COUNTY OF SANTA CLARA 2003-2004 STATE LEGISLATIVE POSITIONS Updated June 14, 2004 Organized by Topic
SANTA CLARA COUNTY-SPONSORED LEGISLATION SB 1672 (Vasconcellos) Documentary Transfer Tax: Makes technical, nonsubstantive changes to the Documentary
SPONSOR Transfer Tax Act which authorizes the board of supervisors of a county or city and county to impose a tax upon specified instruments that transfer specified interests in real property. Status: Senate Rules AB 430 (Dutra) SPONSOR
Santa Clara Valley Water District: CUPA: Extends the date that the Water Resources
Board is authorized to enter into an agreement with the Santa Clara Valley Water District for a program of oversight of the abatement of, unauthorized releases of hazardous substances from underground storage tanks. Authorizes the board to provide funding oversight costs incurred by the district until a certain date and ratifies those actions taken by the district until a certain date or until the effective date of the agreement. Status: Senate Appropriations, +HDULQJ GDWH
AB 2086 (Lieber) SPONSOR
Regulation of Medi-Cal Pharmacy Providers: Exempts licensed pharmacies owned or
operated by a county and individual licensed health care professionals who are employed by a county and certified by the department to participate in the Medi-Cal program from requirement related to an enrollment package. Status: Senate Health and Human Services, +HDULQJ GDWH
Update June 14, 2004
LOCAL GOVERNMENT AND FINANCE SB 430 (Johnson) Three Primaries in a Presidential Year: Requires in 2004 that the statewide direct
OPPOSE (Leg. Priorities) primary election be held on the first Tuesday after the 1st Monday in September of each evennumbered year. Retains the requirement that the presidential primary election be held on the first Tuesday in March in any year evenly divisible by the number 4, but instead requires that the statewide direct primary election not be consolidated with the presidential primary election in those years. Status: Assembly Floor, ,QDFWLYH SB 1438 (Johnson) OPPOSE (Leg. Priorities)
Electronic Voting Systems: Paper Audit Trail: Provides funding for each voting
system used in an election for federal office that produces a permanent paper record with an audit capacity for that system, to allow the voter to verify his or her votes before the ballot is cast, and to be accessible for individuals with disabilities. Prohibits a city or county from purchasing a direct recording electronic voting system that does not include an accessible voter verified paper audit trail.
SB 1723 (Johnson)
Status: Assm. Elections, Reappor. and Constitutional Amendments, +HDULQJ GDWH Direct Recording Electronic Devices: Prohibits a city or county from using any form of direct recording electronic device as part of the city or county’s voting system for the OPPOSE (Leg. Priorities) November 2, 2004 general election. Status: Senate Appropriations VLF – Backfill: Appropriates moneys from the General Fund for reimbursement to local governments for revenue losses resulting from the application of the vehicle license fee (VLF) offsets. Appropriates funds from the General Fund for allocation to the Department of Motor Vehicles for the purpose of administering refunds of vehicle license fees paid on and after October 1, 2003, for which VLF offsets were not allowed. Provides for hardship advances. Status: Senate Local Government
SB 1 (5X) (Brulte) SUPPORT (Leg. Priorities)
Updated June 14, 2004
2
AB 1065 (Longville) SUPPORT (Leg. Priorities)
Local Sales and Use Taxes: County Rate: Authorizes a county to impose a sales and use
tax under the Bradley-Burns Uniform Local Sales and Use Tax Law at a rate of either 1.25% or 1.5%. Requires county ordinances that imposes taxes under the law to include a provision that requires a county to adhere to the voter-approval requirements of a specified provision of the California Constitution. Status: Senate Revenue and Taxation, +HDULQJ GDWH
AB 1362 (Kehoe) OPPOSE (Leg. Priorities)
Workers’ Compensation Disability: Leave of Absence: Provides that police officers,
sheriffs, or firefighters are entitled to a leave of absence without loss of salary while disabled by injury or illness arising out of and in the course of employment, for the period of disability, but not exceeding 2 years. Status: Held in Senate Appropriations
AB 1531 (Longville) OPPOSE (Leg. Priorities)
Three Primaries in a Presidential Year: Requires that the statewide direct primary
election be held on the first Tuesday after the first Monday in June of each even-numbered year. Retains the requirement that the presidential primary election be held on the first Tuesday in March in any year evenly divisible by the number 4, but instead requires that the statewide direct primary election not be consolidated with the presidential primary election in those years.
SUPPORT (Leg. Priorities)
Recall Election Reimbursement: Requires the State to pay expenses incurred by local
elections officials in the preparation for and conduct of the October 7, 2003, special recall election to recall Governor Gray Davis. Status: Held in Senate Appropriations
AB 1850 (Cohn) SUPPORT (Leg. Priorities)
Property Taxation: Business Records Retention: Amends the Property Tax law.
Requires any person owning, claiming, possessing, or controlling property that is used in a trade or business to maintain and preserve business records pertaining to the property for a period of not less than 7 years Status: Senate Revenue and Taxation, +HDULQJ GDWH
Updated June 14, 2004
3
AB 2474 (Wolk) SUPPORT (Leg. Priorities)
Elder Financial Abuse: Relates to the Elder Abuse and Dependent Adult Civil Protection
Act which establishes procedures for the reporting, investigation and prosecution of elder and dependent adult abuse to include with the reporting requirements mandated reporters of suspected financial abuse. Provides exceptions. Makes the related misdemeanor provisions applicable to the reporters of financial elder abuse. Status: Senate Public Safety
AB 2611 (Simitian) SUPPORT (Leg. Priorities)
Elder and Dependent Financial Abuse: Revises existing law that establishes criminal
penalties for the willful abuse of an elder or dependent adult to impose the existing penalties regardless of whether the person has knowledge the victim may be an elder or dependent adult. Revises provisions of current law to change the standard of proof for the commission of financial abuse without recklessness, oppression, fraud, or malice for financial abuse to a preponderance of the evidence. Status: Senate Public Safety
AB 2737 (Dutra) SUPPORT (Leg. Priorities)
Public Agencies: Tort Liability: Provides that neither a public entity nor a public
employee is liable for an injury caused by the location of, the condition of, existing upon, or that occurs on, a street, highway, road, sidewalk, or other access adjacent to or leading to or from public property not owned or controlled by the public entity. Status: Assembly Judiciary, )DLOHG
ACA 24 (Dutra) SUPPORT (Leg. Priorities)
Transportation Investment Fund: Proposition 42: loans: Proposes an amendment to
the Constitution to authorize the Legislature to loan funds in the Transportation Investment Fund to the General Fund or any other state fund or account or to local agencies, under conditions that are similar to conditions applicable to loans of revenue already in the Constitution. Status: Assembly Appropriations Suspense
Updated June 14, 2004
4
AB 3 (5X) (Cox) SUPPORT (Leg. Priorities)
VLF – Backfill: Appropriates $3.625 billion from the General Fund for reimbursement to
local governments for revenue losses resulting from the application of the vehicle license fee (VLF) offsets. Appropriates $10.3 million from the General Fund for allocation to the Department of Motor Vehicles for the purpose of administering refunds of vehicle license fees paid on and after 10/1/03, for which VLF offsets were not allowed. Status: Assembly Budget Committee VLF – Backfill: Appropriates $3.625 billion from the General Fund for reimbursement to local governments for revenue losses resulting from the application of the vehicle license fee (VLF) offsets. Appropriates $10.3 million from the General Fund for allocation to the Department of Motor Vehicles for the purpose of administering refunds to taxpayers that paid vehicle license fees with a final due date on and after 10/1/03, for which VLF offsets were not allowed. Status: Assembly Budget Committee
AB 7 (5X) (Lowenthal) SUPPORT (Leg. Priorities)
SOCIAL SERVICES
SB 1612 (Speier) SUPPORT (Leg. Priorities)
Foster Care: Matching Federal Funds: Requires the Department of Social Services to
amend the foster care state plan required under federal law, to authorize counties that elect to subsidize child care for foster parents to use federal care matching funds for the purpose of subsidizing that child care. Requires counties electing to administer the Foster Parent Child Care Program to follow guidelines of the department. Requires the federal funds to match only county funds. Status: Assembly Appropriations Federal Poverty Level: Memorializes the President and the Congress of the United States to ensure that the United states is working to meet the basic needs of all families, begin a process to better calculate the federal poverty level, and use existing models to calculate poverty, including geographical costs of living. Status: Signed by the Governor, Statutes of 2004, Resolution Chapter 31
SJR 15 (Alarcon) SUPPORT (Leg. Priorities)
Updated June 14, 2004
5
AB 1470 (Vargas)
In-Home Supportive Services: Wage Increase: Authorizes, in any county, the increase
of in-home supportive services wages, benefits, or both, by voter initiative to the same extent OPPOSE (Leg. Priorities) that these wages and benefits may be increased by the board of supervisors under the Inhome Supportive Services program. Requires a voter initiative to only be placed on the ballot of a previously scheduled county election and specifies the events that would have to occur in order for the voter initiative to take place. Status: Held in Senate Appropriations
HEALTH AND HOSPITAL SB 1144 (Burton) Public Contracts: Prescription Drugs: Provides that the manufacturers and suppliers of
SUPPORT (Leg. Priorities) single source or multisource drugs with whom the Department of General Services is authorized to contract shall include Canadian sources. Requires the report to include estimated costs and savings attributable to the purchase of prescription pharmaceuticals from Canadian sources. Status: Assembly Health, +HDULQJ GDWH SB 1149 (Ortiz) SUPPORT (Leg. Priorities)
Dangerous Drugs: Canadian Pharmacies: Requires the Board of Pharmacy develop and
disseminate information identifying pharmacies in Canada that meet recognized standards for safe acquisition, shipment, handling and dispensing of dangerous drugs to State residents, and to collect and post on the Internet information concerning suppliers of dangerous drugs that are located and operating outside of the United States that have violated safe shipment, handling and processing standards. Status: Assembly Health, +HDULQJ GDWH Hypodermic Needles and Syringes: Authorizes a licensed pharmacist to sell or furnish 10 or fewer hypodermic needles or syringes to a person for human use without a prescription if the pharmacy is registered with a local health department in the Disease Prevention Demonstration Project, which would be created by the bill to evaluate the desirability of allowing licensed pharmacies to sell or furnish nonprescription needles or syringes to prevent the spread of blood-borne pathogens. Status: Assembly Health, +HDULQJ GDWH
SB 1159 (Vasconcellos) SUPPORT (Leg. Priorities)
Updated June 14, 2004
6
SB 1192 (Chesbro) SUPPORT (Leg. Priorities)
Substance Abuse Treatment Benefits: Requires a health care service plan and health
insurer to provide coverage for the medically necessary treatment of substance related disorders, excluding caffeine and nicotine related disorders, on the same basis as coverage is provided for any other medical condition. Authorizes a plan and insurer to limit the care. Provides the implementation is contingent upon the Public Employees’ Retirement System finding that it would be cost neutral in regard to its abuse treatment package. Status: Assembly Health, +HDULQJ GDWH
SB 1333 (Perata) SUPPORT (Leg. Priorities)
Drug Prescription Reimbursement: Authorizes the Department of Health Services to
reimburse a pharmacy that provides to a Medi-Cal beneficiary a prescription drug that was purchased from a Canadian pharmacy. Provides the formula for determination of such reimbursement. Authorizes, a pharmacy that has provided to a person eligible for benefits under the AIDS Drug Assistance Program a prescription drug that was purchased from a Canadian pharmacy. Status: Assembly Health, +HDULQJ GDWH Food Safety: Requires a beef or poultry supplier, distributor or processor that sells those products in the State that is subject to a voluntary recall requested by the United State Department of Agriculture to immediately inform the State Department of Health Services and to provide a list of retailers who have received such products. Requires the department to notify local health officers and environmental health directors to notify the public regarding the recall Status: Assembly Health, +HDULQJ GDWH
SB 1585 (Speier) SUPPORT (Leg. Priorities)
SB 1847 (Perata) SUPPORT (Leg. Priorities)
Omnibus Tuberculosis Control and Prevention Act: Extends the repeal date of the
Omnibus Tuberculosis control and prevention Act of 2002 which permits any local health department to provide for certification, by the local health officer, of tuberculin skin test technicians. Status: Assembly Health, +HDULQJ GDWH
Updated June 14, 2004
7
AB 253 (Steinberg) OPPOSE (Leg. Priorities)
Fines for Nurse-Staffing Ratio Violations: Requires the State Department of Health
Services to ensure compliance with licensed nurse-to-patient ratios by taking specified measures when an acute care hospital is not in compliance. Provides a fine for violations ranging from $5,000 to $10,000. Status: Assembly refused to concur with Senate amendments; Held in Joint Conference Committee Prescription Drugs: Web Site Purchases: Requires the State Board of Pharmacy to establish a Web site on or before July 1, 2005, to facilitate the safe purchase by California residents of prescription drugs at reduced prices. Requires the Web site to include price comparisons of prescription drugs, including prices charged by licensed pharmacies in the state and Canadian pharmacies that provide mail order service to the United States that meet certification requirements. Status: Senate Health and Human Services, +HDULQJ GDWH Health Facilities: Staff-to-Patient Ratios: Requires hospitals to develop a staffing plan for professional, technical and support staff to determine the need for other professional, technical and support staff to ensure safe and adequate patient care. Status: Assembly Health, Reconsidered
AB 1957 (Frommer) SUPPORT (Leg. Priorities)
AB 2300 (Dymally) OPPOSE (Leg. Priorities) AB 2871 (Berg) SUPPORT (Leg. Priorities)
Clean Needle and Syringe Exchange: AIDS: Authorizes cities and counties to have a
clean needle and syringe exchange project that, in consultation with the State Department of Health Service, authorizes such exchange, as recommended by the United Sates Secretary of Health and Human Services and as part of a network of comprehensive services. Status: Senate Health and Human Services, +HDULQJ GDWH Health Facilities: Nurse-to-Patient Ratios: Requires, by January 1, 2005, the State Department of Health Services to evaluate the regulations that became effective on January 1, 2004, relating to nurse to patient ratios in the medical/surgical care unit in specified health facilities. Provides that the department may not impose the 1:5 nurse to patient ratio requirement upon the facility unless the department is able to demonstrate that certain conditions are satisfied. Status: Assembly Health, Reconsidered
AB 2963 (Pacheco) SUPPORT (Leg. Priorities)
Updated June 14, 2004
8
PUBLIC SAFETY AND JUSTICE AB 20 (Lieber) Victims of Crime: Relates to evidence of a person’s character being admissible when the
SUPPORT (4/29/03) offense involves abuse of a dependent person regardless of age. Allows for consideration in the sentencing for crimes of theft, embezzlement, extortion the fact the victim was a dependent. Allows the court to close the testimony of a dependent person who is a witness. Provides a dependent person may select a person to provide support upon testifying before the grand jury. Status: Senate Public Safety, +HDULQJ GDWH Public Safety Finance Agencies: Authorizes any city, county, or city and county to form a public safety finance agency for the purposes of supplementing fire protection or police and sheriff services and financing needed capital improvements for its fire or police or sheriff’s department or for any public agency that provides fire protection or police and sheriff services within its boundaries. Allows the levy of a local general income tax if okayed by the voters. Status: Held in Senate Appropriations AB 2058 (La Suer) SUPPORT (Leg. Priorities)
AB 1690 (Leno) SUPPORT (5/6/03)
Restores the Standards and Training for Local Protection Program (STC): Requires
local governments receiving state aid through grants for correctional training purposes to adhere to the standards established by the Board of Corrections. Authorizes expenditures from the Corrections Training Fund for administration and development of training, and grants to local governments, for correctional training purposes Status: Assembly Appropriations Suspense Law Enforcement Fees: Increases fees for keeping and caring for property under a writ of attachment, execution, possession, or sale for serving a writ of possession of real property on an occupant or for serving a copy on the judgment debtor. Requires that $10 of designated fees collected by the sheriff’s civil division or marshal shall be deposited in a special fund in the county treasury. Status: Senate Judiciary, +HDULQJ GDWH
AB 2137 (Steinberg) SUPPORT (Leg. Priorities)
Updated June 14, 2004
9
AB 2189 (Chu) SUPPORT (Leg. Priorities)
Immigration Consultants: Corporate Surety Bonds: Regulates the practice of
immigration consultants. Requires a corporate surety that executes such a bond to notify the district attorney’s office of the county in which the immigration consultant maintains his or her principal office that the bond has been cancelled or is otherwise no longer in force or the amount of the bond is reduced below the minimum required. Provides violations are subject to a civil penalty. Status: Senate Business & Profession, +HDULQJ GDWH Immigration Document Assistants: Makes it unlawful for an immigration consultant to make a statement that he or she can or will obtain special favors from, or he or she has special influence with any government agency, employee or official that may have a bearing on a client’s immigration matter. Makes it unlawful for an immigration consultant to provide any advice, explanation, opinion, or recommendation to a person about specified legal issues regarding an immigration matter. Status: Senate Business & Profession, +HDULQJ GDWH
AB 2516 (Vargas) SUPPORT (Leg. Priorities)
AB 2691 (Correa) SUPPORT (Leg. Priorities)
Immigration Consultants: Bonding Requirements: Regulates immigration consultants.
Requires a person who is required to file a bond to file a disclosure form that contains certain information with the Secretary of State. Requires a person to submit a copy of valid and current photo identification. Status: Senate Business and Profession, +HDULQJ GDWH
LAND USE AND TRANSPORTATION SB 1087 (Soto) “Safe Routes to School Act”: Extends the repeal date of projects for the improvement of
SUPPORT (Leg. Priorities) highway safety and the reduction of traffic congestion. Extends the operation of the Safe Routes to School construction program. Status: Assembly Transportation, +HDULQJ GDWH
Updated June 14, 2004
10
SB 1233 (Florez) SUPPORT (Leg. Priorities)
Omnibus Transit Bill: Expressway Signage: Relates to motor vehicle lease contract
disclosures, land use planning relating to airports, agreements with local governments regarding acquiring land by the Department of Transportation for freeways, local golf cart transportation plans, local authority to restricts the use of freeways by pedestrians and certain vehicles, removal of traffic violator schools from the authorized list, and disqualified of certain bus drivers for certain crimes. Status: Assembly Transportation, +HDULQJ GDWH High Occupancy Toll (HOT) Lanes: Authorizes the Sunol Smart Carpool Lane Joint Powers Authority and the Santa Clara Valley Transportation Authority to conduct, operate, maintain and administer value pricing programs involving various HOT lanes under the jurisdiction of these sponsoring agencies. Requires net toll revenue generated by each program after payment of direct expenses to be allocated to the construction of high occupancy vehicle facilities and transit services improvement. Status: Senate Transportation
AB 2032 (Dutra) SUPPORT (5/18/04)
SCA 20 (Torlakson) SUPPORT (Leg. Priorities)
Motor Vehicles Sales Tax Revenue: Prop.42 Monies: Proposes an amendment to the
Constitution to authorize the suspension of the transfer of motor fuel sales tax revenues from the General Fund to the Transportation Investment Fund only if the Governor issues a written proclamation that the suspension is necessary because of a disaster and is enacted by a statute passed by 4/5 vote of the membership of each house of the Legislature and if the amount of any revenues not transferred due to suspension is repaid to the fund.
Status: Senate Appropriations AB 1320 (Dutra) Transit Villages: Relates to the Transit Development Planning Act that authorizes a city or county to prepare a transit village plan for a transit village development district that includes OPPOSE (Leg. Priorities) all land within not less than 1/4 mile of the exterior boundary of the parcel where a rail transit stations is located; extends the surround area of the transit village development district to 1/2; OPPOSITION authorizes a city or county to adopt a new transit village redevelopment plan. a transit village REMOVED AS plan must include any 5 of 13 specified demonstrable public benefits. AMENDED 1/5/04 Status: Signed by the Governor, Statutes of 2004, Chapter 1320
Updated June 14, 2004
11
AB 1358 (Simitian) SUPPORT (4/8/03)
Redevelopment Housing: Authorizes a redevelopment agency to expend tax-increment
revenues for the construction of low and moderate income housing that is located within 5 miles outside of the exterior boundary of a project area. Authorizes 2 or more agencies located in adjacent cities to jointly fund the construction of housing that is located within 5 miles outside the exterior boundary of a project area established by any participating agency. Status: Senate Housing and Community Development
AB 2741 (Salinas) SUPPORT (4/6/04)
Metropolitan Transportation Commission: Membership
Increases the membership of the Metropolitan Transportation Commission to 21 by increasing the number of members from the counties of Alameda and Santa Clara from 2 to 3. Status: Assembly Local Government
AB 3011 (Laird) SUPPORT (Leg. Priorities)
Santa Clara Valley Transit Authority: Fees: Authorizes the Santa Clara Valley Transportation Authority to impose an annual fee of up to $4 on motor vehicles registered within Santa Clara County for a program for the management of traffic congestion and for street and highway purposes within that county commencing on a specified date.
Status: Held in Assembly Appropriations
ACA 24 (Dutra) SUPPORT (Leg. Priorities)
Transportation Investment Fund: Proposition 42: loans: Proposes an amendment to the Constitution to authorize the Legislature to loan funds in the Transportation Investment Fund to the General Fund or any other state fund or account or to local agencies, under conditions that are similar to conditions applicable to loans of revenue already in the Constitution.
Status: Held in Assembly Appropriations
ENVIRONMENT
Updated June 14, 2004
12
COUNTY OF SANTA CLARA 2003-2004 STATE LEGISLATIVE POSITIONS Updated June 14, 2004 Organized by Bill Number
SENATE BILLS
SB 430 (Johnson) OPPOSE (Leg. Priorities)
Three Primaries in a Presidential Year: Requires in 2004 that the statewide direct
primary election be held on the first Tuesday after the 1st Monday in September of each evennumbered year. Retains the requirement that the presidential primary election be held on the first Tuesday in March in any year evenly divisible by the number 4, but instead requires that the statewide direct primary election not be consolidated with the presidential primary election in those years. Status: Assembly Floor, ,QDFWLYH
SB 1087 (Soto) SUPPORT (Leg. Priorities) SB 1144 (Burton) SUPPORT (Leg. Priorities)
“Safe Routes to School Act”: Extends the repeal date of projects for the improvement of
highway safety and the reduction of traffic congestion. Extends the operation of the Safe Routes to School construction program. Status: Assembly Transportation, +HDULQJ GDWH Public Contracts: Prescription Drugs: Provides that the manufacturers and suppliers of single source or multisource drugs with whom the Department of General Services is authorized to contract shall include Canadian sources. Requires the report to include estimated costs and savings attributable to the purchase of prescription pharmaceuticals from Canadian sources. Status: Assembly Health, +HDULQJ GDWH
Update June 14, 2004
SB 1149 (Ortiz) SUPPORT (Leg. Priorities)
Dangerous Drugs: Canadian Pharmacies: Requires the Board of Pharmacy develop
and disseminate information identifying pharmacies in Canada that meet recognized standards for safe acquisition, shipment, handling and dispensing of dangerous drugs to State residents, and to collect and post on the Internet information concerning suppliers of dangerous drugs that are located and operating outside of the United States that have violated safe shipment, handling and processing standards. Status: Assembly Health, +HDULQJ GDWH
SB 1159 (Vasconcellos) SUPPORT (Leg. Priorities)
Hypodermic Needles and Syringes: Authorizes a licensed pharmacist to sell or furnish
10 or fewer hypodermic needles or syringes to a person for human use without a prescription if the pharmacy is registered with a local health department in the Disease Prevention Demonstration Project, which would be created by the bill to evaluate the desirability of allowing licensed pharmacies to sell or furnish nonprescription needles or syringes to prevent the spread of blood-borne pathogens. Status: Assembly Health, +HDULQJ GDWH
SB 1192 (Chesbro) SUPPORT (Leg. Priorities)
Substance Abuse Treatment Benefits: Requires a health care service plan and health
insurer to provide coverage for the medically necessary treatment of substance related disorders, excluding caffeine and nicotine related disorders, on the same basis as coverage is provided for any other medical condition. Authorizes a plan and insurer to limit the care. Provides the implementation is contingent upon the Public Employees’ Retirement System finding that it would be cost neutral in regard to its abuse treatment package. Status: Assembly Health, +HDULQJ GDWH
Updated June 14, 2004
14
SB 1233 (Florez) SUPPORT (Leg. Priorities)
Omnibus Transit Bill: Expressway Signage: Relates to motor vehicle lease contract
disclosures, land use planning relating to airports, agreements with local governments regarding acquiring land by the Department of Transportation for freeways, local golf cart transportation plans, local authority to restricts the use of freeways by pedestrians and certain vehicles, removal of traffic violator schools from the authorized list, and disqualified of certain bus drivers for certain crimes. Status: Assembly Transportation, +HDULQJ GDWH Drug Prescription Reimbursement: Authorizes the Department of Health Services to reimburse a pharmacy that provides to a Medi-Cal beneficiary a prescription drug that was purchased from a Canadian pharmacy. Provides the formula for determination of such reimbursement. Authorizes, a pharmacy that has provided to a person eligible for benefits under the AIDS Drug Assistance Program a prescription drug that was purchased from a Canadian pharmacy. Status: Assembly Health, +HDULQJ GDWH
SB 1333 (Perata) SUPPORT (Leg. Priorites)
SB 1438 (Johnson) OPPOSE (Leg. Priorities)
Electronic Voting Systems: Paper Audit Trail: Provides funding for each voting
system used in an election for federal office that produces a permanent paper record with an audit capacity for that system, to allow the voter to verify his or her votes before the ballot is cast, and to be accessible for individuals with disabilities. Prohibits a city or county from purchasing a direct recording electronic voting system that does not include an accessible voter verified paper audit trail. Status: Assm. Elections, Reappro. and Constitutional Amendments, +HDULQJ GDWH
Updated June 14, 2004
15
SB 1585 (Speier) SUPPORT (Leg. Priorities)
Food Safety: Requires a beef or poultry supplier, distributor or processor that sells those
products in the State that is subject to a voluntary recall requested by the United State Department of Agriculture to immediately inform the State Department of Health Services and to provide a list of retailers who have received such products. Requires the department to notify local health officers and environmental health directors to notify the public regarding the recall Status: Assembly Health, +HDULQJ GDWH
SB 1612 (Speier) SUPPORT (Leg. Priorities)
Foster Care: Matching Federal Funds: Requires the Department of Social Services to
amend the foster care state plan required under federal law, to authorize counties that elect to subsidize child care for foster parents to use federal care matching funds for the purpose of subsidizing that child care. Requires counties electing to administer the Foster Parent Child Care Program to follow guidelines of the department. Requires the federal funds to match only county funds. Status: Assembly Appropriations
SB 1672 (Vasconcellos) SPONSOR
Documentary Transfer Tax: Makes technical, nonsubstantive changes to the
Documentary Transfer Tax Act which authorizes the board of supervisors of a county or city and county to impose a tax upon specified instruments that transfer specified interests in real property. Status: Senate Rules
SB 1723 (Johnson) OPPOSE (Leg. Priorities)
Direct Recording Electronic Devices: Prohibits a city or county from using any form of direct recording electronic device as part of the city or county’s voting system for the November 2, 2004 general election.
Status: Held in Senate Appropriations
Updated June 14, 2004
16
SB 1847 (Perata) SUPPORT (Leg. Priorities)
Omnibus Tuberculosis Control and Prevention Act:: Extends the repeal date of the
Omnibus Tuberculosis control and prevention Act of 2002 which permits any local health department to provide for certification, by the local health officer, of tuberculin skin test technicians. Status: Assembly Health, +HDULQJ GDWH
SCA 20 (Torlakson) SUPPORT (Leg. Priorities)
Motor Vehicles Sales Tax Revenue: Prop.42 Monies: Proposes an amendment to the
Constitution to authorize the suspension of the transfer of motor fuel sales tax revenues from the General Fund to the Transportation Investment Fund only if the Governor issues a written proclamation that the suspension is necessary because of a disaster and is enacted by a statute passed by 4/5 vote of the membership of each house of the Legislature and if the amount of any revenues not transferred due to suspension is repaid to the fund. Status: Senate Appropriations Federal Poverty Level: Memorializes the President and the Congress of the United States to ensure that the United states is working to meet the basic needs of all families, begin a process to better calculate the federal poverty level, and use existing models to calculate poverty, including geographical costs of living. Status: Signed by the Governor, Statutes of 2004, Resolution Chapter 31 VLF – Backfill: Appropriates moneys from the General Fund for reimbursement to local governments for revenue losses resulting from the application of the vehicle license fee (VLF) offsets. Appropriates funds from the General Fund for allocation to the Department of Motor Vehicles for the purpose of administering refunds of vehicle license fees paid on and after October 1, 2003, for which VLF offsets were not allowed. Provides for hardship advances. Status: Senate Local Government
SJR 15 (Alarcon) SUPPORT (Leg. Priorities)
SB 1 (5X) (Brulte) SUPPORT (Leg. Priorities)
Updated June 14, 2004
17
ASSEMBLY BILLS
AB 20 (Lieber) SUPPORT (4/29/03)
Victims of Crime: Relates to evidence of a person’s character being admissible when the
offense involves abuse of a dependent person regardless of age. Allows for consideration in the sentencing for crimes of theft, embezzlement, extortion the fact the victim was a dependent. Allows the court to close the testimony of a dependent person who is a witness. Provides a dependent person may select a person to provide support upon testifying before the grand jury. Status: Senate Public Safety, +HDULQJ GDWH
AB 253 (Steinberg) OPPOSE (Leg. Priorities)
Fines for Nurse-Staffing Ratio Violations: Requires the State Department of Health
Services to ensure compliance with licensed nurse-to-patient ratios by taking specified measures when an acute care hospital is not in compliance. Provides a fine for violations ranging from $5,000 to $10,000. Status: Assembly refused to concur with Senate amendments; Held in Joint Conference Committee Santa Clara Valley Water District: CUPA: Extends the date that the Water Resources Board is authorized to enter into an agreement with the Santa Clara Valley Water District for a program of oversight of the abatement of, unauthorized releases of hazardous substances from underground storage tanks. Authorizes the board to provide funding oversight costs incurred by the district until a certain date and ratifies those actions taken by the district until a certain date or until the effective date of the agreement. Status: Senate Appropriations, +HDULQJ GDWH
AB 430 (Dutra) SPONSOR
Updated June 14, 2004
18
AB 1065 (Longville) SUPPORT (Leg. Priorities)
Local Sales and Use Taxes: County Rate: Authorizes a county to impose a sales and use
tax under the Bradley-Burns Uniform Local Sales and Use Tax Law at a rate of either 1.25% or 1.5%. Requires county ordinances that imposes taxes under the law to include a provision that requires a county to adhere to the voter-approval requirements of a specified provision of the California Constitution. Status: Senate Revenue and Taxation, +HDULQJ GDWH L Transit Villages: Relates to the Transit Development Planning Act that authorizes a city or county to prepare a transit village plan for a transit village development district that includes all land within not less than 1/4 mile of the exterior boundary of the parcel where a rail transit stations is located; extends the surround area of the transit village development district to 1/2; authorizes a city or county to adopt a new transit village redevelopment plan. a transit village plan must include any 5 of 13 specified demonstrable public benefits. Status: Signed by the Governor, Statutes of 2004, Chapter 1320 Redevelopment Housing: Authorizes a redevelopment agency to expend tax-increment revenues for the construction of low and moderate income housing that is located within 5 miles outside of the exterior boundary of a project area. Authorizes 2 or more agencies located in adjacent cities to jointly fund the construction of housing that is located within 5 miles outside the exterior boundary of a project area established by any participating agency. Status: Senate Housing and Community Development
AB 1320 (Dutra) OPPOSE (Leg. Priorities) OPPOSITION REMOVED AS AMENDED 1/5/04 AB 1358 (Simitian) SUPPORT (4/8/03)
AB 1362 (Kehoe) OPPOSE (Leg. Priorities)
Workers’ Compensation Disability: Leave of Absence: Provides that police officers,
sheriffs, or firefighters are entitled to a leave of absence without loss of salary while disabled by injury or illness arising out of and in the course of employment, for the period of disability, but not exceeding 2 years. Status: Held in Senate Appropriations
Updated June 14, 2004
19
AB 1470 (Vargas) OPPOSE (Leg. Priorities)
In-Home Supportive Services: Wage Increase: Authorizes, in any county, the increase
of in-home supportive services wages, benefits, or both, by voter initiative to the same extent that these wages and benefits may be increased by the board of supervisors under the Inhome Supportive Services program. Requires a voter initiative to only be placed on the ballot of a previously scheduled county election and specifies the events that would have to occur in order for the voter initiative to take place. Status: Held in Senate Appropriations Suspense
AB 1531 (Longville) OPPOSE (Leg. Priorities)
Three Primaries in a Presidential Year: Requires that the statewide direct primary
election be held on the first Tuesday after the first Monday in June of each even-numbered year. Retains the requirement that the presidential primary election be held on the first Tuesday in March in any year evenly divisible by the number 4, but instead requires that the statewide direct primary election not be consolidated with the presidential primary election in those years. Requires the State to pay expenses incurred by local elections officials in the preparation for and conduct of the October 7, 2003, special recall election to recall Governor Gray Davis. Status: Held in Senate Appropriations
SUPPORT (Leg. Priorities)
AB 1690 (Leno) SUPPORT (5/6/03)
Public Safety Finance Agencies: Authorizes any city, county, or city and county to form
a public safety finance agency for the purposes of supplementing fire protection or police and sheriff services and financing needed capital improvements for its fire or police or sheriff’s department or for any public agency that provides fire protection or police and sheriff services within its boundaries. Allows the levy of a local general income tax if okayed by the voters. Status: Held in Senate Appropriations
Updated June 14, 2004
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AB 1850 (Cohn) SUPPORT (Leg. Priorities)
Property Taxation: Business Records Retention: Amends the Property Tax law.
Requires any person owning, claiming, possessing, or controlling property that is used in a trade or business to maintain and preserve business records pertaining to the property for a period of not less than 7 years Status: Senate Revenue and Taxation, +HDULQJ GDWH Prescription Drugs: Web Site Purchases: Requires the State Board of Pharmacy to establish a Web site on or before July 1, 2005, to facilitate the safe purchase by California residents of prescription drugs at reduced prices. Requires the Web site to include price comparisons of prescription drugs, including prices charged by licensed pharmacies in the state and Canadian pharmacies that provide mail order service to the United States that meet certification requirements. Status: Senate Health and Human Services, +HDULQJ GDWH High Occupancy Toll (HOT) Lanes: Authorizes the Sunol Smart Carpool Lane Joint Powers Authority and the Santa Clara Valley Transportation Authority to conduct, operate, maintain and administer value pricing programs involving various HOT lanes under the jurisdiction of these sponsoring agencies. Requires net toll revenue generated by each program after payment of direct expenses to be allocated to the construction of high occupancy vehicle facilities and transit services improvement. Status: Senate Transportation
AB 1957 (Frommer) SUPPORT (Leg. Priorities)
AB 2032 (Dutra) SUPPORT (5/18/04)
Updated June 14, 2004
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AB 2058 (La Suer) SUPPORT (Leg. Priorities)
Restores the Standards and Training for Local Protection Program (STC):
Requires local governments receiving state aid through grants for correctional training purposes to adhere to the standards established by the Board of Corrections. Authorizes expenditures from the Corrections Training Fund for administration and development of training, and grants to local governments, for correctional training purposes Status: Held in Assembly Appropriations Suspense
AB 2086 (Lieber) SPONSOR
Regulation of Medi-Cal Pharmacy providers: Exempts licensed pharmacies owned or
operated by a county and individual licensed health care professionals who are employed by a county and certified by the department to participate in the Medi-Cal program from requirement related to an enrollment package. Status: Senate Health and Human Services, +HDULQJ GDWH Law Enforcement Fees: Increases fees for keeping and caring for property under a writ of attachment, execution, possession, or sale for serving a writ of possession of real property on an occupant or for serving a copy on the judgment debtor. Requires that $10 of designated fees collected by the sheriff’s civil division or marshal shall be deposited in a special fund in the county treasury. Status: Senate Judiciary, +HDULQJ GDWH
AB 2137 (Steinberg) SUPPORT (Leg. Priorities)
AB 2189 (Chu) SUPPORT (Leg. Priorities)
Immigration Consultants: Corporate Surety Bonds: Regulates the practice of
immigration consultants. Requires a corporate surety that executes such a bond to notify the district attorney’s office of the county in which the immigration consultant maintains his or her principal office that the bond has been cancelled or is otherwise no longer in force or the amount of the bond is reduced below the minimum required. Provides violations are subject to a civil penalty. Status: Senate Business & Profession, +HDULQJ GDWH
Updated June 14, 2004
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AB 2300 (Dymally) OPPOSE (Leg. Priorities)
Health Facilities: Staff-to-Patient Ratios: Requires hospitals to develop a staffing plan
for professional, technical and support staff to determine the need for other professional, technical and support staff to ensure safe and adequate patient care. Status: Assembly Health, Reconsidered Elder Financial Abuse: Relates to the Elder Abuse and Dependent Adult Civil Protection Act which establishes procedures for the reporting, investigation and prosecution of elder and dependent adult abuse to include with the reporting requirements mandated reporters of suspected financial abuse. Provides exceptions. Makes the related misdemeanor provisions applicable to the reporters of financial elder abuse. Status: Senate Public Safety
AB 2474 (Wolk) SUPPORT (Leg. Priorities)
AB 2516 (Vargas) SUPPORT (Leg. Priorities)
Immigration Document Assistants: Makes it unlawful for an immigration consultant to
make a statement that he or she can or will obtain special favors from, or he or she has special influence with any government agency, employee or official that may have a bearing on a client’s immigration matter. Makes it unlawful for an immigration consultant to provide any advice, explanation, opinion, or recommendation to a person about specified legal issues regarding an immigration matter. Status: Senate Business & Profession, +HDULQJ GDWH Elder and Dependent Financial Abuse: Revises existing law that establishes criminal penalties for the willful abuse of an elder or dependent adult to impose the existing penalties regardless of whether the person has knowledge the victim may be an elder or dependent adult. Revises provisions of current law to change the standard of proof for the commission of financial abuse without recklessness, oppression, fraud, or malice for financial abuse to a preponderance of the evidence. Status: Senate Public Safety
AB 2611 (Simitian) SUPPORT (Leg. Priorities)
Updated June 14, 2004
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AB 2691 (Correa) SUPPORT (Leg. Priorities)
Immigration Consultants: Bonding Requirements: Regulates immigration
consultants. Requires a person who is required to file a bond to file a disclosure form that contains certain information with the Secretary of State. Requires a person to submit a copy of valid and current photo identification. Status: Senate Business and Profession, +HDULQJ GDWH Public Agencies: Tort Liability: Provides that neither a public entity nor a public employee is liable for an injury caused by the location of, the condition of, existing upon, or that occurs on, a street, highway, road, sidewalk, or other access adjacent to or leading to or from public property not owned or controlled by the public entity. Status: Assembly Judiciary, )DLOHG
AB 2737 (Dutra) SUPPORT (Leg. Priorities)
AB 2741 (Salinas) SUPPORT (4/6/04)
Metropolitan Transportation Commission: Membership
Increases the membership of the Metropolitan Transportation Commission to 21 by increasing the number of members from the counties of Alameda and Santa Clara from 2 to 3. Status: Held in Assembly Local Government
AB 2871 (Berg) SUPPORT (Leg. Priorities)
Clean Needle and Syringe Exchange: AIDS: Authorizes cities and counties to have a
clean needle and syringe exchange project that, in consultation with the State Department of Health Service, authorizes such exchange, as recommended by the United Sates Secretary of Health and Human Services and as part of a network of comprehensive services. Status: Senate Health and Human Services, +HDULQJ GDWH
Updated June 14, 2004
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AB 2963 (Pacheco) SUPPORT (Leg. Priorities)
Health Facilities: Nurse-to-Patient Ratios: Requires, by January 1, 2005, the State
Department of Health Services to evaluate the regulations that became effective on January 1, 2004, relating to nurse to patient ratios in the medical/surgical care unit in specified health facilities. Provides that the department may not impose the 1:5 nurse to patient ratio requirement upon the facility unless the department is able to demonstrate that certain conditions are satisfied. Status: Assembly Health, Reconsidered
AB 3011 (Laird) SUPPORT
Santa Clara Valley Transit Authority: Fees: Authorizes the Santa Clara Valley Transportation Authority to impose an annual fee of up to $4 on motor vehicles registered within Santa Clara County for a program for the management of traffic congestion and for street and highway purposes within that county commencing on a specified date.
Status: Held in Assembly Appropriations
ACA 24 (Dutra) SUPPORT (Leg. Priorities)
Transportation Investment Fund: Proposition 42: loans: Proposes an amendment to
the Constitution to authorize the Legislature to loan funds in the Transportation Investment Fund to the General Fund or any other state fund or account or to local agencies, under conditions that are similar to conditions applicable to loans of revenue already in the Constitution. Status: Assembly Appropriations Suspense VLF – Backfill: Appropriates $3.625 billion from the General Fund for reimbursement to local governments for revenue losses resulting from the application of the vehicle license fee (VLF) offsets. Appropriates $10.3 million from the General Fund for allocation to the Department of Motor Vehicles for the purpose of administering refunds of vehicle license fees paid on and after 10/1/03, for which VLF offsets were not allowed. Status: Assembly Budget Committee
AB 3 (5X) (Cox) SUPPORT (Leg. Priorities)
Updated June 14, 2004
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AB 7 (5X) (Lowenthal) SUPPORT (Leg. Priorities)
VLF – Backfill: Appropriates $3.625 billion from the General Fund for reimbursement to
local governments for revenue losses resulting from the application of the vehicle license fee (VLF) offsets. Appropriates $10.3 million from the General Fund for allocation to the Department of Motor Vehicles for the purpose of administering refunds to taxpayers that paid vehicle license fees with a final due date on and after 10/1/03, for which VLF offsets were not allowed. Status: Assembly Budget Committee
Updated June 14, 2004
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