taxpayers with
significant tax relief.
   With the pace of both the national and state economies continuing to
languish, and no significant rebound in sight, California has
experienced the most dramatic decline in revenues since World War II.
We bridged the budget gap last year with a mix of on-going and
one-time solutions. This year, the problem is larger and the choices are
more difficult.
   Every crisis presents an opportunity for change. Yes, we must pass a
budget and close the gap. This budget presents a plan to do that. We
would be failing in our duty to those who elected us, however, if we pass
150                           ASSEMBLY JOURNAL                         Jan. 10, 2003
on the tough decisions and do nothing to permanently fix what we know
to be broken. As California leaders address the fiscal crisis now before
us, we must seize the opportunity to develop a new fiscal blueprint for
California. We must design a new foundation for meeting the needs of
an already-changed California.
   The future is now. The challenge is ours. I look forward to working
with the Legislature to meet this task head on.
               Sincerely,
                                              GRAY DAVIS
   Accompanying Governor’s Budget and Budget Summary ordered
filed with the Secretary of State.
                               RECEIPT
   I acknowledge receipt this 10th day of January 2003 at 12:25 p.m., of
the budget for the 2003–2004 fiscal year, together with an explanatory
message delivered to me personally by Casey Elliott.
                                 HUGH R. SLAYDEN
                                 Acting Chief Clerk of the Assembly
                     INTRODUCTION OF ASSEMBLY BILLS
   The following bills were introduced:
  ASSEMBLY BILL NO. 100—Oropeza. An act making appropriations for the
support of the government of the State of California and for several public purposes in
accordance with the provisions of Section 12 of Article IV of the Constitution of the
State of California, and declaring the urgency thereof, to take effect immediately.
   ASSEMBLY BILL NO. 101—La Suer. An act to amend Sections 6455 and 10471
of the Business and Professions Code, to amend Sections 704.090, and 2033.5 of the
Code of Civil Procedure, to amend Section 13963 of the Government Code, to amend
Sections 243, 262, 273.5, 273.6, 422.95, 484.1, 550, 1202.4, 1203, 1203.044, 1203.097,
1203.1, 1203.1d, 1203.2, 1203.3, 1214, 1463.18, 2085.5, and 3000 of, to add Title 8.5
(commencing with Section 1230) to Part 2 of, and to repeal Sections 1202.42, 1202.43,
1202.45, 1202.46, 1214.5 of, the Penal Code, and to amend Sections 730.6, 1752.81,
1752.82, and 1766.1 of the Welfare and Institutions Code, relating to restitution.
  ASSEMBLY BILL NO. 102—Pacheco and Harman (Principal coauthor: Bates).
An act to amend Section 17204 of, and to add Chapter 6 (commencing with Section
17300) to Part 2 of Division 7 of, the Business and Professions Code, relating to unfair
competition.
  ASSEMBLY BILL NO. 103—Reyes. An act to add Section 4168 to the Business and
Professions Code, relating to pharmaceuticals.
  ASSEMBLY BILL NO. 104—Lowenthal. An act to add Section 1365.2 of the Civil
Code, relating to common interest developments.
  ASSEMBLY BILL NO. 105—Wiggins (Coauthors: Berg, Lowenthal, Matthews,
Pavley, Reyes, Salinas, and Wolk). An act to repeal Division 10.25 (commencing with
Section 10278) and Division 10.4 (commencing with Section 10285) of the Public
Resources Code, relating to agricultural lands, and making an appropriation therefor.
  ASSEMBLY BILL NO. 106—Corbett. An act to amend Section 22171 of the
Education Code, relating to state teachers’ retirement.
  ASSEMBLY BILL NO. 107—Corbett. An act relating to water, making an
appropriation therefor, and declaring the urgency thereof, to take effect immediately.
Jan. 10, 2003       ASSEMBLY JOURNAL                  151


  HERB J. WESSON, JR., Speaker
                             PAM CAVILEER, Minute Clerk
Jan. 13, 2003                    ASSEMBLY JOURNAL                                          153

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                         Monday, January 13, 2003

                           SEVENTH SESSION DAY

                      FORTY-THIRD CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
154                      ASSEMBLY JOURNAL               Jan. 13, 2003


              PROCEEDINGS OF THE ASSEMBLY

                            IN ASSEMBLY


                             Assembly Chamber, Sacramento
                                        Monday, January 13, 2003
  The Assembly met at 12 Noon.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Francesca Vega reading.
                               ROLL CALL
  The roll was called.
                     Quorum Call of the Assembly
  Assembly Member Chan moved a quorum call of the Assembly.
  Motion carried. Time, 12:01 p.m.
  The Speaker pro Tempore directed the Sergeant at Arms to close the
doors, and to bring in the absent Members.
                            Quorum Present
  At 12:09 p.m., Speaker pro Tempore Kehoe declared a quorum of the
Assembly present.
  The roll call was completed, and the following answered to their
names—78:
Aghazarian       Dymally           Lieber           Pavley
Bates            Firebaugh         Liu              Plescia
Benoit           Frommer           Longville        Reyes
Berg             Garcia            Lowenthal        Richman
Bermudez         Goldberg          Maddox           Ridley-Thomas
Bogh             Hancock           Maldonado        Runner
Calderon         Harman            Matthews         Salinas
Campbell         Haynes            Maze             Samuelian
Canciamilla      Horton, Shirley   McCarthy         Simitian
Chan             Houston           Montanez         Spitzer
Chavez           Jackson           Mountjoy         Steinberg
Chu              Keene             Mullin           Strickland
Cogdill          Kehoe             Nakanishi        Vargas
Cohn             Koretz            Nakano           Wiggins
Corbett          La Malfa          Nation           Wolk
Correa           La Suer           Negrete McLeod   Wyland
Daucher          Laird             Nunez            Yee
Diaz             Leno              Oropeza          Mr. Speaker
Dutra            Leslie            Pacheco
Dutton           Levine            Parra
Jan. 13, 2003            ASSEMBLY JOURNAL                            155
                                PRAYER
   Upon invitation of Speaker pro Tempore Kehoe, the following prayer
was offered by Assembly Chaplain Rev. Constantine C. Pappademos:
   O God, By Your blessing, You bring good results to honest labor.
Look with mercy upon our endeavors this day, Lord. Grant us calmness
of mind and steadiness of purpose, that we may do Your will in this short
life and inherit Your kingdom in the world to come.—AMEN.
                PLEDGE OF ALLEGIANCE TO THE FLAG
  Upon request of Speaker pro Tempore Kehoe, Assembly Member
Cogdill then led the Assembly in the pledge of allegiance to the Flag.
        MOTION TO DISPENSE WITH READING OF THE JOURNAL
   Further reading of the Journal of the previous legislative day was
dispensed with on motion of Assembly Member Firebaugh, seconded
by Assembly Member Cogdill.
                  LEAVES OF ABSENCE FOR THE DAY
  By unanimous consent, the following Assembly Members were
granted leaves of absence for the day:
  On legislative business: Assembly Member Jerome E. Horton.
  Because of illness: Assembly Member Cox.
                     EXPLANATIONS OF ABSENCE
   Pursuant to the Assembly Rules, the following explanation of
absence was ordered printed in the Journal:
                                                  January 13, 2003
The Honorable Herb J. Wesson, Jr.
  Speaker of the Assembly
      State Capitol, Room 219
        Sacramento, California
   Dear Mr. Speaker: I am respectfully requesting permission to be
excused from Assembly Floor Session on Monday, January 13, 2003,
due to legislative business in my district. I will be returning to
Sacramento on Wednesday, January 15, 2003, in time for Check-In
Session.
   I thank you in advance for your consideration of this request and if
you have any questions, please contact me at (916) 319-2051
or (916) 207-5100.
              Sincerely,
                         JEROME E. HORTON, Assembly Member
                         Fifty-first District
156                     ASSEMBLY JOURNAL               Jan. 13, 2003
                         COMMUNICATIONS
  The following communication was presented by the Chief Clerk, and
ordered printed in the Journal:
                                                      January 9, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that on January 9, 2003, the
Assembly Committee on Rules met and approved the following item:
  Standing Committee Jurisdictions for the 2003–04 Legislative
Session (6–0)
  Please ensure that this action is printed in the Assembly Journal.
            Sincerely,
                                                        JOE NATION
                                                        Chair
                          ASSEMBLY
               STANDING COMMITTEE JURISDICTIONS
  Aging and Long-Term Care
  Agriculture
  Appropriations
  Arts, Entertainment, Sports, Tourism, and Internet Media
  Banking and Finance
  Budget
  Business and Professions
  Education
  Elections, Redistricting and Constitutional Amendments
  Environmental Safety and Toxic Materials
  Governmental Organization
  Health
  Higher Education
  Housing and Community Development
  Human Services
  Insurance
  Jobs, Economic Development and the Economy
  Judiciary
  Labor and Employment
  Local Government
  Natural Resources
  Public Employees, Retirement and Social Security
  Public Safety
  Revenue and Taxation
  Rules
  Transportation
  Utilities and Commerce
  Veterans Affairs
  Water, Parks and Wildlife
Jan. 13, 2003            ASSEMBLY JOURNAL                    157

AGING AND LONG-TERM CARE
  Area Agencies on Aging
  Department of Aging
  Long term care services
  Older Americans Act
  Older Californians Act
  Senior citizens advocacy activities
  Senior Legislature
  Services for seniors in residential and day settings
  State Commission on Aging
AGRICULTURE
  Agriculture
  Agricultural chemicals
  Agricultural commodities and commissions
  Department of Food and Agriculture
  Department of Pesticide Regulation
  Economic poisons
  Expositions and fairs
  Food labeling
  Labeling of agricultural commodities
  Livestock and poultry
  Marketing law
  Milk and milk products
  Pest management and pesticides
  Veterinarians, agricultural issues
APPROPRIATIONS
  Fiscal bills
  General obligation bond acts
  Revenue bonds
ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND
 INTERNET MEDIA
  Arts
  Athletics, State Athletic Commission
  Entertainment
  Internet Media
  Motion picture industry
  Museums
  Tourism
BANKING AND FINANCE
  California Pollution Control Financing Authority
  Charitable and cooperative corporation law
  Consumer finance and credit reporting
  Corporate securities law
  Financial institutions
  Foreign banking
  Foreign investments in California financial institutions
  Formation of new corporate entities
  Franchises, except for arbitration of disputes between
    franchisor/franchisee
  Industrial development bonds
158                     ASSEMBLY JOURNAL                   Jan. 13, 2003
  Insurance finance and lending practices
  Real property finance
  State investment practices
BUDGET
  Budget bill
  Deficiency bills
  State mandated claims bills
  Current fiscal year appropriations for new projects
  Budget trailer bills which are not referred to a policy committee
  Bills which establish state budget policy and procedures
  Judgement and settlement bills
BUSINESS AND PROFESSIONS
  Administrative Procedure Act and Office of Administrative Law
  Charitable solicitation
  Consumer protection
  Creation of new regulatory agencies
  Department of General Services
  Governmental efficiency and cost control
  Licensing of health care professionals
  Occupational licensing
  Product labeling, except agricultural and medical
  Property acquisition, state and local
  Property acquisition law
  State governmental organization and reorganization
  State printing and binding contracts
  State procurement
  Sunsetting of boards and commissions
  Weights and measures
  Vocational education
  Veterinarians, licensing issues
EDUCATION
  Adult education
  Certificated employees of schools and teacher salaries
  Charter schools
  Leasing of school property
  K–12 education
  Pupil records
  School buses and crossing guards
  School facilities and finance
ELECTIONS, REDISTRICTING AND CONSTITUTIONAL
    AMENDMENTS
  California Political Reform Act
  Campaign finance
  Constitutional amendments
  Elections
  Redistricting
ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
  Department of Pesticide Regulation
  Drinking water regulation, toxic contamination of water
  Emergency response relating to hazardous materials
Jan. 13, 2003           ASSEMBLY JOURNAL                        159
  Hazardous waste regulation and remediation
  Pesticides: processed food and public health
  Proposition 65
  Regulation of consumer products containing toxic substances
    under the Sherman Food, Drug and Cosmetics Law
  Toxic air contaminants and indoor air quality
  Toxic substances and hazardous materials, except for
    workplace safety
  Underground storage tank regulation and cleanup
GOVERNMENTAL ORGANIZATION
 Alcoholic Beverage Control
 Emergency services, excluding medical emergencies
 Fire safety, excluding residential building standards
 Gaming
 Horse racing
 Natural disasters
 Offices of the Governor, Lieutenant Governor, State Controller, and
   State Treasurer
 Open meetings laws as they affect state government
 Public records and Public Records Act
 State Fire Marshal
 State holidays, seals, and official acts
 State Lottery
 Tobacco products
HEALTH
 Alcohol and drug abuse treatment
 Developmental disabilities
 Health care
 Licensing of health care facilities
 Mental health, except mentally disordered offenders
 Prescriptions
 Public health programs
HIGHER EDUCATION
  Academic research partnerships with the private sector
  Community college job training programs
  Postsecondary education, financial aid and campuses
HOUSING AND COMMUNITY DEVELOPMENT
 Condominium conversions
 Discrimination in housing
 Housing rehabilitation
 Mobile homes
 Public finance of housing
 Redevelopment
 Rent control
 Residential building standards
 Structural fire safety
 Subdivision Map Act re: housing
HUMAN SERVICES
 Children’s programs and services
 Foster care
160                     ASSEMBLY JOURNAL                  Jan. 13, 2003
  Licensing and regulation of community & child care facilities
  Public assistance (General Assistance, CalWORKs, and SSI/SSP)
  Services for developmentally disabled Californians
  Services for physically disabled Californians
  Department of Social Services programs
INSURANCE
  Disability insurance
  Insurance
  Insurance investment, excluding finance, lending and lending
    practices
  Unemployment compensation
  Vehicle financial responsibility
  Workers’ compensation
JOBS, ECONOMIC DEVELOPMENT, AND THE ECONOMY
  Business advocacy within California and the United States
  Business advocacy of import/export trade
  California-Mexico relations
  California overseas trade offices
  Department of Information Technology
  Development and expansion of new technologies, except energy
  Development of international high tech markets
  Economic disaster relief
  Economic impact reports
  Effect of balance of trade issues on California
  Enterprise Zones
  Expansion of overseas markets
  Foreign investments by California
  Foreign investments in California
  Impacts of federal budget on high tech projects
  Impacts of federal budget on international trade
  Information technology
  Industrial innovation and research
  International capital, including capital formation
  International trade, research and import/export finance
  Interstate commerce
  Seaports and physical infrastructure
  Sister state agreements and friendship agreements with other
     nations
  Small business development and operations
  State and local economic development
JUDICIARY
  Administration of justice and court personnel
  Administrative procedure
  Adoptions
  Arbitration of disputes between franchisor/franchisee
  Civic Code
  Code of Civil Procedure
  Condemnation
  Confidentiality of court records
  Eminent Domain
  Enforcement of judgements
Jan. 13, 2003           ASSEMBLY JOURNAL                             161
  Evidence Code, excluding criminal procedure
  Family Law
  Landlord/tenant relations
  Legal notices
  Liens
  Notary Public
  Probate Code
  Product liability
  Property acquisition (private property acquired by state agency)
  Public administration of estates
  State Bar
  Trade restraints
  Tort liability
LABOR AND EMPLOYMENT
  Agricultural Labor Relations Act
  Discrimination in employment
  Employment Development Department
  Unemployment insurance—length of coverage
  Workplace safety regulations and Cal-OSHA
LOCAL GOVERNMENT
  Administration of special districts
  Benefit assessments, special taxes and local alternative
    revenue sources
  City and county organization and powers
  Joint exercise of powers
  Local agency formation commissions
  Municipal Improvement Acts of 1911, 1913, etc.
  Ralph M. Brown Act
  Subdivisions
  Uniform accounting and reporting procedures for local agencies
NATURAL RESOURCES
  Beverage Container Recycling Act
  California Environmental Quality Act
  Coastal Act, Coastal Commission and Coastal Conservancy
  Coachella Valley Mountains Conservancy
  Department of Conservation programs
  Energy conservation, research, development, and demonstration
    and siting of power plants
  Forestry
  Harbors
  Lake Tahoe Conservancy
  Solid waste management, except hazardous substances
  Stationary source air pollution
  Natural Community Conservation Planning Act (land use
    planning)
  Oil Spill Prevention and Response Act
  San Francisco Bay Conservation and Development Commission
  Santa Monica Mountains Conservancy
  State lands
  Subdivision Map Act re: timber, coastal, agricultural land use
162                      ASSEMBLY JOURNAL               Jan. 13, 2003
  Tidelands and submerged lands
  Vessel traffic management systems (VTMS)
  Wild and scenic rivers
PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL SECURITY
  Classified school employees
  Judges Retirement Law
  Public employee collective bargaining
  Public retirement administration and investment strategy
PUBLIC SAFETY
  Asset forfeiture
  Controlled substances
  Crime victims and restitution
  Criminal procedure
  Driving under the influence
  Felony offenses and those misdemeanor violations not incidental
    to the subject of another committee
  Grand juries
  Impoundment of vehicles
  Inspection of stolen vehicles
  Juvenile law
  Peace officers
  Penal Code
  Qualifications of counsel in criminal matters
  Youth authority and prisons—construction and discipline
REVENUE AND TAXATION
  All matters relating to taxation
RULES
  Business of the Legislature
TRANSPORTATION
  California Highway Patrol
  Drivers’ licenses
  Highways and airports
  Mass transit systems
  Mobile sources of air pollution
  School bus safety and maintenance
  Seaports and physical infrastructure
  Transit authority
  Transportation financing
  Vehicles, aircraft, and vessels—operation, safety, equipment,
    transfer of ownership, licensing and registration
  Vehicle weight restrictions
UTILITIES AND COMMERCE
  Common carriers
  Expansion of overseas markets
  International trade, research and import/export finance
  Intrastate commerce
  Public Utilities Commission, rate increases regulated by the PUC
  Telecommunications
Jan. 13, 2003            ASSEMBLY JOURNAL                           163
  Trucking regulated by the PUC
  Women and minority business enterprises (WMBE)
VETERANS AFFAIRS
  Cal-Vet loan program
  Department of Veterans Affairs
  National Guard
  State military
  Veterans
WATER, PARKS AND WILDLIFE
 Department of Water Resources
 Drought relief
 Fish and game
 Flood control
 Native plants
 Natural Community Conservation Planning Act
 Parks and recreation
 State Historical Resources Commission
 State Water Resources Control Board
 Stream resource management
 Water and water supply planning
 Water rights and water banks
 Wildlife
                        PROPOSED INITIATIVES
   The following communications were presented by the Chief Clerk
from:
   Tricia Knight, Initiative Coordinator, Department of Justice, Office
of the Attorney General, Sacramento, transmitting copies of the title,
summary, and text of the following proposed initiatives, pursuant to
Section 9007, Elections Code:
             Personal Income Taxes. Collection. Procedures.
                  Initiative Statute. SA SA2002RF0023
   Referred by the Speaker to the Committee on Revenue and Taxation.
   The following communications were presented by the Chief Clerk,
from:
   Paula Higashi, Executive Director, Commission on State Mandates,
dated December 12, 2002, regarding information relative to a Petition
for Rulemaking: Cost Accounting Principles, Procedures, and
Standards, and referencing availability of petition at their website.
   (Pursuant to California Code of Regulations, Title 2, Section 1189.1)
   Referred by the Speaker to the Committee on Budget.
   Ralph Chandler, Deputy Director, Department of General Services,
dated January 10, 2002; Copy of memo which was originally sent to
Board and Commission Heads, Department Directors, State
Contracting and Purchasing Officials, and Small Business and DVBE
Advocates/Liaisons, relative to training for contracting and purchasing
officials responsible for completing DVBE reports to the Governor and
Legislature.
   Referred by the Speaker to the Committee on Utilities and
Commerce.
164                      ASSEMBLY JOURNAL                  Jan. 13, 2003
                               REPORTS
  The following letters of transmittal were presented by the Chief Clerk
and ordered printed in the Journal:
                        California State Auditor
                                                          99028.1
                                                   December 11, 2002
The Honorable Speaker of the Assembly
  The Honorable Members of the Assembly
          of the Legislature of California
     State Capitol, Room 3196
       Sacramento, California
   Members of the Assembly: As required by Chapter 479, Statutes of
1999, the Bureau of State Audits (bureau) presents its audit report
concerning the procurement of a single, statewide automated child
support system by the Department of Child Support Services
(department) with the Franchise Tax Board (board) acting as its agent.
The statute requires the bureau to monitor the evaluation and selection
process for any signs of bias or favoritism toward any bidder.
   This report describes the progress made during the past 2 years
toward procuring a single, statewide automated child support system.
While a team made up of personnel from the department and the board
used a predefined and approved performance-based contracting
approach, it received only one final proposal for the main system. The
proposal included a total system cost estimate of over $1.3 billion
covering 10 years. Following an example from a previous state
procurement where only a single proposal was received, the project
team hired a consultant to examine the reasonableness of the cost, the
results of which are still confidential.
   During our evaluation of the process used by the project team to score
the proposal, nothing came to our attention that would cause us to
conclude that the team deviated from the evaluation criteria, nor did
anything come to our attention to indicate that the project team
materially deviated from the predefined evaluation process, resulting in
bias or favoritism toward any potential bidders.
   For the main procurement, the project team needs to complete
contract negotiations, a feasibility study of viable options, and obtain
approvals. Recent uncertainties may cause the contract award for the
main system to extend from February 2003 to July 2003. Furthermore,
the project team still needs to complete the procurement of the state
disbursement unit, the second part of California’s procurement of a
single, statewide automated child support system that is less complex
and in the early stages of the process.
              Respectfully submitted,
                                                ELAINE M. HOWLE
                                                State Auditor
   Above report referred to the Committee on Human Services.
Jan. 13, 2003            ASSEMBLY JOURNAL                           165
                       California State Auditor
                                                        2002-010
                                                  December 17, 2002
The Honorable Speaker of the Assembly
  The Honorable Members of the Assembly
         of the Legislature of California
     State Capitol, Room 3196
       Sacramento, California
   Members of the Assembly: As required by Chapter 310, Statutes of
1995, the Bureau of State Audits presents its audit report concerning
the Department of Transportation’s (department) revenues and
expenditures authorized by the Seismic Retrofit Bond Act of 1996
(Bond Act). This report concludes that the department has ensured that
seismic retrofit projects funded with bond proceeds are consistent with
the purpose of the Bond Act. In addition, the department has continued
to reimburse the State Highway Account (highway account) and the
Consolidated Toll Bridge Fund (toll bridge fund) for expenditures
incurred during fiscal years 1994–95 and 1995–96 as required by the
Bond Act. As of June 30, 2002, the department has reimbursed the
highway account $78.1 million and the toll bridge fund $79,000.
According to the department, it intends to complete the reimbursement
process for the highway account and the toll bridge fund before the
Bond Act expires in 2005.
             Respectfully submitted,
                                               ELAINE M. HOWLE
                                               State Auditor
   Above report referred to the Committee on Transportation.

                       California State Auditor
                                                         2001-015
                                                     January 2, 2003
The Honorable Speaker of the Assembly
  The Honorable Members of the Assembly
          of the Legislature of California
     State Capitol, Room 3196
       Sacramento, California
   Members of the Assembly: As required by Chapter 111, Statutes
of 2001, the Bureau of State Audits presents its audit report concerning
the Department of Social Services’ (Social Services) Statewide
Fingerprint Imaging System (SFIS), which was designed to detect
duplicate-aid fraud.
   This report concludes that Social Services implemented SFIS without
determining the extent of duplicate-aid fraud through the State. In its
eagerness to implement SFIS, Social Services based its estimates of the
savings that SFIS would produce on an evaluation of Los Angeles
County’s fingerprint imaging system, rather than conducting its own
statewide study. We have concerns that the methods Los Angeles
County used to develop its savings estimate do not allow for the results
166                      ASSEMBLY JOURNAL                  Jan. 13, 2003
to be extrapolated statewide. Further, Social Services’ use of this data
assumes that conditions in Los Angeles County hold true in other
counties. Similar concerns were expressed by the United States
Department of Agriculture as early as 1998.
   Social Services did not implement SFIS in a manner that would allow
it to collect key statewide data during its implementation of SFIS.
Therefore, we are unable to determine whether SFIS generates enough
savings from deterring individuals from obtaining duplicate aid to cover
the estimated $31 million the State has paid for SFIS or the estimated
$11.4 million the State will likely pay each year to operate it. Further,
the exact cost of SFIS is unknown because Social Services does not
track the counties’ administrative costs. Social Services estimated the
total administrative costs that all counties except Los Angeles incurred
for fiscal year 2000–01 would be roughly $1.8 million, yet Riverside
County told us that its estimated costs for the same fiscal year were
roughly $1.4 million. Therefore, Social Services may be understating
the cost of implementing and operating SFIS substantially.
   The primary benefits that the State derives from continuing to use
SFIS are the proven effectiveness of fingerprint imaging technology to
identify duplicate fingerprints and its ability to identify applicants who
may travel from county to county seeking duplicate aid. However,
opponents of SFIS raise what appear to be valid concerns. For example,
they question whether the benefits of SFIS outweigh its potential
negative effects on the Food Stamp program, such as the fear it may
provoke in immigrant populations. Therefore, the State must weigh
these factors in deciding whether to continue SFIS.
             Respectfully submitted,
                                                 ELAINE M. HOWLE
                                                 State Auditor
   Above report referred to the Committee on Budget.
  The following reports were presented by the Chief Clerk:
      Public Interest Energy Research Program Semi-Annual Report
        (Pursuant to Public Resources Code Section 25620.5(h))
   Above transmitted report, together with letter of transmittal
from Arthur H. Rosenfeld, Commissioner and Presiding Member and
John L. Geesman, Commissioner and Associate Member Research,
Development and Demonstration Committee, California Energy
Commission, dated November 27, 2002, referred by the Speaker to the
Committee on Utilities and Commerce.
                          Contracting Report:
 Disabled Veteran Business Enterprise and Small Business Participation
           (Pursuant to Public Contract Code Section 10115.5)
  Above transmitted report, together with letter of transmittal from
R. Thomas Kraus, Acting Secretary, Department of Veterans Affairs,
dated December 10, 2002, referred by the Speaker to the Committee on
Utilities and Commerce.
Jan. 13, 2003            ASSEMBLY JOURNAL                             167
        Fall 2001 Classroom and Teaching Laboratory Utilization—
                         University of California
     (Pursuant to Supplemental Report to the Budget Act of 2002–03)
  Above transmitted report, together with letter of transmittal from
Larry Hershman, Vice President for Budget, University of California,
dated December 12, 2002, referred by the Speaker to the Committee
on Budget.
                    California State Lottery Fund:
               Financial Statements, September 30, 2002
            (Pursuant to Government Code Section 8880.22)
  Above transmitted report, together with letter of transmittal from
Patricia Eberhart, Chief, Finance Department, California Lottery
Commission, dated December 12, 2002, referred by the Speaker to the
Committee on Governmental Organization.
 Second Quarterly Low-Income Home Energy Assistance Program Report
                             (CAL LIHEAP)
       (Pursuant to Senate Bill 5X, Chapter 7, Statutes of 2001–02
                      First Extraordinary Session)
  Above transmitted report, together with letter of transmittal from
Timothy M. Dayonot, Director, Department of Community Services
and Development, dated March 13, 2002, referred by the Speaker to the
Committee on Utilities and Commerce.
  Third Quarterly Low-Income Home Energy Assistance Program Report
                              (CAL LIHEAP)
        (Pursuant to Senate Bill 5X, Chapter 7, Statutes of 2001–02
                       First Extraordinary Session)
  Above transmitted report, together with letter of transmittal from
Timothy M. Dayonot, Director, Department of Community Services
and Development, dated June 20, 2002, referred by the Speaker to the
Committee on Utilities and Commerce.
 Fourth Quarterly Low-Income Home Energy Assistance Program Report
                             (CAL LIHEAP)
       (Pursuant to Senate Bill 5X, Chapter 7, Statutes of 2001–02
                      First Extraordinary Session)
   Above transmitted report, together with letter of transmittal from
Timothy M. Dayonot, Director, Department of Community Services
and Development, dated September 3, 2002, referred by the Speaker to
the Committee on Utilities and Commerce.
    California Consumer Power and Conservation Financing Authority
                            Revenue Report
          (Pursuant to Budget Act 2002–03, Item 8665-0010-0465)
   Above transmitted report, together with letter of transmittal from
Laura R. Doll, Chief Executive Officer, Consumer Power Conservation
Financing Authority, dated December 16, 2002, referred by the Speaker
to the Committee on Budget.
         May 2002 Unemployment Insurance (UI) Fund Forecast
        (Pursuant to Unemployment Insurance Code Section 995)
  Above transmitted report, together with letter of transmittal from
Michael S. Bernick, Director, Employment Development Department,
dated December 3, 2002, referred by the Speaker to the Committee
on Insurance.
168                       ASSEMBLY JOURNAL                   Jan. 13, 2003
               Child Abuser Vertical Prosecution Program
                        Final Evaluation Report
                (Pursuant to Penal Code Section 999(y))
   Above transmitted report, together with letter of transmittal from
Wayne Strumpfer, Interim Executive Director, Office of Criminal
Justice Planning, dated December 13, 2002, referred by the Speaker to
the Committee on Public Safety.
                       Kapiloff Land Bank Report
            (Pursuant to Public Resources Code Section 861)
  Above transmitted report, together with letter of transmittal from
Paul D. Thayer, Executive Officer, California State Lands Commission,
dated December 11, 2002, referred by the Speaker to the Committee on
Natural Resources.
                Cal-PERS Basic Financial Statements for
                  the Fiscal Year Ended June 30, 2002
                     Independent Auditors’ Report
             (Pursuant to Government Code Section 20228)
   Above transmitted report, together with letter of transmittal from
William Dale Crist, President, Board of Administration, California
Public Employees’ Retirement System, dated December 13, 2002,
referred by the Speaker to the Committee on Public Employees,
Retirement and Social Security.
        California Commission on Tax Policy in the New Economy
                              Interim Report
       (Pursuant to Senate Bill 1933, Chapter 619, Statutes of 2000)
   Above transmitted report, together with letter of transmittal from
William J. Rosendahl, Chair, California Commission on Tax Policy in
the New Economy, dated November 25, 2002, referred by the Speaker
to the Committee on Revenue and Taxation.
             Disabled Veterans Business Enterprise Report—
                    July 1, 2001 through June 30, 2002
           (Pursuant to Public Contract Code Section 10115.5)
  Above transmitted report, together with letter of transmittal from
Lynne S. Coffin State Public Defender, Office of State Public Defender,
dated December 19, 2002, referred by the Speaker to the Committee on
Utilities and Commerce.
          Department of General Services Quarterly Report on
                   Capital Area East End Complex
            (Pursuant to Government Code Section 8169.5)
  Above report referenced in communication from Clothilde V.
Hewlett, Interim Director, Department of General Services, dated
December 9, 2002, stating availability of report at DGS website.
Referred by the Speaker to the Committee on Business and Professions.
                      Quarterly Report Concerning
      Methyl Tertiary Butyl Ether (MTBE) Use in California Gasoline
                       (July 1–September 30, 2002)
      (Pursuant to Senate Bill 1001, Chapter 814, Statutes of 1999)
  Above transmitted report, together with letter of transmittal from
Steve Larson, Executive Director, California Energy Commission,
dated November 22, 2002, referred by the Speaker to the Committee on
Natural Resources.
Jan. 13, 2003             ASSEMBLY JOURNAL                              169
      Inventory of California Greenhouse Gas Emissions and Sinks:
                                 1990–1999
       (Pursuant to Senate Bill 1771, Chapter 1018, Statutes of 2000)
  Above transmitted report, together with letter of transmittal from
Steve Larson, Executive Director, California Energy Commission,
dated November 22, 2002, referred by the Speaker to the Committee on
Natural Resources.
                 California Recycle Underutilized Sites
                         (Cal ReUSE) Program
          (Pursuant to Health and Safety Code Section 44525.7)
  Above transmitted report, together with letter of transmittal from
Eric D. Thomas, Deputy Executive Director, California Pollution
Control Financing Authority, dated December 30, 2002, referred by the
Speaker to the Committee on Environmental Safety and Toxic
Materials.
           Sustainable Communities Grant and Loan Program
                    Annual Report of Activities 2002
         (Pursuant to Health and Safety Code Sections 44525.6)
  Above transmitted report, together with letter of transmittal from
Eric D. Thomas, Deputy Executive Director, California Pollution
Control Financing Authority, dated December 30, 2002, referred by the
Speaker to the Committee on Local Government.
     Agency Representation by the Department of Water Resource’s
           California Energy Resources Scheduling Division
          Before the Federal Energy Regulatory Commission
          (Pursuant to Budget Act 2002, Item 3860-001-3100)
  Above transmitted report, together with letter of transmittal from
Thomas M. Hannigan, Director, Department of Water Resources, dated
November 26, 2002, referred by the Speaker to the Committee
on Budget.
                 California Department of Water Resources
 Activities and Expenditures Report—Quarter Ended September 30, 2001
              (Pursuant to Chapter 4, AB 1x, Statutes of 2001)
     California Department of Water Resources, Scheduling Division
    Activities and Expenditures Report, Quarter Ended March 31, 2002
              (Pursuant to Chapter 4, AB 1x, Statutes of 2001)
     California Department of Water Resources, Scheduling Division
                  Annual Report for Calendar Year 2001
             (Pursuant to Chapter 4, AB 1x, Statutes of 2001)
    California Department of Water Resources, Scheduling Division
    Activities and Expenditures Report, Quarter Ended June 30, 2002
             (Pursuant to Chapter 4, AB 1x, Statutes of 2001)
  Above transmitted reports, together with letter of transmittal from
Thomas M. Hannigan, Director, Department of Water Resources, dated
October 31, 2002, referred by the Speaker to the Committee on Utilities
and Commerce.
170                     ASSEMBLY JOURNAL                Jan. 13, 2003
                   SPECIAL COMMITTEE MEETINGS
   By unanimous consent, the following committee was permitted
to meet:
   Governmental Organization on Wednesday, February 26, 2003, at
1:30 p.m., in Room 4202.
                REFERENCE OF BILLS TO COMMITTEE
  Pursuant to the Assembly Rules, the following bills were referred to
committee:
  Assembly
   Bill No.                         Committee
        1 – – – – – – – – – – – – Aging & L.T.C.
        2 – – – – – – – – – – – – Pub. S.
        5 – – – – – – – – – – – – L. Gov.
        6 – – – – – – – – – – – – Pub. S.
        8 – – – – – – – – – – – – Ed.
        9 – – – – – – – – – – – – Heath
      10 – – – – – – – – – – – – Health and L. Gov.
      11 – – – – – – – – – – – – J., E.D. & E.
      12 – – – – – – – – – – – – Ed.
      13 – – – – – – – – – – – – Trans.
      14 – – – – – – – – – – – – B. & P.
      15 – – – – – – – – – – – – Ed.
      16 – – – – – – – – – – – – Nat. Res.
      17 – – – – – – – – – – – – Jud.
      18 – – – – – – – – – – – – Jud.
      21 – – – – – – – – – – – – H. & C.D.
      24 – – – – – – – – – – – – H. & C.D.
      26 – – – – – – – – – – – – Pub. S.
      27 – – – – – – – – – – – – Pub. S.
      28 – – – – – – – – – – – – G.O. and E.S. & T.M.
      29 – – – – – – – – – – – – Jud.
      30 – – – – – – – – – – – – Health
      31 – – – – – – – – – – – – Ed.
      32 – – – – – – – – – – – – H. & C.D.
      33 – – – – – – – – – – – – Trans.
      34 – – – – – – – – – – – – Pub. S.
      35 – – – – – – – – – – – – L. Gov. and H. & C.D.
      36 – – – – – – – – – – – – Ed.
      37 – – – – – – – – – – – – Health
      38 – – – – – – – – – – – – Ed.
      39 – – – – – – – – – – – – Pub. S.
      40 – – – – – – – – – – – – Higher Ed.
      41 – – – – – – – – – – – – Aging & L.T.C.
      42 – – – – – – – – – – – – Ed.
      43 – – – – – – – – – – – – Aging & L.T.C. and Health
      44 – – – – – – – – – – – – Jud.
      45 – – – – – – – – – – – – Trans.
      47 – – – – – – – – – – – – Nat. Res.
      48 – – – – – – – – – – – – Ed.
      49 – – – – – – – – – – – – Pub. S.
      50 – – – – – – – – – – – – Pub. S.
Jan. 13, 2003              ASSEMBLY JOURNAL                                171
      51 – – – – – – – – – – – – L. Gov.
      52 – – – – – – – – – – – – Ed.
      53 – – – – – – – – – – – – L. Gov.
      54 – – – – – – – – – – – – Ed.
      55 – – – – – – – – – – – – P.E.,R. & S.S.
      56 – – – – – – – – – – – – Ed.
      57 – – – – – – – – – – – – Pub. S.
      58 – – – – – – – – – – – – E.S. & T.M.
      59 – – – – – – – – – – – – A.,E.,S.,T. & I.M.
      60 – – – – – – – – – – – – Higher Ed.
      61 – – – – – – – – – – – – Ed.
      62 – – – – – – – – – – – – Trans.
      63 – – – – – – – – – – – – Rev. & Tax.
      64 – – – – – – – – – – – – Higher Ed.
      65 – – – – – – – – – – – – W.,P. & W.
      67 – – – – – – – – – – – – P.E.,R. & S.S.
      70 – – – – – – – – – – – – Pub. S.
      72 – – – – – – – – – – – – Hum. S.
      73 – – – – – – – – – – – – B. & F.
      74 – – – – – – – – – – – – Pub. S.
      75 – – – – – – – – – – – – P.E.,R. & S.S.
      78 – – – – – – – – – – – – Ed.
      79 – – – – – – – – – – – – B. & P.
Assembly Concurrent
   Resolution No.                  Committee
       1 – – – – – – – – – – – – Rls.
       2 – – – – – – – – – – – – Trans.
       3 – – – – – – – – – – – – A.,E.,S.,T. & I.M.
       4 – – – – – – – – – – – – Rls.
       6 – – – – – – – – – – – – Rls.
       7 – – – – – – – – – – – – Trans.
      10 – – – – – – – – – – – – Ed.
      11 – – – – – – – – – – – – Rls.
      12 – – – – – – – – – – – – Rls.
    House
Resolution No.                     Committee
       5 – – – – – – – – – – – – A.,E.,S.,T. & I.M.
       6 – – – – – – – – – – – – Rls.
                 REPORTS OF STANDING COMMITTEES
                             Committee on Rules
                                            Date of Hearing: January 13, 2003
 Mr. Speaker: Your Committee on Rules reports:
 Assembly Concurrent Resolution No. 12
With amendments with the recommendation: Amend, and be adopted, as amended.
                                                          NATION, Chairman
  Above resolution ordered on file.
                         JOINT RULE 62(a) WAIVED
  Assembly Member Firebaugh was granted unanimous consent that
Joint Rule 62(a) be waived for the purpose of setting Assembly Bill
No. 38 for hearing in the Committee on Education on Wednesday,
January 15, 2003.
172                           ASSEMBLY JOURNAL                         Jan. 13, 2003
                              ADJOURN IN MEMORY
   Assembly Member Bogh was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Officer Doug Jacobs, of Riverside Police Department.
  (Assembly Rule 45.5 suspended.)
                              ADJOURN IN MEMORY
  Assembly Member Richman was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Samuel Morro Dana, of Irvine.
  (Assembly Rule 45.5 suspended.)
                     FIRST READING OF ASSEMBLY BILLS
   The following bills were read the first time:
  (NOTE: Bills introduced on Friday, January 10, 2003.)
  ASSEMBLY BILL NO. 100—Oropeza. An act making appropriations for the
support of the government of the State of California and for several public purposes in
accordance with the provisions of Section 12 of Article IV of the Constitution of the
State of California, and declaring the urgency thereof, to take effect immediately.
   ASSEMBLY BILL NO. 101—La Suer. An act to amend Sections 6455 and 10471
of the Business and Professions Code, to amend Sections 704.090, and 2033.5 of the
Code of Civil Procedure, to amend Section 13963 of the Government Code, to amend
Sections 243, 262, 273.5, 273.6, 422.95, 484.1, 550, 1202.4, 1203, 1203.044, 1203.097,
1203.1, 1203.1d, 1203.2, 1203.3, 1214, 1463.18, 2085.5, and 3000 of, to add Title 8.5
(commencing with Section 1230) to Part 2 of, and to repeal Sections 1202.42, 1202.43,
1202.45, 1202.46, 1214.5 of, the Penal Code, and to amend Sections 730.6, 1752.81,
1752.82, and 1766.1 of the Welfare and Institutions Code, relating to restitution.
  ASSEMBLY BILL NO. 102—Pacheco and Harman (Principal coauthor: Bates).
An act to amend Section 17204 of, and to add Chapter 6 (commencing with Section
17300) to Part 2 of Division 7 of, the Business and Professions Code, relating to unfair
competition.
  ASSEMBLY BILL NO. 103—Reyes. An act to add Section 4168 to the Business
and Professions Code, relating to pharmaceuticals.
  ASSEMBLY BILL NO. 104—Lowenthal. An act to add Section 1365.2 of the Civil
Code, relating to common interest developments.
  ASSEMBLY BILL NO. 105—Wiggins (Coauthors: Berg, Lowenthal, Matthews,
Pavley, Reyes, Salinas, and Wolk). An act to repeal Division 10.25 (commencing with
Section 10278) and Division 10.4 (commencing with Section 10285) of the Public
Resources Code, relating to agricultural lands, and making an appropriation therefor.
  ASSEMBLY BILL NO. 106—Corbett. An act to amend Section 22171 of the
Education Code, relating to state teachers’ retirement.
  ASSEMBLY BILL NO. 107—Corbett. An act relating to water, making an
appropriation therefor, and declaring the urgency thereof, to take effect immediately.
                              ADJOURN IN MEMORY
   Assembly Member Corbett was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Bernice Anguillo, of San Leandro.
   Assembly Member Shirley Horton was granted unanimous consent
that when the Assembly adjourns on this day it do so out of respect to the
memory of Carol Waites, of San Diego.
   Assembly Members Shirley Horton and Haynes were granted
unanimous consent that when the Assembly adjourns on this day it do so
out of respect to the memory of Sharen Burton, of Temecula.
Jan. 13, 2003           ASSEMBLY JOURNAL                           173
   Assembly Member Matthews was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Inez Bennett, of Stockton.
   Assembly Member Montanez was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of David E. Garcia, of San Fernando.
   Assembly Member Nakano was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Albert Kopec, of Torrance.
   Assembly Member Pavley was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Pete Barrett, of Santa Monica.
   Assembly Member Reyes was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Hon. Robert ‘‘Bob’’ Kenyon, Former Mayor, of Selma, and Jeff
Taylor, of Fresno.
   Assembly Member Runner was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Bucky Wolter, of Lancaster.
   Assembly Member Simitian was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Art Lynch, of Los Altos.
   Assembly Member Yee was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Edna Welch, of San Francisco.
                          ANNOUNCEMENTS
  Speaker pro Tempore Kehoe announced the following session
schedule:
  Tuesday, January 14, 2003, Check-in Session, 7 a.m.–3 p.m.;
  Wednesday, January 15, 2003, Check-in Session, 7 a.m.–3 p.m.;
  Thursday, January 16, 2003, Floor Session, 8:30 a.m.;
  Friday, January 17, 2003, Check-in Session, 6 a.m.–3 p.m.;
  Tuesday, January 21, 2003, Floor Session, 1 p.m.
                        MOTION TO ADJOURN
  At 12:20 p.m., Assembly Member Firebaugh moved that the
Assembly do now adjourn.
  Assembly Member Cohn seconded the motion.
  Motion carried.
         QUORUM CALL OF THE ASSEMBLY DISPENSED WITH
   At 12:21 p.m., Speaker pro Tempore Kehoe declared the quorum call
of the Assembly dispensed with.
174                             ASSEMBLY JOURNAL                           Jan. 13, 2003
                    INTRODUCTION AND FIRST READING OF
                             ASSEMBLY BILLS
   The following bills were introduced and read the first time:
  ASSEMBLY BILL NO. 108—La Malfa. An act to amend Section 664 of the Penal
Code, relating to attempted murder.
  ASSEMBLY BILL NO. 109—Dymally. An act to amend Section 3543.5 of the
Government Code, relating to public school employment.
  ASSEMBLY BILL NO. 110—Oropeza. An act to add Title 6.6 (commencing with
Section 13910) to, and to add a title healing to Part 4 of, the Penal Code, relating to child
protection.
  ASSEMBLY BILL NO. 111—Corbett. An act to amend Section 3044 of the Family
Code, and to amend Section 273a of, and to add Title 10.5a (commencing with Section
14145) to Part 4 of the Penal Code, relating to child abuse.
   ASSEMBLY BILL NO. 112—Goldberg. An act to amend Sections 667 and 1170.12
of the Penal Code, relating to sentencing.
  ASSEMBLY BILL NO. 113—Chavez. An act to amend Section 12012.85 of the
Government Code, relating to gaming.
                                     RESOLUTIONS
   The following resolution was offered:
 HOUSE RESOLUTION NO. 7—Jackson (Coauthor: Bates). Relative to National
Mentoring Month.
                        MESSAGES FROM THE GOVERNOR
   The following message from the Governor was received and ordered
printed in the Journal:
                                  Governor’s Office, Sacramento
                                                    January 13, 2003
The Honorable Herb Wesson
  Speaker of the Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Speaker Wesson: I hereby designate Mike Gotch, Linda Adams,
Terry Myrrdin, Pamela Oto, Casey Elliott and Pam Gibbs as persons on
my staff who may sign for enrolled bills pursuant to Section 9509 of the
Government Code.
             Sincerely,
                                                      GRAY DAVIS
                            INTRODUCTION OF GUESTS
  Assembly Member Runner, of the 36th Assembly District, introduced
her husband, Hon. George Runner, former Member of the Assembly.
Jan. 13, 2003           ASSEMBLY JOURNAL                         175
                           ADJOURNMENT
   At 3 p.m., pursuant to the motion by Assembly Member Firebaugh,
the Assembly adjourned until 7 a.m, Tuesday, January 14, 2003, out of
respect to the memory of Officer Doug Jacobs, on motion of Assembly
Member Bogh; out of respect to the memory of Samuel Morro Dana, on
motion of Assembly Member Richman; out of respect to the memory of
Bernice Anguillo, on motion of Assembly Member Corbett; out of
respect to the memory of Carol Waites, on motion of Assembly Member
Shirley Horton; out of respect to the memory of Sharen Burton, on
motion of Assembly Members Shirley Horton and Haynes; out of
respect to the memory of Inez Bennett, on motion of Assembly Member
Matthews; out of respect to the memory of David E. Garcia, on
motion of Assembly Member Montanez; out of respect to the memory
of Albert Kopec, on motion of Assembly Member Nakano; out of
respect to the memory of Hon. Robert ‘‘Bob’’ Kenyon and Jeff Taylor,
on motion of Assembly Member Reyes; out of respect to the memory of
Bucky Wolter, on motion of Assembly Member Runner; out of respect
to the memory of Art Lynch, on motion of Assembly Member Simitian;
out of respect to the memory of Edna Welch, on motion of Assembly
Member Yee; and out of respect to the memory of Pete Barrett, on
motion of Assembly Member Pavley.


  HERB J. WESSON, JR., Speaker
                                  PAM CAVILEER, Minute Clerk
Jan. 14, 2003                    ASSEMBLY JOURNAL                                          177

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                        Tuesday, January 14, 2003

                             EIGHTH SESSION DAY

                    FORTY-FOURTH CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
178                        ASSEMBLY JOURNAL                  Jan. 14, 2003


              PROCEEDINGS OF THE ASSEMBLY

                              IN ASSEMBLY


                                     Assembly Chamber, Sacramento
                                            Tuesday, January 14, 2003
  The Assembly met at 7 a.m.
  Hon. Barbara Matthews, Assembly Member, 17th District,
presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Francesca Vega reading.
                                 ROLL CALL
  The following were placed upon the morning roll call—75:
Aghazarian         Dutton               Lieber           Pavley
Bates              Dymally              Liu              Plescia
Benoit             Firebaugh            Longville        Reyes
Berg               Frommer              Lowenthal        Richman
Bermudez           Garcia               Maddox           Ridley-Thomas
Bogh               Goldberg             Matthews         Runner
Calderon           Hancock              Maze             Salinas
Campbell           Harman               McCarthy         Samuelian
Canciamilla        Haynes               Montanez         Simitian
Chan               Horton, Shirley      Mountjoy         Spitzer
Chavez             Houston              Mullin           Steinberg
Chu                Jackson              Nakanishi        Strickland
Cogdill            Keene                Nakano           Vargas
Cohn               La Malfa             Nation           Wiggins
Corbett            La Suer              Negrete McLeod   Wolk
Correa             Laird                Nunez            Wyland
Daucher            Leno                 Oropeza          Yee
Diaz               Leslie               Pacheco          Mr. Speaker
Dutra              Levine               Parra
  Quorum present.
      At 2:03 p.m., Hon. Hannah-Beth Jackson, 35th District, presiding
                 REGULAR BUSINESS DISPENSED WITH
  By unanimous consent, the regular order of business of the Assembly
was dispensed with for this legislative day.
                   LEAVES OF ABSENCE FOR THE DAY
  By unanimous consent, the following Assembly Members were
granted leaves of absence for the day:
  On legislative business: Assembly Members Jerome E. Horton,
Koretz, and Maldonado.
  On personal business, and waiving per diem: Assembly Member
Kehoe.
  Because of illness: Assembly Member Cox
Jan. 14, 2003            ASSEMBLY JOURNAL                           179
                     EXPLANATIONS OF ABSENCE
   Pursuant to the Assembly Rules, the following explanations of
absence were ordered printed in the Journal:
                                                   January 13, 2003
The Honorable Herb J. Wesson, Jr.
   Speaker of the Assembly
      State Capitol, Room 219
        Sacramento, California
   Dear Mr. Speaker: I am respectfully requesting permission to be
excused from Check-In Session on Tuesday, January 14, 2003 and
Wednesday, January 15, 2003, due to legislative business in my district.
I will be returning to Sacramento on Thursday, January 16, 2003, in time
for Assembly Floor Session.
   I thank you in advance for your consideration of this request and if
you have any questions, please contact me at (916) 319-2051 or
(916) 207-5100.
              Sincerely,
                          JEROME E. HORTON, Assembly Member
                          Fifty-first District
                                                    January 10, 2003
The Honorable Herb J. Wesson, Jr.
  Speaker, California State Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker: I respectfully request to be excused from check-in
session and a caucus meeting on Tuesday, January 14, 2003 due to
legislative business.
   Should you have any questions, please contact Tish Becerra in
my Capitol office at 319-2042. Thank you for your consideration of
this request.
              Cordially,
                                PAUL KORETZ, Assembly Member
                                Forty-second District
                                                January 13, 2003
The Honorable Herb Wesson
  Speaker of the Assembly
    State Capitol, Room 219
      Sacramento, California
  Dear Mr. Speaker: I am writing to request that I be excused from
Check-in Session on Tuesday, January 14, 2003, due to legislative
business in my district.
  Thanking you in advance for your consideration of my request.
            Sincerely,
                         ABEL MALDONADO, Assembly Member
                         Thirty-third District
180                           ASSEMBLY JOURNAL                        Jan. 14, 2003
                   INTRODUCTION AND FIRST READING OF
                            ASSEMBLY BILLS
   The following bills were introduced and read the first time:
  ASSEMBLY BILL NO. 114—Nakano (Principal coauthor: Wiggins). An act to
amend Section 21655.5 of, and to add Section 363 to, the Vehicle Code, relating to
vehicles.
  ASSEMBLY BILL NO. 115—Jerome Horton and Ridley-Thomas. An act to
amend Sections 35294.7, 35294.8, and 44276.1 of, and to add Section 44276.2 to, the
Education Code, relating to school safety.
  ASSEMBLY BILL NO. 116—Nakano. An act to amend Section 4980.01 of the
Business and Professions Code, relating to the healing arts.
   ASSEMBLY BILL NO. 117—Kehoe. An act to amend Sections 120508 and
120521, and to add Section 120509 to, the Public Utilities Code, relating to
transportation.
  ASSEMBLY BILL NO. 118—Frommer. An act to amend Section 1653.5 of the
Vehicle Code, relating to vehicles.
  ASSEMBLY BILL NO. 119—Shirley Horton. An act to add Section 66025.1 to the
Education Code, relating to public postsecondary education.
  ASSEMBLY BILL NO. 120—Wyland. An act relating to water, and making an
appropriation therefor.
   ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 7—Dutra (Principal
coauthor: Wolk). A resolution to propose to the people of the State of California an
amendment to the Constitution of the State, by adding Article XIXC thereto, relating to
transportation.
                                  RESOLUTIONS
   The following resolutions were offered:
  ASSEMBLY CONCURRENT RESOLUTION NO. 13—Jackson (Coauthors:
Oropeza, Steinberg, and Wesson) (Coauthor: Senator Torlakson). Relative to Girls
and Women in Sports Week.
  HOUSE RESOLUTION NO. 8—Firebaugh. Relative to Nurse Anesthetists.
                      CONSIDERATION OF DAILY FILE
                   SECOND READING OF ASSEMBLY BILLS
  ASSEMBLY CONCURRENT RESOLUTION NO. 12—Relative to Dr. Martin
Luther King, Jr. Day.
   Resolution read; amendments proposed by the Committee on Rules
read and adopted, resolution ordered reprinted and to be placed upon the
third reading file.
                                  ADJOURNMENT
  At 3 p.m., the Assembly adjourned until 7 a.m., Wednesday,
January 15, 2003.


   HERB J. WESSON, JR., Speaker
                                           PAM CAVILEER, Minute Clerk
Jan. 14, 2003         ASSEMBLY JOURNAL                       181

         AMENDMENTS CONSIDERED BY THE
          ASSEMBLY ON JANUARY 14, 2003

The following measure was amended in the Assembly on this day:

                      ACR RN
                        12 0301108
                      Daily Total:        1
                  Cumulative Total:       1
Jan. 15, 2003                    ASSEMBLY JOURNAL                                          183

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                     Wednesday, January 15, 2003

                              NINTH SESSION DAY

                      FORTY-FIFTH CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
184                        ASSEMBLY JOURNAL                  Jan. 15, 2003


              PROCEEDINGS OF THE ASSEMBLY

                              IN ASSEMBLY


                                     Assembly Chamber, Sacramento
                                         Wednesday, January 15, 2003
  The Assembly met at 7 a.m.
  Hon. Barbara Matthews, Assembly Member, 17th District,
presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Francesca Vega reading.
                                 ROLL CALL
  The following were placed upon the morning roll call—74:
Aghazarian         Dymally             Lieber           Pavley
Bates              Firebaugh           Liu              Plescia
Benoit             Frommer             Longville        Reyes
Berg               Garcia              Lowenthal        Richman
Bermudez           Goldberg            Maddox           Ridley-Thomas
Bogh               Hancock             Maldonado        Runner
Calderon           Harman              Matthews         Samuelian
Campbell           Haynes              Maze             Simitian
Canciamilla        Horton, Shirley     McCarthy         Spitzer
Chan               Houston             Montanez         Steinberg
Chavez             Jackson             Mountjoy         Strickland
Chu                Keene               Mullin           Vargas
Cogdill            Koretz              Nakanishi        Wiggins
Cohn               La Malfa            Nakano           Wolk
Correa             La Suer             Negrete McLeod   Wyland
Daucher            Laird               Nunez            Yee
Diaz               Leno                Oropeza          Mr. Speaker
Dutra              Leslie              Pacheco
Dutton             Levine              Parra
  Quorum present.
      At 1:05 p.m., Hon. Hannah-Beth Jackson, 35th District, presiding
                 REGULAR BUSINESS DISPENSED WITH
  By unanimous consent, the regular order of business of the Assembly
was dispensed with for this legislative day.
                   LEAVES OF ABSENCE FOR THE DAY
  By unanimous consent, the following Assembly Members were
granted leaves of absence for the day:
  On legislative business: Assembly Members Corbett, Jerome E.
Horton, Nation, and Salinas.
  On personal business, and waiving per diem: Assembly Member
Kehoe.
  Because of illness: Assembly Member Cox.
Jan. 15, 2003                ASSEMBLY JOURNAL                                 185
                        EXPLANATIONS OF ABSENCE
   Pursuant to the Assembly Rules, the following explanations of
absence were ordered printed in the Journal:
                                                    January 14, 2003
The Honorable Herb Wesson
  Speaker of the Assembly
    State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker: I would like to request permission to be excused
from check-in session on Wednesday, January 15th. I have district
business to attend to.
   Thank you for your consideration of this matter. If you have any
questions or concerns, please feel free to call me at (916) 319-2018.
             Sincerely,
                        ELLEN M. CORBETT, Assembly Member
                        Eighteenth District
                                                    January 14, 2003
The Honorable Herb Wesson, Jr.
  Speaker of the Assembly
    State Capitol, Room 219
      Sacramento, California
  Dear Mr. Speaker: I respectfully request to be excused from Check-in
Session on Wednesday, January 15, 2003 due to legislative business in
my district.
  Thank you for your consideration of this request.
             Sincerely,
                                  JOE NATION, Assembly Member
                                  Sixth District
                                                    January 9, 2003
The Honorable Herb J. Wesson, Jr., Speaker
  California State Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Speaker Wesson: I respectfully request that I be excused from
Session on January 15 and 16, 2003. I will be in my District attending
to important legislative business. If you have any questions regarding
this request, please feel free to contact Emilee Ford in my
Capitol Office.
             Best wishes,
                             SIMÓN SALINAS, Assembly Member
                             Twenty-eighth District
   (NOTE: For letter explaining the absence for Assembly Member Jerome E. Horton on
this day on legislative business pursuant to the Assembly Rules, see Assembly Daily
Journal for January 14, 2003.)
                      SPECIAL COMMITTEE MEETINGS
   By unanimous consent, the following committees were permitted
to meet:
   Aging and Long-Term Care, to convene jointly with Transportation
on Monday, February 3, 2003, at 1:30 p.m., in Room 4202.
186                          ASSEMBLY JOURNAL                       Jan. 15, 2003
               ENGROSSMENT AND ENROLLMENT REPORTS
                                             Assembly Chamber, January 15, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Concurrent Resolution No. 12
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
  Above resolution ordered on file.
                  INTRODUCTION AND FIRST READING OF
                           ASSEMBLY BILLS
  The following bills were introduced and read the first time:
  ASSEMBLY BILL NO. 121—Simitian. An act to add Division 38 (commencing
with Section 72400) to the Public Resources Code, relating to vessels.
  ASSEMBLY BILL NO. 122—Calderon. An act to amend Sections 6377, 17053.49,
and 23649 of the Revenue and Taxation Code, relating to taxation, to take effect
immediately, tax levy.
   ASSEMBLY BILL NO. 123—Cohn and Chavez. An act to amend Section 13401.5
of the Corporations Code, relating to professional corporations.
  ASSEMBLY BILL NO. 124—Cogdill. An act to amend Section 17052 of the
Education Code, relating to school facilities.
  ASSEMBLY BILL NO. 125—Cogdill. An act to amend Sections 11379.6, 11383,
and 11644 of, and to add Section 11383.5 to, the Health and Safety Code, relating to
controlled substances.
  ASSEMBLY BILL NO. 126—Campbell. An act to add Section 11082 to the
Government Code, relating to publicly funded advertisements.
  ASSEMBLY BILL NO. 127—La Malfa. An act to add Section 96.24 to the
Revenue and Taxation Code, relating to local government finance.
   ASSEMBLY BILL NO. 128—Campbell. An act to amend and repeal Section 65004
of the Revenue and Taxation Code, relating to taxation.
   ASSEMBLY BILL NO. 129—Cohn. An act to add Title 1.81.2 (commencing with
Section 1798.90.1) to Part 4 of Division 3 of the Civil Code, relating to personal
information.
  ASSEMBLY BILL NO. 130—Campbell. An act to amend Section 1808.4 of the
Vehicle Code, relating to the Department of Motor Vehicles.
                                ADJOURNMENT
  At 3 p.m., the Assembly adjourned until 8:30 a.m., Thursday,
January 16, 2003.


  HERB J. WESSON, JR., Speaker
                                          PAM CAVILEER, Minute Clerk
Jan. 16, 2003                    ASSEMBLY JOURNAL                                          187

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                       Thursday, January 16, 2003

                              TENTH SESSION DAY

                      FORTY-SIXTH CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
188                      ASSEMBLY JOURNAL               Jan. 16, 2003


              PROCEEDINGS OF THE ASSEMBLY

                            IN ASSEMBLY


                             Assembly Chamber, Sacramento
                                     Thursday, January 16, 2003
  The Assembly met at 8:30 a.m.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Brian Ebbert reading.
                               ROLL CALL
  The roll was called.
                     Quorum Call of the Assembly
  Assembly Member Mountjoy moved a quorum call of the Assembly.
  Motion carried. Time, 8:31 a.m.
  The Speaker pro Tempore directed the Sergeant at Arms to close the
doors, and to bring in the absent Members.
                            Quorum Present
  At 8:41 a.m., Speaker pro Tempore Kehoe declared a quorum of the
Assembly present.
  The roll call was completed, and the following answered to their
names—76:
Aghazarian       Dymally           Levine           Parra
Bates            Firebaugh         Lieber           Pavley
Benoit           Frommer           Liu              Plescia
Berg             Garcia            Longville        Reyes
Bermudez         Goldberg          Lowenthal        Richman
Bogh             Hancock           Maldonado        Ridley-Thomas
Canciamilla      Harman            Matthews         Runner
Chan             Haynes            Maze             Salinas
Chavez           Horton, Jerome    McCarthy         Samuelian
Chu              Horton, Shirley   Montanez         Simitian
Cogdill          Jackson           Mountjoy         Spitzer
Cohn             Keene             Mullin           Steinberg
Corbett          Kehoe             Nakanishi        Strickland
Correa           Koretz            Nakano           Vargas
Cox              La Malfa          Nation           Wiggins
Daucher          La Suer           Negrete McLeod   Wolk
Diaz             Laird             Nunez            Wyland
Dutra            Leno              Oropeza          Yee
Dutton           Leslie            Pacheco          Mr. Speaker
Jan. 16, 2003             ASSEMBLY JOURNAL                             189
                                 PRAYER
   Upon invitation of Speaker pro Tempore Kehoe, the following prayer
was offered by Alternate Chaplain Rev. Ivan L. Williams, Sr.:
   Our Father in Heaven, We pray this morning that Thou wilt teach us
all how to live, that we may provide an example to all the world that all
men and women are created equal in Your sight. Yet we confess before
Thee that bigotry, injustice, and intolerance still plagues us in this land.
   We pray, O God, that brother and sisterhood along with fairness,
justice, love, and the spirit to do good will reign supreme in these halls
of legislation. We thank You this morning for allowing us to stand in the
legacy of one of Your sons named Martin Luther King, Jr., a man who
left for us his life, mettle, and deeds. Your Son, O God, a drum major
for justice.
   We ask that in this place the striving for justice will be for all
the people, and by people that California and America will be a
better place for all of Your people and we ask this in the name of
our God.—AMEN!
                 PLEDGE OF ALLEGIANCE TO THE FLAG
   Upon request of Speaker pro Tempore Kehoe, Assembly Member
Ridley-Thomas then led the Assembly in the pledge of allegiance to
the Flag.
        MOTION TO DISPENSE WITH READING OF THE JOURNAL
   Further reading of the Journal of the previous legislative day was
dispensed with on motion of Assembly Member Firebaugh, seconded
by Assembly Member Cogdill.
                   LEAVES OF ABSENCE FOR THE DAY
  By unanimous consent, the following Assembly Members were
granted leaves of absence for the day:
  On legislative business: Assembly Members Calderon, Campbell,
Houston, and Maddox.
                      EXPLANATIONS OF ABSENCE
   Pursuant to the Assembly Rules, the following explanations of
absence were ordered printed in the Journal:
                                                   January 14, 2003
The Honorable Herb J. Wesson, Jr.
   Speaker of the Assembly
     State Capitol
       Sacramento, California
   Dear Mr. Speaker: I am writing today to request to be excused from
Session, Thursday, January 16, 2003 and Check in Session, Friday,
January 17, 2003 to attend legislative business in my district office. If
you have any questions please contact Tiffany Morrison
at (916) 319-2058.
             Sincerely,
                     RONALD S. CALDERON, Assembly Member
                     Fifty-eighth District
190                      ASSEMBLY JOURNAL                  Jan. 16, 2003
                                                    January 13, 2003
The Honorable Herb Wesson
  Speaker of the Assembly
    State Capitol, Room 219
       Sacramento, California
  Dear Speaker Wesson: I respectfully request permission to travel to
my district and be excused from Assembly Floor Session on Thursday,
January 16th and Friday, January 17th due to legislative business in
my district.
  Thank you for you consideration of this request. If you have any
questions, please do not hesitate to contact me at (916) 319-2070.
             Sincerely,
                           JOHN CAMPBELL, Assembly Member
                           Seventieth District
                                                    January 14, 2003
The Honorable Herb Wesson
   Speaker, California State Assembly
     State Capitol
        Sacramento, California
   Dear Mr. Speaker: I respectfully request to be excused from Session
on Thursday, January 16, 2003 due to legislative business in the district.
   If you have any questions, please contact Sarah Sprouse in my office
at 319-2015. Thank you for your consideration of this request.
             Sincerely,
                               GUY HOUSTON, Assembly Member
                               Fifteenth District
                                                    January 7, 2003
The Honorable Herb Wesson
  Speaker of the California State Assembly
    State Capitol, Room 219
      Sacramento, California
   Dear Mr. Speaker: I respectfully request authorization to be absent
from check-in session on Thursday, January 16 and session on Friday,
January 17, 2003. I will be traveling to my district on legislative
business.
   Thank you for your consideration of my request.
            Sincerely,
                              KEN MADDOX, Assembly Member
                              Sixty-eighth District
Jan. 16, 2003            ASSEMBLY JOURNAL                            191
                           COMMUNICATIONS
  The following communication was presented by the Speaker, and
ordered printed in the Journal:
                                                  January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed
Assemblymember Jackie Goldberg to replace Assemblymember Joe
Canciamilla on the Assembly Budget Subcommittee #3—Resources for
today’s hearing only.
            Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly



   The following communications were presented by the Chief
Clerk from:
   Grantland Johnson, Secretary, Health and Human Services Agency,
dated December 27, 2002, regarding delay in submitting a report
concerning a study of trends affecting the need for long-term care
services and other supportive services for the elderly and younger adults
with disabilities.
   (Pursuant to Assembly Bill 452, Chapter 895, Statutes of 1999)
   Referred by the Speaker to the Committee on Aging and Long
Term Care.
   Steven W. Mayberg, Ph.D., Director, Department of Mental
Health, dated December 5, 2002, transmitting information in lieu of
the report on the Status of Dual Diagnosis Pilot Projects for
Culturally Diverse Adults with Co-Occurring Mental Illness and
Substance-Related Disorders.
   (Pursuant to Assembly Bill 2877, Chapter 93, Statutes of 2000)
   Referred by the Speaker to the Committee on Budget.
  Chris D. Janzen, Director, Administrative Services Division,
Department of Justice, dated December 13, 2002, relative to delay in
submitting Report on Juvenile Court and Probation Statistical System.
  (Pursuant to Penal Code Section 13012.5)
  Referred by the Speaker to the Committee in Public Safety.
      2001–02 Annual Disabled Veterans Business Enterprise Report
  Above transmitted report, together with letter of transmittal from
Teresa Becher, Interim Director, Business, Transportation and Housing
Agency, dated December 18, 2002, referred by the Speaker to the
Committee on Utilities and Commerce.
192                            ASSEMBLY JOURNAL                         Jan. 16, 2003
       2001–02 Annual Disabled Veterans Business Enterprise Report
          (Pursuant to Public Contract Code Section 10115.5 and
                     Military and Veterans Code 999.7)
  Above transmitted report, together with letter of transmittal from
Julie Bornstein, Director, Office of Housing and Community
Development, dated December 27, 2002, referred by the Speaker to the
Committee on Utilities and Commerce.
                Financial Status of the Regional Centers for
                     Fiscal Years 2000–01 and 2001–02
       (Pursuant to Assembly Bill 2780, Chapter 310, Statutes of 1998)
  Above transmitted report, together with letter of transmittal from
Cliff Allenby, Director, Department of Developmental Services, dated
December 12, 2002, referred by the Speaker to the Committee
on Budget.
              Disabled Veteran Business Enterprise Participation
                  Contracting Report for Fiscal Year 2001–02
            (Pursuant to Public Contract Code Section 10115.5 and
                       Military and Veterans Code 999.7)
   Above transmitted report, together with letter of transmittal from
Andrea E. Tuttle, Director, Department of Forestry and Fire Protection,
referred by the Speaker to the Committee on Utilities and Commerce.
                     Medi-Cal Providers on Probation—
          2001 Report, January 1, 2000 through December 31, 2000
        (Pursuant to Welfare and Institutions Code, Section 14124.12)
                     Medi-Cal Providers on Probation—
          2002 Report, January 1, 2001 through December 31, 2001
        (Pursuant to Welfare and Institutions Code, Section 14124.12)
  Above transmitted reports, together with letters of transmittal from
Diana M. Bonta, R.N., Dr. P.H., Director, Department of Health
Services, dated December 17, 2002, referred by the Speaker to the
Committee on Health.
                          AUTHOR’S AMENDMENTS
                 Committee on Aging and Long-Term Care
                                                            January 16, 2003
  Mr. Speaker: The Chair of your Committee on Aging and Long-Term Care reports:
  Assembly Bill No. 41
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                     DAUCHER, Chairwoman
  ASSEMBLY BILL NO. 41—An act to add Section 9400.5 to the Welfare and
Institutions Code, relating to aging, making an appropriation therefor, and declaring the
urgency thereof, to take effect immediately.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
Jan. 16, 2003              ASSEMBLY JOURNAL                                193
                         AUTHOR’S AMENDMENTS
                           Committee on Rules
                                                             January 16, 2003
  Mr. Speaker: The Chair of your Committee on Rules reports:
  Assembly Concurrent Resolution No. 1
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                           NATION, Chairman
  ASSEMBLY CONCURRENT RESOLUTION NO. 1—Relative to California
Holocaust Memorial Week.
  Resolution read; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; resolution ordered reprinted, and to
be re-referred to the committee.
                         AUTHOR’S AMENDMENTS
                          Committee on Education
                                                              January 16, 2003
  Mr. Speaker: The Chair of your Committee on Education reports:
  Assembly Bill No. 42
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                   GOLDBERG, Chairwoman
   ASSEMBLY BILL NO. 42—An act to amend Section 52124 of the Education Code,
relating to public schools.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
                 REPORTS OF STANDING COMMITTEES
                             Committee on Rules
                                            Date of Hearing: January 16, 2003
 Mr. Speaker: Your Committee on Rules reports:
 Assembly Concurrent Resolution No. 4
With amendments with the recommendation: Amend, and be adopted, as amended.
                                                          NATION, Chairman
  Above resolution ordered to second reading.
                                            Date of Hearing: January 16, 2003
 Mr. Speaker: Your Committee on Rules reports:
 House Resolution No. 6
With the recommendation: Be adopted.
                                                          NATION, Chairman
  Above resolution ordered to third reading.
194                        ASSEMBLY JOURNAL             Jan. 16, 2003
                  REFERENCE OF BILLS TO COMMITTEE
   Pursuant to the Assembly Rules, the following bills were referred
to committee:
  Assembly
    Bill No.                         Committee
       80 – – – – – – – – – – – – P.E.,R. & S.S.
       81 – – – – – – – – – – – – Ins.
       82 – – – – – – – – – – – – Rev. & Tax.
       83 – – – – – – – – – – – – E.S. & T.M.
       84 – – – – – – – – – – – – U. & C.
       85 – – – – – – – – – – – – P.E.,R. & S.S.
       86 – – – – – – – – – – – – Ed.
       87 – – – – – – – – – – – – Ins.
       88 – – – – – – – – – – – – Jud.
       89 – – – – – – – – – – – – L. & E.
       91 – – – – – – – – – – – – P.E.,R. & S.S.
       92 – – – – – – – – – – – – P.E.,R. & S.S.
       93 – – – – – – – – – – – – W.,P. & W. and E.S. & T.M.
       95 – – – – – – – – – – – – Jud.
       96 – – – – – – – – – – – – Ed.
       97 – – – – – – – – – – – – Ed.
Assembly Joint
Resolution No.                       Committee
         1 – – – – – – – – – – – – Ins.
         2 – – – – – – – – – – – – Jud.
                     REQUEST FOR PHOTOGRAPHER
  Assembly Member Jerome E. Horton was granted unanimous
consent that a photographer be permitted on the Floor of the Assembly.
                           ADJOURN IN MEMORY
  Assembly Member Wyland was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Ron Bird, of San Diego.
  (Assembly Rule 45.5 suspended.)
                           ADJOURN IN MEMORY
  Assembly Member Mountjoy was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Virgil G. Thomas, of Sacramento.
  (Assembly Rule 45.5 suspended.)
Jan. 16, 2003              ASSEMBLY JOURNAL                            195
                        CONSIDERATION OF DAILY FILE
                     THIRD READING OF ASSEMBLY BILLS
  ASSEMBLY CONCURRENT RESOLUTION NO. 12 (Jerome E. Horton)—
Relative to Dr. Martin Luther King, Jr. Day.
       At 9:10 a.m., Hon. Jerome E. Horton, 51st District, presiding
  Resolution read, and presented by Assembly Member Dymally.
                      Members Made Coauthors of
                  Assembly Concurrent Resolution No. 12
   Assembly Member Dymally was granted unanimous consent to open
the roll for the purpose of permitting Members to add as coauthors of
Assembly Concurrent Resolution No. 12.
                                    Roll Call
  The following Assembly Members indicated a desire to
become coauthors:
  Aghazarian, Bates, Benoit, Berg, Bermudez, Bogh, Canciamilla,
Chan, Chavez, Chu, Cogdill, Cohn, Corbett, Correa, Cox, Daucher,
Diaz, Dutra, Dutton, Firebaugh, Frommer, Garcia, Goldberg, Hancock,
Harman, Shirley Horton, Jackson, Keene, Kehoe, Koretz, La Malfa,
La Suer, Laird, Leno, Leslie, Levine, Lieber, Liu, Lowenthal,
Maldonado, Matthews, Maze, McCarthy, Montanez, Mountjoy, Mullin,
Nakanishi, Nakano, Nation, Negrete McLeod, Nunez, Oropeza,
Pacheco, Parra, Pavley, Plescia, Reyes, Richman, Runner, Salinas,
Samuelian, Simitian, Spitzer, Steinberg, Strickland, Vargas, Wiggins,
Wolk, Wyland, and Yee.
                      Request for Unanimous Consent
   Assembly Member Dymally was granted unanimous consent to take
up Assembly Concurrent Resolution No. 12, as amended, without
reference to print or file, and that the same be considered engrossed.
  Consideration of Assembly Concurrent Resolution No. 12, as Amended
  ASSEMBLY CONCURRENT RESOLUTION NO. 12—Relative to Dr. Martin
Luther King, Jr. Day.
  Resolution read, as amended, and adopted.
  Resolution ordered printed, and transmitted to the Senate.
             RECESS FOR CEREMONY IN OBSERVATION OF
                 DR. MARTIN LUTHER KING, JR. DAY
   By unanimous consent, at 9:46 a.m., Acting Speaker Jerome E.
Horton declared the Assembly recessed to permit the introduction of
the Lee Family, of Sacramento, whereupon they gave a musical
performance for the Members of the Assembly in honor and celebration
of Dr. Martin Luther King’s birthday.
                               RECONVENED
  At 9:56 a.m., the Assembly reconvened.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
                           ADJOURN IN MEMORY
  Assembly Member Wiggins was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Glenn Hill, of Santa Rosa.
  (Assembly Rule 45.5 suspended.)
196                      ASSEMBLY JOURNAL                  Jan. 16, 2003
                           ANNOUNCEMENTS
  Speaker pro Tempore Kehoe announced the following
session schedule:
  Friday, January 17, 2003, Check-in Session, 6 a.m.–3 p.m.;
  Tuesday, January 21, 2003, Floor Session, 1 p.m.
                    SPECIAL COMMITTEE MEETINGS
  Assembly Member Corbett was granted unanimous consent that the
Committee on Judiciary be permitted to hold a special meeting on
Tuesday, January 21, 2003, at 12:30 p.m., prior to Floor session, for the
purpose of setting Assembly Joint Resolution No. 2 for hearing.
               COMMITTEE MEETING ANNOUNCEMENTS
  Assembly Member Simitian announced that Budget Subcommittee
No. 2 would meet today, upon adjournment of Floor session, in
Room 447.
  Assembly Member Pavley announced that Budget Subcommittee
No. 3 would meet today, at 11 a.m., in Room 444.
                         ADJOURN IN MEMORY
   Assembly Member Berg was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Gordon Logan, of Willits.
   Assembly Member Canciamilla was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Clarence Fornwald and Donald Landrum, of Pittsburg;
Roger Payton, of Concord; and Rev. Floyd Waddell, of Antioch.
   Assembly Member Cox was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Jerry Brannigan, of Sacramento County.
   Assembly Member Mountjoy was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Walter Josephs, of Oakland.
   Assembly Member Reyes was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Henry Solis Silva, of Del Rey.
   Speaker Wesson was granted unanimous consent that when the
Assembly adjourns on this day it do so out of respect to the memory of
Robert Sidney Holden, of Los Angeles.
                         MOTION TO ADJOURN
  At 10 a.m., Assembly Member Goldberg moved that the Assembly do
now adjourn.
  Assembly Member Strickland seconded the motion.
  Motion carried.
          QUORUM CALL OF THE ASSEMBLY DISPENSED WITH
   At 10 a.m., Speaker pro Tempore Kehoe declared the quorum call of
the Assembly dispensed with.
Jan. 16, 2003                ASSEMBLY JOURNAL                                 197
                  INTRODUCTION AND FIRST READING OF
                           ASSEMBLY BILLS
  The following bills were introduced and read the first time:
  ASSEMBLY BILL NO. 131—Jerome Horton. An act to amend Section 12012.75
of the Government Code, relating to tribal gaming, and making an appropriation
therefor.
  ASSEMBLY BILL NO. 132—Chavez. An act to amend Section 18724 of the
Revenue and Taxation Code, relating to designated taxpayer contributions.
  ASSEMBLY BILL NO. 133—Bogh. An act to add Section 20441.5 to the
Government Code, relating to public employees’ retirement, and making an
appropriation therefor.
  ASSEMBLY BILL NO. 134—Cohn. An act to amend Section 273.5 of the Penal
Code, relating to crime.
  ASSEMBLY BILL NO. 135—Reyes. An act to amend Section 207 of the Penal
Code, relating to kidnapping.
  ASSEMBLY BILL NO. 136—Kehoe. An act to add Section 4850.2 to the Labor
Code, relating to workers’ compensation.
   ASSEMBLY BILL NO. 137—Correa, Dymally, and Lieber (Principal coauthor:
Maze) (Coauthors: Bermudez, Cohn, Daucher, Frommer, Harman, Longville,
Maddox, Matthews, Montanez, Nation, Nunez, Parra, Pavley, Reyes, Spitzer,
Strickland, Wiggins, and Wyland) (Coauthors: Senators Florez, McPherson,
Ortiz, and Scott). An act to repeal Section 18724 of the Revenue and Taxation Code,
relating to designated taxpayer contributions.
  ASSEMBLY BILL NO. 138—Lowenthal. An act to add Section 2076 to the
Business and Professions Code, relating to physicians and surgeons.
                                 RESOLUTIONS
  The following resolutions were offered:
  ASSEMBLY CONCURRENT RESOLUTION NO. 14—Nakano, Shirley
Horton, and Nakanishi (Principal coauthors: Chan, Chu, Liu, and Yee). Relative to
a Day of Remembrance.
  HOUSE RESOLUTION NO. 9—Firebaugh. Relative to arts education.
198                     ASSEMBLY JOURNAL               Jan. 16, 2003
                           ADJOURNMENT
   At 3 p.m., pursuant to the motion by Assembly Member Goldberg,
the Assembly adjourned until 6 a.m., Friday, January 17, 2003, out of
respect to the memory of Ron Bird, on motion of Assembly Member
Wyland; out of respect to the memory of Virgil G. Thomas, on motion
of Assembly Member Mountjoy; out of respect to the memory of
Glenn Hill, on motion of Assembly Member Wiggins; out of respect to
the memory of Gordon Logan, on motion of Assembly Member Berg;
out of respect to the memory of Clarence Fornwald, Donald Landrum,
Roger Payton and Rev. Floyd Waddell, on motion of Assembly Member
Canciamilla; out of respect to the memory of Jerry Brannigan, on
motion of Assembly Member Cox; out of respect to the memory
of Walter Josephs, on motion of Assembly Member Mountjoy; out
of respect to the memory of Henry Solis Silva, on motion of
Assembly Member Reyes; and out of respect to the memory of
Robert Sidney Holden, on motion of Speaker Wesson.


  HERB J. WESSON, JR., Speaker
                                  PAM CAVILEER, Minute Clerk
Jan. 16, 2003         ASSEMBLY JOURNAL                        199

         AMENDMENTS CONSIDERED BY THE
          ASSEMBLY ON JANUARY 16, 2003

The following measures were amended in the Assembly on this day:

                       AB RN
                        41 0301504
                        42 0301193

                      ACR RN
                        1 0301270
                      Daily Total:         3
                  Cumulative Total:        4
Jan. 17, 2003                    ASSEMBLY JOURNAL                                          201

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                          Friday, January 17, 2003

                          ELEVENTH SESSION DAY

                   FORTY-SEVENTH CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
202                       ASSEMBLY JOURNAL                   Jan. 17, 2003


              PROCEEDINGS OF THE ASSEMBLY

                             IN ASSEMBLY


                                  Assembly Chamber, Sacramento
                                           Friday, January 17, 2003
  The Assembly met at 6 a.m.
  Hon. Rebecca Cohn, Assembly Member, 24th District, presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Brian Ebbert reading.
                               ROLL CALL
  The following were placed upon the morning roll call—51:
Aghazarian        Diaz               La Malfa            Nakano
Benoit            Dutra              La Suer             Nation
Berg              Dutton             Laird               Negrete McLeod
Bermudez          Dymally            Leno                Pacheco
Bogh              Frommer            Levine              Parra
Canciamilla       Garcia             Lieber              Plescia
Chavez            Hancock            Liu                 Reyes
Chu               Harman             Longville           Ridley-Thomas
Cogdill           Haynes             Lowenthal           Runner
Cohn              Houston            Matthews            Spitzer
Correa            Jackson            Maze                Steinberg
Cox               Keene              Montanez            Vargas
Daucher           Koretz             Nakanishi
  Quorum present.
        At 11:21 a.m., Hon. John Longville, 62nd District, presiding
                 REGULAR BUSINESS DISPENSED WITH
  By unanimous consent, the regular order of business of the Assembly
was dispensed with for this legislative day.
                  LEAVES OF ABSENCE FOR THE DAY
  By unanimous consent, the following Assembly Members were
granted leaves of absence for the day:
  On legislative business: Assembly Members Bates, Calderon,
Campbell, Chan, Corbett, Firebaugh, Goldberg, Jerome E. Horton,
Shirley Horton, Maddox, Maldonado, McCarthy, Mullin, Nunez,
Oropeza, Pavley, Richman, Salinas, Samuelian, Simitian, Strickland,
Wesson, Wiggins, and Yee.
  On legislative business, and waiving per diem: Assembly
Member Kehoe.
  On personal business, and waiving per diem: Assembly Members
Wolk and Wyland.
  Because of illness: Assembly Members Leslie and Mountjoy.
Jan. 17, 2003            ASSEMBLY JOURNAL                             203
                     EXPLANATIONS OF ABSENCE
   Pursuant to the Assembly Rules, the following explanations of
absence were ordered printed in the Journal:
                                                      January 14, 2003
The Honorable Herb Wesson
   Speaker of the State Assembly
     State Capitol, Room 219
        Sacramento, California
   Dear Mr. Speaker,
   The purpose of this letter is to respectfully inform you that I will be
absent for check-in session, Friday, January 17th, 2003. I will be in my
district on legislative business.
   Thank you in advance for your prompt attention to this matter. Should
you have any questions, please contact my Chief of Staff Cory Botts
at 319-2073.
              Sincerely,
                            PATRICIA C. BATES, Assembly Member
                            Seventy-third District
                                                    January 13, 2003
The Honorable Herb Wesson
  Speaker, California State Assembly
    State Capitol, Room 219
       Sacramento, California
   Dear Speaker Wesson: I am requesting to be excused from Check-In
Session on Friday, January 17, 2003, due to legislative business taking
place in my district.
   Your attention to this matter is appreciated.
             Sincerely,
                                 WILMA CHAN, Assembly Member
                                 Sixteenth District
                                                      January 8, 2003
The Honorable Herb J. Wesson
   Speaker of the Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker: I would like to request permission to be excused
from Session on Friday, January 17, 2003. I have Legislative business to
attend to.
   Thank you for your consideration of this matter. If you have any
questions or concerns please feel free to call me at (916) 319-2018.
             Sincerely,
                         ELLEN M. CORBETT, Assembly Member
                         Eighteenth District
204                      ASSEMBLY JOURNAL                  Jan. 17, 2003
                                                    January 14, 2003
The Honorable Herb J. Wesson, Jr.
  Speaker of the Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker: I respectfully request to be excused from check-in
session on Friday, January 17, 2003. I have been invited to participate at
the California Latino Caucus Institute for Public Policy in
San Francisco on Thursday, January 16, 2003 and then will be staying
for the Latino Legislative Caucus Retreat.
   Thank you in advance for your consideration. If you have any
questions or comments, I can be reached at (916) 319-2050.
             Sincerely,
              MARCO ANTONIO FIREBAUGH, Assembly Member
              Fiftieth District
                                                   January 14, 2003
Speaker Herb Wesson
  State Capitol
     Sacramento, California
   Dear Mr. Speaker: This letter is a request to be excused from
Check-in on Friday, January 17, 2002. I will be traveling to my district
office on legislative business.
   Should you have any questions please do not hesitate to contact my
Executive Assistant Bertha Mardueño at ext. 2045.
             Sincerely,
                          JACKIE GOLDBERG, Assembly Member
                          Forty-fifth District
                                                       January 16, 2003
The Honorable Herb J. Wesson, Jr.
  Speaker of the Assembly
      State Capitol, Room 219
        Sacramento, California
   Dear Mr. Speaker: I am respectfully requesting permission to be
excused from Check-In Session on Friday, January 17, 2003, due to
legislative business in my district. I will be returning to Sacramento on
Tuesday, January 21, 2003, in time for Assembly Floor Session.
   I thank you in advance for your consideration of this request and if
you have any questions, please contact me at (916) 319-2051
or (916) 207-5100.
              Sincerely,
                         JEROME E. HORTON, Assembly Member
                         Fifty-first District
Jan. 17, 2003             ASSEMBLY JOURNAL                             205
                                                      January 13, 2003
The Honorable Herb Wesson
  Speaker
     California State Assembly
        State Capitol—Room 219
          Sacramento, California
   Dear Speaker Wesson: This letter is to ask to be excused from
check-in session, Friday January 17th as I will be returning to my
district on legislative business. If you have any questions, please contact
me at 319-2078.
   Thank you in advance for your consideration.
              Sincerely,
                          SHIRLEY A. HORTON, Assembly Member
                          Seventy-eighth District
                                                    January 13, 2003
Hon. Herb J. Wesson
  Speaker of the Assembly
    State Capitol, Room 219
      Sacramento, California
  Dear Mr. Speaker: I respectfully request to be excused from Check-in
Session waiving per diem on Friday, January 17, 2003 due to legislative
business in my district.
  Thank you for your consideration in this matter.
            Sincerely,
                                               CHRISTINE KEHOE
                                               Speaker pro Tempore
                                                January 15, 2003
The Honorable Herb Wesson
  Speaker of the Assembly
    State Capitol, Room 219
      Sacramento, California
  Dear Mr. Speaker: I am writing to request that I be excused from
Check-in Session on Friday, January 17, 2003, due to legislative
business in my district.
  Thanking you in advance for your consideration of my request.
            Sincerely,
                         ABEL MALDONADO, Assembly Member
                         Thirty-third District
206                      ASSEMBLY JOURNAL                  Jan. 17, 2003
                                                        January 9, 2003
The Honorable Herb Wesson
  Speaker, California State Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Speaker Wesson,
   I am writing to request that I be excused from check-in on Friday
January 17th, 2003 due to business in my district.
   Thank you for your attention to this matter. If you have any questions,
please do not hesitate to contact Julie Sauls at 319-2032.
             Sincerely,
                           KEVIN MCCARTHY, Assembly Member
                           Thirty-second District
                                                   January 15, 2003
The Honorable Herb Wesson
  Speaker of the California State Assembly
     State Capitol
       Sacramento, California
   Dear Mr. Wesson: This letter is to be excused from
Assembly Check-in Session on Friday, January 17, 2003 due to
legislative business.
   Your attention to matter would be greatly appreciated.
             Sincerely,
                              GENE MULLIN, Assembly Member
                              Nineteenth District
                                                   January 16, 2003
The Honorable Herb Wesson
  Speaker of the Assembly
    State Capitol, Room 219
      Sacramento, California
   Dear Mr. Speaker: I am respectfully requesting permission to be
excused from check-in session on Friday, January 17. I will be attending
a breakfast honoring Dr. Martin Luther King, Jr. in my district.
   Thank you for your immediate assistance in this request.
             Sincerely,
                             FABIAN NUÑEZ, Assembly Member
                             Forty-sixth District
                                                      January 7, 2003
The Honorable Herb J. Wesson, Jr., Speaker
  California State Assembly
    State Capitol, Room 219
       Sacramento, California
  Dear Mr. Speaker: I am writing to request to be excused from Session
on January 17, 2003, for legislative business in the District.
  Please contact my Chief of Staff, Val Dolcini, if you have any further
questions regarding this matter.
            Sincerely,
                            JENNY OROPEZA, Assembly Member
                            Fifty-fifth District
Jan. 17, 2003           ASSEMBLY JOURNAL                           207
                                                      January 13, 2003
The Honorable Herb J. Wesson, Jr.
  Speaker of the Assembly
    State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker: I respectfully request permission to be excused
from Assembly Check-in Session on Friday, January 17, 2003. I have
several very important district events to attend that I can not miss.
   Thank you for your assistance. Please contact my office should any
questions arise.
             Sincerely,
                                 FRAN PAVLEY, Assembly Member
                                 Forty-first District
                                                  January 13, 2003
The Honorable Herb Wesson
  Speaker of the Assembly
    State Capitol, Room 219
      Sacramento, California
  Dear Speaker Wesson: I respectfully request to be excused from
check-in Friday January 17, 2003 so that I can attend to legislative
business in my district dealing with the Los Angeles healthcare crisis.
  Thank you for your prompt attention to my request. Please contact
Connie Bosserman in my office at (916) 319-2038 if you have
any questions.
            Sincerely,
                   KEITH S. RICHMAN, M.D., Assembly Member
                   Thirty-eighth District
                                                   January 13, 2003
The Honorable Herb J. Wesson, Jr., Speaker
   California State Assembly
     State Capitol, Room 219
        Sacramento, California
   Dear Speaker Wesson: I am writing to request permission to be
excused from Session on Friday, January 17, 2003. I will be in my
district on legislative business. If you have any questions about this
request, please feel free to contact Emilee Ford in my Capitol Office
at 319-2028. As always, thank you for your assistance.
             Best wishes,
                              SIMÓN SALINAS, Assembly Member
                              Twenty-eighth District
208                     ASSEMBLY JOURNAL                 Jan. 17, 2003
                                                    January 14, 2003
The Honorable Herb J. Wesson, Jr.
  Speaker of the Assembly
    State Capitol, Room 219
      Sacramento, California
   Dear Speaker Wesson: I am respectfully requesting to be excused
from Check-in Session on Friday, January 17. I will be in Fresno on
Legislative Business. Should you have any questions regarding my
absence, please do not hesitate to contact my office at (916) 319-2029.
   Thank you in advance for your consideration in this matter.
            Sincerely,
                        STEVE SAMUELIAN, Assembly Member
                        Twenty-ninth District
                                                    January 13, 2003
The Honorable Herb J. Wesson, Jr.
  Speaker of the Assembly
    Room 219, State Capitol
  Dear Speaker Wesson,
  This is a request to be excused from Check-In Session on Friday,
January 17, 2003. I have legislative business in the district.
  Thank you for your consideration of this request.
            Sincerely,
                        S. JOSEPH SIMITIAN, Assembly Member
                        Twenty-first District
                                                   January 14, 2003
Hon. Herb Wesson
  Speaker of the Assembly
     State Capitol
       Sacramento, California
   Dear Mr. Speaker: I respectfully request that I be excused from
Assembly Check-In Session on Friday, January 17, 2003. I have
legislative business in my District Office.
   If you have any questions regarding this request, please contact Tim
Anaya in my Capitol Office at 319-2037.
             Sincerely,
                         TONY STRICKLAND, Assembly Member
                         Thirty-seventh District
                                                    January 17, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I will be absent from Session
today for legislative business in my district.
             Sincerely,
                                  HERB J. WESSON, JR.
                                  Speaker of the California Assembly
Jan. 17, 2003               ASSEMBLY JOURNAL                                209
                                                       January 7, 2003
The Honorable Herb Wesson
  Speaker of the California State Assembly
     State Capitol
       Sacramento, California
   Dear Mr. Speaker: Please accept this letter as a request to be excused
from Assembly Check-in Session on Friday, January 17, 2003. I had
committed to opening an educational forum in my district before the
legislative schedule was announced.
   Thank you for your consideration.
             Sincerely,
                          PATRICIA WIGGINS, Assembly Member
                          Seventh District
                                                     January 15, 2003
Hon. Herb J. Wesson, Jr.
  Speaker of the Assembly
    State Capitol, Room 219
      Sacramento, California
  Dear Mr. Speaker: This letter is to respectfully inform you that I will
be absent from Sacramento on Friday, January 17 to attend to duties in
my District.
             Respectfully,
                      LELAND Y. YEE, PH.D., Assembly Member
                      Twelfth District
  (NOTE: For letters explaining the absences of Assembly Members Calderon,
Campbell, and Maddox on this day on legislative business pursuant to the Assembly
Rules, see Assembly Daily Journal for January 16, 2003.)
                             COMMUNICATIONS
  The following communications were presented by the Speaker, and
ordered printed in the Journal:
                                                  January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have created the Select
Committee on I-5/710 Freeway Expansion for the 2003–04 Regular
Session and have appointed Assemblymember Rudy Bermudez as
the Chair.
            Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
210                    ASSEMBLY JOURNAL                Jan. 17, 2003
                                                 January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
     State Capitol, Room 3196
       Sacramento, California
   Dear Dotson: Please be advised that I have created the Select
Committee on Prison Construction and Operations for the 2003–04
Regular Session and have appointed Assemblymember Rudy Bermudez
as the Chair.
             Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
                                                 January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have created the Select
Committee on Professional Sports for the 2003–04 Regular Session and
have appointed Assemblymember Mark Ridley-Thomas as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                  January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have created the Select
Committee on Sustainability for the 2003–04 Regular Session and have
appointed Assemblymember Patty Berg as the Chair.
            Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
                                                January 17, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have appointed
Assemblymember Jenny Oropeza as a member of the Assembly
Governmental Organization Committee, increasing the size of the
committee from 25 to 26 members.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
Jan. 17, 2003               ASSEMBLY JOURNAL                                 211
                                                January 17, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed
Assemblymember Patty Berg to the Joint Committee on Fisheries and
Aquaculture as my designee as chair of the committee.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                          January 17, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have created the Select
Committee on Exposition Park for the 2003–04 Session and have
appointed Assemblymember Mark Ridley-Thomas as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
               ENGROSSMENT AND ENROLLMENT REPORTS
                                             Assembly Chamber, January 17, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Bill No. 41
  Assembly Bill No. 42
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
  Above bills re-referred to committee.
                                             Assembly Chamber, January 17, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Concurrent Resolution No. 1
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
  Above resolution re-referred to committee.
                  INTRODUCTION AND FIRST READING OF
                           ASSEMBLY BILLS
  The following bills were introduced and read the first time:
  ASSEMBLY BILL NO. 139—Corbett. An act relating to transportation.
  ASSEMBLY BILL NO. 140—Levine. An act to amend Sections 2800.1, 2800.2,
and 2800.3 of the Vehicle Code, relating to vehicles.
  ASSEMBLY BILL NO. 141—Cohn. An act relating to domestic violence
prevention.
  ASSEMBLY BILL NO. 142—Kehoe. An act to amend Section 32645 of the Public
Resources Code, relating to the San Diego River Conservancy.
  ASSEMBLY BILL NO. 143—Cohn. An act relating to domestic violence.
212                           ASSEMBLY JOURNAL                       Jan. 17, 2003
  ASSEMBLY BILL NO. 144—Correa (Coauthors: Harman, Maddox, and
Spitzer). An act to repeal Section 31470.10 of the Government Code, relating to county
employees’ retirement.
  ASSEMBLY BILL NO. 145—Lowenthal. An act to add Section 6035.5 to the Penal
Code, relating to probation officers.
  ASSEMBLY BILL NO. 146—Kehoe. An act to amend Section 4055 of the Family
Code, relating to child support.
                        MESSAGES FROM THE SENATE
                                               Senate Chamber, January 17, 2003
  Mr. Speaker: I am directed to inform your honorable body that the Senate on this
day adopted as amended:
  Assembly Concurrent Resolution No. 12
And respectfully requests the Assembly to concur in said amendments.
                                 GREGORY P. SCHMIDT, Secretary of the Senate
                                 By John W. Rovane, Assistant Secretary
   Above resolution ordered to unfinished business file.
                                 ADJOURNMENT
  At 3 p.m., the Assembly adjourned until 1 p.m., Tuesday,
January 21, 2003.


   GEORGE NAKANO, Democratic Caucus Chair
                                           PAM CAVILEER, Minute Clerk
Jan. 17, 2003         ASSEMBLY JOURNAL                        213

         AMENDMENTS CONSIDERED BY THE
          ASSEMBLY ON JANUARY 17, 2003

The following measures were amended in the Assembly on this day:

                      ACR RN
                        4 0301811
                      Daily Total:         1
                  Cumulative Total:        5
Jan. 21, 2003                    ASSEMBLY JOURNAL                                          215

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                        Tuesday, January 21, 2003

                           TWELFTH SESSION DAY

                       FIFTY-FIRST CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
216                      ASSEMBLY JOURNAL                  Jan. 21, 2003


              PROCEEDINGS OF THE ASSEMBLY

                            IN ASSEMBLY


                                   Assembly Chamber, Sacramento
                                            Tuesday, January 21, 2003
  The Assembly met at 1 p.m.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Brian Ebbert reading.
                               ROLL CALL
  The roll was called.
                     Quorum Call of the Assembly
  Assembly Member Yee moved a quorum call of the Assembly.
  Motion carried. Time, 1:01 p.m.
  The Speaker pro Tempore directed the Sergeant at Arms to close the
doors, and to bring in the absent Members.
                            Quorum Present
  At 1:06 p.m., Speaker pro Tempore Kehoe declared a quorum of the
Assembly present.
  The roll call was completed, and the following answered to their
names—75:
Aghazarian       Dymally              Leslie           Parra
Benoit           Firebaugh            Levine           Pavley
Berg             Frommer              Lieber           Reyes
Bermudez         Garcia               Liu              Richman
Bogh             Goldberg             Longville        Ridley-Thomas
Calderon         Hancock              Maddox           Runner
Campbell         Harman               Maldonado        Salinas
Canciamilla      Haynes               Matthews         Samuelian
Chan             Horton, Jerome       Maze             Simitian
Chu              Horton, Shirley      McCarthy         Spitzer
Cogdill          Houston              Montanez         Steinberg
Cohn             Jackson              Mountjoy         Strickland
Corbett          Keene                Mullin           Vargas
Correa           Kehoe                Nakanishi        Wiggins
Cox              Koretz               Nakano           Wolk
Daucher          La Malfa             Nation           Wyland
Diaz             La Suer              Negrete McLeod   Yee
Dutra            Laird                Nunez            Mr. Speaker
Dutton           Leno                 Pacheco
Jan. 21, 2003            ASSEMBLY JOURNAL                             217
                                PRAYER
   Upon invitation of Speaker pro Tempore Kehoe, the following prayer
was offered by Assembly Chaplain Rev. Constantine C. Pappademos:
   O God, As the members of our Armed Forces are being deployed
overseas, we ask that You protect them under the shelter of Your wings
and bless them as they courageously serve their country. And for all of
us this day, Lord, we ask that You give us the true courage that shows
itself by gentleness; the true wisdom that shows itself by simplicity; and
the true power that shows itself by modesty.—AMEN.
                PLEDGE OF ALLEGIANCE TO THE FLAG
  Upon request of Speaker pro Tempore Kehoe, Assembly Member
Cohn then led the Assembly in the pledge of allegiance to the Flag.
        MOTION TO DISPENSE WITH READING OF THE JOURNAL
   Further reading of the Journal of the previous legislative day was
dispensed with on motion of Assembly Member Cogdill, seconded by
Assembly Member Cox.
                  LEAVES OF ABSENCE FOR THE DAY
  By unanimous consent, the following Assembly Members were
granted leaves of absence for the day:
  On legislative business: Assembly Members Chavez, Oropeza,
and Plescia.
  On personal business, and waiving per diem: Assembly Members
Bates and Lowenthal.
                     EXPLANATIONS OF ABSENCE
   Pursuant to the Assembly Rules, the following explanations of
absence were ordered printed in the Journal:
                                                    January 16, 2003
The Honorable Herb J. Wesson, Jr.
  Speaker
      California State Assembly
        State Capitol, Room 219
          Sacramento, California
   Dear Mr. Speaker Wesson: In addition to my previous request, I
respectfully ask that I be excused from session on Tuesday, January 21,
2003. The purpose is to attend to legislative business in my district.
   I thank you in advance for your favorable consideration. Should you
have any questions whatsoever, please do not hesitate to contact me.
              Sincerely,
                                    ED CHAVEZ, Assembly Member
                                    Fifty-seventh District
218                      ASSEMBLY JOURNAL                  Jan. 21, 2003
                                                      January 14, 2003
The Honorable Herb J. Wesson, Jr., Speaker
   California State Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker: I am writing to request to be excused from Session
on Tuesday, January 21, 2003, and Check-In Session on Wednesday,
January 22, 2003, for Legislative Business. I will be in Temecula, CA,
attending a conference on tribal gaming issues.
   Please contact my Chief of Staff, Val Dolcini, if you have any further
questions regarding this matter.
             Sincerely,
                            JENNY OROPEZA, Assembly Member
                            Fifty-fifth District
                                                  January 13, 2002
Honorable Herb Wesson
  Speaker of the Assembly
    State Capitol
      Sacramento, California
  Dear Mr. Speaker: I respectfully request that I be excused from
Assembly Session Tuesday, January 21, 2003. I have legislative
business in my District Office.
  If you have any questions regarding this request, please feel free to
contact Shaun Flanigan in my office at 319-2075.
            Sincerely,
                        GEORGE A. PLESCIA, Assembly Member
                        Seventy-fifth District
                           COMMUNICATIONS
  The following communications were presented by the Speaker, and
ordered printed in the Journal:
                                                  January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have created the Select
Committee on Aerospace Industry for the 2003–04 Regular Session and
have appointed Assemblymember Nakano as the Chair.
            Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
Jan. 21, 2003           ASSEMBLY JOURNAL                         219
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have created the Select
Committee on Air and Water Quality for the 2003–04 Regular Session
and have appointed Assemblymember Fran Pavley as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                 January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
   Dear Dotson: Please be advised that I have created the Select
Committee on Airports and the Airline Industry for the 2003–04
Regular Session and have appointed Assemblymember Gene Mullin as
the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                 January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
     State Capitol, Room 3196
       Sacramento, California
   Dear Dotson: This is to advise you that I have created the Select
Committee on the Alameda Corridor East for the 2003–04 Regular
Session and have appointed Assemblymember Gloria Negrete McLeod
as the Chair.
             Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
                                                   January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
       Sacramento, California
  Dear Dotson: This is to advise you that I have created the Assembly
Select Committee on Asian Trade for the 2003–04 Regular Session and
have appointed Assemblymember Wilma Chan as Chair.
            Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
220                    ASSEMBLY JOURNAL               Jan. 21, 2003
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have created the Select
Committee on Biotechnology for the 2003–04 Regular Session and
have appointed Assemblymember Ellen Corbett as Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
   Dear Dotson: Please be advised that I have created the Select
Committee on Bridging the Achievement Gap for the 2003–04 Regular
Session and have appointed Assemblymember Loni Hancock as
the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have created the Select
Committee on California Children’s School Readiness and Health for
the 2003–04 Regular Session and have appointed Assemblymember
Wilma Chan as Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have created the Select
Committee on California and Latin American Affairs for the 2003–04
Regular Session and have appointed Assemblymember Marco
Firebaugh as Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
Jan. 21, 2003          ASSEMBLY JOURNAL                         221
                                                 January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
     State Capitol, Room 3196
       Sacramento, California
   Dear Dotson: This is to advise you that I have created the Select
Committee on California Horse Racing Industry for the 2003–04
Regular Session and have appointed Assemblymember Jerome Horton
as the Chair.
             Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have created the Select
Committee on California Indian Nations for the 2003–04 Regular
Session and have appointed Assemblymember Ed Chavez as Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have created the Select
Committee on California Ports for the 2003–04 Regular Session and
have appointed Assemblymember Alan Lowenthal as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have created the Select
Committee on California Water Needs and Climate Change for the
2003–04 Regular Session and have appointed Assemblymember John
Laird as the Chair.
             Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
222                    ASSEMBLY JOURNAL               Jan. 21, 2003
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have created the Select
Committee on California Wine for the 2003–04 Regular Session and
have appointed Assemblymember Patricia Wiggins as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have created the Select
Committee on Cancer Detection, Prevention and Research for the
2003–04 Regular Session and have appointed Assemblymember Joe
Nation as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have created the Select
Committee on Challenges Facing Dual Language Communities for the
2003–04 Regular Session and have appointed Assemblymember Jackie
Goldberg as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
   Dear Dotson: Please be advised that I have created the Select
Committee on Childhood Obesity and Related Diabetes for the 2003–04
Regular Session and have appointed Assemblymember Mark Leno as
the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
Jan. 21, 2003          ASSEMBLY JOURNAL                        223
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have created the Select
Committee on Coastal Protection for the 2003–04 Regular Session and
have appointed Assemblymember Hannah-Beth Jackson as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have created the Select
Committee on Community Colleges for the 2003–04 Regular Session
and have appointed Assemblymember Mervyn Dymally as Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have created the Select
Committee on Cyberfraud for the 2003–04 Regular Session and have
appointed Assemblymember John Dutra as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have created the Select
Committee on the Development of a 10th UC Campus for the 2003–04
Regular Session and have appointed Assemblymember Barbara
Matthews as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
224                    ASSEMBLY JOURNAL                Jan. 21, 2003
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have created the Select
Committee on Domestic Violence for the 2003–04 Regular Session and
have appointed Assemblymember Rebecca Cohn as Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
   Dear Dotson: This is to advise you that I have created the Select
Committee on Earthquake Safety and Preparedness for the 2003–04
Regular Session and have appointed Assemblymember Ellen Corbett as
the Chair.
            Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have created the Select
Committee on Environmental Justice for the 2003–04 Regular Session
and have appointed Assemblymember Cindy Montanez as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have created the Select
Committee on Equal Access to Preschool for the 2003–04 Regular
Session and have appointed Assemblymember Lois Wolk as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
Jan. 21, 2003           ASSEMBLY JOURNAL                         225
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have created the Select
Committee on the Future of Farming in California for the 2003–04
Regular Session and have appointed Assemblymember Barbara
Matthews as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                 January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
     State Capitol, Room 3196
       Sacramento, California
   Dear Dotson: Please be advised that I have created the Select
Committee on the Future of Health Care in California for the 2003–04
Regular Session and have appointed Assemblymember Rebecca Cohn
as the Chair.
             Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                   January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
       Sacramento, California
  Dear Dotson: This is to advise you that I have created the Assembly
Select Committee on Groundwater Quality and Availability and have
appointed Assemblymember Carol Liu as the Chair.
            Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have created the Select
Committee on Gun Violence for the 2003–04 Regular Session and have
appointed Assemblymember Paul Koretz as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
226                    ASSEMBLY JOURNAL                Jan. 21, 2003
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have created the Select
Committee on Hate Crimes for the 2003–04 Regular Session and have
appointed Assemblymember Judy Chu as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have created the Select
Committee on the Highway Patrol and have appointed
Assemblymember John Longville as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                 January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have created the Select
Committee on Housing in the Silicon Valley for the 2003–04 Regular
Session and have appointed Assemblymember Manny Diaz as Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have created the Select
Committee on Lesbian, Gay, Bisexual and Transgender Families for the
2003–04 Regular Session and have appointed Assemblymember Mark
Leno as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
Jan. 21, 2003          ASSEMBLY JOURNAL                         227
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
       Sacramento, California
  Dear Dotson: Please be advised that I have created the Select
Committee on Megan’s Law and Sex Offender Registration for the
2003–04 Regular Session and have appointed Assemblymember Nicole
Parra as the Chair.
             Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have created the Select
Committee on Mobilehomes for the 2003–04 Regular Session and have
appointed Assemblymember Sally Lieber as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                 January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
   Dear Dotson: This is to advise you that I have created the Select
Committee on North Bay Transportation and Housing for the 2003–04
Regular Session and have appointed Assemblymember Joe Nation as
the Chair.
            Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
   Dear Dotson: Please be advised that I have created the Select
Committee on Park and River Restoration for the 2003–04 Regular
Session and have appointed Assemblymember Christine Kehoe as
the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
228                    ASSEMBLY JOURNAL                Jan. 21, 2003
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have created the Select
Committee on Privacy for the 2003–04 Regular Session and have
appointed Assemblymember Joe Simitian as Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
     State Capitol, Room 3196
       Sacramento, California
   Dear Dotson: Please be advised that I have created the Select
Committee on the Protection of Inland Waterways for the 2003–04
Regular Session and have appointed Assemblymember Joe Canciamilla
as the Chair.
             Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
                                                 January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
   Dear Dotson: This is to advise you that I have created the Select
Committee on the Re-use of El Toro Marine Corps Air Station for
the 2003–04 Regular Session and have appointed Assemblymember
Lou Correa as the Chair.
            Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
                                                 January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
   Dear Dotson: This is to advise you that I have created the Select
Committee on Rural Economic Development for the 2003–04 Regular
Session and have appointed Assemblymember Simon Salinas as
the Chair.
            Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
Jan. 21, 2003          ASSEMBLY JOURNAL                        229
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have created the Select
Committee on the Urban Child for the 2003–04 Regular Session and
have appointed Assemblymember Mervyn Dymally as Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have created the Select
Committee on Urban Revitalization for the 2003–04 Regular Session
and have appointed Assemblymember Juan Vargas as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have created the Select
Committee on Wetlands for the 2003–04 Regular Session and have
appointed Assemblymember Christine Kehoe as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have created the Select
Committee on Workers Compensation for the 2003–04 Regular Session
and have appointed Assemblymember Ronald Calderon as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
230                               ASSEMBLY JOURNAL                             Jan. 21, 2003
                                                January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have created the Select
Committee on Workforce Investment for the 2003–04 Regular Session
and have appointed Assemblymember Patricia Wiggins as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                   January 16, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please find attached the hearing schedule for Assembly
Standing Committees for the 2003–04 Regular Session.
            Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly

                       SCHEDULE OF 2003–04
             ASSEMBLY STANDING COMMITTEE MEETINGS

                         (see next page for subcommittee schedules)
MONDAY
 Time                                               Room       Committee
 4:00 p.m.**................................. 444......Banking and Finance
 9:00 a.m.* ................................... 4202......Governmental Organization
 1:30 p.m.*................................... 447......Natural Resources
 1:30 p.m.*................................... 126......Revenue and Taxation
 ! *................................................ 3162......Rules
 1:30 p.m.*................................... 4202......Transportation
 1:30 p.m.*................................... 437......Utilities and Commerce

TUESDAY
 Time                                         Room       Committee
 2:00 p.m.**................................. 127......Aging and Long-Term Care
 9:00 a.m.*** ............................... 4202......Arts, Entertainment, Sports, Tourism
                                                          and Internet Media
 9:00 a.m.*** ............................... 447......Business and Professions
 1:30 p.m.**................................. 444......Elections, Redistricting and
                                                          Constitutional Amendments
 1:30 p.m.***............................... 444......Environmental Safety and Toxic
                                                          Materials
 1:30 p.m.*................................... 4202......Health
 1:30 p.m.**................................. 437......Higher Education
 1:30 p.m.***............................... 437......Human Services
 9:00 a.m.** ................................. 447......Jobs, Economic Development, and
                                                          the Economy
Jan. 21, 2003                      ASSEMBLY JOURNAL                                     231
  9:00   a.m.** ................................. 4202......Judiciary
  9:00   a.m.* ................................... 126......Public Safety
  4:00   p.m.***............................... 126......Veterans Affairs
  9:00   a.m.*** ............................... 437......Water, Parks and Wildlife

WEDNESDAY
 Time                                                Room       Committee
 1:30 p.m.*** .............................. 4202......Agriculture
 9:00 a.m.* ................................... 4202......Appropriations
 ! .................................................. 4202......Budget
 1:30 p.m.**................................. 4202......Education
 9:00 a.m.*** ............................... 126......Housing and Community Development
 9:00 a.m.* ................................... 437......Insurance
 1:30 p.m.**................................. 447......Labor and Employment
 1:30 p.m.***............................... 126......Local Government
 9:00 a.m.** ................................. 444......Public Employees, Retirement and
                                                                 Social Security

  * Meets every week.
 ** Meets 1st and 3rd week of month as called at time indicated.
*** Meets 2nd and 4th week of the month as called at time indicated.
  ! Upon call of the Chair.

                  SCHEDULE OF 2003–04 SUBCOMMITTEES

                                             BUDGET

MONDAY
 Time                                        Room       Committee
  4:00 p.m.*................................. 127......Subcommittee No. 1—Health and
                                                        Human Services

TUESDAY
 Time                                         Room      Committee
 10:00 a.m.* ................................. 444......Subcommittee No. 2—Education
                                                         Finance
  1:30 p.m.*................................. 447......Subcommittee No. 4—State
                                                         Administration

WEDNESDAY
 Time                                         Room       Committee
  1:30 p.m.*................................. 444......Subcommittee No. 1—Health and
                                                         Human Services
  4:00 p.m.*................................. 126......Subcommittee No. 2—Education
                                                         Finance
  8:00 a.m.* ................................. 127......Subcommittee No. 3—Resources
  1:30 p.m.*................................. 437......Subcommittee No. 4—State
                                                         Administration
  4:00 p.m.*................................. 127......Subcommittee No. 5—Information
                                                         Technology/Transportation

  * Meets every week.
*** Meets 2nd and 4th week of the month as called at time indicated.
232                      ASSEMBLY JOURNAL                   Jan. 21, 2003
   The following communication was presented by the Chief Clerk, and
ordered printed in the Journal:
                                                January 21, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
Greg Schmidt
  Secretary of the Senate
     State Capitol, Room 400
       Sacramento, California
   Dear Mr. Wilson and Mr. Schmidt: Please be advised that the
Assembly and Senate contingents of the Joint Committee on Rules met,
respectively, and approved the following items:
1. Selection of Assembly Member Joe Nation as Chair of the Joint
     Committee on Rules for the 2003–04 Legislative Session
     (18–0).
2. Appointment of Jon Waldie as Chief Administrative Officer of
     the Joint Committee on Rules for the 2003–04 Legislative
     Session (18–0).
   Please ensure that this action is printed in the Journal.
             Sincerely,
                                                         JOE NATION
                                                         Chair
                               REPORTS
  The following reports were presented by the Chief Clerk:
                 Annual Railroad Safety Activity Report
       (Pursuant to Public Utilities Code Sections 309.7 and 765.6)
  Above transmitted report, together with letter of transmittal from
Wesley M. Franklin, Executive Director, Public Utilities Commission,
dated December 31, 2002, referred by the Speaker to the Committee on
Transportation.
      2001–02 Annual Disabled Veterans Business Enterprise (DVBE)
                          Participation Report
  Above transmitted report, together with letter of transmittal from
Dana Taylor-Bell, Manager, Business Management Unit, Department of
Managed Health Care, dated December 30, 2002, referred by the
Speaker to the Committee on Utilities and Commerce.
       Target Business Enterprise Program 2001–02 Annual Report
              (Pursuant to Government Code Section 16855)
  Above transmitted report, together with letter of transmittal from
Barbara A. Lloyd, Deputy Treasurer, Office of the State Treasurer, dated
December 30, 2002, referred by the Speaker to the Committee on
Utilities and Commerce.
Jan. 21, 2003              ASSEMBLY JOURNAL                            233
             Parole Hearing Backlog November 2002 Report
               (Pursuant to Penal Code Section 3041 (d))
  Above transmitted report, together with letter of transmittal from
Marvin E. Speed, Executive Officer, Board of Prison Terms, dated
December 12, 2002, referred by the Speaker to the Committee on
Public Safety.
           2001–02 Employment Training Panel Annual Report
          (Pursuant to Unemployment Insurance Code Section
                 Chapter 3.5, Section 10205, Division 3)
  Above transmitted report, together with letter of transmittal from
Peter McNamee, Executive Director, Employment Training Panel,
dated December 26, 2002, referred by the Speaker to the Committee on
Labor and Employment.
         Sampling for Pesticide Residues in California Well Water
    (For Sampling Results Reported from July 1, 2000–June 30, 2001)
         (Pursuant to Food and Agricultural Code Section 13152)
  Above transmitted report, together with letter of transmittal from
Paul E. Helliker, Director, Department of Pesticide Regulation, dated
April 10, 2002, referred by the Speaker to the Committee on
Environmental Safety and Toxic Materials.
          Alcoholic Beverage Control Report to the Legislature
     (Pursuant to Assembly Bill 1298, Chapter 488, Statutes of 2001)
  Above transmitted report, together with letter of transmittal from
Dennis J. Clear, Legislative Officer, Department of Alcoholic Beverage
Control, dated December 30, 2002, referred by the Speaker to the
Committee on Governmental Organization.
                  Summary of Campus Capacity Report for
                    the 2003–2004 Capital Outlay Program
                (Pursuant to Supplemental Budget Act of 2002
                             Item 6610-301-0574)
  Above transmitted report, together with letter of transmittal from
Richard P. West, Executive Vice Chancellor and Chief Financial
Officer, California State University, dated November 25, 2002, referred
by the Speaker to the Committee on Budget.
         Capstone Report on Class Size Reduction in California
             (Pursuant to Education Code Section 52128)
  Above transmitted report, together with letter of transmittal from
B. Teri Burns, Deputy Superintendent, Department of Education, dated
December 12, 2002, referred by the Speaker to the Committee
on Education.
                    Substance Abuse Treatment Programs
                (Pursuant to Supplemental Budget Act of 2001
                             Item 5240-001-0001)
  Above transmitted report, together with letter of transmittal from
Edward S. Alameida, Jr., Director, Department of Corrections, dated
December 12, 2002, referred by the Speaker to the Committee
on Budget.
234                         ASSEMBLY JOURNAL                     Jan. 21, 2003
                    Findings and Recommendations on
      the Use of Non-Field Act Compliant Buildings for Public Schools
        (Pursuant to Assembly Bill 16, Chapter 33, Statutes of 2002)
  Above transmitted report, together with letter of transmittal from
Richard J. McCarthy, Executive Director, Seismic Safety Commission,
dated December 20, 2002, referred by the Speaker to the Committee
on Education.
               Crimes Committed Against Homeless Persons
                    (Pursuant to Senate Resolution 18)
  Above transmitted report, together with letter of transmittal from
Chris D. Janzen, Director, Administrative Services Division,
Department of Justice, dated December 20, 2002, referred by the
Speaker to the Committee on Public Safety.
      Annual Staff Report on the Management of State School Lands
                           Fiscal Year 2001–02
           (Pursuant to Public Resources Code Section 6477)
  Above transmitted report, together with letter of transmittal from
Paul D. Thayer, Executive Officer, California State Lands Commission,
dated December 20, 2002, referred by the Speaker to the Committee on
Natural Resources.
                      REQUEST FOR PHOTOGRAPHER
   Assembly Members Firebaugh, Correa and Wesson were granted
unanimous consent that a photographer be permitted on the Floor of
the Assembly.
               ENGROSSMENT AND ENROLLMENT REPORTS
                                             Assembly Chamber, January 21, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Concurrent Resolution No. 4
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
  Above resolution ordered on file.
                   REFERENCE OF BILLS TO COMMITTEE
   Pursuant to the Assembly Rules, the following bills were referred
to committee:
  Assembly
    Bill No.                        Committee
       46 – – – – – – – – – – – – Pub. S.
       77 – – – – – – – – – – – – Trans. and L. Gov.
       98 – – – – – – – – – – – – L. & E.
       99 – – – – – – – – – – – – Pub. S.
     100 – – – – – – – – – – – – Budget
     101 – – – – – – – – – – – – Pub. S.
     102 – – – – – – – – – – – – Jud.
     105 – – – – – – – – – – – – Nat. Res. and Agri.
     106 – – – – – – – – – – – – P.E.,R. & S.S.
     107 – – – – – – – – – – – – W.,P. & W.
     108 – – – – – – – – – – – – Pub. S.
     109 – – – – – – – – – – – – P.E.,R. & S.S.
     111 – – – – – – – – – – – – Pub. S. and Jud.
     112 – – – – – – – – – – – – Pub. S.
Jan. 21, 2003               ASSEMBLY JOURNAL                                235
   House
Resolution No.                     Committee
       7 – – – – – – – – – – – – Rls.
       8 – – – – – – – – – – – – Rls.
                 REPORTS OF STANDING COMMITTEES
                          Committee on Judiciary
                                             Date of Hearing: January 21, 2003
 Mr. Speaker: Your Committee on Judiciary reports:
 Assembly Joint Resolution No. 2
With the recommendation: Be adopted.
                                                      CORBETT, Chairwoman
  Above resolution ordered to third reading.
                             Committee on Rules
                                            Date of Hearing: January 21, 2003
 Mr. Speaker: Your Committee on Rules reports:
 House Resolution No. 8
With the recommendation: Be adopted.
                                                          NATION, Chairman
  Above resolution ordered to third reading.
                           ADJOURN IN MEMORY
   Assembly Member Cox was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Carl E. London, of Folsom.
  (Assembly Rule 45.5 suspended.)
                           ADJOURN IN MEMORY
   Assembly Member Bogh was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Frank Bello, of San Dimas.
  (Assembly Rule 45.5 suspended.)
                                    RECESS
   By unanimous consent, at 1:15 p.m., Speaker pro Tempore Kehoe
declared the Assembly recessed to permit the introduction of a
special guest.
   Assembly Member Firebaugh introduced Evan Koch, President of
the California Nurse Anesthetists and presented a resolution
recognizing the period of January 19–25th as Nurse Anesthetists Week.
   Evan Koch then addressed the assemblage.
                                RECONVENED
  At 1:16 p.m., the Assembly reconvened.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
                           ADJOURN IN MEMORY
  Assembly Member Samuelian was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Terry Douglas Fortier, of Fresno.
  (Assembly Rule 45.5 suspended.)
236                        ASSEMBLY JOURNAL             Jan. 21, 2003
                           ADJOURN IN MEMORY
   Assembly Members Maldonado and Firebaugh were granted
unanimous consent that when the Assembly adjourns on this day it do so
out of respect to the memory of former Capitol staffer John Monteiro,
of Sacramento.
  (Assembly Rule 45.5 suspended.)
                           ADJOURN IN MEMORY
  Assembly Member Mountjoy was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Mabel Thomas, of Sacramento.
  (Assembly Rule 45.5 suspended.)
                           ADJOURN IN MEMORY
  Assembly Member Jackson was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Shirley Kennedy, of Goleta.
  (Assembly Rule 45.5 suspended.)
                           ADJOURN IN MEMORY
  Assembly Members Goldberg and Koretz and Speaker pro Tempore
Kehoe were granted unanimous consent that when the Assembly
adjourns on this day it do so out of respect to the memory of Morris
Kight, of Los Angeles.
  (Assembly Rule 45.5 suspended.)
                                    RECESS
   By unanimous consent, at 1:26 p.m., Speaker pro Tempore Kehoe
declared the Assembly recessed to permit the introduction of
special guests.
   Speaker Wesson introduced Mike Scioscia, Team Manager of the
Anaheim Angels Baseball Team. Speaker Wesson then presented a
resolution congratulating the team upon winning the 2002 World Series,
and extending the best wishes of the Assembly for continued success in
the future; whereupon Mike Scioscia addressed the assemblage.
   Also introduced were Hon. Curt Pringle, Mayor of Anaheim, Kevin
Ulich, Senior Vice President of Business Operations; Tim Mead, Vice
President of Communications; David Morgan, Anaheim City Manager;
Tom Wood, Assistant City Manager, and Greg Smith, Executive
Director of the Convention, Sports and Entertainment Department.
                               RECONVENED
  At 1:38 p.m., the Assembly reconvened.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
Jan. 21, 2003                  ASSEMBLY JOURNAL                                      237
                           CAUCUS ANNOUNCEMENTS
  At 1:38 p.m., by unanimous consent the Republican Caucus was
permitted to meet in the Assembly Lounge.
                                        RECESS
  By unanimous consent, at 1:38 p.m., Speaker pro Tempore Kehoe
declared the Assembly recessed.
                                    RECONVENED
  At 1:47 p.m., the Assembly reconvened.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
                        CONSIDERATION OF DAILY FILE
                             UNFINISHED BUSINESS
                 CONSIDERATION OF SENATE AMENDMENTS
  ASSEMBLY CONCURRENT RESOLUTION NO. 12 (Jerome E. Horton)—
Relative to Dr. Martin Luther King, Jr. Day.
  The question being: Shall the Assembly concur in the Senate
amendments to the above resolution?
 (NOTE: Text of Senate amendments on file with the Secretary of the Senate.)
  The roll was opened, and the Assembly concurred in Senate
amendments by the following vote:
                                        AYES—74
Aghazarian            Dymally               Leslie                   Parra
Benoit                Firebaugh             Levine                   Pavley
Berg                  Frommer               Lieber                   Reyes
Bermudez              Garcia                Liu                      Richman
Bogh                  Goldberg              Longville                Ridley-Thomas
Calderon              Hancock               Maddox                   Runner
Campbell              Harman                Maldonado                Salinas
Canciamilla           Haynes                Matthews                 Simitian
Chan                  Horton, Jerome        Maze                     Spitzer
Chu                   Horton, Shirley       McCarthy                 Steinberg
Cogdill               Houston               Montanez                 Strickland
Cohn                  Jackson               Mountjoy                 Vargas
Corbett               Keene                 Mullin                   Wiggins
Correa                Kehoe                 Nakanishi                Wolk
Cox                   Koretz                Nakano                   Wyland
Daucher               La Malfa              Nation                   Yee
Diaz                  La Suer               Negrete McLeod           Mr. Speaker
Dutra                 Laird                 Nunez
Dutton                Leno                  Pacheco
                                     NOES—None
  Above resolution ordered enrolled.
238                      ASSEMBLY JOURNAL                Jan. 21, 2003
                THIRD READING OF ASSEMBLY BILLS
  ASSEMBLY CONCURRENT RESOLUTION NO. 4 (Wesson)—Relative to the
Anaheim Angels.
  Resolution read, and presented by Assembly Member Correa.
                     Members Made Coauthors of
                 Assembly Concurrent Resolution No. 4
   Assembly Member Correa was granted unanimous consent to open
the roll for the purpose of permitting Members to add as coauthors of
Assembly Concurrent Resolution No. 4.
                               Roll Call
  The following Assembly Members indicated a desire to
become coauthors:
  Aghazarian, Benoit, Berg, Bogh, Calderon, Canciamilla, Chan, Chu,
Cogdill, Cohn, Corbett, Cox, Diaz, Dutra, Dutton, Dymally, Firebaugh,
Frommer, Garcia, Goldberg, Hancock, Haynes, Jerome Horton,
Houston, Jackson, Keene, Kehoe, Koretz, La Malfa, La Suer, Laird,
Leslie, Levine, Lieber, Liu, Longville, Maldonado, Matthews,
Maze, McCarthy, Montanez, Nakano, Negrete McLeod, Nunez, Parra,
Pavley, Reyes, Richman, Ridley-Thomas, Runner, Salinas, Samuelian,
Strickland, Vargas, Wiggins, Wolk, and Wyland.
                     Request for Unanimous Consent
   Assembly Member Correa was granted unanimous consent to take up
Assembly Concurrent Resolution No. 4, as amended, without reference
to print or file, and that the same be considered engrossed.
  Consideration of Assembly Concurrent Resolution No. 4, as Amended
  ASSEMBLY CONCURRENT RESOLUTION NO. 4—Relative to the Anaheim
Angels.
  Resolution read, as amended, and adopted.
  Resolution ordered printed, and transmitted to the Senate.
            ASSEMBLY JOINT RESOLUTION NO. 2 TAKEN UP
                    BY UNANIMOUS CONSENT
   Assembly Member Jackson was granted unanimous consent to take
up Assembly Joint Resolution No. 2, without reference to file, and that
the same be considered engrossed.
  ASSEMBLY JOINT RESOLUTION NO. 2—Relative to the 30th anniversary of
Roe v. Wade.
  Resolution read.
      Members Made Coauthors of Assembly Joint Resolution No. 2
   Assembly Member Jackson was granted unanimous consent to open
the roll for the purpose of permitting Members to add as coauthors of
Assembly Joint Resolution No. 2.
                               Roll Call
  The following Assembly         Members     indicated   a   desire   to
become coauthors:
  Correa and Daucher.
Jan. 21, 2003              ASSEMBLY JOURNAL                              239
                      Request for Unanimous Consent
   Assembly Member Jackson was granted unanimous consent to take
up Assembly Joint Resolution No. 2, as amended, without reference to
print or file, and that the same be considered engrossed.
       Consideration of Assembly Joint Resolution No. 2, as Amended
  ASSEMBLY JOINT RESOLUTION NO. 2—Relative to the 30th anniversary of
Roe v. Wade.
  Resolution read, as amended, and adopted by the following vote:
                                    AYES—47
Berg               Dymally              Lieber           Reyes
Bermudez           Firebaugh            Liu              Richman
Calderon           Frommer              Longville        Ridley-Thomas
Canciamilla        Goldberg             Matthews         Salinas
Chan               Hancock              Montanez         Simitian
Chu                Horton, Jerome       Mullin           Steinberg
Cohn               Jackson              Nakano           Vargas
Corbett            Kehoe                Nation           Wiggins
Correa             Koretz               Negrete McLeod   Wolk
Daucher            Laird                Nunez            Yee
Diaz               Leno                 Parra            Mr. Speaker
Dutra              Levine               Pavley
                                    NOES—22
Aghazarian         Dutton              Maddox            Samuelian
Benoit             Haynes              Maze              Spitzer
Bogh               Keene               McCarthy          Strickland
Campbell           La Malfa            Mountjoy          Wyland
Cogdill            La Suer             Nakanishi
Cox                Leslie              Runner
  Resolution ordered transmitted to the Senate immediately.
                           ADJOURN IN MEMORY
  Assembly Member Canciamilla was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Mary Mahoney, of Lafayette.
  (Assembly Rule 45.5 suspended.)
          HOUSE RESOLUTION NO. 6 SET FOR SPECIAL ORDER
  Assembly Member Firebaugh was granted unanimous consent that
House Resolution No. 6 be made a special order of business for
Thursday, January 23, 2003, at 8:30 a.m.
                           ADJOURN IN MEMORY
   Assembly Member Leno was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of David Morton, of San Francisco.
   Assembly Member Montanez was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Irene Piro, of Glendale.
   Assembly Member Runner was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Carl Bergman, of Lancaster.
240                          ASSEMBLY JOURNAL                      Jan. 21, 2003
                                   VOTE ADDS
   The following Assembly Members were granted unanimous consent
to record their votes on the following items (shown in sequential order):
   Assembly Concurrent Resolution No. 12, Concurrence: Bogh,
Dutton, La Suer, Leslie, Maddox, and Mountjoy—Aye.
   Assembly Joint Resolution No. 2: Bogh—No.
                             MOTION TO ADJOURN
  At 2:35 p.m., Assembly Member Firebaugh moved that the Assembly
do now adjourn.
  Assembly Member Strickland seconded the motion.
  Motion carried.
           QUORUM CALL OF THE ASSEMBLY DISPENSED WITH
   At 2:36 p.m., Speaker pro Tempore Kehoe declared the quorum call
of the Assembly dispensed with.
                  INTRODUCTION AND FIRST READING OF
                           ASSEMBLY BILLS
  The following bills were introduced and read the first time:
  ASSEMBLY BILL NO. 147—Nation. An act to amend Section 113985 of the
Health and Safety Code, relating to food.
  ASSEMBLY BILL NO. 148—Dymally. An act to amend Section 60221 of the Water
Code, relating to water.
  ASSEMBLY BILL NO. 149—Cohn. An act to amend Section 5406.5 of the Labor
Code, relating to workers’ compensation.
  ASSEMBLY BILL NO. 150—Reyes and Spitzer (Coauthors: Chavez, Diaz,
Frommer, Longville, Nunez, and Strickland) (Coauthors: Senators Johnson, Scott,
and Soto). An act to amend Section 290 of the Penal Code, relating to sex offenders.
  ASSEMBLY BILL NO. 151—Vargas. An act to add Section 41514.15 to the Health
and Safety Code, relating to air pollution, and making an appropriation therefor.
  ASSEMBLY BILL NO. 152—Levine. An act to Amend Section 17280.5 of the
Education Code, relating to school facilities.
   ASSEMBLY BILL NO. 153—Calderon. An act to amend Sections 68130.5 and
76300 of, and to add Section 66021.6 to, the Education Code, relating to student
financial aid.
   ASSEMBLY BILL NO. 154—Chan. An act to add Section 12693.305 to the
Insurance Code, and to add Section 14093.06 to the Welfare and Institutions Code,
relating to health care.
                         INTRODUCTION OF GUESTS
  Assembly Member Cox, of the 5th Assembly District, introduced
Hon. Anthony Pescetti, former Assembly Member.
Jan. 21, 2003           ASSEMBLY JOURNAL                         241
                           ADJOURNMENT
   At 3 p.m., pursuant to the motion by Assembly Member Firebaugh,
the Assembly adjourned until 7 a.m., Wednesday, January 22, 2003, out
of respect to the memory of Carl E. London, on motion of Assembly
Member Cox; out of respect to the memory of Frank Bello, on motion
of Assembly Member Bogh; out of respect to the memory of
Terry Douglas Fortier, on motion of Assembly Member Samuelian; out
of respect to the memory of Mabel Thomas, on motion of Assembly
Member Mountjoy; out of respect to the memory of Shirley Kennedy,
on motion of Assembly Member Jackson; out of respect to the memory
of Morris Kight, on motion of Assembly Members Goldberg and
Koretz, and Speaker pro Tempore Kehoe; out of respect to the memory
of David Morton, on motion of Assembly Member Leno; out of respect
to the memory of Mary Mahoney, on motion of Assembly Member
Canciamilla; out of respect to the memory of Irene Piro, on motion
of Assembly Member Montanez; out of respect to the memory of
Carl Bergman, on motion of Assembly Member Runner; and out of
respect to the memory of John Monteiro, on motion of Assembly
Members Maldonado and Firebaugh.


  HERB J. WESSON, JR., Speaker
                                  PAM CAVILEER, Minute Clerk
Jan. 22, 2003                    ASSEMBLY JOURNAL                                          243

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                     Wednesday, January 22, 2003

                         THIRTEENTH SESSION DAY

                     FIFTY-SECOND CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
244                       ASSEMBLY JOURNAL                   Jan. 22, 2003


              PROCEEDINGS OF THE ASSEMBLY

                             IN ASSEMBLY


                                    Assembly Chamber, Sacramento
                                        Wednesday, January 22, 2003
  The Assembly met at 7 a.m.
  Hon. Barbara Matthews, Assembly Member, 17th District,
presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Brian Ebbert reading.
                                ROLL CALL
  The following were placed upon the morning roll call—76:
Aghazarian        Dymally             Levine             Parra
Benoit            Firebaugh           Lieber             Pavley
Berg              Frommer             Liu                Plescia
Bermudez          Garcia              Longville          Reyes
Bogh              Goldberg            Lowenthal          Richman
Calderon          Hancock             Maddox             Ridley-Thomas
Campbell          Harman              Maldonado          Runner
Canciamilla       Haynes              Matthews           Salinas
Chan              Horton, Shirley     Maze               Samuelian
Chu               Houston             McCarthy           Simitian
Cogdill           Jackson             Montanez           Spitzer
Cohn              Keene               Mountjoy           Steinberg
Corbett           Kehoe               Mullin             Strickland
Correa            Koretz              Nakanishi          Vargas
Cox               La Malfa            Nakano             Wiggins
Daucher           La Suer             Nation             Wolk
Diaz              Laird               Negrete McLeod     Wyland
Dutra             Leno                Nunez              Yee
Dutton            Leslie              Pacheco            Mr. Speaker
  Quorum present.
          At 1:30 p.m., Hon. Mark Wyland, 74th District, presiding
                 REGULAR BUSINESS DISPENSED WITH
  By unanimous consent, the regular order of business of the Assembly
was dispensed with for this legislative day.
                   LEAVES OF ABSENCE FOR THE DAY
  By unanimous consent, the following Assembly Members were
granted leaves of absence for the day:
  On legislative business: Assembly Members Bates, Chavez, Jerome E.
Horton, and Oropeza.
Jan. 22, 2003            ASSEMBLY JOURNAL                             245
                     EXPLANATIONS OF ABSENCE
   Pursuant to the Assembly Rules, the following explanations of
absence were ordered printed in the Journal:
                                                      January 14, 2003
The Honorable Herb Wesson
   Speaker of the State Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker,
   The purpose of this letter is to respectfully inform you that I will be
absent for check-in session, Wednesday, January 22nd, 2003. I will be in
my district on legislative business.
   Thank you in advance for your prompt attention to this matter. Should
you have any questions, please contact my Chief of Staff Cory Botts
at 319-2073.
             Sincerely,
                           PATRICIA C. BATES, Assembly Member
                           Seventy-third District
                                                      January 9, 2003
The Honorable Herb J. Wesson, Jr.
  Speaker
      California State Assembly
        State Capitol, Room 219
          Sacramento, California
   Dear Mr. Speaker Wesson: I respectfully request permission to travel
to my district on January 21, 2003.
   I also ask to be excused from session on January 22, to speak at a
legislative conference near my district on January 22.
   I will return to the Capitol on January 23, in time for session.
   I thank you in advance for your favorable consideration. Should you
have any questions whatsoever, please do not hesitate to contact me.
              Sincerely,
                                    ED CHAVEZ, Assembly Member
                                    Fifty-seventh District
246                           ASSEMBLY JOURNAL                       Jan. 22, 2003
                                                   January 17, 2003
The Honorable Herb J. Wesson, Jr.
  Speaker of the Assembly
      State Capitol, Room 219
        Sacramento, California
   Dear Mr. Speaker: I am respectfully requesting permission to be
excused from Check-In Session on Wednesday, January 22, 2003. I will
be attending the 8th Annual Western Indian Gaming Conference, which
will be held at the Pechanga Resort & Casino in Temecula, CA. I will be
returning back to Sacramento on Thursday, January 23, 2003, in time for
Assembly Floor Session.
   I thank you in advance for your consideration of this request and if
you have any questions, please contact me at (916) 319-2051 or
(916) 207-5100.
              Sincerely,
                         JEROME E. HORTON, Assembly Member
                         Fifty-first District
  (NOTE: For letter explaining the absence of Assembly Member Oropeza on this day
on legislative business pursuant to the Assembly Rules, see Assembly Daily Journal for
January 21, 2003.)
                               COMMUNICATIONS
  The following communication was presented by the Speaker, and
ordered printed in the Journal:
                                             January 22, 2003
Mr. E. Dotson Wilson
  Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
   RE:   Appointment of Samuel Goetz
         to California Taskforce on Holocaust, Genocide,
         Human Rights, and Tolerance Education
  Dear Mr. Wilson: Please be advised I have appointed Dr. Samuel
Goetz to the California Taskforce on Holocaust, Genocide, Human
Rights, and Tolerance Education. This is a term appointment starting
January 22, 2003 and the expiration date is January 22, 2005.
             Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
                       SPECIAL COMMITTEE MEETINGS
   By unanimous consent, the following committees were permitted
to meet:
   Health, on Tuesday, February 4, 2003, at 9:30 a.m., in Room 4202;
   Select Committee on California Children’s School Readiness and
Health, on February 19, 2003, at 10 a.m., in Room 4202;
   Joint Committee on Preparing California for the 21st Century, on
Thursday, February 20, 2003, at 2 p.m., in Room 317;
   Labor and Employment, on Wednesday, March 5, 2003, at 1 p.m.,
in Millbrae;
   Select Committee on Asian Trade, on March 27, 2003, at 1:30 p.m.,
in Room 447.
Jan. 22, 2003                 ASSEMBLY JOURNAL                                     247
                   INTRODUCTION AND FIRST READING OF
                            ASSEMBLY BILLS
   The following bills were introduced and read the first time:
  ASSEMBLY BILL NO. 155—Kehoe. An act to amend Section 1050 of the Penal
Code, relating to criminal procedure.
   ASSEMBLY BILL NO. 156—Maze. An act to add Article 6.5 (commencing with
Section 92675) to Chapter 6 of Part 57 of the Education Code, relating to the University
of California, and making an appropriation therefor.
   ASSEMBLY BILL NO. 157—Salinas. An act to amend Section 401 of the Pajaro
River Watershed Flood Prevention Authority Act (Chapter 963 of the Statutes of 1999),
relating to water.
  ASSEMBLY BILL NO. 158—Runner. An act to amend Section 11383 of the Health
and Safety Code, relating to controlled substances.
  ASSEMBLY BILL NO. 159—Jerome Horton. An act to add Section 19636 to the
Government Code, relating to state employment.
   ASSEMBLY BILL NO. 160—Salinas. An act to add Chapter 2.5 (commencing with
Section 7285.10) to Part 1.7 of Division 2 of the Revenue and Taxation Code, relating
to taxation.
  ASSEMBLY BILL NO. 161—Dymally. An act to add Section 859.5 to the Penal
Code, relating to criminal procedure.
  ASSEMBLY BILL NO. 162—Cohn. An act relating to taxation.
   ASSEMBLY BILL NO. 163—Nation. An act to add and repeal Section 52086.5 of
the Education Code, relating to class size reduction.
   ASSEMBLY BILL NO. 164—Jerome Horton. An act to add and repeal Article 17
(commencing with Section 35420) of Chapter 2 of Part 22 of the Education Code,
relating to the Inglewood Unified School District.
  ASSEMBLY BILL NO. 165—Chan. An act to amend Section 33126 of the
Education Code, relating to education
                                   RESOLUTIONS
   The following resolutions were offered:
   ASSEMBLY JOINT RESOLUTION NO. 3—Jerome Horton. Relative to student
financial aid.
  HOUSE RESOLUTION NO. 10—Liu, Chan, Chu, Nakano, Yee, Nakanishi, and
Shirley Horton. Relative to Lunar New Year Celebration.
                           AUTHOR’S AMENDMENTS
                           Committee on Public Safety
                                                              January 22, 2003
  Mr. Speaker: The Chair of your Committee on Public Safety reports:
  Assembly Bill No. 46
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                              LENO, Chairman
   ASSEMBLY BILL NO. 46—An act to add Section 1798.86 to the Civil Code, and
to amend Section 530.5 of, and to add Section 667.13 to, the Penal Code, relating to
identity theft.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
248                         ASSEMBLY JOURNAL                     Jan. 22, 2003
                     REPORTS OF STANDING COMMITTEES
                            Committee on Education
                                                Date of Hearing: January 15, 2003
   Mr. Speaker: Your Committee on Education reports:
   Assembly Bill No. 38
With amendments with the recommendation: Amend, do pass as amended, and be
re-referred to the Committee on Appropriations.
                                                       GOLDBERG, Chairwoman
  Above bill ordered to second reading.
                               ADJOURNMENT
  At 3 p.m., the Assembly adjourned until 8:30 a.m., Thursday,
January 23, 2003.


  HERB J. WESSON, JR., Speaker
                                        PAM CAVILEER, Minute Clerk
Jan. 22, 2003         ASSEMBLY JOURNAL                        249

         AMENDMENTS CONSIDERED BY THE
          ASSEMBLY ON JANUARY 22, 2003

The following measures were amended in the Assembly on this day:

                       AB    RN
                        46   0300967
                      Daily Total:         1
                  Cumulative Total:        6
Jan. 23, 2003                    ASSEMBLY JOURNAL                                          251

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                       Thursday, January 23, 2003

                        FOURTEENTH SESSION DAY

                       FIFTY-THIRD CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
252                      ASSEMBLY JOURNAL               Jan. 23, 2003


              PROCEEDINGS OF THE ASSEMBLY

                            IN ASSEMBLY


                             Assembly Chamber, Sacramento
                                     Thursday, January 23, 2003
  The Assembly met at 8:30 a.m.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Brian Ebbert reading.
                               ROLL CALL
  The roll was called.
                     Quorum Call of the Assembly
  Assembly Member Wolk moved a quorum call of the Assembly.
  Motion carried. Time, 8:31 a.m.
  The Speaker pro Tempore directed the Sergeant at Arms to close the
doors, and to bring in the absent Members.
                            Quorum Present
  At 8:42 a.m., Speaker pro Tempore Kehoe declared a quorum of the
Assembly present.
  The roll call was completed, and the following answered to their
names—79:
Aghazarian       Dutton            Levine           Parra
Bates            Dymally           Lieber           Pavley
Benoit           Firebaugh         Liu              Plescia
Berg             Frommer           Longville        Reyes
Bermudez         Goldberg          Lowenthal        Richman
Bogh             Hancock           Maddox           Ridley-Thomas
Calderon         Harman            Maldonado        Runner
Campbell         Haynes            Matthews         Salinas
Canciamilla      Horton, Jerome    Maze             Samuelian
Chan             Horton, Shirley   McCarthy         Simitian
Chavez           Houston           Montanez         Spitzer
Chu              Jackson           Mountjoy         Steinberg
Cogdill          Keene             Mullin           Strickland
Cohn             Kehoe             Nakanishi        Vargas
Corbett          Koretz            Nakano           Wiggins
Correa           La Malfa          Nation           Wolk
Cox              La Suer           Negrete McLeod   Wyland
Daucher          Laird             Nunez            Yee
Diaz             Leno              Oropeza          Mr. Speaker
Dutra            Leslie            Pacheco
Jan. 23, 2003            ASSEMBLY JOURNAL                            253
                                PRAYER
   Upon invitation of Speaker pro Tempore Kehoe, the following prayer
was offered by Assembly Chaplain Rev. Constantine C. Pappademos:
   Blessed Lord, Refresh us all who carry heavy burdens, with Your
presence and Your power. Quiet our minds and ease our hearts by
bringing us close to things infinite and eternal. Lead our footsteps to
Your path, from darkness into light, that in Your light we may see light.
And crown us as Your servants by making us springs of strength and joy
to all whom we serve.—AMEN.
                PLEDGE OF ALLEGIANCE TO THE FLAG
  Upon request of Speaker pro Tempore Kehoe, Assembly Member
Strickland then led the Assembly in the pledge of allegiance to the Flag.
        MOTION TO DISPENSE WITH READING OF THE JOURNAL
   Further reading of the Journal of the previous legislative day was
dispensed with on motion of Assembly Member Firebaugh, seconded
by Assembly Member Cogdill.
                  LEAVES OF ABSENCE FOR THE DAY
   By unanimous consent, the following Assembly Member was granted
leave of absence for the day:
   On legislative business: Assembly Member Garcia.
                     EXPLANATIONS OF ABSENCE
  Pursuant to the Assembly Rules, the following explanation of
absence was ordered printed in the Journal:
                                                  January 16, 2003
Assembly Speaker Herb Wesson
  State Capitol, Room 219
     Sacramento, California
  Dear Speaker Wesson,
  I am respectfully requesting that I be excused from session
on Thursday January 23, 2003. I need to be in my district for legislative
business.
  Should you have any questions please contact me or my Chief of
Staff, Justin Matheson at (916) 319-2080.
              Sincerely,
                            BONNIE GARCIA, Assembly Member
                            Eightieth District
254                     ASSEMBLY JOURNAL               Jan. 23, 2003
                         COMMUNICATIONS
  The following communications were presented by the Speaker, and
ordered printed in the Journal:
                                              January 22, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  RE: Select Committee on the Future of California’s Health
  Dear Dotson: Please be advised that I have changed the name of the
Select Committee on Future of Health Care in California to the Select
Committee on the Future of California’s Health for the 2003–04
Regular Session. Assemblymember Rebecca Cohn remains as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                 January 23, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have created the Select
Committee on Children’s Physical and Mental Well-being in Diverse
California Communities for the 2003–04 Regular Session and have
appointed Assemblymember Leland Yee as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                 January 23, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
       Sacramento, California
   Dear Dotson: Please be advised that I am dissolving the recently
created Select Committee on Workers Compensation, effective
immediately.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
Jan. 23, 2003            ASSEMBLY JOURNAL                            255
                                                 January 23, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
     State Capitol, Room 3196
       Sacramento, California
   Dear Dotson: Please be advised that I have created the Select
Committee on Water Management, Storage, Conservation and Supply
for the 2003–04 Regular Session and have appointed Assemblymember
Ronald Calderon as the Chair.
             Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
                               REPORTS
  The following reports were presented by the Chief Clerk:
            School Renovation, IDEA and Technology Program
                         State Progress Report
          (Pursuant to 2002–03 Budget Act, Item 6110-202-0890)
  Above transmitted report, together with letter of transmittal from
B. Teri Burns, Deputy Superintendent, Department of Education, dated
January 13, 2003, referred by the Speaker to the Committee on Budget.
              Report on Legislation Enacted in 2002 with
              State-Mandated Local Program Implications
           (Pursuant to Government Code Section 17562(e)3)
  Above transmitted report, together with letter of transmittal from
Betty T. Yee, Chief Deputy Director, Department of Finance,
dated January 14, 2003, referred by the Speaker to the Committee on
Local Government.
             Annual Program Evaluation Plan and Overview
               Fiscal Years 2002–2003 through 2004–2005
     (Pursuant to Supplemental Language of the Budget Act of 1998)
  Above transmitted report, together with letter of transmittal from
Wayne Strumpfer, Interim Executive Director, Office of Criminal
Justice Planning, dated January 15, 2003, referred by the Speaker to the
Committee on Budget.
                          Initial Assessment of
  the Health and Condition of California’s Lands and Natural Resources
                 2002 Report—California Legacy Project
  Above transmitted report, together with letter of transmittal from
Mary D. Nichols, Secretary, Resources Agency, dated December 19,
2002, referred by the Speaker to the Committee on Natural Resources.
        An Evaluation of the Gang Violence Suppression Program
      First Evaluation Report: Steps Taken to Ensure Submission of
         Accurate Data and Availability of Source Documentation
      (Pursuant to Supplemental Language in the 2002 Budget Act)
   Above transmitted report, together with letter of transmittal from
Wayne Strumpfer, Interim Executive Director, Office of Criminal
Justice Planning, dated December 31, 2002, referred by the Speaker to
the Committee on Budget.
256                         ASSEMBLY JOURNAL                     Jan. 23, 2003
                       Quarterly Progress Report for
      the Office of Criminal Justice Planning (OCJP) Evaluation Unit,
                October 1, 2002 through December 30, 2002
          (Pursuant to 1998–99 Supplemental Budget Language
                             Item 8100-001-001)
   Above transmitted report, together with letter of transmittal from
Wayne Strumpfer, Interim Executive Director, Office of Criminal
Justice Planning, dated December 31, 2002, referred by the Speaker to
the Committee on Budget.
                  California Transportation Commission’s
              2002 Annual Report to the California Legislature
           (Pursuant to Government Code Sections 14535–14536)
  Above transmitted report, together with letter of transmittal from
Kirk Lindsey, Chair, California Transportation Commission, dated
January 6, 2003, referred by the Speaker to the Committee
on Transportation.
               ENGROSSMENT AND ENROLLMENT REPORTS
                                             Assembly Chamber, January 23, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Bill No. 46
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
  Above bill re-referred to committee.
                   REFERENCE OF BILLS TO COMMITTEE
  Pursuant to the Assembly Rules, the following bills were referred to
committee:
  Assembly
   Bill No.                        Committee
      19 – – – – – – – – – – – – Pub. S. and Trans.
      22 – – – – – – – – – – – – Hum. S.
      23 – – – – – – – – – – – – Health
      25 – – – – – – – – – – – – B. & P.
      66 – – – – – – – – – – – – W.,P. & W. and E.S. & T.M.
      94 – – – – – – – – – – – – Rev. & Tax.
     104 – – – – – – – – – – – – H. & C.D.
     114 – – – – – – – – – – – – Trans.
     115 – – – – – – – – – – – – Ed.
     116 – – – – – – – – – – – – B. & P.
     118 – – – – – – – – – – – – Pub. S.
     119 – – – – – – – – – – – – Higher Ed.
     120 – – – – – – – – – – – – E.S. & T.M.
     121 – – – – – – – – – – – – E.S. & T.M.
     122 – – – – – – – – – – – – Rev. & Tax.
     124 – – – – – – – – – – – – Ed.
     125 – – – – – – – – – – – – Pub. S.
     126 – – – – – – – – – – – – B. & P.
     127 – – – – – – – – – – – – L. Gov.
     128 – – – – – – – – – – – – Rev. & Tax.
     130 – – – – – – – – – – – – Trans.
     131 – – – – – – – – – – – – G.O.
     132 – – – – – – – – – – – – Rev. & Tax.
     133 – – – – – – – – – – – – P.E.,R. & S.S.
     134 – – – – – – – – – – – – Pub. S.
Jan. 23, 2003                 ASSEMBLY JOURNAL                                     257
     135 – – – – – – – – – – – – Pub. S.
     136 – – – – – – – – – – – – Ins.
     137 – – – – – – – – – – – – Rev. & Tax.
     138 – – – – – – – – – – – – B. & P.
Assembly Concurrent
   Resolution No.                  Committee
      13 – – – – – – – – – – – – Rls.
      14 – – – – – – – – – – – – Rls.
    House
Resolution No.                     Committee
       9 – – – – – – – – – – – – Rls.
                            AUTHOR’S AMENDMENTS
                             Committee on Education
                                                              January 23, 2003
  Mr. Speaker: The Chair of your Committee on Education reports:
  Assembly Bill No. 8
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                   GOLDBERG, Chairwoman
  ASSEMBLY BILL NO. 8—An act to add and repeal Article 3.8 (commencing with
Section 52055.70) to Chapter 6.1 of Part 28 of the Education Code, relating to Riverside
County Office of Education, and declaring the urgency thereof, to take effect
immediately.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
                         AUTHOR’S AMENDMENTS
      Committee on Public Employees, Retirement and Social Security
                                                           January 23, 2003
  Mr. Speaker: The Chair of your Committee on Public Employees, Retirement and
Social Security reports:
  Assembly Bill No. 55
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                           NEGRETE MCLEOD, Chairwoman
   ASSEMBLY BILL NO. 55—An act to amend Sections 31485.7 and 31485.8 of, and
to add Section 31658 to, the Government Code, relating to county employees’
retirement, and declaring the urgency thereof, to take effect immediately.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
                        AUTHOR’S AMENDMENTS
           Committee on Housing and Community Development
                                                         January 23, 2003
  Mr. Speaker: The Chair of your Committee on Housing and Community
Development reports:
  Assembly Bill No. 32
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                  LOWENTHAL, Chairman
258                        ASSEMBLY JOURNAL              Jan. 23, 2003
  ASSEMBLY BILL NO. 32—An act to add and repeal Section 50517.15 of the
Health and Safety Code, relating to housing.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
                     REQUEST FOR PHOTOGRAPHER
  Speaker Wesson was granted unanimous consent that a photographer
be permitted on the Floor of the Assembly.
                           ADJOURN IN MEMORY
                            Moment of Silence
  Assembly Member Campbell was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of his sister, Suzanne Campbell McGaughey, of Los Angeles,
and that the Assembly observe a moment of silence in her honor.
  (Assembly Rule 45.5 suspended.)
   CONSIDERATION OF SPECIAL ORDER—HOUSE RESOLUTION NO. 6
  The hour having arrived, House Resolution No. 6 was taken up.
  (NOTE: Special Order set for 8:30 a.m.)
  HOUSE RESOLUTION NO. 6 (Dymally)—Relative to Bill Greene.
  Resolution read.
           Members Made Coauthors of House Resolution No. 6
   Assembly Member Dymally was granted unanimous consent to open
the roll for the purpose of permitting Members to add as coauthors of
House Resolution No. 6.
                                    Roll Call
  The following Assembly Members indicated a desire to become
coauthors:
  Aghazarian, Bates, Benoit, Berg, Bermudez, Bogh, Calderon,
Campbell, Canciamilla, Chan, Chavez, Chu, Cogdill, Cohn, Correa,
Cox, Daucher, Dutra, Dutton, Firebaugh, Frommer, Goldberg,
Hancock, Harman, Haynes, Jerome Horton, Shirley Horton, Houston,
Jackson, Keene, Kehoe, Koretz, La Malfa, Laird, Leno, Levine,
Lieber, Liu, Longville, Lowenthal, Maddox, Maldonado, Matthews,
Maze, Montanez, Mountjoy, Mullin, Nakanishi, Nakano, Nation,
Negrete McLeod, Nunez, Oropeza, Pacheco, Parra, Pavley, Reyes,
Richman, Ridley-Thomas, Runner, Salinas, Samuelian, Simitian,
Spitzer, Steinberg, Strickland, Vargas, Wesson, Wolk, Wyland, and Yee.
                      Request for Unanimous Consent
   Assembly Member Dymally was granted unanimous consent to take
up House Resolution No. 6, as amended, without reference to print
or file.
        Consideration of House Resolution No. 6, as Amended
  HOUSE RESOLUTION NO. 6—Relative to Bill Greene.
  Resolution read, as amended, and adopted.
Jan. 23, 2003                 ASSEMBLY JOURNAL                                   259
                          CAUCUS ANNOUNCEMENTS
  At 8:57 a.m., Assembly Member Strickland was granted unanimous
consent that the Republican Caucus be permitted to meet in the Tom
Bane Rules Committee Room.
                                      RECESS
  By unanimous consent, at 8:57 a.m., Speaker pro Tempore Kehoe
declared the Assembly recessed.
                                  RECONVENED
  At 9:26 a.m., the Assembly reconvened.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
                                      RECESS
  By unanimous consent, at 9:30 a.m., Speaker pro Tempore Kehoe
declared the Assembly recessed.
                                  RECONVENED
  At 9:36 a.m., the Assembly reconvened.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
                        CONSIDERATION OF DAILY FILE
                    SECOND READING OF ASSEMBLY BILLS
   ASSEMBLY BILL NO. 38—An act relating to the West Fresno Elementary School
District, making an appropriation therefor, and declaring the urgency thereof, to take
effect immediately.
   Bill read second time; amendments proposed by the Committee on
Education read and adopted, bill ordered reprinted and to be re-referred
to the Committee on Appropriations.
             THIRD READING OF ASSEMBLY BILLS
  HOUSE RESOLUTION NO. 8 (Firebaugh)—Relative to Nurse Anesthetists.
   Resolution read.
            Members Made Coauthors of House Resolution No. 8
   Assembly Member Firebaugh was granted unanimous consent to
open the roll for the purpose of permitting Members to add as coauthors
of House Resolution No. 8.
                                    ROLL CALL
  The following Assembly Members indicated a desire to become
coauthors:
  Aghazarian, Bates, Benoit, Berg, Bermudez, Bogh, Calderon,
Campbell, Canciamilla, Chan, Chavez, Chu, Cogdill, Cohn, Corbett,
Correa, Cox, Daucher, Diaz, Dutra, Dutton, Dymally, Frommer,
Goldberg, Hancock, Harman, Haynes, Jerome Horton, Shirley Horton,
Jackson, Keene, Kehoe, Koretz, La Malfa, Laird, Leno, Leslie, Levine,
Lieber, Liu, Longville, Lowenthal, Maddox, Maldonado, Matthews,
Maze, McCarthy, Montanez, Mountjoy, Mullin, Nakanishi, Nakano,
Nation, Negrete McLeod, Nunez, Oropeza, Pacheco, Parra, Pavley,
Plescia, Reyes, Richman, Ridley-Thomas, Runner, Salinas, Simitian,
Spitzer, Strickland, Vargas, Wesson, Wiggins, Wolk, Wyland, and Yee.
260                        ASSEMBLY JOURNAL                Jan. 23, 2003
                      Request for Unanimous Consent
   Assembly Member Firebaugh was granted unanimous consent to take
up House Resolution No. 8, as amended, without reference to print
or file.
        Consideration of House Resolution No. 8, as Amended
  HOUSE RESOLUTION NO. 8—Relative to Nurse Anesthetists.
  Resolution read, as amended, and adopted.
                           ADJOURN IN MEMORY
  Assembly Member Mountjoy was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Mamie Johnson, of Sacramento.
  (Assembly Rule 45.5 suspended.)
                COMMITTEE MEETING ANNOUNCEMENTS
  Assembly Member Nation announced that the Committee on Rules
would meet today, upon adjournment of Floor session, in the Tom Bane
Rules Committee Room.
  Assembly Member Oropeza announced that the Committee on
Budget would meet today, upon adjournment of Floor session, in
Room 4202, and on Monday, January 27, 2003.
                             ANNOUNCEMENTS
  Speaker pro Tempore Kehoe announced the following session
schedule:
  Monday, January 27, 2003, Floor Session, 11 a.m.;
  Tuesday, January 28, 2003, Check-in Session, 7 a.m. (Floor Session
upon Call of the Speaker);
  Wednesday, January 29, 2003, Check-in Session, 7 a.m. (Floor
Session upon Call of the Speaker);
  Thursday, January 30, 2003, Floor Session, 8:30 a.m.;
  Friday, January 31, 2003, Floor Session, upon Call of the Speaker.
                           ADJOURN IN MEMORY
   Assembly Member Chu was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Grace Bohlander, of Whittier and George Isamu Tamanaha, of
Monterey Park.
   Assembly Member Shirley Horton was granted unanimous consent
that when the Assembly adjourns on this day it do so out of respect to the
memory of Wanda M. Anfuso, of Spring Valley; William R. Charles, of
Lemon Grove; and Charlotte Orr Merriam, of Chula Vista.
   Assembly Member Leno was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Mary Dunlap and Melinda ‘‘Mindy’’ Ohler, of San Francisco.
   Assembly Member Nakano was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Pamela Tate, of Torrance.
Jan. 23, 2003                 ASSEMBLY JOURNAL                                   261
   Assembly Member Pavley was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Al Rush, of Beverly Hills.
   Assembly Member Steinberg was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Charles P. Weisberg, of Sacramento.
                             MOTION TO ADJOURN
  At 9:43 a.m., Assembly Member Firebaugh moved that the Assembly
do now adjourn.
  Assembly Member Cox seconded the motion.
                    REMARKS ON CONDITION OF THE FILE
  Assembly Members Chan, Correa, La Suer, Leslie, Benoit, Houston,
Dutra, Runner, Goldberg, Maze, Reyes, Spitzer, Haynes, Campbell, and
Wesson arose to speak on the condition of the file.
           FURTHER CONSIDERATION OF MOTION TO ADJOURN
   The question being on the motion of Assembly Member Firebaugh
that the Assembly adjourn.
   Motion carried.
           QUORUM CALL OF THE ASSEMBLY DISPENSED WITH
   At 10:13 a.m., Speaker pro Tempore Kehoe declared the quorum call
of the Assembly dispensed with.
                   INTRODUCTION AND FIRST READING OF
                            ASSEMBLY BILLS
   The following bills were introduced and read the first time:
  ASSEMBLY BILL NO. 166—Cogdill. An act relating to state-mandated local
programs.
  ASSEMBLY BILL NO. 167—Harman. An act to amend Sections 1004, 6327,
8852, 9761, 9884, 10151, 10534, 11952, 13601, 19054, and 21401 of, and to amend and
renumber Section 26112 of, the Probate Code, relating to probate.
  ASSEMBLY BILL NO. 168—Maze. An act to amend Section 11198 of the Penal
Code, relating to imprisonment.
  ASSEMBLY BILL NO. 169—Chavez. An act to amend Section 22050 of, to amend
and renumber Section 22754 of, and to add Sections 22012 and 22100.5 to, the Financial
Code, relating to finance lending.
  ASSEMBLY BILL NO. 170—Reyes. An act to amend Section 2732.1 of the
Business and Professions Code, relating to nursing.
   ASSEMBLY BILL NO. 171—Cohn. An act to amend Section 6276.24 of the
Government Code, and to amend Section 14087.38 of the Welfare and Institutions Code,
relating to Medi-Cal.
  ASSEMBLY BILL NO. 172—Nakanishi. An act to amend Section 30061 of the
Government Code, relating to law enforcement.
  ASSEMBLY BILL NO. 173—Dymally. An act to amend Section 19576 of the
Business and Professions Code, relating to horse racing.
  ASSEMBLY BILL NO. 174—Calderon. An act to amend Section 76300 of the
Education Code, relating to public postsecondary education.
  ASSEMBLY BILL NO. 175—Cohn. An act to amend Section 1375.7 of the Health
and Safety Code, relating to health care service plans.
262                           ASSEMBLY JOURNAL                        Jan. 23, 2003
  ASSEMBLY BILL NO. 176—Nakano. An act to add Section 146.5 to the Military
and Veterans Code, relating to the state militia.
  ASSEMBLY BILL NO. 177—Oropeza. An act to add Sections 13312.5 and
14105.3 to the Elections Code, relating to elections.
  ASSEMBLY BILL NO. 178—Oropeza. An act relating to medical privacy.
                                  RESOLUTIONS
   The following resolutions were offered:
  ASSEMBLY CONCURRENT RESOLUTION NO. 15—Frommer. Relative to
Colorectal Cancer Awareness Month.
  HOUSE RESOLUTION NO. 11—Runner and Steinberg. Relative to Congenital
Heart Defect Awareness Day.
  HOUSE RESOLUTION NO. 12—Dymally. Relative to prostate cancer.
                ENGROSSMENT AND ENROLLMENT REPORTS
                                             Assembly Chamber, January 23, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Concurrent Resolution No. 12
And reports the same correctly enrolled, and presented to the Secretary of State on the
23rd day of January, 2003, at 10:30 a.m.
                                               E. DOTSON WILSON, Chief Clerk
                       SPECIAL COMMITTEE MEETINGS
   By unanimous consent, the following committees were permitted
to meet:
   Water, Parks and Wildlife to convene jointly with Budget
Subcommittee No. 3, on Tuesday, January 28, 2003, at 9 a.m.
                 REPORTS OF STANDING COMMITTEES
                             Committee on Rules
                                            Date of Hearing: January 23, 2003
 Mr. Speaker: Your Committee on Rules reports:
 Assembly Concurrent Resolution No. 1
With the recommendation: Be adopted.
                                                          NATION, Chairman
   Above resolution ordered to third reading.
                                            Date of Hearing: January 23, 2003
 Mr. Speaker: Your Committee on Rules reports:
 House Resolution No. 7
With the recommendation: Be adopted.
                                                          NATION, Chairman
   Above resolution ordered to third reading.
Jan. 23, 2003          ASSEMBLY JOURNAL                       263
                         ADJOURNMENT
   At 3 p.m., pursuant to the motion by Assembly Member Firebaugh,
the Assembly adjourned until 11 a.m., Monday, January 27, 2003,
out of respect to the memory of Suzanne Campbell McGaughey,
on motion of Assembly Member Campbell; out of respect to the
memory of Mamie Johnson, on motion of Assembly Member
Mountjoy; out of respect to the memory of Grace Bohlander and
George Isamu Tamanaha, on motion of Assembly Member Chu; out of
respect to the memory of Wanda M. Anfuso, William R. Charles,
and Charlotte Orr Merriam, on motion of Assembly Member
Shirley Horton; out of respect to the memory of Mary Dunlap and
Melinda ‘‘Mindy’’ Ohler, on motion of Assembly Member Leno; out of
respect to the memory of Pamela Tate, on motion of Assembly Member
Nakano; out of respect to the memory of Al Rush, on motion of
Assembly Member Pavley; and out of respect to the memory of
Charles P. Weisberg, on motion of Assembly Member Steinberg.


  HERB J. WESSON, JR., Speaker
                                 PAM CAVILEER, Minute Clerk
264                   ASSEMBLY JOURNAL               Jan. 23, 2003

        AMENDMENTS CONSIDERED BY THE
         ASSEMBLY ON JANUARY 23, 2003

The following measures were amended in the Assembly on this day:

                       AB    RN
                         8   0301741
                        32   0300981
                        38   0301800
                        55   0302021
                      Daily Total:         4
                  Cumulative Total:        10
Jan. 27, 2003                    ASSEMBLY JOURNAL                                          265

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                         Monday, January 27, 2003

                          FIFTEENTH SESSION DAY

                    FIFTY-SEVENTH CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
266                      ASSEMBLY JOURNAL               Jan. 27, 2003


              PROCEEDINGS OF THE ASSEMBLY

                            IN ASSEMBLY


                             Assembly Chamber, Sacramento
                                      Monday, January 27, 2003
  The Assembly met at 11 a.m.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Francesca Vega reading.
                               ROLL CALL
  The roll was called.
                     Quorum Call of the Assembly
  Assembly Member Lieber moved a quorum call of the Assembly.
  Motion carried. Time, 11:01 a.m.
  The Speaker pro Tempore directed the Sergeant at Arms to close the
doors, and to bring in the absent Members.
                            Quorum Present
  At 11:12 a.m., Speaker pro Tempore Kehoe declared a quorum of the
Assembly present.
  The roll call was completed, and the following answered to their
names—76:
Aghazarian       Dutton            Leslie           Pacheco
Bates            Dymally           Levine           Parra
Benoit           Firebaugh         Lieber           Pavley
Berg             Frommer           Liu              Plescia
Bermudez         Garcia            Longville        Reyes
Bogh             Goldberg          Lowenthal        Richman
Calderon         Hancock           Maldonado        Ridley-Thomas
Campbell         Harman            Matthews         Runner
Canciamilla      Haynes            Maze             Salinas
Chan             Horton, Shirley   McCarthy         Samuelian
Chu              Houston           Montanez         Simitian
Cogdill          Jackson           Mountjoy         Spitzer
Cohn             Keene             Mullin           Steinberg
Corbett          Kehoe             Nakanishi        Strickland
Correa           Koretz            Nakano           Vargas
Cox              La Malfa          Nation           Wiggins
Daucher          La Suer           Negrete McLeod   Wolk
Diaz             Laird             Nunez            Yee
Dutra            Leno              Oropeza          Mr. Speaker
Jan. 27, 2003             ASSEMBLY JOURNAL                             267
                                 PRAYER
   Upon invitation of Speaker pro Tempore Kehoe, the following prayer
was offered by Assembly Chaplain Rev. Constantine C. Pappademos:
   O God, You have been the refuge of our forefathers through many
generations. Be our refuge today in every time and circumstance of
need. Be our guide through all that is dark and doubtful. Be our guard
against all that threatens our spiritual welfare. Be our strength in time of
testing. Gladden our hearts with Your peace, now and always.—AMEN.
                 PLEDGE OF ALLEGIANCE TO THE FLAG
 Upon request of Speaker pro Tempore Kehoe, Assembly Member
Wolk then led the Assembly in the pledge of allegiance to the Flag.
        MOTION TO DISPENSE WITH READING OF THE JOURNAL
   Further reading of the Journal of the previous legislative day was
dispensed with on motion of Assembly Member Firebaugh, seconded
by Assembly Member Cogdill.
                   LEAVES OF ABSENCE FOR THE DAY
  By unanimous consent, the following Assembly Members were
granted leaves of absence for the day:
  On legislative business: Assembly Members Chavez and Maddox.
  On personal business, and waiving per diem: Assembly
Member Wyland.
  Because of illness: Assembly Member Jerome E. Horton.
                      EXPLANATIONS OF ABSENCE
   Pursuant to the Assembly Rules, the following explanations of
absence were ordered printed in the Journal:
                                                      January 9, 2003
The Honorable Herb J. Wesson, Jr.
  Speaker
      California State Assembly
        State Capitol, Room 219
          Sacramento, California
   Dear Mr. Speaker Wesson: I respectfully request that I be excused
from session on Monday, January 27, 2003. The purpose is to attend to
legislative business in my district.
   I thank you in advance for your favorable consideration. Should you
have any questions whatsoever, please do not hesitate to contact me.
              Sincerely,
                                    ED CHAVEZ, Assembly Member
                                    Fifty-seventh District
268                     ASSEMBLY JOURNAL                Jan. 27, 2003
                                                  January 21, 2003
The Honorable Herb Wesson
  Speaker of the California State Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker: I respectfully request authorization to be absent
from session on Monday, January 27th. I will be in my district on
legislative business.
   Thank you for your consideration of my request.
             Sincerely,
                              KEN MADDOX, Assembly Member
                              Sixty-eighth District
                         COMMUNICATIONS
  The following communications were presented by the Speaker, and
ordered printed in the Journal:
                                              January 23, 2003
Mr. E. Dotson Wilson
  Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:   Appointment of Clifton Johnson
        to California Board of Accountancy
  Dear Mr. Wilson: Please be advised I have appointed Mr. Clifton
Johnson to the California Board of Accountancy. This is a term
appointment starting January 23, 2003 and the expiration date is
January 1, 2007.
            Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
                                                  January 24, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:    Appointment of Reed Holderman
         to Tahoe Regional Planning Agency
  Dear Mr. Wilson: Please be advised I have appointed Mr. Reed
Holderman to the Tahoe Regional Planning Agency. This is a pleasure
appointment starting January 24, 2003. Mr. Holderman will be
replacing Ms. Catherine Derringer.
             Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
Jan. 27, 2003            ASSEMBLY JOURNAL                               269
                                                January 27, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have removed
Assemblymember Manny Diaz from the Assembly Public Safety
Committee, creating a vacancy on the committee.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                     January 27, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have created the Select
Committee on Emerging Issues in California Communities for the
2003–04 Regular Session and have appointed Assemblymember Fabian
Nunez as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                               REPORTS
  The following reports were presented by the Chief Clerk:
       Annual Report on the Substance Abuse Treatment Program
               at the Substance Abuse Treatment Facility
             (Pursuant to Government Code Section 9795)
  Above transmitted report, together with letter of transmittal from
Edward S. Alameida, Jr., Director, Department of Corrections, dated
January 9, 2003, referred by the Speaker to the Committee on
Public Safety.
             Prison Representative Program Annual Report
     (Pursuant to Assembly Bill 2848, Chapter 1038, Statutes of 1980)
  Above transmitted report, together with letter of transmittal from
Edward S. Alameida, Jr., Director, Department of Corrections, dated
January 9, 2003, referred by the Speaker to the Committee on
Public Safety.
                         2001 Status Report on
              the Pesticide Contamination Prevention Act
       (Pursuant to Food and Agricultural Code Section 13144 (b))
  Above transmitted report, together with letter of transmittal from
Paul E. Helliker, Director, Department of Pesticide Regulation, dated
January 9, 2003, referred by the Speaker to the Committee on
Environmental Safety and Toxic Materials.
270                         ASSEMBLY JOURNAL                     Jan. 27, 2003
            Law Revision Commission 2002–2003 Annual Report
          (Pursuant to Government Code Sections 8291 and 9795)
  Above transmitted report, together with letter of transmittal from
Nathaniel Sterling, Executive Secretary, California Law Revision
Commission, dated January 10, 2003, referred by the Speaker to the
Committee on Judiciary.
                            2003 Report on the
               Safe at Home Confidential Address Program
(Pursuant to Section 6210 of Division 7 and Title 1 of the Government Code)
   Above transmitted report, together with letter of transmittal from
Kevin Shelley, Secretary of State, dated January 10, 2003, referred by
the Speaker to the Committee on Judiciary.
                  An Evaluation of the Implementation of
                      Ignition Interlock in California
                (Pursuant to Assembly Bill 762, Chapter 756
                             Statutes of 1998)
  Above transmitted report, together with letter of transmittal from
Steven Gourley, Director, Department of Motor Vehicles, dated
January 23, 2003, referred by the Speaker to the Committee on
Transportation.
               ENGROSSMENT AND ENROLLMENT REPORTS
                                             Assembly Chamber, January 27, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Bill No. 8
  Assembly Bill No. 32
  Assembly Bill No. 55
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
  Above bills re-referred to committee.
                   REFERENCE OF BILLS TO COMMITTEE
   Pursuant to the Assembly Rules, the following bills were referred
to committee:
  Assembly
    Bill No.                        Committee
       71 – – – – – – – – – – – – G.O. and Rev. & Tax.
     103 – – – – – – – – – – – – Health and B. & P.
     129 – – – – – – – – – – – – Jud.
     140 – – – – – – – – – – – – Pub. S.
     142 – – – – – – – – – – – – Nat. Res.
     144 – – – – – – – – – – – – P.E.,R. & S.S.
     145 – – – – – – – – – – – – Pub. S.
     146 – – – – – – – – – – – – Jud.
     147 – – – – – – – – – – – – Health
     149 – – – – – – – – – – – – Ins.
     150 – – – – – – – – – – – – Pub. S.
     151 – – – – – – – – – – – – U. & C. and Nat. Res.
     153 – – – – – – – – – – – – Higher Ed.
     154 – – – – – – – – – – – – Health
    House
Resolution No.                      Committee
       10 – – – – – – – – – – – – Rls.
Jan. 27, 2003                 ASSEMBLY JOURNAL                                   271
                           AUTHOR’S AMENDMENTS
                          Committee on Appropriations
                                                              January 27, 2003
  Mr. Speaker: The Chair of your Committee on Appropriations reports:
  Assembly Bill No. 38
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                      STEINBERG, Chairman
   ASSEMBLY BILL NO. 38—An act relating to the West Fresno Elementary School
District, making an appropriation therefor, and declaring the urgency thereof, to take
effect immediately.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
               ENGROSSMENT AND ENROLLMENT REPORTS
                                             Assembly Chamber, January 27, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Bill No. 38
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
   Above bill re-referred to committee.
                 REPORTS OF STANDING COMMITTEES
                             Committee on Rules
                                            Date of Hearing: January 27, 2003
 Mr. Speaker: Your Committee on Rules reports:
 Assembly Concurrent Resolution No. 13
With the recommendation: Be adopted.
                                                         NATION, Chairman
   Above resolution ordered to third reading.
                                            Date of Hearing: January 27, 2003
 Mr. Speaker: Your Committee on Rules reports:
 House Resolution No. 10
With the recommendation: Be adopted.
                                                          NATION, Chairman
   Above resolution ordered to third reading.
     ASSEMBLY RULE 118 SUSPENDED—PRIVILEGES OF THE FLOOR
  Assembly Member Chan was granted unanimous consent that
Assembly Rule 118 be temporarily suspended for the purpose of
permitting guests at the Members’ desks on the Floor of the Assembly.
                       REQUEST FOR PHOTOGRAPHER
  Assembly Member Chan was granted unanimous consent that a
photographer be permitted on the Floor of the Assembly.
272                        ASSEMBLY JOURNAL                Jan. 27, 2003
                           ADJOURN IN MEMORY
  Assembly Member Aghazarian was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Lou Souza, of Stockton.
  (Assembly Rule 45.5 suspended.)
  Assembly Member Goldberg was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Nell Carter, of Beverly Hills.
  (Assembly Rule 45.5 suspended.)
                     SPECIAL COMMITTEE MEETINGS
   Assembly Member Chan was granted unanimous consent that the
Committee on Appropriations be permitted to hold a special meeting at
this time, and that Joint Rule 62(a) be waived for the purpose of setting
Assembly Bill No. 38 for hearing.
                                    RECESS
  By unanimous consent, at 11:23 a.m., Speaker pro Tempore Kehoe
declared the Assembly recessed.
                               RECONVENED
  At 11:33 a.m., the Assembly reconvened.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
              CONSIDERATION OF DAILY FILE
            THIRD READING OF ASSEMBLY BILLS
 HOUSE RESOLUTION NO. 7 (Jackson)—Relative to National Mentoring
Month.
  Resolution read.
           Members Made Coauthors of House Resolution No. 7
   Assembly Member Jackson was granted unanimous consent to open
the roll for the purpose of permitting Members to add as coauthors of
House Resolution No. 7.
                                    Roll Call
  The following Assembly Members indicated a desire to become
coauthors:
  Aghazarian, Benoit, Berg, Bermudez, Bogh, Calderon, Campbell,
Canciamilla, Chan, Chu, Cogdill, Cohn, Correa, Cox, Daucher, Diaz,
Dutra, Dutton, Dymally, Firebaugh, Frommer, Garcia, Goldberg,
Hancock, Harman, Shirley Horton, Houston, Keene, Kehoe, Koretz,
La Malfa, La Suer, Laird, Leno, Leslie, Levine, Lieber, Liu, Longville,
Lowenthal, Maldonado, Matthews, Maze, McCarthy, Montanez,
Mountjoy, Mullin, Nakanishi, Nakano, Nation, Negrete McLeod,
Nunez, Oropeza, Pacheco, Parra, Pavley, Plescia, Reyes, Richman,
Ridley-Thomas, Runner, Salinas, Simitian, Spitzer, Steinberg,
Strickland, Vargas, Wesson, Wiggins, Wolk, and Yee.
Jan. 27, 2003                 ASSEMBLY JOURNAL                                   273
                        Request for Unanimous Consent
   Assembly Member Jackson was granted unanimous consent to take
up House Resolution No. 7, as amended, without reference to print
or file.
        Consideration of House Resolution No. 7, as Amended
  HOUSE RESOLUTION NO. 7—Relative to National Mentoring Month.
   Resolution read, as amended, and adopted.
                 REPORTS OF STANDING COMMITTEES
                       Committee on Appropriations
                                            Date of Hearing: January 27, 2003
 Mr. Speaker: Your Committee on Appropriations reports:
 Assembly Bill No. 38
With the recommendation: Do pass.
                                                      STEINBERG, Chairman
   Above bill ordered to second reading.
       ASSEMBLY BILL NO. 38 TAKEN UP BY UNANIMOUS CONSENT
                      FOR SECOND READING
   Assembly Member Chan was granted unanimous consent to take up
Assembly Bill No. 38 without reference to file, for the purpose of
reading the bill a second time.
   ASSEMBLY BILL NO. 38—An act relating to the West Fresno Elementary School
District, making an appropriation therefor, and declaring the urgency thereof, to take
effect immediately.
   Bill read second time.
274                           ASSEMBLY JOURNAL                         Jan. 27, 2003
 CONSIDERATION OF ASSEMBLY BILL NO. 38 BY UNANIMOUS CONSENT
  Assembly Member Reyes was granted unanimous consent to take up
Assembly Bill No. 38 without reference to file, for purpose of
consideration.
   ASSEMBLY BILL NO. 38 (Reyes)—An act relating to the West Fresno Elementary
School District, making an appropriation therefor, and declaring the urgency thereof, to
take effect immediately.
   Bill read third time.
                                  Urgency Clause
   Urgency clause read, and adopted by the following vote:
                                       AYES—74
Aghazarian           Dutton                Levine                Parra
Bates                Firebaugh             Lieber                Pavley
Benoit               Frommer               Liu                   Plescia
Berg                 Garcia                Longville             Reyes
Bermudez             Goldberg              Lowenthal             Richman
Bogh                 Hancock               Maldonado             Ridley-Thomas
Calderon             Harman                Matthews              Runner
Campbell             Haynes                Maze                  Salinas
Canciamilla          Horton, Shirley       McCarthy              Samuelian
Chan                 Houston               Montanez              Simitian
Chu                  Jackson               Mountjoy              Spitzer
Cogdill              Keene                 Mullin                Steinberg
Cohn                 Kehoe                 Nakanishi             Strickland
Corbett              Koretz                Nakano                Wiggins
Correa               La Malfa              Nation                Wolk
Cox                  La Suer               Negrete McLeod        Yee
Daucher              Laird                 Nunez                 Mr. Speaker
Diaz                 Leno                  Oropeza
Dutra                Leslie                Pacheco
                                       NOES—1
Dymally
   The question being on the passage of the bill.
   Bill passed by the following vote:
                                       AYES—74
Aghazarian           Dutton                Levine                Parra
Bates                Firebaugh             Lieber                Pavley
Benoit               Frommer               Liu                   Plescia
Berg                 Garcia                Longville             Reyes
Bermudez             Goldberg              Lowenthal             Richman
Bogh                 Hancock               Maldonado             Ridley-Thomas
Calderon             Harman                Matthews              Runner
Campbell             Haynes                Maze                  Salinas
Canciamilla          Horton, Shirley       McCarthy              Samuelian
Chan                 Houston               Montanez              Simitian
Chu                  Jackson               Mountjoy              Spitzer
Cogdill              Keene                 Mullin                Steinberg
Cohn                 Kehoe                 Nakanishi             Strickland
Corbett              Koretz                Nakano                Wiggins
Correa               La Malfa              Nation                Wolk
Cox                  La Suer               Negrete McLeod        Yee
Daucher              Laird                 Nunez                 Mr. Speaker
Diaz                 Leno                  Oropeza
Dutra                Leslie                Pacheco
                                       NOES—1
Dymally
   Bill ordered transmitted to the Senate immediately.
Jan. 27, 2003                 ASSEMBLY JOURNAL                                    275
                              ADJOURN IN MEMORY
   Assembly Member Chu was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Lloyd Monserratt, of Alhambra.
   Assembly Member Frommer was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Tamara Zarian Tassalian, of Glendale.
   Assembly Member Shirley Horton was granted unanimous consent
that when the Assembly adjourns on this day it do so out of respect to the
memory of Janeen Kerper, of San Diego.
   Assembly Member Reyes was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Elvira Quintanilla, of Portland, Oregon.
                  COMMITTEE MEETING ANNOUNCEMENTS
  Assembly Member Oropeza announced that the Committee on
Budget would meet today at 3 p.m.
                                    VOTE ADDS
   The following Assembly Members were granted unanimous consent
to record their votes on the following items (shown in sequential order):
   Assembly Bill No. 38, Urgency: Canciamilla and Mountjoy—Aye.
                              MOTION TO ADJOURN
  At 11:47 a.m., Assembly Member Bogh moved that the Assembly do
now adjourn.
  Assembly Member Chan seconded the motion.
  Motion carried.
           QUORUM CALL OF THE ASSEMBLY DISPENSED WITH
   At 11:49 a.m., Speaker pro Tempore Kehoe declared the quorum call
of the Assembly dispensed with.
                   INTRODUCTION AND FIRST READING OF
                            ASSEMBLY BILLS
   The following bills were introduced and read the first time:
   ASSEMBLY BILL NO. 179—Chan. An act to amend Sections 130120 and 130150
of the Health and Safety Code, relating to child development.
   ASSEMBLY BILL NO. 180—Shirley Horton and Wyland. An act to add Section
9103 to the Welfare and Institutions Code, relating to aging, and declaring the urgency
thereof, to take effect immediately.
   ASSEMBLY BILL NO. 181—Shirley Horton (Principal coauthor: Senator
Florez) (Coauthors: Benoit, Cox, Daucher, Dutton, Haynes, La Suer, Leslie,
Maldonado, Maze, Pacheco, Plescia, Runner, and Wyland) (Coauthors: Senators
Johnson and Soto). An act to add Section 290.15 to the Penal Code, relating to sex
offenders.
  ASSEMBLY BILL NO. 182—Harman. An act to amend Sections 681.030,
703.140, 704.010, 704.030, 704.040, 704.060, 704.080, 704.090, and 704.100 of, and to
add Section 703.150 to, the Code of Civil Procedure, and to amend Section 17409 of the
Welfare and Institutions Code, relating to exempt property.
 ASSEMBLY BILL NO. 183—Nation. An act to amend Section 14132 of the
Welfare and Institutions Code, relating to Medi-Cal.
  ASSEMBLY BILL NO. 184—Lowenthal. An act to amend Section 1808.21 of the
Vehicle Code, relating to vehicles.
276                            ASSEMBLY JOURNAL                         Jan. 27, 2003
  ASSEMBLY BILL NO. 185—Jerome Horton. An act to add Section 486 to the
Food and Agricultural Code, relating to cooperative agreements.
  ASSEMBLY BILL NO. 186—Correa. An act to amend Sections 4059, 4060, and
4061 of the Business and Professions Code, relating to optometrists.
  ASSEMBLY BILL NO. 187—Runner. An act to amend Sections 23536, 23538,
23540, 23542, 23546, 23548, 23550, 23550.5, 23554, 23552, 23556, 23560, 23562,
23566, and 23568 of, and to add Section 42012 to, the Vehicle Code, relating to vehicles.
  ASSEMBLY BILL NO. 188—Maze. An act to amend Sections 3020 and 3311 of,
and to add Section 3004.5 to, the Elections Code, and to add Section 12173 to the
Government Code, relating to absentee voters.
  ASSEMBLY BILL NO. 189—Cogdill. An act to add Section 6363.8 to the Revenue
and Taxation Code, relating to taxation, to take effect immediately, tax levy.
   ASSEMBLY BILL NO. 190—Negrete McLeod. An act to amend Section 87407 of
the Government Code, relating to the Political Reform Act of 1974.
  ASSEMBLY BILL NO. 191—Cogdill. An act to add Section 6203.5 to the Penal
Code, relating to conservation camps, and declaring the urgency thereof, to take effect
immediately.
  ASSEMBLY BILL NO. 192—Harman. An act to amend Section 56742 of the
Government Code, relating to local agency formation.
  ASSEMBLY BILL NO. 193—Cohn. An act relating to health care.
  ASSEMBLY BILL NO. 194—Lieber. An act to amend Section 16122 of the Welfare
and Institutions Code, relating to public social services.
   ASSEMBLY BILL NO. 195—Chan. An act to amend Sections 51890 and 51913 of
the Education Code, relating to health education.
   ASSEMBLY BILL NO. 196—Leno (Coauthors: Berg, Goldberg, Hancock,
Kehoe, Koretz, Laird, Lieber, and Longville). An act to amend Section 12926 of, and
to add Section 12949 to, the Government Code, relating to discrimination.
  ASSEMBLY BILL NO. 197—Strickland. An act to amend Section 12419.10 of the
Government Code, relating to offset payments.
  ASSEMBLY BILL NO. 198—Nation. An act to add Section 30807.5 to the Streets
and Highways Code, relating to streets and highways.
                                   RESOLUTIONS
   The following resolutions were offered:
  ASSEMBLY CONCURRENT RESOLUTION NO. 16—Nation. Relative to
nutrition.
  ASSEMBLY CONCURRENT RESOLUTION NO. 17—Cogdill. Relative to
highways.
  ASSEMBLY JOINT RESOLUTION NO. 4—Mountjoy. Relative to the National
Slave Memorial Act.
  HOUSE RESOLUTION NO. 13—Strickland. Relative to Ronald Reagan’s
Birthday.
 HOUSE RESOLUTION NO. 14—Firebaugh. Relative to California Museum
Month.
Jan. 27, 2003           ASSEMBLY JOURNAL                         277
                           ADJOURNMENT
   At 3 p.m., pursuant to the motion by Assembly Member Bogh, the
Assembly adjourned until 1:30 p.m., Tuesday, January 28, 2003, out of
respect to the memory of Lou Souza, on motion of Assembly Member
Aghazarian; out of respect to the memory of Nell Carter, on motion of
Assembly Member Goldberg; out of respect to the memory of
Lloyd Monserratt, on motion of Assembly Member Chu; out of respect
to the memory of Tamara Zarian Tassalian, on motion of Assembly
Member Frommer; out of respect to the memory of Janeen Kerper, on
motion of Assembly Member Shirley Horton; and out of respect to the
memory of Elvira Quintanilla, on motion of Assembly Member Reyes.


  HERB J. WESSON, JR., Speaker
                                  PAM CAVILEER, Minute Clerk
278                   ASSEMBLY JOURNAL              Jan. 27, 2003

        AMENDMENTS CONSIDERED BY THE
         ASSEMBLY ON JANUARY 27, 2003

The following measure was amended in the Assembly on this day:

                       AB    RN
                        38   0302644
                      Daily Total:        1
                  Cumulative Total:       11
Jan. 28, 2003                    ASSEMBLY JOURNAL                                          279

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                        Tuesday, January 28, 2003

                          SIXTEENTH SESSION DAY

                      FIFTY-EIGHTH CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
280                      ASSEMBLY JOURNAL               Jan. 28, 2003


              PROCEEDINGS OF THE ASSEMBLY

                            IN ASSEMBLY


                             Assembly Chamber, Sacramento
                                      Tuesday, January 28, 2003
  The Assembly met at 1:30 p.m.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Francesca Vega reading.
                               ROLL CALL
  The roll was called.
                     Quorum Call of the Assembly
  Assembly Member Shirley Horton moved a quorum call of the
Assembly.
  Motion carried. Time, 1:31 p.m.
  The Speaker pro Tempore directed the Sergeant at Arms to close the
doors, and to bring in the absent Members.
                            Quorum Present
  At 1:52 p.m., Speaker pro Tempore Kehoe declared a quorum of the
Assembly present.
  The roll call was completed, and the following answered to their
names—79:
Aghazarian       Dymally           Levine           Parra
Bates            Firebaugh         Lieber           Pavley
Benoit           Frommer           Liu              Plescia
Berg             Garcia            Longville        Reyes
Bermudez         Goldberg          Lowenthal        Richman
Bogh             Hancock           Maddox           Ridley-Thomas
Calderon         Harman            Maldonado        Runner
Canciamilla      Haynes            Matthews         Salinas
Chan             Horton, Jerome    Maze             Samuelian
Chavez           Horton, Shirley   McCarthy         Simitian
Chu              Houston           Montanez         Spitzer
Cogdill          Jackson           Mountjoy         Steinberg
Cohn             Keene             Mullin           Strickland
Corbett          Kehoe             Nakanishi        Vargas
Correa           Koretz            Nakano           Wiggins
Cox              La Malfa          Nation           Wolk
Daucher          La Suer           Negrete McLeod   Wyland
Diaz             Laird             Nunez            Yee
Dutra            Leno              Oropeza          Mr. Speaker
Dutton           Leslie            Pacheco
Jan. 28, 2003           ASSEMBLY JOURNAL                         281
                              PRAYER
   Upon invitation of Speaker pro Tempore Kehoe, the following prayer
was offered by Assembly Chaplain Rev. Constantine C. Pappademos:
   O Lord Our God, Grant that Your eyes may watch over us this day.
Spread the wings of Your grace to protect us and extend Your holy
hand to bless us. May Your Holy Spirit abide with us as we pray, to
inspire us with hope, to strengthen us in humility and to nurture us
in love.—AMEN.
                PLEDGE OF ALLEGIANCE TO THE FLAG
  Upon request of Speaker pro Tempore Kehoe, Assembly Member
Nakano then led the Assembly in the pledge of allegiance to the Flag.
       MOTION TO DISPENSE WITH READING OF THE JOURNAL
   Further reading of the Journal of the previous legislative day was
dispensed with on motion of Assembly Member Firebaugh, seconded
by Assembly Member Cogdill.
                 LEAVES OF ABSENCE FOR THE DAY
   By unanimous consent, the following Assembly Member was granted
leave of absence for the day:
   Because of a death in his family: Assembly Member Campbell.
                         COMMUNICATIONS
   The following communication was presented by the Speaker, and
ordered printed in the Journal:
                                                  January 27, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
   Dear Dotson: This is to advise you that I have appointed
Assemblymembers Judy Chu, Jackie Goldberg, Darrell Steinberg, Greg
Aghazarian and Mark Wyland to fill the vacancies on the Joint
Committee to Develop a Master Plan for Education—Kindergarten
through University. Also, please note that I have designated
Assemblymembers Jackie Goldberg and Carol Liu to serve as Co-Vice
Chairs of the Committee.
            Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
282                       ASSEMBLY JOURNAL                 Jan. 28, 2003
                                                    January 28, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Select Committee on Community Colleges for the
2003–04 Regular Session:
  Assemblymember Bonnie Garcia
  Assemblymember Jackie Goldberg
  Assemblymember Jerome Horton
  Assemblymember Christine Kehoe
  Assemblymember Paul Koretz
  Assemblymember John Laird
  Assemblymember Carol Liu
  Assemblymember Alan Nakanishi
  Assemblymember Robert Pacheco
  Assemblymember Steven Samuelian
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
                                REPORTS
  The following reports were presented by the Chief Clerk:
      Board of Vocational Nursing and Psychiatric Technicians Report
               (Pursuant to Business and Professions Code
               Division 2, Chapter 1, Article 11, Section 800)
  Above transmitted report, together with letter of transmittal from
Teresa Bello-Jones, J.D., M.S.N., R.N., Executive Officer, Board of
Vocational Nursing and Psychiatric Technicians, dated December 12,
2002, referred by the Speaker to the Committee on Business
and Professions.
                  Department of Consumer Affairs (draft)
                        2001–2002 Annual Report
         (Pursuant to Business and Professions Code Section 327)
  Above transmitted report, together with letter of transmittal from
Kathleen Hamilton, Director, Department of Consumer Affairs, dated
December 19, 2002, referred by the Speaker to the Committee on
Business and Professions.
             Annual Project Activity Report Concerning the
                       Renewable Energy Program,
                      for July 1, 2001–June 30, 2002
        (Pursuant to Supplemental Report of the 1999 Budget Act)
   Above transmitted report, together with letter of transmittal from
James D. Boyd, Commissioner and Associate Member Renewables
Committee, California Energy Commission, dated January 8, 2003,
referred by the Speaker to the Committee on Budget.
Jan. 28, 2003               ASSEMBLY JOURNAL                                 283
           Annual Disabled Veteran-Owned Business Enterprise
              Participation Report for Fiscal Year 2000–2001
            (Pursuant to Public Contract Code Section 10115.5)
  Above transmitted report, together with letter of transmittal from
D.O. Helmick, Commissioner, Department of California Highway
Patrol, dated December 30, 2002, referred by the Speaker to the
Committee on Utilities and Commerce.
       Race, Ethnicity, and Gender in Contracting and Procurement
           for the period January 1, 2002 through June 30, 2002
      (Pursuant to Assembly Bill 1084, Chapter 882, Statutes of 2001)
  Above transmitted report, together with letter of transmittal from
Edward S. Alameida, Jr., Director, Department of Corrections, dated
January 8, 2003, referred by the Speaker to the Committee on Business
and Professions.
                       Specific Information Relevant to
      State of California Salaries of Female-Dominated Classifications
                            December 2001 Report
              (Pursuant to Government Code Section 19827.2)
  Above transmitted report, together with letter of transmittal from
Bob Painter, Chief, Policy and Operations Division, Department of
Personnel Administration, dated January 15, 2003, referred by the
Speaker to the Committee on Labor and Employment.
              Summary of Federal Income Tax Changes—2002
          (Pursuant to Revenue and Taxation Code Section 19522)
  Above transmitted report, together with letter of transmittal from
Gerald H. Goldberg, Executive Officer, Franchise Tax Board, dated
January 22, 2003, referred by the Speaker to the Committee on Revenue
and Taxation.
             Quarterly Hazardous Waste Fee Revenue Report
                October 1, 2002 through December 31, 2002
           (Pursuant to Health and Safety Code Section 25178.1)
  Above transmitted report, together with letter of transmittal from
James E. Speed, Executive Director, Board of Equalization, dated
January 23, 2003, referred by the Speaker to the Committee on
Environmental Safety and Toxic Materials.
               ENGROSSMENT AND ENROLLMENT REPORTS
                                             Assembly Chamber, January 28, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Concurrent Resolution No. 13
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
  Above resolution ordered on file.
                  INTRODUCTION AND FIRST READING OF
                           ASSEMBLY BILLS
  The following bills were introduced and read the first time:
  ASSEMBLY BILL NO. 199—Oropeza (Principal coauthors: Senators Alarcon,
Romero, and Torlakson). An act to add Chapter 7 (commencing with Section 99560)
to Part 11 of Division 10 of the Public Utilities Code, relating to transit
employer-employee relations.
  ASSEMBLY BILL NO. 200—Richman. An act to add Sections 4474.2, 4474.3,
4474.35, 4474.4, 4474.5, 4474.6, 4474.7, 4474.8, and 4630.5 to the Welfare and
Institutions Code, relating to developmental centers.
284                           ASSEMBLY JOURNAL                         Jan. 28, 2003
  ASSEMBLY BILL NO. 201—Samuelian. An act to amend Section 12070 of the
Penal Code, relating to firearms.
   ASSEMBLY BILL NO. 202—Corbett. An act to add Chapter 6 (commencing with
Section 122320) to Part 6 of Division 105 of the Health and Safety Code, relating to
birds.
  ASSEMBLY BILL NO. 203—Lieber. An act to add Section 14079.6 to the Welfare
and Institutions Code, relating to Medi-Cal.
  ASSEMBLY BILL NO. 204—Nation. An act to amend Section 31164 of, and to add
Sections 31165, 31166, and 31167 to, the Public Resources Code, and to add Section
9250.20 to the Vehicle Code, relating to the State Coastal Conservancy.
  ASSEMBLY BILL NO. 205—Goldberg, Kehoe, Koretz, Laird, and Leno
(Principal Coauthor: Wesson) (Principal coauthor: Senator Kuehl) (Coauthors:
Chu, Hancock, Levine, Lieber, Longville, Lowenthal, Nation, Nunez, Oropeza,
Pavley, and Steinberg) (Coauthors: Senators Burton, Cedillo, and Vasconcellos).
An act to amend Sections 297, 298, and 298.5 of, to add Sections 299.1, 299.2, and
299.3 to, and to repeal and add Section 299 of, the Family Code, to amend Section
14771 of the Government Code, and to amend Section 18521 of the Revenue and
Taxation Code, relating to domestic partnerships.
  ASSEMBLY BILL NO. 206—Richman. An act to add Division 112 (commencing
with Section 130500) to the Health and Safety Code, relating to public health, and
making an appropriation therefor.
  ASSEMBLY BILL NO. 207—Maze. An act to add Section 594.37 to the Penal
Code, relating to vandalism.
  ASSEMBLY BILL NO. 208—Harman. An act to amend Section 56886 of the
Government Code, relating to local agency formation.
  ASSEMBLY BILL NO. 209—Leslie. An act to amend Section 54.3 of the Civil
Code, relating to disabled persons.
  ASSEMBLY BILL NO. 210—Nation (Coauthor: Koretz). An act to add Section
1365.95 to the Civil Code, and to add Article 4 (commencing with Section 118960) to
Chapter 4 of Part 15 of Division 104 of the Health and Safety Code, relating to tobacco.
                                   RESOLUTIONS
   The following resolutions were offered:
  ASSEMBLY CONCURRENT RESOLUTION NO. 18—Leno. Relative to Spay
Day USA 2003.
  ASSEMBLY JOINT RESOLUTION NO. 5—Parra (Principal coauthor:
Dutton) (Principal coauthor: Senator Machado). Relative to the Vietnam Veterans
Memorial Education Center.
                              ADJOURN IN MEMORY
  Assembly Member Samuelian was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of John Ferdinandi, of Fresno.
  (Assembly Rule 45.5 suspended.)
                                      RECESS
  By unanimous consent, at 2:01 p.m., Speaker pro Tempore Kehoe
declared the Assembly recessed.
                                   RECONVENED
  At 5:52 p.m., the Assembly reconvened.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
Jan. 28, 2003             ASSEMBLY JOURNAL                       285
                          ADJOURN IN MEMORY
  Assembly Member Haynes was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of his mother-in-law, Vada Davis, of Colorado Springs, CO.
 (Assembly Rule 45.5 suspended.)
                          ADJOURN IN MEMORY
  Assembly Member Houston was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Charles Boyce Last, of Brentwood.
                          MOTION TO ADJOURN
  At 5:58 p.m., Assembly Member Firebaugh moved that the Assembly
do now adjourn.
  Assembly Member Cox seconded the motion.
  Motion carried.
         QUORUM CALL OF THE ASSEMBLY DISPENSED WITH
   At 5:58 p.m., Speaker pro Tempore Kehoe declared the quorum call
of the Assembly dispensed with.
                             ADJOURNMENT
  At 5:58 p.m., pursuant to the motion by Assembly Member
Firebaugh, the Assembly adjourned until 7 a.m., Wednesday,
January 29, 2003, out of respect to the memory of John Ferdinandi,
on motion of Assembly Member Samuelian; out of respect to
Vada Davis, on motion of Assembly Member Haynes; and out of respect
to the memory of Charles Boyce Last on motion of Assembly
Member Houston.


  HERB J. WESSON, JR., Speaker
                                   PAM CAVILEER, Minute Clerk
Jan. 29, 2003                    ASSEMBLY JOURNAL                                          287

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                     Wednesday, January 29, 2003

                       SEVENTEENTH SESSION DAY

                       FIFTY-NINTH CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
288                       ASSEMBLY JOURNAL                  Jan. 29, 2003


              PROCEEDINGS OF THE ASSEMBLY

                             IN ASSEMBLY


                                    Assembly Chamber, Sacramento
                                        Wednesday, January 29, 2003
  The Assembly met at 7 a.m.
  Hon. Barbara Matthews, Assembly Member, 17th District,
presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Francesca Vega reading.
                                ROLL CALL
  The following were placed upon the morning roll call—75:
Aghazarian        Dymally             Levine            Parra
Bates             Firebaugh           Lieber            Pavley
Benoit            Frommer             Liu               Plescia
Berg              Garcia              Longville         Reyes
Bermudez          Goldberg            Lowenthal         Richman
Bogh              Hancock             Maddox            Ridley-Thomas
Calderon          Harman              Maldonado         Runner
Campbell          Haynes              Matthews          Salinas
Canciamilla       Horton, Shirley     Maze              Samuelian
Chavez            Houston             McCarthy          Spitzer
Chu               Jackson             Montanez          Steinberg
Cogdill           Keene               Mountjoy          Strickland
Cohn              Kehoe               Mullin            Vargas
Correa            Koretz              Nakanishi         Wiggins
Cox               La Malfa            Nakano            Wolk
Daucher           La Suer             Negrete McLeod    Wyland
Diaz              Laird               Nunez             Yee
Dutra             Leno                Oropeza           Mr. Speaker
Dutton            Leslie              Pacheco
  Quorum present.
At 2:03 p.m., Speaker pro Tempore Christine Kehoe, 76th District, presiding
                 REGULAR BUSINESS DISPENSED WITH
  By unanimous consent, the regular order of business of the Assembly
was dispensed with for this legislative day.
                  LEAVES OF ABSENCE FOR THE DAY
  By unanimous consent, the following Assembly Members were
granted leaves of absence for the day:
  On legislative business: Assembly Members Corbett and Simitian.
  On personal business, and waiving per diem: Assembly
Member Nation.
  Because of illness: Assembly Members Chan and Jerome E. Horton.
Jan. 29, 2003           ASSEMBLY JOURNAL                         289
                    EXPLANATIONS OF ABSENCE
   Pursuant to the Assembly Rules, the following explanations of
absence were ordered printed in the Journal:
                                                    January 28, 2003
The Honorable Herb Wesson
  Speaker of the Assembly
    State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker: I would like to request permission to be excused
from check-in session on Wednesday, January 29, 2003. I have District
business to attend to.
   Thank you for your consideration in this matter. If you have any
questions or concerns, please feel free to call me at (916) 319-2018.
             Sincerely,
                        ELLEN M. CORBETT, Assembly Member
                        Eighteenth District
                                                    January 29, 2003
The Honorable Herb J. Wesson, Jr.
  Speaker of the Assembly
    State Capitol, Room 219
      Sacramento, California
  Dear Speaker Wesson,
  This is a request to be excused from Check-In Session on Wednesday,
January 29, 2003. I have legislative business in the district.
  Thank you for your consideration of this request.
             Sincerely,
                          S. JOSEPH SIMITIAN, Assembly Member
                          Twenty-first District
                         COMMUNICATIONS
  The following communications were presented by the Speaker, and
ordered printed in the Journal:
                                                  January 29, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed
Assemblymember Alan Lowenthal to replace Assemblymember Wilma
Chan on the Assembly Aging and Long-Term Care Committee.
            Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
290                    ASSEMBLY JOURNAL               Jan. 29, 2003
                                                  January 29, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
     State Capitol, Room 3196
       Sacramento, California
   Dear Dotson: Please be advised that I have appointed
Assemblymember Sally Lieber to the Assembly Health Committee,
increasing the size of the committee from 24 to 25 members.
             Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
                                                January 29, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
   Dear Dotson: This is to advise you that I have removed
Assemblymembers Joe Simitian and Tom Harman from the Assembly
Local Government Committee, reducing the size of the committee
from 11 to 9 members.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                January 29, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
   Dear Dotson: Please be advised that I have appointed
Assemblymember Wilma Chan to the Assembly Transportation
Committee, increasing the size of the committee from 19
to 20 members.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                 January 29, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed
Assemblymember Patricia Wiggins to fill the vacancy on the Assembly
Veterans Affairs Committee. I have also appointed Assemblymembers
Simon Salinas and Todd Spitzer to the committee, increasing the
membership from 12 to 14.
            Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
Jan. 29, 2003            ASSEMBLY JOURNAL                           291
                                                January 29, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have created the Select
Committee on Small Business for the 2003–04 Regular Session and
have appointed Assemblymember Dario Frommer as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                   January 29, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed the following
members to the Select Committee on the Urban Child:
  Assemblymember Russ Bogh
  Assemblymember Lynn Daucher
  Assemblymember Loni Hancock
  Assemblymember John Longville
  Assemblymember Abel Maldonado
  Assemblymember Bill Maze
  Assemblymember Fabian Nunez
  Assemblymember Sarah Reyes
  Assemblymember Mark Ridley-Thomas
  Assemblymember Juan Vargas
  Assemblymember Patricia Wiggins
  Assemblymember Leland Yee
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
292                           ASSEMBLY JOURNAL                       Jan. 29, 2003
  The following communication was presented by the Chief Clerk, and
ordered printed in the Journal:
                                               January 29, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
Greg Schmidt
  Secretary of the Senate
    State Capitol, Room 400
      Sacramento, California
  Dear Mr. Wilson and Mr. Schmidt: Please be advised that the
Assembly and Senate contingents of the Joint Committee on Fisheries
and Aquaculture were polled, respectively, on January 28, 2003, and
approved the following item:
  Selection of Assemblymember Patty Berg as Chair, and Senator
Dede Alpert as Vice Chair, of the Joint Committee on Fisheries
and Aquaculture.
  Please ensure that this action is printed in the Journal.
            Sincerely,
               PATTY BERG
               Chair, Joint Committee on Fisheries and Aquaculture
                       SPECIAL COMMITTEE MEETINGS
   By unanimous consent, the following committees were permitted
to meet:
   Joint Committee to Develop a Master Plan for Education, on
Tuesday, February 4, 2003, at 10 a.m.;
   Public Safety, on Wednesday, February 5, 2003, at 1:30 p.m.
                   INTRODUCTION AND FIRST READING OF
                            ASSEMBLY BILLS
   The following bills were introduced and read the first time:
  ASSEMBLY BILL NO. 211—Maze. An act to amend Sections 218 and 275 of the
Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.
  ASSEMBLY BILL NO. 212—Maze. An act to amend Sections 52122, 52123,
52124, 52124.5, and 52126 of the Education Code, relating to class size.
  ASSEMBLY BILL NO. 213—Leslie. An act to add Section 11713.65 to the Vehicle
Code, relating to vehicle dealers.
  ASSEMBLY BILL NO. 214—Shirley Horton. An act to add Section 1051 to the
Military and Veterans Code, and to add and repeal Article 11.5 (commencing with
Section 18826) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation
Code, relating to taxation.
  ASSEMBLY BILL NO. 215—Leslie. An act to amend Section 530.5 of the Penal
Code, relating to identity theft.
  ASSEMBLY BILL NO. 216—Chan. An act to add Article 6 (commencing with
Section 23500) to Chapter 3 of Division 9 of the Business and Professions Code, and to
add Chapter 4.5 (commencing with Section 11759.7) to Part 1 of Division 10.5 of the
Health and Safety Code, relating to alcohol recovery and prevention.
  ASSEMBLY BILL NO. 217—Cohn. An act to amend Section 17076.10 of the
Education Code, relating to school facilities.
Jan. 29, 2003                   ASSEMBLY JOURNAL                                       293
  ASSEMBLY BILL NO. 218—Simitian. An act to amend Section 65582 of the
Government Code, relating to local planning.
  ASSEMBLY BILL NO. 219—Reyes. An act to amend Section 39001 of the Health
and Safety Code, relating to air quality.
  ASSEMBLY BILL NO. 220—Leslie. An act to amend Sections 45102 and 45256 of,
and to add Section 45127.5, to the Education Code, relating to school employees.
   ASSEMBLY BILL NO. 221—Koretz (Principal coauthor: Senator Dunn)
(Coauthors: Chu, Hancock, Lieber, Maldonado, Nation, and Vargas) (Coauthor:
Senator Kuehl). An act to amend Sections 17537.3, 22952, 22956, 22958, and 22963
of, and to add Section 22964 to, the Business and Professions Code, and to amend
Section 308 of the Penal Code, relating to tobacco.
   ASSEMBLY BILL NO. 222—Corbett. An act to add Chapter 12.5 (commencing
with Section 20020) to Part 11 of the Education Code, relating to financing a public
library construction and renovation program, making an appropriation therefor, and by
providing the funds necessary therefor through an election for, and the issuance and sale
of, bonds of the State of California, and by providing for the handling and disposition
of those funds, and declaring the urgency thereof, to take effect immediately.
  ASSEMBLY BILL NO. 223—Diaz. An act to amend Section 98.2 of the Labor
Code, relating to employment.
  ASSEMBLY BILL NO. 224—Kehoe and Cohn (Coauthors: Harman, Levine,
Wiggins, and Yee) (Coauthors: Senator Soto). An act to add Title 1.3D (commencing
with Section 1748.35) to Part 4 of Division 3 of the Civil Code, relating to identification.
  ASSEMBLY BILL NO. 225—Frommer. An act to add Section 17280.7 to the
Education Code, relating to school facilities.
  ASSEMBLY BILL NO. 226—Vargas and Koretz. An act to amend Section
10110.1 of, and to add Section 10110.4 to, the Insurance Code, relating to life insurance.
  ASSEMBLY BILL NO. 227—Vargas. An act to add Section 1861.17 to the
Insurance Code, relating to credit information.
  ASSEMBLY BILL NO. 228—Leslie. An act to amend Sections 52122, 52123,
52124, 52124.5, and 52126 of the Education Code, relating to class size.
                             AUTHOR’S AMENDMENTS
                             Committee on Public Safety
                                                              January 29, 2003
  Mr. Speaker: The Chair of your Committee on Public Safety reports:
  Assembly Bill No. 2
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                              LENO, Chairman
  ASSEMBLY BILL NO. 2—An act to add Section 3043.6 to the Penal Code, and to
add Section 1767.9 to the Welfare and Institutions Code, relating to victims.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
                             AUTHOR’S AMENDMENTS
                               Committee on Health
                                                              January 29, 2003
  Mr. Speaker: The Chair of your Committee on Health reports:
  Assembly Bill No. 23
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                        FROMMER, Chairman
294                         ASSEMBLY JOURNAL                      Jan. 29, 2003
  ASSEMBLY BILL NO. 23—An act to add Section 139 to the Health and Safety
Code, relating to breast cancer.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
                  REPORTS OF STANDING COMMITTEES
 Committee on Arts, Entertainment, Sports, Tourism, and Internet Media
                                             Date of Hearing: January 28, 2003
 Mr. Speaker: Your Committee on Arts, Entertainment, Sports, Tourism, and Internet
Media reports:
 Assembly Concurrent Resolution No. 3
With the recommendation: Be adopted.
                                                          COHN, Chairwoman
  Above resolution ordered to third reading.
                                             Date of Hearing: January 28, 2003
 Mr. Speaker: Your Committee on Arts, Entertainment, Sports, Tourism, and Internet
Media reports:
 House Resolution No. 5
With the recommendation: Be adopted.
                                                          COHN, Chairwoman
  Above resolution ordered to third reading.
                                ADJOURNMENT
  At 3 p.m., the Assembly adjourned until 8:30 a.m., Thursday,
January 30, 2003.


  HERB J. WESSON, JR., Speaker
                                         PAM CAVILEER, Minute Clerk
Jan. 29, 2003         ASSEMBLY JOURNAL                        295

         AMENDMENTS CONSIDERED BY THE
          ASSEMBLY ON JANUARY 29, 2003

The following measures were amended in the Assembly on this day:

                       AB    RN
                         2   0301372
                        23   0301276
                      Daily Total:         2
                  Cumulative Total:        13
Jan. 30, 2003                    ASSEMBLY JOURNAL                                          297

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                       Thursday, January 30, 2003

                        EIGHTEENTH SESSION DAY

                          SIXTIETH CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
298                      ASSEMBLY JOURNAL               Jan. 30, 2003


              PROCEEDINGS OF THE ASSEMBLY

                            IN ASSEMBLY


                              Assembly Chamber, Sacramento
                                     Thursday, January 30, 2003
  The Assembly met at 8:30 a.m.
  Hon. Leland Yee, Assistant Speaker pro Tempore of the Assembly,
presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Francesca Vega reading.
                               ROLL CALL
  The roll was called.
                     Quorum Call of the Assembly
   Assembly Member Laird moved a quorum call of the Assembly.
   Motion carried. Time, 8:31 a.m.
   The Assistant Speaker pro Tempore directed the Sergeant at Arms to
close the doors, and to bring in the absent Members.
                            Quorum Present
   At 8:33 a.m., Assistant Speaker pro Tempore Yee declared a quorum
of the Assembly present.
   The roll call was completed, and the following answered to their
names—77:
Aghazarian       Dymally           Lieber           Pavley
Bates            Firebaugh         Liu              Plescia
Benoit           Frommer           Longville        Reyes
Berg             Garcia            Lowenthal        Richman
Bermudez         Goldberg          Maddox           Ridley-Thomas
Bogh             Hancock           Maldonado        Runner
Campbell         Harman            Matthews         Samuelian
Canciamilla      Haynes            Maze             Simitian
Chan             Horton, Shirley   McCarthy         Spitzer
Chavez           Houston           Montanez         Steinberg
Chu              Jackson           Mountjoy         Strickland
Cogdill          Keene             Mullin           Vargas
Cohn             Kehoe             Nakanishi        Wiggins
Corbett          Koretz            Nakano           Wolk
Correa           La Malfa          Nation           Wyland
Cox              La Suer           Negrete McLeod   Yee
Daucher          Laird             Nunez            Mr. Speaker
Diaz             Leno              Oropeza
Dutra            Leslie            Pacheco
Dutton           Levine            Parra
Jan. 30, 2003            ASSEMBLY JOURNAL                            299
                                PRAYER
   Upon invitation of Assistant Speaker pro Tempore Yee, the following
prayer was offered by Assembly Chaplain Rev. Constantine C.
Pappademos:
   Lord, Give us patience and steadfastness in adversity; strengthen our
weakness; comfort us in trouble and distress. When we do face the
difficult moments in our lives, give us a willing and cheerful mind, that
we may gladly suffer and bear all things for Your sake.—AMEN.
                PLEDGE OF ALLEGIANCE TO THE FLAG
   Upon request of Assistant Speaker pro Tempore Yee, Assembly
Member Nakano then led the Assembly in the pledge of allegiance to
the Flag.
        MOTION TO DISPENSE WITH READING OF THE JOURNAL
   Further reading of the Journal of the previous legislative day was
dispensed with on motion of Assembly Member Firebaugh, seconded
by Assembly Member Cogdill.
                  LEAVES OF ABSENCE FOR THE DAY
  By unanimous consent, the following Assembly Members were
granted leaves of absence for the day:
  On legislative business: Assembly Members Calderon and Salinas.
  Because of illness: Assembly Member Jerome E. Horton.
                     EXPLANATIONS OF ABSENCE
   Pursuant to the Assembly Rules, the following explanations of
absence were ordered printed in the Journal:
                                                    January 29, 2003
The Honorable Herb J. Wesson, Jr.
  Speaker of the Assembly
     State Capitol
        Sacramento, California
   Dear Mr. Speaker: I am writing today to request to be excused from
Session, Thursday, January 30, 2003 to attend legislative business in my
district office. If you have any questions please contact Tiffany
Morrison at (916) 319-2058.
             Sincerely,
                     RONALD S. CALDERON, Assembly Member
                     Fifty-eighth District
                                                    January 24, 2003
The Honorable Herb J. Wesson, Jr., Speaker
  California State Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Speaker Wesson: I respectfully request to be excused from Floor
Session on Thursday, January 30, 2003. I will be in my district attending
to legislative business that cannot be rescheduled. Please feel free to
contact Emilee Ford in my Capitol Office regarding this request.
             Sincerely,
                              SIMÓN SALINAS, Assembly Member
                              Twenty-eight District
300                    ASSEMBLY JOURNAL               Jan. 30, 2003
                        COMMUNICATIONS
  The following communications were presented by the Speaker, and
ordered printed in the Journal:
                                                  January 30, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have created the Select
Committee on California Infrastructure for the 2003–04 Regular
Session and have appointed Assemblymember Lloyd Levine as
the Chair.
            Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
                                                 January 30, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have created the Select
Committee on California’s Nursing Shortage for the 2003–04 Regular
Session and have appointed Assemblymember Paul Koretz as the Chair.
            Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
                                                January 30, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed
Assemblymember John Longville to the Select Committee on
Community Colleges.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                January 30, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
     State Capitol, Room 3196
       Sacramento, California
   Dear Dotson: Please be advised that I have created the Select
Committee on Gang Violence and Juvenile Crimes for the 2003–04
Regular Session and have appointed Assemblymember Jerome Horton
as the Chair.
             Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
Jan. 30, 2003               ASSEMBLY JOURNAL                                 301
                                                 January 30, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
   Dear Dotson: Please be advised that I have created the Select
Committee on High School and Collegiate Athletics for the 2003–04
Regular Session and have appointed Assemblymember Lloyd Levine as
the Chair.
            Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
                      REQUEST FOR PHOTOGRAPHER
  Assembly Member Liu was granted unanimous consent that a
photographer be permitted on the Floor of the Assembly.
               ENGROSSMENT AND ENROLLMENT REPORTS
                                             Assembly Chamber, January 30, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Bill No. 2
  Assembly Bill No. 23
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
  Above bills re-referred to committee.
                                             Assembly Chamber, January 30, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Concurrent Resolution No. 3
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
  Above resolution ordered on file.
                      SPECIAL COMMITTEE MEETINGS
   By unanimous consent, the following committees were permitted
to meet:
   Natural Resources, to convene Jointly with Environmental Safety
and Toxic Materials on Monday, February 10, 2003, in Thousand Oaks;
   Health, Environmental Safety and Toxic Materials, and the Select
Committee on California Children’s School Readiness and Health, to
convene Jointly on February 19, 2003, at 9 a.m., in Room 4202;
   Select Committee on California Children’s School Readiness and
Health, on Friday, March 14, 2003, at 10 a.m., in Livermore.
                  INTRODUCTION AND FIRST READING OF
                           ASSEMBLY BILLS
  The following bills were introduced and read the first time:
  ASSEMBLY BILL NO. 229—Pacheco. An act to amend Section 20111 of the
Public Contract Code, relating to school district contracts.
   ASSEMBLY BILL NO. 230—Leno. An act to add Section 3057.3 to the Penal Code,
relating to paroles.
   ASSEMBLY BILL NO. 231—Steinberg. An act to amend Section 11155 of, to add
Sections 18901.6, 18901.9, and 18901,10 to, and to repeal Chapter 4.6 (commencing
with Section 10830) of Part 2 of Division 9 of, the Welfare and Institutions Code,
relating to public social services.
302                          ASSEMBLY JOURNAL                       Jan. 30, 2003
   ASSEMBLY BILL NO. 232—Chan. An act to add Article 3 (commencing with
Section 127400) to Chapter 2 of Part 2 of Division 107 of the Health and Safety Code,
relating to hospitals.
   ASSEMBLY BILL NO. 233—Cogdill. An act to amend Section 11379.7 of the
Health and Safety Code, and to amend Sections 666.7 and 11160 of the Penal Code,
relating to controlled substances.
   ASSEMBLY BILL NO. 234—Corbett. An act to amend Sections 17276 and 24416
of, and to add Sections 17276.8 and 24416.8 to, the Revenue and Taxation Code,
relating to taxation, to take effect immediately, tax levy.
  ASSEMBLY BILL NO. 235—Cogdill (Coauthors: Benoit, Dutton, Maze,
Pacheco, Plescia, and Runner). An act relating to school transportation.
  ASSEMBLY BILL NO. 236—Bermudez. An act to add Section 2076 to the
Business and Professions Code, relating to medicine.
  ASSEMBLY BILL NO. 237—Bermudez. An act to amend Section 1253.3 of the
Unemployment Insurance Code, relating to unemployment compensation benefits, and
making an appropriation therefor.
  ASSEMBLY BILL NO. 238—Oropeza. An act relating to parks and resources.
  ASSEMBLY BILL NO. 239—Bates. An act to add Section 667.95 to the Penal
Code, relating to identity theft.
  ASSEMBLY BILL NO. 240—Reyes. An act to add Section 43021.5 to the Public
Resources Code, relating to solid waste.
  ASSEMBLY BILL NO. 241—Pacheco. An act to amend Section 27388 of the
Government Code, relating to law enforcement.
   ASSEMBLY BILL NO. 242—Liu (Principal coauthor: Senator Alpert). An act to
add Sections 44225.1, 44227.8, 44304, 44308.5, 44830.4, and 45062 to, and to add
Chapter 1.5 (commencing with Section 99050) to Part 65 of, the Education Code, and
to amend Section 3543.2 of, and to add Section 3543.9 to, the Government Code,
relating to teachers.
                           AUTHOR’S AMENDMENTS
                            Committee on Judiciary
                                                               January 30, 2003
  Mr. Speaker: The Chair of your Committee on Judiciary reports:
  Assembly Bill No. 29
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                       CORBETT, Chairwoman
   ASSEMBLY BILL NO. 29—An act to add Section 6302.5 to the Family Code,
relating to protective orders.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
                           AUTHOR’S AMENDMENTS
                             Committee on Rules
                                                             January 30, 2003
  Mr. Speaker: The Chair of your Committee on Rules reports:
  Assembly Concurrent Resolution No. 14
With author’s amendments with the recommendation: Amend, and re-refer to
the committee.
                                                           NATION, Chairman
Jan. 30, 2003           ASSEMBLY JOURNAL                          303
  ASSEMBLY CONCURRENT RESOLUTION NO. 14—Relative to a Day of
Remembrance.
  Resolution read; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; resolution ordered reprinted, and to
be re-referred to the committee.
                REFERENCE OF BILLS TO COMMITTEE
   Pursuant to the Assembly Rules, the following bills were referred
to committee:
  Assembly
    Bill No.                         Committee
       76 – – – – – – – – – – – – Jud. and L. & E.
     117 – – – – – – – – – – – – Trans.
     155 – – – – – – – – – – – – Pub. S.
     156 – – – – – – – – – – – – Higher Ed.
     157 – – – – – – – – – – – – L. Gov.
     158 – – – – – – – – – – – – Pub. S.
     159 – – – – – – – – – – – – Jud.
     160 – – – – – – – – – – – – Rev. & Tax.
     161 – – – – – – – – – – – – Pub. S.
     163 – – – – – – – – – – – – Ed.
     164 – – – – – – – – – – – – Ed.
     165 – – – – – – – – – – – – Ed.
     167 – – – – – – – – – – – – Jud.
     168 – – – – – – – – – – – – Pub. S.
     169 – – – – – – – – – – – – B. & F.
     170 – – – – – – – – – – – – B. & P.
     172 – – – – – – – – – – – – L. Gov.
     173 – – – – – – – – – – – – G.O.
     174 – – – – – – – – – – – – Higher Ed.
     175 – – – – – – – – – – – – Health
     176 – – – – – – – – – – – – V.A.
     177 – – – – – – – – – – – – E.,R. & C.A.
Assembly Concurrent
   Resolution No.                    Committee
         8 – – – – – – – – – – – – Higher Ed.
       15 – – – – – – – – – – – – Rls.
Assembly Joint
Resolution No.                       Committee
         3 – – – – – – – – – – – – Higher Ed.
    House
Resolution No.                       Committee
       11 – – – – – – – – – – – – Rls.
304                        ASSEMBLY JOURNAL                  Jan. 30, 2003
                CONSIDERATION OF DAILY FILE
             THIRD READING OF ASSEMBLY BILLS
  HOUSE RESOLUTION NO. 10 (Liu)—Relative to Lunar New Year Celebration.
  Resolution read.
                        Members Made Coauthors of
                         House Resolution No. 10
   Assembly Member Liu was granted unanimous consent to open the
roll for the purpose of permitting Members to add as coauthors of House
Resolution No. 10.
                                  Roll Call
  The following Assembly Members indicated a desire to
become coauthors:
  Aghazarian, Bates, Benoit, Berg, Bermudez, Bogh, Campbell,
Canciamilla, Chavez, Cogdill, Corbett, Correa, Cox, Daucher, Diaz,
Dutra, Dutton, Dymally, Firebaugh, Frommer, Garcia, Goldberg,
Hancock, Harman, Houston, Jackson, Keene, Kehoe, La Malfa,
La Suer, Laird, Leno, Leslie, Levine, Lieber, Longville, Lowenthal,
Maldonado, Matthews, Maze, McCarthy, Montanez, Mountjoy, Mullin,
Nation, Negrete McLeod, Nunez, Oropeza, Pacheco, Parra, Pavley,
Plescia, Reyes, Richman, Ridley-Thomas, Runner, Samuelian,
Simitian, Spitzer, Steinberg, Strickland, Vargas, Wesson, Wolk,
and Wyland.
                      Request for Unanimous Consent
  Assembly Member Liu was granted unanimous consent to take up
House Resolution No. 10, as amended, without reference to print or file.
       Consideration of House Resolution No. 10, as Amended
  HOUSE RESOLUTION NO. 10—Relative to Lunar New Year Celebration.
  Resolution read, as amended, and adopted.
                 RECESS FOR SPECIAL OBSERVANCE OF
                         CHINESE NEW YEAR
   At 8:42 a.m., Assistant Speaker pro Tempore Yee declared the
Assembly recessed for a special ceremony.
   Assembly Members Liu, Chan, Goldberg, Nakano, and Chu offered
remarks in observance of Chinese New Year. Assembly Member Chu
then invited the Lee-Jet-Don Lion Dancers of Sacramento, to perform
for the Members of the Assembly.
                               RECONVENED
  At 9 a.m., the Assembly reconvened.
  Hon. Leland Yee, Assistant Speaker pro Tempore of the Assembly,
presiding.
      At 9:01 a.m., Speaker pro Tempore Kehoe, 76th District, presiding
                                  RECESS
  By unanimous consent, at 9:01 a.m., Speaker pro Tempore Kehoe
declared the Assembly recessed.
                               RECONVENED
  At 9:25 a.m., the Assembly reconvened.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
Jan. 30, 2003                 ASSEMBLY JOURNAL                                    305
                                ANNOUNCEMENTS
  Speaker pro Tempore Kehoe announced the following session
schedule:
  Monday, February 3, Floor Session, 11 a.m.;
  Tuesday, February 4–Thursday, February 6, Check-in Session,
7 a.m., and Floor Session upon Call of Speaker;
  Friday, February 7, Floor Session, 8:30 a.m.;
  Tuesday, February 11, Floor Session, 11 a.m.
                              ADJOURN IN MEMORY
   Assembly Member Cox was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Sue E. Case, of Sacramento.
   Assembly Member Frommer was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Anthony ‘‘Tony’’ Madrid, of Stockton.
   Assembly Member Shirley Horton was granted unanimous consent
that when the Assembly adjourns on this day it do so out of respect to the
memory of Evelyn Trout, of Lemon Grove.
   Assembly Member Maldonado was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Maria Arredondo, of Santa Maria.
                              MOTION TO ADJOURN
  At 9:26 a.m., Assembly Member Cohn moved that the Assembly do
now adjourn.
  Assembly Member Cox seconded the motion.
  Motion carried.
           QUORUM CALL OF THE ASSEMBLY DISPENSED WITH
   At 9:26 a.m., Speaker pro Tempore Kehoe declared the quorum call
of the Assembly dispensed with.
                       MESSAGES FROM THE SENATE
                                              Senate Chamber, January 30, 2003
  Mr. Speaker: I am directed to inform your honorable body that the Senate on this
day passed:
  Senate Bill No. 22
                                GREGORY P. SCHMIDT, Secretary of the Senate
                                By John W. Rovane, Assistant Secretary
                       FIRST READING OF SENATE BILLS
   The following bill was read the first time:
  SENATE BILL NO. 22—An act to repeal Sections 5 and 8 of Chapter 1154 of the
Statutes of 2002, relating to mining, and declaring the urgency thereof, to take effect
immediately.
306                    ASSEMBLY JOURNAL              Jan. 30, 2003
                         ADJOURNMENT
   At 3 p.m., pursuant to the motion by Assembly Member Cohn, the
Assembly adjourned until 11 a.m., Monday, February 3, 2003, out of
respect to the memory of Sue E. Case, on motion of Assembly Member
Cox; out of respect to the memory of Maria Arredondo, on motion
of Assembly Member Maldonado; out of respect to the memory of
Evelyn Trout, on motion of Assembly Member Shirley Horton; and out
of respect to the memory of Anthony ‘‘Tony’’ Madrid, on motion of
Assembly Member Frommer.


  HERB J. WESSON, JR., Speaker
                                 PAM CAVILEER, Minute Clerk
Jan. 30, 2003         ASSEMBLY JOURNAL                        307

         AMENDMENTS CONSIDERED BY THE
          ASSEMBLY ON JANUARY 30, 2003

The following measures were amended in the Assembly on this day:

                       AB RN
                        29 0306838

                      ACR RN
                        14 0306706
                      Daily Total:         2
                  Cumulative Total:        16
Feb. 3, 2003                     ASSEMBLY JOURNAL                                          309

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                         Monday, February 3, 2003

                         NINETEENTH SESSION DAY

                     SIXTY-FOURTH CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
310                      ASSEMBLY JOURNAL                Feb. 3, 2003


              PROCEEDINGS OF THE ASSEMBLY

                            IN ASSEMBLY


                             Assembly Chamber, Sacramento
                                      Monday, February 3, 2003
  The Assembly met at 11 a.m.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Francesca Vega reading.
                               ROLL CALL
  The roll was called.
                     Quorum Call of the Assembly
  Assembly Member Cox moved a quorum call of the Assembly.
  Motion carried. Time, 11:01 a.m.
  The Speaker pro Tempore directed the Sergeant at Arms to close the
doors, and to bring in the absent Members.
                            Quorum Present
  At 11:10 a.m., Speaker pro Tempore Kehoe declared a quorum of the
Assembly present.
  The roll call was completed, and the following answered to their
names—79:
Aghazarian       Dutton            Levine           Parra
Bates            Dymally           Lieber           Pavley
Benoit           Firebaugh         Liu              Plescia
Berg             Frommer           Longville        Reyes
Bermudez         Garcia            Lowenthal        Richman
Bogh             Goldberg          Maddox           Ridley-Thomas
Calderon         Hancock           Maldonado        Runner
Campbell         Harman            Matthews         Salinas
Canciamilla      Horton, Jerome    Maze             Samuelian
Chan             Horton, Shirley   McCarthy         Simitian
Chavez           Houston           Montanez         Spitzer
Chu              Jackson           Mountjoy         Steinberg
Cogdill          Keene             Mullin           Strickland
Cohn             Kehoe             Nakanishi        Vargas
Corbett          Koretz            Nakano           Wiggins
Correa           La Malfa          Nation           Wolk
Cox              La Suer           Negrete McLeod   Wyland
Daucher          Laird             Nunez            Yee
Diaz             Leno              Oropeza          Mr. Speaker
Dutra            Leslie            Pacheco
Feb. 3, 2003             ASSEMBLY JOURNAL                            311
                                PRAYER
   Upon invitation of Speaker pro Tempore Kehoe, the following prayer
was offered by Assembly Chaplain Rev. Constantine C. Pappademos:
   Merciful God, As we gather this day, we pause to remember the
astronauts aboard the Space Shuttle Columbia who died tragically two
days ago as they were making their return from a 16-day science
mission in space. As people of faith, love and hope, we remember these
crew members who were a magnificent mosaic of humanity and who
heroically exemplified our ability to strive for achievement and progress
for all the people of this planet.
   Also on this day and in the days to come, we pray for our President
and our national leaders; and we ask You, Lord, to grant them wisdom
and strength as they address the needs that follow this national tragedy.
Those who serve our country and our communities are exposed to grave
danger each day as they serve. Lord, keep us mindful of their offering
and their sacrifice.
   May Your heavenly grace, O God, protect all of us and may Your
presence bring us comfort and peace.—AMEN.
                PLEDGE OF ALLEGIANCE TO THE FLAG
   Upon request of Speaker pro Tempore Kehoe, Assembly Member
Ridley-Thomas then led the Assembly in the pledge of allegiance to
the Flag.
        MOTION TO DISPENSE WITH READING OF THE JOURNAL
   Further reading of the Journal of the previous legislative day was
dispensed with on motion of Assembly Member Firebaugh, seconded
by Assembly Member Cogdill.
                  LEAVES OF ABSENCE FOR THE DAY
   By unanimous consent, the following Assembly Member was granted
leave of absence for the day:
   Because of a death in his family: Assembly Member Haynes.
                           COMMUNICATIONS
  The following communications were presented by the Speaker, and
ordered printed in the Journal:
                                                  January 27, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I have appointed
Assemblymember John Longville to fill the vacancy on the Assembly
Public Safety Committee.
            Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
312                     ASSEMBLY JOURNAL                 Feb. 3, 2003
                                                  January 27, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:    Appointment of Barbara Lockert, Cecelia Mansfield
         and Harold Boyd, Jr.
         to No Child Left Behind Liaison Team
   Dear Mr. Wilson: Please be advised I have appointed Ms. Barbara
Lockert, Ms. Cecelia Mansfield and Mr. Harold Boyd, Jr. to the No
Child Left Behind Liaison Team. These are pleasure term appointments
for Ms. Lockert and Ms. Mansfield starting December 4, 2002 and the
expiration date is December 4, 2004. It is also a pleasure term
appointment for Mr. Harold Boyd, Jr. starting January 27, 2003 and his
expiration date is January 27, 2005.
             Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
                                                  January 31, 2003
E. Dotson Wilson
  Chief Clerk of the State Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I created the Assembly Select
Committee on Title IX for the 2003–04 Regular Session and have
appointed the following members to serve on the committee:
  Speaker Herb J. Wesson, Jr., Co-Chair
  Assemblymember Hannah-Beth Jackson, Co-Chair
  Assemblymember Jenny Oropeza, Co-Vice Chair
  Assemblymember Darrell Steinberg, Co-Vice Chair
  Assemblymember Judy Chu
  Assemblymember Rebecca Cohn
  Assemblymember Marco Firebaugh
  Assemblymember Jackie Goldberg
  Assemblymember Christine Kehoe
  Assemblymember Carol Liu
  Assemblymember Gloria Negrete McLeod
  Assemblymember Cindy Montanez
  Assemblymember Robert Pacheco
  Assemblymember Fran Pavley
  Assemblymember Sarah Reyes
  Assemblymember Juan Vargas
  Assemblymember Patricia Wiggins
            Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
Feb. 3, 2003             ASSEMBLY JOURNAL                           313
                               REPORTS
  The following reports were presented by the Chief Clerk:
               Lottery’s Purchase of Goods and Services
              through the Department of General Services,
        and Contracts Awarded for more than $100,000 during the
                         2001–2002 Fiscal Year
          (Pursuant to Government Code Section 8880.56(b)(5))
   Above transmitted report, together with letter of transmittal from
Joan Wilson, Director, California Lottery, dated January 6, 2003,
referred by the Speaker to the Committee on Governmental
Organization.
           California Low Cost Automobile Insurance Program
                             Annual Report
         (Pursuant to Senate Bills 171 and 527, Statutes of 1999)
   Above transmitted report, together with letter of transmittal from
Richard J. Manning, CAARP Regional Director, California Automobile
Assigned Risk Plan, dated January 10, 2003, referred by the Speaker to
the Committee on Insurance.
            School Facility Program Costs Avoided Per Pupil
                    by Use of Year-Round Education
            (Pursuant to Education Code Section 42263(d)(3))
   Above transmitted report, together with letter of transmittal from
Luisa M. Park, Executive Officer, Office of Public School Construction,
State Allocation Board, dated January 17, 2003, referred by the Speaker
to the Committee on Education.
              Concealable Firearms Charges in California
                         Fiscal Year 2001–2002
           (Pursuant to Penal Code Section 12025 and 12031)
   Above transmitted report, together with letter of transmittal from
Chris D. Janzen, Director, Administrative Services Division,
Department of Justice, dated January 21, 2003, referred by the Speaker
to the Committee on Public Safety.
           Metropolitan Water District of Southern California
                            Annual Report
        (Pursuant to Metropolitan Water District Act Section 127)
  Above transmitted report, together with letter of transmittal from
Ronald R. Gastelum, Chief Executive Officer, Metropolitan Water
District of Southern California, dated January 23, 2003, referred by the
Speaker to the Committee on Local Government.
                Report on Deferred Maintenance Needs
        (Pursuant to Public Resources Code Section 5096.322(a))
  Above transmitted report, together with letter of transmittal from
Ruth Coleman, Acting Director, Department of Parks and Recreation,
dated January 9, 2003, referred by the Speaker to the Committee on
Water, Parks and Wildlife.
                Annual Report to the Fund Participants
                Concerning the School Employees Fund
                    Fiscal Year Ending June 30, 2002
        (Pursuant to Unemployment Insurance Code Section 832)
  Above transmitted report, together with letter of transmittal from
Michael S. Bernick, Director, Employment Development Department,
dated January 23, 2003, referred by the Speaker to the Committee
on Insurance.
314                           ASSEMBLY JOURNAL                        Feb. 3, 2003
                       SPECIAL COMMITTEE MEETINGS
   By unanimous consent, the following committees were permitted
to meet:
   Aging and Long-Term Care to convene jointly with Senate
Subcommittee on Aging, on Tuesday, February 18, 2003, at 2 p.m., in
Room 4203;
   Housing and Community Development to convene jointly with
Senate Committee on Housing and Community Development, on
Wednesday, February 19, 2003;
   Judiciary, on March 4, 2003, at 8:30 a.m., in Room 4202;
   Governmental Organization, on Wednesday, March 12, 2003, at
1:30 p.m., in Room 4202.
               ENGROSSMENT AND ENROLLMENT REPORTS
                                             Assembly Chamber, February 3, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Concurrent Resolution No. 14
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
   Above resolution re-referred to committee.
                                             Assembly Chamber, February 3, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Bill No. 29
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
   Above bill re-referred to committee.
                   INTRODUCTION AND FIRST READING OF
                            ASSEMBLY BILLS
   The following bills were introduced and read the first time:
  ASSEMBLY BILL NO. 243—Vargas. An act to amend Section 19827.5 of the
Government Code, relating to state employees, to take effect immediately, tax levy.
  ASSEMBLY BILL NO. 244—Maze. An act to amend Sections 510, 554, 556, and
1182.1 of, to add Section 1183.5 to, and to repeal Sections 500, 511, 513, 514, 515.5,
515.6, and 517 of, the Labor Code, relating to wages.
   ASSEMBLY BILL NO. 245—Cohn. An act to add Section 243.9 to the Penal Code,
relating to crimes.
  ASSEMBLY BILL NO. 246—Cox. An act to amend Section 1808.4 of the Vehicle
Code, relating to vehicles.
  ASSEMBLY BILL NO. 247—Cox (Coauthors: Benoit, Bogh, Cogdill, Dutton,
Haynes, Houston, La Suer, Leslie, Maze, Plescia, Runner, Samuelian, Strickland,
and Wyland) (Coauthors: Senators Ackerman, Johnson, and Knight). An act to add
Section 14218.3 to the Elections Code, relating to elections.
   ASSEMBLY BILL NO. 248—Nunez. An act to amend Sections 6988 and 6989 of
the Food and Agricultural Code, relating to advisory boards.
  ASSEMBLY BILL NO. 249—Matthews. An act to add Section 69432.6 to the
Education Code, relating to student financial aid.
  ASSEMBLY BILL NO. 250—Maddox. An act to amend Section 7520.1 of the
Business and Professions Code, relating to private investigators.
  ASSEMBLY BILL NO. 251—Parra. An act relating to economic development.
  ASSEMBLY BILL NO. 252—Jackson. An act to add Section 7647 to the Family
Code, relating to paternity.
Feb. 3, 2003            ASSEMBLY JOURNAL                            315
                            RESOLUTIONS
  The following resolutions were offered:
  ASSEMBLY JOINT RESOLUTION NO. 6—Diaz and Liu. Relative to Korean
immigrants.
 HOUSE RESOLUTION NO. 15—Laird. Relative to children’s dental health.
                REFERENCE OF BILLS TO COMMITTEE
   Pursuant to the Assembly Rules, the following bills were referred
to committee:
  Assembly
    Bill No.                         Committee
     123 – – – – – – – – – – – – B. & P.
     179 – – – – – – – – – – – – Hum. S.
     180 – – – – – – – – – – – – Aging & L.T.C.
     181 – – – – – – – – – – – – Pub. S.
     182 – – – – – – – – – – – – Jud.
     183 – – – – – – – – – – – – Health
     184 – – – – – – – – – – – – Trans.
     187 – – – – – – – – – – – – Pub. S.
     188 – – – – – – – – – – – – E.,R. & C.A.
     189 – – – – – – – – – – – – Rev. & Tax.
     190 – – – – – – – – – – – – E.,R. & C.A.
     191 – – – – – – – – – – – – Pub. S.
     192 – – – – – – – – – – – – L. Gov.
     195 – – – – – – – – – – – – Ed.
     196 – – – – – – – – – – – – L. & E.
     197 – – – – – – – – – – – – G.O.
     198 – – – – – – – – – – – – Trans.
     199 – – – – – – – – – – – – P.E.,R. & S.S.
     200 – – – – – – – – – – – – Hum. S.
     202 – – – – – – – – – – – – B. & P.
     203 – – – – – – – – – – – – Health
     205 – – – – – – – – – – – – Jud.
     206 – – – – – – – – – – – – Health
     207 – – – – – – – – – – – – Pub. S.
     208 – – – – – – – – – – – – L. Gov.
     209 – – – – – – – – – – – – Jud.
Assembly Concurrent
   Resolution No.                    Committee
       16 – – – – – – – – – – – – Ed.
       17 – – – – – – – – – – – – Trans.
       18 – – – – – – – – – – – – Rls.
Assembly Joint
Resolution No.                       Committee
         4 – – – – – – – – – – – – Jud.
         5 – – – – – – – – – – – – V.A.
    House
Resolution No.                       Committee
       13 – – – – – – – – – – – – Rls.
       14 – – – – – – – – – – – – Rls.
316                        ASSEMBLY JOURNAL                      Feb. 3, 2003
                         AUTHOR’S AMENDMENTS
                        Committee on Transportation
                                                               February 3, 2003
  Mr. Speaker: The Chair of your Committee on Transportation reports:
  Assembly Bill No. 77
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                            DUTRA, Chairman
  ASSEMBLY BILL NO. 77—An act to amend Section 170048 of the Public Utilities
Code, relating to airports.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
                 REPORTS OF STANDING COMMITTEES
                             Committee on Rules
                                            Date of Hearing: February 3, 2003
 Mr. Speaker: Your Committee on Rules reports:
 House Resolution No. 13
With the recommendation: Be adopted.
                                                          NATION, Chairman
  Above resolution ordered to third reading.
                                            Date of Hearing: February 3, 2003
 Mr. Speaker: Your Committee on Rules reports:
 Assembly Concurrent Resolution No. 14
With the recommendation: Be adopted.
                                                          NATION, Chairman
  Above resolution ordered to third reading.
                     REQUEST FOR PHOTOGRAPHER
  Assembly Member Jackson was granted unanimous consent that a
photographer be permitted on the Floor of the Assembly.
                         RE-REFERENCE OF BILLS
  Assembly Member Chan was granted unanimous consent that
Assembly Bill No. 111 be re-referred from the Committee on Public
Safety to the Committee on Judiciary and back to Public Safety.
                          ADJOURN IN MEMORY
                        Moment of Silence Observed
  Assembly Members Nakano, Vargas, and Runner were granted
unanimous consent that when the Assembly adjourns on this day it do so
out of respect to the memory of the astronauts of the space shuttle
Columbia: Col. Rick D. Husband of the Air Force; Cmdr. William C.
McCool of the Navy; Lt. Col. Michael P. Anderson of the Air Force;
Dr. Kalpana Chawla; Navy doctors, Capt. David M. Brown
and Cmdr. Laurel Salton Clark; and Israel’s first space traveler,
Col. Ilan Ramon.
  The Assembly then observed a moment of silence in their honor.
  (Assembly Rule 45.5 suspended.)
                           ADJOURN IN MEMORY
   Assembly Members Reyes and Samuelian were granted unanimous
consent that when the Assembly adjourns on this day it do so out of
respect to the memory of Larry Bertao, of Fresno.
Feb. 3, 2003             ASSEMBLY JOURNAL                        317
                       CONSIDERATION OF DAILY FILE
                    THIRD READING OF ASSEMBLY BILLS
  ASSEMBLY CONCURRENT RESOLUTION NO. 1 (Koretz)—Relative to
California Holocaust Memorial Week.
  Resolution read.
                     Assembly Rule 112 Suspended
  Assembly Members Cohn and Firebaugh were granted unanimous
consent that Assembly Rule 112 be temporarily suspended for the
purpose of reading a paper on the Floor.
                    Members Made Coauthors of
                Assembly Concurrent Resolution No. 1
   Assembly Member Koretz was granted unanimous consent to open
the roll for the purpose of permitting Members to add as coauthors of
Assembly Concurrent Resolution No. 1.
                               Roll Call
  The following Assembly Members indicated a desire to
become coauthors:
  Aghazarian, Benoit, Berg, Bermudez, Bogh, Calderon, Campbell,
Cogdill, Corbett, Correa, Daucher, Diaz, Dutra, Dutton, Dymally,
Frommer, Garcia, Goldberg, Hancock, Harman, Jerome Horton,
Shirley Horton, Houston, Jackson, Keene, Kehoe, La Malfa, La Suer,
Leno, Leslie, Levine, Lieber, Liu, Longville, Lowenthal, Maddox,
Maldonado, Matthews, Maze, McCarthy, Montanez, Mullin, Nakanishi,
Nakano, Nation, Nunez, Oropeza, Parra, Plescia, Reyes, Richman,
Ridley-Thomas, Runner, Salinas, Samuelian, Simitian, Spitzer,
Strickland, Wesson, Wiggins, Wolk, Wyland, and Yee.
                     Request for Unanimous Consent
   Assembly Member Koretz was granted unanimous consent to take up
Assembly Concurrent Resolution No. 1, as amended, without reference
to print or file, and that the same be considered engrossed.
  Consideration of Assembly Concurrent Resolution No. 1, as Amended
  ASSEMBLY CONCURRENT RESOLUTION NO. 1—Relative to California
Holocaust Memorial Week.
  Resolution read, as amended, and adopted.
  Resolution ordered printed, and transmitted to the Senate.
318                      ASSEMBLY JOURNAL                Feb. 3, 2003
  ASSEMBLY CONCURRENT RESOLUTION NO. 13 (Jackson)—Relative to
Girls and Women in Sports Week.
  Resolution read.
                    Members Made Coauthors of
                Assembly Concurrent Resolution No. 13
   Assembly Member Jackson was granted unanimous consent to open
the roll for the purpose of permitting Members to add as coauthors of
Assembly Concurrent Resolution No. 13.
                               Roll Call
  The following Assembly Members indicated a desire to
become coauthors:
  Aghazarian, Bates, Benoit, Berg, Bermudez, Bogh, Calderon,
Campbell, Canciamilla, Chan, Chavez, Chu, Cogdill, Cohn, Corbett,
Correa, Cox, Daucher, Diaz, Dutra, Dutton, Dymally, Firebaugh,
Frommer, Garcia, Goldberg, Hancock, Harman, Jerome Horton,
Shirley Horton, Houston, Kehoe, Koretz, La Malfa, La Suer, Laird,
Leno, Levine, Lieber, Liu, Longville, Lowenthal, Maddox, Maldonado,
Matthews, Maze, McCarthy, Montanez, Mountjoy, Mullin, Nakanishi,
Nakano, Nation, Negrete McLeod, Nunez, Pacheco, Parra,
Pavley, Plescia, Reyes, Richman, Ridley-Thomas, Runner, Salinas,
Samuelian, Simitian, Spitzer, Strickland, Vargas, Wiggins, Wolk,
Wyland, and Yee.
                     Request for Unanimous Consent
   Assembly Member Jackson was granted unanimous consent to take
up Assembly Concurrent Resolution No. 13, as amended, without
reference to print or file, and that the same be considered engrossed.
 Consideration of Assembly Concurrent Resolution No. 13, as Amended
 ASSEMBLY CONCURRENT RESOLUTION NO. 13—Relative to Girls and
Women in Sports Week.
  Resolution read, as amended, and adopted.
  Resolution ordered printed, and transmitted to the Senate
immediately.
                               RECESS
   By unanimous consent, at 11:52 a.m., Speaker pro Tempore Kehoe
declared the Assembly recessed to permit the introduction of
special guests.
   Assembly Member Jackson introduced LaKeysia Beene, goalkeeper
for the San Jose CyberRays Women’s Professional Soccer Team and
Edna Campbell, guard for the Sacramento Monarchs Women’s
Professional Basketball Team in recognition of Girls and Women in
Sports Week.
                            RECONVENED
  At 11:55 a.m., the Assembly reconvened.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
Feb. 3, 2003             ASSEMBLY JOURNAL                             319
                                RECESS
  By unanimous consent, at 11:55 a.m., Speaker pro Tempore Kehoe
declared the Assembly recessed.
                             RECONVENED
  At 12:19 p.m., the Assembly reconvened.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
                         ADJOURN IN MEMORY
   Assembly Member Canciamilla was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Alphonse ‘‘Red’’ Cappucini, of Pittsburg.
   Assembly Member Dutton was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Nina Hooker, of Woodland.
   Assembly Member Frommer was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Gene Wingard, of Pasadena.
   Assembly Member Shirley Horton was granted unanimous consent
that when the Assembly adjourns on this day it do so out of respect to the
memory of Wynonia M. Johnston, of Chula Vista.
   Assembly Member Maldonado was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Maria Arredondo, of Santa Maria.
   Assembly Member Mountjoy was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Robert T. McLean, of Monrovia.
   Assembly Member Nation was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Paul Golis, of Thousand Oaks.
   Assembly Member Plescia was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Albert F. Deahl, of Rancho Bernardo.
   Assembly Member Simitian was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Mary E. Perkins, of Palo Alto.
   Assembly Member Wolk was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Harry Adair, of Vacaville.
                         MOTION TO ADJOURN
  At 12:20 p.m., Assembly Member Firebaugh moved that the
Assembly do now adjourn.
  Assembly Member Cox seconded the motion.
  Motion carried.
                           ANNOUNCEMENTS
  Speaker pro Tempore Kehoe announced that Members’ photos would
be taken on Tuesday, February 4, 2003, in Room 124.
          QUORUM CALL OF THE ASSEMBLY DISPENSED WITH
   At 12:20 p.m., Speaker pro Tempore Kehoe declared the quorum call
of the Assembly dispensed with.
320                     ASSEMBLY JOURNAL                  Feb. 3, 2003
                     INTRODUCTION OF GUESTS
  Assembly Member Leslie, of the 4th Assembly District, introduced
Keli Miller and the 4th and 5th grade students of Community Christian
School, of Lincoln.
                           ADJOURNMENT
   At 3 p.m., pursuant to the motion by Assembly Member Firebaugh,
the Assembly adjourned until 10 a.m., Tuesday, February 4, 2003, out of
respect to the memory of Alphonse ‘‘Red’’ Cappucini, on motion of
Assembly Member Canciamilla; out of respect to the memory of
Nina Hooker, on motion of Assembly Member Dutton; out of respect to
the memory of Gene Wingard, on motion of Assembly Member
Frommer; out of respect to the memory of Maria Arredondo, on motion
of Assembly Member Maldonado; out of respect to the memory of
Robert T. McLean, on motion of Assembly Member Mountjoy; out of
respect to the memory of Albert F. Deahl, on motion of Assembly
Member Plescia; out of respect to the memory of Mary E. Perkins, on
motion of Assembly Member Simitian; out of respect to the memory of
Harry Adair, on motion of Assembly Member Wolk; out of respect to
the memory of Wynonia M. Johnston, on motion of Assembly Member
Shirley Horton; out of respect to the memory of Larry Bertao,
on motion of Assembly Members Reyes and Samuelian; out of
respect to the memory of Paul Golis, on motion of Assembly
Member Nation; out of respect to the memory of Col. Rick D. Husband,
Cmdr. William C. McCool, Lt. Col. Michael P. Anderson, Dr. Kalpana
Chawla, Capt. David M. Brown, Cmdr. Laurel Salton Clark, and
Col. Ilan Ramon, on motion of Assembly Members Nakano, Vargas,
and Runner.


  HERB J. WESSON, JR., Speaker
                                   PAM CAVILEER, Minute Clerk
Feb. 3, 2003          ASSEMBLY JOURNAL                       321

        AMENDMENTS CONSIDERED BY THE
         ASSEMBLY ON FEBRUARY 3, 2003

The following measure was amended in the Assembly on this day:

                       AB    RN
                        77   0301044
                      Daily Total:        1
                  Cumulative Total:       16
Feb. 4, 2003                     ASSEMBLY JOURNAL                                          323

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                        Tuesday, February 4, 2003

                          TWENTIETH SESSION DAY

                       SIXTY-FIFTH CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
324                      ASSEMBLY JOURNAL                Feb. 4, 2003


              PROCEEDINGS OF THE ASSEMBLY

                            IN ASSEMBLY


                             Assembly Chamber, Sacramento
                                      Tuesday, February 4, 2003
  The Assembly met at 10 a.m.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Francesca Vega reading.
                               ROLL CALL
  The roll was called.
                     Quorum Call of the Assembly
  Assembly Member Goldberg moved a quorum call of the Assembly.
  Motion carried. Time, 10:01 a.m.
  The Speaker pro Tempore directed the Sergeant at Arms to close the
doors, and to bring in the absent Members.
                            Quorum Present
  At 10:10 a.m., Speaker pro Tempore Kehoe declared a quorum of the
Assembly present.
  The roll call was completed, and the following answered to their
names—80:
Aghazarian       Dutton            Leslie           Pacheco
Bates            Dymally           Levine           Parra
Benoit           Firebaugh         Lieber           Pavley
Berg             Frommer           Liu              Plescia
Bermudez         Garcia            Longville        Reyes
Bogh             Goldberg          Lowenthal        Richman
Calderon         Hancock           Maddox           Ridley-Thomas
Campbell         Harman            Maldonado        Runner
Canciamilla      Haynes            Matthews         Salinas
Chan             Horton, Jerome    Maze             Samuelian
Chavez           Horton, Shirley   McCarthy         Simitian
Chu              Houston           Montanez         Spitzer
Cogdill          Jackson           Mountjoy         Steinberg
Cohn             Keene             Mullin           Strickland
Corbett          Kehoe             Nakanishi        Vargas
Correa           Koretz            Nakano           Wiggins
Cox              La Malfa          Nation           Wolk
Daucher          La Suer           Negrete McLeod   Wyland
Diaz             Laird             Nunez            Yee
Dutra            Leno              Oropeza          Mr. Speaker
Feb. 4, 2003             ASSEMBLY JOURNAL                            325
                                PRAYER
   Upon invitation of Speaker pro Tempore Kehoe, the following prayer
was offered by Assembly Chaplain Rev. Constantine C. Pappademos:
   Almighty God, Bestow upon us and upon all Your faithful
people, Your manifold gifts of grace. Let our minds be enlightened by
Your truth and our hearts purified by Your presence, that we may be
strengthened spiritually with Your divine power. Grant us to have a right
judgement in all things and to always rejoice in the comfort of Your
holiness.—AMEN.
                PLEDGE OF ALLEGIANCE TO THE FLAG
  Upon request of Speaker pro Tempore Kehoe, Assembly Member
Plescia then led the Assembly in the pledge of allegiance to the Flag.
        MOTION TO DISPENSE WITH READING OF THE JOURNAL
   Further reading of the Journal of the previous legislative day was
dispensed with on motion of Assembly Member Firebaugh, seconded
by Assembly Member Cogdill.
                           COMMUNICATIONS
  The following communications were presented by the Speaker, and
ordered printed in the Journal:
                                                  February 4, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
   Dear Dotson: This is to advise you that I have created the
Subcommittee on Mental Health of the Assembly Health Committee for
the 2003–04 Regular Session and have appointed Assemblymember
Leland Yee as Chair.
            Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
                                                February 4, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have created the Select
Committee on Adult Education for the 2003–04 Regular Session and
have appointed Assemblymember Carol Liu as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
326                         ASSEMBLY JOURNAL                      Feb. 4, 2003
                                                February 4, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have created the Select
Committee on Elder Abuse for the 2003–04 Regular Session and have
appointed Assemblymember Joe Simitian as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                          February 4, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
     State Capitol, Room 3196
       Sacramento, California
   Dear Dotson: Please be advised that I have created the Select
Committee on Information Technology and the High Tech Workforce
for the 2003–04 Regular Session and have appointed Assemblymember
Manny Diaz as the Chair.
             Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
               ENGROSSMENT AND ENROLLMENT REPORTS
                                             Assembly Chamber, February 4, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Bill No. 77
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
  Above bill re-referred to committee.
                      SPECIAL COMMITTEE MEETINGS
   By unanimous consent, the following committee was permitted
to meet:
   Water, Parks and Wildlife, on Tuesday, February 11, 2003, at 8 a.m.
                            ADJOURN IN MEMORY
   Assembly Members Laird and Leno were granted unanimous consent
that when the Assembly adjourns on this day it do so out of respect to the
memory of Lou Harrison, of Aptos.
  (Assembly Rule 45.5 suspended.)
                            ADJOURN IN MEMORY
   Assembly Member Maze was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Hon. Victor Roy Lee, former Mayor and City Councilmember
of Exeter.
  (Assembly Rule 45.5 suspended.)
Feb. 4, 2003             ASSEMBLY JOURNAL                         327
           CONSIDERATION OF DAILY FILE (RESUMED)
             THIRD READING OF ASSEMBLY BILLS
  HOUSE RESOLUTION NO. 13 (Strickland)—Relative to Ronald Reagan’s
Birthday.
  Resolution read.
                           Motion to Amend
  Assembly Member Strickland moved the adoption of amendments.
  Amendments read and adopted; resolution ordered reprinted, and to
be returned to the third reading file.
                      CAUCUS ANNOUNCEMENTS
  At 10:21 a.m., by unanimous consent, the Democratic Caucus was
permitted to meet in the Assembly Lounge, and the Republican Caucus
was permitted to meet in the Tom Bane Rules Committee Room.
                              RECESS
  By unanimous consent, at 10:21 a.m., Speaker pro Tempore Kehoe
declared the Assembly recessed.
                            RECONVENED
  At 12:52 p.m., the Assembly reconvened.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
                              RECESS
  By unanimous consent, at 12:53 p.m., Speaker pro Tempore Kehoe
declared the Assembly recessed.
                            RECONVENED
  At 2:46 p.m., the Assembly reconvened.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
                     SPECIAL COMMITTEE MEETINGS
   Assembly Member Firebaugh was granted unanimous consent that
the Committee on Health be permitted to hold a special meeting on
Thursday, February 6, 2003, and that Joint Rule 62(a) be waived.
               COMMITTEE MEETING ANNOUNCEMENTS
  Assembly Member Liu announced that the Committee on Higher
Education would meet at 3 p.m. today, in Room 437.
  Assembly Member Correa announced that the Committee on
Business and Professions would reconvene today, upon adjournment, in
Room 447.
                         ADJOURN IN MEMORY
  Assembly Member Mountjoy was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of A. G. ‘‘Jerry’’ Broadie, of San Gabriel.
  Assembly Member Runner was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Artis Bigalk, of Lancaster.
  Speaker Wesson was granted unanimous consent that when the
Assembly adjourns on this day it do so out of respect to the memory of
Donald Carroll, of Sacramento.
328                           ASSEMBLY JOURNAL                        Feb. 4, 2003
                                Motion to Adjourn
  At 2:48 p.m., Assembly Member Firebaugh moved that the Assembly
do now adjourn.
  Assembly Member Strickland seconded the motion.
  Motion carried.
           QUORUM CALL OF THE ASSEMBLY DISPENSED WITH
   At 2:48 p.m., Speaker pro Tempore Kehoe declared the quorum call
of the Assembly dispensed with.
                   INTRODUCTION AND FIRST READING OF
                            ASSEMBLY BILLS
   The following bills were introduced and read the first time:
  ASSEMBLY BILL NO. 253—Steinberg. An act to add Sections 1276.41 and
1276.42 to the Health and Safety Code, relating to health facilities.
  ASSEMBLY BILL NO. 254—Montanez. An act to amend Section 10116.5 of the
Insurance Code, relating to health.
  ASSEMBLY BILL NO. 255—Jerome Horton. An act to amend Section 25004.5 of
the Government Code, relating to elections.
   ASSEMBLY BILL NO. 256—Vargas. An act to add Sections 110456 and 110592 to
the Health and Safety Code, relating to adulterated food.
  ASSEMBLY BILL NO. 257—Maddox. An act to amend Section 23387 of the
Business and Professions Code, relating to alcoholic beverages.
  ASSEMBLY BILL NO. 258—Calderon. An act to add Section 1724 to the Civil
Code, relating to retail sales.
  ASSEMBLY BILL NO. 259—Calderon. An act to add Section 243.88 to the Penal
Code, relating to battery.
  ASSEMBLY BILL NO. 260—Jackson (Coauthors: Lowenthal, Mullin, Nakano,
Nation, Pavley, and Vargas). An act to add Section 91.6 to the Streets and Highways
Code, relating to highways.
  ASSEMBLY BILL NO. 261—Maddox. An act to amend Sections 11352.1 and
101070 of the Health and Safety Code, relating to controlled substances.
  ASSEMBLY BILL NO. 262—Chan. An act to amend Sections 56.05 and 56.10 of
the Civil Code, relating to personal information.
  ASSEMBLY BILL NO. 263—Oropeza. An act to amend Section 24410 of the
Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.
  ASSEMBLY BILL NO. 264—Mullin. An act to amend Sections 31496.3 and
31625.2 of, and to add Section 31497.1 to, the Government Code, relating to county
employees’ retirement.
  ASSEMBLY BILL NO. 265—Mullin. An act to amend Sections 22134, 22664,
24201, and 24600 of, and to repeal Sections 22134.5, 22135, and 22136 of, the
Education Code, relating to state teachers’ retirement.
  ASSEMBLY BILL NO. 266—Mullin. An act to amend Section 31780.2 of the
Government Code, relating to county employees’ retirement.
  ASSEMBLY BILL NO. 267—Mullin. An act to amend Section 24185 of the Health
and Safety Code, relating to cloning.
  ASSEMBLY BILL NO. 268—Mullin. An act to amend Section 19995.4 of the
Government Code, relating to state employment.
  ASSEMBLY BILL NO. 269—Mullin. An act relating to housing.
Feb. 4, 2003           ASSEMBLY JOURNAL                        329
                          ADJOURNMENT
   At 3 p.m., pursuant to the motion by Assembly Member Firebaugh,
the Assembly adjourned until 7 a.m., Wednesday, February 5, 2003,
out of respect to the memory of Lou Harrison, on motion of
Assembly Members Laird and Leno; out of respect to the memory of
Hon. Victor Roy Lee, on motion of Assembly Member Maze; out of
respect to the memory of Artis Bigalk, on motion of Assembly Member
Runner; out of respect to the memory of A. G. ‘‘Jerry’’ Broadie, on
motion of Assembly Member Mountjoy; and out of respect to the
memory of Donald Carroll, on motion of Speaker Wesson.


  HERB J. WESSON, JR., Speaker
                                 PAM CAVILEER, Minute Clerk
330                   ASSEMBLY JOURNAL               Feb. 4, 2003

        AMENDMENTS CONSIDERED BY THE
         ASSEMBLY ON FEBRUARY 4, 2003

The following measure was amended in the Assembly on this day:

                       HR    RN
                        13   0306991
                      Daily Total:        1
                  Cumulative Total:       17
Feb. 5, 2003                     ASSEMBLY JOURNAL                                          331

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                      Wednesday, February 5, 2003

                       TWENTY-FIRST SESSION DAY

                       SIXTY-SIXTH CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
332                          ASSEMBLY JOURNAL                    Feb. 5, 2003


              PROCEEDINGS OF THE ASSEMBLY

                                IN ASSEMBLY


                                       Assembly Chamber, Sacramento
                                           Wednesday, February 5, 2003
  The Assembly met at 7 a.m.
  Hon. Abel Maldonado, Assembly Member, 33rd District, presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Francesca Vega reading.
                                   ROLL CALL
  The following were placed upon the morning roll call—78:
Aghazarian           Dymally             Lieber            Pavley
Bates                Firebaugh           Liu               Plescia
Benoit               Frommer             Longville         Reyes
Berg                 Garcia              Lowenthal         Richman
Bermudez             Goldberg            Maddox            Ridley-Thomas
Bogh                 Hancock             Maldonado         Runner
Calderon             Harman              Matthews          Salinas
Campbell             Haynes              Maze              Samuelian
Canciamilla          Horton, Jerome      McCarthy          Simitian
Chan                 Horton, Shirley     Montanez          Spitzer
Chavez               Houston             Mountjoy          Steinberg
Chu                  Jackson             Mullin            Strickland
Cogdill              Keene               Nakanishi         Vargas
Cohn                 Koretz              Nakano            Wiggins
Correa               La Malfa            Nation            Wolk
Cox                  La Suer             Negrete McLeod    Wyland
Daucher              Laird               Nunez             Yee
Diaz                 Leno                Oropeza           Mr. Speaker
Dutra                Leslie              Pacheco
Dutton               Levine              Parra
  Quorum present.
              At 11:38 a.m., Hon. Dave Cox, 5th District, presiding
                   REGULAR BUSINESS DISPENSED WITH
  By unanimous consent, the regular order of business of the Assembly
was dispensed with for this legislative day.
                     LEAVES OF ABSENCE FOR THE DAY
  By unanimous consent, the following Assembly Members were
granted leaves of absence for the day:
  On legislative business: Assembly Members Corbett and Kehoe.
Feb. 5, 2003              ASSEMBLY JOURNAL                             333
                      EXPLANATIONS OF ABSENCE
   Pursuant to the Assembly Rules, the following explanations of
absence were ordered printed in the Journal:
                                                    January 30, 2003
The Honorable Herb Wesson
  Speaker of the Assembly
    State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker: I would like to request permission to be excused
from check-in session on Wednesday and Thursday, February 5th
and 6th. I have District business to attend to.
   Thank you for your consideration of this matter. If you have any
questions or concerns, please feel free to call me at, (916) 319-2018.
             Sincerely,
                          ELLEN M. CORBETT, Assembly Member
                          Eighteenth District
                                                       January 31, 2003
Hon. Herb Wesson
   Speaker of the Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker: I respectfully request to be excused from Check-In
Session on Wednesday, February 5, and Thursday, February 6, 2003 due
to legislative business in my district. In the event Floor Session is called
I will of course return to Sacramento.
   Thank you for your consideration in this request.
              Sincerely,
                                                  CHRISTINE KEHOE
                                                  Speaker pro Tempore
                            COMMUNICATIONS
  The following communications were presented by the Speaker, and
ordered printed in the Journal:
                                              February 3, 2003
Mr. E. Dotson Wilson
  Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:     Reappointment of Shelia E. Reed
          to Environmental Health Specialist Registration Committee
  Dear Mr. Wilson: Please be advised I have reappointed Ms. Shelia E.
Reed to the Environmental Health Specialist Registration Committee.
This is a term appointment starting February 3, 2003 and the expiration
date is January 1, 2007.
              Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
334                      ASSEMBLY JOURNAL                  Feb. 5, 2003
                                                   February 3, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:   Appointment of Christine Kehoe
        to Milton Marks ‘‘Little Hoover’’ Commission on
        California State Government Organization and Economy
  Dear Mr. Wilson: Please be advised I have appointed Speaker pro
Tempore Christine Kehoe to the Milton Marks ‘‘Little Hoover’’
Commission on California State Government Organization and
Economy. This is a pleasure appointment starting February 3, 2003.
Speaker pro Tempore Kehoe will be replacing Assemblymember
Juan Vargas.
            Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
                                                   February 4, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:    Reappointment of John Dutra
         to State Allocation Board
   Dear Mr. Wilson: Please be advised I have reappointed
Assemblymember John Dutra to the State Allocation Board. This is a
pleasure appointment starting February 4, 2003.
             Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
                                                   February 4, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:   Appointment of Elizabeth Graddy
        to California Board of Podiatric Medicine
  Dear Mr. Wilson: Please be advised I have appointed Dr. Elizabeth
Graddy to the California Board of Podiatric Medicine. This is a term
appointment starting February 4, 2003 and the expiration date is June 1,
2006. Dr. Graddy will be replacing Ms. Iva Greene.
            Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
Feb. 5, 2003            ASSEMBLY JOURNAL                          335
                                                  February 3, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:   Reappointment of Hannah-Beth Jackson
        to State Coastal Conservancy
  Dear Mr. Wilson: Please be advised I have reappointed
Assemblymember Hannah-Beth Jackson to the State Coastal
Conservancy. This is a pleasure appointment starting February 3, 2003.
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
                                                  February 3, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:    Appointment of Fran Pavley and John Laird
         to State Coastal Conservancy
  Dear Mr. Wilson: Please be advised I have appointed
Assemblymembers Fran Pavley and John Laird to the State Coastal
Conservancy. These are pleasure appointments starting February 3,
2003. Assemblymember Pavley will be replacing Assemblymember
Christine Kehoe and Assemblymember Laird will be replacing
Assemblymember Fred Keeley.
             Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
                                                  February 4, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:   Reappointment of Hannah-Beth Jackson
        to Wildlife Conservation Board
  Dear Mr. Wilson: Please be advised I have reappointed
Assemblymember Hannah-Beth Jackson to the Wildlife Conservation
Board. This is a pleasure appointment starting February 4, 2003.
            Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
336                     ASSEMBLY JOURNAL                 Feb. 5, 2003
                                                  February 4, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:    Appointment of John Laird and Fran Pavley
         to Wildlife Conservation Board
  Dear Mr. Wilson: Please be advised I have appointed
Assemblymembers John Laird and Fran Pavley to the Wildlife
Conservation Board. These are pleasure appointments starting
February 4, 2003. Assemblymember Laird will be replacing
Assemblymember Howard Wayne and Assemblymember Pavley will
be replacing Assemblymember Virginia Strom-Martin.
            Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
                                                  February 4, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:    Appointment of Virginia Strom-Martin
         to California Unemployment Insurance Appeals Board
  Dear Mr. Wilson: Please be advised I have appointed Ms. Virginia
Strom-Martin to the California Unemployment Insurance Appeals
Board. This is a term appointment starting February 4, 2003 and the
expiration date is January 1, 2007. Ms. Strom-Martin will be replacing
Mr. Ruben Ayala.
             Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
                                                February 5, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have created the Select
Committee on Runaway Production for the 2003–04 Regular Session
and have appointed Assemblymember Dario Frommer as the Chair.
            Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
Feb. 5, 2003              ASSEMBLY JOURNAL                             337
                                REPORTS
  The following reports were presented by the Chief Clerk:
            Disabled Veterans Bonds Services Participation
                              Annual Report
         (Pursuant to Military and Veterans Code Section 999.7)
  Above transmitted report, together with letter of transmittal from
Theresa A. Parker, Executive Director, California Housing Finance
Agency, dated January 23, 2002, referred by the Speaker to the
Committee on Utilities and Commerce.
          Disabled Veterans Business Enterprise Statistics for
                         Fiscal Year 2001–2002
  Above transmitted report, together with letter of transmittal from
Gerald H. Goldberg, Executive Officer, Franchise Tax Board, dated
December 26, 2002, referred by the Speaker to the Committee on
Utilities and Commerce.
       Lease-Leaseback Transactions by Public Transit Districts—
                      Sales and Use Tax Exemption
      (Pursuant to Assembly Bill 984, Chapter 592, Statutes of 2001)
  Above transmitted report, together with letter of transmittal from
Elizabeth G. Hill, Legislative Analyst, Legislative Analyst’s Office,
dated January 24, 2003, referred by the Speaker to the Committee on
Revenue and Taxation.
        California Postsecondary Education Commission (CPEC)
               A Review of Its Mission and Responsibilities
        (Pursuant to Supplemental Report of the 2000 Budget Act)
  Above transmitted report, together with letter of transmittal from
Elizabeth G. Hill, Legislative Analyst, Legislative Analyst’s Office,
dated January 27, 2003, referred by the Speaker to the Committee
on Budget.
                         2003 Annual Report on
    the Operations of the Uniform Commercial Code (UCC) Section of
                    the Business Programs Division
         (Pursuant to Uniform Commercial Code Section 9527)
   Above transmitted report, together with letter of transmittal from
Kevin Shelley, Secretary of State, dated January 29, 2003, referred by
the Speaker to the Committee on Judiciary.
                California Innocence Protection Program
    (Pursuant to Budget Act 2001 and 2002, Chapter 106, Statute 2001
                            Item 8100-101-001)
  Above transmitted report, together with letter of transmittal from
Wayne Strumpfer, Interim Executive Director, Office of Criminal
Justice Planning, dated January 24, 2003, referred by the Speaker to the
Committee on Budget.
             California Physical Fitness Testing 2002 Report
       (Pursuant to Senate Bill 896, Chapter 1066, Statutes of 1998)
  Above transmitted report, together with letter of transmittal from
B. Teri Burns, Deputy Superintendent, Department of Education, dated
January 28, 2003, referred by the Speaker to the Committee
on Education.
338                            ASSEMBLY JOURNAL                          Feb. 5, 2003
                             Making A Difference
               (Pursuant to Subsection 27, Item 6110-001-0001 of
                          the 2000–2001 Budget Act)
  Above transmitted report, together with letter of transmittal from
B. Teri Burns, Deputy Superintendent, Department of Education, dated
January 29, 2003, referred by the Speaker to the Committee on Budget.
               ENGROSSMENT AND ENROLLMENT REPORTS
                                             Assembly Chamber, February 5, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  House Resolution No. 13
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
   Above resolution ordered on file.
                    INTRODUCTION AND FIRST READING OF
                             ASSEMBLY BILLS
   The following bills were introduced and read the first time:
  ASSEMBLY BILL NO. 270—Bates. An act to amend Section 219 of the Code of
Civil Procedure, relating to jury service.
   ASSEMBLY BILL NO. 271—Nunez. An act to add Chapter 13 (commencing with
Section 4850) to Division 4.5 of the Welfare and Institutions Code, relating to services
for the developmentally disabled.
  ASSEMBLY BILL NO. 272—Dutton. An act to add Section 6382 to the Revenue
and Taxation Code, relating to taxation, to take effect immediately, tax levy.
  ASSEMBLY BILL NO. 273—Bogh. An act to add Section 1231.3 to the
Government Code, relating to public employees, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.
  ASSEMBLY BILL NO. 274—Koretz. An act to add Section 1182.9 to the Labor
Code, relating to employment.
  ASSEMBLY BILL NO. 275—Dutton. An act to amend Section 17074.10 of the
Education Code, relating to school facilities.
  ASSEMBLY BILL NO. 276—Koretz. An act to amend Sections 23, 210, 225.5,
226, 605, 752, 1021, 1021.5, and 1197.1 of the Labor Code, relating to employment.
   ASSEMBLY BILL NO. 277—Dutra (Coauthors: Frommer, Hancock, Levine,
Mullin, and Yee) (Coauthors: Senators Johnson, Perata, Scott, Soto, and
Vasconcellos). An act to add Section 17529 to the Business and Professions Code, and
to add Article 3 (commencing with Section 18320) to Chapter 4 of Division 18 of the
Elections Code, relating to fraudulent practices.
  ASSEMBLY BILL NO. 278—Bermudez. An act to amend Section 19817 of the
Business and Professions Code, relating to gaming.
  ASSEMBLY BILL NO. 279—Cohn. An act to amend Section 987.88 of the Military
and Veterans Code, relating to veterans, and declaring the urgency thereof, to take effect
immediately.
  ASSEMBLY BILL NO. 280—Maldonado. An act to amend Section 3041.5 of the
Penal Code, relating to parole hearings.
  ASSEMBLY BILL NO. 281—Bermudez. An act to amend Section 20101 of the
Public Contract Code, relating to public contracting.
  ASSEMBLY BILL NO. 282—Bermudez. An act to amend Section 7316 of the
Business and Professions Code, relating to barbering and cosmetology.
  ASSEMBLY BILL NO. 283—Jackson. An act to amend Section 13957 of the
Government Code, relating to victims of crime.
  ASSEMBLY BILL NO. 284—Chavez. An act to amend Section 10168.7 of the
Insurance Code, relating to life insurance.
Feb. 5, 2003                  ASSEMBLY JOURNAL                                    339
  ASSEMBLY BILL NO. 285—Negrete McLeod. An act to amend Sections 20352,
20638, 31461.3, 31700, 31831, 31833, 31834, 31835, 31835.02, 31837, 31837.1, and
31840.5 of, and to repeal Sections 20355, 20356, 31840.4, 31840.6, and 31840.7 of, the
Government Code, relating to public retirement systems.
  ASSEMBLY BILL NO. 286—Dutra. (Principal coauthor: Vargas). An act to add
Section 3125 to the Civil Code, relating to mechanics’ liens.
  ASSEMBLY BILL NO. 287—Firebaugh. An act to amend Section 15372.61 of the
Government Code, relating to tourism.
   ASSEMBLY BILL NO. 288—Aghazarian. An act to add Sections 17053.18,
17273.1, 23638, and 24384 to the Revenue and Taxation Code, relating to taxation, to
take effect immediately, tax levy.
  ASSEMBLY BILL NO. 289—Plescia. An act to amend Sections 7152.7, 7153, and
7158 of the Health and Safety Code, and to amend Sections 1672, 12811, and 13005 of
the Vehicle Code, relating to organ and tissue donation.
  ASSEMBLY BILL NO. 290—Firebaugh. An act to amend Sections 45117 and
88017 of the Education Code, relating to education.
   ASSEMBLY BILL NO. 291—Aghazarian. An act to amend, repeal, and add
Sections 17052.12 and 23609 of the Revenue and Taxation Code, relating to taxation, to
take effect immediately, tax levy.
   ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 8—Garcia (Principal
coauthors: Bates, Daucher, Shirley Horton, and Runner). A resolution to propose to
the people of the State of California an amendment to the Constitution of the State, by
amending Section 8 of Article V thereof, relating to the Governor’s pardon power.
                                  RESOLUTIONS
   The following resolutions were offered:
  ASSEMBLY CONCURRENT RESOLUTION NO. 19—Aghazarian. Relative to
Joash E. Paul Memorial Highway.
  ASSEMBLY CONCURRENT RESOLUTION NO. 20—Aghazarian. Relative to
California Agriculture Week.
  ASSEMBLY CONCURRENT RESOLUTION NO. 21—Nunez. Relative to
sanitary conditions in public schools.
                           AUTHOR’S AMENDMENTS
                           Committee on Public Safety
                                                              February 5, 2003
  Mr. Speaker: The Chair of your Committee on Public Safety reports:
  Assembly Bill No. 19
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                              LENO, Chairman
  ASSEMBLY BILL NO. 19—An act to amend Section 10754 of, and to add Section
11004.7 to, the Revenue and Taxation Code, and to amend Section 9551.2 of, and
to add Section 23583 to, the Vehicle Code, relating to taxation, and making an
appropriation therefor.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
340                          ASSEMBLY JOURNAL                       Feb. 5, 2003
                       AUTHOR’S AMENDMENTS
                   Committee on Water, Parks and Wildlife
                                                              February 5, 2003
  Mr. Speaker: The Chair of your Committee on Water, Parks and Wildlife reports:
  Assembly Bill No. 66
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                  CANCIAMILLA, Chairman
  ASSEMBLY BILL NO. 66—An act to amend Section 91.5 of the Streets and
Highways Code, and to add Article 5 (commencing with Section 330) to Chapter 2.5 of
Division 1 of the Water Code, relating to waterways.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
                   REPORTS OF STANDING COMMITTEES
      Committee on Public Employees, Retirement and Social Security
                                            Date of Hearing: February 5, 2003
  Mr. Speaker: Your Committee on Public Employees, Retirement and Social Security
reports:
  Assembly Bill No. 67
With the recommendation: Do pass, and be re-referred to the Committee on
Appropriations.
                                           NEGRETE MCLEOD, Chairwoman
  Above bill re-referred to the Committee on Appropriations.
                                ADJOURNMENT
  At 3 p.m., the Assembly adjourned until 7 a.m., Thursday,
February 6, 2003.


  HERB J. WESSON, JR., Speaker
                                         PAM CAVILEER, Minute Clerk
Feb. 5, 2003          ASSEMBLY JOURNAL                        341

        AMENDMENTS CONSIDERED BY THE
         ASSEMBLY ON FEBRUARY 5, 2003

The following measures were amended in the Assembly on this day:

                       AB    RN
                        19   0306834
                        66   0306837
                      Daily Total:         2
                  Cumulative Total:        19
Feb. 6, 2003                     ASSEMBLY JOURNAL                                          343

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                       Thursday, February 6, 2003

                    TWENTY-SECOND SESSION DAY

                    SIXTY-SEVENTH CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
344                      ASSEMBLY JOURNAL                  Feb. 6, 2003


              PROCEEDINGS OF THE ASSEMBLY

                              IN ASSEMBLY


                                 Assembly Chamber, Sacramento
                                       Thursday, February 6, 2003
  The Assembly met at 7 a.m.
  Hon. Barbara Matthews, Assembly Member, 17th District,
presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Francesca Vega reading.
                               ROLL CALL
  The following were placed upon the morning roll call—71:
Aghazarian        Firebaugh         Lowenthal         Plescia
Benoit            Frommer           Maddox            Reyes
Berg              Garcia            Maldonado         Richman
Bermudez          Goldberg          Matthews          Ridley-Thomas
Bogh              Hancock           Maze              Runner
Calderon          Harman            McCarthy          Salinas
Campbell          Haynes            Montanez          Samuelian
Canciamilla       Houston           Mountjoy          Simitian
Chu               Jackson           Mullin            Spitzer
Cohn              Keene             Nakanishi         Steinberg
Corbett           Koretz            Nakano            Strickland
Correa            Laird             Nation            Vargas
Cox               Leno              Negrete McLeod    Wiggins
Daucher           Leslie            Nunez             Wolk
Diaz              Levine            Oropeza           Wyland
Dutra             Lieber            Pacheco           Yee
Dutton            Liu               Parra             Mr. Speaker
Dymally           Longville         Pavley
  Quorum present.
         At 1:52 p.m., Assistant Speaker pro Tempore Leland Yee,
                          12th District, presiding
                 REGULAR BUSINESS DISPENSED WITH
  By unanimous consent, the regular order of business of the Assembly
was dispensed with for this legislative day.
                  LEAVES OF ABSENCE FOR THE DAY
  By unanimous consent, the following Assembly Members were
granted leaves of absence for the day:
  On legislative business: Assembly Members Bates, Chavez, Cogdill,
Jerome E. Horton, Shirley Horton, Kehoe, La Malfa, and La Suer.
  Because of illness: Assembly Member Chan.
Feb. 6, 2003             ASSEMBLY JOURNAL                            345
                     EXPLANATIONS OF ABSENCE
  Pursuant to the Assembly Rules, the following explanations of
absence were ordered printed in the Journal:
                                                    January 23, 2003
The Honorable Herb Wesson
   Speaker of the Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker,
   The purpose of this letter is to respectfully request permission to be
absent for Check-In Session on Thursday, February 6th, 2003. I
previously requested permission to travel on Wednesday, February 5th
and would like to extend that through February 6th. I will attend the
Floor Session on February 7th, 2003.
   I will be speaking at events both on Wednesday, February 5th and on
Thursday, February 6th as well as conducting legislative business.
   Thank you in advance for your prompt attention to this matter. Should
you have any questions, please contact my Chief of Staff Cory Botts
at 319-2073.
              Sincerely,
                           PATRICIA C. BATES, Assembly Member
                           Seventy-third District
                                                    January 31, 2003
The Honorable Herb J. Wesson, Jr.
  Speaker
      California State Assembly
        State Capitol, Room 219
          Sacramento, California
   Dear Mr. Speaker Wesson: I respectfully request that I be excused
from session on Thursday, February 6th, 2003. The purpose is to attend
to legislative business in my district.
   I thank you in advance for your favorable consideration. Should you
have any questions whatsoever, please do not hesitate to contact me.
              Sincerely,
                                    ED CHAVEZ, Assembly Member
                                    Fifty-seventh District
346                      ASSEMBLY JOURNAL                  Feb. 6, 2003
                                                    February 6, 2003
The Honorable Herb Wesson
  Speaker of the California State Assembly
      State Capitol, Room 219
        Sacramento, California
   Dear Mr. Speaker: I respectfully request that I be excused from
check-in on Thursday, February 6, 2003. I will be on legislative business
in the district.
   Thank you for your consideration of this request. If you have any
questions, please contact me at 319-2025.
              Sincerely,
                              DAVE COGDILL, Assembly Member
                              Twenty-fifth District
                                                    February 5, 2003
Honorable Herb J. Wesson, Jr.
  Speaker of the Assembly
      State Capitol, Room 219
        Sacramento, California
   Dear Mr. Speaker: I am respectfully requesting permission to be
excused from Check-In Session and Floor Session on Thursday,
February 6, 2003, due to legislative business in my district.
   I thank you in advance for your consideration of this request and if
you have any questions, please contact me at (916) 319-2051
or (916) 207-5100.
              Sincerely,
                         JEROME E. HORTON, Assembly Member
                         Fifty-first District
                                                    February 4, 2003
The Honorable Herb Wesson
  Speaker
     California State Assembly
        State Capitol—Room 219
          Sacramento, California
   Dear Speaker Wesson: This letter is to ask to be excused from
check-in session, Thursday, February 6th as I will be returning to my
district on legislative business, returning in time for session the next
morning. If you have any questions, please contact me at 319-2078.
   Thank you in advance for your consideration.
              Sincerely,
                         SHIRLEY A. HORTON, Assembly Member
                         Seventy-eighth District
Feb. 6, 2003                 ASSEMBLY JOURNAL                                 347
                                                     February 3, 2003
The Honorable Herb J. Wesson, Jr.
  Speaker of the Assembly
     State Capitol, 219
       Sacramento, California
   Dear Mr. Speaker: I respectfully request to be excused from Check-in
Session, February 6, 2003. I will be in my district attending to
legislative business.
   Thank you for your consideration of this matter. If you have any
questions or concerns, please contact me at 319-2002.
             Sincerely,
                            DOUG LA MALFA, Assembly Member
                            Second District
                                                    February 3, 2003
The Honorable Herb Wesson
  Speaker of the Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Speaker Wesson,
   Please excuse me from Floor Session for legislative business on the
following dates, as I will be attending several important meetings with
constituents in my district:
   Check-In Session on Thursday, February 6
   Regular Session, Friday, February 7.
   Thank you in advance for your assistance in this matter.
             Sincerely,
                                   JAY LA SUER, Assembly Member
                                   Seventy-seventh District
   (NOTE: For letter explaining the absence of Assembly Member Kehoe on this day on
legislative business pursuant to the Assembly Rules, see Assembly Daily Journal for
February 5, 2003.)
                              COMMUNICATIONS
  The following communication was presented by the Chief Clerk, and
ordered printed in the Journal:
                                Per Diem Waiver
                                                    February 5, 2003
The Honorable E. Dotson Wilson
  Chief Clerk, California State Assembly
    State Capitol—Room 3196
       Sacramento, California
  E. Dotson Wilson: Please allow this letter to serve as notice that I am
declining per diem on February 8, 9, & 10th, 2003, as well as
February 15, 16, & 17, 2003.
  Thank you for your consideration of this request. Should you have
any questions please contact Sheri Pemberton of my staff at 319-2053.
            Sincerely,
                          GEORGE NAKANO, Assembly Member
                          Fifty-third District
348                            ASSEMBLY JOURNAL                          Feb. 6, 2003
                        SPECIAL COMMITTEE MEETINGS
   By unanimous consent, the following committees were permitted
to meet:
   Select Committee on Megan’s Law and Sex Offender Registration,
on February 19, 2003, at 9 a.m., in Room 444;
   Judiciary, on March 18, 2003, at 8 a.m., in Room 4202.
               ENGROSSMENT AND ENROLLMENT REPORTS
                                             Assembly Chamber, February 6, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Bill No. 19
  Assembly Bill No. 66
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
   Above bills re-referred to committee.
                    INTRODUCTION AND FIRST READING OF
                             ASSEMBLY BILLS
   The following bills were introduced and read the first time:
   ASSEMBLY BILL NO. 292—Yee (Coauthors: Diaz and Spitzer). An act to add
Section 36 to the Business and Professions Code, to add Section 21.5 to the Civil Code,
to add Section 33.5 to the Code of Civil Procedure, to add Article 8 (commencing with
Section 95) to Chapter 1 of Part 1 of Division 1 of Title 1 of the Education Code, to add
Section 755.6 to the Evidence Code, to add Part 8 (commencing with Section 296) to
Division 2 of the Family Code, to add Section 27 to the Government Code, to add
Section 29 to the Health and Safety Code, to add Section 49 to the Insurance Code, to
add Section 30 to the Labor Code, to add Section 24.5 to the Penal Code, to add Chapter
5 (commencing with Section 1070) to Part 1 of Division 3 of the Probate Code, to add
Section 22 to the Unemployment Insurance Code, and to add Section 26.5 to the Welfare
and Institutions Code, relating to translators and interpreters.
  ASSEMBLY BILL NO. 293—Daucher. An act to add Chapter 7.5 (commencing
with Section 10650) to Part 2 of Division 2 of the Insurance Code, relating to health care
coverage.
  ASSEMBLY BILL NO. 294—Daucher. An act to amend Section 46300.8 of the
Education Code, relating to schools.
  ASSEMBLY BILL NO. 295—Steinberg. An act to amend Sections 17400 and
17432 of the Family Code, relating to child support.
  ASSEMBLY BILL NO. 296—Mullin. An act to amend Section 100620 of the
Education Code, relating to school facilities.
   ASSEMBLY BILL NO. 297—Mullin. An act to add Article 6.7 (commencing with
Section 92685) to Chapter 6 of Part 57 of the Education Code, relating to the University
of California.
  ASSEMBLY BILL NO. 298—Bates. An act to add and repeal Section 56141 of the
Education Code, relating to special education.
  ASSEMBLY BILL NO. 299—Lowenthal and Koretz. An act to add Section
21100.4 to the Vehicle Code, relating to vehicles.
  ASSEMBLY BILL NO. 300—Goldberg (Coauthors: Cohn, Hancock, Liu,
Mullin, Pavley, Plescia, Reyes, and Wyland). An act to amend Sections 8242, 35534,
and 35738 of the Education Code, relating to education.
  ASSEMBLY BILL NO. 301—Reyes. An act to amend Section 27606 of the Vehicle
Code, relating to vehicles.
  ASSEMBLY BILL NO. 302—Chan. An act to add Chapter 10 (commencing with
Section 108920) to Part 3 of Division 104 of the Health and Safety Code, relating to
toxic substances.
Feb. 6, 2003                  ASSEMBLY JOURNAL                                     349
  ASSEMBLY BILL NO. 303—Reyes. An act to add Section 92611.7 to the
Education Code, relating to the University of California.
  ASSEMBLY BILL NO. 304—Mullin. An act to amend Section 51504 of the Health
and Safety Code, relating to housing.
  ASSEMBLY BILL NO. 305—Mullin. An act to amend Section 65915 of the
Government Code, relating to housing.
  ASSEMBLY BILL NO. 306—Kehoe (Coauthors: Hancock, Harman, Laird, and
Nation) (Coauthors: Senators Alpert and Romero). An act to amend Section 521 of,
and to repeal and add Section 523 of, the Water Code, relating to water.
   ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 9—Levine. A resolution
to propose to the people of the State of California an amendment to the Constitution of
the State, by amending Section 4 of Article XIIIA thereof, by amending Section 2 of
Article XIIIC thereof, and by amending Section 3 of Article XIIID thereof, relating to
taxation.
                                   RESOLUTIONS
   The following resolution was offered:
  ASSEMBLY CONCURRENT RESOLUTION NO. 22—Correa (Coauthors:
Bates, Campbell, Chu, Daucher, Harman, La Malfa, Laird, Leno Maddox
Maldonado, Matthews, Montanez, Pacheco, Parra, Reyes, Spitzer, and Yee).
Relative to California Peace Officers’ Memorial Day.
                            AUTHOR’S AMENDMENTS
                             Committee on Judiciary
                                                               February 6, 2003
  Mr. Speaker: The Chair of your Committee on Judiciary reports:
  Assembly Bill No. 29
  Assembly Bill No. 44
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                       CORBETT, Chairwoman
   ASSEMBLY BILL NO. 29—An act to add Section 6302.5 to the Family Code,
relating to protective orders.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
   ASSEMBLY BILL NO. 44—An act to amend Section 366.21 of the Welfare and
Institutions Code, relating to dependent children, and declaring the urgency thereof, to
take effect immediately.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
                            AUTHOR’S AMENDMENTS
                             Committee on Education
                                                              February 6, 2003
  Mr. Speaker: The Chair of your Committee on Education reports:
  Assembly Bill No. 56
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                   GOLDBERG, Chairwoman
350                            ASSEMBLY JOURNAL                          Feb. 6, 2003
   ASSEMBLY BILL NO. 56—An act to amend Sections 46112, 48000, and 48200 of,
to add Sections 46112.1, 48000.1, and 48200.1 to, and to add Article 6.5 (commencing
with Section 8234.10) to Chapter 2 of Part 6 of, the Education Code, relating to children,
and making an appropriation therefor.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
                             AUTHOR’S AMENDMENTS
                              Committee on Education
                                                              February 6, 2003
  Mr. Speaker: The Chair of your Committee on Education reports:
  Assembly Bill No. 86
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                   GOLDBERG, Chairwoman
  ASSEMBLY BILL NO. 86—An act to add Chapter 5 (commencing with Section
35800) and Chapter 6 (commencing with Section 35900) to Part 21 of the Education
Code, relating to education.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
                                   ADJOURNMENT
  At 3 p.m., the Assembly adjourned until 8:30 a.m., Friday,
February 7, 2003.


   HERB J. WESSON, JR., Speaker
                                             PAM CAVILEER, Minute Clerk
Feb. 6, 2003          ASSEMBLY JOURNAL                        351

        AMENDMENTS CONSIDERED BY THE
         ASSEMBLY ON FEBRUARY 6, 2003

The following measures were amended in the Assembly on this day:

                       AB    RN
                        29   0307001
                        44   0306922
                        56   0306928
                        86   0301726
                      Daily Total:         4
                  Cumulative Total:        23
Feb. 7, 2003                     ASSEMBLY JOURNAL                                          353

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                          Friday, February 7, 2003

                       TWENTY-THIRD SESSION DAY

                      SIXTY-EIGHTH CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
354                      ASSEMBLY JOURNAL               Feb. 7, 2003


              PROCEEDINGS OF THE ASSEMBLY

                            IN ASSEMBLY


                             Assembly Chamber, Sacramento
                                       Friday, February 7, 2003
  The Assembly met at 8:30 a.m.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Francesca Vega reading.
                             ROLL CALL
  The roll was called.
                     Quorum Call of the Assembly
  Assembly Member Mountjoy moved a quorum call of the Assembly.
  Motion carried. Time, 8:31 a.m.
  The Speaker pro Tempore directed the Sergeant at Arms to close the
doors, and to bring in the absent Members.
                            Quorum Present
  At 8:44 a.m., Speaker pro Tempore Kehoe declared a quorum of the
Assembly present.
  The roll call was completed, and the following answered to their
names—60:
Aghazarian       Diaz             Leslie           Nation
Bates            Dutra            Levine           Parra
Benoit           Dutton           Lieber           Plescia
Berg             Dymally          Longville        Reyes
Bogh             Garcia           Lowenthal        Ridley-Thomas
Canciamilla      Hancock          Maddox           Runner
Chan             Harman           Maldonado        Salinas
Chavez           Haynes           Matthews         Simitian
Chu              Jackson          Maze             Spitzer
Cogdill          Keene            McCarthy         Steinberg
Cohn             Kehoe            Montanez         Strickland
Corbett          Koretz           Mountjoy         Vargas
Correa           La Malfa         Mullin           Wiggins
Cox              Laird            Nakanishi        Wolk
Daucher          Leno             Nakano           Mr. Speaker
Feb. 7, 2003             ASSEMBLY JOURNAL                            355
                                PRAYER
   Upon invitation of Speaker pro Tempore Kehoe, the following
prayer was offered by Assembly Member John Dutra, of the
20th Assembly District:
   Heavenly Father, Your gift is love, and in all our deliberations we
would be aware that peace and happiness come not from what we have,
but what we share. Help us in our laws to share the grace and blessings
of Your Spirit with one another.—AMEN.
                PLEDGE OF ALLEGIANCE TO THE FLAG
  Upon request of Speaker pro Tempore Kehoe, Assembly Member
Dymally then led the Assembly in the pledge of allegiance to the Flag.
        MOTION TO DISPENSE WITH READING OF THE JOURNAL
   Further reading of the Journal of the previous legislative day was
dispensed with on motion of Assembly Member Chan, seconded by
Assembly Member Cogdill.
                  LEAVES OF ABSENCE FOR THE DAY
  By unanimous consent, the following Assembly Members were
granted leaves of absence for the day:
  On legislative business: Assembly Members Bermudez, Calderon,
Campbell, Firebaugh, Frommer, Goldberg, Jerome E. Horton, Houston,
La Suer, Liu, Negrete McLeod, Nunez, Oropeza, Pacheco, Pavley,
Richman, Samuelian, and Yee.
  On personal business, and waiving per diem: Assembly Members
Shirley Horton and Wyland.
                     EXPLANATIONS OF ABSENCE
   Pursuant to the Assembly Rules, the following explanations of
absence were ordered printed in the Journal:
                                                      February 7, 2003
The Honorable Herb Wesson
  Speaker of the Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker: This letter is to respectfully request your approval
to be excused from Floor Session today, February 7, 2003, for
legislative business in my district.
   Your favorable consideration in this matter would be greatly
appreciated. If you have any questions, please do not hesitate to
contact me.
             Respectfully yours,
                           RUDY BERMUDEZ, Assembly Member
                           Fifty-sixth District
356                      ASSEMBLY JOURNAL                   Feb. 7, 2003
                                                   February 4, 2003
The Honorable Herb J. Wesson, Jr.
  Speaker of the Assembly
     State Capitol
        Sacramento, California
   Dear Mr. Speaker: I am writing today to request to be excused from
Session, Friday, February 7, 2003 to attend legislative business in my
district office. If you have any questions please contact Tiffany
Morrison at (916) 319-2058.
             Sincerely,
                     RONALD S. CALDERON, Assembly Member
                     Fifty-eighth District
                                                    February 3, 2003
The Honorable Herb Wesson
  Speaker of the Assembly
    State Capitol, Room 219
       Sacramento, California
  Dear Speaker Wesson: I respectfully request permission to travel to
my district Thursday, February 6, 2003 and be excused from Assembly
Floor Session on Friday, February 7, 2003 due to legislative business in
my district.
  Thank you for your consideration of this request. If you have any
questions, please do not hesitate to contact me at (916) 319-2070.
             Sincerely,
                           JOHN CAMPBELL, Assembly Member
                           Seventieth District
                                                    January 29, 2003
The Honorable Herb J. Wesson, Jr.
   Speaker of the Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker: I respectfully request to be excused from check-in
session on Friday, February 7, 2003. I have been invited to participate in
a tour of La Rosita power generating facility in Mexicali, Baja.
   Thank you in advance for your consideration. If you have any
questions or comments, I can be reached at (916) 319-2050.
             Sincerely,
              MARCO ANTONIO FIREBAUGH, Assembly Member
              Fiftieth District
Feb. 7, 2003            ASSEMBLY JOURNAL                          357
                                                 January 21, 2003
The Honorable Herb Wesson, Jr.
  Speaker of the Assembly
     State Capitol Building, Room 219
       Sacramento, California
   Dear Mr. Speaker: I respectfully request permission to be excused
from session check-in on Friday, February 7, 2003. I will be on
legislative business in my District Office.
   Thank you for your attention to this request. If you have any
questions, please telephone my scheduler, Maria Campos, at 319-2043.
             Sincerely,
                           DARIO FROMMER, Assembly Member
                           Forty-third District
                                                   February 6, 2003
Speaker Herb Wesson
  State Capitol
    Sacramento, California
   Dear Mr. Speaker: This letter will serve as a request to be excused
from session on legislative business on Friday, February 7, 2003.
   Should you have any questions please do not hesitate to contact my
Executive Assistant Bertha Mardueño at ext. 2045.
            Sincerely,
                         JACKIE GOLDBERG, Assembly Member
                         Forty-fifth District
                                                    January 31, 2003
The Honorable Herb J. Wesson, Jr.
  Speaker of the Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker: I am respectfully requesting permission to be
excused from Assembly Floor Session on Friday, February 7, 2003, due
to legislative business. I will be returning to Sacramento on Tuesday,
February 11, 2003, in time for Assembly Floor Session.
   I thank you in advance for your consideration of this request
and if you have any questions, please contact me at (916) 319-2051
or (916) 207-5100.
              Sincerely,
                          JEROME E. HORTON, Assembly Member
                          Fifty-first District
358                     ASSEMBLY JOURNAL                  Feb. 7, 2003
                                                    January 30, 2003
The Honorable Herb Wesson
   Speaker, California State Assembly
     State Capitol
        Sacramento, California
   Dear Mr. Speaker: I respectfully request to be excused from Session
on Friday, February 7, 2003 due to legislative business and staff
meetings in the district.
   If you have any questions, please contact Sarah Sprouse in my office
at 319-2015. Thank you for your consideration of this request.
             Sincerely,
                               GUY HOUSTON, Assembly Member
                               Fifteenth District
                                                   January 22, 2003
The Honorable Herb Wesson
  Speaker of the California Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker: I am requesting permission to be excused from
Check-In Session on Friday, February 7th so that I may attend to
legislative matters in the Bay Area.
   Any questions you may have regarding this request may be directed
to my assistant, Janet Lopez, at 319-2832.
   Thank you for your favorable consideration of this request.
             Sincerely,
                                   CAROL LIU, Assembly Member
                                   Forty-fourth District
                                                 January 31, 2003
The Honorable Herb J. Wesson, Jr.
  Speaker of the Assembly
    State Capitol, Room 219
      Sacramento, California
   Dear Mr. Speaker: I respectfully request permission to be excused
from session on Friday, February 7, 2003. I will be in my district
conducting legislative business.
            Respectfully,
               GLORIA NEGRETE MCLEOD, Assembly Member
               Sixty-first District
Feb. 7, 2003             ASSEMBLY JOURNAL                           359
                                                  February 3, 2003
The Honorable Herb J. Wesson, Jr.
  Speaker of the Assembly
     State Capitol, Room 219
       Sacramento, California
  Dear Mr. Speaker: I respectfully request that I be excused from
session on Friday, February 7, 2003 in order to conduct legislative
business in my district.
  Your courtesy and cooperation with regard to the above is greatly
appreciated.
             Sincerely,
                             FABIAN NUÑEZ, Assembly Member
                             Forty-sixth District
                                                     January 30, 2003
The Honorable Herb J. Wesson, Jr., Speaker
  California State Assembly
    State Capitol, Room 219
       Sacramento, California
  Dear Mr. Speaker: I am writing to request to be excused from Session
on February 7, 2003, so that I may attend to legislative business in
my District.
  Please contact my Chief of Staff, Val Dolcini, if you have any further
questions regarding this matter.
             Sincerely,
                           JENNY OROPEZA, Assembly Member
                           Fifty-fifth District
                                                   February 6, 2003
The Honorable Herb Wesson, Speaker
  California State Assembly
    State Capitol, Room 219
      Sacramento, California
  Dear Speaker Wesson: I respectfully request that I be excused from
Assembly Session for Friday, February 7, 2003. I have legislative
business in my district that requires my attendance and will
unfortunately prevent me from attending floor session. Should you have
any questions regarding my absence, please do not hesitate to contact
my office at (916) 319-2060.
  Thank you in advance for your consideration of this matter.
            Sincerely,
                              BOB PACHECO, Assembly Member
                              Sixtieth District
360                      ASSEMBLY JOURNAL                  Feb. 7, 2003
                                                      January 29, 2003
The Honorable Herb J. Wesson, Jr.
  Speaker of the Assembly
    State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker: I respectfully request permission to be excused
from Assembly Floor Session on Friday, February 7, 2003. I have
several very important district events to attend that I can not miss.
   Thank you for you assistance. Please contact my office should any
questions arise.
             Sincerely,
                                 FRAN PAVLEY, Assembly Member
                                 Forty-first District
                                                  February 6, 2003
The Honorable Herb Wesson
  Speaker of the Assembly
    State Capitol, Room 219
       Sacramento, California
  Dear Mr. Speaker: I respectfully request to be excused from session
on February 7, 2003. I will be in the district on legislative business
meeting with federal officials regarding the Los Angeles County
healthcare system.
  Thank you for your prompt attention to this matter. If you have any
questions please contact Connie Bosserman in my office at 319-2038.
            Sincerely,
                   KEITH S. RICHMAN, M.D., Assembly Member
                   Thirty-eighth District
                                                    January 30, 2003
The Honorable Herb J. Wesson, Jr.
  Speaker of the Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Speaker Wesson: I am respectfully requesting to be excused
from Session on Friday, February 7th. I will be in Fresno on Legislative
Business.
   Should you have any questions regarding my absence, please do not
hesitate to contact my office at (916) 319-2029.
   Thank you in advance for your consideration in this matter.
             Sincerely,
                         STEVE SAMUELIAN, Assembly Member
                         Twenty-ninth District
Feb. 7, 2003                  ASSEMBLY JOURNAL                                   361
                                                     January 30, 2003
Speaker Herb Wesson
  California State Assembly
     Room 219, State Capitol
        Sacramento, California
   Dear Speaker Wesson: I respectfully request that I be excused from
the Assembly floor session on Friday, February 7th. I will be in my
district during that time attending to legislative business.
              Sincerely,
                         LELAND Y. YEE, PH.D., Assembly Member
                         Twelfth District
  (NOTE: For letter explaining the absence of Assembly Member La Suer on this day
on legislative business pursuant to the Assembly Rules, see Assembly Daily Journal for
February 6, 2003.)
                               COMMUNICATIONS
  The following communications were presented by the Speaker, and
ordered printed in the Journal:
                                              February 4, 2003
Mr. E. Dotson Wilson
  Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
   RE:   Appointment of Nicole Parra
         to Commission of the Californias
  Dear Mr. Wilson: Please be advised I have appointed
Assemblymember Nicole Parra to the Commission of the Californias.
This is a pleasure term appointment starting February 4, 2003 and the
expiration date is February 4, 2007. Assemblymember Parra will be
replacing Assemblymember Charlene Zettel.
             Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
                                                              February 5 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
   RE:   Appointment of Janice Pober
         to California State Summer School for the Arts
         Board of Trustees
  Dear Mr. Wilson: Please be advised I have appointed Ms. Janice
Pober to the California State Summer School for the Arts Board of
Trustees. This is a term appointment starting February 8, 2003 and the
expiration date is February 7, 2006. Ms. Pober will be replacing
Mr. Alan Schwartz.
             Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
362                     ASSEMBLY JOURNAL                  Feb. 7, 2003
                                                   February 5, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:    Appointment of Carol Liu
         to Seismic Safety Commission
   Dear Mr. Wilson: Please be advised I have appointed
Assemblymember Carol Liu to the Seismic Safety Commission. This
is a term appointment starting February 5, 2003 and the expiration
date is May 15, 2003. Assemblymember Liu will be replacing
Assemblymember Elaine Alquist.
             Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
                                                   February 6, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:    Appointment of Carol Liu
         to California Policy Research Center Steering Committee
  Dear Mr. Wilson: Please be advised I have appointed
Assemblymember Carol Liu to the California Policy Research Center
Steering Committee. This is a pleasure appointment starting February 6,
2003. Assemblymember Liu will be replacing Assemblymember
Dion Aroner.
             Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
                                                   February 6, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:   Reappointment of Sarah Reyes
        to California Policy Research Center Steering Committee
  Dear Mr. Wilson: Please be advised I have reappointed
Assemblymember Sarah Reyes to the California Policy Research
Center Steering Committee. This is a pleasure appointment starting
February 6, 2003.
            Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
Feb. 7, 2003           ASSEMBLY JOURNAL                       363
                                               February 6, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:   Appointment of Walter Rozett
        to Continuing Care Advisory Committee
  Dear Mr. Wilson: Please be advised I have appointed Mr. Walter
Rozette to the Continuing Care Advisory Committee. This is a term
appointment starting February 6, 2003 and the expiration date is
January 1, 2005. Mr. Rozett will be replacing Ms. Delores Zurita.
            Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
                                               February 6, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:  Appointment of Wilma Chan and Fabian Nuñez
       to State Public Works Board
  Dear Mr. Wilson: Please be advised I have appointed
Assemblymembers Wilma Chan and Fabian Nuñez to the State Public
Works Board. These are pleasure appointments starting February 6,
2003. Assemblymember Chan will be replacing Assemblymember
Kevin Shelley and Assemblymember Nuñez will be replacing
Assemblymember Sally Havice.
           Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                               February 6, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:    Reappointment of Darrell Steinberg
         to State Public Works Board
  Dear Mr. Wilson: Please be advised I have reappointed
Assemblymember Darrell Steinberg to the State Public Works Board.
This is a pleasure appointment starting February 6, 2003.
             Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
364                     ASSEMBLY JOURNAL                Feb. 7, 2003
                                                 February 6, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:     Appointment of Gloria Negrete McLeod and Cindy Montañez
          Commission on the Status of Women
   Dear Mr. Wilson: Please be advised I have appointed
Assemblymembers Gloria Negrete McLeod and Cindy Montañez to the
Commission on the Status of Women. These are pleasure appointments
starting February 6, 2003. Assemblymember McLeod will be replacing
Assemblymember Howard Wayne and Assemblymember Montañez
will be replacing Assemblymember Elaine Alquist.
             Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
                                                 February 6, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:  Reappointment of Patricia Wiggins
       to Commission on the Status of Women
  Dear Mr. Wilson: Please be advised I have reappointed
Assemblymember Patricia Wiggins to the Commission on the Status of
Women. This is a pleasure appointment starting February 6, 2003.
           Sincerely,
                              HERB J. WESSON, JR.
                              Speaker of the California Assembly
                                                 February 6, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:   Appointment of Patty Berg
        to Western States Legislative Forestry Task Force
  Dear Mr. Wilson: Please be advised I have appointed
Assemblymember Patty Berg to the Western States Legislative Forestry
Task Force. This is a pleasure appointment starting February 6, 2003.
Assemblymember Berg will be replacing Assemblymember Virginia
Strom-Martin.
            Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
Feb. 7, 2003               ASSEMBLY JOURNAL                              365
                                                       February 6, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:   Reappointment of Tim Leslie
        to Western States Legislative Forestry Task Force
  Dear Mr. Wilson: Please be advised I have reappointed
Assemblymember Tim Leslie to the Western States Legislative Forestry
Task Force. This is a pleasure appointment starting February 6, 2003.
            Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly

  The following communication was presented by the Chief Clerk, and
ordered printed in the Journal:
                                                  February 5, 2003
The Honorable Joe Nation, Chair
  Joint Rules Committee
     State Capitol, Room 3013
       Sacramento, California
   Dear Mr. Nation: The Senate Rules Committee has appointed the
following members to serve on the Joint Legislative Audit Committee:
Senators Alarcon, Florez, McClintock, Morrow, Murray, Poochigian
and Speier.
             Sincerely,
                                               JOHN L. BURTON
                                               Chairman
                                 REPORTS
  The following reports were presented by the Chief Clerk:
        California State Fuel-Efficient Tire Program Report: Volume 1,
                Summary of Findings and Recommendations
                      and Volume 2, a Consultant Report
                         (Pursuant to Senate Bill 1170
         Chapter 912, Subchapter 8.3, Section 25723, Statutes 2001)
  Above transmitted report, together with letter of transmittal from
William J. Keese, Chairman, California Energy Commission, dated
January 31, 2003, referred by the Speaker to the Committee
on Transportation.
    Implementation and Status of the Special Faculty Permit Program
      (Pursuant to Business and Professions Code Section 2168.5)
  Above transmitted report, together with letter of transmittal from
Ron Joseph, Executive Director, Medical Board of California, dated
December 31, 2002, referred by the Speaker to the Committee
on Health.
366                       ASSEMBLY JOURNAL                     Feb. 7, 2003
           Disabled Veterans Business Enterprise Participation
                         2001–02 Annual Report
   Above transmitted report, together with letter of transmittal from
Steve Coony, Chief Deputy Attorney General, Administration and
Policy, Office of Attorney General, dated January 14, 2003, referred by
the Speaker to the Committee on Utilities and Commerce.
                        General Plan Involving the
               Sale of State School Land in Lassen County
            (Pursuant to Public Resources Code, Section 6373)
  Above transmitted report, together with letter of transmittal from
Paul D. Thayer, Executive Officer, California State Lands Commission,
dated January 22, 2003, referred by the Speaker to the Committee on
Natural Resources.
                Menningococcal Disease Prevention Plan
                   (Pursuant to Health and Safety Code
        Chapter 1.1, Section 120381, Part 2 of Division 105 in 2001)
  Above transmitted report, together with letter of transmittal from
Diana M. Bonta, R.N., Dr. P. H., Director, Department of Health
Services, dated January 28, 2003, referred by the Speaker to the
Committee on Health.
      2001–2002 Vocational and Technical Education Carryover Funds
                      (Pursuant to 2002 Budget Act)
  Above transmitted report, together with letter of transmittal from
B. Teri Burns, Deputy Superintendent, Department of Education, dated
January 30, 2003, referred by the Speaker to the Committee on Budget.
       Quarterly Report Concerning the Renewable Energy Program
               October 1, 2002 through December 31, 2002
        (Pursuant to Public Utilities Code, Article 5, Section 445(g))
   Above transmitted report, together with letter of transmittal from
John L. Geesman, Commissioner and Presiding Member, Renewables
Committee, California Energy Commission, dated January 29, 2003,
referred by the Speaker to the Committee on Utilities and Commerce.
                    Online Campaign Disclosure Report
       (Pursuant to Assembly Bill 696, Chapter 917, Statutes of 2001)
   Above transmitted report, together with letter of transmittal from
Kevin Shelley, Secretary of State, dated January 31, 2003, referred by
the Speaker to the Committee on Elections, Redistricting and
Constitutional Amendments.
          Annual Progress Report Adaptability: Achievements in
      Conservation, Recycling and Groundwater Recharge Programs
        (Pursuant to Senate Bill 60, Chapter 415, Statutes of 1999)
   Above transmitted report, together with letter of transmittal from
Kathleen Cole, Legislative Representative, Metropolitan Water District
of Southern California, dated February 1, 2003, referred by the Speaker
to the Committee on Water, Parks and Wildlife.
                     2001/2002 Contracting Report for
            Disabled Veteran Business Enterprise Participation
          (Pursuant to Military and Veterans Code Section 999.7)
  Above transmitted report, together with letter of transmittal from
Claire Lillie, Associate Governmental Program Analyst, California
Student Aid Commission, dated February 3, 2003, referred by the
Speaker to the Committee on Utilities and Commerce.
Feb. 7, 2003                ASSEMBLY JOURNAL                                 367
               ENGROSSMENT AND ENROLLMENT REPORTS
                                             Assembly Chamber, February 7, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Bill No. 29                         Assembly Bill No. 56
  Assembly Bill No. 44                         Assembly Bill No. 86
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
  Above bills re-referred to committee.
                   REFERENCE OF BILLS TO COMMITTEE
   Pursuant to the Assembly Rules, the following bills were referred
to committee:
  Assembly
    Bill No.                         Committee
     185 – – – – – – – – – – – – Agri.
     194 – – – – – – – – – – – – Hum. S.
     204 – – – – – – – – – – – – Nat. Res. and Trans.
     211 – – – – – – – – – – – – Rev. & Tax.
     212 – – – – – – – – – – – – Ed.
     213 – – – – – – – – – – – – Trans.
     214 – – – – – – – – – – – – Rev. & Tax.
     216 – – – – – – – – – – – – Health and G.O.
     217 – – – – – – – – – – – – Ed.
     218 – – – – – – – – – – – – L. Gov.
     220 – – – – – – – – – – – – P.E.,R. & S.S.
     222 – – – – – – – – – – – – L. Gov.
     223 – – – – – – – – – – – – L. & E.
     224 – – – – – – – – – – – – B. & P. and Jud.
     225 – – – – – – – – – – – – Ed.
     226 – – – – – – – – – – – – Ins.
     227 – – – – – – – – – – – – Ins. and B. & F.
     228 – – – – – – – – – – – – Ed.
     230 – – – – – – – – – – – – Pub. S.
     231 – – – – – – – – – – – – Hum. S.
     232 – – – – – – – – – – – – Health
     233 – – – – – – – – – – – – Pub. S.
     234 – – – – – – – – – – – – Rev. & Tax.
     235 – – – – – – – – – – – – Ed.
     236 – – – – – – – – – – – – B. & P.
     237 – – – – – – – – – – – – Ins.
     239 – – – – – – – – – – – – Pub. S.
     240 – – – – – – – – – – – – Nat. Res.
     241 – – – – – – – – – – – – L. Gov.
     242 – – – – – – – – – – – – Ed. and Higher Ed.
Assembly Joint
Resolution No.                       Committee
         6 – – – – – – – – – – – – Jud.
368                        ASSEMBLY JOURNAL                      Feb. 7, 2003
                 REPORTS OF STANDING COMMITTEES
                             Committee on Rules
                                            Date of Hearing: February 7, 2003
 Mr. Speaker: Your Committee on Rules reports:
 Assembly Concurrent Resolution No. 18
With the recommendation: Be adopted.
                                                          NATION, Chairman
  Above resolution ordered to third reading.
                                            Date of Hearing: February 7, 2003
 Mr. Speaker: Your Committee on Rules reports:
 House Resolution No. 11
With the recommendation: Be adopted.
                                                          NATION, Chairman
  Above resolution ordered to third reading.
                     REQUEST FOR PHOTOGRAPHER
  Assembly Member Garcia was granted unanimous consent that a
photographer be permitted on the Floor of the Assembly.
                     SPECIAL COMMITTEE MEETINGS
  Assembly Member Chan was granted unanimous consent that the
Committee on Arts, Entertainment, Sports, Tourism, and Internet Media
be permitted to convene jointly with the Joint Committee on the Arts,
today, at 10 a.m., in Room 4203, and that Joint Rule 62(a) be waived.
                           ADJOURN IN MEMORY
   Assembly Member Plescia was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Michael Rene Pouliot, of Poway.
  (Assembly Rule 45.5 suspended.)
                                    RECESS
  By unanimous consent, at 8:55 a.m., Speaker pro Tempore Kehoe
declared the Assembly recessed.
                               RECONVENED
  At 8:56 a.m., the Assembly reconvened.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
                           ADJOURN IN MEMORY
   Assembly Member Cox was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of George Dupray, of Fair Oaks.
  (Assembly Rule 45.5 suspended.)
Feb. 7, 2003             ASSEMBLY JOURNAL                          369
               CONSIDERATION OF DAILY FILE
             THIRD READING OF ASSEMBLY BILLS
  HOUSE RESOLUTION NO. 13 (Strickland)—Relative to Ronald Reagan’s
Birthday.
  Resolution read.
                     Assembly Rule 112 Suspended
   Assembly Member Bogh was granted unanimous consent that
Assembly Rule 112 be temporarily suspended for the purpose of reading
a paper on the Floor.
         Members Made Coauthors of House Resolution No. 13
   Assembly Member Strickland was granted unanimous consent to
open the roll for the purpose of permitting Members to add as coauthors
of House Resolution No. 13.
                               Roll Call
  The following Assembly Members indicated a desire to become
coauthors:
  Aghazarian, Bates, Benoit, Berg, Bogh, Canciamilla, Chavez,
Cogdill, Corbett, Correa, Cox, Daucher, Diaz, Dutra, Dutton, Dymally,
Garcia, Harman, Haynes, Jackson, Keene, Kehoe, La Malfa, Laird,
Leno, Leslie, Levine, Longville, Lowenthal, Maddox, Maldonado,
Matthews, Maze, McCarthy, Mountjoy, Mullin, Nakanishi, Nakano,
Parra, Plescia, Reyes, Runner, Salinas, Spitzer, Steinberg, Vargas,
Wesson, Wiggins, and Wolk.
                     Request for Unanimous Consent
   Assembly Member Strickland was granted unanimous consent to
take up House Resolution No. 13, as amended, without reference to
print or file.
       Consideration of House Resolution No. 13, as Amended
  HOUSE RESOLUTION NO. 13—Relative to Ronald Reagan’s Birthday.
  Resolution read, as amended, and adopted.
                         ADJOURN IN MEMORY
   Assembly Member Corbett was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Kayode Daodu, of San Leandro; and Don Pickinpaugh,
of Fremont.
   Assembly Member Jackson was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Burt Henson, of Ventura; Molly Lyon, of Newport Beach;
and Martha K. Smith, of Oxnard.
   Speaker pro Tempore Kehoe was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Patricia Barnes, of San Diego.
                         MOTION TO ADJOURN
  At 9:12 a.m., Assembly Member Chan moved that the Assembly do
now adjourn.
  Assembly Member Mountjoy seconded the motion.
  Motion carried.
370                           ASSEMBLY JOURNAL                          Feb. 7, 2003
            QUORUM CALL OF THE ASSEMBLY DISPENSED WITH
   At 9:12 a.m., Speaker pro Tempore Kehoe declared the quorum call
of the Assembly dispensed with.
                   INTRODUCTION AND FIRST READING OF
                            ASSEMBLY BILLS
   The following bills were introduced and read the first time:
   ASSEMBLY BILL NO. 307—Maddox. An act to amend Sections 69432 and
69433.5 of, and to add Article 6.5 (commencing with Section 69439.5) to Chapter 1.7
of Part 42 of, the Education Code, relating to student financial aid.
  ASSEMBLY BILL NO. 308—Montanez. An act to amend Section 699.510 of the
Code of Civil Procedure, relating to money judgments.
   ASSEMBLY BILL NO. 309—Chu. An act to amend Section 1632 of the Civil Code,
relating to contracts.
  ASSEMBLY BILL NO. 310—Kehoe (Coauthor: Goldberg). An act to add
Sections 45062, 45168.5, 87835, and 88167.5 to the Education Code, relating to school
employees.
  ASSEMBLY BILL NO. 311—Shirley Horton (Principal coauthor: Senator
Florez). An act to add Section 13885.9 to the Penal Code, relating to sex offenders, and
declaring the urgency thereof, to take effect immediately.
  ASSEMBLY BILL NO. 312—Spitzer. An act to amend Section 933 of the Penal
Code, relating to grand juries.
  ASSEMBLY BILL NO. 313—Dutra. An act to repeal Section 50707 of the
Financial Code, relating to mortgage lending.
   ASSEMBLY BILL NO. 314—Kehoe (Coauthors: Hancock and Plescia). An act
to add Section 111 to the Water Code, relating to water.
  ASSEMBLY BILL NO. 315—Salinas. An act to amend Sections 52323, 52324, and
52325 of the Food and Agricultural Code, relating to agriculture, and making an
appropriation therefor.
  ASSEMBLY BILL NO. 316—Salinas. An act relating to health.
  ASSEMBLY BILL NO. 317—Salinas. An act to amend Section 78636 of the Food
and Agricultural Code, relating to food and agriculture.
  ASSEMBLY BILL NO. 318—Haynes. An act to add Section 2000 to the
Government Code, relating to state agency finances.
  ASSEMBLY BILL NO. 319—Frommer and Jerome Horton. An act to amend
Section 12021 of the Penal Code, relating to firearms.
  ASSEMBLY BILL NO. 320–Correa. An act to amend Section 1770 of the Civil
Code, relating to deceptive practices.
  ASSEMBLY BILL NO. 321—Cogdill. An act relating to health care.
  ASSEMBLY BILL NO. 322—Parra. An act to amend Sections 205.5 and 279 of the
Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.
  ASSEMBLY BILL NO. 323—Parra. An act to amend Section 999 of the Military
and Veterans Code, relating to veterans.
   ASSEMBLY BILL NO. 324—Diaz. An act to amend Sections 1771.5 and 1771.7 of
the Labor Code, relating to public works.
  ASSEMBLY BILL NO. 325—Cogdill. An act relating to murder.
  ASSEMBLY BILL NO. 326—Dutton. An act to amend Section 30801 of the Food
and Agricultural Code, relating to animals.
   ASSEMBLY BILL NO. 327—Runner. An act to amend Sections 4461 and 42001.5
of, and to add Section 42001.7 to, the Vehicle Code, relating to vehicles.
Feb. 7, 2003                 ASSEMBLY JOURNAL                                  371
  ASSEMBLY BILL NO. 328—Mullin. An act to amend Section 56836.08 of the
Education Code, relating to special education.
  ASSEMBLY BILL NO. 329—Parra. An act to add Sections 14901.5, 14925.5,
14931.5, 15058, 15058.2, 15058.5, 15058.7, 15058.8, 15058.9, 15059, 15059.5,
15059.6, 15059.7, 15059.8, 15059, 15059.5, 15059.6, 15059.7, and 15059.8 to the Food
and Agricultural Code, relating to animal nutrition, and making an appropriation
therefor.
  ASSEMBLY BILL NO. 330—Parra. An act to amend Section 512 of the Labor
Code, relating to employment.
  ASSEMBLY BILL NO. 331—Kehoe. An act to amend Section 1253 of the
Unemployment Insurance Code, relating to unemployment insurance.
  ASSEMBLY BILL NO. 332—Mullin. An act to amend Sections 21670, 21676,
21676.5, 21677, and 21678 of the Public Utilities Code, relating to airports.
  ASSEMBLY BILL NO. 333—Mullin. An act relating to housing.
  ASSEMBLY BILL NO. 334—Goldberg. An act relating to water.
  ASSEMBLY BILL NO. 335—Mullin. An act to amend Section 69997 of the
Education Code, relating to scholarships.
  ASSEMBLY BILL NO. 336—Parra. An act to amend Section 12806 of the Penal
Code, relating to handgun safety certificates.
                                 RESOLUTIONS
  The following resolutions were offered:
  ASSEMBLY CONCURRENT RESOLUTION NO. 23—Jerome Horton,
Dymally, Longville, and Wesson (Coauthor: Ridley-Thomas) (Coauthors:
Senators Murray and Vincent). Relative to Black History Month.
  ASSEMBLY CONCURRENT RESOLUTION NO. 24—Mountjoy. Relative to
Blue Star Families Week.
  ASSEMBLY CONCURRENT RESOLUTION NO. 25—Nation. Relative to
National Engineers Week.
                       MESSAGES FROM THE SENATE
                                              Senate Chamber, February 7, 2003
  Mr. Speaker: I am directed to inform your honorable body that the Senate on this
day adopted:
  Senate Concurrent Resolution No. 7
  Senate Concurrent Resolution No. 9
                                GREGORY P. SCHMIDT, Secretary of the Senate
                                By John W. Rovane, Assistant Secretary
                      FIRST READING OF SENATE BILLS
  The following resolutions were read:
  SENATE CONCURRENT RESOLUTION NO. 7—Relative to Ronald Reagan
Day.
  SENATE CONCURRENT RESOLUTION NO. 9—Relative to the Space Shuttle
Columbia.
372                     ASSEMBLY JOURNAL                  Feb. 7, 2003
                           ADJOURNMENT
   At 3 p.m., pursuant to the motion by Assembly Member Chan, the
Assembly adjourned until 11 a.m., Tuesday, February 11, 2003, out of
respect to the memory of Michael Rene Pouliot, on motion of Assembly
Member Plescia; out of respect to the memory of George Dupray,
on motion of Assembly Member Cox; out of respect to the memory
of Kayode Daodu and Don Pickinpaugh, on motion of Assembly
Member Corbett; out of respect to the memory of Burt Henson,
Molly Lyon, and Martha K. Smith, on motion of Assembly Member
Jackson; and out of respect to the memory of Patricia Barnes, on motion
of Speaker pro Tempore Kehoe.


  HERB J. WESSON, JR., Speaker
                                   PAM CAVILEER, Minute Clerk
Feb. 11, 2003                    ASSEMBLY JOURNAL                                          373

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                       Tuesday, February 11, 2003

                     TWENTY-FOURTH SESSION DAY

                  SEVENTY-SECOND CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
374                      ASSEMBLY JOURNAL              Feb. 11, 2003


              PROCEEDINGS OF THE ASSEMBLY

                            IN ASSEMBLY


                             Assembly Chamber, Sacramento
                                     Tuesday, February 11, 2003
  The Assembly met at 11 a.m.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Brian Ebbert reading.
                               ROLL CALL
  The roll was called.
                     Quorum Call of the Assembly
  Assembly Member Firebaugh moved a quorum call of the Assembly.
  Motion carried. Time, 11:01 a.m.
  The Speaker pro Tempore directed the Sergeant at Arms to close the
doors, and to bring in the absent Members.
                            Quorum Present
  At 11:13 a.m., Speaker pro Tempore Kehoe declared a quorum of the
Assembly present.
  The roll call was completed, and the following answered to their
names—75:
Aghazarian       Dutton            Leslie           Pacheco
Bates            Dymally           Levine           Parra
Benoit           Firebaugh         Lieber           Pavley
Berg             Frommer           Liu              Plescia
Bermudez         Garcia            Longville        Reyes
Bogh             Goldberg          Lowenthal        Richman
Calderon         Harman            Maldonado        Ridley-Thomas
Campbell         Haynes            Matthews         Salinas
Canciamilla      Horton, Jerome    Maze             Samuelian
Chan             Horton, Shirley   McCarthy         Simitian
Chavez           Houston           Montanez         Spitzer
Chu              Jackson           Mountjoy         Steinberg
Cogdill          Keene             Mullin           Strickland
Cohn             Kehoe             Nakanishi        Vargas
Correa           Koretz            Nakano           Wolk
Cox              La Malfa          Nation           Wyland
Daucher          La Suer           Negrete McLeod   Yee
Diaz             Laird             Nunez            Mr. Speaker
Dutra            Leno              Oropeza
Feb. 11, 2003            ASSEMBLY JOURNAL                             375
                                PRAYER
   Upon invitation of Speaker pro Tempore Kehoe, the following prayer
was offered by Assembly Chaplain Rev. Constantine C. Pappademos:
   O Lord, You have taught us that without love, all our
accomplishments are worth nothing. Send us Your Holy Spirit and pour
into our hearts that most excellent gift of love, the very bond of peace
and of all virtues.—AMEN.
                PLEDGE OF ALLEGIANCE TO THE FLAG
  Upon request of Speaker pro Tempore Kehoe, Assembly Member
Goldberg then led the Assembly in the pledge of allegiance to the Flag.
        MOTION TO DISPENSE WITH READING OF THE JOURNAL
   Further reading of the Journal of the previous legislative day was
dispensed with on motion of Assembly Member Firebaugh, seconded
by Assembly Member Cogdill.
                  LEAVES OF ABSENCE FOR THE DAY
  By unanimous consent, the following Assembly Members were
granted leaves of absence for the day:
  On legislative business: Assembly Members Corbett, Hancock,
Maddox, and Wiggins.
  Because of travel delays: Assembly Member Runner.
                     EXPLANATIONS OF ABSENCE
   Pursuant to the Assembly Rules, the following explanations of
absence were ordered printed in the Journal:
                                                    February 7, 2003
The Honorable Herb Wesson
  Speaker of the Assembly
    State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker: I would like to request permission to be excused
from Session on Tuesday, February 11, 2003 due to legislative business.
   Thank you for your consideration of this matter. If you have any
questions or concerns, please feel free to call me at (916) 319-2018.
            Sincerely,
                        ELLEN M. CORBETT, Assembly Member
                        Eighteenth District
                                                    January 22, 2003
The Honorable Herb Wesson, Jr.
  Speaker of the Assembly
    Room 219
      State Capitol
  Dear Mr. Speaker: I respectfully request an excused absence from
Session on February 11, 2003. I have legislative business in the District.
            Sincerely,
                            LONI HANCOCK, Assembly Member
                            Fourteenth District
376                     ASSEMBLY JOURNAL                 Feb. 11, 2003
                                                  February 3, 2003
The Honorable Herb Wesson
  Speaker of the California State Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker: I respectfully request authorization to be absent
from session on Tuesday, February 11th. I will be in my district on
legislative business.
   Thank you for your consideration of my request.
             Sincerely,
                              KEN MADDOX, Assembly Member
                              Sixty-eighth District
                                                   February 11, 2003
The Honorable Herb Wesson
   Speaker of the State Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Speaker Wesson: I am writing to request an excused absence
from session today, February 11, 2003 due to unavoidable traffic delays
on State Route 14 in my district.
   Thank you for your favorable consideration of this request. Should
you have any questions, please contact Will Smith, Chief of Staff
at 319-2036.
             Sincerely,
                             SHARON RUNNER, Assembly Member
                             Thirty-sixth District
                                                    February 11, 2003
The Honorable Herb Wesson
  Speaker of the California Assembly
     State Capitol
       Sacramento, California
   Dear Assemblymember Wesson: This letter serves as a request to be
excused from Assembly Session on Tuesday, February 11, 2003 on
legislative business in my district.
   Your attention to this matter is greatly appreciated.
             Sincerely,
                             PATRICIA WIGGINS, Assembly Member
                             Seventh District
Feb. 11, 2003             ASSEMBLY JOURNAL                           377
                           COMMUNICATIONS
  The following communication was presented by the Speaker, and
ordered printed in the Journal:
                                            February 11, 2003
Mr. E. Dotson Wilson
  Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:   Ending Date Change on Carol Liu
        to Seismic Safety Commission
 Dear Mr. Wilson: Please be advised the expiration date should be
May 15, 2005.
            Sincerely,
                             HERB J. WESSON, JR.
                             Speaker of the California Assembly
                                REPORTS
  The following reports were presented by the Chief Clerk:
                          University of California
         Instruction and Research Space Summary and Analysis
             2003–2008 Capital Improvement Program Report
                         (Pursuant to Item 359 of
     the 1973 Budget Conference Committee’s Supplemental Report)
  Above transmitted report, together with letter of transmittal from
Larry Hershman, Vice President for Budget, University of California,
dated January 30, 2003, referred by the Speaker to the Committee
on Budget.
               Annual Railroad Local Safety Hazard Report
             (Pursuant to Public Utilities Code Sections 7711)
  Above transmitted report, together with letter of transmittal from
Wesley M. Franklin, Executive Director, Public Utilities Commission,
dated February 3, 2003, referred by the Speaker to the Committee on
Transportation.
           Tire Fire Smoke: Major Constituents and Potential for
                       Public Health Impacts Report
         (Pursuant to Senate Bill 876, Chapter 838, Statutes 2000)
  Above transmitted report, together with letter of transmittal from
Joan Denton, Ph.D., Director, Office of Environmental Health Hazard
Assessment, dated February 4, 2003, referred by the Speaker to the
Committee on Natural Resources.
        Parole Hearing Backlog November 2002 Report (Addendum)
                (Pursuant to Penal Code Section 3041 (d))
  Above transmitted report, together with letter of transmittal from
Marvin E. Speed, Executive Officer, Board of Prison Terms, dated
December 12, 2002, referred by the Speaker to the Committee on
Public Safety.
378                         ASSEMBLY JOURNAL                    Feb. 11, 2003
         Annual Report—California Educational Facilities Authority
               (Pursuant to Education Code Section 94155)
   Above transmitted report, together with letter of transmittal from
Roberta Economidis, Executive Director, California Educational
Facilities Authority, dated February 4, 2003, referred by the Speaker to
the Committee on Education.
                        AB 328 Realignment Data
       (Pursuant to Assembly Bill 328, Chapter 367, Statutes of 2001)
  Above transmitted report, together with letter of transmittal from
Stephen W. Mayberg, Ph.D., Director, Department of Mental Health,
dated February 5, 2003, referred by the Speaker to the Committee
on Health.
      Counting All Californians: An Analysis of Outreach Effectiveness
                   (Pursuant to Executive Order D-11-99)
  Above transmitted report, together with letter of transmittal from
Ditas Katague Thompson, Assistant Secretary for Transportation,
Technology and Special Projects, Business, Transportation and Housing
Agency, dated, referred by the Speaker to the Committee on Elections,
Redistricting and Constitutional Amendments.
                    Property Tax Assessment Surveys
      (Pursuant to Sections 9795 and 15646 of the Government Code)
    Shasta County Assessment Practices Survey, February 2002 Report
 Santa Cruz County Assessment Practices Survey, February 2002 Report
      Solano County Assessment Practices Survey, March 2002 Report
      Imperial County Assessment Practices Survey, May 2002 Report
      Siskiyou County Assessment Practices Survey, July 2002 Report
      Inyo County Assessment Practices Survey, August 2002 Report
      Tulare County Assessment Practices Survey, August 2002 Report
  Los Angeles County Assessment Practices Survey, August 2002 Report
      Sierra County Assessment Practices Survey, August 2002 Report
       San Francisco City and County Assessment Practices Survey,
                          December 2002 Report
    Marin County Assessment Practices Survey, December 2002 Report
   San Diego County Assessment Practices Survey, March 2000 Report
  Above transmitted reports, together with letter of transmittal from
James E. Speed, Executive Director, State Board of Equalization, dated
January 21, 2003, Referred by the Speaker to the Committee on
Revenue and Taxation.
               ENGROSSMENT AND ENROLLMENT REPORTS
                                           Assembly Chamber, February 11, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Concurrent Resolution No. 18
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
  Above resolution ordered to third reading.
Feb. 11, 2003              ASSEMBLY JOURNAL                        379
                  REFERENCE OF BILLS TO COMMITTEE
  Pursuant to the Assembly Rules, the following bills were referred to
committee:
  Assembly
   Bill No.                         Committee
     243 – – – – – – – – – – – – Rev. & Tax.
     244 – – – – – – – – – – – – L. & E.
     245 – – – – – – – – – – – – A.,E.,S.,T. & I. M. and Pub. S.
     246 – – – – – – – – – – – – Trans.
     247 – – – – – – – – – – – – E.,R. & C.A.
     248 – – – – – – – – – – – – Agri.
     249 – – – – – – – – – – – – Higher Ed.
     250 – – – – – – – – – – – – B. & P.
     251 – – – – – – – – – – – – J., E.D. & E.
     252 – – – – – – – – – – – – Jud.
     253 – – – – – – – – – – – – Health
     254 – – – – – – – – – – – – Health
     255 – – – – – – – – – – – – E.,R. & C.A.
     257 – – – – – – – – – – – – G.O.
     259 – – – – – – – – – – – – A.,E.,S.,T. & I.M. and Pub. S.
     261 – – – – – – – – – – – – Pub. S.
     262 – – – – – – – – – – – – Health and Jud.
     263 – – – – – – – – – – – – Rev. & Tax.
     264 – – – – – – – – – – – – P.E.,R. & S.S.
     265 – – – – – – – – – – – – P.E.,R. & S.S.
     266 – – – – – – – – – – – – P.E.,R. & S.S.
     267 – – – – – – – – – – – – Health
     268 – – – – – – – – – – – – P.E.,R. & S.S.
     269 – – – – – – – – – – – – H. & C.D.
Assembly Concurrent
   Resolution No.                   Committee
       25 – – – – – – – – – – – – Rls.
    House
Resolution No.                      Committee
       15 – – – – – – – – – – – – Rls.
   Senate
  Bill No.                          Committee
       22 – – – – – – – – – – – – Nat. Res.
Senate Concurrent
  Resolution No.                    Committee
     9 – – – – – – – – – – – – – Rls.
                     SPECIAL COMMITTEE MEETINGS
   By unanimous consent, the following committee was permitted
to meet:
   Select Committee on Airports and the Airline Industry, on
February 27, 2003, at 1 p.m., in Brisbane.
                           ADJOURN IN MEMORY
   Assembly Member Cox was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Toni Carnesi, of Carmichael.
  (Assembly Rule 45.5 suspended.)
380                         ASSEMBLY JOURNAL                     Feb. 11, 2003
                            ADJOURN IN MEMORY
   Assembly Member Bermudez was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Al Girardi, of Los Angeles/Westchester; and Adolfo Padilla,
of Los Angeles.
  (Assembly Rule 45.5 suspended.)
                            ADJOURN IN MEMORY
  Assembly Member Goldberg was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Maureen (Renee) Frances Carey Haun, of Los Angeles.
  (Assembly Rule 45.5 suspended.)
                            ADJOURN IN MEMORY
   Assembly Member Shirley Horton was granted unanimous consent
that when the Assembly adjourns on this day it do so out of respect to
the memory of William John Arnold of Chula Vista; Virginia Lee Kay
of Chula Vista; Samuel Proby of Chula Vista; Gail Yvonne Cutts of
San Diego; and Norene E. Odom of San Diego.
   Assembly Member Leslie was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Edwin Carl Scholl, of Lodi.
                              ANNOUNCEMENTS
  Speaker pro Tempore Kehoe announced the following session
schedule:
  Wednesday, Thursday, February 12–13, No Session;
  Friday, February 14, 2003, Floor Session, 8:30 a.m.
                            MOTION TO ADJOURN
  At 11:27 a.m., Assembly Member Harman moved that the Assembly
do now adjourn.
  Assembly Member Firebaugh seconded the motion.
  Motion carried.
           QUORUM CALL OF THE ASSEMBLY DISPENSED WITH
   At 11:28 a.m., Speaker pro Tempore Kehoe declared the quorum call
of the Assembly dispensed with.
                           AUTHOR’S AMENDMENTS
      Committee on Jobs, Economic Development, and the Economy
                                                             February 11, 2003
  Mr. Speaker: The Chair of your Committee on Jobs, Economic Development, and the
Economy reports:
  Assembly Bill No. 11
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                  RIDLEY-THOMAS, Chairman
   ASSEMBLY BILL NO. 11—An act to add Section 7073.2 to the Government Code,
relating to economic development.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
Feb. 11, 2003                 ASSEMBLY JOURNAL                                   381
                           AUTHOR’S AMENDMENTS
                           Committee on Public Safety
                                                              February 11, 2003
  Mr. Speaker: The Chair of your Committee on Public Safety reports:
  Assembly Bill No. 27
  Assembly Bill No. 99
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                              LENO, Chairman
   ASSEMBLY BILL NO. 27—An act to amend Section 290.4 of the Penal Code,
relating to sex offender registration.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
  ASSEMBLY BILL NO. 99—An act to add Chapter 5.8 (commencing with Section
13849) to Title 6 of Part 4 of the Penal Code, relating to high technology crimes, and
making an appropriation therefor.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
                         AUTHOR’S AMENDMENTS
      Committee on Public Employees, Retirement and Social Security
                                                          February 11, 2003
  Mr. Speaker: The Chair of your Committee on Public Employees, Retirement and
Social Security reports:
  Assembly Bill No. 91
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                             NEGRETE MCLEOD, Chairwoman
   ASSEMBLY BILL NO. 91—An act to amend Section 22171 of the Education Code,
relating to state teachers’ retirement.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
                   INTRODUCTION AND FIRST READING OF
                            ASSEMBLY BILLS
   The following bills were introduced and read the first time:
  ASSEMBLY BILL NO. 337—Matthews. An act to add Title 2.94 (commencing
with Section 1812.595) to the Civil Code, relating to payroll services.
  ASSEMBLY BILL NO. 338—Levine. An act to amend Section 2108.1 of the Streets
and Highways Code, relating to transportation.
   ASSEMBLY BILL NO. 339—Aghazarian. An act to amend Sections 50199.50 and
50199.54 of the Health and Safety Code, and to amend Sections 17053.14 and 23608.2
of the Revenue and Taxation Code, relating to farmworker housing.
  ASSEMBLY BILL NO. 340—Frommer. An act to add Section 830.53 to the Penal
Code, relating to probation officers.
  ASSEMBLY BILL NO. 341—Aghazarian. An act to amend Section 7027.5 of the
Business and Professions Code, relating to contractors.
  ASSEMBLY BILL NO. 342—Koretz. An act to amend Sections 3960 and 4002 of,
and to repeal Section 4756 of, the Fish and Game Code, relating to mammals, and
making an appropriation therefor.
382                            ASSEMBLY JOURNAL                        Feb. 11, 2003
   ASSEMBLY BILL NO. 343—Chan. An act to amend Sections 12693.32,
12693.325, 12693.326, and 12693.85 of, to add Section 12693.905 to, and to repeal
Sections 12693.86, 12693.87, 12693.88, and 12693.89 of, the Insurance Code, relating
to health care coverage, and making an appropriation therefor.
  ASSEMBLY BILL NO. 344—La Malfa. An act to amend Section 4584 of the
Public Resources Code, relating to forest resources.
 ASSEMBLY BILL NO. 345—McCarthy. An act to amend Section 11200 of the
Welfare and Institutions Code, relating to public social services.
  ASSEMBLY BILL NO. 346—Longville. An act to amend Section 16100 of the
Elections Code, relating to elections.
  ASSEMBLY BILL NO. 347—Kehoe (Principal coauthor: Senator Alpert). An
act to add Section 4158 to the Food and Agricultural Code, relating to district
agricultural associations, and declaring the urgency thereof, to take effect immediately.
  ASSEMBLY BILL NO. 348—Chu (Coauthor: Lowenthal) (Coauthor: Senator
Alpert). An act to amend Sections 5152, 5154, 5257, 5259.3, 5264, 5267, 5270.35, and
5309 of the Welfare and Institutions Code, relating to mental health.
  ASSEMBLY BILL NO. 349—Haynes (Coauthor: Leslie). An act to add and repeal
Part 26.5 (commencing with Section 46700) to the Education Code, relating to
education financing.
  ASSEMBLY BILL NO. 350—Bogh. An act to amend Section 12816 of, and to add
Sections 1828 and 12804.11 to, the Vehicle Code, relating to vehicles.
  ASSEMBLY BILL NO. 351—Bermudez. An act to add Section 5101.12 to the
Vehicle Code, relating to vehicles.
  ASSEMBLY BILL NO. 352—Goldberg. An act to amend, add, and repeal Section
1203.097 of the Penal Code, relating to domestic violence.
 ASSEMBLY BILL NO. 353—Montanez. An act to amend Section 361.5 of the
Welfare and Institutions Code, relating to child welfare services.
  ASSEMBLY BILL NO. 354—Lowenthal. An act to amend Section 830.1 of the
Penal Code, relating to peace officers.
  ASSEMBLY BILL NO. 355—Pacheco. An act to amend Section 871 of the Welfare
and Institutions Code, relating to minors.
  ASSEMBLY BILL NO. 356—Hancock (Principal coauthor: Mullin). An act to
amend Sections 52050.5, 52052, 52055.51, 52055.655, 52056.5, 60603, 60604, 60605,
60605.6, 60606, 60640, 60642, 60642.5, 60643, 60643.1, 60851, 60852, and 60856 of,
and to repeal Sections 52052.2, 52055.5, 52055.52, 52055.650, 52057, and 60859 of,
the Education Code, relating to education testing.
  ASSEMBLY BILL NO. 357—Maze. An act to amend Section 155.20 of the
Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.
  ASSEMBLY BILL NO. 358—Jackson. An act to amend Sections 1419, 1420, and
1422 of the Health and Safety Code, relating to health facilities.
  ASSEMBLY BILL NO. 359—Koretz. An act to amend Section 3302 of the
Government Code, relating to public safety officers.
   ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 10—Harman. A
resolution to propose to the people of the State of California an amendment to the
Constitution of the State, by amending subdivision (c) of Section 6 of Article XIIID
thereof, relating to local government finance.
Feb. 11, 2003              ASSEMBLY JOURNAL                                383
                 REPORTS OF STANDING COMMITTEES
                             Committee on Rules
                                           Date of Hearing: February 11, 2003
 Mr. Speaker: Your Committee on Rules reports:
 Assembly Concurrent Resolution No. 25
With the recommendation: Be adopted.
                                                          NATION, Chairman
  Above resolution ordered to third reading.
                                           Date of Hearing: February 11, 2003
 Mr. Speaker: Your Committee on Rules reports:
 Senate Concurrent Resolution No. 9
With the recommendation: Be adopted.
                                                          NATION, Chairman
  Above resolution ordered to third reading.
                               ADJOURNMENT
   At 3 p.m., pursuant to the motion by Assembly Member Harman,
the Assembly adjourned until 8:30 a.m., Friday, February 14, 2003,
out of respect to the memory of Toni Carnesi, on motion of Assembly
Member Cox; out of respect to the memory of Al Girardi and
Adolfo Padilla, on motion of Assembly Member Bermudez; out of
respect to the memory of Maureen (Renee) Frances Carey Haun, on
motion of Assembly Member Goldberg; out of respect to the memory
of William John Arnold, Virginia Lee Kay, Samuel Proby,
Gail Yvonne Cutts, and Norene E. Odom, on motion of Assembly
Member Shirley Horton; and out of respect to the memory of
Edwin Carl Scholl, on motion of Assembly Member Leslie.


  HERB J. WESSON, JR., Speaker
                                       PAM CAVILEER, Minute Clerk
384                   ASSEMBLY JOURNAL              Feb. 11, 2003

        AMENDMENTS CONSIDERED BY THE
         ASSEMBLY ON FEBRUARY 11, 2003

The following measures were amended in the Assembly on this day:

                       AB    RN
                        11   0301709
                        27   0307012
                        91   0307083
                        99   0306812
                      Daily Total:         4
                  Cumulative Total:        27
Feb. 14, 2003                    ASSEMBLY JOURNAL                                          385

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                         Friday, February 14, 2003

                       TWENTY-FIFTH SESSION DAY

                    SEVENTY-FIFTH CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
386                      ASSEMBLY JOURNAL              Feb. 14, 2003


              PROCEEDINGS OF THE ASSEMBLY

                           IN ASSEMBLY


                             Assembly Chamber, Sacramento
                                       Friday, February 14, 2003
  The Assembly met at 8:30 a.m.
  Hon. Leland Y. Yee, Assistant Speaker pro Tempore of the
Assembly, presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Brian Ebbert reading.
                              ROLL CALL
  The roll was called.
                     Quorum Call of the Assembly
   Assembly Member Cox moved a quorum call of the Assembly.
   Motion carried. Time, 8:31 a.m.
   The Assistant Speaker pro Tempore directed the Sergeant at Arms to
close the doors, and to bring in the absent Members.
                           Quorum Present
   At 8:43 a.m., Assistant Speaker pro Tempore Yee declared a quorum
of the Assembly present.
   The roll call was completed, and the following answered to their
names—70:
Aghazarian       Dutton           Lieber           Pavley
Bates            Dymally          Longville        Plescia
Benoit           Firebaugh        Lowenthal        Reyes
Berg             Frommer          Maddox           Richman
Bermudez         Garcia           Maldonado        Ridley-Thomas
Bogh             Goldberg         Matthews         Runner
Campbell         Hancock          Maze             Salinas
Canciamilla      Harman           McCarthy         Samuelian
Chan             Haynes           Montanez         Simitian
Chavez           Horton, Jerome   Mountjoy         Spitzer
Chu              Houston          Mullin           Steinberg
Cogdill          Jackson          Nakanishi        Strickland
Cohn             Keene            Nakano           Vargas
Corbett          La Malfa         Nation           Wiggins
Cox              Laird            Negrete McLeod   Wolk
Daucher          Leno             Nunez            Yee
Diaz             Leslie           Pacheco
Dutra            Levine           Parra
Feb. 14, 2003           ASSEMBLY JOURNAL                           387
                               PRAYER
   Upon invitation of Assistant Speaker pro Tempore Yee, the following
prayer was offered by Assembly Chaplain Rev. Constantine C.
Pappademos:
   Lord, On this Valentine’s day, when we celebrate the bonds of love,
help us to remember that we show the highest form of love when we do
good for others without expecting anything in return. By showing
selfless benevolence toward others, Lord, we try to imitate the great
love You have shown us. Bless our loved ones today, O God, and keep
them in Your grace.—AMEN.
                PLEDGE OF ALLEGIANCE TO THE FLAG
   Upon request of Assistant Speaker pro Tempore Yee, Assembly
Member Cox then led the Assembly in the pledge of allegiance to
the Flag.
       MOTION TO DISPENSE WITH READING OF THE JOURNAL
   Further reading of the Journal of the previous legislative day was
dispensed with on motion of Assembly Member Chan, seconded by
Assembly Member Cogdill.
                 LEAVES OF ABSENCE FOR THE DAY
  By unanimous consent, the following Assembly Members were
granted leaves of absence for the day:
  On legislative business: Assembly Members Calderon, Correa,
Kehoe, Koretz, La Suer, Liu, Oropeza, and Wesson.
  On personal business, and waiving per diem: Assembly Members
Shirley Horton and Wyland.
                     EXPLANATIONS OF ABSENCE
   Pursuant to the Assembly Rules, the following explanations of
absence were ordered printed in the Journal:
                                                  February 12, 2003
The Honorable Herb J. Wesson, Jr.
  Speaker of the Assembly
     State Capitol
        Sacramento, California
   Dear Mr. Speaker: I am writing today to request to be excused from
Session, Friday, February 14, 2003 to attend legislative business in my
district office. If you have any questions please contact Tiffany
Morrison at (916) 319-2058.
             Sincerely,
                     RONALD S. CALDERON, Assembly Member
                     Fifty-eighth District
388                     ASSEMBLY JOURNAL                Feb. 14, 2003
                                                     February 6, 2003
The Honorable Herb J. Wesson, Jr.
     State Capitol, Room 219
       Sacramento, California
   Dear Speaker Wesson: Please excuse me from check-in session and/
or Floor Session on Friday, February 14, 2003. I will be attending to
legislative business in the district.
   Thank you.
             Sincerely,
                                  LOU CORREA, Assembly Member
                                  Sixty-ninth District
                                                 February 13, 2003
Hon. Herb Wesson
  Speaker of the Assembly
     State Capitol, Room 219
       Sacramento, California
  Dear Mr. Speaker: I respectfully request to be excused from check-in
session, Friday, February 14, 2003 for legislative business in
my district.
  Thank you for your consideration in this matter.
             Sincerely,
                                               CHRISTINE KEHOE
                                               Speaker pro Tempore
                                                  February 6, 2003
The Honorable Herb J. Wesson, Jr.
  Speaker, California State Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker: I respectfully request to be excused from floor
session on Friday, February 14th, 2003 due to legislative business in
my district.
   Should you have any questions, please contact Tish Becerra in my
Capitol office at 319-2042. Thank you for your consideration of
this request.
              Cordially,
                               PAUL KORETZ, Assembly Member
                               Forty-second District
Feb. 14, 2003            ASSEMBLY JOURNAL                             389
                                                    February 3, 2003
The Honorable Herb Wesson
  Speaker of the Assembly
    State Capitol, Room 219
      Sacramento, California
  Dear Speaker Wesson,
  Please excuse me from Floor Session for legislative business on
Friday, February 14th as I will be attending several important meetings
with constituents in my district.
  Thank you in advance for your assistance in this matter.
             Sincerely,
                                  JAY LA SUER, Assembly Member
                                  Seventy-seventh District
                                                      January 27, 2003
The Honorable Herb Wesson
  Speaker of the California Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker: I am requesting permission to be excused from
session and check-in session on Friday, February 14th.
   I will be traveling to my district office to meet with constituents the
entire day. Any questions you may have regarding this request may be
directed to my assistant, Janet Lopez @ 319-2832.
   Thank you for your favorable consideration of this request.
              Sincerely,
                                     CAROL LIU, Assembly Member
                                     Forty-fourth District
                                                     February 6, 2003
The Honorable Herb J. Wesson, Jr., Speaker
  California State Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker: I am writing to request to be excused from Session
on February 14, 2003, so that I may attend to legislative business in
my District.
   Thank you for consideration of this request. Please contact my Chief
of Staff, Val Dolcini, if you have any further questions regarding
this matter.
             Sincerely,
                            JENNY OROPEZA, Assembly Member
                            Fifty-fifth District
390                      ASSEMBLY JOURNAL                Feb. 14, 2003
                                                   February 14, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: This is to advise you that I will be absent from Session
today for legislative business in my district.
             Sincerely,
                                  HERB J. WESSON, JR.
                                  Speaker of the California Assembly
                          COMMUNICATIONS
  The following communication was presented by the Speaker, and
ordered printed in the Journal:
                                                February 14, 2003
E. Dotson Wilson
  Chief Clerk of the Assembly
    State Capitol, Room 3196
      Sacramento, California
  Dear Dotson: Please be advised that I have appointed the following
members to the Select Committee on Megan’s Law and Sex Offender
Registration:
  Assemblymember John Benoit
  Assemblymember Lou Correa
  Assemblymember Bob Dutton
  Assemblymember Sally Lieber
  Assemblymember Bill Maze
  Assemblymember Cindy Montanez
  Assemblymember Sarah Reyes
            Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly

  The following communication was presented by the Chief Clerk, and
ordered printed in the Journal:
                            Per Diem Waiver
                                                  February 14, 2003
E. Dotson Wilson
  Chief Clerk
    State Capitol
      Sacramento, California
   Subject: Per Diem refusal
   Dear Mr. Wilson: Given our current fiscal situation, I hereby decline
per diem for the Saturday, Sunday and Monday of last weekend’s
extended holiday weekend (February 8, 9 and 10) and for this upcoming
three day weekend (February 15, 16 and 17).
            Sincerely,
                               LOU CORREA, Assembly Member
                               Sixty-ninth District
Feb. 14, 2003               ASSEMBLY JOURNAL                                391
               ENGROSSMENT AND ENROLLMENT REPORTS
                                           Assembly Chamber, February 14, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Bill No. 11
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
  Above bill re-referred to committee.
                                           Assembly Chamber, February 14, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Bill No. 27
  Assembly Bill No. 91
  Assembly Bill No. 99
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
  Above bills re-referred to committee.
                                           Assembly Chamber, February 14, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Concurrent Resolution No. 25
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
  Above resolution ordered on file.
                  REFERENCE OF BILLS TO COMMITTEE
  Pursuant to the Assembly Rules, the following bills were referred to
committee:
  Assembly
   Bill No.                        Committee
     258 – – – – – – – – – – – – Jud.
     260 – – – – – – – – – – – – Trans. and Nat. Res.
     270 – – – – – – – – – – – – Jud. and Pub. S.
     271 – – – – – – – – – – – – Hum. S.
     272 – – – – – – – – – – – – Rev. & Tax.
     274 – – – – – – – – – – – – L. & E. and Jud.
     276 – – – – – – – – – – – – L. & E.
     277 – – – – – – – – – – – – Jud. and E.,R. & C.A.
     278 – – – – – – – – – – – – G.O.
     280 – – – – – – – – – – – – Pub. S.
     281 – – – – – – – – – – – – L. Gov.
     282 – – – – – – – – – – – – B. & P.
     283 – – – – – – – – – – – – Pub. S.
     285 – – – – – – – – – – – – P.E.,R. & S.S.
     286 – – – – – – – – – – – – Jud.
     287 – – – – – – – – – – – – A.,E.,S.,T. & I. M.
     288 – – – – – – – – – – – – Rev. & Tax.
     289 – – – – – – – – – – – – Health
     290 – – – – – – – – – – – – P.E.,R. & S.S.
     291 – – – – – – – – – – – – Rev. & Tax.
     292 – – – – – – – – – – – – B. & P.
     294 – – – – – – – – – – – – Ed.
     295 – – – – – – – – – – – – Jud.
     296 – – – – – – – – – – – – Ed.
     298 – – – – – – – – – – – – Ed.
     301 – – – – – – – – – – – – Trans.
392                        ASSEMBLY JOURNAL                  Feb. 14, 2003
     302 – – – – – – – – – – – – E.S. & T.M.
     303 – – – – – – – – – – – – Higher Ed.
     304 – – – – – – – – – – – – H. & C.D.
     305 – – – – – – – – – – – – H. & C.D. and L. Gov.
Assembly Concurrent
   Resolution No.                  Committee
      19 – – – – – – – – – – – – Trans.
      21 – – – – – – – – – – – – Ed.
      22 – – – – – – – – – – – – Rls.
      23 – – – – – – – – – – – – Rls.
    House
Resolution No.                     Committee
      12 – – – – – – – – – – – – Health
                         AUTHOR’S AMENDMENTS
                          Committee on Education
                                                            February 14, 2003
  Mr. Speaker: The Chair of your Committee on Education reports:
  Assembly Bill No. 42
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                   GOLDBERG, Chairwoman
  ASSEMBLY BILL NO. 42—An act to amend Sections 52122, 52123, 52124, and
52126 of the Education Code, relating to public schools.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
                     SPECIAL COMMITTEE MEETINGS
   By unanimous consent, the following committee was permitted
to meet:
   Veterans Affairs, on April 4, 2002, in Barstow.
                     REQUEST FOR PHOTOGRAPHER
  Assembly Members Runner and Steinberg were granted unanimous
consent that a photographer be permitted on the Floor of the Assembly.
                    ASSEMBLY RULE 118 SUSPENDED
  Assembly Member Bogh was granted unanimous consent that
Assembly Rule 118 be suspended for the purpose of permitting his son,
Charlie Bogh, to sit at his desk on the Floor of the Assembly.
                           ADJOURN IN MEMORY
  Assembly Member Corbett was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Leyola Storti, of San Francisco.
  (Assembly Rule 45.5 suspended.)
                           ADJOURN IN MEMORY
   Assembly Member Wolk was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Jessica Ortiz-Mendoza, of Vacaville.
  (Assembly Rule 45.5 suspended.)
Feb. 14, 2003            ASSEMBLY JOURNAL                         393
                    CONSIDERATION OF DAILY FILE
                 THIRD READING OF ASSEMBLY BILLS
  ASSEMBLY CONCURRENT RESOLUTION NO. 14 (Nakano)—Relative to a
Day of Remembrance.
  Resolution read.
                           Motion to Amend
  Assembly Member Nakano moved the adoption of amendments.
  Amendments read and adopted; resolution ordered reprinted, and to
be returned to the third reading file.
  ASSEMBLY CONCURRENT RESOLUTION NO. 18 (Leno)—Relative to Spay
Day USA 2003.
  Resolution read.
                    Members Made Coauthors of
                Assembly Concurrent Resolution No. 18
   Assembly Member Leno was granted unanimous consent to open the
roll for the purpose of permitting Members to add as coauthors of
Assembly Concurrent Resolution No. 18.
                               Roll Call
  The following Assembly Members indicated a desire to become
coauthors:
  Aghazarian, Bates, Benoit, Berg, Bogh, Campbell, Canciamilla,
Chan, Chavez, Chu, Cogdill, Cohn, Corbett, Cox, Daucher, Dutra,
Dutton, Dymally, Firebaugh, Frommer, Garcia, Goldberg, Hancock,
Harman, Jerome E. Horton, Jackson, La Malfa, Laird, Leslie, Lieber,
Longville, Lowenthal, Maddox, Maldonado, Matthews, Maze,
Mountjoy, Mullin, Nakano, Nation, Negrete McLeod, Nunez, Pacheco,
Parra, Pavley, Plescia, Reyes, Richman, Runner, Salinas, Samuelian,
Simitian, Spitzer, Steinberg, Strickland, Vargas, Wolk, and Yee.
                     Request for Unanimous Consent
   Assembly Member Leno was granted unanimous consent to take up
Assembly Concurrent Resolution No. 18, as amended, without
reference to print or file, and that the same be considered engrossed.
 Consideration of Assembly Concurrent Resolution No. 18, as Amended
  ASSEMBLY CONCURRENT RESOLUTION NO. 18—Relative to Spay Day
USA 2003.
  Resolution read, as amended, and adopted.
  Resolution ordered printed, and transmitted to the Senate.
394                     ASSEMBLY JOURNAL               Feb. 14, 2003
                    THIRD READING OF SENATE BILLS
  SENATE CONCURRENT RESOLUTION NO. 9 (Knight)—Relative to the
Space Shuttle Columbia.
  Resolution read, and presented by Assembly Member Runner.
                     Members Made Coauthors of
                  Senate Concurrent Resolution No. 9
   Assembly Member Runner was granted unanimous consent to open
the roll for the purpose of permitting Members to add as coauthors of
Senate Concurrent Resolution No. 9.
                               Roll Call
  The following Assembly Members indicated a desire to become
coauthors:
  Aghazarian, Bates, Benoit, Berg, Bogh, Campbell, Canciamilla,
Chan, Chavez, Chu, Cogdill, Cohn, Corbett, Cox, Daucher, Dutra,
Dutton, Dymally, Firebaugh, Frommer, Garcia, Goldberg, Hancock,
Haynes, Jerome E. Horton, Houston, Jackson, Keene, La Malfa, Laird,
Leno, Leslie, Levine, Longville, Lowenthal, Maddox, Maldonado,
Matthews, Maze, McCarthy, Mountjoy, Mullin, Nakanishi, Nakano,
Nation, Negrete McLeod, Nunez, Pacheco, Parra, Pavley, Reyes,
Richman, Runner, Salinas, Samuelian, Simitian, Steinberg, Strickland,
Vargas, Wolk, and Yee.
                   Request for Unanimous Consent
   Assembly Member Runner was granted unanimous consent to take
up Senate Concurrent Resolution No. 9, as amended, without reference
to print or file.
    Consideration of Senate Concurrent Resolution No. 9, as Amended
  SENATE CONCURRENT RESOLUTION NO. 9—Relative to the Space Shuttle
Columbia.
  Resolution read, as amended, and adopted.
  Resolution ordered printed, and transmitted to the Senate
immediately.
                              RECESS
   By unanimous consent, at 8:57 a.m., Assistant Speaker pro Tempore
Yee declared the Assembly recessed to permit the introduction of
special guests.
   Assembly Member Runner introduced the following guests in
recognition of Congenital Heart Disease Awareness Day: Pam McCain,
Janet Grummel, Linda Koski, Jana Krumel, Celia Buckley, Dr. Greg
Janos, Kendra Thompson, Valerie Boesen, Susan Demores, Shari
D’Anjou, Laura Jeffries, Laura Mulder, and Karen Charney.
                           RECONVENED
  At 9 a.m., the Assembly reconvened.
  Hon. Leland Y. Yee, Assistant Speaker pro Tempore of the Assembly,
presiding.
Feb. 14, 2003              ASSEMBLY JOURNAL                        395
               CONSIDERATION OF DAILY FILE (RESUMED)
            THIRD READING OF ASSEMBLY BILLS (RESUMED)
  HOUSE RESOLUTION NO. 11 (Runner)—Relative to Congenital Heart Defect
Awareness Day.
  Resolution read.
          Members Made Coauthors of House Resolution No. 11
   Assembly Member Runner was granted unanimous consent to open
the roll for the purpose of permitting Members to add as coauthors of
House Resolution No. 11.
                                    Roll Call
  The following Assembly Members indicated a desire to become
coauthors:
  Aghazarian, Bates, Benoit, Berg, Bermudez, Bogh, Campbell,
Canciamilla, Chan, Chavez, Chu, Cogdill, Cohn, Corbett, Cox,
Daucher, Diaz, Dutra, Dutton, Dymally, Firebaugh, Frommer, Garcia,
Goldberg, Hancock, Harman, Haynes, Jerome E. Horton, Houston,
Jackson, Keene, La Malfa, Laird, Leno, Leslie, Levine, Lieber,
Longville, Lowenthal, Maddox, Maldonado, Matthews, Maze,
McCarthy, Mountjoy, Mullin, Nakanishi, Nakano, Nation,
Negrete McLeod, Nunez, Pacheco, Parra, Pavley, Plescia, Reyes,
Richman, Ridley-Thomas, Salinas, Samuelian, Simitian, Spitzer,
Strickland, Vargas, Wiggins, Wolk, and Yee.
                      Request for Unanimous Consent
   Assembly Member Runner was granted unanimous consent to take
up House Resolution No. 11, as amended, without reference to print
or file.
          Consideration of House Resolution No. 11, as Amended
  HOUSE RESOLUTION NO. 11—Relative to Congenital Heart           Defect
Awareness Day.
  Resolution read, as amended, and adopted.
                           ADJOURN IN MEMORY
                            Moment of Silence
   Assembly Member Cox was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Gregory O. Wilhelm, of Berkeley, and that the Assembly observe a
moment of silence in his honor.
  (Assembly Rule 45.5 suspended.)
                           ADJOURN IN MEMORY
  Assembly Member Firebaugh was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Mary Welsh, of Pacific Palisades.
  (Assembly Rule 45.5 suspended.)
                           ADJOURN IN MEMORY
  Assembly Member Steinberg was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Marta Candelaria Bustamante, of Alkali Flat.
  (Assembly Rule 45.5 suspended.)
396                      ASSEMBLY JOURNAL                Feb. 14, 2003
                          ANNOUNCEMENTS
   Assistant Speaker pro Tempore Yee announced that March 3, 2003 is
this year’s deadline for filing Members’ Annual Statements of
Economic Interest (Form 700). Members are advised to contact Ralph
Romo in the Chief Clerk’s Office for additional forms or information.
                         ADJOURN IN MEMORY
   Assembly Member Corbett was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Robert Hannon, of Walnut Creek, and Edith Gunn Jensen, of
Castro Valley.
   Assembly Member Canciamilla was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Thomas S. Cogburn, of Alamo.
   Assembly Member Frommer was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Christine Seo, of La Crescenta.
   Assembly Member Pavley was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Rev. Ronald Williams, of Santa Monica.
                CONSIDERATION OF DAILY FILE (RESUMED)
             THIRD READING OF ASSEMBLY BILLS (RESUMED)
  ASSEMBLY CONCURRENT RESOLUTION NO. 25 (Nation)—Relative to
National Engineers Week.
  Resolution read.
                    Members Made Coauthors of
                Assembly Concurrent Resolution No. 25
   Assembly Member Nation was granted unanimous consent to open
the roll for the purpose of permitting Members to add as coauthors of
Assembly Concurrent Resolution No. 25.
                               Roll Call
  The following Assembly Members indicated a desire to
become coauthors:
  Aghazarian, Bates, Benoit, Berg, Bermudez, Bogh, Campbell,
Canciamilla, Chan, Chavez, Chu, Cogdill, Cohn, Corbett, Cox,
Daucher, Diaz, Dutra, Dutton, Dymally, Firebaugh, Frommer, Garcia,
Goldberg, Hancock, Harman, Jerome E. Horton, Houston, Jackson,
La Malfa, Laird, Leno, Leslie, Levine, Lieber, Longville, Lowenthal,
Maddox, Maldonado, Matthews, Maze, Mountjoy, Mullin, Nakanishi,
Nakano, Negrete McLeod, Nunez, Pacheco, Parra, Pavley, Plescia,
Reyes, Richman, Ridley-Thomas, Runner, Salinas, Simitian, Spitzer,
Steinberg, Strickland, Vargas, Wiggins, Wolk, and Yee.
                     Request for Unanimous Consent
   Assembly Member Nation was granted unanimous consent to take up
Assembly Concurrent Resolution No. 25, as amended, without
reference to print or file, and that the same be considered engrossed.
  Consideration of Assembly Concurrent Resolution No. 25, as Amended
  ASSEMBLY CONCURRENT RESOLUTION NO. 25—Relative to National
Engineers Week.
  Resolution read, as amended, and adopted.
  Resolution ordered printed, and transmitted to the Senate.
Feb. 14, 2003                  ASSEMBLY JOURNAL                                      397
                               MOTION TO ADJOURN
  At 9:10 a.m., Assembly Member Firebaugh moved that the Assembly
do now adjourn.
  Assembly Member Cox seconded the motion.
  Motion carried.
            QUORUM CALL OF THE ASSEMBLY DISPENSED WITH
  At 9:12 a.m., Assistant Speaker pro Tempore Yee declared the
quorum call of the Assembly dispensed with.
                    INTRODUCTION AND FIRST READING OF
                             ASSEMBLY BILLS
   The following bills were introduced and read the first time:
  ASSEMBLY BILL NO. 360—Jerome Horton. An act to amend Section 330b of the
Penal Code, relating to gaming.
  ASSEMBLY BILL NO. 361—Kehoe. An act to amend Section 13252.6 of, and to
add Article 6.5 (commencing with Section 132360) to Chapter 3 of Division 12.7 of the
Public Utilities Code, relating to transportation.
  ASSEMBLY BILL NO. 362—Garcia. An act to add Section 1346.1 to the Health
and Safety Code, relating to health care service plans.
  ASSEMBLY BILL NO. 363—Garcia. An act to amend Section 1366.1 of the Health
and Safety Code, relating to health care service plans.
  ASSEMBLY BILL NO. 364—Maddox. An act to amend Section 21228 of the
Government Code, relating to public employees’ retirement.
   ASSEMBLY BILL NO. 365—Jerome Horton. An act to amend Section 1810.5 of
the Vehicle Code, relating to Department of Motor Vehicle records.
   ASSEMBLY BILL NO. 366—Mullin. An act to amend Section 1522.02 of the
Health and Safety Code, relating to care facilities, and declaring the urgency thereof, to
take effect immediately.
   ASSEMBLY BILL NO. 367—Koretz. An act to add Article 6 (commencing with
Section 123630) to Chapter 2 of Part 2 of Division 106 of the Health and Safety Code,
relating to maternal health.
  ASSEMBLY BILL NO. 368—Chan. An act to add Chapter 4.5 (commencing with
Section 12693.55) to Part 6.2 of Division 2 of the Insurance Code, relating to health care
coverage.
  ASSEMBLY BILL NO. 369—Bermudez. An act to add Section 21230 to the
Government Code, relating to public employees’ retirement.
  ASSEMBLY BILL NO. 370—La Suer. An act to amend Section 8814.5 of the
Family Code, relating to adoption.
   ASSEMBLY BILL NO. 371—La Suer. An act to amend Section 1246 of the
Business and Professions Code, and to amend Section 23158 of the Vehicle Code,
relating to blood tests.
   ASSEMBLY BILL NO. 372—Kehoe. An act to add Sections 1356.2 and 1798.184
to the Health and Safety Code, and to add Section 12981 to the Insurance Code, relating
to poison control centers.
  ASSEMBLY BILL NO. 373—Chu. An act to add Section 12693.515 to the
Insurance Code, relating to the Healthy Families Program.
  ASSEMBLY BILL NO. 374—Chan. An act to amend Section 31580.2 of the
Government Code, relating to county employees’ retirement systems.
  ASSEMBLY BILL NO. 375—Bermudez. An act to add and repeal Section 20901.5
of the Government Code, relating to state employees’ retirement, and declaring the
urgency thereof, to take effect immediately.
398                           ASSEMBLY JOURNAL                        Feb. 14, 2003
  ASSEMBLY BILL NO. 376—Chu. An act to amend Section 5771 of the Welfare
and Institutions Code, relating to mental health.
  ASSEMBLY BILL NO. 377—Chan. An act to amend Section 27151 of the Vehicle
Code, relating to vehicles.
  ASSEMBLY BILL NO. 378—Steinberg. An act to amend Sections 17070.75 and
17070.77 of the Education Code, relating to school facilities, and declaring the urgency
thereof, to take effect immediately.
  ASSEMBLY BILL NO. 379—Mullin. An act to amend Section 8289 of the
Education Code, relating to child care.
  ASSEMBLY BILL NO. 380—Steinberg (Coauthor: Senator Chesbro). An act to
add Section 5855.7 to the Welfare and Institutions Code, relating to mental health.
  ASSEMBLY BILL NO. 381—Strickland. An act to amend Section 19605 of, to
repeal Section 19605.2 of, and to repeal and add Section 19605.1 of, the Business and
Professions Code, relating to horse racing, and making an appropriation therefor.
  ASSEMBLY BILL NO. 382—Correa. An act to amend Section 9882.5 of the
Business and Professions Code, relating to automotive repair.
  ASSEMBLY BILL NO. 383—Cohn. An act to amend Section 977 of the Penal
Code, relating to criminal procedure.
   ASSEMBLY BILL NO. 384—Leslie. An act to amend Sections 308, 2762, 3326,
and 5005 of, and to add Section 5030 to, the Penal Code, and to amend Section 1752.5
of, and to add Section 1712.5 to, the Welfare and Institutions Code, relating to tobacco
products.
  ASSEMBLY BILL NO. 385—Nakano. An act to amend Section 19849.7 of the
Government Code, relating to state employment.
  ASSEMBLY BILL NO. 386—Aghazarian. An act to amend Section 116330 of the
Health and Safety Code, relating to drinking water.
  ASSEMBLY BILL NO. 387—Aghazarian. An act to amend Section 25503.5 of the
Health and Safety Code, relating to hazardous materials.
  ASSEMBLY BILL NO. 388—Strickland. An act to add Section 19610.8 to the
Business and Professions Code, relating to horse racing.
  ASSEMBLY BILL NO. 389—Montanez. An act relating to brownfields.
  ASSEMBLY BILL NO. 390—Montanez. An act to add Section 41514.1 to the
Health and Safety Code, relating to air resources.
  ASSEMBLY BILL NO. 391—Montanez. An act to add Section 17072.40 to the
Education Code, relating to public schools.
  ASSEMBLY BILL NO. 392—Montanez. An act relating to environmental justice.
  ASSEMBLY BILL NO. 393—Montanez. An act relating to historical preservation.
  ASSEMBLY BILL NO. 394—Montanez. An act to amend Sections 26738 and
26746 of, and to add Section 26723 to, the Government Code, relating to law
enforcement fees.
  ASSEMBLY BILL NO. 395—Koretz. An act to add Section 4826.5 to the Business
and Professions Code, relating to veterinarians.
  ASSEMBLY BILL NO. 396—Harman. An act to repeal and add Article 3
(commencing with Section 1570) of Chapter 5 of Division 2 of, the Fish and Game
Code, relating to wildlife, and making an appropriation therefor.
  ASSEMBLY BILL NO. 397—La Malfa. An act to add Section 12179.2 to the
Government Code, relating to the Secretary of State.
  ASSEMBLY BILL NO. 398—Mullin. An act to amend Section 31496.3 of the
Government Code, relating to county employees’ retirement.
  ASSEMBLY BILL NO. 399—Wyland. An act relating to school curriculum.
Feb. 14, 2003                 ASSEMBLY JOURNAL                                    399
  ASSEMBLY BILL NO. 400—Harman. An act relating to environmental health.
   ASSEMBLY BILL NO. 401—Jerome Horton. An act to add Section 19605.53 to
the Business and Professions Code, relating to horse racing, and making an
appropriation therefor.
  ASSEMBLY BILL NO. 402—Plescia and La Suer. An act to amend Sections 290
and 311.11 of the Penal Code, relating to child pornography.
  ASSEMBLY BILL NO. 403—Correa. An act to amend Section 12104 of the
Financial Code, relating to check sellers and proraters.
  ASSEMBLY BILL NO. 404—Garcia. An act to add Section 41514.15 to the Health
and Safety Code, relating to air pollution, and making an appropriation therefor.
  ASSEMBLY BILL NO. 405—Garcia. An act relating to state mandates.
  ASSEMBLY BILL NO. 406—Jackson. An act to amend Sections 21082.1, 21089,
and 21160 of the Public Resources Code, relating to environmental quality.
  ASSEMBLY BILL NO. 407—Harman. An act relating to water.
   ASSEMBLY BILL NO. 408—Steinberg. An act to amend Sections 349, 358.1, 366,
366.1, 366.21, 366.22, 366.26, 366.3, 16500.1, and 16508 of, and to add Section 362.05
to, the Welfare and Institutions Code, relating to dependent children.
  ASSEMBLY BILL NO. 409—Reyes and Pacheco. An act to add Article 6
(commencing with Section 125120) to Chapter 1 of Part 5 of Division 106 of the Health
and Safety Code, relating to health care.
  ASSEMBLY BILL NO. 410—Haynes. An act to add Chapter 4.5 (commencing with
Section 15388) to Part 6.7 of Division 3 of Title 2 of the Government Code, relating to
economic development.
  ASSEMBLY BILL NO. 411—Haynes. An act to add Chapter 12.9 (commencing
with Section 7090) to Division 7 of Title 2 of the Government Code, relating to
economic development.
  ASSEMBLY BILL NO. 412—Chan (Coauthor: Koretz). An act to add Section
790.12 to the Insurance Code, relating to advertising.
  ASSEMBLY BILL NO. 413—Goldberg. An act to amend Section 11005.2 of the
Government Code, relating to state property.
  ASSEMBLY BILL NO. 414—Nakano. An act to amend Section 1569.616 of the
Health and Safety Code, relating to care facilities.
  ASSEMBLY BILL NO. 415—Strickland. An act to amend Section 12101.5 of the
Public Contract Code, relating to state contracts.
  ASSEMBLY BILL NO. 416—La Suer. An act to amend Section 8802 of the Family
Code, relating to adoption.
  ASSEMBLY BILL NO. 417—La Suer. An act to amend Section 12816 of, and to
add Section 12804.11 to, the Vehicle Code, relating to vehicles.
   ASSEMBLY BILL NO. 418—Pacheco. An act to amend Sections 415.20, 415.45,
and 415.46 of, and to add Section 415.95 to, the Code of Civil Procedure, relating to
civil actions.
   ASSEMBLY BILL NO. 419—Committee on Public Employees, Retirement and
Social Security (Negrete McLeod (Chair), Levine (Vice Chair), Correa, Laird, and
Nakanishi). An act to amend Sections 22200, 22224, and 22225 of, and to add Section
22227 to, the Education Code, to amend Sections 82023, 82024, and 90001 of, and to
add Section 84225.5 to, the Government Code, and to amend Section 4 of Chapter 1049
of the Statutes of 2002, relating to the Teachers’ Retirement Board, and declaring the
urgency thereof, to take effect immediately.
  ASSEMBLY BILL NO. 420—Longville. An act to amend Section 65089 of the
Government Code, relating to transportation.
  ASSEMBLY BILL NO. 421—Dymally. An act to add Section 109297 to the Health
and Safety Code, relating to cancer.
400                           ASSEMBLY JOURNAL                       Feb. 14, 2003
  ASSEMBLY BILL NO. 422—Chan. An act relating to child care and development.
  ASSEMBLY BILL NO. 423—Longville. An act relating to gaming.
   ASSEMBLY BILL NO. 424—Richman. An act to repeal Sections 33110, 33111,
33112, 33113, 33114, 33115, 33116, 33117, 33117.5, 33117.7, 33118, 33119, 33120,
33121, 33122, 33123, 33125, 33126.1, 33126.2, 33126.5, 33127, 33128, 33128.5,
33129, 33131, 33132, 33133, 35160.5, 35161, 35162, 35163, 35164, 35165, 35166,
35167, 35168, 35170, 35172, 35175, 35177, 35178, 35178.4, 35250, 35251, 35252,
35253, 35254, 35255, 35256.1, and 35258 of, to repeal Article 1 (commencing with
Section 33100) of, Article 3 (commencing with Section 33140) of, and Article 5
(commencing with Section 33190) of, Chapter 2 of Part 20 of, to repeal Article 1
(commencing with Section 35100) of, Article, 1.5 (commencing with Section 35110) of,
Article 2 (commencing with Section 35120) of, Article 3 (commencing with section
35140) of, Article 4.5 (commencing with Section 35179) of, Article 4.7 (commencing
with Section 35181) of, Article 5 (commencing with Section 35190) of, Article 6
(commencing with Section 35200) of, Article 7 (commencing with Section 35230) of,
Article 9 (commencing with Section 35270.5) of, Article 10 (commencing with Section
35290) of, Article 10.3 (commencing with Section 35294) of, Article 10.4 (commencing
with Section 35294.10) of, Article 10.41 (commencing with Section 35294.20) of,
Article 10.5 (commencing with Section 35295) of, Article 12 (commencing with
Section 35310) of, Article 13 (commencing with Section 35330) of, Article 13.5
(commencing with Section 35335) of, Article 15 (commencing with Section 35350) of,
and Article 16 (commencing with Section 35400) of, Chapter 2 of Part 21 of, to repeal
Chapter 1 (commencing with Section 1) of, Chapter 2 (commencing with Section 200)
of, Chapter 4 (commencing with Section 400) of, Chapter 5 (commencing with Section
420) of, and Chapter 6 (commencing with Section 430) of, Part 1 of, to repeal Chapter
3 (commencing with Section 33300) of, and Chapter 4 (commencing with Section
33500) of, Part 20 of, to repeal Chapter 1 (commencing with Section 35000) of Part 21
of, to repeal Part 2 (commencing with Section 1000) of, Part 3 (commencing with
Section 4000) of, Part 4 (commencing with Section 5000) of, Part 5 (commencing with
Section 7000) of, Part 6 (commencing with Section 8006) of, Part 7 (commencing with
Section 10000) of, Part 8. 5 (commencing with Section 13000) of, Part 8.7
(commencing with Section 13040) of, Part 10 (commencing with Section 15100) of,
Part 10.5 (commencing with Section 17210) of, Part 10.7 (commencing with Section
17910) of, Part 10.8 (commencing with Section 17920) of, Part 11 (commencing with
Section 18010) of, Part 12 (commencing with Section 21100) of, Part 19 (commencing
with Section 32001) of, Part 19.5 (commencing with Section 32500) of, Part 22
(commencing with Section 37060) of, Part 23 (commencing with Section 38000) of,
Part 23 (commencing with Section 39672) of, Part 23.5 (commencing with Section
39800) of, Part 25 (commencing with Section 44000) of, Part 26 (commencing with
Section 46000) of, Part 26.8 (commencing with Section 47600) of, Part 26.95
(commencing with Section 47750) of, Part 27 (commencing with Section 48000) of,
Part 28 (commencing with Section 51000) of, Part 29 (commencing with Section
54000) of, Part 31 (commencing with Section 58400) of, Part 32 (commencing with
Section 59000) of, Part 33 (commencing with Section 60000) of, Part 34 (commencing
with Section 62000) of, Part 35 (commencing with Section 63000) of, Part 36
(commencing with Section 64000) of, Part 37 (commencing with Section 64100) of, and
Part 38 (commencing with Section 64200) of, the Education Code, relating to education.
  ASSEMBLY BILL NO. 425—Richman. An act to amend Section 743.1 of the
Public Utilities Code, relating to public utilities.
  ASSEMBLY BILL NO. 426—Richman. An act to add Section 139 to the Water
Code, relating to the State Water Project.
  ASSEMBLY BILL NO. 427—Longville. An act to amend Section 180201 of the
Public Utilities Code, relating to transportation.
   ASSEMBLY BILL NO. 428—Richman. An act to add Section 367.6 to the Public
Utilities Code, and to amend Section 80110 of the Water Code, relating to energy
resources.
  ASSEMBLY BILL NO. 429—Dymally. An act to amend Section 104322 of the
Health and Safety Code, relating to cancer.
   ASSEMBLY BILL NO. 430—Dutra and Simitian (Coauthors: Cohn, Diaz,
Houston, and Mullin). An act to add Section 73502.2 to the Water Code, relating
to water.
Feb. 14, 2003                ASSEMBLY JOURNAL                                   401
  ASSEMBLY BILL NO. 431—Mountjoy. An act to amend Sections 3202 and
3208.1 of the Labor Code, relating to workers’ compensation.
  ASSEMBLY BILL NO. 432—Kehoe. An act to amend Section 1371.37 of the
Health and Safety Code, relating to health care service plans.
  ASSEMBLY BILL NO. 433—Nation. An act to amend Sections 71201, 71210,
71211, 71212, 71215, and 71271 of, and to amend the heading of Chapter 4
(commencing with Section 71215) of Division 36 of, the Public Resources Code, and to
amend Sections 44007 and 44008 of the Revenue and Taxation Code, relating to vessels.
  ASSEMBLY BILL NO. 434—Hancock. An act to amend Section 24214 of the
Education Code, relating to state teachers’ retirement.
  ASSEMBLY BILL NO. 435—Matthews (Coauthor: Chavez). An act to amend
Sections 626, 1803.5, 1808.7, 11200, 11202, 11202.5, 11208, 11212, 11214, 11215.5,
11216.2, 11219.5, 11222, 41501, 42005, 42005.1, and 42007 of, to add Sections
11205.2 and 11205.3 to, and to repeal and add Sections 11205 and 11205.1 of, the
Vehicle Code, relating to vehicles.
  ASSEMBLY BILL NO. 436—Lieber. An act to add Section 14133.55 to the Welfare
and Institutions Code, relating to Medi-Cal.
  ASSEMBLY BILL NO. 437—Matthews. An act to amend Section 65891.10 of the
Government Code, relating to economic development.
   ASSEMBLY BILL NO. 438—Lieber. An act to amend Section 1367.67 of the
Health and Safety Code and to amend Section 10123.185 of the Insurance Code, relating
to health care coverage.
  ASSEMBLY BILL NO. 439—Matthews. An act to amend Section 7074 of the
Government Code, relating to economic development.
  ASSEMBLY BILL NO. 440—Maldonado. An act to add Section 3043.6 to the
Penal Code, relating to parole hearings.
 ASSEMBLY BILL NO. 441—Matthews. An act to amend Section 6551 of the
Welfare and Institutions Code, relating to mental health.
  ASSEMBLY BILL NO. 442—Richman. An act to amend Section 42122 of the
Education Code, relating to school finance.
  ASSEMBLY BILL NO. 443—Matthews. An act to add Section 14057 to the
Government Code, relating to transportation.
  ASSEMBLY BILL NO. 444—Vargas. An act to amend Sections 10506.4 and
10507.5 of the Insurance Code, relating to life insurers.
   ASSEMBLY BILL NO. 445—Vargas. An act to add Article 6 (commencing with
Section 4998.90) to Chapter 14 of Division 2 of the Business and Professions Code,
relating to social workers.
  ASSEMBLY BILL NO. 446—Matthews. An act to amend Sections 210, 215, and
220 of the Labor Code, relating to state employees.
  ASSEMBLY BILL NO. 447—Vargas. An act to amend Section 3154 of the Civil
Code, relating to lien claims.
  ASSEMBLY BILL NO. 448—Matthews. An act to amend Section 42239.1 of the
Education Code, relating to intensive reading programs.
   ASSEMBLY BILL NO. 449—Vargas. An act to amend Sections 22352 and 40802
of the Vehicle Code, relating to vehicles.
  ASSEMBLY BILL NO. 450—Maze. An act relating to water, and making an
appropriation therefor.
  ASSEMBLY BILL NO. 451—Lowenthal. An act to add Section 17052 to the
Business and Professions Code, relating to cellular telephone service.
   ASSEMBLY BILL NO. 452—Lieber. An act to amend Section 116.220 of the Code
of Civil Procedure, relating to small claims court.
402                           ASSEMBLY JOURNAL                       Feb. 14, 2003
  ASSEMBLY BILL NO. 453—Yee. An act to add Section 5110 to the Public Contract
Code, relating to public contracts.
  ASSEMBLY BILL NO. 454—Yee. An act to add and repeal Division 9
(commencing with Section 8000) to the Harbors and Navigation Code, relating to San
Francisco port security.
   ASSEMBLY BILL NO. 455—Chu. An act to add Article 10.3 (commencing with
Section 25214.11) to Chapter 6.5 of Division 20 of the Health and Safety Code, relating
to hazardous waste.
  ASSEMBLY BILL NO. 456—Mullin. An act to amend Section 11622 of the
Insurance Code, and Sections 16054.2, 16056, 16451, 16500, 17151, and 17709 of the
Vehicle Code, relating to automobile liability insurance.
  ASSEMBLY BILL NO. 457—Negrete McLeod. An act to add and repeal Sections
20901.5 and 20904.5 of, and to repeal, add, and repeal Section 20903.5 of, the
Government Code, relating to public employees’ retirement, and declaring the urgency
thereof, to take effect immediately.
  ASSEMBLY BILL NO. 458—Chu. An act to amend Sections 1522.41, 1529.2, and
1563 of the Health and Safety Code, and to amend Sections 16001.9 and 16003 of the
Welfare and Institutions Code, relating to human services.
  ASSEMBLY BILL NO. 459—Negrete McLeod. An act relating to state employees,
and declaring the urgency thereof, to take effect immediately.
  ASSEMBLY BILL NO. 460—Negrete McLeod. An act relating to state employees,
and declaring the urgency thereof, to take effect immediately.
  ASSEMBLY BILL NO. 461—Longville. An act to add Section 14312 to the
Elections Code, relating to elections.
  ASSEMBLY BILL NO. 462—Haynes. An act to amend Section 12050 of the Penal
Code, relating to firearms.
  ASSEMBLY BILL NO. 463—Oropeza. An act relating to economic development.
  ASSEMBLY BILL NO. 464—Levine. An act to add Sections 1586.5, 1586.6.
1586.7, and 1586.8 to the Health and Safety Code, relating to care facilities.
  ASSEMBLY BILL NO. 465—Negrete McLeod. An act relating to state employees,
and declaring the urgency thereof, to take effect immediately.
  ASSEMBLY BILL NO. 466—Steinberg. An act to add Section 6105 to the Public
Contract Code, relating to public contracts.
  ASSEMBLY BILL NO. 467—Dutra. An act relating to transportation.
  ASSEMBLY BILL NO. 468—Jackson. An act relating to the state budget.
  ASSEMBLY BILL NO. 469—Samuelian. An act to amend Section 42300 of the
Health and Safety Code, relating to air quality.
  ASSEMBLY BILL NO. 470—Bermudez. An act to add Section 65008.5 to the
Government Code, relating to land use.
  ASSEMBLY BILL NO. 471—Simitian. An act to amend Section 72303 of the
Public Resources Code, relating to air emissions.
  ASSEMBLY BILL NO. 472—Correa. An act to amend Section 101315 of the
Health and Safety Code, relating to health, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.
  ASSEMBLY BILL NO. 473—Correa. An act to amend Sections 7071.17, 7085.5,
7085.6, and 7090.1 of the Business and Professions Code, relating to contractors.
  ASSEMBLY BILL NO. 474—Salinas. An act to amend Section 60201 of the
Government Code, relating to districts.
  ASSEMBLY BILL NO. 475—Correa. An act to amend Section 20200 of the
Government Code, relating to public employees’ retirement.
Feb. 14, 2003                ASSEMBLY JOURNAL                                   403
  ASSEMBLY BILL NO. 476—Correa. An act to amend Section 22825 of the
Government Code, relating to the Public Employees’ Medical and Hospital Care Act.
  ASSEMBLY BILL NO. 477—Haynes. An act to amend Section 12804.9 of the
Vehicle Code, relating to vehicles.
  ASSEMBLY BILL NO. 478—Ridley-Thomas. An act to amend Section 22851.3 of
the Vehicle Code, relating to vehicles.
  ASSEMBLY BILL NO. 479—Maldonado. An act to amend Section 17209.3,
17304, 17312, 17314, 17321, and 17331.2 of the Financial Code, relating to escrow
agents.
   ASSEMBLY BILL NO. 480—Ridley-Thomas. An act to amend Section 15339.29
of the Government Code, relating to economic development.
  ASSEMBLY BILL NO. 481—Diaz. An act to amend Sections 52241, 52242, 52244,
and 52922 of the Education Code, relating to pupils.
   ASSEMBLY BILL NO. 482—Cogdill. An act to amend Sections 5080.05 and
5080.17 of, and to add Section 5080.22 to, the Public Resources Code, relating to
state parks.
  ASSEMBLY BILL NO. 483—Ridley-Thomas. An act to amend Section 4103 of the
Food and Agricultural Code, relating to the California Science Center.
   ASSEMBLY BILL NO. 484—Cogdill. An act to amend Sections 23153 and 38063
of the Revenue and Taxation Code, relating to taxation.
   ASSEMBLY BILL NO. 485—Ridley-Thomas. An act to amend Section 4979.7 of
the Financial Code, relating to consumer loans.
   ASSEMBLY BILL NO. 486—Parra. An act to amend Sections 14601 and 14601.2
of the Vehicle Code, relating to vehicles.
  ASSEMBLY BILL NO. 487—Ridley-Thomas. An act to amend Section 2105 of,
and to add Section 2105.1 to, the Elections Code, relating to elections.
   ASSEMBLY BILL NO. 488—Parra. An act to amend Sections 290 and 290.01 of
the Penal Code, relating to sex offenders, and declaring the urgency thereof, to take
effect immediately.
  ASSEMBLY BILL NO. 489—Oropeza. An act relating to energy resources.
   ASSEMBLY BILL NO. 490—Steinberg (Coauthors: Cohn, Diaz, Lieber,
Maldonado, Mullin, Negrete McLeod, and Vargas) (Coauthors: Senators Kuehl,
Perata, and Romero). An act to amend Sections 48645.5 48850, 49069.5, and 49076
of, to add Sections 48853 and 48853.5 to, the Education Code, and to amend Sections
361, 726, and 16000 of the Welfare and Institutions Code, relating to minors.
  ASSEMBLY BILL NO. 491—Diaz. An act to add Section 89750.3 to the Education
Code, relating to the California State University.
  ASSEMBLY BILL NO. 492—Cogdill. An act to amend Section 3403 of the Fish
and Game Code, relating to wildlife management, and making an appropriation therefor.
  ASSEMBLY BILL NO. 493—Salinas. An act to amend Section 50650.3 of the
Health and Safety Code, relating to housing.
  ASSEMBLY BILL NO. 494—Garcia. An act to add Sections 33334.30 and
33334.31 to the Health and Safety Code, relating to redevelopment.
  ASSEMBLY BILL NO. 495—Garcia. An act to amend Section 647.7 to the Penal
Code, relating to crimes.
  ASSEMBLY BILL NO. 496—Correa (Coauthors: Maddox and Negrete
McLeod) (Coauthor: Senator Soto). An act to add and repeal Division 23.6
(commencing with Section 33807) to the Public Resources Code, relating to the
Santa Ana River Conservancy.
  ASSEMBLY BILL NO. 497—Wyland. An act to add Section 60850.1 to the
Education Code, relating to pupil testing.
404                         ASSEMBLY JOURNAL                     Feb. 14, 2003
   ASSEMBLY BILL NO. 498—Canciamilla (Coauthors: Cohn, Daucher, Dutton,
Wolk, and Wyland). An act to add Article 7.65 (commencing with Section 16418.6) to
Title 2 of Division 4 of the Government Code, relating to state government.
  ASSEMBLY BILL NO. 499—Canciamilla (Coauthors: Cohn, Daucher, Wolk,
and Wyland). An act to amend Section 13320 of, and to add Section 13338.5 to, the
Government Code, relating to the state budget.
  ASSEMBLY BILL NO. 500—Diaz. An act to amend Sections 52055.620 and
52055.630 of the Education Code, relating to schools.
  ASSEMBLY BILL NO. 501—Cogdill. An act to amend Section 47200 of the Public
Resources Code, relating to solid waste.
  ASSEMBLY BILL NO. 502—Canciamilla (Coauthors: Daucher, Wolk, and
Wyland). An act to add Section 9029.7 to the Government Code, relating to the
Legislature.
                                RESOLUTIONS
  The following resolutions were offered:
  ASSEMBLY CONCURRENT RESOLUTION NO. 26—Garcia. Relative to
National Volunteer Week.
  ASSEMBLY CONCURRENT RESOLUTION NO. 27—La Suer. Relative to
Memorial Day.
  ASSEMBLY CONCURRENT RESOLUTION NO. 28—Garcia. Relative to Elder
Abuse Prevention Month.
  ASSEMBLY CONCURRENT RESOLUTION NO. 29—Garcia (Coauthor:
Bogh). Relative to Daniel J. Muehlhausen Memorial Highway.
 ASSEMBLY CONCURRENT RESOLUTION NO. 30—Samuelian. Relative to
William ’’’’Bill’’ Lehn Memorial Highway.
  ASSEMBLY CONCURRENT RESOLUTION NO. 31—Montanez and Wesson
(Coauthors: Cohn, Nunez, and Yee) (Coauthor: Senator Kuehl). Relative to
pupil fitness.
  ASSEMBLY CONCURRENT RESOLUTION NO. 32—Richman. Relative to
California Nonprofits and Philanthropy Week.
  ASSEMBLY CONCURRENT RESOLUTION NO. 33—Nation. Relative to the
Day of the Horse.
  ASSEMBLY CONCURRENT RESOLUTION NO. 34—Matthews. Relative to
individuals with developmental disabilities.
   ASSEMBLY CONCURRENT RESOLUTION NO. 35—Samuelian. Relative to
the Steven Lindblom Memorial Freeway.
  ASSEMBLY CONCURRENT RESOLUTION NO. 36—Garcia. Relative to
Freedom Week.
  HOUSE RESOLUTION NO. 16—Matthews. Relative to the budget of the
California State Assembly.
  HOUSE RESOLUTION NO. 17—Canciamilla (Coauthors: Cohn, Daucher,
Dutton, Hancock, Wolk, and Wyland). Relative to the Standing Rules of the
Assembly for the 200304 Regular Session.
Feb. 14, 2003           ASSEMBLY JOURNAL                          405
                         COMMUNICATIONS
  The following communication was presented by the Chief Clerk, and
ordered printed in the Journal:
                                                  February 12, 2003
The Honorable Jack Scott, Chair
  Joint Committee on the Arts
    State Capitol, Room 2057
       Sacramento, California
  Dear Senator Scott: In response to your recommendation, the Senate
Rules Committee has appointed Senator Escutia as a member of the
Joint Committee on the Arts to fill the remaining vacancy.
            Sincerely,
                                                JOHN L. BURTON
                                                Chairman
                           ADJOURNMENT
   At 3 p.m., pursuant to the motion by Assembly Member Firebaugh,
the Assembly adjourned until 12 noon, Tuesday, February 18, 2003,
out of respect to the memory of Leyola Storti, on motion of
Assembly Member Corbett; out of respect to the memory of
Jessica Ortiz-Mendoza, on motion of Assembly Member Wolk;
out of respect to the memory of Gregory O. Wilhelm, on motion
of Assembly Member Cox; out of respect to the memory of
Marta Candelaria Bustamante, on motion of Assembly Member
Steinberg; out of respect to the memory of Mary Welsh, on motion
of Assembly Member Firebaugh; out of respect to the memory of
Robert Hannon and Edith Gunn Jensen, on motion of Assembly
Member Corbett; out of respect to the memory of Thomas S. Cogburn,
on motion of Assembly Member Canciamilla; out of respect to the
memory of Christine Seo, on motion of Assembly Member Frommer;
and out of respect to the memory of Rev. Ronald Williams, on motion of
Assembly Member Pavley.


  LELAND Y. YEE, Assistant Speaker pro Tempore
                                   PAM CAVILEER, Minute Clerk
406                   ASSEMBLY JOURNAL              Feb. 14, 2003

        AMENDMENTS CONSIDERED BY THE
         ASSEMBLY ON FEBRUARY 14, 2003

The following measures were amended in the Assembly on this day:

                       AB RN
                        42 0307123

                      ACR RN
                        14 0307147
                      Daily Total:         2
                  Cumulative Total:        29
Feb. 18, 2003                    ASSEMBLY JOURNAL                                          407

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                       Tuesday, February 18, 2003

                       TWENTY-SIXTH SESSION DAY

                    SEVENTY-NINTH CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
408                      ASSEMBLY JOURNAL              Feb. 18, 2003


              PROCEEDINGS OF THE ASSEMBLY

                            IN ASSEMBLY


                             Assembly Chamber, Sacramento
                                     Tuesday, February 18, 2003
  The Assembly met at 12 noon.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Brian Ebbert reading.
                               ROLL CALL
  The roll was called.
                     Quorum Call of the Assembly
  Assembly Member Richman moved a quorum call of the Assembly.
  Motion carried. Time, 12:01 p.m.
  The Speaker pro Tempore directed the Sergeant at Arms to close the
doors, and to bring in the absent Members.
                            Quorum Present
  At 12:08 p.m., Speaker pro Tempore Kehoe declared a quorum of the
Assembly present.
  The roll call was completed, and the following answered to their
names—77:
Aghazarian       Dymally           Levine           Plescia
Benoit           Firebaugh         Lieber           Reyes
Berg             Frommer           Longville        Richman
Bermudez         Garcia            Lowenthal        Ridley-Thomas
Bogh             Goldberg          Maddox           Runner
Calderon         Hancock           Maldonado        Salinas
Campbell         Harman            Matthews         Samuelian
Canciamilla      Haynes            Maze             Simitian
Chan             Horton, Jerome    McCarthy         Spitzer
Chavez           Horton, Shirley   Montanez         Steinberg
Chu              Houston           Mountjoy         Strickland
Cogdill          Jackson           Mullin           Vargas
Cohn             Keene             Nakanishi        Wiggins
Corbett          Kehoe             Nakano           Wolk
Correa           Koretz            Nation           Wyland
Cox              La Malfa          Negrete McLeod   Yee
Daucher          La Suer           Nunez            Mr. Speaker
Diaz             Laird             Pacheco
Dutra            Leno              Parra
Dutton           Leslie            Pavley
Feb. 18, 2003              ASSEMBLY JOURNAL                              409
                                  PRAYER
   In observance of the Day of Remembrance for Japanese Americans
interned during World War II, Speaker pro Tempore Kehoe invited
Rev. Bob Oshita of the Buddhist Church of Sacramento, to offer
today’s prayer:
   Honored members of the California State Assembly . . .
   It is a pleasure to join with you this morning, in observing this very
special Day of Remembrance; for in remembering the mistakes of our
past, we quietly reaffirm our convictions to ‘‘do the right thing’’ in
living today.
   In this time of growing global tension, it is especially difficult to truly
have a sense of calm within.
   In opening our gathering today, please join me in a moment of calm,
meditative hope and reflection.
   Too often, in the busy-ness of our well scheduled days, we move so
quickly through our agendas . . . trying to complete our lists of things
to do; thinking of where we were, where we will be . . . where we
want to be. And in our haste to do so much, we are unable to appreciate
how fortunate we are to enjoy this Moment of Life . . . just as it is.
   Our tradition is sometimes described as a ‘‘Journey to the Present.’’
The Teaching that helps us to find our Way to the Present . . . and to
live well, the Moment that is NOW; for if we live each moment
well . . . we cannot help . . . but in time . . . look back on a life
well lived.
   We close our meditation, with a Buddhist expression of gratitude
beyond words, we call, O-Nembutsu.
   NamoAmidaButsu.
                   PRESENTATION OF COLORS AND
                 PLEDGE OF ALLEGIANCE TO THE FLAG
  The Presentation of Colors by the Nisei Post 8985 VFW Auxiliary,
Sacramento, was followed by the Pledge of Allegiance to the Flag, led
by Assembly Member Nakano.
        MOTION TO DISPENSE WITH READING OF THE JOURNAL
   Further reading of the Journal of the previous legislative day was
dispensed with on motion of Assembly Member Firebaugh, seconded
by Assembly Member Cogdill.
                   LEAVES OF ABSENCE FOR THE DAY
  By unanimous consent, the following Assembly Members were
granted leaves of absence for the day:
  On personal business, and waiving per diem: Assembly Member Liu.
  Because of illness: Assembly Members Bates and Oropeza.
410                     ASSEMBLY JOURNAL                Feb. 18, 2003
                         COMMUNICATIONS
  The following communications were presented by the Speaker, and
ordered printed in the Journal:
                                             February 11, 2003
Mr. E. Dotson Wilson
  Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:  Appointment of Ellen Corbett
       to California Law Revision Commission
  Dear Mr. Wilson: Please be advised I have appointed
Assemblymember Ellen Corbett to the California Law Revision
Commission. This is a pleasure appointment starting February 11, 2003.
Assemblymember Corbett will be replacing Assemblymember
Howard Wayne.
           Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
                                                 February 11, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:   Reappointment of John Dutra
        to Standing Committee to the Judicial Council on
        Court Technology
  Dear Mr. Wilson: Please be advised I have reappointed
Assemblymember John Dutra to the Standing Committee to the Judicial
Council on Court Technology. This is a term appointment starting
February 11, 2003 and the expiration date is February 26, 2005.
            Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
                                                 February 11, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:   Appointment of Mark Ridley-Thomas
        to Los Angeles Memorial Coliseum Commission
  Dear Mr. Wilson: Please be advised I have appointed
Assemblymember Mark Ridley-Thomas to the Los Angeles Memorial
Coliseum Commission. This is a pleasure appointment starting
February 11, 2003. Assemblymember Ridley-Thomas will be replacing
Assemblymember Roderick Wright.
            Sincerely,
                             HERB J. WESSON, JR.
                             Speaker of the California Assembly
Feb. 18, 2003          ASSEMBLY JOURNAL                        411
                                               February 11, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:  Appointment of Tom Harman
       to Commission on Uniform State Laws
  Dear Mr. Wilson: Please be advised I have appointed
Assemblymember Tom Harman to the Commission on Uniform State
Laws. This is a pleasure appointment starting February 11, 2003.
Assemblymember Harman will be replacing Assemblymember
Howard Wayne.
           Sincerely,
                             HERB J. WESSON, JR.
                             Speaker of the California Assembly
                                               February 12, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:    Reappointment of Jerome Horton and Patricia Wiggins
         to California Workforce Investment Board
  Dear Mr. Wilson: Please be advised I have reappointed
Assemblymembers Jerome Horton and Patricia Wiggins to the
California Workforce Investment Board. These are pleasure
appointments starting February 12, 2003.
             Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
                                               February 12, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:   Appointment of Patty Berg
        to Pacific Fisheries Legislative Task Force
  Dear Mr. Wilson: Please be advised I have appointed
Assemblymember Patty Berg to the Pacific Fisheries Legislative Task
Force. This is a pleasure appointment starting February 12, 2003.
Assemblymember Berg will be replacing Assemblymember Virginia
Strom-Martin.
            Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
412                     ASSEMBLY JOURNAL                Feb. 18, 2003
                                                 February 12, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:   Reappointment of Patricia Wiggins
        to Pacific Fisheries Legislative Task Force
  Dear Mr. Wilson: Please be advised I have reappointed
Assemblymember Patricia Wiggins to the Pacific Fisheries Legislative
Task Force. This is a pleasure appointment starting February 12, 2003.
            Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
                                                 February 12, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:   Reappointment of Fran Pavley, Jackie Goldberg and
        Paul Koretz to Santa Monica Mountains Conservancy
  Dear Mr. Wilson: Please be advised I have reappointed
Assemblymembers Fran Pavley, Jackie Goldberg and Paul Koretz
to the Santa Monica Mountains Conservancy. These are pleasure
appointments starting February 12, 2003.
           Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
                                                 February 12, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:  Reappointment of Jackie Goldberg
       to School Building Finance Committee
  Dear Mr. Wilson: Please be advised I have reappointed
Assemblymember Jackie Goldberg to the School Building Finance
Committee. This is a pleasure appointment starting February 12, 2003.
           Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
Feb. 18, 2003           ASSEMBLY JOURNAL                           413
                                                 February 12, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:    Appointment of Loni Hancock
         to School Building Finance Committee
  Dear Mr. Wilson: Please be advised I have appointed
Assemblymember Loni Hancock to the School Building Finance
Committee. This is a pleasure appointment starting February 12, 2003.
Assemblymember Hancock will be replacing Assemblymember
Virginia Strom-Martin.
             Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
                                                 February 13, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:    Reappointment of Ellen Corbett
         to California Public Library Construction and Renovation Board
   Dear Mr. Wilson: Please be advised I have reappointed
Assemblymember Ellen Corbett to the California Public Library
Construction and Renovation Board. This is a pleasure appointment
starting February 13, 2003.
             Sincerely,
                                  HERB J. WESSON, JR.
                                  Speaker of the California Assembly
                                                 February 13, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:   Reappointment of Alan Lowenthal
        to Mobilehome Park Inspection Program Task Force
  Dear Mr. Wilson: Please be advised I have reappointed
Assemblymember Alan Lowenthal to the Mobilehome Park Inspection
Program Task Force. This is a pleasure appointment starting
February 13, 2003.
           Sincerely,
                             HERB J. WESSON, JR.
                             Speaker of the California Assembly
414                      ASSEMBLY JOURNAL                Feb. 18, 2003
                                                  February 14, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:    Appointment of Alice Duff
         to California Children and Families First Commission
   Dear Mr. Wilson: Please be advised I have appointed Dr. Alice Duff
to the California Children and Families First Commission. This is a term
appointment starting February 14, 2003 and the expiration date is
December 12, 2006. Dr. Duff will be replacing Ms. Karen Hill-Scott.
             Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
                                                  February 14, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:   Appointment of Mark Ridley-Thomas
        to California Small Business Board
  Dear Mr. Wilson: Please be advised I have appointed
Assemblymember Mark Ridley-Thomas to the California Small
Business Board. This is a pleasure appointment starting February 14,
2003. Assemblymember Ridley-Thomas will be replacing
Assemblymember Rebecca Cohn.
            Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
                                                  February 14, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE: Appointment of Nicole Parra to Rural Development Council
  Dear Mr. Wilson: Please be advised I have appointed
Assemblymember Nicole Parra to the Rural Development Council.
This is a term appointment starting February 14, 2003 and the expiration
date is February 14, 2005. Assemblymember Parra will be filling the
vacancy of former Assemblymember Dean Florez.
              Sincerely,
                                  HERB J. WESSON, JR.
                                  Speaker of the California Assembly
Feb. 18, 2003            ASSEMBLY JOURNAL                            415
                                                   February 14, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:     Appointment of Patty Berg
          to Wildlife Conservation Board
   Dear Mr. Wilson: Please be advised I have appointed
Assemblymember Patty Berg to the Wildlife Conservation Board. This
is a pleasure appointment starting February 14, 2003. Assemblymember
Berg will be replacing Assemblymember John Laird.
              Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
                               REPORTS
  The following letter of transmittal was presented by the Chief Clerk
and ordered printed in the Journal:
                        California State Auditor
                                                        2002–001
                                                   February 13, 2003
The Honorable Speaker of the Assembly
   The Honorable Members of the Assembly
          of the Legislature of California
     State Capitol, Room 3196
        Sacramento, California
   Members of the Assembly: The Bureau of State Audits presents its
Independent Auditor’s Report on the State of California’s basic
financial statements for the fiscal year ended June 30, 2002. These
financial statements are presented on a basis in conformity with
generally accepted accounting principles (GAAP). The financial
statements show that the State’s General Fund had revenues and other
financing sources that were approximately $11.1 billion less than
expenditures and other financing uses. The General Fund ended the
fiscal year with a fund deficit of approximately $3.5 billion. The GAAP
basis government-wide statements include all liabilities owed by the
state while the budgetary basis statements that are used to report on the
State’s budget do not reflect all liabilities.
   We conducted the audit to comply with the California Government
Code, Section 8546.4.
              Respectfully submitted,
                                                ELAINE M. HOWLE
                                                State Auditor
   Above report referred to the Committee on Budget.
416                         ASSEMBLY JOURNAL                    Feb. 18, 2003
  The following reports were presented by the Chief Clerk:
         Implications of Future Oxides of Nitrogen Controls from
               Seasonal Sources in the San Joaquin Valley
      (Pursuant to Assembly Bill 2283, Chapter 397, Statutes of 2000)
   Above transmitted report, together with letter of transmittal
from Alan C. Lloyd, Ph.D., Chairman, Air Resources Board, dated
February 6, 2003, referred by the Speaker to the Committee on Natural
Resources.
      Senate Bill No. 960, Section 13 Report on Timely Resolution of
         Proceedings and Commissioner Presence at Hearings
                 (Pursuant to Senate Bill 960, Chapter 856
                             Statutes of 1996)
  Above transmitted report, together with letter of transmittal from
Wesley M. Franklin, Executive Director, Public Utilities Commission,
dated February 7, 2003, referred by the Speaker to the Committee on
Utilities and Commerce.
             STRS Comprehensive Annual Financial Report for
                   the Fiscal Year Ended June 30, 2002
               (Pursuant to Education Code, Section 22324)
  Above transmitted report, together with letter of transmittal from
Jack Ehnes, Chief Executive Officer, State Teacher’s Retirement
System, dated February 7, 2003, referred by the Speaker to the
Committee on Public Employees, Retirement and Social Security.
               ENGROSSMENT AND ENROLLMENT REPORTS
                                           Assembly Chamber, February 18, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Concurrent Resolution No. 14
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
  Above resolution ordered on file.
                                           Assembly Chamber, February 18, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Bill No. 42
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
  Above bill re-referred to committee.
                  REFERENCE OF BILLS TO COMMITTEE
   Pursuant to the Assembly Rules, the following bills were referred
to committee:
  Assembly
    Bill No.                         Committee
         3 – – – – – – – – – – – – B. & F. and Jud.
     229 – – – – – – – – – – – – B. & P.
     279 – – – – – – – – – – – – V.A. and Ins.
     293 – – – – – – – – – – – – Health and Rev. & Tax.
     307 – – – – – – – – – – – – Higher Ed.
     308 – – – – – – – – – – – – Jud.
     309 – – – – – – – – – – – – Jud.
     311 – – – – – – – – – – – – Pub. S.
     313 – – – – – – – – – – – – B. & F.
     315 – – – – – – – – – – – – Agri.
Feb. 18, 2003                ASSEMBLY JOURNAL                                   417
     317 – – – – – – – – – – – – Agri.
     319 – – – – – – – – – – – – Pub. S.
     320 – – – – – – – – – – – – B. & P.
     322 – – – – – – – – – – – – Rev. & Tax.
     323 – – – – – – – – – – – – V.A.
     324 – – – – – – – – – – – – L. & E.
     326 – – – – – – – – – – – – L. Gov.
     327 – – – – – – – – – – – – Trans.
     328 – – – – – – – – – – – – Ed.
     329 – – – – – – – – – – – – Agri.
     330 – – – – – – – – – – – – L. & E.
     331 – – – – – – – – – – – – Ins.
     332 – – – – – – – – – – – – L. Gov. and Trans.
     333 – – – – – – – – – – – – H. & C.D.
     336 – – – – – – – – – – – – Pub. S.
     339 – – – – – – – – – – – – Rev. & Tax.
     340 – – – – – – – – – – – – Pub. S.
     341 – – – – – – – – – – – – B. & P.
     342 – – – – – – – – – – – – W.,P. & W.
     343 – – – – – – – – – – – – Health
     344 – – – – – – – – – – – – Nat. Res.
     346 – – – – – – – – – – – – E.,R. & C.A.
     347 – – – – – – – – – – – – Agri.
     348 – – – – – – – – – – – – Health
     349 – – – – – – – – – – – – Ed.
     351 – – – – – – – – – – – – Trans.
     352 – – – – – – – – – – – – Pub. S.
     354 – – – – – – – – – – – – Pub. S.
     355 – – – – – – – – – – – – Pub. S.
     356 – – – – – – – – – – – – Ed.
     358 – – – – – – – – – – – – Health
     359 – – – – – – – – – – – – Pub. S.
Assembly Concurrent
   Resolution No.                  Committee
      24 – – – – – – – – – – – – Rls.
                          AUTHOR’S AMENDMENTS
                          Committee on Public Safety
                                                             February 18, 2003
  Mr. Speaker: The Chair of your Committee on Public Safety reports:
  Assembly Bill No. 101
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                              LENO, Chairman
  ASSEMBLY BILL NO. 101—An act to amend Sections 6455 and 10471 of the
Business and Professions Code, to amend Sections 704.090, and 2033.5 of the Code of
Civil Procedure, to amend Section 13963 of the Government Code, to amend Sections
243, 262, 273.5, 273.6, 422.95, 484.1, 550, 1202.4, 1203, 1203.044, 1203.097, 1203.1,
1203.1d, 1203.2, 1203.3, 1214, 1463.18, 2085.5, and 3000 of, to add Title 8.5
(commencing with Section 1230) to Part 2 of, and to repeal Sections 1202.42, 1202.43,
1202.45, 1202.46, 1214.5 of, the Penal Code, and to amend Sections 730.6, 1752.81,
1752.82, and 1766.1 of the Welfare and Institutions Code, relating to restitution.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
418                          ASSEMBLY JOURNAL                       Feb. 18, 2003
                          AUTHOR’S AMENDMENTS
                         Committee on Transportation
                                                             February 18, 2003
  Mr. Speaker: The Chair of your Committee on Transportation reports:
  Assembly Bill No. 13
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                            DUTRA, Chairman
  ASSEMBLY BILL NO. 13—An act to add Section 118.7 to the Streets and
Highways Code, relating to the Department of Transportation.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
                 REPORTS OF STANDING COMMITTEES
                             Committee on Rules
                                          Date of Hearing: February 18, 2003
 Mr. Speaker: Your Committee on Rules reports:
 Assembly Concurrent Resolution No. 23
With the recommendation: Be adopted.
                                                         NATION, Chairman
  Above resolution ordered to third reading.
                                               Date of Hearing: February 18, 2003
   Mr. Speaker: Your Committee on Rules reports:
   Assembly Concurrent Resolution No. 15
With the recommendation: Be adopted.
   Pursuant to the provisions of Joint Rules Nos. 22.1, 22.2, and 22.3, the committee
recommends that the above resolution be placed on the Consent Calendar.
                                                               NATION, Chairman
  Above resolution ordered to Consent Calendar.
                                          Date of Hearing: February 18, 2003
 Mr. Speaker: Your Committee on Rules reports:
 House Resolution No. 15
With amendments with the recommendation: Amend, and be adopted, as amended.
                                                         NATION, Chairman
  Above resolution ordered on file.
Feb. 18, 2003              ASSEMBLY JOURNAL                        419
                    CONSIDERATION OF DAILY FILE
                 THIRD READING OF ASSEMBLY BILLS
  ASSEMBLY CONCURRENT RESOLUTION NO. 14 (Nakano)—Relative to a
Day of Remembrance.
  Resolution read.
                      Members Made Coauthors of
                  Assembly Concurrent Resolution No. 14
   Assembly Member Nakano was granted unanimous consent to open
the roll for the purpose of permitting Members to add as coauthors of
Assembly Concurrent Resolution No. 14.
                                    Roll Call
  The following Assembly Members indicated a desire to become
coauthors:
  Aghazarian, Benoit, Berg, Bermudez, Bogh, Calderon, Campbell,
Canciamilla, Chavez, Cogdill, Cohn, Corbett, Correa, Daucher, Diaz,
Dutra, Dutton, Firebaugh, Frommer, Garcia, Goldberg, Hancock,
Harman, Haynes, Jerome E. Horton, Houston, Jackson, Keene, Kehoe,
Koretz, La Malfa, La Suer, Laird, Leno, Leslie, Levine, Lieber,
Longville, Lowenthal, Maddox, Maldonado, Matthews, Maze,
McCarthy, Montanez, Mountjoy, Mullin, Nation, Negrete McLeod,
Nunez, Pacheco, Parra, Pavley, Plescia, Reyes, Richman,
Ridley-Thomas, Runner, Salinas, Samuelian, Simitian, Spitzer,
Steinberg, Strickland, Vargas, Wesson, Wiggins, Wolk, and Wyland.
                      Request for Unanimous Consent
   Assembly Member Nakano was granted unanimous consent to take
up Assembly Concurrent Resolution No. 14, as amended, without
reference to print or file, and that the same be considered engrossed.
  Consideration of Assembly Concurrent Resolution No. 14, as Amended
  ASSEMBLY CONCURRENT RESOLUTION NO. 14—Relative to a Day of
Remembrance.
  Resolution read, as amended, and adopted.
  Resolution ordered printed, and transmitted to the Senate.
                           ADJOURN IN MEMORY
   Assembly Member Parra was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Velia Wimbish, of Arvin.
  (Assembly Rule 45.5 suspended.)
                           ADJOURN IN MEMORY
   Assembly Member Reyes was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Richard Reyes, of Salinas.
  (Assembly Rule 45.5 suspended.)
                          ADJOURN IN MEMORY
                        Moment of Silence Observed
  Assembly Member Frommer was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Melissa Fong of his Capitol staff, and that the Assembly
observe a moment of silence in her honor.
  (Assembly Rule 45.5 suspended.)
420                           ASSEMBLY JOURNAL                       Feb. 18, 2003
                             ADJOURN IN MEMORY
  Assembly Member Calderon was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Salvatore DeLorenzo, of Montebello; and Ralph Hauser, of
Whittier.
  (Assembly Rule 45.5 suspended.)
                                      RECESS
  By unanimous consent, at 12:41 p.m., Speaker pro Tempore Kehoe
declared the Assembly recessed.
                                  RECONVENED
  At 12:50 p.m., the Assembly reconvened.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
                             ADJOURN IN MEMORY
   Assembly Member Reyes was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Army Sgt. Gregory M. Frampton, of Fresno.
   Assembly Member Runner was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Felix Lemarinel, of Palmdale.
                             MOTION TO ADJOURN
  At 12:51 p.m., Assembly Member Firebaugh moved that the
Assembly do now adjourn.
  Assembly Member Strickland seconded the motion.
                    REMARKS ON CONDITION OF THE FILE
   Assembly Member Leslie arose to speak on the condition of the file.
           FURTHER CONSIDERATION OF MOTION TO ADJOURN
   The question being on the motion of Assembly Member Firebaugh
that the Assembly adjourn.
   Motion carried.
           QUORUM CALL OF THE ASSEMBLY DISPENSED WITH
   At 12:52 p.m., Speaker pro Tempore Kehoe declared the quorum call
of the Assembly dispensed with.
                   INTRODUCTION AND FIRST READING OF
                            ASSEMBLY BILLS
   The following bills were introduced and read the first time:
  ASSEMBLY BILL NO. 503—Kehoe (Coauthor: Dymally) (Coauthor: Senator
Kuehl). An act to amend Section 7050 of the Education Code, relating to school and
community college employees.
  ASSEMBLY BILL NO. 504—Yee (Coauthor: Nation). An act to amend Section
5560 of the Public Resources Code, relating to parks and recreation.
 ASSEMBLY BILL NO. 505—Wiggins. An act to amend Section 73.5 of the
Military and Veterans Code, relating to veterans.
  ASSEMBLY BILL NO. 506—Maze. An act to amend Section 13823.11 of the Penal
Code, relating to sexual assault victims.
  ASSEMBLY BILL NO. 507—Hancock. An act to add Article 2 (commencing with
Section 1915) to Chapter 2 of Part 7 of the Labor Code, relating to public employment.
Feb. 18, 2003                 ASSEMBLY JOURNAL                                     421
   ASSEMBLY BILL NO. 508—McCarthy. An act to amend Sections 233 and 234 of
the Public Utilities Code, relating to telecommunications.
   ASSEMBLY BILL NO. 509—Jerome Horton. An act to amend Sections 19596.1
and 19596.2 of, and to add Section 19596.3 to, the Business and Professions Code,
relating to horse racing, and making an appropriation therefor.
 ASSEMBLY BILL NO. 510—La Malfa. An act to add Section 14105.48 to the
Welfare and Institutions Code, relating to Medi-Cal.
  ASSEMBLY BILL NO. 511—Diaz. An act to add Section 60619 to the Education
Code, relating to pupil testing.
  ASSEMBLY BILL NO. 512—Bates. An act to amend Sections 1363 and 1368 of, to
add Sections 1350.5 and 1350.7 to, to add Article 4 (commencing with Section
1357.100) and Article 2 (commencing with 1378.010) to, and to add chapter and article
headings to Title 6 (commencing with Section 1350) of Part 4 of Division 2 of, the Civil
Code, relating to common interest developments.
   ASSEMBLY BILL NO. 513—Matthews. An act to amend Section 219 of the Code
of Civil Procedure, relating to jurors.
  ASSEMBLY BILL NO. 514—Kehoe. An act to add Section 14670.45 to the
Government Code, relating to state property.
  ASSEMBLY BILL NO. 515—Matthews. An act to amend Section 20122 of the
Public Contract Code, relating to public contracts.
  ASSEMBLY BILL NO. 516—Matthews. An act to amend Section 7073 of the
Government Code, relating to economic development.
  ASSEMBLY BILL NO. 517—Oropeza. An act to amend Section 923 of the Labor
Code, relating to employment.
  ASSEMBLY BILL NO. 518—Salinas. An act to amend Section 56668 of the
Government Code, relating to local agency formation.
  ASSEMBLY BILL NO. 519—Strickland. An act to add Section 5072 to the Penal
Code, relating to prisoner rehabilitation.
  ASSEMBLY BILL NO. 520—Salinas. An act to add Section 57202.1 to the
Government Code, relating to local agency reorganization.
  ASSEMBLY BILL NO. 521—Diaz. An act to add Section 4074.5 to the Business
and Professions Code, relating to pharmacies.
  ASSEMBLY BILL NO. 522—Diaz. An act to add Section 1227 to the Government
Code, relating to Matriculas Consular.
   ASSEMBLY BILL NO. 523—Calderon. An act to amend Sections 7507.9 and
7507.10 of, and to add Section 7507.14 to, the Business and Professions Code, relating
to collateral recovery.
  ASSEMBLY BILL NO. 524—Haynes. An act to add Section 361.1 to the Welfare
and Institutions Code, relating to minors.
   ASSEMBLY BILL NO. 525—Cohn. An act to amend Sections 2530.2 and 3351.3
of the Business and Professions Code, relating to hearing aids.
  ASSEMBLY BILL NO. 526—Chan. An act to amend Section 2107 of the Elections
Code, relating to registration.
  ASSEMBLY BILL NO. 527—Leno. An act to amend Section 12693.90 of the
Insurance Code, relating to insurance.
  ASSEMBLY BILL NO. 528—Mullin. An act to amend Section 125275 of the
Health and Safety Code, relating to Alzheimer’s disease.
  ASSEMBLY BILL NO. 529—Mullin. An act to amend Section 1597.70 of the
Health and Safety Code, relating to care facilities.
  ASSEMBLY BILL NO. 530—Mullin. An act to add Section 21669.5 to the Public
Utilities Code, relating to aviation.
422                            ASSEMBLY JOURNAL                        Feb. 18, 2003
   ASSEMBLY BILL NO. 531—Kehoe (Principal coauthor: Levine) (Principal
Coauthor: Senator Torlakson) (Coauthors: Diaz and Lieber). An act to add Chapter
6 (commencing with Section 63090) to Division 1 of Title 6.7 of the Government Code,
relating to financing community infrastructure and economic development, by
providing the funds necessary therefor through the issuance and sale of bonds of the
State of California and by providing for the handling and disposition of those funds, and
declaring the urgency thereof, to take effect immediately.
  ASSEMBLY BILL NO. 532—Mullin. An act to amend Section 51520 of the
Education Code, relating to schools.
  ASSEMBLY BILL NO. 533—Cohn. An act to add Section 17070.37 to the
Education Code, relating to the State Allocation Board.
  ASSEMBLY BILL NO. 534—Vargas. An act to amend Sections 22442, 22442.2,
and 22443 of, and to add Sections 22441.5 and 22442.1 to, the Business and Professions
Code, relating to immigration consultants.
  ASSEMBLY BILL NO. 535—Calderon. An act to repeal and add Section 319 of the
Streets and Highways Code, relating to streets and highways.
 ASSEMBLY BILL NO. 536—Calderon. An act to amend Section 60231 of the
Water Code, relating to water.
  ASSEMBLY BILL NO. 537—Calderon. An act to amend Section 7285 of the
Government Code, relating to employment.
  ASSEMBLY BILL NO. 538—Calderon. An act to amend Section 65048 of the
Government Code, relating to state planning.
  ASSEMBLY BILL NO. 539—Cohn. An act to amend Section 1766 of the Business
and Professions Code, relating to healing arts.
  ASSEMBLY BILL NO. 540—Bogh. An act to add Section 102306 to the Health and
Safety Code, relating to vital statistics.
  ASSEMBLY BILL NO. 541—Runner. An act to add Section 5087 to the Vehicle
Code, relating to vehicles.
   ASSEMBLY BILL NO. 542—Dutra and Parra. An act to amend Section 1563 of
the Code of Civil Procedure, relating to escheat.
   ASSEMBLY BILL NO. 543—Bogh. An act to repeal and add Section 1203.047 of
the Penal Code, relating to high technology crimes.
  ASSEMBLY BILL NO. 544—Montanez. An act to amend Section 7026 of the
Business and Professions Code, relating to contractors.
  ASSEMBLY BILL NO. 545—Montanez. An act to add Section 17077.43 to the
Education Code, relating to school facilities.
  ASSEMBLY BILL NO. 546—Diaz. An act to amend Section 8154 of the Education
Code, relating to apprenticeship education.
  ASSEMBLY BILL NO. 547—Liu. An act to add Section 1367.666 to the Health and
Safety Code, and to add Section 10123.175 to the Insurance Code, relating to health care
coverage.
   ASSEMBLY BILL NO. 548—Calderon. An act to amend Sections 7646 and 7647
of the Business and Professions Code, relating to funeral directors and embalmers.
  ASSEMBLY BILL NO. 549—Cohn. An act to add Section 45125.3 to the Education
Code, relating to school facilities.
  ASSEMBLY BILL NO. 550—Diaz. An act to add Sections 66024.5, 66024.7, and
66024.9 to, and to add the heading of Article 3.5 (commencing with Section 66024.5) to
Chapter 2 of Part 40 of, the Education Code, relating to public postsecondary education.
  ASSEMBLY BILL NO. 551—Cohn. An act to amend Section 42001 of the Vehicle
Code, relating to vehicles.
  ASSEMBLY BILL NO. 552—Chavez (Principal coauthor: Calderon). An act to
add Section 21051.1 to the Government Code, relating to public employees’ retirement.
Feb. 18, 2003                 ASSEMBLY JOURNAL                                     423
   ASSEMBLY BILL NO. 553—Chavez. An act to amend, repeal, and add Section
7205 of the Revenue and Taxation Code, relating to taxation, to take effect immediately,
tax levy.
  ASSEMBLY BILL NO. 554—Daucher. An act to amend Section 76140 of the
Education Code, relating to community colleges.
  ASSEMBLY BILL NO. 555—Bogh. An act to add Section 21230 to the
Government Code, relating to public employees’ retirement.
  ASSEMBLY BILL NO. 556—Strickland. An act to amend Section 11564.5 of, and
to add Section 11564.7 to, the Government Code, relating to state boards and
commissions.
  ASSEMBLY BILL NO. 557—Lowenthal (Coauthor: Laird). An act to amend
Section 21810 of the Vehicle Code, relating to vehicles.
  ASSEMBLY BILL NO. 558—Correa. An act to amend Section 1812.86 of the Civil
Code, relating to health studios.
  ASSEMBLY BILL NO. 559—Harman. An act to add Section 1808.27 to the
Vehicle Code, relating to vehicles.
  ASSEMBLY BILL NO. 560—Goldberg. An act to add Section 35270.5 of the
Education Code, relating to schoolsite acquisition.
  ASSEMBLY BILL NO. 561—Lieber. An act to amend Section 4561 of the Public
Resources Code, relating to timber harvest.
  ASSEMBLY BILL NO. 562—Spitzer. An act relating to water.
  ASSEMBLY BILL NO. 563—Spitzer. An act to amend Section 8592.4 of the
Government Code, relating to public safety
  ASSEMBLY BILL NO. 564—Campbell. An act relating to taxation.
  ASSEMBLY BILL NO. 565—Cogdill. An act to add and repeal Sections 17053.19
and 23619 of the Revenue and Taxation Code, relating to taxation, to take effect
immediately, tax levy.
  ASSEMBLY BILL NO. 566—Yee. An act to amend Sections 7 and 8050 of the Fish
and Game Code, relating to fish.
  ASSEMBLY BILL NO. 567—Simitian. An act to amend Section 17538.45 of the
Business and Professions Code, relating to advertising.
  ASSEMBLY BILL NO. 568—Goldberg. An act to amend Section 14006 of the
Penal Code, relating to the Community Law Enforcement and Recovery Demonstration
Project.
  ASSEMBLY BILL NO. 569—Cohn. An act to amend Section 3048 of the Family
Code, relating to custody.
  ASSEMBLY BILL NO. 570—Chu. An act to amend Section 2675.5 of the Labor
Code, relating to garment manufacturers, and making an appropriation therefor.
  ASSEMBLY BILL NO. 571—Yee. An act to amend Section 19596.2 of the Business
and Professions Code, relating to horse racing.
  ASSEMBLY BILL NO. 572—Yee. An act to amend Sections 98.6, 98.7, 6310, and
6312 of, and to repeal and add Section 6311 of, the Labor Code, relating to employment.
  ASSEMBLY BILL NO. 573—Chu. An act to add Part 8.5 (commencing with
Section 114490) to Division 104 of the Health and Safety Code, relating to public
health, and making an appropriation therefor.
  ASSEMBLY BILL NO. 574—Yee. An act to add Section 9250.16 to the Vehicle
Code, relating to vehicles.
  ASSEMBLY BILL NO. 575—Dutra. An act to amend Sections 31610, 32001,
32106, and 33002 of, and to add Section 34002.5 to, to the Vehicle Code, relating to
motor carriers.
424                            ASSEMBLY JOURNAL                        Feb. 18, 2003
  ASSEMBLY BILL NO. 576—Maze. An act relating to the Visalia Unified School
District.
  ASSEMBLY BILL NO. 577—Jerome Horton. An act to amend Sections 18934,
19574, and 19582 of, and to add Sections 18941, 19574.3, 19707, and 19708 to, the
Government Code, relating to civil service.
  ASSEMBLY BILL NO. 578—Leno. An act to amend Section 27361.4 of, and to add
Section 27279.5 to, the Government Code, relating to county recorders.
  ASSEMBLY BILL NO. 579—Chu. An act to amend Sections 290.1, 290.2, 291,
292, 293, 294, 295, and 366.21 of the Welfare Institutions Code, relating to dependent
children.
  ASSEMBLY BILL NO. 580—Nunez. An act to amend Section 1203.4 of the Penal
Code, relating to firearms.
  ASSEMBLY BILL NO. 581—Chu. An act to amend Section 51226.3 of the
Education Code, relating to curriculum.
  ASSEMBLY BILL NO. 582—Cogdill. An act to add Section 35715.1 to the Vehicle
Code, relating to vehicle weight limits.
  ASSEMBLY BILL NO. 583—Leslie. An act to amend Section 377 of the Public
Utilities Code, relating to public utilities.
   ASSEMBLY BILL NO. 584—Ridley-Thomas. An act to add Chapter 2.3
(commencing with Section 15372.300) to Part 6.7 of Title 2 of the Government Code,
relating to economic development.
  ASSEMBLY BILL NO. 585—Chu. An act relating to tax enforcement.
  ASSEMBLY BILL NO. 586—Koretz. An act to add Chapter 2 (commencing with
Section 68055.10) to, and to add a heading as Chapter 1 (commencing with Section
68055) to, Title 7.9, of the Government Code, relating to solid waste.
  ASSEMBLY BILL NO. 587—Ridley-Thomas. An act to amend Section 2150 of the
Elections Code, relating to voters.
  ASSEMBLY BILL NO. 588—Koretz. An act to amend Section 1834.7 of, and to
add Section 1834.75 to, the Civil Code, relating to animals.
 ASSEMBLY BILL NO. 589—Ridley-Thomas. An act to add Section 85 to the
Metropolitan Water District Act (Chapter 209 of the Statutes of 1969), relating to water.
  ASSEMBLY BILL NO. 590—Cogdill. An act relating to fish.
  ASSEMBLY BILL NO. 591—Strickland. An act relating to school curriculum.
  ASSEMBLY BILL NO. 592—Ridley-Thomas. An act to add Section 7073.5 to the
Government Code, relating to economic development.
  ASSEMBLY BILL NO. 593—Ridley-Thomas. An act to amend Section 3206 of,
and to add Article 3.5 (commencing with Section 2145) to Chapter 2 of Division 2 of,
the Elections Code, and to amend Section 12950 of, and to add Section 12950.5 to, the
Vehicle Code, relating to voter registration.
   ASSEMBLY BILL NO. 594—Leno. An act to add Sections 21080.30 and 21080.31
to the Public Resources Code, relating to environmental protection.
  ASSEMBLY BILL NO. 595—Dutton. An act to amend Section 5307 of the Labor
Code, relating to workers’ compensation.
  ASSEMBLY BILL NO. 596—Dutton. An act to amend Section 4600.2 of the Labor
Code, relating to workers’ compensation.
   ASSEMBLY BILL NO. 597—Dutton. An act to amend and repeal Section 5307.21
of the Labor Code, relating to workers’ compensation.
  ASSEMBLY BILL NO. 598—Hancock. An act to add Section 17074.24 to the
Education Code, relating to public schools.
Feb. 18, 2003               ASSEMBLY JOURNAL                                 425
  ASSEMBLY BILL NO. 599—Dutton. An act to amend Sections 17200, 17204, and
17535 of the Business and Professions Code, relating to unfair competition.
  ASSEMBLY BILL NO. 600—Maddox. An act to add Section 65008.5 to the
Government Code, relating to land use.
  ASSEMBLY BILL NO. 601—Dutton. An act to amend Section 721.5 of the
Revenue and Taxation Code, relating to taxation.
  ASSEMBLY BILL NO. 602—Koretz. An act to add Chapter 2.8 (commencing with
Section 12330) to Title 2 of Part 4 of the Penal Code, relating to ammunition, and
making an appropriation therefor.
                                RESOLUTIONS
  The following resolutions were offered:
  ASSEMBLY CONCURRENT RESOLUTION NO. 37—Parra (Principal
coauthor: Firebaugh) (Coauthor: Reyes). Relative to the University of California.
  ASSEMBLY CONCURRENT RESOLUTION NO. 38—Houston (Principal
coauthor: Senator Torlakson). Relative to Thomas E. Burnett, Jr. Memorial Bridge.
  ASSEMBLY CONCURRENT RESOLUTION NO. 39—Chan (Coauthor:
Senator Torlakson). Relative to the San Francisco-Oakland Bay Bridge.
                                ADJOURNMENT
   At 3 p.m., pursuant to the motion by Assembly Member Firebaugh,
the Assembly adjourned until 7 a.m., Wednesday, February 19, 2003,
out of respect to the memory of Velia Wimbish, on motion of Assembly
Member Parra; out of respect to the memory of Richard Reyes, on
motion of Assembly Member Reyes; out of respect to the memory of
Melissa Fong, on motion of Assembly Member Frommer; out of respect
to the memory of Salvatore DeLorenzo and Ralph Hauser, on motion of
Assembly Member Calderon; out of respect to the memory of
Army Sgt. Gregory M. Frampton, on motion of Assembly Member
Reyes; and out of respect to the memory of Felix Lemarinel, on motion
of Assembly Member Runner.


  HERB J. WESSON, JR., Speaker
                                         PAM CAVILEER, Minute Clerk
426                   ASSEMBLY JOURNAL              Feb. 18, 2003

        AMENDMENTS CONSIDERED BY THE
         ASSEMBLY ON FEBRUARY 18, 2003

The following measures were amended in the Assembly on this day:

                       AB    RN
                        13   0307149
                       101   0302164
                      Daily Total:         2
                  Cumulative Total:        31
Feb. 19, 2003                    ASSEMBLY JOURNAL                                          427

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                    Wednesday, February 19, 2003

                    TWENTY-SEVENTH SESSION DAY

                        EIGHTIETH CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
428                          ASSEMBLY JOURNAL                   Feb. 19, 2003


              PROCEEDINGS OF THE ASSEMBLY

                                IN ASSEMBLY


                                       Assembly Chamber, Sacramento
                                          Wednesday, February 19, 2003
  The Assembly met at 7 a.m.
  Hon. Barbara Matthews, Assembly Member, 17th District,
presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Brian Ebbert reading.
                                   ROLL CALL
  The following were placed upon the morning roll call—75:
Aghazarian           Dutton              Levine             Pavley
Benoit               Dymally             Lieber             Plescia
Berg                 Firebaugh           Longville          Reyes
Bermudez             Frommer             Lowenthal          Richman
Bogh                 Goldberg            Maddox             Ridley-Thomas
Calderon             Hancock             Maldonado          Runner
Campbell             Harman              Matthews           Salinas
Canciamilla          Haynes              Maze               Samuelian
Chan                 Horton, Shirley     McCarthy           Simitian
Chavez               Houston             Montanez           Spitzer
Chu                  Jackson             Mountjoy           Steinberg
Cogdill              Keene               Mullin             Strickland
Cohn                 Kehoe               Nakanishi          Vargas
Corbett              Koretz              Nakano             Wiggins
Correa               La Malfa            Nation             Wolk
Cox                  La Suer             Negrete McLeod     Wyland
Daucher              Laird               Nunez              Yee
Diaz                 Leno                Pacheco            Mr. Speaker
Dutra                Leslie              Parra
  Quorum present.
              At 1:32 p.m., Hon. Russ Bogh, 65th District, presiding
                    REGULAR BUSINESS DISPENSED WITH
  By unanimous consent, the regular order of business of the Assembly
was dispensed with for this legislative day.
                      LEAVES OF ABSENCE FOR THE DAY
  By unanimous consent, the following Assembly Members were
granted leaves of absence for the day:
  On legislative business: Assembly Member Jerome E. Horton.
  On personal business, and waiving per diem: Assembly Member Liu.
  Because of illness: Assembly Members Bates and Oropeza.
  Because of illness in her family: Assembly Member Garcia.
Feb. 19, 2003            ASSEMBLY JOURNAL                              429
                     EXPLANATIONS OF ABSENCE
   Pursuant to the Assembly Rules, the following explanation of
absence was ordered printed in the Journal:
                                                  February 18, 2003
Honorable Herb J. Wesson, Jr.
  Speaker of the Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker: I am respectfully requesting permission to be
excused from Check-In Session on Wednesday, February 19, 2003 on
legislative business. I will be returning to Sacramento on Thursday,
February 20, 2003 in time for Assembly Floor Session.
   I thank you in advance for your consideration of this request and
if you have any questions, please contact me at (916) 319-2051
or (916) 207-5100.
             Sincerely,
                         JEROME E. HORTON, Assembly Member
                         Fifty-first District
                               REPORTS
  The following reports were presented by the Chief Clerk:
              Cancer Research Program Annual Report to
                 the California State Legislature, 2000
         (Pursuant to Health and Safety Code Section 104187(l))
  Above transmitted report, together with letter of transmittal from
Diana M. Bonta, R.N., Dr. P. H., Director, Department of Health
Services, dated January 6, 2003, referred by the Speaker to the
Committee on Health.
            HIV—Early Intervention Program Report, 2000
      (Pursuant to Senate Bill 1360, Chapter 415, Statutes of 1995)
  Above transmitted report, together with letter of transmittal from
Diana M. Bonta, R.N., Dr. P. H., Director, Department of Health
Services, referred by the Speaker to the Committee on Health.
            2002 Annual Inspection of the State Water Project
      (Pursuant to Assembly Bill 150, Chapter 180, Statutes of 1967)
  Above transmitted report, together with letter of transmittal from
Daniel M. Dooley, Chairman, California Water Commission, dated
February 10, 2003, referred by the Speaker to the Committee on Water,
Parks and Wildlife.
                       2002 Progress Report on
                Securing Supplemental Sources of Water
            to Augment Existing Supplies During Dry Years
     (Pursuant to Assembly Bill 1823, Chapter 841, Statutes of 2002)
  Above transmitted report, together with letter of transmittal from
Patricia E. Martel, General Manager, San Francisco Public Utilities
Commission, dated January 27, 2003, referred by the Speaker to the
Committee on Local Government.
430                            ASSEMBLY JOURNAL                        Feb. 19, 2003
               ENGROSSMENT AND ENROLLMENT REPORTS
                                           Assembly Chamber, February 19, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Concurrent Resolution No. 23
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
   Above resolution ordered on file.
                                           Assembly Chamber, February 19, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Concurrent Resolution No. 15
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
   Above resolution ordered to the Consent Calendar.
                                           Assembly Chamber, February 19, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Bill No. 13
  Assembly Bill No. 101
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
   Above bills re-referred to committee.
                   INTRODUCTION AND FIRST READING OF
                            ASSEMBLY BILLS
   The following bills were introduced and read the first time:
  ASSEMBLY BILL NO. 603—Garcia. An act to amend Section 18370 of the
Elections Code, relating to elections.
  ASSEMBLY BILL NO. 604—Dymally. An act to amend Section 47651 of the
Education Code, relating to charter schools.
  ASSEMBLY BILL NO. 605—Yee. An act to amend Sections 1, 5, and 7 of Chapter
489 of the Statutes of 2001, relating to lands granted in trust to the City and County of
San Francisco.
   ASSEMBLY BILL NO. 606—Liu. An act to amend Section 75 of the Labor Code,
relating to workers’ compensation.
  ASSEMBLY BILL NO. 607—Plescia. An act to add Section 65598.5 to, and to add
Article 11 (commencing with Section 65610) to Chapter 3 of Division 1 of Title 7 of, the
Government Code, relating to water conservation.
  ASSEMBLY BILL NO. 608—Daucher. An act relating to state regulations.
  ASSEMBLY BILL NO. 609—La Suer. An act to amend Section 8718 of the Family
Code, relating to adoption.
  ASSEMBLY BILL NO. 610—Diaz. An act to amend Section 17592.5 of the
Education Code, relating to public schools.
   ASSEMBLY BILL NO. 611—Negrete McLeod. An act to add Section 1648.30 to
the Business and Professions Code, relating to dentistry.
   ASSEMBLY BILL NO. 612—Campbell. An act to repeal and add Section 17302 of
the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax
levy.
  ASSEMBLY BILL NO. 613—Campbell. An act to add Section 17582 to the
Government Code, relating to state-mandated local programs.
   ASSEMBLY BILL NO. 614—Lowenthal. An act to add Chapter 1.5 (commencing
with Section 18500) to Division 8 of the Business and Professions Code, relating to
athletic trainers.
Feb. 19, 2003                 ASSEMBLY JOURNAL                                   431
  ASSEMBLY BILL NO. 615—Bates. An act to amend Section 33590 of the
Education Code, relating to special education.
  ASSEMBLY BILL NO. 616—Vargas. An act to amend Section 22852 of the
Vehicle Code, relating to vehicles.
  ASSEMBLY BILL NO. 617—Spitzer. An act to amend Section 8880.28 of the
Government Code, relating to the California State Lottery.
  ASSEMBLY BILL NO. 618—Levine. An act to add Section 5025 to the Vehicle
Code, relating to vehicles, and making an appropriation therefor.
  ASSEMBLY BILL NO. 619—Garcia. An act to amend Section 29550.4 of the
Government Code, relating to booking fees.
  ASSEMBLY BILL NO. 620—Leno. An act to amend Section 10229 of the Business
and Professions Code, relating to real estate.
   ASSEMBLY BILL NO. 621—Nakanishi. An act to add Section 901 to the Business
and Professions Code, and to add Section 1714.12 to the Civil Code, relating to health
services.
  ASSEMBLY BILL NO. 622—Hancock. An act to amend Section 12281 of the
Elections Code, relating to preelection procedures.
  ASSEMBLY BILL NO. 623—Lieber. An act to amend Section 1191.10 of, and to
add Section 374.9 to, the Penal Code, relating to hazardous chemicals.
  ASSEMBLY BILL NO. 624—Lieber. An act to amend Sections 798.55, 798.56,
798.58, and 798.74 of the Civil Code, relating to mobilehomes.
  ASSEMBLY BILL NO. 625—Spitzer. An act to add Section 22658.3 to the Vehicle
Code, relating to vehicles.
  ASSEMBLY BILL NO. 626—Liu. An act to add Section 10326.1 to the Public
Contract Code, relating to state motor vehicles.
  ASSEMBLY BILL NO. 627—Aghazarian. An act to add Section 51223 to the
Government Code, relating to land use.
   ASSEMBLY BILL NO. 628—Runner. An act to amend Sections 18662 and 18668
of the Revenue and Taxation Code, relating to taxation.
  ASSEMBLY BILL NO. 629—Oropeza. An act to amend Section 5440 of, and to
add Section 5442.12 to, the Business and Professions Code, relating to outdoor
advertising.
  ASSEMBLY BILL NO. 630—Maddox. An act to amend Section 4022 of the Public
Resources Code, relating to forestry.
  ASSEMBLY BILL NO. 631—Koretz (Principal coauthor: Lieber). An act to
amend Sections 10270.3 and 12959, and to add Chapter 10.27 (commencing with
Section 672) to Part 1 of Division 1, of the Insurance Code, relating to automobile
medical payments insurance.
   ASSEMBLY BILL NO. 632—Kehoe. An act to amend Section 22754 of the
Government Code, and to amend Section 12303.25 of, and to add Section 12302.21 to,
the Welfare and Institutions Code, relating to public social services, and making an
appropriation therefor.
  ASSEMBLY BILL NO. 633—Maze. An act to amend Sections, 209, 653f, and
667.61 of the Penal Code, relating to crimes.
  ASSEMBLY BILL NO. 634—Steinberg. An act to amend Section 2023 of, and to
add Section 2031.1 to, the Code of Civil Procedure, relating to civil actions.
  ASSEMBLY BILL NO. 635—Wiggins. An act to amend Section 6930 of the Fish
and Game Code, relating to fish, and making an appropriation therefor.
  ASSEMBLY BILL NO. 636—Frommer. An act to add Part 4 (commencing with
Section 1000) to Division 1 of the Health and Safety Code, relating to autism.
432                            ASSEMBLY JOURNAL                        Feb. 19, 2003
  ASSEMBLY BILL NO. 637—Harman. An act to amend Sections 17525, 17529,
17558, 17558.5, 17560, 17610, 17615.7, and 17616 of, and to add Sections 17527.5 and
17616.1 to, the Government Code, relating to state-mandated local programs.
  ASSEMBLY BILL NO. 638—Longville. An act to add Section 13353.42 to the
Vehicle Code, relating to vehicles.
  ASSEMBLY BILL NO. 639—Liu. An act to add Article 5.5 (commencing with
Section 52400) to Chapter 9 of Part 28 of the Education Code, relating to public schools.
  ASSEMBLY BILL NO. 640—Dutra. An act to relating to school finance.
  ASSEMBLY BILL NO. 641—Nakanishi. An act relating to health care.
  ASSEMBLY BILL NO. 642—Mullin. An act to add Section 60605.3 to the
Education Code, relating to curriculum.
  ASSEMBLY BILL NO. 643—Mullin. An act to amend Sections 140 and 141 of the
Labor Code, relating to occupational safety and health standards.
  ASSEMBLY BILL NO. 644—Mullin. An act to amend Sections 12206, 17058, and
23610.5 of the Revenue and Taxation Code, relating to taxation, to take effect
immediately, tax levy.
  ASSEMBLY BILL NO. 645—Canciamilla. An act to amend Section 5053 of the
Public Resources Code, relating to parks.
  ASSEMBLY BILL NO. 646—Mullin. An act to add Section 53084.5 to the
Government Code, relating to local government.
  ASSEMBLY BILL NO. 647—Nunez. An act to amend Section 1942.4 of the Civil
Code, and to add Section 1174.21 to the Code of Civil Procedure, relating to tenancy.
  ASSEMBLY BILL NO. 648—Dymally. An act to add Article 7 (commencing with
33600) to Chapter 4 of Part 20 of the Education Code, relating to commissions.
  ASSEMBLY BILL NO. 649—Wiggins. An act to add Chapter 13 (commencing
with Section 4850) to Division 4.5 of the Welfare and Institutions Code, relating to
developmental disabilities.
   ASSEMBLY BILL NO. 650—Plescia (Coauthor: Wyland). An act to amend
Section 13 of the County Water Authority Act (Chapter 545 of the Statutes of 1943),
relating to county water authorities.
   ASSEMBLY BILL NO. 651—Corbett. An act to add Article 1.8 (commencing with
Section 52337) to Chapter 9 of Part 28 of the Education Code, and to amend Sections
6377, 17053.49, and 23649 of the Revenue and Taxation Code, relating to taxation, to
take effect immediately, tax levy.
  ASSEMBLY BILL NO. 652—Leno. An act to repeal and add Section 4980.02 of the
Business and Professions Code, relating to marriage and family therapists.
  ASSEMBLY BILL NO. 653—Nunez (Coauthor: Jackson). An act to amend
Section 15814.15 of the Government Code, relating to energy efficiency.
  ASSEMBLY BILL NO. 654—Goldberg. An act to add Section 87482.8 to the
Education Code, relating to community colleges.
   ASSEMBLY BILL NO. 655—Liu. An act to amend Sections 11001, 66010.6,
66021.2, 66022, 66903, 69432.7, 69506.5, 69507.5, 69508, 69515, 69517, 69517.5,
69518, 69532, 69534.1, 69534.4, 69535.5, 69541, 69546, 69546.5, 69561, 69561.5,
69562, 69563, 69613, 69618, 69618.3, 69620, 69622, 69623, 69625, 69626, 69627,
69730, 69731, 69740, 69763.1, 69763.2, 69763.3, 69763.4, 69766, 69769.5, 69951,
69952, 69954, 69958, 69965, 69966, 69967, 69984, 89347, 94155, 94719.5, 94724,
94728.5, 94770, 94771, 94774.5, 94804, 94835, 94846, 94855, 94870, 94874, 94878,
94920, 94930, 94931, 94948, 94965, and 94995 of, to amend the heading of Article 2
(commencing with Section 69510) of Chapter 2 of Part 42 of, to add Sections 66903.5
and 66904 to, to repeal and add Sections 66901 and 69510, to repeal Sections 69511,
69511.5, and 94990 of, to repeal Chapter 3 (commencing with Section 94300) of Part 59
of, and to repeal Article 16 (commencing with Section 94999) of Chapter 7 of Part 59
Feb. 19, 2003                 ASSEMBLY JOURNAL                                    433
of, the Education Code, to amend Sections 127929 and 128445 of the Health and Safety
Code, to amend Sections 4709 and 4728 of the Labor Code, to amend Section 10340 of
the Public Contract Code, to amend Sections 19533 an 19557 of the Revenue and
Taxation Code, and to amend Section 5024 of the Vehicle Code, relating to
postsecondary education.
  ASSEMBLY BILL NO. 656—Corbett (Principal coauthor: Senator Alpert). An
act to add Section 4001.5 to the Family Code, relating to child support.
  ASSEMBLY BILL NO. 657—Bogh. An act to amend Section 23596 of the Vehicle
Code, relating to vehicles.
  ASSEMBLY BILL NO. 658—Jerome Horton. An act to add Section 19613.9 to the
Business and Professions Code, relating to horse racing.
  ASSEMBLY BILL NO. 659—Jackson (Principal coauthor: Senator Kuehl). An
act to amend Section 13159 and 114815 of the Health and Safety Code, relating to
radioactive waste.
  ASSEMBLY BILL NO. 660—Corbett. An act to add Section 49607 to the
Education Code, relating to school counseling services.
  ASSEMBLY BILL NO. 661—Hancock. An act to amend Section 51513 of the
Education Code, relating to instruction.
  ASSEMBLY BILL NO. 662—Dutra. An act relating to special education.
  ASSEMBLY BILL NO. 663—Correa. An act to amend Sections 7583.39 and
7583.40 of the Business and Professions Code, relating to security services.
   ASSEMBLY BILL NO. 664—Correa. An act to add Sections 5100.1 and 6090.7 to
the Business and Professions Code, and to add Sections 1513, 1514, 1515, 25511,
25537, 25538, and 25540.5 to the Corporations Code, relating to corporations.
  ASSEMBLY BILL NO. 665—Correa. An act to amend Section 5000.5 of the
Business and Professions Code, and to amend Section 301 of, and to add Sections
171.09, 301.1, 301.2, 311.1, 311.2, 311.3, 319, 320, 606, 1513, and 2118 to, the
Corporations Code, relating to corporations.
  ASSEMBLY BILL NO. 666—Haynes. An act to amend Section 38117 of the
Education Code, relating to schools.
  ASSEMBLY BILL NO. 667—Harman. An act to amend Section 19406 of the
Business and Professions Code, relating to horse racing.
  ASSEMBLY BILL NO. 668—Cox. An act to amend Section 65584 of the
Government Code, relating to local planning.
  ASSEMBLY BILL NO. 669—Cohn. An act to amend Sections 14837, 14839,
14842, and 14842.5 of, and to repeal Section 14838.6 of, the Government Code, and to
amend Sections 999, 999.6 and 999.9 of the Military and Veterans Code, relating to
public contracts.
   ASSEMBLY BILL NO. 670—Harman. An act to amend Sections 1700 and 8587.1
of the Fish and Game Code, relating to fish, and making an appropriation therefor.
  ASSEMBLY BILL NO. 671—Corbett. An act to amend Section 7582.24 of the
Business and Professions Code, relating to private security services.
  ASSEMBLY BILL NO. 672—Montanez. An act to add Chapter 12 (commencing
with Section 51515) to Part 3 of Division 31 of the Health and Safety Code, relating to
housing.
  ASSEMBLY BILL NO. 673—Committee on Governmental Organization
(Jerome Horton (Chair), Strickland (Vice Chair), Calderon, Canciamilla, Chavez,
Cohn, Corbett, Firebaugh, Frommer, Harman, Levine, Liu, Longville, Maddox,
McCarthy, Negrete McLeod, Nunez, Oropeza, Wiggins, and Yee). An act to amend
Section 19540 of, and to add Sections 19411.1, 19411.2, and 19412.1 to, the Business
and Professions Code, relating to horse racing.
434                            ASSEMBLY JOURNAL                         Feb. 19, 2003
   ASSEMBLY BILL NO. 674—Haynes. An act to add Chapter 8.76 (commencing
with Section 14598) to Part 3 of Division 9 of the Welfare and Institutions Code, relating
to Medi-Cal.
  ASSEMBLY BILL NO. 675—Strickland. An act to amend Section 19414.5 of the
Business and Professions Code, relating to horse racing.
  ASSEMBLY BILL NO. 676—Nakanishi. An act to add Section 21025.5 to the
Government Code, relating to public employees’ retirement, and making an
appropriation therefor.
  ASSEMBLY BILL NO. 677—Firebaugh. An act to add Section 21152.1 to the
Public Resources Code, relating to environmental quality.
  ASSEMBLY BILL NO. 678—Firebaugh. An act to add Part 33 (commencing with
Section 66000) to Division 2 of the Revenue and Taxation Code, relating to taxation.
  ASSEMBLY BILL NO. 679—Chavez. An act to amend Section 10229 of the
Business and Professions Code, relating to real estate.
  ASSEMBLY BILL NO. 680—Liu. An act to amend Section 76300 of the Education
Code, relating to public postsecondary education.
   ASSEMBLY BILL NO. 681—Dutton. An act relating to county employees’
retirement.
  ASSEMBLY BILL NO. 682—Corbett. An act to amend Section 798.55 of the Civil
Code, relating to mobilehomes.
   ASSEMBLY BILL NO. 683—Plescia. An act to add and repeal Chapter 8.7
(commencing with Section 1370) of Division 6 of the Military and Veterans Code,
relating to veterans.
  ASSEMBLY BILL NO. 684—Dutra. An act to add 99180 to the Public Utilities
Code, relating to transportation.
   ASSEMBLY BILL NO. 685—Leno. An act to add Section 1246.3 to the Business
and Professions Code relating to health care, and declaring the urgency thereof, to take
effect immediately.
   ASSEMBLY BILL NO. 686—Houston. An act to amend and repeal Section 4730.3
of, and to add and repeal Section 4730.35 of, the Health and Safety Code, relating to
sanitation districts.
  ASSEMBLY BILL NO. 687—Campbell. An act to amend Section 25501 of the
Business and Professions Code, relating to alcoholic beverages.
   ASSEMBLY BILL NO. 688—Nakanishi. An act to add Article 9 (commencing with
Section 70450) to Chapter 5.7 of Title 8 of the Government Code, relating to court
facilities.
  ASSEMBLY BILL NO. 689—Shirley Horton. An act to add Article 2.5
(commencing with Section 8546.9) to Chapter 6.5 of Division 1 of Title 2 of the
Government Code, relating to state regulatory agencies.
  ASSEMBLY BILL NO. 690—Pacheco. An act to amend Sections 488.455 and
700.140 of the Code of Civil Procedure, relating to garnishment.
  ASSEMBLY BILL NO. 691—Daucher. An act to add Section 1271.2 to the Health
and Safety Code, relating to care facilities.
  ASSEMBLY BILL NO. 692—Dutra. An act to add and repeal Article 6.9
(commencing with Section 20209.20) of Chapter 1 of Part 3 of Division 2 of the Public
Contract Code, relating to public contracts.
  ASSEMBLY BILL NO. 693—Corbett. An act to amend Section 798.86 of the Civil
Code, relating to mobilehome parks.
  ASSEMBLY BILL NO. 694—Levine. An act to amend Section 6248 of the Revenue
and Taxation Code, relating to taxation, to take effect immediately, tax levy.
  ASSEMBLY BILL NO. 695—Harman. An act to add Section 249.5 to the Probate
Code, relating to probate.
Feb. 19, 2003                 ASSEMBLY JOURNAL                                    435
  ASSEMBLY BILL NO. 696—Maddox. An act to amend Section 830.5 of the Penal
Code, relating to probation officers.
  ASSEMBLY BILL NO. 697—Maldonado. An act to amend Sections 3526, 3528,
3531, 3532, 3533, 3534, and 3538 of the Government Code, relating to state employees.
  ASSEMBLY BILL NO. 698—Lieber. An act to add Chapter 6.93 (commencing
with Section 25430) to Division 20 of the Health and Safety Code, relating to hazardous
substances.
   ASSEMBLY BILL NO. 699—Lieber. An act to add Chapter 8 (commencing with
Section 6850) to Division 3 of the Business and Professions Code, to amend Sections
17280 and 17311 of the Education Code, to amend Sections 14951 and 14956 of the
Government Code, and to amend Section 129680 of the Health and Safety Code,
relating to construction inspections.
  ASSEMBLY BILL NO. 700—Diaz. An act to amend Section 12968 of the Insurance
Code, relating to the Department of Insurance.
  ASSEMBLY BILL NO. 701—Jerome Horton. An act to add Section 25631.1 to the
Business and Professions Code, relating to alcoholic beverages.
   ASSEMBLY BILL NO. 702—Jackson. An act to amend Sections 12804 and 13901
of the Government Code, relating to state agencies.
  ASSEMBLY BILL NO. 703—Dymally. An act to add Section 8315 to the
Government Code, relating to racial discrimination.
  ASSEMBLY BILL NO. 704—Hancock. An act relating to parks, and making an
appropriation therefor.
  ASSEMBLY BILL NO. 705—Corbett. An act to add Section 66205.7 to the
Education Code, relating to instruction.
  ASSEMBLY BILL NO. 706—Maldonado. An act to add Section 61600.3 to the
Government Code, relating to community services districts.
  ASSEMBLY BILL NO. 707—Correa (Coauthor: Firebaugh). An act to amend
Section 51833 of the Education Code, relating to school curriculum.
  ASSEMBLY BILL NO. 708—Correa and Matthews (Coauthors: Chan, Garcia,
Liu, Lowenthal, Maze, Parra, Runner, Salinas, Vargas, and Yee) (Coauthors:
Senators Battin, Knight, and Scott). An act to amend Section 7073 of the Government
Code, relating to enterprise zones.
  ASSEMBLY BILL NO. 709—Correa. An act to add Section 11106.7 to the Health
and Safety Code, relating to controlled substances.
  ASSEMBLY BILL NO. 710—Correa. An act to amend Section 130052 of the
Public Utilities Code, relating to transportation.
  ASSEMBLY BILL NO. 711—Correa. An act to amend Sections 10153.2 and
10170.5 of the Business and Professions Code, relating to real estate licenses.
  ASSEMBLY BILL NO. 712—Chu. An act to add Section 216.6 to the Streets and
Highway Code, relating to transportation.
   ASSEMBLY BILL NO. 713—Chu. An act to amend Sections 11750 and 11754 of
the Health and Safety Code, relating to substance abuse.
  ASSEMBLY BILL NO. 714—Leno. An act to amend Sections 19225, 19226,
19227, 19227.5, and 19229 of the Elections Code, relating to voting.
  ASSEMBLY BILL NO. 715—Chan. An act to amend Sections 17070.15, 17072.10,
17072.30, and 17072.32 of the Education Code, relating to school facilities.
  ASSEMBLY BILL NO. 716—Chan. An act to amend Sections 14010, 14030,
14034, 14036, 14037, 14038, 14039, 14040, 14041, and 14043 of, to amend and
renumber Section 14030.2 of, and to repeal Sections 14031 and 14035 of, the
Corporations Code, relating to small business financial development corporations.
  ASSEMBLY BILL NO. 717—Diaz. An act to add Section 11700 to the Government
Code, relating to technology.
436                           ASSEMBLY JOURNAL                       Feb. 19, 2003
  ASSEMBLY BILL NO. 718—Pacheco. An act to amend Sections 1003, 1301,
4000, 9283, 9285, 13113, 17100, and 17304 of the Elections Code, and to amend
Sections 6253.5 and 36512 of the Government Code, relating to elections.
  ASSEMBLY BILL NO. 719—Negrete McLeod. An act to add Section 21036 to the
Government Code, relating to public employees’ retirement, and making an
appropriation therefor.
  ASSEMBLY BILL NO. 720—Matthews. An act to add Section 41814 to the Health
and Safety Code, relating to air pollution.
  ASSEMBLY BILL NO. 721—Matthews. An act to amend Section 65302 of, and to
add Chapter 12 (commencing with Section 66125) to Division 1 of Title 7 of, the
Government Code, relating to land use.
  ASSEMBLY BILL NO. 722—Matthews. An act to add Section 1610 to the Public
Contract Code, relating to public contracts.
   ASSEMBLY BILL NO. 723—Matthews. An act to add Chapter 2.6 (commencing
with Section 53369) of Part 1 of Division 2 of Title 5 of the Government Code, relating
to jobs-housing opportunity zones.
  ASSEMBLY BILL NO. 724—Shirley Horton. An act to add Section 98 to the
Streets and Highways Code, relating to state highways.
  ASSEMBLY BILL NO. 725—Bogh. An act to amend Section 186.22 of the Penal
Code, relating to crime.
  ASSEMBLY BILL NO. 726—Leslie. An act to amend Section 290.4 of the Penal
Code, relating to sex offenders.
  ASSEMBLY BILL NO. 727—Leslie. An act to add Section 1202.55 to the Penal
Code, relating to sexual assault.
  ASSEMBLY BILL NO. 728—Leno. An act to amend Section 11000.1 of the
Business and Professions Code, relating to subdivided lands.
  ASSEMBLY BILL NO. 729—Lieber. An act to add Sections 40235 and 40236 to
the Health and Safety Code, relating to air quality.
  ASSEMBLY BILL NO. 730—Spitzer (Coauthors: Benoit, Bogh, Campbell,
Cogdill, Cox, Daucher, Houston, Keene, La Malfa, La Suer, Maddox, Maldonado,
McCarthy, Mountjoy, Nakanishi, Pacheco, Plescia, Runner, and Strickland). An
act to amend Section 6600 of the Welfare and Institutions Code, relating to sexually
violent predators.
  ASSEMBLY BILL NO. 731—Spitzer. An act to amend Section 13146.2 of the
Health and Safety Code, relating to fire safety.
   ASSEMBLY BILL NO. 732—Hancock. An act to add Sections 599g and 599h to
the Penal Code, relating to crime.
  ASSEMBLY BILL NO. 733—Longville (Coauthor: Runner) (Coauthor:
Senator Knight). An act to amend Section 14176.5 of the Welfare and Institutions
Code, relating to Medi-Cal.
  ASSEMBLY BILL NO. 734—Montanez. An act relating to recycling.
  ASSEMBLY BILL NO. 735—Campbell. An act to amend Section 21004 of, and to
add Section 21014.5 to, the Revenue and Taxation Code, relating to taxation.
  ASSEMBLY BILL NO. 736—Hancock. An act relating to school facilities.
  ASSEMBLY BILL NO. 737—Longville. An act to amend Sections 12814.5 and
14900.1 of the Vehicle, relating to vehicles.
  ASSEMBLY BILL NO. 738—Jackson. An act to amend Section 5241 of, and to add
Section 17701 to, the Family Code, relating to child support.
  ASSEMBLY BILL NO. 739—Jackson. An act to amend Section 706.030 of the
Code of Civil Procedure, and to amend Sections 4200, 4201, 4204, 5235, 5237, 5240,
5247, 5253, and 17309 of, and to add Section 17311 to, the Family Code, relating to
child support, and making an appropriation therefor.
Feb. 19, 2003                  ASSEMBLY JOURNAL                                      437
   ASSEMBLY BILL NO. 740—Pavley. An act to add Division 41 (commencing with
Section 73500) to the Public Resources Code, relating to financing an air and water
quality and coastal protection program, by providing the funds necessary therefor
through the issuance and sale of bonds of the State of California and by providing for the
handling and disposition of those funds, and declaring the urgency thereof, to take effect
immediately.
 ASSEMBLY BILL NO. 741—Canciamilla. An act to amend Section 352 of the
Water Code, relating to water.
  ASSEMBLY BILL NO. 742—Canciamilla. An act to amend Section 1603 of the
Fish and Game Code, relating to fish and wildlife.
  ASSEMBLY BILL NO. 743—Mullin. An act to add Section 24416.9 to the Revenue
and Taxation Code, relating to taxation, to take effect immediately, tax levy.
  ASSEMBLY BILL NO. 744—Garcia. An act to add Section 435.1 to the Military
and Veterans Code, relating to the state militia, and making an appropriation therefor.
  ASSEMBLY BILL NO. 745—Goldberg. An act to add Sections 1210, 35032.5, and
72427 to the Education Code, relating to local educational agencies.
  ASSEMBLY BILL NO. 746—Matthews. An act to add Section 490.7 to the
Business and Professions Code, relating to the healing arts.
 ASSEMBLY BILL NO. 747—Matthews. An act to add Section 14105.49 to the
Welfare and Institutions Code, relating to Medi-Cal.
  ASSEMBLY BILL NO. 748—Matthews. An act relating to Medi-Cal.
 ASSEMBLY BILL NO. 749—Matthews. An act to add Section 14105.49 to the
Welfare and Institutions Code, relating to Medi-Cal.
 ASSEMBLY BILL NO. 750—Matthews. An act to add Section 14161.5 to the
Welfare and Institutions Code, relating to Medi-Cal.
  ASSEMBLY BILL NO. 751—Matthews. An act relating to medi-cal.
  ASSEMBLY BILL NO. 752—Plescia. An act to add Section 11580.045 to the
Insurance Code, relating to insurance for construction defects.
  ASSEMBLY BILL NO. 753—Leslie. An act relating to state agencies.
   ASSEMBLY BILL NO. 754—Bogh. An act to amend Sections 17200 and 17201.5
of the Business and Professions Code, relating to unfair competition.
  ASSEMBLY BILL NO. 755—Samuelian. An act to amend Section 14601 of the
Vehicle Code, relating to vehicles.
  ASSEMBLY BILL NO. 756—Montanez. An act to amend Sections 51210,
51210.1, 51210.2, 51223, and 60800 of the Education Code, relating to instruction.
   ASSEMBLY BILL NO. 757—Montanez. An act to add Article 3 (commencing with
Section 12350) to Chapter 4 of Part 2 of Division 3 of Title 2 of the Government Code,
relating to the Treasurer.
  ASSEMBLY BILL NO. 758—Yee. An act to add Section 55 to the Military and
Veterans Code, relating to the military personnel.
  ASSEMBLY BILL NO. 759—Nakanishi. An act to add Section 68511.7 to the
Government Code, relating to courts.
 ASSEMBLY BILL NO. 760—Maldonado. An act to amend Section 13385 of the
Water Code, relating to water.
   ASSEMBLY BILL NO. 761—Oropeza. An act to amend Sections 9884 and 9884.8
of, to add Article 3.5 (commencing with Section 9885) to, and to add and repeal Article
10.1 (commencing with Section 9889.35) of, Chapter 20.3 of Division 3 of, the Business
and Professions Code, relating to automotive repair.
  ASSEMBLY BILL NO. 762—Nunez. An act to amend Section 5440 of, and to add
Section 5442.13 to, the Business and Professions Code, relating to transportation.
438                            ASSEMBLY JOURNAL                          Feb. 19, 2003
  ASSEMBLY BILL NO. 763—Liu. An act to amend Section 1798.85 of the Civil
Code, relating to privacy.
  ASSEMBLY BILL NO. 764—Nation. An act to amend Sections 4514.3, 4582.7,
and 4582.75 of, and to add Section 4582.71 to, the Public Resources Code, relating to
natural resources.
  ASSEMBLY BILL NO. 765—Longville. An act relating to trial court funding.
   ASSEMBLY BILL NO. 766—Longville. An act to add and repeal Section 49452.6
of the Education Code, relating to pupil health.
  ASSEMBLY BILL NO. 767—Nakano. An act to amend Section 798.56 of the Civil
Code, relating to mobilehomes.
  ASSEMBLY BILL NO. 768—Leno. An act to amend Section 16 of, and to add
Sections 4.5 and 9.5 to, Chapter 464 of the Statutes of 2002, relating to the Hunters Point
Shipyard.
  ASSEMBLY BILL NO. 769—Maddox. An act to add Sections 2586.2, 2586.4,
2586.6, and 2586.8 to the Business and Professions Code, relating to healing arts.
  ASSEMBLY BILL NO. 770—Wyland. An act to amend Section 3700 of the Labor
Code, relating to workers’ compensation.
  ASSEMBLY BILL NO. 771—Wyland. An act to amend Section 19556 of the
Business and Professions Code, relating to horse racing.
   ASSEMBLY BILL NO. 772—Jackson. An act to amend Sections 250 and 66290 of
the Education Code, relating to education.
  ASSEMBLY BILL NO. 773—Strickland. An act to amend Sections 130054.1 and
130054.8 of the Public Utilities Code, relating to transportation.
  ASSEMBLY BILL NO. 774—Wiggins. An act to amend Section 46144 of the
Education Code, relating to vocational education.
  ASSEMBLY BILL NO. 775—Parra. An act to amend Section 14000 of the
Government Code, relating to transportation.
 ASSEMBLY BILL NO. 776—Matthews. An act to amend Section 6551 of the
Welfare and Institutions Code, relating to mental health.
  ASSEMBLY BILL NO. 777—Dutton. An act to add Section 102223 to the Health
and Safety Code, relating to vital statistics.
  ASSEMBLY BILL NO. 778—Matthews. An act relating to workers’ compensation.
  ASSEMBLY BILL NO. 779—Matthews. An act to amend Section 3202 of the
Labor Code, relating to workers’ compensation.
   ASSEMBLY BILL NO. 780—Harman. An act to amend Sections 56043 and 56505
of the Education Code, relating to special education.
  ASSEMBLY BILL NO. 781—Lieber. An act to add Article 3.5 (commencing with
Section 51430) to Chapter 3 of Part 28 of the Education Code, relating to public schools.
   ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 11—Levine. A
resolution to propose to the people of the State of California an amendment to the
Constitution of the State, by amending Section 1 of Article XIII A thereof, and by
amending Section 18 of Article XVI thereof, relating to infrastructure projects.
Feb. 19, 2003              ASSEMBLY JOURNAL                              439
                               RESOLUTIONS
  The following resolutions were offered:
  ASSEMBLY CONCURRENT RESOLUTION NO. 40—Dymally. Relative to the
City of Compton Planning and Transportation Project Task Force.
  ASSEMBLY CONCURRENT RESOLUTION NO. 41—Firebaugh. Relative to
the California Tow Truck Association.
  ASSEMBLY CONCURRENT RESOLUTION NO. 42—Leslie. Relative to
National Day of Prayer.
   ASSEMBLY JOINT RESOLUTION NO. 7—Longville. Relative to candidates for
elective office.
  HOUSE RESOLUTION NO. 18—Matthews and Maldonado. Relative to
National Agriculture Week.
                       AUTHOR’S AMENDMENTS
                    Committee on Banking and Finance
                                                            February 19, 2003
  Mr. Speaker: The Chair of your Committee on Banking and Finance reports:
  Assembly Bill No. 3
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                      WIGGINS, Chairwoman
  ASSEMBLY BILL NO. 3—An act relating to consumer credit reporting.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
                        AUTHOR’S AMENDMENTS
                        Committee on Public Safety
                                                             February 19, 2003
  Mr. Speaker: The Chair of your Committee on Public Safety reports:
  Assembly Bill No. 74
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                              LENO, Chairman
  ASSEMBLY BILL NO. 74—An act to amend Sections 2800.1, 2800.2, 2800.3, and
40000.7 of the Vehicle Code, relating to vehicles.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
                CONSIDERATION OF DAILY FILE
            SECOND READING OF ASSEMBLY BILLS
  HOUSE RESOLUTION NO. 15—Relative to children’s dental health.
   Resolution read; amendments proposed by the Committee on Rules
read and adopted, resolution ordered reprinted and to be placed upon the
third reading file.
440                  ASSEMBLY JOURNAL            Feb. 19, 2003
                        ADJOURNMENT
  At 3 p.m., the Assembly adjourned until 8:30 a.m., Thursday,
February 20, 2003.


  HERB J. WESSON, JR., Speaker
                               PAM CAVILEER, Minute Clerk
Feb. 19, 2003         ASSEMBLY JOURNAL                        441

        AMENDMENTS CONSIDERED BY THE
         ASSEMBLY ON FEBRUARY 19, 2003

The following measures were amended in the Assembly on this day:

                       AB    RN
                         3   0302408
                        74   0307388

                       HR RN
                        15 0307284
                      Daily Total:         3
                  Cumulative Total:        34
Feb. 20, 2003                    ASSEMBLY JOURNAL                                          443

                         CALIFORNIA LEGISLATURE
                           2003–04 REGULAR SESSION



ASSEMBLY DAILY JOURNAL
                      Thursday, February 20, 2003

                     TWENTY-EIGHTH SESSION DAY

                      EIGHTY-FIRST CALENDAR DAY

                AT SACRAMENTO, CALIFORNIA




NOTE: Official record of roll call votes; all amendments
considered by the Assembly on this day are on file
with the Chief Clerk of the Assembly and available on
request. A list of all measures amended and on which
amendments were offered is shown on the final page of this
day’s Assembly Journal.



(Please Direct Any Inquiries and Report Any Omissions or Errors to Minute Clerk: Phone 319-2360)
444                      ASSEMBLY JOURNAL              Feb. 20, 2003


              PROCEEDINGS OF THE ASSEMBLY

                            IN ASSEMBLY


                             Assembly Chamber, Sacramento
                                   Thursday, February 20, 2003
  The Assembly met at 8:30 a.m.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
  Chief Clerk E. Dotson Wilson at the Desk.
  Assistant Clerk Francesca Vega reading.
                               ROLL CALL
  The roll was called.
                     Quorum Call of the Assembly
  Assembly Member Cohn moved a quorum call of the Assembly.
  Motion carried. Time, 8:31 a.m.
  The Speaker pro Tempore directed the Sergeant at Arms to close the
doors, and to bring in the absent Members.
                            Quorum Present
  At 8:40 a.m., Speaker pro Tempore Kehoe declared a quorum of the
Assembly present.
  The roll call was completed, and the following answered to their
names—76:
Aghazarian       Dutton            Leno             Pacheco
Benoit           Dymally           Leslie           Parra
Berg             Firebaugh         Levine           Pavley
Bermudez         Frommer           Lieber           Plescia
Bogh             Garcia            Longville        Richman
Calderon         Goldberg          Lowenthal        Ridley-Thomas
Campbell         Hancock           Maddox           Runner
Canciamilla      Harman            Maldonado        Salinas
Chan             Haynes            Matthews         Samuelian
Chavez           Horton, Jerome    Maze             Simitian
Chu              Horton, Shirley   McCarthy         Spitzer
Cogdill          Houston           Montanez         Steinberg
Cohn             Jackson           Mountjoy         Strickland
Corbett          Keene             Mullin           Vargas
Correa           Kehoe             Nakanishi        Wiggins
Cox              Koretz            Nakano           Wolk
Daucher          La Malfa          Nation           Wyland
Diaz             La Suer           Negrete McLeod   Yee
Dutra            Laird             Nunez            Mr. Speaker
Feb. 20, 2003             ASSEMBLY JOURNAL                             445
                                 PRAYER
   Upon invitation of Speaker pro Tempore Kehoe, the following prayer
was offered by Assembly Chaplain Rev. Constantine C. Pappademos:
   Lord, Give us the knowledge of Your truth, so that we may raise
ourselves from visible things to the invisible Being, and that the
grandeur and beauty of created things may give us a proper idea of the
Creator. Guide us to always do good, no matter what our circumstances
are, for glory and honor and peace is given to everyone who does good.
You show no partiality, O Lord.—AMEN.
                 PLEDGE OF ALLEGIANCE TO THE FLAG
  Upon request of Speaker pro Tempore Kehoe, Assembly Member
Dutra then led the Assembly in the pledge of allegiance to the Flag.
        MOTION TO DISPENSE WITH READING OF THE JOURNAL
   Further reading of the Journal of the previous legislative day was
dispensed with on motion of Assembly Member Firebaugh, seconded
by Assembly Member Cogdill.
                  LEAVES OF ABSENCE FOR THE DAY
  By unanimous consent, the following Assembly Members were
granted leaves of absence for the day:
  On legislative business: Assembly Member Bates.
  On personal business, and waiving per diem: Assembly Member Liu.
  Because of illness: Assembly Member Oropeza.
  Because of a death in her family: Assembly Member Reyes.
                      EXPLANATIONS OF ABSENCE
   Pursuant to the Assembly Rules, the following explanation of
absence was ordered printed in the Journal:
                                                       January 16, 2003
The Honorable Herb Wesson
   Speaker of the State Assembly
     State Capitol, Room 219
       Sacramento, California
   Dear Mr. Speaker,
   The purpose of this letter is to respectfully request to be excused from
the Floor Session on Thursday, February 20th, 2003. I will be
conducting business and attending an event in my district.
   Thank you in advance for your prompt attention to this matter. Should
you have any questions, please contact my Chief of Staff Cory Botts
at 319-2073.
             Sincerely,
                            PATRICIA C. BATES, Assembly Member
                            Seventy-third District
446                    ASSEMBLY JOURNAL              Feb. 20, 2003
                        COMMUNICATIONS
  The following communications were presented by the Speaker, and
ordered printed in the Journal:
                                             February 18, 2003
Mr. E. Dotson Wilson
  Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:    Appointment of Leland Yee
         to San Francisco Bay Conservation and
         Development Commission
   Dear Mr. Wilson: Please be advised I have appointed
Assemblymember Leland Yee to the San Francisco Bay Conservation
and Development Commission. This is a pleasure appointment
starting February 18, 2003. Assemblymember Yee will be replacing
Assemblymember Carole Migden.
             Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
                                               February 19, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:    Appointment of Sarah Reyes
         to Electricity Oversight Board
   Dear Mr. Wilson: Please be advised I have appointed
Assemblymember Sarah Reyes to the Electricity Oversight Board. This
is a term appointment starting February 19, 2003 and the expiration
date is January 1, 2006. Assemblymember Reyes will be replacing
Assemblymember Roderick Wright.
             Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
                                               February 19, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:     Reappointment of Paul Koretz
          to California Council on Criminal Justice
  Dear Mr. Wilson: Please be advised I have reappointed
Assemblymember Paul Koretz to the California Council on Criminal
Justice. This is a pleasure appointment starting February 19, 2003.
              Sincerely,
                                 HERB J. WESSON, JR.
                                 Speaker of the California Assembly
Feb. 20, 2003           ASSEMBLY JOURNAL                          447
                                                 February 19, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:  Reappointment of John Dutra
       to California Transportation Commission
  Dear Mr. Wilson: Please be advised I have reappointed
Assemblymember John Dutra to the California Transportation
Commission. This is a pleasure appointment starting February 19, 2003.
           Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
                                                 February 19, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:    Appointment of Nicole Parra
         to Mexican-American Veterans Memorial
         Beautification & Enhancement Commission
   Dear Mr. Wilson: Please be advised I have appointed
Assemblymember Nicole Parra to the Mexican-American Veterans
Memorial Beautification & Enhancement Commission. This is a
pleasure appointment starting February 19, 2003. Assemblymember
Parra will be replacing Assemblymember Lou Correa.
             Sincerely,
                               HERB J. WESSON, JR.
                               Speaker of the California Assembly
                                                 February 19, 2003
Mr. E. Dotson Wilson
 Chief Clerk, California State Assembly
    State Capitol, Room 3196
       Sacramento, California
  RE:  Reappointment of Marco Firebaugh
       to California State World Trade Commission
  Dear Mr. Wilson: Please be advised I have reappointed
Assemblymember Marco Firebaugh to the California State World Trade
Commission. This is a pleasure appointment starting February 19, 2003.
           Sincerely,
                                HERB J. WESSON, JR.
                                Speaker of the California Assembly
448                         ASSEMBLY JOURNAL                    Feb. 20, 2003
                                                 February 20, 2003
Honorable Herb Wesson
  Speaker of the Assembly
    State Capitol, Room 219
      Sacramento, California
  Dear Speaker Wesson: Although I was in attendance for Tuesday’s
Floor Session, I would like to waive per diem for Tuesday,
February 18, 2003.
  If you have any questions regarding this request, please contact
Elaine Knight in my Capitol office at 319-2013.
  Thank you for your attention to this request.
            Sincerely,
                                MARK LENO, Assembly Member
                                Thirteenth District
               ENGROSSMENT AND ENROLLMENT REPORTS
                                           Assembly Chamber, February 20, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  Assembly Bill No. 3
  Assembly Bill No. 74
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
  Above bills re-referred to committee.
                                           Assembly Chamber, February 20, 2003
  Mr. Speaker: Pursuant to your instructions, the Chief Clerk has examined:
  House Resolution No. 15
And reports the same correctly engrossed.
                                               E. DOTSON WILSON, Chief Clerk
  Above resolution ordered on file.
                  REFERENCE OF BILLS TO COMMITTEE
   Pursuant to the Assembly Rules, the following bills were referred
to committee:
  Assembly
    Bill No.                       Committee
       90 – – – – – – – – – – – – Nat. Res.
     215 – – – – – – – – – – – – Pub. S.
     273 – – – – – – – – – – – – P.E.,R. & S.S.
     299 – – – – – – – – – – – – Trans.
     300 – – – – – – – – – – – – Hum. S.
     306 – – – – – – – – – – – – W.,P. & W. and B. & P.
     310 – – – – – – – – – – – – P.E.,R. & S.S.
     312 – – – – – – – – – – – – L. Gov.
     335 – – – – – – – – – – – – Ed.
     337 – – – – – – – – – – – – B. & P.
     350 – – – – – – – – – – – – Pub. S. and Trans.
     353 – – – – – – – – – – – – Jud.
     360 – – – – – – – – – – – – G.O.
     361 – – – – – – – – – – – – Trans. and L. Gov.
     362 – – – – – – – – – – – – Health
     363 – – – – – – – – – – – – Health
     365 – – – – – – – – – – – – Trans.
     366 – – – – – – – – – – – – Hum. S.
Feb. 20, 2003              ASSEMBLY JOURNAL                              449
     367   – – – – – – – – – – – – Health
     368   – – – – – – – – – – – – Health
     369   – – – – – – – – – – – – P.E.,R. & S.S.
     370   – – – – – – – – – – – – Jud.
     372   – – – – – – – – – – – – Health
     373   – – – – – – – – – – – – Health
     374   – – – – – – – – – – – – P.E.,R. & S.S.
     375   – – – – – – – – – – – – P.E.,R. & S.S.
     376   – – – – – – – – – – – – Health
     377   – – – – – – – – – – – – Trans.
     378   – – – – – – – – – – – – Ed.
     379   – – – – – – – – – – – – Hum. S.
     380   – – – – – – – – – – – – Health
     381   – – – – – – – – – – – – G.O.
     382   – – – – – – – – – – – – B. & P.
     383   – – – – – – – – – – – – Pub. S.
     384   – – – – – – – – – – – – Pub. S.
     385   – – – – – – – – – – – – P.E.,R. & S.S.
     387   – – – – – – – – – – – – E.S. & T.M.
     388   – – – – – – – – – – – – G.O.
     391   – – – – – – – – – – – – Ed.
     396   – – – – – – – – – – – – W.,P. & W.
     401   – – – – – – – – – – – – G.O.
     402   – – – – – – – – – – – – Pub. S.
     403   – – – – – – – – – – – – B. & F.
     404   – – – – – – – – – – – – U. & C. and Nat. Res.
     406   – – – – – – – – – – – – Nat. Res.
     409   – – – – – – – – – – – – Health
     411   – – – – – – – – – – – – J., E.D. & E.
     412   – – – – – – – – – – – – Ins.
     414   – – – – – – – – – – – – Aging & L.T.C.
     415   – – – – – – – – – – – – J., E.D. & E.
     416   – – – – – – – – – – – – Jud.
     417   – – – – – – – – – – – – Trans.
     418   – – – – – – – – – – – – Jud.
                        AUTHOR’S AMENDMENTS
                       Committee on Transportation
                                                             February 20, 2003
  Mr. Speaker: The Chair of your Committee on Transportation reports:
  Assembly Concurrent Resolution No. 7
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                            DUTRA, Chairman
  ASSEMBLY CONCURRENT RESOLUTION NO. 7—Relative to California
Highway Patrol Officer Don J. Burt Memorial Highway.
  Resolution read; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; resolution ordered reprinted, and to
be re-referred to the committee.
450                        ASSEMBLY JOURNAL                   Feb. 20, 2003
                         AUTHOR’S AMENDMENTS
                          Committee on Education
                                                            February 20, 2003
  Mr. Speaker: The Chair of your Committee on Education reports:
  Assembly Concurrent Resolution No. 16
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                   GOLDBERG, Chairwoman
  ASSEMBLY CONCURRENT RESOLUTION NO. 16—Relative to nutrition.
  Resolution read; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; resolution ordered reprinted, and to
be re-referred to the committee.
                        AUTHOR’S AMENDMENTS
                       Committee on Transportation
                                                             February 20, 2003
  Mr. Speaker: The Chair of your Committee on Transportation reports:
  Assembly Concurrent Resolution No. 19
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                            DUTRA, Chairman
 ASSEMBLY CONCURRENT RESOLUTION NO. 19—Relative to Joash E. Paul
Memorial Highway.
  Resolution read; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; resolution ordered reprinted, and to
be re-referred to the committee.
                        AUTHOR’S AMENDMENTS
                        Committee on Public Safety
                                                             February 20, 2003
  Mr. Speaker: The Chair of your Committee on Public Safety reports:
  Assembly Bill No. 145
With author’s amendments with the recommendation: Amend, and re-refer to the
committee.
                                                              LENO, Chairman
   ASSEMBLY BILL NO. 145—An act to add Section 6035.5 to the Penal Code,
relating to probation officers.
   Bill read second time; author’s amendments, presented pursuant to
Assembly Rules, read and adopted; bill ordered reprinted, and to be
re-referred to the committee.
                     SPECIAL COMMITTEE MEETINGS
   By unanimous consent, the following committees were permitted
to meet:
   Joint Committee to Develop a Master Plan for Education, on
Thursday, February 27, 2003, at 10 a.m., or upon adjournment of
Floor Session.
   Joint Committee to Develop a Master Plan for Education to convene
jointly with the Senate Select Committee on College Admissions and
Outreach on Friday, March 7, 2003, at 1 p.m.
                     REQUEST FOR PHOTOGRAPHER
  Assembly Members Kehoe and Firebaugh were granted unanimous
consent that a photographer be permitted on the Floor of the Assembly.
Feb. 20, 2003            ASSEMBLY JOURNAL                               451
                         ADJOURN IN MEMORY
  Assembly Member Lowenthal was granted unanimous consent that
when the Assembly adjourns on this day it do so out of respect to the
memory of Ed Eveland, of Long Beach.
            At 8:55 a.m., Assistant Speaker pro Tempore Yee,
                          12th District, presiding
                                RECESS
   By unanimous consent, at 8:55 a.m., Assistant Speaker pro Tempore
Yee declared the Assembly recessed to permit the introduction of
special guests.
   Speaker pro Tempore Kehoe introduced Richard C. Atkinson,
President, University of California; Lawrence Coleman, Vice-Provost
for Research, University of California; Charles Kennel, Director,
Scripps Institute of Oceanography, University of California, San Diego;
Andrés Jiménez, Director, California Policy Research Center,
University of California; and John Griffing, Director, Public Service
Program, University of California.
   Speaker pro Tempore Kehoe then presented a resolution in
recognition of the 25th anniversary of the California Policy Research
Center, University of California, and the 100th anniversary of the
Scripps Institution of Oceanography.
   Richard C. Atkinson then addressed the assemblage.
                                 * * *
    At 8:57 a.m., Speaker pro Tempore Kehoe, 76th District, presiding
  Assembly Member Firebaugh introduced Jorge Walter Cabrera,
Director of Planning and Modernization, Congress of the Republic of
Guatemala; Alejandro Mojica, Artistic Director and Gerardo Asencio,
Promotions Director, from DIFOCUR, the State Arts Agency of the
State of Sinaloa, Mexico; and Lucero Arellano, California Arts Council.
                             RECONVENED
  At 9:02 a.m., the Assembly reconvened.
  Hon. Christine Kehoe, Speaker pro Tempore of the Assembly,
presiding.
452                      ASSEMBLY JOURNAL                  Feb. 20, 2003
                CONSIDERATION OF DAILY FILE
             THIRD READING OF ASSEMBLY BILLS
  HOUSE RESOLUTION NO. 15 (Laird)—Relative to children’s dental health.
  Resolution read.
          Members Made Coauthors of House Resolution No. 15
   Assembly Member Laird was granted unanimous consent to open the
roll for the purpose of permitting Members to add as coauthors of House
Resolution No. 15.
                                Roll Call
  The following Assembly Members indicated a desire to
become coauthors:
  Aghazarian, Benoit, Bermudez, Bogh, Calderon, Campbell,
Canciamilla, Chan, Chavez, Chu, Cogdill, Cohn, Corbett, Correa,
Cox, Daucher, Diaz, Dutra, Dutton, Dymally, Firebaugh, Frommer,
Garcia, Goldberg, Hancock, Jerome E. Horton, Shirley Horton,
Houston, Jackson, Keene, Kehoe, Koretz, La Malfa, La Suer, Laird,
Leno, Leslie, Levine, Lieber, Longville, Lowenthal, Maddox,
Matthews, McCarthy, Montanez, Mountjoy, Mullin, Nakanishi,
Nakano, Nation, Negrete McLeod, Nunez, Pacheco, Parra, Pavley,
Richman, Ridley-Thomas, Runner, Salinas, Samuelian, Simitian,
Spitzer, Steinberg, Strickland, Vargas, Wesson, Wiggins, Wolk, and Yee.
                     Request for Unanimous Consent
  Assembly Member Laird was granted unanimous consent to take up
House Resolution No. 15, as amended, without reference to print or file.
       Consideration of House Resolution No. 15, as Amended
  HOUSE RESOLUTION NO. 15—Relative to children’s dental health.
  Resolution read, as amended, and adopted.
Feb. 20, 2003             ASSEMBLY JOURNAL                               453
                CONSIDERATION OF CONSENT CALENDAR
  The Speaker pro Tempore announced that the next roll call would be
on the Consent Calendar.
                  Consent Calendar—Assembly Resolutions
  ASSEMBLY CONCURRENT RESOLUTION NO. 15 (Frommer)—Relative to
Colorectal Cancer Awareness Month.
  Resolution read, and adopted by the following vote:
                                    AYES—75
Aghazarian        Dutton                Leno             Parra
Benoit            Dymally               Leslie           Pavley
Berg              Firebaugh             Levine           Plescia
Bermudez          Frommer               Lieber           Richman
Bogh              Garcia                Longville        Ridley-Thomas
Calderon          Goldberg              Lowenthal        Runner
Campbell          Hancock               Maddox           Salinas
Canciamilla       Harman                Matthews         Samuelian
Chan              Haynes                Maze             Simitian
Chavez            Horton, Jerome        McCarthy         Spitzer
Chu               Horton, Shirley       Montanez         Steinberg
Cogdill           Houston               Mountjoy         Strickland
Cohn              Jackson               Mullin           Vargas
Corbett           Keene                 Nakanishi        Wiggins
Correa            Kehoe                 Nakano           Wolk
Cox               Koretz                Nation           Wyland
Daucher           La Malfa              Negrete McLeod   Yee
Diaz              La Suer               Nunez            Mr. Speaker
Dutra             Laird                 Pacheco
                               NOES—None
  Resolution ordered transmitted to the Senate.
                      CAUCUS ANNOUNCEMENTS
  Speaker pro Tempore Kehoe announced that the Democratic Caucus
would meet today, at 10 a.m., in the Assembly Lounge.
                          ADJOURN IN MEMORY
   Assembly Member Diaz was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Dan Chitwood, of San Jose.
   Assembly Member Yee was granted unanimous consent that when
the Assembly adjourns on this day it do so out of respect to the memory
of Dona C. Elsbernd, of San Francisco.
                                VOTE ADDS
   The following Assembly Members were granted unanimous consent
to record their votes on the following item:
   Consent Calendar: Canciamilla, Correa, Frommer, Shirley Horton,
and Simitian—Aye.
454                            ASSEMBLY JOURNAL                         Feb. 20, 2003
                               MOTION TO ADJOURN
  At 9:08 a.m., Assembly Member Aghazarian moved that the
Assembly do now adjourn.
  Assembly Member Chan seconded the motion.
                    REMARKS ON CONDITION OF THE FILE
  Assembly Members Keene, Spitzer, Haynes, Goldberg, Cox, Leslie,
La Suer, and Longville arose to speak on the condition of the file.
            FURTHER CONSIDERATION OF MOTION TO ADJOURN
   The question being on the motion of Assembly Member Aghazarian
that the Assembly adjourn.
   Motion carried.
            QUORUM CALL OF THE ASSEMBLY DISPENSED WITH
   At 9:28 a.m., Speaker pro Tempore Kehoe declared the quorum call
of the Assembly dispensed with.
                    INTRODUCTION AND FIRST READING OF
                             ASSEMBLY BILLS
   The following bills were introduced and read the first time:
  ASSEMBLY BILL NO. 782—Kehoe. An act to repeal and add Section 71639.1 of
the Government Code, relating to trial court employees.
   ASSEMBLY BILL NO. 783—Maddox and Mountjoy. An act to amend Section
214.1 of the Revenue and Taxation Code, relating to taxation, to take effect immediately,
tax levy.
   ASSEMBLY BILL NO. 784—Daucher (Principal coauthor: Senator
Vasconcellos). An act to amend Sections 4362, 4362.5, 4364, 4364.5, 4367.5, 4368.5,
4521.5, 4521.6, 9000, 9002, 9011, 9012, 9100, 9115, 9116, 9118.5, 9520, 9591, 9660,
9665, 9710.5, 9757.5, 12302.1, 12303, 12303.1, 12303.7, 12304, 14552, 14554, 14573,
14574, 14574.1, 14575, 14585, 15301, 15325, 15610.50, 15630, 15653, 15658, 15763,
18327.3, 18330, 18331, 18332, 18379, 19800, 19801, 19805, 19806, and 22008 of, and
add Sections 12300.3, 15750.1, and 19802.5 to, the Welfare and Institutions Code,
relating to the California Department of Aging.
  ASSEMBLY BILL NO. 785—Daucher. An act to add Chapter 3 (commencing with
Section 435) to Part 1 of Division 1 of the Health and Safety Code, relating to long-term
care services.
   ASSEMBLY BILL NO. 786—Daucher. An act to add Chapter 14 (commencing
with Section 15800) to Part 3 of Division 9 of the Welfare and Institutions Code, relating
to public social services.
   ASSEMBLY BILL NO. 787—Dutra. An act to amend Sections 17073.15,
17073.20, 17074.10, 17074.26, and 17077.40 of the Education Code, relating to school
facilities.
  ASSEMBLY BILL NO. 788—Chavez. An act to amend Section 41712 of the Health
and Safety Code, relating to air pollution.
  ASSEMBLY BILL NO. 789—Mountjoy. An act to amend Section 22661 of the
Vehicle Code, relating to vehicles.
  ASSEMBLY BILL NO. 790—Frommer. An act to amend Sections 21703 and
21705 of the Business and Professions Code, relating to self-service storage facilities.
  ASSEMBLY BILL NO. 791—Pavley (Coauthors: Goldberg and Simitian). An
act relating to teachers.
  ASSEMBLY BILL NO. 792—Yee. An act to amend Section 22658 of the Vehicle
Code, relating to vehicles.
   ASSEMBLY BILL NO. 793—Nakanishi. An act to add Section 101.12 to the
Streets and Highways Code, relating to state highways.
Feb. 20, 2003                  ASSEMBLY JOURNAL                                      455
  ASSEMBLY BILL NO. 794—Frommer. An act to amend Section 12968 of the
Insurance Code, relating to the Department of Insurance.
  ASSEMBLY BILL NO. 795—Nunez. An act to add Section 19135 to the
Government Code, relating to public contracts.
  ASSEMBLY BILL NO. 796—Bogh. An act to amend Section 6309 of the Labor
Code, relating to occupational safety and health.
  ASSEMBLY BILL NO. 797—Bogh. An act to amend Section 11379.8 of, and to add
Section 11383.7 to, the Health and Safety Code, relating to controlled substances.
  ASSEMBLY BILL NO. 798—Committee on Aging and Long-Term Care
(Daucher (Chair), Berg (Vice Chair), Lieber, Lowenthal, and Nakanishi). An act to
add Sections 14132.94 and 14598 to the Welfare and Institutions Code, relating to health
care.
  ASSEMBLY BILL NO. 799—Shirley Horton. An act to amend Sections 9542 and
9545 of the Welfare and Institutions Code, relating to aging.
  ASSEMBLY BILL NO. 800—Kehoe. An act to amend Sections 1785.1, 1785.25,
and 1785.31 of the Civil Code, relating to consumer credit.
   ASSEMBLY BILL NO. 801—Diaz. An act to add Article 10.5 (commencing with
Section 2198) to Chapter 5 of Division 2 of the Business and Professions Code, relating
to physicians and surgeons.
  ASSEMBLY BILL NO. 802—Matthews. An act relating to Medi-Cal.
  ASSEMBLY BILL NO. 803—Matthews. An act relating to Medi-Cal.
   ASSEMBLY BILL NO. 804—Jerome Horton. An act to amend Section 23086 of
the Business and Professions Code, relating to alcoholic beverages.
  ASSEMBLY BILL NO. 805—Diaz. An act to amend Section 798.56 of the Civil
Code, relating to mobilehomes.
  ASSEMBLY BILL NO. 806—Wiggins (Coauthor: Matthews). An act to amend
Section 224 of the Food and Agricultural Code, relating to agriculture.
  ASSEMBLY BILL NO. 807—Leno. An act relating to public contracts.
   ASSEMBLY BILL NO. 808—Richman. An act to enact the Energy Code, to repeal
Division 3 (commencing with Section 3000) of, and to repeal Division 15 (commencing
with Section 25000) of, the Public Resources Code, to repeal Chapter 2.3 (commencing
with Section 330) of Part 1 of Division 1 of, to repeal Chapter 4 (commencing with
Section 701) of Part 1 of Division 1 of, to repeal Chapter 5 (commencing with Section
1001) of Part 1 of Division 1 of, to repeal Chapter 7 (commencing with Section 1351)
of Part 1 of Division 1 of, to repeal Chapter 8 (commencing with Section 1401) of Part
1 of Division 1 of, to repeal Chapter 9 (commencing with Section 1701) of Part 1 of
Division 1 of, to repeal Chapter 10 (commencing with Section 1901) of Part 1 of
Division 1 of, to repeal Chapter 11 (commencing with Section 2100) of Part 1 of
Division 1 of, and to repeal Division 1.5 (commencing with Section 3300) of, the Public
Utilities Code, and to repeal Division 27 (commencing with Section 80000) of the Water
Code, relating to energy.
  ASSEMBLY BILL NO. 809—Harman. An act to amend, repeal, and add Section
25128 of the Revenue and Taxation Code, relating to taxation, to take effect
immediately, tax levy.
   ASSEMBLY BILL NO. 810—Runner. An act to amend Sections 48000 and 48010
of the Education Code, relating to pupil admission.
 ASSEMBLY BILL NO. 811—Dymally. An act to amend Section 12316 of the
Welfare and Institutions Code, relating to in-home supportive services.
  ASSEMBLY BILL NO. 812—Yee. An act to add Section 5027.1 to the Public
Resources Code, relating to historic places.
  ASSEMBLY BILL NO. 813—Salinas. An act to amend Section 99314.6 of, and to
add and repeal Section 99268.17 of, the Public Utilities Code, relating to transportation.
456                            ASSEMBLY JOURNAL                         Feb. 20, 2003
   ASSEMBLY BILL NO. 814—Chu. An act to amend Section 261 of the Penal Code,
relating to rape.
  ASSEMBLY BILL NO. 815—Wiggins. An act to add Section 16302.5 to the Food
and Agricultural Code, relating to animals.
  ASSEMBLY BILL NO. 816—Reyes (Principal coauthors: Canciamilla and
Richman). An act to add Section 9607.5 to the Public Utilities Code, and to amend
Section 80110 of the Water Code, relating to electric power.
  ASSEMBLY BILL NO. 817—Pacheco. An act relating to water, and making an
appropriation therefor.
  ASSEMBLY BILL NO. 818—Jackson. An act to add Chapter 1.5 (commencing
with Section 13705) to Title 5 of Part 4 of the Penal Code, relating to domestic violence.
  ASSEMBLY BILL NO. 819—Nakanishi. An act relating to local court facilities.
  ASSEMBLY BILL NO. 820—Nakanishi. An act relating to physicians and
surgeons.
   ASSEMBLY BILL NO. 821—Matthews. An act to make an appropriation in
augmentation of Items 9800-001-0001, 9800-001-0494, and 9800-001-0988 of Section
2.00 of the Budget Act of 2003, relating to state employees, to take effect immediately
as an appropriation for the usual and current expenses of the state.
   ASSEMBLY BILL NO. 822—Matthews. An act to add Article 7 (commencing with
Section 33080.10) to Chapter 1 of Division 24 of the Health and Safety Code, relating
to redevelopment.
   ASSEMBLY BILL NO. 823—Nunez. An act to amend Sections 124885 and 124890
of the Health and Safety Code, relating to clinic grants.
  ASSEMBLY BILL NO. 824—Matthews. An act relating to state employees, and
declaring the urgency thereof, to take effect immediately.
  ASSEMBLY BILL NO. 825—Firebaugh. An act to amend Section 69436 of, and to
repeal Section 69436.5 of, the Education Code, relating to student financial aid.
  ASSEMBLY BILL NO. 826—Jackson. An act relating to drinking water.
   ASSEMBLY BILL NO. 827—Committee on Business and Professions (Correa
(Chair), Bermudez, Koretz, Nation, Vargas, and Yee). An act to repeal Section 450.4
of the Business and Professions Code, relating to professions and vocations.
  ASSEMBLY BILL NO. 828—Leno. An act to amend Section 14229 of the Elections
Code, relating to election day procedures.
  ASSEMBLY BILL NO. 829—Salinas. An act to add Section 65007 to the
Government Code, relating to regional planning.
  ASSEMBLY BILL NO. 830—Oropeza. An act to amend Section 13651 of the
Business and Professions Code, relating to service stations.
  ASSEMBLY BILL NO. 831—Goldberg. An act to amend Sections 715.010,
715.020, and 1167 of, and to add Sections 715.060 and 918.7 to, the Code of Civil
Procedure, relating to unlawful detainer.
  ASSEMBLY BILL NO. 832—Montanez. An act to add Section 22302.5 to the
Financial Code, relating to financial institutions.
  ASSEMBLY BILL NO. 833—Steinberg. An act to add Section 66271.8 to the
Education Code, relating to postsecondary education.
  ASSEMBLY BILL NO. 834—La Suer. An act to amend Section 832.5 of the Penal
Code, relating to peace officers.
  ASSEMBLY BILL NO. 835—La Suer. An act relating to health facilities.
  ASSEMBLY BILL NO. 836—La Suer. An act to add Section 3003.7 to the Penal
Code, relating to sex offenders.
Feb. 20, 2003                 ASSEMBLY JOURNAL                                     457
  ASSEMBLY BILL NO. 837—La Suer. An act to amend Section 1360 of the
Evidence Code, relating to evidence.
  ASSEMBLY BILL NO. 838—Spitzer. An act to add Section 57386 to the
Government Code, relating to local agency formation.
   ASSEMBLY BILL NO. 839—Salinas. An act to amend Sections 26202.6, 34090.6,
and 34090.7 of, to add Sections 26206.7, 26206.8, and 34090.8 to, to add Article 9
(commencing with Section 53160) to Chapter 1 of Part 1 of Division 2 of Title 5 of, and
to repeal Section 26202.3 of, the Government Code, and to add Section 99163 to the
Public Utilities Code, relating to local government records.
  ASSEMBLY BILL NO. 840—Calderon. An act to add Section 1769 to the Public
Utilities Code, relating to public utilities.
  ASSEMBLY BILL NO. 841—Vargas. An act to amend Sections 52890, 54726, and
54734 of the Education Code, relating to pupil retention.
  ASSEMBLY BILL NO. 842—Vargas. An act to amend Sections 11018.8, 11018.9,
and 11024 of, and to add Section 11003.6 to, the Business and Professions Code, and to
amend Sections 1689.5 and 1689.24 of the Civil Code, relating to time-share estates.
  ASSEMBLY BILL NO. 843—Committee on Higher Education (Liu (Chair),
Nakanishi (Vice Chair), Bogh, Shirley Horton, Jackson, Matthews, Negrete
McLeod, and Strickland). An act to add Sections 66024.5, 66024.6, 66024.7, and
66024.8 to, and to add the heading of Article 3.5 (commencing with Section 66024.5) to
Chapter 2 of Part 40 of, the Education Code, relating to public postsecondary education.
  ASSEMBLY BILL NO. 844—Nation. An act to add Chapter 8.7 (commencing with
Section 25740) to Division 15 of the Public Resources Code, relating to fuel efficiency.
  ASSEMBLY BILL NO. 845—Vargas. An act to amend Section 5102 of the Public
Utilities Code, relating to public utilities.
  ASSEMBLY BILL NO. 846—Vargas. An act to amend Sections 19994.30 and
19994.33 of, to amend the heading of Chapter 5.6 (commencing with Section 19994.30)
of Part 2.6 of Division 5 of, to add Chapter 32 (commencing with Section 7596) to
Division 7 of Title 1 of, and to repeal Sections 19994.31 and 19994.32 of, the
Government Code, relating to tobacco.
   ASSEMBLY BILL NO. 847—Pavley (Principal coauthors: Kehoe and Laird).
An act to amend Section 31220 of, and to amend the heading of Chapter 5.5
(commencing with Section 31220) of Division 21 of, the Public Resources Code,
relating to natural resources.
   ASSEMBLY BILL NO. 848—Nation. An act to add Sections 17041.1 and 23151.1
to the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax
levy.
  ASSEMBLY BILL NO. 849—Lieber. An act relating to public agency investments.
  ASSEMBLY BILL NO. 850—Runner. An act to amend Section 2257 of the
Business and Professions Code, relating to medicine.
  ASSEMBLY BILL NO. 851—Wyland. An act relating to crime.
  ASSEMBLY BILL NO. 852—Lieber. An act to amend Section 1773 of the Labor
Code, relating to prevailing wages.
  ASSEMBLY BILL NO. 853—Corbett. An act to amend Sections 16429, 16475,
16475.5, and 16480.6 of the Government Code, relating to state funds.
   ASSEMBLY BILL NO. 854—Koretz. An act to add Article 9 (commencing with
Section 41995) to Chapter 3 of Part 4 of Division 26 of the Health and Safety Code,
relating to air quality.
   ASSEMBLY BILL NO. 855—Firebaugh and Levine. An act to add Section
14666.8 to the Government Code, and to add Section 709.5 to the Public Utilities Code,
relating to telecommunications, and declaring the urgency thereof, to take effect
immediately.
458                           ASSEMBLY JOURNAL                       Feb. 20, 2003
  ASSEMBLY BILL NO. 856—Oropeza. An act relating to economic development.
  ASSEMBLY BILL NO. 857—Frommer. An act to add Section 12734 and 12739.5
to the Insurance Code, relating to health insurance, and making an appropriation
therefor.
  ASSEMBLY BILL NO. 858—Goldberg. An act to add Article 3.5 (commencing
with Section 221.2) to Chapter 2 of Part 1 of the Education Code, relating to schools.
  ASSEMBLY BILL NO. 859—Nakano. An act relating to water, and making an
appropriation therefor.
  ASSEMBLY BILL NO. 860—Bates. An act to amend Section 218 of the Public
Utilities Code, relating to public utilities.
  ASSEMBLY BILL NO. 861—Bogh. An act to amend Section 186.22 of the Penal
Code, relating to crime.
  ASSEMBLY BILL NO. 862—Firebaugh. An act to add Section 11045 to the
Government Code, relating to state contracts.
   ASSEMBLY BILL NO. 863—Shirley Horton (Coauthors: Benoit, Cogdill, Cox,
Daucher, La Suer, Maldonado, Maze, Pacheco, Plescia, and Runner) (Coauthors:
Senators Johnson and Soto). An act to amend Section 667.5 of the Penal Code, relating
to violent felonies.
  ASSEMBLY BILL NO. 864—Firebaugh. An act to amend Section 19912 of the
Business and Professions Code, relating to gambling.
  ASSEMBLY BILL NO. 865—Matthews. An act to amend Section 1122 of the Penal
Code, relating to criminal procedure.
  ASSEMBLY BILL NO. 866—Pavley. An act to amend Section 30947 of the Public
Resources Code and to amend Section 79543 of the Water Code, relating to water
quality.
  ASSEMBLY BILL NO. 867—Nakano. An act to amend Sections 29093, 29109,
53895, and 53895.5 of the Government Code, relating to financial reports.
  ASSEMBLY BILL NO. 868—Parra. An act relating to migrant farm labor centers.
  ASSEMBLY BILL NO. 869—Parra. An act to add Section 9.5 to the Food and
Agricultural Code, relating to civil administrative penalties.
  ASSEMBLY BILL NO. 870—Strickland. An act to amend Sections 19412 and
19601 of, and to add Section 19610.8 to, the Business and Professions Code, relating to
horse racing, and making an appropriation therefor.
  ASSEMBLY BILL NO. 871—Strickland. An act to amend Section 21100 of the
Vehicle Code, relating to vehicles.
  ASSEMBLY BILL NO. 872—Strickland. An act to amend Section 22349 of the
Vehicle Code, relating to vehicles.
  ASSEMBLY BILL NO. 873—Richman and Runner. An act to amend Section
11346.3 of the Government Code, relating to the Administrative Procedure Act.
  ASSEMBLY BILL NO. 874—Wyland (Coauthors: Plescia and Strickland). An
act to amend Section 190.2 of the Penal Code, relating to murder.
   ASSEMBLY BILL NO. 875—Wyland. An act to add Section 7104.1 to the Revenue
and Taxation Code, and to add Section 2100.1 to the Streets and Highways Code,
relating to transportation.
  ASSEMBLY BILL NO. 876—Campbell. An act to amend Section 290.4 of the
Penal Code, relating to sex offenders.
  ASSEMBLY BILL NO. 877—Maddox. An act to add Section 1202.1 to the Water
Code, relating to water.
  ASSEMBLY BILL NO. 878—Pavley. An act to amend Section 6084 of the Harbors
and Navigation Code, relating to harbor districts.
Feb. 20, 2003                 ASSEMBLY JOURNAL                                   459
  ASSEMBLY BILL NO. 879—Koretz. An act to add Chapter 16 (commencing with
Section 121345) to Part 4 of Division 105 of the Health and Safety Code, relating to
health care.
  ASSEMBLY BILL NO. 880—Diaz. An act relating to taxation.
 ASSEMBLY BILL NO. 881—Koretz. An act to add Section 14105.32 to the
Welfare and Institutions Code, relating to Medi-Cal.
  ASSEMBLY BILL NO. 882—Diaz. An act relating to energy resources.
   ASSEMBLY BILL NO. 883—Runner. An act to repeal and amend Section 132.5 of
the Penal Code, relating to witnesses.
  ASSEMBLY BILL NO. 884—Diaz. An act to amend Section 21001 of the Elections
Code, relating to redistricting.
  ASSEMBLY BILL NO. 885—Leno. An act to amend Section 596.7 of the Penal
Code, relating to animals.
  ASSEMBLY BILL NO. 886—Diaz. An act relating to state employees, and
declaring the urgency thereof, to take effect immediately.
  ASSEMBLY BILL NO. 887—Committee on Agriculture (Matthews (Chair)
Maldonado (Vice Chair) Berg, Cogdill, Maddox, Maze, Oropeza, Parra, Reyes,
Salinas, Vargas, and Wiggins). An act to amend Section 74785 of the Food and
Agricultural Code, relating to agriculture.
  ASSEMBLY BILL NO. 888—McCarthy. An act to amend Sections 350, 353, and
354 of the Water Code, relating to water.
  ASSEMBLY BILL NO. 889—McCarthy. An act relating to taxation.
   ASSEMBLY BILL NO. 890—Wesson and Parra. An act to amend Section 66.5 of
the Military and Veterans Code, relating to veterans.
  ASSEMBLY BILL NO. 891—Runner. An act to add Section 290.45 to the Penal
Code, relating to sex offenders.
  ASSEMBLY BILL NO. 892—Dymally. An act to amend Section 2026 of the
Elections Code, relating to elections.
  ASSEMBLY BILL NO. 893—Mountjoy. An act to amend Section 16102 of the
Business and Professions Code, relating to local government.
  ASSEMBLY BILL NO. 894—Firebaugh. An act to add Section 662 to the Streets
and Highways Code, relating to highways.
  ASSEMBLY BILL NO. 895—Steinberg. An act relating to public lands.
   ASSEMBLY BILL NO. 896—Diaz. An act to amend Sections 20039 and 20322 of
the Government Code, relating to public employees’ retirement, and making an
appropriation therefor.
  ASSEMBLY BILL NO. 897—Jackson. An act to amend Section 13263 of the Water
Code, relating to water.
   ASSEMBLY BILL NO. 898—Chu. An act to add Section 680 to the Penal Code,
relating to DNA evidence.
  ASSEMBLY BILL NO. 899—Wiggins. An act to add Section 14001 to, and to
repeal Sections 15037 and 15037.1 of, the Unemployment Insurance Code, relating to
unemployment insurance.
  ASSEMBLY BILL NO. 900—Committee on Governmental Organization
(Jerome Horton (Chair), Strickland (Vice Chair), Calderon, Canciamilla, Chavez,
Cohn, Corbett, Firebaugh, Frommer, Harman, Levine, Longville, Maddox,
McCarthy, Negrete McLeod, Nunez, Oropeza, Wiggins, and Yee). An act to add and
repeal Section 19441.5 of the Business and Professions Code, relating to horse racing.
  ASSEMBLY BILL NO. 901—Jackson. An act to amend Section 25722 of the
Public Resources Code, relating to the state vehicle fleet.
460                         ASSEMBLY JOURNAL                     Feb. 20, 2003
  ASSEMBLY BILL NO. 902—Diaz. An act to amend Section 4107 of the Public
Contract Code, relating to public contracts.
  ASSEMBLY BILL NO. 903—Steinberg. An act relating to construction defects.
  ASSEMBLY BILL NO. 904—Lowenthal. An act to amend Section 457.1 of the
Penal Code, relating to arson.
  ASSEMBLY BILL NO. 905—Hancock. An act to add Section 8483.71 to the
Education Code, relating to programs.
  ASSEMBLY BILL NO. 906—Nakano and Laird. An act to add Division 38
(commencing with Section 72400) to the Public Resources Code, relating to vessels.
  ASSEMBLY BILL NO. 907—Pavley. An act to add Section 60605.3 to the
Education Code, relating to curriculum.
  ASSEMBLY BILL NO. 908—Chan. An act to add Section 89536.1 to the Education
Code, relating to the California State University.
  ASSEMBLY BILL NO. 909—Reyes. An act to add Section 2886.5 to the Public
Utilities Code, relating to telecommunications.
   ASSEMBLY BILL NO. 910—Diaz. An act to add Division 112 (commencing with
Section 130500) to the Health and Safety Code, relating to hospital community
responsibility.
  ASSEMBLY BILL NO. 911—Longville. An act to add Section 53109.7 to the
Government Code, relating to public safety services.
  ASSEMBLY BILL NO. 912—Reyes. An act to amend Section 2085.5 of the Penal
Code, relating to prisoners.
  ASSEMBLY BILL NO. 913—Corbett. An act to amend Section 51298 of the
Government Code, relating to manufacturing.
  ASSEMBLY BILL NO. 914—Reyes. An act relating to public safety
communications.
  ASSEMBLY BILL NO. 915—Dutra. An act to amend Sections 15372, 15375, and
15503 of the Elections Code, relating to elections.
  ASSEMBLY BILL NO. 916—Samuelian. An act to amend Section 208 of the Penal
Code, relating to kidnapping.
  ASSEMBLY BILL NO. 917—Shirley Horton. An act to add Section 11251 to the
Welfare and Institutions Code, relating to CalWORKs, and making an appropriation
therefor.
   ASSEMBLY BILL NO. 918—Chan. An act to amend Sections 45102 and 88002 of
the Education Code, relating to classified school employees.
  ASSEMBLY BILL NO. 919—Plescia. An act to amend Section 44586 of the
Education Code, relating to personnel.
  ASSEMBLY BILL NO. 920—Nakano. An act to amend Sections 1102.6a, 1102.17,
and 1103.2 of the Civil Code, and to amend Sections 53343.1 and 53754 of the
Government Code, relating to real estate disclosures.
  ASSEMBLY BILL NO. 921—Firebaugh. An act to add Section 60200.8 to the
Education Code, relating to instructional materials.
  ASSEMBLY BILL NO. 922—Maze. An act to amend Section 63040 of the
Government Code, relating to economic development.
  ASSEMBLY BILL NO. 923—Firebaugh. An act relating to health care.
  ASSEMBLY BILL NO. 924—Maldonado. An act to amend Section 602.8 of the
Penal Code, relating to crimes.
   ASSEMBLY BILL NO. 925—Richman. An act to amend Section 42301.14 of the
Health and Safety Code, and to amend Section 25550 of the Public Resources Code,
relating to powerplants.
Feb. 20, 2003                 ASSEMBLY JOURNAL                                     461
  ASSEMBLY BILL NO. 926—Richman. An act to repeal Sections 115010.5 and
115261 of, and to repeal Article 19 (commencing with Section 115273) of Chapter 8 of
Part 9 of Division 104 of, the Health and Safety Code, and to repeal Sections 1 and 2 of
Chapter 513 of the Statutes of 2002, relating to radioactive waste.
  ASSEMBLY BILL NO. 927—Campbell. An act to add Section 43830.5 to the
Health and Safety Code, relating to air pollution.
  ASSEMBLY BILL NO. 928—Pacheco. An act to add Section 487.8 to the Penal
Code, relating to vessels.
  ASSEMBLY BILL NO. 929—Hancock. An act to amend Section 71 of the Streets
and Highways Code, relating to transportation.
  ASSEMBLY BILL NO. 930—Mountjoy. An act to add Article 6 (commencing with
Section 11199.5) to Chapter 2 of Title 1 of Part 4 of the Penal Code, relating to sexual
abuse.
  ASSEMBLY BILL NO. 931—Richman. An act to add Section 63002 to the
Education Code, relating to school finance, and making an appropriation therefor.
  ASSEMBLY BILL NO. 932—Koretz. An act to amend Section 2472 of the
Business and Professions Code, relating to podiatric medicine.
  ASSEMBLY BILL NO. 933—Reyes. An act to amend Section 68120 of the
Education Code, and to amend Section 21537 of the Government Code, relating to death
benefits.
   ASSEMBLY BILL NO. 934—Reyes. An act to add Section 280.5 to the Penal Code,
relating to child abduction.
   ASSEMBLY BILL NO. 935—Diaz. An act to add Chapter 9 (commencing with
Section 100600) to Part 12 of Division 10 of the Public Utilities Code, relating to
transportation.
  ASSEMBLY BILL NO. 936—Reyes. An act to add Section 646.95 to the Penal
Code, relating to baby stalking.
  ASSEMBLY BILL NO. 937—Yee. An act to amend Section 49400 of the Education
Code, relating to pupils.
  ASSEMBLY BILL NO. 938—Yee. An act to add Sections 2435.2, 2987.2, 4984.75,
and 4996.65 to the Business and Professions Code, and to add Article 4 (commencing
with Section 128454) to Chapter 5 of Part 3 of Division 104 of the Health and Safety
Code, relating to health professions.
 ASSEMBLY BILL NO. 939—Yee. An act to add Sections 5781 and 14132.74 to the
Welfare and Institutions Code, relating to Medi-Cal.
   ASSEMBLY BILL NO. 940—Yee. An act to amend Sections 2915, 4980.54, and
4996.22 of, and to add Section 2190.6 to, the Business and Professions Code, relating
to healing arts.
  ASSEMBLY BILL NO. 941—Yee. An act to amend Section 1372 of the Penal Code,
and to amend Sections 4100, 7200, and 7200.06 of, and to repeal Sections 7229 and
7233 of, the Welfare and Institutions Code, relating to state hospitals.
   ASSEMBLY BILL NO. 942—Leno and Firebaugh. An act to add Section 49423.1
to the Education Code, relating to pupil health.
  ASSEMBLY BILL NO. 943—Chavez. An act to amend Section 12640.04 of the
Insurance Code, relating to mortgage guaranty insurance.
   ASSEMBLY BILL NO. 944—Matthews. An act to amend Sections 65560, 65561,
65562, 65564, 65566, and 65567 of, to amend the heading of Article 10.5 (commencing
with Section 65560) of Division 1 of Title 7 of, and to add Sections 65565 and 65571 to,
the Government Code, relating to local planning.
  ASSEMBLY BILL NO. 945—Nunez. An act to add Section 207.6 to the Welfare
and Institutions Code, relating to minors.
462                          ASSEMBLY JOURNAL                       Feb. 20, 2003
   ASSEMBLY BILL NO. 946—Frommer. An act to amend Section 12693.99 of the
Insurance Code, relating to the Healthy Families Program, and making an appropriation
therefor.
   ASSEMBLY BILL NO. 947—Jackson. An act to amend Sections 36200 and 36201
of the Public Resources Code, relating to natural resources.
  ASSEMBLY BILL NO. 948—Nunez. An act to add Section 2115 to the Business
and Professions Code, relating to physicians and surgeons.
   ASSEMBLY BILL NO. 949—Pavley (Principal coauthor: Senator Dunn). An act
to amend Section 803 of the Penal Code, relating to criminal procedure, and declaring
the urgency thereof, to take effect immediately.
  ASSEMBLY BILL NO. 950—Haynes. An act to amend Section 51554 of the
Education Code, relating to instruction.
  ASSEMBLY BILL NO. 951—Bates. An act to add Section 13383.7 to the Water
Code, relating to water.
  ASSEMBLY BILL NO. 952—Vargas. An act to amend Section 11121 of the Penal
Code, relating to records.
  ASSEMBLY BILL NO. 953—Houston. An act to amend Sections 66424.6 and
66462.5 of the Government Code, relating to land use.
  ASSEMBLY BILL NO. 954—Goldberg. An act to add Section 44825 to the
Education Code, relating to teachers.
  ASSEMBLY BILL NO. 955—Wiggins. An act to amend Section 68101 of the
Government Code, relating to courts.
  ASSEMBLY BILL NO. 956—Nation. An act to add Section 44013 to the Education
Code, relating to teacher credentialing.
  ASSEMBLY BILL NO. 957—La Suer. An act to add Section 312.2 to the Penal
Code, relating to obscenity.
  ASSEMBLY BILL NO. 958—La Suer. An act to amend Section 209 of the Penal
Code, relating to kidnapping.
  ASSEMBLY BILL NO. 959—La Suer. An act to amend Section 51220 of the
Education Code, relating to instruction.
  ASSEMBLY BILL NO. 960—La Suer. An act to add Article 8.8 (commencing with
Section 1039) to Chapter 4 of Division 8 of the Evidence Code, relating to privilege.
  ASSEMBLY BILL NO. 961—La Suer. An act to amend Section 8605 of the Family
Code, relating to adoption.
  ASSEMBLY BILL NO. 962—La Suer. An act to amend and renumber Section
305.5 of the Welfare and Institutions Code, relating to minors.
  ASSEMBLY BILL NO. 963—Bogh. An act to amend Section 186.22 of the Penal
Code, relating to crime.
  ASSEMBLY BILL NO. 964—Frommer. An act to amend Sections 2982, 2982.5,
and 2985.8 of the Civil Code, relating to vehicle contracts.
  ASSEMBLY BILL NO. 965—Kehoe. An act to add Section 423.5 to the
Government Code, relating to state emblems.
  ASSEMBLY BILL NO. 966—Shirley Horton. An act to add Section 13885.9 to the
Penal Code, relating to sexual habitual offenders.
  ASSEMBLY BILL NO. 967—Chavez. An act to amend Sections 19136, 23800,
23800.5, 23801, 23802, 23802.5, 23803, 23804, 23809, and 23811 of, and to repeal
Section 23804.5 of, the Revenue and Taxation Code, relating to taxation.
   ASSEMBLY BILL NO. 968—Correa. An act to add Section 3600.7 to the Labor
Code, relating to workers’ compensation, and declaring the urgency thereof, to take
effect immediately.
Feb. 20, 2003                ASSEMBLY JOURNAL                                   463
   ASSEMBLY BILL NO. 969—Correa (Coauthor: Maddox). An act to add Chapter
2.1 (commencing with Section 15372.10) to Part 6.7 of Division 3 of Title 2 of the
Government Code, relating to economic development.
  ASSEMBLY BILL NO. 970—Correa. An act to amend Section 9882 of the
Business and Professions Code, relating to automotive repair.
  ASSEMBLY BILL NO. 971—Correa. An act relating to state employees, and
declaring the urgency thereof, to take effect immediately.
  ASSEMBLY BILL NO. 972—Correa. An act to amend Section 12652 of the
Government Code, relating to false claims.
  ASSEMBLY BILL NO. 973—Yee. An act to add Section 315 to the Business and
Professions Code, relating to interpretation services.
  ASSEMBLY BILL NO. 974—Nation. An act to amend Section 30244 of the Public
Resources Code, relating to the coastal zone.
  ASSEMBLY BILL NO. 975—Mullin. An act to amend Section 51220 of the
Education Code, relating to courses of study.
   ASSEMBLY BILL NO. 976—Montanez. An act to add Section 1798.68.5 to the
Civil Code, and to amend Section 13952 of the Government Code, relating to victims of
crime, and declaring the urgency thereof, to take effect immediately.
  ASSEMBLY BILL NO. 977—Longville. An act relating to state employees, and
declaring the urgency thereof, to take effect immediately.
   ASSEMBLY BILL NO. 978—Negrete McLeod. An act to amend Section 710.8 of
the Unemployment Insurance Code, relating to the California State University, and
making an appropriation therefor.
   ASSEMBLY BILL NO. 979—Negrete McLeod. An act to add Chapter 11
(commencing with Section 3550) to Division 4 of Title 1 of the Government Code,
relating to employer-employee relations.
  ASSEMBLY BILL NO. 980—Salinas. An act to add Section 65585.3 to the
Government Code, relating to housing.
  ASSEMBLY BILL NO. 981—Vargas. An act to amend Section 121 of the Insurance
Code, relating to insurance.
  ASSEMBLY BILL NO. 982—Vargas. An act to amend Section 790 of the Insurance
Code, relating to insurance.
  ASSEMBLY BILL NO. 983—Vargas. An act to amend Section 12901 of the
Insurance Code, relating to insurance.
  ASSEMBLY BILL NO. 984—Vargas. An act to amend Sections 9855, 9855.2, and
9855.5 of the Business and Professions Code, and to amend Section 116 of, and to add
Section 103.5 to, the Insurance Code, relating to service contracts.
  ASSEMBLY BILL NO. 985—Vargas. An act to add Section 23109.1 to the Vehicle
Code, relating to Vehicles.
  ASSEMBLY BILL NO. 986—Jerome Horton. An act to add Section 38 to the
Revenue and Taxation Code, relating to taxation.
  ASSEMBLY BILL NO. 987—Leslie. An act to add Section 5025 to the Vehicle
Code, relating to vehicles.
  ASSEMBLY BILL NO. 988—Maze. An act to add and repeal Sections 17053.19
and 23619 of the Revenue and Taxation Code, relating to taxation, to take effect
immediately, tax levy.
  ASSEMBLY BILL NO. 989—La Malfa. An act to amend Sections 17052.10 and
23610 of the Revenue and Taxation Code, relating to taxation, to take effect
immediately, tax levy.
   ASSEMBLY BILL NO. 990—Ridley-Thomas. An act to add Article 7
(commencing with Section 79250) to Chapter 9 of Part 48 of the Education Code,
relating to community colleges.
464                           ASSEMBLY JOURNAL                        Feb. 20, 2003
   ASSEMBLY BILL NO. 991—Negrete McLeod. An act to add Section 13514.1 to
the Penal Code, relating to peace officer training.
  ASSEMBLY BILL NO. 992—Ridley-Thomas. An act to add Chapter 2.8
(commencing with Section 12330) to Title 2 of Part 4 of the Penal Code, relating to
ammunition, and making an appropriation therefor.
  ASSEMBLY BILL NO. 993—Ridley-Thomas. An act to add Title 5.3
(commencing with Section 13740) to Part 4 of the Penal Code, relating to crime
prevention.
  ASSEMBLY BILL NO. 994—Cox. An act to amend Sections 65583, 65583.1,
65588, and 65589.5 of the Government Code, relating to housing.
   ASSEMBLY BILL NO. 995—Ridley-Thomas. An act to amend Section 679.71 of
the Insurance Code, relating to insurance policies.
  ASSEMBLY BILL NO. 996—Wiggins. An act to amend Section 11413 of the Penal
Code, relating to terrorism.
  ASSEMBLY BILL NO. 997—Ridley-Thomas. An act to amend Section 4102 of the
Food and Agricultural Code, relating to the California Science Center.
   ASSEMBLY BILL NO. 998—Lowenthal. An act to add Article 9.1 (commencing
with Section 41998) to Chapter 3 of Part 4 of Division 26 of the Health and Safety Code,
relating to air quality, and making an appropriation therefor.
  ASSEMBLY BILL NO. 999—Jerome Horton. An act to add Section 1367.69 to the
Health and Safety Code, to add Section 10119.4 to the Insurance Code, and to add
Section 14132.27 to the Welfare and Institutions Code, relating to health care.
  ASSEMBLY BILL NO. 1000—Dutra and Goldberg. An act to amend Sections
1502 and 2117 of the Corporations Code, relating to corporations.
  ASSEMBLY BILL NO. 1001—Hancock. An act to add Section 33315 to the
Education Code, relating to public schools.
 ASSEMBLY BILL NO. 1002—La Malfa. An act to amend Section 79421 of the
Water Code, relating to water.
   ASSEMBLY BILL NO. 1003—Ridley-Thomas. An act to add Section 23701m to
the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax
levy.
  ASSEMBLY BILL NO. 1004—Leslie. An act to add Section 99250.8 to the Public
Utilities Code, relating to transportation.
  ASSEMBLY BILL NO. 1005—Dutra. An act to amend Section 12401.7 of the
Insurance Code, relating to title insurance.
  ASSEMBLY BILL NO.