27
DAVID E. JANSSEN Chret AdminEstrative Officer County of Los Angeles CHIEF ADMINISTRATIVE OFFICE 713 KENNETH HAHN HALL OF ADMINISTRATION LOS ANGELES, CALIFORNIA 90012 (213) 974’l 101 http://cao. colaca. us Board of Supervisors GLORIA MOLt NA First District YVONNE BRATHWAITE BURKE Second District ZEV YAROSLAVSKY September 5, 2003 Third District DON KNABE Fourth District MICHAEL D. ANTONOVICH Fifth District To: From: Supervisor Yvonne Brathwaite Burke, Chair Supervisor Gloria Molina Supervisor Zev Yaroslavsky Supervi Don Knabe S~Antonovich David E. Janssen Chief Administrative Officer STATE LEGISLATIVE UPDATE Assembly Hearing on King/Drew Medical Center The Department of Health Services (DHS) has received the attached letter (Attachment I) from Assembly Member Dymally rescheduling the hearing of the Assembly Select Committee on King/Drew Medical Center, scheduled for Tuesday, September 16, 2003, at 10:00 am. in the Lecture Hall of the King/Drew Magnet High School, 1601 East 120 th Street, Los Angeles. In a follow up letter (Attachment II), DHS is requested to respond to specific questions regarding the recent Drew University accreditation problems and to submit a copy of oral testimony prior to the hearing date. Pursuit of Position on Legislation SB 130 (Chesbro), as amended Legislature to achieve a reduction mental health care facilities. The implemented only if they can be funding becomes available. on September 2, 2003, declares the intent of the in the use of seclusion and behavioral restraints in provisions of this measure would be required to be achieved within existing resources, or if additional SB 130 would require the California Health and Human Services Agency to lead and coordinate the reduction in the use of seclusion and behavioral restraints in facilities that are licensed, certified, or monitored by departments within the agency’s jurisdiction. The State Department of Mental Health and the State Department of Developmental Services would be required to develop technical assistance and training programs to assist facilities operated by those departments to achieve this reduction, The measure 090503 Sta~eLUMS OS ‘To Enrich Lives Through Effective And Caring Service”

County of Los Angeles CHIEF ADMINISTRATIVE OFFICEfile.lacounty.gov/SDSInter/bos/bc/011230_090503StateLU_MS_DS.pdf · SB 130 (Chesbro), as amended Legislature to achieve a reduction

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Page 1: County of Los Angeles CHIEF ADMINISTRATIVE OFFICEfile.lacounty.gov/SDSInter/bos/bc/011230_090503StateLU_MS_DS.pdf · SB 130 (Chesbro), as amended Legislature to achieve a reduction

DAVID E. JANSSENChret AdminEstrative Officer

County of Los AngelesCHIEF ADMINISTRATIVE OFFICE

713 KENNETH HAHN HALL OF ADMINISTRATION • LOS ANGELES, CALIFORNIA 90012(213) 974’l 101

http://cao.colaca. us

Board of SupervisorsGLORIA MOLt NAFirst District

YVONNE BRATHWAITE BURKESecond DistrictZEV YAROSLAVSKY

September 5, 2003 Third District

DON KNABE

Fourth District

MICHAEL D. ANTONOVICHFifth District

To:

From:

Supervisor Yvonne Brathwaite Burke, ChairSupervisor Gloria MolinaSupervisor Zev YaroslavskySupervi Don KnabeS~Antonovich

David E. JanssenChief Administrative Officer

STATE LEGISLATIVE UPDATE

Assembly Hearing on King/Drew Medical Center

The Department of Health Services (DHS) has received the attached letter(Attachment I) from Assembly Member Dymally rescheduling the hearing of theAssembly Select Committee on King/Drew Medical Center, scheduled for Tuesday,September 16, 2003, at 10:00 am. in the Lecture Hall of the King/Drew Magnet HighSchool, 1601 East

120th Street, Los Angeles. In a follow up letter (Attachment II), DHS

is requested to respond to specific questions regarding the recent Drew Universityaccreditation problems and to submit a copy of oral testimony prior to the hearing date.

Pursuit of Position on Legislation

SB 130 (Chesbro), as amendedLegislature to achieve a reductionmental health care facilities. Theimplemented only if they can befunding becomes available.

on September 2, 2003, declares the intent of thein the use of seclusion and behavioral restraints inprovisions of this measure would be required to beachieved within existing resources, or if additional

SB 130 would require the California Health and Human Services Agency to lead andcoordinate the reduction in the use of seclusion and behavioral restraints in facilities thatare licensed, certified, or monitored by departments within the agency’s jurisdiction. TheState Department of Mental Health and the State Department of DevelopmentalServices would be required to develop technical assistance and training programs toassist facilities operated by those departments to achieve this reduction, The measure

090503 Sta~eLUMS OS

‘To Enrich Lives Through Effective And Caring Service”

Page 2: County of Los Angeles CHIEF ADMINISTRATIVE OFFICEfile.lacounty.gov/SDSInter/bos/bc/011230_090503StateLU_MS_DS.pdf · SB 130 (Chesbro), as amended Legislature to achieve a reduction

Each SupervisorSeptember 5, 2003Page 2

would also require the California Health and Human Services Agency to develop similarassistance and training programs to support various other facilities including psychiatricunits of general acute care hospitals, and acute psychiatric hospitals. The agency andits departments would further be required to collect data regarding the use of seclusionand behavioral restraints and make it available to the public on the Internet.

The measure would also clarify the right of a person in a mental health facility to be freefrom: 1) the use of seclusion and behavioral restraints imposed as a means of coercion,discipline, convenience, or retaliation by staff, and 2) drugs used to control behavior orto restrict freedom of movement if the drug is not a standard treatment for the person’scondition.

The Department of Mental Health (DMH) indicates that several recent State andnational reports cite the improper use of seclusion and behavioral restraints whichresulted in injury or death to facility residents or staff. DMH supports SB 130 because itwould establish important requirements and training enhancements for staff utilizingseclusion and behavioral restraints, which will protect both clients and staff.DMH reports that the mental health community has worked closely with the author toshape this measure. Support for SB 130 is consistent with Board policy to supportlegislation which would reform the Lanterman Petris Short Act and related laws thatassist and protect the mentally ill. Therefore, our Sacramento advocates willsupport SB 130.

SB 130 is sponsored by Protection and Advocacy, Inc. It is supported by the CaliforniaAssociation of Mental Health Patients’ Rights Advocates, California Association ofSocial Rehabilitation Agencies, California Network of Mental Health Clients, CaliforniaNurses Association, California Psychological Association, Consumers Self-Help, andthe National Alliance for the Mentally Ill of California. According to the author’s staff,because of recent amendments, there is no longer any registered opposition to the bill.SB 130 passed the Assembly Appropriations Committee on August 29, 2003 by a voteof 16 to 8, and is awaiting consideration on the Assembly Floor.

Status of County-Interest Legislation

Friday, September 12, 2003, will be the last day for each house of the Legislature topass bills. Attachment Ill is a listing of bills on which we have taken a position as ofSeptember 4, 2003.

County-supported AB 1405 (Wolk and Harman), which encourages the CaliforniaEnvironmental Protection Agency and the Resources Agency to provide assistance andgrants to those who choose to participate in watershed enhancement and restoration,was passed by the Senate on September 3, 2003, by a vote of 25 to 12, and sent to theAssembly for concurrence in the Senate’s amendments.

090503 SteteLuMs_Os

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Each SupervisorSeptember 5, 2003Page 3

We will continue to keep you advised.

DEJ:GKMAL:M5:D5:ib

Attachment

c: Executive Officer, Board of SupervisorsCounty CounselLocal 660All Department HeadsLegislative StrategistCoalition of County UnionsCalifornia Contract Cities AssociationIndependent Cities AssociationLeague of California Cities

090503 StateLu Ms os

Page 4: County of Los Angeles CHIEF ADMINISTRATIVE OFFICEfile.lacounty.gov/SDSInter/bos/bc/011230_090503StateLU_MS_DS.pdf · SB 130 (Chesbro), as amended Legislature to achieve a reduction

~tr-o-~.a sw:c. PKhJ’HLIJJ LtrjLt ~ Mac LI6~b puics.) b~b Attachment I

STATE CAPITOL CHAIR

no~Box9cs~s ,t~srmb114 SELECT COMMuTES ON

SAcRAMEtrro. CA ~4Z49-O052 “ r”~>~’~- COMMUNIFY Cot LEers

FAY (916) 319j215 ~nItfnrnia~ir2~jafurr SE~M~

fl~ ON

cisTRIcromeE COMMITTEES322W. COUPTOW BLVP.. SUITE toO c.:S.~ ‘ e:T3t’~o~j ~ U

cowmo~ c1

gtac2o .~ t7

t Il ~ GOQERNME’UALORGANSZATION

FAX (310) 223 i2~2 ~ “a’ ‘, HIGHER EDUCATIONRU LE a

MERVYN M~’DYMALLY WATER. PARKS A WtLDUFEASSEMBLYMEMBER, E,FTY.SECOND DISTRICT

Au1ust29, 2003

Dr. hornasGarthwaileLos AngelesCountyDepartmentof UealthServices313 N. FigueroaStreetRoom912Los Angeles,CA 90012

CORRECTEDCOPY

Den Dr. Garthwaite

lCncjwing of your interestand/or involvementwith the CharlesR. Drew UniVerSity of Medicineand Netenec,the AssemblySelect Committee on King/Drew MedicalCenterextendsto you anmvitation to testify at a hearing beforethe Committee.

Thc~l1earingwill be held on Tuesday. September 16, 2003, in the Lechire Hall at the King/DrewMaánet [‘ugh Schoo] of Medicine and Science, 1601 East l20~’Street, Los Angeles,CA 90059corderof l2Otit SttcctandCotnpton Avenue.

You~views on the recent loss of accreditationin radiology and surgery andthe two deathsain’t utedto,faultvequlprncnt would be most helpful.

Wn en testimony is encouraged, and presentations should he knitted to no more than tenmm tes, if possible.

The ‘ommittee was recently appointed by Assembly Speaker Herb Wesson Jr. to ascertain thefaces surrounding the issue mentioned above in this letter.

If y4u need further infonnaflon it is suggested that you call Dr. KennethOrduoa,ChiefConjrmttee Consultant, at (310) 22~~I2O~.Thecommittee looks forward to hearing your viewson t~eaforementioned subjects

Wit very best wishes

Stile rely.

MeJyn M. Dymally, ChairSeleLtCommitteeon King/Drew MedIcal Center

I’S. In a subsequent letter we wtll adviseyou of theaith hearing.

PrIn lcd on iThcyc&.

Page 5: County of Los Angeles CHIEF ADMINISTRATIVE OFFICEfile.lacounty.gov/SDSInter/bos/bc/011230_090503StateLU_MS_DS.pdf · SB 130 (Chesbro), as amended Legislature to achieve a reduction

sP-~-Ee0318:23 FRaI:CU) EFYICE 213 482 1026 10:213 626 7936Attachment II

STATE CAPITOL ~ . CHAIR

SAcRAMENTo, eAtaaa.o.IsZ .ht~ SELECt COMMITTEE ON9i6~313 2 -.~.1:~1 COMMUNITY COLLEGES

fAX (916) 3142152 Qahfurtwr1Jii~gtsIufurr322 ~t COMPTON BLVI*, SUITE ~ ~i:~i~i~ ~Tt COMMITTEES

COMP1’ON cM90220 A’. ~ B000ET(310) 223-1~0i ~%“-j~i... ‘~ç~S~* r/”~tst’.y.~ ‘i” “N GOVERNMENTAL ORCLANIZA1IC N

FAX (310122 1202 U ~ ~ ~ HIGHER EDUCATION

MERVYN MYDYMA.LY WATER PAF4KS A WILDLWEAS5EMOLYMEMRER, rIFT’~cSEcoNoDISTRICT

Septem em 2, 2003

Dr. ThomasGarthwaite,DirectorLos Aui4elesCountyDepartmentof HealthServiecs313 N. tfigueroaStreetRoom912Los Angeles,CA 90012

DearDr Garthwaite

This tettkr is a follow up to our previouscommunicationto you regardingthehearingof theAssemblySelectCommitteeon theKing!Drew Medical Center,to be heldon Tuesday,Septemtier16, 2003 at 10:00a.m. in theLectureHall of the King/Drew MagnetHigh School,atthe corn~rof 120°’andComptonAye, Los Angeles.

Direct otis - ([05 Fwy to Wilmington South,2 blocksto I20’~’,turn right (West),one(1) longblock to thehigh school.You will be directedto parkinglot,

The Corpmitteewould appreciateit if you would respondto theattachedquestionsin writing and //submitacopy with youroral tesumonyprior to thehearingdate.

Becauseof the numberof witnesseswe aidaskingwitnessesto limit their testuitonyto no morethen len (10)minutes.Feel fleeto sumniarizeyour written testimony.

Pleases nd to thecommitteeacopyof your resume.

If you needfurther informationdo not hesitateto call theCommitteeChiefConsultant,Dr.lCerm.etl Orduña,attheDistrict Oflice (310) 223-1201or the SacramentoOffice (916)319-2052.

We leo forwardto seeingyou..

With ye y bestwishes.

Sincere!

HMervyn ~vt.DyniallyChairMf~rvynM. Dymally, ChairSelectCbrnniitteeon King/Drew Medical Center

PMired on /Mcyc~edPaper

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-- .... M~ i~b TO:213 626 7836 P.3,3

I. Wh t is beixig doneto restoreaccreditationto theDepartsnetitof RadiologyandSurgery?

2. Wh t preventativemeasuresarebeingtakento avoid further lossof accreditation?

3. Ple~ecommenton the governancestructure,if any,betweenDrew andtheCounty.

4. What is the county’sresponsibilityin the training andsupervisionof ResidentsMD’s?

Page 7: County of Los Angeles CHIEF ADMINISTRATIVE OFFICEfile.lacounty.gov/SDSInter/bos/bc/011230_090503StateLU_MS_DS.pdf · SB 130 (Chesbro), as amended Legislature to achieve a reduction

COUNTY OF LOS ANGELES - CHIEF ADMINISTRATIVE OFFICESTATUS OF BILLS OF INTEREST TO THE COUNTY

2003-04 LEGISLATIVE SESSION

These are bills we have pursued in Sacramento pursuant to Board actions or as reported in bill pOlicy memoranda.

Attachment III

Support if Amended to providemore fiscal and administrativecontrol to county boards ofsupervisors (Board Action:6/3/03)

Mountjoy Support (Board Action: 1/14/03)

Would require the Department of Justice (DOJ) to provide information on theInternet regarding registered sex offenders who are serious or high riskoffenders and appropriates an unspecified sum from the General Fund tothe DOJ to create the website.

Would enact the Firefighting Hazardous Materials Response TeamEquipment Act of 2003, which would provide funding to purchase hazardousmaterial response apparatus and equipment to State and local agencies.This measure would allow the Director of the State Office of EmergencyServices to implement the program subject to the legislature’s appropriationof Federal funds for these purposes. Also clarifies how the equipment maybe used in a manner consistent with the Master Mutual Aid Agreement.

Would re-appropriate $203 million in FY 2003-04 and distribute the funds toschools based on actual pupil attendance.

Would address technical issues regarding the notification of various partiesof juvenile court proceedings to determine, review, revise or terminate thestatus of a child as a dependent child of the court. Urgency measure.

Would amend the 1937 County Employee Retirement Act and allow anemployee to purchase up to 5 years of service credit without anyrequirement that the credit reflect actual service. To be eligible, theemployee must have completed at least five years of service and purchasethis time by a lump sum payment within 120 days following retirement orthrough installments over a period of up to 10 years.

Would make it a felony or a misdemeanor to evade arrest and increasepenalties for evading arrest where injury is caused.

Senate AppropriationsSuspense File

Failed Passage inAssembly Public Safety

Updated: September 4, 2003

SUBJECTAUTHOR POSITION

Pacheco, Support (Board Action: 3/11/03)

Leslie

Pavley Support (Board Action: 4/8/03)

Runner Oppose (Board Action: 1/28/03)

Pacheco County-Sponsored

Correa

BILL

AB 26

AB 28

AB 31

AB 44

AB 55

AB 74

STATUSAssembly Public Safety

Assembly Education

Senate Desk

Governor’s Desk

h2c03.04 —1—

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BILL AUTHOR POSITION SUBJECT STATUS

AB 83 Corbett Support (Board Memo: 5/30/03) NOW: Was recently amended to specify a method for the distribution of the Failed passage nconsumer confidence report and exempt water haulers from the consumer Senate Appropriations;confidence report requirement. Reconsideration

Support and Amend to specify a PREVIOUSLY: Would have required each water bottler, water vendor, grantedmethod for the dIstribution of the water hauler and retail water facility to prepare and distribute annualconsumer confidence report and consumer confidence reports, be subject to annual inspections by the Stateexempt water haulers from the Department of Health Services, and reimburse the State for costs incurredconsumer confidence report for inspections and enforcement activities.requirement (Board Action:2/11/03)

AB 87 Bogh Support (Board Memo: 4/11/03) Would, in the event of a budget impasse, provide a continuous appropriation Assemblyto the Workers’ Compensation for Disaster Service Workers Fund created Appropriationsby the bill to pay workers’ compensation for injuries incurred by disaster Suspense Fileservice volunteers in the event of a budget impasse. Urgency measure.

AB 102 Pacheco Support (Board Action: 3/11/03) Would amend the current Unfair Competition Law to curb private attorney Failed passage inabuse of filing suits that lack merit and provide relief from the frivolous Assembly Judiciary;lawsuits filed by trial attorneys against businesses in California. Reconsideration

granted

AB 120 Wyland Support (Board Action: 3/18/03) Would appropriate $1.1 million from Proposition 50 bond funds to address Assemblythe problem of Caulerpa taxifolia, an extremely evasive saltwater alga that is Environmental Safetya serious threat to the marine ecosystem. and Toxic Materials

AB 136 Kehoe Oppose (Board Memo: 3/4/03) NOW: Would provide an extended workers’ compensation leave to police Assemblyofficers and sheriffs as well as firefighters. Appropriations

Suspense FilePREVIOUSLY: Would have provided firefighters with a tax-free, two-yearleave of absence without loss of salary in lieu of temporary disability for awork-related injury. Existing law provides for a one-year tax tree leave ofabsence.

AB 185 Horton Support if Amended to provide Would require Los Angeles County to make temporary positions in the Senate Appropriationsfunding for the positions (Board Agricultural Commissioner,Weights and Measures Department Insect Suspense FileMemo: 6/23/03) Detection Program full-time, permanent positions.

h2003.04 - Updated: September 4, 2003

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SUBJECT STATUS

Would enact the Emergency Health Powers Act and would define thepowers of both State and local health authorities during a declared publichealth emergency. Would require the Governor to appoint a Public HealthEmergency Planning Commission to develop a Statewide emergency plan,and combines many of the existing powers of State and local health officersto control and prevent the spread of disease with existing emergencypowers of the Governor. It also grants the Governor the power to declare astate of public health emergency and confers broad powers on the Governorduring an emergency, such as the authority to suspend the provisions of anyregulatory statute prescribing procedures for State business and to use allavailable resources of the State and local governments.

Would: 1) exempt one vehicle as a resource for CaIWORKs and FoodStamps; 2) repeal the requirement of statewide fingerprint imaging todetermine eligibility for CaIWORKs and Food Stamps; 3) require eachcounty welfare department to provide transitional food stamp benefits for fivemonths to households terminated from the CaIWORK5 program; and 4)place in statute the existing regulation requiring county welfare departmentsto waive the face-to-face interview for hardship determinations for purposesof Food Stamp eligibility and permit the person to use an alternativeinterview method.

AB261 Maddox

AB 327 Runner

Support (Board Action: 2/25/03)

Support (Board Memo: 7/22/03)

Support (Board Action: 5/20/03)

Would allow the District Attorney the option to charge illegal pharmaceuticaldealers with either a misdemeanor or a felony (“wobbler”).

NOW: Would eliminate the increase in the minimum fine and, insteadauthorize a city of county to assess an additional penalty of $100 forviolating parking restrictions and require that the additional fine be appliedtoward offsetting the cost of establishing a disabled parking enforcementprogram.PREVIOUSLY: Would have increased the minimum fine from $250 to $500for improper use of disabled persons’ distinguishing license plates orplacards, or illegally parking in a stall or space designated for disabledpersons

-3-

AssemblyAppropriationsSuspense File

Senate Floor

BILL AUTHOR POSITION

AB 206 Richman Oppose (Board Memo: 5/20/03)

AB 231 Steinberg Oppose Unless Amended toremove the provision ending theuse of SFIS (Board Memo:3/20/03)

AssemblyAppropriationsSuspense File

Senate Floor

h2003-04 Updated: September 4, 2003

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SUBJECT STATUS

Would allow a psychologist, in addition to a psychiatrist, to release a patientfrom an involuntary commitment when the psychologist is responsible for thecontinued treatment of the patient, and when the decision to release isbased on their personal observation which would improve the quality of careby eliminating unnecessary time in commitment for patients whose conditionhas improved to the point where continued commitment is unwarranted.

Would amend the Welfare and Institutions Code’s Section definition ofescape from custody by a juvenile to include escape or attempted escapefrom a regional facility (defined as any facility used by one or more publicentities for the confinement of juveniles for more than 24 hours), a privatelyowned facility, or from a field trip site,

Would require the restructuring of the Children’s System of Care program toinclude children’s outcome measurements by requiring each county thatparticipates in the program to collect and annually provide to the StateDepartment of Mental Health information that demonstrates theeffectiveness of the program based on outcomes achieved for individualparticipants.

Would seek to ensure that no child be emancipated from the foster caresystem without a connection to a committed and caring adult by requiringsocial workers to make additional reports at various times throughout thedependency process regarding efforts to identify and maintain a child’srelationships with individuals who are important to the child. Would alsomake other changes to existing law, including establishing a “prudentparent” standard for foster caregivers in order to allow foster kids to engagein age-appropriate activities.

Would establish a burden of proof under workers’ compensation for injuries Assembly Insuranceto be classified as job-related. Individuals filing cumulative injury claimswould have to prove by a preponderance of evidence that the injury wassubstantially caused by actual employment activities.

Updated: September 4, 2003

BILL AUTHOR POSITION

AB 348 Chu Support and Amend to require aphysical check-up to determinethat the patient does not have amedical condition in addition to amental disorder (Board Action:4/22/03)

AB 355 Pacheco Support (Board Memo: 4/4/03)

AB 380 Steinberg Support (Board Memo: 4/1/03)

AB 408 Steinberg Support and Amend to resolveCounty concerns regardingpotential liability and a phasedapproach to implementation(Board Action: 5/13/03)

AB 431 Mountjoy Support (Board Memo: 3/4/03)

Chapter 94 of 2003

Governor’s Desk

Senate Floor

Senate AppropriationsSuspense File

h2003.04 -4-

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SUBJECT STATUS

Would make various changes to traffic violator school curriculum, authorizeschools to offer the curriculum on the internet, and shift responsibility formonitoring traffic schools from the Superior Court (Court) to the StateDepartment of Motor Vehicles (DMV), This measure would prohibit theDMV from contracting with any agency that has a contract with the courts toprovide in-court administrative services. The County of Los AngelesHousing Authority currently is under contract with the courts to provide in-court administrative services and receives $600,000 to monitor trafficviolator schools.

AB458 Chu

AB 490 Steinberg

AB 496 Correa

Support (Board Action: 7/8/03)

Support and Amend to seekprovisions to avoid it becomingan unfunded mandate (BoardMemo: 8/1/03)

Support (Board Action: 4/22/03)

Support if Amended to expandconservancy board to 15 votingmembers, to include a CountySupervisor and a representativefrom the San Gabriel ValleyCOG, and prohibit the SARCfrom entering into a joint powersauthority or other authority thathas the power to use eminentdomain (Board Action: 5/13/03)

Would provide that foster children (and persons providing care and servicesto foster children) have the right to fair and equal access to all availableservices, placement, care, treatment and benefits, and protection fromdiscrimination or harassment on the basis of actual or perceived race, ethnicgroup identification, ancestry, national origin, color, religion, sex, sexualorientation, gender identity, mental or physical disability, or HIV status. Alsorequires training on the expanded rights to be included within existingtraining for licensed foster parents, relative caregivers, group homeadministrators and licensing staff.

NOW: Was recently amended to strike language requiring the StateDepartment of Education and local educational agencies to provide,arrange, and pay for the child’s transportation. This measure is now silenton the issue of which agency/individuals will ultimately be held responsiblefor transportation costs.

PREVIOUSLY: Would have sought to ensure all students in foster care hadthe opportunity to meet the same academic achievement standards as otherstudents, and were placed in the least restrictive educational program withaccess to the same academic resources and services as other pupils.

Would establish the Santa Ana River Conservancy (SARC) to acquire anddirect the management of public lands in the Santa Ana River watershedwith a governing board of 13 voting members and nine non-voting members.The SARC would have the ability to acquire property but such purchasesmust be made from willing sellers, at fair market value, and must bemutually beneficial to the seller and SARC. The SARC and the State PublicWorks Board would be prohibited from exercising the power of eminentdomain for land acquisition.

Governor’s Desk

Senate Floor

Senate AppropriationsSuspense File

Updated: September 4, 2003

BILL AUTHOR POSITION

AB 435 Matthews Oppose Unless Amended toauthorize the Court to contract-out the monitoring of trafficviolator schools to the HousingAuthority or other organizations(Board Memo: 4/11/03)

AssemblyTransportation

h2OO3~O4 -5-

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BILL AUTHOR POSITION SUBJECT STATUS

AB 578 Leno Support (Board Memo: 8/18/03) Would create the Electronic Recording Delivery System Act of 2003 which Senate Judiciarywould authorize counties, upon approval of their Board of Supervisors andcertification by the Attorney General, to record: 1) real property documentsin the form of a “digitized electronic record”; and 2) an instrument ofreconveyance, a substitution of trustee, or an assignment of deed of trust inthe form of a “digital electronic record”. Would also create a pilot project toallow 12 counties (including Los Angeles) to record any real propertydocument through a digital electronic record. Urgency measure.

AB 749 Matthews Oppose (Board Memo: 5/9/03) Would repeal the requirement of statewide fingerprint imaging to determFne Assembly Humaneligibility for CaIWORKs and Food Stamps. Services

AB 834 LaSuer Oppose (Board Action: 4/22/03) Would change State law to require police agencies to destroy after a five- Failed passage inyear retention period, complaints and reports or findings relating to Assembly Public Safetycomplaints, as recommended by the Sheriff and Office of Independent ReconsiderationReview, granted

AB 936 Reyes Support (Board Memo: 6/10/03) NOW: Was amended to delete the language creating the crime of baby Governor’s Deskstalking, and instead creates a new crime of trespass related to stalking,which will occur when a defendant knowingly enters or remains in aneonatal unit, maternity ward, or birthing center located in a hospital or clinicwithout lawful business to pursue. This measure is co-joined with AB 1263(Benoit) and SB 993 (Poochigian).

Support (Board Action: 4/1/03) PREVIOUSLY: Would have amended the Penal Code to include protectionsagainst “baby stalking”, which was defined as any person who loiters,prowls, or wanders about, and refuses to leave, or fails to leave a neonatalunit, maternity ward, or birthing center located in a hospital or clinic whenrequested to leave by authorized personnel.

AB 946 Berg Support (Board Memo: 7/7/03) Would repeal the requirement that a city or county authorize its needle Assemblyexchange program through a declaration of a local emergency and instead (Concurrence inauthorize clean needle and syringe exchange programs upon the action of a Senate Amendments)county board of supervisors, and the local health officer or healthcommission, or upon the action of a city council, the mayor, and the localhealth officer.

h2003-04 - 6 - Updated: September 4, 2003

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SUBJECT STATUS

NOW: Was amended to state legislative intent to improve the workers’ Conference Committeecompensation system by promoting the efficient delivery of high-qualityappropriate medical care.

PREVIOUSLY: Would have created a job-related presumption for workers’compensation or disability retirement for an injury or death as a result of avaccination or medication given to prevent infection from a biochemicalsubstance.

AB 1051 Goldberg

AB1141 Diaz

AB 1151 Dymally

AB1153 Bermudez

Oppose Unless Amended toprovide that it has no retroactiveeffect and keep intact theexisting “nondiscriminatory”requirement relating to capitalfacility fees (Board Memo:5/15/03)

Oppose (Board Memo: 5/30/03)

No Position

Oppose (Board Memo: 4/28/03)

County-Sponsored

Would eliminate the “nondiscriminatory” rate requirement with regards to“capital facility fees”. Existing law provides that capital facility fees chargedto public agencies (such as the County) by public utilities such as the LosAngeles Department of Water and Power (LADWP) must benondiscriminatory, which means that LADWP is only allowed to charge theCounty its pro-rata share of LADWP capital costs, based on the County’spower usage. This measure would relieve LADWF of its current legal dutynot to charge the County in excess of the County’s pro-rata share of LADWPcapital costs.

Would amend the Meyers-Milias-Brown Act relating to employee-employerrelations and agency shop agreements to allow confidential and supervisoryemployees to be included in an agency shop.

NOW: Was amended to declare legislative intent that nothing in the Terre/IR, decision shall be held to change the standards of liability and immunityfor injuries to children in protective custody that existed prior to that decision.

PREVIOUSLY: Would have made several changes to existing lawregarding county and social worker liability, including, but not limited tooverturning the decision of Terre/I R. v. County of Los Angeles (2002).Existing law immunizes counties and their social workers from liability fordiscretionary placement decisions. In Terre/I R, the court held that theCounty and social worker were not civilly liable for injuries occurring to achild while in foster care,

Would criminalize the unlawful or unauthorized use, manufacture or sale ofany official State, county, city, city and county or agency badge and/orassociated photographic identification cards with two exceptions: 1) the useof a badge in a fictitious or historical depiction of a public officer oremployee; and 3) a badge supplied by a recognized employee organizationthat represents firefighters. Urgency measure.

Senate Floor

Governor’s Desk

Senate Floor

Assembly(Concurrence inSenate Amendments)

Updated: September 4, 2003

BILL AUTHOR POSITION

AB 968 Correa No Position

Oppose (Board Memo: 4/4/03)

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Support and Amend to eliminatethe sunset date and to requiredisclosure of the work andresidential addresses of serious,or high-risk sex offenders (BoardMemo: 7/22/03)

STATUS

Senate Appropriations

Suspense File

Senate AppropriationsSuspense File

AB 1320 Dutra

AB 1324 Steinberg

AB 1405 Wolk

Oppose (Board Memo: 4/11/03)

Oppose (Board Memo: 4/4/03)

Support (Board Memo: 7/9/03)

Support (Board Memo: 4/16/03)

Would change redevelopment law relating to transit villages by: 1) allowinglocal governments to amend existing redevelopment projects or establishnew Transit Village Redevelopment Plans (TVRP) centered on a rail transitstation, extending up to one-half mile from the rail station; 2) makingaffordable housing a “characteristic” to be addressed by a TVRP; 3) creatingnew “blight” criteria for TVRP projects; and 4) extending the tax incrementbenefit to 60 years and exempt or cap TVRP’s obligation to pass-through ashare of tax growth to cities and counties.

Would provide medical benefits under workers’ compensation fordependentsof law enforcement or firefighting employees who contract ablood borne disease from exposure to the employee. If the dependentelects to receive workers’ compensation benefits, they forfeit their rights tofile any civil claims.

NOW: Would encourage the California Environmental Protection Agencyand the Resources Agency to provide assistance and grants to those whochoose to participate in watershed enhancement and restoration.

PREVIOUSLY: Would have enacted the California Watershed Protectionand Restoration Act and declared the policy of the State to endorsevoluntary local, collaborative watershed partnerships as being in the State’sinterest in terms of effectiveness, citizen involvement and communityresponsibility.

Assembly Housingand CommunityDevelopment

Conference Committee

Assembly(Concurrence inSenate Amendments)

BILL AUTHOR

AB 1154 Frommer

AB1314 Parra

POSITION

Support (Board Memo: 5/28/03)

SUBJECT

Wouid exempt the Office of Statewide Health Planning and Development(OSHPD) positions, which affect timely review of hospital construction plans,from any State hiring freezes and curtailments, and authorizes OSHPD toincrease staffing financed by the Hospital Building Fund. Urgency measure.

Would extend the provisions of Megan’s Law, which requires adult andjuvenile sex offenders to register with local law enforcement agencies andmakes it a felony to willfully fail to register, from January 1, 2004, to January1, 2007. The law also authorizes a law enforcement agency to notifycitizens if a child or other person, that the offender is likely to encounter,may be at risk from serious or high-risk sex offenders and requires the StateDepartment of Justice to operate a 900 telephone number that the publicmay call to inquire whether a named individual is listed as a registered sexoffender.

h2003-04 -8 Updated: September 4, 2003

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BILL AUTHOR POSITION SUBJECT STATUS

AB 1432 Firebaugh Support (Board Action: 6/3/03) Would eliminate provisions of California law which bar California prosecution Assemblybased on foreign convictions or acquittals, but at the same time, would Appropriationsprovide credit for actual time served in a foreign country for the same crime. Suspense File

AB 1469 Negrete- County-Sponsored Would authorize the court to grant a continuance not to exceed ten days if a Senate FloorMcLeod report is not provided to the parties within a reasonable time before the

dependency hearing.

AB 1470 Vargas Oppose (Board Memo: 3/12/03) Would eliminate the Board of Supervisors authority to increase wages and Senate Appropriationsbenefits for In-Home Supportive Services (IHSS) workers by authorizing an Suspense Fileincrease in IHSS wages and benefits by voter initiative. Certain criteria mustbe met before the initiative can be placed on the ballot, including: 1) arequirement that the employer of record and the employee organizationhave reached an impasse and that impasse procedures have beenexhausted; and 2) the appointment of a fact finder to determine the amountof county funds available, outside of realignment accounts, to pay for theproposed wage increase.

AB 1479 Chu Support (Board Memo: 7/9/03) Would delete the Department of Motor Vehicles exclusive control over the Assemblymonitoring of the traffic violator school (TVS) program and continue the (Concurrence incourts’ control over the monitoring of the TVS program. Under current law, Senate Amendments)the courts are responsible for monitoring the TVS program have contractedwith the Los Angeles Housing Authority to monitor certain TVS programs.

AB 1480 Richman Support (Board Memo: 4/25/03) Would make significant changes in workers’ compensation law, including Assembly Insurancerequiring an applicant for employment, upon the request of an employer, todisclose whether he or she has been convicted of committing any workers’compensation fraud or been convicted of violating other specified unlawfulacts relating to fraud.

AB 1481 Richman Support (Board Memo: 4/4/03) Would require that all reports and medical exams submitted to the State Assembly InsuranceWorkers’ Compensation Appeals Board to determine employee disability orcompensation awards address the percentage that the work-related illness,disease or injury contributed to the employee’s disability or death andprovide that permanent disability or death benefits are not payable unlessthe work-related injury contributed at least 10 percent to the cause ordisability when compared to all other causes in total,

h2003-04 - 9 - Updated: September 4, 2003

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BILL AUTHOR POSITION SUBJECT STATUS

AB 1482 Richman Support (Board Memo: 4/4/03) Would require that the Administrative Director of the State Department of Assembly InsuranceLabor, Workers’ Compensation Division, include outpatient surgery facilitiesand emergency rooms in the official fee schedule by January 1, 2005 andrequires that all medical services provided to the injured worker from thedate of injury be subject to the official fee schedule regardless of when theinjury is accepted as being work related. The workers’ compensation feeschedule is tied to the Medicare schedule.

AB 1483 Richman No Position NOW: Was amended to state legislative intent to improve the workers’ Conference Committeecompensation system by promoting the efficient delivery of high-qualityappropriate medical care.

Support (Board Memo: 4/23/03) PREVIOUSLY: Would have required the State to develop an annual trainingprogram for claims representatives and disability evaluators.

Support (Board Memo: 4/4/03) INITIALLY: Would have established a mandatory certification program for

all physicians that treat or evaluate workers’ compensation claims and wouldhave been effective starting January 1, 2006.

AB 1531 Longville Support (Board Memo: 8/28/03) NOW: Was amended to require the State to pay expenses incurred by local Senate Desk

elections official for the October 7, 2003 special recall election.Oppose (Board Memo: 4/1/03) PREVIOUSLY: Would have revised existing primary election laws to require

three elections, two primaries and one general, in presidential electionyears.

AB 1579 Cogdill, No Position NOW: Was amended to state legislative intent to improve the workers’ Conference CommitteeRichman compensation system by promoting the efficient delivery of high-quality

appropriate medical care,

Support (Board Memo: 5/14/03) PREVIOUSLY: Would have extended prohibitions on physician referrals inworkers’ compensation cases to self or family owned outpatient surgical

services and suppliers.

AB 1597 Runner County-Sponsored Would establish a new licensing category, known as the multi-service Assembly Healthambulatory care center (MACC) that would be administered by the StateDepartment of Health Services (DHS). Urgency measure. However, this billis no longer necessary because County DHS has reached an administrativeagreement with the State DHS to license the MACC.

ti2OO3~O4 - 10 - Updated: September 4, 2003

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Support (Board Action: 4/29/03) Would allow an individual who is 17 years old and will be 18 years old by thedate of the next general election, to register and vote in any interveningprimary or special election.

Support (Board Memo: 7/3/03) Would require the blood of a pregnant woman that is currently drawn to testfor blood type and hepatitis B to also be tested for the human immuno-deficiency virus (HIV), unless the woman refuses.

Support (Board Action: 8/12/03) Would require child day care facilities to post copies of licensing reports,including reports from annual site visits and reports of substantiatedcomplaints against the facility in a conspicuous place in order to provideparents with necessary information regarding the well-being of their children.

NOW: Was amended to re-instate County-oppose provisions which wouldauthorize a local personal income tax to benefit public safety, including localemergency and trauma care.

No Position PREVIOUSLY: Was amended to become an intent bill to examine allowinglocal governments to impose an income tax.

INITIALLY: Would have authorized a city or county to form a “public safetyfinance agency” to finance supplemental fire protection, police or sheriffservices and/or capital improvements, and further authorized a localgovernment that does so to levy a local income tax for general purposes,subject to approval by a majority of voters. Would have designated thegoverning body of a city, county, or city and county that forms a public safetyfinance agency as the governing body of the public safety finance agency.

Would reinstate a mechanism temporarily used during the 1990’s to restorebase realignment funding for the caseload-driven portion of the SocialServices Account in any year following a year in which revenues are notsufficient to fully fund the base, resulting in a permanent reduction in thebase. Would allow for a one-time supplement of the base and would expireafter the base is restored.

Updated: September 4, 2003

E3~LL AUTHOR POSITION SUBJECT

Support and Amend to requirerail companies to report suchevents first to the Sheriff or localpolice as appropriate, and thento the OES (Board Memo:8/1/03)

Would address the responsibilities of rail companies and local authoritiesduring emergency situations where there is a runaway train or derailment, orif a derailment appears to be imminent, by requiring the all rail companies inCalifornia to develop a protocol for rapid communication with the Office ofEmergency Services (OES) and any county sheriff’s department in anendangered area,

AB 1608 Liu

AB 1618 Firebaugh

AB 1676 Dutra

AB 1683 Pavley

AB 1690 Leno

AB 1716 HumanServicesCommittee

Oppose (Board Memo: 8/20/03)

STATUS

Assembly Elections,Redistricting andConstitutionalAmendments

Senate Appropriations

Senate Floor

Governor’s Desk

Senate Appropriations

Assembly(Concurrence inSenate Amendments)

Oppose (Board Action: 6/24/03)

Support (Board Memo: 6/13/03)

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SUBJECT STATUS

Would lower the hot holding temperature requirement for the retail food Governor’s Deskindustry from 140 degrees F to 135 degrees F.Would provide that the State budget and any related legislation may beapproved by a majority vote instead of a two-thirds vote and requireslegislators to forfeit their pay until the budget is passed. The County doesnot have a position of the provision of ACA 1 that requires legislators toforfeit their pay until the budget is passed.

Would declare February 19, 2003 as a Day of Remembrance to increasepublic awareness of the events surrounding the internment of JapaneseAmericans during WWII and would encourage the annual observance of thisday in subsequent years.

Would prohibit banks, insurance companies and other financial businesses Chapter 241 of 2003from providing personal information about customers such as salary, bankaccount transaction, credit card information and purchases, to telemarketingand other third parties.

Would create the Health Insurance Act of 2003 and declare the intent of the Conference CommitteeLegislature to ensure health care coverage for all working Californians andtheir families.

Would make it a crime to send unsolicited commercial emails from Californiaor to any email address in the State and allow individuals the right to suespammers for up to $500 per violation.

Would create a procedure in the California Environmental Quality Act for theNative American Heritage Commission to determine whether a proposedproject may adversely change a traditional tribal cultural site and torecommend project changes and mitigation measures to avoid or reduce theimpact of adverse changes.

Would require various State agencies to establish guidelines forimplementing Proposition 50, the Water Security, Clean Drinking Water,Coastal and Beach Protection Act of 2002, including requiring the guidelinesto provide for an open, transparent competitive grant process, with projectsevaluated solely on the basis of merit and need.

Updated: September 4, 2003

BILL AUTHOR POSITION

AB 1738 Assembly Support (Board Memo: 4/25/03)Health

ACA 1 Longville Support only the provision of thebill that provides the budget andany related legislation may bepassed by majority vote (BoardAction: 2/11/03)

ACR 14 Nakano Support (Board Action: 2/18/03)

SB I Speier Support (Board Action: 2/25/03)

SB 2 Burton,Speier

Support (Board Action: 4/29/03)

SB 12 Bowen Support (Board Action: 3/4/03)

SB 18 Burton Oppose (Board Memo: 8/27/03)

SB 21 Machado Support (Board Memo: 5/15/03)

Assembly Budget

Resolution Chapter 5of 2003

Assembly Businessand Professions

Assembly Floor

Senate AppropriationsSuspense File

h2003.04 -12-

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BILL AUTHOR POSITION SUBJECT STATUS

SB 24 Figueroa Support (Board Memo: 5/15/03) Would simplify Medi-Cal enrollment procedures for pregnant women and Assembly Floorinfants under the age of 1 by: 1) creating electronic enrollment processes forpregnant women and hospital newborns and deeming newborns born tomothers on Medi-cal eligible themselves for Medi-Cal for their first year oflife; 2) requiring the State Department of Health Services (DHS) to permithospitals to enroll these “deemed eligible” infants, if federal and privatefunds are available; 3) requiring DHS to permit the enrollment in Medi-Cal ofpregnant women, if federal and private funds are available; and 4) requiring

- the simplification of its enrollment form for pregnant women. Would alsolimit the cost to the State of these Gateway modifications to $196,000.

SB 40 Alpert Support (Board Memo: 3/4/03) Would enact the California Reading and Literacy Improvement and Public Senate AppropriationsLibrary Construction and Renovation Bond Act of 2004 for submission to the Suspense Filevoters at the 2004 direct primary election, It would authorize issuance of $2billion in State general obligation bonds to finance library construction andrenovation.

SB 50 Sher Support (Board Action: 2/11/03) Would enact legislation containing a comprehensive statutory framework Senate Deskthat would ensure that provisions similar to those in the California SafeDrinking Water Act apply to each water bottler, water vendor, water haulerand retail water facility.

SB 59 Escutia Support (Board Action: 2/11/03) Would establish a writ procedure for the review of all placement orders Chapter 247 of 2003and County-Sponsored affecting the adoption of children which would shorten the amount of time on

adoption appeals.

SB 64 Speier Support (Board Action: 3/4/03) Would protect homeowners from unfair methods of competition and Assembly Insurancedeceptive acts in the business of insurance canceling, refusing to renew, orrefusing to make an offer of a policy in violation of specified provisions, andwould prohibit any insurance institution or agent from refusing to offer orrefuse to renew coverage on a property, because of any inquiry about policycoverage or because of a notification of a loss by the insured to an insurer,when that notification is not intended by the insured to be a claim under thepolicy.

SB 108 Romero Support (Board Memo: 2/5/03) Would establish a five-cent fee per alcoholic beverage distributed by a Senate Deskand Board Action: 2/11/03) wholesaler to a retailer for consumption in the State of California to fund

local emergency medical services providers.

h2OO3~O4 - 13 - Updated: September 4, 2003

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SUBJECT STATUS

Would add county welfare fraud investigators and inspectors and coronersand deputy coroners in Los Angeles County to the list of those eligible forpublic safety workers’ compensation disability benefits, thereby exposingcounties to additional costs because existing law entitles welfare fraudinvestigators to temporary disability payments at two-thirds of their salarywhile this measure provides a tax-free, full salary to these employees.

Would improve the “Safe Haven Law” by: 1) protecting the confidentiality ofa parent who surrenders a child; 2) requiring safe haven sites to postuniform signage; 3) expanding the definition of a safe haven site to includeany location designated by a board of supervisors; 4) require a safe havensite to notify child protective services (cps) as soon as possible after aninfant is surrendered; 5) requiring cps to report information regarding thechild to the California Missing Children Clearinghouse and National CrimeInformation Center; and 6) clarify that possession of the ankle braceletidentification does not establish parentage or a right to custody of the child.

Would prohibit the initiating, sending, or advertising of unsolicitedcommercial e-mail and authorize a recipient, internet service provider, or theAttorney General to recover actual damages as well as liquidated damagesof $1,000 per e-mail and $1 million per incident. This measure definesunsolicited e-mails as instances where the recipient has not provided directconsent, and situations whereby a recipient does not have a “pre-existing orcurrent business relationship”.

Would require that persons appointed to fill the seats on the Regional WaterQuality Control Board (RWQCB) be a city council member or mayor, and acounty supervisor, respectively, The current requirement is simply that therespective appointees be “associated” with municipal government andcounty government.

NOW: Was amended to state legislative intent to improve the workers’ Conference Committeecompensation system by promoting the efficient delivery of high-qualityappropriate medical care.

PREVIOUSLY: Would have extended the requirement to dispense genericdrugs to individuals whose injuries are covered by workers’ compensation tohospitals, clinics, and physicians.

BILL AUTHOR POSITION

SB 125 Chesbro

SB 139 Brulte

SB 186 Murray

SB 196 Kuehl

SB 223 Margett

Oppose (Board Memo: 3/13/03)

County-Sponsored

Support (Board Memo: 7/17/03)

Support if Amended to providean exemption from the conflict ofinterest clause in Section 1 3385of the Water Code (BoardMemo: 5/27/03)

No Position

Support (Board Memo: 4/4/03)

Assembly Floor

Chapter 150 of 2003

Assembly Floor

Governor’s Desk

h2003-04 -14- Updated: September 4, 2003

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SUBJECT STATUS

NOW: Was amended to state legislative intent to improve the workers’ Conference Committeecompensation system by promoting the efficient delivery of high-qualityappropriate medical care.

PREVIOUSLY: Would have prohibited fees for workers’ compensationmedical services from exceeding 120 percent of the Medicare fee schedulefor all medical services, including outpatient surgical services andpharmaceutical services and reduced the 90 day presumption ofcompensability to 60 days.

NOW: Was amended to state legislative intent to improve the workers’ Conference Committeecompensation system by promoting the efficient delivery of high-qualityappropriate medical care.

PREVIOUSLY: Would have: 1) increased the maximum fine for violation offraud provisions of workers compensation law and/or the insurance codefrom $50,000 to $100,000, 2) limited chiropractic care to no more than 15one-hour visits unless the employee receives authorization from a medicaldoctor; 3) prohibited physician referrals to surgical outpatient centers wherethe physician or his/her family has a financial interest; and 4) required theState to develop medical utilization guidelines for use in the workers’compensation system and to establish an independent medical reviewprocess.

SB 358 Figueroa

SB 365 Johnson

SB 418 Sher

Support (Board Memo: 7/22/03)

Support (Board Memo: 3/14/03)

Oppose (Board Memo: 8/28/03)

Would create the Vocational Nurse Education Program to providescholarships, educational loans, and loan repayment programs forvocational nursing students who agree in writing prior to completion ofschool to serve in a county health facility, state-operated health facility, orhealth manpower shortage area. The program would be funded by a $5license renewal assessment for vocational nurses. The bill would alsoincrease the license renewal assessment for registered nurses from $5 to$10 to fund a similar existing program for registered nursing students.

Would amend workers’ compensation law to require that employment mustbe the predominant cause of injury, as compared to all other causescombined, in determining eligibility for benefits and would preclude benefitsfor an injury that is caused by a criminal act committed by the employee forwhich he or she has been convicted.

Would repeal and replace existing law regarding the process by which anagency obtains an agreement from the State Department of Fish and Gamefor the alteration of a streambed.

Assembly Floor

Failed Passage inSenate Labor andIndustrial Relations;Reconsiderationgranted

Assembly Floor

BILL AUTHOR POSITION

SB 228 Alarcon No Position

Support if Amended to retain theexisting 90-day time frame fordetermining employee liability(Board Memo: 5/I 6/03)

SB 354 Speier No Position

Support (Board Memo: 5/16/03)

h2003-04 -15- Updated: September 4, 2003

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SUBJECT STATUS

Would revise existing primary election laws to mandate that the Statewidedirect primary election be held on different days than the presidentialprimary elections, and require the Statewide direct primary election to beheld the first Tuesday after the first Monday in September of each even-numbered year instead of the first Tuesday in March n each even-numbered year, beginning in 2008.

Would provide that if certain public safety employee organizations request Governor’s Deskbinding arbitration on economic issues when they are at impasse with anemploying local government, the decision of the arbitrator is final, unless it isoverturned by the unanimous decision of the local governing body.

NOW: Was amended to express legislative intent to have the State Division Conference Committeeof Workers’ Compensation review current provisions of law regardingpenalizing and deterring unreasonable late and denied benefit payments.

PREVIOUSLY: Would have amended workers’ compensation law byrequiring an employer to voluntarily rectify the delay or refusal to pay aworkers’ compensation payment within 20 days or face a 25 percentpenalty. This measure would have also established a one year statute oflimitation from the date of delay or refusal for a penalty claim to be filed.Existing law provides for a 10 percent penalty for unreasonably delay orrefusal to pay workers’ compensation and applies to all past, present andfuture payments despite the fact that past payments have been made ontime.

Would amend existing redevelopment law to: 1) aflow local governments toestablish new Transit Village Redevelopment Plans (TVRP) centered on arail transit station, and extending up to one-half mile from the rail station; 2)make affordable housing a “characteristic” to be addressed by a TVRP; 3)create new “blight” criteria for TVRP projects; and 4) extend the taxincrement benefit to 60 years.

Would authorize a school district to use its allowance from the InstructionalMaterials Funding Realignment Program to purchase instructional materialsfor the visual and performing arts, foreign language, and health, if it certifiesthat it has provided each pupil with standard text books or basic instructionalmaterials in reading/language arts, mathematics, history/social science andscience,

Updated: September 4, 2003

Assembly Floor

BILL AUTHOR POSITION

SB 430 Johnson Oppose (Board Memo: 4/1/03)

SB 440 Burton Oppose (Board Memo: 7/7/03)

SB 457 McPherson No Position

Support if Amended to indicateclearly that the 25% penaltyapplies only to the payment thatwas actually or unreasonablydelayed or refused, rather thanon all past, present and futurepayments (Board Memo:4/21/03)

SB 465 Soto Oppose (Board Memo: 4/1/03)

SB 469 Scott Support (Board Memo: 3/13/03)

Is

Senate Appropriatior

Suspense File

Assembly Floor

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BILL AUTHOR POSITION SUBJECT STATUS

SB 537 Romero No Position NOW: Was recently amended to require the Los Angeles County Sanitation Senate Desk

Districts to prepare a report by July 1, 2004.

Oppose (Board Action: 5/13/03) PREVIOUSLY: Would have prohibited the County from permitting thePuente Hills Materials Recovery Facility (PHMRF) to exceed the current limitof 4,000 tons per day of waste recycling by more than five percent.

SB 593 Ackerman Oppose (Board Memo: 4/30/03) NOW: Still does the same, but was amended to: 1) change the starting date Senate Appropriationsfor implementation of the bill from FY 2004-05 to FY 2005-06; 2) change the Suspense Filemethod in which commercial aircraft would be valued that is counter to thecodified settlement agreement between airline companies and countiesregarding the valuation of commercial aircraft; and 3) use funding from theexisting State-County Property Tax Administration Grant Program to providethe BOE with revenues to administer provisions of the bill.

Oppose (Board Memo: 3/28/03) PREVIOUSLY: Would have shifted responsibility for the assessment ofpersonal property owned by commercial air operators from the CountyAssessor to the State Board of Equalization beginning in Fiscal Year 2004-05 which could have resulted in inaccurate assessments that would reduceCounty revenues.

SB 629 Soto Oppose (Board Memo: 3/13/03) Would provide a presumption of job-relatedness to licensed health care Senate Appropriationsprofessionals who develop a blood-borne infectious disease, thereby Suspense Fileentitling them to receive workers’ compensation or disability retirementbenefits if they contract a blood-related or infectious disease.

SB 663 Speier Support (Board Memo: 6/18/03) NOW: Still does the same but was amended to address County concerns. AssemblyAppropriations

Support if Amended to allow a PREVIOUSLY: Would have required the tax collector, with regards to tax- Suspense Filesale to be delayed for a period defaulted property subject to sale, to: 1) make an additional attempt tonot to exceed four years (Board contact the owner-occupant in person or by telephone no less than 10 daysMemo: 5/14/03) prior to the date of sale if the home is subject to a homeowner’s exemption

and the first attempt to contact the owner-occupant is unsuccessful; and 2)remove the property from the sale if contact is not made after this additionalattempt,and prohibit the property from being offered for sale until personalcontact is made or the homeowner’s exemption is removed.

h2003.04 - 17 - Updated: September 4, 2003

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BILL AUTHOR POSITION SUBJECT STATUS

SB 714 Battin Support (Board Memo: 4/23/03) NOW: Was amended to delete the 10 percent cause threshold and retain Failed Passage inthe current law that stipulates that benefits be paid even if the current injury Senate Labor andrepresents as little as 1 percent of the cause but still apportions a disability Industrial Relations;to non-work related causes, Reconsideration

Support (Board Memo: 4/4/03) PREVIOUSLY: Would have required that all reports and medical exams granted

submitted to the State Workers’ Compensation Appeals Board to determineemployee disability or compensation awards address the percentage thatthe work-related illness, disease or injury contributed to the employee’sdisability or death and provide that permanent disability or death benefits arenot payable unless the work-related injury contributed at least 10 percent tothe cause or disability when compared to all other causes in total.

SB 726 Romero County-Sponsored Would authorize a county board of supervisors to place on the ballot a local Senate Revenuealcohol tax on the sale of beer, wine and distilled spirits when they are sold and Taxationfor on-site consumption.

SB 757 Poochigian No Position NOW: Was amended to state legislative intent to improve the workers’ Conference Committeecompensation system by promoting the efficient delivery of high-qualityappropriate medical care.

Support (Board Memo: 6/23/03) PREVIOUSLY: Would have required the implementation of medical

treatment utilization guidelines and protocols for use in the workers’compensation system. The utilization guidelines and protocols would havebeen based on standards used in other medical benefit systems asrecommended by the State Commission on Health, Safety and Workers’Compensation.

SB 867 Burton Oppose (Board Memo: 4/4/03) Would add acupuncturist to the definition of physician for purposes of Senate Labor andappointment as a Qualified Medical Evaluator in the workers’ compensation Industrial Relationssystem.

SB 892 Murray Support (Board Action: 6/24/03) Would require every public school, as a condition of receipt of Assembly Floorapportionments from the State School Fund, to keep restroom facilities openat all times during school hours and to ensure that they are regularlymaintained, cleaned, fully operational, and stocked with soap and papersupplies.

h2OO3~O4 - 18 - Updated: September 4, 2003

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BILL AUTHOR POSITION SUBJECT STATUS

SB 899 Poochigan No Position NOW: Was amended to state legislative intent to improve the workers’ Conference Committeecompensation system by promoting the efficient delivery of high-qualityappropriate medical care.

Support (Board Memo: 6/I 0/03) PREVIOUSLY: Would have prohibited a physician from referring a personwith a workers’ compensation case to outpatient surgery facilities where thephysician or his or her family has a financial interest.

SB 919 Ortiz Support (Board Action: 6/10/03) Would add code enforcement officers, which includes any person who has Governor’s Deskenforcement authority for health, safety, and welfare requirements, to the listof specified officers or other persons protected under the Penal Code, andprovides expansion of the protection statute if a person commits assault orbattery against a code enforcement officer such as the County’sEnvironmental Health Specialists.

SB 921 Kuehl Support (Board Action: 4/29/03) Would declare the intent of the Legislature to implement a single payer Assembly Healthuniversal health care system in California,

SB 957 McC$intock Support (Board Action: 4/22/03) Would define a transportation gridlock emergency as a condition that Failed Passage inrequires extraordinary State action to relieve traffic congestion that presents Senate Transportation;a severe threat to the safety and economic well-being of any region. This Reconsiderationmeasure authorizes the Governor to declare a state of emergency when any grantedhighway has an average daily vehicle delay that exceeds 3,000 vehiclehours per day and would require the California Department of Transportationto determine the average daily vehicle hours of delay for each highway inthe State, rank each highway based on the average delay, and prepare anannual report to the Governor and Legislature.

SB 976 Ducheny Support (Board Memo: 8/28/03) Would amend the Budget Act of 2002 by reverting $5,713,000 from the Assembly FloorHarbors and Watercraft Fund to the Public Beach Restoration Fund andauthorize the transfer of the moneys for expenditure pursuant to theCalifornia Public Beach Restoration Act.

SCR 5 Scott Support (Board Memo: 3/13/03) Would declare the Legislature’s acknowledgment and support of standards- Governor’s Deskbased instruction in the visual and performing arts in all California publicschools, pre-kindergarten through grade 12.

SJR 6 Soto Support (Board Memo: 3/14/03) Would call upon the Congress of the United States to provide additional Assembly Floorfunding to the states for first responder training as part of homeland securityfunding.

h2003.04 - 19 - Updated: September 4, 2003

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BILL AUTHOR POSITION SUBJECT STATUS

SJR 7 Karnette Support (Board Memo: 5/7/03) Would request the President and Congress to maintain the present Federal Resolution Chapterrestrictions on truck lengths and weights included in the Transportation 103 of 2003Equity Act for the 21~Century (TEA-2l), and resist any changes insubsequent legislation.

SR 23 Murray Support (Board Action: 6/24/03) Would call upon the United States Navy and Department of Transportation Senate Deskto preserve a national aviation asset by approving the City of Los Angeles’soffer to lease the El Toro marine base and operate the facility as a civilianpassenger and cargo airport.

h2OO3~O4 - 20 - Updated: September 4, 2003

Page 27: County of Los Angeles CHIEF ADMINISTRATIVE OFFICEfile.lacounty.gov/SDSInter/bos/bc/011230_090503StateLU_MS_DS.pdf · SB 130 (Chesbro), as amended Legislature to achieve a reduction

COUNTY OF LOS ANGELES CHIEF ADMINISTRATIVE OFFICESTATUS OF BILLS OF INTEREST TO THE COUNTY

2003-04FIRST SPECIAL LEGISLATIVE SESSION ON BUDGETAdjourned on _______, 2003

No Position but support theprovisions of SB 1X whichsuspend Chapter 938 of 2001and Chapter 6 of 2002 (BoardAction: 4/1/03)

Support (Board Memo: 1/29/03)

Would amend current law to clarify that the Director of Finance isresponsible for implementing the trigger” provision in existing law thatrestores the Vehicle License Fee (VLF) rate in the event that the StateGeneral Fund is insufficient to finance “backfill” payments to localgovernments.

Would suspend various statutes related to overtime, prevailing wages,workers’ compensation benefit increases, labor standards, and payment ofworkers’ compensation premiums by temporary agencies until aproclamation by the Governor is issued declaring that the Californiaeconomy has fully recovered from the current economic recession. Urgency

Would establish a five-cent fee per alcoholic beverage distributed by awholesaler to a retailer for consumption in the State of California to fundlocal emergency medical services providers. Those providers includeemergency rooms, trauma centers, and emergency medical professionalsand other entities which provide services in alcohol-related emergencies.

Senate Labor andIndustrial Relations

are bills we have pursued in Sacramento pursuant to Board actions or as reported in bill policy memoranda.

!llkh AUTHOR POSITION SUBJECTAB 4X Wesson Support (Board Memo: 1/23/03

and Board Action: 1/28/03)

SB 1X

SB 5X

Poochigian

R om ero

STATUSDied at Assembly Desk

measure

Senate Desk

h2003•-04 —1— Updated: September 4, 2003