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SENATE BILL 1165 (SHER AND ORTIZ – 1999)

CHAPTER 49, STATUTES OF 1999, SB 1165

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Code of Civil Procedure section 1094.8 was added in 1999 following legislative approval of Senate Bill 1165.  (See Exhibit #1d)  Senators Byron Sher and Deborah Ortiz introduced this single-section measure, relating to expedited judicial review, on February 26. 1999.  (See Exhibit #1a) The City of San Jose sponsored the bill.  (See Exhibits #4, document SP-41 and #11, document PE-2)

Senate Bill 1165 was assigned to both the Senate and Assembly Committees on Judiciary where policy issues raised by the bill were considered.  (See Exhibits #3 and #7)   Three amendments were made to Senate Bill 1165.  (See Exhibits #1b through #1c and #2)  Subsequent to legislative approval, Governor Gray Davis signed Senate Bill 1165 on June 28, 1999, and it was recorded by the Secretary of State on that day as Chapter 49 of the Statutes of 1999.  (See Exhibit #1d)

The Office of Senate Floor Analyses prepared an Unfinished Business analysis that described Senate Bill 1165, as last amended on June 9, 1999, as follows:

This bill provides for an expedited hearing process for judicial appeal of local administrative permitting actions which affect expressive conduct protected by the First Amendment.
(See Exhibit #10)