(1) Existing law, the Financial Institutions Law, regulates the activities of various financial entities, including commercial banks, industrial banks, trust companies, credit unions, and savings and loan associations. The Banking Law defines and regulates state banks and commits the enforcement of banking laws to the Commissioner of Business Oversight. The California Credit Union Law provides for the licensure and regulation of credit unions by the Commissioner of Business Oversight and makes a willful violation of that law a crime. The Control, Regulate and Tax Adult Use of Marijuana Act of 2016, an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under the act 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, among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. This bill would create the Cannabis Limited Charter Banking and Credit Union Law, to be administered by the Commissioner of Business Oversight and the Department of Business Oversight. The bill would create the Cannabis Limited Charter Bank and Credit Union Advisory Board and specify its composition, to include the Treasurer, the Controller, and the Chief of the Bureau of Cannabis Control, and commit to it the general responsibility for ensuring that this law functions in a safe and efficient way. The bill would prescribe the powers and duties of the board, including reviewing department enforcement reports, holding meetings that would be open to public comment, and issuing its own recommendations, which would be submitted to the Legislature and the Governor. The board would also be required to provide guidance on specified investment activities. The bill would provide for the licensure and regulation of cannabis limited charter banks and credit unions for the purpose of providing limited banking services, as defined, to cannabis businesses. The bill would require a person who desires to be licensed as a cannabis limited charter bank or credit union to submit an application to the department, and would require that person to elect to form under either the Banking Law or the California Credit Union Law. The bill would authorize the department to charge an applicant for a cannabis limited charter bank or credit union license a reasonable fee. The bill would require a licensee to comply with all requirements in the Financial Institutions Law, and either the Banking Law or the California Credit Union Law, as applicable, except to the extent that any requirement of those laws are inconsistent with a provision of the Cannabis Limited Charter Banking and Union Law. By expanding the application of the California Credit Union Law, a willful violation of which is a crime, the bill would impose a state-mandated local program. This bill would authorize a cannabis limited charter bank or credit union to issue to an account holder special purpose checks that would be valid for only specified purposes. The bill would authorize a cannabis limited charter bank or credit union to cash the checks it has issued, including those presented by parties that are not account holders, as specified. The bill would permit these checks to be used for the payment of state and local fees and taxes, payment of rent on property leased by, or on behalf of, the account holder's cannabis business, payment of vendors physically located in California, as specified, and the purchase of state and local bonds, as specified. The bill would provide that a person or entity is not required to accept these checks. The bill would require a cannabis limited charter bank or credit union to obtain and maintain insurance at all times that it is engaged in business, subject to certain requirements including that the insurance be in an amount acceptable to the commissioner. The bill would authorize a cannabis limited charter bank or credit union to charge fees for its banking services, and would authorize the commissioner, if requested by any person or whenever the commissioner deems appropriate, to review any fee charged. The bill would require a cannabis limited charter bank and credit union to provide the commissioner with a specified fee schedule, which information the department would be required to compile and post information on its Internet Web site. The bill would authorize a cannabis limited charter bank or credit union to enter into an agreement with another licensee to form a banking network, subject to the approval of the commissioner, to facilitate the provision of cannabis banking services. The bill would require the department to adopt emergency regulations and would prohibit the department from issuing a license for these purposes prior to July 1, 2019, except as specified. The bill would require the department to provide a specified report to the Senate Committee on Banking and Financial Institutions and the Senate Committee on Governance and Finance. The bill would require a cannabis limited charter bank or credit union to adopt policies and practices to achieve the principles and goals outlined in the federal Bank Secrecy Act and cooperate with the federal Financial Crimes Enforcement Network. The bill would prohibit a cannabis limited charter bank or credit union from engaging in banking activity with any other financial institution that lacks a limited purpose charter issued under these provisions. The bill would prescribe a framework for the administration of its provisions. The bill would also make a statement of legislative findings. (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 no reimbursement is required by this act for a specified reason.
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Existing law imposes a criminal laboratory analysis fee upon each person who is convicted of specified offenses. Existing law imposes a drug program fee upon each person who is convicted of specified offenses. Existing law imposes various penalty assessments upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses. This bill would specify that the criminal laboratory analysis fee and the drug program fee are not subject to specified penalty assessments. The bill would additionally delete obsolete cross references and provisions.
Existing law, until January 1, 2022, establishes the Social Innovation Financing Program to award grant funding to 3 counties to reduce recidivism through contracts between the government, private investors, and service providers pursuant to which private investors agree to provide financing to service providers to achieve social outcomes agreed upon in advance, and the government agency agrees to pay a return on the investment to the investors if successful programmatic outcomes are achieved by the service provider. Existing law, upon appropriation by the Legislature, requires the Board of State and Community Corrections to issue grants in an amount of not less than $500,000 and not more than $2,000,000 to each county selected, up to a maximum of $5,000,000. This bill would establish the Social Innovation Financing Program of 2018. The bill would require the board to select 3 counties to receive funding and would require the board to issue grants in an amount of not less than $300,000 and not more than $2,000,000, up to a maximum of $5,000,000. The bill would repeal the program as of January 1, 2025.
Existing law, the Rosenthal Fair Debt Collection Practices Act, is intended to prohibit debt collectors from engaging in unfair or deceptive acts or practices in the collection of consumer debts and to require debtors to act fairly in entering into and honoring those debts. Existing law prohibits a debt collector from, among other things, collecting or attempting to collect a consumer debt by means of the use, or threat of use, of physical force or violence or any criminal means to cause harm to the person, or the reputation, or the property of any person. This bill would enact analogous provisions applicable to collections or attempts to collect certain government debts and debts arising from towed or impounded vehicles, as specified. The bill would prohibit government and towing debt collectors, as defined, from engaging in specified collection practices and would require the person collecting to provide the debtor with specified information regarding the debt, including specified language requirements for the information provided. Existing law makes it a crime, with respect to attempted collection of a consumer debt, for a debt collector, creditor, or an attorney, to send a communication that simulates legal or judicial process or that gives the appearance of being authorized, issued, or approved by a governmental agency or attorney if it is not. This bill would make it a crime to engage in those acts with respect to the collection of certain government debts and debts arising from towed or impounded vehicles. The bill would also establish civil penalties for violations and would authorize a consumer to bring a civil action against a debt collector or attorney who violates these provisions. By expanding a crime, the bill would impose a state-mandated local program. Existing law authorizes certain individuals to cause the removal of a vehicle found upon a highway or public land or a vehicle parked on private property under specified conditions. This bill would make a person who violates these provisions, with certain exemptions, liable for specified damages. 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 requires the State Department of Public Health to implement and administer a residential lead-based paint hazard reduction program, as specified, including adopting regulations regarding accreditation of providers of health and safety training to employees who engage in or supervise lead-related construction work, as defined, and certification of employees who have successfully completed that training. Existing law requires specified persons engaged in lead construction work to have a certificate issued by the department. This bill would require the department, by February 1, 2019, to request permission from the federal Environmental Protection Agency to modify its Lead Related Construction Program agreement to expand its authority and authorize a county to implement and administer the certification program for persons engaged in lead construction work described above. The bill would authorize the department, if it receives this permission from the federal Environmental Protection Agency, to authorize, upon request of the county, a county health department to implement and administer the certification program. The bill would require specified persons engaged in lead construction work to have a certificate issued either by the department or by a county health department, if applicable. (2) Existing regulations promulgated by the Division of Occupational Safety and Health require an employer to ensure that an employee is not exposed to lead at concentrations greater than 50 micrograms per cubic meter of air averaged over an 8-hour period. This bill would require the division to complete rulemaking to establish a revised permissible exposure limit for lead in the regulations described above by July 1, 2019. The bill would authorize the division to promulgate emergency regulations as necessary to implement these provisions.
This measure would mark May 6, 2018, as the 136th anniversary of the enactment of the Chinese Exclusion Act in order to recognize the harm caused by racially discriminatory immigration measures, and to honor the contributions of all immigrants and refugees who have enriched our communities. The measure would also declare the opposition of the Legislature to executive orders and a presidential proclamation signed by President Trump relating to immigration, call upon the President to revoke those orders and that proclamation, condemn the expansion of deportations being undertaken under the current presidential administration, and reaffirm that the state is open and welcoming to immigrants and refugees who are integral to life in our state.
This measure would declare the intent of the Legislature to further support the housing needs of individuals with developmental disabilities by exploring models that facilitate the private donation of homes in perpetuity and would recognize the work of organizations that have developed a property donation program.
This measure would recognize the history and significance of the Eagle Staff to Native American tribes. The measure would express the Legislature's commitment to inclusiveness for all Native Americans and respect for the traditions and symbolism of the Eagle Staff and would urge state government departments to incorporate these principles into their policies and practices.