Capitol Alert

Democrat Xochitl Paderes is dropping out of the race for the open 13th Assembly District.

The community activist told the Stockton Record that she was worried about the effect campaign attacks could have on her family. She had recently been targeted by expenditures made by a committee backed by the California Chamber of Commerce.

The Record reports:

The 36-year-old candidate said she doesn't have the money to fight negative campaign mailers and was concerned that future personal attacks could jeopardize completion of a lengthy adoption process for her 9-year-old son.

"Any kind of misrepresentation of the facts ... could compromise our fight," Paderes said Monday. "It is just ridiculous that politics has to be so nasty and dirty and negative. I don't have the kind of money to tackle them or rebut them or do anything like that."

Paderes will still appear on the ballot and more than 20,000 voters in the Stockton-area district have already cast a vote via vote-by-mail ballots, the Record reports.

But her exit from the race could give Stockton City Councilwoman Susan Eggman, also a Democrat, a clearer shot at securing a spot in the November runoff. The two had been locked in a battle for the runoff, with Cal Chamber chipping in for Eggman and some labor unions that were upset about Eggman's actions on the council backing Paderes.

One other Democrat and two Republicans are also in the running for the seat. The top two vote-getters in the June 5 primary will advance to the November runoff, regardless of their political party affiliation.

Click here to read the full Stockton Record story.

RELATED POST:

California Chamber of Commerce spends to support Democrats running for Assembly

A political committee that Service Employees International Union California created to support moderate Republican candidates for the Legislature reported its first expenditure of the 2012 election Wednesday, dropping more than $15,000 on mail pieces opposing Republican Assemblyman Tim Donnelly's bid for re-election.

Donnelly, a conservative first-term assemblyman known for his vocal opposition to illegal immigration, is facing Republican Bill Jahn, the mayor of Big Bear Lake, and Democrat John Coffey on the June 5 ballot in the 33rd Assembly District.

The mailers were reported in a campaign filing posted on the secretary of state's website.The committee also reported spending about $20,000 on a survey in the safe Republican district.

SEIU California launched the Golden California Committee last year as part of an effort to elect more moderate Republicans to the Legislature. Leaders said the new district lines and top-two primary system allow more opportunities to influence the outcome in conservative districts.

The union says 87,000 of its 700,000 members are registered Republicans.

RELATED POSTS:
SEIU California launches Republican PAC to back moderates

JobsPAC, the political action committee of the California Chamber of Commerce, has recently shelled out more than $150,000 on independent efforts backing two Democrats running for the Assembly.

About $121,000 went to consultants,research, polling and mailers to support Orange County Democrat Tom Daly's run for the Assembly District 69 seat, according to the PAC's latest filings with the Secretary of State.

Daly, a moderate who OC Weekly tagged "the Joe Lieberman of Orange County politics," has a long history in public office that includes 10 years as Anaheim's mayor.

Other contenders for the Democratic-leaning seat currently held by termed-out Assemblyman Jose Solorio , D-Santa Ana, include Santa Ana City Councilwoman Michele Martinez and labor activist Julio Perez, both Democrats. Another committee backed by labor has been spending heavily for Perez.

Closer to Sacramento, the chamber supported Stockton City Councilwoman Susan Eggman's candidacy for the Assembly District 13 seat with $33,000 spent independently on consulting, research, and mailers.

Although three Republicans are on the AD 13 June primary ballot, the primary race is focused on Eggman and labor-backed Democratic community activist Xochitl Paderes, whose campaign has received nearly $20,000 from labor organizations, state records show.

The Stockton Record recently reported that the fight between the candidates is centering on Stockton's well-known fiscal problems and how the city council on which Eggman serves decided to enter confidential talks with creditors, hoping to avoid bankruptcy. That has angered unions, which have endorsed Paderes.

A proposed resolution to commend the Boy Scouts of America on its 102nd anniversary died today in an Assembly committee because the measure did not urge the group to accept gays and lesbians.

Instead, the Assembly Judiciary Committee passed a separate resolution that applauded the Boy Scouts but said its policy against accepting homosexuals is harmful and discriminatory -- and should be reconsidered.

The measure that passed, crafted by committee Chairman Mike Feuer, D-Los Angeles, encouraged the group to "accept for membership and leadership positions all qualified boys and men, without discriminating on the basis of sexual orientation or religious beliefs."

Assemblyman Mike Morrell, R-Rancho Cucamonga, wrote the resolution that died in the committee by a party-line vote, supported by Republicans. He said he simply wanted his Assembly Concurrent Resolution 94 to commend the group for its many good deeds, not to make the issue political.

"I don't think this body should impose your will upon them," Morrell told the committee.

Feuer countered that lawmakers were not imposing their will upon the Boy Scouts - and could not legally do so. But before commending an organization, the Assembly should consider all facets of it, he said.

Comparing one form of discrimination to another, Feuer said that any group that excluded potential members because of their skin color would not be popular at the Capitol.

"I don't see the difference between discrimination based on race and on sexual orientation," he said.

Feuer's Assembly Concurrent Resolution 128 passed the committee by a vote of 7-2, with Democrats supporting it.

Forget bipartisanship.

Scrap a roll call vote.

Assemblyman Luis Alejo pulled an Assembly surprise that cannot be amended, rescinded or reversed by the house Monday when he proposed marriage to his longtime love, Karina Cervantez, during a floor session.

She quickly said yes.

The Watsonville Democrat had invited Cervantez to the Capitol, in part, because the Assembly was scheduled to honor the week of Cinco de Mayo by presenting awards to Latino leaders from throughout California.

After the awards ceremony, Alejo took the microphone to introduce Cervantez, a 32-year-old student completing a doctoral degree at UC Santa Cruz. The couple, who have dated seven years, met while both were working on a school board campaign.

Recalling his proposal later Monday, Alejo said he began by introducing Cervantez as beautiful, the love of his life, the daughter of migrant farm workers, his best friend, and the smartest person he knows.

"I turned to her and said, 'Karina, on this day and at this special moment, I want to ask you if you would make me the happiest man on Earth by marrying me."

Alejo said he planned to get down on his knees, awaiting her reply, but while he was contemplating that, Cervantez began to stand.

"It was definitely not professionally choreographed," Cervantez quipped as Alejo retold the story.

She said yes on the Assembly floor - and Alejo grabbed the microphone to announce the news to colleagues and to his mother, Mary Lou Alejo, who had come to witness the proposal.

Assemblyman Bill Monning, D-Carmel, then handed Alejo the diamond ring that the latter had asked him to hide.

Alejo's is the first marriage proposal on the Assembly floor in recent memory, if not the first ever. Chief Clerk Dotson Wilson said it is the only such proposal during his tenure, which began in 1992.

Assemblyman Nathan Fletcher's request to be replaced for today's Assembly Revenue and Taxation Committee, which will vote on a controversial tax proposal, has been granted by Assembly Speaker John A. Pérez.

Fletcher, who recently left the Republican Party and registered as an independent, will be replaced at today's meeting by Assemblyman Donald Wagner, R-Irvine.

By missing today's Revenue and Tax Committee, Fletcher will not cast a vote on hotly contested legislation, Assembly Bill 1500, designed to raise $1 billion for college scholarships by altering tax law affecting out-of-state corporations that do business in California.

Democrats support Pérez's tax proposal while Republicans oppose it, calling it a tax increase. Fletcher's vote conceivably could have won or lost him votes in his current race for mayor of San Diego, where primary ballots will be cast next month.

Last year, Fletcher was one of two Republicans voting for another proposal that would have changed the same tax law. That measure died in the Senate.

Fletcher, in his request to the speaker's office, said the absence was due to personal business in his district, said John Vigna, Perez's spokesman. Fletcher waived the $142 he was due to receive in per diem today.

Fletcher had scheduled a San Diego press conference today at which City Council President Tony Young was endorsing Fletcher's education plan for the city.

Six Republican Assembly members gained new titles today as Republican leader Connie Conway expanded and altered her leadership team.

Conway's changes come in the wake of the GOP's Jeff Gorell returning from deployment to the Afghanistan War and Nathan Fletcher's decision to leave the party to register as an independent.

Two moderate Republicans formerly in leadership positions were not included in the new lineup: Cameron Smyth of Santa Clarita, formerly an assistant leader; and Bill Berryhill of Ceres, formerly a chief whip.

Sabrina Lockhart, Conway's spokeswoman, said that the exclusions of Smyth and Berryhill were not punitive. Both are leaving the Assembly in December. Smyth is termed out and Berryhill is running for a Senate seat.

Conway, in announcing her leadership changes, vowed to "fight to protect Californians from higher taxes" and to push for "common-sense bipartisan solutions" to problems ranging from pension debt to education budget cuts.

The Contra Costa County District Attorney's Office has filed drunken driving charges against Democratic Assemblyman Roger Hernandez of West Covina.

Two misdemeanor charges were filed, officials said, but both counts stem from the same incident in which Hernandez allegedly was driving under the influence when stopped by police March 27. He is scheduled to appear in court May 21 for arraignment.

Laboratory results found that Hernandez' blood-alcohol level at the time of the test was 0.08 percent, the level at which a driver can be charged with drunken driving. The lawmaker was tested about an hour after he was taken into custody, police said.

Hernandez could not be reached immediately for comment today. When lab results were released last week, however, he apologized for his actions and said the findings serve as a "huge wake-up call for me."'

"I may have made a poor judgment thinking that I was sober enough to drive after a couple of drinks over the course of an evening," he said. "Had I thought I was mentally or physically impaired to drive, I would not have gone behind the wheel of a car."

Hernandez, accompanied by a 29-year-old woman, was stopped by officers in the parking lot of the Crowne Plaza Hotel about 2 a.m. on a weekday. The Toyota Camry he was driving - an Assembly vehicle -- had been spotted weaving inside a lane on Concord Avenue, officers said.

The first-term legislator denied that his car had been weaving or that he was impaired at the time.

Hernandez has voluntarily relinquished his right to drive an Assembly pool car until the matter is resolved.

Laboratory test results have concluded that Assemblyman Roger Hernandez was legally drunk when arrested last month in Concord, prompting an apology from the West Covina Democrat.

Hernandez's blood-alcohol level was 0.08 percent at the time of his test, police said in a written statement. His case will be turned over to the Contra Costa District Attorney's Office for review.

Hernandez, in a written statement, apologized for any embarrassment he may have caused others and characterized the test results as a "huge wake-up call for me." He expressed hope that others can learn from the incident that it is dangerous to consume any amount of alcohol before driving.

"I may have made a poor judgment thinking that I was sober enough to drive after a couple of drinks over the course of an evening," Hernandez said. "Had I thought I was mentally or physically impaired to drive, I would not have gone behind the wheel of a car."

Hernandez did not specifically address the blood-level finding, saying simply, "I look forward to fully looking into the specifics of the test for more information."

California law deems motorists with a blood-alcohol level of 0.08 percent or higher to be driving under the influence of alcohol.

"Any time we send (a case) to the DA's office, we're recommending prosecution," Concord Police Chief Guy Swanger said.

Hernandez, D-West Covina, was stopped by officers in the parking lot of the Crowne Plaza Hotel about 2 a.m. on a weekday, March 27. He was accompanied by a 29-year-old woman and his Toyota Camry had been spotted weaving inside a lane on Concord Avenue, officers said.

The first-term legislator denied that his car -- one of the Assembly's pool vehicles -- had been weaving or that he was impaired at the time.

Two days after his arrest, Hernandez said that he had consumed "two, maybe three glasses of wine over the course of a period longer than four hours after dinner."

Swanger said the blood-alcohol test was administered about an hour after Hernandez was taken into custody. Officers detected the smell of alcohol in his car when it was stopped, police reports noted.

Hernandez's blood sample was not tested for drugs because there was no indication during field observations that drugs might be involved, Swanger said.

* Updated at 2:45 p.m. to add comments from Concord Police Chief Guy Swanger. Updated at 5:05 p.m. to add comments from Roger Hernandez.

The California's Commission on the Status of Women is getting a second act with a last-minute funding pledge from the state Assembly.

The commission, which Academy Award-winning Geena Davis chairs, has been advising the governor and Legislature on issues and policy affecting women in the state for more than 45 years.

The panel was set to suspended its operations due to state budget cuts, and Gov. Jerry Brown proposed in January that its remaining $265,000 budget be eliminated, saying "numerous alternative and effective forums" already perform its duties.

But it was saved from the chopping block today. Speaker John A. Pérez and members of the Legislative Women's Caucus announced that the lower house will use $150,000 from its operating budget to fund the commission.

Davis said she has heard the governor's concerns and is "moving forward in a new direction with a clarified focus and a new commitment to women and girls." She said commission officials are exploring public-private funding opportunities and are planning to focus on business, health and safety, education, gender equality in the media and women and children in military families.

"Parity in these key areas is a marker of success and opportunity in our society," she said.

The Democratic governor isn't the only one calling for cutting off money to the commission. Republican Assemblywoman Kristin Olsen of Modesto plans legislation to prohibit the use of public funds for the commission and issued a statement today questioning whether saving the commission is the best use of Assembly budget savings.

"I applaud the Speaker for his willingness to reallocate Assembly funding to other areas of the budget," Olsen said. "However, at a time when teachers are receiving pink slips and we are releasing prisoners early, why would we use this money to fund the Commission on the Status of Women instead of a priority program? That is beyond comprehension."

Pérez said the commission "is one of many" programs the Assembly is looking to bolster with the savings from ongoing reductions to its operating budget, pointing to a recent $500,000 commitment to aid the National Guard in helping returning veterans get jobs and earlier transfers to restore funding for state-subsidized child care. The Los Angeles Democrat said the commission was a worthy recipient in part because of the effect that budget cuts to social services programs have had on women and children.

"You don't need to add insult to injury and layer those cuts on the elimination of the commission that has done essential work to look at those impacts, to look at other out-year challenges for us and to look at ways to create greater equity in the state of California," Pérez said.

PHOTO CREDIT: Academy Award-winning actress Geena Davis talks about funding for the California Commission on the Status of Women with Assembly Speaker John A. Pérez, D-Los Angeles, at the Capitol in Sacramento on Tuesday, April, 24, 2012. Hector Amezcua / Sacramento Bee

Assemblyman Roger Hernandez voluntarily relinquished his right to drive Assembly pool cars Friday, hours after the lower house disclosed that he was driving one of the vehicles when arrested in Concord last month on suspicion of drunken driving.

The West Covina Democrat, in a written statement, said he learned after reviewing Assembly rules that he "should not have used a state vehicle for travel outside the Capitol to the Bay Area."

"I apologize to my constituents and colleagues for doing so," Hernandez wrote. "I do believe pending test results will make clear that I was in fact driving within the law. Until this matter is resolved,I am voluntarily relinquishing my access to drive state vehicles."

Earlier Friday, Assembly administrator Jon Waldie said that Hernandez did not have permission March 27 to take one of the Assembly's pool cars to Concord, where he was arrested in the parking lot of the Crowne Plaza Hotel.

Hernandez was driving a Toyota Camry hybrid that had been assigned to him for travel in the Capitol area, Waldie said.

Lawmakers are making more extensive use of personal vehicles or pool cars after California's independent salary-setting commission eliminated a lease-car program serving Assembly and Senate officeholders.

The general rule is that Assembly members not take pool cars out of Sacramento without prior permission. Officials prefer that out-of-area trips be for a legislative or governmental purpose, Waldie said.

"He was not fully aware of those rules, I guess, being a first-term member," Waldie said. "He is now fully aware of those rules."

Pending results of a blood test, no charges have been filed against Hernandez in connection with the Concord arrest.

UPDATE: 4:20 p.m. The California Lottery Commission is taking down the ad. Read more at this link.

Leaders of the Legislative Women's Caucus are demanding that the California Lottery Commission take a new television ad off the air, saying a scene in which a woman slaps a man who scores a win on a scratch ticket "glamorizes violence."

"We certainly believe this commercial not only portrays women in a poor light -- by perpetrating violence -- but also endorses the act of violence itself," Sen. Noreen Evans and Assemblywoman Bonnie Lowenthal, who co-chair the caucus, wrote in a letter Wednesday to Lottery Director Robert O'Neil.

The letter, posted after the jump, asks the Lottery Commission to pull the ad and "scrutinize the content of future ads which may contain harmful messages that are paid for with public dollars."

"It is inappropriate for any entity, especially a state-funded Commission, to promote its products through the use of violence," the letter reads.

The "Luck has a new look" spot, posted below, shows a woman in black, assumed to be "Lady Luck," walking up to a man playing a California Lottery Black Scratchers ticket at a bowling alley. After she slaps him across the face, he looks at his scratch card and says, "I won!"

A spokesperson for the Lottery Commission was not immediately available for comment. The commission website lists several Lady Luck-themed promoted for the Black Scratchers game running through the month of April.

The television show about nothing has become something of an argument for an Assembly bill to change California's beverage container recycling program.

A reader passed along the Appropriations Committee analysis for Assembly Bill 1933, noting that "Seinfield" antagonist Newman makes a cameo in the three-page bill report:

As the author notes, a 1996 episode television's Seinfeld featured the efforts of supporting character, Newman, to smuggle a mail truck loaded with beverage cans out of New York, which did not offer a beverage container redemption, and into Michigan, where the cans could be turned in for a five-cent redemption value.

Calrecycle does not know how much beverage container material is imported into the state in attempts to fraudulently receive CRV for the material, a la Newman. However, the department has evidence to suspect the practice happens large scale.

The bill's author -- Democratic Assemblyman and apparent Seinfield fan Richard Gordon of Menlo Park -- is likely hoping his legislation enjoys a better outcome than Newman's scheme.

The reoccurring nemesis to the fictional Jerry Seinfield lost both the bottles and his seat in the truck by the end of the two-part episode.

For the record, the episode's math actually involved a 10-cent redemption in Michigan. New York's deposit was then and still is a nickel. Watch a clip from the episode at this link.

PHOTO CREDIT: Actors Jerry Seinfeld, left, as "Seinfeld" and Wayne Knight as "Newman," file photo, 1998.

It's all hands on deck as the deadline approaches for supporters of Gov. Jerry Brown's tax measure to turn in the hundreds of thousands of signatures they need to qualify for the November ballot.

In addition to calling and mailing voters pleas to send signatures in, campaign supporters have asked some Democratic staff members in the Legislature to circulate petitions for the constitutional amendment on their time off.

The volunteer effort is organized by the political, non-state arms of the Assembly and Senate Democratic caucuses, which are funded and staffed by the California Democratic Party, both the Assembly and Senate Democrats say.

Short and sweet.

No flowery speech from Assemblyman Jeff Gorell today as he returned to the Capitol after a yearlong deployment to the war in Afghanistan.

After leading the Assembly in the Pledge of Allegiance, the Camarillo Republican was called upon to address his colleagues.

"Did I miss anything while I was gone? The Capitol press corps tells me no," he quipped.

A framed photo of Gorell in military fatigues, signed by Assembly colleagues, had been presented to him earlier as a welcome-home gift.

"I get to come back to the best job in the world and to work with some of the best people in the world," Gorell said.

"Now let's get back to work."

Gorell, 41, was joined on the Assembly floor by his wife, Laura.

A lieutenant commander in the Navy Reserve, Gorell served in Afghanistan as an intelligence officer stationed with Marines at Camp Leatherneck in the Helmand province.

The chase is over: California Assemblywoman Beth Gaines accepted service today, through her attorney, of a lawsuit filed by fellow Republican Andy Pugno challenging her ballot designation as "small business owner."

Sacramento Superior Court Judge Michael P. Kenny has scheduled a 9 a.m. Monday hearing in the case.

Arguments initially were expected to be heard Thursday, but a judge ruled that Gaines had not been personally served with the paperwork.

The judge's finding prompted a futile, daylong scramble by Pugno's campaign to serve the Rocklin Republican before the close of business Thursday, the deadline for the secretary of state's office to certify ballot titles.

Pugno's lawsuit contends that his rival's ballot designation of "small business owner" is misleading because Gaines and her husband, state Sen. Ted Gaines, incorporated their family-owned insurance firm less than a month before she filed for re-election to the Assembly.

Pugno and Gaines are among candidates for the newly drawn 6th Assembly District, which is based in Placer County but extends into El Dorado Hills, Cameron Park and portions of northeastern Sacramento County.

Gaines' campaign notified Pugno's camp today that she would agree to accept service of the lawsuit through her attorney, Brian Hildreth, of the Bell, McAndrews & Hiltachk law firm, said Dave Gilliard, Gaines' campaign consultant.

Gaines made the decision to end the scrambling after Pugno's representatives scoured the area for her all day, then showed up at a private event in a private home Thursday night, Gilliard said.

"So we just said, 'This is ridiculous,' " said Gilliard.

Pugno countered that Gaines "clearly was in hiding" after Thursday's ruling that she needed to be personally served with papers.

Though Pugno missed the state's deadline for certification of ballot titles, he said there remains time for a judge Monday to order counties to make changes before the material is sent for printing.

Brad Buyse, Sacramento County's campaign services manager, said the county's position is that the deadline for changes in the ballot for the Assembly race has been missed, but "we'll try to comply with whatever the court orders."

"It really doesn't matter," Gilliard said of the deadline, "because she's going to prove quite easily that she's a business owner."

* Updated at 2:30 p.m. to say that Pugno had served Gaines with papers.

Welcome home, Jeff Gorell.

After a yearlong stint at war in Afghanistan, Assemblyman Jeff Gorell can unpack his bags now in Camarillo. He expects to finish processing paperwork today to transition out of active military duty.

"I'm back in California, I'm home," Gorell told The Bee. "It's great to be back."

The 41-year-old, first-term Republican lawmaker expects to return to the Capitol on April 9, when the Assembly reconvenes after a weeklong recess.

"I'll be there, rocking and rolling," Gorell said. "I'm looking forward to getting back in the mix."

Meanwhile, Gorell can spend time with his wife, Laura, and with their two young children.

Gorell, a Naval reservist, was deployed on active duty as an intelligence officer stationed with Marines at Camp Leatherneck in Afghanistan's Helmand province, spokesman Doug Lorenz said.

Assemblywoman Beth Gaines, R-Rocklin, had good reason to avoid her office today.

The campaign manager for Andy Pugno, Gaines' GOP rival in the 6th Assembly District, staked out the hallway outside her Capitol office for hours in hopes of serving the Rocklin Republican with a lawsuit.

Pugno, a Folsom attorney, filed a lawsuit earlier this week challenging Gaines' use of "small business owner" as her job title on the ballot. Gaines says it's accurate because she and husband Ted Gaines, a state senator, own their own insurance company. Pugno's complaint says telling voters that is her "principal profession, occupation or vocation" is misleading because the company was just incorporated in late January.

The case was scheduled to be heard this morning in Sacramento Superior Court. But the question was put on hold after lawyers for Gaines successfully argued that the case should not be heard because their client had not been personally served with the paperwork. Pugno said the judge told his attorneys that they can return later today to make their case if they are able to serve Gaines.

With the clock ticking to make changes to ballot language, Pugno campaign manager Jim Dutra headed to the Capitol to try to serve Gaines there, arriving at the benches outside her fourth-floor office at about 11:30 a.m. The assemblywoman had not returned to her office as of 1:30 p.m. An aide said she was expected to be in and out of the office throughout the day but was not currently there.

Much talk, no action -- yet. California's Citizens Compensation Commission spent two hours today discussing state officeholder compensation, but no decisions were made and none of its members suggested raising pay of legislators or other statewide officeholders.

Chairman Tom Dalzell said he suspects that the state's budget crisis would bar any pay hike, even if there were sentiment to do so when the commission reconvenes in May to consider any written motions submitted by members.

Today, commissioners identified several issues they may want to consider in the future -- whether senators should be paid more than Assembly members because of larger districts, for example, and whether California's prohibition on legislative pension benefits should be taken into consideration in comparing pay to other states.

By Jim Sanders

A California lawmaker was arrested this week for suspicion of drunken driving.

Democratic Assemblyman Roger Hernandez was arrested in the parking lot of the Crowne Plaza Hotel after he failed a field sobriety test and refused to take a breathalyzer test, Concord Police Chief Guy Swanger said.

Officers stopped Hernandez's white Toyota Camry about 2 a.m. Tuesday after they observed the car weaving from side to side in its lane on Concord Avenue, then turn suddenly onto Meridian Park Boulevard without signaling, Swanger said.

Hernandez, a first-term assemblyman who serves as the Democratic Caucus's assistant majority whip, was taken intially to the Concord Police Department for a blood test and later booked at the Contra Costa County jail in Martinez, Swanger said.

The West Covina lawmaker said Thursday that he had been visiting a friend in the Bay Area shortly before the incident occurred. He said he is confident that test results will show he was not drunk.

"After dinner I had a couple of drinks and because of the late hour I decided to stay in the town of Concord," Hernandez said.

Republican Assembly hopeful Andy Pugno kicked off his campaign today with a pledge that could leave him backing his rival over his own candidacy in November.

The Folsom Republican is challenging Assemblywoman Beth Gaines, R-Rocklin, in the 6th Assembly District. Under the state's new top-two primary rules, voters could send both Republicans to the general election.

But voters in the safe GOP district might be spared a second round of a same-party slug fest if that happens. Pugno said today that he would support whichever Republican gets the most votes in the June 5 primary -- even if he secures the No. 2 spot to advance to the runoff. He said he made the pledge because he believes Republicans "should not be beating up on each other in the general election"

"If I came in behind Beth Gaines, I would honor the expression of Republican voters and endorse her campaign and not actively campaign myself," Pugno said in an interview with The Bee today.

Gaines' consultant dismissed the scenario as unlikely given the presence of a Democratic candidate in the three-way race. But he said his candidate wasn't interested in joining Pugno on the issue.

"She pledges to vote for a Republican in November and it's going to be herself," Gaines consultant Dave Gilliard said.

Pugno filed to run for the office earlier this month, but spoke publicly about his plans to run for the Assembly for the first time today. The 2010 Assembly candidate and author and attorney for Proposition 8, California's voter-approved ban on same-sex marriage, told KTKZ (1380 AM) host Eric Hogue that he wants to position himself as a "strong advocate for conservative causes" who would "actually be there out on the frontlines engaging and fighting for us."

He later criticized Gaines as"very passive and totally inaccessible to her constituents" in an interview with The Bee.

Gilliard rejected Pugno's characterization, noting that Gaines has hosted recent town hall meetings in the newly drawn district.

"She's been very accessible," he said "I think it's a non-issue."

Assemblyman Tim Donnelly pleaded no contest today to two misdemeanor gun charges stemming from the discovery of a loaded firearm in his carry-on bag before he boarded a flight for Sacramento.

The Twin Peaks Republican was placed on probation for three years and fined $2,215, said Christopher Lee, spokesman for the San Bernardino County District Attorney's Office.

Donnelly faced charges of illegal possession of a loaded firearm and possession of a prohibited item in a sterile area in connection with the Jan. 4 airport incident involving a loaded .45-caliber firearm.

The two misdemeanors carried maximum jail sentences of one year and six months, respectively. Offenders also could be fined up to $1,000 for each count. Judges are free to impose lighter sentences, however, based on circumstances.

Donnelly was ordered to pay his $2,215 fine in increments of $200 per month, starting May 1, Lee said.

The assemblyman's gun and ammunition will be destroyed by law enforcement, and Donnelly was ordered not to use, possess or own a firearm not registered to him, Lee said.

Rod Pacheco, Donnelly's attorney, characterized the plea agreement as a fair resolution of a case in which the assemblyman immediately and consistently accepted responsibility

"This has been an incredible distraction for him," Pacheco said.

"He wasn't trying to sneak it in," Pacheco said of the gun. "He put the bag in the scanner, for god sakes. He obviously wasn't trying to sneak something through the scanner. You can't get a metal toothpick through the scanner, let alone a handgun."

Donnelly called the incident a regrettable but "innocent and honest mistake."

"My family and look forward to putting this behind us," he said in a written statement. "Many have sent words of encouragement throughout this time, and we are truly grateful. I am excited to move forward to continue representing the people and values of our district."

Federal Transportation Security Administration officials described Donnelly's gun as a .45-caliber Colt Mark IV. It had four rounds in its magazine and a spare magazine with five rounds, TSA officials said.

Assemblyman Tim Donnelly is seeking a plea deal on misdemeanor charges stemming from the discovery of a loaded firearm in his hand-carry luggage by screeners at Ontario International Airport.

"Tim has taken responsibility for it, so this isn't like we're going to have a trial or anything, to be candid with you," said Rod Pacheco, a former legislator and Riverside County district attorney who is Donnelly's attorney.

The Twin Peaks Republican, through Pacheco, pleaded not guilty to the charges at arraignment Feb. 24.

Pacheco said he met with prosecutors today, and has talked with them in the past, to explain threats made against Donnelly and other mitigating circumstances that should be considered in resolving the case.

"The justice system needs to mete out justice in a fair manner, taking into consideration various circumstances," Pacheco said, declining to comment on what he felt would be a fair disposition.

The case of a committed public servant bringing a gun to an airport by mistake is quite different than that of a gang member trying to sneak a weapon through airport security, Pacheco said.

Officials from the San Bernardino County District Attorney's Office declined comment today.

An Assembly budget subcommittee voted unanimously Wednesday to block expansion of a statewide court case management system that has become the focal point of a months-long political war between the state's judicial leadership and some rebel judges.

The latter -- backed by the politically powerful Service Employees International Union -- have complained that millions of dollars are being wasted on the computer system while local courts are being compelled to curtail their operations and lay off employees as state financing of courts is reduced.

The budget subcommittee's action bolsters the Assembly's position in a conflict with the state Senate over court management. The Assembly has passed legislation, Assembly Bill 1208, that the rebel Alliance of California Judges sponsored to give local judges more power over distribution of operational funds.

Chief Justice Tani Cantil-Sakauye, who chairs the state Judicial Council and heads the Administrative Office of the Courts, has publicly complained that the legislation violates judicial independence, and Senate President Pro Tem Darrell Steinberg has declared that the bill will be held in his house without a vote.

Steinberg, however, is under pressure from the SEIU, which represents court employees facing layoffs and is a major source of campaign money for Democrats. Wednesday's action makes the computer system financing a potential bargaining chip in the inter-Capitol maneuvering over the legislation.

The subcommittee's action came after the Legislature's budget analyst and the state auditor delivered reports that strengthened the critics' positions.

So far, legislators were told, the Administrative Office of the Courts has spent $556.5 million on the system but it's been deployed in only a few counties. Even so, Auditor Elaine Howle pointed out, the AOC certified that the system is complete, thereby triggering a limited warranty period from the contractor that could leave the state holding the financial bag if problems crop up later.

Judges themselves are divided over the efficacy of the system, some professing that it lightens their workloads, while others saying it is unusable. In recent weeks, the chief justice and her allies have backed off their previous intent to install it in every county and indicated that they'd give local judges more leeway.

Democratic Assemblyman Ben Hueso signaled today that he is dropping his effort to strip Fish and Game Commission President Dan Richards of his appointment.

Richards came under fire from animal rights groups and Democratic lawmakers after a photo featured in a hunting publication that showed him posing with a mountain lion he shot in Idaho began circulating online. Unlike in California, where voters banned killing mountain lions in 1990, Idaho allows the hunting of the animal.

Critics say his actions, while not illegal, raise doubts about his ability to lead the commission. Hunting groups and Republican lawmakers have come to the defense of Richards.

Hueso, a Democrat of San Diego, drafted a resolution to oust the former Gov. Arnold Schwarzenegger appointee after Richards dismissed calls to step down. But the fate of the resolution, which required a majority vote in both houses, was uncertain after Senate President Pro Tem Darrell Steinberg signaled he wasn't interested in taking it up in the upper house.

In a letter to Gov. Jerry Brown, Hueso and Assembly Speaker John A. Pérez said they have decided to work on crafting legislation to "improve the standards and practices of the California Fish and Game Commission," including a revised conflict-of-interest code for commissioners. The lawmakers urged the Democratic governor to begin his search for a "suitable replacement who can step in and serve as soon as" Richards' term end in January 2013.

The San Jose Mercury News, meanwhile, reported that the commission could act in May to remove Richards as president of the panel.

DFG Letter

PHOTO CREDIT: Dan Richards. The Press-Enterprise/David Bauman

Republican Andrew Pugno, who wrote and served as legal counsel to California's 2008 proposition to ban gay marriage, is laying the groundwork for a possible challenge to Republican Assemblywoman Beth Gaines.

The Folsom attorney, who lost an Assembly bid in 2010, filed a statement of intention to run for the 6th Assembly District on Tuesday, according to the Secretary of State. The move allows potential candidates to open a campaign finance committee.

At least two voters in the district also received a call from a polling firm Tuesday night that asked questions about possible ballot designations and a Pugno-Gaines match up. The owner of Lawrence Research, which one voter said was identified as the polling outfit, declined to comment, citing client confidentiality policies.

Pugno, who has not responded to messages seeking comment on his plans, faces a Friday filing deadline to decide whether to enter the race. Because the period for filing nomination signatures in lieu of a filing fee has passed, he would have to pay a filing fee of roughly $953.

Despite early fundraising success fueled by Proposition 8 supporters, Pugno lost a 2010 race for the top-targeted 5th Assembly District to Democrat Richard Pan, 49 percent to 46 percent. The suburban Sacramento Assembly seat. which had a slight voter registration advantage for Republicans at the time of the election, had been in GOP hands for more than two decades.

Republicans hold a 20-point voter registration in the newly drawn 6th Assembly District, which includes parts of El Dorado, Placer and Sacramento counties. Gaines, who was elected to the Assembly in a 2011 special contest held to fill a vacancy created by her husband's election to the state Senate, had raised about $31,000 for her re-election bid as of the end of 2011. Republican Linda Park and Lincoln Democrat Reginald Bronner have also announced candidacies for the seat.

PHOTO CAPTION: Republican candidate Andrew Pugno talks with supporters while awaiting election returns on June 8, 2010. Randy Allen / Sacramento Bee file, 2010

In a hearing that included testimony from children as young as 6 years old, an Assembly budget panel on Wednesday rejected Gov. Jerry Brown's welfare-to-work cuts.

The Assembly's health and human services budget subcommittee voted 3-1 along party lines against cutting grant levels and eliminating adults after 24 months, instead of 48, if they cannot find work. Brown had counted on CalWORKs cuts to save $946 million to help close a deficit he estimates at $9.2 billion.

The state has reduced welfare benefits since the recession, such as shrinking the adult time limit from 60 months to 48 months and cutting maximum grants by 8 percent last year. Brown this year proposed restructuring CalWORKs to spend more on benefits for people who find work and less on those who cannot.

Welfare advocates testified Wednesday that Brown's plan would harm families because many recipients have tried and failed to find jobs in the current economy.

The panel instead agreed to find other ways to save and wait to see what the state's revenue picture looks like after tax dollars come in March and April. Though lawmakers likely won't take substantive floor action on the state budget until June, Wednesday's action marked the first significant legislative rejection of Brown's plan since he introduced it in January.

The only Brown items the panel agreed to Wednesday come with a higher immediate state cost rather than general fund savings. Democrats argue that the changes create more incentives for people to work and reduce dependence on the program in the long run. Lawmakers agreed to ignore $225 in monthly income - rather than $112 - when determining whether someone is eligible to receive welfare benefits, which would cost the state about $90 million.

They also agreed to provide a $50 monthly work bonus to non-CalWORKs families receiving food stamp benefits or state subsidized child care starting in July 2013. That change is largely intended to count more people toward meeting federal work requirements and avoid penalties, though it would cost the state $126 million annually in future years.

Assemblyman Tim Donnelly has been charged with two misdemeanors for bringing a briefcase containing a loaded .45-caliber firearm into Ontario International Airport last month.

The 45-year-old Twin Peaks Republican was charged Friday with illegal possession of a loaded firearm and possession of a prohibited item in a sterile area.

The two counts against Donnelly carry maximum jail sentences of one year and six months, respectively, although judges are free to impose lighter sentences based on circumstances. Each also carries a potential $1,000 fine.

The San Bernardino County District Attorney's office announced the filing of charges nearly eight weeks after Donnelly's Colt Mark IV was discovered by security screeners as he prepared to board a flight to Sacramento for the Assembly's first session of the year.

Donnelly responded Friday by calling the incident an "innocent mistake for which I have taken responsibility." He complimented law enforcement officials and said he has been candid about the matter publicly, serves his district proudly, and regrets any inconvenience he caused.

"I look forward to moving beyond this incident by continuing to focus on getting Californians back to work and getting our economy back on track," Donnelly said in a written statement.

Donnelly will remain eligible to serve in the Assembly, regardless whether he is convicted of the misdemeanor offenses. Assembly rules cut off pay for members only if they are convicted of a felony.

The second-year lawmaker, who was cited and released at the airport Jan. 4, characterized the incident shortly after it happened as a simple error in which he forgot that he had placed the weapon in his briefcase days prior.

Donnelly said that he tended to arm himself because of death threats received after he launched a referendum campaign - ultimately unsuccessful - to overturn the Dream Act, a new law permitting undocumented immigrants to qualify for state-funded college aid.

Donnelly said the chain of events that led to the citation at the airport began three days prior, a Saturday. He was working in his garage and his wife came home, so he stuck the gun in his bag nearby, he said. He later forgot to retrieve it, even after entering Ontario Airport, he said.

Donelly's gun had four rounds in its magazine, and a spare magazine contained five founds, according to Nico Melendez of the federal Transportation Security Administration (TSA).

The charges filed against Donnelly confirm TSA's contention that he did not own a permit to carry a concealed weapon.

Airline passengers legally can transport firearms via airline flights, but the weapons must be unloaded and contained in a proper carrying case that is checked into the baggage department, not a carry-on, Melendez said at the time.

Sacramento County Sheriff's Capt. Doug Lee, who oversees policing of Sacramento International Airport, said that a law-abiding citizen who carries a loaded firearm to an airport X-ray machine typically is charged with misdemeanor crime.

Extenuating circumstances could make the offense a felony -- for example, if the suspect belonged to a gang, had a felony record or was not the registered owner of the firearm, Lee said.

Donnelly is scheduled to appear March 15 in Rancho Cucamonga Superior Court, said Christopher Lee, spokesman for the San Bernardino County District Attorney's Office.

Separate from any criminal prosecution, a fine of up to $10,000 can be levied by the Transportation Security Administration when guns are confiscated, Melendez said last month.

Asked Thursday whether Donnelly had been fined, TSA officials said they do not disclose information about specific individuals. The average civil penalty for bringing a gun to an airport checkpoint is $3,000, they said.

* Updated at 12:30 p.m. to add Donnelly's response to the filing of charges. Updated at 1:08 p.m. to add the maximum penalties for each charge. Updated at 2:55 p.m. to add court date.

Assemblywoman Shannon Grove's proposal to ask voters to cut the Legislature to part time hasn't gotten much love from her colleagues under the dome.

The Bakersfield Republican characterized the reactions and talked about how her own experiences since being elected in 2010 have shaped her views on the issue in an interview with The Bee's Capitol Bureau.

In the videos below, Watch Grove, who filed a constitutional amendment to have the Legislature meet just three months a year, and People's Advocate's Ted Costa, address those issues, as well as criticism that a part-time Legislature would not attract quality candidates.

Jim Sanders has more from the interview at this link.

Assemblywoman Cathleen Galgiani is proposing legislation that would require California taxpayers to pick up the tab for a gruesome multicounty search for victims of the "Speed Freak Killers."

Searches have been under way in Calaveras and San Joaquin counties. The tab in the latter hit $90,000 last Friday, said Galgiani, whose bill also will seek reimbursement for any DNA testing done.

At separate San Andreas sites, bone or other remnants have been found of victims Cyndi Vanderheiden, 25, who disappeared in 1998, and of Chevelle "Chevy" Wheeler, 16, who was reported missing in 1985.

Officials also have uncovered hundreds of human bones at one San Joaquin County well site and have been told of two other well locations by convicted killer Wesley Shermantine of the "Speed Freak Killers."

Shermantine and his partner, Loren Herzog, are suspected of serial murders in decades past.

Shermantine, who remains on death row, was convicted of four murders. Herzog was found guilty of three killings, but his conviction was overturned on appeal and he later pleaded guilty to involuntary manslaughter. Paroled last year, Herzog hanged himself inside his trailer last month.

"Certainly no one could have anticipated this happening," said Galgiani, D-Livingston, said of the wide-ranging search for bodies.

The tab is particularly onerous to Calaveras and San Joaquin counties because it comes at a time when California's economy has been weak, said Galgiani, who said total costs could reach $500,000.

State taxpayers have an interest in the case because nobody yet knows how many murder victims there are, where their families are located, or how many counties will be affected, Galgiani said.

Elected to serve portions of San Joaquin County, Galgiani said she will amend an existing bill in the Senate to contain the reimbursement language. She has not yet finished crafting the measure, she said.

PHOTO CREDIT: San Joaquin Sheriff detectives Paul Hoskins, left, and Lindsay Smith sift on Feb. 12 for remains excavated from the abandoned well in the background that is believed to be a burial site of "Speed Freak Killers" Wesley Shermantine and Loren Herzog. Craig Sanders / The (Stockton) Record.

Backers of a proposed constitutional amendment to reduce the Legislature to part time say they hope to raise $2.6 million for the effort, but records show that contributions have been few and relatively small in the campaign's first few weeks.

Assemblyman Shannon Grove, in a meeting today with The Bee Capitol Bureau, said that even Republican legislative colleagues have been reluctant to help finance the measure thus far.

"No one has stepped forward yet," Grove, R-Bakersfield, said of GOP legislators.

Of $85,000 in contributions reported to the secretary of state, Grove's Assembly campaign committee has been the single largest donor, $30,000. Seven other donations have been reported, ranging from $5,000 to $20,000, records show.

Asked if she expected a wealthy activist with deep pockets to bankroll the campaign, Grove smiled.

"I wouldn't turn it down if they decided to show up," she said.

Taking the gloves off, opponents of a proposal to convert the Legislature to part time took a personal shot today at the measure's sponsor - urging Assemblywoman Shannon Grove to voluntarily reduce her own salary and per diem payments.

"I'd respectfully suggest that (Grove) would be a lot more credible on this issue if she would practice what she preaches," former Democratic Assemblyman Dario Frommer, now leading opposition to Grove's proposal, said in a written statement.

Grove, a Republican from Bakersfield, must collect 807,615 valid voter signatures to qualify her constitutional amendment to have the Legislature meet for only three months per year, rather than nine, for the November statewide ballot.

The measure also would cut lawmakers' annual pay from $95,000 to $18,000, require legislators to adopt two-year state budgets and bar officeholders from accepting state employment or appointment to a state post while serving in the Capitol or for five years afterward.

In a four-minute video released last week, Grove asked voters to help her "take back this great state." Some new laws passed by the Legislature are outrageous - such as regulating shark fins -- and a part-time Legislature would "reduce the damage" it causes to the state, she said.

Since Grove feels that lawmakers should be paid only $1,500 per month, she should lead by example and cut her own $95,291 salary, according to Frommer, of Los Angeles, who also suggested that she turn down $142 per diem payments for the six months that she seeks to slice from the Legislature's annual session.

Grove and partner Ted Costa of People's Advocate are scheduled to be interviewed by The Bee's Capitol Bureau at 11 a.m. today. Readers are welcome to submit questions on the Capitol Alert Facebook page.

The California Legislature conducted its second "per diem session" of the year Friday, with both legislative houses meeting briefly, thereby allowing their members to leave town for a three-day holiday weekend without losing their $141.86 per day, tax-free expense payments.

Had the Legislature not met Friday and observed Monday's Presidents' Day holiday, lawmakers would have lost the payments for four days, totaling nearly $70,000.

The Senate met for about 20 minutes, doing little more than ceremonial events. The Assembly devoted its session, about 45 minutes, mostly to a resolution marking the 70th anniversary of the 1942 presidential order, issued in the aftermath of the Pearl Harbor attack, that citizens and residents of Japanese ancestry, many of them in California, be rounded up and placed in internment camps.

The per diem payments, averaging more than $25,000 per year per legislator on top of their salaries, are supposed to compensate legislators for housing and meals in Sacramento. The state constitution says that the payments continue seven days a week, as long as the Legislature is not out of session for more than three consecutive days.

The Legislature's long-standing practice is to meet from Monday to Thursday - the latter having been dubbed "getaway day" -- unless there's a crunch of business, but when there's a Monday holiday, it routinely has brief sessions on Fridays to avoid violating the three-day rule.

In effect, it's a four-day weekend because members are off duty from Friday morning until Tuesday. A few members, however, don't accept the per diem payments.

California legislators would be required to post their office budgets and monthly office expenditures online under legislation proposed this week by a Republican assemblywoman.

Modesto Republican Kristin Olsen said her bill is needed because the Legislature often does not hold itself to the same standards of openness and transparency that it requires of other government agencies.

The Assembly lost a court fight last year after withholding office budgets as confidential documents. A Sacramento Superior Court judge ruled that member-by-member budgets are public records and ordered them released.

Olsen's Assembly Bill 1730 would require the office budgets posted online to include all allocations and expenditures, including caucus supplements, travel expenses, office rent and staff salaries.

AB 1730 does not mention committee budgets, which often are used by Assembly members to help pay salaries of personal aides. Olsen plans to amend the bill to include committee expenditures, spokeswoman Jennifer Gibbons said.

Making a personal pitch for donations and help, Assemblywoman Shannon Grove has posted an online video designed to bolster her campaign to switch California's Legislature to a part-time body.

"Help me take back this great state," the Bakersfield Republican concludes in the four-minute video produced by Tea Party United.

"Last year, Sacramento politicians regulated or legislated font size, shark fins, state rocks - it's just outrageous what they spend their time on. ... We need to reduce the damage that legislators impact on our state," Grove said.

Opponents claim that a part-time Legislature would discourage many good candidates from running, would increase reliance upon lobbyists, and would lead to a more corrupt Legislature, with many lawmakers having outside jobs that conflict with issues at the Capitol.

Grove and Ted Costa, of People's Advocate, recently received the state's green light to begin gathering the 807,615 valid voter signatures needed to place their constitutional amendment before voters in November.

The measure calls for the Legislature to meet for three months each year, rather than nine, and for lawmakers' annual pay to be cut from $95,000 to $18,000.

The proposal also would require legislators to adopt two-year state budgets and would bar officeholders for accepting state employment or appointment to a state post while serving in the Capitol or for five years afterward.

RELATED LINK: See The Bee's op-ed page today for a head-to-head debate on the issue between Pia Lopez and Ben Boychuk.

Fresh off a double-digit loss in his Los Angeles City Council bid, Assemblyman Warren Furutani has decided not to run for re-election this year.

The 64-year-old Gardena Democrat told the Daily Breeze that he won't seek a third and final term in the lower house.

"I felt that my run for the City Council needed to be an all-in situation by sending a clear message that I was in it to win it and not hedging my bet with the Assembly as my fall-back," Furutani told The Breeze.

Furutani lost a special election bid a vacant city council race to police Officer Joe Buscaino by 21 points last month. Under the state's new political maps, he would have to face fellow Democratic Assemblyman Isadore Hall of Compton in the 64th Assembly District.

He told The Breeze, "Isadore is an up-and-coming leader in the community, and so I have decided to support him."

Read the full Breeze story at this link.

PHOTO CREDIT: Assembly member Warren Furutani casts his first vote on the floor of the Assembly after he was is sworn in, Thursday, Feb. 7, 2008. Brian Baer, Sacramento Bee.

Assemblyman Mike Feuer made his candidacy for Los Angeles City Attorney official today.

The Los Angeles Democrat, who is termed out of the Assembly this year, issued a campaign announcement today pledging to "do all I can to bring energy, vision and integrity to the job."

"I'm running to become Los Angeles's next City Attorney because the people of L.A. deserve secure neighborhoods, innovative solutions to our toughest problems, and a city government that inspires confidence and trust," he said in a statement.

Feuer, who had filed papers for a possible run last September, said he has already raised more than $345,000 for his campaign. The election will be held in March 2013.

The California Assembly spent nearly $200,000 in legal fees fighting against disclosure of member-by-member budgets that allocate tens of millions in public funds, records show.

Assembly administrator Jon Waldie said the sum does not include hundreds of hours, perhaps more than a thousand hours, consumed by Capitol employees in gathering records ultimately ordered released by a Sacramento court.

Sacramento Superior Court Judge Timothy Frawley ruled against the Assembly in December, four months after the public-records suit was filed by The Bee and Los Angeles Times.

The Assembly paid up to $300 per hour for services rendered by the Remcho, Johansen & Pursell law firm, records show.

The Assembly paid $123,945 in legal fees to fight the suit and -- because it lost -- the 80-member house was ordered by Frawley to pick up the $73,707 tab for The Bee and Los Angeles Times as well.

Waldie said the issue needed court adjudication. The Assembly had argued that member budgets were preliminary documents, were private correspondence, and contained personnel information.

Frawley ruled that the "strong public interest in disclosure outweighs any reason for keeping the records secret."

Robin Swanson, spokeswoman for Assembly Speaker John A. Perez, said that the Assembly's practice had been to release audited annual budget information for 35 years prior to 2011. Expenditure reports were released 12 months after the end of a legislative year.

"Speaker Perez accelerated that process even before the court decision by posting current expenditures online," Swanson said. "Once the court determined that all budget documents, even projections, should be released, the Speaker's Office did not appeal the decision and worked quickly to comply."

* Updated at 1:40 p.m. to include statement from Robin Swanson, spokeswoman for John A. Perez.

A Democratic political strategist and a former Democratic assemblyman will help lead opposition to a proposed ballot initiative that would reduce California's Legislature to part-time.

Political consultant Steve Maviglio, former spokesman for Assembly Speaker Fabian Núñez, said today that he has joined forces with Burbank attorney Dario Frommer, a former Assembly majority leader. Fundraising has not yet begun, Maviglio said.

The group will butt heads with Assemblywoman Shannon Grove, R-Bakersfield, and with Ted Costa, the head of a political watchdog group, over the duo's proposed constitutional amendment.

The secretary of state's office gave the green light Monday for proponents of the proposal to begin collecting the 807,615 valid voter signatures needed to qualify for the November ballot.

Backers hope to encourage the election of citizen legislators who have outside sources of income and are not so politically ambitious that they become overly dependent upon powerful special interests.

The measure calls for the nation's most populous state to meet three months per year -- and for lawmakers' pay to be cut from $7,940 per month to $1,500 per month -- or $18,000 annually.

The initiative also would require legislators to adopt a balanced, two-year budget by June 15 of each odd-numbered year -- and to forfeit salary and per diem for each day it is late.

Lawmakers would be barred from accepting state employment or appointment to a state post while serving in the Capitol or for five years afterward.

Maviglio said that a part-time Legislature would discourage many good candidates from running and would lead to a more corrupt Legislature, with many lawmakers having outside jobs that conflict with issues at the Capitol.

"You'd end up with more inexperienced legislators who lack the ability to tackle the state's major challenges," he said.

PHOTO CREDIT: The California state Capitol in Sacramento, Thursday, Dec. 25, 2008. Michael Allen Jones / Sacramento Bee file photo

The state Legislature has taken a loss of more than $1 million on the sale of dozens of cars it had purchased for legislators over the years.

As today's Bee reports, the Assembly and the Senate have sold 64 vehicles that were part of a now-defunct legislative car program. Instead of paying subsidized leases on a state-purchased car of their choosing, lawmakers now receive a monthly stipend to cover costs related to driving on the job.

Spreadsheets detailing the purchase and sale prices of cars assigned to members of the Assembly and the Senate are posted below (click on the Senate tab to see the upper house data). Click here to view the sheets in a new window.

The Senate also sold a 2006 Ford Crown Vic that had been assigned to special services detail for $6,500, replacing it with the 2007 Toyota Highlander Hybrid purchased for Sen. Sharon Runner, R-Lancaster. That car had been purchased for $15,050 in 2007. Sen. Tom Berryhill exchanged the 2005 Jeep Grand Cherokee he had been driving previously for the recently sold Lexus, which was an unused car in the fleet, earlier this year. The purchase price for the Lexus, which had been used by at least one other member previously, was not available at the time of publication.

RELATED STORIES:

California lawmakers say goodbye to their state-purchased cars

Editor's note: This post has been updated to note which Senate vehicles were purchased used. Some of those cars were transferred from the Assembly or other members.

Constituents are pitching in to make Assemblywoman Linda Halderman and her staff members feel right at home in the Capitol's doghouse.

The Fresno Republican has renamed her shoebox-sized office the Bulldog House in honor of the four-legged Fresno State mascot.

Supporters have contributed decorations and bulldog memorabilia to convert her cramped 391-square-foot digs into a colorful conversation piece. Giant paw prints lead from the hallway to her office. A bulldog caricature adorns her outer door. A bullseye target hangs from her inner door, which is framed to look like a doghouse.

Halderman, a conservative politician and a medical surgeon by profession, said she has no idea why Assembly Speaker John A. Pérez chose her for the tiny accommodations.

And the Los Angeles Democrat has not elaborated, she said.

"I think logic is really unlikely in the Capitol," she said. "I just figure things are random or arbitrary, and we don't really need to know."

Now that she's unpacked, however, Halderman plans to stay a while.

No bark, no bite, no complaint. "They'll have to drag me out of that office kicking and screaming," she said.

PHOTO CREDIT: Assemblywoman Linda Halderman, the Fresno Republican occupying the "doghouse" office at the Capitol this year, is maximizing the photo-op possibilities of the position. Feb. 1, 2012, Jim Sanders / Sacramento Bee

The Assembly rejected legislation today that would have required independent expenditure comittees to provide more disclosure of their contributors in backing candidates or ballot measures.

Assembly Bill 1148 fell two votes short of the two-thirds supermajority required for passage. Every Democrat but Cathleen Galgiani of Livingston supported it, and every Republican but Nathan Fletcher of San Diego opposed it or did not vote. The final tally was 52-26.

Democrats touted the measure as a way to ease voter cynicism by providing greater disclosure by independent committees, which can spend unlimited sums to support candidates or ballot measures.

Republicans countered that the bill would restrict freedom of speech. What the state needs instead are less restrictive candidate contribution limits, so that donors could give whatever sums they desire to candidate-controlled committees and there would be less incentive to create independent committees, GOP lawmakers said.

One day after turning thumbs down, the Assembly today passed legislation that would ask voters to alter California's "three strikes" criminal sentencing law.

Assembly Bill 327, approved by a vote of 41-33, now goes to the Senate.

Assemblyman Mike Davis, D-Los Angeles, sought the re-vote after his measure lacked five votes for passage Monday, when 10 members either were absent or opted not to cast a vote.

"We have the opportunity not only to be tough on crime but to be smart on crime," Davis said in floor debate today.

But Assemblyman Jim Nielsen, R-Gerber, countered that passing AB 327 would amount to "trivializing violent criminal acts."

AB 327 would ask voters to require that a third strike be a serious or violent felony before an offender could be sentenced to a 25-to-life prison term under California's three strikes law.

Legislation to create a tiered sex-offender registration system designed to focus attention on violent criminals was killed today by the Assembly.

Assembly Bill 625 died by a vote of 19-41. Its author, Assemblyman Tom Ammiano, D-San Francisco, said he will propose a similar measure later this year.

California law currently requires people convicted of various sex offenses to register with the state for life.

AB 625 would have created three tiers of sex registration, with offenders in the first two tiers allowed to drop off into an inactive status after 10 or 20 years, respectively.

The most lenient tier would have applied to sex offenders who did not use violence, did not molest a minor, and maintained a clean record during the 10 years they were on the active registry.

Opponents of the bill claimed that allowing some sex registrants to be placed on an inactive status would weaken current law and make communities less safe.

Hotly contested legislation that split the state's judiciary system over issues of money and power was approved today by the Assembly.

The measure, Assembly Bill 1208, passed by a vote of 41-23.

The bill was pushed by a group of judges called the Alliance of California Judges and was backed by Service Employees International Union, representing courthouse employees.

AB 1208 would shift authority from the state's Judicial Council -- led by Chief Justice Tani Cantil-Sakauye -- to create a more formula-driven funding approach that would give more power to trial courts in setting spending priorities.

The bill by Assemblyman Charles Calderon, D-Whittier, stems from years of budget crisis that have taken a toll on courts, sparking cuts of $350 million during the current budget cycle and nearly $300 in additional cuts over the past five years.

The Assembly passed union-backed legislation today that would allow charter school petitions to be rejected if they negatively affect a school district's finances.

The measure, Assembly Bill 1172, was approved by the bare minimum number of votes required, 41-27. No Republicans supported the bill by Assemblyman Tony Mendoza, D-Artesia.

Supporters, including the California Teachers Association, contend that the bill is needed to help schools avoid fiscal insolvency, according to an Assembly analysis of AB 1172.

Opponents argue that the bill is too broadly written and that most school districts could claim a negative financial impact under it, the analysis said.

AB 1172 now goes to the Senate.

Democratic legislative leaders sued Controller John Chiang today for blocking their pay during last year's budget dispute, a decision that drew scorn from lawmakers last summer.

Senate President Pro Tem Darrell Steinberg and Assembly Speaker John A. Pérez said the Democratic controller overstepped his bounds when he decided that lawmakers sent Gov. Jerry Brown a flawed budget last June and docked their pay. They said they are not suing for back earnings, but to ask the court whether Chiang can intervene this year if lawmakers face another budget dispute with Brown at the June 15 deadline.

The lawmakers filed in Sacramento Superior Court, hiring Arthur G. Scotland, retired presiding justice of the 3rd District Court of Appeal, as well as the Los Angeles firm Strumwasser & Woocher. The Legislature's operating budget, financed by tax dollars, will pay for legal costs. Billing rates range from $435 per hour for the two lead attorneys to $130 per hour for a paralegal, according to the leaders' offices.

Chiang said his own party's lawmakers failed to balance the budget largely because their plan underfunded schools by $1.3 billion according to his interpretation of the state constitution. He also said they failed to pass all of the bills necessary to carry out a balanced budget. Chiang's decision came after Brown vetoed the first budget lawmakers sent him at the deadline.

Under a 2010 voter-approved law, lawmakers lose their pay and tax-free expense money if they do not send the governor a balanced budget by the June 15 deadline. Democrats added that provision as a sweetener in Proposition 25, the main thrust of which was reducing the budget vote threshold to a majority, rather than two-thirds. The controller believes he has discretion to determine what counts as a balanced budget under the initiative.

Steinberg and Pérez believe the controller has no role under Proposition 25 to determine the validity of the Legislature's budget. Scotland said today the controller illegally interfered with the Legislature's powers of appropriation.

Aside from veto powers, Steinberg said "neither the governor nor any member of the executive branch may brandish the threat of withholding legislative pay because they disagree with the decisions made by the legislative branch."

Brown and lawmakers ultimately reached agreement on June 27, costing most lawmakers about $4,830 each, equal to 12 days' worth of pay and expense money. The state saved a total of $583,200 in foregone legislative pay.

Mindful of public acrimony against the Legislature, the two leaders emphasized Tuesday that they were not asking for back pay. "Let me be clear from the outset, both the pro tem and I have waived our claims for renumeration should this lawsuit succeed," Pérez said. "This is fundamentally an issue of separation of powers."

Chiang said Tuesday in a statement that he welcomed the court's review. But he also used the words of fellow executive branch members as a retort to lawmakers.

"It is noteworthy to point out that the Legislature's budget proposal was not only vetoed by the Governor for not being a 'balanced solution,' but it was determined by the Treasurer to not be financeable, and would have, within months of its passage, led to the issuance of IOUs," the controller said.

Chiang's move gave Brown leverage in budget negotiations, as the controller essentially suggested that Brown could block legislative pay with his veto pen. Lawmakers have seethed ever since. If their lawsuit succeeds, they would not only have greater pay protection this year, but also greater leverage. Brown has asked lawmakers to pass significant cuts to health and welfare programs and to put school funding at risk if voters reject his tax plan.

A Democratic candidate for the 18th Assembly District is facing a potential second brush with the law stemming from allegations of violence.

The Oakland Tribune reports that Joel Young, who was accused last year of domestic violence following a dispute with his former girlfriend, is now under investigation for allegedly threatening an Oakland City Council staffer at a Jan. 14 event.

(Jason) Overman, an aide to Councilmember Rebecca Kaplan, filed a police report Friday -- disputed by Young and his girlfriend -- stating that when he greeted Young during the event, Young told him, "Walk away before I beat your (expletive) (expletive), you piece of (expletive)."

Overman, 27, told police that Young, a 34-year-old attorney and former Cal football player, asked him to step outside and then put his face inches from Overman's and said, "You just wait until my campaign is over. I'm going to find you and beat your (expletive) (expletive), you (expletive)."

Young then "made a gurgling sound" and spat in Overman's eye before leaving the bar, according to Overman's account to police.

Young, who had not yet been contacted by authorities Monday, said he had a brief conversation that night with Overman, but denied making any threats. "None of that is true," Young said. "If I wasn't a candidate for the Assembly, I doubt Jason would be doing this."

Young is one of several Democrats expected to run for the vacant East Bay Assembly seat. His current girlfriend, who also attended the event, defended his account, saying Overman was jealous about their relationship, according to the Tribune.

Read the full story at this link.

Former Assembly Speaker Fabian Núñez will serve as a political analyst during this presidential election year for Univision Communications, a major national Spanish-language media firm.

The Los Angeles Democrat will participate with other analysts in roundtable discussions and provide commentary on the election season, presidential candidates and major political issues, according to a written statement on the company's website.

Besides assisting with election coverage, Núñez and other analysts will appear on the network's evening newscast, "Noticiero Univision"; a Sunday public affairs program, "Al Punto"; and on a morning program, "Despierta America."

Núñez led the Assembly from 2004 to 2008, when he was termed out of the lower house. He currently serves as a partner in Mercury Public Affairs -- a high-powered political consulting firm -- and he will continue to do so during his stint as an analyst, colleague Adam Mendelsohn said.

Univision's statement can be read here.

PHOTO CREDIT: Former Assembly Speaker Fabian Núñez, 2007. Associated Press/ Rich Pedroncelli.

Assemblyman Anthony Portantino, perhaps best known for pushing the Assembly to release member budgets after leaders threatened to furlough his staff last year, has decided not to run for state or federal office this year.

"I hope you understand that this decision in no way ends my political career," Portantino said in a written announcement Wednesday night.

"Placing it on 'hold' allows me to focus on my family while they need me. I will continue to work to put trust and accountability back into public service, now and in the future."

The D-La Cañada-Flintridge Democrat, who is termed out of the Assembly in December, has about $46,000 in a campaign finance committee named "Portantino For Senate 2016."

Gov. Jerry Brown wants the green light to move forward with construction of California's proposed bullet train.

The Democratic governor called on the Legislature to approve funding for the high-speed rail project today, telling lawmakers in his State of the State address that a revised business plan that will allow construction on the project to start by the end of the year will be released within weeks.

Despite ongoing criticisms about the cost and blueprint for the voter-approved rail project, Democratic legislative leaders appear poised to back the governor's commitment to the bullet train.

See why Assembly Speaker John A. Pérez and Senate President Pro Tem Darrell Steinberg support the project and where they stand on the question of where to start laying the track in this video from their Capitol press conference today.

It looks like Assemblyman Warren Furutani won't be leaving the Legislature this month after all.

The Gardena Democrat was defeated by Los Angeles Police Department officer Joe Buscaino in yesterday's runoff election for a vacant Los Angeles City Council seat by a 22-point margin.

The two Democrats were vying for the 15th Council District seat vacated by Democrat Janice Hahn's 2011 election to Congress.

Furutani, who was first elected to the state Assembly in a 2008 special election, will be termed out of the lower house in 2014. He has been drawn into the same district as fellow Assembly Democrat Isadore Hall for the 2012 election.

PHOTO CREDIT: Assembly member, Warren Furutani, casts his first vote on the floor of the Assembly after he was is sworn in, Thursday, Feb. 7 2008. Furutani won a special election in District 55, to succeed Laura Richardson, who was recently elected to represent the 37th Congressional District. (Sacramento Bee/ MCT/ Brian Baer / BBAER@SACBEE.COM).

Republican legislative leaders rolled out their response to Gov. Jerry Brown's 2012 State of the State address Tuesday, slamming the Democratic governor for telling Californians that the"sky will fall" without higher taxes.

"Today Governor Brown shared his vision for California for the year ahead," Assembly GOP leader Connie Conway says in a video. "Republicans were eager to hear his ideas for the many challenges facing our state. Unfortunately, the governor's vision is centered around one thing: higher taxes."

The only thing is Brown hasn't shared that vision yet.

Legislation to regulate high-interest loans in which borrowers use their vehicles as collateral died this week in the Assembly.

Assemblyman Roger Dickinson, D-Sacramento, said he was disappointed by the Assembly Banking and Finance Committee's rejection of his Assembly Bill 336 but will try again next year.

"(AB 336) would have offered at least some minimal protections to consumers for these loans, which have outrageous interest rates," he said.

Dickinson's bill targeted loans offered at annual interest rates ranging from 72 percent to 180 percent to car owners who have very low credit scores, need quick cash, and have few other options for borrowing money.

Lenders take title to the borrower's car as collateral and typically loan less money than the vehicle is worth. Thus, lenders are left with little financial risk because they benefit whether the borrower pays or the car is repossessed, Dickinson said.

State law does not restrict the interest rates charged on car-title loans of more than $2,.500.

AB 336 would have imposed additional disclosure requirements on lenders, including informing borrowers of total costs over the life of the loan. The bill also would have banned structuring car-title loans as a combination sale and leaseback.

Under Dickinson's measure, lenders would have been barred from making such loans if payments would exceed 50 percent of a borrower's gross monthly income.

Opponents of AB 336 contended that cracking down on car-title loans would leave borrowers with few other options and that high interest rates were necessary, in part, to cover costs of repossessing, handling and selling vehicles when defaults occur.

A bill to require legislative approval before any new peripheral canal could be built to divert water from the Sacramento-San Joaquin Delta to other parts of the state died this week in the California Assembly.

Democratic Assemblywoman Alyson Huber of El Dorado Hills proposed the measure, Assembly Bill 550, which was rejected Tuesday by the Assembly's Water, Parks and Wildlife Committee by a vote of five yes, seven no.

The measure would have barred construction of such a canal if it would impact the Delta or its residents in ways ranging from imposing a financial burden to negatively affecting water rights, quality or supply.

Huber said Friday she will not try to revive AB 550 this year, but she will continue to push a provision calling for an independent analysis of financial feasibility prior to construction of any canal.

The Legislature, as part of a package of water legislation in 2009, created a Delta stewardship to develop a plan for long-term water supply and Delta protection. Four of its seven voting members are appointed by the governor.

Water exporters, business interests and Southern California officials have long supported construction of a new water canal to help stabilize California water supplies.

Huber contends that the stewardship council is moving toward approving such a project and that lawmakers, not appointees, should make the decision on "one of the largest infrastructure projects in California history."

"Ultimately my view lost," she said.

Tackling California's water problems pits powerful interests against each other, sparking political headaches.

"Ultimately, I think that the Legislature is afraid to be involved in decisions involving water," Huber said.

Two Republicans on the Assembly water committee opposed Huber's bill, along with five Democrats, including four from Southern California.

Assemblywoman Linda Halderman, a Fresno Republican who voted against AB 550, said that the Legislature should not renege on the commitment it made in 2009 to form the stewardship council.

"I don't believe in breaking promises," Halderman said Friday.

"In my view, once we start down that road, we create a body that's guaranteed to be dysfunctional," she said.

Assemblywoman Linda Halderman already is in the "doghouse," less than two weeks after the new legislative year began.

The 43-year-old Fresno Republican and medical surgeon was chosen by Assembly Speaker John A. Pérez to replace GOP colleague Beth Gaines of Roseville in the shoebox-size Capitol office known as the doghouse.

Halderman declined substantive comment Friday, but said with a smile that the tiny office suits her fine and offers a nice view.

Though not always used as punishment, the cramped fifth-floor office attracted the nickname "doghouse" because Assembly speakers through the years have tended to assign it to lawmakers who angered them.

Pérez's office did not comment on why Halderman was assigned to the 391-square-foot office, which is 135 square feet smaller than the next smallest Assembly office and about 300 square feet less than the norm.

Pérez spokesman John Vigna said only that speakers shift member office assignments every year.

Halderman is known as one of the most conservative lawmakers in an Assembly dominated by liberal Democrats.

Privately, colleagues say that Halderman also raised eyebrows last year by joining in a failed behind-the-scenes effort to prod Connie Conway to step down as Assembly Republican leader. Halderman characterized such reports Friday as rumors.

The California Legislature conducted its first "per diem session" of the year Friday -- brief meetings of both legislative houses that allowed their members to take off a three-day holiday weekend without losing their $141.86 per day, tax-free expense payments.

Had the Legislature not met Friday -- the Senate for less than 30 minutes, the Assembly for slightly over an hour -- and observed Monday's Martin Luther King Jr. Day, members would have lost the payments for four days, totaling nearly $70,000.

The per diem payments average more than $25,000 per year per legislator on top of their salaries, although a few members don't take the money. Per diem is supposed to compensate legislators for housing and meals in Sacramento. The state constitution says that the payments continue seven days a week, as long as the Legislature is not out of session for more than three consecutive days.

The Legislature's long-standing practice is to meet from Monday to Thursday - the latter having been dubbed "getaway day" -- unless there's a crunch of business, but when there's a Monday holiday such as MLK Jr. Day, it routinely has brief sessions on Fridays to avoid running afoul of the three-day rule.

Both houses devoted much of their brief meetings to speeches commemorating King, the civil rights leader who was assassinated in 1968.

Although technically it's a three-day holiday, it's more than four days for the Legislature, since it convened at 9 a.m. Friday and won't reconvene in the Capitol until midday Tuesday.

In her first public comment since pleading no contest to misdemeanor shoplifting, Assemblywoman Mary Hayashi apologized today for "unintentionally" taking clothing out of a San Francisco store but shed little light on what sparked the theft.

"I accept responsibility and I offer apologies, not excuses," Hayashi said in a written statement. She declined an interview request.

Shortly after the Castro Valley Democrat's arrest in October on a felony charge of stealing nearly $2,500 in clothing, Sam Singer, Hayashi's spokesman, said she had been inside a Neiman Marcus store and walked out of the store while talking on her cellular phone.

Following Hayashi's no contest plea -- which means no guilt was admitted -- her attorney Doug Rappaport said the legislator's behavior had been affected by a benign brain tumor that is curable, treatable and no longer is affecting her.

Hayashi, in her written statement today, did not address the severity of her tumor, when she was diagnosed, or what effect it had on her behavior.

"There were a number of personal factors that led to the situation where I made this absent-minded error," she said. "My medical condition may have complicated the situation, however, I want to be clear that I take full personal responsibility for my actions."

SAN FRANCISCO -- An attorney for Assemblywoman Mary Hayashi said today that his client suffers from a benign brain tumor that affected her judgment at the time of her shoplifting arrest.

Attorney Douglas Rappaport, who said Hayashi is now receiving treatment for the tumor, said the circumstances justified an agreement with prosecutors to drop felony grand theft charges filed by the San Francisco District Attorney to a misdemeanor.

Hayashi pleaded no contest to the reduced charge today, receiving three years probation and less than $200 in fines for leaving a San Francisco Nieman Marcus store without paying for nearly $2,500 in high-end clothing last October. She must stay more than 50 feet away from the Union Square store for the duration of her probation.

"Fortunately, it is something curable and is treatable. It is being treated and so it no longer is affecting her," said Rappaport, who said she was diagnosed prior to the incident.

The attorney prosecuting the case declined to comment. District Attorney George Gascon signaled earlier that his office would be willing to accept a reduced charge, saying he the totality of circumstances must be considered and that would support the direction of the court.

Hayashi, who has represented an Alameda County Assembly seat for three terms, declined to comment.

SAN FRANCISCO -- Assemblywoman Mary Hayashi, D-Castro Valley, pleaded no contest this afternoon in San Francisco Superior Court to a misdemeanor shoplifting charge.

After the plea, Hayashi declined comment, but her attorney, Doug Rappaport, said she had a brain tumor that affected her judgment the day of the shoplifting.

Hayashi was sentenced to three years of probation and less than $200 in fines. She was told to stay more than 50 feet away from Neiman Marcus, where she was arrested in October, during her probation.

Her plea followed the San Francisco district attorney's signal earlier today that he would be open to the court reducing the felony grand theft charge filed in the shoplifting case against Hayashi to a misdemeanor.

"This is a case that clearly contains the elements, in our opinion, of the crime as a felony, but we also recognize that the defendant in this case is a first-time offender, and I think that also plays a part in the discussion," San Francisco District Attorney George Gascon said after a news conference on an unrelated case.

"If the court decides to go in a different direction, we'll support it," Gascon added.

Rappaport said the tumor affected Hayashi's judgement, but added she is on the mend.

"Unfortunately, she has been diagnosed with a brain tumor," said Rappaport, who said she was diagnosed prior to the incident. "However, fortunately for her, it's benign and it can be taken care of and addressed with medication, which is exactly what happened...Fortunately, it is something curable and is treatable. It is being treated and so it no longer is affecting her."

Complying with a court order, the California Assembly released thousands of pages of documents about its members' expenditures today that it fought against providing to the public.

The documents detail budgets and spending by each of the Assembly's 80 members. The data should enable the public to better determine what portion of committee funds are used for lawmakers' personal staff.

Sacramento Superior Court Judge Timothy Frawley ordered the records to be released in a lawsuit filed by The Bee and Los Angeles Times. Frawley issued a tentative ruling in December, which the Assembly did not contest.

"How the government spends the public's money is an area of profound interest," said attorney Rochelle Wilcox, who represented the newspapers in the fight over interpretation of California's Legislative Open Records Act.

Documents released by the Assembly "provide significant information about Assembly spending of tens of millions of dollars annually," Wilcox said.

Days after he was issued a misdemeanor citation for carrying a loaded firearm into the Ontario airport, Assemblyman Tim Donnelly indicated today that he does not have a permit to carry a concealed weapon.

The question arose Wednesday after the federal Transportation Security Administration said that Donelly's briefcase contained a .45-caliber handgun with four rounds in its magazine, and a spare magazine containing five rounds.

The 45-year-old Twin Peaks Republican said that he had armed himself because of recent death threats, but mistakenly placed the gun in his briefcase last weekend and forgot to retrieve it before going to the Ontario airport for a flight to Sacramento.

Californians with a concealed weapons permit cannot carry a loaded gun onto an airplane. But whether Donnelly had the right to carry a loaded weapon anywhere is a separate question that was not definitely answered Wednesday.

Concealed weapons permits generally have to be obtained in the county or city in which a person lives. Donnelly lives in an unincorporated area in San Bernardino County. Sheriff's officials there said Wednesday that they had not issued him a permit.

Nico Melendez, spokesman for the Transportation Security Administration, said Wednesday that it was his understanding that Donnelly did not possess a concealed weapons permit.

Asked directly today if he had a permit to carry a concealed weapon, Donnelly said only that he felt enough information about the concealed weapons permit issue had been released or published already. Asked if that meant that he did not have such a permit, Donnelly deflected the question.

"It's already been spoken to," Donnelly said. "It's certainly not something that I feel that I need to address. I really don't feel that there's anything more that I want to add to that story. I tried to be very forthcoming and put all the information out there ... so, I'm just going to leave it at that."

Opponents of California's Dream Act have failed in a signature-gathering drive aimed at overturning the new law that will permit some undocumented immigrants to receive publicly funded college aid.

Assemblyman Tim Donnelly informed supporters of the referendum drive through a written statement today that the campaign had fallen short of qualifying for the ballot.

The effort garnered 447,514 signatures, not the required 504,760 valid voter signatures required to place the matter before voters, Donnelly said.

"This is disappointing news, but it is no less of a warning to Governor Brown and every Democrat legislator who voted to create a new entitlement program for illegals while the state still has a budget deficit of over $9 billion, and cannot even meet its obligation to legal California students," he said.

The Dream Act allows undocumented students who came to the country before age 16 and attended California high schools to apply for public financial aid, including Cal Grants. Those students already are eligible for in-state tuition, and Gov. Jerry Brown also signed a companion measure this year affording them access to private financial aid.

"Going to college is a dream that promises intellectual excitement and creating thinking," Brown said in a prepared statement upon signing the contested bill, Assembly Bill 131, in October. "The Dream Act benefits us all by giving top students a chance to improve their lives and the lives of all of us."

Donnelly said the referendum campaign was not in vain because it brought together Californians of every age, race, religion, income and political party to fight "to restore sanity to the Golden State."

"Today only marks the end of one battle in a war to reclaim our voice in our Legislature," Donnelly said. "This one loss will not dampen our resolve."

Democrat Larry Miles is entering the fray in an already crowded race for an open Assembly seat in east Sacramento County.

Miles, an attorney and member of the San Juan Unified School District Board of Education, announced today that he will run for the newly drawn 8th Assembly District. Miles said he decided to run after Assemblywoman Alyson Huber, D-El Dorado Hills, announced that she would not seek re-election to the seat.

The Sacramento Democrat believes his two decades of living in the Arden-Arcade area and the seven years he has spent representing a portion of the new district on the school board will give him an edge with voters in June. He plans to make public education a top issue in his campaign.

"I think that my experience, my background as a mediator, a school board member, as someone who represents small business all come into play," he said in an interview.

Miles ran unsuccessfully in the 2010 Democratic primary for the former 5th Assembly District, losing to now-Assemblyman Richard Pan, D-Sacramento, by about 18 percentage points. He said he believes the ability for Republicans and decline-to-state voters who have supported him for school board to cast a ballot for his primary bid under the top-two primary system will help his campaign this time around.

A roughly two-point registration advantage for Democrats is expected to make the seat a top target next year.

The race has already attracted several other candidates, including Democrats Ken Cooley, a Rancho Cordova councilman, and Chris Parker, a Franchise Tax Board attorney, and Republican Peter Tateishi, chief of staff to U.S. Rep. Dan Lungren. Republican businessman Jon Bagatelos, also a former Assembly candidate, is also weighing a run.

Photo courtsey of Larry Miles.

A former Assembly majority leader has joined one of Sacramento's top lobbying shops.

Former Democratic Assemblyman Alberto Torrico is working as an "of-counsel" attorney for Capitol Advocacy, the firm confirmed today. It said in a statement that Torrico, who is not a registered lobbyist, will "provide Capitol Advocacy and its clients with strategic advice on political and policy issues."

The Sacramento-based firm, which represents major Capitol players such as the California Retailers Association, the California Hospital Association and Chevron, ranked No. 5 in California lobbying firm revenues in the first three quarters of 2011.

Torrico, who left the lower house due to term limits in 2010, will retain his private law practice. The Newark Democrat, who ran unsuccessfully in the 2010 Democratic primary for state attorney general, also serves on the state Unemployment Insurance Appeals Board. He was appointed to a six-figure post on the panel by Assembly Speaker John A. Pérez in early 2011.

Torrico joins a group of roughly 50 former legislators working to shape California policy either as registered lobbyists or general policy consultants, according to a 2011 Bee analysis.

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PHOTO CREDIT: Alberto Torrico campaigns for attorney general. Associated Press file photo, 2010.

Assemblyman Tim Donnelly was cited today for having a loaded .45-caliber handgun in his carry-on bag at the Ontario airport.

The Twin Peaks Republican was stopped at a security checkpoint early Wednesday morning, detained, and cited by airport police, said Nico Melendez, spokesman for the federal Transportation Security Administration.

Donnelly's carry-on bag housed a .45-caliber Colt Mark IV that had four rounds in its magazine and a spare magazine with five additional rounds, Melendez said. Lawmakers were returning to the Capitol today for the 2012 legislative year.

"When he was packing to leave, he had forgotten that it was in there," said Cassandra Joiner, Donnelly's spokeswoman. "He didn't realize it when he put it through the metal detector."

Donnelly -- a supporter of gun ownership -- was scheduled to board Southwest Airlines Flight 661, Melendez said. Passengers were to be transported from Ontario to Sacramento.

The incident sparked confusion because Donnelly's initial citation specified that the gun was unloaded. Ontario airport police later released a revised statement saying that the charge will be possession of a loaded firearm.

"It was an error on the officer's part," Sgt. Belinda Nettles, spokeswoman for airport police, said of the need to rewrite Donnelly's citation. She declined to discuss how the error occurred.

Possession of a loaded firearm is a misdemeanor, punishable by a maximum sentence of one year in jail and a $1,000 fine, Nettles said. Donnelly's weapon was confiscated by the Ontario Police Department. He will appear in court at a future date, she said.

Airline passengers legally can transport firearms via airline flights, but they must be unloaded and contained in a proper carrying case that is checked into the baggage department, not as a carry-on, Melendez said.

Donnelly would not be alone in forgetting that his carry-on bag contained a firearm -- 1,200 such incidents occurred nationwide last year, Melendez said.

Robin Swanson, spokeswoman for Assembly Speaker John A. Perez, urged against rushing to judgment in Donnelly's case.

"He deserves due process just like anyone else," Swanson said. "We support public safety. (Officials) will get to the bottom of it."

PHOTO CREDIT: Assemblyman Tim Donnelly, R-Twin Peaks, left, discusses his proposed measure that targets illegal immigrants during a rally at the Capitol in Sacramento, Calif., Monday, April 4, 2011. Associated Press/Rich Pedroncelli

* Updated at 12:04 p.m. to include information from Donnelly's spokeswoman, Cassandra Joiner, and from Robin Swanson, spokeswoman to the Assembly leader. Updated at 12:40 p.m. to add information about the ticket revision.

Assemblywoman Julia Brownley led the lower house with 10 pay raises sought this month for members of her personal staff or for the Education Committee she chairs, records show.

Assembly Speaker John A. Pérez recently authorized merit increases ranging from 3.6 percent to 5 percent for employees who had not received a pay hike in three years.

Other Assembly members who led the pack in seeking salary increases for personal or committee aides were Bonnie Lowenthal, D-Long Beach, seven; Mary Hayashi, D-Castro Valley and Wilmer Carter, D-Rialto, five apiece; and Isadore Hall, D-Compton, and Felipe Fuentes, D-Sylmar, four apiece.

Read the full list of raises here and The Bee story here.

The raises were not automatic: Lawmakers could opt not to request them for eligible employees.

Assembly rosters show that 258 Assembly aides received salary increases this month, roughly one of every five employees. Forty-three other aides saw their pay rise because they received promotions or assumed new job duties.

Among those targeted for a raise by Brownley, D-Santa Monica, were her chief of staff, Wendy Notsinneh, whose pay rose by $4,000 per year, 3.6 percent - from $125,004 to $129,504. The second highest-paid Brownley staffer to receive a raise was Sophia Kwong Kim, a senior education committee consultant, whose salary rose from $99,324 to $103,104.

Two Brownley aides receiving pay increases are on the low end of the Capitol salary scale, earning less than $50,000 per year.

More than 250 Assembly employees -- roughly one of every five people who work for the lower house -- received pay increases this month, as Jim Sanders reports in today's Bee.

We've put together a spreadsheet, below, of those awarded the increases.

You can search a master list, as well as lists of employees making more than $100,000 or less than $50,000, as well as the aides of Sacramento area lawmakers. You'll also find a list of those awarded the largest percentage increases.

The Los Angeles City Council has become a convenient destination for local members of the Legislature who are forcibly retired by term limits.

Out-of-work legislators are drawn to the council's higher salaries and more generous perks. The current council has five with another half-dozen local Democratic lawmakers eyeing council seats in the next set of city elections in 2013, as the LA Weekly points out in a profile of Herb Wesson, an ex-speaker of the state Assembly who just became council president.

Wesson became speaker in 2000 -- as part of the informal rotation of the office among Los Angeles Democrats -- and left two years later to pursue his political career in Los Angeles.

The LA Weekly article says that Wesson gained the council presidency, which is analogous to the speakership, via old-fashioned political horsetrading. While widely praised for his affability, the story says, he's not likely to offer much leadership for the troubled city, which would also be analogous to his brief speakership.

This California Cub Scout clearly had done his homework.

While Assemblyman Nathan Fletcher was talking politics Tuesday with the boy and about a dozen other scouts during a visit to the lawmaker's San Diego office, the 9-year-old made his move.

"Do you listen to kids?" the boy asked.

"Well, sure, what ideas do you have?" replied Fletcher, a San Diego Republican who hopes to become the city's mayor next year.

"I think school should only be four days a week," the boy said. "I think you should do a law that says school is only four days a week."

Recalling the exchange, Fletcher laughed Wednesday.

"Well, I'm going to listen to you," Fletcher said he told the youngster. "But you're still going to go to school five days a week."

Nine years from now, when the Cub Scout can vote, will Fletcher regret turning thumbs down?

"Naw," Fletcher said. "By then, he will have finished his education. He'll realize the value of it."

And some other boy will push for the same thing, perhaps.

Here is a copy of Sacramento Superior Court Judge Timothy Frawley's tentative ruling ordering the California Assembly to release budget records sought by The Bee and the Los Angeles Times:
Tentative Ruling

The Assembly must release member-by-member budgets and related documents under a Sacramento Superior Court ruling Thursday.

Judge Timothy M. Frawley's ruling was a tentative one, but it became final when the Assembly informed the court that it would not challenge the decision in a court hearing scheduled Friday for that purpose.

"The court concludes that the records were improperly withheld under the Open Records Act," Frawley opined in a 12-page decision.

"The court is persuaded that the strong public interest in disclosure outweighs any reason for keeping the records secret," he added.

The Assembly decision not to challenge Frawley's tentative ruling does not preclude appeal to a higher court. No announcement was made Thursday as to whether it will do so.

Assembly Speaker John A. Pérez and Assembly Rules Committee Chairwoman Nancy Skinner released a one-paragraph written statement that noted the lower house's current disclosure practices mirror its policies for more than three decades.

"As we review the court's opinion, we will revise our procedures accordingly," the Assembly statement said. "We remain committed to improving public access to information about the operations of the California State Assembly."

Frawley said that California law "reflects a strong presumption in favor of public access to legislative records" and that exemptions "should be narrowly construed to ensure maximum disclosure of the conduct of governmental operations."

Though the Legislature wrote the state's open-records law, Frawley said that judges do not necessarily have to accept the Assembly's interpretation of it in litigation over its rights and limitations.

"The Legislature has no authority to interpret the laws and determine rights; that is the function of the judiciary," Frawley said.

The lawsuit, filed by The Bee and Los Angeles Times, challenged the Assembly's interpretation of the Legislative Open Records Act, a 36-year-old law law assuring public access to many, but not all, Capitol records.

The law, known as LORA, begins with a declaration that "access to information concerning the conduct of the people's business by the Legislature is a fundamental and necessary right of every citizen in this state."

Exemptions from disclosure are provided for various Assembly and Senate records, however, including preliminary drafts, personnel matters and correspondence to lawmakers and their staff.

A key question in the suit was whether member-by-member budgets and related projections or changes fall under those exemptions.

In the market for a new car this holiday season?

The Legislature is selling off dozens of vehicles it had purchased under a soon-to-be axed program that has long covered the bulk of a car payment, along with the cost of gas, insurance and maintenance, for members of the Assembly and Senate.

The full scoop on shelving the car program, including questions over the cost of replacing the leased vehicles with mileage reimbursement, can be found in today's Bee. For those wondering what sort of rides legislators were driving on the taxpayers' dime, memos containing the full list of the cars, their purchase price and the portion of the lease paid by the state and the member as of March of 2011 are posted after the jump. Some members included in those lists, such as Sen. Noreen Evans, D-Santa Rosa, elected to give up their cars earlier this year.

A breakdown of the cost of the old program can be found at this link.

Assemblywoman Fiona Ma will run for the state Board of Equalization when incumbent Democrat Betty Yee is termed out in 2014.

Ma has opened a campaign committee for the Board of Equalization race and said Monday that veteran Richie Ross will be her political consultant in seeking a seat stretching from the Oregon border to Santa Barbara County.

"It's making my parents very happy that my education is not going to waste," quipped Ma, who received a master's degree in taxation from Golden Gate University and is a certified public accountant.

Ma was forced to make a decision about her political future because she will be termed out of the Assembly next year.

Ma said she had planned to run for state Sen. Leland Yee's seat if he had won the recent race for San Francisco mayor, but he lost this month to acting Mayor Ed Lee.

The San Francisco Police Department has released a booking photo of Assemblywoman Mary Hayashi from her arrest last month on a felony grand theft charge.

The 45-year-old Castro Valley Democrat appears disheveled in the photo, a far cry from her fashionable appearance on the Assembly floor during her five years as a legislator.

Hayashi has pleaded not guilty to the felony charge of stealing nearly $2,500 in clothing - leather pants, a black skirt and white blouse - from a San Francisco Neiman Marcus store last month.

Hayashi is not expected to appear for further proceedings in San Francisco Superior Court on Dec 7, when a preliminary hearing is scheduled to be set.

A preliminary hearing will determine whether evidence is sufficient for Hayashi to face trial on the charge.

Hayashi, who will be termed out of the Assembly next year, was stopped outside Neiman Marcus by store security officers, who recovered the clothing and booked it into evidence.

Assembly Republican leader Connie Conway announced the selection of a new chief of staff today, meaning that both leaders of the lower house will begin 2012 with a new right-hand man.

Ivan Altamura will serve as Conway's new chief of staff, replacing Dillon Gibbons, who will transfer to the upper house to oversee the staff of Sen. Anthony Cannella, R-Ceres.

Conway's announcement came just two days after Assembly Speaker John A. Pérez announced a key aide, Greg Campbell, will be his chief of staff. Campbell replaces Sara Ramirez Giroux, who will remain in Pérez's office as a chief consultant.

Altamura, an attorney, had been serving as senior director of the GOP caucus. He previously was chief of staff to Assembly Republican leader Mike Villines, who was termed out last year.

Conway, in a written statement, noted that Altamura had substantial experience as a Republican caucus chief of staff so "this will be a seamless transition within my leadership team."

Gibbons fills a position in Cannella's office that was vacated by Erin Guerrero, who was named member services director for the Assembly Republican Caucus.

Altamura's previous salary of $160,000 annually will not change with his new title. Guerrero will be paid $114,996 per year, an increase of $10,692 over her Senate salary.

Gibbons' Senate salary will be $126,480, an increase of $1,476 over his pay in the lower house.

PHOTO CREDIT: Assembly GOP leader Connie Conway appears on the Assembly floor in late 2010. Hector Amezcua, Sacramento Bee.

* Updated at 10:40 a.m. and at 10:55 a.m. Wednesday to expand upon salary information. Also updated at 5:15 p.m. Friday to insert Gibbons' salary.

The Capitol Christmas tree arrived on the west lawn this morning, hauled in from El Dorado County and lifted from a flatbed truck by crane.

The 40-foot-tall white fir is 15 feet shorter than last year's. It was donated by the U.S. Forest Service's Institute of Forest Genetics. As is customary, the tree will be decorated with hand-crafted ornaments made by people with developmental disabilities.

A tree-lighting ceremony, the Capitol's 80th annual, will be held on Wednesday, Dec. 7.

Assemblywoman Mary Hayashi must wait a little longer for a preliminary hearing date in her grand theft case.

San Francisco Superior Court Judge Gerardo Sandoval, in proceedings lasting only a few minutes Tuesday, continued the felony case until Dec. 7. At that time, a date is expected to be set for a preliminary hearing, which will detemine whether evidence is sufficient to place Hayashi on trial.

Hayashi's attorney, Douglas Rappaport, requested the continuance Tuesday to provide time for obtaining information about the case from the Neiman Marcus store where Hayashi was arrested, said Omid Talai, spokesman for the San Francisco District Attorney's Office.

Prosecutors asked that Hayashi be required to attend the Dec. 7 court hearing, but Judge Sandoval waived her appearance at Rappaport's request, Talai said. Hayashi currently is free on $15,000 bail.

Hayashi, D-Castro Valley, is accused of stealing nearly $2,500 in clothing -- leather pants, a black skirt and a white blouse -- from a San Francisco Neiman Marcus store last month.

The 45-year-old lawmaker, wife of a Bay Area judge, was stopped outside the store by Neiman Marcus security officers, who recovered the clothing and booked it into evidence.

Hayashi has pleaded not guilty. Through a spokesman, Sam Singer, the lawmaker has said she was distracted by using a cellphone while shopping inside Neiman Marcus and mistakenly stepped outside, where she was stopped before she could correct her error.

"It's a silly little case that got blown out of proportion," Rappaport said this week.

After Hayashi's arrest, San Francisco police officers said she had passed several Neiman Marcus cash registers at which she could have purchased the clothing.

Prosecutors said that Hayashi had walked away from the store -- Bay Area News Group reported the distance at 50 to 100 feet -- before she was detained by store security officers.

Maximum sentence is three years in prison for grand theft, but first-time offenders typically do not receive such stiff sentences. Prosecutors have declined to comment on Hayashi's likely punishment if convicted.

* Updated at 3 p.m. with additional information about today's San Francisco court proceeding.

Assembly Speaker John A. Pérez has promoted one of his chief consultants, Greg Campbell, to serve as chief of staff.

Campbell will replace Sara Ramirez Giroux, whose title will change to a chief consultant for Pérez, D-Los Angeles.

Prior to the job changes, Campbell's annual salary was $134,628 and Giroux's was $190,000. The two essentially will switch salaries as well as job titles: Campbell will receive $190,000 and Giroux about $136,000, said Robin Swanson, Pérez 's spokeswoman.

Officials of the speaker's office could not be reached immediately for comment today.

Campbell, 38, has served in leadership roles for each of the past four Assembly speakers, all Democrats.

A graduate of the University of California, Davis, Campbell has helped to develop numerous state budgets, helped manage Assembly operations, and assisted on issues related to pension reform, health-care reform, workers compensation law, raising California's minimum wage, and labor and workforce development.

Campbell also has served as a member of California's Employment Training Panel. At UCD, he played football with one of the current assemblymen, Republican Cameron Smyth of Santa Clarita, according to a press release from Pérez's office.

Democratic Assemblyman Gil Cedillo has announced plans to run for the Los Angeles City Council in 2013.

The Democrat will seek to succeed Councilman Ed Reyes, who will be stepping down due to term limits.

Cedillo was first elected to the state Legislature in 1998. He served two terms in the state Assembly before winning election to the Senate in 2002. After completing the maximum two terms in the upper house, he returned to the Assembly for a third and final term.

Cedillo has made immigrant rights a top legislative priority during his time in Sacramento. He is the author of the California "Dream Act," a recently signed law allowing some undocumented immigrant students to qualify for publicly funded financial aid.

Former GOP Assemblyman Roger Niello has been named the leader of the Sacramento Metropolitan Chamber of Commerce.

The Fair Oaks Republican has remained active in the public and political spheres since wrapping up his third and final term in the state Assembly last year. He has thrown his support behind two public employee pension initiative proposals, the latest released today, and expressed interest in future runs for the state Senate or statewide office.

Click here to read a SacBee.com account of Niello's new post.

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Democratic Assemblywoman Cathleen Galgiani has publicly come out as a lesbian.

In an interview, the 47-year-old Livingston Democrat told the Stockton Record that it was not until after her 2006 election to the Assembly that she knew she was gay.

Galgiani told the newspaper that she hoped talking about her life would provide support for youth dealing with issues related to their own sexual identity.

"It sickens me that young people would think about taking their lives because of who they are," Galgiani said in the interview.

Galgiani's spokesman confirmed the report, saying the statement came during an interview on high-speed rail and other issues.

Galgiani's announcement brings the total number of openly gay state lawmakers to eight. Her addition would make the Legislature's Lesbian, Gay, Bisexual and Transgender Caucus, formed in 2002, the country's largest caucus recognizing openly gay legislators in the country, according to the gay rights advocacy group Equality California

Galgiani, who is termed out of the Assembly next year, is planning to run for a competitive Senate seat in the Central Valley next year. Her opponents in the 5th Senate District race are expected to include Assemblyman Bill Berryhill, R-Ceres, and San Joaquin Supervisor Leroy Ornellas, R-Tracy.

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Assemblywoman Cathleen Galgiani launches state Senate run

PHOTO CREDIT: Cathleen Galgiani, D-Stockton, casts her vote on the budget cuts portion of the Democratic budget plan during the Assembly floor session, Tuesday Dec. 16, 2008. Brian Baer, Sacramento Bee.

Assemblywoman Mary Hayashi is facing charges on allegations that she shoplifted more than $2,000 in merchandise from a high-end retailer in San Francisco, according to a San Francisco Chronicle report.

Prosecutors told the Chronicle that the Castro Valley Democrat was caught on camera Tuesday shoplifting at the Union Square Neiman Marcus store. She pleaded not guilty to a felony grand theft charge at a Thursday arraignment hearing.

The Chronicle's Matier and Ross report:

Hayashi, 45, who has served in the Assembly since 2006 -- and is married to Alameda Superior Court Judge Dennis Hayashi -- was arraigned Thursday in San Francisco Superior Court. She had earlier posted $15,000 bail.

Hayashi was stopped by Neiman Marcus' security detail shortly after leaving the store around 12:15 p.m. Tuesday with a shopping bag that included three items worth $2,450 that she hadn't paid for when she checked out at the register, the district attorney's office said.

Prosecutors did not specify what the items were, but a source familiar with the case tells us they included a leather skirt.

Hayashi was questioned by police and eventually charged with one count of felony theft. She pleaded not guilty Thursday before Judge Samuel Feng and is due back in court Nov. 15 to set a preliminary hearing.

Hayashi's spokesman was not immediately available for comment.

Click here to read the full Chronicle post.

Photo Credit: Mary Hayashi, 2010. The Sacramento Bee/Paul Kitagaki, Jr.

Assemblyman Richard Pan is packing his bags in hopes of staying put.

The Sacramento Democrat said today that he has decided to move into a newly drawn south Sacramento Assembly district to seek a second term in the Legislature next year.

Pan characterized his decision as a return to a part of the county where he lived for about two years. He resided in Sacramento's Pocket area from about 1998 to 2000 after moving to California from Boston in 1998, he said.

"I believe that people, when they go to the voting booth, they're looking for someone who will work effectively in the Capitol to represent their community, to represent them -- and that's what I'll do," Pan said.

Pan's current Assembly District was redrawn recently by California's citizens redistricting commission, placing the pediatrician and freshman lawmaker in the same district as Democratic colleague Roger Dickinson for next year's election.

By moving from North Natomas, Pan will avoid a high-powered political showdown with Dickinson and seek an open seat - the 9th Assembly District - that stretches from south Sacramento through Elk Grove and Galt to Lodi.

Elk Grove Councilwoman Sophia Scherman, a Republican, also has expressed interest in the seat.

Pan said the new south Sacramento County district is a good fit for him partly because many issues he has tackled as a lawmaker and pediatrician -- from expanding children's health care to promoting job creation -- impact residents throughout the region.

The California Assembly underreports spending on personal staff in a way that clouds how the lower house spends its $146.7 million budget, a computer analysis by a Stanford-based nonprofit group announced today.

The findings by California Common Sense mirror a similar analysis by The Bee, which concluded that more than 170 personal staff salaries are being paid by committee funds and an additional 70 by leadership stipends. The augmentations exceeded $10 million for the first eight months of the legislative year.

Under the Assembly's method of accounting for salaries and reporting expenditures to the public, personal staff salary is "artificially inflated," California Common Sense said in a written statement.

"As more data comes to light, it becomes clearer that Assembly leadership is not presenting an accurate account of spending," said Dakin Sloss, executive director of the Stanford-based watchdog group.

Jon Waldie, Assembly administrator, has said that placing various Capitol office aides on a committee payroll is neither unreasonable nor unusual because duties tend to overlap at the Capitol.

California Common Sense analyzed roster and payroll data covering the first eight months of the current legislative year, from December 2010 through July 2011.

The Assembly balked recently at releasing member-by-member budgets, sparking a lawsuit by The Bee and the Los Angeles Times in an attempt to force disclosure.

Sloss characterized his group as nonpartisan. Its chairman is Joe Lonsdale, a Bay Area investor and entrepreneur. Donors include the Passport Foundation, Matthew Fournier, Processing Pledge, Koret Foundation, Draper Foundation and Charles T. Munger Jr.

The Bee found that the transfer of personal aides to committee payrolls allows some legislators to spend hundreds of thousands of dollars more to run their offices than are reported as member expenditures.

Assembly Speaker John A. Pérez has canceled an order to furlough the staff of Democratic Assemblyman Anthony Portantino.

Portantino had been informed by the Assembly Rules Committee in July that his staff would be put on leave without pay this fall because of projections that his office would run tens of thousands of dollars over budget. The La Cañada-Flintridge Democrat disputed the stated reason for the cut, saying he was being punished for being the lone Assembly Democrat to vote against the state budget package approved earlier.

Pérez's office announced today that the furloughs were no longer needed "in light of two staff departures, and the requests of two additional staff members for leaves of absence."

"The Speaker again expressed his disappointment at Mr. Portantino's continued refusal to cooperate in resolving his office budget issues, and noted that any staff hires, including replacement hires, must be accompanied by a spending plan that details how Mr. Portantino's expenditures will remain within his allocation," Pérez communications director Robin Swanson said in a statement.

Portantino responded with a release trumpeting that he "CLAIMS VICTORY" on behalf of his constituents.

"Though I am thrilled for my staff and district, I am disappointed that the Speaker is holding on to the delusion that this was anything but retaliation for my independent budget vote," he said in the statement. "It never made any sense to single out my staff and the half-million residents of the 44th A.D. because I voted my conscience."

The dust-up over cuts to Portantino's budget sparked months of public feuding between the two Assembly Democrats and triggered a broader push for disclosure of office spending information, including a lawsuit filed by The Bee. After initially denying requests from Portantino and several news outlets, the Assembly released office budgets in August. Portantino remained unsatisfied, accusing leaders of "cooking the books" to mislead the public about the lower house expenditures.

The announcement canceling the furloughs came hours after Portantino took yet another public swipe at the speaker over the Assembly's budgeting practices.

Democratic Assemblyman Anthony Portantino is ramping up his ongoing feud with Assembly Speaker John A. Pérez, calling for the lower house leader to shed more light on his proposed transparency task force.

Pérez announced in August that he planned to create a committee to review legislative open records practices in the wake of growing pressure to disclose more information about the Assembly's spending, including a lawsuit filed by The Bee and the Los Angeles Times. Pérez said at the time that the task force would issue a proposal for updating policies by early next year.

Both the Assembly and the Senate released office spending information in late August. But Portantino, who has sparred with the speaker over his own budget, says action by the task force has yet to occur -- at least in the public realm.

The California Assembly announced today that it will use a $1.2 million budget surplus to help the office of Secretary of State Debra Bowen speed up the processing of business filings.

The funding shift will be used to "confront the massive delay in the processing of business filings" by helping the office tackle a backlog of nearly 200,000 documents, according to a release from Assembly Speaker John A. Pérez.

"This money will pay for my staff to work overtime on weekends to reduce this backlog, and help new and existing businesses do what they need to do to comply with state law," Bowen said in a statement.

Pérez touted move as an example of the lower house's ongoing effort to "find ways to tighten our belt and spend what funding we have on smart, value-driven solutions that create jobs and increase California's economic output."

Remember the old adage about getting handed lemons, then turning them into lemonade?

Apparently Assemblyman Anthony Portantino does.

The Democrat from La Cañada-Flintridge has scheduled a community charity event, "Lemon Aid," in response to Assembly Speaker John A. Pérez's decision to furlough his entire staff for six weeks, beginning Oct. 21.

Portantino contends that the speaker is punishing him for casting the lone Democratic vote against this year's state budget. Pérez, through a spokeswoman, has said that Portantino is projected to exceed his budget.

"Exhibiting an unbroken spirit in the wake of the mean-spirited actions of the Assembly leaders, my staff has come up with a great idea that they call 'Lemon Aid,'" Portantino said in an electronic message to constituents.

Participants in the Oct. 5 charity event at Portantino's Pasadena office are asked to bring a non-perishable food item for two non-profit groups. His aides will attend to "provide contacts to state agencies in case you need assistance while the office is shut down," Portantino wrote.

"We will support a worthy cause and renew our support for the right kind of public service that the 44th Assembly district understands but leaders in Sacramento seem to have forgotten about," he concluded.

PHOTO: Assembly Speaker John A. Pérez, right, has a heated discussion with Assemblyman Anthony Portantino over the budget. The Sacramento Bee/Hector Amezcua

How better to tie a knot than with a western-themed wedding?

Assemblywoman Fiona Ma and firefighter-turned-politician Jason Hodge will get hitched Nov. 12 at Long Branch Farms, a village in Half Moon Bay, according to Nick Hardeman, Ma's chief of staff.

Guests will wear western garb to the nuptials, with Assembly Speaker John A. Pérez serving as sheriff. Invitations read like a wanted poster, claiming that Ma and Hodge are wanted for "crimes of passion, love and commitment."

The two, both Democrats, can thank party politics for bringing them together.

The San Francisco assemblywoman, who will be termed out next year, met Hodge while attending the state Democratic Party convention last year. They have been dating ever since, Hardeman said.

Hodge is a Ventura County firefighter and an Oxnard Harbor commissioner who is planning to run for the state Senate, Hardeman said.

The marriage will be Hodge's first and Ma's second, Hardeman said. No honeymoon plans have been announced.

With Hodge employed in Southern California, and Ma tied to Northern California, where will the couple live once wed?

"They haven't worked that out yet," Hardeman said

PHOTO CREDIT: Assemblywoman Fiona Ma, D-San Francisco speaks on the Assembly floor in 2009. The Sacramento Bee/Randy Pench

A computer hacking incident has prompted dozens of Assembly employees to be notified this month that personal information may have been obtained.

"We can't verify that anything was taken, but the potential was there, so I'm going to err on the side of caution," Assembly administrator Jon Waldie said of notifying more than 50 employees.

Legislative Counsel Diane Boyer-Vine, whose office oversees the Legislative Data Center, said that officials discovered that a computer server had been hacked while investigating a computer outage that occurred Aug. 22.

No information was downloaded from the server, but it contained personal information, so the Assembly was notified and the decision was made to caution affected employees, Boyer-Vine said.

Waldie and Boyer-Vine declined to discuss what personal data is kept in the server.

The Assembly handles its own payroll, so it maintains a wide range of information for that purpose.

The number of employees potentially affected was a small subset of the Assembly's more than 1,000 employees.

A production crew for "The Daily Show" was spotted late this afternoon under the dome, taping a segment with GOP Assemblyman Tim Donnelly.

A staffer the Twin Peaks Republican would say only that the topic for the interview with the satirical newscast is "direct democracy." It was unclear Wednesday when the segment would air.

This won't be Donnelly's first time appearing on a Comedy Central news show. The former minuteman leader's effort to build a fence at the California-Mexico border was featured on "The Colbert Report" in 2006.

The theme of that segment? "The Difference Makers."

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Lawmakers, apparently, are never too busy for a few laughs.

The final floor sessions of the year kicked off last week with tall stacks of bills and rousing games of legislative bingo.

That's the bipartisan game lawmakers play to fuse silly phrases into their "debate."

A last-minute push by Sacramento Municipal Utility District to change the state's green energy law has been put on hold until next year.

Assembly Bill 391, by Assemblyman Richard Pan, D-Sacramento, would help utilities comply with a law requiring all utilities to get one-third of the electricity from green sources by 2020 by giving them credit for renewable energy sources already acquired.

Officials for SMUD, which currently gets 24.7 percent of its energy from renewable sources, argued that the current law would not allow them to count a 2006 green energy contract towards the state requirements. The need to purchase other sources to meet the 33-percent mark could result in rate increases of up to 7 percent, they said.

The legislation, introduced yesterday as an amendment to an existing bill, was scheduled to come up for a vote tonight. But with just hours left in the legislative session, senators decided to delay the bill until next year amid opposition from other utilities, including Pacific Gas and Electric.

Lawmakers can take up the measure when they return in January.

There was a reunion of sorts on the Assembly floor Thursday morning as Assemblyman Charles Calderon was joined by four other members of the "Gang of 5" that made a spectacularly unsuccessful bid to grab control of the Assembly more than 20 years ago.

Democrat Calderon briefly introduced former Assemblymen Rusty Areias, Steve Peace, Gary Condit and Jerry Eaves. In the late 1980s, they positioned themselves between the Assembly's 39 other Democrats and its 36 Republicans and challenged then-Speaker Willie Brown for control of the house.

The five demanded that one of them be elected speaker and threatened to make a deal with Republicans to form a new coalition to control the house. Brown stripped them of key committee assignments and other perquisites as punishment, but they were on the verge of victory when one Republican assemblyman died, erasing the theoretical majority and ending their bid for power.

Members of the Legislature are usually associated with a certain amount of decorum. Suits and ties. Parliamentary procedures. That kind of thing.

But seven freshmen Assembly members are evoking a different image with an invitation, shown below, that they're circulating for an end-of-session party Wednesday at Simon's. Think rappers and low-riders, not speakers and pro tems.

The Assembly members -- all Democrats and all Latinos -- call themselves the "D7 crew." They include Luis Alejo of Salinas, Michael Allen of Santa Rosa, Nora Campos of San Jose, Roger Hernández of West Covina, Ben Hueso of Chula Vista, Ricardo Lara of Bell Gardens and Henry T. Perea of Fresno.

The D stands for Democrat, Perea said. The similarity of the group's name to D12 -- a Detroit rap group known for misogynistic and violent lyrics -- is pure coincidence. Perea said he had never heard of D12.

Still, some in the Capitol community are saying the flyer evokes negative stereotypes of Latinos. Perea said that wasn't the point at all.

"The seven of us are all Latino. We all come from diverse backgrounds in different parts of the state," Perea said. "As we were talking about doing an end-of-session bash, and remembering where we came from, we started talking about the things we saw as we grew up. So that's really all it is."

The Assembly today passed a bill that would allow non-medical school employees to give anti-seizure medication to epileptic students, sending the emotional issue a crucial step closer to final approval by Gov. Jerry Brown.

After 40 minutes of passionate debate on the Assembly floor, the lower house approved Senate Bill 161 with a vote of 47 to 15. It garnered substantial support from Democrats -- 22 out of 52 supported the bill -- despite opposition from the state's Democratic party chairman and several large labor unions.

"While it's not perfect, this bill is about saving the life of a child or saving permanent brain damage (from happening) to a child," said Assemblywoman Julia Brownley, D-Santa Monica, explaining why she was voting in favor of the bill.

Opponents also cited the well-being of children in making the case for their opposition.

"Let's vote no," said Assemblyman Sandre Swanson, D-Oakland. "And let's work immediately to fund nurses at schools, ...the best possible care for our children."

The bill is the second attempt by Sen. Bob Huff, R-Diamond Bar, to permit non-nurses to administer a drug called Diastat to school children experiencing seizures. Labor unions, including those representing nurses, teachers and support staff, oppose the bill. They argue that the medication, which must be injected into the patient's rectum, is difficult to administer and should only be done by a nurse. Supporters, including parents of epileptic students, said that most schools don't have a nurse on site every day and that their children must be protected if a seizure occurred during the school day.

The bill says school employees who volunteer to administer the drug will receive training.

The bill now returns to the Senate -- which approved it 32-4 earlier this year -- for a final vote that would send it to Gov. Jerry Brown's desk.

The state Senate today blocked a push by Assembly Speaker John A Pérez to eliminate the city of Vernon.

Assembly Bill 46 sought to disincorporate any California city with fewer than 150 residents -- criteria met only by the tiny industrial city represented by Pérez. It fell eight votes short of passage today on the Senate floor, on a 13-17 vote.

Pérez has made axing the city one of his top priorities this year, saying it is the best way address allegations of corruption in a city that is home to fewer than 100 residents but more than 1,000 businesses. Under his proposal, Vernon would become an unincorporated part of Los Angeles County.

Pérez issued a statement blasting the Senate and its Democratic members, saying the upper house "chose to ignore decades of corruption in Vernon."

"The fact is clear: Senators (Ron) Calderon and (Kevin) De León, along with their colleagues, have given Vernon a free pass to continue doing business as usual, and those senators will own the responsibility for any misdeeds that may occur in the future."

Democratic Sen. Los Wolk, who presented the bill on the floor, appealed to members to consider what she called Vernon's "extraordinary record" of abuses and corruption.

"There is no independent electorate in Vernon that can stand up against the corruption and mismanagement in the city," the Davis Democrat said of city's small population.

The Senate and Assembly released member-by-member spending records this afternoon, weeks after The Bee and the Los Angeles Times filed suit against the Assembly in an attempt to force disclosure of current office budget and spending records.

Friday's release shows that both houses have concluded that the public has a right to see all or parts of current-year records regarding the spending of millions in taxpayer funds.

"As I have previously announced, I have asked Assembly Rules Chair Nancy Skinner to form a task force to study our options to modernize the Assembly's records policies," Assembly Speaker John A. Pérez said in a statement. "I am eager to receive the results of their work when we reconvene for next year's legislative session. I have also listened to concerns from members in both parties about the need to modernize how the Assembly maintains and shares information."

"I believe that we can take steps now to increase the accessibility of information as to how the Assembly operates. To that end, I have consulted with Assemblymember Skinner and we have directed the Assembly Rules Committee to begin posting the most up-to-date Assembly expenditures through July on our website."

Find the Assembly's 2010 spending here and 2011 year-to-date spending here.

Find the Senate's 2010 spending here. The Senate has not posted its 2011 information online.

Traditionally, both houses have published such data 12 months after the end of each legislative year - thus, 2011 records would not have been unveiled until the week after Thanksgiving 2012.

Analyzing current-year records will allow Californians to identify the Legislature's biggest spenders and determine how money is being spent in a year of fiscal distress forcing cuts in many state programs.

Assemblyman Anthony Portantino called attention to office records last month by claiming that had slashed his budget for casting the only Democratic vote against this year's budget.

When the Assembly balked at releasing office records, citing a legal exemption for preliminary drafts and correspondence to legislators, The Bee and Los Angeles Times filed suit. That litigation is pending.

This post has been updated to reflect that the records have been released.

To the victor go the spoils, apparently.

Holding a firm majority in the Assembly, Democrats' cadre of office and committee staff exceeds Republicans' by a higher percentage than the number of legislative seats that each party controls, records show.

Democrats hold 65 percent of the Assembly's seats - 52 of 80 -- but they control 77 percent of the employees tied to Assembly offices or committees, according to a computer sort of the Assembly staff roster.

Individual Republican Assembly members began releasing their current office budgets Thursday in the wake of a call by the GOP caucus for the Assembly to make them public for all members.

"The people I represent would want to know what their money is spent on -- it's their money," said Assemblywoman Shannon Grove, R-Bakersfield.

Joining Grove in releasing documents were Assembly Republicans Kristin Olsen of Modesto, Tim Donnelly of Twin Peaks, and Allan Mansoor of Costa Mesa.

All four are freshmen, and three of them are projected to have a surplus by year's end: $46,278 for Donnelly, $27,174 for Grove, and $25,090 for Olsen. Mansoor is projected to have a deficit of $1,226, the newly released records of month-by-month spending show.

"This should not be a big deal," Olsen said. "Taxpayer money should be public."

Donnelly agreed, saying, "We haven't done anything really worthy of note, except honor and respect the people. I think that every member of the Legislature, regardless of party, ought to do the same."

Calling them public records that Californians have a right to see, Assembly Republicans have asked the Assembly Rules Committee to immediately release detailed, current spending records of each member of the house.

The letter, sent Wednesday by Assembly Republican leader Connie Conway on behalf of her 28-member caucus, comes two weeks after publishers of The Sacramento Bee and Los Angeles Times filed suit to obtain the records.

Assembly Speaker John A. Pérez announced this week that he is forming a task force led by Rules Committee Chairwoman Nancy Skinner, D-Berkeley, to consider updating house disclosure policies. Recommendations are expected before the start of next year's session.

Robin Swanson, spokeswoman said that disclosure policies are a priority for Perez.

"The speaker created the task force to address the issue, and that's exactly what it will be doing," she said. "It will be looking at all the options."

Conway wrote that the house should "always operate in an open and transparent manner."

Under pressure from a state assemblyman and newspaper publishers to make more legislative spending records public, Assembly Speaker John A. Pérez said this afternoon that he is forming a task force on the matter.

The announcement followed Assemblyman Anthony Portantino's proposal to strip Perez of the power to set Assembly members' budgets and to assign their offices.

Portantino, D-La Cañada-Flintridge, accused Pérez of reducing his office budget as punishment for opposing the state budget's passage, and he proposed requiring the Assembly to make information about spending and contracts public.

By Jim Sanders

Adding fuel to a bitter fight, Assemblyman Anthony Portantino has proposed stripping the Assembly leader of the authority to set budgets and assign offices for the 80 members of the lower house.

Under Portantino's proposed rules change, the Assembly Rules Committee would be required to consider office budgets and assign offices in a public meeting.

Assembly Speaker John A. Pérez would appoint members to the Rules Committee, and its leaders, but Pérez no longer would have personal authority over member budgets and offices.

Portantino, D-La Cañada-Flintridge, proposed the changes Friday in the wake of a battle with Pérez. He has accused the speaker of punishing him by cutting his budget after he cast the lone Democratic vote against this year's controversial state budget.

Robin Swanson, spokeswoman for Pérez, declined today to comment on Portantino's proposed rule changes. Pérez has a "plan of action" that he plans to roll out later today, she said.

Portantino's proposal, House Resolution 20, is expected to be available publicly today.
The proposal also calls for the Assembly to post on its website information that would allow Californians to see whether any sums above $1,000 were added or subtracted to a member's budget each quarter.

The Assembly would be required to publicly display information about its contracts, expenditures, any gifts or donations it makes, and any payments made to satisfy a legal claim against any Assembly member or employee.

Publishers of The Sacramento Bee and Los Angeles Times filed suit this month after the Assembly declined to release records of lawmakers' current office budgets and spending.

Jon Waldie, chief administrator of the Rules Committee, recently said that projections of members' current budgets and spending can change throughout the year, contain confidential personnel information, and are used in private communications to lawmakers' offices.

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If the ongoing feud between Speaker John A. Pérez and Democratic Assemblyman Anthony Portantino didn't satisfy your appetite for recess drama, check out this recent dispute between Assemblyman Steve Bradford and an ice cream truck vendor in his hometown of Gardena.

The Torrance Daily Breeze reports:

State Assemblyman Steve Bradford, D-Inglewood, has accused a 73-year-old ice-cream truck vendor of trying to run him over while he was home in Gardena last weekend during the Legislature's summer recess.

The alleged aggressor, Jesus Izquierdo of Hawthorne, counters that he was simply trying to drive home when Bradford pulled up next to him and began screaming.

"I'm just trying to sell ice cream, why would I try to kill someone?" Izquierdo, who speaks little English, said in Spanish when told about Bradford's accusation.

Izquierdo claims Bradford tried to represent himself as an officer, and even flashed something that resembled a police badge at him - something Bradford has been accused of doing before with an honorary badge he receives as an elected official.

The men yelled between vehicles, though Izquierdo said he understood little of what Bradford said. He said the assemblyman has approached him several times in the past two years demanding to see his business license.

Bradford, 51, later told police that, as they argued, Izquierdo repeatedly veered into his lane in attempts to "run him off the road." Izquierdo said he was only trying to get away from the legislator, and that Bradford pulled in front of him to try to trap him.

Read the full story, published Friday, at this link.

Richard Floyd, a crusty, chain-smoking former assemblyman best known for carrying the legislation requiring motorcyclists to wear helmets, died at his Sacramento area home Thursday evening. He was 80.

Floyd was a long-time aide to Sen. Ralph Dills, D-Gardena, when he struck out on his own in 1980, winning an Assembly seat centered in the heart of Dills' south Los Angeles County Senate district and serving for 12 years.

Floyd's first Assembly stint -- much of its as chairman of the committee that handled horse racing, gambling and liquor legislation -- ended when he lost a primary to a Democratic challenger in 1992 after the district's boundaries were changed. But he returned to the Assembly four years later when the seat reopened, only to be bounced out again by term limits in 2000. Floyd ran for the state Senate that year, but lost in another Democratic primary battle.

As described by the California Political Almanac in 1990, "Floyd is easily the loudest, most profane member of the Legislature -- and proud of it. Not a last-night-of-the-session has gone by without Floyd bellowing a profanity at one of his Republican colleagues. During Gov. George Deukmejian's state of the state addresses, Floyd can usually be spotted tossing paper airplanes and making comments to anyone within earshot."

A feud over office spending between Assemblyman Anthony Portantino and Assembly Speaker John A. Pérez escalated into a battle over appointment books Thursday, as Portantino decided to buck leadership by releasing his legislative calendar to the press.

The La Cañada-Flintridge Democrat released today six months' worth of calendars detailing his meetings and other commitments in response to a request from the Associated Press. As the AP has reported, its previous requests for the daily calendars of all 120 legislators have been repeatedly denied.

Portantino, who has been publicly battling with Pérez over cuts to his office budget, told The Bee that he decided to release his calendars after experiencing a "rude awakening" about how "hard the Assembly leadership works to maintain secrecy."

The Assembly's new contract with Washington, D.C., lobby firm Pace LLP is raising hackles among some people involved in California's debate over legalizing Internet gambling.

That's because the same firm the Assembly hired also represents the Morongo Band of Mission Indians -- a sponsor of one of two competing bills on Internet gambling. The tribe is backing Sen. Lou Correa's Senate Bill 40, which would make online poker legal in California -- and could enrich the tribes and card rooms that get to operate the sites.

Many other tribes oppose the bill, saying it doesn't give them a chance to get into the Internet poker business. They support online gambling but want a bill that gives more tribes the opportunity for a piece of the pie. And they're the ones concerned about the Assembly hiring Morongo's federal lobbyist.

In May, the Assembly signed a $15,000-a-month contract with Pace to represent it before the federal government. Last month, Pace's managing partner Jim Wise was in Sacramento to testify at a hearing on Internet gambling. At the Senate Governmental Organization Committee hearing on July 12, Wise sat next to former Assembly Speaker Willie Brown, who represents the Morongo tribe. Records show that Morongo has employed Wise's firm for over a decade, at a current cost of $280,000 a year.

California taxpayers have begun paying $15,000 a month to help the Assembly lobby federal government.

The Assembly signed a contract in mid-May with PACE, a government relations consulting firm based in the nation's capital, to provide a wide range of strategic planning, monitoring, information and advocacy services through June 30, 2012, records show.

Decisions made in Washington D.C., affect billions of dollars that are coveted by California school, transportation, criminal justice, social service, health-care reform and other public programs each year.

"The benefit is clear on having your own representatives for lobbying in Washington D.C., because then we've got somebody on the ground who's more aware of what's going on for its impacts strictly on California -- and the Legislature in particular," said Jon Waldie, Assembly administrator.

Former Gov. Arnold Schwarzenegger trumpeted the need to keep a close eye on the nation's capital by declaring, shortly after taking office in 2003, his intention to become the "Collectinator" of federal funds. A spokesman for current Gov. Jerry Brown said the office does not currently employ a lobbyist in Washington, D.C.

Publishers of The Sacramento Bee and Los Angeles Times jointly filed suit Friday to challenge the Assembly's refusal to release records of current office budgets and spending by its lawmakers.

The legal dispute stems from allegations by Assemblyman Anthony Portantino, D-La Cañada-Flintridge, that his budget was slashed as punishment for his casting the lone Democratic vote against this year's controversial budget.

Portantino, The Bee, and the Times, among others, submitted Legislative Open Records Act requests recently seeking Assembly records that could shed light on Portantino's allegations.

The Assembly Rules Committee released information about lawmaker expenditures from years past, but it balked at producing documents related to this year's office budgets or any changes in them.

The Rules Committee, chaired by Assemblywoman Nancy Skinner but ultimately controlled by Assembly Speaker John A. Pérez, said that such documents are exempt under provisions of the Legislative Open Records Act covering "preliminary drafts, notes or legislative memoranda" and correspondence to lawmakers' offices.

Assemblyman Anthony Portantino has lost his bid to view documents that he contends will prove that his office budget was cut by Assembly Speaker John A. Pérez for voting against this year's controversial state budget.

The Assembly rejected a Legislative Open Records Act request by Portantino's lawyer to see how much each Assembly member has been authorized to spend this year, and any additions or subtractions that have occurred.

Longtime Rancho Cordova Councilman Ken Cooley will run for a suburban capital-area Assembly seat unless an incumbent legislator, Alyson Huber, moves into that district to qualify for the ballot.

Cooley, a Democrat, said he has notified Assembly Speaker John A. Pérez of his intention to run next year, if Huber does not, in the 8th Assembly District that stretches from Citrus Heights to the tiny communities of Herald and Clay, located south of Wilton.

Assemblyman Martin Garrick, R-Solana Beach, will lose his driver's license for four months and perform 48 hours of community service after pleading no contest today to drunken driving charges.

Three California Highway Patrol officers arrested Garrick on June 15 after they saw him speed past a stop sign and red traffic lights near the Capitol. Garrick's plea came more than two weeks before his scheduled Aug. 15 court hearing.

"I have accepted responsibility for my actions and apologized to family, friends and constituents," Garrick said in a statement late Friday. "I will now take the necessary steps to resolve this incident and immediately begin the process of complying with the judgment."

When Republican Assemblyman Jeff Gorell returns home next spring from a yearlong military deployment to Afghanistan, he'll find that his district has been redrawn to contain more Democrats than Republicans.

Maps tentatively approved by the state's redistricting commission show Gorell in a Ventura County district where Democrats outnumber Republicans by two percentage points. A final vote is scheduled Aug. 15.

Currently, the freshman lawmaker from Camarillo represents an area where the GOP has a five-point edge. The Navy reservist was deployed to Afghanistan in March, a few months after he took office.

Californians hoping to enter the Legislature's information website to read the dozens of bills signed into law this week by Gov. Jerry Brown were out of luck this morning.

Don't blame your keyboard.

Public access to the Assembly and Senate web pages, and their bill information service, was denied because of a computer breakdown that lasted from about 8:45 a.m. to about 11:15 a.m.

Tracy Fong, a chief deputy director in the Legislative Data Center, said she did not know precisely what caused the breakdown but that public access resumed once technicians isolated the problem.

The temporary breakdown made the public unable to retrieve the text, analysis, and legislative votes regarding bills introduced in the current session or acted upon in years past.

The governor's office was not affected by the computer glitch. Other state agencies were not affected either, Fong said.

* Last updated at 11:20 a.m. to reflect resumption of public access.

Assemblyman Martin Garrick was quickly released from custody after being cited on suspicion of drunken driving last month because he was severely sick, an arrest report released Thursday shows.

Vomiting and suffering from stomach pains and diarrhea, the Solana Beach Republican could barely produce a measurable breath test. He eventually agreed to a blood test, which later revealed his blood-alcohol level was nearly twice the legal limit of 0.08 percent. California Highway Patrol officers released him into the custody of an Assembly sergeant-at-arms. Garrick's arraignment is scheduled for Aug. 15.

Three bicycle officers flagged him down June 15 just before 10 p.m. when they saw him speed past a stop sign at 11th and O streets. He eventually drove his state-owned vehicle into the Capitol garage before officers tracked him down as he left the car. They described Garrick as having "slurred mumbled" speech, a "strong" scent of alcohol and "red, watery" eyes.

Garrick told officers he had been eating spaghetti, meatballs and bread at a friend's house. The 6-foot-1, 180-pound Garrick said he had three glasses of red wine during the course of the previous three hours. He struggled through field sobriety tests.

The report says Garrick "denied feeling intoxicated at the time of the stop and stated he was driving expeditiously because he was having severe stomach pain and diarrhea."

Officers took him to Sacramento County's main jail to get a chemical sample of his breath, but ultimately had to take a blood sample.

The arresting CHP officer ultimately determined that "due to Garrick's condition and the possibility of an extended examination at a local hospital," a member of the Assembly's special services unit would provide for Garrick's safety, the report said.

PHOTO CREDIT: Assemblyman Martin Garrick, R-Solana Beach, talks with reporters at the Capitol in September 2010. (AP Photo/ Rich Pedroncelli).

The Capitol stinks - literally.

And that hold-your-nose situation today has nothing to do with the state budget.

Blame the skunk.

A wayward four-legged stinker wandered into the Capitol garage early this morning and decided to stick around for a few hours, leaving a distinct aroma that won't be mistaken for cologne. It was not clear whether the critter was Democrat or Republican.

CHP officers said the skunk entered the Capitol garage no later than 6 a.m. and ultimately curled itself into a ball near the governor's elevator, where it quietly waited about 8:45 a.m. for animal control officers to arrive and send it packing.

Eddie Wright, who provides information and shoeshines at the Capitol, said he was not aware of the skunk's visit but that he knew the odor filling the ground floor was not detergent.

"I can profusely smell it now," Wright said after being asked about the tiny, uninvited guest. "With every breath, I can smell it."

Assembly administrator Jon Waldie laughed when asked why he thought the skunk chose a Capitol visit.

"Maybe it thought Arnold was still here," he quipped.

The pitch to California voters was wrong in claiming that imposing legislative term limits would replace career politicians with "citizen legislators" who would serve at the Capitol and then return home to resume private careers, according to a new study.

Most lawmakers who left the Assembly and Senate in 2008 continued to work in public sector jobs, mirroring results from 1990, the year that term limits were imposed, the Center for Governmental Studies found.

"A majority of state legislators stay in government and simply move to other elected offices," said Tracy Westen, chief executive officer of the nonprofit, nonpartisan Los Angeles research group.

The study concluded by recommending that California modify its term limits from a maximum 14 years to 12 years, but allow all to be served in one house of the Legislature.

The lifetime ban against termed-out lawmakers returning to the Legislature also should be modified, perhaps allowing former members to seek office again four years after their departure, the study said.

Sixty percent of Assembly members who left the Capitol in 2008 remained in public-sector appointed or elected positions. The same percentage remained public sector employees after leaving between 1980 and 1990, the study found.

Among state senators, the percentage of departing lawmakers who remained in public sector positions was 40 percent in 2008, higher than the 30 percent between 1980 and 1990.

Sponsored by the James Irvine Foundation, the study found that the median age of lawmakers under term limits has not changed -- 57 in both 1990 and 2010 -- but the number of legislators in their 50s and 60s has risen while the number of members in their 20s and 30s and their 70s and 80s has decreased.

Assemblywoman Alyson Huber is eying a possible challenge to incumbent Republican Rep. Dan Lungren in 2012.

The two-term Assembly Democrat from El Dorado Hills confirmed to Capitol Alert that running for Congress next year is something that is "on my radar."

"I have not made a decision to do that, but I am looking at how redistricting is shaping up," Huber said Thursday. "Once we actually know where all the lines are and all the districts, I'm going to explore all my options."

Huber's prospects for election to a third term in the state Assembly could be tough under the map visualizations released by the Citizens Redistricting Commission. The latest versions would pit Huber against GOP Assemblywoman Beth Gaines in a district that would be be far more conservative than the swing district she has represented since 2008. But the congressional district currently represented by Lungren is shaping up to be more competitive under the draft maps, making the Gold River Republican's seat a likely target for Democrats again next year.

Huber did not indicate a time line for deciding whether she will run, besides saying she wants to wait until the commission finalizes its work on the state's new political district maps next month. She wouldn't be the only Democrat in the race -- Elk Grove physician Ami Bera, who lost a 2010 bid against Lungren, has already announced plans for another run at the seat. Huber's residence currently falls outside the district lines, while the latest visualizations put Bera living inside the district.

Editor's note: An earlier version of this post incorrectly said Bera lives outside the current district. The latest map visualizations put his Elk Grove residence in the district.

PHOTO CREDIT: Assemblywoman Alyson Huber, then a candidate, speaking at Rancho Cordova City Hall in October, 2008. Anne Chadwick Williams/Sacramento Bee

Vowing to fight for his reputation, Assemblyman Anthony Portantino had his private attorney demand Assembly spending and office budget records Thursday from leaders of his own Democratic Party.

Portantino claims he is falsely being blamed for overspending and that Assembly records will make it clear that his office budget was cut as punishment for voting against the controversial state budget crafted by Democratic leaders.

"I am not seeking or asking for this confrontation," he said. "My integrity was called into question falsely."

Portantino, who is termed out of office next year and has announced plans to run for Congress, said "there is no no question that this is a punitive action because of my votes."

"Every member of the Legislature ought to have the right to vote their conscience," said Portantino, D-La Cañada-Flintridge.

Despite California's budget crisis, the Assembly was able to squeeze out $13,650 to install the Assembly's official seal on members' doors in a project begun last winter and expected to be completed this week.

State Department of General Services employees have nearly finished installing 78 seals with 18-by-18-inch matte casings that can be opened to serve as signboards for lawmakers wanting to display political, patriotic or other messages to passers-by.

Assembly Speaker John A. Pérez, D-Los Angeles, and Majority Floor Leader Charles Calderon, D-Whittier, did not receive the $175 displays because their offices are located in the historic section of the Capitol where front doors are kept bare.

The purpose of installing seals was to create uniformity, ending the practice of Assembly members covering their door, from top to bottom, with budget protests or messages ranging from "Support The Troops" to "Don't Tax Tractors."

One goal, said Assembly administrator Jon Waldie, was to ensure that Capitol hallways "wouldn't look like a dorm."

Assemblyman Anthony Portantino complained today that his office's operating budget is being slashed as punishment for his voting no on the controversial state budget crafted by Democratic leaders.

Proposed cuts include placing all of Portantino's staff on leave without pay for more than a month.

The aides essentially would be furloughed from Oct. 21 through Nov. 30. They currently work in Portantino's district and Capitol office, and for the select committee on the entertainment industry that he chairs.

"This bizarre and unprecedented action is clearly intended to punish me for my vote and to discourage other Assembly members from performing their duties in a conscientious manner," Portantino, D-La Canada Flintridge, said in a written statement.

Slashing his budget would have a "detrimental effect" on district services and he will ask Assembly Rules Committee to reconsider, said Portantino, who will be termed out of the Legislature next year and is planning to run for Congress.

Portantino released a letter today from Assemblywoman Nancy Skinner, a Berkeley Democrat who chairs the Rules Committee, that warned him his budget could be cut as soon as Monday.

The letter, dated last Friday, said that Portantino's spending was projected to be in deficit by $67,179 by Nov. 30. Though he had received supplemental funding to cover the gap from January through June, no such money had been approved for the remainder of 2011, the letter said.

Skinner asked Portantino to submit a spending plan by Friday to correct his projected deficit.

If no such plan is received, or if it does not solve the problem, Skinner said that in addition to placing staff on leave without pay beginning Oct. 21, the following actions would be implemented immediately, beginning July 18:

• Portantino's mail could not be sent through the Assembly mailroom and stamps would not be issued to him.

• He could not order office supplies, furniture, equipment, or subscriptions to publications.

• Staff travel would be prohibited, including mileage reimbursement for driving within Portantino's district.

Skinner told The Bee that Portantino previously had been warned in April, long before last month's budget vote, that his office budget was in the red and that he needed to tighten his belt.

Skinner said she thinks it is "delusional" for Portantino to blame others for responding to his overspending. "Somehow he feels he's getting more Brownie points around being some kind of independent by sending (an accusatory) letter out," she said.

Robin Swanson, spokeswoman for Assembly Speaker John A. Perez, said "it would be unfair to other members to continue to subsidize Mr. Portantino beyond his office's approved budget."

"The Assembly simply could not continue to cover the spending gap and subsidize Mr. Portantino's overdrawn account," Swanson said.

Portantino said he has not overspent and that the size of his staff has remained relatively stable in recent years, when he has served as chairman of the Assembly Higher Education Committee and, later, the Revenue and Tax Committee. He no longer is leader of a major policy committee.

Portantino said that Perez and the Rules Committee targeted his office budget only after he bucked Democrats in March on legislation to cut redevelopment agencies, and in June, when he voted against the state budget.

Read the letters below:

Skinner Letter to Portantino

Portantino Response to Asm. Skinner 7-11-11

Better late than never?

Last Friday, both houses of the Legislature met very briefly -- just long enough to ensure that its members could take a three-day Fourth of July holiday while still receiving their $142-per-day, tax-free expense payments.

Around the Capitol, those brief Friday meetings are known as "per-diem sessions." Had legislators taken Friday off -- their usual practice -- in addition to Monday's Fourth of July holiday, they would have been out of session for more than three consecutive days -- and their expense payments would have been cut off.

Controller John Chiang has restored lawmaker pay dating back to Tuesday, the day of the budget passage, according to spokeswoman Hallye Jordan.

Rank-and-file lawmakers lost salary and living expenses of about $4,830 over 12 days. Chiang ruled last week that he would stop pay dating back to June 16 under his interpretation of Proposition 25, which voters approved last year to block legislative pay for late budgets and reduce the budget vote threshold from two-thirds to majority.

In his June 21 analysis, Chiang cited seven problems with the previous Democratic budget, particularly a $1.3 billion underfunding of K-12 schools and community colleges. He also said lawmakers had not passed all of the bills necessary to implement their plan. He determined that it was not balanced, and therefore, not sufficient to maintain pay.

Gov. Jerry Brown signed a new version of the Democratic majority-vote budget Thursday, and Chiang deemed the governor's signature good enough to reinstate lawmakers' pay.

It is not clear that lawmakers approved all of the bills to implement their plan this time. And Brown himself had yet to sign some of the major ones on his desk as of 3:30 p.m.

But Chiang does not believe he can weigh in once the governor signs the main budget bill, according to the Controller's Office. That's because the governor's Department of Finance makes its own assessment for budget balance when he signs the main budget legislation, Senate Bill 87.

PHOTO CREDIT: The California state Capitol in Sacramento, Thursday, Dec. 25, 2008. Michael Allen Jones / Sacramento Bee file photo

UPDATE 11:23 a.m. to include statements from Martin Garrick, Connie Conway, the California Highway Patrol.

California's former Assembly Republican leader was arrested on suspicion of drunken driving after his state car allegedly was observed speeding Wednesday night in downtown Sacramento.

Martin Garrick, R-Solana Beach, did not attend today's Assembly floor session but released a written statement, saying that driving after drinking alcohol is dangerous and apologizing for his "lapse of judgment." He was alone and headed home at the time, he said.

"I apologize to my family for the embarrassment I have caused them, and I hope they will forgive me for my actions," he said. "I also apologize to my constituents. They have the right to hold their elected representative to a high standard, and I regret that it was one I failed to meet last night."

"I will strive to never let them down again. Last night's incident was isolated, but it served as a stark wake-up call. I promise my family and my constituents in the 74th District that I will never drink and drive again."

Assemblywoman Connie Conway, a Tulare Republican who replaced Garrick as Assembly GOP leader this year, said she was unaware of the details but "my heart and prayers go out to Mr. Garrick and his family during this difficult time."

"We all understand how serious these situations can be," she said.

California Highway Patrol reports said that Garrick was spotted by bicycle officers traveling north on 11th Street at about 45 mph -- 20 mph over the posted speed -- shortly after 9:30 p.m. Wednesday.

Garrick failed to obey a stop sign at O Street, failed to acknowledge officers who were asking him to stop, and proceeded to make a right turn at N Street and drive into the Capitol basement, said Sean Kennedy, CHP spokesman.

The CHP bicycle officers followed Garrick to the Capitol, observed signs of intoxication, conducted field sobriety and chemical tests, then cited and released the legislator on a charge of drunken driving, Kennedy said.

Kennedy declined to discuss why Garrick was not booked into Sacramento County Jail. He said the law precluded him from elaborating other than to say it had nothing to do with his status as a state official.

Elected to the Assembly in 2006, Garrick will be termed out next year. He served briefly as Assembly GOP leader before stepping down last year.

Garrick's arrest Wednesday came hours after the Legislature approved a state budget, through a majority vote by Democrats, after months of bickering between the state's two major parties. Gov. Jerry Brown vetoed that budget plan today.

PHOTO CREDIT: Then GOP Assembly leader Martin Garrick, R-Solana Beach, Feb. 22, 2010 at the Capitol in Sacramento. Hector Amezcua / Sacramento Bee file photo

Here is the list of budget bills the state Assembly and Senate plan to take up today. Full language can be found at www.leginfo.ca.gov.

Senate:

2011 Trailer Bills Remaining 6-15-11 Annotated Final

Assembly:

Trailer Bill Package

Editor's note: This post was updated at 1:53 p.m. with a full list from the Assembly, which includes some bills not on the Senate bill.

The redistricting commission has just unanimously approved the draft of 80 new Assembly districts, creating more swing districts statewide and packaging three Sacramento-area Democrats in the same district.

A preliminary analysis of the draft districts by Bee database reporter Phillip Reese shows 51 would be considered safe for Democrats, 24 safe for Republicans and five in the swing category. That's an increase in competitive seats from the current district make-up, which has 52 safe Democratic seats, 26 safe GOP seats and only two swing districts.

Reese's formula for determining safe and swing districts applies current voter registration figures and the outcome of the Jerry Brown-Meg Whitman gubernatorial race last November. Districts that have a registration advantage for one party but chose a gubernatorial candidate of another party are considered swing. Of course there are other factors at play in particular districts that could increase the number of swing districts.

The Assembly maps approved today, which will serve as a starting point for further public comment, also have Democratic Assembly members Roger Dickinson and Richard Pan bunched with Davis Democratic Assemblywoman Mariko Yamada in a Sacramento-West Sacramento-Davis district.

Reese's analysis shows Yamada could move her home less than a mile south and find herself in a relatively safe Democratic district that has no incumbent and stretches across much of Solano County.

There's also now a heavily Democratic district covering Elk Grove and South Sacramento with no Assembly member currently living in it. Republican Assemblywoman Beth Gaines of Roseville remains in a heavily Republican district. GOP Assemblymen Dan Logue of Linda and Jim Nielsen of Gerber reside in the same proposed district.

Democratic Assemblywoman Alyson Huber of El Dorado Hills remains in an evenly divided district.

Republican Assemblyman Nathan Fletcher made official today his decision to run for San Diego mayor instead of seeking another term in the Assembly.

The two-term assemblyman cited his experiences in the Legislature and the U.S. Marines in formally announcing his 2012 campaign plans during a morning rally at a local medical device company.

"I'm running for mayor because despite the challenges we face, I see a bright future for our city, an amazing potential, and I want to lead us on that path," he said, according to his prepared remarks. "I have experience overcoming difficult challenges, have demonstrated an ability to lead and get things done, and I know San Diego can do better."

Fletcher might not be the only current state legislator on the ballot for the open seat. Sen. Christine Kehoe, D-San Diego, announced last week that she is opening an exploratory committee for a possible campaign.

A handful of high-profile local figures are planning or mulling a run, including San Diego District Attorney Bonnie Dumanis, Democratic Rep. Bob Filner and GOP City Councilmen Kevin Faulconer and Carl DeMaio.

Keeping it all in the family, Beth Gaines took the oath of office today for an Assembly seat previously held by her husband, Ted.

The Gaineses are the only husband-and-wife lawmakers currently serving in the Legislature, but others in recent years have included Republicans George and Sharon Runner of Lancaster, Republicans Tony and Audra Strickland of Moorpark, and Democrats Judy Chu and Mike Eng of Monterey Park.

Beth Gaines, a first-time candidate who has worked as a marketing consultant for a family-run insurance firm, will represent an Assembly district covering Alpine County and parts of Placer, El Dorado and Sacramento counties.

Gaines defeated Democrat Dennis Campanale, a retired firefighter, by about 11 percentage points in a special election this month in District 4, which tilts decidedly to the right.

The Roseville Republican supports a cuts-based approach to solving the state's budget crisis and has vowed to oppose extending income, sales and vehicle taxes that are due to expire this summer.

The District 4 seat has been vacant since January, when Ted Gaines won a special election for the District 1 Senate seat previously held by longtime legislator Dave Cox, R-Fair Oaks, who died last July.

PHOTO CAPTION: Beth Gaines is applauded by assembly members as she walks with her husband, Senator Ted Gaines before she is sworn into the Assembly on Thursday, May 12, 2011. Randy Pench/ Sacramento Bee

Legislative offices have been put on alert as teachers and other protesters gather at the Capitol to kick off a week of budget-related demonstrations.

The Assembly and Senate Rules Committees issued a joint memo Friday warning staffers that high turnout for the events "may have an impact on your daily work environment."

The recommended precautions range from being ready to handle higher-than-usual volumes of visitors, emails and calls to packing a lunch to avoid long security lines.

"Because of the volume of traffic, you should anticipate longer lines at the security checkpoints.There may be door closures in various places and times for security reasons. You should have your Capitol identification card with you at all times. You might also plan on bringing your lunch, rather than exiting and re-entering the building," the memo reads.

They weren't joking about the Capitol badges, by the way. Even Senate President Pro Tem Darrell Steinberg was subject to an ID check as he tried to cross the temporarily closed Capitol Rotunda this afternoon. Watch the video below and read the full memo after the jump.

Two prominent women lawyers' groups are the latest to lambaste Assemblyman Charles Calderon for what they said were inappropriate comments about California Supreme Court Chief Justice Tani Cantil-Sakauye at a committee hearing on Tuesday.

The Whittier Democrat, at the Assembly Judiciary Committee to push his controversial bill to decentralize control of California courts, said the issue wasn't about Cantil-Sakauye.

But he also said: "It isn't 'Is she nice?' 'Cause she is. 'Is she smart?' 'Cause she is. 'Is she attractive?' 'Cause she is. It isn't about that."

Sen. Noreen Evans, D-Santa Rosa, was the first to call him out, penning a letter that demanded an apology, noting that Cantil-Sakauye "should be taken seriously and not spoken about in such a dismissive and frivolous manner."

Then the Washington-based National Association of Women Judges and Sacramento-based California Women Lawyers piled on. Calderon's comments, the groups' presidents wrote in a joint letter, "were not only inappropriate, but degrading to all women."

The two groups also took offense with Calderon's explanation to the Los Angeles Times, in which he said he meant no disrespect and would apologize "if anybody misunderstood it."

"That accepts no responsibility for your remarks and strains credibility," the groups' letter to Calderon continued. "It is hard to believe that there is any way to 'misunderstand' what you said."

California Women Lawyers president Patricia Sturdevant said Friday that the group had gotten no response from Calderon. She said plenty of lawyers at a charity event Thursday attended by Cantil-Sakauye expressed anger about the incident. "If Calderon would own his speech and say he was sorry people wouldn't be so upset," Sturdevant said.

Cantil-Sakauye, who has not commented on the incident, "did not say a word" about Calderon's comments, Sturdevant said. "She's too classy," she said.

It's not the first time Cantil-Sakauye has been publicly praised for more than her judicial acumen. According to a Sacramento Lawyer magazine account of Cantil-Sakauye's February investiture celebration, former Third Appellate District Justice Arthur Scotland said Cantil-Sakauye was "a lot smarter" and "a lot better looking" than California's first chief justice.

Calderon could not be reached for comment Friday.

PHOTO CREDITS: Assemblyman Charles Calderon, D-Whittier, Aug. 31, 2010. Randy Pench/The Sacramento Bee. File photo of Tani Cantil-Sakauye.

Looks like chasing unicorns paid off for legislative Republicans after all.

The minority party scored a rare Capitol victory today when Senate GOP leader Bob Dutton's entrant won the 37th annual Capitol frog jumping contest.

Team Dutton's frog Unicorn -- the name is a reference to Assembly Budget Chair Bob Blumenfield's likening GOP budget proposals to chasing the mythical creature -- covered an impressive 10 feet 5 inches in three jumps when prodded by a Dutton staffer on the east Capitol lawn.

Not all the participants fared as well in the contest, which is a precursor to this month's Calaveras County Fair and Jumping Frog Jubilee.

GOP Sen. Ted Gaines, who emceed the event as Calaveras County's representative, expressed discontent with his Tax Cutting Toad's 5-foot-9-inch performance.

"Whew -- that's weak, man!" the Roseville Republican exclaimed after his frog's jump.

While Dutton aide Michelle Clarke took home the trophy for the main event, the real winner may have been the frog competing for GOP Assemblywoman Diane Harkey's office. HSF: High-Speed Frog rocketed out of the contest bounds and escaped into a nearby toad pond.

Perhaps the creature overheard the question jokingly posed by one legislator participating in the event.

"Do we get to eat them later?" asked freshman Assemblyman David Valadao, R-Hanford.

The answer, of course, was no.

See how Sen. Sharon Runner, R-Lancaster, (top) and Assemblywoman Bonnie Lowenthal, D-Long Beach, (bottom) fared in videos posted below:

"Aye" and "no" weren't the only votes California legislators cast last session.

State lawmakers missed or abstained from votes more than 48,000 times during the 2009-2010 session, an analysis by Bee colleague Phillip Reese found. That breaks down to roughly one out of every 12 votes cast. The review looked at both committee and floor votes, though floor votes made up 80 percent of the abstentions.

See a list of which legislators missed the most votes last session over at our sister blog, The Public Eye.

Editor's note: This post was updated at 5:40 p.m. to include a link to a new post with a response from the Assembly speaker.

Assembly Chief Sergeant-at-Arms Ronald Pane has given four legislators permission to carry concealed weapons in the state Capitol, according to two senior Senate staff members who have been informed of the decision.

State law prohibits carrying loaded firearms and deadly weapons in public buildings, except under limited conditions. A 2010 bill by Assemblywoman Cathleen Galgiani, D-Livingston, tightened the law, requiring that most holders of concealed weapons permits or other gun licenses get permission from the sergeants-at-arms of the state Assembly or the state Senate in order to bring their gun in the Capitol or legislative office buildings. Peace officers are exempt from the restrictions.

No such approval has been given in the Senate, where the Rules Committee has established a no-guns policy. Senate Chief Sergeant-at-Arms Tony Beard said while he respects the Assembly's judgment to establish its own security practices to best protect its members, it would take an "extraordinary situation" for him to give a member the OK to carry a concealed weapon in the building. He said his focus has been on how existing safety protocol and systems can be used to respond to threats and protect all members, staff and visitors.

Shortly after The Bee first reported the news, a spokesman for Assembly Speaker John A. Pérez said the Los Angeles Democrat had asked Pane to revoke the authorizations "pending a full review of safety and security measures."

As the Sacramento Bee reported this week, sergeants for the lower house have recently started carrying concealed weapons full-time while on duty.

Pane and a spokeswoman for Pérez, who directed the change in policy, said the move was intended to create continuity and enhance safety for members, staff and the public as a whole.

The measures, which come in the wake of the January shooting of Arizona Democratic Rep. Gabrielle Giffords, are in addition to existing security present at the Capitol, including armed California Highway Patrol officers and metal detectors and security stationed at building entrances.

The state Assembly has stepped up its security measures, ordering more than a dozen sergeants-at-arms to carry guns while on the job.

"Please be advised that as of March 31, 2011, the Assembly Sergeants-at-Arms Security Division will be carrying department-issued Smith & Wesson .40 caliber semi-automatic weapons full-time while they are on duty for the Assembly," Assembly Chief Sergeant-at-Arms Ronald Pane wrote in a March 31 letter to Senate Chief Sergeant-at-Arms Tony Beard, Jr.

Sergeants-at-arms, whose duties include protecting legislators and monitoring floor sessions, are far from the only layer of security at the Capitol. California Highway Patrol officers are already stationed at the Capitol, patrolling the building and grounds 24 hours a day, and visitors and staff must go through metal detectors and screenings upon entering the Capitol.

Pane said the move is not a response to current threat levels or a demonstrated need for more security, but meant to establish continuity in security policy and enhance "safety here at the Capitol." He said the Assembly's security personnel are already armed during large events at the Capitol and times when threat levels are high.

"We've been carrying weapons for years, but now we're carrying them a little more than part-time," he said in an interview, adding that the change will not require the purchase of new guns. "We just thought professionally and as far as providing the service we need to do it full time."

The policy affects roughly 17 employees, all of whom were trained at police academies and subject to peace officer standards training set for California law enforcement officials, he said.

Beard said while the subject of arming Senate sergeants-at-arms full time has been discussed over the years, any change in policy would require action by the Senate Rules Committee.

Assemblyman Dan Logue was rebuked today in the Assembly for angrily tossing 800 pages of state regulations onto the floor during debate on a bill to bolster renewable energy requirements.

Before littering the floor, the Linda Republican said businesses are so overregulated that many are leaving California. Increasing renewable energy requirements would make matters worse, Logue said.

"They're not going to take it any more," Logue said, shortly before lifting from his desk an 800-page stack of regulations regarding a timber harvesting permit.

Logue tossed the papers onto the Assembly floor and said, "This is what you've done to the state of California."

Immediately, Logue's comments were disrupted by Assembly Majority Leader Charles Calderon, D-Whittier.

"The request was to use materials on the floor -- not to throw them all over the floor," Calderon said.

Logue apologized for his behavior, but added, "I don't apologize for the fact that this body has created a climate of business hostility that is second to none."

The Assembly passed the bill, SBx1 2, and sent it to Gov. Jerry Brown.

Logue voted no.

PHOTO CREDIT: Assemblyman Dan Logue, R-Linda, works on the Assembly floor on Monday, Feb. 8, 2010. Hector Amezcua / Sacramento Bee file photo

Months after taking office, Jeff Gorell is leaving the Assembly today - for a military deployment to Afghanistan.

The Camarillo Republican, a lieutenant commander in the Navy reserve, previously was deployed to Afghanistan shortly after the 911 attacks on the World Trade Center.

"I felt very safe when I was there before. and I hope I'll feel the same way when I'm there this time," Gorell said when asked about dangers inherent in his "boots on the ground" job as an intelligence officer. "I'll see when I get there."

Gorell, a 40-year-old freshman who was sworn into office in December, has introduced 15 Assembly bills, most of which have joint or co-authors who will shepherd them through policy committees while he is gone, he said.

"It's frustrating to be gone from my family and from the job I've grown to love, but I've laid a lot of groundwork with my legislative package and with joint authorship with other members," he said.

Gov. Jerry Brown has invited him to discuss big-picture reform issues and to lobby him for a signature on his key bills, if they pass the Legislature during the Afghanistan deployment, Gorell said.

Gorell will spend part of today on the Assembly floor, fly to his Camarillo home late this afternoon, then undergo temporary training in California and at Fort Dix, New Jersey, before heading to Afghanistan.

Gorell's constituent work in Kern, Los Angeles and Ventura counties will be overseen by his district director, Ernie Villegas, former mayor of Fillmore in Ventura County.

"I hope to come back and prove to my constituents and to my community that I've had an incredibly successful legislative session," said Gorell, who is married and the father of two young children.

Gorell, who opted not to accept a state-leased vehicle when he joined the Assembly, will receive no legislative pay or per diem during his yearlong deployment.

PHOTO: Assemblyman Jeff Gorell, R-Camarillo, waits to be sworn in with wife Laura on the Assembly floor Dec. 6, 2010 in Sacramento. Hector Amezcua/The Sacramento Bee

Legislative leaders have put their members "on call" for potential budget action this weekend, asking them to stay within several hours of the Capitol. One member will have a substantially longer trek if an accord is reached.

Assemblyman Curt Hagman, R-Chino Hills, is spending the weekend in China on a "pre-planned, personal trip," his office confirmed today.

Hagman's chief of staff, Mike Spence, said the Republican floor leader had informed Assembly leaders of his travel plans and was prepared to cancel if a vote had been scheduled for yesterday or today.

Spence declined to provide additional details on the assemblyman's travel, saying it is a "personal ... not state-related" trip.

Spence said Hagman, who also missed Thursday's floor session, is expected back in Sacramento in time for Monday's floor session and would attempt to return sooner if necessary.

"If there is a budget vote, he will be back to vote," Spence said.

PHOTO CREDIT: Assemblyman Curt Hagman. Hector Amezcua / Sacramento Bee file photo

A local group of Sacramento-area investors should be sought to buy the Sacramento Kings and ensure that the team does not leave town, Assemblyman Roger Dickinson said today.

Dickinson said it is obvious that the Maloof family is exploring the possibility of relocating the team to Anaheim, negotiations likely to leave a sour taste in Sacramentans' mouths even if they fail.

"It's very hard to win back public support for an ownership group that has indicated they're no longer interested in being in town," said Dickinson, a Sacramento Democrat who was instrumental in bringing the River Cats baseball team to the area.

Joe Maloof has said in the past that the family has no intention of selling the Kings.

A former collegiate basketball player, Dickinson said he came to the conclusion that a change of Kings ownership was necessary in 2006, when the Maloofs' relationship with local officials soured and voters rejected a sales tax increase to fund a new arena.

Dickinson said he told National Basketball Association consultant John Moag that year that "a change of ownership" would be needed to keep the team in Sacramento and create a more positive environment.

Dickinson's comments about local ownership came during a question-and-answer session with The Bee's Capitol Bureau. He said he was not soliciting investors and was not aware of any such group coming together.

The freshman lawmaker likened the Kings situation to that of the San Francisco Giants in 1992, when a group headed by Safeway chairman Peter McGowan purchased the team to keep it from moving to Florida.

In San Francisco, the local ownership group eventually constructed a new stadium, largely with private funds. In Sacramento, local ownership also could boost prospects for financing a new Kings arena, Dickinson said.

"In all respects, getting a new building would be enhanced by having local ownership that's committed to Sacramento," he said.

To keep the Kings in Sacramento, perhaps the city could sue - but that's not an ideal long-term solution, Dickinson said.

"Assuming you have the same ownership which has demonstrated its interest in not being in your town, if you succeed in keeping them - what have you got?"

Assemblyman Anthony Portantino will lay the groundwork for a 2012 congressional campaign with a Sacramento fundraiser next week.

The Southern California Democrat has not officially announced his candidacy, but e-mail invitations tout Tuesday's event as his "Official Congressional Campaign Sacramento Kick Off."

Portantino, D-La Cañada Flintridge, will be termed out of the Assembly in 2012 and plans to run for the seat currently held by Republican U.S. Rep. David Dreier, chairman of the House Rules Committee.

Portantino's Sacramento fundraiser will be at the home of Jay Hansen, chief strategy officer for the California Medical Association. Supporters are asked to contribute $50 to $500.

Portantino served last year as head of the Assembly Committee on Revenue and Taxation.

Six Democrats and four Republicans were named today to the two-house budget conference committee.

Senate President Pro Tem Darrell Steinberg appointed five senators to represent his house on the committee:
• Mark Leno, a San Francisco Democrat who chairs the Senate Budget Committee
• Alan Lowenthal, D-Long Beach
• Gloria Negrete McLeod, D- Chino
• Bill Emmerson, R-Hemet
• Bob Huff, R-Diamond Bar

Assembly Speaker John A. Pérez today named five members to represent the Assembly:
• Bob Blumenfield, a Woodland Hills Democrat who chairs the Assembly Budget Committee
• Felipe Fuentes, D-Sylmar
• Nancy Skinner, D-Berkeley
• Jim Nielsen, R-Gerber
• Diane Harkey, R-Dana Point

The five Assembly members will join their Senate colleagues in attempting to iron out policy differences regarding the budget proposed by Democratic Gov. Jerry Brown.

Assemblyman Michael Allen will remain on the Assembly Legislative Ethics Committee despite conceding a violation of the state's Political Reform Act and accepting a $3,000 fine from the state's political watchdog agency.

Assembly Speaker John A. Pérez said last week that the first-year legislator's violation was unintentional, occurred prior to his election to the Assembly, and that he will not be replaced on the six-member ethics panel.

"He has accepted responsibility for his mistake, which is why he agreed with the (Fair Political Practices Commission) with respect to their decision," Pérez said in a written statement.

"He will continue to serve on the Ethics Committee knowing that this episode will help to remind every member to remain constantly vigilant against taking actions that could be perceived as a conflict of interest," Pérez said.

Allen and the FPPC negotiated a settlement in which the lawmaker conceded last week that he had "violated the Political Reform Act by failing to disqualify himself from two governmental decisions in which he had a financial interest."

Budweiser's latest Super Bowl commercial isn't the only video featuring Elton John's "Tiny Dancer" making the rounds on the Web this week.

A clip of Assembly Democrats, including Speaker John A. Pérez singing along to the famous tune (a la "Almost Famous") has surfaced. The video was taped on Election Day, during a final stretch statewide bus tour to boost Assembly Democrats on the ballot. Defying national trends, Democrats held on to (and in two cases picked up) all the districts on the tour. Perhaps serenading voters for support was part of the strategy?

The video, which was produced by Reelpolitik Campaign Media, was taken offline yesterday afternoon, but reappeared under a different YouTube feed today.

Watch it here:

Assembly Speaker John A. Pérez today appointed Assemblyman Anthony Portantino to the California Film Commission.

The La Cañada Flintridge Democrat, who chairs the Assembly Select Committee on the Preservation of California's Entertainment Industry, has been tapped to fill a term of up to four years on the commission. He fills a vacancy reserved for legislators.

"I know through his service on the California Film Commission Assemblymember Portantino will continue to provide strong leadership to help keep film production and jobs here in California where they belong," Pérez said in a statement.

Portantino isn't the only familiar face around the Capitol joining the film commission in recent weeks. Former Gov. Arnold Schwarzenegger named former Press Secretary Aaron McLear to the commission shortly before leaving office.

PHOTO CREDIT: Portantino file photo, Associated Press.

Assembly aide Sean MacNeil will be fined $2,000 for failing to report income received in 2007 from the campaign committee of former Democratic state Sen. Pat Wiggins, according to the Fair Political Practices Commission.

MacNeil was chief of staff to the Santa Rosa Democrat when the violation occurred and currently serves in the same capacity for Assemblyman Michael Allen, D-Santa Rosa, the FPPC said.

The agency is scheduled to approve the fine Feb. 10 as part of a stipulated agreement with MacNeil.

The fine amounts to the same sum that MacNeil received in March 2007 from Wiggins' Senate campaign committee and failed to report on that year's required statement of economic interest, according to the FPPC.

Six years ago, MacNeil was fined $4,000 by the watchdog agency for signing two of Wiggins' financial disclosure statements when he was not authorized to do so.

Assemblyman Michael Allen will be fined $3,000 for violating state conflict-of-interest law while serving as a Santa Rosa planning commissioner, according to an agreement reached between Allen and the state's political watchdog agency.

The Fair Political Practices Commission is scheduled to act Feb. 10 on its agreement with the Santa Rosa Democrat.

The violations occurred in August 2009 when Allen, district director for former Sen. Pat Wiggins, D-Santa Rosa, voted as a city planning commissioner to adopt two resolutions supporting rezoning of Sonoma County Water Agency property on West College Avenue in Santa Rosa, according to the FPPC.

Allen had served as a paid consultant for the Sonoma water agency to study the feasibility of converting buildings on its 7.4-acre West College property into housing, to conduct outreach efforts, and to work with the city of Santa Rosa in targeting the property for rezoning, the FPPC said.

Allen's votes "directly advanced the goal of" getting the West College property rezoned, according to the FPPC.

Allen was elected to the Assembly last November, more than a year after the incident.

PHOTO CREDIT: Michael Allen, Sept. 10, 2008. The Press Democrat file photo / Jeff Kan Lee

Three Republicans emerged publicly last week as the unlikely allies of unionized in-home caregivers and recipients who oppose Gov. Jerry Brown's proposal to slash subsidized in-home care.

One of them -- Assemblyman Brian Nestande -- says he believes private agency management could contain the costs.

Nestande told the Bee that he's working on ideas he would like to introduce to a budget committee or present directly to Brown as alternatives to cuts in hours and tighter eligibility requirements.

Nestande, of Palm Desert, was one of three GOP legislators who spoke at a Capitol rally Thursday against the Democratic governor's proposed cuts to In-Home Supportive Services.

"I want to see what other states are doing with IHSS programs," Nestande said Friday in an interview. "I want to find the best way. It may be an agency-based model."

Assemblyman Tim Donnelly took his budget-cutting message national today on the Fox Business show "Varney & Co.," telling host Stuart Varney that Gov. Jerry Brown's spending plan perpetuates "cradle-to-grave, nanny state government."

Donnelly is getting mileage out of his video last week, produced by the Assembly GOP, in which he literally shreds part of Brown's budget proposal. As The Bee's Jack Chang reported, Donnelly took some liberties with the facts.

Fox-Biz host Stuart Varney tried in vain today to get lure Donnelly into addressing whether he's willing to hold out on the budget until the state is forced to issue IOUs. Donnelly, a freshman lawmaker, didn't take the bait.

"We can't support people cradle to grave, and that's what we have right now," he said.

Donnelly said the $12 billion in cuts Brown has proposed is "a good start," but clearly not enough. "He's just trimming around the edges," he said. "We really need to dig in and start talking about eliminating entire departments."

Varney suggested Donnelly should realize that Democrats won the elections in California and suggested he should compromise.

"There's a whole other group of voters that voted for me," Donnelly responded. "Some people would say they let the wrong guy in the building. Well, you know what? I'm going to make our voice heard and try to drive the debate to taking a look at the proper role of government."

Assemblyman Das Williams chose to report to the Capitol as usual Monday - rather than honeymoon with his bride.

"I'll go on a honeymoon when the budget passes or when we're on track to fix the fiscal crisis," the Santa Barbara Democrat said, smiling.

Williams, 36, married 23-year-old Jonnie Reinhold in what he called a "no frills," family-only ceremony Saturday overseen by his local pastor.

Politics is as responsible as Cupid, perhaps, for bringing the two together.

Williams, a freshman legislator, said he was campaigning for the Assembly seat at a health fair when he met Reinhold, who was giving swine flu shots at the event and works as a community health clinic program developer.

The two dated for about a year before Saturday's wedding, Williams said.

Rhetoric is heating up over Gov. Jerry Brown's budget proposal, and the attacks and counter-attacks are flying. That means some fact-checking is in order.

We'll examine claims made in the budget debate and correct the record where needed.

Today's inaugural offering: Freshman Republican Assemblyman Tim Donnelly's online video from last week, arguably the strongest statement so far on the budget.

Assemblyman Tim Donnelly's Take On The Governor's January Budget Proposal* from CA Assembly GOP on Vimeo.

In the nearly five-minute video, Donnelly slams Brown's budget proposal for being bloated and literally rips and shreds sections of it. In his commentary, he misrepresents a key element of Brown's budget plan and what two state agencies do.

Better late than never?

The Senate and Assembly passed identical resolutions today setting a date to honor Dr. Martin Luther King Jr.'s leadership of a 1960s civil rights movement that "helped change public policy from segregation to integration."

The measures were passed as part of various other King-related events, including an appearance by Gov. Jerry Brown at a breakfast hosted by the California Legislative Black Caucus.

Legislative aides said the Senate and Assembly resolutions were ceremonial, noting that King already is the focus of a national holiday.

Here's the rub: Both resolutions designate the same date for honoring King and for performing community service in his memory -- Jan. 17, 2011.

Three days ago.

PHOTO CREDIT: Members of the Boys & Girls Clubs of Wake County grab hold of their signs before participating in the 31st annual Martin Luther King Jr. Memorial March in downtown Raleigh, North Carolina, Monday, January 17, 2011. (Ted Richardson/ Raleigh News & Observer/ MCT)

Assemblyman Gil Cedillo's challenge of a 2009 pay cut totaling millions in pay and benefits for legislators and other California elected officials was rejected today by a state agency.

The Victim Compensation and Government Claims Board sustained a staff recommendation in turning thumbs down. The action was taken without comment as part of the consent agenda.

Cedillo said that he expected his claim to be rejected by the state and that he plans to pursue his fight by suing.

The Los Angeles Democrat contends that the California Citizens Compensation Commission exceeded its authority by reducing pay and benefits by 18 percent, a cut that went into effect in December 2009.

Specifically, Cedillo's claim argues that the panel has no control over per diem and car allowances; that cutting officials' pay mid-term is unconstitutional; and that it did not give adequate consideration to time spent on the job and to pay for similar positions in the public and private sectors.

Cedillo also contends that Gov. Arnold Schwarzenegger used the possibility of a pay cut - the commission consists entirely of gubernatorial appointees - as leverage in an attempt to extract budget concessions from legislators. Schwarzenegger, through an aide, has denied Cedillo's accusation.

Cedillo, who is seeking back pay for elected officials affected by the 2009 pay cut, said last week that his challenge is a matter of principle because state commissions must abide by the law. He said his challenge would benefit colleagues but that he is not acting at their behest or in conjunction with them.

Asked who will pay the attorneys fees in a court fight, Cedillo said simply, "We'll figure that out."

Besides California's 120 legislators, Cedillo's claim would affect the state's constitutional officers - ranging from governor to schools superintendent to members of the state Board of Equalization.

The 2009 pay cut sliced legislative salaries from $116,208 to $95,291, and it chopped per diem from $173 to $142 per day. The latter is a stipend given to lawmakers while the Legislature is in session to defray living expenses while they are away from home in Sacramento.

Other state elected officials also saw their pay reduced by 18 percent -- for example, gubernatorial pay fell from $212,179 to $173,987, and Board of Equalization salaries dropped from $159,134 to $130,490.

* Updated at 1 p.m. with reaction from Assemblyman Gil Cedillo.

The father of Luis Dos Santos, the college student who was killed in a fight that involved the son of former Assembly Speaker Fabian Núñez, has told a Los Angeles radio station that he received a letter of apology from former Gov. Arnold Schwarzenegger.

On Jan. 2, his last day in office, Schwarzenegger reduced the prison sentence of Esteban Núñez from 16 years to seven. Esteban Nunez pleaded to manslaughter in the killing of Dos Santos and assault with a deadly weapon for stabbing another man during a drunken fight at San Deigo State University in 2008.

Fred Santos, the father of the slain man, told radio station KNX 1070 this morning that Schwarzenegger sent him a letter apologizing for not notifying the Santos family that Nunez's sentence was being commuted.

"We received a letter last Saturday from our former governor saying that he acknowledges that he did not give us any notice of what he was planning to do," Santos said in the radio interview.

"We do not believe the sincerity of the apology. We do thank him for writing the letter but if there were not any outrage over his actions we do not think we would have received this letter."

Santos also told the station that his family is talking to lawyers and considering a lawsuit.

"We think our constitutional rights as victims have been violated because we were not notified of the actions prior to this, as we were supposed to," Santos said.

Listen to the whole interview here. The letter, obtained by KNX, is posted below.

Santos Letter

Assembly Speaker John A. Pérez today announced committee and Democratic leadership assignments for the new session.

Many chair and vice-chair posts vacated by termed-out members were filled by members of the freshman class, while most returning committee chairs retained their posts.

In several exceptions, new legislators were given the gavel of a returning member:

• Freshman Assemblyman Henry T. Perea, D-Fresno, replaced Assemblyman Anthony Portantino, D-La Cañada Flintridge, as chair of the Revenue and Taxation Committee.

• Assemblywoman Nora Campos, D-San Jose, replaced Assemblyman Mike Davis, D-Los Angeles, in the top post on the Arts, Entertainment, Sports, Tourism and Internet Media Committee.

• Assemblyman Ricardo Lara, D-Bell Gardens, was appointed chair of the Joint Legislative Audit Committee, with former chair Alyson Huber, D-El Dorado Hills, shifting over to chair the Joint Sunset Review Committee, a panel created by a bill she authored in the last session.

Republican members retained chairmanship of two committees -- Local Government and Veterans Affairs -- continuing a move intended to show bipartisanship Pérez made when he was sworn in as speaker earlier this year.

The new lineup also included some changes in budget subcommittee responsibilities. The transportation and natural resources subcommittees have been combined, while the California Highway Patrol and courts and corrections systems were shifted out of the State Administration subcommittee's purview and into a new subcommittee on public safety funding.

All budget subcommittee chairs were also assigned to a Subcommittee on Budget Process, Oversight and Program Evaluation, a move staff said was intended to increase oversight and accountability in state spending.

Pérez elevated new members Michael Allen of Santa Rosa, Toni Atkins of San Diego and Roger Hernández of West Covina to vacancies in the Assembly Democratic leadership. Assemblyman Mike Gatto, D-Los Angeles, was assigned assistant speaker pro tempore, a spot previously held by Assemblyman Isadore Hall, D-Compton.

Click here to see the full list of committee assignments. The full list of Pérez's Democratic leadership assignments are posted here.

Assembly Republican leader Connie Conway of Tulare announced her picks today for Republican leadership posts in the lower house.

Conway named Assemblyman Brian Nestande, R-Palm Desert, to the No. 2 post of caucus chair, a role Conway herself filled until mid-October under former leader Martin Garrick.

Two freshman members -- Assemblywoman Kristin Olsen, R-Modesto, and Assemblyman Brian Jones, R-Santee, are among the nine Republicans tapped for leadership posts in the 28-member caucus.

See the full list after the jump.

Ideologically, they're miles apart, but it looks like two state legislators on opposite sides of the immigration policy debate will be working very closely together this session.

In physical proximity, at least.

Assemblyman Gil Cedillo, D-Los Angeles, and Assemblyman Tim Donnelly, R-Twin Peaks, have been assigned adjoining desks on lower house's 80-member floor.

Cedillo, a former Democratic state senator and Latino Caucus chairman, is known for pushing immigrant-rights legislation, including a bill to allow driver's licenses for undocumented immigrants. Donnelly, who founded the Minuteman Civil Defense Corps of California in 2005, has introduced as his first bill legislation modeled after Arizona's controversial anti-illegal immigration law.

Though they don't see eye to eye on the issue, both members were quick to sing the praises of their new neighbor in the chamber.

Cedillo, who met Donnelly during new member training, called his desk counterpart a "lovely man" who is "very sincere, a man of conviction and faith and a man committed to service to the state."

"We obviously don't have the same point of view, but I think we have sincerity in our beliefs and we can't question that," Cedillo said.

Donnelly countered by calling Cedillo a "real gentleman."

"He and I don't agree at all on illegal immigration, but we agree that something radical needs to be done to solve this problem," Donnelly said.

See the full Assembly seating chart here. The Senate chart, published in today's Daily File, will be added once we have it scanned and uploaded.

Bee colleague Jim Sanders contributed to this report.

By Torey Van Oot

Assemblywoman Connie Conway has been elected leader of the Assembly Republican Caucus.

The caucus' 28 members, including 11 freshman members elected Tuesday, unanimously voted to elect Conway, of Tulare, to the post after Republican leader Martin Garrick decided to step down.

The change in leadership comes just days after Assembly Republicans lost control of a state legislative seat held by the GOP for more than twenty years. In an election marked by gains for Republicans nationwide, the caucus failed to pick up any seats in the state Assembly.

After emerging from the caucus, Garrick, who was named Assembly GOP leader only in January, said the defeat in Assembly District 5 was not the reason he stepped down. He said he felt it was time to focus on committee work and legislation he hopes to accomplish in his last two years in office.

"Connie showed leadership and was ready to lead," he said.

Conway said she was "very honored" to win the post. "I have such great examples to look up to... the leaders before me, including this great leader that I'm standing with right here, who will remain at my side," she said, standing next to Garrick.

Conway said the caucus will "stick to the principles that are so important to each of our caucus members, the Republican principles."

Conway said she has not yet scheduled a meeting with Gov.-elect Jerry Brown, though Brown's staff had contacted both her office and Garrick's yesterday about today's visit to meet with leaders in the Capitol.

This post was updated to clarify a quote from Conway.

Newly elected Republican Assemblyman Jeff Gorell is bracing for war - literally.

The 39-year-old Camarillo resident hardly will have time to take his Capitol seat before he bids goodbye to it.

Gorell announced days before Tuesday's election that he is headed to Afghanistan in March as a lieutenant commander in the Navy Reserve.

He easily won election in a district stretching through Ventura, Kern and Los Angeles counties, though Gorell will be overseas for 12 months - half of his first Assembly term.

Now what?

"I didn't anticipate this, and it's obviously a challenge," said Gorell, whose name was on the ballot from winning the June primary before he learned of his deployment.

"I'm working really hard to put together a well-thought-out plan to ensure that my district has a voice in Sacramento," he said.

One possibility is to propose legislation that would allow a temporary replacement - perhaps he could propose a fill-in Assembly member for appointment by the governor and maybe confirmation by the Senate, Gorell said.

California currently does not permit an appointed fill-in for a deployed lawmaker, but provisions of the state Military and Veterans Code ensure that Gorell can regain his seat upon return and mentions the possibility of a temporary replacement if the state opts to authorize it.

"Any vacancy created by such absence may be filled by a temporary appointment, as provided by law," the statute reads.

Assembly GOP leader Martin Garrick has stripped Assemblywoman Connie Conway of her leadership role as the second-ranking Republican in the Assembly.

Garrick had named Conway as caucus chair after he edged her out in January as the Assembly Republicans' pick to replace former leader Sam Blakeslee.

"You serve at the leader's discretion so he can change his team whenever he wants, and I certainly respect that," Conway said in an interview today.

The Tulare Republican said she enjoyed her leadership post and looks forward to focusing on the Nov. 2 election and continuing to be active in the caucus when the Legislature reconvenes in December.

Garrick's office has not publicly given a reason for the shake-up, but chatter of a late-night push to gather support for Conway replacing Garrick as Republican leader filled the chambers during the marathon budget session earlier this month. Conway said it wasn't unusual for the rumor mill to churn during the all-night session, which she called "a very intense evening."

"I was very focused on the task at hand in my role as caucus chair, trying to rally the members (for votes)," she said.

The caucus chair is tasked with "(assisting) the Leader in advancing the Republican policy agenda, and achieving the Caucus' political goals," says the Assembly Republicans' website.

Garrick's office has not named a replacement for Conway.

FILE PHOTO: Assemblywoman Connie Conway, R-Tulare

Reporters can resume using recording devices in Assembly chambers, Assembly Speaker John A. Pérez said today.

The Bee's Jim Sanders wrote in today's Bee that Assembly sergeants-at-arms recently began confronting credentialed reporters who were recording or videotaping official business.

Assembly leaders in late July sought to reinforce old rules on the books, ranging from a dress code requiring women to wear a coat or sweater to enter the chamber to a rule allowing reporters to record only when granted permission.

The Assembly already suspended the dress code rule amid controversy, and Pérez has now directed sergeants not to enforce the recording policy.

"As I have consistently said, the public's business should be done in the most public way," Pérez said. "I am directing that media use of tape recorders in the Assembly chambers be allowed to continue as it routinely has been."

Majority Leader Charles Calderon, D-Whittier, told Sanders he wanted better enforcement of existing Assembly rules to "bring more predictability and more stability to how the house runs."

Disallowing routine tape recording of legislative conversations or floor debate does not necessarily inhibit the media, Calderon said.

"I don't think so, because there was a time that reporters didn't have tape recorders - and they used to be able to report. I think reporters are professionals, and they're pretty good at their craft."

The California Assembly is learning the hard way: Telling women what to wear is not easy.

Two days after Assembly sergeants-at-arms began notifying women that they must wear a coat and sweater to enter the chamber floors, the house suspended its policy Friday amid confusion and controversy.

Ronald Pane, sergeant-at-arms, said the policy has been shelved until Assembly leaders can decide how best to fill in the gaps of a longstanding rule requiring "appropriate business attire" on the Assembly floor.

A recent memo by Assembly leaders elaborated by saying that men must wear a coat and tie.

The memo did not specify appropriate women's wear, but on Wednesday, Assembly officers were notifying female visitors and aides that they need to wear a coat or sweater to enter the floor.

A California lawmaker is asking Gov. Arnold Schwarzenegger to intervene in an attempt to keep a San Joaquin County man once convicted of three murders from being released from prison.

Assemblywoman Cathleen Galgiani is fighting the planned parole next month of Loren Herzog, shown left, who is now in his mid-40s, who was convicted in December 2001 of a multiyear murder spree that killed Cyndi Vanderheiden and two others.

A companion in the killings, Wesley Shermantine, is lodged on death row but Herzog's murder convictions and 78-year prison term were thrown out on appeal for alleged violation of his rights during police interviews.

Herzog, in a plea bargain, later admitted committing voluntary manslaughter and was sentenced to 14 years in prison, reduced by time already served in county or state custody. His stint is nearly over.

A legislative hearing today will examine a controversial UC Berkeley program in which new students are being asked to spit in a tube so the university can test their DNA.

Campus officials describe "Bring Your Genes to Cal" as an orientation project designed to introduce new students to Berkeley's intellectual rigors. Each year the college chooses a theme that new students and faculty will explore from various perspectives. This year's theme is personalized medicine. Instead of assigning students a book to read, the university sent them DNA kits over the summer and asked them to submit a saliva sample. The samples will be tested for three genes -- those involved in breaking down lactose, metabolizing alcohol and absorbing folates.

The program is optional for students, and their saliva samples are anonymous -- students are the only ones who will have access to the results of their tests, using a bar code number. Still, the project has drawn criticism from some bioethicists and genetic watchdog groups, including the Center for Genetics and Society in Berkeley and the Council for Responsible Genetics, in Massachusetts.

Today's hearing by the Assembly Higher Education Committee will include testimony from university representatives as well as bioethical experts.

The hearing takes place at 1:30 p.m. in room 437 of the Capitol.

The Los Angeles Daily News reports:

Keith Richman, a former California assemblyman and leader in the San Fernando Valley's failed secession movement, was gravely ill Thursday at Ronald Reagan UCLA Medical Center, friends and associates said.

Richman, 56, has fought brain cancer for more than a year.

Richman represented the 38th Assembly District until 2006.

Fresh off his failed Board of Equalization bid, former GOP Assemblyman Alan Nakanishi is launching another campaign for elected office.

The 70-year-old ophthalmologist is planning a run for a seat on the Lodi City Council.

"I am going to run. I've lived in Lodi for 40 years and care about the community, ... the schools, parks, and safety," he told the Stockton Record.

Nakanishi served on the city council before being elected to the 10th Assembly District in 2002. He lost a four-way primary in June for the Republican nomination for the Board of Equalization District 2 seat to state Sen. George Runner.

Read the full Record story here.

PHOTO CREDIT: Alan Nakanishi, Sacramento Bee file photo, May 2010

Legislation aimed at commemorating the centennial of former President Ronald Reagan's birth won final approval in the state Assembly today, but not without controversy.

Assemblywoman Lori Saldaña, D-San Diego, complained that by creating a commission to develop "appropriate means" of marking Reagan's birth in 1911, the state would be wasting money during a period of austerity. She also criticized Reagan as an opponent of government.

Saldaña, however, did not vote against the legislation, Assembly Bill 1911 by Assembly Republican leader Martin Garrick of Solana Beach, as it was sent to Gov. Arnold Schwarzenegger's desk on a 70-0 vote.

Reagan is the only man to serve as both governor of California and president, winning the first of two terms in the former office in 1966 and the presidency in 1980. He died in 2004.

The nine-member commission includes the four top legislative leaders, one member appointed by the governor and four named by the Ronald Reagan Presidential Foundation. The celebration it would devise could not use any public funds.

In case you missed it:

The ballot battle over the $11.1 billion water bond is already heating up.

And plans are in the works for the first gubernatorial debate of the general election.

Federal health care legislation is expected to deliver another hit to California's budget.

The Assembly approved a measure urging Congress to repeal the military's "don't ask, don't tell" policy.

The lower house also approved a bill allowing felons to qualify for food stamps.

The Fair Political Practices Commission fined a CalPERS board member for violating disclosure requirements for the third time in four years.

Mexico's six border governors will boycott the 28th annual U.S.-Mexico Border Governors Conference if it is held as scheduled in Phoenix as a protest of Arizona's new immigration law.

Steve Poizner is using Pete Wilson's words to attack Meg Whitman in new Spanish-language radio spots.

Two Republican members of an Assembly subcommittee have joined a largely Democratic move to stop a $41.6 million plan to fingerprint recipients of subsidized in-home care.

A federal judge has granted a request to put the SD 15 special primary on hold until a hearing next week in a lawsuit seeking to delay the election.

Election officials in the county affected by the suit say they're still trying to get ready.

Just because Mickey Kaus is challenging Democrat Barbara Boxer in the primary doesn't mean he has a beef with her.

In tomorrow's Bee:

Kevin Yamamura reports that one of the proposals expected in Gov. Arnold Schwarzenegger's budget revision would revive a plan to house 15,000 nonviolent felons in county jails instead of state prisons.

Mark Glover breaks down the arguments over Proposition 16.

Jack Chang checks the facts in Meg Whitman's recent ad attacking Steve Poizner for taking "liberal" positions.

Columnist Dan Walters finds another sign that crony capitalism is alive and well in California.

And Board of Equalization chairwoman Betty Yee argues in a guest op-ed that lawmakers have to put billions of dollars in tax breaks on the table if they hope to balance the budget.

In case you missed it:

Royalty in Sacramento? No. Just an installment of the California Nurses Association's Queen Meg protest road show.

Despite an uptick in consumer spending and personal income in California, consumer confidence has dropped to a record low, according to San Jose State University's Survey and Policy Research Institute.

The latest voter registration figures show that Democrats and independents have increased their totals, while Republicans have slid.

In tomorrow's Bee:

The California Labor Federation's "Do Not Patronize" list includes several hotels and large corporations, such as Wal-Mart, which aggressively fight their workers' efforts to organize. But Torey Van Oot reports that it also includes a handful of political consultants who have suffered financial consequences as a result.

Bee political editor Amy Chance analyzes a new Republican Governors Association ad that attacks Democratic candidate Jerry Brown.

Jon Ortiz reviews Senate Republican Leader Dennis Hollingsworth's proposal to curb retirement benefits for new state workers.

It's not every day the Assembly Speaker invokes images of "Sunshine, space and Truffula Seeds."

The words were written in cards to each member that accompanied a green-and-yellow ribbon-wrapped gift on their desks: Dr. Seuss' "The Lorax."

The occasion? Celebrating the 40th anniversary of Earth Day, Assembly Speaker John A. Pérez told Capitol Alert.

"It's a great message about conservation," he said of the tale of a town that nearly loses its Truffula Tree forest to a factory. "It's about hope for the future."

PHOTO CREDIT: Speaker's Office/DeAne Norwood.

Charmette Bonpua, chief of staff to former Assembly Speaker Herb Wesson, was memorialized on the Assembly floor Monday as a tough-as-nails complement to the low-key former legislator.

Bonpua, 44, died Feb. 13 from an aneurysm suffered during a family trip to Las Vegas. She had left the Capitol to serve as Wesson's chief of staff after the termed-out lawmaker was elected to the Los Angeles City Council in 2005.

Wesson was keynote speaker at Monday's memorial, attended by Bonpua's family and dozens of friends and acquaintances.

"I was not lucky to have Charmette as my chief of staff," Wesson said. "I was blessed to have Charmette as my chief of staff."

Wondering which members voted "aye" and "no" and who stayed on the sidelines during yesterday's rejection failed confirmation vote on Republican Sen. Abel Maldonado's lieutenant governor nomination?

Check out the full vote tally after the jump.

The only California Assembly member currently a member of the military, Democrat Ted Lieu, was promoted from major to lieutenant colonel of the U.S. Air Force Reserves in a 30-minute Capitol ceremony today.

Lieu, 40, is a 15-year member of the military, including four years on active duty. He currently serves as a military prosecutor in the Judge Advocate General's Corps, known as JAG.

The Torrance resident said he always has been proud to serve in the military, recalling how his parents had immigrated from Taiwan, unable to speak English and making ends meet initially by selling in swap meets. They ultimately achieved the American Dream by opening a half-dozen stores, Lieu said.

"I believe I can never give back to this country what it has given my family," he told the assembled crowd, which included his wife, Betty Chim-Lieu, his two young sons and about a half-dozen legislative colleagues.

Lieu, who is running for attorney general, said the promotion will not alter his ballot designation, which he said will be either "Judge Advocate General;" "JAG/legislator;" or "military prosecutor/legislator."

His new title of lieutenant colonel could be mentioned, however, in biographical information sent to voters, said Lieu, who obtained his law degree from Georgetown University.

More than $12 billion in temporary tax increases approved to help close a massive gap in last year's state's budget would be repealed immediately under legislation proposed this week.

Assemblyman Ted Gaines' measure, Assembly Bill 1700, may be largely symbolic, however, because the state continues to founder in red ink and the Legislature is dominated by Democrats who supported last year's temporary tax hikes.

AB 1700 would repeal higher sales, vehicle license and personal income taxes approved to end a bitter budget fight in February 2009. The bill also would raise a child dependent exemption credit that was cut last year. All are scheduled to expire by July 1, 2011, but Gaines' bill would hasten the process. Passage would require a two-thirds vote of both legislative houses.

Republican Chris Norby became the state's newest assemblyman today, taking the oath to replace Mike Duvall, who abandoned the seat last September after his private boasts of sexual conquest were captured on audiotape at a public meeting.

Norby was sworn in by newly elected Assembly Republican leader Martin Garrick with the assemblyman's wife, Martha, by his side.

During the brief Capitol ceremony, Norby held his family Bible, which he had been given as a young child at a Presbyterian Church.

The 60-year-old Fullerton resident displayed a sense of humor after learning, after the swearing-in, that he had inherited the minuscule, fifth-floor office jokingly derided as the Capitol's "doghouse."

"Cozy is good," Norby quipped.

Sen. Gil Cedillo, D-Los Angeles, officially confirmed today that he will run for the 45th Assembly District. The announcement completes a cycle of seat swapping among three Los Angeles Democrats seeking a return to the Legislature in next fall's election.

"This decision fulfills a promise I made to my wife, to my family, and to my community to improve the quality of life for all Angelenos," Cedillo said in a statement.

State lawmakers have proven they can do the political dance, but can they sing?

We're not sure if we want to know the answer to that question, but if you do, tonight is your chance to find out.

More than a dozen Democratic state legislators take the stage for a karaoke contest of sorts at Capitol Garage tonight.

For $10 admission, attendees will see if Speaker-Elect John A. Pérez has pipes or if Assemblyman and stand-up comedian Tom Ammiano can carry a tune as well as he can create a laugh.

Other lower-house lawmakers expected to show include Democrats Jim Beall, Marty Block, Bob Blumenfield, Steve Bradford, Joe Coto, Mike Eng, Noreen Evans, Paul Fong, Mary Hayashi, Mary Salas, Sandre Swanson and Fiona Ma, the emcee and host of the event, according to an event organizer.

Proceeds from the 7 p.m. event go to the New Leaders Council, which aims to train and support progressive leaders.

From Jim Sanders at the Capitol:

Martin Garrick, who touts himself as a "lifelong conservative advocate," was elected today as Assembly Republican leader.

Garrick will replace Sam Blakeslee of San Luis Obispo, who will be termed out this year, as head of the 28-member GOP caucus.

Garrick, of Solana Beach, is serving his second of three possible terms in the 74th Assembly District, representing parts of San Diego County.

The 56-year-old Solana Beach lawmaker, like nearly every GOP colleague, has signed a national pledge vowing to "oppose and vote against any and all efforts to increase taxes."
Garrick reinforced that commitment this month in comments about Gov. Arnold Schwarzenegger's proposed new budget, which did not seek sales or income taxes to help bridge a shortfall projected to reach $19.9 billion by July 2011.

"I have always said that when you find yourself in a hole you should stop digging," Garrick said in a written statement. "Californians are already burdened with the highest sales tax and the second highest income tax in the nation.

"Tax increases will not solve the structural budget deficit and will only extend the economic crisis gripping our state and nation," he said.

As expected, first-term Republican Assemblyman Danny Gilmore announced today that he won't seek re-election this year, saying that though "there are those who enjoy political games and legislative intrigue. I'm just not one of them."

"If I could sum up in one word my feeling about serving in the Legislature that word would have to be frustration," he said in a statement. "This most recent phase of public service does not suit my family or me. Simply put, I do not have the temperament or personality to be a long-term politician."

The former California Highway Patrol assistant chief was the sole Republican to win a seat previously held by a Democrat in 2008. He edged out Democrat Fran Florez 50.8 percent to 49.2 percent.

His re-election bid was expected to be one of the most targeted state legislative races of the 2010 cycle.

A battle for the 30th District seat has been brewing for months, with a longstanding Central Valley political family feud spicing up the Democratic primary.

Martin Garrick is expected to be named Assembly Republican leader today in a closed-door caucus meeting at 11 a.m.

Garrick, of Solana Beach, would replace Sam Blakeslee of San Luis Obispo, who will be forced out of the Legislature by term limits.

Assemblywoman Connie Conway of Tulare, a rival for the leadership post, is expected to be a top lieutenant for Garrick as caucus chairwoman.

Assemblyman Ted Gaines, R-Roseville, confirmed off-the-record comments by other legislators this morning that Garrick had secured majority support of the 28-member GOP caucus to succeed Blakeslee.

"I worked very hard to get Martin a victory," Gaines said. "I'm pretty confident the votes are there, and that Martin will be our leader and Connie will be our caucus chair."

PHOTO: Garrick's Facebook page.