Sen. Scott Wiener

(1) The California Constitution requires that a county charter provide for a governing body of 5 or more members, elected by district, at large, or at large with a requirement that they reside in a district, and provide for the compensation, terms, and removal of members of the governing body. Existing law also requires a general law county to have a board of supervisors consisting of 5 members, and requires, except as provided, each member of the board of supervisors to be elected by the district which the member represents. This measure would, commencing January 1, 2022, in a county that is found at a decennial United States census, beginning with the 2020 United States census, to have a population of more than 5,000,000, require, and deem any applicable law, including a county charter, to require, a governing body consisting of the greater of either 5 members or a sufficient number of members so as to ensure that each member represents a district containing a population equivalent to no more than 2 districts in the United States House of Representatives. The measure would require that the members of the governing body serve for a term of 4 years and limit election to the governing body to no more than 3 terms. The measure would also provide that, in such a county, the expenditures for the governing body and its staff may not exceed, for any subsequent fiscal year after the release of the census finding that the county has a population of more than 5,000,000, the amount that was allocated for the expenses of the governing body and its staff in the county's adopted budget for the fiscal year in which that same census was conducted, unless adjusted as provided. (2) The California Constitution additionally requires that a county charter provide for an elected sheriff, an elected district attorney, an elected assessor, and other officers. This measure would require a county that is found at a decennial United States census, beginning with the 2020 United States census, to have a population of more than 5,000,000, to have an elected county executive. The measure would provide for the election of the county executive to a term of 6 years at a general election, and would limit election to that office to no more than 2 terms. The measure would require the county executive to appoint, supervise, and dismiss any appointed department head, and to appoint the members of county commissions, subject to confirmation by the governing body of the county. The measure would additionally require the county executive to develop and submit the county budget to the governing body, for approval or amendment by that body, and to approve, with or without line-item vetoes, the budget as transmitted back by the governing body. (3) The California Constitution provides that charter counties are subject to statutes that relate to apportioning population of governing body districts. This measure would recast this provision to provide that charter counties are subject to federal, state, and local laws that relate to apportioning population of governing body districts. (4) This measure would also make other technical, nonsubstantive changes. (5) This measure would declare that its provisions are severable.

Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act, provides for the licensure and regulation of commercial cannabis activity, which responsibility is generally divided between the Bureau of Cannabis Control within the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health. Existing law requires the State Department of Public Health to establish and maintain a voluntary program for the issuance of identification cards to qualified patients who have a physician's recommendation for medical cannabis. Existing law requires the counties to process applications and maintain records for the identification card program. This bill would prohibit a state or local agency, as defined, from taking certain actions without a federal agent obtaining a court order signed by a judge and presenting that order to the state or local agency, including using agency money, facilities, property, equipment, or personnel to assist a federal agency to investigate, detain, detect, report, obtain information, or arrest a person for commercial or noncommercial cannabis activity that is authorized or allowed under state and local law in the State of California and from transferring an individual to federal law enforcement or detaining an individual at the request of federal law enforcement or federal authorities for cannabis-related activity that is legal under state and applicable local law.

(1) The Planning and Zoning Law requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including, but not limited to, a housing element that analyzes existing and projected housing needs. That law also requires the housing element, in turn, to include, among other things, an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of those needs. That law further requires the Department of Housing and Community Development, for the 4th and subsequent revisions of the housing element, to determine the existing and projected need for housing for each region, based upon population projections produced by the Department of Finance and regional population forecasts used in preparing regional transportation plans, in consultation with each council of governments. Existing law includes a declaration of legislative intent regarding the allocation of regional housing need. This bill would make additional findings regarding the relationship between the shortage of housing and the state's environmental policies. (2) Existing law requires the population forecast developed by the council of governments to be the basis upon which the department determines the existing and projected need for that region if the total regional population forecast for the project year, developed by the council of governments and used for the preparation of the regional transportation plan, is within 3% of the total regional population forecast prepared by the Department of Finance. This bill would instead require the population forecast developed by the council of governments to be the basis upon which the department determines the existing and projected need for that region if the total regional population forecast for the project year, developed by the council of governments and used for the preparation of the regional transportation plan, is within 1.5% of the total regional population forecast prepared by the Department of Finance. (3) Existing law requires the department to meet and consult with the council of governments regarding the existing and projected housing need for a region at least 26 months prior to the scheduled revision. Existing law requires the council of governments to provide data assumptions from the council's projections, including, if available, among other things, household size data and trends in household size. This bill would require the council of governments to additionally include data on the percentage of renters' households that are overcrowded, as specified. By increasing the duties of local officials, this bill would impose a state-mandated local program. (4) Existing law requires each council of governments and delegate subregion, as applicable, to distribute a draft allocation of regional housing needs to each local government within the region or subregion, as provided, at least 1.5 years prior to the scheduled revision of its housing element. Existing law authorizes a local government to request from the council of governments or delegate subregion, as applicable, a revision of its share of the regional housing need, in accordance with specified factors, within 60 days following receipt of the draft allocation. This bill would require that a request for a revised share pursuant to these provisions be consistent with, and not to the detriment of, the development pattern in an applicable sustainable communities strategy. (5) 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 permits a grand jury to inquire into all public offenses committed or triable within the county and present them to the court by indictment. If no indictment is returned, existing law allows the court that impaneled the grand jury to disclose all or part of the testimony of a witness before the grand jury to a defendant and the prosecutor in connection with any pending or subsequent criminal proceeding. This bill would require a court to disclose all or a part of a grand jury indictment proceeding transcript, excluding the grand jury's private deliberations and voting, if the grand jury decides not to return an indictment in a grand jury inquiry into an offense that involves a shooting or use of excessive force by a peace officer, as defined, that led to the death of a person being detained or arrested by the peace officer, except as specified.

Existing law requires persons convicted of specified sex offenses and certain acts of human trafficking for purposes of committing various sex offenses or extortion, as specified, or attempts to commit those offenses, to register with local law enforcement agencies while residing in the state or while attending school or working in the state. Willful failure to register, as required, is a misdemeanor, or a felony, depending on the underlying offense. Existing law requires the Department of Justice to make available to the public information concerning registered sex offenders on an Internet Web site, as specified. Existing law requires that information to include, among other things, whether the offender was subsequently incarcerated for another felony. Existing law also authorizes a person to file an application for exclusion from the Internet Web site and establishes the requirements for exclusion. This bill would, commencing January 1, 2021, instead establish 3 tiers of registration based on specified criteria, for periods of at least 10 years, at least 20 years, and life, respectively, for a conviction of specified sex offenses, and 5 years and 10 years for tiers one and two, respectively, for an adjudication as a ward of the juvenile court for specified sex offenses, as specified. The bill would allow the Department of Justice to place a person in a tier-to-be-determined category for a maximum period of 24 months if his or her appropriate tier designation cannot be immediately ascertained. The bill would establish procedures for termination from the sex offender registry for a registered sex offender who is a tier one or tier two offender and who completes his or her mandated minimum registration period under specified conditions. The bill would require the offender to file a petition at the expiration of his or her minimum registration period and would authorize the district attorney to request a hearing on the petition if the petitioner has not fulfilled the requirement of successful tier completion, as specified. The bill would establish procedures for a person required to register as a tier three offender based solely on his or her risk level to petition the court for termination from the registry after 20 years from release of custody, if certain criteria are met. The bill would also revise the criteria for exclusion from the Internet Web site. Existing law requires all basic information stored in state or local criminal offender record information systems to be recorded in the form of specified data elements, including the disposition of the offense. This bill would require that information to include sentence enhancement data elements. Existing law establishes the Sex Offender Management Board within the jurisdiction of the Department of Corrections and Rehabilitation. Existing law requires the board to address issues, concerns, and problems related to the community management of adult sex offenders. This bill would instead require the board to address any issues, concerns, and problems related to the community management of all sex offenders.

Existing law authorizes the Department of Motor Vehicles (DMV) to issue special license plates, including environmental license plates and specified special environmental design license plates. Under existing law, a state agency is authorized to apply to the DMV to sponsor a special license plate program, and the DMV is required to issue those license plates if the agency meets certain requirements. The DMV is required to charge specified fees for certain services related to the issuance of those plates. This bill would require the State Department of Health Care Services to apply to sponsor a reproductive freedom license plate program, and would require the DMV to issue the license plates if the State Department of Health Care Services meets certain requirements. The bill would authorize the State Department of Health Care Services to accept and use donated artwork from California artists for the license plate. The bill would require the revenue generated from the license plates, as specified, to be deposited in the California Reproductive Freedom Fund, created by the bill, and to be used, upon appropriation, for the Family Planning, Access, Care, and Treatment program (Family PACT) .

Existing law requires the Governor to proclaim various days in honor of a person, status, or an event. This bill would require the Governor annually to proclaim the day of the astronomical Northward equinox, which usually occurs on March 20 or the following day, as Nowrūz Day.