Home » CAPITOL UPDATE #38 – September 28, 2023

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CAPITOL UPDATE #38 – September 28, 2023


 September 28, 2023

Golden State Republican Women
Janet Price, President

        Submitted by the GSRW Legislative Analyst Committee        
Karen Contreras,
Lou Ann Flaherty and Elaine Freeman, 
  

The California State Legislature has adjourned until January 3, 2024.

The governor has until October 14 to sign or veto bills or let them become law without his signature.

Governor Gavin Newsom has signed the following bills:

  • AB 342 by Assemblymember Avelino Valencia (D-Anaheim) – Architects and real estate appraisers: applicants and licensees: demographic information.
  • AB 400 by Assemblymember Blanca Rubio (D-Baldwin Park) – Local agency design-build projects: authorization.
  • AB 592 by Assemblymember Lori Wilson (D-Fairfield) – Vehicles: commercial nonfranchise solid waste haulers: pilot program.
  • AB 648 by Assemblymember Avelino Valencia (D-Anaheim) – Common interest developments: procedures: meetings by teleconference.
  • AB 1140 by the Committee on Insurance – Insurance.
  • AB 1395 by Assemblymember Eduardo Garcia (D-Coachella) – Licensed Physicians and Dentists from Mexico Pilot Program: requirements.
  • AB 1560 by Assemblymember Heath Flora (R-Modesto) – Crematories: change in ownership.
  • AB 1716 by the Committee on Environmental Safety and Toxic Materials – Hazardous wastes and materials: certified unified program agencies.
  • AB 1763 by the Committee on Agriculture – Food and agriculture: industry-funded standardization program: Cannella Environmental Farming Act of 1995: Noxious Weed Management Account.
  • AB 1765 by the Committee on Revenue and Taxation – Income tax administration: installment agreements, suspension, forfeiture, and revivor.
  • SB 95 by Senator Richard D. Roth (D-Riverside) – Commercial transactions.
  • SB 151 by the Committee on Budget and Fiscal Review – State employment: State Bargaining Unit 6 agreement.
  • SB 247 by Senator Scott Wilk (R-Santa Clarita) – Alcoholic beverages: licensing exemptions: barbering and cosmetology services.
  • SB 343 by Senator Nancy Skinner (D-Berkeley) – Child support.
  • SB 388 by Senator Bob Archuleta (D-Pico Rivera) – Alcoholic Beverage Tax: beer manufacturer returns and schedules.
  • SB 432 by Senator Dave Cortese (D-San Jose) – Teachers’ retirement.
  • SB 544 by Senator John Laird (D-Santa Cruz) – Bagley-Keene Open Meeting Act: teleconferencing.
  • SB 743 by Senator Janet Nguyen (R-Huntington Beach) – Insurance: false and fraudulent claims.
  • SB 852 by Senator Susan Rubio (D-Baldwin Park) – Searches: supervised persons.
  • SB 891 by the Committee on Transportation – Transportation: omnibus bill.

 

SUPPORTING LGBTQ+

  • AB 5 by Assemblymember Rick Chavez Zbur (D-Los Angeles) – The Safe and Supportive Schools Act.
  • AB 223 by Assemblymember Christopher Ward (D-San Diego) – Change of gender and sex identifier.
    • Covered in Capitol Update #18
  • AB 760 by Assemblymember Lori Wilson (D-Fairfield) – Public postsecondary education: affirmed name and gender identification.
  • AB 783 by Assemblymember Philip Ting (D-San Francisco) – Business licenses: single-user restrooms.
  • AB 994 by Assemblymember Corey Jackson (D-Moreno Valley) – Law enforcement: social media.
    • Covered in Capitol Update #25
  • SB 372 by Senator Caroline Menjivar (D-San Fernando Valley/Burbank) – Department of Consumer Affairs: licensee and registrant records: name and gender changes.
  • SB 407 by Senator Scott Wiener (D-San Francisco) – Foster care: resource families.
  • SB 760 by Senator Josh Newman (D-Fullerton) – School facilities: all-gender restrooms.
    • Covered in Capitol Updates #9, #16, and #33
  • SB 857 by Senator John Laird (D-Santa Cruz) – Advisory task force: LGBTQ+ pupil needs.

 

The Governor also announced that he has vetoed the following bills:

  • AB 316 by Assemblymember Cecilia Aguiar-Curry (D-Winters) – Vehicles: autonomous vehicles. A veto message can be found here.
    • Covered in Capitol Update #22
  • AB 957 by Assemblymember Lori Wilson (D-Fairfield) – Family law: gender identity. A veto message can be found here.
    • Covered in Capitol Update #18
  • AB 1306 by Assemblymember Wendy Carrillo (D-Los Angeles) – State government: immigration enforcement. A veto message can be found here.
    • Covered in Capitol Update #16

SB 478 – Consumers Legal Remedies Act: Advertisements

The False Advertising Law makes it a crime for a person or a firm, corporation, or association, or any employee thereof, to engage in specified false or misleading advertising practices. The Unfair Competition Law makes various unfair competition practices unlawful, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising.

The Consumers Legal Remedies Act makes unlawful certain unfair methods of competition and certain unfair or deceptive acts or practices undertaken by a person in a transaction intended to result or that results in the sale or lease of goods or services to a consumer, including advertising goods or services with intent not to sell them as advertised.  Existing law authorizes a consumer who suffers damage as a result of the use or employment by a person of a method, act, or practice declared to the unlawful by that provision to bring an action against that person to recover or obtain certain relief, including actual damages of at least $1,000.

This bill would, beginning on 7/1/24, with specified exceptions, additionally make unlawful advertising, displaying, or offering a price for a good or service that does not include all mandatory fees or charges other than taxes or fees imposed by a government on the transaction, as specified. 

The bill will provide those assessments made pursuant to the California Tourism Marketing Act and the Parking and Business Improvement Area Law of 1989, and business assessments made pursuant o the Property and Business Improvement District Law of 1994, are fees imposed by a government on the transaction for purposes of these provisions. 

This bill specifies that a lessor is not in violation of this prohibition against unlawfully advertising, displaying, or offering a price for a good or service because it excludes from the advertised, displayed, or offered lease payment a fee or charge in accordance with provision described above.

This bill specifies that a holder of a dealer’s license is not in violation of unlawful advertising, displaying or offering a price for a good or service for excluding from the advertised, displayed, or offered price of a vehicle, a tax, a vehicle registration fee.  The California tire fee, an emission testing charge not exceeding $50, an actual fee charged for a certificate, a finance charge, or a dealer document processing charge or charge to electronically register or transfer the vehicle.

This bill would specify that a motor vehicle manufacturer, or any other person, that advertises a motor vehicle manufacturer’s suggested retail price set by an automobile manufacturer, or lease payments based upon an MSP, does not, by doing so, violate the prohibitions described above relating to unlawful advertising displaying or offering a price for a good or service.

Status: (Enrolled) 2023-09-20 – Enrolled and presented to the Governor at 4:30 p.m

 

More to follow until October 14th: Governor’s deadline to sign, veto, or allow to become law without his signature.

 

Legislative Portal links- Express your support or opposition to a bill or directly to the Legislative committee currently reviewing it (as an individual, not as a member of GSRW) – click here, or the bill’s author click here, enter your bill # and look for tab at top of the bill page labeled “Comments to Author”.


 

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