because it features condoleezza rice. they say the former speaker represents crisis for american families. and meg whitman and jerry brown will carry a debate next tuesday september 28th. it is day 83 of california's fiscal year and there is still no budget in sight. the state capital was dark again today as lawmakers remain on break. the big five have not met since friday. the democratic and republican leaders must reach an agreement before it can go before the full legislature. governor arnold schwarzenegger says he will not approve any fund that includes reform. proposition 25 would lower the vote threshold down to 2/three so lawmakers could pass

measures with a simple majority. ken pritchett has the details. >> reporter: as of today the ad war is under way for proposition 25 which gives voters the chance to change how business is down here at the capital for better or worse. it was day 83 of the budget impasse. some say voters can solve future votes with prop 83. richard stapler is a spokesman for yes on 25 which today launched the first ad. prop 25 would replace the current 2/3 vote with a simple majority. raises taxes would still take a 2/3 vote. and te budgets would hit lawmakers in the wallet. >> legislators don't pass a budget they don't get paid and

they don't get paid back at all everyone if they do pass a budget. >> if you look at the yes side, you would think this is a grass roots effort. this is a way to punish the legislature, it's not. >> reporter: john cupal says 25 is full of loopholes. he says lawmakers can simply pass a phony budget no governor would sign. >> as long as they pass it, they have to get paid. >> reporter: he says taxes will increase, but supporters say 25 is simply not written that way. >> any charge or suggestion to say that prop 25 will make it easier to pass taxes absolutely absurd. >> reporter: proposition 25 would shift powers democrats would benefit and republicans who are currently in the minority would not have enough

ability to block a budget they do not like. ken pritchett, ktvu channel 2 news. there was a big push today from both side of the debate over proposition 19 to legalize marijuana. prop 19 would make it legal to have, grow or transport marijuana for personal use. opponents say the law would create legal confusion as cities try to determine how much they can and should cooperate with federal drug authorities. but supporters say governments could raise governments by taxing marijuana and the law would free up police officers. >> legalize marijuana and arguably a whole lot of police activity, law enforcement activity will go into arresting individuals that are committing real crime. >> reporter: in sacramentoable opposition to prop 19 came from

an unexpected place. the cannabis association says it opposes the measure. the group says the law would inadvertently hurt cannabis patients because the law would prohibit the sale of marijuana. nay say that would force patients to drive farther to other areas where marijuana sales are allowed -- they say that would force patients to drive farther. today ktvu news got a first look inside the new death penalty chamber which is ready to be put to use next week. that's when albert greenwood brown is expected to be executed for the killing of a 15-year-old river side county girl in 1980. ktvu's rob roth is at san quentin now with that report. >> reporter: here blind these gates at san quentin -- here behind these gates at san

quentin are being allowed to see the new chamber. the new chamber is about five times larger than the previous one. here is a side by side comparison, the new chamber is what used to be a visitor center. it is here that albert greenwood brown is scheduled to die at one minute past midnight a week from tomorrow. it would be the first execution in california in almost five years. >> we're following the regulations to the t. >> we're preparing for an execution. we're preparing to facilitate one next week. >> reporter: the chamber room is clinical looking with bare white walls. the new facility has a larger viewing area with separate sections each for relatives of the victims and guest of the condemned. before witnesses and relatives were crammed into one room.

>> it's night and day. much larger. >> reporter: in the drug infusion room, four phone hot lines have been installed, including one that goes directly to the governor and one to the supreme court. it cost $100 million to build the facility. death penalty opposers say it's a waste of money. >> reporter: the new chamber was constructed about two years ago but with an execution possibly on the horizon, officials decided it was time to let the cameras inside. rob roth, ktvuchannel 2 news. south san francisco officials today said they were surprised that the pipeline running underground was not on the list of 100 riskiest

pipelines. pg & e released the list yesterday. further evaluation showed the south san francisco natural gas line is in good condition. >> but we need to know exactly the section of pipe that was referenced in that previous report and get it prepared as soon as possible. and know what the condition of the rest of the pipelines. the work is now expected to take place in 2013. today a judge decided to wait for jury selection to begin before determining if there should be a change of venue in the high profile chauncey bailey murder trial. the trial of yussef bay iii will remain in the bay area for now. the defense attorney wants the trial moved to los angeles because of pretrial publicity in the bay area. another judge will consider setting a trial date at a hearing on thursday. in san jose this morning a teenage driver suspected of driving under the influence

crashed and his passier -- passenger was killed after being trapped inside the vehicle. robert handa is present at today's crash site. >> reporter: as you can see, a memorial is still building for the young man who died. law enforcement agency says this type of scene is becoming all too familiar. police say the teenage driver of this white ford explorer crashed into a pole. neighbors say they came out after hearing an explosion. >> flames on the fire probably 15, 20 feet at the most. but you know pretty intense. >> a young man the passenger was killed at the scene. and friends set up a memorial with his picture and name. the medical examiner's office has not released the name yet. >> reporter: police say the driver 18-year-old mitch pennings was arrested for

felony driving under the influence, and vehicle manslaughter. pennings was intoxicated and was found walking about a block from the scene. today's incident follows last friday's crash when a teenage driver was arrested for dui after his sedan collided with a big rig. one passenger died and four others were injured. last week in san jose, another teenager was arrested for being under the influence. >> i just want kids and everybody to just listen to your loved ones. because if not, there is consequences. too much fun results to death. >> reporter: it's something friends of today's victims aren't thinking about. >> he was a good guy. he was in a little trouble sometimes, definitely didn't deserve this. definitely not. >> reporter: as friends and family members deal with their

losses, investigations continue into all three crashes. live in san jose, robert handa, ktvu channel 2 news. san francisco mayor gavin newsom wasted no time vetoing a new law. under the law distributors would face a tax on beer, wine and hard liquor sales. the revenue would have been used to help pay the public cost of alcohol related health problems. newsom had threatened to veto the legislation all along saying it's probably illegal and would hurt thousands of business in an already bad economy. ac transit riders young and old are joining forces to approve cuts. many riders say they will fill the meeting tomorrow to fight the proposal. they say it would impact young

and old riders by limiting the services they receive. a first of its kind effort to get rid of bedbugs. coming up the two things you can do to avoid getting bitten. and i'll show you the five day forecast, it includes some very warm weather. what do you do with the caucus of a 40-foot whale that washes up on shore. what crews in san francisco did today when faced with that task.

it was a mixed day on wall street. stocks were trending lower until the feds said they would

be willing to help. senate republicans blocked an effort by republicans to lift don't ask don't tell. it included a provision lifting the ban on the military. the vote was a huge plow on supporters of gay rights. >> these are real people's lives. tomorrow we'll have more people being fired from the military for being gay or lesbian for no good reason. it is a creepy, crawlly and expanding problem. you've probably heard the horror stories about bedbugs. such a growing problem, experts are holding the first bedbug summit and it's packed. calls of beg buds are at an all time high and people are spreading the word of where the bedbugs are.

maureen naylor is in san jose with this report. >> reporter: online you can find at least a dozen complaints of bedbugs for this area of san jose alone. and the issue is popping up in more homes and apartments. the insect is about the size of a lentil but magnify the bedbug 60 times larger and it's upsetting. one website allows people to type in cities and read accounts. the website does not verify the postings. 20,000 complaints have been posted so far including one for the santa clara hilton. the general manager says a pest control agency came in and certified no bedbugs have been found. he says the center sent a response to the website which

was never posted. the vector control for bedbugs jumped dramatically this year. >> this year we have 70 calls. >> reporter: more calls are coming in from apartments and homes. >> first it was people that had stayed at hotels. more than half of them are not hotels. >> reporter: the insects don't carry diseases but the blood sucking insects have prompted this frequent traveler to take precautions. >> when i get to a hotel, i pull the covers off of the mattress and check the rim around the bed because that's where they hide. >> reporter: and he also does not put his suitcase on the

hotel bed which is recommended so that you don't take any bedbugs with you. the goal of 40% reduction of garbage in 2013. south san francisco says it could cost $400,000 a year. scientists in san francisco are trying to solve a mystery tonight. they want to know what species of whale washed on shore. today it took three bulldozers to move the 47-foot whale. it's the second one found in recent days here in the bay area. scientists say the huge bite marks in the whale are from great white sharks. scientists will perform dna analysis on tissues that were taken today. a cooler day around the bay area but things are expected to heat up again and soon. let's check in now with our chief meteorologist bill martin

for the latest on that. >> julie, temperatures have dropped off today. they're down about four, five, 7 degrees in many neighborhoods. temperatures are going to remain about where they are or were today for tomorrow. so no big changes. right now the big change has been along the coast. the fog has lifted. now we just have high clouds out toward freemont and hayward and pleasantton. less cloud cover tomorrow and a lot less cloud cover down the road. the weather headline extended forecast we're looking for a warming trend. record heat, i don't think so but temperatures in the 90s and we haven't seen that in a while. these are your wednesday morning forecast lows. about where they should be. the fog won't be as far inland it won't make it out into vallejo like it did this morning so you're going to have more sunshine. your wednesday, one more day of this high pressure center. and then when this goes it

leaves a hole or a vacuum. the winds start to pump offshore. that's an offshore flow. in southern california, it's called a santa ana condition. those winds will take the fog, move the fog away from the coast as the air sinks it actually warms. air rises it cools. air sinks, it actually warms. tomorrow will be very cool. these are 60s those greens in san mateo. out toward oakland and freemont. upper 60s, low 70s for the rest of us, you might find some 80s, low 80s. 73degrees at the end of the day. 70 in san rafael. 70 in nevado. forecast highs in the east bay mid-70s. good air quality day, fire danger not too bad. but that's all going to change

around with the five day forecast which includes a significant heat up. we could see fire concerns and certainly see issues with air quality as we head into thursday, friday and saturday. >> the weekend looks good though. car seat advocates says tens of thousands of children are at risk right now even though they are riding on a safety seat. that's the message for passenger safety week. 96% of kids are placed in car seats but improper installations mean they are still in danger. >> the chances are that a parent taking that car seat out of the box, putting it in a car, it appears to be right. there's a 90% chance that seat is not installed properly. >> ed beaudette's 9 -month-old daughter was killed in a crash because that seat was not

placed in properly. the california medical association filed a lawsuit in alameda county. the cma says the program launched in june is designed to steer people to less expensive doctors and save the insurer money. blue shield says it's not true. recommendations are based from independent groups. exposure to the chemical bpa is more common, perhaps more dangerous than previously believed. the university of phoenix called for more studies to review the effects that bisphenl-a had on humans. a chemical industry spokesperson dismissed the health concerns as overblown. the best of the bay area. which restaurant has just been named after the most popular, it also has the best food and the best service.

gary genco in san san francisco in the bay area is

still the best restaurant. best food, best service and most popular. the el toninse taco truck was they're top choice. >> i've heard a lot about those taco trucks lately. they're becoming very popular. >> they have some good food. >> they do. a lot of people talking about the 49er game. >> everybody wants to hash it over. talk about why the 49ers were not able to take the win. total offense they outgained new orleans 419 to 287 yards. outburst downed them 24-17, but the scoreboard that's all that

matters despite what frank gore says. >> they made so many mistakes. they couldn't handle us. >> putting ourselves in the hole was the mistake we made early on in that game. it's hard to stay at the end. i can probably point five or six of them put us behind the ball when you play a team like that, it's going to come back and get you. >> meantime the giants kind of had that tension put on hold, only 12 games left. a half game lead in the west but they have rain delay back in wrigley field chicago over an hour and 15 minute raindelay but they are just getting started. last night the gentleman in the spiderman outfit tripped by one of the braves outfielders matt diaz and that allows the security team at philadelphia to finally track him down. thanks to the atlanta

outfielder. young 17-year-old sean hagan was sent to a detention center. his parents picked him up this afternoon and apologized for their son's little spider man outburst. that's the sporting life at this hour. >> i guess we shouldn't laugh at that? coming up on bay area news at 7:00. the new best restaurants list is out. that is providing affordable places to eat. that's coming up on tv 36.