Bill Text: CA AB474 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: California Coastal Commission: ex parte communications: disclosure forms.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-07-16 - Chaptered by Secretary of State - Chapter 125, Statutes of 2014. [AB474 Detail]

Download: California-2013-AB474-Amended.html

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BILL NUMBER: AB 474	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 6, 2014

INTRODUCED BY   Assembly Member Stone

                        FEBRUARY 19, 2013

   An act to amend Section  16516.5 of the Welfare and
Institutions   30324 of the Public Resources  Code,
relating to  child welfare services   coastal
resources  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 474, as amended, Stone.  Child welfare services.
  California Coastal Commission: ex parte
communications: disclosure forms.  
   Existing law, the California Coastal Act of 1976, establishes the
California Coastal Commission and prohibits a member of the
commission from conducting an ex parte communication unless the
commission member fully discloses and makes public the ex parte
communication, as specified. The act further requires the commission
to adopt standard disclosure forms for reporting ex parte
communications that include specified information relating to the
date, time, and location of the communication, the identity of the
person or persons initiating and the person receiving the
communication, and a complete description of the content of the
communication.  
   This bill would revise the information to be included in those
standard disclosure forms to also include the identity of the person
on whose behalf the communication was made, the identity of all
persons present during the communication, and a complete,
comprehensive description of the content of the ex parte
communication, including a complete set of all text and graphic
material that was part of the communication.  
   Existing law requires that all foster children placed in group
homes by county welfare departments or county probation departments
be visited at least monthly by a county social worker or probation
officer, and specifies the funding sources for these monthly visits.
 
   This bill would make a nonsubstantive change to that funding
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 30324 of the   Public
Resources Code   is amended to read: 
   30324.  (a) No commission member, nor any interested person, shall
conduct an ex parte communication unless the commission member fully
discloses and makes public the ex parte communication by providing a
full report of the communication to the executive director within
seven days after the communication or, if the communication occurs
within seven days of the next commission hearing, to the commission
on the record of the proceeding at that hearing.
   (b) (1) The commission shall adopt standard disclosure forms for
reporting ex parte communications which shall include, but not be
limited to, all of the following information:
   (A) The date, time, and location of the communication.
   (B)    (i)  The identity of the person or
persons initiating and the person or persons receiving the
communication. 
   (C) A complete description of the content of the communication,
including the complete text of any written material that was a part
of the communication.  
   (ii) The identity of the person on whose behalf the communication
was made.  
   (iii) The identity of all persons present during the
communication.  
   (C) A complete, comprehensive description of the content of the ex
parte communication, including a complete set of all text and
graphic material that was part of the communication. 
   (2) The executive director shall place in the public record any
report of an ex parte communication.
   (c) Communications shall cease to be ex parte communications when
fully disclosed and placed in the commission's official record.

  SECTION 1.    Section 16516.5 of the Welfare and
Institutions Code is amended to read:
   16516.5.  (a) Notwithstanding any other provision of law or
regulation, all foster children placed in group homes by county
welfare departments or county probation departments shall be visited
at least monthly by a county social worker or probation officer. Each
visit shall include a private discussion between the foster child
and the county social worker or probation officer. The discussion
shall not be held in the presence or immediate vicinity of the group
home staff. The contents of the private discussion shall not be
disclosed to the group home staff, except that the social worker or
probation officer may disclose information under any of the following
circumstances:
   (1) The social worker or probation officer believes that the
foster child may be in danger of harming himself or herself, or
others.
   (2) The social worker or probation officer believes that
disclosure is necessary to meet the needs of the child.
   (3) The child consents to disclosure of the information.
   (b) (1) Before the 2011-12 fiscal year, notwithstanding Section
10101, the state shall pay 100 percent of the nonfederal costs
associated with the monthly visitation requirement in subdivision (a)
in excess of the minimum semiannual visits required under current
regulations.
   (2) Notwithstanding subdivision (b), beginning in the 2011-12
fiscal year, and for each fiscal year thereafter, funding and
expenditures for programs and activities under this section shall be
in accordance with the requirements provided in Sections 30025 and
30026.5 of the Government Code.