Existing law, the California Native American Graves Protection and Repatriation Act of 2001 (California act) , requires all agencies and museums that receive state funding that have possession or control over collections of California Native American human remains or cultural items, as defined, to inventory those remains and items for the identification and repatriation of the items to the appropriate Indian tribes. The California act states the intent of the Legislature to apply the state's repatriation policy consistent with the federal Native American Graves Protection and Repatriation Act (federal act) and to facilitate the implementation of the provisions of the federal act with respect to publicly funded agencies and museums in California. Existing law establishes the Native American Heritage Commission and vests the commission with specified powers and duties. Existing provisions of the California Constitution establish the University of California as a public trust under the administration of the Regents of the University of California. The California Constitution grants to the regents all the powers necessary or convenient for the effective administration of this public trust, subject to such legislative control as may be necessary to insure the security of its funds, compliance with the terms of the endowments of the university, and certain competitive bidding procedures. This bill would require the regents, or their designee, as a condition for using state funds to handle and maintain Native American human remains and cultural items, to establish and support a systemwide Native American Graves Protection and Repatriation Act Implementation and Oversight Committee, with specified membership, and, for any campus subject to the federal act, a campus implementation committee, with specified membership. The bill would require the regents, as a condition for using state funds to handle and maintain Native American human remains and cultural items, in consultation with the systemwide committee, to adopt and implement certain policies and procedures to better implement the federal act and to timely submit the policies and procedures to the Native American Heritage Commission for review and comment by July 1, 2019. The bill would make conforming changes to the powers and duties of the Native American Heritage Commission. The bill would require the regents, as a condition for using state funds to handle and maintain Native American human remains and cultural items, to ensure that the campus committees implement the policies and procedures adopted by the regents and reviewed by the Native American Heritage Commission. The bill would provide that, if the regents use state funds to handle and maintain Native American human remains and cultural items, all claims for repatriation or claims of any violation of the policies and procedures shall be submitted to the campus committee for determination and would require the regents to adopt procedures to support appeals and dispute resolution in cases where a tribe disagrees with a campus determination regarding repatriation or disposition of cultural items directly to the systemwide committee. The bill would require the California State Auditor to conduct an audit commencing in the year 2019 and again in 2021 regarding the University of California's compliance with the federal and California acts and to report its findings to the Legislature and to all other appropriate entities.
Sponsored bills
(1) Existing law prohibits a person from using or operating, or assisting in using or operating, a boat, aircraft, net, trap, line, or other appliance to take fish for commercial purposes unless the person holds a commercial fishing license issued by the Department of Fish and Wildlife. Existing law prohibits the taking of shark and swordfish for commercial purposes with drift gill nets except under a valid drift gill net shark and swordfish permit (DGN permit) issued to that person that has not been suspended or revoked and is issued to at least one person aboard the boat, except as provided. Existing law authorizes the Director of Fish and Wildlife to close the drift gill net shark and swordfish fishery if, after a public hearing, the director determines the action is necessary to protect the swordfish or thresher shark and mako shark resources and requires the director to reopen the fishery if he or she determines that the conditions that necessitated the closure no longer exist. Existing law authorizes a DGN permit to be transferred to another person under certain circumstances. Under existing law, a violation of these provisions is a crime. The California Ocean Protection Act creates the California Ocean Protection Trust Fund in the State Treasury and authorizes moneys deposited in the fund, upon appropriation by the Legislature, to be expended by the Ocean Protection Council for, among other things, grants or loans to public agencies, nonprofit corporations, or private entities for, or direct expenditures on, projects or activities that protect, conserve, and restore coastal waters and ocean ecosystems including through the acquisition from willing sellers of vessels, equipment, licenses, harvest rights, permits, and other rights and property, to reduce threats to ocean ecosystems and resources. This bill would require the department by March 31, 2020, to establish a voluntary permit transition program that includes specified conditions, including a condition that a permittee who voluntarily surrenders his or her DGN permit and shark or swordfish gill net or nets receive, to the extent that funds for the transition program are available, a specified payment, as prescribed. The bill would require the department to enter into an agreement with a fiscal agent, as defined, for the fiscal agent to receive state and nonstate funds for purposes of the transition program and, upon receipt of adequate funds, to make the payment to a participating permittee. If the department enters into an agreement with a fiscal agent that is a state entity, the bill would continuously appropriate any funds received from nonstate sources to that state entity for purposes of the transition program. The bill would require the Ocean Protection Council to use $1 million of an appropriation made to it in the Budget Act of 2018 for whale and sea turtle entanglement to fund the transition program. The bill would require the department to notify the Legislature within 10 days of the date that the fiscal agent receives $1 million from nonstate sources and secures $1 million through an agreement with the Ocean Protection Council. The bill would require a DGN permit issued pursuant to these provisions to be surrendered or revoked as of January 31 of the 4th year following the department's notification to the Legislature. Because a violation of this provision would be a crime, the bill would impose a state-mandated local program. The bill would, beginning March 31, 2019, prohibit the transfer of a DGN permit. The bill would provide that the provisions dealing with the drift gill net shark and swordfish fishery do not create or recognize a property right in fish expected to be caught using a DGN permit. (2) Existing law establishes a swordfish permit that authorizes a person holding that permit to take, possess aboard a boat, and land swordfish for commercial purposes using specified methods but not including use of a drift gill net. Existing law establishes a fee of $330 for a swordfish permit, as adjusted pursuant to the above-described index, but exempts the holder of a DGN permit from payment of that fee. This bill would also exempt any person who participates in the permit transition program established by the department from payment of the fee for a swordfish permit. (3) Existing law makes it unlawful to use fishing lines, including, but not limited to, troll lines and handlines more than 900 feet in length unless they are used as set lines, as specified. This bill would also exempt from this prohibition fishing lines more than 900 feet in length if they are used as part of deep-set buoy gear authorized under federal law. (4) 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.
The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and of certain land outside its boundaries, and requires the general plan to contain specified mandatory elements, including a housing element. That law sets forth various procedures and requirements with respect to the preparation and adoption of the general plan and housing element, including requiring the legislative body to adopt or amend a general plan by resolution by a majority vote of the total membership of the legislative body. Existing law deems the adoption of the general plan to be reviewable, provides for the preparation of specific plans for the systematic implementation of the general plan, and prohibits the approval of local public works projects and tentative or parcel maps, as specified, as well as the adoption or amendment of a zoning ordinance within an area covered by a specific plan, unless it is consistent with the adopted specific plan. Existing law prohibits the adoption or amendment of a transit village plan unless the plan or amendment is consistent with the general plan. Existing law specifies that these provisions of the Planning and Zoning Law relating to general plans and housing elements generally do not apply to charter cities, but requires a charter city to adopt, by resolution of the legislative body of the charter city or, if the charter so provides, the planning commission, a general plan that contains the mandatory elements required by that law and to comply with specified additional requirements relating to reporting to the Department of Housing and Community Development and low- and moderate-income housing in the coastal zone. This bill would specify that these provisions of the Planning and Zoning Law regarding general plans, specific plans, and the adoption and review of housing elements apply to charter cities. The bill would also make a nonsubstantive change with respect to the requirement that a charter city adopt a general plan by resolution. The Planning and Zoning Law additionally authorizes the legislative body to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, and other uses in accordance with specified procedures. Existing law requires each county and city to consider the effects of these ordinances on the housing needs of the region in which the local jurisdiction is situated and balance these needs against the public service needs of its residents and available fiscal and environmental resources. Existing law prohibits a local agency from enacting or enforcing an ordinance that would prohibit the reconstruction, restoration, or rebuilding of a multifamily dwelling that is involuntarily damaged or destroyed, as specified, unless certain determinations are made. Existing law requires county or city zoning ordinances, including certain ordinances of a charter city with a population of 2,000,000 or more, to be consistent with the general plan, as specified. Existing law requires each city, county, or city and county to ensure that its housing element inventory or its housing element program, as specified, can accommodate its remaining unmet share of the allocated regional housing need. Existing law authorizes a city, county, or city and county to enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property, and requires such an agreement to be modified or suspended as necessary to comply with subsequent state or federal law. Existing law specifies that these provisions of the Planning and Zoning Law generally do not apply to charter cities. This bill would, instead, specify that various provisions of the Planning and Zoning Law regarding ordinances, regional housing need, mobilehome parks, and certain development agreements apply to charter cities. The bill would include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. By adding to the duties of planning officials and legislative bodies of charter cities with respect to adopting and amending general plans and zoning ordinances, this 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 designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency. This bill would require a law enforcement agency, defined to include specified state and local entities, to publish a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also impose similar publishing requirements for the continued use of military equipment acquired prior to January 1, 2019. The bill would require that the governing body of a law enforcement agency consider a proposed military equipment use policy at a regular meeting held pursuant to specified open meeting laws. The bill would also require that a law enforcement agency prepare and make public an annual report for each piece of military equipment for as long as the military equipment is in use and to hold a community engagement meeting within 30 days of the public release of that report, as provided. The bill would require the state agency that has signed a current memorandum of agreement with the federal Defense Logistics Agency for the purpose of administering a state program for acquiring surplus military equipment, pursuant to specified federal law, to develop by January 31, 2019, and annually update a list of military equipment, as specified, and post the list on its Internet Web site. The bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this 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, 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 authorizes the governing board of any school district to adopt or rescind a reasonable dress code policy that requires pupils to wear a schoolwide uniform or prohibits pupils from wearing gang-related apparel. Existing law authorizes these actions if the governing board of the school district approves a plan, which may be initiated by an individual school's principal, staff, or parents, and determines that the policy is necessary for the health and safety of the school environment. Existing law also authorizes individual schools to include the reasonable dress code policy as part of their school safety plans. Existing law prohibits a dress code policy adopted pursuant to this provision from precluding pupils who participate in a nationally recognized youth organization from wearing organization uniforms on days that the organization has a scheduled meeting. This bill would provide that a pupil may wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment, as defined, at school graduation ceremonies. The bill would also declare that nothing in its provisions shall be construed to limit a local educational agency's discretion and authority to prohibit an item that is likely to cause a substantial disruption of, or material interference with, the ceremony.
The existing federal Indian Gaming Regulatory Act of 1988 provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude tribal-state gaming compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes. The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. This bill would ratify the tribal-state gaming compacts entered into between the State of California and the following Indian tribes: the La Jolla Band of Luiseño Indians, the Mechoopda Indian Tribe of Chico Rancheria, the San Pasqual Band of Mission Indians, the Torres-Martinez Desert Cahuilla Indians, and the Twenty-Nine Palms Band of Mission Indians. The bill would also ratify the amendment to the tribal-state gaming compact between the State of California and the Dry Creek Rancheria Band of Pomo Indians, executed on August 1, 2018, and the amendment to the tribal-state gaming compact between the State of California and the Karuk Tribe, executed on August 1, 2018. The bill would provide that, in deference to tribal sovereignty, certain actions related to these compacts and amended compacts are not projects for purposes of CEQA. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law prohibits specified conduct inside public buildings owned and occupied, or leased and occupied, by the state. Existing law provides that a judicial officer has the power to preserve and enforce order in judicial proceedings and to compel obedience to judicial orders, as specified. This bill would clarify the power of judicial officers to prevent activities that threaten access to courthouses, including by protecting the privilege from arrest. The bill would provide that no person shall be subject to civil arrest in a courthouse while attending a court proceeding or having legal business in the courthouse, and that a violation of these provisions constitutes contempt of court. The bill would also authorize the Attorney General to bring a civil action to obtain equitable and declaratory relief for a violation of this section, and it would allow a party in a successful action to enforce liability for a violation of this section to recover court costs and reasonable attorney's fees. By expanding the scope of an existing crime, this 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 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, the Political Reform Act of 1974, requires specified disclosures in advertisements regarding the source of the advertisement. The act defines "advertisement" for this purpose as a general or public communication that is authorized and paid for by a committee for the purpose of supporting or opposing a candidate or candidates for elective office or a ballot measure or ballot measures. Among other things, the act requires an electronic media advertisement, other than an Internet Web site, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to include the text "Who funded this ad?," unless including the text would be impracticable, and a hyperlink to an Internet Web site containing specified disclosures regarding who paid for the advertisement. For an Internet Web site paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, the act requires the Internet Web site to include only specified disclosures regarding who paid for the advertisement, without exception. This bill would modify the disclosures required for electronic media advertisements. The bill would require an electronic media advertisement that is a graphic, image, animated graphic, or animated image that the online platform, as defined, hosting the advertisement allows to link to an Internet Web site, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to meet the "Who funded this ad?" disclosure described above. The bill would modify the "Who funded this ad?" disclosure in various ways, including requiring the disclosure to be made for the duration of the advertisement and allowing the text to be replaced with the phrase "Paid for by" or "Ad Paid for by." The bill would require for an email message or Internet Web site the disclosures to be made at top or bottom of the email message, or at the top or bottom of every publicly accessible page of the Internet Web site, as applicable. The bill would require an electronic media advertisement that is disseminated as a video to comply with certain disclosure requirements, and if the video is longer than 30 seconds, the disclosures to be made at the beginning of the advertisement. The act requires that an advertisement made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, only include specified disclosures in a contrasting color and in no less than 8 point font on the committee's profile, landing page, or similar location, and not on each individual post, comment, or other similar communication. This bill would require the disclosures on the committee's profile, landing page, or similar location to be on the cover or header photo of the committee's profile, landing page, or similar location and in no less than 10-point font. The bill would require the disclosures to be fully visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic device that is commonly used to view this form of electronic media. If making the disclosures fully visible on a commonly used electronic device would be impracticable, the bill would require the cover or header photo of the profile, landing page, or similar location to include only a hyperlink, icon, button, or tab to an Internet Web site containing the disclosures. This bill would require a committee that disseminates an online platform disclosed advertisement, as defined, to expressly notify the online platform through which the advertisement would be disseminated that the advertisement is an advertisement under the act and provide the disclosure name, as defined, of the committee. The bill would require an online platform that disseminates a committee's online platform disclosed advertisement to display adjacent to any text stating that the advertisement is an advertisement or is promoted or sponsored, "Paid for by" or "Ad Paid for by" followed by the disclosure name provided by the committee, with certain exceptions. The bill would require an online platform that disseminates committees' online platform disclosed advertisements to maintain and make available a record of any advertisement disseminated on the online platform by a committee that purchased $500 or more in advertisements on the online platform during the preceding 12 months. The bill would require an online platform to display a prominent button, icon, tab, or hyperlink that links to a page clearly showing the records of the advertisements. The bill would make a person who intentionally violates these provisions for the purpose of avoiding disclosure liable in a civil or administrative action brought by the Fair Political Practices Commission or any person for a fine up to 3 times the cost of the advertisement, including placement costs. The act requires a radio or television advertisement that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, to include a specified disclosure regarding who paid for the advertisement. This bill would require an advertisement that is made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate to include specified disclosures regarding who paid for the advertisement. Because a violation of the act is punishable as a misdemeanor, this 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. The bill would become operative on January 1, 2020. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes, among other mandatory elements, a housing element. That law requires the housing element to contain, among other things, an assessment of housing needs and an inventory of resources and constraints relevant to meeting those needs and a program that sets forth a schedule of actions during the planning period, each with a timeline for implementation. That law specifies that transitional housing and supportive housing are a residential use of property, subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. This bill would make a nonsubstantive change to this requirement. The Planning and Zoning Law requires the rezoning of sites identified in the inventory of sites by specific deadlines where the inventory does not identify adequate sites to accommodate the need for groups of all household income levels. That law further requires this rezoning to accommodate 100% of the need for housing for very low and low-income households, as specified, on sites zoned to permit owner-occupied and rental multifamily residential use by right during the planning period and defines the term "use by right" for these purposes. This bill would require that supportive housing be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development meets specified criteria, and would require a local government to approve, within specified periods, a supportive housing development that complies with these requirements. The bill would require that a developer of supportive housing provide the planning agency with a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project and describing those services, as provided. The bill would prohibit the local government from imposing any minimum parking requirement for units occupied by supportive housing residents if the development is located within ½ mile of a public transit stop. The bill would specify that its provisions do not (1) preclude or limit the ability of a developer to seek a density bonus from the local government or (2) expand or contract the authority of a local government to adopt or amend an ordinance, charter, general plan, specific plan, resolution, or other land use policy or regulation that promotes the development of supportive housing. The bill would include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA does not apply to the ministerial approval of projects. This bill, by authorizing supportive housing as a use by right under certain circumstances, would expand the exemption for the ministerial approval of projects under CEQA. By adding to the duties of local planning officials, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 65583 of the Government Code proposed by AB 686 to be operative only if this bill and AB 686 are enacted and this bill is enacted last. 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.