Asm. Mark Stone

This measure would designate that January 16, 2017, be observed as the official memorial of the late Dr. Martin Luther King, Jr.'s birth and commemorate Martin Luther King, Jr. Day and the work of Dr. King and the Civil Rights Movement in changing public policy in California and in the United States of America.

(1) Existing law subjects a person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition by the probation officer, the district attorney after consultation with the probation officer, or the prosecuting attorney, as specified. Existing law requires the juvenile court to order the petition of a minor who is subject to the jurisdiction of the court dismissed if the minor satisfactorily completes a term of probation or an informal program of supervision, as specified, and requires the sealing of records pertaining to that dismissed petition, as specified. Existing law specifies circumstances under which a record that has been ordered sealed pursuant to these provisions may be accessed, inspected, or utilized. This bill would allow a child welfare agency of a county responsible for the supervision and placement of a minor or nonminor dependent to access a record that has been ordered sealed for the limited purpose of determining an appropriate placement or service. (2) Existing law governs the circumstances under which a juvenile court case file may be disseminated and to whom. Existing law governs the dissemination of juvenile police records in the County of Los Angeles. Existing law governs the dissemination of information gathered by a law enforcement agency relating to the taking of a minor into custody. This bill would clarify that a case file that has been covered by, or included in, an order of a court sealing a record under specified provisions of law may only be inspected pursuant to those provisions of law. The bill would make conforming changes regarding the dissemination of juvenile police records in the County of Los Angeles and information gathered by a law enforcement agency relating to the taking of a minor into custody to preclude the dissemination of sealed records under those provisions that have been sealed pursuant to a specified provision of law. (3) This bill would incorporate additional changes to Section 827 of the Welfare and Institutions Code proposed by AB 2872 that would become operative if this bill and AB 2872 are chaptered and this bill is chaptered last.

Existing law prohibits a confidential settlement agreement in a civil action with a factual foundation establishing a cause of action for civil damages for an act that may be prosecuted as a felony sex offense. Existing law provides that the prohibition does not affect the ability of parties to enter into a settlement agreement or stipulated agreement requiring nondisclosure of the amount of money paid in settlement of a claim. This bill would instead prohibit a provision in a settlement agreement that prevents the disclosure of factual information related to the action in a civil action with a factual foundation establishing a cause of action for civil damages for an act that may be prosecuted as a felony sex offense and would additionally make these provisions applicable to a cause of action for civil damages for an act of childhood sexual abuse or sexual exploitation of a minor or an act of sexual assault against an elder or dependent adult, as specified. The bill would prohibit a court from entering an order in any of these types of civil actions that restricts disclosure of this information, as specified. The bill would repeal the provision specifying that a settlement agreement or stipulated agreement that requires nondisclosure of the amount of money paid in settlement of a claim is not prohibited. The bill would make a provision in a settlement agreement that prevents the disclosure of factual information related to the action, as described in the bill, entered into on or after January 1, 2017, void as a matter of law and against public policy. The bill would provide that an attorney's failure to comply with these provisions by demanding that a provision be included in a settlement agreement that prevents the disclosure of factual information related to the action, as specified, as a condition of settlement or advising a client to sign an agreement that includes such a provision may be grounds for professional discipline and would require the State Bar of California to investigate and take appropriate action in cases brought to its attention.

Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP) , known in California as CalFresh, formerly the Food Stamp Program, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal law authorizes a resident of a shelter for battered women and children, as defined, who is currently included in a certified household that also contains the abuser, to apply and, if otherwise eligible, receive an additional allotment of benefits as a separate household. Existing federal law requires a county human services agency to provide CalFresh expedited services to certain households. This bill would, to the extent permitted by federal law, regulations, waivers, and directives, authorize a resident of, or an individual on a waiting list to get into, a shelter for battered women and children who is currently included in a certified household that also contains the abuser, to apply for, and, if otherwise eligible, would provide that the resident or individual is entitled to, expedited services of an additional allotment of CalFresh benefits as a separate household. By imposing additional duties on local officials, this bill would impose a state-mandated local program. Existing law requires the State Department of Social Services to develop and make available to homeless shelters, among other locations, CalFresh information on expedited services targeted to the homeless population. Existing law requires each county welfare department, upon request, to provide homeless shelters with a supply of CalFresh applications used to request expedited CalFresh services, as specified. This bill would additionally require the department to develop and make available to domestic violence shelters CalFresh information on expedited services targeted to victims of domestic violence. The bill would also require a county human services agency, upon request, to provide domestic violence shelters with a supply of CalFresh applications used to request expedited CalFresh services, as specified. By imposing additional duties on local officials, this bill would impose a state-mandated local program. Existing law authorizes counties to participate in the CalFresh Employment and Training program (CalFresh E&T) , established by federal law, and requires participating counties to screen CalFresh work registrants to determine whether they will participate in, or be deferred from, CalFresh E&T. Existing law defers from mandatory placement in CalFresh E&T specified individuals, including an individual who is a veteran who has been honorably discharged from the United States Army. This bill would additionally defer from mandatory placement in CalFresh E&T, an individual who is a victim of domestic violence. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

(1) Existing law establishes the Department of Business Oversight as headed by the Commissioner of Business Oversight, who, among other things, generally provides for the licensure and regulation of persons who are engaged in various consumer financial businesses, including, but not limited to, the business of making consumer or commercial loans. This bill would enact the Student Loan Servicing Act providing for the licensure, regulation, and oversight of student loan servicers by the commissioner and would define terms for its purposes. The bill would prohibit a person from engaging in the business of servicing a student loan in this state, directly or indirectly, without a license, unless exempt from the licensing requirement, and would require a licensee to provide specific services to a student loan borrower and comply with reporting, auditing, and other oversight by the commissioner. The bill would require a person applying for a license to, among other things, pay an application fee, sign the application under penalty of perjury, and submit to a criminal background check by the Department of Justice. By expanding the scope of the crime of perjury and increasing who is authorized to receive criminal record information, this bill would impose a state-mandated local program. The bill would require each licensee to, among other things, file reports with the commissioner under oath, pay to the commissioner its pro rata share of all costs and expenses reasonably incurred in the administration of these provisions, as estimated by the commissioner, and would authorize the commissioner to enforce these provisions by, among other things, promulgating regulations, performing investigations, suspending a license, and enforcing the provisions in an administrative hearing or in court, as specified. The bill would prohibit the public disclosure of specific information provided by a licensee to the commissioner. The bill would make the act operative on July 1, 2018, except for specific authorizations to the commissioner which may be exercised on and after January 1, 2017. The bill would make legislative findings in support of its provisions. (2) 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. (3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.