Existing law provides for the regulation of advertising in this state and makes certain advertising practices unlawful. A violation of the provisions regulating advertising is a misdemeanor. This bill would make it an infraction, punishable by a fine not to exceed $250, for a provider or vendor of floral or ornamental products or services, as defined, to misrepresent the geographic location of its business by either (1) listing a local telephone number in any listing or advertisement, unless the advertisement or listing identifies the true physical address, including the city, of the provider's or vendor's business; or (2) listing a fictitious business name or an assumed business name in any listing or advertisement, if the name misrepresents the location of the business and the listing or advertisement does not identify the true physical address of the business. This bill would also state that it does not create or impose any obligation or duty upon a person other than a vendor or provider as described above. By creating new advertising prohibitions, the violation of which 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.
Sponsored bills
Existing law generally regulates the conduct of employers in the state. This bill would prohibit an employer from requiring or requesting an employee or applicant for employment to disclose a username or password for the purpose of accessing personal social media, to access personal social media in the presence of the employer, or to divulge any personal social media. This bill would also prohibit an employer from discharging, disciplining, threatening to discharge or discipline, or otherwise retaliating against an employee or applicant for not complying with a request or demand by the employer that violates these provisions. Under existing law, the Labor Commissioner, who is the Chief of the Division of Labor Standards Enforcement in the Department of Industrial Relations, is required to establish and maintain a field enforcement unit to investigate specified violations of the Labor Code and other labor laws and to enforce minimum labor standards. Existing law authorizes, and under specified circumstances requires, the Labor Commissioner to investigate employee complaints of violations of the Labor Code, provide for a hearing, and determine all matters arising under his or her jurisdiction. This bill would provide that the Labor Commissioner is not required to investigate or determine any violation of a provision of this bill.
Existing law identifies property of a debtor that is exempt from all procedures for enforcement of a money judgment. Under existing law, those exemptions are available to a debtor in a federal bankruptcy case, whether a money judgment is being enforced by execution sale or other procedure, unless the debtor elects certain alternative exemptions. Existing law also provides that a specified portion of equity in a homestead, as defined, is exempt from execution to satisfy a judgment debt, and sets forth the amounts of the homestead exemptions available under specified circumstances. Existing law requires the Judicial Council to, every 3 years, adjust the amount of the exemptions described above based on the change in the annual California Consumer Price Index for All Urban Consumers, as specified. This bill would increase the dollar amount of the exemptions for a debtor's interest in motor vehicles, jewelry, and implements, professional books, or tools of the trade of the debtor or the debtor's dependent. This bill would, beginning April 1, 2013, and every 3 years thereafter, require the Judicial Council to submit to the Legislature the amount by which the dollar amounts of the homestead exemptions described above may be adjusted based on the change in the annual California Consumer Price Index for All Urban Consumers, as specified. This bill would also increase the amount of the homestead exemptions for persons 55 years of age or older who meet specified income criteria.
(1) Existing law makes it unlawful to engage in specified practices, unfair methods of competition, and unfair or deceptive acts or practices in a transaction intended to result or that results in the sale or lease of goods or services, including making false or misleading statements concerning the existence of price reductions, or the home solicitation of a consumer who is a senior citizen where a loan is made encumbering the primary residence of that consumer for purposes of paying for home improvements. A consumer who suffers damages as a result of the use or employment of the prohibited acts or practices may bring an action to recover civil damages of at least $1,000, and, if the victim is a senior citizen and the trier of fact makes specified findings, including that the consumer has suffered substantial physical, emotional, or economic damage resulting from the defendant's conduct, to recover an additional amount of up to $5,000. This bill would expand that provision to include advertising or promoting any event, presentation, seminar, workshop, or other public gathering regarding veterans' benefits or entitlements that does not include a statement that the person disseminating the statement is not authorized to file an initial application for veterans' benefits or that the event is not sponsored by or affiliated with specified veterans' organizations, including the United States Department of Veterans Affairs. The bill would also make a conforming change. (2) Existing law provides that all insurers, brokers, agents, and others engaged in the transaction of insurance owe a prospective insured who is 65 years of age or older, a duty of honesty, good faith, and fair dealing. This duty is in addition to any other duty, whether express or implied, that may exist. This bill would make it unlawful for an insurance agent who is not licensed as an attorney to deliver to a person who is 65 years of age or older, or for an insurance agent who is licensed as an attorney to deliver to a person who is 65 years of age or older, a living trust or other legal document, other than an insurance contract or other insurance product document, except as specified. (3) Existing law requires any person who meets with a senior in the senior's home to deliver a specified notice to the senior in writing and in 14-point type no less than 24 hours prior to that individual's initial meeting in the senior's home. This bill would additionally require the notice to be delivered no more than 14 days prior to the meeting. The bill would also require that the notice be a stand-alone document in 16-point, rather than 14-point, type, that the notice include specified information regarding the agent, including his or her full name and license number, and that the notice include a specified statement. (4) Existing law sets certain standards with regard to any advertisement, as defined, or other device designed to produce leads based on a response from a potential insured that is directed to a person 65 years of age or older, including, but not limited to, disclosing certain information, not using certain language, names, letters, or symbols, and not using specified deceptive or misleading practices and materials. This bill would change the definition of advertisement to also include worksheets, questionnaires, or other materials designed to collect personal or financial information about a prospective insured or annuitant. The bill would also add veterans organizations or agencies and the United States Department of Veterans Affairs to the list of those entities that cannot be used in specified deceptive or misleading advertising practices and materials.
Existing law requires the Instructional Quality Commission to recommend curriculum frameworks for adoption by the State Board of Education in accordance with regulations. Existing law defines "curriculum framework" as an outline of the components of a given course of study designed to provide state direction to school districts in the provision of instructional programs. This bill would require the commission and the state board to ensure that the health and science curriculum frameworks adopted in the course of the next submission cycle, as specified, include the subject of organ procurement and tissue donation, as appropriate.
(1) Existing law, the Electronic Waste Recycling Act of 2003 (act) , requires a retailer selling a covered electronic device in this state to collect a covered electronic waste recycling fee from the consumer, as specified. These fees are deposited in the Electronic Waste Recovery and Recycling Account, and the Department of Resources Recycling and Recovery (department) is continuously appropriated the money in the account to, among other things, make electronic waste recovery payments and recycling payments. The department is authorized to make these payments only if certain conditions are met. Existing law requires the act to be enforced pursuant to the hazardous waste control laws, a violation of which, including the making of a false statement or representation in a document, is a crime. This bill would additionally require, as a condition of making these payments, that the covered electronic waste is demonstrated to have been generated by a person who used the covered electronic device while located in this state. The bill would specify that covered electronic waste generated outside of the state and subsequently brought into the state is not eligible for payment and would require the department to establish documentation requirements necessary to demonstrate that covered electronic waste was generated in the state and eligible for payment. Since a false statement or representation in that document would be a crime, the bill would impose a state-mandated local program. (2) The act requires the department, for covered electronic waste collected for recycling on and after January 1, 2005, to make those electronic waste recycling and recovery payments for the collection and recycling of covered electronic waste to an authorized collector or covered electronic waste recycler, respectively, upon receipt of a completed and verified invoice submitted to the department by the authorized collector or recycler in the form and manner determined by the department. This bill would instead require the department to make those electronic waste recycling and recovery payments for the collection and recycling of covered e-waste to an authorized collector or covered e-waste recycler, respectively, upon completion of the department's review of a payment claim, submitted to the department in the form and manner determined by the department. The bill would also authorize the department to conduct a selective audit of authorized collectors, covered e-waste recyclers, or manufacturers receiving payments from the department to determine whether electronic waste recovery or recycling payments or payments to manufacturers are being made by the department according to the requirements of the act and the regulations adopted pursuant to that act. (3) Existing law requires a person challenging certain actions of the department to first exhaust all administrative remedies by filing with the department an administrative appeal no later than 30 calendar days from the date of the departments's action, in accordance with the regulations adopted to implement the act. This bill would require the hearing to be held before the Director of Resources Recycling and Recovery or his or her designee, who would be required to issue a written decision stating the factual and legal basis for this decision. The bill would also make conforming changes with reference to the department. (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.
(1) The Aboveground Petroleum Storage Act (act) defines, for purposes of the act, an "aboveground storage tank" as a tank that has the capacity to store 55 gallons or more of petroleum and that is substantially or totally above the surface of the ground, except as specified. Existing law requires every county to apply to the Secretary for Environmental Protection to be certified to implement the unified hazardous waste and hazardous materials management regulatory program (unified program) and allows a city or local agency to implement the unified program. Existing law requires the unified program agencies (UPAs) to implement that act. This bill would revise the definition of "aboveground storage tank" to include tanks in an underground area, as defined. The bill would also make conforming changes to the definition of the term "tank facility." The bill would require the UPAs to implement the act in accordance with the regulations adopted by the Office of the State Fire Marshal and would authorize the Office of the State Fire Marshal to adopt these regulations, thereby imposing a state-mandated local program by imposing new requirements upon local agencies with regard to the act. The bill would require the office to establish an advisory committee and take other actions with regard to ensuring compliance with local, state, and federal requirements. The bill would also require the office to interpret the act and oversee the implementation of the act by the UPAs and would make conforming changes in that regard. The bill would impose criminal penalties for a violation of the act, thereby imposing a state-mandated local program by creating new crimes, and would impose administrative penalties for a violation of the act. (2) Existing law defines the term "underground storage tank" for purposes of the provisions regulating the storage of hazardous substances in underground storage tanks, and excludes certain tanks from that definition. Existing law exempts from the requirements imposed upon underground storage tanks, a tank located in a below-grade structure that is connected to an emergency generator tank system and meets specified conditions, including that the tank has a cumulative capacity of 1,100 gallons or less. This bill would revise the definition of the term "underground storage tank" to additionally exclude a tank in an underground area, and associated piping, that is subject to the act. The bill would increase the capacity for an exempted tank in a below-grade structure to less than 1,320 gallons. (3) This bill would incorporate additional changes to Section 25281 of the Health and Safety Code proposed by AB 1701, to become operative only if AB 1701 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. (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 specified reasons.
(1) Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program. A city or local agency that meets specified requirements is authorized to apply to the secretary to implement the unified program, and every county is required to apply to the secretary to be certified to implement the unified program as a Certified Unified Program Agency (CUPA) . Existing law generally regulates the storage of hazardous substances in underground storage tanks and requires the provisions to be implemented by the local agency that is authorized to implement the unified program and thus be certified as the CUPA. Existing law also defines the term "unified program agency" as meaning the CUPA, or its participating agencies, that is approved by the secretary to implement or enforce those underground storage tank requirements. This bill would revise the term "local agency" for purposes of the underground storage tank requirements to mean the unified program agency with regard to the implementation of certain provisions regulating underground storage tanks and a city or county for purposes of provisions authorizing corrective action to releases from those tanks. The bill would impose a state-mandated local program by imposing new duties upon local agencies with regard to the implementation of those requirements. (2) Existing law requires the State Water Resources Control Board to develop and implement a local oversight program for the abatement of, and oversight of the abatement of, unauthorized releases of hazardous substances from underground storage tanks by local agencies and authorizes the board to enter into an agreement with a local agency to conduct that program. This bill would revise those provisions to allow a city or county to apply to the board to be certified to implement the local oversight program and would provide, on and after July 1, 2013, that only a certified city or county is authorized to implement the local oversight program. The bill would authorize the board to certify a city or county that the board determines is qualified to oversee or perform the abatement and would require the board to adopt procedures and criteria for certifying and withdrawing certification from cities and counties, which procedures and criteria would be exempt from the requirements and procedures for the adoption of regulations. The bill would require the board, if it does not, by July 1, 2013, certify a city or county that has been previously implementing a local oversight program, to assign the cases from that city or county to the appropriate regional board or a certified city or county. The board would be required to review, at least once every 3 years, the ability of the certified city or county to carry out the local oversight program and would be authorized, after conducting the review, to withdraw the certification of the city or county, pursuant to a specified procedure. The bill would allow the board, on and after June 30, 2013, to enter into an agreement with a local agency to conduct the local oversight program only if the local agency is a certified city or county. (3) The bill would incorporate amendments to Section 25281 of the Health and Safety Code proposed by both this bill and AB 1566, which would become operative only if both bills are enacted and become effective and this bill is enacted after AB 1566. (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.
Existing law establishes procedures regarding the registration of voters. Under existing law, a person may not be registered to vote except by affidavit of registration, and a voter may not vote in an election unless his or her affidavit of registration is executed and received by the county elections official on or before the 15th day prior to the election. Existing law permits any registered voter to vote by a vote by mail ballot, and further permits any voter using a vote by mail ballot to vote the ballot at the office of the elections official beginning 29 days before the election. Existing law requires that the affidavit of registration show facts necessary to establish the affiant as an elector, as specified, and provides that if the affiant has not been issued a current and valid driver's license or social security number, he or she shall be provided a unique identification number for voter registration purposes. This bill would establish conditional voter registration, using an affidavit of registration, whereby a person would be permitted to register to vote after the 15th day prior to an election or on election day, and cast a provisional ballot to be counted if the conditional voter registration is deemed effective. This bill would provide that a conditional voter registration shall be deemed effective if the county elections official is able to determine before or during the canvass period for the election that the registrant is eligible to register to vote and that the registrant has provided information that matches specified state or federal databases. The bill would provide that if the information provided by the registrant cannot be verified by matching the information to those specified state or federal databases and the registrant is otherwise eligible to vote, the registrant shall be issued a unique identification number pursuant to the above-referenced provisions and the conditional voter registration shall be deemed effective. The bill would establish specific criminal and civil penalties for the commission of fraud in the execution of a conditional voter registration pursuant to these provisions. The bill would require the county elections official to offer conditional voter registration and provisional voting at its permanent offices, and would permit the official to offer this registration and voting at satellite offices on election day, in accordance with specified procedures. The bill would also require the county elections official to cancel, as specified, duplicate voter registrations that may arise due to conditional voter registration. The above provisions of the bill would become operative on January 1 of the year following the year in which the Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002. Existing law provides that upon conviction for a crime pertaining to an election for which no fine is prescribed, the court may impose, in addition to any prescribed imprisonment, a fine on the offender of not more than $1,000 for a misdemeanor or $10,000 for a felony. This bill would increase the amount of that fine for a felony to $25,000. By creating a new crime and new duties for local elections officials, 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 Wage Garnishment Law governs earnings withholding orders and provides definitions of certain terms. Existing law requires a levy of execution upon the earnings of a judgment debtor to be made by service of an earnings withholding order upon the debtor's employer. Existing law limits the amount of earnings of a judgment debtor that may be subject to an earnings withholding order to the amount specified by federal law, unless an exception applies. Federal law prohibits the amount of earnings that may be subject to garnishment from exceeding 25% of an individual's weekly disposable earnings or the amount by which the individual's disposable earnings for the week exceed 30 times the federal minimum hourly wage in effect at the time the earnings are payable. This bill would define "disposable earnings" as the portion of an individual's earnings that remains after deducting all amounts required to be withheld by law. The bill would also prohibit the amount of an individual judgment debtor's weekly disposable earnings subject to levy under an earnings withholding order from exceeding the lesser of 25% of the individual's weekly disposable earnings or the amount by which the individual's disposable earnings for the week exceed 40 times the state minimum hourly wage in effect at the time the earnings are payable, unless an exception applies. For any pay period other than weekly, the bill would also require the use of certain multipliers to determine a maximum amount subject to levy under an earnings withholding order that is proportional in effect to a calculation based on the amount by which the individual's earnings for a workweek exceed 40 times the state minimum wage, except as specified. This bill would become operative on July 1, 2013. In order to implement these provisions, the bill would also require the Judicial Council to, on or before July 1, 2013, revise the instructions contained in certain documents provided to employers in order to specify the method of computation described above.