Public Issues Program - California Federation of Women`s Clubs

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Bills Pertaining to the Public Issues Program
Assembly Bill 14 – Unmanned Aircraft Task Force
Summary: This bill creates a series of related laws. Existing Federal law requires the FAA to
come up with a plan for incorporating the use of privately owned drones into American
airspace. This bill would create a California Task Force that would exist for 2 years to develop
and create a policy on this in order to make recommendations to the FAA. Bill gives a break
down as to representatives from various fields that are to serve on the committee without pay.
They get a $100 per diem and reimbursement of expenses they incurred for serving on the Task
Force. The Committee is only to exist until January 1, 2018 and all of these laws expire on
January 1, 2022.
Analysis: This law creates substantive changes and will help make air space safer.
Resolutions: GFWC Resolution 015-520 Safety for Air Travel.
Committee Vote: Endorse.
Senate Bill 37 – Water Floods: Disaster Preparedness and Flood Prevention Bond Act of 2006
Summary: This bill pertains only to funding issues. It says that the State Department of Water
Resources should REIMBURSE (ie they have already paid out the money so no one is doing
anything new) entities for expenses they incurred for projects that were started under one
program (Early Implementation Project) between July 1, 2014 and December 31, 2015 that
support Urban Flood Risk Reduction.
Analysis: Folks who commit to fund the Urban Flood Risk Reduction Program are going to get
government money for their projects anyhow. This simply serves to motivate people to put
their plan into action in an earlier time frame. This will promote public safety by enabling
entities to put flood programs into action at an earlier date but it is unclear to what degree this
will have impact.
Committee Vote: Endorse.
AB 150 Melendez
Theft: Firearms
Summary: Resolves conflict in law created by Proposition 47 that makes theft worth less than
$950 a misdemeanor (petty theft) and instead maintains current law that all thefts of firearms
are grand larceny, a felony
Resolutions: CFWC 015-263 Firearm Possession
Analysis: In all likelihood the authors of Proposition 47 did not intent to reduce the
punishment of theft of firearms to misdemeanors so this would correct the conflict.
Public Issues Chairman’s Analysis: This 2-year bill. AB 150 is a bill that corrects oversight in
Prop 47 by making theft of any firearm a grand theft felony charge. Currently, Prop 47
maintains that the theft of a firearm valued at under $950 is a simple misdemeanor. AB 150 will
create felony charges for all firearm theft, regardless of the value.
Committee Vote: Endorse.
SB 420 Huff
Prostitution
Summary: Makes both Johns and prostitutes guilty of “disorderly conduct” if they offer, accept
or actually engage in a lewd act for any kind of compensation and had the intent to follow
throu0gh, even if the other person (cop) making or accepting the offer had no intent in
following through.
Resolutions: CFWC 015-417 California Human Trafficking; GFWC 014-220 Trafficking in Persons
GFWC 015-560 Sexual Exploitation of Children; GFWC 015-350 Legal Reform in Sexual Abuse
Cases Involving Children
Analysis: Seems fair to treat both Johns and Prostitutes the same.
Public Issues Chairman’s Analysis: Divides the crime of prostitution into three specific crimes
based on whether the alleged offender is agreeing to receive compensation for a lewd act, or
whether the alleged offender is agreeing to provide compensation for a lewd act. Specifically,
this bill: defines and divides the crime of prostitution into three separate forms: 1) The
defendant agreed to receive compensation, received compensation, or solicited compensation
in exchange for a lewd act; 2) The defendant provided compensation, agreed to provide
compensation, or solicited an adult to accept compensation in exchange for a lewd act; and 3)
The defendant provided compensation, or agreed to provide compensation, to a minor in
exchange for a lewd act, regardless of which party made the initial solicitation.
Committee Vote: Endorse.
AB 1461 Gonzalez Voter Registration
Summary: Fixes glitch in California law to bring us into compliance with existing Federal law
that makes every DMV license or I.D. card renewal constitute voter registration. Because many
California license and id holders may not be citizens (much less legal residents) or could be
felons, this bill instead requires the DMV to forward the information of the licenses and ids they
issue to the Secretary of State if they indicate they are a citizen who will maintain the database
of registered voters and notify them that they will be registered to vote unless they decline to
be registered within 21 days.
Resolutions: GFWC 015-690 Voter Registration and Voting
Analysis: This seems like a very sloppy law since there is no indication that anyone is really
checking to see if anyone is a citizen or a felon and rather simply assumes everyone is qualified
to vote unless they indicate they decline to register. California needs to be brought into
compliance with Federal law but I am inclined to believe this bill us using a cannon blast rather
than a bb gun to reach the target and this will cause more harm than good.
Public Issues Chairman’s Analysis: This bill establishes the California New Motor Voter
Program. AB 1461 would register every eligible Californian to vote when they register or renew
their license with the DMV. Although it gives Californians the ability to opt-out, it would add
approximately 6.6 million eligible voters, many of which would not choose a political party
affiliation. This bill was double-referred. Past bills have raised concerns because the driver’s
license application includes information not related to voter registration. For example, the
application includes a question relating to whether the individual has experienced any medical
conditions in the past five years that could affect his or her ability to safely operate a motor
vehicle. This bill appears to address those concerns by requiring the records transmitted from
DMV to the SOS to include only name, address, age, electronic signature, “and other voterregistration-related information collected electronically” by DMV. It is unclear, however, what
the “other” information includes.
Committee Vote: Oppose
AB 896 Wagner
Counties: Search Or Rescue: Costs
Summary: Provides that cities and counties can charge individuals for their search and rescue
costs of the search and rescue were necessitated by the individual’s violation of the law or
wanton recklessness up to $12,000. Prohibits collection from individuals who cannot afford it.
Resolutions: GFWC 015-140 Disaster Service Planning
Analysis: Seems standards for charging someone are narrow enough that this makes good
sense.
Public Issues Chairman’s Analysis: This bill requires a person 16 years of age or older living
within a county or city and county, who is searched for or rescued, to pay the county or city and
county conducting the search or rescue for the actual cost incurred within 30 days, of the need
for the search and rescue necessitated the use of extraordinary methods and was caused by
either, or both of the following: Any intentional act in knowing violation of any federal or state
law or local ordinance; Any act or omission by the person searched for or 3 of 8 rescued that
shows wanton and reckless misconduct in disregard for his or her safety. The bill prohibits the
county or city and county from collecting charges from those persons who the county or city
and county determine are unable to pay. AB 896 prohibits a county or city and county from
billing a resident more than $12,000, adjusted annually for inflation as determined by the
Department of Industrial Relations, for a search or rescue, unless the search or rescue is the
result of a criminal violation punishable as a felony. The bill further provides that a county or a
city and county may only seek reimbursement as authorized by the bill if the board of
supervisors adopts an ordinance consistent with this bill.
Committee Vote: Endorse.,
SB 167 Gaines
Forest Fires: Interference: Unmanned Aircraft (Drones)
Summary: Existing law makes it a misdemeanor to disobey a firefighter extinguishing flames or
a public officer or interfere with efforts to put out a fire punishable by a fine of $1,000 and 6
months in jail. This bill expands that law by also making these acts a crime if done using a
drone and ups the fine between $200- $2,000 and if done intentionally punishable by a fine of
up to $5,000 and 6 months in jail.
Resolutions: GFWC 015-220 Fire Prevention and Protection from Fire Injury
Analysis: Increased fine seems reasonable since interfering in traditional methods would
probably put the perpetrator at risk and interfering done via drone is done with the perpetrator
at a safe distance.
Public Issues Chairman’s Recommendation: To address the interference of unmanned aircraft
with efforts to fight forest fires during the current fire season, it is necessary that this act take
effect immediately. (Urgency Legislation)
Committee Vote: Endorse.
SB 255 Liu
State Government: Commission On The Status Of Women
And Girls
Summary: Specifies a replacement member of the Commission since one specified Department
has since been abolished. Also allows Commission to engage in fundraising including charging
tickets for events where the sole purpose is to raise funds for the State Treasury’s Woman’s and
Girls fund and no other business will be conducted.
Resolutions: GFWC 015-710 Women in Public Policy-Making Positions
Analysis: Legal housekeeping and by allowing the Commission to engage in such fundraising
would make more money available to improve the lives of women and girls in our State.
Public Issues Chairman’s Analysis 1) Authorizes the Commission to conduct fundraising
activities that may require a payment or purchase to attend. 2) Exempts any Commission
meetings conducted solely for fundraising purposes and where no other business within the
purview of the Commission is discussed, deliberated, or taken action upon, from the Bagley
Keene Act. 3) Specifies that the Labor Commissioner is a member of the Commission, instead of
the Chief of the Division of Industrial Welfare, which is an obsolete position. Committee Vote:
Endorse
AB 289 Melendez
Legislature: Legislative Employee Whistleblower Protection Act
Summary: Prohibits interference with the right of legislative employees to make protected
disclosures of ethics violations and would prohibits retaliation. Establishes s procedure for
legislative employees to report violations. Imposes civil and criminal liability on anyone who
interferes with a legislative employee’s right to make a protected disclosure or who engages in
retaliatory acts
Resolutions: GFWC 013-070 Civil Rights in the Workplace
Analysis: Seems necessary if we want to keep our political process free from corruption.
Public Issues Chairman’s Analysis: Would give legislative employees the same whistleblower
protections as other government employees. Currently, they are not protected by
whistleblower laws and therefore have little incentive to report anything unethical.
Committee Vote: Endorse.
AB 312 Jones
Advertising
Summary: Current law makes it illegal to sell items as “Made in the USA” if it or any part of it
was substantially made outside the USA. This bill restricts it further by requiring “all or virtually
all” of it and its parts to be made inside the US.
Resolutions: GFWC 013-090 Consumer Product Information
Analysis: The narrower wording will avoid items being sold deceptively as Made in the USA
when major production tasks are being done outside the USA. Increases jobs for American
workers.
Public Issues Chairman’s Analysis: Aligns California with the federal domestic content standard
for use of the terms "Made in U.S.A.," "Made in America," "U.S.A." or similar words on
merchandise, by requiring merchandise to have been 'all or virtually all' made in the United
States (U.S.). Specifically, this bill: 1) Requires all or virtually all of any merchandise with the
words “Made in U.S.A.,” “Made in America,” "U.S.A.,” or similar words to have been made in
the U.S., and deletes an existing prohibition on such labels on merchandise, or any article, unit
or part thereof, that has been entirely or substantially made, manufactured or produced
outside the U.S. According to Small Business America, "AB 312 would provide an opportunity
for small businesses in California to successfully compete with other states and nations for jobs
and investments without removing consumer protections. Small businesses are concerned that
without a 'virtually all' standard, there is no incentive to make the majority of the product in the
USA if held to an 'each and every part' standard."
Committee Vote: Endorse.
AB 557 Irwin
Nonprofit Corporations: Abatement: Dissolution: Surrender
Summary: Gives State the right to dissolve corporations and take their assets if they fail to pay
their taxes and file their Statement of Information forms. Puts nonprofit corporations into the
same boat essentially as regular corporations by allowing money left over from paying off
creditors to go to government.
Resolutions: GFWC 015-040 Advocacy Rights of Charitable Organizations
Analysis: This is a critical piece of legislation to the Woman’s Club in that many clubs forget to
file their Statement of Information as untrained officers go in and all that has happened in the
past is that they have been dropped form the IRS umbrella. This bill would allow clubs that
have forgotten to file this Statement of Information for 4 years to cease existing with all assets
such as their clubhouse going to the State treasury rather than to Federation or other
charitable purpose. Failure to file this Statement of Information will literally kill the club even if
the club is a viable working concern. At one time my Club found that they had not filed returns
for about 8 years and thankfully we only had to pay a penalty which we were able to get
reduced. Under this bill, we would no longer exist and our clubhouse would have been seized.
While I think that the State will used seized assets to help the State Treasury and hence this bill
is likely to pass, I am concerned that volunteer organizations where those serving may lack the
kind of training professionals might have and notices going to former officers who may have
died or are no longer members would spell disaster for organizations such as ours.
Public Issues Chairman’s Analysis: According to the author, “There is a significant problem
with non-profit corporations filing incorporation papers with the Secretary of State (SOS) and
then failing to launch or continue operations and remain up to date and filing and tax
requirements. These inactive non-profits never go through the formal dissolution process and
become a hindrance to the state. The SOS, Franchise Tax Board (FTB), and Attorney General are
responsible for regulating nonprofit corporations and spend a significant amount of resources
and time attempting to register, tax, and audit nonprofits that no longer exist. The SOS and FTB
estimate that there are close to 60,000 nonprofits currently in their systems that would be
eligible for the administrative dissolution process established under AB 557. AB 557 creates a
streamlined administrative dissolution process for nonprofits that have been suspended for at
least 48 continuous months after proper notice has been served. This new process will allow
FTB and SOS to dissolved non-profits that have been sitting inactive on the "books". FTB states
that the measure has no revenue impact.
Committee Vote: Oppose,
ACA 1 Olsen
Legislative Procedure
Summary: Changes laws on legislative procedure to allow either body of the Assembly or
Senate or Committees to skip the 31 day waiting period until after a bill has been printed
before acting on it in order to allow actions to be taken when the bill has been available either
in print or on the internet for at least 15 days and available to the public for at least 72 hours
before the vote (doesn’t apply to urgency bills).
Resolutions:
Analysis: I am unsure if 2 weeks will make that big a difference in the outcome of things
sufficient to justify tinkering with the State Constitution. This is a procedural issue rather than a
substantive one.
Public Issues Chairman’s Analysis: Existing law prohibits any bill (other than the budget bill)
from being heard or acted on by a committee or off the floor in either house until the 31st day
after being introduced unless the house dispenses with this requirement by a roll call vote with
three-fourths of the members concurring. Author’s Comments: The stated goal of this measure
is to enhance transparency by requiring all final legislation to be in print for 72 hours prior to
floor action in either house of the Legislature. "…the citizens of California deserve a transparent
government and legislative body. They should be given the opportunity to review all bills for at
least 72 hours before they are voted on. And legislators should be given adequate time to
analyze a bill before a vote in order to make a sound decision." Most bills considered by the
Legislature are, under current law, in print for at least 72 hours prior a vote. This measure
would impose a strict no-exceptions policy that would require all bills to be in print for this time
period, except during a declared disaster. This more rigid policy, if adopted, would 7 of 8 meet
part of the author's stated goal, while it may severely limit the flexibility of the Legislature to
craft difficult compromises, take amendments to respond to citizens, or make technical fixes
such as adopting chaptering amendments or striking an urgency clause from a bill. Bills
considered by the Legislature that are in print in final form for less than 72 hours are
conventionally driven by three scenarios: the bill is part of a hard fought, complicated
compromise; the bill is part of the budget package or; the bill has technical problems and needs
to be amended prior to final floor action. This bill imposes a requirement in the State
Constitution to require bills to be in print for 72 hours prior to adoption by either house.
Specifically, this bill: 1) Prohibits either house from passing a bill unless it has been made
available in print and on the internet for 72 hours prior to the vote. 2) Provides an exception for
urgency bills related to a declared emergency, as specified in the Constitution. 3) Allows bills to
be heard by committees after the contents of the bill have been available on the internet for 15
days.
Committee Vote: Endorse.
AB 169 Maienschein Local Government: Public Records: Internet
Summary: This bill would require any State agency required to keep public records available to
the public except school districts and which maintain a web presence and offer even voluntarily
“open data” bases that allow for the display of public record documents to make them
available: by indexing, downloadable, and independent of platform so that they can be freely
redistributed and shared.
Resolutions:
Analysis: This bill is a Godsend. Generally all of the public records are kept because they are
important but accessing them is difficult and time consuming. This brings bureaucracy into the
21st Century and will make searching and finding public information far easier.
Public Issues Chairman’s Analysis: This bill establishes open format requirements for posting a
public record if a local agency, except a school district, maintains an “open data” Internet
Resource, including, but not limited to, an Internet Web site, Internet Web page, or Internet
Web portal, and voluntarily posts the public record. This bill seeks to further the purpose of
those orders by requiring local agencies, other than school districts, to post public records in an
open format. The concept of “Open Data” describes data that are freely available, machinereadable, and formatted according to national technical standards to facilitate visibility and reuse of published data.
Committee Vote: Endorse.
SB 635 Nielsen
Erroneous Conviction And Imprisonment: Compensation
Summary: When Governor pardon’s an inmate serving time for a felony conviction, if the
pardoned individual did not commit the crime for which he or she was convicted or in fact the
crime was never committed at all, the individual currently can apply to receive $100 per day tax
free monetary compensation for each day they were locked up following their conviction. This
would raise the rate to $140 and not restrict the compensation to pecuniary damages. (Under
the present law the pecuniary damages compensation means the individual would only get
reimbursement for the income they lost on those days so if they did not work or earned less
than $100 a day they would only get the lesser amount of money they would have earned
rather than the full $100. By expanding this law to include non-pecuniary damages they would
simply get the full $140 for the injustice of being convicted and locked up for a crime they did
not commit.)
Status: Assembly Appropriations Committee
Resolutions: This does not fall within a CFWC Resolution and does not directly further a CFWC
Resolution but I think it falls within the penumbra of CFWC 015-209 AMERICAN CITIZEN'S
PROTECTION LAWS; CFWC 015-392 VICTIM SERVICES FUND; and GFWC 014-060 Human Rights
Analysis: $140 per day is very little money to most individuals and none would be likely to
trade it for their freedom. While this will not end the problem of individuals being convicted of
crimes they did not commit due to what is going on with the plea bargaining and sentence
leveraging boondoggle, for those whom the Governor pardons this at least is a token
representation that a wrong was done. However, this presents financial incentive for the
Governor not to issue pardons to innocent individuals. While pardons may be rarely given, I
hope he or she would make the moral decision rather than the political one.
Public Issues Chairman’s Recommendation: Increases the compensation for innocent persons
who were wrongly convicted from $100 per day of wrongful incarceration to $140 per day, and
requires that time spent in custody in a county jail as part of the term of incarceration be
included in the calculation of compensation for the wrongful imprisonment.
Committee Vote: Endorse.
FEDERAL LEGISLATION
S 210 Military Spouse Job Continuity Act of 2015
Summary: Amends the Internal Revenue Code to allow the spouse of a member of the Armed
Forces (military spouse) who moves with such member to another state under a permanent
change of station order a tax credit for up to $500 of qualified relicensing costs incurred by such
spouse. Defines “qualified relicensing costs” as costs for a state license or certification to
engage in the profession that such military spouse engaged in while residing in the former state
Committee Vote: Endorse.
S 241 Military Family Relief Act of 2015
Summary: Authorizes the Secretary of Veterans Affairs (VA) to pay temporary (not to exceed
six months) dependency and indemnity compensation (DIC) to the surviving spouse of a veteran
if, at the time of death, the veteran was in receipt of or entitled to receive compensation for a
service-connected disability rated as total for at least one year preceding the veteran's death.
Authorizes the payment to such survivor, for the same period, of any veteran's pension that the
deceased was receiving at the time of death, without regard to the annual income and net
worth of the surviving spouse.
Allows a surviving spouse who is entitled to a pension or DIC under any other VA provision to
be paid the amount by which such pension or DIC exceeds the amount of pension paid under
this Act.
Committee Vote: Endorse.
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