Sen. Scott Wiener

Existing law recognizes certain animals, plants, towns, museums, and memorials as official state emblems, including, among others, the California Vietnam Veterans Memorial as the official state Vietnam veterans war memorial and the California State Military Museum and Resource Center as the official state military museum. This bill would recognize the LGBTQ Veterans Memorial at the Desert Memorial Park in Cathedral City as the official state LGBTQ veterans memorial.

Existing law establishes a State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) and requires every registered sex offender to be assessed with the SARATSO. Existing law establishes a SARATSO Review Committee, comprised of a representative of the Department of Corrections and Rehabilitation, a representative of the State Department of State Hospitals, and a representative of the Attorney General's office, to ensure that the SARATSO reflects the most reliable, objective, and well-established protocols for predicting sex offender risk of recidivism. Existing law also establishes a Sex Offender Management Board to address any issues, concerns, and problems related to the community management of sex offenders. This bill would require the SARATSO Review Committee to sponsor research specific to California sex offenders relating to recidivism and desistance from offending, as specified, and require the committee to submit an annual report to the Legislature on its ongoing research and the final results of its research studies. The bill would also add 2 additional members with experience with juveniles, as specified, to the Sex Offender Management Board.

Existing law provides for the federal Supplemental Nutrition Assistance Program (SNAP) , administered in California as CalFresh, under which each county distributes nutrition assistance benefits provided by the federal government to eligible households. Existing state law authorizes a county to deliver CalFresh benefits through the use of an electronic benefits transfer (EBT) acceptance system. Existing law, until January 1, 2022, encourages the Regents of the University of California, requires the Trustees of the California State University, and authorizes the Board of Governors of the California Community Colleges, to designate as a "hunger-free campus" each of the institutions' respective campuses that meet specified criteria, including having a campus employee designated to help ensure that students have the information they need to enroll in CalFresh. This bill would require the State Department of Social Services, the State Department of Public Health, the State Department of Education, and the Department of Food and Agriculture, to develop a plan to end hunger. The bill would require the State Department of Social Services to serve as the lead agency for the development of the plan. The bill would require the plan to be distributed to the Legislature no later than January 1, 2020, and would establish criteria for the plan, including that the plan establish a budget of $11,500,000, contingent upon an appropriation in the annual Budget Act or other measure, for the Department of Food and Agriculture to support local food hub efforts. The bill would also require the plan to request the Regents of the University of California, and direct the Trustees of the California State University and the Board of Governors of the California Community Colleges, to develop systems that allow EBT cards to be used on their respective campuses, and present a report to the Assembly Select Committee on Campus Climate on the progress that has been made, by July 1, 2019.

The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose a local sales and use tax in accordance with that law for tangible personal property sold at retail in the county or city, or purchased for storage, use, or other consumption in the county or city. Existing law requires the city tax rate to be credited against the county rate so that the combined rate does not exceed 1.25%. Existing law requires the county or city to contract with the California Department of Tax and Fee Administration for the administration of the taxes and requires the department to transmit those taxes to the city or county. The Bradley-Burns Uniform Local Sales and Use Tax Law provides that for the purpose of a local sales tax adopted pursuant to that law, all retail sales are consummated at the place of business of the retailer, unless otherwise specified. Existing law provides that these local sales taxes are allocated to the place where the sale is deemed to take place. The California Constitution prohibits the Legislature from enacting a statute that would change the method of distributing revenues derived under the Bradley-Burns Uniform Local Sales and Use Tax Law, as that law read on November 3, 2004, except the Legislature may change that law by statute to allow the state to participate in an interstate compact or to comply with federal law. This measure would provide that, on and after January 1, 2020, for the purpose of distributing the revenues derived under a sales tax imposed pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law, the retail sale of tangible personal property by a qualified retailer, as defined, that is transacted online is instead consummated at the point of the delivery of that tangible personal property to the purchaser's address or to any other delivery address designated by the purchaser.

(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.

Under existing law, a judgment that a person convicted of an infraction be punished by a fine may also provide for the payment to be made within a specified time or in specified installments. Existing law requires a court, in any case when a person appears before a traffic referee or judge of the superior court for adjudication of a violation of the Vehicle Code, upon request of the defendant, to consider the defendant's ability to pay, as specified. This bill would require the court, in any case involving an infraction filed with the court, to determine whether the defendant is indigent for purposes of determining what portion of the statutory amount of any associated fine, fee, assessment, or other financial penalties the person can afford to pay. The bill would provide that the defendant can demonstrate that he or she is indigent by providing specified information, including attesting to his or her indigent status under penalty of perjury. Because a violation thereof would be a crime, the bill would impose a state-mandated local program. The bill would require the court to reduce the base fine and associated fees by 80% if the court establishes that the defendant is indigent, and to provide alternatives to immediate payment of the sentence, including a payment plan option. The bill would require the court to determine the amount a defendant can afford to pay per month by using a payment calculator developed by the Judicial Council, as specified. For persons not found to be indigent, the bill would require that the monthly payment not exceed 5% of the defendant's family monthly income, as provided. For defendants found to be indigent, the bill would require that monthly payments be $0 until the defendant's financial circumstances change, and would require the remaining amount owed to be discharged after 48 months in the interest of justice. Existing law authorizes any county or court to implement a "comprehensive collection program" as a separate revenue collection activity, and requires the program to meet certain criteria, one of which is that the program engages in specified activities in collecting fines or penalties. One of those activities is initiating suspensions or holds for driver's licenses, as specified. This bill would delete initiating suspensions or holds for driver's licenses from the list of activities the program may engage in. The bill would require the program to provide a payment plan option based on the debtor's ability to pay and requires the program to notify the defendant of his or her right to an indigency determination for infractions. Existing law requires, whenever a person is arrested for any nonfelony violation of the Vehicle Code, or for a violation of an ordinance of a city or county relating to traffic offenses and he or she is not immediately taken before a magistrate, the arresting officer to prepare in triplicate a written notice to appear in court or before a person authorized to receive a deposit of bail, as specified. Existing law further requires the officer to deliver one copy of the notice to appear to the arrested person, and the arrested person in order to secure release must give his or her written promise to appear in court or before a person authorized to receive a deposit of bail. This bill would require the court to send the defendant a reminder notice of his or her promise to appear in court and would require the reminder notice to include specified information, including an appearance date and location and the right to an indigency determination. Existing law authorizes the court to notify the Department of Motor Vehicles when a person has failed to appear or failed to pay a fine or bail, with respect to various violations relating to vehicles. Existing law requires the department to suspend, and prohibits the department from issuing or renewing, a person's driver's license upon receipt of one of those notices, as specified. This bill would repeal the provisions authorizing the court to notify the department of a failure to pay a fine or bail. The bill would repeal certain provisions prohibiting the department from issuing or renewing a person's driver's license upon receipt of a notice of a defendant's failure to pay, with respect to designated violations. Existing law provides that a person willfully violating his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before a person authorized to receive a deposit of bail, or willfully failing to pay bail in installments or a certain lawfully imposed fine, as specified, is guilty of a misdemeanor. The bill would instead provide that a person willfully violating his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before a person authorized to receive a deposit of bail is guilty of an infraction. By changing the definition of a crime, this bill would impose a state-mandated local program. This bill would repeal the misdemeanor for willfully failing to pay bail in installments or a lawfully imposed fine. This bill would declare that its provisions do not alter existing law related to suspension of the privilege to operate a motor vehicle in connection with violations relating to reckless driving or driving under the influence of alcohol or drugs, as specified. 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 City and County of San Francisco to create infrastructure financing districts, including districts that include specified waterfront property, adopt infrastructure financing plans for those districts, and issue bonds financed by projected increases in ad valorem property taxes to fund certain public facilities, pursuant to a specified procedure. Existing law specifies the types of projects a waterfront district may finance. This bill would revise those provisions by, among other things, expanding the authorization for the creation of waterfront districts by the City and County of San Francisco to include a shoreline protection district, as defined, subject to a shoreline protection enhanced financing plan, as provided. The bill would also expand the types of projects a waterfront district may finance, as specified. The bill would require the proposed infrastructure financing plan for a shoreline protection district to be mailed to, among others, the Director of Finance and the Secretary of the Natural Resources Agency. Existing law authorizes the adoption of infrastructure financing plans for special waterfront districts that include the waterfront area in the City and County of San Francisco designated as the America's Cup venues, and the use of specified tax revenues produced in the districts for, among other things, the construction of the Port of San Francisco's maritime facilities at Pier 27 and improvement of publicly held waterfront lands used as viewing sites, as provided. This bill would repeal that authorization. This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.

Existing law establishes the right of a person under the jurisdiction of the Department of Corrections and Rehabilitation or sentenced to county jail to petition the court to obtain a name or gender change. Existing law requires the department or county jail to use the new name of a person who obtains a name change in all documentation of the person, and to list the prior name only as an alias. This bill would additionally require that in all verbal communications to or regarding a person under the jurisdiction of the department or imprisoned within a county jail, department staff, facility staff, and contractors use the new name of a person who has obtained a name change. Existing law requires the Department of Corrections and Rehabilitation to consider certain factors in their inmate classification and housing assignment procedures to prevent sexual violence and promote inmate safety. This bill would require that during the initial intake and classification process, the department afford each individual entering into custody an opportunity to specify the person's gender identity, preferred first name, gender pronoun, and honorific, as defined, and would require that a person in the custody of the department who is placed for more than 5 days in a setting other than general population housing because the person is deemed to be at high risk for sexual victimization or other forms of assault or harassment, or because of an investigation not resulting from the person's own alleged violation of criminal laws or institutional rules, have equal access to programs and work opportunities, as provided, to the fullest extent possible, to individuals housed in general population, as specified. The bill would require the department to annually report to the Legislature, the Assembly Committee on Budget, and the Senate Committee on Budget and Fiscal Review on its progress towards providing equal access to programs and work opportunities, as specified. The bill would require that staff and contractors of the department consistently use the gender pronoun and honorific an individual has specified in all verbal and written communications with or regarding that individual. Existing law requires inmate housing in jails to use a classification procedure that is based upon objective criteria, including consideration of criminal sophistication, seriousness of crime charged, presence or absence of assaultive behavior, age, and other criteria that will provide for the safety of the prisoners and staff. This bill would require that during the initial intake and classification process, the jail staff afford each individual entering into custody an opportunity to specify the person's gender identity, preferred first name, gender pronoun, and honorific, as defined, and would require that a person in the custody of a county jail who is placed for more than 5 days in a setting other than general population housing because the person is deemed to be at high risk for sexual victimization or other forms of assault or harassment, or because of an investigation not resulting from the person's own alleged violation of criminal laws or institutional rules, have equal access to programs and work opportunities as provided to individuals housed in general population, as specified. The bill would require that staff and contractors of the jail consistently use the gender pronoun and honorific an individual has specified in all verbal and written communications with or regarding that individual. By imposing additional duties on local law enforcement entities, 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.

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. The act authorizes each county, city, district, or other local governmental agency to determine whether aspects of solid waste handling services are to be provided by franchise, contract, license, permit, or other authorization. This bill would require a court to award to a prevailing party reasonable attorney's fees, expert witness fees, and other costs incurred in a civil action brought to enforce a franchise, contract, license, permit, or other authorization for solid waste handling services in an amount the court deems appropriate, but would prohibit the court from awarding those fees and costs under specified circumstances. The bill would require a plaintiff, in order for a court to award to a prevailing party those costs and fees, to first notify and request approval to proceed from the relevant local agency. The bill would require the local agency to post all notices and approval requests it receives on the local agency's Internet Web site, as specified. By imposing additional duties on local agencies, the bill would impose a state-mandated local program. The bill would require a person seeking costs and fees in accordance with that provision to notify the department, and would require the department to report to the Legislature the total number and dispositions of actions filed in accordance with that provision for the previous calendar year. The bill would repeal these provisions as of January 1, 2022. The act prohibits a person, other than an authorized recycling agent, from removing specified materials that have been segregated from solid waste materials and placed at a designated recycling collection location for residential curbside collection programs authorized by a city, county, or local agency for the purposes of collection and recycling or at a designated recycling collection location by any commercial or industrial entity. Existing law authorizes a court, in a civil action by a recycling agent against a person alleged to have violated these laws, to either allow treble damages or award a civil penalty, as specified, against the unauthorized person removing the recyclable material, and to allow treble damages or award a higher civil penalty, as specified, against a person for a second violation and subsequent violations. This bill would expand this civil enforcement to apply to knowing and willful participation in the unauthorized removal of the segregated recyclable material, would explicitly authorize a local governmental agency to bring an enforcement action, and would require a court to award to the prevailing party reasonable attorney's fees, expert witness fees, and costs incurred in the course of the litigation, except as specified. 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 requires the Department of Corrections and Rehabilitation to provide a supportive housing program that provides wraparound services to mentally ill parolees at risk of homelessness using funding appropriated for that purpose. Existing law makes an inmate or parolee eligible for participation if he or she has a serious mental disorder, as specified, and has been assigned a release date from state prison and is likely to become homeless upon release or is currently a homeless parolee. Existing law requires providers to offer various services, including housing location services and rental subsidies and establishes criteria for housing that qualifies for the program. Existing law requires providers to report to the department regarding the intended outcomes of the program, including the number of participants served and the outcomes for participants. Existing law also requires the department to prepare an analysis of the information, as specified, and to annually submit, on or before February 1, the information and the analysis to the Chairs of the Joint Legislative Budget Committee and other specified committees. This bill would require the department, on or before January 1, 2019, to create the Supportive Housing Pilot Program, which would be in effect at the same time as the existing program and would establish a process and timeline for finalizing a memorandum of understanding with one or more counties that elect to participate in which the department would agree to, among other things, refer eligible parolees to participating counties for mental health treatment, housing navigation services, and supportive housing services, and to pay for bridge rental assistance, as defined, and services in supportive housing during the program participant's term of parole. The participating counties would agree to provide community-based mental health treatment within the existing county Medi-Cal mental health program if ongoing treatment for the participant is medically necessary and to fund rental assistance and services, as specified. Among other things, the bill would establish criteria for housing for purposes of the program. The bill would require a participating county to report to the department regarding the intended outcomes of the program, and would require the information to include the number who were arrested while participating in the program and the number residing in a county jail. The bill would require the department, on or before June 30, 2021, to seek and contract with an independent evaluator to prepare an analysis of the information, as specified, and to submit the information and the analysis to the Chairs of the Joint Legislative Budget Committee and other specified committees no later than January 1, 2023. The bill would require the department to implement the program using funding appropriated by the Legislature for the purposes described in the program. The bill would also include a statement of legislative findings and declarations.