Asm. Frank Bigelow

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 law prescribes the duties of the Controller, which generally regard supervision of the fiscal concerns of the state. This bill would authorize the City of Ione to apply to the Controller for reimbursement of costs incurred by the Ione Police Department as a result of Mule Creek State Prison. The bill would require the Ione Police Department to prepare a statement of costs and to send the statement to the Controller for approval. The bill would require the Controller to reimburse the City of Ione, as specified, or provide a written statement as to the reason for not making the reimbursement. The bill would continuously appropriate, from the General Fund to the Controller, the amount necessary to reimburse the City of Ione. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Ione.

Existing law requires the Department of Water Resources, upon appropriation by the Legislature, to provide funding for a project that substantially conforms to the project description for the Reverse Flow Pump-back Facilities on the Friant-Kern Canal Restoration Project, as specified, provided that certain conditions are met. Existing law requires that the appropriation be no more than $7,000,000. This bill would appropriate $7,000,000 from the General Fund to the department for this project. This bill would make legislative findings and declarations as to the necessity of a special statute for the Friant-Kern Canal.

Existing law makes it a felony to possess a silencer in the state, punishable by imprisonment in county jail or by a fine not to exceed $10,000 or by both that fine and imprisonment. This bill would delete the felony prohibition on possession of a silencer and would authorize an individual in lawful possession of a device that will silence, suppress, or muffle the sound or natural report of a firearm when the firearm is discharged to use that device to hunt a bird, mammal, fish, reptile, or amphibian for which the individual is licensed if the firearm to which the device is attached is lawfully possessed.

Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. A violation of the Alcoholic Beverage Control Act is a misdemeanor, unless another penalty or punishment is specified. Existing law allows licenses for the retail sale of alcoholic beverages to be issued for, or transferred to, premises that are to be constructed or are in the process of construction. This bill would require a licensee transferring a license, as described above, to follow specified notification requirements. Because a violation of this provision would be punishable as a misdemeanor, 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.

Existing law authorizes counties, cities, and other local agencies to impose various taxes and fees in connection with activity or property within those jurisdictions. The California Constitution also authorizes a charter city to levy local taxes to raise revenues for local purposes, subject to restrictions imposed by that city's charter or preemption in matters of statewide concern. This bill, until January 1, 2023, would prohibit the imposition by a city, city and county, or county, including a chartered city, city and county, or county, of a tax on video streaming services, including, but not limited to, any tax on the sale or use of video streaming services or any utility user tax on video streaming services. This bill would make a legislative finding and declaration regarding the statewide concern of the promotion of uniformity in access throughout the state to video streaming services.

Existing law regulates real property acquired and operated by the state as wildlife management areas, and authorizes the Department of Fish and Wildlife, when income is directly derived from that real property, as provided, to annually pay to the county in which the property is located an amount equal to the county taxes levied upon the property at the time it was transferred to the state. Existing law further authorizes the department to pay the assessments levied upon the property by any irrigation, drainage, or reclamation district. Existing law requires those payments to only be made from funds that are appropriated to the department for those purposes. This bill would, commencing with the 2018–19 fiscal year and each fiscal year thereafter, require, instead of authorize, the department to make these payments subject to appropriation by the Legislature.