Asm. Ed Chau

This measure would urge the President and Congress of the United States to develop a comprehensive federal approach to reducing and preventing gun violence, promptly place assault weapons and high-capacity assault magazines under the scope of the National Firearms Act, and require a universal background check through the National Instant Criminal Background Check System (NICS) for the transfer of all firearms. This measure would additionally urge the President to take steps to ensure that all states and applicable federal agencies are reporting all necessary records to the NICS.

Existing law governs the admissibility of evidence in court proceedings and generally provides a privilege as to communications made in the course of the attorney-client relationship, as specified. Under existing law, the right of any person to claim certain evidentiary privileges, including the lawyer-client privilege, is waived with respect to a communication protected by the privilege if any holder of the privilege, without coercion, has disclosed a significant part of the communication or has consented to a disclosure made by anyone. Existing law prohibits an individual or entity from operating a lawyer referral service unless that service meets specified requirements, including registration with the State Bar of California. Existing law requires the State Bar, with the approval of the Supreme Court, to formulate and enforce rules and regulations relating to lawyer referral services. This bill would provide that a person who consults a lawyer referral service, as defined, for the purpose of retaining a lawyer or securing legal advice has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the client and the lawyer referral service if the privilege is claimed by a specified person or entity. The bill would establish the circumstances in which the privilege does not apply. The bill would further provide that the lawyer referral service-client privilege may be waived in accordance with existing law. The California Constitution requires that a statute that would exclude relevant evidence in any criminal proceeding be enacted by a 23 vote. Because this bill would exclude certain communications between a client and a lawyer referral service in criminal proceedings, the bill would require a 23 vote.

Existing law, the Unclaimed Property Law, authorizes the State Controller to administer property that has escheated to the state and sets forth procedures whereby a person may file a claim to the property or to the net proceeds from its sale. Under existing law, the Controller is required to consider each claim within 180 days after it is filed, as specified. Existing law defines an "owner" as the person who had the legal right to the property prior to the escheat, his or her heirs, his or her legal representative, or a public administrator authorized by law. This bill would clarify that only a person who claims to have been an owner, as defined, may file a claim with the Controller, and requires the Controller, within 180 days after the claim is filed, to determine if the claimant is the owner of the property claimed. The bill would revise the definition of owner to also include the estate representative and guardian or conservator, and remove the legal representative, of the person who had the legal right to the property prior to its escheat.

This measure would specify goals for the reform of the nation's immigration system, and would urge Congress and the President of the United States to take a humane and just approach to solving the nation's broken immigration system.

This measure would urge the California State Legislature and the Governor to restore budget funding to early care and education programs and to support efforts to fund and implement the Quality Rating and Improvement System and other programs that support early care and education. The measure would also urge the California State Legislature to commit to improving the public's understanding of the role that early care and education plays in securing an educated, nimble, and stable workforce to help keep California's economy vibrant and strong for years to come.

This measure would declare the Legislature's recognition of the importance of access to local parks, trails, open space, and facilities for the health and development of all Californians. This measure would also declare the month of July 2013 as "Parks Make Life Better!" Month.

(1) Existing law provides that a person found liable for taking, concealing, or disposing of property belonging to the estate of a decedent, conservatee, minor, or trust through the use of undue influence in bad faith, or through the commission of elder or dependent adult financial abuse, is liable for twice the value of the property. Existing law provides that this remedy is additional to any other remedy available at law. This bill would provide that a person may, in the court's discretion, be liable for reasonable attorney's fees and costs in these actions, except as specified. The bill would specifically apply these provisions to property belonging to an elder or a dependent adult. The bill would make technical changes with regard to the nonexclusive character of the remedy provided. (2) Existing law provides that a person who, in bad faith, wrongfully takes, conceals, or disposes of property belonging to a principal under a power of attorney is liable for twice the value of the property recovered by an action to recover the property or for surcharge. This bill would extend this liability to a person who has taken, concealed, or disposed of property by the use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse, as defined. The bill would provide that a person may, in the court's discretion, be liable for reasonable attorney's fees and costs under these provisions and those described above, except as specified.

Existing law provides that there is the California Housing Finance Agency in the Department of Housing and Community Development administered by an 11-member board of directors that includes various state officers and 6 members appointed by the Governor. This bill would add the Secretary of Veterans Affairs to the board. The bill would also increase the number of members appointed by the Governor to 7 and require that at least one member appointed by the Governor have specific knowledge of bonds and related financial instruments, interest rate swaps, and risk management. The bill would specify, notwithstanding other provisions of the bill, that these provisions relating to the membership of the board would not become effective until January 1, 2014. Existing law authorizes the agency, among other things, to make or undertake commitments to make development loans, construction loans, mortgage loans, and property improvement loans to housing sponsors to finance housing developments, as specified. This bill would authorize the agency to make grants to buyers of residential structures combined with first mortgage loans financed by the agency to be used in conjunction with the Federal Housing Administration (FHA) Energy Efficient Mortgage Program, for the purpose of making repairs or improvements to increase energy efficiency in the home, as specified. Existing law provides that the agency shall not, except as provided, make construction loans or mortgage loans for the purpose of financing owner-occupied residential structures unless those loans are made through a qualified mortgage lender. This bill would instead provide that the agency shall not make construction loans or first mortgage loans, except as provided, as specified above. Existing law requires the agency to administer the California Homebuyer's Downpayment Assistance Program for the purpose of providing downpayment assistance to first-time low- and moderate-income home buyers. Existing law requires that the amount of the downpayment assistance shall be due and payable at the end of the term, or upon sale of or refinancing of the home, except that the agency may, in its discretion, permit the downpayment assistance to be subordinated to refinancing, as specified. This bill would also provide that the downpayment assistance shall not be due and payable upon sale of the home if the first mortgage loan is insured by the FHA, transferred to the FHA, or the requirement is otherwise contrary to federal regulations, as specified. This bill would incorporate additional changes to Section 51504 of the Health and Safety Code made by this bill and AB 637, to take effect if both bills are chaptered and this bill is chaptered last. This bill would declare that it is to take effect immediately as an urgency statute.

This measure would designate September 2013 as Prostate Cancer Awareness Month in the State of California.