Existing law, the Alcoholic Beverage Control Act, generally prohibits a manufacturer, winegrower, distiller, bottler, or wholesaler, among other licensees, or agents of these licensees, from paying a retailer for advertising. The act creates a variety of exceptions from this prohibition, including permitting specified licensees to purchase advertising space and time from, or on behalf of, an on-sale retail licensee that is an owner, manager, or major tenant at a specified arena in the County of Orange or the County of Los Angeles. This bill would delete the above-described exception as it applies to the County of Orange. The bill would instead authorize specified licensees to sponsor events promoted by, and to purchase advertising space and time from, or on behalf of, an on-sale licensee that is the owner, operator, agent of the operator, or sole assignee of the operator's advertising rights of a mixed-use district located in the County of Orange. The bill would condition this authorization based on specified requirements, including that the mixed-use district consist of at least 90 acres and include office, residential, retail, and other uses, all of which are situated on land surrounding a fully enclosed arena with a fixed seating capacity in excess of 18,000 seats. The bill would authorize the advertising space or time to be purchased only in connection with retail, dining, entertainment, and events conducted on the grounds of the district and would regulate the location of the advertising that is authorized. The bill would make it a misdemeanor for certain licensees to induce, through coercion or other illegal means, the holder of a wholesaler's license to fulfill contractual obligations, as specified, and for an on-sale licensee to solicit certain licensees to purchase advertising space or time, as specified. By creating crimes, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Orange. 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.
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The Trial Jury Selection and Management Act generally authorizes a party in a criminal or civil case to challenge a prospective juror from becoming a trial juror, either by objecting to the prospective juror for cause, on the basis of a general disqualification or implied or actual bias, or through the use of a limited number of peremptory challenges. Under the act, in criminal cases, if the offense charged is punishable with death, or with imprisonment in the state prison for life, the defendant and the state are each entitled to 20 peremptory challenges. If the offense charged is punishable with a maximum term of imprisonment of 90 days or less, the defendant and the state are each entitled to 6 peremptory challenges, with a modification of that amount if 2 or more defendants are jointly tried. In a criminal trial for any other offense, the defendant and the state are each entitled to 10 peremptory challenges, with a modification of that amount if 2 or more defendants are jointly tried. The act requires the court to exclude any juror challenged peremptorily. Beginning on January 1, 2022, in a criminal case, the act authorizes a party or the trial court to object to the improper use of a peremptory challenge, as specified, and further authorizes those objections in civil cases beginning on January 1, 2026. This bill would eliminate peremptory challenges to prospective jurors in criminal cases. The bill would make conforming changes to related provisions, including, among others, repealing the authorization to object to the improper use of a peremptory challenge in a criminal case beginning on January 1, 2022. The bill also would make technical changes.
(1) Existing law provides for the licensure and regulation of shorthand reporters by the Court Reporters Board of California, which is within the Department of Consumer Affairs. Existing law subjects a person or entity to certain penalties if the person or entity engages in specified acts relating to shorthand reporting, including any act that constitutes shorthand reporting, except if the person or entity is a licensed shorthand reporter, a shorthand reporting corporation, or one of specified other persons or entities not subject to those provisions. Existing law makes a violation of these provisions a misdemeanor. This bill, on and after July 1, 2022, and until January 1, 2024, would authorize an entity that is not a shorthand reporting corporation to engage in those specified acts if the entity is approved for registration by the board after meeting specified requirements, including paying an annual registration fee to the board in an amount not to exceed $500 and designating a board-certified reporter-in-charge, as specified. The bill would require the board to approve an entity's registration or deny the entity's application upon making specified findings. The bill would make a registration valid for one year and would also provide for the suspension and revocation of a registration by the board under specified circumstances. The bill would require the board to make available on its internet website a directory of registered entities. The bill would authorize the board to adopt regulations to implement these provisions. Because a violation of the provisions regulating shorthand reporting is a crime, by expanding the provisions to apply to these new registrants the bill would expand the scope of a crime and impose a state-mandated local program. (2) Existing law regulates the procedure of civil actions. Existing law authorizes a party in a general civil case, as defined, who has provided notice, to appear by telephone at specified conferences, hearings, and proceedings. Existing law authorizes a court to require a party to appear in person at these conferences, hearings, or proceedings if the court makes a specified determination on a hearing-by-hearing basis. This bill would, until July 1, 2023, authorize a party to appear remotely and the court to conduct conferences, hearings, proceedings, and trials in civil cases, in whole or in part, through the use of remote technology. The bill would authorize the court to require a party or witness to appear in person at a conference, hearing, or proceeding, if any specified condition is present. The bill would require the court to have a process for a party, court reporter, court interpreter, or other court personnel to alert the judicial officer of technology or audibility issues. The bill would prohibit a court from requiring a party to appear remotely. The bill would allow self-represented parties to appear remotely only if they agree to do so. The bill would require the Judicial Council to adopt rules to implement these provisions, as specified. (3) Existing law provides that, unless otherwise ordered by the court or agreed to by the parties, a continuance or postponement of a trial date extends any deadlines applicable to discovery, including the exchange of expert witness information, mandatory settlement conferences, and summary judgment motions, which have not already passed as of March 19, 2020, for the same length of time as the continuance or postponement of the trial date. Existing law provides that this extension is in effect only during the COVID-19 state of emergency proclaimed by the Governor on March 4, 2020, and for 180 days after the end of the state of emergency. This bill would apply these provisions to the continuance or postponement of an arbitration date. (4) Existing law authorizes the service of documents in a civil action by electronic means pursuant to rules adopted by the Judicial Council. Existing law authorizes a court to electronically serve any document issued by the court that is not required to be personally served on a party that has agreed or consented to accept electronic service, with the same legal effect as service by mail, except as specified. This bill would, on and after July 1, 2024, instead require the court to electronically transmit those documents on a party that has agreed or consented to accept electronic service. (5) Existing law authorizes a minor's parent to compromise, or execute a covenant not to sue or not to enforce a judgment on, a claim on behalf of the minor if the minor has a disputed claim for damages, money, or other property and does not have a guardian of the estate. This bill would require the court to schedule a hearing on a petition to compromise a minor's disputed claim within 30 days from the date of filing and, if the petition is unopposed, would require the court to enter a decision at the conclusion of the hearing. 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 commemorate the 100th Anniversary of the Tomb of the Unknown Soldier at Arlington National Cemetery.
This measure would proclaim September 20, 2021, as Latino Veterans Day.
This measure would declare August 7, 2021, as Purple Heart Day in California.
This measure would urge the United States Congress and the President of the United States to permit states to extend burial and memorial benefits in state veterans cemeteries to Republic of Korea veterans and Republic of Vietnam veterans who served in the Vietnam War and who subsequently became United States citizens. The measure would urge the United States Congress and the President of the United States to extend the same benefits in national cemeteries.
Existing law establishes a specialized license plate program and requires the Department of Motor Vehicles (DMV) to issue specialized license plates on behalf of a sponsoring state agency if the agency receives 7,500 applications within a 12-month period, among other requirements. Existing law requires the DMV to charge specified additional fees for the issuance, renewal, or transfer of specialized license plates, and requires the DMV to deposit the fees, less the DMV's costs, into the Specialized License Plate Fund. Existing law requires that moneys in the fund be allocated, upon appropriation by the Legislature, to each sponsoring agency in proportion to the amount that is attributable to the agency's specialized license plate program. Existing law authorizes the sponsoring state agency to use these moneys to fund projects and programs that promote the state agency's official policy, mission, or work. This bill would require the Department of Veterans Affairs to apply to the DMV to sponsor a professional sports franchise license plate program pursuant to these provisions.
Existing law establishes the Employment Development Department (department) within the Labor and Workforce Development Agency and sets forth its powers and duties, including administration of the unemployment and disability insurance programs for California. Existing law requires the department to pay unemployment compensation benefits from the Unemployment Fund to unemployed individuals meeting specified requirements, and continuously appropriates the Unemployment Fund for that purpose. Existing law requires the department to maintain a field investigating staff, whose function includes investigation of violations of the unemployment and disability insurance programs. Existing law establishes the Department of Justice within state government, and establishes the Attorney General as the head of the department and as the chief law officer of the state. Existing law sets forth the powers and duties of the Attorney General, including the direct supervision over the district attorneys of the several counties of the state. Existing law authorizes the Attorney General to assist any district attorney in the discharge of their duties, as prescribed. This bill would establish the Unemployment Insurance Integrity Enforcement Program within the Department of Justice, administered by the Attorney General. The bill would require the Attorney General to establish a task force consisting of the Director of Employment Development and 5 members appointed by the Attorney General. The bill would require the task force to coordinate with local district attorneys and, when available and necessary, with the United States Attorney's Office to pursue available methods to recover improper benefit payments made from the department. The bill would require the task force, prior to pursuing any civil or criminal action, to prepare a cost-benefit analysis, as specified. The bill would make an appropriation by depositing funds recovered pursuant to the program into the continuously appropriated Unemployment Fund. This bill would also require the Attorney General, beginning January 1, 2023, and upon appropriation by the Legislature, to fund a grant program targeted at the successful prosecution and elimination of fraudulent unemployment insurance claims. The bill would require the Attorney General, in determining whether to award a grant, to consider specified criteria, and to give priority to those grant applications with the greatest potential to reduce unemployment fraud activity and lessen the economic losses from that fraud. The bill would also prioritize grant applications for multicounty efforts to investigate and prosecute unemployment insurance fraud activity. Under existing law, the information obtained in the administration of the Unemployment Insurance Code is for the exclusive use and information of the Director of Employment Development in the discharge of the director's duties and is not open to the public. Existing law permits the use of the information for specified purposes, including providing authorized governmental agencies with information relevant to various types of fraud investigations, including insurance and Department of Motor Vehicle document fraud. Existing law permits the director to require reimbursement for all direct costs incurred in providing information pursuant to these provisions, except as specified. Existing law makes it a crime for a person to knowingly access, use, or disclose this confidential information without authorization. This bill would require the Employment Development Department (EDD) to provide specified information relevant to investigations of potential unemployment insurance fraud. The bill would require that the information be provided to the extent allowed by federal law. This bill would exempt conduct related to information provided under this provision from the criminal sanctions.