This measure would honor the late Reverend Dr. Martin Luther King, Jr. and commemorate Dr. Martin Luther King, Jr. Day.
(1) The County Service Area Law authorizes a county service area to provide any governmental services and facilities within the county service area that the county is authorized to perform, and that the county does not perform to the same extent on a countywide basis, and expressly authorizes a county service area to provide specified services and facilities, including, among others, television translator services and low-power television services. This bill would expressly authorize a county service area to acquire, construct, improve, maintain, and operate broadband Internet access services, and would require a county service area that does so to take certain actions regarding the accessing of content on the Internet by end users of that service, as described below. (2) Existing law authorizes any municipal corporation to acquire, construct, own, operate, or lease any public utility, and provides that "public utility" for these purposes means to supply the inhabitants of that municipal corporation with specified services, including a means of communication. Existing law similarly authorizes a municipal utility district and a public utility district to acquire, construct, own, operate, control, or use works for supplying the inhabitants of the district with specified services, including a means of communication. Existing law, as described in more detail below, authorizes a community services district to construct, own, improve, maintain, and operate broadband facilities and to provide broadband services if certain conditions are met. This bill would, except as provided, prohibit a local agency that is authorized to engage in the provision of broadband Internet access service, as defined, in the state from taking certain actions regarding the accessing of content on the Internet by end users. (3) Existing law authorizes an infrastructure financing district to finance public capital facilities of communitywide significance that provide significant benefits to an area larger than the area of the district, including, among others, public capital facilities or projects that include broadband. This bill would authorize an infrastructure financing district that finances public capital facilities or projects that include broadband to transfer the management and operation of any broadband facilities that were financed to a local agency that is authorized to provide broadband Internet access service, and would require any local agency that receives those facilities to take certain actions regarding the accessing of content on the Internet by end users of that service, as described above. (4) Existing law authorizes the legislative body of a city or a county to establish an enhanced infrastructure financing district to finance public capital facilities or other specified projects of communitywide significance. Existing law authorizes a district to finance, among other things, the purchase, construction, expansion, or rehabilitation of property and related planning and design work. Existing law prohibits a district from financing routine maintenance and repair work. This bill would additionally authorize a district to finance capital facilities or projects of communitywide significance to acquire, construct, or improve broadband Internet access services. This bill would authorize a district that acquires, constructs, or improves broadband Internet access service to transfer the management and control of those services to a local agency that is authorized to provide broadband Internet access services, and would prohibit any local agency that receives management and control of those services from taking certain actions regarding the accessing of content on the Internet by end users of that service, as described above. (5) The Community Services District Law authorizes the establishment of community services districts to provide various services to the geographic area within each district, including, among other things, if the district is unable to locate a private person or entity who is willing or able to provide broadband service, constructing, owning, improving, maintaining, and operating broadband facilities and providing broadband services. Existing law provides that if a community service district exercises this power and later a private person or entity is ready, willing, and able to acquire, construct, improve, maintain, and operate broadband facilities and to provide broadband services at a comparable cost and quality of service to what is provided by the district, then the district is required to either transfer title to the broadband facilities so constructed to the private entity at fair market value or to lease the operation of those broadband facilities at a fair market value to that private person or entity. This bill would broaden that authorization by removing the requirement that a district first determine that a private person or entity is unwilling or unable to provide broadband services before the district may contract, own, improve, and operate broadband facilities and provide broadband services. The bill would authorize a district to transfer title to the broadband facilities so constructed, or to lease the operation of those facilities, to a private entity that the district determines is ready, willing, and able to provide those services at a comparable cost and quality of service to what is provided by the district. (6) This bill would incorporate additional changes to Section 53398.52 of the Government Code proposed by SB 1078 and SB 1145 to be operative only if this bill and either or both SB 1078 and SB 1145 are enacted and this bill is enacted last.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , approved by the voters at the November 8, 2016, statewide general election, regulates the cultivation, distribution, transport, storage, manufacturing, testing, processing, sale, and use of marijuana for nonmedical purposes by people 21 years of age and older. 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 authorizes a licensee to advertise and market cannabis and cannabis products subject to specified restrictions, including accurately and legibly identifying the licensee responsible for that content by adding, at a minimum, the licensee's license number, and prohibits a licensee from, among other things, advertising or marketing in a manner that is false or untrue. Under MAUCRSA, each licensing authority is authorized to suspend or revoke a licensee's license for failure to comply with these provisions, among other things. This bill would prohibit a licensee from publishing or disseminating advertisements or marketing of cannabis and cannabis products while the licensee's license is suspended. AUMA authorizes the Legislature to amend by majority vote certain provisions of the act to implement specified substantive provisions, provided that the amendments are consistent with and further the purposes and intent of AUMA. This bill would declare that its provisions implement specified substantive provisions of AUMA and are consistent with and further the purposes and intent of AUMA.
Existing law prohibits an operator of an Internet Web site, online service, online application, or mobile application, as specified, from marketing or advertising specified types of products or services to a minor. Existing law also makes it unlawful for any person to sell specified products or services to a minor or requires permission from a parent or legal guardian in order to sell to a minor. Under existing law, generally a minor may make a contract in the same manner as an adult. This bill, commencing on January 1, 2020, would require a person or business that conducts business in California and that seeks to sell specified products or services, to take reasonable steps, as specified, to ensure that the purchaser is of legal age at the time of purchase or delivery, including, but not limited to, verifying the age of the purchaser. The bill would prohibit a person or business that is required to comply with these provisions from retaining, using, or disclosing any information it receives in an effort to verify age from a purchaser or recipient for any purpose other than complying with these provisions, California law, or a state or federal court order. The bill would specify that a business or person that violates these provisions is subject to a civil penalty not exceeding $7,500 for each violation.
(1) Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny where the property taken does not exceed $950, to be punished as a misdemeanor. Proposition 47 requires that the act of shoplifting be charged as shoplifting and prohibits a person who is charged with shoplifting from being charged with burglary or theft of the same property. This bill would, until January 1, 2021, create the crime of organized retail theft which would be defined as acting in concert with one or more persons to steal merchandise from one or more merchant's premises or online marketplace with the intent to sell, exchange, or return the merchandise for value, acting in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acting as the agent of another individual or group of individuals to steal merchandise from one or more merchant's premises or online marketplaces as part of a plan to commit theft, or recruiting, coordinating, organizing, supervising, directing, managing, or financing another to undertake acts of theft. The bill would make these crimes punishable as either misdemeanors or felonies, as specified. By creating new crimes, this bill would impose a state-mandated local program. (2) Under existing law, when a public offense is committed in part in one jurisdictional territory and in part in another jurisdictional territory, or the acts constituting or requisite to the consummation of the offense occur in 2 or more jurisdictional territories, the jurisdiction for the offense is in any competent court within either jurisdictional territory. This bill would, until January 1, 2021, additionally establish the jurisdiction of a criminal action for theft, organized retail theft, or receipt of stolen property as including the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of the offense. The bill would also, if multiple offenses of theft or other specified crimes all involving the same defendant or defendants and the same merchandise or the same defendant or defendants and the scheme or substantially similar activity occur in multiple jurisdictions, establish that any of those jurisdictions is a proper jurisdiction for all of the offenses. (3) Existing law generally requires that a person arrested for a misdemeanor be released on written notice to appear in court. Existing law allows a peace officer to retain a person in custody on an arrest for a misdemeanor if, among other reasons, there are one or more outstanding arrest warrants for the person, there is reason to believe the person will not appear in court, or there is a reasonable likelihood that the offense will continue or resume. This bill would, until January 1, 2021, allow a peace officer to retain a person arrested for a misdemeanor if there are unresolved failures to appear in court on previous misdemeanor citations, if he or she has been cited, arrested, or convicted for misdemeanor or felony theft from a store or from a vehicle in the previous 6 months, or if there is probable cause to believe that the person arrested is guilty of committing organized retail theft, as defined. By increasing the number of persons subject to detention at the county jail, this bill would create a state-mandated local program. (4) Existing law authorizes a court to issue a bench warrant whenever a defendant fails to appear in court as required by law, as specified. This bill would, until January 1, 2021, authorize the issuance of a bench warrant if a defendant has been cited or arrested for misdemeanor or felony theft from a store or vehicle and has failed to appear in court in connection with that charge or those charges in the previous 6 months. (5) Existing law authorizes a court, with the consent of the defendant and a waiver of the defendant's speedy trial right, to postpone prosecution of a misdemeanor and place the defendant in a pretrial diversion program or a deferred entry of judgment program under specified situations. This bill would, until January 1, 2021, authorize a city or county prosecuting attorney or a county probation department to create a diversion or deferred entry of judgment program for persons who commit repeat theft offenses, as specified. Under the program, the prosecuting attorney may enter into a written agreement to refrain from or defer prosecution on the offense or offenses if the person completes program requirements such as community service and makes adequate restitution or an appropriate substitute for restitution to the establishment or person from which property was stolen. (6) Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California's adult and juvenile criminal justice system. This bill would, until January 1, 2021, additionally require the board to, upon appropriation by the Legislature, award funding for a grant program to 4 or more county superior courts or county probation departments to create demonstration projects to reduce the recidivism of high-risk misdemeanor probationers through the use of risk assessments at sentencing and formal probation. The bill would require the board to develop reporting requirements for each county, as specified, and would require the board to prepare and distribute a report that compiles this information, as specified. The bill would also, until January 1, 2021, require the Department of the California Highway Patrol to, in coordination with the Department of Justice, convene a regional property crimes task force to assist local law enforcement in counties identified by the Department of the California Highway Patrol as having elevated levels of property crime, including, but not limited to, organized retail theft and vehicle burglary. The bill would require the task force to provide local law enforcement in the identified region with logistical support and other law enforcement resources, including, but not limited to, personnel and equipment, as determined to be appropriate by the Commissioner of the California Highway Patrol in consultation with task force members. (7) The bill would provide that its provisions are severable. (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 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.
Existing law authorizes the sheriff of a county or the chief or other head of a municipal police department of any city or city and county to issue a license to carry a concealed firearm to an applicant for that license if the applicant is of good moral character, good cause exists for issuance of the license, the applicant meets specified residency requirements, and the applicant has completed a specified course of training, acceptable to the licensing authority. Under existing law, the required course of training for an applicant must be no more than 16 hours and must cover firearm safety and laws regarding the permissible use of a firearm. This bill would require that the course of training be at least 8 but not be required to exceed 16 hours. The bill would require the course of training to include instruction on firearm handling and shooting technique and to also include a demonstration by the applicant of shooting proficiency and safe handling of each firearm the applicant will be licensed to carry and to include live-fire exercises conducted on a firing range. The bill would require a licensing authority to establish, and make available to the public, standards it uses when issuing licenses with regards to the live-fire shooting exercises it requires, as specified. By imposing additional requirements on local licensing authorities, 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.
Existing law regulates specified aspects of agreements for a woman to carry and bear a child for another through medically assisted reproduction, and defines 2 types of surrogacy for these provisions: traditional surrogate and gestational carrier. A gestational carrier is a woman who is not an intended parent, as defined, and who agrees to gestate an embryo that is genetically unrelated to her pursuant to an assisted reproduction agreement. The Uniform Parentage Act defines the parent and child relationship as the legal relationship existing between a child and the child's parents and provides rebuttable presumptions as to the parentage of a child born under certain circumstances. Existing law requires a court, upon petition of any party to an assisted reproduction agreement for gestational carriers that was executed in a specified manner and contains certain provisions, to issue a judgment establishing a parent-child relationship of the intended parent or intended parents identified in the agreement and further establishing that the gestational carrier, her spouse, or partner is not a parent of, and has no parental rights or duties with respect to, the child or children. This bill would require an assisted reproductive agreement for gestational carriers, in order to be sufficient to require a court to enter a judgment establishing a parent-child relationship, to also disclose that any child conceived through sexual intercourse by the gestational carrier is the child of the gestational carrier. The bill would specifically establish that the gestational carrier surrogate and her spouse or partner do not have a parent-child relationship with the child or children who are born from the transferred embryo or embryos if an agreement for gestational carriers that complies with specified provisions is lodged with the superior court, as specified.
