Home » CAPITOL UPDATE #9 – February 29, 2024

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CAPITOL UPDATE #9 – February 29, 2024

 , 2024

Golden State Republican Women
Janet Price, President

        Submitted by the GSRW Legislative Analyst Committee        
Valerie Evans,
Lou Ann Flaherty and Elaine Freeman, 
  

HAPPY LEAP YEAR

DON’T FORGET TO VOTE MARCH 5, 2024

FIREARMS: ANNUAL REGISTRATION OF FIREARMS

SB 1160 introduced February 14, 2024, Senator Anthony Portantino.

This bill would require every firearm in the state, except those specifically exempted, to be annually registered [by the owner of that firearm] with the department. The bill would require the registrant to annually pay a fee, as specified, to be deposited into a special fund that is continuously appropriated to the department for the express purpose of carrying out the administration and enforcement of the firearm registry. The bill would require the department to establish and maintain a system for the annual registration of firearms and would require the department to make registration information available to other law enforcement agencies, as specified. The bill would require the department to make reasonable efforts to notify firearms dealers, firearm owners, and the general public regarding registration requirements.

This bill would specify that registration shall not be deemed evidence that the registrant is lawfully permitted to own or possess the registered firearm nor that they are the lawful owner of the firearm. The bill would also, consistent with existing federal law, prohibit the use of certain federal records in establishing or enforcing the registry.

This bill would prohibit possession of an unregistered firearm, a violation of which would be punishable as an infraction.

  • Any person choosing not to register a firearm they own may surrender the firearm to any local law enforcement agency.
  • Commencing on July 1, 2025, any person who owns, possesses, or has custody or control over any firearm subject to registration pursuant to this division that is not currently registered is guilty of an infraction punishable by a fine of one thousand dollars ($1,000).
  • The department shall establish the Registered Firearm File, a searchable database of registered firearms that shall be made available through the California Law Enforcement Telecommunications System for legitimate law enforcement purposes.

Background: The Firearms Owners’ Protection Act of 1986 (signed by President Reagan) 18 U.S. Code Section 926 states

        “No such rule or regulation prescribed after the date of the enactment of the Firearms Owners’ Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established.”

Senator Portantino attempts to skirt federal law by simply adding “Pursuant to Section 926 of Title 18 of United States Code, the department shall not use any records described in that section for the establishment, maintenance, or enforcement of the system of firearm registration established by this division.”

HOUSING

SB 684 was signed by the Governor into law on 10/11/23. 

Land use: streamlined approval processes: development projects of 10 or fewer residential units on urban lots under 5 acres.

It is being presented now because it changes land use at the local level.

Prior to SB 684 the Subdivision Map Act vested the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval, or disapproval, and filing of tentative, final, and parcel maps, and the modification thereof.

The bill requires a local agency to ministerially consider without discretionary review or a hearing, a parcel map (4 lots or less) or a tentative (5 or more lots) and final map for a housing development project that meets specified requirements.  It requires the proposed subdivision to result in 10 or fewer residential units, meet certain minimum parcel size and density requirements, and be located on a lot zoned for multifamily residential development that is not larger than 5 acres and is substantially surrounded by qualified urban uses.  (In-fill project). 

The bill exempts the housing project from certain requirements relating to minimum parcel size and dimensions and the formation of a homeowner’s association.  The bill authorizes a local agency to impose on the housing development objective zoning standards, objective subdivision standards, or objective design standards that are related to a housing development or to the design or improvement of a parcel. 

However, the bill prohibits a local agency from imposing on the housing development certain standards, including those that physically preclude the development of a project built to specified densities, impose a requirement that applies to a project solely or partially on the basic housing development receives approval or impose certain requirements related to parking, setbacks, or floor area ratios.

The bill also imposes streamlining requirements with regard to consideration of an application for a parcel map or tentative map and final map.  A further loss of local control.

 MORE ELECTION INFORMATION

SB 409 (Newman D) Elections: candidates’ statement

This bill would require the Secretary of State to establish, on or before January 1, 2026, a pilot program that would allow a candidate to include a Q code link, to a video statement in the state voter information guide.  This bill would require the Secretary of State to seek to collaborate with at least one but not more than four, county elections offices from geographically diverse counties to establish a similar program for county voter information guides.  The bill would require a participating county to report to the Secretary of State about the effectiveness of the program and for the Secretary of State and for the Secretary of State to provide a report to the Legislature.

 

SB 518 (Wilk R) Elections: certification of results

Existing law requires the canvass of an election to commence no later than the Thursday following the election and shall continue daily, Saturdays, Sundays, and holidays excepted, for not less than 6 hours each day, until completed.  Existing law requires the elections official to prepare a certified statement of the results of the election and submit that certified statement to the governing body within 30 days of the election. 

This bill would instead require the elections official to submit the certified statement of the results of the election on the 30th calendar day following the election. 

SB 551, as amended, Portantino. Beverage containers: recycling.

The California Beverage Container Recycling and Litter Reduction Act requires plastic beverage containers sold by a beverage manufacturer, as specified, to contain a specified average percentage of postconsumer recycled plastic per year. The act requires the manufacturer of a beverage sold in a plastic beverage container subject to the California Redemption Value to report to the Department of Resources Recycling and Recovery certain information about the amounts of virgin plastic and postconsumer recycled plastic used for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year. Existing law provides that a violation of the act or a regulation adopted pursuant to the act is a crime.

This bill would authorize certain beverage manufacturers to submit with other beverage manufacturers a consolidated report that identifies the post consumer recycled plastic content for beverage containers and the amounts of  virgin plastic and postconsumer recycled plastic used in beverage containers, as specified. The bill would require the consolidated report to be submitted under penalty of perjury. The bill would authorize the department to adopt regulations to implement the bill’s provisions, as specified. Because these provisions would expand the scope of a crime and would create a new perjury crime, the bill would impose a state-mandated local program.

Do we see prices rising??


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 RW or 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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