Asm. Rebecca Bauer-Kahan

This measure would mark December 17, 2019, as the 76th anniversary of the repeal of the Chinese Exclusion Act to honor the contributions of all immigrants and refugees in our communities. The measure would also declare the opposition of the Legislature to executive orders and a presidential proclamation signed by President Trump relating to immigration, call upon the President to revoke those orders and that proclamation, condemn the expansion of deportations being undertaken under the current presidential administration, stand in firm opposition to the President's proposal for construction of a wall along the southern border with Mexico, and reaffirm that the state is open and welcoming to immigrants and refugees who are integral to life in our state.

This measure would encourage the United States Congress to adopt climate policies, including those that might be adopted under the Green New Deal, that build upon California's programs that have reduced greenhouse gas emissions while improving air and water quality, create new green jobs, and improve disadvantaged communities and that just climate actions offer the nation an opportunity to achieve community-mindful policies that California has successfully adopted while growing its economy.

The California Constitution allows a United States citizen who is at least 18 years of age and a resident of California to vote. This measure would reduce the minimum voting age to 17.

Existing property tax law requires the county auditor, in each fiscal year, to allocate property tax revenue to local jurisdictions in accordance with specified formulas and procedures, and generally provides that each jurisdiction be allocated an amount equal to the total of the amount of revenue allocated to that jurisdiction in the prior fiscal year, subject to certain modifications, and that jurisdiction's portion of the annual tax increment, as defined. Existing property tax law also requires that, for purposes of determining property tax revenue allocations in each county for the 1992–93 and 1993–94 fiscal years, the amounts of property tax revenue deemed allocated in the prior fiscal year to the county, cities, and special districts be reduced in accordance with certain formulas. It requires that the revenues not allocated to the county, cities, and special districts as a result of these reductions be transferred to the Educational Revenue Augmentation Fund in that county for allocation to school districts, community college districts, and the county office of education. Beginning with the 2004–05 fiscal year and for each fiscal year thereafter, existing law requires that each city, county, and city and county receive additional property tax revenues in the form of a vehicle license fee adjustment amount, as defined, from a Vehicle License Fee Property Tax Compensation Fund that exists in each county treasury. Existing law requires that these additional allocations be funded from ad valorem property tax revenues otherwise required to be allocated to educational entities. Existing law, for the 2006–07 fiscal year, and for each fiscal year thereafter, requires the vehicle license fee adjustment amount to be the sum of the vehicle license fee adjustment amount for the prior fiscal year, if specified provisions did not apply, and the product of that sum and the percentage change from the prior fiscal year in the gross taxable valuation within the jurisdiction of the entity. Existing law establishes a separate vehicle license fee adjustment amount for a city that was incorporated after January 1, 2004, or on or before January 1, 2012. This bill, for the 2019–20 fiscal year, would instead require the vehicle license fee adjustment amount to be the sum of the vehicle license fee adjustment amount in the 2018–19 fiscal year, the product of that sum and the percentage change in gross taxable assessed valuation within the jurisdiction of that entity between the 2018–19 fiscal year to the 2018–19 fiscal year, and the product of the amount of specified motor vehicle license fee revenues that the Controller allocated to the applicable city in July 2010 and 1.17. This bill, for the 2020–21 fiscal year, and for each fiscal year thereafter, would require the vehicle license fee adjustment amount to be the sum of the vehicle license fee adjustment amount for the prior fiscal year and the product of the amount as so described and the percentage change from the prior fiscal year in gross taxable assessed valuation within the jurisdiction of the entity. By imposing additional duties upon local tax officials with respect to the allocation of ad valorem property tax revenues, 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, 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 establishes the California Private Postsecondary Education Act of 2009, which, among other things, provides for student protections and regulatory oversight of private postsecondary schools in the state. The act prohibits certain types of conduct by regulated institutions, including offering to compensate a student to act as an agent of the institution for the purposes of enrollment or recruitment of students, except as specified, and compensating an employee involved in recruitment and enrollment on the basis of commission, quota, bonus, or a similar method, also with exceptions. This bill would define financial aid for the purposes of the act. The bill would prohibit an institution from providing, directly or indirectly, certain financial incentives to any person, including a student, engaged in student recruitment or admission activities, engaged in awarding financial aid directly to a student, or engaged in the sales of any educational materials directly to a student, if that financial incentive is contingent upon quotas or the success of securing enrollments, admissions, awarding financial aid to a student, or sales of educational materials directly to a student.

Existing law establishes the crime of trafficking of a person for forced labor or services or for effecting or maintaining other specified felonies, and the crime of trafficking of a minor for those purposes. Existing law establishes procedures governing the admissibility of evidence in civil and criminal actions in this state. Existing law recognizes various evidentiary privileges, including a victim‑caseworker privilege, under which a human trafficking victim may refuse to disclose, or may prevent another's disclosure of, a confidential communication made to a human trafficking caseworker, as defined. Existing law also sets forth circumstances under which a court may compel the disclosure of information otherwise protected by this privilege, and defines various terms for these purposes. This bill would allow a human trafficking victim's current caseworker to claim the privilege, even if that caseworker was not the victim's caseworker at the time the confidential communication was made, thereby expanding the scope of the privilege. This bill would adjust the definitions of "holder of the privilege" and "human trafficking caseworker" for these purposes, including by expanding the list of topics about which human trafficking caseworkers shall be trained. The California Constitution requires that a statute that would exclude relevant evidence in any criminal proceeding be enacted by a 23 vote of each house of the Legislature. Because this bill would exclude certain communications between a victim of human trafficking and a human trafficking caseworker in criminal proceedings, the bill would require a23 vote.

Existing law, the California Private Postsecondary Education Act of 2009, provides, among other things, for student protections and regulatory oversight of private postsecondary institutions in the state. The act is enforced by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs. The act exempts an institution from its application if any of a list of specific criteria are met. Existing law requires an out-of-state private postsecondary educational institution to comply with specified requirements, including providing the bureau evidence of the institution's accreditation. This bill would define nonprofit corporation and public institution of higher education specially for purposes of the act. The bill would specify that only an institution of higher education meeting the act's definition of nonprofit corporation or public institution of higher education is exempt from the requirements imposed on an out-of-state private postsecondary educational institution. The bill would prohibit the bureau from verifying the exemption of, or contracting to handle complaints for, a nonprofit institution that operated as a for-profit institution during any period on or after January 1, 2010, unless the Attorney General makes certain determinations. Under existing law, the act specifies conduct by regulated institutions that, if undertaken, is a crime. Because this bill would extend the application of those criminal provisions, it 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.

Existing law, the Nonprofit Public Benefit Corporation Law, establishes the requirements for the formation and operation of a nonprofit public benefit corporation and provides that a corporation is subject at all times to examination by the Attorney General. Existing law generally requires a corporation to give written notice to the Attorney General before it sells, leases, conveys, exchanges, transfers, or disposes of its assets, except as specified. Existing law provides specific procedures for health facilities and additionally requires these facilities to obtain the consent of the Attorney General prior to entering into a specified agreement or transaction. This bill would require a nonprofit corporation that operates or controls a private postsecondary educational institution to obtain the Attorney General's consent before entering into certain agreements or transactions, including an agreement or transaction to sell or convey its assets to, or to transfer control, responsibility, or governance of a material amount of its assets to, a for-profit corporation or mutual benefit corporation. The bill would require the Attorney General to consider specified factors in consenting to, giving conditional consent to, or not consenting to, the agreement or transaction, and would authorize the Attorney General to contract with experts, consultants, and state agencies, including the Bureau for Postsecondary Education, to receive advice in reviewing the agreement or transactions that are subject to the above-specified provisions. The bill would authorize the Attorney General, as a condition of approving the agreement or transaction, to transfer assets from the proceeds of the sale or transaction to the Student Tuition Recovery Fund, a continuously appropriated fund. By authorizing the deposit of additional moneys into a continuously appropriated fund, the bill would make an appropriation.

(1) Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law defines a licensed branch office with reference to certain winegrower and brandy manufacturer facilities for which a duplicate license has been issued. Existing law prohibits a winegrower or brandy manufacturer from selling wine or brandy to consumers, or engaging in winetasting activities, at more than one licensed branch premise. Existing law limits the effect of this prohibition in connection with other premises, as specified. Existing law generally provides that a violation of the Alcoholic Beverage Control Act is a misdemeanor. This bill would revise the prohibition described above to allow a winegrower or brandy manufacturer to sell wine or brandy to consumers, or to engage in winetasting activities, at up to 2 licensed branch premises. By broadening the definition of a crime, this bill would impose a state-mandated local program. (2) 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.