Union membership among California's workers declined fractionally in the last year, according to an annual survey by the federal Bureau of Labor Statistics, but remains fifth highest among the states.

The BLS report says that 17.1 percent of California's private and public employees are union members, down from 17.5 percent the previous year. That translates into 2.4 million union members, down more than 50,000 from a year earlier, in a total employed workforce of 13.9 million.

The numbers and percentages of workers represented by unions, including non-members, are slightly higher at 2.5 million and 18.2 percent. California is tied for the fifth highest rate with Oregon. New York is highest at 24.1 percent and South Carolina the lowest at 3.4 percent. The national rate is 11.8 percent, down from 11.9 percent the previous year.

The survey report does not break down state membership by private and public sectors. Nationally, 37 percent of public workers are unionized, while just 6.9 of those in private employment belong to unions.

Remap

The California Supreme Court ruled today that state Senate maps drawn by a citizens commission will be used in this year's elections, despite a pending referendum to overturn them.

In a 73-page decision, justices evaluated several proposed alternative maps and concluded that the Senate lines drawn by the 14-member commission were the most appropriate and least disruptive to this year's elections.

Republican State Sen. Mimi Walters of Laguna Niguel, a leader of the referendum drive, blasted the ruling as "shortsighted and disrespectful" of California voters who signed petitions and are awaiting the opportunity to vote on the commission's Senate maps. She characterized the decision as a throwback to a flawed, politically-based precedent established by former Chief Justice Rose Bird.

"They kind of gutted the whole idea behind the referendum process," said Dave Gilliard, another leader of the drive to kill the Senate maps.

Peter Yao, current chairman of the commission, countered that use of the commission maps is important to maintain electoral stability and that the challenge is based on "partisan self interest" that has "cost precious taxpayer dollars to defend."

The issue came before the high court after a Republican-backed group, Fairness and Accountability in Redistricting, filed more than 711,000 signatures with county elections offices in a referendum to overturn Senate maps drawn by a 14-member citizens commission.

Californians will decide the fate of the newly drawn Senate districts in November if 504,760 of the signatures are from valid voters. Legislative candidates must file and run their campaigns before then, however, so justices needed to identify district maps to be in effect immediately.

County elections offices face a Feb. 24 deadline for certifying FAIR's referendum signatures. Thus far, they have verified 57,761 of 80,127 signatures checked. If the percentage of valid signatures holds steady, 72 percent, the referendum would qualify for the ballot.

Twenty Senate seats are up for grabs this year - and the results carry high-stakes politically.

GOP officials contend that the new, commission drawn lines would give Democrats a strong chance of gaining two additional seats in the Senate, enough to gain the two-thirds supermajority needed to raise taxes or fees.

"If the current redistricting lines hold with regard to the Senate, the Republicans are going to have an enormously difficult time staying above the one-third threshold," California Republican Party Chairman Tom Del Beccaro told The Bee this week.

"We're going to fight like the dickens to do it," he said, "which is in part why, of course, we went ahead with the referendum process. But it will be enormously difficult."

The Supreme Court noted that the commission met its constitutional duty in drawing the new Senate districts and that submittal of referendum petitions signed by perhaps 5 percent of voters in the last gubernatorial election does not necessarily disqualify them pending a statewide vote.

Justices previously had rejected a FAIR lawsuit that contended the commission's Senate maps illegallydilute Latino voting clout in parts of the state and violate criteria established by voters in a 2008 ballot measure.

The Supreme Court, in today's decision to use the newly drawn Senate maps, considered alternatives that included using former districts in effect from 2002-2010; combining two commission-drawn Assembly districts to form new Senate districts; or amending the commission's approved Senate maps. Its ruling cited timing, constitutional, minority voting rights or other reasons to reject each one.

In selecting the new but contested Senate districts, the high court ruling said that boundary lines seem to comply with voter-approved criteria and are "a product of what generally appears to have been an open, transparent and nonpartisan redistricting process ... We believe these features may properly be viewed as an element favoring use of the commission-certified map."

* Amended at 11:41 a.m. to add reaction from the commission chairman and from leaders of FAIR.

The California Supreme Court, as promised, has fast-tracked a decision on what state Senate maps will be used in this year's elections if voters get to vote on the districts that the citizens commission drew last year.

The high court is also considering the issues of what standard to apply in determining whether a referendum is "likely to qualify" and whether it has the authority to step in "even if it cannot yet be determined whether such a referendum is 'likely to qualify' for placement on the ballot."

The court is expected to post its decision at 10 a.m. Come back to Capitol Alert later this morning for details as well as reactions to the ruling.

The Bee's Jim Sanders reported in this post earlier this month about the hearing on the case that the justices focused on technical issues, including whether they could rule only if the referendum is "likely to qualify" for the November ballot.

The odd-numbered Senate seats come up for election this year, with candidates starting to file on Feb. 13.

NEW GIG: Fiona Hutton & Associates has hired Jennifer Wonnacott, most recently of Assemblywoman Betsy Butler's district office, as a senior account executive in Los Angeles.

POLL: Sonja Petek of the Public Policy Institute of California will talk about the January statewide survey of what Californians think of Gov. Jerry Brown's budget proposal and other matters. The luncheon runs from noon to 1:30 p.m. at the CSAC Conference Center, 1020 11th St., in Sacramento. Click here to read more about the event. Find the survey itself at this link.

CAKE AND CANDLES: Assemblyman Anthony Portantino, D-La Cañada Flintridge, celebrates his 51st birthday on Sunday.

The Assembly approved new parental obligations today in response to a much-publicized Florida case in which Casey Anthony waited a month to report her 2-year-old daughter missing but ultimately was acquitted of her murder.

Assembly Bill 1432 would make parents or guardians guilty of a misdemeanor if they knowingly fail to report, within 24 hours, the disappearance of a child younger than 14.

Maximum penalties would vary, however.

Offenders could be jailed for a year and fined $2,000 for failing to report the death of a child from crime, or one who is missing under circumstances that would suggest danger.

Violations stemming from disappearances in which no danger of physical harm exists would be punishable by maximum jail sentences of six months and fines of up to $1,000.

The bill declares itself "Caylee's Law," a reference to Caylee Anthony, the Florida toddler whose body was found in a wooded area not far from her grandparents' home in 2008. She had been missing six months.

AB 1432, by Assemblywoman Holly Mitchell, D-Los Angeles, passed the Assembly with bipartisan support, 66-3. It now goes to the Senate. If signed into law with two-thirds support from the Legislature, the measure would take effect immediately.

California Supreme Court Chief Justice Tani Cantil-Sakauye visited The Bee's Editorial Board today to make her case against Assemblyman Charles Calderon's effort to reduce her clout over statewide spending on the judicial system.

The chief justice said Calderon's bill, Assembly Bill 1208, would "reduce and eliminate the authority of the Judicial Council" to control significant parts of judicial branch spending."

Senior Editor Dan Morain filed an account of her visit on The Swarm blog. Read it here.

The California Supreme Court will rule Friday on what state Senate district boundary lines will be in effect for this year's legislative elections if a pending referendum qualifies for the ballot.

Justices will post their ruling at 10 a.m. Friday on the court's website, said Lynn Holton, Supreme Court spokeswoman, in a press release.

The matter stems from a referendum attempt by a Republican-backed group, Fairness and Accountability in Redistricting, which opposes new state Senate maps drawn by a citizens commission and has gathered signatures in an effort to overturn them at the ballot box.

Because this year's legislative elections will be held before the group's map challenge could be decided by voters, the Supreme Court must decide which boundary lines will be used if the referendum qualifies for the ballot.

County elections offices currently are counting signatures filed by FAIR to determine whether 504,760 are from valid voters, which would place the newly drawn Senate maps on the November ballot.

The Supreme Court conceivably could order the FAIR-challenged Senate maps to be used this year. Justices also could revive maps that were in effect from 2002-10 or select a special master to draw new districts.

California's legislative and congressional districts were drawn last year, for the first time ever, by a 14-member citizens commission consisting of five Democrats, five Republicans, and four independent or minor-party voters. The Legislature drew political districts in decades past.

* Updated at 2:20 p.m. to add information about the Supreme Court's options and about the structure of the redistricting commission.

Bills to require private health insurance plans to cover costs of oral chemotherapy and the treatment of mental illness and substance abuse were passed today by the Assembly, largely along party lines.

The lower house also approved Assembly Bill 369, which would bar health plans from requiring a patient to try more than two lower-priced medications before providing access to the product prescribed by the patient's physician.

AB 369 passed, 46-19, with most Democrats but no Republicans supporting it.

Democratic Assemblyman Jim Beall of San Jose crafted the bill covering mental health and substance abuse treatment, Assembly Bill 154. It passed the lower house, 47-18, with no GOP votes.

Current law only requires private insurers to cover severe mental illness, while AB 154 targets other types of disorders, including depression and substance abuse but not bereavement or antisocial behavior.

Services covered under AB 154 include outpatient, inpatient and partial hospital services, as well as prescription drugs if the plan's contract already includes coverage for medications.

The oral chemotherapy bill, Assembly Bill 1000, was pushed by Assemblyman Henry Perea, a Fresno Democrat who said he conceived of the idea during his mother's treatment for lung cancer.

AB 1000 passed, 52-17, with support from only three Republicans: Paul Cook of Yucca Valley, Kevin Jeffries of Lake Elsinore, and Kristin Olsen of Modesto.

Health plans typically cover the price of a patient's intravenous chemotherapy, charging only a minor office co-payment. By contrast, most insurers cover only a portion of oral chemotherapy costs, leaving patients with bills that can total hundreds of dollars per month, Perea said.

AB 1000 would not require insurers to provide coverage for prescription drugs, but those that do would be required to bankroll much of the costs of oral chemotherapy as they do now for intravenous chemotherapy.

All three bills now go to the Senate.

An independent committee backed by billionaire investor Nicolas Berggruen announced today that it will support a proposed ballot measure that would make major changes to the state's budget and governance processes.

Berggruen, who previously pledged to spend at least $20 million on the Think Long Committee for California's effort, said the proposal released by California Forward last year "perfectly reflects both the growing public demand in California for a more accountable government and Think Long's mission of strengthening California's democracy for the long term. "

"We are looking forward to working together with California Forward to take historic steps to increase public confidence in government and are prepared to dedicate ample time and resources to this worthy cause," he said in the statement.

Senate President Pro Tem Darrell Steinberg said today that he believes an effort to extend the life of local redevelopment agencies through April 15 is "not going to happen."

Legislation to that effect, Senate Bill 659 by Democratic Sen. Alex Padilla, faces a Tuesday deadline for winning passage in the state Assembly, in addition to the planned Feb. 1 date of closure for the agencies

"I'm skeptical," Steinberg said. "I think the speaker is skeptical, and the governor is dead set against the bill. The focus needs to be on recreating a new set of economic development tools for cities and not on trying to keep alive the current form."

The Legislature axed the agencies, which subsidize local projects in blighted areas, and created a new redevelopment entity as part of last year's budget package. But the state Supreme Court ruled in December in response to a legal challenge to the move that while the Legislature had the power to dissolve the agencies, the replacement organizations could not stand.

Local governments have pushed for the extension measure, saying it is needed to allow lawmakers to address legal and contractual issues related to terminating the taxpayer-funded agencies. Gov. Jerry Brown expressed doubts about the proposal on a campaign stop last week, saying, "I don't think we can delay this funeral."

Steinberg said he is interested in exploring ways to take money and assets now held by the agencies and "hand (them) back to the cities and counties for economic development, but with a connection to ... our goals of better planning."

The Sacramento Democrat has introduced legislation to allow local governments to retain and use redevelopment money earmarked for affordable housing projects. That bill also faces a Tuesday deadline for winning approval.

Assembly Speaker John A. Pérez appears to be on the same page as Steinberg.

"The governor certainly made his feelings absolutely clear for extending them for the sake of an extension," said Pérez spokesman John Vigna. "So I think our focus is preserving some of the (long-term) economic development functions of them."

RELATED POSTS:
California high court says state can eliminate redevelopment

California's "Medicare for all" universal health care legislation fell short of the 21 votes needed to pass the state Senate today.

Senate Bill 810 failed on a 19-15 vote during this morning's floor session, with four moderate Democrats abstaining and one voting no.

Democratic Sen. Mark Leno, who authored the bill, said the proposal would stabilize health care costs and expand access to coverage.

He called the bill, which does not include funding to cover the projected $250 billion annual cost of running the single-payer system, the first step in a "many year project" that will likely require asking voters to approve financing. He encouraged members to support the bill to allow the policy discussion to continue.

No Republicans voted for the bill. Sen. Tony Strickland, R-Moorpark, criticized the proposal as an attempt to create "another costly and inefficient bureaucracy."

"There's no doubt that we need health care reform, there's no doubt that we need to improve our health care system, but members, this is not the bill to move forward," he said.

The bill faces a Tuesday deadline for passing the state Senate in the current legislative session. Several similar bills have cleared one or both houses in recent years. The last version to win legislative approval was vetoed by then-GOP Gov. Arnold Schwarzenegger.

Legislation aimed at restricting protests at military and other funerals won unanimous approval in the state Senate today.

Senate Bill 661, by Sen. Ted Lieu, D-Torrance, would prohibit picketing within 500 feet of a burial or memorial site within one hour of the service. Violators of the law could face misdemeanor charges punishable by up to six months in prison and a $1,000 fine.

Supporters say the bill, which is backed by veterans groups, will protect grieving families from distress while maintaining the First Amendment rights of protesters. Opponents, including the American Civil Liberties Union and California Attorneys for Criminal Justice, say the bill goes too far in protecting the interests of funeral attendees over free speech.

Gov. Jerry Brown vetoed a similar version of the bill last year, writing in a message that while he was "very tempted to sign it," he felt the language "plainly fails to comport" with a 2011 Supreme Court decision.

Lieu's office believes changes to the language, including decreasing the zone around the funeral where picketing is banned, addresses the governor's concerns.

The bill now heads to the state Assembly for consideration.

True to his quip after the State of the State address, Gov. Jerry Brown is spending more time in Southern California.

Brown took part Wednesday in a private roundtable in Santa Monica with members of the California District Attorneys Association. He'll attend another private event today -- a luncheon celebrating the 50th anniversary of San Juan Capistrano's incorporation.

Tonight, he's scheduled to speak at the Los Angeles Chamber of Commerce's inaugural dinner held in the Diamond Ballroom of the JW Marriott at L.A. Live.

Back in Sacramento, both the Senate and the Assembly have scheduled floor sessions at 9 a.m. Next Tuesday is the last day for each house to pass bill introduced last year.

The Assembly Elections Committee will hear an urgency measure, Assembly Bill 1413 by Assemblyman Paul Fong, that tweaks the "top-two" primary system regarding write-in candidates and other issues. The hearing starts in the Capitol's Room 3162 after the session adjourns.

Reducing wait times at the California-Mexico border is the topic of discussion for an Assembly select committee, which meets at 2 p.m. in Room 444.

And a Senate subcommittee looks at challenges facing the olive oil industry. Presenters include Dan Flynn, the executive director at the UC Davis Olive Center, and Tom Mueller, author of "Extra Virginity: The Sublime and Scandalous World of Olive Oil," which Amazon.com picked as one of the best books of the month in December. Look for that hearing starting at 1:30 p.m. in Room 3191.

FUN FACT: As of Wednesday afternoon, there were now 60 -- yes, 60 -- ballot measures cleared for signature gathering in California, plus 17 more pending at the attorney general's office. The Bee's Torey Van Oot has details in this story about several you're likely to see at the grocery store. Click here for more information at the secretary of state's website.

Less than a week after Gov. Jerry Brown claimed widespread business support for his ballot initiative to raise taxes - including donations from big healthcare and oil companies - the Howard Jarvis Taxpayers Association and California chapter of the National Federation of Independent Business urged business groups this afternoon to resist any effort by Brown to "cajole" them.

"We know that Governor Brown, just through the power of his office alone, can cajole and perhaps even threaten vulnerable businesses," the groups said in an open letter. "It is therefore not lost on us that, under certain circumstances, modest support to help the governor place his measure on the ballot might be viewed a lesser of two evils or, more likely, as an insurance payment. However, on behalf of citizen taxpayers and the small business community, we appeal to your sense of doing what is right for all of California."

The Democratic governor, who is proposing to raise the state sales tax and income taxes on California's highest-earners, has enjoyed a relatively favorable relationship with business interests since taking office, and he met with business groups last week in Southern California. The letter was released on the eve of an appearance by Brown before the Los Angeles Area Chamber of Commerce.

Brown spokesman Gil Duran cited favorable polling for the tax measure - including among Republicans - and dismissed as "a baseless accusation, a hyperventilation meant to generate headlines" the suggestion that business groups might feel threatened by Brown.

The taxpayers association and business federation said the higher taxes proposed by Brown would hurt California's already-shaky economy.

"We also would like to reiterate our belief that when citizen taxpayer groups, small business interests and major corporations stand together for the common good, we constitute a formidable force to prevent a further erosion of California's tax and regulatory climate," the groups said in their letter. "Therefore, representing citizen taxpayers and small businesses in California, we appeal to you and your members to do the right thing and oppose any and all proposed tax increases. As Benjamin Franklin once noted, we must hang together in order to avoid hanging separately."

A preliminary hearing in the federal fraud case against former Democratic treasurer Kinde Durkee has been delayed yet again.

The hearing date, which had been moved from early December to tomorrow at 2 p.m., has been rescheduled for the same time on Feb. 28, according to a document filed with the U.S. District Court in Sacramento.

Durkee has been accused by federal investigators and her former clients of stealing millions of dollars from the campaign and nonprofit accounts she managed. The prominent Burbank-based treasurer was arrested in September and charged with mail fraud for allegedly misappropriating $600,000 from the campaign account of Democratic Assemblyman Jose Solorio. More clients have come forward as potential victims since her arrest, including U.S. Democratic Sen. Dianne Feinstein, who says $5 million was taken from her re-election committee account.

A court filing posted today said the delay was requested to give the government more time to sort through evidence collected during its investigation. Durkee, who managed hundreds of accounts, has been accused in criminal and civil court filings of frequently moving money between accounts as part of her embezzlement scheme.

"The parties stipulate that the arrest in this case occurred at a time before the investigation was completed, and that the case is complex given the number of clients of Ms. Durkee and bank accounts involved," the document reads. "The investigation has continued, a significant amount of materials have been acquired, and the government needs additional time to review, analyze and synthesize those materials."

Kinde Durkee hearing delay

U.S. Sen. Dianne Feinstein has yet to attract a top-tier opponent in her 2012 re-election bid.

California Republican Party Chairman Tom Del Beccaro signaled today that a high-profile GOP challenger to the 78-year-old Democrat could still emerge. He said a "number of people" have expressed interest in the race, with final decisions expected in the coming weeks.

"Right now, point blank, there isn't someone, a major name that has agreed to it," he said in an interview with The Bee Capitol Bureau.

"But I think her polls show that she is vulnerable, and we are hoping to find someone who will break out of the pack," he added. "But as of yet, point blank, I'm not going to snow you, we don't have someone who has made it clear, who is head and shoulders above the rest or a very prominent name."

Santa Monica businessman Al Ramirez became the latest Republican to express interest in the race this week. Ramirez, who ran in the GOP Senate primary last year, announced yesterday that he is opening an exploratory committee and starting to raise money for a run.

Ramirez said that while he is "fairly called a long shot-challenger," he believes the new top-two primary system will help him in his effort to become the state's first Hispanic U.S. senator.

"Hispanic voters, Republicans and Independents understand faith, family and hard work," he said in a statement. "We should come together to uphold the values of freedom that make America great, but there hasn't been a voice to speak to and for each of these sides. It is a void I believe I can fill to put California back on the right track."

Other Republicans currently expected to run are Elizabeth Emken , an advocate for children with autism and 2010 congressional candidate, and Orly Taitz, an activist perhaps best known for her disproved assertions that President Barack Obama is not a U.S. citizen.

Arnold Schwarzenegger's days as governor are long gone -- but not forgotten by political junkies, apparently.

Nearly two dozen mementoes of Schwarzenegger's two terms in the Capitol were available today on eBay, including a "Women For Arnold For Governor" pin with an asking price of $1.99 but no bids.

The most expensive item was an autographed photo of Schwarzenegger at the White House, priced at $425 or best offer.

A talking toy Schwarzenegger doll was available for $75, a Halloween mask, $19.99; an Austrian stamp bearing his likeness, $3; and a "Governator" button from his 2004 election, $6.99.

Other memorabilia included a traditional playing card featuring Schwarzenegger as a Jack, $4.01, with free shipping; a "Go For It Arnold" T-shirt, $15; and a kitchen magnet of the former governor standing at a microphone, $4.50.

Will blue California be a battleground in the November presidential election?

While the Golden State will almost surely go for President Barack Obama in the general election, California Republican Party Chairman Tom Del Beccaro believes that the competitiveness of the race will force the Democratic president to raise -- and spend -- more money in California, diverting time and resources from other key states.

"It will look like a competitive race for a long time, and then I think in the last month things will slip away from Obama, and it's going to require him to spend money in places he otherwise would not want to spend," Del Beccaro said in an interview with The Bee Capitol Bureau today.

"I'm not predicting to you today that we're going to carry California, but I think (Obama) has trouble here, and I think that allows us to provide resources and do other things around the country that will eventually lead to his loss," he added.

Del Beccaro, who has not endorsed a GOP candidate in the presidential race, said he believes it is too early to tell who would give Obama more trouble in California. But the state's top GOP official said that once the "worst of their food fight" for the nomination is over, the battle-tested GOP nominee will be better positioned to defeat the president.

"One of the benefits of this intramural affair is that it forced the Republican candidates to get very definite on what their plans would be, whereas Obama going into the fall is not going to have a plan because his plan is, involves government spending and that's not going to be able to sell," Del Beccaro said.

"He'll have a hodgepodge of we want to do one, or two or three things here, or what you saw last night (during the State of the Union), but it's going to be vague. So I think the detailed plan beats the vagueness in a difficult situation," he added.

That "intramural affair" between GOP frontrunners Mitt Romney and Newt Gingrich could extend through California's June 5 primary, giving the state's Republicans more sway in the nomination process, Del Beccaro said.

"If they continue this constant process of debates, then I think it's possible," he said.

Watch a video from Del Beccaro's interview below or check out our Capitol Alert's Facebook page for his answers to questions from our readers. Pick up tomorrow's Bee to read a Q&A with the party chairman.

It looks like Californians' optimism has its limits when it comes to state government.

Last January, 58 percent of Golden State residents thought that Gov. Jerry Brown and the Legislature would be able to work together to accomplish a lot in a year, according to the Public Policy Institute of California.

Now that number is at 44 percent, with 47 percent saying it's not gonna happen, according to PPIC's latest poll.

Meanwhile, Brown's approval rating has gone up among state residents, from 41 percent to 46 percent. The bad news is that trend is reversed among likely voters, slipping from 47 percent to 44 percent. Still, the governor is doing better than legislators -- 17 percent of likely voters approve of how the solons are doing.

As for the Republican presidential candidates, Mitt Romney leads among likely GOP voters in California, with 37 percent, followed by Newt Gingrich, 18 percent. Mind you, the survey was conducted before the South Carolina primary. Last month, Gingrich led Romney, 33 percent to 25 percent, among the likely voters PPIC surveyed in California.

The Bee's Dan Smith has details about voters' views of the state budget in this post. Find the full survey at this link.

Under the dome, a joint Senate-Assembly committee on public employee pensions looks at design options for hybrid pension plans, starting at 1 p.m. in the Capitol's Room 4202.

The Senate Rules Committee considers gubernatorial appointees, starting at 1:30 p.m. in Room 113, with Howard Schwartz, the deputy director of the Department of Personnel Administration, required to appear.

CALLING ALL QUESTIONS: Got something you'd like to ask California Republican Party Chairman Tom Del Beccaro? Go to our Facebook page at facebook.com/capitolalert, and fire away. He's coming to the Capitol Bureau this morning for an interview at 9:30 a.m.

CSU PAY: California State University trustees are considering executive pay and compensation at their meeting today in Long Beach, and its chairman plans to propose a cap in response to pending legislation, the Los Angeles Times reported Tuesday. Democratic Sen. Elaine Alquist's Senate Bill 952 proposes codifying a 10 percent cap into law. Democratic Sen. Ted. Lieu -- whose Senate Bill 959 would limit campus presidents' salaries -- will be among those testifying. Other CSU-related measures include Democratic Sen. Leland Yee's Senate Bill 967, which would bar CSU trustees from hiking executives' pay in bad budget years or within two years of a tuition increase.

REALIGNMENT: Speaking of PPIC, its luncheon program today focuses on the fiscal relationship between state and local governments, with State President Pro Tem Darrell Steinberg and Assembly Republican leader Connie Conway among the scheduled speakers. The deadline has passed, but you can read the agenda here.

WOMEN IN MEDIA: California's second lady, Jennifer Siebel Newsom, is a special guest tonight as the Crest Theater screens her documentary, "Miss Representation," about media portrayal of women. The screening starts at 6 p.m. after a 5 p.m. reception. The Legislative Women's Caucus and the California Commission on the Status of Women are sponsoring the event at 1013 K St., Sacramento.

EDITOR'S NOTE: This post has been updated to add mention of other CSU-related measures pending before the Legislature.

Former Republican Sen. Sam Aanestad is weighing a run for the Northern California congressional seat being vacated by retiring GOP Rep. Wally Herger.

The Penn Valley Republican said he learned of Herger's decision after returning home from Mexico, where he had been vacationing without access to his cell phone or lap top, several days ago. Since then, he has been "making phone calls to see if there is any support" for a run for the newly drawn 1st Congressional District.

Aanestad, who ran unsuccessfully for lieutenant governor in 2010, said the addition of a new partner at his Grass Valley oral surgery practice has given him the time and flexibility to run. He said the 12 years he spent serving in overlapping state Senate and Assembly districts makes him a good fit for the House district, which runs from Yuba City to the Oregon border.

"I already know most of the local issues of each of the areas and the people involved in the history," he said. "It wouldn't be much of a learning process in terms of getting up to date on what the issues are for the district."

News that he is considering entering the race was first reported by FlashReport publisher Jon Fleischman on Twitter. GOP Sen. Doug LaMalfa, who succeeded Aanestad in the Senate, has already announced plans to run for the congressional seat with Herger's backing.

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Democratic Assemblyman Sandre Swanson has decided not to challenge Democratic Sen. Loni Hancock for the newly drawn 9th Senate District next year, eliminating a potentially costly and divisive same-party battle for the East Bay seat.

In a statement released by the Senate Democratic Caucus, the Alameda Democrat said he would hold off on seeking the Senate seat until 2016, when he plans to run with Hancock's endorsement. Both Swanson and Hancock cited the caucus' efforts to pick up the two seats needed to hold a two-thirds majority in the upper house in the joint statement.

"As Democrats, we must come together to work for the good of all Californians," Swanson, who has now endorsed Hancock, said in a statement. "2012 provides an incredible opportunity for us to achieve a supermajority in the State Senate and that must be every Democrat's top priority."

Swanson, who is termed out of the Assembly this year, had announced in December that he would run for the safe Democratic seat, claiming Hancock had previously promised that she would support him instead of seeking a second term. Hancock thanked Swanson for his support in the statement, saying she "can't think of a better person" to succeed her if she is re-elected next November.

"Nothing is more important," the Berkeley Democrat said in a statement."than having Democrats come together for the greater good."

SD09 Press Release

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Sandre Swanson to challenge Loni Hancock for state Senate

U.S. Sen. Al Franken will speak live from San Diego next month as California Democrats gather for the state party's spring convention.

The Minnesota Democrat and former comedian will keynote a dinner event during the three-day confab, party spokesman Tenoch Flores said today. The $120-a-plate dinner will be followed by a separate event featuring a performance by Eli "Paperboy" Reed.

Flores said Franken's work on health care and financial regulation since winning election to the U.S. Senate in 2008 made him a good fit for the convention, which will be held Feb. 10-12 at the San Diego Convention Center.

California voters like Gov. Jerry Brown's idea of making high earners pay more taxes, but otherwise are of mixed minds about solving the state's chronic budget woes, according to the Public Policy Institute of California's latest poll on the topic.

Here are a few findings from the poll, released today:

• Among likely voters, 40 percent think the budget problem should be solved through a mix of cuts and tax increases, while another 41 percent think it should be solved mostly through spending cuts.
• But about half of likely voters oppose Gov. Jerry Brown's welfare cuts, and 75 percent oppose the school cuts he's threatened if tax increases don't pass.
• More than 60 percent would pay higher taxes to maintain funding at current levels for K-12 education, while slightly less than half would shell out more for higher education or health and welfare.
• But nearly two-thirds are opposed to raising the sales tax, while 68 percent favor raising income tax rates on the wealthy. Both provisions are in Brown's plan.
• Less than half - 48 percent - favor Brown's entire plan, cuts and tax increases included.
• Two-fifths of college graduates said they knew very little or nothing about the budget. Only 11 percent of all voters could identify both the top spending category (K-12 schools) and top revenue source (income tax).

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.

In yet another blow to California's troubled high-speed rail project, California's state auditor said this morning that the project's financing is "increasingly risky" and its oversight inadequate.

In a follow-up report to her agency's 2010 critique of the project, state Auditor Elaine Howle said the California High-Speed Rail Authority's most recent business plan relies on uncertain funding sources and that "the program's overall financial situation has become increasingly risky."

Howle's report is the latest in a series of critical reports about the project, including by the Legislative Analyst's Office and the rail authority's own peer review group. Gov. Jerry Brown is trying to press the nearly $100 billion project through the Legislature this year.

Howle's report questions the authority's ridership projections, saying the group that reviewed those numbers was "handpicked" by the authority's chief executive officer, and it accused the authority of failing to adequately manage its many contractors.

"Without sufficient staffing," the report said, "the authority has struggled to oversee its contractors and subcontractors, who outnumber its employees by about 25 to one."

Howle also said the rail authority violated a state rule prohibiting agencies from splitting contracts to avoid competitive bidding requirements, dividing $3.1 million in information technology services into 13 different contracts with one vendor over 15 months.

In a written response, the rail authority said contract management remains "a huge challenge for the authority due to a lack of sufficient qualified staff." But it discounted as "purely speculative" Howle's claim that the plan is financially risky.

The authority all but conceded that it had mismanaged its information technology contracts, saying it "will develop procedures to detect and prevent contract splitting."

Republican Tony Amador, a Lodi resident and retired federal marshal, will seek the newly drawn 9th Assembly seat stretching from south Sacramento through Elk Grove to Lodi.

Amador will compete against a field expected to include incumbent Democratic Assemblyman Richard Pan -- who is moving into the district to run - and Elk Grove City Councilwoman Sophia Scherman, a Republican.

Amador said the new district is a perfect fit for him because he lived in Elk Grove for nearly 20 years before moving to Lodi in 2009. Voter registration favors Democrats, however, by 13 percentage points.

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.

President Barack Obama delivers the State of the Union address today.

Sacramento's speech-watching party for Obama supporters will be held at 5 p.m. at Head Hunters restaurant, 1930 K Street. Find a watch party near you here.

In case you feel accessories are required, the Obama campaign is offering "I bark for Barack" car magnets featuring first pet Bo.

We checked with the state Republican Party for a watch-party list, but none was available. Capitol Alert suspects GOP voters are spending their time at debate-watching parties these days.

The California University System Board of Trustees meets today and tomorrow. Among items on the agenda: collective bargaining, campus planning and presidential compensation. Guess which one is likely to get the most attention?

Find live-streaming of the public sessions here beginning at 11 a.m. today.

DOMESTIC WORKERS: Advocates of a Domestic Worker Bill of rights will travel to the Capitol today for a 10 a.m. march and 11:30 a.m. children's festival. They promise clowns, balloons, arts and crafts and games, along with visits to legislative offices. Their goal is revival and passage of Assembly Bill 889, by Tom Ammiano.

CAKE AND CANDLES: Happy birthday to Sen. Lou Correa, D-Santa Ana, who turns 54 today.

Democrats across the state gathered over the weekend to make early picks for candidates the party should support on the June primary ballot.

The pre-endorsement votes, held each election year ahead of the state Democratic Party convention, garnered extra interest this year due to the number of competitive races and the unknowns of running under the top-two primary system, which will send the top two vote-getters, regardless of party, to a November runoff.

A candidate must receive 70 percent of the vote from participants in the pre-endorsement process, which includes Democratic State Central Committee members, county central committee members and representatives of chartered clubs and organizations, to snag a recommendation and a spot on the consent calendar at next month's state party convention in San Diego. Recommendations for districts where one candidate won more than 50 percent of the vote but failed to hit the 70 percent mark will be decided during caucuses at the convention, including the 30th Congressional District showdown between Democratic Reps. Howard Berman and Brad Sherman

In seats where no candidate won more than 50 percent of the vote, such as the Sacramento-area's crowded Assembly District 8 race, no recommendation has been made.

The preliminary results are posted below. A final tally will be released once party officials receive and certify results from the regional meetings.

Preliminary Pre-Endorsement Conference Results