Asm. Jacqui Irwin

This measure would proclaim January 13, 2018, as Korean American Day.

This measure would honor the late Reverend Dr. Martin Luther King, Jr. and commemorate Dr. Martin Luther King, Jr. Day.

This measure would designate the month of January 2018 as Gang Awareness and Prevention Month in the State of California and would encourage cities and constituents across the state to observe the month with appropriate programs, ceremonies, and activities to prevent future gang activity and honor those who lost their lives due to gang activity.

Existing law generally protects employees who disclose illegal or improper workplace activities by prohibiting interference with, and retaliation for, making such disclosures. Existing law provides procedures for a person to file a complaint alleging violations of legislative ethics. Existing law also authorizes each house of the Legislature to adopt rules for its proceedings and to select committees necessary for the conduct of its business. This bill would impose criminal and civil liability on a Member of the Legislature or legislative employee, as defined, who interferes with, or retaliates against, a legislative employee's exercise of the right to make a protected disclosure, which is defined as a good faith allegation made by a legislative employee to specified entities that a Member of the Legislature or a legislative employee has engaged in, or will engage in, activity that may constitute a violation of law, including sexual harassment, or a violation of a legislative standard of conduct. The bill would also impose civil liability on an entity that interferes with, or retaliates against, a legislative employee's exercise of the right to make a protected disclosure, as specified. By creating new crimes, 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. This bill would declare that it is to take effect immediately as an urgency statute.

Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, and provides various exemptions from those taxes. Existing law requires that any amount collected or paid in excess of what is due under that law is required to be credited by the State Board of Equalization against any other amounts due and payable from the person from whom the excess amount was collected or by whom it was paid, and the balance refunded to the person, as provided. This bill, notwithstanding any other law, would require the board, on and after January 1, 2018, and before January 1, 2023, to credit and setoff underpayment of taxes barred by the statute of limitations, provided a specified condition is met, in one quarter against an overpayment of taxes in another quarter within the same calendar year, if both the set off and overpayment occurred during the same period put at issue by the taxpayer's claim to refund. The bill, under the same conditions, would also require the board, on and after January 1, 2018, and before January 1, 2023, to credit and set off overpayment of taxes barred by the statute of limitations in one quarter against an underpayment of taxes in another quarter within the same calendar year, if both the setoff and overpayment occurred during the same period put at issue by the taxpayer's claim for refund. On or before January 1, 2021, the bill would require the board to submit a specified report to the Legislature relating to these requirements.

Existing law regulates activities of listing agents, selling agents, and associate licensees in real property transactions. Existing law requires the listing agent and the selling agent to provide the seller and the buyer with a specified disclosure form. The disclosure form, among other things, states that a real estate agent acting directly or through one or more associate licensees can legally be the agent of both the seller and the buyer in a transaction, but only with the knowledge and consent of both seller and buyer. Selling agents and listing agents are required to disclose when they act as dual agent representatives, subject to specified requirements. Existing law provides that these and other provisions do not relieve agents and their associate licensees, subagents, and employees from liability for their conduct, as specified, or for any breach of a fiduciary duty or a duty of disclosure. This bill would declare that the law regarding the responsibilities of associate licensees and supervising brokers in dual agency transactions requires clarification due to the holding in a specified California Supreme Court decision. The bill would describe when dual agency exists and would specify, with respect to certain provisions of existing law, some of the duties of licensees in conducting dual agency transactions. The bill would also revise the mandatory disclosure form used in dual agency transactions to make the terms in the form consistent with the ruling by the California Supreme Court, referenced above.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, as defined, while local publicly owned electric utilities, as defined, are under the direction of their governing boards. Existing law authorizes the Public Utilities Commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. This bill would require local publicly owned electric utilities, when adjusting their rates, to collect and analyze data supporting their proposed investments in the electrical grid. The bill would require those utilities to make that data and analysis publicly available and, upon request, to electronically transfer that data and analysis to the requester. The bill would require that the data and analysis be in a digital, machine-readable format. This bill would require the commission to consider providing the public with access to data, in a digital, machine-readable format, related to proposed investments in the electrical grid by electrical corporations, to the degree that the access is feasible and protects both grid security and privacy. By imposing additional duties on local agencies, this bill would impose a state-mandated local program. Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because a violation of an order or decision of the commission implementing the requirements of the bill would be a crime, the bill would impose a state-mandated local program by creating a new crime. 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 specified reasons.

Existing law establishes the Governor's Office of Business and Economic Development, and requires that office to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth, and authorizes the office to exercise various powers, including, among others, making recommendations to the Governor and the Legislature regarding policies, programs, and actions to advance statewide economic goals. This bill would require the office to, on or before July 1, 2018, commission and complete a study that would evaluate the economic impact of California's cybersecurity industry, and would require that study to include certain information. The bill would require the office to provide the Legislature with the results of the study, along with recommendations for promoting the economic and workforce development of the state's cybersecurity industry. The bill would repeal these provisions as of January 1, 2022.