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Legislative Intent Service, Inc. News & Notes

Some bill research does not include the Governor's file because at the time we researched the bill, the sitting Governor had not released his chaptered bill file. If the Governor's file is not included with this particular research, please contact our office (1-530-666-1917 or quote@legintent.com) and we will be happy to provide this file at no charge if it is available. Please Note: Governor files did not exist prior to 1943.

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 LIS NEWS AND NOTES

 

California 2014 Bills:  Last Friday, February 21st, was the deadline for introducing 2014 bills in the California Legislature.  Over 1,900 bills have been introduced this year and here are some of proposed new laws: 

  • SB 1132 (Mitchell & Leno) – to amend Public Resources Code § 31670, and to add § § 3160.1 and 3160.2 to the PRC.  This bill would require a Natural Resources Agency’s scientific study (deadline:  01/01/2015) on well stimulation treatments, acid well stimulation and hydraulic fracturing treatments, to consider additional elements, including, among other things, evaluating various potential direct, indirect, and cumulative health and environmental effects of onshore and offshore well stimulation and well stimulation treatment-related activities, as specified. Would also prohibit all well stimulation treatments until the Secretary of the Natural Resources Agency convenes a committee to review the scientific study, as specified, the Governor issues findings that specific measures are in place to ensure that well stimulation treatments do not pose a risk to, or impairment of, the public health and welfare or to the environmental and economic sustainability of the state, and, if applicable, those findings are affirmed by judicial review, as specified. Would also require the division to adopt a formal process to resolve any claims with respect to vested rights, as specified. Because a violation of the bill’s requirements would be a crime, the bill would impose a state-mandated local program.
  • SB 1366 (Correa) to add to the Business and Professions Code Division 8, Chapter 5.2, entitled “The Internet Poker Consumer Protection Act of 2014,” comprised of B&P Code § § 19990.01 through 19990.96.  By regulating Internet poker, the state seeks to achieve the following:  (1) Protect and promote its economy; (2) Provide California players with a safe and secure environment to play online; (3) Ensure fair and transparent Internet gambling; (4) Protect player funds and their winnings; (5) Protect against underage gambling; (6) Combat crime, racketeering, corruption, money laundering, and terrorism financing; (7) Enable the poker industry in California, which employs thousands of Californians, to compete fairly in intrastate Internet poker; and (8) Generate millions of dollars of additional revenues to meet California and tribal governmental needs.
  • SB 992 (Nielsen) to amend Civil Code § 4775, relating to common interest developments.  This bill would prohibit an association from imposing a fine or assessment on separate interest owners for yard maintenance issues related to under-watered plants and lawns during any period for which the Governor has declared a state of emergency due to drought.
  • SB 1439 (Leno) to add Government Code § 7060.8 to authorize the County of San Francisco to prohibit an owner of accommodations from withdrawing accommodations or prosecuting an action to recover possession of accommodations, or threatening to do so, if not all the owners of the accommodations have been owners of record for 5 continuous years or more or with respect to property that the owner acquired after providing notice of an intent to withdraw accommodations at a different property.
  • AB 2405 (Ammiano) to amend Government Code § 7060.6 and to add § 7060.8 to:  1) require, if an owner seeks to displace a tenant or lessee from accommodations withdrawn pursuant to the Ellis Act solely on the basis of this withdrawal, the case to civil action other than a civil action for unlawful detainer in which the tenant or lessee may assert the above-described defenses; 2) prohibit the clerk of the court from allowing access to court records filed in the above-described civil action to displace a tenant or lessee from withdrawn accommodations; and 3) authorize the county or city and county to compel the owner of a residential real property to offer, or continue to offer, accommodations in the property for rent or lease by adoption of a resolution or by a majority vote of the electors within the county if a county or city and county fails to identify or make available adequate sites to accommodate its portion of the regional housing need allocated to specified income levels.
  • SB 1005 (Lara) to add to the Government Code Title 22.5, entitled “California Health Exchange Program for All Californians,” comprised of Gov’t Code § § 100530 through 100541, to facilitate the enrollment into qualified health plans of individuals who are not eligible for full-scope Medi-Cal coverage and would have been eligible to purchase coverage through the Exchange but for their immigration status.
  • SB 895 (Corbett), AB 1571 (Eggman) and SB 894 (Corbett) are part of a package of bills intended to overhaul residential care facilities laws for the elderly following investigative reports in San Diego exposing neglect and abuse. 
  • AB 1636 (Brown) to add Water Code § 379 which provides that during a drought emergency declared by Governor Brown, a city or county shall not enforce any law or ordinance requiring a resident to water his or her lawn. 
  • SB 1177 (Steinberg) to add to the Business and Professions Code Chapter 22 to Division 8 entitled, “Student Online Personal Information Protection Act,” comprised of B&P § § 22584, to prohibit an operator of an Internet Web site, online service, online application, or mobile application with actual knowledge that the site, service, or application is used for K-12 school purposes and was designed and marketed for K-12 school purposes from using, sharing, disclosing, or compiling personal information about a K-12 student for commercial purposes. Would require the operators thereof  to ensure that specified encryption processes are used, to provide a notice to the operator of a secondary site, service, or application that is accessible through the noticing operator’s site, service, or application that their secondary site, service, or application is used for K-12 school purposes on a site, service, or application designed and marketed for K-12 school purposes, and to delete a student’s personal information under specified circumstances.
  • SB 1135 (Jackson) responds to reports of sterilizations at the Central California Women’s Facility State Prison for Woman by adding Chapter 6 to Title 2 of Part 3 of the Penal Code, entitled “Sterilization of Inmates” to prohibit sterilization for the purpose of birth control of an individual under the control of the Department of Corrections and Rehabilitation or a county correctional facility. Would also otherwise prohibit any means of sterilization of an inmate, except when required for the immediate preservation of life in an emergency medical situation and when required for the necessary treatment of a physical medical condition if certain requirements are satisfied, including that patient consent is obtained.
  • SB 1255 (Cannella) would amend Penal Code provisions relating to disorderly conduct (“revenge porn”) to provide that a person who intentionally distributes by any means an image of the uncovered, or visible through less than fully opaque clothing, body part or parts of another identifiable person or an image of another identifiable person engaged in a sexual act, knowing that the depicted person does not consent to the distribution of the image, is guilty of disorderly conduct.

Federal Enactments, 2014:  The following five federal bills have been signed into law during the month of February, 2014:

  • HR 2642 (Rep. Frank Lucas), “Agricultural Act of 2014,” signed on February 7, 2014 to enact Public Law 113-79, to provide for the reform and continuation of agricultural and other programs of the Department of Agriculture through fiscal year 2018, addressing commodities, conservation, trade, nutrition, credit, rural development, research, forestry, energy, horticulture, and crop insurance, among other related topics. 
  • HR 2860 (Rep. Blake Farenhold), “OPM IG Act” [Office of Personal Management Inspector General”], signed on February 12, 2014 to enact Public Law 113-80, to authorize funding for the cost of audits, investigations, and oversight activities conducted by the IG of  OPM of the OPM revolving fund and activities financed by the fund. Requires OPM to include in its budget submission an estimate by the IG of the amount required to pay the expenses to audit, investigate, and provide other oversight activities with respect to the revolving fund.
  • S. 1901 (Sen. Robert Menendez), “Support for United States-Republic of Korea Civil Nuclear Cooperation Act,” signed on February 12, 2014 to enact Public Law 113-81, to authorize the President to extend the term of the Agreement for Cooperation between the U.S. and the Republic of Korea concerning civil uses of atomic energy to a date that is not later than March 19, 2016. 
  • S. 25 (Sen. Orrin Hatch), “An act to ensure that the reduced annual cost-of-living adjustment to the retired pay of members and former members of the Armed Forces under the age of 62 required by the Bipartisan Budget Act of 2013 will not apply to members or former members who first became members prior to January 1, 2014, and for other purposes,” signed on February 15, 2014 to enact Public Law 113-82.
  • S. 540 (Sen. Jeanne Shaheen), “Temporary Debt Limit Extension Act,” signed on February 15, 2014 to enact Public Law 113-83.  This very simply-drafted bill stated the following:

Section 1.  SHORT TITLE.

This Act may be cited as the ‘Temporary Debt Limit Extension Act’.

Section 2. TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT

(a) In General- Section 3101(b) of title 31, United States Code, shall not apply for the period beginning on the date of the enactment of this Act and ending on March 15, 2015.

(b) Special Rule Relating to Obligations Issued During Extension Period- Effective March 16, 2015, the limitation in effect under section 3101(b) of title 31, United States Code, shall be increased to the extent that--

(1) the face amount of obligations issued under chapter 31 of such title and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) outstanding on March 16, 2015, exceeds (2) the face amount of such obligations outstanding on the date of the enactment of this Act.

SEC. 3. RESTORING CONGRESSIONAL AUTHORITY OVER THE NATIONAL DEBT.

(a) Extension Limited to Necessary Obligations- An obligation shall not be taken into account under section 2(b)(1) unless the issuance of such obligation was necessary to fund a commitment incurred pursuant to law by the Federal Government that required payment before March 16, 2015.

(b) Prohibition on Creation of Cash Reserve During Extension Period- The Secretary of the Treasury shall not issue obligations during the period specified in section 2(a) for the purpose of increasing the cash balance above normal operating balances in anticipation of the expiration of such period.

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40th Anniversary:   LIS has been in the business of researching legislative history and intent longer than any other research firm in California. 2014 is a hallmark year for Legislative Intent Service, Inc. because this year represents our 40th year in business.  Many of our clients remember our early days since 1974 and still have our research binders siting on the shelves in their offices and libraries.  If you have any recollections to share about your experiences with LIS for any part of these past 40 years, click here to email them to us.  We look forward to hearing your stories!

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