Supervisor Mark Ridley-Thomas, Chairman. This memorandum contains a report on actions taken by the Legislature regarding the following:

Transcription

1 County of Los Angeles CHIEF EXECUTIVE OFFICE Kenneth Hahn Hall of Administration 500 West Temple Street, Room 713, Los Angeles, California (213) WILLIAM T FUJIOKA Chief Executive Offcer Board of Supervisors GLORIA MOLINA First District MARK RIDLEY-THOMAS Second Distnct lev YAROSLA VSKY Third District DON KNABE Fourth District MICHAEL D. ANTONOVICH Fifth District To: From: Supervisor Mark Ridley-Thomas, Chairman Supervisor Gloria Molina Supervisor Zev Yaroslavsky Supervisor Don Knabe Supervisor Michael D. Antonovich William T Fujioka Chief Executive Officer SACRAMENTO UPDATE Executive Summary This memorandum contains a report on actions taken by the Legislature regarding the following:. Status of County-Sponsored Legislation. Updates on two County-sponsored measures related to human and sex trafficking, and the definition of conversion technology.. Status of County-Advocacy Legislation. Updates on 15 County-advocacy measures related to: disclosure of criminal history on employment applications; child abuse reporting teams; inverse condemnation actions; changes to labor negotiation statutes; veterans' housing; regulation of superstore retailers; evidentiary privileges to union agents; interest rate on judgments; evergreen contracts; hydraulic fracturing; student loan repayment assistance; funding for energy efficiency projects in schools; breastfeeding assistance; single-use plastic bags; and cost benefit analyses for retail and commercial facility projects. "To Enrich Lives Through Effective And Caring Service" Please Conserve Paper- This Document and Copies are Two-Sided Intra-County Correspondence Sent Electronically Only

2 Page 2. Legislation of County Interest. Updates on 10 measures of County interest related to: HIV testing in primary care clinics; collective bargaining for child care providers; Quimby Act funds; the use of tax increment for sustainable development; involuntary treatment for mental illness; recording real estate transaction fees; minor and non-minor dependent parents; funding for implementation of Laura's Law; environmental quality law; and sexually exploited and trafficked minors. Legislative Deadlines Today is the last day for the Legislature to pass bills out of the house of origin. Over the past few days, both houses have considered numerous measures including various County-advocacy bills and legislation of County interest as outlined below. Status of County-Sponsored Legislation County-sponsored SB 473 (Block), which as amended on May 8, 2013, would add pimping, pandering and human trafficking to the list of felony offenses that may be used to establish a pattern of criminal gang activity pursuant to Proposition 21 of 2000 and make an individual eligible for enhanced criminal sentences and penalties, and require that anyone convicted of human trafficking or sex trafficking offenses committed within 1,000 feet of a school would receive an additional three-year State prison sentence, passed the Senate Floor by a vote of 39 to 0 on May 29, This measure now proceeds to the Assembly. County-sponsored SB 804 (Lara), which as amended on May 8, 2013, would revise the definition of the term biomass conversion to include conversion technology, passed the Senate Floor by a vote of 32 to 7 on May 29, This measure now proceeds to the Assembly. Status of County-Advocacy Legislation County-opposed AB 218 (Dickinson), which as amended April 10, 2013, would prohibit a State or local agency from inquiring about criminal history on any initial employment application, except where otherwise required by law, passed the Assembly Floor on a 48 to 29 vote on May 30, This measure now proceeds to the Senate. N/Sacramento Updates 20 13/sacto

3 Page 3 County-supported AB 406 (Torres and Bloom), which as introduced on February 15, 2013, would repeal the January 1, 2014 sunset clause to allow county child abuse Multi-Disciplinary Teams (MDTs) engaged in the investigation of suspected child abuse and neglect to utilize two-person MDTs when disclosing or exchanging information, passed the Senate Floor by a vote of 35 to 0 on May 20, This measure now proceeds to the Governor. County-supported AB 436 (Jones-Sawyer), which as amended on May 13, 2013, would: 1) apply the doctrine of comparative fault to litigation between a plaintiff property owner and a defendant governmental agency in inverse condemnation actions; and 2) require that if the plaintiff fails to meet the normal tort standard in the Code of Civil Procedure, they will not be able to receive their own costs as currently allowed for inverse condemnation cases, passed the Assembly Floor by a vote of 51 to 26 on May 28, This measure now proceeds to the Senate. County-opposed AB 537 (Bonta), which as amended on April 17,2013, would make various changes to labor negotiation statutes (Meyers-Milias-Brown Act) including: 1) authorizing either party to request mediation if they fail to reach agreement; 2) prohibiting employers from restricting communication between local agency representatives and employee representatives as part of labor negotiation rules; 3) binding a governing body to any tentative agreement reached by the bargaining representatives; and 4) making specified changes related to arbitration, passed the Assembly Floor by a vote of 54 to 24 on May 30, This measure now proceeds to the Senate. County-supported AB 639 (Pérez), which as introduced on February 20, 2013, would enact the Veterans Housing and Homeless Prevention Act to repurpose the Veterans' Bond Act of 2008 for the construction, rehabilitation, and preservation of multi-family and supportive housing for veterans. The measure, which would be submitted for the November 4,2014 General Election for voter approval, passed the Assembly Floor by a vote of 77 to 0 on May 29, This measure now proceeds to the Senate. County-opposed AB 667 (Hernández), which as amended on May 20, 2013, would require a city, county, or city and county, prior to approving or disapproving a proposed development project that would permit the construction of a superstore retailer to cause an economic impact report to be prepared, to be paid for by the project applicant, and that includes specified assessments and projections, passed the Assembly Floor by a vote of 41 to 31 on May 28, This measure now proceeds to the Senate. N/Sacramento Updates 2013/sacto

4 Page 4 County-opposed AB 729 (Hernández), which as amended May 23, 2013, would provide new evidentiary privileges to union agents and represented employees, reducing the County's authority to effectively investigate matters that impact services and other local matters for which the agency has a duty to safeguard, passed the Assembly Floor on a 48 to 27 vote on May 30, This measure now proceeds to the Senate. County-supported AB 748 (Egg man), which, as amended on May 6,2013, would set the interest rate on judgments against state and local governments to the previous year's Pooled Money Investment Account rate, and set an upper limit of 7 percent, passed the Assembly Floor by a vote of 64 to 14 on May 30,2013. This measure now proceeds to the Senate. County-oppose-unless-amended AB 1333 (Hernández), which as amended May 20, 2013, would: 1) require the legislative body of a local agency to review any contract or Memorandum of Understanding (MOU) with a private party, totaling $250,000 or more a year and containing an automatic renewal clause, at least once every three years; 2) require that prior to the renewal of a contract or MOU, the legislative body make specific findings on the record; and 3) provide that the provisions of the bill shall not apply to a contract or MOU between a public agency and an employee organization that establishes terms and conditions of employment for the agency's employees, passed the Assembly Floor by a vote of 43 to 29 on May 29, This measure now proceeds to the Senate. County-supported SB 4 (Pavley), which as amended on May 24, 2013, would require an independent scientific study on hydraulic fracturing to be conducted by January 1, 2015 and would provide a comprehensive regulatory framework for the regulation of hydraulic fracturing in California, passed the Senate Floor by a vote of 28 to 11 on May 29, This measure now proceeds to the Assembly. County-supported SB 20 (Hernandez), which as amended on February 14, 2013, would direct funds to the Steven M. Thompson Physicians Corp Loan Repayment Program to provide student loan repayment assistance for recently licensed physicians who practice in health professional shortage areas in California, passed the Senate Floor by a vote of 38 to 0 on May 28, This measure now proceeds to the Assembly. N/Sacramento Updates 20 13/sacto

5 Page 5 County-support-if-amended SB 39 (De León), which as amended on May 28, 2013, would: 1) require the State to develop the Clean Energy Employment and Student Advancement Program to award grants from funds generated by the California Clean Energy Jobs Act (Proposition 39), based on the average daily attendance, to a school district, weighted as specified, for energy efficiency upgrade projects and develop criteria for project development, approval and energy savings reporting; and 2) for FY , provide Proposition 39 monies to fund energy efficiency projects that are on the Emergency Repair Program unfunded approval list, passed the Senate Floor by a vote of 38 to 0 on May 30, This measure now proceeds to the Assembly. County-supported SB 402 (De León), which as introduced on February 20, 2013, would require general acute and special hospitals that have a perinatal unit to adopt the Ten Steps to Successful Breastfeeding, passed the Senate Floor by a vote of 38 to 0 on May 29, The measure now proceeds to the Assembly. County-supported SB 405 (Padila), which as amended on May , would: 1) allow a city, county or other local public agency that has adopted an ordinance, resolution, regulation, or rule relating to reusable grocery bags, single-use carryout bags, or recycled paper bags before September 1, 2013 to continue to enforce and implement that ordinance; and 2) prohibit on and after January 1, 2014, a city, county, or other local public agency to enforce or otherwise implement an ordinance enacted after September 1, 2013 relating to reusable grocery bags, single-use carryout bags, or recycled paper bags, failed passage on the Senate Floor by a vote of 18 to 17 on May 30, This measure was granted reconsideration. County-opposed SB 673 (DeSaulnier), which as amended on May 21, 2013, would require a city, county, or city and county, prior to approving or disapproving a proposed development project that would permit the construction of retail or other commercial facility project estimated to receive over $1.0 million in subsides, to cause a cost benefit analysis to be prepared, paid for by the project applicant, failed passage on the Senate Floor by a vote of 18 to 18 on May 29, This measure was moved to the Senate Inactive File. Legislation of County Interest AB 446 (Mitchell), which as amended on May 24, 2013, would: 1) require every patient between 18 and 65 years of age who has blood drawn at a primary care clinic and who has consented, to be offered an HIV test; 2) require the medical care provider or person administering the HIV test to provide information about risk reduction strategies; 3) require the person administering the HIV test to record the informed consent in the patient's medical record; and 4) authorize the disclosure of the HIV test results by N/Sacramento Updates 2013/sacto

6 Page 6 Internet posting or other electronic means if the result is posted on a secure Internet Web site and can only be viewed with the use of a secure personal identification number provided to the patient at the time of testing, passed the Assembly Floor by a vote of 72 to 1 on May 28, This measure now proceeds to the Senate. AB 641 (Rendon), which as amended on March 19, 2013, would authorize family child care providers and license-exempt child care providers the right to choose a representative to collectively negotiate the terms and conditions of employment with the State over the operation of the child care system, passed the Assembly Floor by a vote of 51 to 25 on May 30,2013. This measure now proceeds to the Senate. AB 1359 (Hernandez), which as amended on April 29, 2013, would allow local governments to reallocate Quimby fees to develop parks and recreational facilities for areas of greatest need within a city or county, passed the Assembly Floor by a vote of 47 to 26 on May 30, This measure now proceeds to the Senate. SB 1 (Steinberg), which as amended on May 2, 2013 would allow a local government to establish a Sustainable Communities Investment Authority and direct tax increment revenues to that authority in order to address blight by supporting development in transit priority project areas, small walkable communities, and clean energy manufacturing sites, passed the Senate Floor by a vote of 27 to 11 on May 28, This measure now proceeds to the Assembly. SB 364 (Steinberg), which as amended on May 7,2013, would make various revisions to the Lanterman-Petris-Short Act regarding the involuntary commitment and treatment of individuals with specified mental health disorders, passed the Senate Floor by a vote of 39 to 0 on May 28, This measure now proceeds to the Assembly. SB 391 (DeSaulnier), which as amended May 20, 2013, would establish a $75 fee on the recording of real estate transactions, excluding the sale of real property, in order to help fund affordable housing programs, passed the Senate Floor by a vote of 27 to 12 on May 29, This measure now proceeds to the Assembly. The May 20, 2013 amendments added an additional provision that would require the Department of Industrial Relations to monitor and enforce prevailing wage requirements for construction contracts for certain public works projects over $1.0 million that are funded by the bill. In their initial analysis of the amendment, the Community Development Commission expressed no concern regarding this additional provision. N/Sacramento Updates 20 13/sacto

7 May 31,2013 Page 7 SB 528 (Vee), which as amended on May 28, 2013, would, among other provisions, make the previously mandated provisions under the bill permissive, including: 1) authorize a social worker to provide a dependent child age 12 years or older with age-appropriate, medically accurate information about sexual development, reproductive health, and prevention of unplanned pregnancies and sexually transmitted infections on an ongoing basis; 2) add parenting minor and non-minor dependents to the list of families who are eligible for subsidized State and Federal child care and development services, and that dependent parents are given priority for subsidized child care when slots become available, but not displace children currently receiving care; 3) authorize child welfare agencies, school districts, county offices of education, and child care resources and referral agencies to make coordinated efforts to ensure that minor and non-minor dependent parents who have not completed high school have access to school programs that provide onsite or coordinated child care; 4) encourage child welfare agencies to update case plans for pregnant and parenting dependents within 60 calendar days of the date the agency is informed of a pregnancy; and 5) specifies that child welfare agencies may hold a specialized conference to assist pregnant or parenting foster youth and non-minor dependents with planning for healthy parenting, among other factors. SB 528 passed the Senate Floor by a vote of 34 to 2 on May 29, 2013, and now proceeds to the Assembly. According to County Counsel and the Department of Children and Family Services (DCFS), the May 28, 2013 amendments are an improvement in that there is no longer a State mandate imposed on the social worker; however, in Los Angeles County, the juvenile court will require the social worker to provide the medical information to the youth. Therefore, DCFS will need to implement a means for social workers who serve children and youth to obtain age-appropriate, medically accurate information from a County-provided source, which the Department indicates it is already in the process of developing. County Counsel further indicates that this procedure is needed to ensure that a social worker does not obtain information from an inappropriate source and that consistent information is provided to all youth. SB 585 (Steinberg), which as amended on May 13, 2013, would clarify that counties that elect to implement the involuntary Assisted Outpatient Treatment Demonstration Project, provided under Laura's Law, may use Mental Health Services Act of 2004 (Proposition 63) funds and 2011 Public Safety Realignment mental health funds, passed the Senate Floor on May 20, 2013 by a vote of 36 to O. This measure now proceeds to the Assembly. N/Sacramento Updates 2013/sacto

8 May 31,2013 Page 8 SB 731 (Steinberg), which as amended on May 24, 2013, would: 1) establish Statewide standardized thresholds for the environmental impacts of traffic and noise for infill projects; 2) expedite disposition of legal challenges under CEQA by requiring concurrent preparation of the record of proceedings and allowing courts to issue writs of mandates limited to only the portion of environmental documents found to be in violation of CEQA; 3) revise CEQA notice and document posting requirements; and 4) clarify types of information that would require a supplemental environmental review for previously exempt projects, among other provisions, passed the Senate Floor by a vote of 39 to 0 on May 29, This measure now proceeds to the Assembly. SB 738 (Vee), which as amended on May 7, 2013, would, among other provisions: 1) provide, until January 1, 2017, that a minor may become a dependent child of the court if the minor is a victim of human trafficking, sexual exploitation, received food or shelter in exchange for sexual acts, and the parent or guardian failed or was unable to protect the child; 2) establish a State Plan to Serve and Protect Sexually Exploited and Trafficked Minors, and require, no later than January 30, 2014, for an interagency workgroup to be convened to develop the plan that would be submitted to the Legislature, Judicial Council, and the Governor no later than January 30, 2015; and 3) require training for administrators, such as group home facilities, to include instruction on cultural competency and sensitivity to provide adequate care to a sexually exploited and trafficked minor in out-of-home care, passed the Senate Floor by a vote of 39 to 0 on May 28, This measure now proceeds to the Assembly. We will continue to keep you advised. WTF:RA MR:KA:IGEAma c: All Department Heads Legislative Strategist Local 721 Coalition of County Unions California Contract Cities Association Independent Cities Association League of California Cities City Managers Associations Buddy Program Participants N/Sacramento Updates 2013/sacto