Asm. Buffy Wicks

Existing law authorizes the Alameda County Board of Supervisors to establish a hospital authority for the purpose of effecting a transfer of the management, administration, and control of the Alameda Health System. A hospital authority established pursuant to this authorization is a legal entity separate and apart from the county. Existing law specifies that a hospital authority established pursuant to these provisions, but that does not obtain the administration, management, and control of the medical center or has those duties and responsibilities revoked by the board of supervisors, is not empowered with the powers provided to an independent hospital authority, as specified. This bill would prohibit the existence of up to 3 county employees who were appointed by the board of supervisors simultaneously serving on the governing board of the hospital authority from being a basis to determine that the hospital authority is not an independent entity or that the hospital authority has not obtained the administration, management, and control of the medical center. The bill would also make technical changes to these provisions.

(1) Existing law, subject to exceptions, generally makes it an offense to manufacture or sell an unsafe handgun, as defined, and requires the Department of Justice to compile a roster listing all of the handguns that have been tested and determined not to be unsafe handguns. Existing law, beginning July 1, 2022, requires all handguns not already listed on the roster to be equipped with technology that transfers a microscopic array of characters from the handgun to the cartridge case when the handgun is fired, known as a microstamp. Existing law requires all firearms acquired by a law enforcement agency to be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) . This bill would require all handguns, with the exception of revolvers, as defined, purchased on or after July 1, 2023, that are owned, used, possessed, or otherwise carried by state, county, city, or other law enforcement officers while on duty to be microstamped within 90 days of purchase or acquisition. The bill would also require all handguns used by any state, county, city, or other law enforcement officer while on duty to be entered into AFS via CLETS within 90 days of acquisition. By requiring local law enforcement to comply with these provisions, this bill would impose a state-mandated local program. (2) Existing law, subject to certain exceptions, generally makes it an offense to manufacture or sell an unsafe handgun, as defined, and requires the Department of Justice to compile a roster listing all of the handguns that have been tested and determined not to be unsafe handguns. Existing law establishes criteria for determining if a handgun is an unsafe handgun. Existing law, commencing July 1, 2022, requires that a handgun, to be included on the roster, be designed and equipped with microscopic characters used to identify the pistol, imprinted on the interior of the pistol and transferred to each cartridge case when the firearm is fired. This bill would, until July 1, 2022, reinstate a previous requirement that those microscopic characters be imprinted in 2 or more places on the interior of the pistol, provided that the department certifies that the technology used to create the imprint is available to more than one manufacturer unencumbered by any patent restrictions. Existing law, commencing July 1, 2022, also precludes from inclusion on the list a firearm that is not already on the list if it does not have a chamber load indicator or magazine disconnect mechanism, as specified. This bill would preclude a firearm from the list if it doesn't have a chamber load indicator or magazine disconnect mechanism and wasn't on the roster as of 2006. The bill would make other nonsubstantive conforming changes. By expanding the number of firearms the sale or manufacture of which would be a crime, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law generally authorizes a county tax collector to sell tax-defaulted property 5 or more years after the real property has become tax defaulted. Existing law authorizes a nonprofit organization to purchase residential or vacant property, with the approval of the board of supervisors of the county in which it is located, that has been tax defaulted for 5 years or more, or 3 years or more after the property has become tax defaulted and is subject to a nuisance abatement lien, as long as the property is used for low-income housing or public use, as specified. Existing law defines "nonprofit organization" as a nonprofit public benefit corporation organized for the purpose of the acquisition of either single-family or multifamily dwellings for rehabilitation and sale or rent to low-income persons or for other use to serve low-income persons, or vacant land for construction of residential dwellings and subsequent sale or rent to low-income persons, for other use to serve low-income persons, or for dedication of that vacant land to public use. This bill, among other things, would revise the definition of nonprofit organization to also require that the nonprofit organization (1) own or manage housing units located on property that is exempt from taxation, as specified, (2) contract with a nonprofit corporation that has received a tax exemption for properties intended to be sold to low-income families with financing in the form of zero interest rate loans, (3) is a community housing development organization, or (4) is a community land trust. This bill would require the tax collector to document each step in the tax sale process and provide a file of those documents to the nonprofit organization or public agency that purchases the property at the time of the sale. The bill would require the nonprofit organization to indicate via a checklist to be developed by the tax collector that to the best of their knowledge that the property is free and clear of any issues that may cloud transfer of title. The bill would require tax collectors to provide their lists of tax-defaulted properties eligible for tax sale to the Controller, and the Controller would be required to maintain an up-to-date list of all upcoming tax sales in the state on its internet website. The bill would also require tax collectors, at any time after the property has become tax defaulted, but before it is eligible for tax auction, to provide certain nonprofit organizations with a nonpublic list of tax-defaulted properties at their request. Existing law requires that whenever the county or the state is the purchaser of a tax-defaulted property that the price be agreed upon between the county board of supervisors, the Controller, and the governing body of any city in which that property is located, and that the price be paid to the county tax collector for distribution. This bill would require that whenever a nonprofit organization is the purchaser, the price is zero if the state reimburses the tax collector for the minimum bid price and all costs associated with the transaction. The bill would authorize a county, after a property becomes eligible for tax sale, to lower the purchase price to an amount below the minimum bid price for public agencies and nonprofit organizations. Existing law requires that the county board of supervisors approve certain tax-defaulted property sales and that the Controller approve the agreement. This bill would require that the county board of supervisors make the decision to approve or disapprove a sale within 90 calendar days of receiving a request for approval and that the Controller make the determination of approval or rejection of the agreement within one calendar month of receipt of the agreement. The bill would also require the Controller, on or before January 30, 2023, to develop a standardized set of best practices for the sale of tax delinquent properties to nonprofit organizations with input from all relevant stakeholders. The bill would require tax collectors to formally adopt those practices on or before December 31, 2024. Because this bill would add to the duties of county tax collectors, the bill would impose a state-mandated local program. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. 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 defines rape as an act of sexual intercourse accomplished with a person not the spouse of the perpetrator under certain circumstances, including where the victim is incapable of giving legal consent because of a mental disorder or developmental or physical disability, where the victim is not aware of the essential characteristics of the act due to the perpetrator's fraudulent representation that the act serves a professional purpose, and where the victim submits to the act under the belief that the perpetrator is someone known to the victim other than the perpetrator, and the perpetrator intentionally and fraudulently induces that belief. Existing law separately defines rape of a spouse as an act of sexual intercourse accomplished with the spouse of the perpetrator under similar circumstances as nonspousal rape, except that spousal rape does not include acts of sexual intercourse accomplished under the specific circumstances described above. This bill would repeal the provisions relating to spousal rape and make conforming changes, thereby making an act of sexual intercourse accomplished with a spouse punishable as rape if the act otherwise meets the definition of rape. By changing the definition of a crime, this bill would impose a state-mandated local program. Existing law authorizes an employer to request from the Department of Justice records of all convictions or any arrest pending adjudication for specified offenses for a person who applies for a license, employment, or volunteer position, in which the person would have supervisory or disciplinary power over a minor and requires the employer to notify the parent or guardian of a child if a person with specified convictions will have supervisory or disciplinary power over that child. Existing law exempts certain convictions, including spousal rape, from that notification requirement. This bill would remove the exemption for spousal rape or any other felony conviction and would instead exempt only misdemeanor convictions from that notification. The bill would make numerous conforming changes. 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.

Existing law authorizes a court to notify the Department of Motor Vehicles when a person has violated a written promise to appear on specified traffic allegations. Depending on the class of offense that prompts the notification from a court, existing law requires the department, upon receipt of the notification, to suspend the person's driver's license if specified conditions are met, such as a prior notification for a violation of a written promise to appear or when the license is already suspended. If a court has notified the department of a violation of a promise to appear, and the person subsequently appears and resolves the allegation, existing law requires the court to notify the department. Under existing law, a suspension continues until a person's driving record shows no violation of a written promise to appear. This bill would limit the department's authority to suspend a driver's license under the above provisions for a failure to appear to only those alleged violations that are a misdemeanor, other than an alleged violation for a failure to appear, or any felony. Existing law prohibits a person from driving a motor vehicle upon a highway, unless the person then holds a valid driver's license, or is expressly exempted from that prohibition. Under existing law, a violation of this prohibition constitutes a misdemeanor. This bill would make it an infraction, rather than a misdemeanor, to drive without a license for a first and 2nd violation, if the person has no prior suspensions or revocations of their driver's license for specified offenses. The bill would make driving without a license either an infraction or a misdemeanor if a person has a prior suspension or revocation, as specified, or for a 3rd or subsequent violation.

Existing law establishes the Department of Housing and Community Development (HCD) and requires it to administer various housing programs. Existing law establishes a program for providing rental assistance, using funding made available pursuant to existing federal law to provide financial assistance and housing stability services to eligible households, as provided, administered by HCD. This bill, in order to ensure that data is available for research and analysis to inform future state policy and programs, would require HCD to retain data from designated sources for at least 10 years, including data on the state rental assistance program, information submitted by eligible grantees that received the federal funding, and data on rental registries operated by local governments, as specified. The bill would prohibit personal information collected that pertains to the application for or receipt of rental assistance by any individual or household from being subject to public disclosure, as provided. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

Existing law, the California Consumer Privacy Act of 2018 (CCPA) , grants a consumer various rights with respect to personal information, as defined, that is collected or sold by a business, as defined, including the right to direct a business that sells personal information about the consumer to third parties not to sell the consumer's personal information. Existing law, the Electronic Communications Privacy Act, generally prohibits a government entity from compelling the production of or access to electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, subpoena, or order for a pen register or trap and trace device, except for emergency situations, as specified. This bill would authorize a public agency, defined as a state or local public entity that issues a permit to an operator for mobility services or that otherwise regulates an operator, to require an operator to periodically submit to the public agency anonymized trip data and the operator's mobility devices operating in the geographic area under the public agency's jurisdiction and provide specified notice of that requirement to the operator. The bill would authorize a public agency to share anonymized trip data with a contractor, agent, or other public agency only if specified conditions are met, including that the purpose of the sharing is to assist the public agency in the promotion and protection of transportation planning, integration of mobility options, and road safety. The bill would prohibit a public agency from sharing trip data with a contractor or agent.

Existing law, commonly known as the Ellis Act, generally prohibits public entities from adopting any statute, ordinance, or regulation, or taking any administrative action, to compel the owner of residential real property to offer or to continue to offer accommodations, as defined, in the property for rent or lease. Existing law authorizes any public entity that has in effect any control or system of control on the price at which accommodations are offered for rent or lease to require by statute or ordinance, or by regulation, that the owner notify the entity of an intention to withdraw those accommodations from rent or lease, and to require that the notice contain specified statements. This bill would, when a public entity has a price control system in effect, prohibit an owner of accommodations from filing a notice with a public entity of an intent to withdraw accommodations or prosecuting an action to recover possession of accommodations, or threatening to do so, if not all the owners of the accommodations have been owners of record for at least 5 continuous years, with specified exceptions, or with respect to property that the owner acquired within 10 years after providing notice of an intent to withdraw accommodations at a different property. This bill would require an owner of accommodations notifying the public entity of an intention to withdraw accommodations from rent or lease, as provided, to identify each person or entity with an ownership interest in the accommodations, as provided. That information would be available for public inspection. The bill would prohibit an owner or any person or entity with an ownership interest from acting in concert with a coowner, successor owner, prospective owner, agent, employee, or assignee to circumvent these provisions. The bill would provide specified, nonexclusive remedies for a violation. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

Existing law establishes the Department of Housing and Community Development in the Business, Consumer Services, and Housing Agency and makes the department responsible for administering various housing programs throughout the state, including, among others, the Multifamily Housing Program, the Housing for a Healthy California Program, and the California Emergency Solutions Grants Program. This bill would establish the Reentry Housing and Workforce Development Program. The bill would require the department, on or before July 1, 2022, to take specified actions to, upon appropriation by the Legislature, provide grants to applicants, as defined, for innovative or evidence-based housing, housing-based services, and employment interventions to allow people with recent histories of incarceration to exit homelessness and remain stably housed. The bill would require the department to establish a process, in collaboration with the Department of Corrections and Rehabilitation and with counties in which recipients are operating, for referral of participants, in accordance with certain guidelines and procedures. The bill would require the department to score applicants to the program competitively according to specified criteria. The bill would require recipients of funds from the program to use those funds for, among other things, long-term rental assistance in permanent housing, incentives to landlords, and innovative or evidence-based services to assist participants in accessing permanent supportive housing. The bill would require the department to distribute funds allocated by executing contracts with awarded entities for a term of 5 years, subject to automatic renewal. The bill would require a recipient of the program to submit an annual report to the department. The bill would require the department to hire an independent evaluator to assess outcomes from the program and would require the department to submit that analysis to specified committees of the Legislature.

Existing law establishes the California Violence Intervention and Prevention (CalVIP) Grant Program, administered by the Board of State and Community Corrections, to award competitive grants for the purpose of violence intervention and prevention. Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill, the Gun Violence Prevention, Healing, and Recovery Act, would, commencing July 1, 2023, and subject to an appropriation as specified, impose an excise tax in the amount of 10% of the sales price of a handgun and 11% of the sales price of a long gun, rifle, firearm precursor part, and ammunition, as specified. The tax would be collected by the state pursuant to the Fee Collection Procedures Law. The bill would require that the revenues collected be deposited in the Gun Violence Prevention, Healing, and Recovery Fund, which the bill would establish in the State Treasury. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. Because this bill would expand the scope of the Fee Collection Procedures Law, the violation of which is a crime, 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. This bill would declare that it is to take effect immediately as an urgency statute.