Asm. Jim Cooper

Existing law establishes the various funds in the State Treasury, including the Special Fund for Economic Uncertainties. This bill would establish the Budget Deficit Savings Account in the State Treasury and would provide that funds in the reserve shall be available only for specified purposes, for appropriation by the Legislature in fiscal years in which there is a state budget deficit, as provided.

(1) The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA) , an initiative statute approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. AUMA authorizes legislative amendment of its provisions with a 23 vote of both houses, without submission to the voters, to further its purposes and intent. Existing law, as part of AUMA, requires all advertisements and marketing relating to the sale of cannabis or cannabis products, as specified, to accurately and legibly identify the licensee responsible for its content, by adding, at a minimum, the licensee's license number. This bill would make a violation of that requirement by a cannabis-related business licensee, or by a licensed or unlicensed cannabis-related business using a fictitious license number, subject to a civil penalty of $10,000 per incident, but would require a business to be provided 48 hours to correct its first violation prior to being subject to the civil penalty. The bill would continuously appropriate the funds from these civil penalties to the Board of State and Community Corrections to provide grants to cities, counties, and cities and counties to fund cannabis control officers, as provided, thereby making an appropriation. The bill would declare that these provisions further the purposes and intent of AUMA. (2) Existing law prohibits a person who has under his or her management or control any building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, from knowingly renting, leasing, or making available for use, with or without compensation, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, storing, or distributing any controlled substance for sale or distribution, punishable by imprisonment in a county jail for not more than one year, or by imprisonment in a county jail for 16 months, or 2 or 3 years. Under existing law, cannabis is a Schedule I controlled substance. Except as provided by law, existing law makes it a crime to transport, import, sell, furnish, administer, or give away any cannabis. Existing law makes all moneys, negotiable instruments, or securities used or intended to be used to facilitate a violation of this provision subject to forfeiture. This bill would, in addition to any other penalty, if the controlled substance is cannabis that is being sold or distributed in violation of state or local law, require that any excessive profits, as defined, obtained from the use of a building, room, space, or enclosure in violation of the above specified law, be subject to seizure. The bill would appropriate funds seized to the Board of State and Community Corrections to provide grants to cities, counties, and cities and counties to fund cannabis control officers, as provided, thereby making an appropriation. By increasing the punishment for 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.

This measure would proclaim the week of March 4, 2018, through March 10, 2018, inclusive, as Women in Construction Week.

(1) Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. This bill would impose a tax upon retailers for the privilege of selling firearms and ammunition, as defined, at a rate of ___, of the gross receipts of any retailer from the sale of firearms and ammunition sold in this state on or after January 1, 2019. It would also impose a comparable excise tax on the storage, use, or other consumption in this state of firearms and ammunition purchased from a retailer for the storage, use, or other consumption in this state, as provided. The taxes would be collected pursuant to the Fee Collection Procedures Law. This bill would require that revenues collected from the sales of firearms be deposited in the School Gun Violence Protection Fund, which the bill would create. The moneys in that fund would be continuously appropriated to the Department of Justice to provide grants to schools to fund the placement of police officers on high school campuses. This bill would also require that revenues collected from the sales of ammunition be deposited in the School Gun Violence Prevention Fund, which the bill would create. The moneys in that fund would be continuously appropriated to the Department of Justice to fund the placement of counselors required by this bill on middle school and junior high school campuses. (2) Existing law requires 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. A violation of this provision is a misdemeanor. This bill would prohibit a person from violating that provision with the intent to sell the manufactured or assembled firearm. A violation of that prohibition would be punishable as a misdemeanor or a felony, as specified. The bill would also make the instrumentalities and proceeds of that offense subject to forfeiture and require the proceeds of any forfeiture to be deposited into the School Gun Violence Protection Fund. (3) Existing law authorizes the governing board of a school district to establish a security department under the supervision of a chief of security as designated by, and under the direction of, the superintendent of the school district. Existing law also authorizes the governing board of a school district to establish a school police department under the supervision of a school chief of police and to employ peace officers. This bill would authorize a school, defined to include a school of a school district or county office of education or a charter school, maintaining grades 9 to 12, inclusive, to apply to the Department of Justice for a grant from the School Gun Violence Protection Fund to contract with, employ, or have assigned to the school a school resource officer, as defined, to be on campus during school hours and during sanctioned school events that are after school hours. (4) Existing law authorizes the governing board of a school district to provide for a comprehensive educational counseling program for all pupils enrolled in the school district and defines "educational counseling" for purposes of this provision to mean specialized services provided by a school counselor, as specified, who is assigned specific times to directly counsel pupils. This bill would require each school, defined to include a school of a school district or county office of education or a charter school, maintaining grades 6 to 8, inclusive, or grades 7 and 8 to have a school counselor onsite during school hours when children are present. The bill would also authorize a school to apply to the Department of Justice to obtain funding for this counselor from the School Gun Violence Prevention Fund. (5) The Child Abuse and Neglect Reporting Act requires a mandated reporter, as defined, to make a report to a specified agency whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Under existing law, failure to make this report is a crime. This bill would require a mandated reporter, defined to include certain school employees and affiliates, including, among others, teachers and school resource officers, to report whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes any threat or perceived threat by a pupil to use a firearm or any other means of force to inflict mass casualties at a school during school hours or after school hours to the local law enforcement agency and to the Department of Justice. The bill would define "school" for purposes of this provision to include a school of a school district or county office of education or a charter school maintaining kindergarten or any of grades 1 to 12, inclusive. The bill would require the local law enforcement agency and department to keep a record of threats or perceived threats reported to it. The bill would provide that a mandated reporter who fails to report a threat or perceived threat as required by the bill is guilty of a misdemeanor. The bill would authorize the department, as a result of receiving a report of a threat or perceived threat, to flag an involved individual in a firearms registry that notifies the department if the individual tries to purchase a firearm. This bill makes other technical, nonsubstantive, and conforming changes. (6) This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. (7) Because this bill would expand the scope of the Fee Collection Procedures Law, the violation of which is a crime, and would create new crimes for specified retailer misconduct, for the failure of a mandated reporter to report a threat, and for the manufacture or assembly of an unmarked firearm with the intent to sell, this bill would impose a state-mandated local program. Additionally, by imposing new requirements on schools of school districts and county offices of education and charter schools, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. Existing law requires all rigid plastic bottles and rigid plastic containers sold in the state to be labeled with a code that indicates the resin used to produce the rigid plastic bottle or rigid plastic container, and designates the number "6" as the code number for polystyrene resin. This bill would enact the Expanded Polystyrene Food Service Packaging Recovery and Recycling Act, which would authorize expanded polystyrene food service packaging (PFP) manufacturers and polystyrene resin producers to form or designate an organization consisting of PFP manufacturers and resin producers, to be known as the Expanded Polystyrene Food Service Packaging Recycling Organization. If the PFP manufacturers and resin producers form or designate a PFP Recycling Organization, the bill would require each PFP manufacturer or resin producer that formed or designated the organization that sells expanded polystyrene food service packaging or polystyrene resin in this state to pay to the PFP Recycling Organization the expanded polystyrene food service packaging assessment fee established by the PFP Recycling Organization. The bill would require the collected fees to be used by the organization to carry out the requirements of the act and for appropriate projects and programs that would further the purposes of the act, including awarding grants to specified entities for programs designed to increase community access to PFP recycling, to promote efforts to recycle PFP, and to reduce or abate litter from PFP. The bill would impose civil penalties on the PFP manufacturers or resin producers that formed or designated the PFP Recycling Organization that fail to remit the PFP assessment fee, as specified, and would authorize the department to expend the civil penalty moneys to support its duties under the act.

Existing law authorizes a city legislative body to impose fines, penalties, and forfeitures for violations of city ordinances. This bill would, until January 1, 2024, specifically authorize the City of Elk Grove to adopt an ordinance authorizing the city to confiscate and seek an order of civil forfeiture of real or personal property for violations of the city's ordinances. The bill would require the ordinance to provide the owner of the property adequate notice and opportunity to challenge the forfeiture and to ensure that the property seized is reasonable in relation to the ordinance violation. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Elk Grove.