In our prior posting regarding the California Public Records Act (CPRA), we noted that as a budget trailer bill to this year's state budget bill, Assembly Bill 76 would make compliance with certain provisions of the CPRA optional for public agencies. The latest reports this afternoon state that the state legislature is changing its action because of popular criticism opposing this weakening of the CPRA. The Legislature will promote Senate Bill 71, which is also a budget trailer bill but does not contain the CPRA changes promoted in Assembly Bill 76. It is now up to Gov. Jerry Brown to decide if he will sign Assembly Bill 76 or Senate ... Read More >
Jun 18
California may lower threshold for voter approval of local taxes
There are six bills before the California Legislature that seek to change the way local governments levy taxes. Currently, the California Constitution states that taxes levied by local governments are either general taxes, subject to majority approval of its voters, or special taxes, subject to 2/3 vote (Article XIII C). Proposition 13 of 1978 required a 2/3 vote of each house of the Legislature for state tax increases, and 2/3 vote of local voters for local special taxes. Proposition 62 of 1986 prohibited local agencies from imposing general taxes without majority approval of local voters, and a 2/3 vote for special taxes. Proposition ... Read More >
Jun 5
Tracing your statute’s language — Yes, you can!
A statute’s language may have a fairly complicated history and the annotations accompanying the major code books published may not provide you with the specific changes that were legislated for each of the bills identified in the annotations for the statute. At this point, it becomes necessary to “trace” your language to find out which one legislative measure brought in your language of interest within the statute in question. The Statutes at Large for California go back to 1850 and you should be able to find these chapter books at your local law library. When the governor signs any bill into law, the secretary of state will assign a ... Read More >
May 31
California Gun Bills 2013
California legislators representing the northern, southern and central geographic areas of the state introduced and had passed in the Senate seven senate bills intended to toughen gun laws in this state. These gun bills are: Senate Bill 47 (Leland Yee of San Francisco) to update California’s regulation of assault weapons as follows: Amends the definition of assault weapon to refer to a firearm that has one of several specified military-style features and does not have a "fixed magazine" rather than a firearm that has one of those features and "has the capacity to accept a detachable magazine" Defines "fixed magazine" as "an ... Read More >
May 20
CA Senate Bill 439 regulating medical marijuana shops passes Senate
Today, California Senate Bill 439, which would regulate medical marijuana shops, passed the Senate Committee and is heading to the Assembly. This bill provides that a cooperative, collective or other business entity that operates within the Attorney General’s “Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use” will not be subject to prosecution for marijuana possession or commerce. Senate Bill 439 was introduced by Senator Darrell Steinberg, Senate President pro Tem, with the support the ACLU, California Attorneys for Criminal Justice and the Mayors of Sacramento and San Diego, among others, seeking to ... Read More >
May 10
False 911 Reports, “Swatting” Ban in CA SB 333
California Senate Bill 333 was introduced by Senator Ted Lieu of Torrance, CA to address the near-epidemic proportions of “swatting” recently in the Southern California area. “Swatting” occurs when false reports of threats or invaders in the homes of numerous residents are made. The locations for the latest hoax of 911 calls come from Los Angeles and Beverly Hills and include victims such as Simon Cowell, Charlie Sheen, and Justin Bieber, among others. Sponsored by the Los Angeles County Sheriff’s Department, Senate Bill 333 provides that any individual convicted of filing a false emergency report, i.e., “swatting,” is liable to a public ... Read More >
May 8
California Senate Bill 501 of 2013 – Social Networking Privacy Bill
California Senate Bill 501, a social networking privacy bill, was introduced by Senator Ellen Corbett, California Senate Majority Leader, to add § § 60 to 65 to the Civil Code and enact the “Social Networking Privacy Act." As last amended on April 30th, Senate Bill 501 would require a social networking Internet Web site, as defined, to remove the personal identifying information, as defined, of any registered user, as defined, within 96 hours after his/her request and also require the removal of that information in that same manner regarding a user under 18 years of age upon request by the user's parent or legal guardian. The bill would ... Read More >
May 3
California Senate Bill 127 of 2013 (Gaines) – Firearms; mentally disordered persons
California Senate Bill 127 would require licensed psychotherapists to make a report to local law enforcement electronically, within 24 hours, in a manner prescribed by the Department of Justice, about a person who has communicated to the licensed psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims. ... Read More >
May 3
California Senate Bill 51 of 2013 (Wright) – Internet Gambling
California Senate Bill 51 proposes to enact Business and Professions Code sections 19990.01 through 19990.96, comprising “The Internet Gambling Consumer Protection and Public-Private Partnership Act of 2013.” ... Read More >