2014 Priority Legislation
CITY OF LOS ANGELES
Minimum Wage Proposal
Proposal to increase the minimum wage in the City of Los Angeles to $10.25 in 2015, $11.75 in 2016, and $13.25 in 2017.
LACDP further supports proposals to study the feasibility of a further increase to $15.25 by 2019.
Hotel Workers Living Wage Resolution (Council Members Bonin / Martinez / Price)
Instructs the City of Los Angeles to secure a study and provide for public input of the Citywide economic impacts of imposing a living wage of $15.37 for hotel employees at hotels with more than 100 rooms. If supported by the study, the City Council request the City Attorney to work with the City of Los Angeles and City Attorney’s Office in preparing and presenting an ordinance that requires a living wage for hotel workers at hotels with more than 100 rooms.
HR 4858 (Rep. Chu): San Gabriel National Recreation Area Act
This resolution would establish the San Gabriel National Recreation Area (NRA) as a unit of the National Park System in the State of California. The San Gabriel Mountains are visited by over 3 million people each year. However, persistent trash, graffiti, and safety issues increase fire dangers, decrease water quality, and threaten the ecology and unique habitats of the mountains. Resources are needed to make sure people can still enjoy this open space while also maintaining it better.
The San Gabriel Watershed and Mountains Special Resource Study (SRS) recommended establishing an NRA that includes the San Gabriel Watershed and Puente Hills, but NOT the Angeles National Forest. It proposes making this unit a satellite of the Santa Monica Mountains NRA. It recommends a separate management partnership to make decisions for the San Gabriel/Puente Hills unit. It protects existing land use, water rights and activities, sanitation activities, private property, and all related facilities.
The study began by seeking local input and reviewing existing local plans for the area. An initial series of suggestions, called alternatives, were presented to the public and comments were taken over a period of several months. Over 5,000 people commented at that time. Based on those comments, the National Park Service (NPS) developed a revised set of alternatives and again submitted them for public review. Public town halls were held throughout the study area, and over the course of several months, NPS received an additional 12,000 comments. Ninety-five percent of the responses supported Alternative D, which recommended creating an NRA that includes the San Gabriel Mountains, river corridor, and Puente Hills.
AB 736 (Asm. Fox): California State University: Antelope Valley Campus
This bill would require the Chancellor of the California State University (CSU) to complete and submit to the trustees a study about the feasibility of a CSU satellite program, and ultimately, an independent CSU campus, in the Antelope Valley, as defined, within 18 months after the date that the trustees certify that sufficient funds are available to conduct the study. The bill would require funding for the study to be derived solely from nonstate sources. If the trustees decide that a new campus or off-campus center is needed in the Antelope Valley, the trustees would be required to conduct a formal study of the proposal, as provided.
AB 1628 (Asm. Fox): Visitation Rights: Grandparent Rights
Current law provides that a grandparent may petition the court for visitation rights. The court may grant visitation if the court finds that the grandparent and grandchild have a preexisting relationship that has engendered a bond such that granting the grandparent visitation is in the best interest of the child and the court balances the interest of the child in having visitation with the grandparent against the parents’ right to exercise their parental authority, subject to specified exceptions. Current law prohibits a grandparent from filing a petition for visitation while the natural or adoptive parents are married, unless one or more of several circumstances are present, including that the child is not residing with either parent. This bill would additionally permit a grandparent to file a petition for visitation while the natural or adoptive parents are married if one of the parents is incarcerated or involuntarily institutionalized.
AB 1699 (Asm. Bloom): Waste Management: Plastic Microbeads
This bill would provide that, on or after January 1, 2019, a person shall not sell or offer for promotional purposes in this state any personal care products containing plastic microbeads. This bill would provide a content exception to the ban and would authorize specified public prosecutors to levy civil penalties of $2,500 per day against persons who fail to adhere to the ban.
AB 1825 (Asm. Nazarian): School Districts: L.A. Unified School District: Inspector General
This bill extends the sunset date of the Los Angeles Unified School District’s (LAUSD’s) Office of the Inspector General by 10 years, from January 1, 2015, to January 1, 2025.
AB 1839 (Asm. Gatto / Asm. Bocanegra): Film Tax Credits
This bill would establish credits similar to those that were introduced in the 2009 state incentive program. It expands California’s film and TV tax credit program in response to rising competition from other US states for Hollywood’s business. It would extend the program for five years and increase funding. Under the current program, California allocates $100 million annually to film and TV productions, which are eligible for a 20% to 25% tax credit toward qualified production expenses. Although the current incentive has slowed the outflow of production and boosted local activity, most of it has been used on smaller, lower-budget projects. Consequently, officials are pressing to substantially increase annual funding, closer to the $420 million a year that rival state New York provides. Other revisions include allowing large-budget films, films with budgets of up to $100 million, to also qualify; as well as TV pilots and new one-hour television series. Currently, only movies with budgets less than $75 million are eligible, as are basic cable programs and network shows returning from out of state. These exclusions have contributed to the historic falloff in the production of one-hour dramas and big-budget studio movies in CA. The bill would also provide an additional 5% credit for productions filmed in CA, but outside of Los Angeles.
AB 1993 (Asm. Fox): Pupils: Bullying: Counseling Services
This bill, the Nigel Hardy Act, would require a school to offer counseling services to every pupil who attends the school who has been the victim of an act of bullying or who has been found to have engaged in an act of bullying. The bill would also require a school district to provide training on the topic of bullying to every teacher employed by the school district and would require every teacher employed by the school district on or after July 1, 2015, to complete the training. By imposing additional requirements on schools and school districts, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
AB 2214 (Asm. Fox): Emergency Room Physicians: Continuing Education: Geriatric Care
Existing law requires the Division of Licensing of the Medical Board of California to establish continuing education requirements for physicians and surgeons. This bill, the Dolores H. Fox Act, would require the division, in determining continuing education requirements, to include a course in geriatric care for emergency room physicians.
SB 899 (Sen. Mitchell): CalWORKs Eligibility
Under existing law, for purposes of determining a family’s maximum aid payment under the CalWORKs program, the number of needy persons in the same family is not increased for any child born into a family that has received aid under the CalWORKs program continuously for the 10 months prior to the birth of the child, with specified exceptions. This bill would repeal that exclusion for purposes of determining the family’s maximum aid payment and would expressly prohibit the denial of aid or denial of an increase in the maximum aid payment if a child, on whose behalf aid or an increase in aid is being requested, was born into an applicant’s or recipient’s family while the applicant’s or recipient’s family was receiving aid under the CalWORKs program. The bill would specify that an applicant or recipient is not entitled to an increased benefit payment for any month prior to January 1, 2015, as a result of the repeal of that exclusion or the enactment of that express prohibition. The bill would also prohibit the department from conditioning an applicant’s or recipient’s eligibility for aid on the applicant’s or recipient’s disclosure of information regarding rape, incest, or contraception, as specified, or the applicant’s or recipient’s use of contraception.
SB 955 (Sen. Lieu / Sen. Mitchell): Interception Of Electronic Communications
This bill would add human trafficking to the list of offenses for which interception of electronic communications may be ordered pursuant to existing law, and would extend the operation of the provisions described until January 1, 2020.
SB 1010 (Sen. Mitchell): Cocaine Base: Penalties
Parity in sentencing for powder and crack cocaine. This bill equalizes penalties for possession for sale of cocaine base and possession for sale of powder cocaine. Specifically, this bill:
1) Changes the penalty for possession for sale of cocaine base from three, four, or five years, to two, three, or four years of incarceration. (The penalties for simple possession or straight sales are currently the same: two, three or four years, and three, four or five years.)
2) Prohibits granting probation to a person convicted of possession for sale of 28.5 grams or more of cocaine base, or 57 grams or more of a substance containing at least 5 grams of cocaine base, rather than 14.25 grams, unless the court finds unusual circumstances demonstrating that probation promotes justice.
3) Authorizes seizure and forfeiture of a vehicle, boat or airplane used as an instrumentality of drug commerce involving cocaine base weighing 28.5 grams or more, or 57 grams or more of a substance containing at least 5 grams of cocaine base, rather than 14.25 grams.
4) States legislative findings and declarations that powder cocaine and cocaine base are “two forms of the same drug, the effects of which on the human body are so similar that to mete out unequal punishment for the same crime? is wholly and cruelly unjust.”
SB 1132 (Sen. Leno / Sen. Mitchell): Moratorium On Hydraulic Fracturing
This bill would require the scientific study to consider additional elements, incl., among other things, evaluating various potential direct, indirect, and cumulative health and environmental effects of onshore and offshore well stimulation and well stimulation treatment-related activities, as specified. The bill would also prohibit all well stimulation treatments until the Secretary of the Natural Resources Agency convenes a committee to review the scientific study, as specified, the Governor issues findings that specific measures are in place to ensure that well stimulation treatments do not pose a risk to, or impairment of, the public health and welfare or to the environmental and economic sustainability of the state, and, if applicable, those findings are affirmed by judicial review, as specified. The bill would also require the division to adopt a formal process to resolve any claims with respect to vested rights, as specified. Because a violation of the bill’s requirements would be a crime, the bill would impose a state-mandated local program.
SB 1388 (Sen. Lieu / Hill / Mitchell): Human Trafficking
An act to amend Sections 266k and 647 of the Penal Code (the part of the Penal Code related specifically to pimping and pandering) increasing penalties for sex traffickers and those who solicit minors for commercial sex acts. Redefining the crime of prostitution, imposing a mandatory minimum jail sentence for a first-offense, and imposing mandatory minimum fines as specified. Specifically, this bill:
1) Redefines prostitution crimes by replacing the term “prostitution” with the term “commercial sex” and separates as crimes the following: a) The purchase or agreeing to purchase sex; and, b) Agreeing to provide or providing sex.
2) Requires that all persons who are granted probation for purchasing or agreeing to purchase a commercial sexual act must serve a continuous jail term of at least 48 hours and pay a minimum mandatory fine of not less than $1,000 ($4,170 with penalties and assessments), and up to $50,000 ($205,070).
a) Specifies the court may not waive the requirement that a defendant – whether granted probation or not – serve at least 48 hours of continuous confinement.
b) Provides that fines collected from a person who has been convicted of purchasing or offering to purchase a commercial sex act shall be deposited in the Victim-Witness Assistance Fund to fund grants to “local programs.” Fifty percent of each fine shall be granted to public agencies and nonprofit corporations providing exit or recovery services to persons exploited through commercial sex. Fifty percent of the fines shall be granted to law enforcement and prosecution agencies in the jurisdiction of the crime “to fund programs to prevent sex purchasing.”
3) Creates an additional minimum mandatory fine of $1,000 ($4,170) and up to $10,000 ($41,070), in addition to any other fines imposed, for any person who agrees to purchase a commercial sex act with a minor.
4) Specifies an additional minimum mandatory fine of $5,000 ($20,570), in addition to an existing fine of up to $5,000 ($20,570) for placing a minor into prostitution, or furnishing a minor to another person for sex conduct.