Asm. Jim Cooper

This measure would recognize that the Legislature supports the development of safe and secure data sharing between public education, social service, and research entities through the Silicon Valley Regional Data Trust as it pertains specifically to at-risk, foster, homeless, and justice-involved children and youth and their families, in order to better serve, protect, and improve the futures of these Californians.

(1) The Alcoholic Beverage Control Act (act) authorizes the Department of Alcoholic Beverage Control (department) to conduct administrative hearings for, among other things, violations of the act by a licensee. Existing law allows a licensee to appeal specified decisions to the Alcoholic Beverage Control Appeals Board, authorizes a person to request a transcript of a hearing from the department for a case on appeal, and allows a party to an appeal to request the right to appear before the board for argument. This bill would require an audio record to be kept as the official record of any administrative hearing conducted by the department, would require the department to provide an audio recording, when one has been made, of a hearing to the Alcoholic Beverage Control Appeals Board and each party in lieu of a transcript for a case on appeal, and would require an audio record to be kept of an argument before the board. The bill would prohibit the department from making the official record of any administrative hearing by videographic recording and would provide that this type of recording is inadmissible in any proceeding before the board. (2) The act authorizes a licensee under an on-sale general license or an on-sale beer and wine license to apply to the department for an event permit that allows the sale of alcoholic beverages under that license for consumption on property adjacent to the licensed premises and owned or under the control of the licensee. The act also authorizes a licensed beer manufacturer to apply to the department for a brewery event permit that allows the sale of beer produced by that beer manufacturer for consumption on property contiguous and adjacent to the licensed premises of the manufacturer. Under the act, the fee for an event permit issued to an on-sale general licensee or an on-sale beer and wine licensee is $110 for permits issued during the 2004 calendar year and indexed for inflation thereafter, and the fee for a brewery event permit issued during the 2017 calendar year is $110 and indexed for inflation thereafter, as specified. Under the act, these and other fees collected pursuant to the act are deposited in the Alcohol Beverage Control Fund and are generally allocated to the department upon appropriation by the Legislature. This bill would revise the fee for a brewery event permit to be identical to the fee for an event permit issued to an on-sale general licensee or an on-sale beer and wine licensee, as described above. (3) The act authorizes the holder of a winegrower's license, a beer manufacturer, a distilled spirits manufacturer, or a distilled spirits manufacturer's agent, to purchase advertising space and time from, or on behalf of, an on-sale retail licensee, under certain conditions, if the on-sale retail licensee is the owner, manager, agent of the owner, assignee of the owner's advertising rights, or major tenant of facilities meeting specified criteria, including location in a specified city, county, or university campus. This bill would, in addition, allow a beer manufacturer, the holder of a winegrower's license, a rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer's agent to purchase advertising time and space from, or on behalf of, an on-sale retail licensee if the licensee is the owner, manager, agent of the owner, assignee of the owner's advertising rights, or major tenant of stadiums and arenas subject to specified conditions, including that the advertising time and space is purchased only in connection with events to be held on the premises of those stadiums or arenas, but without specifying the location of the facility.

(1) The existing 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, makes the theft of property that does not exceed $950 in value petty theft, and makes that crime punishable as a misdemeanor, with certain exceptions. The California Constitution authorizes the Legislature to amend an initiative statute by another statute that becomes effective only when approved by the electors. This bill would amend that initiative statute by making the theft of a firearm grand theft in all cases and punishable by imprisonment in the state prison for 16 months, or 2 or 3 years. (2) Under existing law, a person who buys or receives property that has been stolen, knowing the property to be stolen, or who conceals, sells, withholds, or aids in concealing, selling, or withholding property from the owner, knowing the property to be stolen, is guilty of a misdemeanor or a felony, except that if the value of the property does not exceed $950, Proposition 47 makes the offense punishable as a misdemeanor if the defendant has not previously been convicted of one or more specified serious or violent felonies or an offense requiring registration as a sex offender. This bill would amend that initiative statute by making the buying or receiving of a stolen firearm, with knowledge that the property was stolen, or the concealing, selling, withholding, or aiding in concealing, selling, or withholding of a firearm, with knowledge that the property was stolen, a misdemeanor or a felony. (3) Existing law generally prohibits a person who has been convicted of certain misdemeanors from possessing a firearm within 10 years of the conviction. Under existing law, a violation of this prohibition is a crime, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding $1,000, or by both that imprisonment and fine. This bill would add to the list of misdemeanors, the conviction for which is subject to the above prohibition on possessing a firearm within 10 years of the conviction, the petty theft of a firearm and the buying, receiving, concealing, selling, withholding, or aiding in concealing, selling, or withholding, of stolen property consisting of a firearm, as specified. Because a violation of this provision would be a 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. (4) This bill would call a special election to be consolidated with the November 8, 2016, statewide general election. This bill would require the Secretary of State to submit the provisions of the bill that amend the initiative statute, as described in (1) and (2) above, to the electors for their approval at the November 8, 2016, consolidated election. This bill would declare that it is to take effect immediately as an act calling an election.

Existing law generally requires that an employee of a temporary services employer, as defined, be paid weekly. Existing law provides that a violation of these provisions is punishable as a misdemeanor. This bill would, with certain exceptions, make the weekly pay requirement applicable to a security guard employed by a private patrol operator who is a temporary services employer, as provided. By expanding the scope of a crime, 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 authorizes the Department of Justice to assign a distinguishing number or mark of identification to any firearm whenever the firearm lacks a manufacturer's number or other mark of identification, or whenever the manufacturer's number or other mark of identification or distinguishing number or mark assigned by the department has been destroyed or obliterated. This bill would, commencing July 1, 2018, and subject to exceptions, require a person who manufactures or assembles a firearm to first apply to the department for a unique serial number or other identifying mark, as provided. The bill would, by January 1, 2019, and subject to exceptions, require any person who, as of July 1, 2018, owns a firearm that does not bear a serial number to likewise apply to the department for a unique serial number or other mark of identification. The bill would, except as provided, prohibit the sale or transfer of ownership of a firearm manufactured or assembled pursuant to these provisions. The bill would prohibit a person from aiding in the manufacture or assembly of a firearm by a person who is prohibited from possessing a firearm. The bill would make a violation of these provisions a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program. The bill would require the department to issue a serial number or other identifying mark to an applicant meeting specified criteria and would allow the department to charge a fee to recover its costs associated with assigning a distinguishing number or mark pursuant to the above provisions. This bill would make a conforming change. 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 proclaim May 19, 2016, as Viral Hepatitis Awareness Day in California.

This measure would proclaim the week of May 15, 2016, to May 21, 2016, as Emergency Medical Services Week in California.

This measure would declare the month of May 2016 as Foster Care Month.