Existing law requires specified businesses and other establishments to post a notice, as developed by the Department of Justice, that contains information relating to slavery and human trafficking, including information regarding specified nonprofit organizations that a person can call for services or support in the elimination of slavery and human trafficking. The California Fair Employment and Housing Act (FEHA) makes specified employment practices unlawful, including the harassment of an employee directly by the employer or indirectly by agents of the employer with the employer's knowledge. FEHA requires employers with 50 or more employees to provide at least 2 hours of prescribed training and education regarding sexual harassment to all supervisory employees within 6 months of their assumption of a supervisory position and once every 2 years, as specified. This bill would amend FEHA to require specified employers to provide at least 20 minutes of prescribed training and education regarding human trafficking awareness to employees who are likely to interact or come into contact with victims of human trafficking, as defined. The bill would establish a schedule for compliance commencing January 1, 2020. The bill would authorize the Department of Fair Employment and Housing, in the case of an employer violation of the bill's requirements, to seek an order requiring compliance.
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Existing law requires specified sex offenders to register with local law enforcement within five working days of coming into, or changing his or her residence within, a city, county, or city and county. If the person's new address is in a Department of Corrections and Rehabilitation facility or state mental institution, existing law requires an official of the institution to forward the registrant's change of address information to the Department of Justice within 90 days. This bill would instead require the change of address to be forwarded within 15 working days of both receipt and release of the person. The bill would also require an official with a county or local custodial facility that receives or releases a sex offender registrant to forward his or her change of address information to the Department of Justice. By imposing duties on local officials, 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 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. Existing law requires an applicant for any type of MAUCRSA license to provide a statement, signed by the applicant under penalty of perjury, that the information provided is complete, true, and accurate. Existing law requires the issuance of MAUCRSA licenses to be valid for 12 months from the date of issuance and authorizes the license to be renewed annually. MAUCRSA prohibits a licensing authority from approving an application for a state license if approval of the state license will violate the provisions of certain local ordinances or regulations. MAUCRSA, until January 1, 2019, authorizes a state licensing authority to issue a temporary license if the applicant submits, among other things, a copy of a specified authorization issued by a local jurisdiction. MAUCRSA requires the temporary license to be valid for a period of 120 days and authorizes the temporary license to be extended for additional 90-day period at the discretion of the licensing authority. MAUCRSA establishes the Cannabis Control Appeals Panel and authorizes any person aggrieved by specified decisions of a licensing authority related to disciplining any license to appeal the licensing authority's written decision to the panel. MAUCRSA prohibits the refusal by the licensing authority to issue or extend a temporary license from entitling the applicant or licensee to a hearing or an appeal of the decision. This bill, until January 1, 2020, would authorize a licensing authority to issue a provisional license if specified conditions are met. By requiring additional applications to be signed under penalty of perjury, the bill would expand the scope of the crime of perjury, and would thereby impose a state-mandated local program. The bill would require the provisional annual license to be valid for 12 months and would prohibit the license from being renewed. The bill would require the provisions of MAUCRSA to apply to a provisional license in the same manner as to an annual license, except as specified. The bill would exempt the issuance of a provisional license from the California Environmental Quality Act. The bill would prohibit the refusal by the licensing authority to issue a provisional license or revocation or suspension by the licensing authority of a provisional license from entitling the applicant or licensee to a hearing or an appeal of the decision. 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. The Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure, authorizes the Legislature to amend the act to further the purposes and intent of the act with a 23 vote of the membership of both houses of the Legislature. This bill would declare that its provisions further specified purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law creates the High-Speed Rail Authority with specified powers and duties relative to the development and implementation of a high-speed train system, including the acquisition of rights-of-way through purchase and eminent domain. Existing law, pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, approved by the voters at the November 4, 2008, general election, provides for the issuance of $9.95 billion in bonds for high-speed rail train capital projects and other associated purposes. The California Constitution permits the taking of private property for public use only when just compensation is paid. The Eminent Domain Law prescribes the procedures for the exercise of that constitutionally authorized power. Under that law, a public entity may not commence an eminent domain proceeding until its governing body has adopted a resolution of necessity that meets specified requirements. Existing law defines "governing body" for these purposes with respect to various state and local public entities. This bill would specify that the State Public Works Board is the "governing body" for these purposes for a taking by the High-Speed Rail Authority. (2) Existing law generally requires the approval of the Director of Finance before the state may accept a gift or dedication of personal or real property and the approval of the Director of General Services before a state agency may acquire, hire, dispose, or let real property in fee or in a lesser interest. Existing law specifies that those provisions do not apply in certain circumstances, including the acquisition or hiring of real property by the Department of Transportation. This bill would enact similar exceptions relative to property obtained for high-speed rail purposes by the High-Speed Rail Authority. The bill would make various additional conforming changes. (3) Existing law, except as specified, prohibits the expenditure of funds for capital outlay by any state agency until the Department of Finance and the State Public Works Board have approved preliminary plans for the project to be funded from a capital outlay appropriation. Existing law authorizes the State Public Works Board to augment a major project of up to 20% of the total capital outlay appropriations for the project, as provided, but also authorizes the Department of Finance to change the administratively or legislatively approved scope for major capital outlay projects. Under existing law, these provisions do not limit or control the Department of Transportation or the California Exposition and State Fair in the expenditure of all funds appropriated to those entities for capital outlay purposes. This bill would additionally state that these provisions do not limit or control the High-Speed Rail Authority in the expenditure of all funds appropriated to the authority for capital outlay purposes. (4) Existing law requires that any acquisition of land or other real property authorized in any appropriation be subject to the Property Acquisition Law, except for an appropriation from the California Water Fund or an appropriation to the Department of Transportation for capital outlay purposes. This bill would additionally exempt from this requirement an appropriation to the High-Speed Rail Authority for capital outlay purposes. (5) The Property Acquisition Law requires that all land and other real property to be acquired by or for any state agency, with specified exceptions, be acquired by the State Public Works Board in accordance with that law, except for land and other real property to be acquired by or for specified agencies. That law specifies that, with certain exceptions, the State Public Works Board is the only state agency that may exercise the power of eminent domain to acquire property needed by any state agency for any state purpose or function. This bill would exempt land and other real property acquired by or for, and the exercise of the power of eminent domain by, the High-Speed Rail Authority from these provisions. (6) Under the State Contract Act, projects that are not under the jurisdiction of specified departments are under the charge and control of the Department of General Services. This bill would add the High-Speed Rail Authority as an agency whose projects are not under the charge and control of the Department of General Services. (7) Existing property tax law requires a county assessor to disclose information, furnish abstracts, or permit access to all records in his or her office to specified state and local public entities. Whenever the assessor discloses information, furnishes abstracts, or permits access to records in his or her office to staff appraisers of specified state agencies, existing property tax law requires those agencies to reimburse the assessor for any cost incurred. This bill would additionally require the county assessor to disclose information, furnish abstracts, or permit access to records in his or her office to the High-Speed Rail Authority and require the authority to reimburse the assessor for costs. By adding to the duties of county assessors, this bill would impose a state-mandated local program. (8) This bill would require the High-Speed Rail Authority to submit a report to specified committees of the Legislature on or before January 1, 2020, detailing how the provisions of this bill have affected the authority's property acquisition process. (9) This bill would incorporate additional changes to Section 408 of the Revenue and Taxation Code proposed by AB 2425 to be operative only if this bill and AB 2425 are enacted and this bill is enacted last. (10) 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, the Horse Racing Law, requires each licensed racing association to designate a certain number of racing days to be conducted as charity days for the purpose of distributing the net proceeds to beneficiaries through a distributing agent that provides, among other things, at least 30% of the distribution from charity day racing go to charities associated with the horse racing industry. That law also requires that a separate 20% of the distribution be made to a nonprofit corporation or trust, of which the directors or trustees serve without compensation except for reimbursement for reasonable expenses, and for which the nonprofit corporation or trust has as its sole purpose the accumulation of endowment funds, the income of which is distributed to qualified disabled jockeys. That law requires that when the nonprofit corporation or trust has received distributions in an amount equal to $2,000,000, the distribution to the nonprofit corporation or trust ceases. This bill would remove the requirement that when the nonprofit corporation or trust has received distributions in an amount equal to $2,000,000, the distribution to the nonprofit corporation or trust ceases.
The Wildlife Conservation Law of 1947 establishes the Wildlife Conservation Board and requires the board to determine the areas in the state that are most essential and suitable for certain wildlife-related purposes. Under that law, the Wildlife Conservation Board may authorize the Department of Fish and Wildlife or the State Public Works Board to acquire real property, rights in real property, water, or water rights for the benefit of wildlife. The Rangeland, Grazing Land, and Grassland Protection Act requires the Wildlife Conservation Board to carry out the California Rangeland, Grazing Land, and Grassland Protection Program to protect California's rangeland, grazing land, and grasslands through the use of conservation easements. Existing law authorizes the Department of Fish and Wildlife to take feasible actions to conserve monarch butterflies and the unique habitats they depend upon for successful migration and authorizes the department to partner with federal agencies, nonprofit organizations, academic programs, private landowners, and other entities that undertake actions to conserve monarch butterflies and aid their successful migration. This bill would establish the Monarch Butterfly and Pollinator Rescue Program, to be administered by the Wildlife Conservation Board, for the purpose of recovering and sustaining populations of monarch butterflies and other pollinators. To achieve these purposes, the bill would authorize the board to provide grants and technical assistance, as prescribed. The bill would require the board to develop and adopt project selection and evaluation guidelines, in coordination with the Department of Food and Agriculture, before disbursing these grants. The bill would establish the Monarch Butterfly and Pollinator Rescue Fund Account in the State Treasury, and would authorize expenditure of moneys in the account, upon appropriation by the Legislature, for purposes of the program.
Existing law, the Uniform Anatomical Gift Act, authorizes the creation of a not-for-profit entity to be designated as the California Organ and Tissue Donor Registrar and requires that entity to establish and maintain the Donate Life California Organ and Tissue Donor Registry for persons who have identified themselves as organ and tissue donors upon their death. Existing law requires the Department of Motor Vehicles, upon issuance of a new driver's license or a renewal of a driver's license or the issuance of an identification card, to provide information on organ and tissue donation. Existing law requires an application for an original or renewal driver's license or identification card to contain a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry and requires the application to include specified check boxes for an applicant to indicate whether or not to add the applicant's name to the registry. Existing law requires the back of the application to include a specified disclosure statement informing the applicant that by marking 'Yes' in the check boxes the applicant is legally authorizing the recovery of organs and tissues in the event of his or her death. This bill would make minor changes to the check boxes and would additionally require the back of the application, upon the department's next scheduled revision, to contain a statement informing the applicant that by marking 'I do not wish to register to be an organ or tissue donor at this time' the applicant is relying on direction in the applicant's durable power of attorney for health care, or if none exists, the decision of the applicant's family member or agent, as defined. This bill would incorporate additional changes to Section 12811 of the Vehicle Code proposed by AB 1873 to be operative only if this bill and AB 1873 are enacted and this bill is enacted last.
Existing state and federal law sets specified limits on the total gross weight imposed on the highway by a vehicle with any group of 2 or more consecutive axles. Existing federal law authorizes a vehicle operated by an engine fueled primarily by natural gas to exceed these weight limits by an amount equal to the difference between the weight of the vehicle attributable to the natural gas tank and fueling system carried by that vehicle and the weight of a comparable diesel tank and fueling system. Under existing federal law, the maximum gross vehicle weight of that vehicle may not exceed 82,000 pounds. This bill would, to the extent expressly authorized by federal law, authorize a near-zero-emission vehicle or a zero-emission vehicle, as defined, to exceed the weight limits on the power unit by up to 2,000 pounds. Existing law prohibits a weighmaster from certifying the gross weight of a vehicle if the scale is located at the site where the vehicle is loaded, the vehicle is weighed before entering a highway, and the vehicle's gross weight exceeds 80,000 pounds, except if a special permit is issued. This bill would increase the weight limit to 82,000 pounds for a near-zero-emission or zero-emission vehicle.
Under the Pharmacy Law, the California State Board of Pharmacy licenses and regulates the practice of pharmacy and the conduct of a pharmacy in this state. The Pharmacy Law refers to various types of pharmacies, including community pharmacies, as specified. A knowing violation of that law is a crime. This bill would prohibit a community pharmacy from requiring a pharmacist to engage in the practice of pharmacy at any time the pharmacy is open to the public, unless either another employee of the pharmacy or, if the pharmacy is located within another establishment, an employee of the establishment within which the pharmacy is located is made available to assist the pharmacist at all times. The bill would exempt certain pharmacies from its provisions, and would specify that violation of its provisions does not constitute a crime.
Existing law provides for the licensure and regulation of the practice of accountancy by the California Board of Accountancy within the Department of Consumer Affairs. (1) Existing law, until January 1, 2019, authorizes an individual whose principal place of business is not in this state and who has a valid and current license, certificate, or permit to practice public accountancy from another state to engage in the practice of public accountancy in this state under a practice privilege without obtaining a certificate or license, if certain conditions are met. Related provisions of existing law, until January 1, 2019, specifically address the denial, revocation, or administrative suspension of practice privileges and the authority of an individual with a practice privilege to sign attest reports. Existing law, until January 1, 2019, requires the board to add specified content on out-of-state licensees to its Internet Web site. Existing law suspends, until January 1, 2019, certain provisions relating to the enforcement of practice privileges and notification of intent to practice under such a privilege. Existing law also suspends until January 1, 2019, a condition that makes the operation of practice privilege provisions contingent on a specified appropriation in the annual Budget Act to fund them. Existing law prohibits a person from engaging in the practice of accountancy as a partnership unless the partnership is registered with the board and meets specified requirements. Existing law, until January 1, 2019, authorizes a partnership registered to provide certain services through an individual who qualifies for the practice privilege to meet those requirements. This bill would delete the repeal provisions, thereby extending indefinitely the operation of the above-specified provisions relating to practice privileges indefinitely. (2) Existing law, until January 1, 2019, authorizes the board to make a determination based on specified factors about whether allowing individuals from a particular state to practice pursuant to a practice privilege violates the board's duty to protect the public and requires the board, if it makes such a determination, to submit a notification form and pay specified fees. Existing law provides that, if a state has in place and is operating pursuant to best practice guidelines adopted by the National Association of State Boards of Accountancy, no practice privilege form is required, subject to specified requirements. This bill would delete the repeal provisions, thereby extending the operation of those provisions indefinitely. The bill would additionally require the board to consider the fact that a state has in place and is operating pursuant to enforcement practices substantially equivalent to the best practice guidelines adopted by the National Association of State Boards of Accountancy when making that determination and would provide a process for redeterminations based on these factors. The bill, among other things, would also delete obsolete provisions relating to reporting and adopting emergency regulations. (3) By increasing administrative fees deposited into the Accountancy Fund, a continuously appropriated fund, the bill would make an appropriation. (4) By expanding the scope of an existing crime, 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 no reimbursement is required by this act for a specified reason.