Agenda packet — Legislative Committee, March 1, 2023

Legislative Committee – March 1, 2023

Ballot Initiative: Limits Ability of Voters and State and Local Governments to Raise Revenues for Government Services
1 Recommendation

Legislative Committee discuss and provide direction to staff.

Summary

Ballot initiative No. 21-0042A1 or the “Taxpayer Protection and Government Accountability Act,” is a constitutional amendment that makes various changes to limit the ability of voters and state and local governments to raise revenues for government services.

Background

On January 4, 2022, the California Business Roundtable filed the “Taxpayer Protection and Government Accountability Act.” On February 1, 2023, the ballot initiative qualified for the November 5, 2024, ballot.

The ballot initiative would amend the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees by the state and local governments, and may make it more difficult to impose fines and penalties for violation of state and local laws.

Major provisions of the ballot initiative include the following:

• Requires voter approval in order to apply an existing local tax to a territory that is annexed; • Prohibits local advisory measures, which allow voters to express a preference for how local general tax dollars should be spent;
• Retroactively requires all new or increased taxes adopted after January 1, 2022, to include a sunset date;
• Requires simple majority approval of the state electorate for all new or increased state taxes;
• Prohibits, as a condition of property development or occupancy, a fee regulating vehicle miles traveled;
• Prohibits local fees for services or permits to exceed the “actual cost” and defines “actual cost,” as the minimum amount necessary; and
• May require voter approval of fines and penalties for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.

Packet Pg. 4
Communication: 1. Ballot Initiative - Staff Report (ITEM 1 Ballot Initiative: Taxpayer Protection and Government Accountability Act) 2 The measure is anticipated to put approximately $2 billion of voter-approved local government tax and fee revenues at risk statewide with related core public service impacts.

The League of California Cities, along with a broad coalition of local governments, labor, and public safety leaders, and infrastructure advocates strongly opposes this ballot initiative.

Packet Pg. 5
Communication: 1. Ballot Initiative - Staff Report (ITEM 1 Ballot Initiative: Taxpayer Protection and Government Accountability Act) BELL, McANDREWS & HILTACHK, LLP
Anabel Renteria
Initiative Coordinator
ATTORNEYS AND COUNSEL-ORS AT I.AW
455 C APIT O L MALL , S UITE 600
SACRAMENT O, CALIFOE=INIA 95014
(916) 44;a-7757
FA X [916) 44-;a-7 7 59
www.bmhlaw. com
January 4, 2022
2 1 - 0 0 4 2

RECEIVED
JAN O 4 2022
Office of the Attorney General
State of California

INITIATIVE COORDINATOR

ATTORNEY GENERAL'S OFFICE
PO Box 994255
Sacramento, CA 94244-25550
Re: Initiative 21-0042 - Amendment Number One
Dear Initiative Coordinator:

Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 21-0042 "The Taxpayer Protection and Government Accountability Act." The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed .

I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language.

Thank you for your time and attention processing my request.

Sincerely,
~~
Thomas W. Hiltachk
Packet Pg. 6
Communication: 1. Ballott Initiative - 21-0042A1 Text (ITEM 1 Ballot Initiative: Taxpayer Protection and Government Accountability Act) 2 1 - 0 0 4 2 Arndt. # /
The Taxpayer Protection and Government Accountability Act [Deleted codified text is denoted in strikeout. Added codified text is denoted by italics and underline.] Section 1. Title
This Act shall be known, and may be cited as, the Taxpayer Protection and Government Accountability Act.

Section 2. Findings and Declarations
(a) Californians are overtaxed. We pay the nation's highest state income tax, sales tax, and gasoline tax. According to the U.S. Census Bureau, California's combined state and local tax burden is the highest in the nation. Despite this, and despite two consecutive years of obscene revenue surpluses, state politicians in 2021 alone introduced legislation to raise more than $234 billion in new and higher taxes and fees.
(b) Taxes are only part of the reason for California's rising cost-of-living crisis. Californians pay billions more in hidden "fees" passed through to consumers in the price they pay for products, services, food, fuel, utilities and housing. Since 2010, government revenue from state and local "fees" has more than doubled.
(c) California's high cost of living not only contributes to the state's skyrocketing rates of poverty and homelessness, they are the pushing working families and job-providing businesses out of the state. The most recent Census showed that California's population dropped for the first time in history, costing us a seat in Congress. In the past four years, nearly 300 major corporations relocated to other states, not counting thousands more small businesses that were forced to move, sell or close. (d) California voters have tried repeatedly, at great expense, to assert control over whether and how taxes and fees are raised. We have enacted a series of measures to make taxes more predictable, to limit what passes as a "fee," to require voter approval, and to guarantee transparency and accountability. These measures include Proposition 13 (1978), Proposition 62 (1986), Proposition 218 (1996), and Proposition 26 (2010).
(e) Contrary to the voters' intent, these measures that were designed to control taxes, spending and accountability , have been weakened and hamstrung by the Legislature, government lawyers, and the courts, making it necessary to pass yet another initiative to close loopholes and reverse hostile court decisions.

Section 3. Statement of Purpose
(a) In enacting this measure, the voters reassert their right to a voice and a vote on new and higher taxes by requiring any new or higher tax to be put before voters for approval. Voters also intend that all fees and other charges are passed or rejected by the voters themselves or a governing body elected by voters and not unelected and unaccountable bureaucrats.
(b) Furthermore, the purpose and intent of the voters in enacting this measure is to increase transparency and accountability over higher taxes and charges by requiring any tax measure placed on the ballot- 1 Packet Pg. 7
Communication: 1. Ballott Initiative - 21-0042A1 Text (ITEM 1 Ballot Initiative: Taxpayer Protection and Government Accountability Act) either at the state or local level-to clearly state the type and rate of any tax, how long it will be in effect , and the use of the revenue generated by the tax.
(c) Furthermore, the purpose and intent of the voters in enacting this measure is to clarify that any new or increased form of state government revenue, by any name or manner of extraction paid directly or indirectly by Californians, shall be authorized only by a vote of the Legislature and signature of the Governor to ensure that the purposes for such charges are broadly supported and transparently debated. (d) Furthermore, the purpose and intent of the voters in enacting this measure is also to ensure that taxpayers have the right and ability to effectively balance new or increased taxes and other charges with the rapidly increasing costs Californians are already paying for housing, food, childcare, gasoline, energy , healthcare, education, and other basic costs of living, and to further protect the existing constitutional limit on property taxes and ensure that the revenue from such taxes remains local, without changing or superseding existing constitutional provisions contained in Section 1{c) of Article XIII A. (e) In enacting this measure, the voters also additionally intend to reverse loopholes in the legislative two thirds vote and voter approval requirements for government revenue increases created by the courts includin g, but not limited to, Cannabis Coalition v. City of Upland, Chamber of Commerce v. Air Resources Board, Schmeer v. Los Angeles County, Johnson v. County of Mendocino, Citizens Assn. of Sunset Beach v.

Orange County Local Agency Formation Commission, and Wilde v. City of Dunsmuir.

Section 4. Section 3 of Article XIII A of the California Constitution is amended to read:

Sec. 3(a} Every levy, charge. or exaction of any kind imposed by state law is either a tax or an exempt charge.
illlJ1l ~ Any change in state statute Jaw which results in any taxpayer paying a new or higher tax must be imposed by an act passed by not less than two-thirds of all members elected to each of the two houses of the Legislature , and submitted to the electorate and approved by a maiority vote, except that no new ad valorem taxes on real property, or sales or transaction taxes on the sales of real property, may be imposed. Each Act shall include:
(A) A specific duration of time that the tax will be imposed and an estimate of the annual amount expected to be derived from the tax.
(BJ A specific and legally binding and enforceable limitation on how the revenue from the tax can be spent.

If the revenue from the tax can be spent for unrestricted general revenue purposes. then a statement that the tax revenue can be spent for "unrestricted general revenue purposes" shall be included in a separate, stand-alone section. Any proposed change to the use of the revenue from the tax shall be adopted by a separate act that is passed by not less than two-thirds of all members elected to each of the two houses of the Legislature and submitted to the electorate and approved by a maiority vote. (2) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, including a measure proposed by an elector pursuant to Article II, include:
{A) The type and amount or rate of the tax;
(BJ The duration of the tax: and
2 Packet Pg. 8
Communication: 1. Ballott Initiative - 21-0042A1 Text (ITEM 1 Ballot Initiative: Taxpayer Protection and Government Accountability Act) (CJ The use of the revenue derived from the tax.
(c} Any change in state law which results in any taxpayer paying a new or higher exempt charge must be imposed by an act passed by each of the two houses of the Legislature. Each act shall specify the type of exempt charge as provided in subdivision (e ), and the amount or rate of the exempt charge to be imposed.

Ml._fbt As used in this section and in Section 9 of Article II, "tax" means every aA1f levy, charge, or exaction of any kind imposed by the State state law that is not an exempt charge. e1<eept the follo•Ning:
(e) As used in this section. "exempt charge" means only the following:
(1) a el:iarge imposes fer a s1=1eeifie eenefit eonferreEl or pri'+'ilege granteEl aireetly to tl:ie 13ayor tl:iat is not 1=1ro>viaeEl to tl:iose not et:iargeEI, anEI whiel:i aoes not e1<ceeEl tl:ie reasonal3Ie costs to tl:ie State of eonferring the benefit or granting the pri¥ilege to the 1=1a¥OF.
ill {-2+ A reasonable charge irnposeEl for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the rnasonable actual costs to the State of providing the service or product to the payor. f.11 ~ A charge in,poseEl for the reasonable regulatory costs to the State incident to issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. (3) A levy, charge. or exaction collected from local units of government. health care providers or health care service plans that is primarily used by the State of California for the purposes of increasing reimbursement rates or payments under the Medi-Cal program, and the revenues of which are primarily used to finance the non-federal portion of Medi-Cal medical assistance expenditures. (4) A reasonable charge iR'l13oseEl for entrance to or use of state property, or the purchase. rental, or lease of state property, except charges governed by Section 15 of Article XI. (5} A fine, or penalty, or other monetary el:large including any applicable interest for nonpayment thereot imposed by the judicial branch of government or the State, as a result of a state administrative enforcement agency pursuant to adiudicatorv due process, to punish a violation of law. (6} A levy, charge, assessment, or exaction collected for the promotion of California tourism pursuant to Chapter 1 (commencing with Section 13995) of Part 4.7 of Division 3 of Title 2 of the Government Code. flL~Any tax or exempt charge adopted after January 1, 2022 ~, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted B'l the begislatuFe anel signea into law ey tl:ie <iio¥ernoF in compliance with the requirements of this section. [gl[.JlJG:} The State bears the burden of proving by a preponEleranee oftl:le clear and convincing evidence that a levy, charge, or other exaction is an exempt charge and not a tax. The State bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. ,tR-a-t tl:ie amouRt is RO n,ore tl:ian neeessary to cover the reasonable costs of the go•.•emn,ental actii,•i:t>,• ane 3 Packet Pg. 9
Communication: 1. Ballott Initiative - 21-0042A1 Text (ITEM 1 Ballot Initiative: Taxpayer Protection and Government Accountability Act) that the manner in •Nhiel.:i these cests are allecated ts a pa·1er bear a fair er reasenable relatienshi13 ts the 13a·1or's b1:1relens on, or benefits reeei11eel from, the go•.ieFRmental actit.iit'( (2) The retention ofrevenue by, or the payment to. a non-governmental entity ofa levv. charge, or exaction of any kind imposed by state law, shall not be a factor in determining whether the levy. charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy, charge, or exaction of any kind as being voluntary, or paid in exchange for a benefit, privilege, allowance, authorization, or asset, shall not be a factor in determining whether the levy, charge, or exaction is a tax or an exempt charge. /4} The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. (h) As used in this section:
(1) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor, and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes, other exempt charges, grants, and state or federal funds received to provide such service or product.
(2) "Extend" includes, but is not limited to, doing any of the following with respect to a tax or exempt charge: lengthening its duration. delaying or eliminating its expiration, expanding its application to a new territory or class ofpayor, or expanding the base to which its rate is applied. (3) "Impose" means adopt, enact, reenact, create, establish, collect, increase or extend. (4) "State law" includes, but is not limited to. any state statute, state regulation, state executive order. state resolution, state ruling, state opinion Jetter, or other legal authority or interpretation adopted, enacted. enforced, issued, or implemented by the legislative or executive branches of state government. "State law" does not include actions taken by the Regents of the University of California, Trustees of the California State University, or the Board of Governors of the California Community Colleges.

Section 5. Section 1 of Article XIII C of the California Constitution is amended, to read:

Sec. 1. Definitions. As used in this article:
{a) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor. and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes. other exempt charges, grants, and state or federal funds received to provide such service or product.
(b) "Extend" includes, but is not limited to. doing any of the following with respect to a tax. exempt charge, or Article XIII D assessment. fee, or charge: lengthening its duration, delaying or eliminating its expiration. expanding its application to a new territory or class of payor, or expanding the base to which its rate is applied.
4 Packet Pg. 10
Communication: 1. Ballott Initiative - 21-0042A1 Text (ITEM 1 Ballot Initiative: Taxpayer Protection and Government Accountability Act) .lfl..W
11 General tax" means any tax imposed for general governmental purposes. (d} "Impose" means adopt, enact, reenact, create, establish, collect, increase, or extend. {clJb} "Local government" means any county, city, city and county, including a charter city or county, any special district, or any other local or regional governmental entity, or an elector pursuant to Article fl or the initiative power provided by a charter or statute . (f) "Local law" includes. but is not limited to, any ordinance, resolution, regulation. ruling, opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by a local government.
{gl_{t} "Special district" means an agency of the State, formed pursuant to general law or a special act, for the local performance of governmental or proprietary functions with limited geographic boundaries including, but not limited to, school districts and redevelopment agencies. f11L{d} "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund.
111 i@} As used in this article, and in Section 9 of Article II, "tax" means every aRV-levy, charge, or exaction of any kind, imposed by a local go,;ernmeRt law that is not an exempt charge., exeept tl=le fellowiRg:
(i) As used in this section, "exempt charge" means only the following:
(1) A cl=large imposeel fer a speeifie beAefit eoAferreel or pri,;ilege graAteel eliFeetl')' to tl=le pa1,ior tl=lat is Rot pre1,•ieleel to these Rot ehargea, aA£l which £lees Rot exeeeel tl=le reaseAable costs to tl=le loeal gm,·ernFAeAt of conferriAg the beAefit or graAting tl:1e pri¥ilege.
ill R} A reasonable charge imposes for a specific local government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasoAable actual costs to the local government of providing the service or product. fl1 WA charge im13ose£l for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof.

W {4t A reasonable charge imposeel for entrance to or use of local government property, or the purchase, rental, or lease of local government property.

Ml. fSt A fine, or penalty, or other FAOA@tar,· eharge including any applicable interest for nonpayment thereat imposed by the judicial branch of government or a local government administrative enforcement agency pursuant to adiudicatorv due process, as a res1,1lt of to punish a violation of law. ill -f6t A charge imposed as a condition of property development. No levv, charge, or exaction regulating or related to vehicle miles traveled may be imposed as a condition of property development or occupancy. f.i1 f7t An AssessFAeRts a Rel property relate el fees assessment. fee. or charge imJ;1oseel iA aeeoraanee witl=l the pro¥isio A5 of subject to Article XI 11 D, or an assessment imposed upon a business in a tourism marketing district, a parking and business improvement area, or a property and business improvement district. 5 Packet Pg. 11
Communication: 1. Ballott Initiative - 21-0042A1 Text (ITEM 1 Ballot Initiative: Taxpayer Protection and Government Accountability Act) (7) A charge imposed for a specific health care service provided directly to the payor and that is not provided to those not charged. and which does not exceed the reasonable costs to the local government of providing the health care service. As used in this paragraph, a "health care service" means a service licensed or exempt from licensure by the state pursuant to Chapters 1. 1.3, or 2 of Division 2 of the Health and Safety Code.

The local government bears the b1:1rden of proving by a preponderance of the e .. ·ielence that a lew, charge, or other exaction is not a ta1<, that the amo1:1nt is no more than necessaPJ' to cover the reasonable costs of the go•,ernfflental acti•.«ity anel that tJ:ie manner in which those costs are allocateel to a pa•ror bear a fair or reasonable relationship to the pa•ror's blslrdens on, or bene:fits receiveel from, the go1a1ernmental acfa•ity.

Section 6. Section 2 of Article XIII C of the California Constitution is amended to read :

Sec. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution:
(a) Every levy. charge. or exaction of any kind imposed by local law is either a tax or an exempt charge. All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. (b) No local Jaw go,.·ernment whether proposed by the governing body or by an elector, may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body. (c) An•r general tax imposed, el<tended, or increaseel, •.-.iitho1:1t •.·oter approval, lay any local go,.·ernment on or after Janlslary 1, 1995, ana prior ta the effecti,.·e date of this article, shall contin1:1e to be imposed only if appro,.·ea b1• a majority vote of the voters voting in an election OR the issye of the in:iposition, whicl::i election sl::iall be l::ield witl::iin t•Ne 1•ears ef the effectii.ie date of this article and in com13liance with slslbdi\·isien (b}. {El) No local law government. whether proposed by the governing body or by an elector. may impose, eMteRd, er increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. {d) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, include:
(1) The type and amount or rate of the tax;
(2) the duration of the tax; and
(3) The use of the revenue derived from the tax. If the proposed tax is a general tax. the phrase "for general government use" shall be required, and no advisory measure may appear on the same ballot that would indicate that the revenue from the general tax will. could. or should be used for a specific purpose. (e) Only the governing body of a local government. other than an elector pursuant to Article II or the initiative power provided by a charter or statute. shall have the authority to impose any exempt charge.

The governing body shall impose an exempt charge by an ordinance specifying the type of exempt charge 6 Packet Pg. 12
Communication: 1. Ballott Initiative - 21-0042A1 Text (ITEM 1 Ballot Initiative: Taxpayer Protection and Government Accountability Act) as provided in Section l(i) and the amount or rate of the exempt charge to be imposed. and passed by the governing body. This subdivision shall not apply to charges specified in paragraph (7) of subdivision (i) of Section 1.
ff) No amendment to a Charter which provides for the imposition, extension, or increase of a tax or exempt charge shall be submitted to or approved by the electors. nor shall any such amendment to a Charter hereafter submitted to or approved by the electors become effective for any purpose. (q) Any tax or exempt charge adopted after January 1, 2022, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted in compliance with the requirements of this section.
{h)(1) The focal government bears the burden of proving by clear and convincing evidence that a levy, charge or exaction is an exempt charge and not a tax. The local government bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. (2} The retention of revenue by, or the payment to, a non-governmental entity of a levy. charge, or exaction of any kind imposed by a local law, shall not be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy. charge. or exaction of any kind imposed by a local law as being paid in exchange for a benefit. privilege, allowance, authorization, or asset, shall not be factors in determining whether the levy, charge, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.

Section 7. Section 3 of Article XIII D of the California Constitution is amended, to read:

Sec. 3. Property Taxes, Assessments, Fees and Charges Limited (a) No tax, assessment, fee, 6f charge, or surcharge, including a surcharge based on the value ofpropertv, shall be assessed 13y a Ry ageRC'f upon any parcel of property or upon any person as an incident of property ownership except:
(1) The ad valorem property tax impeseEI p1::1rsYaRt te described in Section 1(a) of Article XIII and Section 1/a) of Article XIII A, and described and enacted pursuant to the voter approval requirement in Section 1/b) Q[Article XII I A.
(2) Any special non-ad valorem tax receiving a two-thirds vote of qualified electors pursuant to Section 4 of Article XIII A, or after receiving a two-thirds vote of those authorized to vote in a community facilities district by the Legislature pursuant to statute as it existed on December 31, 2021. (3) Assessments as provided by this article.
(4) Fees or charges for property related services as provided by this article. 7 Packet Pg. 13
Communication: 1. Ballott Initiative - 21-0042A1 Text (ITEM 1 Ballot Initiative: Taxpayer Protection and Government Accountability Act) (b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership.

Section 8. Sections 1 and 14 of Article XIII are amended to read:

Sec. 1 Unless otherwise provided by this Constitution or the laws of the United States:
(a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax purposes as the full value.
(b) All property so assessed shall be taxed in proportion to its full value. (c) All proceeds from the taxation of property shall be apportioned according to law to the districts within the counties.

Sec. 14. All property taxed by state or local government shall be assessed in the county, city, and district in which it is situated. Notwithstanding any other provision of/aw, such state or local property taxes shall be apportioned according to law to the districts within the counties.

Section 9. General Provisions
A. This Act shall be liberally construed in order to effectuate its purposes.

B. (1) In the event that this initiative measure and another initiative measure or measures relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures shall appear on the same statewide election ballot, the other initiative measure or measures shall be deemed to be in conflict with this measure. In the event that this initiative measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions ofthe other initiative measure or measures shall be null and void. (2) In furtherance of this provision, the voters hereby declare that this measure conflicts with the provisions of the "Housing Affordabili ty and Tax Cut Act of 2022" and "The Tax Cut and Housing Affordability Act," both of which would impose a new state property tax (called a "surcharge") on certain real property, and where the revenue derived from the tax is provided to the State, rather than retained in the county in which the property is situated and for the use of the county and cities and districts within the county, in direct violation of the provisions of this initiative. (3) If this initiative measure is approved by the voters, but superseded in whole or in part by any other conflicting initiative measure approved by the voters at the same election, and such conflicting initiative is later held invalid, this measure shall be self-executing and given full force and effect.

C. The provisions of this Act are severable. If any portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this Act is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Act. The People of the State of California hereby declare that they would have adopted this Act and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not 8 Packet Pg. 14
Communication: 1. Ballott Initiative - 21-0042A1 Text (ITEM 1 Ballot Initiative: Taxpayer Protection and Government Accountability Act) declared invalid or unconstitutional without regard to whether any portion of this Act or application thereof would be subsequently declared invalid.

D. If this Act is approved by the voters of the State of California and thereafter subjected to a legal challenge alleging a violation of state or federal law, and both the Governor and Attorney General refuse to defend this Act, then the following actions shall be taken:
(1) Notwithstanding anything to the contrary contained in Chapter 6 of Part 2 of Division 3 ofTitle 2 of the Government Code or any other law, the Attorney General shall appoint independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (2) Before appointing or thereafter substituting independent counsel, the Attorney General shall exercise due diligence in determining the qualifications of independent counsel and shall obtain written affirmation from independent counsel that independent counsel will faithfully and vigorously defend this Act. The written affirmation shall be made publicly available upon request. (3) A continuous appropriation is hereby made from the General Fund to the Controller, without regard to fiscal years, in an amount necessary to cover the costs of retaining independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (4) Nothing in this section shall prohibit the proponents of this Act, or a bona fide taxpayers association, from intervening to defend this Act.
9 Packet Pg. 15
Communication: 1. Ballott Initiative - 21-0042A1 Text (ITEM 1 Ballot Initiative: Taxpayer Protection and Government Accountability Act)

Legislative Committee – March 1, 2023

Assembly Bill 23 – Theft: Shoplifting: Amount
1 Recommendation

Legislative Committee recommend support of Assembly Bill 23.

Summary

Authored by Assembly Member Al Muratsuchi (D-66-Torrance), Assembly Bill 23 amends Proposition 47 (2014) by reducing the threshold amount for petty theft and shoplifting from $950 to $400.

Subsequent to passage by the state legislature and approval by the Governor, this bill would become effective only if approved by voters through a ballot initiative.

Proposition 47 (2014), titled, “The Safe Neighborhoods and Schools Act,” was approved by voters (59.6 percent – 40.4 percent) on November 4, 2014, and went into effect on November 5, 2014. At the City level, the measure failed with 47.19 percent in favor and 52.81 against.

Proposition 47 (2014) reduced penalties for certain nonserious and nonviolent property and drug offenses from felonies or wobblers, which could be charged as either a felony or misdemeanor, to misdemeanors. Under previous state law, shoplifting property worth $950 or less, a type of petty theft, was a misdemeanor. However, such crimes could also be charged as burglary, instead, if the shoplifter intended to shoplift upon entering the store, which could be prosecuted as a felony and sentenced up to three years in prison.

With the approval of Proposition 47 (2014), shoplifting property worth $950 or less is a misdemeanor, regardless of intent, and holds a sentence of up to one year in county jail and/or a fine up to $1,000.

According to the California Department of Justice, larceny-theft increased by approximately 10.7 percent and shoplifting increased by approximately 11.7 percent statewide a year after Proposition 47 (2014) went into effect. Similarly, in Los Angeles County, larceny-theft increased by approximately 10.3 percent and shoplifting increased by approximately 10.9 percent over that same period of time.

The recommendation to support Assembly Bill 23 is consistent with the City of Santa Clarita 2023 Executive and Legislative Platform. Specifically, Component 2 under the “State” section advises that the City Council, “Support legislative efforts to address the negative impacts of AB 109, Proposition 47, and Proposition 57 on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.”

Packet Pg. 16
Communication: 2. Assembly Bill 23 Staff Report (ITEM 2 ASSEMBLY BILL 23: Theft: Shoplifting Amount) 2 Additionally, the City Council supported a similar bill, Assembly Bill 1603, in the last state legislative session.

Supporters

Unknown at this time.

Opponents

Unknown at this time.

Bill Status

Assembly Bill 23 is scheduled to be heard in the Assembly Committee on Public Safety on March 7, 2023.

Packet Pg. 17
Communication: 2. Assembly Bill 23 Staff Report (ITEM 2 ASSEMBLY BILL 23: Theft: Shoplifting Amount) california legislature—2023–24 regular session
ASSEMBLY BILL No. 23
Introduced by Assembly Member Muratsuchi
December 5, 2022
An act to amend Sections 459.5, 487, and 490.2 of the Penal Code, relating to theft.
legislative counsel’s digest
AB 23, as introduced, Muratsuchi. Theft: shoplifting: amount.

Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as appro ved by the electors at the November 4, 2014, state wide general election, mak es the theft of money, labor, or property petty theft punishable as a misdemeanor , whenever the value of the property taken does not exceed $950. Under existing law, if the value of the property taken exceeds $950, the theft is grand theft, punishable as a misdemeanor or a felony.

Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larcen y if the v alue of the property taken does not exceed $950, to be punished as a misdemeanor.

Under existing law, entering a commercial establishment with the intent to tak e property e xceeding $950 is b urglary, punishable as a misdemeanor or a felony.

This bill w ould amend Proposition 47 by reducing the threshold amount for petty theft and shoplifting from $950 to $400. The bill would provide that it shall become ef fective only when submitted to, and approved by, the voters of California.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

99 Packet Pg. 18
Communication: 2. Assembly Bill 23 - Bill Text (ITEM 2 ASSEMBLY BILL 23: Theft: Shoplifting Amount) The people of the State of California do enact as follows:
line 1 SECTION 1. Section 459.5 of the Penal Code is amended to line 2 read:
line 3 459.5. (a)  Notwithstanding Section 459, shoplifting is defined line 4 as entering a commercial establishment with intent to commit line 5 larceny while that establishment is open during re gular business line 6 hours, where the value of the property that is taken or intended to line 7 be taken does not e xceed nine hundred fifty dollars ($950). four line 8 hundred dollar s ($400). Any other entry into a commercial line 9 establishment with intent to commit larceny is burglary. Shoplifting line 10 shall be punished as a misdemeanor, except that a person with one line 11 or more prior convictions for an offense specified in clause (iv) of line 12 subparagraph (C) of paragraph (2) of subdi vision (e) of Section line 13 667 or for an offense requiring registration pursuant to subdivision line 14 (c) of Section 290 may be punished pursuant to subdivision (h) of line 15 Section 1170.
line 16 (b)  Any act of shoplifting as defined in subdivision (a) shall be line 17 charged as shoplifting. No A person who is charged with shoplifting line 18 may shall not also be charged with burglary or theft of the same line 19 property.
line 20 SEC. 2. Section 487 of the Penal Code, as amended by Section line 21 1 of Chapter 22 of the Statutes of 2022, is amended to read:
line 22 487. Grand theft is theft committed in an y of the follo wing line 23 cases:
line 24 (a)  When the money, labor, real property, or personal property line 25 taken is of a v alue exceeding nine hundred fifty dollars ($950), line 26 four hundred dollars ($400), except as pro vided in subdi vision line 27 (b).
line 28 (b)  Notwithstanding subdivision (a), grand theft is committed line 29 in any of the following cases:
line 30 (1)  (A)  When domestic fo wls, a vocados, oli ves, citrus or line 31 deciduous fruits, other fruits, vegetables, nuts, artichokes, or other line 32 farm crops are taken of a value exceeding two hundred fifty dollars line 33 ($250).
line 34 (B)  For the purposes of establishing that the value of domestic line 35 fowls, avocados, olives, citrus or deciduous fruits, other fruits, line 36 vegetables, nuts, artichok es, or other f arm crops under this line 37 paragraph exceeds tw o hundred fifty dollars ($250), that v alue line 38 may be sho wn by the presentation of credible e vidence which 99 — 2 — AB 23

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Communication: 2. Assembly Bill 23 - Bill Text (ITEM 2 ASSEMBLY BILL 23: Theft: Shoplifting Amount) line 1 establishes that on the day of the theft domestic fowls, avocados, line 2 olives, citrus or deciduous fruits, other fruits, v egetables, nuts, line 3 artichokes, or other f arm crops of the same v ariety and weight line 4 exceeded two hundred fifty dollars ($250) in wholesale value. line 5 (2)  When fish, shellfish, mollusks, crustaceans, kelp, algae, or line 6 other aquacultural products are tak en from a commercial or line 7 research operation which is producing that product, of a v alue line 8 exceeding two hundred fifty dollars ($250).
line 9 (3)  Where the money, labor, real property, or personal property line 10 is taken by a serv ant, agent, or emplo yee from their principal or line 11 employer and aggre gates nine hundred fifty dollars ($950) four line 12 hundred dollar s ($400) or more in an y 12 consecuti ve month line 13 12-consecutive-month period.
line 14 (c)  When the property is taken from the person of another. line 15 (d)  When the property taken is any of the following:
line 16 (1)  An automobile.
line 17 (2)  A firearm.
line 18 (e)  If the value of the mone y, labor, real property, or personal line 19 property taken exceeds nine hundred fifty dollars ($950) over the line 20 course of distinct but related acts, the v alue of the money, labor, line 21 real property , or personal property tak en may properly be line 22 aggregated to charge a count of grand theft, if the acts are motivated line 23 by one intention, one general impulse, and one plan. line 24 SEC. 3. Section 490.2 of the Penal Code is amended to read:
line 25 490.2. (a)  Notwithstanding Section 487 or any other provision line 26 of law defining grand theft, obtaining any property by theft where line 27 the value of the money, labor, real or personal property taken does line 28 not exceed nine hundred fifty dollars ($950) four hundred dollars line 29 ($400) shall be considered petty theft and shall be punished as a line 30 misdemeanor, except that such person may instead be punished line 31 pursuant to subdivision (h) of Section 1170 if that person has one line 32 or more prior convictions for an offense specified in clause (iv) of line 33 subparagraph (C) of paragraph (2) of subdi vision (e) of Section line 34 667 or for an offense requiring registration pursuant to subdivision line 35 (c) of Section 290.
line 36 (b)  This section shall not be applicable to any theft that may be line 37 charged as an infraction pursuant to any other provision of law. line 38 (c)  This section shall not apply to theft of a firearm. line 39 SEC. 4. The provisions of this bill af fect an initiative statute line 40 and shall become effective only when submitted to, and approved 99 AB 23 — 3 —

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Communication: 2. Assembly Bill 23 - Bill Text (ITEM 2 ASSEMBLY BILL 23: Theft: Shoplifting Amount) line 1 by, the voters of California, pursuant to subdivision (c) of Section line 2 10 of Article II of the California Constitution.

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99 — 4 — AB 23

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Communication: 2. Assembly Bill 23 - Bill Text (ITEM 2 ASSEMBLY BILL 23: Theft: Shoplifting Amount)

Legislative Committee – March 1, 2023

Assembly Bill 75 – Shoplifting: Increased Penalties for Prior Crimes 1 Recommendation

Legislative Committee recommend support of Assembly Bill 75.

Summary

Authored by Assembly Member Josh Hoover (R-7-Rancho Cordova), Assembly Bill 75 reinstates prosecutorial authority to charge someone with a felony and imprisonment of up to three years, if they have been previously convicted three or more times of petty theft, shoplifting, grand theft, burglary, auto theft, robbery, elder financial abuse, or knowingly receiving stolen property. This provision of state law was originally repealed with the passage of Proposition 47 (2014).

Upon passage by the state legislature and approval by the Governor, this amendment to Proposition 47 (2014) is to be placed on the general election ballot on November 5, 2024, and requires a majority vote for final approval.

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Communication: 3. Assembly Bill 75 - Staff Report (ITEM 3 ASSEMBLY BILL 75: Shoplifting: Increased Penalties for Prior Crimes) 2 Coupled with Special Directives issued by Los Angeles County District Attorney George Gascon, repeat offenders were over a third of all arrests made by the Santa Clarita Valley Sheriff’s Station in recent years.

The recommendation to support Assembly Bill 75 is consistent with the City of Santa Clarita 2023 Executive and Legislative Platform. Specifically, Component 2 under the “State” section advises that the City Council, “Support legislative efforts to address the negative impacts of AB 109, Proposition 47, and Proposition 57 on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.”

Additionally, the City Council supported a similar bill, Assembly Bill 1597, in the last state legislative session.

Supporters

Unknown at this time.

Opponents

Unknown at this time.

Bill Status

Assembly Bill 75 is scheduled to be heard in the Assembly Committee on Public Safety on February 28, 2023.

Packet Pg. 23
Communication: 3. Assembly Bill 75 - Staff Report (ITEM 3 ASSEMBLY BILL 75: Shoplifting: Increased Penalties for Prior Crimes) california legislature—2023–24 regular session
ASSEMBLY BILL No. 75
Introduced by Assembly Members Hoover and Davies
(Coauthor: Assembly Member Mathis)
December 14, 2022
An act to amend Sections 459.5, 490.2, and 666 of the Penal Code, relating to crime.
legislative counsel’s digest
AB 75, as introduced, Hoover. Shoplifting: increased penalties for prior crimes.

Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as appro ved by the electors in the November 4, 2014, state wide general election, mak es the theft of property that does not exceed $950 in value petty theft and makes that crime punishable as a misdemeanor , with certain e xceptions. The initiative statute defines shoplifting as entering a commercial establishment with the intent to commit larceny while that establishment is open during re gular hours, where the v alue of the property that is taken or intended to be taken does not exceed $950. The initiative statute requires that shoplifting be punished as a misdemeanor.

Existing law, as amended by Proposition 47, provides that a registered sex offender or a person with a prior con viction for certain serious or violent felonies, such as a sexually violent offense, who commits petty theft is subject to imprisonment in the county jail for up to one year or in the state prison for 16 months or 2 or 3 years.

This bill w ould reinstate a pro vision of la w that w as repealed by Proposition 47 that provides that a person who has been convicted 3 or more times of petty theft, grand theft, or other specified crimes and who

99 Packet Pg. 24
Communication: 3. Assembly Bill 75 - Bill Text (ITEM 3 ASSEMBLY BILL 75: Shoplifting: Increased Penalties for Prior Crimes) is subsequently convicted of petty theft is subject to imprisonment in a county jail not exceeding one year or in a county jail for 18 months or 2 or 3 years. The bill would also make this provision and the provision relating to a person with serious, violent, or se xual prior of fenses applicable to a person whose prior or current con viction is for shoplifting.

This bill would require the Secretary of State to place the provisions of the bill that amend the initiative statute on the ballot for the November 5, 2024, statewide general election.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 459.5 of the Penal Code is amended to line 2 read:
line 3 459.5. (a)  Notwithstanding Section 459, shoplifting is defined line 4 as entering a commercial establishment with intent to commit line 5 larceny while that establishment is open during re gular business line 6 hours, where the value of the property that is taken or intended to line 7 be taken does not e xceed nine hundred fifty dollars ($950). Any line 8 other entry into a commercial establishment with intent to commit line 9 larceny is b urglary. Shoplifting shall be punished as a line 10 misdemeanor, except that a as follows:
line 11 (1)  A person with one or more prior convictions for an offense line 12 specified in clause (i v) of subparagraph (C) of paragraph (2) of line 13 subdivision (e) of Section 667 or for an of fense requiring line 14 registration pursuant to subdi vision (c) of Section 290 may be line 15 punished pursuant to subdivision (h) of Section 1170. line 16 (2)  A person who meets the requirements of subdivision (a) or line 17 (b) of Section 666 may be punished pursuant to that section. line 18 (b)  Any act of shoplifting as defined in subdivision (a) shall be line 19 charged as shoplifting. No A person who is charged with shoplifting line 20 may not also be char ged with b urglary or theft of the same line 21 property.
line 22 SEC. 2. Section 490.2 of the Penal Code is amended to read:
line 23 490.2. (a)  Notwithstanding Section 487 or any other provision line 24 of law defining grand theft, obtaining any property by theft where line 25 the value of the money, labor, real or personal property taken does line 26 not exceed nine hundred fifty dollars ($950) shall be considered 99 — 2 — AB 75

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Communication: 3. Assembly Bill 75 - Bill Text (ITEM 3 ASSEMBLY BILL 75: Shoplifting: Increased Penalties for Prior Crimes) line 1 petty theft and shall be punished as a misdemeanor , except that line 2 such as follows:
line 3 (1)  A person may instead be punished pursuant to subdi vision line 4 (h) of Section 1170 if that person has one or more prior convictions line 5 for an of fense specified in clause (i v) of subparagraph (C) of line 6 paragraph (2) of subdivision (e) of Section 667 or for an of fense line 7 requiring registration pursuant to subdivision (c) of Section 290. line 8 (2)  A person who meets the requirements of subdivision (a) or line 9 (b) of Section 666 may be punished pursuant to that section. line 10 (b)  This section shall not be applicable does not apply to any line 11 theft that may be char ged as an infraction pursuant to an y other line 12 provision of law.
line 13 (c)  This section shall does not apply to theft of a firearm. line 14 SEC. 3. Section 666 of the Penal Code is amended to read:
line 15 666. (a)  Notwithstanding Section 490, any a person who has line 16 been convicted three or more times of petty theft, shoplifting, grand line 17 theft, a con viction pursuant to subdivision (d) or (e) of Section line 18 368, auto theft under Section 10851 of the Vehicle Code, burglary, line 19 carjacking, robbery, or a felony con viction of Section 496, and line 20 has served a term for that crime in any penal institution or has line 21 been imprisoned ther ein as a condition of pr obation for that line 22 offense, and who is subsequently con victed of petty theft or line 23 shoplifting, shall be punished by imprisonment in the county jail line 24 not exceeding one year, or imprisonment pursuant to subdivision line 25 (h) of Section 1170.
line 26 (b)  (1)  Notwithstanding Section 490, a person described in line 27 subdivision (b) who, having paragraph (2) who has been convicted line 28 of petty theft, shoplifting, grand theft, a con viction pursuant to line 29 subdivision (d) or (e) of Section 368, auto theft under Section line 30 10851 of the Vehicle Code, b urglary, carjacking, robbery , or a line 31 felony violation of Section 496, and having has served a term of line 32 imprisonment therefor in any penal institution or having has been line 33 imprisoned therein as a condition of probation for that of fense, line 34 and who is subsequently con victed of petty theft, is punishable line 35 theft or shoplifting , shall be punished by imprisonment in the line 36 county jail not exceeding one year, year or in the state prison. line 37 (b)  Subdivision (a) shall
line 38 (2)  Paragraph (1) shall apply to any person who is required to line 39 register pursuant to the Sex Offender Registration Act, or who has line 40 a prior violent or serious felony conviction, as specified in clause 99 AB 75 — 3 —

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Communication: 3. Assembly Bill 75 - Bill Text (ITEM 3 ASSEMBLY BILL 75: Shoplifting: Increased Penalties for Prior Crimes) line 1 (iv) of subparagraph (C) of paragraph (2) of subdi vision (e) of line 2 Section 667, or has a conviction pursuant to subdivision (d) or (e) line 3 of Section 368.
line 4 (c) This section shall not be construed to does not preclude line 5 prosecution or punishment pursuant to subdi visions (b) to (i), line 6 inclusive, of Section 667, 667 or Section 1170.12. line 7 SEC. 4. (a) Sections 1, 2, and 3 of this act amend the Safe line 8 Neighborhoods and Schools Act, an initiative statute approved by line 9 the voters as Proposition 47 at the No vember 4, 2014, state wide line 10 general election, and shall become effective only when submitted line 11 to and approved by the voters at a statewide election. line 12 (b) Notwithstanding the requirements of Sections 9040, 9043, line 13 9044, 9061, 9082, and 9094 of the Elections Code, or an y other line 14 law, the Secretary of State shall submit Sections 1, 2, and 3 of this line 15 act to the v oters for their appro val at the No vember 5, 2024, line 16 statewide general election.

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99 — 4 — AB 75

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Communication: 3. Assembly Bill 75 - Bill Text (ITEM 3 ASSEMBLY BILL 75: Shoplifting: Increased Penalties for Prior Crimes)

Legislative Committee – March 1, 2023

Assembly Bill 1631 – Water Resources: Permit to Appropriate 1 Recommendation

Legislative Committee recommend support of Assembly Bill 1631.

Summary

Authored by Assembly Member Pilar Schiavo (D-40-Chatsworth), Assembly Bill 1631 requires the State Water Resources Control Board (SWRCB) to issue a new notice and provide an opportunity for a public hearing on water appropriation applications for a beneficial use or uses that include mining use that have been pending for more than 30 years.

The City of Santa Clarita (City) is a sponsor of this bill.

Background

Under existing law, SWRCB administers a water rights program where it grants permits and licenses to appropriate water. This administrative process allows for a protest period and the board is required to hold a hearing as long as a protest remains unresolved or there is a disputed material fact.

However, existing law does not require the board to allow for additional public review on applications it has not rendered a final determination, even if decades have passed since the original filing date.

This results in cases where long-standing water appropriation applications lack current information and withhold any opportunity for public comment, in some cases for several decades, limiting the board’s ability to fully vet an application with an understanding of the current environmental circumstances and public engagement prior to a final determination.

Analysis

Assembly Bill 1631 would apply to the proposed Soledad Canyon mining project. This bill will seek to guarantee that the public is afforded a full opportunity to ensure that the SWRCB is in possession of the most current information prior to deciding whether to issue a water appropriation permit.

The original water appropriation permit application for the proposed Soledad Canyon mining project is over three decades old, having been filed in June 1991. If this bill is passed, it would be effective January 1, 2024, and would immediately apply to the proposed Soledad Canyon mining project.

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Communication: 4. Assembly Bill 1631 - Staff Report (ITEM 4 ASSEMBLY BILL 1631: Water Resource: Permit to Appropriate) 2 Assembly Bill 1631 will not extinguish any valid rights of an applicant or limit the authority of the SWRCB to issue notices or take other actions related to the consideration of an application. This measure seeks to provide a fair opportunity for interested persons to file protests or otherwise be heard by the SWRCB regarding aged applications.

In the case of the proposed Soledad Canyon mining project, significant changes have occurred in the community within the past 30 years. For example, the SWRCB may wish to consider the available and dependable water supply to the community as a result of the multi-year drought. Santa Clarita’s water supply is comprised of approximately 50 percent groundwater and 50 percent imported water from the State Water Project. A review of the current role of the Santa Clara River, as it relates to the habitat of the protected unarmored three-spine stickleback found in portions of the river near the proposed mining site and as a source of recharging the local aquifers, would appear appropriate when considering the permit application.

Furthermore, since 1990, Santa Clarita’s population has more than doubled from approximately 110,000 residents to the current population of approximately 228,000. As demonstrated in these examples, a number of significant changes have occurred in the area over the past 30 years. Therefore, it is appropriate for the SWRCB to fully consider present-day dynamics and circumstances rather than relying on information that is significantly out-of-date in making decisions with long-term impacts.

The Santa Clarita City Council (City Council) sponsored and supported similar bills in the past. Most recently, the City Council sponsored and supported Senate Bill 520 (Wilk) during the last legislative session. Senate Bill 520 passed the Senate but failed to pass the Assembly, dying in the Assembly Committee on Water, Parks, and Wildlife.

Bill Status

Assembly Bill 1631 was introduced on February 17, 2023, and is eligible to be heard in a policy committee beginning on March 20, 2023.

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Communication: 4. Assembly Bill 1631 - Staff Report (ITEM 4 ASSEMBLY BILL 1631: Water Resource: Permit to Appropriate) california legislature—2023–24 regular session
ASSEMBLY BILL No. 1631
Introduced by Assembly Member Schiavo
(Principal coauthor: Senator Wilk)
February 17, 2023
An act to add Section 1305 to the Water Code, relating to w ater resources.
legislative counsel’s digest
AB 1631, as introduced, Schiavo. Water resources: permit to appropriate: application procedure: mining use.

Under e xisting la w, the State Water Resources Control Board administers a water rights program pursuant to which the board grants permits and licenses to appropriate w ater. Existing la w requires an application for a permit to appropriate w ater to include, among other things, sufficient information to demonstrate a reasonable lik elihood that unappropriated water is available for the proposed appropriation.

Existing la w requires the board to issue and deli ver a notice of an application as soon as practicable after the receipt of an application for a permit to appropriate w ater that conforms to the la w. Existing la w allows interested persons to file a written protest with re gard to an application to appropriate water and requires the protestant to set forth the objections to the application. Existing law declares that no hearing is necessary to issue a permit in connection with an unprotested application, or if the undisputed facts support the issuance of the permit and there is no disputed issue of material f act, unless the board elects to hold a hearing.

This bill, if the board has not rendered a final determination on an application for a permit to appropriate water for a beneficial use or uses

99 Packet Pg. 30
Communication: 4. Assembly Bill 1631 - Bill Text (ITEM 4 ASSEMBLY BILL 1631: Water Resource: Permit to Appropriate) that include mining use within 30 years from the date the application was filed, would require the board to issue a ne w notice and pro vide an opportunity for protests before rendering a final determination, with specified exceptions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 1305 is added to the Water Code, to read:
line 2 1305. (a)  If the board has not rendered a final determination line 3 on an application for a permit to appropriate water for a beneficial line 4 use or uses that include mining use within 30 years from the date line 5 the application was filed, the board shall issue a ne w notice and line 6 provide an opportunity for protests under Chapter 4 (commencing line 7 with Section 1330) before rendering a final determination. line 8 (b)  A notice and opportunity for protests pursuant to subdivision line 9 (a) is not required if any of the following apply:
line 10 (1)  The application is canceled or denied.
line 11 (2)  A notice and opportunity for protests has been pro vided line 12 within five years prior to the board rendering a final approval. line 13 (3)  The board holds a hearing or conducts proceedings under line 14 Article 1.5 (commencing with Section 1345) of Chapter 5, after line 15 public notice of the hearing or proceedings, and allows any person line 16 requesting notice of the hearing or proceedings to participate as a line 17 party in the hearing or proceedings, including the presentation of line 18 evidence, without ha ving to ha ve filed protests. The board shall line 19 provide not less than 45 days’ written notice, in the same manner line 20 as would be provided to an unresolv ed protestant, to an y person line 21 requesting the notice.
line 22 (4)  The applicant is a public entity.
line 23 (c)  This section is not a limitation on the authority of the board line 24 to issue a notice or direct the applicant to issue a notice if, because line 25 of changes in the project or other circumstances, the issuance of line 26 a notice is necessary to pro vide a f air opportunity for interested line 27 persons to file protests or is in the public interest.

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99 — 2 — AB 1631

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Communication: 4. Assembly Bill 1631 - Bill Text (ITEM 4 ASSEMBLY BILL 1631: Water Resource: Permit to Appropriate)

Legislative Committee – March 1, 2023

Senate Bill 13 – Controlled Substances
1 Recommendation

Legislative Committee recommend support of Senate Bill 13.

Summary

Authored by Senator Rosilicie Ochoa Bogh (R-23-Yucaipa), Senate Bill 13 requires a person who is convicted of, or who pleads guilty or no contest to, the possession or purchase for the purpose of selling or administering various controlled substances, including fentanyl, to receive a written advisory of the danger of manufacturing or distribution of controlled substances and that, if a person dies as a result of that action, the manufacturer or distributor can be charged with voluntary manslaughter or murder.

Background

The opioid epidemic has become a nationwide issue, affecting communities across the country, including the City of Santa Clarita (City). In 2021, more than 71,000 people died from a synthetic opioid-related drug overdose in the United States, according to provisional data from the Centers for Disease Control and Prevention (CDC). Recent data suggest that number continues to increase each year.

Fentanyl is a synthetic opioid that is up to 50 times stronger than heroin and 100 times stronger than morphine, making it a major contributor to drug overdose deaths. Based on preliminary 2021 data from the CDC, there were 6,843 opioid-related overdose deaths in California; 5,722 of these deaths were related to fentanyl. Moreover, in 2021, there were 224 fentanyl-related overdose deaths among teens, ages 15–19 years old, in California.

In 2022, the Los Angeles County Sheriff’s Department reported thirty-two overdoses in the Santa Clarita Valley as a result of fentanyl.

The recommendation to support Senate Bill 13 is consistent with the City of Santa Clarita 2023 Executive and Legislative Platform. Specifically, Component 2 under the “State” section advises that the City Council, “Support legislative efforts to address the negative impacts of AB 109, Proposition 47, and Proposition 57 on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.”

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Communication: 5. Senate Bill 13 - Staff Report (ITEM 5 SENATE BILL 13: Controlled Substances) 2 Supporters

Unknown at this time.

Opponents

Unknown at this time.

Bill Status

Senate Bill 13 is pending its first committee hearing in the Senate Public Safety Committee.

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Communication: 5. Senate Bill 13 - Staff Report (ITEM 5 SENATE BILL 13: Controlled Substances) SENATE BILL No. 13
Introduced by Senator Ochoa Bogh
(Coauthor: Senator Grove)
December 5, 2022
An act to add Section 11369 to the Health and Safety Code, relating to controlled substances.
legislative counsel’s digest
SB 13, as introduced, Ochoa Bogh. Controlled substances.

Existing law makes it a crime to possess for sale or purchase for purpose of sale, transport, sell, furnish, administer , gi ve a way, manufacture, compound, convert, produce, derive, process, or prepare various controlled substances, including, among others, fentanyl, peyote, and various other opiates and narcotics.

This bill would require a person who is convicted of, or who pleads guilty or no contest to, the abo ve crimes to receive a written advisory of the danger of manufacturing or distribution of controlled substances and that, if a person dies as a result of that action, the manufacturer or distributor can be charged with voluntary manslaughter or murder. The bill would require that the fact the advisory was given be on the record and recorded on the abstract of conviction.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 11369 is added to the Health and Safety line 2 Code, to read:
line 3 11369. (a) This section shall be known, and may be cited, as line 4 Alexandra’s Law.

99 Packet Pg. 34
Communication: 5. Senate Bill 13 - Bill Text (ITEM 5 SENATE BILL 13: Controlled Substances) line 1 (b) The court shall advise a person who is convicted of, or who line 2 pleads guilty or no contest to, a violation of Section 11351, 11352, line 3 or 11379.6 of the following:
line 4 “You are hereby advised that the illicit manuf acture or line 5 distribution of controlled substances, either real or counterfeit, line 6 inflicts a grave health risk to those who ingest or are e xposed to line 7 them. It is extremely dangerous to human life to manuf acture or line 8 distribute real or counterfeit controlled substances. If you do so, line 9 and a person dies as a result of that action, you can be char ged line 10 with voluntary manslaughter or murder.”
line 11 (c) The advisory statement shall be pro vided to the defendant line 12 in writing, either on the plea form or after sentencing, and the fact line 13 that the advisory was given shall be on the record and recorded in line 14 the abstract of the conviction.

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99 — 2 — SB 13

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Communication: 5. Senate Bill 13 - Bill Text (ITEM 5 SENATE BILL 13: Controlled Substances)

Legislative Committee – March 1, 2023

Senate Bill 14 – Serious felonies: human trafficking
1 Recommendation

Legislative Committee recommend support of Senate Bill 14.

Summary

Authored by Senator Shannon Grove (R-12-Bakersfield), Senate Bill 14 would include human trafficking within the definition of a serious felony for all purposes, including for purposes of the Three Strike Law. Senator Scott Wilk (R-23-Santa Clarita) is a co-author.

Background

Current law defines the terms “serious felony” for various purposes, including, among others, enhancing the punishment for felonies according to existing sentencing provisions commonly known as the Three Strikes Law. The Three Strikes Law imposes a state prison sentence of up to 25 years to life on a defendant who is convicted of a third violent or serious felony offense.

Existing serious felonies include murder, rape, arson, and kidnapping.

Supporters

Unknown at this time.

Opponents

Unknown at this time.

Bill Status

Senate Bill 14 is pending its first committee hearing in the Senate Public Safety Committee.

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Communication: 6. Senate Bill 14 - Staff Report (ITEM 6 SENATE BILL 14: Serious Felonies: Human Trafficking) SENATE BILL No. 14
Introduced by Senators Grove, Caballero, and Rubio
(Coauthors: Senators Dahle, Glazer, Jones, Newman, Nguyen, Niello, Ochoa Bogh, Seyarto, and Wilk)
December 5, 2022
An act to amend Sections 667.1, 667.5, 1170.125, and 1192.7 of the Penal Code, relating to felonies.
legislative counsel’s digest
SB 14, as introduced, Grove. Violent felonies: serious felonies: human trafficking.

Existing law defines the terms “serious felony” and “violent felony” for various purposes, including, among others, enhancing the punishment for felonies pursuant to existing sentencing provisions commonly known as the Three Strikes Law.

This bill would include human trafficking within the definition of a violent felony and the definition of a serious felon y for all purposes, including for purposes of the Three Strik es Law. By e xpanding the scope of an enhancement, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimb urse 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

99 Packet Pg. 37
Communication: 6. Senate Bill 14 - Bill Text (ITEM 6 SENATE BILL 14: Serious Felonies: Human Trafficking) The people of the State of California do enact as follows:
line 1 SECTION 1. Section 667.1 of the Penal Code is amended to line 2 read:
line 3 667.1. (a)   Notwithstanding subdi vision (h) of Section 667, line 4 for all offenses committed on or after November 7, 2012, but before line 5 January 1, 2024, all references to existing statutes in subdivisions line 6 (c) to (g), inclusi ve, of Section 667, are to those statutes as the y line 7 existed read on November 7, 2012.
line 8 (b)  Notwithstanding subdivision (h) of Section 667, for all line 9 offenses committed on or after January 1, 2024, all references to line 10 existing statutes in subdivisions (c) to (g), inclusive , of Section line 11 667, are to those statutes as they read on January 1, 2024. line 12 SEC. 2. Section 667.5 of the Penal Code is amended to read:
line 13 667.5. Enhancement of prison terms for new offenses because line 14 of prior prison terms shall be imposed as follows:
line 15 (a)  If one of the ne w offenses is one of the violent felonies line 16 specified in subdivision (c), in addition to and consecutive to any line 17 other prison terms therefor , the court shall impose a three-year line 18 term for each prior separate prison term serv ed by the defendant line 19 when the prior of fense was one of the violent felonies specified line 20 in subdi vision (c). Ho wever, an additional term shall not be line 21 imposed under this subdivision for any a prison term served prior line 22 to a period of 10 years in which the defendant remained free of line 23 both prison custody and the commission of an offense that results line 24 in a felony conviction.
line 25 (b)  Except when subdivision (a) applies, if the ne w offense is line 26 any a felon y for which a prison sentence or a sentence of line 27 imprisonment in a county jail under subdi vision (h) of Section line 28 1170 is imposed or is not suspended, in addition and consecutive line 29 to any other sentence therefor, the court shall impose a one-year line 30 term for each prior separate prison term for a se xually violent line 31 offense as defined in subdivision (b) of Section 6600 of the Welfare line 32 and Institutions Code, pro vided that an additional term shall not line 33 be imposed under this subdi vision for any a prison term serv ed line 34 prior to a period of fiv e years in which the defendant remained line 35 free of both the commission of an offense that results in a felony line 36 conviction, and prison custody or the imposition of a term of jail line 37 custody imposed under subdi vision (h) of Section 1170 or an y line 38 felony sentence that is not suspended.
99 — 2 — SB 14

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Communication: 6. Senate Bill 14 - Bill Text (ITEM 6 SENATE BILL 14: Serious Felonies: Human Trafficking) line 1 (c)  The Le gislature finds and declares that the follo wing line 2 specified crimes merit special consideration when imposing a line 3 sentence to display society’s condemnation for these extraordinary line 4 crimes of violence ag ainst the person. F or the purpose of this line 5 section, “violent felony” means any of the following:
line 6 (1)  Murder or voluntary manslaughter.
line 7 (2)  Mayhem.
line 8 (3)  Rape as defined in paragraph (2) or (6) of subdi vision (a) line 9 of Section 261 or paragraph (1) or (4) of subdivision (a) of former line 10 Section 262.
line 11 (4)  Sodomy as defined in subdivision (c) or (d) of Section 286. line 12 (5)  Oral copulation as defined in subdivision (c) or (d) of Section line 13 287 or of former Section 288a.
line 14 (6)  Lewd or lascivious act as defined in subdi vision (a) or (b) line 15 of Section 288.
line 16 (7)  Any felony punishable by death or imprisonment in the state line 17 prison for life.
line 18 (8)  Any felony in which the defendant inflicts great bodily injury line 19 on a person other than an accomplice, which has been charged and line 20 proved as provided for in Section 12022.7, 12022.8, or 12022.9 line 21 on or after July 1, 1977, or as specified prior to July 1, 1977, in line 22 Sections 213, 264, and 461, or any felony in which the defendant line 23 uses a firearm which use has been charged and proved as provided line 24 in subdi vision (a) of Section 12022.3, or Section 12022.5 or line 25 12022.55.
line 26 (9)  Any robbery.
line 27 (9)  Robbery.
line 28 (10)  Arson, in violation of subdivision (a) or (b) of Section 451. line 29 (11)  Sexual penetration as defined in subdi vision (a) or (j) of line 30 Section 289.
line 31 (12)  Attempted murder.
line 32 (13)  A violation of Section 18745, 18750, or 18755. line 33 (14)  Kidnapping.
line 34 (15)  Assault with the intent to commit a specified felon y, in line 35 violation of Section 220.
line 36 (16)  Continuous sexual abuse of a child, in violation of Section line 37 288.5.
line 38 (17)  Carjacking, as defined in subdivision (a) of Section 215. line 39 (18)  Rape or se xual penetration, in concert, in violation of line 40 Section 264.1.
99 SB 14 — 3 —

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Communication: 6. Senate Bill 14 - Bill Text (ITEM 6 SENATE BILL 14: Serious Felonies: Human Trafficking) line 1 (19)  Extortion, as defined in Section 518, which that w ould line 2 constitute a felony violation of Section 186.22. line 3 (20)  Threats to victims or witnesses, as defined in Section 136.1, line 4 which that would constitute a felony violation of Section 186.22. line 5 (21)  Any burglary Burglary of the first de gree, as defined in line 6 subdivision (a) of Section 460, wherein it is char ged and proved line 7 that another person, other than an accomplice, was present in the line 8 residence during the commission of the burglary. line 9 (22)  Any violation of Section 12022.53.
line 10 (23)  A violation of subdivision (b) or (c) of Section 11418. line 11 (24)  Human trafficking, in violation of Section 236.1. line 12 (d)  For the purposes of this section, the defendant shall be line 13 deemed to remain in prison custody for an offense until the official line 14 discharge from custody , including an y period of mandatory line 15 supervision, or until release on parole or postrelease community line 16 supervision, whiche ver first occurs, including an y time during line 17 which the defendant remains subject to reimprisonment or custody line 18 in county jail for escape from custody or is reimprisoned on line 19 revocation of parole or postrelease community supervision. The line 20 additional penalties pro vided for prior prison terms shall not be line 21 imposed unless they are charged and admitted or found true in the line 22 action for the new offense.
line 23 (e)  The additional penalties provided for prior prison terms shall line 24 not be imposed for an y felony for which the defendant did not line 25 serve a prior separate term in state prison or in county jail under line 26 subdivision (h) of Section 1170.
line 27 (f)  A prior conviction of a felony shall include a conviction in line 28 another jurisdiction for an of fense which, that, if committed in line 29 California, is punishable by imprisonment in the state prison or in line 30 county jail under subdivision (h) of Section 1170 if the defendant line 31 served one year or more in prison for the of fense in the other line 32 jurisdiction. A prior conviction of a particular felony shall include line 33 a conviction in another jurisdiction for an offense that includes all line 34 of the elements of the particular felony as defined under California line 35 law if the defendant serv ed one year or more in prison for the line 36 offense in the other jurisdiction.
line 37 (g)  A prior separate prison term for the purposes of this section line 38 shall mean a continuous completed period of prison incarceration line 39 imposed for the particular of fense alone or in combination with line 40 concurrent or consecuti ve sentences for other crimes, including 99 — 4 — SB 14

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Communication: 6. Senate Bill 14 - Bill Text (ITEM 6 SENATE BILL 14: Serious Felonies: Human Trafficking) line 1 any reimprisonment on re vocation of parole that is not line 2 accompanied by a new commitment to prison, and including any line 3 reimprisonment after an escape from incarceration. line 4 (h)  Serving a prison term includes any a confinement time in line 5 any state prison or federal penal institution as punishment for line 6 commission of an offense, including confinement in a hospital or line 7 other institution or facility credited as service of prison time in the line 8 jurisdiction of the confinement.
line 9 (i)  For the purposes of this section, a commitment to the State line 10 Department of Mental Health, or its successor the State Department line 11 of State Hospitals, as a mentally disordered sex offender following line 12 a conviction of a felony, which commitment exceeds one year in line 13 duration, shall be deemed a prior prison term.
line 14 (j)  For the purposes of this section, when a person subject to line 15 the custody , control, and discipline of the Secretary of the line 16 Department of Corrections and Rehabilitation is incarcerated at a line 17 facility operated by the Di vision of Juv enile Justice, that line 18 incarceration shall be deemed to be a term served in state prison. line 19 (k)  (1)  Notwithstanding subdivisions (d) and (g) or an y other line 20 law, when one of the ne w of fenses is committed while the line 21 defendant is temporarily removed from prison pursuant to Section line 22 2690 or while the defendant is transferred to a community facility line 23 pursuant to Section 3416, 6253, or 6263, or while the defendant line 24 is on furlough pursuant to Section 6254, the defendant shall be line 25 subject to the full enhancements provided for in this section. line 26 (2)  This subdivision does not apply when a full, separate, and line 27 consecutive term is imposed pursuant to any other law. line 28 SEC. 3. Section 1170.125 of the Penal Code is amended to line 29 read:
line 30 1170.125. (a)   Notwithstanding Section 2 of Proposition 184, line 31 as adopted at the November 8, 1994, General Election, statewide line 32 general election, for all offenses committed on or after November line 33 7, 2012, but before January 1, 2024, all references to e xisting line 34 statutes in Sections 1170.12 and 1170.126 are to those sections as line 35 they existed read on November 7, 2012.
line 36 (b)  Notwithstanding Section 2 of Pr oposition 184, as adopted line 37 at the No vember 8, 1994, state wide g eneral election, for all line 38 offenses committed on or after January 1, 2024, all references to line 39 existing statutes in Sections 1170.12 and 1170.126 ar e to those line 40 sections as they read on January 1, 2024.
99 SB 14 — 5 —

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Communication: 6. Senate Bill 14 - Bill Text (ITEM 6 SENATE BILL 14: Serious Felonies: Human Trafficking) line 1 SEC. 4. Section 1192.7 of the Penal Code is amended to read:
line 2 1192.7. (a)  (1)  It is the intent of the Le gislature that district line 3 attorneys prosecute violent sex crimes under statutes that provide line 4 sentencing under a “one strik e,” “three strik es” or habitual se x line 5 offender statute instead of engaging in plea bargaining over those line 6 offenses.
line 7 (2)  Plea bar gaining in an y case in which the indictment or line 8 information charges any serious felony, any felony in which it is line 9 alleged that a firearm w as personally used by the defendant, or line 10 any offense of driving while under the influence of alcohol, drugs, line 11 narcotics, or any other intoxicating substance, or any combination line 12 thereof, is prohibited, unless there is insufficient evidence to prove line 13 the people’s case, or testimon y of a material witness cannot be line 14 obtained, or a reduction or dismissal w ould not result in a line 15 substantial change in sentence.
line 16 (3)  If the indictment or information charges the defendant with line 17 a violent sex crime, as listed in subdivision (c) of Section 667.61, line 18 that could be prosecuted under Sections 269, 288.7, subdivisions line 19 (b) through (i) of Section 667, Section 667.61, or 667.71, plea line 20 bargaining is prohibited unless there is insufficient e vidence to line 21 prove the people’s case, or testimony of a material witness cannot line 22 be obtained, or a reduction or dismissal w ould not result in a line 23 substantial change in sentence. At the time of presenting the line 24 agreement to the court, the district attorney shall state on the record line 25 why a sentence under one of those sections was not sought. line 26 (b)  As used in this section “plea bar gaining” means an y line 27 bargaining, ne gotiation, or discussion between a criminal line 28 defendant, or his or her their counsel, and a prosecuting attorney line 29 or judge, whereby the defendant agrees to plead guilty or nolo line 30 contendere, in e xchange for an y promises, commitments, line 31 concessions, assurances, or consideration by the prosecuting line 32 attorney or judge relating to an y charge against the defendant or line 33 to the sentencing of the defendant.
line 34 (c)  As used in this section, “serious felon y” means any of the line 35 following:
line 36 (1)  Murder or voluntary manslaughter; (2) mayhem; (3) rape; line 37 (4) sodomy by force, violence, duress, menace, threat of great line 38 bodily injury, or fear of immediate and unlawful bodily injury on line 39 the victim or another person; (5) oral copulation by force, violence, line 40 duress, menace, threat of great bodily injury, or fear of immediate 99 — 6 — SB 14

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Communication: 6. Senate Bill 14 - Bill Text (ITEM 6 SENATE BILL 14: Serious Felonies: Human Trafficking) line 1 and unlawful bodily injury on the victim or another person; (6) line 2 lewd or lascivious act on a child under 14 years of age; (7) an y line 3 felony punishable by death or imprisonment in the state prison for line 4 life; (8) any felony in which the defendant personally inflicts great line 5 bodily injury on an y person, other than an accomplice, or an y line 6 felony in which the defendant personally uses a firearm; (9) line 7 attempted murder; (10) assault with intent to commit rape or line 8 robbery; (11) assault with a deadly weapon or instrument on a line 9 peace officer; (12) assault by a life prisoner on a noninmate; (13) line 10 assault with a deadly weapon by an inmate; (14) arson; (15) line 11 exploding a destructi ve de vice or an y e xplosive with intent to line 12 injure; (16) exploding a destructive device or any explosive causing line 13 bodily injury, great bodily injury , or mayhem; (17) e xploding a line 14 destructive device or any explosive with intent to murder; (18) any line 15 burglary of the first de gree; (19) robbery or bank robbery; (20) line 16 kidnapping; (21) holding of a hostage by a person confined in a line 17 state prison; (22) attempt to commit a felony punishable by death line 18 or imprisonment in the state prison for life; (23) an y felony in line 19 which the defendant personally used a dangerous or deadly weapon; line 20 (24) selling, furnishing, administering, giving, or offering to sell, line 21 furnish, administer , or gi ve to a minor an y heroin, cocaine, line 22 phencyclidine (PCP), or an y methamphetamine-related drug, as line 23 described in paragraph (2) of subdivision (d) of Section 11055 of line 24 the Health and Safety Code, or an y of the precursors of line 25 methamphetamines, as described in subparagraph (A) of paragraph line 26 (1) of subdivision (f) of Section 11055 or subdivision (a) of Section line 27 11100 of the Health and Safety Code; (25) an y violation of line 28 subdivision (a) of Section 289 where the act is accomplished line 29 against the victim’ s will by force, violence, duress, menace, or line 30 fear of immediate and unla wful bodily injury on the victim or line 31 another person; (26) grand theft in volving a firearm; (27) line 32 carjacking; (28) any felony offense, which would also constitute line 33 a felony violation of Section 186.22; (29) assault with the intent line 34 to commit mayhem, rape, sodomy, or oral copulation, in violation line 35 of Section 220; (30) thro wing acid or flammable substances, in line 36 violation of Section 244; (31) assault with a deadly weapon, line 37 firearm, machinegun, assault weapon, or semiautomatic firearm line 38 or assault on a peace officer or firefighter, in violation of Section line 39 245; (32) assault with a deadly weapon ag ainst a public transit line 40 employee, custodial officer, or school emplo yee, in violation of 99 SB 14 — 7 —

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Communication: 6. Senate Bill 14 - Bill Text (ITEM 6 SENATE BILL 14: Serious Felonies: Human Trafficking) line 1 Section 245.2, 245.3, or 245.5; (33) dischar ge of a firearm at an line 2 inhabited dwelling, vehicle, or aircraft, in violation of Section 246; line 3 (34) commission of rape or se xual penetration in concert with line 4 another person, in violation of Section 264.1; (35) continuous line 5 sexual abuse of a child, in violation of Section 288.5; (36) shooting line 6 from a v ehicle, in violation of subdi vision (c) or (d) of Section line 7 26100; (37) intimidation of victims or witnesses, in violation of line 8 Section 136.1; (38) criminal threats, in violation of Section 422; line 9 (39) any attempt to commit a crime listed in this subdivision other line 10 than an assault; (40) an y violation of Section 12022.53; (41) a line 11 violation of subdivision (b) or (c) of Section 11418; (42) human line 12 trafficking, in violation of Section 236.1; and (42) (43) an y line 13 conspiracy to commit an offense described in this subdivision. line 14 (d)  As used in this section, “bank robbery” means to tak e or line 15 attempt to take, by force or violence, or by intimidation from the line 16 person or presence of another any property or money or any other line 17 thing of v alue belonging to, or in the care, custody , control, line 18 management, or possession of, an y bank, credit union, or an y line 19 savings and loan association.
line 20 As used in this subdi vision, the follo wing terms ha ve the line 21 following meanings:
line 22 (1)  “Bank” means any member of the Federal Reserve System, line 23 and any bank, banking association, trust compan y, savings bank, line 24 or other banking institution organized or operating under the laws line 25 of the United States, and any bank the deposits of which are insured line 26 by the Federal Deposit Insurance Corporation.
line 27 (2)  “Savings and loan association” means an y federal savings line 28 and loan association and an y “insured institution” as defined in line 29 Section 401 of the National Housing Act, as amended, and an y line 30 federal credit union as defined in Section 2 of the Federal Credit line 31 Union Act.
line 32 (3)  “Credit union” means an y federal credit union and an y line 33 state-chartered credit union the accounts of which are insured by line 34 the Administrator of the National Credit Union administration. line 35 (e)  The provisions of this section shall not be amended by the line 36 Legislature except by statute passed in each house by rollcall vote line 37 entered in the journal, tw o-thirds of the membership concurring, line 38 or by a statute that becomes effective only when approved by the line 39 electors.
99 — 8 — SB 14

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Communication: 6. Senate Bill 14 - Bill Text (ITEM 6 SENATE BILL 14: Serious Felonies: Human Trafficking) line 1 SEC. 5. No reimbursement is required by this act pursuant to line 2 Section 6 of Article XIIIB of the California Constitution because line 3 the only costs that may be incurred by a local agenc y or school line 4 district will be incurred because this act creates a ne w crime or line 5 infraction, eliminates a crime or infraction, or changes the penalty line 6 for a crime or infraction, within the meaning of Section 17556 of line 7 the Government Code, or changes the definition of a crime within line 8 the meaning of Section 6 of Article XIII B of the California line 9 Constitution.

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99 SB 14 — 9 —

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Communication: 6. Senate Bill 14 - Bill Text (ITEM 6 SENATE BILL 14: Serious Felonies: Human Trafficking)

Legislative Committee – March 1, 2023

Senate Bill 489 – Marriage Licenses
1 Recommendation

Legislative Committee recommend support of Senate Bill 489.

Summary

Authored by Senator Scott Wilk (R-23-Santa Clarita), Senate Bill 489 authorizes a city official to directly issue public and confidential marriage licenses.

The City of Santa Clarita (City) is a sponsor of this bill.

Background

Under existing state law, issuance of marriage licenses is delegated to county jurisdictions, with the exception of confidential marriage licenses, which state law allows for licensed notaries to purchase from a County office and issue. However, public marriage licenses are exclusively delegated to counties.

On February 14, 2020, the City began a new program, entitled City Hall Ceremonies. The premise of this international award-winning program was to bring marriage services to the local community by delivering a more personal, convenient, and cost-efficient service. City staff in the City Clerk’s Office obtained their notary license and completed a training in order to be able to issue confidential marriage licenses at City Hall.

To date, through City Hall Ceremonies, the Santa Clarita City Clerk’s Office has issued 547 confidential marriage licenses and officiated 324 marriage ceremonies. Because of the cost, convenience, and customer service, the Santa Clarita City Hall Ceremonies was awarded the International Institute of Municipal Clerks Introduction of Innovative Customer Service 2022 Program Excellence in Governance Award.

In Los Angeles County, the Registrar-Recorder/County Clerk’s Office is the office authorized to issue marriage licenses. There are six Register-Recorder/County Clerk’s Offices in Los Angeles County and appointments may be made up to three weeks in advance, within a shortened workday schedule, and available on a first-come first-serve basis.

Additionally, licensed notaries on staff at the City can only issue confidential marriage licenses purchased from the County at the same fee the County charges its customers and while a marriage license purchased by a couple from the County is valid 90 days from the date of issuance, licenses Packet Pg. 46
Communication: 7. Senate Bill 489 - Staff Report (ITEM 7 SENATE BILL 489: Marriage Licenses) 2 purchased by couples at Santa Clarita City Hall are only valid 90 days from the date the notary purchases the license from the County.

During the COVID-19 pandemic, Santa Clarita City Hall remained open and continued to offer confidential marriage license services. Several couples came to City Hall because their appointments had been cancelled by Los Angeles County or surrounding county offices. Being a local service for the community, the program is nimble enough to allow Santa Clarita staff to make appointment exceptions for emergency situations, such as unplanned cesarean sections and armed services deployment situations.

Authorizing cities to directly issue both public and confidential licenses brings this much sought-after service to the community who seek those services, fairly compensates municipalities for services offered, keeps commuters off busy Southern California freeways, and ultimately lowers the cost of marriage services for our constituents.

Bill Status

Senate Bill 489 was introduced on February 14, 2023, and is eligible to be heard in a policy committee beginning on March 17, 2023.

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Communication: 7. Senate Bill 489 - Staff Report (ITEM 7 SENATE BILL 489: Marriage Licenses) SENATE BILL No. 489
Introduced by Senator Wilk
February 14, 2023
An act to amend Section 350 of the Family Code, relating to marriage. legislative counsel’s digest
SB 489, as introduced, Wilk. Marriage licenses.

Existing law requires parties, before entering a marriage or declaring a marriage, as specified, to first obtain a marriage license from the county clerk.

This bill would authorize a city official to issue marriage licenses.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 350 of the Family Code is amended to line 2 read:
line 3 350. (a)  Before entering a marriage, or declaring a marriage line 4 pursuant to Section 425, the parties shall first obtain a marriage line 5 license from a county clerk.
line 6 (b)  If a marriage is to be entered into pursuant to subdi vision line 7 (b) of Section 420, the attorne y-in-fact shall appear before the line 8 county clerk clerk, as prescribed in subdivision (a), on behalf of line 9 the party who is o verseas, as prescribed in subdi vision (a). line 10 overseas.
line 11 (c)  Notwithstanding the r equirement that parties obtain a line 12 marriage license from a county clerk as prescribed in subdivision line 13 (a), parties may obtain a marria ge license fr om a city official

99 Packet Pg. 48
Communication: 7. Senate Bill 489 - Bill Text (ITEM 7 SENATE BILL 489: Marriage Licenses) line 1 before entering a marria ge or declaring a marria ge pursuant to line 2 Section 425.

O
99 — 2 — SB 489

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Communication: 7. Senate Bill 489 - Bill Text (ITEM 7 SENATE BILL 489: Marriage Licenses)

Legislative Committee – March 1, 2023

League of California Cities Analysis
1 Recommendation

Legislative Committee discuss and provide direction to staff.

Background

The League of California Cities (Cal Cities) is a legislative advocacy association that represents the interests of cities throughout the state, primarily on matters related to state legislation. Cal Cities membership includes almost every city and town in the state and its structure includes regional divisions, in an effort to enhance member engagement.

The City of Santa Clarita (City) has been a member of Cal Cities since city incorporation in December 1987 and Councilwoman McLean currently serves on the Cal Cities - Los Angeles County Division Board of Directors.

The City paid approximately $43,436 in annual membership dues to Cal Cities in 2022.

Summary

The State Legislature, State Leadership, and Governor’s Office have, for nearly a decade now, dedicated a great deal of attention on legislation related to housing and local zoning, often preempting local land use authority. As a result, many cities, including Santa Clarita, have invested significant resources in opposing proposed state housing policies and subsequently, articulating the concerns and negative impacts of these policies to state officials.

Despite opposition efforts from cities and Cal Cities, the State has passed several pieces of legislation that has weakened local discretion and authority of land use decisions. Some of these policies include preemption of local discretionary review and the California Environmental Quality Act (CEQA) for specific housing developments in cities that have not had homes built at the level zoned in their Regional Housing Needs Assessment (RHNA), preemption of single- family zoning to allow for two duplexes and two accessory dwelling units on each single-family parcel, preemption of minimum parking standards as a condition of approval for specific housing developments near public transit stations, and preemption of local zoning and streamlined approval for specific housing developments in retail commercial or office zones or if the property owner is a local education agency, without local discretionary review.

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Communication: 8. Cal Cities Analysis - Staff Report (Item 8 League of California Cities Analysis) 2 As part of Cal Cities’ membership benefits, an annual conference is held, which includes educational workshops, legislative advocacy, intergovernmental networking opportunities, and a General Assembly Meeting, in which resolutions establishing Cal Cities’ policies and guiding principles are considered for adoption.

At the last annual conference, which was held on September 7-9, 2022, in Long Beach, a petitioned resolution was circulated by a group of cities, including the City of Torrance, that would have Cal Cities partner with organizers of the “Our Neighborhood Voices” initiative, a draft ballot initiative to amend the state constitution to restore local land use planning and zoning authority to local governments. The petitioned resolution would also direct Cal Cities to, “allocate sufficient resources to help advance and qualify,” the proposed ballot initiative for the November 5, 2024, General Election ballot. The petitioned resolution received over 100 signatures from voting delegates during the signature gathering phase and qualified to be considered by the General Resolutions Committee (Committee) and General Assembly. The City’s voting delegate did not sign the petition. The Committee approved a motion (167-98) to redirect the initiative to various Cal Cities policy committees, in lieu of the General Assembly, as many members of the Committee expressed concerns regarding the language of the ballot initiative.

On October 11, 2022, the Torrance City Council voted unanimously to discontinue its Cal Cities membership, describing Cal Cities’ efforts to protect local land use authority as lackluster and citing the failed attempt to pass the petitioned resolution at the 2022 General Assembly Meeting.

Analysis

Between 2017-2022, the City Council adopted a position on approximately 78 pieces of state legislation. Of the 78 bills, Cal Cities adopted a position consistent with the City Council on 35 of those bills or a rate of 44.8 percent in the last five years. Moreover, of the 78 bills the City Council adopted a position on, 31 of those bills were related to land use authority.

Of the 31-land use-related bills, Cal Cities was consistent in their adopted position on 20 of those bills or a consistency rate of 64.5 percent. Of the remaining 11 bills, Cal Cities took a “watch” position on nine bills and adopted a position that was inconsistent with the City Council’s position on two bills.

At the development of this report, staff is only aware of the City of Torrance’s discontinued membership from Cal Cities for the 2023 calendar year. However, other cities in Los Angeles County have expressed interest in considering discontinuation of their membership, including the City of Redondo Beach.

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Communication: 8. Cal Cities Analysis - Staff Report (Item 8 League of California Cities Analysis)

Legislative CommitteeMarch 1, 2023

Legislative Committee
March 1, 2023