Assembly Legislation

2015-162013-14

2015-2016

AB 6: Bonds: transportation: school facilities.

AB 6 will give voters the opportunity to halt the sale of bonds sold for high-speed rail purposes as stated to Proposition 1A and would also require the redirection of unspent dollars received from outstanding bonds issued and sold for other high speed rail purposes. This measure would also require the net proceeds of other bonds later issued and sold under the high-speed rail portion of the bond act to be made available to fund construction of school facilities for K-12 and higher education.

AB 85: Open Meetings

AB 85 will specify the definition of “state body” as stated in the Bagley-Keene Open Meeting Act to include an advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body of a state body that consists of 3 or more individuals, as prescribed, except a board, commission, committee, or similar multimember body on which a member of a body serves in his or her official capacity as a representative of that state body and that is supported, in whole or in part, by funds provided by the state body, whether the multimember body is organized and operated by the state body or by a private corporation.

AB 240: Department of Parks and Recreation: free day use entry

This bill would require the Dep. of Parks and Recreation to issue a free park pass to those who have been issued specialized license plates by the Dept. of Motor Vehicles. Those include: Pearl Harbor Survivor, Legion of Valor, former prisoner-of-war, Congressional Medal of Honor, Purple Harbor Veteran, and Gold Star Family license plate programs, with the pass to be valid for the period of time coinciding with the validity of the vehicle registration associated with the license plates. These are our country’s biggest war heroes – at the least they should be able to visit our State Parks for free.

AB 346: Vehicle infractions and misdemeanors: arrests

A proposal to amendment Vehicle Code Section 40302 providing that a person who is lawfully detained must present their face as part of the identification process. Refusing to show the driver’s face to law enforcement is not illegal; there is no requirement in law for example a motorcyclist to remove the helmet during a traffic stop.

AB 441: Identity theft: seniors: enhancements

This bill would provide an enhanced sentence of an additional 2 years imprisonment for a felony conviction when the victim was 65 years of age or older.

AB 542: Community colleges: early and middle college high schools

This bill would accept from the low enrollment priority requirement a student attending an early college high school if the student is seeking to enroll in a community college course that is required for the student’s early college high school program.

AB 624: Real estate appraisers

Would permit licensed and certified appraisers to complete appraisals for non-federally related transactions in compliance with recognized valuation standards other than USPAP, with the consent of the client and if the standards are properly identified in the appraisal report.

AB 658: County jails: inmate health care services: rates.

Solution to give hospitals the option to have the local law enforcement agency use the OSHPD cost to charge ratio or to provide the agency with a current approved cost to charge ratio from the Medicare program.

AB 687: Contracts: liquidated damages

This bill would provide that if parties to a pending action stipulate for settlement of an action, as specified, a provision of the stipulation liquidating damages for breach of the stipulation is valid unless the party seeking to invalidate the liquidated damages provision establishes that the amount of liquidated damages exceeds the damages, interest, recoverable costs, and reasonable attorney’s fees sought in the action.

AB 727: Castaic Lake Water Agency

This bill would authorize the Castaic Lake Water Agency to construct, operate, and maintain works to develop energy projects and to contract for the sale of the right to use facilities or real property for electric energy purposes.

AB 882: School bonds: portable electronic devices and instructional materials

A proposal adding a section to the Education Code prohibiting Prop 39 (2000) school construction bond funds from being used to purchase “instructional materials,” as already defined in the Education Code. This measure will ensure that future school construction bond funds are used for long-lasting improvements to our children’s schools.

AB 912: Local educational agencies: school bonds: notices

The goal is to ensure that for all debt secured by real property (general obligation bonds, certificates of participation, etc.) that the information is disclosed by the school district to the County Auditor and County Superintendent of Schools. Under current law, only non-voter approved debt requires such scrutiny.

AB 951: Local agencies

This bill would make changes to the Brown Act (open meetings law for local gov) that will make certain meetings for the Santa Clarita Sanitation District take place in the Santa Clarita Valley. Residents of the Santa Clarita Valley should be able to voice their support or opposition on decisions being made by the board without having to travel 50.6 miles to do so.

AB 1002: Civil actions: interpreter costs

Proposal to amend Code of Civil Procedure section 1033.5 to authorize any interpreter fees incurred in the course of civil litigation as an item of recoverable costs by the prevailing party. The cost of interpreter services is a legitimate, often necessary, and reasonable court cost, and should be recoverable by the prevailing party regardless of whether the party is indigent or represented by pro bono counsel.

AB 1109: Legislature: health benefits coverage

This bill would instead provide that the only health benefit plans available to a Member of the Legislature who is elected to or serving in office on or after January 1, 2016, with respect to his or her service as a Member of the Legislature, are health benefit plans that are offered through the Exchange. The bill would require the state to reimburse the Member of the Legislature for the cost of coverage in an amount not to exceed the amount of the state employer’s contribution for coverage for a Member as of December 31, 2015.

AB 1183: Sales and use taxes: deficiencies: judgment of dissolution of marriage

This bill would, notwithstanding those laws governing the liability of marital property, relieve a spouse of an unpaid sales or use tax or deficiency of that tax, if the other spouse has the sole obligation arising from a judgment of dissolution of marriage to pay the unpaid tax or a deficiency, or any portion of either.

AB 1281: Regulations: legislative review

This bill, whenever 25% of the Members of the Assembly or Senate transmit to the Governor their written declaration of opposition to a proposed regulation, would require a majority vote of the Assembly and Senate to adopt that regulation.

AB 1398: Environmental quality: the Sustainable Environmental Protection Act

Would serve as a litigation guide to some of the major issues within the California Environmental Quality Act. This will provide a very salutary purpose: it will turn the focus of CEQA back to its original intent, which was to be similar to The National Environmental Policy Act (NEPA)

AB 1566: Reports

AB 1566, which will help improve the accountability of our state agencies, specifically surrounding the recent actions of the California High-Speed Rail Authority.

This past October, the Los Angeles Times published an expose claiming the Rail Authority withheld specific documents in a 2014 report presented to the Legislature. The documents featured in the story revealed that the Authority had projected two separate cost estimates to complete the first segment of the project. The number presented to the Legislature stated the cost of the system from Merced to Burbank would cost $31 billion. However, the private estimate presented four months before the published report stated the costs would be $40 billion, a difference of $9 billion.

AB 1566 will require a written report submitted to the Legislature by any state agency or department to include a signed statement by the head of the agency or department declaring the factual contents of the written report are true, accurate, and complete to the best of his or her knowledge. In addition, any person who presents false material is eligible to a civil penalty of up to $20,000.

AB 1648: Public records

AB 1648 which will allow taxpayers to more easily access and share public records. State law requires that public records are never held by a private entity in a way that would prevent a state or local agency from being able to directly provide that public record.  AB 1648 would expand that right to members of the public.

AB 1796: Civil actions: intervention

Under existing law, any person who has an interest in a matter in litigation, or in the success of either of the parties, or an interest against both, may intervene in the action or proceeding. Existing law provides that a third person may become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, uniting with the defendant in resisting the claims of the plaintiff, or demanding anything adversely to both the plaintiff and the defendant, by filing a complaint setting forth the grounds upon which the intervention rests, as specified.

This bill would require that a person permitted to intervene file a complaint, answer, or both, setting forth the grounds upon which the intervention rests, and would make conforming changes to other provisions of law.

AB 1866: High-speed rail bond proceeds: redirection: water projects

This bill would provide that no further bonds shall be sold for high-speed rail purposes pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, except as specifically provided with respect to an existing appropriation for high-speed rail purposes for early improvement projects in the Phase 1 blended system. The bill, subject to the above exception, would require redirection of the unspent proceeds received from outstanding bonds issued and sold for other high-speed rail purposes prior to the effective date of these provisions, upon appropriation, for use in retiring the debt incurred from the issuance and sale of those outstanding bonds. The bill, subject to the above exception, would also require the net proceeds of other bonds subsequently issued and sold under the high-speed rail portion of the bond act to be made available, upon appropriation, to fund capital expenditures for water projects, including the construction of desalination facilities, wastewater treatment and recycling facilities, reservoirs, water conveyance infrastructure, and aquifer recharge. The bill would make no changes to the authorization under the bond act for the issuance of $950 million in bonds for rail purposes other than high-speed rail. These provisions would become effective only upon approval by the voters at the next statewide election.

AB 1902: Double Statute of Limitations

Establishes a 3 year statute of limitations for commencing a civil action for injury, illness, or wrongful death based on exposure to methane, benzene, mercaptan, or any other hazardous material or toxic substance resulting from the Southern California Gas Company Aliso Canyon SS-25 gas leak, as specified.

AB 1903: Aliso Canyon gas leak: health impact study

Directs the Office of Environmental Health Hazard Assessment to conduct a study of the health impacts of the Aliso Canyon gas leak.

AB 1904: Hazardous materials: natural gas odorants

Existing law authorizes the Occupational Safety and Health Standards Board to adopt, amend, and repeal occupational safety and health standards and orders. Existing regulations adopted pursuant to that authorization require natural gas that is delivered into any vessel or system, as specified, to have a distinctive odor of sufficient intensity so that the presence of the gas may be detected down to concentrations in air of not over 20% of the lower explosive limit, and require that these odorants be, among other things, harmless to humans, nontoxic, and noncorrosive to certain metals.

This bill would require the Office of Environmental Health Hazard Assessment to submit a report to the Legislature, on or before January 1, 2018, that includes an assessment of the danger of odorants currently used in natural gas storage facilities in the state to public health and safety and the environment, and that identifies alternative odorants for possible use in natural gas storage facilities, as specified.

AB 1905: Natural gas injection and storage: study

Directs the Natural Resources Agency to conduct an independent scientific study on natural gas injection and storage practices and facilities to make sure that state regulations are adequately protecting our residents.

AB 1955: State contracts: information technology goods and services: cybersecurity insurance

Existing law authorizes the Department of General Services and the Department of Technology to adopt rules and regulations as are necessary to govern the acquisition and disposal of information technology goods and services. Existing law requires contract awards for all large-scale systems integration projects to be based on the proposal that provides the most value-effective solutions to the state’s requirements, as specified, and requires evaluation criteria for the acquisition of information technology goods and services, including systems integration, to provide for the selection of a contractor on an objective basis not limited to cost alone.

This bill would require a state agency procuring information technology goods or services to give a preference to vendors that carry cybersecurity insurance.

AB 1956: Network security

Existing law requires a device that includes an integrated and enabled wireless access point, if the device is manufactured on or after October 1, 2007, for use in a small office, home office, or residential setting, and that is used in a federally unlicensed spectrum, to include a warning advising the consumer how to protect his or her wireless network connection or a warning sticker, or to provide other protection that, among other things, requires affirmative action by the consumer prior to use of the device.

This bill would make nonsubstantive changes to this provision.

AB 1986: Water resources: permit to appropriate: application procedure

Gives members of the community the opportunity to make a case to state regulators as to why the CEMEX mega mine would be disastrous to the Santa Clarita Valley.

AB 2033: Code of Regulations: distribution

Aligns code with the practice of filing the CA Code of Regulations with County Libraries or County Law Libraries, not the currently listed County Clerk.

AB 2287: Horse racing: satellite wagering: out-of-country thoroughbred races

Existing law authorizes a thoroughbred racing association or fair to distribute the audiovisual signal and accept wagers on the results of out-of-country thoroughbred races during the calendar period the association or fair is conducting a race meeting, without the consent of the participating horsemen’s organization. These imported races are subject to specified conditions, including the condition that a thoroughbred association or fair may not accept wagers on out-of-country races commencing after 5:30 p.m., Pacific standard time, without the consent of the harness or quarter horse racing association that is then conducting a live racing meeting.

This bill would make nonsubstantive changes to these provisions.

AB 2416: Escrow agent rating service

Existing law, the Consumer Credit Reporting Agencies Act, requires every consumer credit reporting agency, upon request and proper identification of any consumer, to allow the consumer to visually inspect all files maintained regarding that consumer at the time of the request. Existing law requires every consumer reporting agency to advise the consumer of the agency’s obligation to provide a decoded written version of the file. Existing law grants the consumer the right to request and receive a decoded written version of the file. Existing law requires a consumer credit reporting agency to disclose the recipients of any consumer credit report on the consumer which the consumer credit reporting agency has furnished, as specified.

Under existing law, a consumer credit reporting agency is required to furnish a consumer credit report only under certain circumstances, including in accordance with the written instructions of the consumer to whom it relates. Existing law prohibits a consumer credit reporting agency from making any consumer credit report containing specified information. Existing law requires every consumer credit reporting agency to maintain reasonable procedures designed to avoid disclosing certain information and to limit the furnishing of consumer credit reports to specified purposes. If the completeness or accuracy of any item of information in a consumer’s file is disputed by the consumer, existing law requires the consumer credit reporting agency to reinvestigate and record the current status of the disputed information within a specified period of time. Existing law requires each consumer credit reporting agency that compiles and reports items of information that are matters of public record to specify the source from which that information was obtained. Existing law requires a person that procures a consumer credit report for the purpose of reselling the report to take specified actions.

Existing law authorizes any consumer suffering damages as a result of a violation of the Consumer Credit Reporting Agencies Act by any person to bring a court action for damages or injunctive relief, as specified.

Existing law requires an escrow agent rating service, as defined, to comply with the provisions described above. Existing law makes an escrow agent rating service subject to the requirements applicable to a reseller of credit information if it acts in that capacity, as specified. Existing law requires an escrow agent rating service to establish policies and procedures to protect the personal information it obtains from escrow agents. Existing law authorizes an escrow agent, as defined, who suffers damages as a result of the failure of an escrow agent rating service to comply with these provisions to bring a court action for specified damages. Existing law repeals, on January 1, 2017, these escrow agent rating service requirements.

This bill would instead extend the operation of the escrow agent rating service requirements indefinitely.

AB 2587: School funding: average daily attendance calculation

Existing law establishes a public school system that requires state funding for school districts and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires the local control funding formula, in part, to be based on average daily attendance, as defined.

This bill would provide that, for the purposes of funding, the average daily attendance for a school district or charter school that has an average daily attendance calculated to be 94% or higher shall be considered 100%.

AB 2637: Franchise investments: offer and sale of registered franchises: registration exemption

The Franchise Investment Law generally regulates the offer and sale of franchises and provides for oversight of these transactions by the Commissioner of Business Oversight. The law prohibits, among other things, the offer or sale of a franchise that is not registered with the commissioner, unless exempted from this registration requirement. The law exempts from this registration requirement the offer and sale of a franchise on terms that are different from the terms of a registered offer, if certain conditions are met. Those conditions include, among others, that a prospective franchisee receives information regarding terms the franchisor negotiated during the previous 12 months, as specified, and that the negotiated terms, on the whole, confer additional benefits on the franchisee.

This bill would modify the conditions for an exemption to the registration requirement by removing these 2 conditions and instead imposing the condition that a disclosure document states that California law does not prohibit a franchisor from negotiating, or require a franchisor to negotiate, the standard franchise agreement contained in the disclosure document. The bill would also make technical and conforming changes to this modification, including, among others, the removal of authority for the commissioner to prescribe by rule or order the format and content for a franchisor to provide information regarding terms the franchisor negotiated during the previous 12 months.

AB 2706: Teachers: credentialing

Existing law requires the Commission on Teacher Credentialing to issue a 5-year preliminary multiple subject teaching credential authorizing instruction in a self-contained classroom, a 5-year preliminary single subject teaching credential authorizing instruction in departmentalized classes, or a 5-year preliminary education specialist credential authorizing instruction of special education pupils to an out-of-state prepared teacher who meets specified requirements, including that the teacher possess a baccalaureate degree from a regionally accredited institution of higher education.

This bill would make nonsubstantive changes to those provisions and other related provisions.

AB 2806: School districts: Los Angeles Unified School District: inspector general

Existing law, until January 1, 2025, authorizes the Los Angeles Unified School District’s Inspector General of the Office of the Inspector General to conduct audits and investigations, as specified, including administering oaths or affirmations. Existing law makes it a misdemeanor, punishable as specified, for a person, after the administration of an oath or affirmation, to state or affirm as true any material matter that he or she knows to be false. Existing law also requires the inspector general to submit annual interim reports by July 1 of each year, and a final cumulative report by December 1, 2024, that includes specified information.

This bill would prohibit the inspector general from auditing or investigating a charter school or an entity that operates charter schools for the purpose of evaluating a charter school for consideration of revocation, renewal, or ongoing oversight, unless the audit or investigation is authorized by the governing board of the Los Angeles Unified School District and meets each of several conditions, as provided.

The bill would, except as provided, make any disclosure of information by the inspector general or that office that was acquired pursuant to a subpoena of the private books, documents, or papers of the person subpoenaed punishable as a misdemeanor. By creating a new crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

ACR 12: Ronald Reagan Day

ACR 12 declares February 6, 2015 as "Ronald Reagan Day" to honor the late, great, President Ronald Reagan.

ACR 16: Los Angeles County Sheriff’s Deputy Shayne Daniel York Memorial Highway.

Designates the portion of Interstate 5, between Newhall Ranch Avenue and Hasley Canyon Road as Los Angeles County Sheriff’s Deputy Shayne Daniel York Memorial Highway.

ACR 89: Connie Worden-Roberts Memorial Bridge

This measure would designate the Golden Valley Road Bridge over State Highway Route 14 in the City of Santa Clarita as the Connie Worden-Roberts Memorial Bridge. The measure would request the Department of Transportation to determine the cost for appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.

ACR 110: Korean-American Day

ACR 110 designates January 13, 2016 as Korean-American Day.

ACR 134: Simi Valley Police Officer Michael Clark Memorial Overcrossing

ACR 134 will designate the First Street Overcrossing at the 118 freeway in Simi Valley as the Simi Valley Police Officer Michael Clark Memorial Overcrossing.

Officer Clark always put others first and was a devoted husband and father who deserves to be remembered for his brave actions as well as his service to California as a public safety officer.

Supervisors characterized Officer Clark as being a solid, well-rounded Police Officer who was always one of the highest producers on the shift. He was well-liked within the ranks of the Los Angeles Police Department and was described by friends and coworkers as a compassionate, caring, individual who was genuinely concerned about people.  

Senator Fran Pavley has joined me as a principal co-author on this measure.

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2013-2014

AB 806: Community colleges: salaries of classroom instructors

Eases restrictions on use of community college funds marked for in-classroom instruction. Allows salaries of community college counselors to be considered as class instruction expenses in order to reduce the drastic shortages of counselors. Would also increase funding designated for in-classroom instruction to 52% of all revenue received by community colleges from the current requirement of 50%.

AB 1130: Insurance: home protection contract

Streamlines the application process required of out-of-state applicants for a home protection company license while ensuring that these companies have to provide the same financial and solvency reports as currently required from domestic home protection companies.

AB 1221: School employees: discipline: suspension and dismissal

Reforms the process for dismissing public school teachers due misconduct.

AB 1355: Limited liability companies: indemnification: agents

Requires a limited liability company to indemnify its agent for the successful defense or settlement of claims brought against the agent by reason of his or her agent status.

AB 1680: Child Performer Services Permit

Requires Child Performer Services permit holders to display their permit numbers on all advertising, including internet advertising. This practice will preserve the integrity of professionals that fall under the Permit’s jurisdiction and solidify the safety of children starting their entertainment careers.

AB 1707: Water quality: scientific peer review

This will require the State Water Resources Control Board to post scientific peer reviews on its website as it relates to communities having to comply with TMDL standards. Ratepayers should have the right to easily access data and this measure would ensure greater transparency.

AB 1856: Deposit in lieu of bond

This will resolve this problem by allowing litigants to use U.S. Treasury and the states bonds that are currently available for purchase as their deposit in lieu of an appeal bonds. It also sets forth the process for making a these bonds with the court. This bill also allows litigants to make a deposit in lieu of appeal bond using a cashier's check.  Cashier’s checks are the functional equivalent of cash, which is an approved security under the law, and probably the easiest form of secured payment that a litigant can obtain.

AB 1906: Community college property: direct costs for use

This will allow California Community Colleges to recoup some wear and tear costs incurred from nonprofit community groups that use their campus facilities. This also requires the Chancellor of the California Community Colleges to develop proportionate share regulations to be adopted by the Board of Governors and used by the districts

AB 2058: Open Meetings

This bill will make it definite that all standing committees are subject to the transparency of open meeting regulations, regardless of the size of its membership. This bill aligns the definitions in the Bagley-Keene Act to those in the Brown Act, making the clarifying change in the Bagley-Keene Act that the Legislature made to the Brown Act in 1993.

AB 2551: Local ballot measures: bond issues

This will establish a minimum standard of transparency for the fiscal analysis of local bond measures that is very similar to what the LAO already does for state General Obligation bond measures. This standard would be equally applied, and because we are simply educating voters as to how the tax rate estimate is achieved, there should be no struggle in complying with these provisions.

ACR 5: Ronald Reagan Day

This measure would declare February 6, 2013, as Ronald Reagan Day.

ACR 26: Colorectal Cancer Awareness Month

This measure would designate the month of March 2013 as Colorectal Cancer Awareness Month.

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