May 25, 2023
Golden State Republican Women
Janet Price, President
Submitted by the GSRW Legislative Analyst Committee
Karen Contreras, Lou Ann Flaherty and Elaine Freeman,
AB 257 Encampment Penalties – Under existing law, a person who lodges in a public or private place without permission is guilty of disorderly conduct, a misdemeanor. Existing law also provides that a person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place is guilty of a misdemeanor.
This bill would prohibit a person from camping as defined, in a street, sidewalk, or other public property within 500 feet of a school, daycare center, playground, or youth center. The bill would make a violation of the prohibition an infraction or misdemeanor. By imposing criminal penalties for a violation of these provisions, this bill would impose a state mandated local program.
Existing law establishes procedures of diversion for specified defendants through which the court is authorized to grant pretrial diversion which, contingent upon successful completion of specified terms and conditions imposed by the court, results in the dismissal of charges prior to adjudication.
This bill would authorize a defendant who is being prosecuted for a misdemeanor for camping in a street, sidewalk, or other public property within 500 feet of a school, daycare center, playground or youth center to be eligible for a diversion program, including, but not limited to, the Diversion of Individuals with Mental Disorders and the Court initiated Misdemeanor Diversion. Set for second hearing after reconsideration.
AB 1228 Fast Food Restaurant Franchisors and Franchisees, joint liability – Existing law, which is suspended pursuant to a referendum petition, establishes, until January 1, 2029, the Fast Food Council within the Department of Industrial Relations and prescribes its powers. Existing law requires the Fast Food Council to promulgate minimum fast food restaurant employment standards, including standards on wages, working conditions, and training, and to issue, amend and repeal any other rules and regulations, as necessary to carry out its duties, subject to a petition signed by 10,000 fast food restaurant employees approving the creation of the council.
This bill would require that a fast food restaurant franchisor share with the fast food restaurant franchisee all civil legal responsibility and civil liability or the franchisee’s violations of prescribed laws and orders or their implementing rules or regulations. The bill would authorize enforcement of those provisions against a franchisor, including administratively or by civil action, to the same extent that they may be enforced against the franchisee. The bill would require that a franchisor have the opportunity to cure a violation after written notice, before civil action commences.
The bill would provide that a waiver of the bill’s provisions, or any agreement by a franchisee to indemnify its franchisor for liability, is contrary to public policy and is void and unenforceable. The bill would authorize a franchisee, if the terms of a fast food restaurant franchise prevent or create a substantial barrier to the franchisee’s compliance with the prescribed laws and orders and their implementing rules and regulations, or any changes to them to file an action against its franchisor for monetary or injunctive relief necessary to ensure compliance. The bill would establish a rebuttable presumption that any charges in the terms of a franchise that increase the costs of the franchise to the franchisee create a substantial barrier to compliance with the prescribed laws and orders and their implementing rules and regulations or any charges to them.
This is brought to your attention because you may get a mailer from StopAB1228.com. The franchise owner, per the mailer, would force more corporate control over franchised restaurants; strip local restaurant owners of their rights as independent business owners; create a whole new class of frivolous lawsuits and lead to the shutdown of locally-owned restaurants destroying small businesses and eliminating jobs. Set for third reading. In committee, scheduled for 3rd reading.
AB 23 – Theft: shoplifting: amount – Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014,statewide general election, makes the theft of money, labor, or property petty theft punishable as a misdemeanor, whenever the value of the property taken 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.
This bill would amend Proposition 47 by reducing the threshold amount for petty theft and shoplifting from $950 to
$400. This bill would provide that it shall become effective only when submitted to, and approved by, the voters of California. Final hearing set.
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