Existing law, until January 1, 2019, establishes the Professional Fiduciaries Bureau within the Department of Consumer Affairs, and requires the bureau to license and regulate professional fiduciaries. Existing law prescribes specified qualifications, including education and work experience, for licensure as a professional fiduciary. Existing law requires the licensee to initially, and annually thereafter, file with the bureau a statement under penalty of perjury as to whether, among other things, he or she has been removed for cause as a conservator, guardian, trustee, or personal representative. Existing law requires the bureau to maintain specified information in the licensee's file, including whether the licensee has ever been removed for cause or resigned as a conservator, guardian, trustee, or personal representative and requires the bureau to make this information available to a court for any purpose. Existing law requires the bureau to investigate the actions of a professional fiduciary upon receipt of a complaint from any person. This bill would extend the operation of the bureau to January 1, 2023. The bill would expand the work experience requirements to qualify for licensure as a professional fiduciary and would require a licensee to additionally include in his or her statement, filed under penalty of perjury, whether he or she has been removed for cause as an agent under a durable power of attorney for health care or as an agent under a durable power of attorney for finances. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. This bill would also require the bureau to maintain in the licensee's file, among other things, the licensee's current principals under a durable power of attorney for healthcare or finances and whether the licensee has ever been removed for cause or resigned, as provided, as an agent under a durable power of attorney for health care or as an agent under a durable power of attorney for finances. The bill would prohibit a licensee, as specified, from billing a client, or imposing a fee on the estate or trust of a client, for responding to a complaint filed with the bureau against the licensee. 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.
Sponsored bills
(1) Existing law prohibits the Board of Directors of the Hastings College of the Law, the Board of Governors of the California Community Colleges, the Trustees of the California State University, and, if they adopt an appropriate resolution, the Regents of the University of California, from collecting mandatory systemwide tuition and fees from any surviving spouse or surviving child of a deceased person who was a resident of the state and employed by or contracting with a public agency, whose principal duties consisted of active law enforcement service or active fire suppression and prevention, and who died as a result of his or her duties, as specified. This bill would require the Hastings College of Law, and each campus of the California Community Colleges and the California State University that has an Internet Web site, and, in the event that the regents adopt an appropriate resolution, each campus of the University of California that has an Internet Web site, to provide an online posting or notice of systemwide fee or tuition waivers available to students pursuant to the provision described above. The bill would require that the online posting or notice be accessible through a prominent direct link to an application for a waiver of the systemwide fee or tuition, that the direct link appear on the primary Web page of the financial aid section of the campus Web site, and that the direct link be accompanied by a description of eligibility requirements for the waiver of the systemwide fee or tuition, as specified. To the extent that this bill would impose new duties on community college districts, it would constitute 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, 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) The Control, Regulate and Tax Adult Use of Marijuana Act (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, and renamed the Bureau of Marijuana Control the Bureau of Cannabis Control. This bill would make nonsubstantive changes to reflect the name change of the Bureau of Cannabis Control, and would make other conforming changes to reflect the consolidation of the licensure and regulation of commercial medicinal and adult-use cannabis activities. (2) MAUCRSA defines various terms for purposes of the act. MAUCRSA also allows the issuance of a microbusiness license for the cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer, provided the licensee can demonstrate compliance with all requirements imposed by MAUCRSA on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the licensee engages in such activities. This bill would define a microbusiness for purposes of the act consistent with that licensing authorization and make other related nonsubstantive changes. (3) MAUCRSA defines an applicant for purposes of the act to be an owner applying for a state license. That act requires, when applying for a state license, among other things, each owner to electronically submit to the Department of Justice fingerprint images for specified purposes. This bill would make a clarifying change to the fingerprint requirement. (4) MAUCRSA requires the Department of Food and Agriculture, in consultation with the Bureau of Cannabis Control, to establish a track and trace program for reporting the movement of cannabis and cannabis products throughout the distribution chain that utilizes a unique identifier to be issued for each cannabis plant. MAUCRSA requires the Department of Food and Agriculture, in consultation with the State Board of Equalization, to ensure that the track and trace program can track and trace the amount of the cannabis cultivation tax imposed by AUMA and to create an electronic database containing the electronic shipping manifests to facilitate the administration of the track and trace program. Existing law, on July 1, 2017, transferred to the California Department of Tax and Fee Administration the various duties, powers, and responsibilities of the State Board of Equalization except for those duties, powers, and responsibilities imposed or conferred upon the board by the California Constitution, as specified. That transfer of duties, powers, and responsibilities includes the administration of the cannabis excise tax and cannabis cultivation tax. This bill would make a nonsubstantive, conforming change to MAUCRSA to reflect the transfer of duties, powers, and responsibilities of the board to the California Department of Tax and Fee Administration. (5) This bill would incorporate additional changes to Section 27 of the Business and Professions Code proposed by SB 1483 and SB 1491 to be operative only if this bill and either or both SB 1483 and SB 1491 are enacted and this bill is enacted last. The bill would incorporate additional changes to Section 26051.5 of the Business and Professions Code proposed by AB 2799 and AB 2980 to be operative only if this bill and either or both AB 2799 and AB 2980 are enacted and this bill is enacted last. This bill would make its proposed changes to Section 26070 of the Business and Professions Code inoperative if AB 2255 is enacted. The bill would make its proposed changes to Section 101 of the Business and Professions Code inoperative if AB 3110, SB 1482, SB 1483, or any combination thereof, is enacted.
Existing law regulates tax preparers and states that it is the intent of the provisions governing the regulation of tax preparers to enable consumers to easily identify credible tax preparers who are bonded and registered, to ensure tax preparers receive adequate education and treat confidential information appropriately, to prohibit tax preparers from making fraudulent, untrue, or misleading representations, and to provide for the California Tax Education Council (council) to register tax preparers and ensure that they meet all necessary requirements. Existing law, for the purposes of these provisions, defines client to mean an individual for whom a tax preparer performs or agrees to perform tax preparation services, and defines the council as a single nonprofit organization exempt from taxation and made up of representatives from specified entities. Existing law requires the council to issue a registration to any applicant who provides satisfactory evidence that he or she meets specified requirements and who complies with the rules established by the council. Existing law requires a tax preparer to provide to the customer in writing specified information prior to rendering any tax preparation services. Except as specified, a violation of these provisions is a crime. Existing law repeals these provisions on January 1, 2019. The Bagley-Keene Open Meeting Act requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. This bill would name these provisions the Tax Preparation Act, and would require a tax preparer, on and after July 1, 2019, to report a paid claim against its surety bond to the council, which would be required to post a notice of the claim on its Internet Web site. The bill would extend the definition of client to the term "customer." The bill would establish public protection as the council's highest priority in exercising its registration and disciplinary authority and other functions. The bill would make the meetings of the council's board of directors subject to the Bagley-Keene Open Meeting Act. The bill would require the council to establish and maintain on its Internet Web site a searchable public registry of registrants with specified information about each registrant. The bill would require a tax preparer to include the address of the council's Internet Web site in the information the tax preparer is required to provide to a customer before rendering services. The bill would direct the council to require an applicant, beginning July 1, 2020, to submit fingerprint images for submission to the Department of Justice, and would require the Department of Justice to compile and disseminate a fitness determination regarding the applicant based on the applicant's criminal offender record information, as prescribed. The bill would require the Department of Justice and the council to charge a fee sufficient to cover the costs of processing the request for state- and federal-level criminal offender record information. The bill would include among the list of persons exempt from the act an employee supervised by a person who is exempt from the act, subject to specified conditions. The bill would extend the operation of the act's provisions to January 1, 2023. By extending the operation of these provisions, the 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.
The California Constitution authorizes the Legislature to permit private, nonprofit organizations to conduct raffles as a funding mechanism to support beneficial and charitable works, if, among other conditions, at least 90% of the gross receipts from the raffle go directly to beneficial or charitable purposes in California. The California Constitution further authorizes the Legislature to amend the percentage of gross receipts required to be dedicated to beneficial or charitable purposes by a statute passed by a 23 vote of each house of the Legislature. Existing statutory law implements those provisions and requires the Department of Justice to administer and enforce those provisions. Existing statutory law, until December 31, 2018, authorizes a major league sports raffle at a home game conducted by an eligible organization, as defined, for the purpose of directly supporting specified beneficial or charitable purposes in California, or financially supporting another private, nonprofit, eligible organization, as defined, that performs those purposes if, among other requirements, 50% of the gross receipts generated from the sale of raffle tickets are used to benefit or provide support for beneficial or charitable purposes, as defined, the other 50% is paid to the winner, and the winners of the prizes are determined by a manual draw, as specified. Existing law authorizes a loan from the General Fund to the Major League Sporting Event Raffle Fund to address departmental workload related to the Department of Justice's initial implementation of enforcement activities relating to these provisions and requires the loan to be repaid to the General Fund by no later than December 31, 2018. This bill would extend the operation of those provisions until January 1, 2024. The bill would also extend the date by which the loan from the General Fund to the Major League Sporting Event Raffle Fund must be repaid to the General Fund to no later than December 31, 2023. By extending the operation of provisions that revise the percentage of gross receipts required to go to beneficial or charitable purposes pursuant to the California Constitution, this bill would require a 23 vote of each house. Existing law requires an eligible organization to annually file a report for each of the eligible organization's last 3 fiscal years that includes specified information, including, among other things, the aggregate gross receipts from the operation of raffles and the charitable or beneficial purposes for which proceeds of the raffles were used. Existing law requires the department to make these reports available to the public pursuant to the online search portal of the Attorney General's Registry of Charitable Trusts. Under existing law, the failure to submit these reports is grounds for denial of an annual registration. This bill would instead require an eligible organization to file with the department and post on a specified Internet Web site, each season or year, a report that includes, among other things, the total number of raffles conducted for the season or year, the gross receipts generated from the sale of raffle tickets for the season or year, and for each raffle, each eligible recipient organization, and the amount each eligible recipient organization received. The bill would instead require the department to post the reports on its Internet Web site, but not on the online search portal of the Attorney General's Registry of Charitable Trusts. The bill would further authorize the imposition of penalties for the failure to submit these reports, as specified. Existing law authorizes the department to require the payment of fees to cover the reasonable costs of the department in administering and enforcing the above-described provisions, including a minimum annual registration fee of $5,000 to be paid by an eligible organization and a fee of $100 for every individual raffle conducted by the eligible organization at an eligible location, a minimum annual registration fee of $10 to be paid by a person affiliated with the eligible organization who conducts the manual raffle draw, and a minimum annual registration fee of $5,000 to be paid by a manufacturer or distributor of raffle-related products or services. Existing law authorizes the department to audit the records and other documents of a registrant to ensure compliance and authorizes the department to charge a registrant the direct costs associated with that audit. This bill would increase the department's authority to assess fees for those purposes by doubling the amounts specified above. The bill would provide that the department is entitled to reimbursement from a registrant for all actual, reasonable, and direct costs of an audit, as specified. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law generally governs the transactions between a rental car company, also referred to as a rental company, and its customers. Existing law, the Consumer Automotive Recall Safety Act (CARS Act) , prohibits a dealer or rental car company, as defined, with a motor vehicle fleet of 34 or fewer loaner or rental vehicles from loaning, renting, or offering for loan or rent a vehicle subject to a manufacturer's recall after receiving a notice of the recall, as specified, until the vehicle has been repaired, with exceptions. Existing law requires a personal vehicle sharing program, which facilitates the sharing of private passenger vehicles for noncommercial use, to provide specified insurance coverage for a vehicle and driver while the vehicle is engaged in personal ride sharing. Under existing law, it is an infraction for a person to violate, or fail to comply with, a provision of the Vehicle Code, unless otherwise specified. This bill would prohibit, as soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturer's recall and a recall notice has been issued by the manufacturer and appears in the National Highway Traffic Safety Administration recall database, or not more than 48 hours after receiving notification of a manufacturer's recall by a specified third party, a personal vehicle sharing program, as defined, from facilitating or arranging for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the National Highway Traffic Safety Administration recall database. By creating new prohibitions, the violation of which would be a crime under existing law, this bill would impose a state-mandated local program. The CARS Act provides that it does not create any legal duty upon the dealer, rental car company, or the Department of Motor Vehicles related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, or department obtained the recall database report. This bill would additionally provide that the CARS Act does not create any legal duty upon a personal vehicle sharing program related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after a personal vehicle sharing program obtained the recall database report. 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 establishes the Acupuncture Board, which consists of 7 members, to administer and enforce laws in the Acupuncture Licensure Act until January 1, 2019. The Acupuncture Licensure Act authorizes the board, until January 1, 2019, to appoint an executive officer. Existing law specifies that, for purposes of the act, an "approved educational and training program" is a school or college that meets specified conditions and requirements, including, among others, being granted candidacy status by the Accreditation Commission for Acupuncture and Oriental Medicine, as provided. This bill would extend the operation of the board and the authority to appoint an executive officer to January 1, 2023. The bill would require an approved educational and training program to be granted preaccreditation status, rather than candidacy status, by the Accreditation Commission for Acupuncture and Oriental Medicine. Existing law makes it a misdemeanor for a person who does not hold a current and valid acupuncturist's license to hold himself or herself out as practicing or engaging in the practice of acupuncture and describes what constitutes a person holding himself or herself out as engaging in the practice of acupuncture to include, among other things, representing that the person is trained, experienced, or an expert in the field of acupuncture, Asian medicine, or Chinese medicine. This bill would instead make it a misdemeanor for a person who does not hold a current and valid acupuncturist's license to advertise or otherwise represent that he or she is practicing or engaging in the practice of acupuncture and would describe what constitutes advertising or representing that a person is practicing or engaging in the practice of acupuncture to include, among other things, representing that the person is trained, experienced, an expert, or otherwise qualified to practice in the field of acupuncture, Asian medicine, oriental medicine, or any other complementary or integrative medicine that involves acupuncture and is associated with an Asian subgroup. Because the bill would expand the scope of a crime, the bill would impose a state-mandated local program. Existing law provides that unprofessional conduct includes the knowing failure to protect patients by failing to follow infection control guidelines, as specified, and requires the board to consult, as necessary, with the Medical Board of California and certain other healing arts boards to encourage appropriate consistency in implementing that provision. This bill would instead require the board to consult, as necessary, with any healing arts board, as specified. The bill would make other technical 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.
(1) Existing law establishes the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, under the direction of a chief who is responsible to the Director of Consumer Affairs, and specifies that the powers and duties of the bureau shall be subject to review by the appropriate policy committees of the Legislature as if the provisions were scheduled to be repealed on January 1, 2019. This bill would extend that date to January 1, 2023, and would rename the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation as the Bureau of Household Goods and Services and would make related technical changes. (2) Existing law authorizes the director, in accordance with the State Civil Service Act, to appoint and fix the compensation of inspectors and other personnel as may be necessary for the administration of the Home Furnishings and Thermal Insulation Act. Existing law also establishes the Division of Investigation within the Department of Consumer Affairs, comprised of investigators who have the authority of peace officers and the division is headed by the Chief of the Division of Investigation. This bill would specify that the director, in accordance with the State Civil Service Act and the provisions establishing the Division of Investigation, is authorized to appoint and fix the compensation of such clerical, inspection, investigation, and auditing personnel as well as a deputy chief as may be necessary to carry out the Home Furnishings and Thermal Insulation Act, and would require such personnel to perform their respective duties under the supervision and the direction of the chief. (3) The Home Furnishings and Thermal Insulation Act provides for the licensure and regulation by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation of persons engaged in various businesses associated with home furnishings, including custom upholsterers. The act requires a custom upholsterer to give a customer a written estimate of the price of the labor and materials necessary for a specific job. The act also requires all work to be performed by a custom upholsterer to be recorded on a work order containing specified information and requires one copy of the work order to be given to the customer before any work is performed and one copy to be retained by the custom upholsterer for at least one year. This bill would specify that the provisions pertaining to a written estimate shall not prohibit the use of a written estimate in electronic format. The bill would require a custom upholsterer who provides a copy of a work order to a customer in electronic format to retain an electronic copy of the order for at least one year, as specified. (4) The Electronic and Appliance Repair Dealer Registration Law provides for the licensure and regulation of service dealers, as defined, by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation within the Department of Consumer Affairs and makes a violation of its provisions a misdemeanor. That law requires all work done by a service dealer to be recorded on an invoice and requires one copy to be given to the customer and one copy to be retained by the service dealer for at least 3 years. That law also requires a service dealer to provide an initial written estimate for the cost of repair, as specified. This bill would require a service dealer who provides a copy of the invoice to a customer in electronic format to retain an electronic copy for at least 3 years, as provided. The bill would specify that the provisions pertaining to a written estimate shall not prohibit the use of a written estimate in electronic format. (5) Until January 1, 2019, the Electronic and Appliance Repair Dealer Registration Law also specifically regulates service contracts and service contractors and defines the term "service contract" to mean a written contract to perform services relating to the maintenance, replacement, or repair of certain consumer goods. That law requires a service contractor to file a copy of the contract form it issues with the director of the department prior to its use. This bill, on and after January 1, 2020, would define the term "service contract" to apply more generally to all consumer goods, as defined, used for personal, family, or household purposes. The bill would require a service contractor to file a copy of the contract form it uses with the director no later than 30 days before use and to also file all documents incorporated by reference into a service contract per the contract form. The bill would require each service contract form filed with the director to have a unique number and last revised date. The bill would prohibit any changes to the text of a contract form unless the revised language has been submitted to the director for review, except as specified. The bill would also extend the operation of the service contractor provisions to January 1, 2023. Because the bill would expand the scope of a crime, it would impose a state-mandated local program. (6) This bill would make technical changes to the Business and Professions Code. (7) This bill would incorporate additional changes to Section 27 of the Business and Professions Code proposed by SB 1491 and AB 3261 to be operative only if this bill and either or both SB 1491 and AB 3261 are enacted and this bill is enacted last. The bill would incorporate additional changes to Section 101 of the Business and Professions Code proposed by SB 1482 and AB 3110 to be operative only if this bill and either or both SB 1482 and AB 3110 are enacted and this bill is enacted last. (8) 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.
The Medicinal and Adult-Use Cannabis Regulation and Safety Act, among other things, provides for the licensure and regulation of commercial cannabis activity, including cultivation, manufacturing, distribution, and retail sale. Existing law requires licensees to maintain specified records of commercial cannabis transactions. Existing law, the California Uniform Controlled Substances Act, makes various acts involving marijuana a crime except as authorized by law. Existing law, the Medical Marijuana Program (MMP) , requires counties to administer an identification card program for qualified patients and provides immunity from arrest to qualified patients with a valid identification card or designated primary caregivers, within prescribed limits. Existing law requires information identifying the names of patients, their medical conditions, or the names of their primary caregivers received and contained in records kept by the Bureau of Cannabis Control for the purposes of administering the act to be maintained in accordance with state law relating to patient access to his or her health records, the Confidentiality of Medical Information Act, and other state and federal laws relating to confidential patient information, and provides that this information is confidential and exempt from disclosure under the California Public Records Act, except as specified. Existing law deems information contained in a physician's recommendation to use cannabis for medical purposes to be "medical information" within the meaning of the Confidentiality of Medical Information Act, and prohibits a licensee from disclosing this information, except as specified. Existing law, the Confidentiality of Medical Information Act, prohibits providers of health care, health care service plans, contractors, employers, and 3rd-party administrators, among others, from disclosing medical information, as defined, without the patient's written authorization, subject to certain exceptions, as specified. A violation of the act resulting in economic loss or personal injury to a patient is a misdemeanor and subjects the violating party to liability for specified damages and administrative fines and penalties. This bill would prohibit a licensee from disclosing a consumer's personal information, as defined, to a 3rd party, as specified, except to the extent necessary to allow responsibility for payment to be determined and payment to be made or if the consumer has consented to the licensee's disclosure of the personal information. The bill would prohibit a licensee from discriminating against a consumer or denying a consumer a product or service because he or she has not provided consent to authorize the licensee to disclose the consumer's nonpublic personal information to a 3rd party not directly related to the transaction. This bill would deem a business licensed under the Medicinal and Adult-Use Cannabis Regulation and Safety Act that is authorized to receive or receives identification cards issued pursuant to the MMP or information contained in a physician's recommendation to be a provider of health care subject to the requirements of the Confidentiality of Medical Information Act. The bill would further deem identification cards issued to qualified patients to be "medical information" within the meaning of the Confidentiality of Medical Information Act, and would prohibit a licensee from disclosing that information, except as specified. The bill would provide exceptions to the prohibitions on disclosure of a consumer's personal information, identification cards, and information contained in a physician's recommendation for a contractor providing software services to a licensee, as specified. By expanding the scope of a crime, the bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 56.06 of the Civil Code proposed by AB 2167 to be operative only if this bill and AB 2167 are enacted and this bill is enacted last. 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 Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Under existing law, any amendment to a city or county ordinance relating to gambling establishments, or the Gambling Control Act, is required to be submitted to the Department of Justice for review and comment before the ordinance is adopted by the city or county. This bill would require the Department of Justice to review and comment on any submitted ordinance within 60 days of receiving the ordinance.