Existing law, the California Tourism and Marketing Act, establishes a nonprofit mutual benefit corporation named the California Travel and Tourism Commission under the direction of a board of commissioners composed of 37 members, including the Director of the Governor's Office of Business and Economic Development. This bill, the California Tourism Recovery Act, would require the commission to, upon a determination by the State Department of Public Health that it is safe to resume travel in California, implement a strategic media and jobs recovery campaign known as the "Calling All Californians" program for the purpose of reversing the impact of the COVID-19 pandemic on the travel and tourism industry in California, as specified. The bill would require the commission to report to the Legislature, on or before January 1, 2024, regarding the cost of the program and the impact of the program on the tourism industry in California. The bill would require, only upon appropriation by the Legislature, the Controller to transfer $45,000,000 to the commission for the purpose of implementing the "Calling All Californians" program.
Sponsored bills
The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure 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. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, including retail commercial cannabis activity. MAUCRSA gives the Bureau of Cannabis Control in the Department of Consumer Affairs the power, duty, purpose, responsibility, and jurisdiction to regulate commercial cannabis activity in the state as provided by the act, and does not supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate commercial cannabis businesses within that local jurisdiction. MAUCRSA reserves to a local jurisdiction, defined as a city, city and county, or county, specified powers regarding commercial cannabis activity, including adopting and enforcing local ordinances regulating commercial cannabis activity or prohibiting that activity. This bill would authorize a local jurisdiction to enter into a cannabis licensing agreement with the bureau to require the bureau to administer local commercial cannabis licensing, permitting, or other regulatory activities on behalf of the local jurisdiction. The bill would require the agreement to meet specified conditions, including that the agreement expires no less than 5 years from its operative date, and would require the local jurisdiction designate applicable zoning areas for commercial cannabis activity. This bill would require the bureau to provide notice to local licensees or permitholders of the transition from local administration to state administration, as provided, and would require the bureau to begin accepting new applications for local cannabis licenses within 15 days of entering into a cannabis licensing agreement. The bill would additionally authorize the bureau to impose penalties, not to exceed unspecified amounts, on a local jurisdiction for violation of a cannabis licensing agreement, and would require the bureau to deposit any penalties collected into the Cannabis Fines and Penalties Account. This bill, prior to expiration of the agreement, would require the local jurisdiction to either establish its own licensing and regulatory framework for commercial cannabis activity, or upon consent of the bureau, renew the agreement by ordinance or resolution. The bill would impose unspecified monetary penalties if the local jurisdiction or the bureau terminate the agreement prior to expiration. By requiring the bureau to pay a penalty to a local jurisdiction from the Cannabis Fines and Penalties Account, the bill would make an appropriation. Existing law places requirements on applicants for state cannabis licenses, including that an applicant with 20 or more employees provide a notarized statement that the applicant will enter into, or demonstrate that it has already entered into, and abide by the terms of a labor peace agreement. Existing law requires an applicant with less than 20 employees that has not yet entered into a labor peace agreement to provide a notarized statement as part of its application indicating that the applicant will enter into and abide by the terms of a labor peace agreement within 60 days of employing its 20th employee. Existing law requires an applicant to provide a statement, signed by the applicant under penalty of perjury, that the information is complete, true, and accurate. This bill, beginning January 1, 2022, instead would require that an applicant with 10 or more employees demonstrate that it has already entered into, and abides by the terms of, a labor peace agreement, and will maintain the labor peace agreement for the duration of the license. The bill, beginning January 1, 2022, would require an applicant with less than 10 employees that has not yet entered into a labor peace agreement to provide a notarized statement as part of its application indicating that the applicant will enter into, and abide by the terms of, a labor peace agreement within 60 days of employing its 10th employee and will maintain the labor peace agreement for the duration of the license. By expanding the crime of perjury, this bill would impose a state-mandated local program. Existing law, the California Cannabis Equity Act of 2018, requires the Bureau of Cannabis Control in the Department of Consumer Affairs to administer a grant program to assist with the development of a local jurisdiction's local equity program or to assist applicants and licensees in a local jurisdiction's equity program, and authorizes the bureau to provide technical assistance to the local equity program. This bill would require the bureau to establish a stakeholder oversight committee to ensure fair and equitable distribution of grants authorized under the act and to develop model guidelines for local equity programs. Existing law, the Compassionate Use Act of 1996, an initiative measure, enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, prohibits prosecution for the possession or cultivation of marijuana of a patient or a patient's primary caregiver who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician. Existing law, the Medical Marijuana Program Act, establishes a voluntary identification card program administered by the State Department of Public Health to exempt qualified patients who hold an identification card issued pursuant to the program, and the caregivers of those persons, from certain state criminal sanctions related to the possession, cultivation, transportation, processing, or use of limited amounts of marijuana, as specified. This bill would require the department to adopt regulations to ensure the affordable and timely access to identification cards issued under the act. 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. 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. This bill would declare that its provisions further the purposes and intent of AUMA.
Existing law prohibits a person who is under the influence of alcohol, drugs, or the combined influence of alcohol or drugs from driving a vehicle. A violation of this prohibition, generally, is punishable as a misdemeanor. Existing law authorizes a court to offer misdemeanor diversion to criminal defendants which, contingent on successful completion of specified terms and conditions imposed by the court, results in the dismissal of charges prior to adjudication. This bill would place requirements on misdemeanor diversion for persons charged with driving under the influence of alcohol and drugs (DUI) , as specified. The bill would limit diversion to persons who have no prior convictions for DUI, and who have not completed diversion for DUI within the past 10 years. The bill would require, as a condition of diversion, for the defendant to install an ignition interlock device, as specified, and to participate in education and counseling programs, as specified. This bill would also require a violation for DUI that is dismissed pursuant to this diversion program to count as a prior conviction for purposes of subsequent convictions for driving under the influence, as specified. Existing law, until January 1, 2026, requires a person, upon a criminal conviction for DUI with a prior conviction for DUI or for driving under the influence and causing injury, to install and maintain an ignition interlock device (IID) for a specified period of time. Existing law also authorizes a court, upon the first criminal conviction of a person for driving under the influence, to order the person to install and maintain an IID for a specified period of time, or, if the court does not order the installation of such a device, authorizes the person to apply for a restricted license. This bill would instead require a person, upon the person's first criminal conviction for DUI, to install and maintain an IID for a specified period of time. The bill would delete those provisions authorizing a restricted license in lieu of an IID for first offenders. This bill would place specified recordkeeping requirements upon manufacturers of IIDs. The bill would also would extend the required term of IID installation by 60 days if, within the final 60 days of installation, a driver attempts to start the vehicle when a specified level of alcohol is detected.
Under existing law, there is established in each county treasury a Supplemental Law Enforcement Services Account (SLESA) to receive all amounts allocated to a county for specified purposes. In any fiscal year for which a county receives moneys to be expended for implementation, existing law requires the county auditor to allocate the moneys in the county's SLESA within 30 days of the deposit of those moneys into the fund. Existing law requires the moneys to be allocated in specified amounts, including, but not limited to, 50% to a county or city and county to implement a comprehensive multiagency juvenile justice plan, as specified. Existing law requires the juvenile justice plan to be developed by the local juvenile justice coordinating council in each county and city and county. Existing law requires the plan to be annually reviewed and updated by the council and submitted to the Board of State and Community Corrections. Existing law requires the multiagency juvenile justice plan to include certain components, including, but not limited to, a local juvenile justice action strategy that provides for a continuum of responses to juvenile crime and delinquency. Existing law also requires each council to annually report to their board of supervisors and the board information on the effectiveness of the programs and strategies funded under these provisions, and requires the board to annually report this information to the Governor and the Legislature and post it on its internet website. This bill would revise and recast required components of the multiagency juvenile justice plan to, among other things, additionally require a plan to include an assessment of existing community-based youth development services, identification and prioritization of areas of the community that face significant public safety risk from crime, documentation of the effectiveness of the programs funded under these provisions, and a description of the target population funded under these provisions. The bill would require programs and strategies funded under these provisions to, among other things, be modeled on trauma-informed and youth development approaches and in collaboration with community-based organizations. The bill would require no less than 95% of the funds allocated under these provisions to be distributed to community-based organizations and other public agencies or departments that are not law enforcement entities, as specified, and prohibits this portion of the funds from being used for law enforcement activities or personnel. The bill would require a council to include additional information in its annual report to the board of supervisors and the board relating to their programs, including data on participants, and would impose additional requirements on the board with respect to those annual reports, including, but not limited to, providing a statewide analysis of county spending. Existing law requires a juvenile justice coordinating council to consist of certain members, including, but not limited to, the chief probation officer, as chair, and a representative from the district attorney's office, the public defender's office, and the sheriff's department, among others. This bill would revise and recast those membership provisions, and instead require each Juvenile Justice Coordinating Council to, at a minimum, consist of 7 members with at least 50% community representatives with the remainder of the seats allocated to government agencies. The bill would require a council to select 2 co-chairs from amongst its members, at least 1 of which must be a community representative. The bill would require a council to meet no less than 3 times per year and announce its meetings at least 10 days in advance of a meeting.
The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA) , an initiative measure 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. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA generally divides responsibility for the state licensure and regulation of commercial cannabis activity among the Bureau of Cannabis Control in the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health. Existing law authorizes a licensing authority to issue a citation to a licensee or unlicensed person for any act or omission that violates or has violated a provision of MAUCRSA or a regulation adopted pursuant to MAUCRSA, and to assess an administrative fine not to exceed $5,000 per violation by a licensee and $30,000 per violation by an unlicensed person. This bill would decrease the amount that the above-described administrative fine is not to exceed from $5,000 to $4,000.
Beginning the later of January 1, 2020, or one year after the date on which the Secretary of State certifies a remote accessible vote by mail system, as defined, existing law requires county elections officials to allow voters with disabilities to vote using a certified remote accessible vote by mail system. This bill would authorize a voter to self-identify as having a disability for purposes of voting with a remote accessible vote by mail system. By increasing the duties of county 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, 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 governing board of a school district to give diligent care to the health and physical development of pupils and authorizes the governing board of a school district to employ properly certified persons for the work. Existing law authorizes the governing board of a school district to provide a comprehensive educational counseling program for all pupils enrolled in the school district. This bill would establish the California Student Success Coach Grant Program to award competitive grants to local- and state-operated AmeriCorps programs to support and expand the presence of student success coaches, as defined, in high-need schools, as defined. The bill would make implementation of the grant program contingent on an appropriation being made for its purposes by the Legislature in the annual Budget Act or another statute.
Existing law establishes a workers' compensation system, administered by the administrative director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law requires a physician who prepares a report addressing the issue of permanent disability due to an industrial injury to address the cause of the permanent disability in the report, including what approximate percentage of the permanent disability was caused by other factors before and after the industrial injury, if the physician is able to make an apportionment determination. This bill would prohibit consideration of race, religious creed, color, national origin, gender, marital status, sex, sexual identity, or sexual orientation to determine the approximate percentage of the permanent disability caused by other factors. The bill would also express the Legislature's intent to eliminate bias and discrimination in the workers' compensation system.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law establishes the Wildfire Safety Division within the commission. Existing law requires each electrical corporation to annually prepare and submit a wildfire mitigation plan to the division for review and approval, as specified. Existing law prevents an electrical corporation from diverting revenues authorized to implement the plan to any activities or investments outside of the plan and requires an electrical corporation to notify the commission and the Office of Energy Infrastructure Safety by advice letter of the date when the electrical corporation projects that it will have spent, or incurred obligations to spend, its entire annual revenue requirement for vegetation management in its plan, as specified. This bill would require an electrical corporation to also notify the commission and the office by advice letter a detailed summary of specified workforce development efforts completed in compliance with the Office of Federal Contract Compliance Programs, including, but not limited to, a description of and data on the extent to which the electrical corporation advertises job openings to members of California Conservation Corps and members of community conservation corps, as defined. Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because a violation of an order or decision of the commission implementing this bill's requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime. This bill would incorporate additional changes to Section 8386.3 of the Public Utilities Code proposed by AB 9 to be operative only if this bill and AB 9 are enacted and this bill is enacted last. 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 generally defines various actions and omissions as criminal offenses and makes those offenses punishable as either an infraction, misdemeanor, or felony, and provides for the imposition of various enhancements. Existing law provides the punishment for many felonies as imprisonment for one of 3 prescribed terms in the state prison or in a county jail, as specified, and provides for the imposition of an additional term of imprisonment of one of 3 prescribed terms for many enhancements. Under existing law, until January 1, 2022, when the statute specifies 3 possible terms, the choice of the appropriate term rests within the sound discretion of the court. Under previous law, when a judgment of imprisonment was to be imposed and the statute specified 3 possible terms, the court was required to impose the middle term unless there were circumstances in aggravation or mitigation of the crime. Existing case law held that, as it relates to this previous law, when the middle term was set as the statutory default, imposing an elevated upper-term sentence violated a defendant's right to trial by jury, and any fact that increases the penalty for a crime beyond that prescribed statutory default must be submitted to a jury and proved beyond a reasonable doubt. This bill would require the court to impose a term of imprisonment not exceeding the middle term unless there are circumstances in aggravation that have been stipulated to by the defendant, or have been found true beyond a reasonable doubt at trial by the jury or by the judge in a court trial. The bill would require the court, except in specified circumstances, to, upon the request of the defendant, bifurcate the trial on the circumstances in aggravation from the trial of charges and enhancements. This bill would, notwithstanding that requirement, allow the court to consider prior convictions based on a certified record of conviction without a finding by the jury. The bill would also require the court to set forth on the record the reasons for imposing the term selected. This bill would incorporate additional changes to Section 1170 of the Penal Code proposed by AB 124 and AB 1540 to be operative only if this bill and AB 124 and AB 1540 are enacted and this bill is enacted last.