This measure would proclaim October 9th as Pediatric Acute-onset Neuropsychiatric Syndrome (PANS) Awareness Day in California, and would encourage the citizens of California, on that day, to become informed and aware of PANS.
This measure would recognize the legacy of California's pioneer Chinese Americans and honor their contributions and the important role they played in the history of Yosemite National Park and the Sierra Nevada.
Existing law prohibits a person or entity from initiating or advertising in unsolicited commercial email advertisements and places other restrictions related to that activity. Existing law defines the term "commercial email advertisement" for purposes of those provisions to mean an electronic mail message initiated for the purpose of advertising or promoting the lease, sale, rental, gift offer, or other disposition of property, goods, services, or extension of credit. Existing law defines the term "unsolicited commercial email advertisement" for purposes of those provisions to exclude a commercial email advertisement sent to a recipient who has a preexisting or current relationship with the advertiser promoting the lease, sale, rental, gift offer, or other disposition of any property, goods, services, or extension of credit. Existing law further defines the term "preexisting or current business relationship" to mean that the recipient has made an inquiry and has provided his or her email address, or has made an application, purchase, or transaction, with or without consideration, regarding products or services offered by the advertiser. This bill would expand the definition of "commercial email advertisement" to include an electronic mail message initiated for the purpose of advertising or promoting the lease, sale, rental, gift offer, promotion, or other disposition of stocks, bonds, sweepstakes, insurance, employment opportunities, or any other solicitation, excluding charitable or political solicitations. The bill would expand the definition of "preexisting or current business relationship" to include situations in which the recipient has made an inquiry and has provided his or her email address or has made an application, purchase, or transaction, with or without consideration, regarding products or services offered by a commonly branded company of the advertiser. Existing law prohibits a person or entity from advertising in a commercial email advertisement sent from California or to a California email address in certain circumstances, including if the email advertisement contains or is accompanied by falsified, misrepresented, or forged header information or by a 3rd-party's domain name without the permission of the 3rd party. Existing law makes a violation of that prohibition a misdemeanor. This bill would also make it unlawful for a person or entity to initiate a commercial email advertisement sent from California or to a California email address in the above-described circumstances. The bill would expand the prohibition on the advertisement containing a 3rd-party's domain name to also apply to the 3rd-party's email address, but the bill would specify that this prohibition does not affect comparative advertising that references names, user names, domain names, or email addresses. This bill would also prohibit the body of the advertisement from containing a falsified or misrepresented postal address of the advertiser or initiator, a falsified or misrepresented business name, as specified, of the advertiser or initiator, or a falsified or misrepresented unsubscribe link, as specified. By expanding the scope of a crime, the bill would impose a state-mandated local program. Existing law authorizes the Attorney General, the recipient of an unsolicited commercial email advertisement, and an electronic mail service provider to bring an action against a person or entity that violates those provisions to recover, among other things, liquidated damages and reasonable attorneys fees. Existing law requires the court to reduce liquidated damages, as specified, if the court finds that the defendant established and implemented practices and procedures reasonably designed to effectively prevent unsolicited commercial email advertisements that are in violation of existing law. This bill would also authorize a district attorney, city attorney, or the recipient of an unsolicited commercial email advertisement, as specified, to bring an action under these provisions and would authorize a court to enter an order enjoining violations of those provisions. The bill would add to the findings that the court must make in order to reduce liquidated damages to include, among other things, a finding that the defendant provided its personnel with training regarding practices and procedures designed to effectively prevent the emails prohibited under the bill's provisions. The bill would authorize a prevailing recipient, electronic mail service provider, the Attorney General, district attorney, or city attorney to recover reasonable attorney's fees as costs in addition to other allowable costs. Existing law sets forth findings and declarations of the Legislature relating to unsolicited commercial email advertisements. This bill would revise the findings and declarations of the Legislature regarding regulation of commercial email advertisements and would make other related 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.
This measure would designate August 16, 2018, as Pre-Exposure Prophylaxis and Post-Exposure Prophylaxis Awareness Day in California to enhance public awareness of comprehensive human immunodeficiency virus prevention strategies.
This measure would urge the Congress of the United States to acknowledge the problem of a labor shortage in the agricultural industry in California and to work together with California to solve the issue.
This measure would declare October 23 to 31, 2018, inclusive, as Red Ribbon Week, and would encourage all Californians to help build drug-free communities and to participate in drug prevention activities.
This measure would declare July 27, 2018, as California Bullying Prevention Day, also to be known as Rosie's Day.
(1) The Ralph M. Brown Act requires that all meetings of a legislative body, as defined, of a local agency, including a school district, be open and public and all persons be permitted to attend unless a closed session is authorized. Existing law requires regular meetings of the county board of education and all meetings of a governing board of a school district be conducted in accordance with the Ralph M. Brown Act. 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 expressly state that a local educational agency, including a charter school and an entity managing a charter school, as defined, is subject to the Ralph M. Brown Act, unless the charter school is operated by an entity governed by the Bagley-Keene Open Meeting Act, in which case the charter school would be subject to the Bagley-Keene Open Meeting Act. This provision would become operative on July 1, 2019. (2) The California Public Records Act requires state and local agencies to make their records available for public inspection and to make copies available upon request and payment of a fee unless the records are exempt from disclosure. This bill would expressly state that a local educational agency, including a charter school and an entity managing a charter school, as defined, is subject to the California Public Records Act, except as provided for certain charter schools located on federally recognized California Indian reservations or rancherias. For those charter schools, the bill would require each charter school's chartering authority to be the custodian of records with regard to any request for information submitted to the charter school. These provisions would become operative on July 1, 2019. To the extent these provisions would impose a new duty on a local educational agency, the bill would impose a state-mandated local program. (3) Existing law prohibits certain public officials, including, but not limited to, state, county, or district officers or employees, from being financially interested in any contract made by them in their official capacity, or by any body or board of which they are members, except as provided. Existing law specifically requires members of governing boards of school districts to be subject to these provisions. This bill would expressly state that a local educational agency, including a charter school and an entity managing a charter school, as defined, is subject to these provisions, except that the bill would provide that a governing board or body member or a local agency executive, as defined, shall not be deemed to be interested in a contract if his or her interest is that of a person who provides a loan to a public school due to a fiscal emergency, or leases real property to be occupied by a charter school or who signs a guarantor agreement relative to the lease of real property to be occupied by a charter school, and who also serves as a member of the governing board or body or as a local agency executive of the charter school, as provided. The bill would also provide that an employee of a charter school is not disqualified from serving as a member of the governing body of the charter school because of that employment status. The bill would require such a member of the governing body of a charter school to abstain from voting on, or influencing or attempting to influence another member of that body regarding, any matter uniquely affecting his or her own employment. The bill would require a member of the governing body of a charter school to abstain from voting on, or from influencing or attempting to influence another member of that body regarding, personnel matters that uniquely affect a relative of the member, as provided. The bill would prohibit discussion of any item regarding an activity of the governing body of a charter school that is not related to the operation of the charter school at a meeting of the governing body to discuss items related to the operation of the charter school. These provisions would become operative on January 1, 2020. (4) The Political Reform Act of 1974 requires every state agency and local governmental agency to adopt a conflict-of-interest code, formulated at the most decentralized level possible, that requires designated employees of the agency to file statements of economic interest disclosing any investments, business positions, interests in real property, or sources of income that may foreseeably be affected materially by any governmental decision made or participated in by the designated employee by virtue of his or her position. This bill would expressly state that a local educational agency, including a charter school and an entity managing a charter school, as defined, is subject to the Political Reform Act of 1974. This provision would become operative on January 1, 2020. (5) This bill would provide that, only by mutual agreement of the chartering authority of a charter school and the charter school petitioner, compliance with the provisions described in (1) to (4) , inclusive, above may be delayed for up to 12 months, provided that compliance is achieved no later than January 1, 2021. (6) 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.
This measure would urge the United States Department of Justice not to direct its enforcement priorities towards California's lawfully and closely regulated cannabis industry, among other things.
Existing law provides that specified contracts entered into by any state agency for goods, services, or other specified activities, whether awarded through competitive bidding or not, are void unless and until approved by the Department of General Services, and requires denial of approval if a contract does not meet the required specifications of the bidding process. Under existing law, certain transactions, contracts, and persons are exempt from that law, including transactions pertaining to the acquisition of information technology goods and services, except as specified. This bill would make additional provisions of the law pertaining to state acquisition of goods and services applicable to the acquisition of information technology goods and services, including, among others, the Darfur Contracting Act of 2008 and specified provisions related to discrimination in the provision of benefits by contractors. The bill also would make a nonsubstantive change.
