LACDP Priority Legislation 2019
as of March 2019
AB 16 (Asm. Luz Rivas (D)): Homeless Children And Youths: Reporting – SUPPORT
This bill would require a local educational agency to ensure that each school within the local educational agency identifies all homeless children and youths enrolled at the school, and would also require the local educational agency to annually report to the department the number of homeless children and youths enrolled. The bill would require that an intake form used to identify a child as homeless include a statement that a child will not be removed from the child’s family solely because the child’s family is experiencing homelessness. Additionally, the bill, upon appropriation by the Legislature for this purpose, would establish in the department three state coordinator positions, in addition to the state coordinator positions maintained in the department as of Jan 1, 2019, with duties including, at a minimum, those listed for the Coordinator for Education of Homeless Children and Youths pursuant to the federal act known as the McKinney-Vento Homeless Assistance Act. The bill would require the department, upon appropriation by the Legislature, to allocate $500,000 each to three county offices of education in different regions throughout the state for the purpose of establishing technical assistance centers to foster relationships with community partners and other local educational agencies in each region. The bill would require the department to determine which county offices of education to allocate those funds to through a competitive process, as provided, and to take into account geographic diversity and concentrations of homeless children and youths.
AB 164 (Asm. Sabrina Cervantes (D)): Firearms: Prohibited Persons – SUPPORT
Under existing law, a person who purchases or receives a firearm, attempts to purchase or receive a firearm, or owns or possesses a firearm knowing that the person is prohibited from doing so by a temporary restraining order, an injunction, or a protective order, as specified, is guilty of a crime.
This bill would expand the scope of this crime to a person who is prohibited from purchasing or possessing a firearm in any jurisdiction by a valid temporary restraining order, injunction, or protective order issued in another jurisdiction.
In short, it adds the words “from doing so in any other jurisdiction” to existing law; meaning orders or injunctions from jurisdictions outside the area would also make these actions a crime.
AB 392 (Asm. Shirley Weber (D) & Asm. Kevin McCarty (D)):
Peace Officers: Deadly Force – SUPPORT
This bill would redefine the circumstances under which a homicide by a peace officer is deemed justifiable to include when the killing is in self-defense or the defense of another, consistent with the existing legal standard for self-defense, or when the killing is necessary to prevent the escape of a fleeing felon whose immediate apprehension is necessary to prevent death or serious injury. The bill would additionally bar the use of this defense if the peace officer acted in a criminally negligent manner that caused the death, including if the officer’s criminally negligent actions created the necessity for the use of deadly force. Lastly, the bill would also affirmatively prescribe the circumstances under which a peace officer is authorized to use deadly force to effect an arrest, to prevent escape or to overcome resistance.
AB 492 (Asm. Adrin Nazarian (D)): Property Tax Assistance: Eligibility – SUPPORT
This bill would recast the provisions of the Gonsalves-Deukmejian-Petris Senior Citizens Property Tax Assistance Law (which authorizes individuals who are either 62 years of age or older or blind or disabled) as the Gonsalves-Deukmejian-Petris Property Tax Assistance Law that would authorize any individual, without regard to age, blindness, or disability, who otherwise meets the described criteria to file a claim for assistance. The bill would decrease the maximum gross household income for a claimant to qualify for assistance from $35,251 to $30,000, as provided. The bill would also make various conforming changes.
AB 857 (Asm. Miguel Santiago (D) & David Chiu (D)): Public Banks – SUPPORT
This bill would define the term “bank” for purposes of the Financial Institutions Law and the Banking Law to include a public bank. The bill would define the term “public bank” to mean a corporation, organized for the purpose of engaging in the commercial banking business or industrial banking business, that is wholly owned by a local agency, local agencies, a joint powers authority, or a special district. The bill would also require a public bank to comply with all requirements of the Financial Institutions Law and the Banking Law and to obtain and maintain insurance, subject to specified requirements. The bill would authorize a county to lend its credit to a public bank as well. Additionally, the bill would authorize a local agency to deposit funds in a public bank, and to invest in a public bank, subject to certain requirements. The bill would further require a public bank to identify in its articles of incorporation either a special purpose or a special public benefit. Furthermore, the bill would authorize, but not require, a public bank to incorporate as a benefit corporation or a social purpose corporation but would require a public bank to comply with the reporting requirements to which a social benefit or social purpose corporation are held, as specified. The Corporation Tax Law imposes a franchise tax on financial corporations, but provides that the tax is in lieu of all other state and local taxes and licenses, with certain exceptions. That law also exempts specified classes of entities from the franchise and income taxes imposed by that law, including state-chartered credit unions. This bill would additionally exempt from those franchise and income taxes any public bank. Lastly, the bill would also exempt a public bank from all other state and local taxes and licenses, with certain exceptions.
AB 1460 (Asm. Shirley Weber (D)):
California State University: Graduation Requirement: Ethnic Studies – SUPPORT
This bill, commencing with the 2020–21 academic year, would require the California State University (CSU) to provide for courses in ethnic studies at each of its campuses. The bill, commencing with the 2020–21 academic year, would require the CSU to require, as an undergraduate graduation requirement, the completion of one 3-unit course in ethnic studies, as specified.
AB 1507 (Asm. Christy Smith (D), Asm. Kevin McCarty (D) & Asm. Patrick O’Donnell (D)): Charter Schools: Location – SUPPORT
This bill would delete the authority of a charter school to locate outside the jurisdiction or geographic boundaries of the chartering school district because the charter school has attempted to locate a single site or facility to house the entire program, but a site or facility is unavailable in the area in which the charter school chooses to locate, or the site is needed for temporary use during a construction or expansion project.
SB 5 (Sen. Jim Beall (D) & Mike McGuire (D)):
Affordable Housing and Community Development Investment Program – No Position
This bill would establish in state government the Affordable Housing and Community Development Investment Program (AHCDIP), which would be administered by the Affordable Housing and Community Development Investment Committee (AHCDIC). The bill would authorize a city, county, city and county, joint powers agency, enhanced infrastructure financing district, affordable housing authority, community revitalization and investment authority, transit village development district, or a combination of those entities, to apply to the AHCDIC to participate in the program and would authorize the committee to approve or deny plans for projects meeting specific criteria. Additionally, the bill would require the AHCDIC to adopt guidelines for plans and approve no more than $200,000,000 per year from Jul 1, 2020, to Jun 30, 2025, and $250,000,000 per year from Jul 1, 2025, to Jun 30, 2029, in reductions in annual Educational Revenue Augmentation Fund (ERAF) contributions for applicants for plans approved pursuant to this program. This bill would provide that eligible projects include, among other things, construction of workforce and affordable housing, certain transit oriented development, and projects promoting strong neighborhoods. Lastly, the bill would require the AHCDIC, upon approval of a plan, to issue an order directing the county auditor to reduce the total amount of ad valorem property tax revenue otherwise required to be contributed to the county’s ERAF from the applicant by the annual reduction amount approved. The bill would require a county auditor to deposit the total annual reduction amount approved within a county into the Affordable Housing and Community Development Investment Fund (AHCDIF), which is created by this bill in the treasury of each county, and allocate moneys in that fund as directed by the committee, as specified. The bill would require the auditor, if the applicant is an enhanced infrastructure financing district, affordable housing authority, transit village development district, or community revitalization investment authority, to transfer to the city or county that created the authority or district an amount of property tax revenue equal to the reduction amount approved by the AHCDIC for that authority or district. The bill would require the city or county that created the district to, upon receipt, transfer those funds to the authority or district in an amount equal to the affordable housing and community development investment amount for that authority or district. By imposing additional duties on local officials, the bill would impose a state-mandated local program. The bill would authorize applicants to use approved amounts to incur debt or issue bonds or other financing to support an approved project.
SB 24 (Sen. Connie Leyva (D)): Public Health: Public University Student Health Centers: Abortion By Medication Techniques – SUPPORT
This bill would express findings and declarations of the Legislature relating to the availability of abortion by medication techniques at on-campus student health centers at public postsecondary educational institutions in the state. Additionally, the bill would require, on and after Jan. 1, 2023, each student health care services clinic on a California State University (CSU) or University of California (UC) campus to offer abortion by medication techniques, as specified. The bill would require the Commission on the Status of Women and Girls to administer the College Student Health Center Sexual and Reproductive Health Preparation Fund, which the bill would establish. The bill would continuously appropriate the moneys in that fund to the commission for grants to these student health care clinics for specified activities in preparation for providing abortion by medication techniques, thereby making an appropriation. The bill would provide that its requirements would be implemented only if, and to the extent that, a total of at least $10,290,000 in private moneys is made available to the fund in a timely manner on or after Jan. 1, 2020. Lastly, the bill would require the commission to submit a report to the Legislature, on or before Dec. 31, 2021, and on or before Dec. 31 of every year thereafter, until Dec. 31, 2026, that includes, but is not necessarily limited to, specified information relating to abortion by medication techniques at these student health clinics.
SB 27 (Sen. Mike McGuire (D) & Scott Wiener (D)):
Presidential Primary Elections: Ballot Access: Tax Returns – REAFFIRM SUPPORT
This bill would enact the Presidential Tax Transparency and Accountability Act, which would require a candidate for President, in order to have the candidate’s name placed upon a primary election ballot, to file the candidate’s income tax returns for the 5 most recent taxable years with the Secretary of State, as specified. The act would require the Secretary of State to redact the income tax returns of Presidential candidates as necessary to protect individual privacy, as specified, and subsequently to make the returns available to the public on the Secretary of State’s internet website.
SB 36 (Sens. Robert Hertzberg (D) & Holly Mitchell (D)): Pretrial Release: Risk Assessment Tools – SUPPORT
Existing law, beginning Oct. 1, 2019, requires Pretrial Assessment Services, as defined, to assess a person arrested or detained, as specified, according to a risk assessment instrument, as defined. Existing law requires Pretrial Assessment Services to release from confinement specified individuals based on that risk assessment, and, if the person is not released, to submit that assessment to the court for use in its pretrial release or detention decision.
This bill would require each county to maintain specified data for each individual that undergoes an assessment using the risk assessment tool.
In short, this bill provides standards to minimize bias where risk assessment tools are being used.
SB 41 (Sen. Robert Hertzberg (D)): Civil Actions: Damages: SUPPORT
Existing law authorizes a person who suffers a loss or harm to himself or herself, or his or her property, from an unlawful act or omission of another to recover monetary compensation, known as damages, from the person in fault. Existing law specifies the measure of damages as the amount which will compensate for the loss or harm, whether anticipated or not, and requires the damages awarded be reasonable.
This bill would prohibit the estimation, measure, or calculation of civil damages from being based on, or considering, race, ethnicity, gender, religion, or sexual orientation.
SB 47 (Sen. Ben Allen (D)): Initiative, Referendum, And Recall Petitions: Disclosures – SUPPORT
This bill would require, for a state or local initiative, referendum, or recall petition that requires voter signatures and for which the circulation is paid for by a committee, that an Official Top Funders disclosure be made, either on the petition or on a separate sheet, that identifies the name of the committee, any top contributors, and the month and year during which the Official Top Funders disclosure is valid. The bill would require the committee to create an Official Top Funders sheet meeting certain requirements and would authorize the committee to create a page on an Internet Web site that includes a link to the most recent Official Top Funders sheet and a link to the full text of the measure. The bill would require the committee to submit the Official Top Funders sheet and any updates to the Secretary of State, who would be required to post that statement on the Secretary of State’s Internet Web site along with the previous versions the committee submitted.
The bill would amend existing provisions to make certain misrepresentations with regard to the Official Top Funders disclosures a crime. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The bill would require the circulator to certify under the penalty of perjury that the circulator showed each signer a valid and unfalsified “Official Top Funders” sheet if the petition does not include a specified disclosure statement. The bill would authorize the pages of a petition to be bound together by any reasonable method, including the use of staples.
SB 50 (Sen. Scott Wiener (D)):
Planning And Zoning: Housing Development: Equitable Communities Incentive – OPPOSE
This bill would require a city, county, or city and county to grant upon request an equitable communities incentive when a development proponent seeks and agrees to construct a residential development, as defined, that satisfies specified criteria, including, among other things, that the residential development is either a job-rich housing project or a transit-rich housing project, as those terms are defined; the site does not contain, or has not contained, housing occupied by tenants or accommodations withdrawn from rent or lease in accordance with specified law within specified time periods; and the residential development complies with specified additional requirements under existing law. The bill would require that a residential development eligible for an equitable communities incentive receive waivers from maximum controls on density and automobile parking requirements greater than 0.5 parking spots per unit, up to 3 additional incentives or concessions under the Density Bonus Law, and specified additional waivers if the residential development is located within a 1/2-mile or 1/4-mile radius of a major transit stop, as defined. The bill would authorize a local government to modify or expand the terms of an equitable communities incentive, provided that the equitable communities incentive is consistent with these provisions. Additionally, the bill would include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The bill would also declare the intent of the Legislature to delay implementation of this bill in sensitive communities, as defined, until Jul. 1, 2020, as provided.
HR 7 / S 270 (Rep. Rosa DeLauro (D) [CT-03] / Sen. Patty Murray (D) [WA]): Paycheck Fairness Act – SUPPORT
This bill would strengthen and close loopholes in the Equal Pay Act of 1963 by holding employers accountable for discriminatory practices, ending the practice of pay secrecy, easing workers’ ability to individually or jointly challenge pay discrimination, and strengthening the available remedies for wronged employees.
HR 1111 (Rep. Barbara Lee (D) [CA-13]):
Department Of Peacebuilding Act Of 2019 – REAFFIRM SUPPORT
This bill establishes a Department of Peacebuilding in the executive branch, dedicated to peacebuilding, peacemaking, and the study and promotion of conditions conducive to both domestic and international peace and a culture of peace.
HR 1585 (Rep. Karen Bass (D) [CA-37]):
Violence Against Women Reauthorization Act Of 2019 – REAFFIRM SUPPORT
This is a bill to reauthorize the Violence Against Women Act of 1994.
HJ RES 46 (Rep. Joaquin Castro (D) [TX-20]):
Relating To A National Emergency Declared By The President on Feb. 15, 2019 – SUPPORT
This joint resolution terminates the national emergency related to the U.S.-Mexico border, declared by the President on February 15, 2019.
Los Angeles City Council:
CF 19-0046 (Council Members Bonin, Busciano, Koretz, Krekorian, Martinez & Ryu (D)):
Developer Contribution Restrictions – SUPPORT
A motion for the City Attorney of the City of Los Angeles, in consultation with the Ethics Commission staff, be requested to prepare and present a draft Ordinance, similar to the 2011 Measure H restrictions approved by City of Los Angeles voters, to prohibit contributions to City elected officials and candidates for City Office from “Restricted Developers.”
Previously Endorsed Legislation