This measure would recognize and pay tribute to the dedication and professionalism of the state scientists who work on behalf of all the residents of California.
Existing law provides that, with certain exceptions, any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, as defined, is guilty of a felony. Existing law also provides that, subject to certain exceptions, a person, corporation, or dealer who sells, supplies, delivers, or gives possession of a firearm precursor part, as defined, is guilty of a crime. This bill would create a private right of action for any person against any person who, within this state, (1) manufactures or causes to be manufactured, distributes, transports, or imports into the state, or causes to be distributed or transported or imported into the state, keeps for sale or offers or exposes for sale, or gives or lends any firearm lacking a serial number required by law, assault weapon, or .50 BMG rifle; (2) purchases, sells, offers to sell, or transfers ownership of any firearm precursor part that is not a federally regulated firearm precursor part; or (3) is a licensed firearms dealer and sells, supplies, delivers, or gives possession or control of a firearm to any person under 21 years of age, all subject to certain exceptions, as specified. The bill would make these provisions inoperative upon invalidation of a specified law in Texas, and would repeal its provisions on January 1 of the following year. This bill would also state that all statutes regulating or prohibiting firearms shall not be construed to repeal any other statute regulating or prohibiting firearms, in whole or in part, unless the statute specifically states that it is repealing another statute. The bill would state that every statute that regulates or prohibits firearms is severable in each application to any particular person or circumstance and that any statute found to be unconstitutional by a court shall remain enforceable as to any application that would not be unconstitutional.
Existing law, subject to an annual appropriation in the annual Budget Act, requires the Department of Housing and Community Development to provide, under the Transitional Housing Program, funding to counties for allocation to child welfare services agencies to help young adults who are 18 to 24 years of age, inclusive, secure and maintain housing, with priority given to young adults formerly in the state's foster care or probation systems. Existing law, subject to an appropriation in the annual Budget Act, also requires the department to allocate funding to counties to provide housing navigators to help young adults who are 18 to 21 years of age, inclusive, secure and maintain housing, with priority given to young adults in the foster care system. Existing law requires a child welfare agency that accepts any distribution of money pursuant to either program to report specified information to the department on an annual basis. This bill would rename to housing navigator program as the Housing Navigation and Maintenance Program, and would extend eligibility and priority for the program to help young adults who are 18 to 24 years of age, inclusive, with priority given to young adults formerly or currently in the foster care system. The bill would, for a child welfare agency that accepts any distribution of money for both the Transitional Housing Program and the Housing Navigation and Maintenance Program, require the department shall accept one county board resolution and one allocation acceptance form, and execute one standard agreement, for both programs. Existing law makes transitional housing available to any former foster youth who is at least 18 years of age and not more than 24 years of age who has exited from the foster care system on or after their 18th birthday and has elected to participate in the Transitional Housing Program-Plus, as defined, if they have not received services pursuant to these provisions for more than a total of 24 months. Existing law authorizes a county to extend those services to former foster youth who are not more than 25 years of age and for a total of 36 months if the former foster youth meets specified criteria. This bill would extend the age of eligibility for transitional housing in all counties to any former foster youth who is 18 to 24 years of age, inclusive, and would extend the maximum time they may receive services pursuant to these provisions to 36 months. To the extent that this bill would expand county duties with regard to the administration of the Transitional Housing Program-Plus program, 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 generally regulates the transfer and possession of firearms. Existing law also provides for various private rights of action. Existing law also provides that specified unfair methods of competition and unfair or deceptive acts or practices are unlawful. Existing law also makes false advertising unlawful. This bill, beginning on July 1, 2023, would establish a firearm industry standard of conduct, which would require a firearm industry member, as defined, to establish, implement, and enforce reasonable controls, as defined, take reasonable precautions to ensure that the member does not sell, distribute, or provide a firearm-related product, as defined, to a downstream distributor or retailer of firearm-related products who fails to establish, implement, and enforce reasonable controls, and adhere to specified laws pertaining to unfair methods of competition, unfair or deceptive acts or practices, and false advertising. The bill would also prohibit a firearm industry member from manufacturing, marketing, importing, offering for wholesale sale, or offering for retail sale a firearm-related product that is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety in California, as specified. This bill would also authorize a person who has suffered harm in California, the Attorney General, or city or county attorneys to bring a civil action against a firearm industry member for an act or omission in violation of the firearm industry standard of conduct, as specified. The bill would authorize a court that determines that a firearm industry member has engaged in the prohibited conduct to award various relief, including injunctive relief, damages, and attorney's fees and costs.
This measure would proclaim June 19, 2022, as Veterans of the Republic of Vietnam Armed Forces Day.
This measure would declare the month of May 2022 as Foster Care Month.
This measure would recognize June 21, 2022, as the 2022 International Day of Yoga in California.
This measure would proclaim Sunday, June 12, 2022, as Loving Day.
(1) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act requires disposal facility operators to submit information to the department on the disposal tonnages that are disposed of at the disposal facility, and requires solid waste handlers and transfer station operators to provide information to disposal facility operators for purposes of that requirement. The act requires recycling and composting operations and facilities to submit periodic information to the department on the types and quantities of materials that are disposed of, sold, or transferred to other recycling or composting facilities or specified entities. This bill would provide that these reporting requirements do not apply to materials that are used by facilities defined as end users pursuant to the regulations adopted by the department or that are otherwise exempt pursuant to those regulations. The bill would also clarify that recycling is not limited to the processing of materials that would otherwise become solid waste, but also includes processes applied to nonhazardous materials that have value principally as a feedstock for that processing, regardless of whether the materials have been discarded or constitute solid waste. The bill would further clarify that, regardless of whether a recycling operation or facility is required to register and report pursuant to specified regulations adopted by the department, that recycling operation or facility is not a solid waste handler unless the operation or facility is, in fact, handling solid waste. (2) The California Integrated Waste Management Act of 1989 regulates the disposal, management, and recycling of, among other solid waste, plastic packaging containers and single-use foodware accessories. The Sustainable Packaging for the State of California Act of 2018 prohibits a food service facility located in a state-owned facility, operating on or acting as a concessionaire on state property or under contract to provide food service to a state agency, from dispensing prepared food using a type of food service packaging unless the type of food service packaging is on a list that the department publishes and maintains on its internet website that contains types of approved food service packaging that are reusable, recyclable, or compostable. Existing law makes a legislative declaration that it is the policy goal of the state that, annually, not less than 75% of solid waste generated be source reduced, recycled, or composted. This bill would establish the Plastic Pollution Prevention and Packaging Producer Responsibility Act, which would cover certain single-use packaging and plastic single-use food service ware, as provided. As part of its comprehensive statutory scheme, the bill would require the producers, as defined, of these covered materials to source reduce plastic covered material, to ensure that covered material offered for sale, distributed, or imported in or into the state on or after January 1, 2032, is recyclable or compostable, and to ensure that plastic covered material offered for sale, distributed, or imported in or into the state meets specified recycling rates. In particular, the bill would require not less than 65% of plastic covered material to be recycled on and after January 1, 2032, and would authorize the department to increase or decrease the specified recycling rates in certain circumstances. The bill would require certain material types and forms to be considered recyclable in the state, and would authorize those material types and forms to be labeled as recyclable, under certain circumstances. The bill would prohibit a producer from selling, offering for sale, importing, or distributing covered materials in the state unless the producer is approved to participate in the producer responsibility plan of a producer responsibility organization (PRO) , as prescribed, for the source reduction, collection, processing, and recycling of covered material. Alternatively, the bill would require a producer to comply with the act individually without participating in a PRO's plan. The bill would impose various requirements on PROs and producers in relation to the act, including registration, reporting, recordkeeping, and auditing requirements, and preparing a budget and annual report. The bill would require a PRO or producer to provide certain certifications under penalty of perjury. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. The bill would require a PRO to establish a charge for its participant producers sufficient to ensure the requirements of the act are met by the PRO, and would therefore impose a tax. The bill would specify the purposes for which the revenue from the charge may be spent, including the costs of the PRO, the costs of a producer responsibility advisory board that the bill would create, and other costs specified in the PRO's budget. The bill would require a PRO, commencing in the 2027 calendar year, and until January 1, 2037, to remit a $500,000,000 surcharge each year, as provided, to the California Department of Tax and Fee Administration (CDTFA) to be deposited into the California Plastic Pollution Mitigation Fund, which the bill would create, and would outline requirements applicable to the collection and administration of the surcharge. The bill would require the PRO to establish and impose on its participant producers an environmental mitigation surcharge in an amount sufficient to raise that sum and to remit those moneys, and would authorize a PRO to collect up to $150,000,000 from plastic resin manufacturers who sell plastic covered material to producers who are participants of the PRO, as prescribed. The bill would therefore impose a tax. The bill would require moneys in the California Plastic Pollution Mitigation Fund to be expended, upon appropriation by the Legislature, by specified state agencies on purposes relating to mitigating the environmental impacts of plastic. The bill would prohibit those appropriations from replacing or reducing funding for those purposes from any other source, including certain appropriations in the Budget Act of 2019. The bill would require the department to adopt regulations to implement the act, as prescribed, and would require the department to publish certain information and lists on its internet website. The bill would require that local jurisdictions and recycling service providers include in their collection and recycling programs covered material contained on the lists published by the department, except as specified. By imposing additional requirements on local jurisdictions, the bill would impose a state-mandated local program. The bill would require the department to prepare, or to select an independent third-party contractor to complete, one or more initial statewide needs assessments designed to determine the necessary steps and investment needed for covered material to achieve the requirements of the act. The bill would require the PRO to reimburse the department for the cost of developing the needs assessments, thereby imposing a tax. The bill would require a PRO to pay a charge named the "California circular economy administrative fee" to the department and would require the department to set the charge at an amount adequate to cover the department's and any other state agency's costs of implementing and enforcing the comprehensive statutory scheme. The bill would require the administrative fees to be deposited into the California Circular Economy Fund, which the bill would create. The bill would make moneys in the fund available upon appropriation by the Legislature to the department for the department's activities pursuant to the act and to reimburse any outstanding loans made from other funds used to finance the initial costs of the department's activities. The bill would require the department and agencies receiving funding under the act to report specified information to the Legislature concerning the act's implementation. The bill would require, if the department determines that a PRO or producer has not achieved specified targets established pursuant to the act, the department to adopt regulations that contain certain provisions of the act, as prescribed. The bill would provide for its enforcement, including authorizing the department to impose an administrative civil penalty in an amount not to exceed $50,000 per day per violation, except as specified, on any entity that is not in compliance with the act's requirements. The bill would require the department to deposit collected penalties into the Circular Economy Penalty Account, which the bill would create. The bill would make moneys in the account available upon appropriation by the Legislature for purposes that further the act. (3) 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. (4) 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. (5) 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 XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature.
(1) Existing law defines a firearm precursor part as a component of a firearm that is necessary to build or assemble a firearm and is either an unfinished handgun frame or a specified unfinished receiver, receiver tube, or receiver flat. Under existing law, commencing July 1, 2022, a firearm precursor part is required to be sold through a licensed firearm precursor part vendor, as specified. This bill would redefine a firearm precursor part as any forging, casting, printing, extrusion, machined body or similar article that has reached a stage in manufacture where it may readily be completed, assembled or converted to be used as the frame or receiver of a functional firearm, or that is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled or converted. This bill would extend the definition of a firearm to include a firearm precursor part for the purposes of most criminal and regulatory provisions related to the possession, sale, and transfer of a firearm, including provisions which do not apply to a frame or receiver under existing law. The bill would repeal provisions relating to the sale of firearm precursor parts through a licensed precursor part vendor, and would prohibit the sale, transfer, or possession of an unserialized firearm precursor part, except as specified. The bill would create a process by which a person may apply to the department for a determination that a particular item or kit is or is not a firearm precursor part. (2) Existing law requires a person that is manufacturing a firearm or assembling a firearm from unserialized components, to apply to the Department of Justice for a unique mark of identification and to affix that mark to the firearm, as specified. This bill would require any person in possession of an unserialized firearm to apply to the department for a unique mark of identification and to affix that mark to the firearm before January 1, 2024. The bill would, commencing on January 1, 2024, explicitly prohibit the possession or transfer of a firearm without a serial number or mark of identification. The bill would authorize a new resident of the state to, within 60 days after arrival in the state, request a unique mark or identification for any unserialized firearm that is otherwise valid to possess in the state. The bill would also prohibit the possession, sale, transfer, or use of specified firearms manufacturing equipment, with exceptions for specified entities, including the Armed Forces of the United States, the National Guard, and law enforcement, as specified. The bill would declare its provisions to be severable. (3) Existing law prohibits a person from purchasing more than one handgun or semiautomatic centerfire rifle in a 30-day period. This bill would, commencing on January 1, 2024, also apply this limitation to completed frames or receivers and firearm precursor parts. (4) Existing law prohibits a person convicted of a felony from possessing a firearm. Existing law prohibits a person convicted of certain specified misdemeanors from possessing a firearm for a period of 10 years after that conviction. This bill would include in the 10-year prohibition, a misdemeanor violation of manufacturing an unserialized firearm, or aiding or abetting the manufacture of a firearm by a prohibited person, that occurs on or after January 1, 2023. The bill would also remove an erroneous cross-reference. (5) This bill would authorize the Department of Justice to adopt regulations to carry out its provisions. The bill would make other conforming, technical, and nonsubstantive changes. By creating new crimes expanding the application of numerous crimes, this bill would impose a state-mandated local program. (6) This bill would declare its provisions to be severable and would authorize the Department of Justice, if any provisions of this bill are held invalid, to enact regulations in furtherance of the bill purpose, including, without limitation, requiring a person to obtain a license to purchase or receive a firearm precursor part. (7) Existing law prohibits possession of a firearm without a serial number. Existing law prohibits possession of a firearm that has had the serial number altered, removed, or obliterated. Existing law defines a firearm to include the frame or receiver. Existing law requires any person in the business of manufacturing firearms, as specified, to be licensed. Existing law requires a person, other than a manufacturer, who assembles a firearm to apply to the Department of Justice for a serial number and to affix that number to the firearm, as specified. This bill would make certain findings and declarations relating to unserialized firearms. (8) This bill would declare that it is to take effect immediately as an urgency statute. (9) 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.
