Existing law authorizes the Public Utilities Commission to fix the rates and charges for public utilities, including electrical corporations and gas corporations, and requires those rates and charges to be just and reasonable. Under existing law, a regulated public utility is prohibited from using ratepayer funds for advocacy-related activities that are political or do not otherwise benefit ratepayers. Existing law prohibits each electrical corporation or gas corporation from recording to an above-the-line account, or otherwise recovering from ratepayers, direct or indirect costs of specified activities. This bill would include in those activities for which costs may not be recovered from ratepayers any activities related to opposing the municipalization of electrical or gas utility service, as specified. Existing law authorizes the commission, each commissioner, and each officer and person employed by the commission to inspect the accounts, books, papers, and documents of any public utility. Existing law establishes within the commission an independent Public Advocate's Office of the Public Utilities Commission and authorizes the office to require an entity regulated by the commission to produce or disclose any information the office deems necessary to perform its duties, as provided. This bill would additionally authorize the office to require an entity regulated by the commission to produce or disclose any information the office deems necessary to support the commission's duties. The bill would also specify that the office has the same authority to discover information and review the accounts of a public utility as the commission and would change the timing of a specified annual report by the office to the Legislature. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the above-described provisions would be part of the act and a violation of a commission action implementing the bill's requirements would be a crime, 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 no reimbursement is required by this act for a specified reason.
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The California Constitution authorizes the Legislature to exempt from taxation, in whole or in part, property that is used exclusively for religious, hospital, or charitable purposes, and is owned or held in trust by a nonprofit entity. Pursuant to that authority, existing law provides for a welfare exemption under which property used exclusively for an exempt purpose and owned and operated by specified entities, including foundations, limited liability companies, or corporations meeting certain statutory requirements is exempt from taxation. This bill would specify that for the purposes of the welfare exemption provisions above, "property used exclusively for religious, hospital, scientific, or charitable purposes" shall not include property, or any portion thereof, operated as a detention facility, as defined. The bill would declare that the above provision is declarative of, and not a change in, existing law.
Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law, known as tied-house restrictions, generally prohibits a manufacturer, winegrower, manufacturer's agent, rectifier, California winegrower's agent, distiller, bottler, importer, and wholesaler, and any officer, director, or agent of any of those persons, from giving or lending money or a thing of value to a person operating, owning, or maintaining any on-sale premises where alcoholic beverages are sold. Existing law provides certain exceptions to this prohibition if specified requirements are met. Existing law authorizes certain licensees or their representatives to conduct or participate in certain instruction or instructional events, as specified, if specified conditions are met. In this regard, specified information, pictures, illustrations, and depictions of the retailer's premises, personnel, and customers may be listed in advertisements for the event if the pictures, illustrations, or depictions are relatively inconspicuous in relation to the advertisement as a whole and video is not permitted. This bill would make changes to the provisions related to advertising for the events described in the above paragraph, including, among other things, authorizing the advertisement to include videos of the retailer's premises, personnel, and customers and contain or consist of pictures, illustrations, videos, and graphical depictions. The bill would prohibit videos of the retailer's premises, personnel, and customers from being longer than 60 seconds in duration. The bill would remove the requirement that the specified information and any pictures, illustrations, or depictions be relatively inconspicuous in relation to the advertisement as a whole. Existing law authorizes specified information of a winegrower, wine importer, or winegrower's agent licensee, the brand names of wine being featured, and the time, date, location, and other identifying information of a wine promotional lecture at retail premises to be listed in advance of the event in an advertisement of the off-sale or on-sale retail licensee. This bill would also authorize the advertisement to include pictures, illustrations, videos, and depictions of the winegrower, wine importer, or winegrower's agent licensee and would authorize the advertisement to contain or consist of pictures, illustrations, videos, or graphical depictions. Existing law authorizes a licenseholder or on-sale retail licensee to advertise an instructional tasting event to the general public, and specifies that permitted advertisements include flyers, newspaper ads, internet communications, and interior signage. This bill would instead authorize a licenseholder or on-sale retail licensee to advertise an instructional tasting event, and would remove the provision that specifies what advertisements are permitted.
The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, measured by sales price. Under the Sales and Use Tax Law, there is a presumption that a vehicle, vessel, or aircraft shipped or brought into this state within 12 months from the date of its purchase was acquired for storage, use, or other consumption in this state and is subject to the use tax if any of specified conditions are satisfied, including where the vehicle is purchased by a resident of this state, as defined. Existing law provides that, for purposes of this presumption, a closely held company or limited liability company is considered a resident of this state if 50% or more of the shares or membership interests are held by shareholders or members who are residents of this state. This bill would additionally provide that a partnership, limited partnership, or limited liability partnership is a resident of this state if 50% of the partnership, limited partnership, or limited liability partnership interests are held by partners that are residents of this state. The bill would also provide that, for purposes of the above-described presumption, a shell company, as defined, is a resident of this state if any shareholder, partner, member, or beneficial owner is a resident of this state. The bill would hold any officer, manager, partner, beneficial owner, or member of a shell company personally liable for any unpaid taxes, and any interest and penalties on those taxes, the nonpayment of which may constitute a crime, due on the purchase of a vehicle, vessel, or aircraft. By expanding the scope of crimes related to the violation of the Sales and Use Tax Law, this bill would impose a state-mandated local program. The bill would also make nonsubstantive and conforming changes to these provisions. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. 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 bill would take effect immediately as a tax levy.
For purposes of state apportionments based on average daily attendance, as provided, if the average daily attendance of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of a specified emergency, including, among others, the imminence of a major safety hazard as determined by a local law enforcement agency, existing law requires the Superintendent of Public Instruction to estimate the average daily attendance in a manner that credits to the school district, county office of education, or charter school approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred. This bill, for the above-described purposes, would additionally allow a local fire agency to make a determination of the imminence of a major safety hazard. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law contains numerous provisions authorizing state agencies to award grants or contracts to nonprofit organizations to carry out various services and programs. Existing law authorizes a state agency that administers a grant program or contract to advance funds to a private nonprofit organization to which it has awarded a grant or contract, subject to certain limitations and requirements, as specified. This bill, upon appropriation by the Legislature, would create the Office of Nonprofit Empowerment within the Government Operations Agency with the primary responsibility of overseeing and coordinating state-level policies and strategies that support California's nonprofit organizations. The bill would specify various duties and functions of the office, including providing guidance, resources, and technical assistance to nonprofit organizations on procurement and grantmaking laws, regulations, and best practices. The bill would also require the office to develop and administer training and materials, in consultation with the appropriate control agency, for state entities on advance payment and other strategies to reduce hurdles for nonprofit organizations to access state funding and implement state projects, as specified. The bill would, upon appropriation by the Legislature, place the office under the control of a director who would be appointed by the Governor, as specified, and require the director to hire staff to assist in the fulfillment of the duties and responsibilities of the office. The bill would also require the office to post on its internet website, on or before July 1, 2028, opportunities to improve how nonprofits and the state partner, as specified. The bill would establish the Nonprofit Empowerment Fund in the State Treasury and would make moneys in the fund available, upon appropriation by the Legislature, to carry out the purposes of these provisions in support of the office. The bill would authorize the office, or the agency on behalf of the office, to collect and receive any gifts, bequests, grants, or donations from private, foundation, or nonstate sources to carry out the purposes of these provisions in support of the office, as specified. The bill would repeal these provisions on January 1, 2037. The bill would define various terms for these purposes and would include related legislative findings and declarations.
Existing law makes it a crime for a law enforcement officer to wear a facial covering in the performance of their duties, except as specified. Existing law defines law enforcement officer for these purposes as anyone designated by California law as a peace officer who is employed by a city, county, or other local agency, and any officer or agent of a federal law enforcement agency, agency or law enforcement agency of another state, or any person acting on behalf of a federal law enforcement agency. This bill would add peace officers employed by a state agency to the definition of law enforcement officers, thereby making those law enforcement officers subject to those criminal penalties. The bill would specify that facial coverings does not include certain items, including, among other things, sunglasses. The bill would, for all of the items excluded from the definition of facial coverings, limit that exclusion if the items are combined or otherwise used in a manner intended to conceal or obscure an officer's identity. By expanding the scope of a crime, this bill would impose a state-mandated local program. Existing law prohibits any person who is found to have committed an assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution, while wearing a facial covering in a knowing and willful violation of these provisions, from asserting any privilege or immunity for their tortious conduct against a claim of civil liability, and makes that person liable for the greater of actual damages or statutory damages of not less than $10,000, whichever is greater. This bill would instead make a person who is found liable for false imprisonment or false arrest liable for those damages if the trier of fact finds that the person knowingly and willfully concealed their identity through the use of a facial covering at the time of the conduct giving rise to liability. Existing law requires a law enforcement agency operating in California to, by July 1, 2026, maintain and publicly post a written policy limiting the use of facial coverings, as specified. Existing law defines a law enforcement agency for these purposes as any entity of a city, county, or other local agency, that employs anyone designated by California law as a peace officer, any federal law enforcement agency, or any law enforcement agency of another state. This bill would add to the definition of law enforcement agency, a state entity that employs a peace officer and would change the date any law enforcement agency has to comply with that requirement to January 1, 2027. The bill would also require those policies to exempt certain surveillance operations related to enforcement of the Fish and Game Code, or similar federal law. 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 defines those persons who are peace officers in the state, grants certain authority to those individuals and their employing entities, and places certain requirements on those individuals and their employing entities. Under existing law, federal criminal investigators and law enforcement officers are not California peace officers but are granted specified limited arrest authority in limited circumstances including when violations of state and local laws occur in their presence, when there is an immediate danger to persons or property, when detaining a person for evaluation or treatment who, due to a mental illness, is a danger to themselves or others, and when requested by a California law enforcement agency to be involved in a joint task force or criminal investigation. Existing law additionally grants peace officer status to federal employees who comply with certain training requirements, while they are engaged in enforcing state or local law on and adjacent to property owned or possessed by the United States Government, with the written consent of local law enforcement officials, as specified. This bill would remove certain arrest authority or peace officer status for federal criminal investigators, law enforcement officers, and federal employees, including for the purposes of executing a warrant for the arrest of a person. The bill would authorize deputized tribal law enforcement officers of the federal Bureau of Indian Affairs to exercise the powers of arrest, as specified, if, among other things, they are engaged in the enforcement of federal criminal law and they are exercising arrest powers that are incidental to the performance of those federal duties. The bill would also authorize certain federal employees of, among other agencies, the National Park Service and the Bureau of Land Management, if they are enforcing specified provisions of state law on property owned by the United States government, to exercise peace officer status with the written consent of the sheriff or the chief of police from the respective jurisdiction. The bill would also prohibit a California law enforcement agency, as defined, from entering into an interagency agreement, unless, among other things, the agreement is in writing and expressly provides that the agency shall not engage in racial or identity profiling, as specified. The bill would deem any interagency agreement in existence on January 1, 2027, valid, and would authorize that agreement to remain in effect until July 1, 2027. The bill would require, by no later than July 1, 2027, that the agreement be amended to include the provisions described above, including a prohibition on engaging in certain conduct, including racial or identity profiling. By increasing the duties on local law enforcement, this bill would impose a state-mandated local program. This bill would make these provisions severable. 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. This bill would make related findings and declarations.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations, gas corporations, water corporations, and sewer system corporations. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law prohibits a utility from recording to an above-the-line account, as defined, or otherwise recovering from ratepayers specified costs. This bill would require the commission to find that an electrical corporation, gas corporation, water corporation, or sewer system corporation has engaged in prohibited cost recovery if the corporation records a cost to a regulator-approved financial account and the cost is categorically excluded from ratepayer recovery by statute, commission decision, or commission rule or has already been authorized for recovery through another ratemaking mechanism. The bill would require the commission, upon making a determination that such a corporation has recorded prohibited costs to a ratepayer-funded account in violation of commission rule, tariff, or statute, to disallow recovery of the cost from ratepayers and to impose a financial penalty for prohibited cost recovery equal to the amount of the prohibited cost recovery or 3 times that amount, except as specified. The bill would require each such corporation to submit an annual report to the commission identifying all instances in the prior year in which prohibited cost recovery was identified, the actions that were taken in response to the identification, and any actions that were taken by the corporation to prevent future occurrences. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill would be a part of the act and because a violation of a commission action implementing the bill's requirements would be a 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.
Existing law regulates the sale, manufacture, and exchange of toys in the state and prohibits the manufacture, sale, or exchange, possession with intent to sell or exchange, and exposition or offer for sale or exchange to a retailer a toy that is contaminated with a toxic substance, as provided. Violation of these provisions is punishable as a misdemeanor. Existing law requires an operator of a companion chatbot platform, as defined, to issue a clear and conspicuous notification indicating that the companion chatbot is artificially generated and not human if a reasonable person interacting with a companion chatbot would be misled to believe that the person is interacting with a human. For these purposes, existing law defines a "companion chatbot" to mean an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. Existing law also requires an operator to take certain actions with respect to a user the operator knows is a minor, including to disclose to the user that the user is interacting with artificial intelligence. Violation of these provisions is subject to civil liability. This bill would, until January 1, 2031, prohibit the manufacture, sale, exchange, possession with intent to sell or exchange, and exposition or offer for sale or exchange to a retailer a toy, as defined, that includes a companion chatbot, and would make violations of the bill subject to the same civil liability as violations of the provisions applicable to operators of companion chatbots in the above-described paragraph.