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LEGISLATIVE UPDATE

END OF 2013 SESSION

October 15, 2013

Below is a list of all bills that CIPC tracked in the first year of the 2013-2014 legislative session. We continue to celebrate the many victories won by immigrant communities that will positively affect the daily life of countless individuals across our state.

These victories include bills from the 2013 Immigrant Day Policy Platform. Twelve of the sixteen bills on the platform were signed into law including five priority bills! Click here for the 2013 Immigrant Day Policy Platform.

For more information regarding this list of bills please contact Ronald Coleman, Government Affairs Manager, at 916.448.6762.

Additional Notes:

STATEWIDE CALL: Join this call to learn more about the bills Governor Brown signed and vetoed. Oct. 24 (Thursday) at 10am. Click here to RSVP

LEGISLATIVE TRACKING PAGE: Don’t forget that CIPC organizational members enjoy access to CIPC’s legislative tracking page on our website. To find out more about becoming a member of CIPC, please click here.


CIPC-SPONSORED BILLS 

AB 4 (Ammiano) - THE TRUST ACT - CO-SPONSOR WITH THE ASIAN LAW CAUCUS, THE NATIONAL DAY LABORER ORGANIZING NETWORK, THE ACLU OF CA, AND MALDEF: This bill sets a minimum standard to ensure that community members with most low-level offenses are not wastefully held in local jails for extra time for deportation purposes.

Status: This bill was signed into law on October 5, 2013.    

AB 1195 (Eggman) - ACCESS TO CRIME REPORTS FOR VICTIMS OF CRIME – This bill ensures that any victim of crime has access to their crime report, regardless of their immigration status, and prevents law enforcement agencies from denying crime reports if lawful presence in the United States cannot be proven by the victim.

Status: This bill was signed into law on September 9, 2013.

IMMIGRANT INTEGRATION

AB 35 (Hernandez) - INTEGRATION OF YOUTH APPROVED FOR DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) – SUPPORT: This bill seeks to: (1) enhance consumer protections for youth applying for the Deferred Action for Childhood Arrivals policy, (2) codify that DACA approved individuals are eligible for unemployment insurance benefits, and (3) further clarify existing law to specify that these individuals are eligible for a California ID.

Status: This bill was signed into law on October 5, 2013

AB 60 (Alejo) – DRIVER'S LICENSES – SUPPORT: This bill would provide access to a driver’s license for all California residents regardless of immigration status. 

Status: This bill was signed into law on October 3.

AB 335 (Brown) – VEHICLE IMPOUNDMENTS – SUPPORT: This bill would permit a peace officer to allow a driver found operating a vehicle without a license or with a suspended or revoked license to legally park the vehicle, or it can be relinquished to a licensed driver.

Status: This bill is now a 2-year bill. 


AB 817 (Bonta) – EXPAND POLL WORKER RECRUITMENT – SUPPORT: This bill expands the pool of available bilingual speakers to serve as county poll workers and volunteers by allowing counties to recruit up to five lawful permanent residents (LPRs) as poll workers per precinct. Status: This bill was signed into law on August 27, 2013.  

AB 1401 (Wieckowski) – JURY DUTY ELIGIBILITY – SUPPORT: provides that persons who are lawfully present immigrants and are not otherwise disqualified are eligible to be called as prospective trial jurors. 

Status: This bill was vetoed on October 7, 2013. 

SB 23 (Lara) – TASK FORCE ON IMMIGRANT INTEGRATION – SUPPORT: This bill requires the Governor to establish a Task Force on New American Integration to provide recommendations on immigrant integration, implementation of federal immigration reform, and establishment of an Office of New Americans.  

Status: This bill was held in the Assembly Appropriations Committee, and is now a 2-year bill.  

SB 619 (Yee) – CIVICS ORIENTATION – SUPPORT: This bill would require the State Department of Education to develop and make available online a state employee civics orientation on federal and state government by January 1, 2015.

Status: This bill was held in “suspense” in the Senate Appropriations Committee, and is now a 2-year bill.

WORKER'S RIGHTS AND EMPLOYMENT

AB 10 (Alejo) - ADJUSTING THE MINIMUM WAGE – SUPPORT: This bill would increase the minimum wage, on and after July 1, 2014, to not less than $9 per hour. The bill would further increase the minimum wage, on and after January 1, 2016, to not less than $10 per hour.

Status: This bill was signed into law on September 25, 2013.

AB 241 (Ammiano) – DOMESTIC WORKERS BILL OF RIGHTS – SUPPORT: This bill seeks to remove the exclusion of domestic workers from rights provided to other California workers. Specifically, AB 241 ensures that domestic workers will receive overtime pay when they work more than nine hours in a day or forty-five hours a week.

Status: This bill was signed into law on September 26, 2013.


AB 263 (Hernandez) – RETALIATION AGAINST IMMIGRANT WORKERS – SUPPORT: This bill addresses the retaliation of employers against immigrant employees who are vulnerable to workplace abuse due to their immigration status.

Status: This bill was signed into law on October 11, 2013.

AB 1164 (Lowenthal) – FAIR PAYCHECK ACT – SUPPORT: This bill allows low-wage workers who have been denied wages to place a temporary hold on their employers’ property, or the property worked on, for the amount owed until they can prove their claims in court.  The bill ensures that when these workers win their wage claims, they can collect what they are owed.

Status: This bill failed in the Assembly Appropriations Committee, and is now a 2-year bill. 

SB 292 (Corbett) – SEXUAL HARRASMENT – SUPPORT: This bill amends the Fair Employment and Housing Act to clarify that a sexual harassment claim does not bear upon the sexual orientation, sexual desire, or intent of the harasser. This bill also specifies that sexual harassment includes threats of sexual violence.  

Status: This bill was signed into law on August 12, 2013.

SB 400 (Jackson) – DOMESTIC VIOLENCE EMPLOYMENT PROTECTION – SUPPORT:  (1) expands the protections given to victims of domestic violence and sexual assault who take time off to obtain any relief to victims of stalking; (2) prohibits an employer from discharging, retaliating or discriminating against an employee because of his/her known status as a victim of domestic violence, sexual assault, or stalking, as specified; and (3) requires an employer to provide reasonable accommodation for an employee who is a victim of domestic violence, sexual assault, or stalking, as specified.

Status: This bill was signed into law on October 11, 2013.

SB 404 (Jackson) – FAMILIAL STATUS DISCRIMINATION – SUPPORT: This bill would clarify that an employer may not discriminate against an employee based on his or her family responsibilities by adding "familial status" to the list of characteristics (e.g., race, sexual orientation, marital status, religion, etc.) that are prohibited bases of discrimination under the employment provisions of the Fair Employment and Housing Act (FEHA).

Status: This bill was held in the Assembly Appropriations Committee, and is now a 2-year bill.

SB 462 (Monning) – WAGE PROTECTION – SUPPORT: This bill will clarify that an employee may be liable for the employer’s attorney’s fees only if the action is brought in bad faith, as workers should not be intimidated out of seeking unpaid wages by the fear of potentially ruinous liability for their employer’s attorney’s fees.
 
Status: This bill was signed into law on August 26, 2013.

SB 666 (Steinberg) – EMPOWERING IMMIGRANTS TO EXERCISE RIGHTS UNDER THE LAW WITHOUT FEAR OF RETALIATION – SUPPORT: This bill empowers workers to exercise their rights under California law without fear that employers will retaliate by reporting their immigration status or that of their family members to government officials. The bill’s provisions will deter unscrupulous employers from violating the rights of undocumented workers laboring in California and therefore lift the veil of silence in the workplace.

Status: This bill was signed into law on October 5, 2013.

HEALTH AND HUMAN SERVICES

ABx1 1 (Perez) / SBx1 1 (Steinberg/Hernandez) – Medi-Cal ELIGIBILITY – SUPPORT: These bills would expand Medi-Cal eligibility to 1.4 million newly eligible low-income, childless adults and simplify Medi-Cal eligibility rules as required by the Affordable Care Act (ACA).

Status: Both of these bills were signed by the Governor on June 27, 2013. 

ABx1 2 (Pan) / SBx1 2 (Hernandez) – INDIVIDUAL MARKET REFORM – SUPPORT: This bill implements individual market reforms preventing insurers from denying or discriminating for pre-existing conditions, and otherwise conforming and phasing-in new insurance market rules for individuals who purchase insurance on their own, while limiting different premiums based on age to 3:1.

Status: Both of these bills were signed by the Governor on May 9, 2013. 


SBx1 3 (Hernandez) – BRIDGE PLANS – SUPPORT: This bill allows a designated health plan within Covered California to provide coverage to low-income Californians transitioning between Medi-Cal and Exchange coverage for increased affordability and continuity of care.

Status: This bill was signed into law on July 11, 2013.

AB 174 (Bonta) – MENTAL HEALTH SERVICES FOR STUDENTS IMPACTED BY TRAUMA IN SCHOOL BASED HEALTH CENTERS – SUPPORT: This bill would require the State Department of Public Health to establish, within the County of Alameda, a grant pilot program within the Public School Health Center Support Program that would be known as Promoting Resilience: Offering Mental Health Interventions to Support Education (PROMISE).

Status: This bill was vetoed on October 9, 2013

AB 197 (Stone) – CalWORKs VEHICLE ASSET TEST – SUPPORT: This bill would repeal the vehicle asset limit for one car for CalWORKs applicants and recipients, reducing a significant barrier to work and administrative inefficiencies. 

Status: This bill failed on “suspense” in the Assembly Appropriations Committee. It is now a 2-year bill. 


AB 271 (Mitchell) – CalWORKs ELIGIBILITY – SUPPORT: This bill will protect newborns’ health and safety while prohibiting the state from inserting itself into the private reproductive and medical decisions of poor families by repealing the Maximum Family Grant (MFG) rule in the California Work Opportunities and Responsibility to Kids (CalWORKs) program.

Status: This bill was held in the Senate Appropriations Committee.

AB 361 (Mitchell) – REDUCING COSTS & HEALTH DISPARITIES AMONG HIGH -COST MEDI -CAL BENEFICIARIES – SUPPORT: This bill would authorize the Department of Health Care Services to create a health home program for enrollees with chronic conditions.

Status: This bill was signed into law on October 8, 2013

AB 411 (Pan) – Medi-Cal PERFORMAN MEASURES – SUPPORT: This bill requires Medi-Cal managed care plans to analyze and report Healthcare Effectiveness Data and Information Set (HEDIS) measures by race, ethnicity, and primary language to identify health disparities and develop strategies to reduce them.

Status: This bill was vetoed on October 8, 2013.

AB 505 (Nazarian) – Medi-Cal MANAGED CARE LANGUAGE ASSISTANCE SERVICES – SUPPORT: This bill strengthens consumer protections for Medi-Cal managed care enrollees who do not speak English very well by codifying current language assistance requirements. 

Status: This bill was placed in the Senate Inactive File on August 12, 2013, and is now a 2-year bill.

AB 760 (Dickinson) – REINSTATING CALIFORNIA’S EARLY MENTAL HEALTH INITIATIVE – SUPPORT: would help children who suffer from mild to moderate mental illness by reinstituting a proven school-based prevention and early intervention program through a modest tax on ammunition purchased in or for use in California.

Status: This bill is currently in the Assembly Committee on Revenue and Taxation’s Suspense File.  

AB 900 (Alejo) and SB 640 (Lara) – Medi-Cal REIMBURSEMENT RATE – SUPPORT: This bill requires Medi-Cal payments to fee for service (FFS) providers that would otherwise have been reduced by 10% on June 1, 2011, and Medi-Cal payments to skilled nursing facilities to be determined without the Medi-Cal rate reductions and rate roll-back required under existing law.

Status: AB 900 (Alejo) has held in the Senate Appropriations Committee and SB 640 (Lara) was previously held in Senate Appropriations Committee in May. 

SB 189 (Monning) – HEALTH AND WELLNESS PROGRAMS – SUPPORT: This bill establishes additional consumer protections for wellness programs offered by group health care plans or insurers.  Additionally, wellness programs would need to be reasonably designed to promote health and prevent disease, and ensure fairness to all individuals who voluntarily participate. Moreover, it would prohibit wellness program incentives that are linked to premiums, cost sharing or conditioned on meeting specific health status outcomes.  The bill would sunset on January 1, 2020.

Status: This bill failed in Senate Appropriations Committee, and is now a 2-year bill.

SB 283 (Hancock) – SUCCESFUL RE-ENTRY AND ACCESS TO JOBS – SUPPORT: This bill provides individuals who meet all other eligibility and asset rules and are successfully complying with the conditions of probation or parole, or have successfully completed their probation or parole would be considered eligible for California Work Opportunity and Responsibility to Kids (CalWORKs) and CalFresh programs.

Status: This bill was held in the Assembly Appropriations Committee, and is now a 2-year bill.

LANGUAGE ACCESS AND EDUCATION 

AB 123 (Bonta) – SCHOOL INSTRUCTION ON FILIPINO AMERICANS’ ROLE IN FARM WORKER MOVEMENT – SUPPORT: This bill requires school districts, in providing study in the social sciences for grades 7 through 12, to include instruction on the contributions of Filipino Americans to the farm workers movement of California.

Status: This bill was signed by the Governor on October 2, 2013.  

AB 275 (Alejo) – MIGRANT EDUCATION PROGRAM – SUPPORT: This bill will address the concerns raised in the Migrant Education Program federal assessment and state audit, particularly in its requirements to augment data collection and enhance the program’s assessment component. The bill calls for the collection of individual and aggregate data for migrant pupils in order to increase accountability for migrant student achievement and facilitate program evaluation.

Status: This bill was held in the Assembly Appropriations Committee, and is now a 2-year bill. 


AB 1127 (Chau) – CALIOFORNIA LANGUAGE ACCESS TASK FORCE – SUPPORT: This bill would provide Californians with an explicitly recognized right to equal access to the courts without regard to language proficiency by creating a comprehensive language access plan.

Status: This bill was vetoed on October 12, 2013

AB 1263 (Perez) – CommuniCal – SUPPORT: This bill would require the department to establish the Medi-Cal Patient-Centered Communication program (CommuniCal), to be administered by a 3rd-party administrator, commencing July 1, 2014, to provide and reimburse for medical interpretation services to Medi-Cal beneficiaries who are limited English proficient (LEP).

Status: This bill was vetoed on October 13,2013

SB 141 (Correa) – RESTORING HIGHER EDUCATION ACCESS AND AFFORDABILITY – SUPPORT: This bill would close a loophole in AB 540, restoring access to California colleges, universities and scholarships, as specified, for children who are U.S. citizens, but are forced to live abroad as a result of their parent’s deportation.   

Status: This bill was signed into law on October 5, 2013.

SB 204 (Corbett) – PRESCRIPTION DRUG LABELING – SUPPORT: This bill requires pharmacies to use the standardized medication instructions that have been translated into non-English languages provided on the Board of Pharmacy’s website.

Status: This bill failed the deadline to get out of its policy committee, and is now a 2-year bill.

SB 353 (Lieu) – PROHIBITING DECEPTIVE MARKETING PRACTICES UNDER THE AFFORDABLE CARE ACT – SUPPORT: This bill would ensure that Californians have appropriate and accurate information they will need to enroll in health care coverage by strengthening consumer protections, closing gaps in current state laws and requiring fair and accurate marketing materials.

Status: This bill was signed into law on October 1, 2013.

SB 597 (Lara) – IMPROVING LANGUAGE ACCESS IN COURTS – SUPPORT: This bill would establish a pilot project to provide court interpreters in all civil court proceeds for up to five selected courts.  

Status: This bill was held on “suspense” in the Senate Appropriations Committee, and is now a 2-year bill. 

SB 654 (Leno) – BALLOT MEASURE PETITIONS TRANSLATION – SUPPORT: This bill would ensure that English-ability does not hinder voters from participating in the ballot initiative process. 

Status: This bill was vetoed on October 11, 2013.

CIVIL RIGHTS AND EQUALITY

AB 496 (Gordon) – SEXUAL ORIENTATION, GENDER IDENTITY, AND GENDER EXPRESSION – SUPPORT: This bill clarifies that existing cultural competency training for doctors and dentists should include discussion of lesbian, gay, bisexual and transgender (LGBT) issues.

Status: This bill was placed on the inactive file on September 4, 2013, and is now a 2-year bill.

AB 524 (Mullin) – EXTORTION BASED ON IMMIGRATION STATUS – SUPPORT: This bill will clarify that using threats to expose an individual’s perceived immigration status to gain something of value is extortion    

Status: This bill was signed into law on October 5, 2013.

AB 663 (Gomez) - LGBT CULTURAL COMPETENCY TRAINING FOR ADMINISTRATORS IN SENIOR CARE FACILITIES – SUPPORT: This bill ensures that administrators of residential care facilities have an additional five hours of training in cultural competency and sensitivity in aging lesbian, gay, bisexual and transgender (LGBT) issues

Status: This bill was signed into law on October 9, 2013.

AB 1121 (Atkins) – GENDER IDENTITY AND PETITIONS FOR NAME CHANGES – SUPPORT: This bill simplifies the process required for name changes and ensures that a transgender person’s gender identity is reflected accurately on all their identity documents.

Status: This bill was signed into law on October 8, 2013.

SB 323 (Lara) – YOUTH EQUALITY ACT – SUPPORT: This bill clarifies that nonprofit youth organizations will only be rewarded with special tax exemptions if they comply with California’s existing nondiscrimination laws.

Status: This bill was placed on the Inactive File on September 12, 2013.

SB 716 (Lara) – SEXUAL ABUSE IN DETENTION ELIMINATION ACT OF 2013 – SUPPORT: This bill that would fully implement policies consistent with and are more protective than the federal Prison Rape Elimination Act (PREA) standards in California.

Status: This bill was held in the Assembly Appropriations Committee, and is now a 2-year bill.

ADDITIONAL BILLS 

AJR 3 (Alejo) – IMMIGRATION REFORM RESOLUTION – SUPPORT: This measure urges the President of the United States and members of Congress to take a comprehensive and workable approach to improving the nation’s immigration system.

Status: This bill was chaptered on August 15, 2013.

AB 880 (Gomez) – Medi-Cal PROGRAM COSTS AND LARGE EMPLOYER RESPONSIBILITY – SUPPORT: This bill will impose a penalty on large corporations that dump workers onto the Medi-Cal program, shifting the cost of health insurance onto taxpayers.

Status: This bill failed on the Assembly Floor, and a motion to reconsider was made by the author.

AB 192 (Hagman) – ZONING VIOLATIONS FOR HOTEL OPERATIONS – WATCH: This bill creates a misdemeanor for any person who violates a zoning ordinance that prohibits the operation of a hotel in an area zoned for residences with the goal of curbing birth tourism. 

Status: This bill is now a 2-year bill.

SB 270 (Padilla) – ENFORCEMENT ACTIONS ON UNDERGROUND ECONOMY – WATCH: This bill would facilitate greater labor enforcement by requiring state agencies involved in the Joint Enforcement Strike Force and the Department of Industrial Relations’ Labor Enforcement Task Force to share information.

Status: This bill failed to meet its policy committee deadline, and is a 2-year bill.

SB 346 (Beall) – SOCIAL SERVICES AND RECORDS – WATCH: This bill would include in the definition of public social services publicly funded health care services administered or supervised by the department or the State Department of Health Care Services, except as specified. 

Status: This bill was signed into law on October 8, 2013.   

SB 653 (Knight) – CRIMINAL PROCEDURE AND PLEAS – OPPOSE: This bill would provide that a motion brought to set aside a guilty plea for failure to be advised of immigration consequences shall be brought before the expiration of the applicable time period for the destruction of court records correspond to the defendant's offense.

Status: This bill failed in committee and is now a 2-year bill
 


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