SENATE DAILY JOURNAL CALIFORNIA LEGISLATURE. Jan. 8, 2007 SENATE JOURNAL 25

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1 Jan. 8, 2007 SENATE JOURNAL 25 CALIFORNIA LEGISLATURE REGULAR SESSION SENATE DAILY JOURNAL FOURTH LEGISLATIVE DAY IN SENATE Senate Chamber, Sacramento Monday, January 8, 2007 The Senate met at 9 a.m. Hon. Don Perata, of the 9th District, presiding. Secretary Greg Schmidt at the Desk. Assistant Secretary Kipchoge Randall reading. ROLL CALL The roll was called and the following Senators answered to their names: Ackerman, Alquist, Ashburn, Cedillo, Cogdill, Corbett, Correa, Cox, Ducheny, Dutton, Harman, Hollingsworth, Kehoe, Kuehl, Machado, Maldonado, Margett, McClintock, Migden, Negrete McLeod, Oropeza, Padilla, Perata, Ridley-Thomas, Romero, Runner, Scott, Simitian, Steinberg, Torlakson, Wiggins, and Yee 32. Quorum present. (NOTE: Senators Aanestad, Battin, Calderon, Denham, and Florez will be excused this day on legislative business, Senators Lowenthal and Wyland will be excused this day on personal business, and Senator Vincent will be excused this day due to illness.) MESSAGES FROM THE GOVERNOR Governor s Office, State Capitol January 5, 2007 To the Senate of the State of California: I have the honor to transmit to you herewith the following appointment heretofore made by me to an office which by law is to be filled by the Governor. This appointment is subject to Senate confirmation and consent.

2 26 SENATE JOURNAL Jan. 8, 2007 I hereby nominate this appointee to you and request your confirmation and consent. Sincerely, ARNOLD SCHWARZENEGGER, Governor John Michael Mass, Executive Vice President, William Morris Agency; and serving on the Board since 2004 as Chair. Reappointed 12/22/06. Effective 12/28/06. Member, California State Lottery Commission, term ending 11/06/11. Above appointment referred to the Committee on Rules. MESSAGES FROM THE ASSEMBLY Assembly Chamber, January 5, 2007 Mr. President: I am directed to inform your honorable body that the Assembly on this day adopted: SCR 1 E. DOTSON WILSON, Chief Clerk of the Assembly Above resolution ordered enrolled. INTRODUCTION AND FIRST READING OF SENATE MEASURES The following measures were introduced, read the first time and transmitted to the Committee on Rules for assignment: Senate Bill 51: By Senator Ducheny An act to add Part 6.44 (commencing with Section ) to Division 2 of the Insurance Code, relating to health care coverage. Senate Bill 52: By Senator Scott An act to amend Sections and of, to add Section to, and to repeal Section of, the Education Code, relating to teacher credentialing, and declaring the urgency thereof, to take effect immediately. COMMUNICATIONS AND LETTERS OF TRANSMITTAL The following communications were ordered printed in the Journal: An annual report dated: October 23, 2006, was received from the California Managed Risk Medical Insurance Board and transmitted to the Committee on Banking, Finance and Insurance. A report dated: November 28, 2006, relating to the California High School Exit Exams, was received from the California Department of Education and transmitted to the Committee on Education. An annual report dated: November 28, 2006, relating to the Division of Occupational Safety and Health, was received from the Department of Industrial Relations and transmitted to the Committee on Budget and Fiscal Review.

3 Jan. 8, 2007 SENATE JOURNAL 27 An audit report dated: November 30, 2006, relating to the Mathematics and Reading Professional Development Program, was received from the California State Auditor and transmitted to the Committee on Rules. A report dated: November 30, 2006, relating to the Partnership for the San Joaquin Valley, was received from the Business, Transportation and Housing Agency and transmitted to the Committee on Transportation and Housing. A report dated: November 30, 2006, relating to Railroad Safety, was received from the Public Utilities Commission and transmitted to the Committee on Energy, Utilities and Communications. A report dated: November 30, 2006, relating to the 2005 Statewide Summary, was received from the Department of Housing and Community Development and transmitted to the Committee on Transportation and Housing. A report dated: December 1, 2006, relating to Compliance, was received from the Department of Mental Health and transmitted to the Committee A report dated: December 1, 2006, relating to the Transformation of the Office of State Publishing, was received from the Department of General Services and transmitted to the Committee Website: An annual report dated: December 4, 2006, relating to the Riverside County EMS Fund, FY , was received from the Riverside County Community Health Agency and transmitted to the Committee on Health. A biennial report dated: December 4, 2006, relating to the Consolidation in the San Diego Region, was received from the San Diego Area of Governments and transmitted to the Committee on Transportation and Housing. An annual report dated: December 6, 2006, relating to the Target Business Enterprise Program, was received from the State Treasurer and transmitted to the Committee on Governmental Organization. An annual report dated: December 6, 2006, relating to Fiscal Solvency and the Vallejo City Unified School District, was received from the Solano County Office of Education and transmitted to the Committee

4 28 SENATE JOURNAL Jan. 8, 2007 A report dated: December 8, 2006, relating to Property Tax Apportionments, was received from the State Controller and transmitted to the Committee on Revenue and Taxation. A report dated: December 13, 2006, relating to the Commercial Vehicle Registration Act of 2001, was received from the Department of Motor Vehicles and transmitted to the Committee on Transportation and Housing. A report dated: December 14, 2006, relating to Judgments or Settlements, was received from the Board of Vocational Nursing and Psychiatric Technicians and transmitted to the Committee on Business, Professions and Economic Development. A report dated: December 14, 2006, relating to the Passenger Car Rental Industry, was received from the Business, Transportation and Housing Agency and transmitted to the Committee on Transportation and Housing. A quarterly report dated: December 15, 2006, relating to the Project Resourcing and Schedule Management Software Project, was received from the Department of Transportation and transmitted to the Committee A report dated: December 15, 2006, relating to the Maintenance of the Codes, was received from Legislative Counsel and transmitted to the Committee on Rules. A third quarter report dated: December 16, 2006, relating to Financial Statements, ending September 30, 2006 was received from the California Lottery and transmitted to the Committee An annual report dated: December 17, 2006, relating to the Yuba County EMS Fund, FY , was received from the Yuba County Human Services Department and transmitted to the Committee on Health. A report dated: December 21, 2006, relating to Operational Guidelines and Standardized Training Recommendations, was received from the Commission on Peace Officer Standards and Training and transmitted to the Committee on Public Safety. A report dated: December 21, 2006, relating to the Small Business/DVOBE s Contract Activity, was received from the California Housing Finance Agency and transmitted to the Committee on Governmental Organization.

5 Jan. 8, 2007 SENATE JOURNAL 29 An annual report dated: December 22, 2006, relating to the Management of State School Lands, Fiscal Year , was received from the California State Lands Commission and transmitted to the Committee on Governmental Organization. An annual report dated: December 23, 2006, relating to the Ventura County EMS Fund, FY , was received from the County of Ventura and transmitted to the Committee on Health. A Title Summary report dated: December 26, 2006, relating to Temporary Facilities for Inmates from Overcrowded County Jails. Limitation on Temporary Disability Benefits for County Inmates. Initiative Statute, was received from the Department of Justice and transmitted to the Committee on Rules. A report dated: December 26, 2006, relating to FY 2006/07 Seismic Safety Commission Assessment, was received from the Department of Insurance and transmitted to the Committee on Insurance. A report dated: December 28, 2006, relating to the San Jacinto River Watershed Sanitary Survey Update and The Canyon Lake Reservoir, was received from MHW and transmitted to the Committee on Environmental Quality. A report dated: December 28, 2006, relating to Complaints and Violations, was received from the State Bar and transmitted to the Committee on Judiciary. A report dated: December 28, 2006, relating to the Small Business/DVOBE s Contract Activity, was received from the California State Lottery and transmitted to the Committee on Governmental Organization. A supplemental report dated: December 28, 2006, relating to the Use of Resale Certificates, was received from the Board of Equalization and transmitted to the Committee A report dated: December 29, 2006, relating to Revocable Trusts, was received from the California Law Revision Commission and transmitted to the Committee on Judiciary. An annual report dated: December 29, 2006, was received from the Transportation Commission and transmitted to the Committee on Transportation and Housing.

6 30 SENATE JOURNAL Jan. 8, 2007 A report dated: January 2, 2007, relating to Homicide in California, was received from the Department of Justice and transmitted to the Committee A Title Summary report dated: January 3, 2007, relating to Public Entities. Revival of Claims. Elimination of Legal Defenses. Unlimited Compensation for Private Property. Initiative Constitutional Amendment, was received from the Department of Justice and transmitted to the Committee on Rules. A biennial report dated: January 3, 2007, relating to Program Activities, was received from the Department of Transportation and transmitted to the Committee LEAVES OF ABSENCE FOR THE DAY The following Senators were granted leaves of absence for the day due to legislative business: Senators Aanestad, Battin, Calderon, Denham, and Florez. The following Senators were granted leaves of absence for the day due to personal business: Senators Lowenthal and Wyland. The following Senator was granted leave of absence for the day due to illness: Senator Vincent. REQUESTS TO ADJOURN IN MEMORIAM Senator Cox requested that when the Senate adjourns this day it do so in memory of Betty Elizabeth Swift of Sutter Creek, James R. Wall of Auburn, and Roger B. Taylor of Lake Almanor. Senator Ducheny requested that when the Senate adjourns this day it do so in memory of Deanne Hammers of Potrero. Senator Kuehl requested that when the Senate adjourns this day it do so in memory of Mary Frampton of Malibu. Senator Machado requested that when the Senate adjourns this day it do so in memory of Jessica Angel Drummond of Lodi. Senator Runner requested that when the Senate adjourns this day it do so in memory of Tom Smith of Rosamond and Mary Ellen Harler of Lancaster. ADJOURNMENT At 3:30 p.m., the Senate adjourned pursuant to the Senators requests until 9 a.m., Tuesday, January 9, PAULA K. ROSSETTO, Minute Clerk