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Current AdvocacyDear members, As a service to our member programs, we want to share the following information about California bills in this session. Please feel free to share this information with your staff. If you would like to set up an alert on any of these bills, go to http://www.leginfo.ca.gov/bilinfo.html, search for the bill, then click subscribe. You will get occasional updates when the bill's status has changed. If you or your staff would like to write a letter of support or opposition to your legislator, you can search for the legislator contact information here: http://findyourrep.legislature.ca.gov/. LAAC gets a lot of our information from Around the Capitol. We highly recommend you check out the site and their daily newsletter, the Nooner, if you want to follow Sacramento politics.
If you work at an LSC-funded program, as a reminder, staff is prohibited from speaking with legislators without a specific invitation to comment from that legislator. Many legislators have requested comments from LSC-funded programs, and LAAC tracks all legislator letters requesting information--to the best of LAAC's knowledge. If you have any questions, please contact Salena Copeland, LAAC directing attorney, at scopeland@laaconline.org.
LAAC-Supported Bills
Update 5/1: This bill passed out of Assembly Committee on Labor and Employment and is currently in the Assembly Appropriations Committee.
This bill would increase the state minimum wage in increments. Fact Sheet Sample Letter of Support from Alejo.
Update 5/1: Currently in Assembly Appropriations Committee
This bill would change the definition of undue influence to mean excessive persuasion that causes another person to act or refrain from acting and results in inequity. Analysis Template Letter of Support to Assembly Appropriations
Update 5/1: This bill passed out of Assembly Judiciary Committee and is currently in the Assembly Appropriations Committee.
This bill would protect more property from the enforcement of a monetary judgment against a debtor. AroundTheCapitol.com has a great summary through the legtrack link. Fact Sheet
Update 5/2: This bill passed out of Assembly Judiciary Committee and is currently in the Assembly Appropriations Committee.
This bill would prohibit a state or local agency from asking an applicant to disclose information regarding a criminal conviction, except as specified in the bill, until after the applicant's qualifications for the position have been determined to meet the requirements for the position. LAAC member program Legal Services for Prisoners with Children is a major sponsor of this bill. Press release
Update 5/2: This bill passed the Assembly and is now in the Senate Judiciary Committee.
This bill would prohibit the issuance of an earnings withholding order for purposes of collecting debt on a student loan that is not made, insured, or guaranteed by the United States Government pursuant to the Federal Family Education Loan Program or the William D. Ford Federal Direct Loan Program. Fact Sheet LAAC's letter Template Letter for you to use Analysis
Update 5/2: This bill passed the Assembly and is now in the Senate Judiciary Committee.
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 the lawyer referral service from disclosing, a confidential communication between the client and the lawyer referral service. The bill would further provide that the lawyer referral service-client privilege may be waived in accordance with existing law. Fact Sheet Analysis Template Letter for you to use
Update: LAAC may withdraw support if a more restrictive definition of disability is included in any amendments. The author's definition of disability does not line up with California's definition of disability. This bill asks that disability and veteran status be added to the demographic data collected from California judicial candidates. Fact Sheet Sample Letter of Support from Disability Rights Legal Center. Instructions from DRLC: Please fax letters of support to the Assembly Judiciary Committee (916-319-2188) and email to DRLC staff Jen Flory (jen.flory@lls.edu) and to the Assembly Judiciary Committee Chair, Robert Wieckowski, care of his secretary, Cindy Morante (cindy.morante@asm.ca.gov).
Update: Hearing was held on April 30 and passed out of Assembly Judiciary Committee. Click here to view an analysis. The bill is currently with the Assembly Appropriations Committee. This bill would declare the intent of the Legislature that every effort be made to recruit and retain qualified interpreters to work in the state courts, and that the Judicial Council make further efforts to improve and expand court interpreter services and address the shortage of qualified court interpreters. Fact Sheet Template Letter for you to use
Update: Bill failed in committee April 17, reconsideration granted for next year.
This bill could significantly curb the payday lending that occurs in California. There is an existing coalition supporting the bill. For updates, or to sign your organization on as a supporter, please go to coalition-against-pay-day-predators.org/.
Update: Passed out of Senate Judiciary Committee, now in Senate Appropriations.
This bill would require the Judicial Council to select up to five (5) courts to participate in a pilot project, to commence on July 1, 2014, to provide interpreters in civil proceedings. The bill would provide that the initial pilot courts participate until June 30, 2016, and would require the Judicial Council to consider whether a pilot court should continue participating in the project and whether to select another court or additional courts.
LAAC-Monitored Bills The LAAC Advocacy Committee will soon meet to decide whether to take a position on the following bills. Until then, we are watching them and tracking their progress. We have posted fact sheets and other resources if we have access to them.
Update 5/2: This bill passed out of Assembly Judiciary Committee and is currently in the Assembly Appropriations Committee.
This bill would enact the Homeless Person's Bill of Rights and Fairness Act, which would provide that no person's rights, privileges, or access to public services may be denied or abridged because he or she is homeless, has a low income, or suffers from a mental illness or physical disability. The bill has additional protections and provisions related to discrimination. Fact Sheet
Update 5/15: This bill passed out of Assembly Judiciary, Transportation, and Appropriations Committees. LAAC is currently working with Hernandez' staff to include additional language about immigration consultants. Analysis
Update: Bill failed in committee April 9, reconsideration granted for next year.
This bill would allow a court to use electronic recording equipment in a family law case if an official reporter or an official reporter pro tempore is unavailable. Fact Sheet
Among other changes, this bill would require that the report of the official court reporter or official court reporter pro tempore be transcribed and certified by a certified shorthand reporter, as defined, in order to qualify as prima facie evidence of that testimony and proceeding. Fact Sheet Analysis
Update: Hearing set for May 7 cancelled at the request of the author. This bill would provide that a newspaper that is available on an Internet Web site may also qualify as a newspaper of general circulation, provided that newspaper meets certain criteria. Fact Sheet
Update 5/16: This bill passed out of the Assembly and is now in the Senate. This bill would allow the State Bar of California more power over the Unauthorized Practice of Law.
This bill would require the court, in setting the amount of an award of attorney's fees to a prevailing party, to determine a lodestar, as defined, and an adjustment pursuant to specified procedures.
Update: Currently in Assembly Judiciary Committee This bill would allow the State Bar Board of Trustees to charge attorney dues for membership. The State Bar Board of Trustees voted to add a $50 opt-out amount in the 2014 dues statement to benefit legal services programs.
Update: Currently in the Assembly National Housing Law Project recommends supporting this bill that would amend the early lease termination law, CA Civil Code 1946.7, in three important ways: Survivors of human trafficking. SB 612 would extend Civil Code 1946.7’s protections to survivors of human trafficking so that they may terminate a lease with documentation of abuse. The current law covers survivors of domestic violence, sexual assault, stalking and elder abuse.
Documentation. Currently, survivors can only use the law to break the lease if they have a police report or restraining order. The legislation would amend the law to allow documentation from a qualified third party, including a medical professional and a domestic violence or sexual assault counselor or caseworker.
Confidentiality. To protect the safety of survivors, SB 612 would ensure that documentation of abuse remains confidential, except in two limited situations: when the tenant consents in writing to the disclosure and when the disclosure is required by law or a court order. The existing law does not include any confidentiality provisions.
LAAC-Opposed Bills
Update: Hearing occurred on April 30. Click here for an analysis. This bill failed passage in committee, and reconsideration was granted for next year.
This bill would allow the appeal of an order granting or denying class action certification, at the discretion of the Court of Appeal.
LAAC is not taking a position on the following bills
LAAC's Advocacy Policy often guides the Advocacy Committee to not take an official position on a bill, even when we as an organization support or oppose a bill based on our work. We include information on these bills below.
This bill is related to AB 218 (Dickinson) and would prohibit the state from contracting with a person or entity that inquires into or considers the criminal history of a potential employee on an initial employment application, though that person or entity may consider the criminal history after the initial employment screening. The bill also states that removing barriers to employment is a matter of statewide concern. Fact Sheet Analysis
This bill gives additional protections to tenants regarding payment of rent and breach of obligations. Fact Sheet
This bill would implement statewide a previous pilot project to help identify veterans and their dependents and assist them in obtaining federal veteran health care benefits. Fact Sheet
This bill would require the creation of a Medi-Cal Patient-Centered Communication Program. More information on the bill can be found through AroundtheCapitol.com's legtrack link. LAAC has been asked to share a template letter of support, created by the United Domestic Workers of America. If you have any clients who are interested in testifying or writing their legislator about this bill, please contact Salena at scopeland@laaconline.org, and she will put you in contact with the UDWA.
Other Resources
LAAC recommends resources from the following organizations and agencies. Center for Elder Abuse and Neglect at the University of California, Irvine published an issue brief on elder abuse and related legislation. California Partnership to End Domestic Violence CPEDV tracks California legislation on its website and offers fact sheets and its position on bills. Center for Human Rights and Constitutional Law has an update for both California and federal bills in 2013. Disability Rights California has legislative recommendations on issues affecting people with disabilities. Judicial Branch of California, Office of Governmental Affairs, has updates on court-related legislation. Western Center on Law and Poverty Western Center's legislative blog has great resources and updates on both California and federal legislation. --------------------------------
Note: You can check out our 2012 Advocacy here.
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