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.