San Diego Union-Tribune

By Samantha Young

ASSOCIATED PRESS

9:15 p.m. September 10, 2007

SACRAMENTO – Semiautomatic handguns made and sold in California would have to be equipped with an emerging technology that marks bullet cartridges with a stamp, under legislation sent Monday to Gov. Arnold Schwarzenegger.

Supporters say the micro-stamping requirement, the first in the nation, will help police track down criminals.

The state Legislature also passed bills that would ask a state commission to investigate whether consumers are getting ripped off by high gas prices, require manufacturers to make energy-saving light bulbs and mandate labels for food that comes from cloned animals.

The actions came as the Assembly and Senate were voting on dozens of bills in the final days of this year's legislative session.

Under the gun bill, every semiautomatic handgun sold in California would have to “microstamp” each bullet cartridge in two locations whenever it is fired. The stamp would identify the gun's make, model and serial number.

The bill would take effect in 2010, if signed by Gov. Arnold Schwarzenegger.

Supporters promoted the measure as a critical tool for law enforcement investigating crimes.

“Microstamping technology would allow law enforcement to tie a bullet casing to a bullet to a gun to an owner,” said Assemblyman Lloyd Levine, D-Van Nuys. “Even if the owner did not commit a crime, at least this bill would provide law enforcement with one more lead in determining who did commit the crime.”

Opponents include the National Rifle Association. The bill's critics said the technology was unreliable and subject to abuse, and said criminals could file the microstamp from their guns.

They also warned that criminals could implicate innocent people by collecting cartridges at firing ranges and leaving them at crime scenes.

“Any professional criminal is simply going to either fix their weapon so it doesn't leave behind evidence, use a pistol which would not leave behind evidence or frame somebody else,” said Assemblyman Chuck DeVore, R-Irvine.

The bill would not affect revolvers, rifles or shotguns, but supporters say semiautomatics are the weapon used in a majority of homicides committed with firearms.

Unlike revolvers, semiautomatic handguns eject a cartridge each time they are fired, scattering evidence at a crime scene.

Similar legislation has been introduced in Massachusetts and Rhode Island, according to the bill's author, Assemblyman Mike Feuer, D-Los Angeles. A federal bill, modeled on California's, is being drafted by Sen. Edward Kennedy, D-Mass., and Rep. Xavier Becerra, D-Los Angeles.

The Assembly passed the bill on a 43-29 vote. Schwarzenegger has not said whether he will sign the bill once it reaches his desk.

ABANDONED BABIES – Allows parents to anonymously drop off newborns at hospitals, fire stations and other designated “safe surrender” sites for seven days after birth, instead of the current 72 hours. Bill author Assemblyman Alberto Torrico, D-Fremont, said the extra time would save babies' lives by giving parents more time to give up unwanted children for adoption instead of abandoning them to die in remote locations. The 58-5 vote sent the measure back to the governor, who last year vetoed a similar bill that would have given parents 30 days to abandon a newborn baby.

GASOLINE PRICES – The California Energy Commission should survey gas stations next year to determine whether Californians are being overcharged for the gasoline they pump during hot weather. Bill author Assemblyman Mike Davis, D-Los Angeles, said most gas stations do not consider that fuel expands with heat when they set prices. Most stations set prices for 60-degree weather, meaning Californians could be paying 3 cents more for every gallon of so-called “hot fuel” when temperatures rise above 60 degrees. The Assembly voted for the survey on a 43-23 vote, sending it to the governor.

FAMILY PLANNING – Family planning clinics would receive their first reimbursement hike in 20 years. Supporters said the extra money would help clinics serve thousands of low-income women who are currently turned away when seeking contraception, counseling, annual exams and health screenings. The rate increase – equal to 80 percent of the amount paid by the federal Medicare program – would make California eligible for another $9 million in federal matching funds, said Assemblywoman Patty Berg, D-Eureka. Opponents said any rate increase should have been debated during the budget negotiations earlier this year. The Assembly sent the bill to the Senate for final approval on a 44-28 vote.

EFFICIENT LIGHTBULBS – The Assembly sent a bill to the governor that is intended to reduce the amount of energy used in homes and businesses. It would require the California Energy Commission to set light bulb performance standards. The bill's author, Assemblyman Jared Huffman, D-San Rafael, said the electricity saved by using more efficient bulbs would eliminate the need for five 1,000-megawatt power plants and reduce carbon dioxide emissions by as much as 6 million metric tons a year. Critics said California already leads the nation in energy efficiency and that mandating more efficient bulbs would lead to higher prices that low-income residents cannot afford. The bill passed 44-20 and was sent to the governor.

CLONED FOOD – Labels would be required on steaks, pork chops, milk and other products that come from cloned livestock. Assemblyman Mervyn Dymally, D-Compton, said the measure would give Californians an informed choice about the food they eat. But critics said labels would stir unfounded hysteria. Assemblyman Allan Nakanishi, R-Stockton, said there was no evidence that cloned food posed a health threat. The federal government last year preliminarily approved meat and milk from cloned animals while it conducts further studies. Lawmakers sent the bill by Sen. Carole Migden, D-San Francisco, back to the Senate on a 42-32 vote.

MENU NOTIFICATION – Restaurant chains would have to list the calories, fat and salt in their standard menu items under a bill approved by the Assembly. Assemblyman Mark DeSaulnier, D-Martinez, said the bill would better inform customers and target an obesity epidemic that costs California $28 billion a year in health care-related expenses. The bill by Sen. Alex Padilla, D-Los Angeles, would not apply to so-called mom and pop restaurants or those companies that do not have more than 15 eateries in the state. Opponents complained the bill would add to businesses' costs and do little to address the lifestyle habits of Californians. The Assembly sent the bill to the Senate for final approval on a 41-31 vote.

CHILD RESTRAINTS – Children 8 years old and younger would be required to sit in child-restrain seats when riding in a vehicle unless they are a certain height. The bill would exempt children who are 4-foot-9 or taller.

Current law requires children 6 and younger who weigh less than 60 pounds to sit in the back of the vehicle in child-safety seats.

The bill, by Assemblyman Gene Mullin, D-South San Francisco, also would require that parents put infants who are less than 1 year old or weigh less than 20 pounds into a rear-facing car seat in the back seat of a vehicle. Supporters said the measure, which would take effect in June 2008, would help save lives. Schwarzenegger last year vetoed a similar bill and instead said parents should be educated to comply with existing regulations. Lawmakers sent Mullin's bill to the governor on a 44-16 vote.

NAME CHANGE – Men who marry could change their names simply by writing a new surname on a marriage certificate under legislation sent to the governor. The bill by Assemblywoman Fiona Ma, D-San Francisco, also would allow domestic partners to change their surname on domestic partner registration forms. Ma said the bill would allow couples to choose the surname of their choice. She said the bill was “about getting with the times.” Under current law, a husband or domestic partner must go through the often time-consuming and costly process of going to court to change their surname. The Assembly sent the bill to the governor without any debate. Opponents previously had criticized the measure for extending the right to domestic partners. It passed on a 41-22 vote.

The Senate took action on the following bills:

EXIT EXAM – Senators approved legislation that settles a lawsuit against the state Department of Education over the high school exit exam. A group of students sued, saying the exam should not be a mandatory graduation requirement because the quality of education varies throughout the state. AB347 by Assemblyman Pedro Nava, D-Santa Barbara, requires schools to offer personalized remedial tutoring to any student who can't pass the exam in time for graduation. They also must notify students of that option. It also requires schools to make special instruction available to English-language learners who have not been able to pass the test. Several of the plaintiffs in the lawsuit against the state were English-learners.

CELEBRITY ARRESTS – The bill stems from information leaked about the drunken driving arrest last year of actor and director Mel Gibson. It imposes criminal penalties on law enforcement officers or any others involved in an investigation who sell details or tips about a case. Gibson's arrest report was posted on a celebrity news Web site shortly after he was taken into custody. The measure, AB920 by Assemblywoman Julia Brownley, D-Santa Monica, passed the Senate unanimously. It now returns to the Assembly for a final vote. Brownley represents Gibson's district.

NEW JUDGES – The measure authorizes 50 new superior court judgeships across the state. The bill, AB159, by Assemblyman Dave Jones, D-Sacramento, passed 39-0 after Democrats dropped a demand that Schwarzenegger disclose the names of committee members who review judicial nominees. The bill now goes to the Assembly for a final vote.