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Dear Californians, This is the final report on the 1997-98 California legislative session. This report includes legislators' grades on critical votes for children from the second year of the two-year session, their cumulative grades from our Interim Report (based on the first year of the session), and their final grades (an average of the two). This report is intended to educate and inform you of your legislators' progress on improving the status and outcomes for children in this state. We cannot tell you all there is to know about your legislators in this report card. Therefore, we urge you to communicate frequently with them so they know your expectations for California's children. Only through regular contact and complete cooperation among child advocates, constituents, and legislators can every California child be assured the opportunity to reach his or her full potential. Sincerely, Robert C. Fellmeth
How the California Legislature Performed in
1998 Adoption of the 1998-99 budget and its many accompanying policy changes was nearly a month and a half overdue as the Governor and Legislature disagreed on how to spend this year’s $4.4 billion surplus. Due to California’s now vibrant economy, the biggest issue of the year was how to spend the $4.4 billion unanticipated windfall – a golden opportunity to reinvest in California’s children, who have been repeatedly shortchanged for much of the past decade. During the early 1990s, government cuts were made to weather a serious and persistent recession, and the condition of children suffered as a result. But in recent years, when revenue was available to reinvest in children, lawmakers instead decided to spend loudly in raw numbers a little more on children and families, while often spending less in real numbers when properly adjusted for inflation and population increases. Real and substantial increases have been reserved for tax cuts to upper-middle class and wealthy Californians. This year was no different. There has been a growing tendency over the years to make policy changes through the budget process, rather than through the usual legislative process. Prior to the early 1990s, the annual budget package consisted of one actual budget bill and roughly seven or eight "budget trailer bills," which included the direct policy changes funded by the budget bill. This year, the number of budget trailer bills ballooned to 44, with roughly 10 supplemental trailer bills to reinstate programs and funding vetoed by the Governor. The reasons behind this budget activity are many and varied. Since the prolonged recession of the 1990s, lawmakers have made a concerted effort to make policy changes consistent with California’s economic realities. Governor Pete Wilson and legislative term limits (both ushered in by voters in 1990) have also contributed to the growing use of the state budget to enact policy changes. Unlike many of his predecessors, Wilson has been a proactive governor, not content to wait to consider what the Legislature sends him; he often promotes his initiatives, as articulated in his January State-of-the-State Address, through the budget process, where he maintains some control, particularly given his item veto power. Legislative term limits have increased the number of "lesser-knowns" clamoring for credit – something to take back to their constituents. As part of the budget agreement, local benefits stand a good chance of enactment. As usual, the budget debate split lawmakers along partisan faults. Governor Wilson and most Republican legislators insisted that most of the windfall be sent back to taxpayers by reducing or eliminating the vehicle license fee (VLF), which provides substantial funds for local government. Democrats, who maintain a majority in both houses of the Legislature, insisted on reinvesting most of the windfall on education. Democratic leaders, Senate President Pro Tempore John Burton and Assembly Speaker Antonio Villaraigosa, additionally insisted on a long-overdue small increase in the safety net for California’s poorest families with children, which had been slashed almost 50% in real spending power since 1989. Several weeks of dueling op-eds and press conferences later, the inevitable compromise between the two parties was reached: a lesser tax cut package coupled with a lesser investment in education. This year’s budget package includes $1.4 billion in permanent tax cuts with up to $2.2 billion in additional VLF reductions tied to future state revenue collections. For education, there is an increase of roughly $250 per pupil in school spending for this fiscal year (which, unfortunately, still leaves California near the bottom of the nation in per capita public school investment). The extra money is earmarked to fund additional class size reduction, after school programs, updated library resources, books and instructional materials, college prep programs, extra help for low-performing students, and long-deferred school maintenance. California’s higher education system also received a modest boost in funding, with no student fee increases or decreases – however, at a level promising no substantial increase in the percentage of high school graduates able to receive needed higher education. The final resolution was far short of the $8.8 billion in new investment in children (most for education to assure job capability) recommended in the California Children’s Budget 1998-99. With respect to the safety net, this year’s state budget marked the first time since 1990 that the Legislature did not block a statutory cost-of-living increase (2.84%) in welfare (TANF) grants to poor families with children. Another boost for these families on aid: the "temporary" 4.9% cut in TANF grants, enacted to bridge a budget shortfall during the early 1990s, was left to expire in November 1998. That means a 7.7% total increase in grants beginning November 1, 1998. Other notable budget expenditures affecting children include:
While these expenditures sound promising and certainly are good beginnings, they must be placed in proper context to gauge their impact. California continues to lead the nation in disparity between rich and poor, with one in four children living in families with incomes below the poverty level. California’s rents continue to be among the nation’s highest – with the lowest level of subsidized housing among the 50 states. And California’s children remain in trouble in a number of other areas: drug and alcohol abuse, youth unemployment, child abuse, large class sizes in most grades, very low test scores, unwed births, youth violence, and juvenile crime. Had the Governor and Legislature agreed to invest the entire $4.4 billion surplus in education and other children’s programs, decimated by the cuts of the past decade, it would have constituted only one half of the public investment in children required to get California back to pre-1989 levels. Still, California legislators should be credited for many modest gains for children included in the budget and a number of other bills designed to improve outcomes for children. In this Report Card, we celebrate those victories and the legislators who authored and supported them. ABUSE PREVENTION AND INTERVENTION Child abuse and neglect continue to be intractable problems in California. Child abuse report rates remain higher in California than in any other state – 50% higher than New York, the state with the next highest rate. Not only does this abuse occur in families prior to the removal of the children, but in the foster care system charged with these children’s protection. Several recent high-profile media series focused the public’s attention and outrage on the continued abuse and neglect of children in foster care – at group homes, out-of-state "boot camps," and other foster placements. In response to the charges made in the news articles, the Legislature held multiple hearings on various aspects of the child welfare system. Ultimately, the Joint Legislative Budget Committee members appointed a task force of child advocates, foster care providers from various settings, law enforcement, and county and state representatives to recommend comprehensive legislative action. SB 933 (Thompson) and SB 2030 (Costa), which are described in this Report Card, include many of the task force’s recommendations. Also included are two measures to encourage adoptions of children, permanently removing them from the foster system. CHILD SUPPORT With well over two million child support cases, California has the highest caseload in the nation. Statewide, just 17% of the children dependent on the system receive some of the support to which they are entitled. In stark contrast to California’s performance, nine states collect support for over 30% of their caseload, and two of those states collect over 40%. Regular child support payments make a huge difference for children in single parent households – often making the difference between a family income above the poverty level and one far below. Particularly now that parents with children face five-year lifetime limits on welfare and one in four California children already lives in poverty, improvement of our child support system deserves high priority. Four of the most significant bills to improve California’s child support system are included in this Report Card. HEALTH CARE California is home to more uninsured children (1.78 million) and has one of the nation’s highest rates of uninsured children (18%). Last year, Congress allocated $24 billion in State Child Health Insurance Program (SCHIP) block grants over the next five years to fund health insurance for the children of working poor families. Although California was eligible for $859 million in SCHIP block grants on a 65% federal/35% state matching basis, California applied for less than half that amount to begin a new low-cost health insurance program: "Healthy Families." This new program covers children in families that have too much income to qualify for Medi-Cal, but whose income is less than 200% of the federal poverty level. The new program, which began July 1, 1998, is off to a very slow start, with only 20,609 of the revised estimate of 400,000 children it could serve, enrolled as of September 26, 1998. The Legislature considered several bills this year, but passed only two (included in the Report Card) to improve outreach and expand the number of children and family members that could be served by "Healthy Families." The balance of bills graded in this section would promote children’s health or ensure delivery or coverage for other important children’s health care services. EDUCATION Responding to a groundswell of public opinion naming education the top priority issue this year, lawmakers delivered a package of education reform bills to the Governor and put the largest-ever school construction bond on the November ballot. Unfortunately, the $9.2 billion school bond measure includes very controversial reforms in the amount of school construction fees that local school districts can charge developers for their new developments, and other related changes sought by developers. These provisions are opposed by many education groups and, thus, may hamper the chances of the school bond’s passage. Few, however, dispute the need for the bond money to build additional classrooms to accommodate smaller class sizes, burgeoning enrollments, and modernization of crumbling schools. In addition, bills to lengthen the instructional year, make schools more accountable, end "social promotion," and require parenting education in the schools round out the education portion of this Report Card. CHILD CARE A key component in California’s welfare reform experiment is a commitment to provide quality child care to parents who are training or transitioning from welfare to work. Our challenge is to meet this need without displacing the working poor who currently depend on state-subsidized child care to stay in the work force. Child care, particularly for infants or for more than one child, can be cost-prohibitive for workers making low to median wages. Recent findings on the importance of early brain development to the ultimate success of a child elevate the need to ensure a quality child care experience for all children. In addition to the generous infusion of new child care dollars in this year’s state budget, the Legislature passed other important bills designed to increase the quality and stock of professional child care providers and allow working parents to use employer-provided "sick time" to stay home with their sick children. JUVENILE JUSTICE Despite the fact that juvenile crime levels are dropping at an even higher rate than adult crime, Governor Wilson proposed a sweeping juvenile justice measure this year that would have further blurred the distinction between the juvenile and adult systems of justice (rehabilitation vs. punishment). AB 1735 (Pacheco) and SB 1455 (Rainey), both sponsored by Governor Wilson, would have sent more youthful defendants to the adult courts and corrections system at the discretion of the prosecutor, instead of the judge, as in current law. The bills also would have compromised the ability of judges to evaluate cases and individualize sentences to maximize human potential, and added gang-related homicides to the list of special circumstances subject to the death penalty. Child advocates worked hard to defeat these measures early in the process and instead supported increased investment in prevention and early intervention efforts. Action on a number of proactive bills to steer youth clear of trouble, rather than accelerate the incarceration of our children, is also included in this Report Card. INJURY PREVENTION Now that gunfire has surpassed vehicle accidents as the leading cause of death for California children, child advocates are increasingly vocal in their support of state and local laws to restrict children’s access to guns. A bill to ban the sale and manufacture of so-called "Saturday night specials" is included in this Report Card. Subjects Graded ABUSE PREVENTION AND INTERVENTION
SB 933 (Thompson) – Child welfare system and group home reform
SB 2030 (Costa) – Child welfare social worker caseload
reduction ADOPTION AB 1654 (Aroner) – Adoption Assistance Program
AB 2286 (Scott) – Foster parent and "kinship" adoptions
HEALTH CARE AB 278 (Escutia) – Children’s environmental health This bill would have required the state’s Office of Environmental
Health Hazard Assessment (OEHHA) to assess the exposure patterns and
special susceptibility of infants and children to air pollutants and toxic
air contaminants. Further, the bill would have required state air quality
standards and air toxic control measures to be reconsidered and, if
necessary, revised to specifically protect children. Currently, standards
are assessed and control measures determined according to the risk posed
to the average 180-lb. male. AB 1053 (Thomson) – HMO reimbursement for immunizations AB 1621 (Figueroa) – Reconstructive surgery coverage by health plans
AB 2079 (Villaraigosa) – Healthy Families child health insurance
program copays
AB 2171 (Villaraigosa) – Healthy Families legal immigrant
eligibility
SB 34 (Vasconcellos) – Prenatal care for immigrant women CHILD SUPPORT AB 1630 (Sweeney) – New Employee Registry: independent state
contractors
AB 1682 (Oritz) – New Employee Registry: independent local
contractors
AB 1961 (Aroner) – Child support consumer complaint resolution
process
SB 1410 (Burton) – Performance-based child support incentives EDUCATION SB 50 (Greene) – Class Size Reduction Kindergarten-University Public
Facilities Bond Act of 1998
SB 1193 (Peace) – Longer school year
SB 1561 (Leslie) – Public School Accountability Act of 1998
SB 1370 (Polanco) – "Social Promotion"
AB 1639 (Sweeney) – "Social Promotion"
AB 1626 (Wayne) – "Social Promotion"
SB 2138 (Vasconcellos) – Parenting education CHILD POVERTY/INCOME MAINTENANCE AB 2779 (Aroner) – Social services state budget bill CHILD CARE AB 15 (Knox) – Sick leave
AB 2025 (Aroner) – Child Care Training and Compensation Program
SB 2177 (C. Wright) – CalWORKs child care expansion JUVENILE JUSTICE SB 822 (Lockyer) – California Youth Violence Prevention
Authority
AB 2796 (R. Wright) – Juvenile and Youth Violence Prevention Act of
1998
AB 2284 (Torlakson), AB 1428 (Ortiz), and SB 1756 (Lockyer) – After school programs INJURY PREVENTION SB 1500 (Polanco) – "Saturday Night Special" ban This bill would have prohibited the sale or manufacture of the
easily-concealable, inexpensive, and low-quality handguns commonly
referred to as "Saturday Night Specials" – the handgun of choice for
juveniles who carry guns. How Legislators Were Graded
All the bills included in this Report Card would improve current law for children based on the criteria outlined herein. An "AYE" vote on these measures represents a vote for children and is indicated by a "H". "NO" votes and abstentions are noted with a "", indicating the legislator was "not there" for children. Abstentions hurt a legislator's score because there are many opportunities for a legislator to add his or her vote later, if for any reason the legislator misses a vote during the course of a floor session. Thus, a legislator who fails to vote, without an excused absence, effectively votes "NO." In cases where a legislator had an excused absence when the floor vote was taken (for illness, legislative business, etc.), the vote will be noted with a "X" and does not affect the overall score. Vacancies in a legislative seat are noted with a "V." The 1998 Children's Legislative Report Card evaluates only floor votes on selected key bills affecting children. When bills were amended in the second house, the concurrence vote in the house of origin was used to compute those legislators' scores, so that comparing Senate and Assembly votes on the same bills will reflect votes on the same version of the bill. This 1998 Final Report Card includes the average score of each legislator on 1997 bills (as stated in the Children's Legislative Report Card, 1997 Interim Report), an average score on the 1998 bills described in this card, and a Final Grade which is an average of the two years' scores. Legislators' overall scores indicate the percentage of votes cast FOR children, with a possible score of 100%. Votes were tallied from the Assembly and Senate Daily Journals and the California State Senate Web Page.
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