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State Legislation Committee - May 14, 2014 - Meeting Minutes

State Legislation Committee - May 14, 2014

MINUTES - STATE LEGISLATION COMMITTEE
Wednesday, May 14, 2014
11:00am – 1pm
City Hall, Room 201

 

MEMBERS:
Mayor’s Office (Chair) – Jason Elliott (Tamsen Drew)
Supervisor Chiu – Judson True
Supervisor Farrell – Jess Montejano
City Attorney’s Office – MaryJane Winslow
Treasurer’s Office – Greg Kato
Assessor’s Office – Trisha Prashad (Edward McCaffrey)
Controller’s Office – Michelle Allersma (Drew Murrell/James Whitaker)

 

AGENDA

I. ROLL CALL

 

Elliott, True, Montejano, Winslow, Kato, Prashad, Whitaker Present.

 

II. APPROVAL OF MINUTES FROM 4-9-2014 (Action Item)

 

No Public Comment

Motion to Support: Montejano

Seconded by: Kato

Approved: 6-0; True Absent

 

III. PRESENTATION ON STATE LEGISLATION COMMITTEE PRIORITY BILLS. (Discussion and Action)

Discussion and possible action item: update on the current status of bills the Committee has previously taken a position on.

 

No action taken.

 

IIV. PROPOSED LEGISLATION (Discussion and Action)

Discussion and possible action item: the Committee will review and discuss state legislation affecting the City and County of San Francisco. Items are listed by Department, then by bill number.

 

MAYOR

 

No Public Comment a-b.

Public comment on item c: John Bowers, Housing California: Sponsor of AB 1733, requests the Committee’s support.

Motion to Support items a-c: Montejano

Seconded by: Kato

Approved: 6-0; True Absent

 

  1. AB 2175 (Ting): Renter’s Tax Assistance Act

Recommended Position: Support

This bill would enact the Renter’s Tax Assistance Program, which would provide tax rebates to low-income renters. The amounts of assistance would vary, based on household income, beginning with a baseline of $250 per year, but with a maximum of less than $348 per year.

 

  1. AB 2328 (John A. Perez): California Service Corps

Recommended Position: Support

This bill establishes the California Service Corps (CSC) to be administered by California Volunteers in the Governor's Office and operate similarly to AmeriCorps. The bill requires an application process and establishes eligibility criteria members based on the existing qualifications for AmeriCorps and additional qualifications seeking California residents with outstanding student loan debt.

 

  1. AB 1733 (Quirk-Silva): Public Records: Fee Waiver

Recommended Position: Support

This bill will allow a person experiencing homelessness to submit an affidavit of homelessness and financial need with an application for vital records or a state-issued photo identification card.

 

 

DEPARTMENT OF PUBLIC HEALTH

 

No Public Comment

Motion to Support items a-c, and e; Take no position on item d: Whitaker

Seconded by: Kato

Approved: 7-0

 

  1. AB 1535 (Bloom): Pharmacists: Naloxone Hydrochloride.

Recommended Position: Support

Death due to drug overdose is now the #1 cause of accidental death in the US, exceeding motor vehicle accidents. Naloxone is a non-scheduled medication that revives someone who has overdosed on an opiate; naloxone is currently available only through a physician’s prescription or by standing order under AB 635. AB 1535 would allow pharmacists to furnish naloxone without a physician's prescription, based on standardized procedures developed and approved by the Medical Board of California and the Board of Pharmacy.

 

  1. AB 1577 (Atkins): Gender Identity.

Recommended Position: Support

This bill would require death certificates to record the decedent’s sex in accordance with the decedent’s gender identity. In the event that family/person responsible for burial does not agree with the gender transition, legal proof of gender transition would prevail. Documents serving as legal proof include driver’s license, passport, court order approving name/gender change, advanced health care directive, or proof of clinical treatment for gender transition.

 

  1. AB 1805 (Skinner): Medi-Cal Reimbursement: Provider Payments

Recommended Position: Support

Existing law (AB 97) imposes a 10% rate reduction in Medi-Cal provider payments, effective June 2011. Due to legal battles and injunctions delaying implementation, these cuts are grouped into retroactive (2011-2013) and prospective (2014 and beyond) categories. Prospective rate reductions were forgiven for distinct-part nursing facilities in 2013. The Governor’s proposed 2014-15 budget forgives retroactive rate reductions for a variety of Medi-Cal providers, but does not include distinct-part nursing facilities. AB 1805 would eliminate all retroactive and prospective provider payment reductions under AB 97, dating back to 2011.

 

  1. AB 2659 (Brown): Health Access Zones: Income Tax: Credits.

Recommended Position: Support

This bill would create Health Access Zones, which aim to reduce health disparities, increase access to care for Medi-Cal patients, and improve health outcomes while reducing costs. The Office of Statewide Health Planning and Development will adopt regulations relating to the designation of health access zones, administer a grant program, and create the Health Access Zone Reserve Fund.

 

  1. SB 1005 (Lara): Health Care Coverage: Immigration Status.

Recommended Position: Support

Federal law prohibits the use of federal funds to provide Medicaid benefits to undocumented immigrants, and does not allow undocumented immigrants to purchase insurance through Covered CA. This bill:

  1. Creates and appropriates funds to the California Health Exchange Program for All Californians, which would offer participants access to health insurance and financial assistance regardless of immigration status, by January 1, 2016; and

  2. Expands Medi-Cal benefits to all persons meeting eligibility guidelines, regardless of immigration status.

 

 

 

DEPARTMENT OF THE ENVIRONMENT

 

No Public Comment

Motion to Support item a and seek recommended amendments; and support item b: Kato

Seconded by: Prashad

Approved: 7-0

 

  1. SB 270 (Padilla, De Leon, Lara): Solid Waste: Plastic Carryout Bags

Recommended Position: Support and seek amendments

  1. Allow the use of compostable bags without the proposed requirement of a local governing body vote if the other proposed criteria of majority of households have access to curbside collection of “foodwaste” and also that the composting collection accepts the compostable bags.

  2. Allow the $2 million available for manufacturers of reusable plastic bags also be available for compostable plastic bags to help increase the availability and affordability of compostable bags facilitating increased organics diversion.

  3. Phase in requirements to include all retailers and restaurants as in San Francisco to expand the benefits of this legislation

 

This bill phases out single-use plastic grocery bags. Reusable, paper, and (in certain jurisdictions) compostable plastic bags can only be distributed with a minimum 10 cent charge. Includes standards and incentives for plastic bag manufacturers to transition to making reusable bags.

 

 

  1. SB 1019 (Leno): Upholstered Furniture: Flame Retardant Chemicals.

Recommended Position: Support

In 2013, Governor Brown directed State government to change safety flammability testing methods for upholstered furniture (“TB-117”) to allow for sale of furniture which is not treated with toxic flame retardant chemicals. This change was effective Jan 1, 2014. SB1019 requires upholstered furniture manufacturers to inform consumers as to whether their products do, or do not, contain flame retarda nt chemicals. This information is to be provided to the consumer as an addition to the fire safety testing label already required by State law.

 

DEPARTMENT OF HUMAN RESOURCES

 

  1. AB 2052 (Gonzalez): Workers’ Compensation

Recommended Position: Oppose

Existing law establishes a workers' compensation system, to compensate an employee for injuries sustained in the course of his or her employment. In the case of a narrow group of peace officers employed by public agencies in public safety positions, existing law provides a presumption that the term “injury” includes heart trouble, hernia, pneumonia, meningitis, lower back impairment, cancer and other injuries and diseases, and that those injuries or diseases are caused by work for the purposes of providing treatment and disability payments. This bill would expand which employees receive coverage under this provision to include park patrol officers, welfare fraud investigators, child support investigators, security officers, coroners, and many other groups of employees.

 

No Public Comment

Motion oppose: Montejano

Seconded by: Kato

Approved: 6-1

Ayes: Elliott, Montejano, Winslow, Kato, Prashad, Whitaker

Noes: True

 

  1. AB 2378 (Perea): Workers’ Compensation: Temporary Disability Payments

Recommended Position: Oppose

Existing law requires that aggregate disability payments for a single injury occurring on or after certain dates be limited, as provided. This bill would provide that leaves of absence without loss of salary are payable in addition to the maximum aggregate disability payments for a single injury applicable to all workers. The bill would make these provisions applicable to all claims, regardless of the date of injury.

 

No Public Comment

Motion oppose: Kato

Seconded by: Montejano

Approved: 6-0-1

Ayes: Elliott, Montejano, Winslow, Kato, Prashad, Whitaker

Noes: None.

Abstain: True

 

 

DEPARTMENT ON THE STATUS OF WOMEN

 

No public comment.

Motion to support items a and c; leave item b to the call of the chair: Montejano.

Seconded by: True

Approved: 7-0

 

  1. AB 1579 (Stone): Healthy Babies Act of 2014

Recommended Position: Support

Currently, a pregnant woman without any eligible children may apply for CalWORKS benefits to begin in the third trimester of her pregnancy in anticipation of the birth of her child. AB 1579 helps ensure that poor pregnant women are healthier and can prepare for a new baby by allowing eligible pregnant women who do not have any other children to access CalWORKs benefits upon the medical verification of their pregnancy, instead of waiting until the 3rd trimester.

 

  1. AB 1653 (Garcia): CalWORKs: Victims of Domestic Violence.

Recommended Position: Support if amended

Current law creates a procedure for counties to inform CalWORKs applicants and recipients about the options available to domestic violence survivors in the CalWORKs program, including waivers of program requirements. This bill seeks to create uniformity around the informing of domestic violence options and the processing of domestic violence waivers. It also links domestic violence waivers to a recipient’s ability to participate in welfare-to-work.

 

  1. AB 2035 (Chesbro): Sexually Exploited and Trafficked Minors.

Recommended Position: Support

Under the current law in California, commercially sexually exploited children (CSEC) are being arrested for prostitution and placed into the delinquency system. Even though these youth are clearly victims of human trafficking under both state and federal law, they are still treated as criminals when they are prosecuted by the juvenile justice system. AB 2035 would clarify that CSEC should be dealt with by our child welfare system, rather than our juvenile justice system. The Mayor’s Task Force on Anti-Human Trafficking supports this approach to CSEC. AB 2035 would support this work by beginning to build a statewide framework to treat CSEC as victims and not as criminals, creating a working group to design a statewide comprehensive continuum of care for victims of human trafficking, and providing cultural and sensitivity training courses on human trafficking for administrators of group home facilities, licensed foster parents and kinship providers.

 

DISTRICT ATTORNEY & PUBLIC DEFENDER’S OFFICES

 

No Public Comment

Motion oppose: Montejano

Seconded by: Kato

Approved: 7-0

 

  1. AB 2487 (Wagner): Copies of Transcripts

Recommended Position: Oppose

Existing law requires the testimony of each witness in cases of homicide to be reduced to writing, as specified. In cases other than homicide cases, existing law requires the testimony of each witness be reduced to writing, as specified, at the request of either the defendant or the prosecution. Existing law authorizes the magistrate before whom the examination of a witness is had to order that the testimony and proceedings be taken down in shorthand, and to appoint a shorthand reporter for that purpose This bill would instead require the reporter to transcribe his or her shorthand notes within 10 days following the close of examination, making originals and copies available, as specified, when a defendant is charged with homicide. In all other cases, the bill would require the reporter to transcribe his or her shorthand notes at the request of the defendant or the prosecution, within 10 days following that request, making originals and copies available, as specified.

 

DISTRICT ATTORNEY’S OFFICE

 

No Public Comment

Motion to Support: Montejano

Seconded by: Kato

Approved: 7-0

 

  1. AB 1982 (Ting): Stalking

Recommended Position: Support

Under current California stalking law, the state must prove the stalker’s intentions when he or she was stalking; that not only did they intend to stalk, but that they made a "credible threat" and were stalking with the specific intent to place their victim(s) in fear. This shifts focus from intentional stalking behavior to the underlying reasons motivating that stalking behavior. While some stalkers are motivated by the wish to threaten their victims and place them in fear, not all stalkers are similarly motivated. Sophisticated stalkers know they can take advantage of this loophole.

 

AB 1982 seeks to:

  1. Modernize the anti-stalking statute from specific into to general intent; and

  2. Include targeting a person’s domesticated pet in the definition of criminal stalking behavior. Existing law already specifies targeting a victim’s family within the definition of stalking.

 

 

HEALTH SERVICE SYSTEMS

 

No Public Comment

Motion to Support items a-c: Montejano

Seconded by: Winslow

Approved: 7-0

 

 

  1. SB 1176 (Steinberg): Health Care Coverage: Cost Sharing: Tracking.

Recommended Position: Support

Currently a health plan must provide certain disclosures of the benefits, services and terms of a contract or policy. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires a plan or insurer to limit annual out-of-pocket expenses for all covered benefits. Consumers must track copays themselves and notify insurers when the out-of-pocket maximum is reached. This legislation helps consumers track copays so they do not have to haggle with insurers about their copay obligations. Since the Affordable Care Act added copays of pharmaceuticals to the limits this will be very helpful to consumers.

 

  1. SB 1182 (Leno): Health Care Coverage: Rate Review

Recommended Position: Support

This bill will apply rate review in the large group market and would increase transparency and scrutiny of rate increases and give purchasers the data they need to negotiate with health plans and make value based purchasing decisions. It also requires health plans to annually disclose aggregate data for all products sold in the large group market and to provide de-identified claims data at no charge to a large group purchaser that requests the information and meets specified conditions. The aggregate data disclosure requirement will allow the public to determine if health plans are shifting costs to the large group market and allow legislators to make decisions to stop any cost shifting in the market.

 

  1. SB 1340 (E. Hernandez): Plan Contract Transparency

Recommended Position: Support

SB 751 which became effective Jan 1, 2012, prohibits contracts between a licensed health care facility and health plan from containing a provision that restricts the ability of the health plan to furnish information to enrollees on the cost range of procedures or quality of services performed by the facility. SB1340 improves recently passed SB 751. SB1340 requires that the information be provided not just to a health plan’s own members, but to all individuals accessing care through a plan’s network of health care providers (adds self insured). It includes all providers of care not just facilities.

It clarifies that disclosure of costs for the full costs of treatment associated with a procedure. Sets a fixed 30-day length of time for review by providers.

 

 

 

 

 

HUMAN SERVICES AGENCY

 

No Public Comment

Motion to Support: Prashad

Seconded by:True

Approved: 7-0

 

  1. SB 909 (Pavley): Dependent Children: Health Screenings.

Recommended Position: Support

California State regulations require that each child in placement receive a medical and dental examination within the first 30 days of the initial detention. However, current law does not provide clear authority during the 72 hours prior to the detention hearing for social workers to provide consent for the health care provider to conduct initial medical, dental and mental health assessments and screenings for all newly detained children. SB 909 clarifies that county child welfare workers are authorized to consent to health assessments and screenings for children who are taken into custody during the period of time prior to the initial petition hearing.

 

OFFICE OF ECONOMIC AND WORKFORCE DEVELOPMENT

 

No Public Comment

Motion to Support items a and b: True

Seconded by: Montejano

Approved: 7-0

 

  1. AB 2670 (Medina): Small Business Technical Assistance Act of 2014

Recommended Position: Support
The federal Small Business Development Center (SBDC) program provides specialized technical assistance to entrepreneurs seeking to launch, grow, stabilize or transition a small business. This bill creates a formal relationship between the Governor’s Office of Business and Economic Development (GO-BIZ) and SBDC.

 

  1. AB 2717 (Bonta): Small Business Development Center Program: Appropriation.

Recommended Position: Support

This bill appropriate $6 million to the Small Business Development Center annually, representing a 50% match of federal funding for the program’s operations in California.

 

OFFICE OF SMALL BUSINESS

 

No Public Comment

Motion to Support: Montejano

Seconded by: Kato

Approved: 7-0

 

  1. AB 2719 (Bonta): Mobile Retail Operations: Model Local Ordinance or Resolution.

Recommended Position: Support

AB 2719 proposes to require the Governor’s Office of Planning and Research (OPR) to develop, in consultation with local governmental entities, a model local ordinance or resolution regulating mobile retail operations. Local governments would be allowed to voluntary adopt the model ordinance if desired.

 

 

PLANNING DEPARTMENT

 

No Public Comment

Motion to Support: Whittaker

Seconded by: Prashad

Approved: 6-0; Abstain: Winslow

 

  1. SB 1451 (Hill): Environmental Quality: Judicial Review: Standing.

Recommended Position: Support

The Committee heard this item at the April 9th meeting. Since then, the bill has been substantially amended. The Planning Department recommends the City and County reaffirm a position of support.

 

This bill provides that a CEQA action against the determination of a public agency cannot be brought unless: 1) the grounds for noncompliance with CEQA were presented to the public agency orally in writing during public comment; or 2) the grounds for noncompliance were not known and could not have been known with the exercise of reasonable diligence during the public comment period.

 

SF MUNICIPAL TRANSPORTATION AGENCY

 

No Public Comment

Motion to Support: Montejano

Seconded by: Kato

Approved: 6-0; True Absent

 

  1. SB 1151 (Canella): Vehicles: Support Zone Fines.

Recommended Position: Support

This bill increases traffic fines for traffic violations committed in a school zone. The Committee previously heard this item, and has a position of “Support if amended to include:

(1) Expansion beyond school hours to capture before/after school programs; and

(2) Ensure that provisions extend to include local streets and roads.

 

The author has accepted amendments to related to these concerns.

 

SHERIFF’S DEPARTMENT

 

No Public Comment.

Motion to continue items to the call of the chair: Montejano

Seconded by: True

Approved: 7-0

 

  1. AB 2356 (Gorell): Financing for Adult Local Justice Facilities

Recommended Position: Support

The State has provided counties with capital financing for county jail projects through a competitive selection process. This bill would appropriate an additional $700 million to the Board of State and Community Corrections to fund additional projects.

 

  1. SB 1054 (Steinberg): Mentally Ill Offender Crime Reduction Grants

Recommended Position: Support

Appropriates 50% of $50 million grant program to services for mentally ill adult offenders, and the other 50% of grant funds to programs for juvenile offenders.

 

  1. SB 1359 (Cannella): 2013 Realignment Legislation Addressing Justice Reinvestment.

Recommended Position: Support

Increases funding to counties implementing state prison realignment (AB 109) by transferring $441 million from the California General Fund to the Realignment Reinvestment Fund for FY 14-15.

 

TREASURE TAX COLLECTOR

 

No Public Comment.

Motion to support: Kato

Seconded by: True

Approved: 7-0

 

  1. SB 896 (Correa): Finance Lenders: Nonprofit Organizations: Zero Interest Loans: Exemptions.

Recommended Position: Support

SB 896 (Correa) encourages nonprofit organizations to enter the small-dollar lending space by establishing a licensing exemption within the California Finance Lenders Law for nonprofits facilitating zero-interest, credit-building, and small-dollar loans. The bill allows for nonprofits to collaborate and create a network of resources, staff and program infrastructure. It will remove regulatory uncertainty and provide oversight in an orderly and structured process for nonprofit organizations to help underserved communities access affordable financial products and services.

 

V. GENERAL PUBLIC COMMENT
Discussion item: members of the public may address the Committee on items of interest that are within the Committee’s subject matter jurisdiction.

 

No public comment.

 

VI. ADJOURNMENT

Disability Access

Room 201 of City Hall is located at 1 Dr. Carton B. Goodlett Place, and is wheelchair accessible.  The closest accessible BART Station is Civic Center, three blocks from City Hall. Accessible Muni lines serving this location are:  #47 Van Ness, and the #71 Haight/Noriega and the F Line to Market and Van Ness, as will as Muni Metro stations at Van Ness and Civic Center.  For more information about Muni accessible services, call 923-6142. There is accessible parking at the Civic Center Plaza garage.  
 
 

Know Your Rights Under the Sunshine Ordinance

 
Government’s duty is to serve the public, reaching its decisions in full view of the public.  Commissions, boards, councils, and other agencies of the City and County exist to conduct the people’s business.  This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review.  For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact the Donna Hall at Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA  94102, by phone at 415-554-7724, by fax at 415-554-7854, or email the Sunshine Ordinance Taskforce Administrator at sotf@sfgov.org.  Citizens may obtain a free copy of the Sunshine Ordinance by contacting the Task Force, or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at www.sfgov.org/sunshine.htm.
 
 

Lobbyist Registration and Reporting Requirements

 
Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance (San Francisco Campaign and Governmental Conduct Code Sec. 2.100 –2.160) to register and report lobbying activity.  For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA  94102; telephone 415-581-2300, fax 415-581-2317, Internet website: www.sfgov.org/ethics.
 

Cell Phones and Pagers

 
The ringing and use of cell phones, pagers, and similar sound-producing electronic devises are prohibited at this meeting.  Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.
 

Public Comment

Public Comment will be taken on each item.
 

Document Review

Documents that may have been provided to members of the State Legislation Committee in connection with the items on the agenda include proposed state legislation, consultant reports, correspondence and reports from City departments, and public correspondence.  These may be inspected by contacting Tamsen Drew, Deputy Director of Legislative & Government Affairs, Mayor’s Office at: (415) 554-6971.

Health Considerations

In order to assist the City’s efforts to accommodate persons with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical-based products.  Please help the City accommodate these individuals.

 

 

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