2006 Evans Legislation Summaries

Outcome Summary

13 bills sent to the Governor: 8 signed, 5 vetoed. 2 resolutions chaptered.

Legislation Sent to Governor

AB 368 - Technical Education
Helps schools obtain technical education equipment at bargain prices. It requires the State Department of Education to develop and maintain an Internet registry of career technical education equipment that is listed for sale by school districts. The equipment listed in the registry must first be offered for sale to other school districts and maintained in the registry for a period of no less than 4 months. Bill signed.

AB 1286 - Sale or Lease of Community College District Property
Prioritizes the repayment of obligations incurred by a community college district through the State Public Works Boards issuance of lease-revenue bonds over the repayment of debt service or short-term loans for financing the construction of energy efficient buildings. The bill also establishes reporting requirements and sunset provisions on exemptions from construction and property disposal provisions and financing. This is a follow up measure to Evans' AB 1492 (2005), which allowed lease-revenue financing for sustainable energy projects, and allowed the best available credit rates on the bonds used to refurbish current energy plants and expand energy facilities to meet enrollment growth. Bill signed.

AB 1553 - Arbitration Reform
Eliminates the need for a plaintiff to initiate duplicate proceedings - one through arbitration and one in court - on the same claim, by providing that if a plaintiff has filed suit in court and the court decides that the issue is subject to arbitration, the plaintiff will still have the opportunity to pursue the issue through arbitration. Specifically, the bill allows for the tolling of statute of limitations for a party to demand or commence arbitration pursuant to an arbitration agreement when the party commences a civil action in court based on that controversy. Bill signed.

AB 2108 - Child Passenger Safety
Would save many children from preventable injury and death by requiring children to ride in a booster seat in the back seat until their 8th birthday, unless the child is 4' 9". It would also require infants to ride in rear-facing car seats in the back seat until they are at least 1 year old and at least 20 pounds. Bill vetoed.

AB 2158 - Housing: Local Land Use
Would require a council of governments, when establishing a methodology for the allocation of the regional housing need, to include adopted city spheres of influence and adopted policies of the relevant local agency formation commissions as factors in developing that methodology. Bill vetoed.

AB 2205 - Child Nutrition
Would reduce hunger and improve nutrition among the children of low-income families by coordinating healthcare, food stamp, and school meals programs. Specifically, this bill would requires the Department of Social Services to establish categorical eligibility for food stamp benefits for Medi-Cal recipients who are eligible for services funded by the Temporary Assistance for Needy Families block grant. Bill vetoed.

AB 2251 - Online Privacy: Reproductive Health
Enacts the Online Privacy for Reproductive Health Services Providers, Employees, Volunteers and Patients Act. Specifically, helps reproductive health providers and patients keep their home address, home telephone number, and image off of the Internet and provides civil penalties for postings. Also prohibits the sale, trade or solicitation of this information online with the intent to incite violence or make threats. Bill signed.

AB 2291 - Privacy: Consumer Information
Expands privacy protections for California consumers by prohibiting auto manufacturers and distributors from accessing information from an auto dealer's computer system without providing safeguards to protect that information and prohibits a computer vendor of an auto dealer from accessing information without first obtaining the dealer's express consent and providing safeguards to protect that information. Bill signed.

AB 2469 - IHSS Payment Acceleration
Would help counties with populations of up to 250,000 to provide in-home supportive services programs (IHSS) to seniors through enabling these counties to receive accelerated payment for the state's share care services costs. It would help 33 smaller counties - including Napa County - who may not have other revenues to cover these costs until repayment is received. Bill vetoed.

AB 2480 - Foster Youth: Appellate Counsel
Protects the rights of foster youth by requiring judges who preside over appellate dependency proceedings to appoint counsel for foster youth if the court determines that the child would benefit from counsel. Under current law, foster youth may be represented by counsel in an appellate proceeding only if requested by the child's trial attorney and only if there is proof of a conflict of interest between the child and county counsel. Bill signed.

AB 2609 - Residential Care Facilities
Prevents medication management mistakes that could cost seniors their lives by establishing training requirements for the staff of residential care facilities for the elderly. Residential care facility staffs are non-medical personnel who are not permitted to administer medications directly, but their duties may involve organizing a complex regiment of medications taken by residents. Bill signed.

AB 2757 - Community Clinics
Removes administrative burdens and costly barriers facing community and free clinics by allowing them to streamline their application process for laboratory licensure. This will enable free clinics to provide better services to patients by performing laboratory testing on site. Bill signed.

AB 2992 - Subcontractor Prequalification
Would prevent the subcontracting of unqualified contractors on public works projects out for bid by the California State University by requiring the Trustees of the California State University system to pre-qualify all subcontractors listed on a winning bid if the project exceeds $1,000,000. Bill vetoed.

Resolutions Chaptered

AJR 31 - Federal Media Shield
Calls upon the United States Congress to enact a shield law for America's journalists. Passed with unanimous support in the Assembly and Senate.

ACR 153 - Paris Wine Tasting
Proclaimed May 24, 2006, the 30th anniversary of the Paris Wine Tasting of 1976, which revolutionized California's wine industry.

AB 1405 - Fire Response Data
Would have required the annual report of the State Fire Marshal analyzing data from local agencies to include a comparison of response time and staffing performance objectives specified a national fire protection standard. Status: Held in the Senate Rules Committee.

AB 1584 - Excluded Employee Mediation
Would have strengthened the excluded employee grievance process and brought more accountability to the process by allowing an excluded employee who has filed a grievance with the Department of Personnel Administration to request mediation if certain conditions are met. Status: Held in the Senate Appropriations Committee.

AB 2172 - St. Helena Flood Control
Would have authorized the City of St. Helena to seek bond-funded state flood subvention financing for its pending flood control project. This bill was introduced prior to federal and state authorization of the flood project. Status: Held in the Assembly Water, Parks & Wildlife Committee.

AB 2228 - Environmental Disclosures
Would have establishes a process for home purchasers be advised of the availability of additional environmental report and have the opportunity to purchase the report. Under existing law, buyers of residential real property are required to receive a natural hazards disclosure which indicates whether properties are at significant risk of damage from earthquakes, floods, fires, or other naturally occurring events. This bill would have provided prospective home purchasers with the opportunity to obtain additional, valuable information. Status: Held in Senate Judiciary Committee.

AB 2378 - Housing Affordability
Would have kept moderate-income housing affordable. Specifically, provided that a moderate-income condominium unit that qualifies a developer for a density bonus shall be subject to a resale restriction that ensures affordability for moderate-income buyers for up to 30 years. Status: Held in the Senate Transportation and Housing Committee.

AB 2460 - Initiative Process Safeguards
Would have established a common sense safeguard for the initiative process by requiring the Attorney General to transmit the text, title, and summary of an initiative to the Secretary of State upon issuance and require the Secretary of State to compare the text in the petition with the text submitted to the Attorney General before the petition is circulated for signatures. This bill arose out of complications with Proposition 77 in 2005, where there were differences between the text provided to the Attorney General and that which was used for the petition circulation. Status: Held on the Senate Appropriations Committee Suspense File.

AB 2481 - Foster Families
Would establish the Foster Parent Recruitment and Retention Program within the Department of Social Services, increase the rate paid to foster parents, and base future rate increases on percentage changes in the state cost-of-living based to the California Necessities Index. Status: Held on the Assembly Appropriations Committee Suspense File.

AB 2491 - Speed Limits
Stated the intent of the Legislature to enact legislation granting local governments greater authority over the setting of speed limits within their respective communities. Status: Held in the Assembly Rules Committee.

AB 2565 - Mediation Services
Would appropriate $3.5 million from the General Fund to the State Department of Education for the 2005-06 fiscal year to provide funding for a contract to conduct special education mediation conferences and due process hearings provided under existing law. Under federal law, California must provide a free and appropriate education to students with disabilities. If a dispute arises over the quality of individualized education provided, the state must offer parents due process, which takes the form of mediation services. Status: Held on the Assembly Appropriations Suspense File.

AB 2994 - Meet and Confer Rights
Would provide state managerial employees with the right to meet and confer with their employer in all matters relating to employment conditions – a right currently provided to all other excluded employees. Status: Held on the Assembly Appropriations Suspense File.

AB 3042 - Regional Housing Needs Allocation
Would provide allowing a city to transfer housing some of its share of housing allocations to another city within the same county or that shares a border and is in the same housing market. This would make it more likely that the allocation is met and the housing built. Status: Held in the Senate Transportation and Housing Committee.