Asm. Tom Ammiano

Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, sets forth the procedures for incorporations and changes of organizations of cities, including procedures for disincorporation. This bill would provide that every city with a population of less than 150 people as of January 1, 2010, would be disincorporated into that city's respective county as of 91 days after the effective date of the bill, unless a county board of supervisors determines, by majority vote within the 90-day period following enactment of these provisions, that continuing such a city within that county's boundaries would serve a public purpose if the board of supervisors determines that the city is in an isolated rural location that makes it impractical for the residents of the community to organize in another form of local governance. The bill would also require the local agency formation commission within the county to oversee the terms and conditions of the disincorporation of the city, as specified. The bill would become operative only if AB 781 of the 2011–12 Regular Session is enacted.

Existing law does not regulate how law enforcement officials prepare or conduct eyewitness photo or live lineup identifications. This bill would declare the legislative intent that law enforcement officials study and consider adopting the policies and procedures regulating eyewitness lineup identifications that are recommended by the California Commission on the Fair Administration of Justice in order to ensure that eyewitness identification procedures in California minimize the chance of misidentification of a suspect. This bill would require the Department of Justice, in consultation with the Commission on Peace Officer Standards and Training, local law enforcement agencies, prosecutors, defense attorneys, and other legal experts, to develop on or before January 1, 2013, guidelines for policies and procedures, as specified, in order to ensure the reliability of eyewitness identifications, as specified. The bill would require the Department of Justice to report to the Legislature on or before July 1, 2013, the guidelines developed pursuant to the provision described above, along with recommendations of any legislation needed to implement the guidelines. Existing law allows opinion testimony from expert witnesses to be admitted at trial upon specified showings. This bill would allow expert testimony regarding the reliability of an eyewitness identification to be admitted at trial in a criminal action, or in a juvenile court proceeding concerning a person who is or may be adjudged a ward of the juvenile court, if the proponent of the evidence establishes relevancy and proper qualifications of the witness.

Existing law requires that, as a precondition to receiving a technology grant administered by the State Department of Education, a school district shall have a current 3- to 5-year education technology plan, unless this requirement is waived by the State Board of Education. Existing law also requires the Superintendent of Public Instruction to develop guidelines and criteria for inclusion in the education technology plan, including a component to educate pupils and teachers on specified topics. This bill would expand that list of topics to include the prevention of, and legal consequences for, cyberbullying, the active use of content control software, and the responsible use by pupils of mobile communication technology. The bill would exempt from compliance with this requirement a school district that, on July 1, 2012, has a 3- to 5-year education technology plan until that plan expires or is voluntarily replaced, at which time the school district would be subject to the requirement. The bill would also require that the additional topics of the prevention of, and legal consequences for, cyberbullying, the active use of content control software, and the responsible use by pupils of mobile communication technology, be implemented only to the extent that state or federal funds are appropriated for those topics. The bill would make other conforming changes.

Existing law provides for the regulation of health insurers by the Department of Insurance. Under existing law, a health insurer that provides maternity coverage may not restrict inpatient hospital benefits, as specified, and is required to provide notice of the maternity services coverage. This bill, commencing July 1, 2012, would require every individual and group health insurance policy to provide coverage for maternity services for all insureds covered under the policy.

This measure would proclaim May 2011 as Buy California Small Business First Month.

This measure would urge Congress to extend the alternative minimum tax holiday for private activity bonds.

The California Community Care Facilities Act provides for the licensing and regulation of community care facilities, as defined, a violation of which is a misdemeanor. This bill would include with the definition of a community care facility an emergency youth shelter facility, as defined, for specified youth at least 12 years of age and under 18 years of age, except as specified, who are homeless or at risk of being homeless. The bill would require the department to adopt regulations for these facilities by January 1, 2013, as specified. Until the adoption of the regulations, the bill would require the department to grant facilities that satisfy the definition of an emergency youth shelter a waiver for existing licensing standards, under certain circumstances. This bill would allow an emergency youth shelter that is operating under a group home license to apply for an immediate transfer to an emergency youth shelter license, upon adoption of the regulations required under the bill. By expanding the definition of a community care facility, this bill would change the definition of an existing crime, thus creating a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law sets forth various personal rights and provides that all persons within California have the right to be free from violence, or intimidation by the threat of violence, because of, among other characteristics, their race, color, religion, ancestry, national origin, political affiliation, or sex. Existing law further permits an individual whose exercise or enjoyment of specified personal rights has been interfered with to bring a civil action for damages, including actual damages, exemplary damages, attorney's fees, injunctive relief, and other appropriate relief. Existing law requires the Department of Fair Employment and Housing to receive, investigate, and conciliate complaints that an individual's personal rights have been violated. This bill would specify that homeless persons, as defined, are entitled to the personal rights set forth under existing law, and would provide that a homeless person has the right to be free from violence or intimidation by threat of violence directed against that person on the basis of that person's status as a homeless person. The bill would also provide that these provisions shall not be construed to enlarge or diminish an existing duty, if any, by an owner of residential rental or commercial property to protect a homeless person who is present on the property from violence or intimidation by threats of violence. The bill would provide that these provisions are not to be construed to prohibit or restrict a public agency from the lawful enforcement of any law, and a public agency would not be subject to civil liability for that lawful enforcement.