BM
D California Assembly · District 76 · Former member

Asm. Brian Maienschein

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Total votes
28,994
all sessions
Attendance
96%
863 missed
Near the chamber average
With party
91%
of cast votes
Near the chamber average
Bipartisan score
4%
crosses aisle rarely
Near the chamber average
Sponsored
2,186
bills & resolutions
Near the chamber average
Committees
0
assignments
2,186 bills and resolutions

Sponsored bills

Total
2,186
Primary
266
Co-sponsor
1,920
This page
2,186
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Primary AB 1921
Vetoed · California Assembly · Lead sponsor
CalWORKs: housing assistance.

Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of federal, state, and county funds, each county provides cash assistance and other benefits to qualified low-income families. The CalWORKs program also provides a nonrecurring special needs benefit for permanent housing assistance to pay for last month's rent and security deposits, up to 2 months of rent arrearages, or standard costs of deposits for utilities, as specified. Existing law requires payments to providers for temporary shelter and permanent housing and utilities to be made on behalf of the families requesting these payments. Existing law prohibits payments from being made to a housing provider unless it is a commercial establishment, shelter, or person in the business of renting properties who has a history of renting properties. This bill, commencing July 1, 2019, would remove the requirement that a person in the business of renting properties have a history of renting properties in order to receive payments and would additionally authorize payments to a housing provider with which the families requesting assistance have executed a valid lease, sublease, or shared housing agreement. Because this bill would increase the administrative duties of counties, it would impose a state-mandated local program. This bill would authorize the State Department of Social Services to implement these provisions through an all-county letter or similar instruction from the Director of Social Services until final regulations are adopted, and would require the department to adopt emergency regulations on or before July 1, 2020. 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 the statutory provisions noted above. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would, instead, provide that the continuous appropriation would not be made for purposes of implementing the bill.

Vetoed Sep 29, 2018 0 co-sponsors
Co-sponsor SB 1019
Vetoed · California Senate · Co-sponsor
Youth mental health and substance use disorder services.

Existing law establishes the Investment in Mental Health Wellness Act of 2013. Existing law provides that funds appropriated by the Legislature to the California Health Facilities Financing Authority and the Mental Health Services Oversight and Accountability Commission for the purposes of the act be made available to selected counties or counties acting jointly, except as otherwise provided, and used to provide, among other things, a complete continuum of crisis services for children and youth 21 years of age and under regardless of where they live in the state. The act requires the commission to allocate funds to triage personnel, as specified. This bill would require the commission, when making these funds available on and after July 1, 2021, to allocate at least 12 of those funds to local educational agency and mental health partnerships, as specified. The bill would require this funding to be made available to support prevention, early intervention, and direct services, as determined by the commission. The bill would require the commission, in consultation with the Superintendent of Public Instruction, to consider specified criteria when determining grant recipients. The bill would require the commission to provide a status report to the fiscal and policy committees of the Legislature, as specified, no later than March 1, 2022.

Vetoed Sep 29, 2018 1 co-sponsor
Primary AB 2798
Signed into law · California Assembly · Lead sponsor
Hospitals: licensing.

Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, duties relating to the licensing and regulation of health facilities, as defined. This bill would prescribe timelines for the department to approve a written application submitted by a general acute care hospital or an acute psychiatric hospital to, among other things, modify, add, or expand a service or program. The bill would require the department to complete its evaluation and approve or deny an application within 100 days of receipt of the application. The bill would require the department to approve a written application to expand a service that is currently being provided within 30 business days of receipt of the completed application, unless the hospital is out of compliance with existing laws governing the service to be expanded. Under the bill, an approved expanded service would remain licensed for not more than 18 months, unless the department approves the license for a longer period. The bill would require the department to develop a centralized applications advice program to assist hospitals in identifying and completing the correct paperwork and other requirements necessary to modify, add, or expand a service or program. The bill would require the department, on or before December 31, 2019, to develop an automated application system to process applications. Under the bill, the resources necessary to implement the application process would be made available, upon appropriation, from the Internal Departmental Quality Improvement Account.

Signed into law Sep 29, 2018 0 co-sponsors
Co-sponsor SB 1005
Vetoed · California Senate · Co-sponsor
Crime victim compensation: relocation expenses: pet costs.

Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes, including a cash payment or reimbursement not to exceed a specified amount to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. Existing law requires the board to be named as the recipient of funds upon expiration of the victim's rental agreement if a security deposit is required for relocation. This bill would authorize "expenses incurred in relocating" as described above to include a pet deposit and additional rent required if the victim has a pet. The bill would also require the board to be named as the recipient of funds upon expiration of the victim's rental agreement if a pet deposit is required for relocation. By expanding the authorization for use of continuously appropriated funds, this bill would make an appropriation. This bill would incorporate additional changes to Section 13957 of the Government Code proposed by AB 900, AB 1865, and AB 1939 to be operative only if this bill and any or all of those bills are enacted and this bill is enacted last.

Vetoed Sep 28, 2018 1 co-sponsor
Co-sponsor SB 1017
Signed into law · California Senate · Co-sponsor
Commercial fishing: drift gill net shark and swordfish fishery: permit transition program.

(1) Existing law prohibits a person from using or operating, or assisting in using or operating, a boat, aircraft, net, trap, line, or other appliance to take fish for commercial purposes unless the person holds a commercial fishing license issued by the Department of Fish and Wildlife. Existing law prohibits the taking of shark and swordfish for commercial purposes with drift gill nets except under a valid drift gill net shark and swordfish permit (DGN permit) issued to that person that has not been suspended or revoked and is issued to at least one person aboard the boat, except as provided. Existing law authorizes the Director of Fish and Wildlife to close the drift gill net shark and swordfish fishery if, after a public hearing, the director determines the action is necessary to protect the swordfish or thresher shark and mako shark resources and requires the director to reopen the fishery if he or she determines that the conditions that necessitated the closure no longer exist. Existing law authorizes a DGN permit to be transferred to another person under certain circumstances. Under existing law, a violation of these provisions is a crime. The California Ocean Protection Act creates the California Ocean Protection Trust Fund in the State Treasury and authorizes moneys deposited in the fund, upon appropriation by the Legislature, to be expended by the Ocean Protection Council for, among other things, grants or loans to public agencies, nonprofit corporations, or private entities for, or direct expenditures on, projects or activities that protect, conserve, and restore coastal waters and ocean ecosystems including through the acquisition from willing sellers of vessels, equipment, licenses, harvest rights, permits, and other rights and property, to reduce threats to ocean ecosystems and resources. This bill would require the department by March 31, 2020, to establish a voluntary permit transition program that includes specified conditions, including a condition that a permittee who voluntarily surrenders his or her DGN permit and shark or swordfish gill net or nets receive, to the extent that funds for the transition program are available, a specified payment, as prescribed. The bill would require the department to enter into an agreement with a fiscal agent, as defined, for the fiscal agent to receive state and nonstate funds for purposes of the transition program and, upon receipt of adequate funds, to make the payment to a participating permittee. If the department enters into an agreement with a fiscal agent that is a state entity, the bill would continuously appropriate any funds received from nonstate sources to that state entity for purposes of the transition program. The bill would require the Ocean Protection Council to use $1 million of an appropriation made to it in the Budget Act of 2018 for whale and sea turtle entanglement to fund the transition program. The bill would require the department to notify the Legislature within 10 days of the date that the fiscal agent receives $1 million from nonstate sources and secures $1 million through an agreement with the Ocean Protection Council. The bill would require a DGN permit issued pursuant to these provisions to be surrendered or revoked as of January 31 of the 4th year following the department's notification to the Legislature. Because a violation of this provision would be a crime, the bill would impose a state-mandated local program. The bill would, beginning March 31, 2019, prohibit the transfer of a DGN permit. The bill would provide that the provisions dealing with the drift gill net shark and swordfish fishery do not create or recognize a property right in fish expected to be caught using a DGN permit. (2) Existing law establishes a swordfish permit that authorizes a person holding that permit to take, possess aboard a boat, and land swordfish for commercial purposes using specified methods but not including use of a drift gill net. Existing law establishes a fee of $330 for a swordfish permit, as adjusted pursuant to the above-described index, but exempts the holder of a DGN permit from payment of that fee. This bill would also exempt any person who participates in the permit transition program established by the department from payment of the fee for a swordfish permit. (3) Existing law makes it unlawful to use fishing lines, including, but not limited to, troll lines and handlines more than 900 feet in length unless they are used as set lines, as specified. This bill would also exempt from this prohibition fishing lines more than 900 feet in length if they are used as part of deep-set buoy gear authorized under federal law. (4) 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.

Signed into law Sep 27, 2018 1 co-sponsor
Co-sponsor SB 918
Signed into law · California Senate · Co-sponsor
Homeless Youth Act of 2018.

Existing law establishes various programs, including, among others, the Emergency Housing and Assistance Program, homeless youth emergency service pilot projects, and Housing First and the Homeless Coordinating and Financing Council, to provide assistance to homeless persons. Existing law establishes the council to oversee the implementation of the Housing First guidelines and regulations, and, among other things, identify resources, benefits, and services that can be accessed to prevent and end homelessness in California. This bill would require the council to assume additional responsibilities, including setting specific, measurable goals aimed at preventing and ending homelessness among youth in the state and defining outcome measures and gathering data related to those goals. The bill would also require the council, in order to coordinate a spectrum of funding, policy, and practice efforts related to young people experiencing homelessness, to coordinate with certain stakeholders and, to the extent that funding is made available, provide technical assistance and program development support.

Signed into law Sep 27, 2018 1 co-sponsor
Co-sponsor AB 3176
Signed into law · California Assembly · Co-sponsor
Indian children.

(1) Existing federal law, the Indian Child Welfare Act of 1978 (ICWA) , governs the proceedings for determining the placement of an Indian child when that child is removed from the custody of his or her parent or guardian. Existing law specifies that the state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices in accordance with ICWA. Existing law requires a court in all Indian child custody proceedings to, among other things, comply with ICWA. Under existing law, a determination by an Indian tribe that an unmarried person who is under 18 years of age, is either a member of an Indian tribe, or is eligible for membership in an Indian tribe and a biological child of a member of an Indian tribe, constitutes a significant political affiliation with the tribe and requires application of ICWA to the proceedings. Under existing law, a court, a county welfare department, and the probation department have an affirmative and continuing duty to inquire as to whether a child is or may be an Indian child in all dependency proceedings and in any juvenile wardship proceeding if the child is at risk of entering foster care or is in foster care. Under existing law, if a court, social worker, or probation officer knows or has reason to know that an Indian child is involved in a custody proceeding, a notice meeting specified requirements is required to be sent to the minor's parents or legal guardian, Indian custodian, and the minor's tribe. Existing law also requires the notice to be sent to all tribes of which the child may be a member or eligible for membership, as provided. In accordance with federal law, this bill would revise and recast those provisions. Among other things, the bill would revise the specific steps a social worker, probation officer, or court is required to take in making an inquiry of a child's possible status as an Indian child. The bill would also revise the various notice requirements that are mandated during an Indian child custody proceeding, including a proceeding for an emergency removal of an Indian child from the custody of his or her parents or Indian custodian. The bill would require the State Department of Social Services to adopt any regulations necessary to implement these provisions, and would require the Judicial Council to adopt any forms or rules of court necessary to implement these provisions. The bill would make other conforming changes. (2) This bill would incorporate additional changes to Section 212.5 of the Welfare and Institutions Code proposed by AB 1930 to be operative only if this bill and AB 1930 are enacted and this bill is enacted last. (3) This bill would incorporate additional changes to Section 361.2 of the Welfare and Institutions Code proposed by AB 1930 to be operative only if this bill and AB 1930 are enacted and this bill is enacted last. (4) By increasing the duties on county welfare departments, this bill would impose 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.

Signed into law Sep 27, 2018 1 co-sponsor
Co-sponsor AB 1747
Signed into law · California Assembly · Co-sponsor
School safety plans.

(1) Existing law provides that it is the intent of the Legislature that all public schools, in kindergarten, and grades 1 to 12, inclusive, operated by school districts, in cooperation with specified entities and individuals, develop a comprehensive school safety plan, as provided. Existing law provides that school districts and county offices of education are responsible for the overall development of a comprehensive school safety plan for each of its schools, as provided. Existing law requires the schoolsite council of a school, except as provided for a small school district, to write and develop the comprehensive school safety plan relevant to the needs and resources of that particular school. This bill would provide that it is the intent of the Legislature that all public schools, in kindergarten, and grades 1 to 12, inclusive, operated by school districts, including in cooperation with classified employees, develop a comprehensive school safety plan, and that all school staff be trained on this plan. Existing law requires the schoolsite council to consult with a representative from a law enforcement agency in the writing and development of the comprehensive school safety plan. Existing law requires the comprehensive school safety plan to contain certain things including assessing the current status of school crime committed on school campuses. Existing law authorizes a school district or county office of education to, in consultation with law enforcement officials, elect to not have its schoolsite council develop and write those portions of its comprehensive school safety plan that include tactical responses to criminal incidents, as defined, that may result in death or serious bodily injury at the schoolsite. This bill would require the schoolsite council to additionally consult with a fire department and other first responder entities in the writing and development of the comprehensive school safety plan and would require the comprehensive school safety plan and any updates made to the plan to be shared with the law enforcement agency, the fire department, and the other first responder entities. By expanding the responsibility of a school district or county office of education with respect to the development of a comprehensive school safety plan, the bill would impose a state-mandated local program. Existing law requires the comprehensive school safety plan to include the identification of appropriate strategies and programs that will provide or maintain a high level of school safety, which is required to include the development of disaster procedures, including establishing an earthquake emergency procedure system in every public school building, as provided. Existing law requires the system to include a school building disaster plan. Existing law requires each school to forward its comprehensive school safety plan to the school district or county office of education for approval. This bill would require the comprehensive school safety plan to additionally include procedures for conducting tactical responses to criminal incidents, as provided. By imposing additional duties on school districts and county offices of education regarding the development of comprehensive school safety plans, the bill would impose a state-mandated local program. The bill would require the State Department of Education to provide general direction to school districts and county offices of education on what to include in the school building disaster plan. The bill would also require the department to develop and post on its Internet Web site best practices for reviewing and approving school safety plans. The bill would additionally require the department to maintain and conspicuously post on its Internet Web site a compliance checklist for developing a comprehensive school safety plan, and would require the department to update the checklist when necessary. The Charter Schools Act of 1992 provides for the establishment and operation of charter schools, including countywide charter schools, and requires a petition for the establishment of a charter school to contain comprehensive descriptions of various matters and procedures, including procedures that the charter school will follow to ensure the health and safety of pupils and staff. This bill would require these procedures to also require the development of a school safety plan, as provided, and that the school safety plan be reviewed and updated by March 1 of every year by the charter school. To the extent the bill would impose additional duties on county boards of education, the bill would impose a state-mandated local program. (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, 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 the statutory provisions noted above.

Signed into law Sep 27, 2018 1 co-sponsor
Co-sponsor SB 1004
Signed into law · California Senate · Co-sponsor
Mental Health Services Act: prevention and early intervention.

Existing law, the Mental Health Services Act (MHSA) , an initiative measure enacted by the voters by Proposition 63 at the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs by imposing a tax of 1% on annual incomes above $1,000,000. The MHSA establishes the Mental Health Services Oversight and Accountability Commission to oversee various parts of the act, as specified. Under the MHSA, funds are distributed to counties to be expended pursuant to a local plan for specified purposes, including, but not limited to, prevention and early intervention. Existing law specifies that prevention and early intervention services include outreach, access, and linkage to medically necessary care, reduction in stigma, and reduction in discrimination. The MHSA permits amendment by the Legislature by a 23 vote of each house if the amendment is consistent with, and furthers the intent of, the MHSA. This bill would require the commission, on or before January 1, 2020, to establish priorities for the use of prevention and early intervention funds and to develop a statewide strategy for monitoring implementation of prevention and early intervention services, including enhancing public understanding of prevention and early intervention and creating metrics for assessing the effectiveness of how prevention and early intervention funds are used and the outcomes that are achieved. The bill would require the commission to establish a strategy for technical assistance, support, and evaluation to support the successful implementation of the objectives, metrics, data collection, and reporting strategy. The bill would amend the Mental Health Services Act by requiring the portion of the funds in the county plan relating to prevention and early intervention to focus on the priorities established by the commission. The bill would authorize a county to include other priorities, as determined through the stakeholder process, either in place of, or in addition to, the established priorities. If the county chooses to include other programs, the bill would require the plan to include a description of why those programs are included and metrics by which the effectiveness of those programs are to be measured. The bill would authorize counties to act jointly to meet specified requirements. The bill would require the commission to review the plans and approve them if they meet specified requirements. This bill would declare that its provisions further the intent of the MHSA. By requiring counties to include additional information in their local plans, this bill would impose 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, 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 the statutory provisions noted above.

Signed into law Sep 27, 2018 1 co-sponsor
Primary AB 1933
Signed into law · California Assembly · Lead sponsor
Greenhouse Gas Reduction Fund: recycling infrastructure projects.

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board as a part of the market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund. Existing law requires the Department of Resources Recycling and Recovery, with additional moneys from the Greenhouse Gas Reduction Fund that may be appropriated to the department, to administer a grant program to provide financial assistance, in the form of grants, incentive payments, contracts, or other funding mechanisms, to reduce emissions of greenhouse gases by promoting the in-state development of infrastructure, food waste prevention, or other projects to reduce organic waste or to process organic and other recyclable materials into new value-added products. Existing law specifies eligible uses that qualify for in-state infrastructure projects or other projects that reduce emissions of greenhouse gases as part of these funding mechanisms. Existing law specifies eligible infrastructure projects that reduce emissions of greenhouse gases. This bill would additionally specify as an eligible use for in-state infrastructure projects or other projects that reduce emissions of greenhouse gases activities that expand and improve waste diversion and recycling, including the recovery of food for human consumption and food waste prevention. The bill would additionally specify that eligible infrastructure projects that reduce emissions of greenhouse gases include the expansion of facilities for the processing of recyclable materials and projects to improve the quality of recycled materials.

Signed into law Sep 27, 2018 0 co-sponsors
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