2003 – 2004 Legislation
Biotechnology
ACR 252 – Streamlined Intellectual Policy
Requests the California Council on Science and Technology to create a special study group to develop recommendations to the Governor and the State Legislature on how the State should treat intellectual property made under State contracts, grants, and agreements.
Status: Chaptered by Secretary of State. Chapter 190, Statutes of 2004
Childcare
AB 366 – Childcare Substitute Employees Registry
Requires the Department of Social Services to operate the Substitute Employee Registry (SER) pilot program in San Mateo County to provide clearance for temporary child care employees until January 1, 2007.
Status: Vetoed by Governor
AB 379 – Family Child Care Home Education Networks
Establishes family child care home education networks, within the Child Care and Development Services Act, to support educational objectives for children in licensed family child care homes.
Status: Signed by the Governor. Chapter 897, Statutes of 2004.
AB 529 – Kindergarten Age Exemption
Allows one child enrolled in kindergarten to be treated the same as a child aged six or order for purposes of allowing a family childcare provider to reach maximum attendance with respect to the number of children who can be cared for by family day care homes.
Status: Signed by the Governor. Chapter 744, Statutes of 2003.
Education
AB 264 – Education Finance
Allows South San Francisco Unified School District to deposit up to 25% of the proceeds of the sale of surplus school property into the school district general fund and to use those proceeds for any onetime expenditure of the school district.
Status: Signed by the Governor. Chapter 891, Statues of 2003.
Environment
AB 332 – Airports: Land Use Commissions
Requires local agencies, including school districts, to notify the Airport Land Commission (ALUC) and Department of Transportation before overruling an airport’s comprehensive land use plan. Also, discourages incompatible land uses near airports.
Status: Signed by the Governor. Chapter 351, Statutes of 2003.
Housing and Community Development
AB 269 – Redevelopment: San Mateo County
Allows redevelopment agencies within San Mateo County to use their Low and Moderate Income Housing Funds (L & M Funds) to be used for low or moderate income housing projects along the CalTrain transit corridor.
Status: Signed by the Governor. Chapter 869, Statutes of 2004.
AB 304 – Housing Downpayment Assistance
Increases the amount of downpayment assistance from 3% to 6% of the home sale price that can be provided under the Homeownership In Revitalization Areas Program (HIRAP) and the Extra Credit Teachers Program administered by the California Housing Finance Agency (CalHFA). Also, allows CALHFA to provide mortgage assistance to homebuyers making more than 120% of the area median income if necessary, to meet requirements for participation in an affordable housing program offered by Fannie Mae and Freddie Mac.
Status: Signed by the Governor. Chapter 553, Statutes of 2003.
AB 1034 – Housing: Building Standards
Updates and strengths existing code enforcement laws to improve the enforcement of residential buildings codes and assist localities conserve existing housing stock. Identifies and corrects various laws that are either out-of-date or which require strengthening because they no longer deter code violations.
Status: Signed by the Governor. Chapter 474, Statutes of 2003.
AB 305 – Density bonuses: Child Care Facilities
Requires a city or county to grant an additional density bonus, concession, or incentive to a developer of housing, otherwise entitled to a density bonus or other incentive if that developer includes a child care facility as part of the housing development, unless the city or county makes finding that the existing area has adequate child care facilities.
Status: Signed by the Governor: Chapter 465, Statutes of 2003.
AB 1195 – Local Government – Open Space
Prohibits the Midpeninsula Regional Open Space District from exercising the power of eminent domain to acquire any real property or interest in real property in the San Mateo County Coastal Annexation Area.
Status: Signed by the Governor. Chapter 27, Statutes of 2004.
AB 2348 – Housing Allocation Adjustments
Makes various changes to the housing element law to facilitate the development of affordable housing by making planning more meaningful and strengthening protections against arbitrary projects denials.
Status: Signed by the Governor. Chapter 724, Statutes of 2004.
Human Services
AB 528 – Alzheimer’s Treatment Centers
Encourages residential care facilities for the elderly (RCFE) to include information on “sundowning” as part of the training for direct care staff and in the plan of operation, a brief description explaining activities available for residents, including increasing outdoor activities in appropriate weather conditions.
Status: Signed by the Governor. Chapter 383, Statutes of 2003.
AB 1799 – Alzheimer’s Tax Check-Off
Extends the sunset date for the Alzheimer’s disease income tax check-off from January 1, 2005 to January 1, 2010.
Status: Signed by the Governor. Chapter 370, Statutes of 2004.
Labor & Employment
AB 266 – County Employees’ Retirement: San Mateo County: Death Benefits
Authorizes the San Mateo County Board of Supervisors to elect to phase-in benefits to the surviving domestic partner of a member of the county’s retirement system, through collective bargaining and based on actuarial cost estimates.
Status: Signed by the Governor. Chapter 279, Statutes of 2003.
AB 268 – State Employment: Supervisorial Training
Requires that the training provided to newly appointed state supervisors include training on employment law relating to persons with disabilities. The California Fair Employment and Housing Act (FEHA) significantly changed the California employment laws, resulting in broader protection for individuals with disabilities and imposing individual liability for failure to comply.
Status: Signed by the Governor. Chapter 165, Statutes of 2003.
AB 398 – County Employees Retirement: County of San Mateo
Authorizes the Board of Supervisors of San Mateo County, by resolution, ordinance, contract or contract amendment, to provide retirement benefits for specified general members or safety members.
Status: Signed by the Governor. Chapter 96, Statutes of 2003.
Public Safety
AB 1240 – Care Facilities: Criminal Records Clearance
Increases the civil penalty from $100 per violation to $100 per violation, per day, for a maximum of 5 days, or for a maximum of 30 days in the case of a 2nd or subsequent violation, for failure to obtain a criminal record clearance or an exemption before an individual’s initial presence in a community care facility licensed by the Department of Social Services. Also, requests the Department of Justice to allow either the Department or the County to receive federal and state summary criminal history information for an applicant, including subsequent arrest and conviction notifications.
Status: Signed by the Governor. Chapter 653, Statutes of 2004.
Retirement
AB 1852 – Teacher’s Retirement
Eliminates the minimum age requirement for qualified members of CalSTRS to receive an earned longevity bonus as a lump sum payment. Allows members of STRS to purchase prior military service that oc0304s between September 11, 2001 and July 30, 2005 without paying the employee contribution.
Status: Signed by the Governor. Chapter 935, Statutes of 2004.
AB 3076 – State Teachers’ Retirement Law: Part-Time Community College Faculty
Excludes community college faculty members who are classified as temporary employees from mandatory membership in the CalSTRS Defined Benefit Program as of July 1, 2005
Status: Signed by the governor. Chapter 474, Statutes of 2004.
Veterans Affairs
AB 1036 – Veterans: Cal-Vet Loans
Allows the California Department of Veterans Affairs, under the Cal-Vet Home Loan Programs, to set the farm loan maximum at an amount not to exceed 150% of the home loan maximum and the maximum loan for a mobile home sited in a rental park to $125,000. Also, waives down payment for a loan guaranteed by the U.S. Department of Veterans Affairs and offers initial down-payment assistance for lower income first-time homebuyer veterans who may not have the immediate means to make the initial payment, but show a stable employment record and potential for increased earning power.
Status: Signed by the Governor. Chapter 441, Statutes of 2003.
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