Existing law regulates the sale or offer to sell by a dealer to a consumer of a collectible in or from this state, as specified. Existing law defines the term "collectible" to mean any autographed item, as specified, sold or offered for sale in or from this state by a dealer, to a consumer for $5 or more. Existing law defines the term "autographed" to mean bearing the actual signature of a personality signed by that individual's own hand. Existing law defines a "dealer," among other things, as a person who is principally in the business of selling or offering for sale collectibles in or from this state or a person who by his or her occupation holds himself or herself out as having knowledge or skill peculiar to collectibles. Existing law includes a person engaged in a cable television business for the sale of collectibles in the definition of dealer. Existing law excludes, among other persons, the personality who signs the memorabilia from the definition of dealer. Existing law also excludes from the definition of dealer a provider or operator of an online marketplace, provided that the marketplace provider or operator is not principally in the business of selling, or offering for sale, collectibles, in or from the state, exclusively or nonexclusively, or does not hold itself out as having knowledge or skill peculiar to collectibles. This bill would instead define "autographed collectible" to mean an autographed sports or entertainment media item, as specified, sold or offered for sale by a dealer to a consumer for $50 or more, bearing the signature of a particular person that increases the sale value of the item over that of a comparable item without the actual signature. The bill would exclude, among other items, works of fine art, signed books, furniture, and decorative objects, from the definition of an autographed collectible. The bill would amend the definition of a dealer to be, among other things, a person who is in the business of selling autographed collectibles and who sells 3 or more autographed collectibles in a period of 12 months. The bill would include a person engaged in any television business for the sale of autographed collectibles and an auctioneer or auction company in the definition of dealer. The bill would delete the exclusion of a provider or operator of an online marketplace from the definition of dealer. Existing law requires a dealer to provide a certificate of authenticity, as specified, for each collectible to, among other things, indicate to a buyer whether a collectible item was purchased from a 3rd party and if so, the name and address of the 3rd party. This bill instead would require a dealer to provide an express warranty, as specified. The bill also would require a dealer, for items obtained on and after January 1, 2018, separate from the express warranty, to maintain a record stating whether the autographed collectible was purchased by the dealer from a 3rd party and the name and address of the 3rd party. The bill would permit discovery of this information in a civil dispute, as specified. The bill would require the dealer to keep the 3rd-party information on file for 7 years. Existing law requires a dealer displaying or offering for sale a collectible in this state to have at the location and in close proximity to the collectible merchandise a conspicuous sign that informs consumers of the written certificate of authenticity requirement, as specified. Existing law exempts auctioneers selling collectibles from this requirement. Existing law also requires a dealer engaged in a mail-order, telephone-order, or online business for the sale of collectibles in or from this state to, among other things, include in each television or online advertisement a similar disclosure in an onscreen message, as specified. This bill would require an auctioneer, auction company, and a vendor at a trade show to display specified signage regarding the express warranty requirements for autographed collectibles. Existing law grants certain individuals the right to cancel or to rescind certain contracts within a specified number of business days. Existing law requires a retail seller that sells goods to the public in this state that has a policy as to any of those goods of not giving full refunds, or of not allowing equal exchanges, or any combination thereof, for at least 7 days following purchase of the goods, as specified, to conspicuously display that policy, as specified. The bill would grant a consumer the right to cancel the contract for the purchase of an autographed collectible represented by a dealer as authentic until at least midnight of the 3rd day after the day on which the consumer purchased the autographed collectible, except when the autographed collectible is purchased at a public auction or trade show, or as part of a trade or barter, as specified. The bill would specify procedures and conditions of the cancellation. The bill would require the 3-day right of return, except as specified, to be included in the sign and the onscreen message a dealer is required to display. Existing law prohibits a dealer from displaying or offering for sale a collectible in this state at any trade show or similar event primarily featuring sales of collectibles or other memorabilia that offers onsite admission ticket sales, except as provided. Existing law requires a promoter who arranges or organizes a trade show featuring collectibles and autograph signings to provide a specified notification to any dealer who agrees to purchase or rent space in the trade show. This bill would repeal those provisions. Existing law provides that a consumer who is injured by a failure of the dealer to provide a certificate of authenticity is entitled to recover from that dealer, among other things, 10 times his or her actual damages. Existing law also authorizes the court to award additional damages based on the egregiousness of the dealer's conduct. This bill instead would provide for specified civil penalties in a civil action against the dealer for failure to comply with the provisions regarding express warranties. The bill would provide for separate specified civil penalties for providing a false warranty, providing a false warranty as the result of gross negligence, and knowingly providing a false warranty, as well as attorney's fees and other costs to be paid to the consumer. The bill would authorize the court to award punitive damages based on the egregiousness of the dealer's conduct. This bill would declare that it is to take effect immediately as an urgency statute.
Sponsored bills
Existing law sets forth various requirements for the issuance of diplomas conferred upon a pupil as evidence of graduation from high school. Existing law establishes the Golden State Seal Merit Diploma for the purpose of recognizing pupils who have mastered the high school curriculum. Existing law also establishes the State Seal of Biliteracy, awarded by the Superintendent of Public Instruction in accordance with specified criteria, to recognize high school graduates who have attained a high level of proficiency in speaking, reading, and writing in one or more languages in addition to English. This bill would require the Superintendent, on or before January 1, 2020, to recommend to the State Board of Education criteria for awarding a State Seal of Civic Engagement to pupils who have demonstrated excellence in civics education and participation and have demonstrated an understanding of the United States Constitution, the California Constitution, and the democratic system of government. The bill would require the Superintendent to consider, among other criteria, the successful completion of history, government, and civics courses, including courses that incorporate character education, and voluntary participation in community service or extracurricular activities. The bill would require the state board, on or before January 31, 2021, to adopt, reject, or modify the criteria recommended by the Superintendent. The bill would require the Superintendent to prepare and deliver to participating school districts the seal insignia to be affixed to the diploma or transcript of a pupil awarded the State Seal of Civic Engagement. The bill would also require participating school districts to maintain records in order to identify pupils who have earned the State Seal of Civic Engagement and to affix the appropriate insignia to the diploma or transcript of those pupils.
Existing law authorizes counties to establish a child abuse multidisciplinary personnel team, as defined, to allow provider agencies to share confidential information in order to investigate reports of suspected child abuse or neglect or for the purpose of child welfare agencies making detention determinations, as specified. This bill would authorize counties to also establish a homeless adult and family multidisciplinary personnel team, as defined, with the goal of facilitating the expedited identification, assessment, and linkage of homeless individuals to housing and supportive services within that county and to allow provider agencies to share confidential information, as specified, for the purpose of coordinating housing and supportive services to ensure continuity of care. The bill would require the sharing of information permitted under these provisions to be governed by protocols developed in each county, as specified, and would require each county to provide a copy of its protocols to the State Department of Social Services. This bill would authorize the homeless adult and family multidisciplinary personnel team to designate qualified persons to be a member of the team for a particular case and would require every member who receives information or records regarding adults and families in his or her capacity as a member of the team to be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. The bill would also require the information or records to be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.
Existing law allows an individual taxpayer to contribute amounts in excess of his or her personal income tax liability for the support of specified funds and accounts, including among others, to the Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account. Existing law authorizes contributions to be made to this account pursuant to these provisions until January 1, 2018, or until an earlier date if specified minimum contributions are not received. Existing law requires all moneys contributed to this account pursuant to these provisions to be allocated, upon appropriation by the Legislature, to the Franchise Tax Board and the Controller for the costs of collection and administration of the funds, and to the Department of Fish and Wildlife for specified purposes. This bill would authorize contributions to be made to this account pursuant to these provisions until January 1, 2025, or until an earlier date if the Franchise Tax Board determines that the amount of contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount of $250,000. The bill would instead require moneys contributed to this account pursuant to these provisions to be continuously appropriated and allocated for the above-specified purposes. This bill would also allow an individual to designate on his or her tax return that a specified amount in excess of his or her tax liability be transferred to the Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund, which would be created by this bill. The bill would require the Franchise Tax Board to revise the tax return form to include a space for the designation of contributions to the fund when another voluntary designation is removed from the form or there is space, whichever occurs first. The bill would require money contributed to the fund to be continuously appropriated and allocated to the Franchise Tax Board and the Controller for reimbursement of costs, as provided, and to the Department of Fish and Wildlife to establish a competitive grant program for the purposes of the recovery and rehabilitation of injured, sick, or orphaned wildlife, and conservation education, as specified. The bill would authorize a maximum of 5% of the funds allocated to the Department of Fish and Wildlife to be used by the department to defray administrative expenses. The bill would provide that these provisions would remain in effect only until January 1 of the 7th taxable year following the first appearance of the Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund on the tax return, but would further provide for an earlier repeal if the Franchise Tax Board determines that the amount of contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount of $250,000, in which case these provisions would be repealed on December 1 of that year.
Existing law allows individuals, until January 1, 2018, to designate on their personal income tax return that a specified amount in excess of their tax liability be contributed to the California Breast Cancer Research Fund, which is subject to appropriation by the Legislature, to be allocated to the Franchise Tax Board, the Controller, and the University of California for purposes of carrying out these provisions. Existing law also allows individuals, until January 1, 2018, to designate on their tax returns that a specified amount in excess of their tax liability be contributed to the California Cancer Research Fund, which is subject to appropriation by the Legislature, to be allocated to the Franchise Tax Board, the Controller, and the University of California for purposes of carrying out these provisions. Existing law requires that each of these funds equal or exceed a minimum contribution amount, which initially was $250,000 and which was required to be and has been adjusted for inflation. Existing law provides that when extending the operation of these voluntary tax contribution funds the words "voluntary tax contribution" be included in the name of the fund, that the administering agency comply with specified Internet Web site reporting requirements, that the fund provisions remain in effect only until January 1 of the 7th calendar year following the first appearance of the voluntary tax contribution on the personal income tax return, that the required calendar year minimum contribution amount for the fund to continue appearing on the return is $250,000, and that the contributions be continuously appropriated from the fund to the administering entity. This bill would extend the operation of each fund's provisions to January 1, 2025, and would conform to the above provisions by renaming the funds as the California Breast Cancer Research Voluntary Tax Contribution Fund and the California Cancer Research Voluntary Tax Contribution Fund, respectively, by continuously appropriating those funds to the Franchise Tax Board, the Controller, and the University of California for purposes of carrying out each fund's provisions, and by requiring each fund to equal or exceed an unadjusted $250,000 minimum contribution amount to continue appearing on the return. By continuously appropriating these funds, the bill would make an appropriation. The bill would also provide that the Legislature requests the University of California and the Regents of the University of California, respectively, to post on their Internet Web sites the process for awarding money, the amount of money spent on administration, and an itemization of how program funds were awarded, including, but not limited to, information regarding recipients of funds.
Existing law establishes various programs that provide cash assistance and other benefits relating to health care, food, and housing, among other things, to qualified low-income families and individuals, including, among others, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, the California Earned Income Tax Credit, Medi-Cal, CalFresh, the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program) , and the Emergency Housing and Assistance Program. This bill would establish the Lifting Children and Families Out of Poverty Task Force, for the purpose of submitting a report to the Legislature and the executive branch administration of the state, as specified, that recommends future comprehensive strategies to achieve the reduction of deep poverty among children and reduce the overall child poverty rate in the state. The bill would require the report to be completed by November 1, 2018. The bill would require the State Department of Social Services to invite and convene the task force and to assist the task force in carrying out its duties, as specified. The bill would repeal these provisions on January 1, 2020.
Existing law provides the procedure by which a temporary restraining order and an injunction prohibiting harassment or abuse may be sought by, or on behalf of, specified persons. The existing Domestic Violence Protection Act authorizes a judicial officer to issue a protective order after notice and a hearing for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and ensuring a period of separation of the persons involved in the domestic violence. This bill would authorize a minor or a minor's guardian to petition the court to keep all information regarding the minor obtained when issuing a protective order under either of the above provisions, including, but not limited to, the minor's name, address, and the circumstances surrounding the protective order with respect to that minor, in a confidential case file. The bill would authorize the court to order that the information be kept confidential if the court expressly finds that, among other things, the minor's right to privacy overcomes the right of public access to the information and no less restrictive means exist to protect the minor's privacy. If the request is granted, the bill would prohibit that information from becoming part of the public file in that proceeding or any other civil proceeding. The bill would make it civil contempt of court, punishable by a $1,000 fine, to disclose or misuse the confidential information and would require the notice served on the respondent to identify the specific information that is confidential and the penalty for disclosure or misuse of that information. The bill would authorize confidential information to be made available to law enforcement, as specified, to the extent necessary and only for the purpose of enforcing the order. 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.
This measure would recognize September 11, 2017, as a day of solemn commemoration and extend the Legislature's deepest sympathies to the victims of the September 11, 2001 attacks.
Existing law provides for apprenticeship programs within the Division of Apprenticeship Standards, which is within the Department of Industrial Relations, sponsored by specific entities and employers, and requires the Chief of the Division of Apprenticeship Standards to perform various functions with respect to apprenticeship programs and the welfare of apprentices. This bill would require the Division of Apprenticeship Standards, in collaboration with the California Firefighter Joint Apprenticeship Committee (CAL-JAC) , to develop a statewide firefighter preapprenticeship program designed to recruit candidates from underrepresented groups. This bill would require the preapprenticeship program to meet specified objectives. This bill would also require CAL-JAC to deliver the pilot classes established by the preapprenticeship program using existing facilities and training models. This bill would require CAL-JAC to provide the program model to fire protection agencies, and would authorize a fire protection agency to then use that model and related resources to establish a local preapprenticeship program for recruiting candidates from underrepresented groups. This bill would reference an appropriation made in the Budget Act of 2017–18 to the division to establish the preapprenticeship program and would require the division to use those funds for specified purposes. This bill would declare that it is to take effect immediately as an urgency statute.
This measure would recognize the importance of civic engagement across the State of California.