Evans Legislation Signed into Law
AB 5–The Electronic Discovery Act, Chapter 5, Statutes of 2009
Updates discovery procedures for courts and civil litigants to reflect that most information is now stored in electronic form. By promoting the proper handling of electronic discovery, this bill will reduce the cost of discovery, thereby benefiting courts and litigants. This legislation was sponsored by Judicial Council of California, the Consumer Attorneys of California, and California Defense Counsel.
AB 94–Natural Heritage Preservation Tax Credit, Chapter 220, Statutes of 2009
Reinstates and enhances the voluntary Natural Heritage Preservation Tax Credit, thereby allowing the state, a local government, or qualified non-profit to save 45% when acquiring park and habitat lands by structuring the acquisition so that the landowner can receive a state tax credit and use federal tax deductions. From 2001 to 2008, the Tax Credit provided a voluntary alternative that saved California approximately $40 million in the acquisition of more than 8,000 acres of land. Because all tax credits would have to be coupled with the reimbursement of the General Fund, this is a General Fund-neutral tax credit that allows limited funding for resources to be stretched farther. This legislation was sponsored by the Trust for Public Land.
AB 131–Juvenile Court Costs, Chapter 413, Statutes of 2009
Allows courts to implement a cost-recovery program in juvenile dependency cases and requires that the funds recovered be used to reduce the caseloads of the court appointed attorneys who represent children and parents in these cases. Investing in attorney representation has proven to be a cost-effective way of improving permanency and well-being outcomes for children and families in the dependency system. This legislation was sponsored by Judicial Council of California.
AB 154–Federal Law: Adoption Assistance, Chapter 222, Statutes of 2009
Implements provisions of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008, which enhances adoption incentive payments and increased eligibility of children and families for adoption assistance payments. This legislation also ensures that any savings realized from drawing down federal funds are invested in child welfare programs and that all parents considering adopting a foster youth are aware of the state and federal tax credits for adoption-related expenses.
AB 712–Small Claims Court Jurisdiction, Chapter 468, Statutes of 2009
Ensures consistency and clarity between the Small Claims Act (which governs small claims courts) and statutes independently authorizing the small claims court to provide injunctive or equitable relief. Under current law, various statutes grant a person the right to seek declaratory or injunctive relief in small claims court. However, the Small Claims Act does not currently contain a catch-all provision that specifically authorizes the small claims court to order equitable relief in cases where such relief has been made available through other statutes. This bill would provide the necessary certainty to the law.
AB 729–Transit-Design Build, Chapter 466, Statutes of 2009
Extends the existing statutory authorization for public transit agencies to enter into design-build contracts for transit capital improvement projects until January 1, 2015. The extension of design build provides local transit agencies with explicit authorization to use this contracting tool when spending Proposition 1B funding in the coming years. This legislation was sponsored by the California Transit Association.
AB 1216–Honey Labeling, Chapter 388, Statutes of 2009
Changes the definition of honey for labeling purposes to protect California consumers from deceptively labeled, adulterated, and potentially less healthy products. Deceptively labeled and misbranded products and adulteration of honey with other sweeteners or compounds are growing problems worldwide and their increasing presence in the market is adversely affecting honey prices in California. California agriculture depends on honeybees for pollination services. This legislation was sponsored by the California State Beekeepers Association.
AB 1219–Solano Transit Authority, Chapter 143, Statutes of 2009
Designates the Solano Transportation Authority (STA) as a direct claimant of local transportation funds made available to the county via the Transportation Development Act (TDA) and allows the STA to file an annual claim for Solano County’s TDA funds in order to expedite and streamline countywide coordination and planning for transit. The bill allows STA to spend less time preparing and reviewing applications and more time serving its customers. This legislation was sponsored by STA.
AB 1337–Electioneering, Chapter 146, Statutes of 2009
Defines “electioneering” in statute as the displaying visible or disseminating audible information that advocates for or against a candidate or measure while in or within 100 feet of a polling place. This is consistent with the legal interpretation applied by courts and the Secretary of State. Existing laws prohibit electioneering but the term was previously undefined making the law subject to confusion. This legislation was sponsored by the Secretary of State.
AB 1364–Infrastructure Projects, Chapter 526, Statutes of 2009
Responds to the uncertainties facing over 5,700 state infrastructure projects and related jobs as a result of the “stop work order” imposed for funds from the Pooled Money Investment Account. The bill creates framework to fairly and uniformly provide guidance through the challenges created by the “stop work order,” including the need to adjust project timetables and deadlines rendered obsolete by months of delay, protects the state’s project, and assures similar operations if bond financing interruptions occur and put another freeze in place. This bill would help the state honor its project agreements as state infrastructure bond resources allow. This bill was sponsored by the California Council of Land Trusts, the California State Parks Foundation, and the Planning and Conservation League.
AB 1470–Wine, Chapter 535, Statutes of 2009
Enables wineries to sell wine by the glass or bottle in a second tasting room while expanding public review in the licensure process. It also establishes consistency in how wineries may sell their wines at locations operating under duplicate licenses, conforms the issuance of duplicate licenses to a 30-day public review period, and allows customers of wine bars operating under a standard beer and wine bar license or a duplicate winery license to take home unfinished bottles of wine, as currently allowed at restaurants and wineries to promote responsible consumption. This legislation was sponsored by Wine Institute.
AB 1499–Horseracing, Chapter 151, Statutes of 2009
Authorizes horseracing fairs to deduct 0.5% of the handle in exotic parimutuel pools of races for the provision of workers' compensation insurance for horse trainers and owners who are racing horses – except thoroughbreds – at fairs. This bill was sponsored by the California Authority of Racing Fairs.
Resolutions Chaptered
ACR 49–Law Revision Commission, Res. Chapter 98, Statues of 2009
Provides legislative authorization for the California Law Revision Commission’s work plan for 2009-2010. Assemblymember Evans is a member of the Commission.
2007-2008 Legislative Session
AB 1679–Open Records, Chapter 50, Statutes of 2008
Allows all papers and records in paternity cases, other than the final judgment, to be accessed by the parties to the action, their attorneys, the agents of the party or attorneys acting under written authorization, or in exceptional cases and upon order of the court. This legislation was sponsored by the Family Law Section of the California State Bar.
AB 1898-St. Helena Flood Project, Chapter 632, Statutes of 2008
Establishes eligibility for the City of St. Helena to receive state funds provided through state infrastructure bonds to help finance the completion of its flood project. These state funds will range from 50 to 70 percent of project costs. This legislation was sponsored by the City of St. Helena.
AB 1948-Vallejo Unified School District Surplus Property, Chapter 636, Statutes of 2008
Extends the deadline for Vallejo City Unified School District to sell surplus property to pay the state’s emergency loan authorized in 2004 to keep the school district financially afloat. This legislation was sponsored by the State Superintendent of Public Instruction.
AB 1949-Court Operations Omnibus, Chapter 218, Statutes of 2008
Makes clarifying and technical changes to improve court operations. This legislation was sponsored by the Judicial Council of California.
AB 1964-Non-Profits/Wine Industry Omnibus, Chapter 71, Statutes of 2008
Increases from one to three the number of temporary alcohol licenses a non-profit can obtain each year from the Department of Alcoholic Beverages Control (ABC) to conduct wine dinner and wine auction fundraisers. It also allows non-profit organizations to temporarily store wine leading up to events for which a temporary alcohol license is pending.
AB 2004-Winery Picnic Areas, Chapter 127, Statutes of 2008
Updates the law to conform to current practices so that winery visitors can drink wine in the picnic area of a winery. This legislation was sponsored by the Wine Institute.
AB 2090-Wine Symposium licensing, Chapter 441, Statutes of 2008
Creates a new temporary license for wine grape commissions, regional wine grape grower associations, and professional organizations in the field of enology and viticulture to organize wine tasting events designed to promote a particular agricultural region or as part of a class, seminar, or other educational event. This legislation was sponsored by the California Association of Winegrape Growers.
AB 2258-Horse racing/Fairs: licensing, Chapter 453, Statutes of 2008
Protects $40 million in funding for all county fairs originating from license fees on the horseracing industry. This legislation was sponsored by the California Authority of Racing Fairs.
AB 2266-Liquor licenses for Napa Restaurants, Chapter 130, Statutes of 2008
Directs the state Department of Alcoholic Beverage Control (ABC) to issue 5 additional on-sale liquor licenses per year, for a three year period, for restaurants in Napa County. This bill provides an economic stimulus to Napa’s tourist economy by helping local restaurants meet the growing demands of 4.7 million visitors each year.
AB 2287-Firefighters Benefits, Chapter 455, Statutes of 2008
Makes technical and clarifying changes to the definition of "surviving spouse" to assure that families are taken care of when firefighters or peace officer are killed in the line of duty. This legislation was sponsored by the California Professional Firefighters.
AB 323-Wine and Non-Profits, Chapter 131, Statutes of 2007
Enables vintners operating under the license combination 17/20 (wholesalers/off-site retailers) to donate and pour their wines at non-profit events.
AB 765-Horse Racing, Chapter 613, Statutes of 2007
Enacts numerous reforms in California’s horse racing industry to help improve and maintain racetracks. It finances facility improvements to the fairs at Santa Rosa and Vallejo and reauthorize horse racing fans’ ability to wager on races across the country.
AB 1063-Sonoma County Open Space, Chapter 504, Statutes of 2007
Enables the Sonoma County Board of Supervisors to issue bonds to protect agricultural land and open space and, in so doing, exercise the full authority granted by Measure F in 2006. This legislation was sponsored by the Sonoma County Board of Supervisors.
AB 1248-Court Administration/Civil Procedure, Chapter 738, Statutes of 2007
Implements various changes in court administration and civil procedure to improve court operations and practice. For instance, it permits plaintiffs who initially fail to pay the full required filing fee to fund the difference via personal check. It also clarifies discovery statutes.
AB 1331-Foster Youth: SSI Screening, Chapter 465, Statutes of 2007
Requires county child welfare agencies to screen foster youth for disabilities and help them apply for federal Supplemental Security Income (SSI) disability benefits if they are eligible. Without it, these foster youth end up facing homelessness, chronic health problems, and unemployment. This legislation was sponsored by the Alliance for Children's Rights, the County Welfare Directors Association of California, and the John Burton Foundation for Children without Homes.
AB 1402-Care Decisions for Developmentally Disabled, Chapter 512, Statutes of 2007
Helps protect the rights of the developmentally disabled and their families by allowing audio recording of the Individual Program Plan process where care decisions are made. It also requires Department of Social Services (DSS), regional centers, and vendors who provide this care to post appeal procedure information on their web sites.
AB 1663-Special Education, Chapter 454, Statutes of 2007
Protects California’s eligibility for $1.13 billion in federal funding for the provision of special education services to disabled students with special needs by bringing special education statutes into conformity with federal changes enacted through the 2004 reauthorization of the Individuals with Disabilities Education Improvement Act (IDEA). This legislation was sponsored by the State Superintendent of Public Instruction.
Resolutions Chaptered:
AJR 60–Federal Media Shield, Res. Chapter 102, Statutes of 2008
Urges the United States Congress to enact a federal shield law for America’s journalists.
ACR 35–Law Revision Commission, Res. Chapter 100, Statues of 2007
Provides legislative authorization for the California Law Revision Commission’s work plan for 2007-2008. Assemblymember Evans is a member of the Commission.
ACR 38–Vintner’s Hall of Fame, Res. Chapter 40, Statutes of 2007
Commemorates the establishment of the California Vintner’s Hall of Fame and the first round of individuals honored for their work pioneers, founders, and icons in our state’s wine industry.
AJR 24–Federal Media Shield, Res. Chapter 119, Statutes of 2007
Calls on the United State Congress to enact a federal shield law for journalists. The lack of a federal shield law undermines California’s ability to protect freedom of the press under state law dating back to 1935 because there are no privileges that journalists can claim if subpoenaed to a federal court in order to protect the confidentiality of a news source.
2005-2006 Legislative Session
Bills Signed:
AB 368-Technical Education, Chapter 408, Statutes of 2006
Helps schools obtain technical education equipment at bargain prices by requiring 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.
AB 1286-Community College District Property, Chapter 554, Statutes of 2006
Prioritizes the repayment of obligations incurred by a community college district through the State Public Works Board's 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 AB 1492 (2005), which allows lease-revenue financing for sustainable energy projects, and allows the best available credit rates on the bonds used to refurbish current energy plants and expand energy facilities to meet enrollment growth.
AB 1553-Arbitration Reform, Chapter 266, Statutes of 2006
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. This legislation was sponsored by the Alternative Dispute Resolution Committee of the State Bar of California.
AB 2251-Online Privacy: Reproductive Health, Chapter 486, Statutes of 2006
Enacts the Online Privacy for Reproductive Health Services Providers, Employees, Volunteers and Patients Act. Specifically, this legislation helps reproductive health providers and patients keep their home address, home telephone number, and image off of the Internet. It also prohibits the sale, trade or solicitation of this information online with the intent to incite violence or make threats.
AB 2291-Privacy: Consumer Information, Chapter 353, Statutes of 2006
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. This legislation was sponsored by the Motor Car Dealers Association.
AB 2480-Foster Youth: Appellate Counsel, Chapter 385, Statutes of 2006
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. This legislation was sponsored by the Children's Advocacy Institute, the National Center for Youth Law, and the Children's Law Center of Los Angeles.
AB 2609-Residential Care Facilities, Chapter 615, Statutes of 2006
Prevents medication management mistakes that could cost seniors their lives by establishing training requirements for the staff of residential care facilities for the elderly. This legislation was sponsored by the California Assisted Living Association (CALA), and the Alzheimer's Association.
AB 2757-Community Clinics, Chapter 795, Statutes of 2006
Removes administrative burdens and costly barriers facing community and free clinics by allowing them to streamline their application process for laboratory licensure. This enables free clinics to provide better services to patients by performing laboratory testing on site. This legislation was sponsored by the California Family Health Council and Planned Parenthood Affiliates of California.
AB 1318-Local Government, Chapter 407, Statutes of 2005
Allows for three changes in several local government offices: 1) it adds Sonoma County to the counties authorized to appoint, rather than elect, the Public Administrator, 2) it allows Sonoma County and Tulare County to consolidate the offices of Auditor-Controller and Treasurer-Tax Collector, and 3) it allows the county surveyor for Solano County to be appointed by the Director of Transportation rather than the Board of Supervisors. This legislation was sponsored by the Sonoma County Board of Supervisors.
AB 1322-Judge Disqualification, Chapter 332, Statutes of 2005
Clarifies reasons for disqualification of a judge who has a current arrangement concerning prospective employment by defining that a "discussion" with regard to employment means that the judge actively participated in making an inquiry. This legislation was sponsored by the California Judges Association and the Judicial Council of California.
AB 1435-Courthouse Transfers, Chapter 410, Statutes of 2005
Clarifies the intent of existing law regarding the transfer of courthouses to the state, eliminating a financial windfall caused by a narrow interpretation in audits of local Courthouse Construction Funds (CCF). Specifically, it stipulates that, consistent with existing law, permissible uses of CCF would include the acquisition, rehabilitation, construction and financing of court facilities. This legislation was sponsored by the Sonoma County Board of Supervisors.
AB 1492-Community Colleges, Chapter 363, Statutes of 2005
Allows lease-revenue financing for sustainable energy projects and permits the best available credit rates on the bonds used to refurbish current energy plants and expand energy facilities to meet enrollment growth.
AB 1511-Local Government: Design Build, Chapter 350, Statutes of 2005
Extends the sunset date for California's design-build construction and expands the statute by authorizing Del Norte, Humboldt, Los Angeles, Mendocino, Napa, and Yolo counties to use the design-build process. This legislation was sponsored by the counties of Napa, Solano, and Sonoma.
AB 1595-Online Privacy: Public Officials, Chapter 343, Statutes of 2005
Helps elected or appointed officials keep their home address and phone numbers private by establishing that a person or business may not “publicly post” or “publicly display” the home addresses and phone numbers of defined public officials once a written confidentiality request has been submitted. It also provides for damages for violations.
AB 1633-Foster Youth: SSI Screening, Chapter 641, Statutes of 2005
Extends foster care placement beyond age 18 when a foster child is pursuing a high school equivalency certificate.
Resolutions Chaptered:
AJR 31–Federal Media Shield, Res. Chapter 135, Statutes of 2006
Calls upon the United States Congress to enact a shield law for America's journalists.
ACR 153–Paris Wine Tasting, Res. Chapter 65, Statutes of 2006
Proclaimed May 24, 2006, the 30th anniversary of the Paris Wine Tasting of 1976, which revolutionized California's wine industry.
ACR 15–IHSS Home Care Worker Recognition, Res. Chapter 129, Statutes of 2005
Proclaims the second week of November to be In-Home Supportive Services (IHSS) Home Care Worker Recognition Week.
AJR 2–Filipino Veterans, Res. Chapter 117, Statutes of 2005
Urges the Congress and the President to enact legislation to rescind the 1946 Rescission Act and provide Filipino World War II veterans full U.S. Veterans Affairs benefits.