HomeMy WebLinkAbout2013-05-14 - AGENDA REPORTS - HOMELESS BILL OF RIGHTS (2)Agenda Item: 6
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR City Manager Approval:
Item to be presented by: Casey Bingham
DATE: May 14, 2013
SUBJECT: STATE LEGISLATION: AB 5 (AMMIANO) HOMELESS
PERSON'S BILL OF RIGHTS AND FAIRNESS ACT
DEPARTMENT: City Manager's Office
RECOMMENDED ACTION
City Council adopt the recommendation of the City Council Legislative Committee and adopt an
"oppose" position for Assembly Bill 5 (Ammiano) and transmit letters of opposition to
Assemblyman Ammiano, Santa Clarita's State Legislative delegation, appropriate Legislative
committees, Governor Brown, California Parks and Recreation Society (CPRS), and the League
of California Cities.
BACKGROUND
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 would provide that every person in the state, regardless of actual or perceived
housing status, low income, sexual orientation, gender identity, citizenship, or immigration
status, shall be free from specified forms of discrimination and shall be entitled to certain basic
human rights, including the right to be free from discrimination by law enforcement, in the
workplace, and while seeking services.
The bill would provide that every person has the right to access public property, possess personal
property, access public restrooms, clean water, educational supplies, emergency and
nonemergency health care, confidentiality of medical records, assistance of legal counsel in
specified proceedings, and restitution, under specified circumstances. There are several impacts
to the community and the Los Angeles County Sheriff's Department (LASD) if this bill is
passed. The biggest impacts that will adversely affect our City include:
• The bill would require LASD to make specified information available to the public and
report on an annual basis with regard to enforcement of local ordinances against homeless
persons and compliance with the act, basically imposing a state -mandated local program.
• Usurp local authority by prohibiting the enforcement of existing local ordinances if the
county does not maintain year-round nonmedical assistance and there are fewer than 50
people on the county's public housing waiting list.
• The right to rest and sleep in public places without being questioned by law enforcement;
the right to sleep, sit, lie down, eat, solicit donations, or share food in a public place
without being subject to criminal or civil sanctions.
• The ability to occupy a motor vehicle or a recreational vehicle, either at rest or use for the
purposes of shelter, for 24 hours a day, seven days a week while legally parked on public
property without facing criminal sanctions, or arrest from law enforcement.
• The right to seek self-employment in junk removal recycling that requires the collection,
possession, redemption, and storage of goods for reuse and recycling.
• Access to clean and safe facilities 24 hours a day, seven days•a week including shelters
and drop-in centers that meet basic health, hygiene, and dignity needs.
• Every local government will be required to provide health and hygiene centers available
24 hours a day, seven days a week. The bill states the hygiene centers will be funded by
the State Department of Public Health through the county agencies that oversee public
health programs.
• Provides that every homeless person has the right to assistance of counsel if a county
chooses to initiate judicial proceedings under laws that are often selectively enforced
against homeless people.The county where the citation was issued would be required to
pay the cost of providing legal counsel.
• Provides that any person whose rights have been violated under this bill may enforce that
right in a civil action in which the court may award appropriate relief and damages,
including restitution for loss of property or personal effects and belongings as well as
reasonable attorneys' fees and costs to a prevailing plaintiff.
The City of Santa Clarita believes in the basic rights of homeless individuals and has taken
several steps to assist these individuals. The City has made several community partnerships to
assist the homeless in our community including providing land to the Bridge to Home Winter
Homeless Shelter located on Drayton Street in Newhall and assigning City staff to assist with the
permitting of this facility. The City also awarded Community Development Block Grant (CDBG)
funding to Bridge To Home to operate the Families to Home Program in 2012-2013. The
Families to Home Program provides three months of rental subsidies to low-income or homeless
families or individuals to help set them on the path to permanent sustainable housing.
Lutheran Social Services (LSS) has received CDBG-funding for many years, including
2012-2013, to operate a Homeless Services Program and a Housing Retention Program. The
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Homeless Services Program provides case management and supportive services to homeless
persons and those at -risk of homelessness. The Housing Retention Program provides one-time
rent or move -in assistance to avoid eviction and/or homelessness. The City Council also works
closely with the Santa Clarita Valley Food Pantry to assist those with hunger needs in our
community. In addition, City staff has volunteered on numerous occasions at these facilities.
The City is very supportive of working to assist the homeless population, however, this bill
language will create negative impacts to our community by imposing expensive requirements
upon our community and forces local governments to adopt state -driven mandates to direct their
public properties in an attempt to manage the homeless population.
The City does not have authority over Los Angeles County's actions, however, the City would
have their local authority hindered based on the County's actions if they do not provide and
maintain year-round nonmedical assistance to the homeless.
If AB 5 passed as currently written, our City's parks have the potential to become
around-the-clock homeless encampments. The City would be unable to maintain safe, enjoyable,
and clean parks for our residents. Our public streets would also become potential encampment
locations because of the bill language allowing individuals the right to occupy vehicles, either at
rest or use for the purposes or shelter, for 24 hours a day, seven days a week as long as they are
legally parked on public property without facing criminal sanctions from law enforcement.
The LASD will be forced to reduce criminal patrol'hours in order to comply with the requirement
to annually compile and report statistics on violations related to obstructing a sidewalk, loitering,
sitting, lying down, sleeping in public, soliciting donations, bathing in public places, sleeping in
a vehicle, jaywalking, and trespassing. The City as a whole will be impacted as a result of
allowing anyone the right to rest and sleep in public spaces without being subject to criminal or
civil sanctions, or arrest.
This bill will also increase court costs and inhibit revenue collection by guaranteeing persons the
right to counsel for failure to appear or pay bail, in addition to providing ample opportunities to
file a lawsuit and recover money from the City and LASD.
The City of Santa Clarita recognizes the homeless issue in California and in our local
community, however, a one size fits all approach mandated by the state is not the best remedy for
each individual community. It is for these reasons on May 6, 2013, the City Council Legislative
Committee met and voted to recommend an oppose position to AB 5 to the full City Council at
the May 14 meeting.
ALTERNATIVE ACTIONS
1. Adopt a support position on AB 5.
2. Take no position on AB 5.
3. Other direction as determined by the City Council.
J
FISCAL IMPACT
No additional resources are needed to implement the recommended action.
ATTACHMENTS
AB 5 Text
AB 5 Opposition List
AMENDED IN ASSEMBLY APRIL 8, 2013
CALIFORNIA LEGISLATURE -2013-14 REGULAR SESSION
ASSEMBLY BILL No. 5
Introduced by Assembly Member Ammiano
December 3, 2012
An act to amend Seeti ns 51 and `" of and add Part 2.2
(commencing with Section 53.1) to Division 1 of-, the Givil
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. amend c__.:__ Annn of
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instifutions e of the Civil Code, and to amend Section 11135 of the
Government Cock, relating to homelessness.
LEGISLATIVE COUNSEL'S DIGEST
AB 5, as amended, Ammiano. Homelessness.
Existing law, the Unruh Givil Rights Aet, pretides that all persons
"rkhin the state are ftee and equal, regardless eFtheir sex, raee, eoior,
religion, ancestry, national origin, disability, niedieal eondition, genetie
:nU__nesti__ .Y__:._l stat.._ or
sexual
__:_n._.:__ and
are
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t1_
",—'s ih ail btts*ness e stab' ishments of every kind "hatsoevet-
£xistkig law provides that no person in the state shall, on the basis of
race, national origin, ethnic group identification, religion, age, sex,
sexual orientation, color, genetic information, or disability, be unlawfully
denied full and equal access to the benefits of, or be unlawfully subjected
to discrimination under, any program or activity that is conducted,
operated, of administered by the state or by any state agency, is funded
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directly by the state, or receives any financial assistance from the state.
prevides that the opportunit) to seek, obtain, and hold employment
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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 would provide that every person in the state,
regardless of actual or perceived housing status,'
low income, sexual orientation, gender
identity, citizenship, or immigration status, shall be free from specified
forms of discrimination and shall be entitled to certain basic human
rights, including the right to be free from discrimination by law
enforcement, in the workplace, while �ieeking or m-mitit-HininIff
or shelter-, and while.seeking services. The bill would provide that every
person has the right to access public property, possess personal property,
access public restrooms, clean water, afl;5rdable heusings educational
supplies, as specified, emergency and nonemergency health care,
confidentiality of medical records, assistance of legal counsel in
specified proceedings, and restitution, under specified circumstances.
The bill would provide immunity from
employer retaliation, to a public employee who provides assistance to
a homeless person. The bill would require local law enforcement
agencies to make specified information available to the public and report
to the Attorney General on an annual basis with regard to enforcement
of local ordinances against homeless persons and compliance with the
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act, as specified, thereby imposing a state -mandated local program. The
bill would provide for judicial relief and impose civil penalties for a
violation of the act.
above deseribed existing law provisions on the basis oF"housing StatUST"
would
define
that term to
e
lude homelessness,
and
uld make
This bill Mould require the State Department of Public Health to fund
the provision of health and hygiene centers, as specified, for use by
homeless persons in designated areas.
This bill would provide that its provisions address a matter of
statewide concern. The bill would provide that its provisions are
severable.
With regtwd to ttM)' Othel' IlIfflidateg, this bill would previde that, if the
Genwniss*on on State Mandates determines that the bill eontains eosts
so mandated by the state, reimbursement for these ees : f i s 1 9 h all be made
purstiamit to the stattitery provisions noted abeve.
The California Constitution requires the stale to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
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This bill would provide that, if the Commission on Slate Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
I SECTION 1. This act shall be known and may be cited as the
2 ." Homeless
3 Person's Bill of Rights and Fairness Act.
4 SEC. 2. The Legislature finds and declares all of the following:
5 (a) In the State of California, there has been a long history of
6 discriminatory laws and ordinances that have disproportionately
7 affected people with low incomes and who are without homes,
8 including, but not limited to, all of the following:
9 (1) Jim Crow laws: After the Civil War, many states, especially
10 in the south, passed laws denying African Americans basic human
11 rights. In California, these laws also targeted Chinese immigrants.
12 In San Francisco, Chinese residents were forced to live in one area
13 of the city. The same segregation laws also prohibited interracial
14 marriage between Chinese and non -Chinese persons.
15 (2) Ugly laws: In 1867, San Francisco was the first city in the
16 country to pass a law making it illegal for people with "unsightly
17 or disgusting" disabilities to appear in public. In many cities, these
18 laws persisted until the 1970s.
19 (3) Anti-Okie laws: In 1937, California passed an Anti-Okie
20 law that criminalized "bringing or assisting in bringing" extremely
21 poor people into the state. The United States Supreme Court struck
22 down the law in 1941, when it declared that these laws are in
23 violation of thcGommeree e commerce clause, and therefore
24 unconstitutional.
25 (4) Sundown towns town ordinances: Town policies and real
26 estate covenants were aimed at preventing minorities, homeless
27 persons, and other persons considered to be socially undesirable
28 from remaining within city limits after sunset. Thousands of these
29 towns existed prior to the federal Civil Rights Act of 1968, which
30 made these ordinances and covenants illegal.
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(5) Vagrancy laws: Vagrancy laws have been held to be
discriminatory on their face because they criminalize a person's
status rather than a behavior. Nevertheless, these laws existed in
California until the Legislature revised them in 1961.
(b) ,
and ..:._:'__ of living ordinances, often known as
,.quality of life ordinances" and other similar ordinances, are the
modern reincarnations of laws of this kind. They are designed to
force homeless people to flee local jurisdictions. These local
ordinances result in de facto segregation as homeless people are
forced out of specific jurisdictions or out of specific neighborhoods
within jurisdictions. These diseriminatory policies subjeet
nitinieipality in relief of the diserirninater� legislation. These
practices tend to condemn large groups of inhabitants to dwell in
segregated districts or under depressed living conditions that result
in crowded, unsanitary, substandard, and unhealthful
accommodations. Furthermore, these policies result in
criminalization of homeless persons who ehease not to do not
choose, or are unable, to migrate.
(c) Today, in the state, many people are denied the following:
(1) Housing due to their status of being homeless, living in a
shelter, a vehicle, the street, or the public domain.
(3)
(2) Employment due to their current status of being,homeless
or living in a shelter or a vehicle on the street.
(4)
(3) Housing and employment as a result of not having a fixed
or residential mailing address or having a post office box as a
mailing address.
(4) Equal protection of the laws and due process by law
enforcement and prosecuting agencies.
(6)
(5) The ability to make certain purchases or enter certain contests
as a result of not having a fixed or residential mailing address or
having a post office box as a mailing address.
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(6) Access to safe, clean restrooms, water, and hygienic supplies
necessary to maintain health, safety, and dignity, especially with
the proliferation of closures of public restrooms.
(d) Homeless persons are unfairly targeted by law enforcement,
often resulting in . the violation of the homeless persons'
constitutional rights. Lacking the resources necessary to obtain
adequate legal representation, homeless persons are often denied
relief or damages through the courts.
(e) Homeless persons are often provided aeeommodafions and
shelter by private or publie serviee providers that rarely have
access to shelters, and when shelter is available, its conditions
can be so poor as tojeopardize their health and physical and mental
safety.
(f) Homeless persons are often forced to separate from loved
ones, give up their personal property, abandon pets, and make
other inhumane choices in order to access even minimal shelter.
(g) Lesbian, gay, bisexual, transgender, gender nonconforming
and queer individuals often are forced to accept inappropriate or
unsafe accommodations to access publicly funded emergency
shelters.
(g')
(h) Children in homeless families are denied the ability to
continue receiving education in their preferred school if their
family's shelter lies outside the boundaries of their former district.
(h)
(i) At the present time, many persons have been rendered
homeless as a result of a deep and prolonged economic recession,
a severe shortage of safe and affordable housing, a failed mental
health system, and a shrinking social safety net.
(j) Section 1 of Article I of the California Constitution provides
that "[a]II people are by nature free and independent and have
inalienable rights. Among these are enjoying and defending life
and liberty, acquiring, possessing, and protecting property, and
pursuing and obtaining safety, happiness, and privacy."
whale.
(k) Subdivision (a) of Section 7 of Article I of the California
Constitution provides, in part, that "[a] person may not be deprived
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of life, liberty, or property without due process of law or denied
equal protection of the laws...."
(1) Concordant with this fundamental belief, a person should
not be subject to discrimination based on his or her housing status,
income level,-ftr mental or physical disability, sexual orientation,
gender identity, citizenship, or immigration status. Therefore, it
is the intent of the Legislature in enacting this act to protect the
rights of all Californians, regardless of their housing status, and
to ameliorate the adverse effects
eeni unties "'lien
the residents
aF this stat_ aie L_.v_I..__ of
homelessness on our communities.
SEC. 3. (a) It is the intent ofthe Legislature to enact legislation
that would, except when otherwise not permitted by federal law,
ensure that everyone in the state has the right to all of the
following:
(1) Access to income sufficient for survival, regardless of
employment status or criminal justice background, including, but
not limited to, the right to receive funds through public welfare
programs, private donations, collecting recyclable goods, or
soliciting donations in public spaces.
(2) Safe, decent, permanent, and affordable housing, as soon
as possible, and the right to be free from_furiher dislocation, unless
and until safe, decent, permanent, and affordable housing is
available.
(3) Access to clean and safe facilities 24 hours a day, seven
days a week, with clearly identifiable staff able to react to safety
concerns, including, but not limited to, shelters and drop-in centers
that meet basic health, hygiene, and dignity needs, including any
special needs oJ'lesbian, gay, bisexual, or transgender individuals,
youths, families, or those with mental illness or physical
disabilities. This includes the right of all individuals to secure
shelter without being required to state their gender or to share
confidential health information protected by the federal Health
Insurance Portability and Accountability Act of 1996 (Public Law
104-191).
(4) As a child enrolled in a publicly funded school, be provided
by his or her school with the supplies necessary to promote
academic success, including, but not limited to, backpacks,
textbooks, notebooks, pencils, pens, and appropriate academic
technology.
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(S) Nonemergency health care and access to medical facilities
that provide quality cure for both physical and mental needs.
(6) Access to emergency services, including, but not limited to,
emergency rooms at hospitals, shelters, drop-in centers,
rehabilitation centers, education, and special training, without
the possibility of being denied based on race, color, sex, language,
religion, political or other opinion, national or social origin, sexual
orientation, gender identity, mental or physical disability, income
level, housing status, citizenship, or immigration status.
(b) It is the intent of the Legislature to enact legislation that
would require all state agencies to use the same definition for
"homeless persons or people" as follows: "Homeless" means
those individuals or families who lack a fixed, regular, and
adequate nighttime residence or who have primary nighttime
residence in a shelter, on the street, in a vehicle, in an enclosure
or structure that is not authorized or fit for human habitation,
substandard apartments, dwellings, doubled up temporarily with
friends or families, or staying in transitional housing programs.
"Homeless" also means any person residing anywhere without
tenancy rights, and families with children staying in a residential
hotel whether or not they have tenancy rights.
(c) it is the intent of the Legislature that publicly funded social
and health care services be offered in a sufficient quantity to meet
the population's needs, without barriers, including geographical
barriers, such as making locations inconvenient or creating
screen -out barriers, or prohibiting access due., to,_a person's
inability to provide identification or criminal justice history, or
disability, in order that persons are reasonablyable to reach and
use that service.
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...WIN
11 ... I.
SEC. 4. Part 2.2 (commencing_ with Section.de .
Code,Division I of the Civil
PART 2.2. HOMELESS PERSONS
purposesof this part,. .
apply:
that
(a) "Access," as applied to an existingfacility, service, or public
space means the ability and permission to enter and make use of
the _facility, service, or public space. Otherwise, "access" means
the offering or availability of a facility or service.
(b) `BID" means a business improvement district, as established
under Chapter 2 (commencing with Section 36520) of Part 6 of
Division 18 of, or Chapter 2 (commencing with Se 36620) of
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Part 7 of Division 18 of, the Streets and Highways Code, or any
public-private partnership established under any municipal or
county law authorized under Chapter I (comunencing with Section
36.100) q/Part 6 of Division 18 of, or Chapter 1 (commencing with
Section 36600) of Part 7 of Division 18 of, the 'Streets and
Highways Code, whether or not the phrase "business improvement
district " is part of the public-privale partnership's name.
(c) `BID agent" means any person hired by a business
ttnprevement distr iet BID or any other public-private partnership
similar to a business improvement district.
(d) "Damages" means, but is not limited to, losses.
(e) "Harassment" means any behavior
that is meant to
intimidate or otherwise persuade an individual to alter his or her
behavior, whether or not otherwise lawful.
(f) "Ilemeless" "Homeless persons" or "homeless people"
means those individuals or families whe laek lacking a fixed,
regular, and adequate nighttime residenee and ...h_ have residence,
or having a primary nighttime residence in a shelter, on the street,
in a vehicle, in an enclosure or structure that is not authorized or
fit for human habitation, in a substandard
doubled tip apartment, dwelling staying temporarily with friends
or families, or staying in transitional housing programs-
or
residing anywhere without tenancy rights, and', families with
children staying in a residential hotel whether or not they have
tenancy rights.
(g) "Housing status" means the status of having or not having
a fixed or regular residence, including the status of living -en -the
streets outdoors, in a vehicle, or in a homeless shelter, or similar
temporary residence or elsewhere in the public domain.
(h) "Lack of permanent mailing address" means the absence of
an address fixed to a permanent home, and may include, but is not
limited to, post office boxes, addresses of friends or family
members, and shelter addresses.
(i) "Lawful 'representative" means any person who has been
asked to advocate on behalf of a vietim person or any class that a
vte4m-person identifies with, including, but not limited to, a
homeless—vietim's person's retained attorney, a nonprofit
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organization that advocates on behalf of homeless vietims persons,
or a prosecuting attorney upon the request of a homeless V'etimn
person:
0) "Losses" means, but is not limited to, any deprivation of
constitutionally held rights as well as the loss of property or
physical and mental wellbeing.
(k) `Low income " is defined as income at or lower than twice
the federal poverty level as established by the poverty guidelines
updated periodically in the Federal Register by the United States
Department of Health and Human Services under the authority of
Section 9902(2) of Title 42 of the United States Code.
(1) "Public service" means any program or activity that is
conducted, operated, or administered by the state, any state agency,
or local government agency, is funded directly by the state or any
local government, or received any financial assistance from the
state or any local government.
(m) "Public space" means any space that is predominantly within
the public domain or that is held open to the public, including, but
not limited to, plazas, courtyards, parking lots, sidewalks, public
transportation, public buildings ander and parks. "Public
space" may also refer to those places that receive additional
services through business improventent distriets BIDS or other,
similar public-private partnerships.
(i)
(n) "Rest" means the state of not moving, holding certain
postures that include, but are not limited to, sitting, standing,
leaning, kneeling, squatting, sleeping, or lying.
fM)
(o) "Soliciting donations" means asking for money, which
includes panhandling.
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53.2. (a) Every person in the state, regardless of actual or
perceived housing status, ineorne level, mental
disabilii�; low income, sexual orientation, gender identity,
citizenship, or immigration status, shall have the right to all of the
following basic human rights and legal and civil protections, except
when prohibited by federal law:
(1) The right to use and move freely in the same manner as any
other person in public spaces, including, but not limited to, plazas,
parking lots, public sidewalks, public parks, public transportation,
public streets, and public buildings, in the same manner as any
other person, and without discrimination by law enforcement,
public or private security personnel, or BID agents.
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53.2. (a) Every person in the state, regardless of actual or
perceived housing status, ineorne level, mental
disabilii�; low income, sexual orientation, gender identity,
citizenship, or immigration status, shall have the right to all of the
following basic human rights and legal and civil protections, except
when prohibited by federal law:
(1) The right to use and move freely in the same manner as any
other person in public spaces, including, but not limited to, plazas,
parking lots, public sidewalks, public parks, public transportation,
public streets, and public buildings, in the same manner as any
other person, and without discrimination by law enforcement,
public or private security personnel, or BID agents.
fb3
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(2) The right to rest and sleep in public spaces without being
subject to criminal or civil sanctions, harassment, or arrest by law
enforcement, public or private security personnel, or BID agents,
as long as such rest does not maliciously or substantially obstruct
a passageway.
(e)
(3) The right to own and possess set down or leave at rest
personal property in public spaces without being subject to criminal
or civil sanctions, harassment, or arrest by law enforcement, public
or private security personnel, or BID agents, as long as that
personal property does not maliciously or substantially obstruct a
passageway, or the possession or placement of that personal
property does not deny another of the right to property. This
includes the right to restitution for loss of property or personal
effects and belongings if the property or personal efjects are
confiscated, removed, damaged, or destroyed bylaw enforcement,
public or private security personnel, or BID agents in violation of
this paragraph or any other protections of property" provided under
state or federal law.
(ti)
(4) The right to share, accept, or give food in public spaces
without being subject to criminal or civil sanctions, harassment,
or arrest by law, enforcement, public or private security personnel,
or BID agents.
(5) The right to the same protections that law enforcement
agencies afford to anomer eiiize s the general public, including,
but not limited to, the right to reasonable protection from assault,
domestic violence, sexual assault, nate ei inies, or robberies.
agents'
(6) The right to sleep, sit, lie down, stand, eat, solicit donations,
or share food in a public place or in a vehicle in a public place,
without being subject to criminal or civil sanctions or arrest by
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law enforcement, public or private security personnel, or BID
agents, except that law enforcement may enforce existing local
laws iif all of the following are true: (1) the person's county of
residence maintains 12 months per year of nonmedical assistance
provided for in Section 17000 of the Welfare and Institutions Code
for employable, able-bodied adults without dependents who are
compliant with program rules established by the county, including
work requirements, (2) the locality is not a geographical area
identified by the United States Department ofLabor in accordance
with Subpart A of Part 654 of Section 20 of the Code of Federal
Regulations as an area of concentrated unemployment or
underemployment or an area of labor surplus; and (3) the public
housing waiting list maintained by the county contains fewer than
50 persons.
(7) The right to be self-employed, including, but not limited to,
the right to seek self-employment in junk removal and recycling
that requires the collection, possession, redemption, and storage
ofgoods for reuse and recycling, without being subject to criminal
or civil sanctions, harassment, or arrest by law enforcement, public
or private security personnel, or BLD agents.
(9)
(8) The right to pray, meditate, or practice religion in public
spaces, without being subject to criminal or civil sanctions,
harassment, or arrest by law enforcement, public or private security
personnel, or BID agents.
OWN
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(9) The right t
or not to kito decline admittance to a public or private shelter
or any other accommodation, including social services programs,
for any reason he or she sees fit, without facing criminal or civil
sanctions, harassment, or arrest, or threats of these actions, from
law enforcement, public or private security personnel, or BID
agents.
H
(10) The right to occupy vehieles a motor vehicle, as defined
in Section 415 of the Vehicle Code, or recreational vehicle, as
defined in Section 18010 of the Health and Safety Code, either to
rest, sleep, or use for the purposes of shelter, fiDr 24 hours a day-,
provided that the vehicle is legally parked
on public property, without facing criminal or civil sanctions,
harassment, or arrest, or threats of these actions, from law
enforcement, public or private security personnel, or BID agents.
(P)
(11) If the person is a child or youth, the right to state
federal enforcement of the educational protections under the federal
McKinney-Vento Act (42 U.S.C. Sec. 11432), particularly with
regard to Sections 11432(e)(3)(C)(ii)(I) and 1 1432(e)(3)(C)(ii)(II)
of Title 42 of the United States Code, which provide that a school
shall provide assistance to the parent or guardian of each homeless
child or youth (or, in the case of an unaccompanied youth, the
youth) to exercise the right to attend the parent's or guardian's (or
youth's) choice of school, and a school shall coordinate with the
local educational agency with jurisdiction for the school selected
by the parent or guardian (or youth), to provide transportation and
other necessary services.
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3 ineluding,
but not
:.,Sieal
and mental need�.
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(12) The right to be protected from disclosure of his or her
records and information within from homeless shelters, medical
centers, schools, or any other service provider to law enforcement
agencies without appropriate legal authority, and the right to
confidentiality of personal records and information in accordance
with all limitations on disclosure established by the federal
Homeless Management Information Systems, the federal Health
Insurance Portability and Accountability Act of 1996-(P+-. (Public
Law 104-191), and the federal Violence Against Women Act-(P
(Public Law 103-322).
(0
(13) The right to confidentiality of personal records regarding
housing status, income level, mental illness, -err physical disability,
sexual orientation, gender identity, citizenship, or immigration
status, and to protection from disclosure of-streh'the'information
and records to landlords and employers.
(14) (A) If a county chooses to initiate judicial proceedings
subject to Section 40508 of the Vehicle Code, Section 853.6, 853.7,
or 853.8 of the Penal Code, or any similar law authorizing arrest
for failure to appear or pay bail of the amount listed on the notice
to appear, the defendant shall be guaranteed the right to assistance
of counsel. The accused shall be advised of this right to counsel
before entering a plea, and any waiver of this right shall be explicit.
If the district attorney's office or its agent is representing the state
in any part of an infraction proceeding, the accused shall have the
right to assistance of counsel with regard to that infraction.
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(B) The county where the citation was issued shall pay the cost
ofproviding counsel under this section.
(C) A county shall not use penalties under Section 1214.1 of
the Penal Code or any other civil assessment scheme in the
prosecution of municipal infractions unless the defendant was the
driver of vehicle.
H
(15) The right to assistance of counsel in any civil or criminal
proceeding that may result in commitment to a public health
institution.
("') The right te restitutien for less oF property or personal
eff;�ets and belongings if the preperty or pemenal effeets are
(16) The right to be free from arbitrary arrest, detention, or
deportation, handed over to another law enforcement agency, or
deported, without guarantees necessary for his or her timely
defense.
(b) This section shall not be construed to eliminate any
protection or right to representation available under Sections 5365
and 6500 of the Welfare and Institutions Code.
54-4-
53.3.
4-�
53.3. (a) A public employee shall be .__._tine from _ivi or
eriminal liability, al shall not be retaliated against by his or her
employer, for offering public resources to a homeless person in
order to protect that person from harm, including, but not limited
to, for offering or providing food, blankets, first-aid supplies, or
water.
(b) Any person or organization or water offering food in public
spaces to any person pursuant to this part shall not be subject to
criminal or civil sanctions, arrest, or harassment by law
enforcement, public or private security personnel, or BID agents.
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adid to enstire that the provisions of this part are adequately adhered
1 ,
and other en6ireement aetivities made
as vvell as the houshig status oF these being eited, arrested, or
ageney, shall report this itiftrination to theAtterney General on an
an mal basms.
53.4. (a) Every local government and disadvantaged
unincorporated community within the state shall have sufficient
health and hygiene centers available 24 hours a day, seven days
a week, for use by homeless people. These facilities may be part
of the Neighborhood Health Center Program.
(b) For purposes of subdivision (a), the health and hygiene
centers shall be funded by the State Department of Public Health
through those county agencies that oversee public health programs,
and, at a minimum, shall contain public bathroom and shower
facilities.
(c) The State Department of Public Health shall distribute public
bulletins and notices identifying the facilities to be used as health
and hygiene centers.
(d) For purposes ofthis section, "disadvantaged unincorporated
community " means a fringe, island, or legacy community in which
the median household income is 80 percent less than the statewide
median household income.
53.5. (a) To ensure equitable and cost-effective enforcement
ofihe Homeless Person's Bill of Rights and Fairness Act (Ch.
Stats. 2013), every local law enforcement agency shall annually
compile and review the number of citations, arrests, and other
enforcement activities made pursuant to laws prohibiting the
following:
(l) Obstructing a sidewalk, whether by a person or personal
property.
(2) Loitering.
(3) Sitting.
(4) Lying down.
(5) Camping.
(6) Public lodging, including the prohibition specified in
subdivision (e) of Section 647 of the Penal Code.
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(7) Sleeping in a public place.
(8) Soliciting donations.
(9) Soliciting donations at certain restricted locations, including
citingpeople for panhandling under Section 22520.5 of the Vehicle
Code.
(10) Bathing in public places.
(11) Sharing or receiving food.
(12) Inhabiting or sleeping in a vehicle.
(13) Violating public park closure laws.
(14) Crossing streets or highways at particular locations,
including subdivisions (c) and (d) of Section 21451 of, subdivision
(d) of Section 21453 of, subdivision (b) of Section 21456 of, Section
21461.5 of, subdivision (b) of Section 21950 of, Section 21954 of,
Section 21955 of, and subdivision (a) of Section 21956 of, the
Vehicle Code.
(15) Trespassing, unless the trespassing charge is coupled with
any misdemeanor or felony, except those misdemeanors that are
included in Section 372 of, and subdivisions (h) to 6), inclusive,
and subdivisions (1) and (m), of Section 602 of, the Penal Code.
(16) Any other local or state law enforced against homeless
persons and identified by the Attorney General's office, a city
attorney's office, or any nonprofit organization whose work or
mission includes assistance to research about, or advocate for,
poor and homeless people.
(b) A local law enforcement agency shall make this information
publicly available under the terms set forth in the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code).
(c) A local law enforcement agency shall report the information
specified in this section to the Attorney General's office on an
annual basis.
53.6. (a) Any person whose rights have been violated under
this part may enforce those rights and he or she, or his or her lawful
representative, may file a motion for relief in any trial or appellate
court with jurisdiction over the case as a matter of right. The court
shall act promptly on any motion for relief under this part.
(b) Any civil action alleging a violation of this part may be
brought against any person, entity, public entity, or public
employee. The court may award punitive damages, if applicable,
appropriate injunctive and declaratory relief, actual damages,
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—21— AB5
compensatory damages, general damages, special damages,
exemplary damages, statutory damages of one thousand dollars
($1,000) per violation, if applicable, and reasonable attomeys' fees
and costs to a prevailing plaintiff.
SEG. 3. Seetionen of theGFvmlnode: amended tread:
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—23— AB 5
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-25— AB 5
I Seetion 508 of he f�deral Rehabilitation
Aet of 1973, as amended
2 (29 U.S.G. See. 794d), and replations
implementing that aet as
3 set fi5ilh in Part i 194 of Title 36
of the Federal Gode o
4 Regulations.
5 (3) Any entity that eontretets with a
state ot loettl entity subjeLt
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—33— AB 5
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AB5
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AB 5
—56—
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35 staff=
36 SEC. 5. Section 11135 of the Government Code is amended to
37 read.
38 1 1 135. (a) No person in the State of California shall, on the
39 basis of race, national origin, ethnic group identification, religion,
40 age, sex, sexual orientation, color, housing stales, genetic
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35 staff=
36 SEC. 5. Section 11135 of the Government Code is amended to
37 read.
38 1 1 135. (a) No person in the State of California shall, on the
39 basis of race, national origin, ethnic group identification, religion,
40 age, sex, sexual orientation, color, housing stales, genetic
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—57— AB 5
information, ordisability, be unlawfully denied full and equal
access 'to the. benefits of, or be unlawfully subjected to
discrimination under, any program or activity that is conducted,
operated, or administered by the state or by any state agency, is
funded directly by the state, or receives any financial assistance
from the state. Notwithstanding Section 11000, this section applies
to the California Stale University.
(b) With respect to discrimination on the basis of disability,
programs and activities subject to subdivision (a) shall meet the
protections and prohibitions contained in Section 202 of the federal
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132),
and the federal rules and regulations adopted in implementation
thereof, except that if the laws of this state prescribe stronger
protections and prohibitions, the programs and activities subject
to subdivision (a) shall be subject to the stronger protections and
prohibitions.
(c) (1) As used in this section, "disability" means any mental
or physical disability, as defined in Section 12926.
(2) The Legislature finds and declares that the amendments
made to this act are declarative of existing law. The Legislature
further finds and declares that in enacting Senate Bill 105 of the
2001-02 Regular Session (Chapter 1 102 of the Statutes of 2002),
it was the intention of the Legislature to apply subdivision (d) to
the California State University in the same manner that
subdivisions (a), (b), and (c) already applied to the California State
University, notwithstanding Section 11000. In clarifying that the
California State University is subject to paragraph (2) of
subdivision (d), it is not the intention ofthe Legislature to increase
the cost of developing or procuring electronic and information
technology. The California State University shall, however, in
determining the cost of developing or procuring electronic or
information technology, consider whether technology that meets
the standards applicable pursuant to paragraph (2) of subdivision
(d) will reduce the long-term cost incurred by the California State
University in providing access or accommodations to future users
of this technology who are persons with disabilities, as required
by existing law, including this section, Title Il' of the federal
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101
and following) et seq.), and Section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. Sec. 794).
98
AB 5
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—58—
(d) (1) The Legislature finds and declares that the ability to
utilize electronic or information technology is often an essential
function for successful employment in the current work world.
(2) In order to improve accessibility of existing technology, and
therefore increase the successful employment of individuals with
disabilities, particularly blind and visually impaired and deaf and
hard -of -hearing persons, state governmental entities, in developing,
procuring, maintaining, or using electronic or information
technology, either indirectly or through the use of state funds by
other entities, shall comply with the accessibility requirements of
Section 508 of the federal Rehabilitation Act of 1973, as amended
(29 U.S.C. Sec. 794d), and regulations implementing that act as
set forth in Part 1194 of Title 36 of the Federal Code of
Regulations.
(3) Any entity that contracts with a state or local entity subject
to this section for the provision of electronic or information
technology or for the provision of related services shall agree to
respond to, and resolve any complaint regarding accessibility of
its products or services that is brought to the attention of the entity.
(e) As used in this section, "sex" and "sexual orientation' have
the same meanings as those terms are defined in subdivisions (q)
and (r) of Section 12926.
(f) As used in this section, "race, national origin, ethnic group
identification, religion, age, sex, sexual orientation, color, or
disability" includes a perception that a person has any of those
characteristics or that the person is associated with a person who
has, or is perceived to have, any of those characteristics.
(g) As used in this section, "genetic information' has the same
definition as in paragraph (2) of subdivision (e) of Section 51 of
the Civil Code.
(h) For purposes of this section "housing status" has the same
meaning as that term is defined in subdivision (g) of Section 53.
of the Civil Code.
SEG. 25.
.SEC. 6. The Legislature finds and declares that the need to
address discriminatory practices is a matter of statewide concern
and is not a municipal affair, as that term is used in Section 5 of
Article XI of the California Constitution. Therefore, this act shall
apply to all cities, including charter cities.
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—59— AB 5
Sr
SEC. 7. The provisions of this act are severable. If any
provision of this actor its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
meaning —big—Si.,. •:
__ 6 _f e_.:_i_ vnln of the Calif___:_
Eenstitaeierr
11_.. _ver, Lf.L_ Genimi__:__ __ c._._ ee__d...__ determines that
this aet eontains other eosts mandated b� the state, reinibursernent
putsuant to Part 7 (eoinnieneing with Seetion 17500) of Di
SEC. 8. If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of 7itle 2 of the Government Code.
x
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b5
AB 5 (Ammiano) -HOMELESS PERSONS BILL OF RIGHTS
Opposition List
Air Conditioning Trade Association
Association of California Cities —Orange County
Building Owners and Managers Association of California
California Chamber of Commerce
California Apartment Association
California Association of Joint Powers Authority
California Business Properties Association
California Downtown Association
California Farm Bureau Federation
California Grocers Association
California Hotel & Lodging Association
California Manufacturers and Technology Association
California Park & Recreation Society
California Police Chiefs Association
California Special Districts Association
California State Sheriffs' Association
California Travel Association
Central City East Association
City of Bellflower
City of Buena Park
City of Concord
City of Corona
City of Cypress
City of Lake Forrest
City of Palmdale
City of Menifee
City of Signal Hill
City of Thousand Oaks
Civil Justice Association of California
County of Lassen
Desert Water Agency
East Bay Rental Housing Association
Historic Downtown Los Angeles Business Improvement District
Hollister Downtown Association
Hollywood Property Owners Alliance
International Council of Shopping Centers
League of California Cities
Midtown Business Association
NAIOP of California, the Commercial Real Estate Development Association
National Federation of Independent Business - California
NORCAL Rental Property Association
Orange County Business Council
Plumbing -Heating -Cooling Contractors Association of California
San Jose Downtown Association
Save the American River Association
South Park Community Benefit District
�q
The Apartment Association, California Southern Cities
The River District
Western Electrical Contractors Association
(5