Asm. Evan Low

This measure would formally apologize for California's past complicity in enabling and furthering the practice of slavery and would urge the United States Congress and the President of the United States to enact House Resolution 40 to study the legacy of slavery and provide recommendations on redress for descendants of enslaved persons.

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 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 authorizes local law enforcement agencies to have specified information related to firearms entered into the United States Department of Justice National Integrated Ballistic Information Network to ensure that representative samples of fired bullets and cartridge cases from crime scenes are recorded, as specified. This bill would require specified law enforcement agencies to obtain ballistic images from firearms and cartridge cases obtained by the agency as specified, and submit those images to the National Integrated Ballistic Information Network or a comparable automated ballistic identification system used by the agency. The bill would require those agencies that lack the capability to obtain or submit images to contract with another agency that is able to do so. The bill would also require the Department of Justice to develop a protocol for the implementation of this requirement. By requiring new duties for local agencies, this bill would create 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.

(1) Under the Higher Education Facilities Bond Act of 1986, the Higher Education Facilities Bond Act of 1988, and the Higher Education Facilities Bond Act of June 1992, the issuance, pursuant to the State General Obligation Bond Law, of bonds in an amount not to exceed $400,000,000, $600,000,000, and $900,000,000, respectively, and the expenditure of the revenues therefrom, were authorized for the purpose of aid to the University of California and the California State University for, among other things, the construction and equipping of educational facilities, as specified. Existing law establishes the Higher Education Facilities Finance Committee to administer those acts, and to authorize the issuance and sale of bonds to the extent necessary to fund the education facilities construction apportionments expressly authorized by the Legislature in the annual Budget Act. More recently, the Class Size Reduction Kindergarten-University Public Education Facilities Bond Act of 1998, the Kindergarten-University Public Education Facilities Bond Act of 2002, the Kindergarten-University Public Education Facilities Bond Act of 2004, and the Kindergarten-University Public Education Facilities Bond Act of 2006 authorized the issuance of bonds and the expenditure of revenues therefrom for the University of California and the California State University, as well as for the California Community Colleges and public elementary and secondary schools. This bill would enact the Higher Education Facilities Bond Act of 2020, which, upon approval by the state electorate, would authorize the issuance of state general obligation bonds in an amount not to exceed $8,000,000,000, with one-half of the amount designated for the University of California and the Hastings College of the Law and the other half designated for the California State University, for purposes similar to those specified in the Higher Education Facilities Bond Act of 1986, the Higher Education Facilities Bond Act of 1988, and the Higher Education Facilities Bond Act of June 1992, to be issued and sold in a manner similar to that provided under those acts. The bill would require that any request for funds from the bonds issued pursuant to the bond act enacted by this bill be accompanied by the 5-year capital outlay plan of the particular university or college and include a schedule that prioritizes the seismic retrofitting needed to significantly reduce seismic hazards in buildings identified as high priority by the university or college, as specified. (2) This bill would provide for the submission of the Higher Education Facilities Bond Act of 2020 to the voters at the March 3, 2020, statewide primary election, as specified.

The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA) , an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA imposes duties on the Bureau of Cannabis Control in the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health with respect to the creation, issuance, denial, suspension, and revocation of licenses issued pursuant to MAUCRSA. MAUCRSA authorizes those licensing authorities to issue a citation to a licensee or unlicensed person for any act or omission that violates or has violated a provision of MAUCRSA or a regulation adopted pursuant to MAUCRSA, as specified. MAUCRSA provides that these sanctions are separate from, and in addition to, all other administrative, civil, or criminal remedies. MAUCRSA authorizes those licensing authorities to recover from the licensee or person who was the subject of the citation costs of investigation and enforcement, as specified. MAUCRSA requires all cannabis advertisements and marketing to accurately and legibly identify the licensee responsible for that content by adding, at a minimum, the licensee's license number. This bill would impose a civil penalty on any licensee that violates that requirement, not to exceed $2,500 per day for each violation. The bill would provide that, in assessing the civil penalty, consideration is required to be given to the appropriateness of the amount assessed taking into account specified factors. The bill would allow the Attorney General, a district attorney, or a city attorney or prosecutor to bring a civil action for the civil penalty, as specified. MAUCRSA, in addition to the requirement that all cannabis advertisements and marketing accurately and legibly identify the licensee responsible for the content, also places certain audience restrictions and age affirmation requirements on cannabis advertisement and marketing. This bill would require an operator of an internet website, online service, online application, or mobile application to display a clear and reasonable statement, meeting specified requirements, to individuals who visit or use the internet website, online service, online application, or mobile application, and who are presented with any advertising or marketing for cannabis goods, containing specified explanations, including, among others, that cannabis products sold by unlicensed entities may not meet the safety, quality, or other standards required for the lawful sale of cannabis products by the State of California. The bill would prohibit an operator of an internet website, online service, online application, or mobile application that is operated primarily for the purpose of promoting, or disseminating information about, the sale of cannabis products in the State of California from displaying an advertisement for the sale of cannabis products unless the advertisement displays the license number of the licensee to which the advertisement pertains. This bill would impose a civil penalty on any person that violates these requirements, not to exceed $2,500 per day for each violation. The bill would provide that, in assessing the civil penalty, consideration is required to be given to the appropriateness of the amount assessed taking into account specified factors. The bill would allow the Attorney General, a district attorney, or a city attorney or prosecutor to bring a civil action for the civil penalty, as specified. MAUCRSA requires moneys that are collected pursuant to the above-described provision authorizing a licensing authority to issue a citation, and that are associated with the recovery of investigation and enforcement costs, to be deposited into the Cannabis Control Fund, and requires an administrative fine amount to be deposited directly into the Cannabis Fines and Penalties Account. MAUCRSA requires, except as otherwise provided, moneys collected pursuant to MAUCRSA as a result of fines or penalties imposed under MAUCRSA to be deposited directly into the Cannabis Fines and Penalties Account, and requires these moneys to be available, upon appropriation by the Legislature. This bill would require all civil penalties collected by civil action brought by the Attorney General pursuant to the provisions of this bill described above to be deposited into the Cannabis Advertisement Penalties Account, which this bill would create as an account in the Cannabis Control Fund, and would require, upon appropriation by the Legislature, all amounts deposited in the account to be allocated to licensing authorities to be used toward enforcement efforts against unlicensed commercial cannabis activity. The bill would require all civil penalties collected by a civil action brought by a district attorney or a city attorney or prosecutor to be used towards enforcement efforts against unlicensed commercial cannabis activity after reimbursement for costs. MAUCRSA imposes specified restrictions on advertising or marketing placed in broadcast, cable, radio, print, and digital communications. This bill would prohibit a technology platform from substituting an internal identification system in place of an active state licensee number issued by a state licensing authority pursuant to MAUCRSA. This bill would also require any advertising or marketing by a licensee placed in broadcast, cable, radio, print, and digital communication to contain a license number. MAUCRSA imposes a civil penalty on a person engaging in commercial cannabis activity without a license as required by the act, of up to 3 times the amount of the license fee for each violation. That provision requires all civil penalties imposed and collected pursuant to that provision by a licensing authority to be deposited into the General Fund, except as specified. This bill would extend that civil penalty to persons aiding and abetting that unlicensed commercial cannabis activity. MAUCRSA requires civil penalties collected by the Attorney General in an action brought against a person pursuant to the act on behalf of the people to be deposited into the General Fund. This bill would extend that requirement to actions for civil penalties brought against a person pursuant to MAUCRSA by the Attorney General on the behalf of any participating agency. This bill would also instead require any civil penalties to be first used to reimburse the Attorney General and the participating agency for the costs of investigating and bringing the action for civil penalties, with the remainder collected, if any, to be deposited into the General Fund. By authorizing the expenditure of civil penalties, which are general funds, to be used to reimburse the Attorney General and the participating agency, this bill would make an appropriation. AUMA authorizes the Legislature to amend the act to further the purposes and intent of the act with a 23 vote of the membership of both houses of the Legislature, except as provided. This bill would declare that its provisions further the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.

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.