Best Best & Krieger News Feedhttp://bbklaw.wiseadmin.biz/?t=39&format=xml&directive=0&stylesheet=rss&records=20&LPA=448Best Best and Krieger is a Full Service Law Firmen-us12 May 2024 00:00:00 -0800firmwisehttp://blogs.law.harvard.edu/tech/rss2016 Municipal Finance Institutehttp://bbklaw.wiseadmin.biz/?t=40&an=60447&format=xml<br /> Join Best Best &amp; Krieger LLP at the League of California Cities 2016 Municipal Finance Institute in Monterey, Calif.<br /> <br /> <strong>BB&amp;K Speakers:</strong><br /> <br /> <strong>William Priest</strong> and <strong>Sigrid Asmundson</strong><br /> <em>&ldquo;Show Me the Money! &ndash; Enhanced Revenue Options for Cities&rdquo;</em><br /> Various revenue enhancement options available to cities will be addressed. Hear a discussion of the legal procedures for adopting new or increased general and special taxes, special benefit property assessments and fees under applicable law (such as Proposition 218 and AB 1600). Current issues surrounding certain revenue sources, such as transient occupancy/hotel and utility user&rsquo;s taxes in the &ldquo;Internet world,&rdquo; as well as recent decisions concerning water, sewer and other utility rates will be covered. Additionally, learn about the rules governing permissible versus impermissible use of public funds to inform the public and encourage voter participation.<br /> Wednesday, Nov. 30<br /> 10:30 - 11:15 a.m.<br /> <br /> <strong>When</strong><br /> Wednesday, Nov. 30 - Thursday, Dec. 1<br /> <br /> <strong>Where</strong><br /> Monterey Marriott<br /> 350 Calle Principal<br /> Monterey, CA 93940<br /> <br /> For more information and to register, <a href="http://www.cacities.org/Education-Events/Municipal-Finance-Institute" target="_blank"><span style="color: rgb(0, 0, 255);">click here</span></a>. <br />Conferences & Speaking Engagements30 Nov 2016 00:00:00 -0800http://bbklaw.wiseadmin.biz/?t=40&an=60447&format=xmlSacramento Transportation Sales Tax Mailers Stir Questionshttp://bbklaw.wiseadmin.biz/?t=40&an=60505&format=xml<strong>By Tony Bizjak</strong><br /> <br /> Several Sacramento County governments recently sent residents mailers about Measure B, the transportation sales tax proposal on the November ballot. Measure B opponents argue these mailers represent an improper use of public funds to try to sway the vote.<br /> <br /> The law is clear that governments are not allowed to use public funds to advocate for a &ldquo;yes&rdquo; or &ldquo;no&rdquo; vote on ballot measures. But the statutes do allow them to educate the public on ballot issues as long as the city or county doesn&rsquo;t &ldquo;urge a particular result.&rdquo;<br /> <br /> &ldquo;It can be a fuzzy line,&rdquo; said Jim Priest, an election law attorney with Best Best &amp; Krieger in Southern California. He advises his local government clients that put out mailers to keep them factual, with straightforward language, and not offer any hint of which way people should vote. That advice, he said, is based on state court rulings. Such &ldquo;informational&rdquo; mailers are common, he and several other election law attorneys said.<br /> <br /> <em>Read the entire article, which ran in the Oct. 23, 2016 Sacramento Bee, by </em><a href="http://www.sacbee.com/news/local/transportation/back-seat-driver/article110044497.html" target="_blank"><em><span style="color: rgb(0, 0, 255);">clicking here</span></em></a><em>.</em>BB&K In The News23 Oct 2016 00:00:00 -0800http://bbklaw.wiseadmin.biz/?t=40&an=60505&format=xmlU.S. Supreme Court Holds States and Localities May Continue to Draw Voting Districts Based on Total Populationhttp://bbklaw.wiseadmin.biz/?t=40&an=52034&format=xml<p>This week, the U.S. Supreme Court issued an important decision in <a target="_blank" href="http://www.supremecourt.gov/opinions/15pdf/14-940_ed9g.pdf"><span style="color: rgb(0, 0, 255);"><i>Evenwel v. Abbott </i></span></a>clarifying that state and local jurisdictions can legally continue to draw voting areas using total population, as opposed to using figures limited to only eligible voters in the jurisdiction. However, the decision does <i>not</i> provide that total population is the <i>only</i> standard upon which voting areas can be based, leaving the door to this controversial issue open for now.</p> <p>While we expect issues associated with voting rights to continue to be a hot topic in the courts in the foreseeable future, the Court&rsquo;s decision in <i>Evenwel</i> is welcome news to states and localities across the country that currently use total population, as opposed to voter-eligible population, to draw voting areas. The fact that an adverse ruling would have &ldquo;upset a well-functioning approach to districting that all 50 states and countless local jurisdictions have long followed&rdquo; appears to have played a role in the Court&rsquo;s decision. Needless to say, a contrary finding would have resulted in significant financial impacts as new voting areas would need to be drawn without any guidance or examples available for voting areas based on voter-eligible population.</p> <p>Currently, a number of California cities, school districts and special districts face legal challenges under the California Voting Rights Act (California Elections Code section 14025 <i>et seq</i>.). While the CVRA is a &ldquo;far from perfect&rdquo; law, as noted in its signing message, it should not be ignored by public agencies, particularly because it allows a prevailing plaintiff to recover reasonable attorneys&rsquo; <i>and</i> expert witness fees.</p> <p>Due to the high financial risk associated with a lawsuit under the CVRA, some public entities are voluntarily converting from at-large election systems (where all voters within a jurisdiction elect all governing body members) to voting-area election systems (where a jurisdiction is divided into voting areas and voters within a specific voting area only vote for a governing body member from the voting area), which are the only recognized &ldquo;safe harbor&rdquo; under the CVRA. In doing so, public entities can ensure they retain control over the drawing of voting areas, rather than ceding that control to a court or potential plaintiffs. The Supreme Court&rsquo;s decision simplifies the already sensitive endeavor by a city, school district or special district of evaluating compliance with the CVRA and potentially changing election systems. Additionally, it prevents voting areas having to be immediately redrawn by those entities that just completed a change to a new election system.</p> <p>Although the Supreme Court decision &ldquo;unanimously&rdquo; upholds that total population is an appropriate measure for drawing voting areas, the Court left the door open for voting maps to alternatively be drawn using voter-eligible population. Whether such an approach is constitutional will be left for a future Supreme Court decision. In the meantime, states and localities have clarification that they can continue drawing voting areas with equal total population.</p> <p>For more information about this decision and how they may impact your agency, contact the authors of this Legal Alert listed at the right in the firm&rsquo;s <a href="http://www.bbklaw.com/?t=5&amp;LPA=489&amp;format=xml" target="_blank"><span style="color: rgb(0, 0, 255);">Municipal Law</span></a> and <a target="_blank" href="http://www.bbklaw.com/?t=5&amp;LPA=487&amp;format=xml"><span style="color: rgb(0, 0, 255);">Special District</span></a> practice groups, or your <a href="http://www.bbklaw.com/?p=2099" target="_blank"><span style="color: rgb(0, 0, 255);">BB&amp;K attorney</span></a>.<br /> <br /> Please feel free to share this Legal Alert or subscribe by <a target="_blank" href="http://www.bbklaw.com/?p=2121"><span style="color: rgb(0, 0, 255);">clicking here</span></a>. Follow us on Twitter <a href="https://twitter.com/BBKlaw" target="_blank"><span style="color: rgb(0, 0, 255);">@BBKlaw</span></a>.<br /> <i><br /> Disclaimer: BB&amp;K Legal Alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqu&eacute;.</i></p>Legal Alerts06 Apr 2016 00:00:00 -0800http://bbklaw.wiseadmin.biz/?t=40&an=52034&format=xmlElection Law Primerhttp://bbklaw.wiseadmin.biz/?t=40&an=49934&format=xml<p>Best Best &amp; Krieger LLP attorneys William Priest and Sigrid Asmundson will present &ldquo;Election Law Primer&rdquo; as a free webinar.</p> <p><strong>The webinar will cover</strong>:</p> <ul> <li>The election of council/board members and other elected officers</li> <li>The recall process for elected officers</li> <li>Initiative measures (placed on the ballot either by citizens&rsquo; petition or by the council/board)</li> <li>Referendum of ordinances and other legislative acts</li> <li>Rules regarding permissible and impermissible spending of government resources during an election (information versus advocacy)&nbsp;</li> </ul> <p><strong>Who Should Attend:</strong></p> <ul> <li>Elected Officials</li> <li>City Attorneys</li> <li>County Counsel</li> <li>City and County Administration</li> <li>City Managers</li> </ul> <p><strong>When:</strong><br /> Thursday, March 10<br /> 10&nbsp; &ndash; 11: 30 a.m.<br /> <br /> To see a recording of this webinar, <a target="_blank" href="https://youtu.be/cKvBR6h5WIE"><span style="color: rgb(0, 0, 255);">click here</span></a>.</p>Seminars and Webinars10 Mar 2016 00:00:00 -0800http://bbklaw.wiseadmin.biz/?t=40&an=49934&format=xmlCalifornia Court Interprets Stockton’s Term Limit Non-Cumulatively to Allow Repeat Runnershttp://bbklaw.wiseadmin.biz/?t=40&an=49809&format=xml<p>A California appellate court affirmed that the &ldquo;two term&rdquo; term limit provision in the City of Stockton&rsquo;s Charter was non-cumulative rather than cumulative. Consequently, a person may serve as city council member for two terms, followed by two terms as mayor, or vice versa, and rack up a total of 16 years on city council, according to <a target="_blank" href="http://www.courts.ca.gov/opinions/documents/C073482.PDF"><span style="color: rgb(0, 0, 255);"><i>White v. City of Stockton</i></span></a>, published Jan. 10 by the Third District Court of Appeal.</p> <p>Ralph White filed a petition to 1.) remove Ann Johnston as Stockton&rsquo;s mayor and 2.) stop her from running for reelection because she had served two terms as a council member prior to taking office as mayor. White cited the City&rsquo;s Charter, which includes a provision that limits the number of terms an individual can serve: &ldquo;No person elected as either mayor or council member shall be eligible to serve, or serve, as either mayor or council member for more than two terms&hellip;.&rdquo;</p> <p>At issue were two competing interpretations of the limit: whether the term limit provision focused on the individual office holder, and was a cumulative limit, or focused on the office of council member and mayor, respectively, and was non-cumulative. White argued that the language imposed a cumulative limit &ndash; whether the person holds the office of mayor or council member is irrelevant because both offices count toward the two-term limit (i.e., a person could be mayor for two terms, council member for two terms, or mayor for one term and council member for one term).</p> <p>The City, on the other hand, argued that the language imposed a non-cumulative limit that applied separately to the office of mayor and council member (i.e., a person could be mayor for two terms and subsequently serve as council member for two terms, or vice versa, so long as the person does not exceed the two-term limit on each office).</p> <p>The difference between cumulative and non-cumulative limits is stark. With a cumulative limit, a person could not hold either office more than twice, or a combination of each office more than once, resulting in a maximum of four years in office. However, a non-cumulative limit would allow a person to hold each office twice, resulting in a maximum of eight years in office (double the allowance under a cumulative limit).</p> <p>The appellate court found that the language did not contain a clearly written cumulative limitation, unlike language in the California Constitution, which bars a person from serving &ldquo;more than 12 years in the Senate, the Assembly, or both, in any combination of terms&hellip;.&rdquo; Noting the importance of a citizen&rsquo;s right to run for and hold public office, the court was bound to &ldquo;resolve any ambiguity in favor of the eligibility to run for office.&rdquo; The court also found that the City&rsquo;s non-cumulative limit interpretation to be a reasonable construction. Finally, the court examined extrinsic aids in the form of 1.) ballot materials, 2.) how the City applied the restriction and 3.) the Charter itself, to confirm the conclusion that the limit was meant to be non-cumulative.</p> <p>This case underscores the importance of careful drafting to ensure that the intent of a measure is not &ldquo;lost in translation.&rdquo; Indeed, the inclusion of five words could have changed the outcome of this case and the political landscape in the City of Stockton.</p> <p>For more information about this case or how it might impact your city or public agency, please contact one of the authors of this Legal Alert listed at the right in the firm&rsquo;s <a target="_blank" href="http://www.bbklaw.com/?t=5&amp;LPA=489&amp;format=xml"><span style="color: rgb(0, 0, 255);">Municipal Law</span></a> practice group, or your <a href="http://www.bbklaw.com/?p=2099" target="_blank"><span style="color: rgb(0, 0, 255);">BB&amp;K attorney</span></a>.</p> Please feel free to share this Legal Alert or subscribe by <a href="http://www.bbklaw.com/?p=2121" target="_blank"><span style="color: rgb(0, 0, 255);">clicking here</span></a>. Follow us on Twitter @bbklaw.<br /> <br /> <i>Disclaimer: BB&amp;K legal alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqu&eacute;.</i>Legal Alerts11 Feb 2016 00:00:00 -0800http://bbklaw.wiseadmin.biz/?t=40&an=49809&format=xmlNew California Laws Impacting Public Agencieshttp://bbklaw.wiseadmin.biz/?t=40&an=48656&format=xml<br /> There were many bills passed by California lawmakers this year that will impact municipalities and other public agencies. Follow the link below to read more about the bills that are of specific importance to your work. Please contact us for further information about the bills you see here, or any legal matters with which you need assistance. <br /> <br /> <u><strong>RECENT CHANGES<br /> </strong></u><br /> <strong>AB 1 - Drought: local governments: fines.</strong> Prohibits a city, county, or city and county from imposing a fine under any ordinance for a failure to water a lawn or having a brown lawn during a period for which the Governor has issued a proclamation of a state of emergency based on drought conditions. <br /> <br /> <strong>AB 2 - Community revitalization authority.</strong> Authorizes certain local agencies to form a community revitalization authority within a community revitalization and investment area, as defined, to carry out provisions of the Community Redevelopment Law in that area for purposes related to, among other things, infrastructure, affordable housing and economic revitalization. <br /> <br /> <strong>SB 21 - Political Reform Act of 1974: gifts of travel.</strong> Requires a nonprofit organization that regularly organizes and hosts travel for elected officials, as specified, and that pays for these types of travel for an elected state officer or local elected officeholder, to disclose the names of donors who, in the preceding year, both donated to the nonprofit organization and accompanied an elected officer or officeholder for any portion of the travel, as specified. The bill requires a person who receives a gift of a travel payment from any source to report the travel destination on his or her statement of economic interests. This bill contains other related provisions and other existing laws. <br /> <br /> <strong>SB 34 - Automated license plate recognition systems: use of data.</strong> This bill imposes specified requirements on an &quot;ALPR operator&quot; as defined, including, among others, maintaining reasonable security procedures and practices to protect ALPR information and implementing a usage and privacy policy with respect to that information, as specified. The bill imposes similar requirements on an &quot;ALPR end-user,&quot; as defined. This bill contains other related provisions and other existing laws. <br /> <br /> <strong>AB 57 - Telecommunications: wireless telecommunication facilities.</strong> Provides that a collocation or siting application for a wireless telecommunications facility is deemed approved if the city or county fails to approve or disapprove the application within the reasonable time periods specified in applicable decisions of the Federal Communications Commission, all required public notices have been provided regarding the application, and the applicant has provided a notice to the city or county that the reasonable time period has lapsed. This bill contains other existing laws. <br /> <br /> <strong>AB 69 - Peace officers: body-worn cameras</strong>. Requires law enforcement agencies to consider specified best practices when establishing policies and procedures for downloading and storing data from body-worn cameras, including, among other things, prohibiting the unauthorized use, duplication, or distribution of the data, and establishing storage periods for evidentiary and non-evidentiary data, as defined.<br /> <strong><br /> SB 88 - Water.</strong> Authorizes the State Water Resources Control Board to order consolidation with a receiving water system where a public water system, or a state small water system within a disadvantaged community, consistently fails to provide an adequate supply of safe drinking water. This bill also authorizes the Board to order the extension of service to an area that does not have access to an adequate supply of safe drinking water so long as the extension of service is an interim extension of service in preparation for consolidation. <br /> <br /> <strong>SB 107 - Local government.</strong> Current law dissolved redevelopment agencies and community development agencies as of Feb. 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, make payments due for enforceable obligations and to perform obligations required pursuant to any enforceable obligation. This bill provides that any action by the Department of Finance, that occurred on or after June 28, 2011, carrying out the Department's obligations under the provisions described above constitutes a Department action for the preparation, development, or administration of the State budget and is exempt from the Administrative Procedures Act. <br /> <br /> <strong>AB 169 - Local government: public records.</strong> If a local agency, except a school district, maintains an Internet resource, including, but not limited to an Internet website, Internet web page, or Internet web portal, which the local agency describes or titles as &quot;open data,&quot; and the local agency voluntarily posts a public record on that Internet resource, then this bill requires the local agency to post the public record in an open format that meets specified requirements, including, among others, that the format is able to be retrieved, downloaded, indexed, and searched by a commonly used Internet search application. <br /> <br /> <strong>AB 219 - Public works: concrete delivery. </strong>Current law defines &quot;public works,&quot; for purposes of requirements regarding the payment of prevailing wages for public works projects, to include, among other things, the hauling of refuse from a public works site to an outside disposal location with respect to contracts involving any state agency. This bill expands the definition of &quot;public works&quot; for these purposes to include the hauling and delivery of ready-mixed concrete, as defined, to carry out a public works contract, with respect to contracts involving any state agency or any political subdivision of the State. <br /> <br /> <strong>SB 239 - Local services: contracts: fire protection services</strong>. With certain exceptions, this bill permits a public agency to exercise new or extended services outside the public agency's jurisdictional boundaries pursuant to a fire protection contract, as defined, only if the public agency receives written approval from the local agency formation commission in the affected county. This bill contains other related provisions and other existing laws.<br /> <br /> <strong>AB 243 - Medical marijuana</strong>. Requires the Department of Food and Agriculture, the Department of Pesticide Regulation, the State Department of Public Health, the Department of Fish and Wildlife, and the State Water Resources Control Board to promulgate regulations or standards relating to medical marijuana and its cultivation, as specified. The bill also requires various state agencies to take specified actions to mitigate the impact that marijuana cultivation has on the environment. <br /> <br /> <strong>AB 266 - Medical marijuana.</strong> Enacts the Medical Marijuana Regulation and Safety Act for the licensure and regulation of medical marijuana and establishes, within the Department of Consumer Affairs, the Bureau of Medical Marijuana Regulation, under the supervision and control of the director of Consumer Affairs. The bill would require the director to administer and enforce the provisions of the Act. <br /> <br /> <strong>SB 272 - The California Public Records Act: local agencies: inventory. </strong>Requires each local agency, except a local educational agency, in implementing the California Public Records Act, to create a catalog of enterprise systems, as defined, to make the catalog publicly available upon request in the office of the person or officer designated by the agency's legislative body, and to post the catalog on the local agency's Internet website. <br /> <br /> <strong>AB 277 (&amp; SB 493) - Legislation narrows use of at-large elections to elect public officials.</strong> AB 277 codifies the holding in Jauregui v. City of Palmdale (2014) 226 Cal.App.4th 781 to prohibit the use of at-large elections in a political subdivision if it would impair the ability of a protected class to elect their chosen candidates or otherwise influence the outcome of an election. The definition of &ldquo;political subdivision&rdquo; has been amended to expressly include a charter city, charter county, or charter city and county.<br /> <br /> <strong>AB 313 - Enhanced infrastructure financing districts.</strong> Requires, after the adoption of a resolution of intention to establish a proposed district, the legislative body to send a copy of the resolution to the public financing authority. This bill would revise the duties of the public financing authority after the resolution of intention to establish the proposed district has been adopted, so that the public financing authority, instead of the legislative body, will perform the specified duties related to the preparation, proposal, and adoption of the infrastructure financing plan and the adoption of the formation of the district. <br /> <strong><br /> SB 331 &ndash; Public contracts: local agencies: negotiations.</strong> Enacts the Civic Reporting Openness in Negotiations Efficiency Act to establish specific procedures for the negotiation and approval of certain contracts valued at $250,000 or more for goods or services by cities, counties, cities and counties, or special districts that have adopted a civic openness in negotiations ordinance, defined as an ordinance imposing specified requirements as part of any collective bargaining process undertaken pursuant to the Meyers-Milias-Brown Act. The Act requires the designation of an independent auditor to review and report on the cost of any proposed contract. <br /> <strong><br /> SB 374 - Local agency design-build projects: transit districts.</strong> This bill specifies that the definition of a local agency authorized to use the design-build method of project delivery includes the San Diego Association of Governments. The bill defines projects, as it pertains to the San Diego Association of Governments, to include development projects adjacent, or physically or functionally related, to transit facilities developed by the association. <br /> <strong><br /> SB 383 &ndash; Civil actions: objections to pleadings. </strong>Requires a demurring party in certain civil actions, before filing the demurrer, to engage in a specified meet-and-confer process with the party who filed the pleading demurred to. This is for the purpose of determining whether an agreement can be reached as to the filing of an amended pleading that would resolve the objections to be raised in the demurrer. The bill prohibits a party from amending a complaint or cross-complaint more than three times in response to a demurrer filed before the case is at issue, except as specified. <br /> <br /> <strong>AB 401 - Low-Income Water Rate Assistance Program.</strong> Requires the State Water Resources Control Board, no later than Jan. 1, 2018, in collaboration with the State Board of Equalization and relevant stakeholders, to develop a plan for the funding and implementation of the Low-Income Water Rate Assistance Program, which includes specified elements. The bill permits the board to consider existing rate assistance programs authorized by the commission in developing the plan and authorizes the plan to include recommendations for other cost-effective methods of offering assistance to low-income water customers. <br /> <strong><br /> AB 402 &ndash; Local agency services: contracts.</strong> Establishes a pilot program, until Jan. 1, 2021, for the Napa and San Bernardino commissions that permits those commissions to authorize a city or district to provide new or extended services outside both its jurisdictional boundaries and its sphere of influence under specified circumstances. This bill contains other related provisions. <br /> <br /> <strong>SB 415 - Voter participation</strong>. Beginning Jan. 1, 2018, this law prohibits a political subdivision, as defined, from holding an election, other than on a statewide election date, if holding an election on a non-concurrent date has previously resulted in voter turnout for a regularly scheduled election in that political subdivision being at least 25 percent less than the average voter turnout within the political subdivision for the previous four statewide general elections, except as specified. This bill contains other related provisions. <br /> <br /> <strong>SB 493 (&amp; AB 277) - Legislation narrows use of at-large elections to elect public officials. </strong>SB 493 authorizes the legislative body of a city with a population of fewer than 100,000 people to adopt an ordinance that requires the members of the legislative body to be elected by district without submitting the ordinance to the voters for approval.<br /> <br /> <strong>SB 533 - Cities and counties: sales and use tax agreements</strong>. Repeals a specified prohibition of the Bradley-Burns Uniform Local Sales and Use Tax Law and instead prohibits, on or after Jan. 1, a local agency from entering into any form of agreement that would result, directly or indirectly, in the payment, transfer, diversion, or rebate of Bradley-Burns local tax revenues to any person, as defined, for any purpose, if the agreement results in a reduction in the amount of Bradley-Burns local tax revenues that, in the absence of the agreement, would be received by another local agency and the retailer continues to maintain a physical presence within the territorial jurisdiction of that other local agency, with specified exceptions. <br /> <br /> <strong>AB 552 - Public works contracts: damages</strong>. Among other things, this bill provides that a public works contract, entered into on or after Jan. 1, that contains a clause expressly requiring a contractor to be responsible for delay damages, as defined, is not enforceable unless the delay damages have been liquidated to a set amount and identified in the public works contract. Under the bill, these provisions do not apply to specified state agencies. The bill also makes findings and declarations related to public contracts. <br /> <br /> <strong>SB 555 - Urban retail water suppliers: water loss management.</strong> This bill requires each urban retail water supplier, on or before Oct. 1, 2017, and on or before Oct. 1 of each year thereafter, to submit a completed and validated water loss audit report for the previous calendar year or previous fiscal year as prescribed by rules adopted by the Department of Water Resources on or before Jan. 1, 2017, and updated as provided. The bill requires the Department to post all validated water loss audit reports on its website in a manner that allows for comparisons across water suppliers and to make these reports available for public viewing. <br /> <strong><br /> SB 570 - Personal information: privacy: breach.</strong> Current law requires a person, business, or agency that is required to issue a security breach notification to meet specific requirements, including that the notification be written in plain language. This bill additionally requires the security breach notification to be titled &quot;Notice of Data Breach&quot; and to present the information under prescribed headings. The bill prescribes a model security breach notification form, as specified. <br /> <br /> <strong>AB 594 - Political Reform Act of 1974: campaign statements</strong>. Recasts the requirements for filing pre-election statements and repeals other reporting requirements, including supplemental pre-election statements and supplemental independent expenditure reports. This bill contains other related provisions and other existing laws. <br /> <br /> <strong>AB 622 - Employment: E-Verify system: unlawful business practices</strong>. Expands the definition of an unlawful employment practice to prohibit an employer or any other person or entity from using the E-Verify system at a time or in a manner not required by a specified federal law or not authorized by a federal agency memorandum of understanding to check the employment authorization status of an existing employee or an applicant who has not received an offer of employment, except as required by federal law or as a condition of receiving federal funds. <br /> <br /> <strong>SB 643 - Medical marijuana.</strong> Sets forth standards for a physician and surgeon prescribing medical cannabis and requires the Medical Board of California to prioritize its investigative and prosecutorial resources to identify and discipline physicians and surgeons that have repeatedly recommended excessive cannabis to patients for medical purposes or repeatedly recommended cannabis to patients for medical purposes without a good faith examination, as specified. The bill requires the Bureau of Medical Marijuana to require an applicant to furnish a full set of fingerprints for the purposes of conducting criminal history record checks. <br /> <br /> <strong>SB 664 - Water: urban water management planning.</strong> This bill requires an urban water supplier to include within its plan, beginning Jan. 1, 2020, a seismic risk assessment and mitigation plan to assess the vulnerability of each of the various facilities of a water system and mitigate those vulnerabilities. This bill also authorizes an urban water supplier to comply with this requirement by submitting a copy of the most recently adopted local hazard mitigation plan or multi-hazard mitigation plan under specified federal law that addresses seismic risk. <br /> <br /> <strong>AB 744 - Planning and zoning: density bonuses.</strong> Current law prohibits a city, county, or city and county from requiring a vehicular parking ratio for a housing development that meets specified criteria in excess of specified ratios. Notwithstanding the above-described provisions, this bill additionally prohibits, at the request of the developer, a city, county, or city and county from imposing a vehicular parking ratio, inclusive of handicapped and guest parking, in excess of .5 spaces per bedroom on a development that includes the maximum percentage of low- or very low-income units, as specified, and is located within 1/2 mile of a major transit stop, as defined, and there is unobstructed access to the transit stop from the development. <br /> <br /> <strong>SB 761 - Advertising: Internet private residence rental listings: notice. </strong>Requires a hosting platform, as defined, to provide a specific notice to an occupant listing a residence for short-term rental on a hosting platform that states, among other things, that, if the occupant is a tenant, listing the room, home, condominium, or apartment may violate the lease or contract and could result in legal action by the landlord, including possible eviction. <br /> <br /> <strong>AB 809 - Local initiative measures: ballot printing specifications. </strong>Current law requires that the ballots used when voting on a proposed county, city, or district ordinance submitted to the voters as an initiative measure have printed on them specified text relating to the proposed ordinance and dictates the placement of that text. This bill also requires that, if the ordinance proposes to impose a tax or raise the rate of a tax to be levied, the ballot include in the statement of the ordinance the amount of money to be raised annually and the rate and duration of the tax to be levied. <br /> <br /> <strong>AB 848 - Alcoholism and drug abuse treatment facilities.</strong> Current law requires the State Department of Health Care Services to license adult alcoholism or drug abuse recovery or treatment facilities, as defined. This bill authorizes an adult alcoholism or drug abuse recovery or treatment facility that is licensed under those provisions to allow a licensed physician and surgeon or other health care practitioner, as defined, to provide incidental medical services, as defined, to a resident of the facility at the facility premises under specified limited circumstances.<br /> <br /> <strong>AB 851 - Local government: organization: disincorporations.</strong> Current law authorizes a local agency that is conducting proceedings for the incorporation of a city, formation of a district, change of organization, a reorganization, a change of organization of a city, or a municipal reorganization to propose the adoption of a special tax on behalf of the affected city or district in accordance with this procedure. This bill additionally authorizes a local agency conducting proceedings for the disincorporation of a city to propose the adoption of a special tax on behalf of an affected city in accordance with the above-described procedure.<br /> <strong><br /> AB 852 - Public works: prevailing wages.</strong> Expands the definition of &quot;public works,&quot; for the purposes of provisions relating to the prevailing rate of per diem wages, to also include any construction, alteration, demolition, installation, or repair work done under private contract on a project for a general acute care hospital, except on a project for a rural general acute care hospital with a maximum of 76 beds, when the project is paid for, in whole or in part, with the proceeds of conduit revenue bonds, as defined, that were issued on or after Jan. 1, 2016. This bill contains other related provisions and other existing laws. <br /> <br /> <strong>AB 856 - Invasion of privacy. </strong>Expands liability for physical invasion of privacy to additionally include a person knowingly entering into the airspace above the land of another person without permission, as provided. <br /> <br /> <strong>AB 901 - Solid waste: reporting requirements: enforcement</strong>. The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. This bill revises specified provisions by, among other things, 1.) requiring recycling and composting operations and facilities to submit specified information directly to the Department, rather than to counties, 2.) requiring disposal facility operators to submit tonnage information to the Department, and to counties only on request, and 3.) deleting the requirement for counties to submit that information to cities, regional agencies and the Department. <br /> <br /> <strong>AB 952 - Local government: vacancies</strong>. Provides that if a city council fills a vacancy in an elective office by appointment, and that vacancy occurred in the first half of the term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy holds office until the next general municipal election at which a person is elected to fill that vacancy, and thereafter, until the person elected is qualified. <br /> <br /> <strong>AB 953 - Law enforcement: racial profiling</strong>. Enacts the Racial and Identity Profiling Act of 2015, which, among other changes, revises the definition of racial profiling to instead refer to racial or identity profiling, and makes a conforming change to the prohibition against peace officers engaging in that practice. <br /> <strong><br /> AB 990 - Political Reform Act of 1974: advertisement disclosures. </strong>The Political Reform Act of 1974 imposes various disclosure statement requirements with respect to advertisements supporting or opposing a candidate or ballot measure. This bill requires that disclosure statements be printed in no less than 14-point bold, sans serif type font. The bill requires that an advertisement supporting or opposing a candidate that is paid for by an independent expenditure include a disclosure statement with specific content and, if the advertisement is mailed, it requires that the disclosure statement be located within a quarter of an inch of the recipient's name and address and be contained within a box that meets prescribed criteria. <br /> <br /> <strong>AB 1020 (&amp; AB 1461) - Expanded options for voter registration</strong>. AB 1020 authorizes persons to pre-register to vote in an election if that person is at least 16 years of age and makes other voter registration changes applicable to local elections officials.<br /> <strong><br /> AB 1077 - Mutual water companies: open meetings.</strong> Prohibits a mutual water company from meeting solely in an executive session without holding a meeting. The bill requires notice of a meeting to be given to an eligible person at least four days prior to the meetings. The bill also requires a board of directors of a mutual water company to allow an eligible person to personally attend a meeting of the board, if the eligible person gave the board at least 24 hours advance written notice of his or her intent to personally attend the meeting. <br /> <br /> <strong>AB 1119 - Public utilities: municipal corporations: rights of way</strong>. Requires a municipal corporation, before using any street, alley, avenue or highway within any other municipal corporation or county, to request of the municipal corporation or county that has control over the street, alley, avenue or highway to agree with it upon the location of the use and the terms and conditions to which the use shall be subject. This bill contains other related provisions and other existing laws. <br /> <br /> <strong>AB 1164 - Water conservation: drought tolerant landscaping</strong>. Prohibits a city, including a charter city, county, and city and county, from enacting or enforcing any ordinance or regulation that prohibits the installation of drought tolerant landscaping, synthetic grass or artificial turf on residential property, as specified. The bill additionally states that this is an issue of statewide concern. This bill contains other related provisions. <br /> <br /> <strong>AB 1191 &ndash; Quimby Act: fees</strong>. This bill defines the term &quot;fee,&quot; as used in the Quimby Act with regard to the expenditure of fees, to include any interest income generated from a fee charged and collected pursuant to that Act. The bill provides that these provisions are declaratory of current law. <br /> <br /> <strong>AB 1194 - Mental health: involuntary commitment</strong>. Under the Lanterman-Petris-Short Act, when a person, as a result of mental health disorder, is a danger to others, or to himself or herself, or gravely disabled, he or she may, upon probable cause, be taken into custody and placed in a facility for 72-hour treatment and evaluation. This bill provides that, when determining if a person should be taken into custody pursuant to specified provisions, the individual making that determination shall consider available relevant information about the historical course of the person's mental disorder if the individual concludes that the information has a reasonable bearing on the determination, and that the individual shall not be limited to consideration of the danger of imminent harm.<br /> <strong><br /> AB 1222 - Tow trucks</strong>. Current law makes it a misdemeanor for the owner or operator of a tow truck to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, or to furnish any towing services, unless summoned to the scene, requested to stop, or flagged down by the owner or operator of a disabled vehicle, or requested to perform the service by a law enforcement officer or public agency pursuant to that agency's procedures. This bill applies those provisions to a towing company.<br /> <br /> <strong>AB 1303 - Subdivision Map Act: map expiration dates</strong>. Extends, by 24 months, the expiration date of any approved tentative map or vesting tentative map that was approved on or after Jan. 1, 2002, and not later than July 11, 2013, within a county that meets certain criteria, except as specified. The bill additionally requires the extension of an approved or conditionally approved tentative map or vesting tentative map, or parcel map for which a tentative map or vesting tentative map was approved on or before Dec. 31, 2001, upon application by the subdivider at least 90 days prior to the expiration of the map, as specified. <br /> <br /> <strong>AB 1358 &ndash; School facilities: design-build contracts</strong>. Current law authorizes the governing board of a school district, until Jan. 1, 2020, and upon a determination by the governing board of the school district that it is in the best interest of the school district, to enter into a design-build contract for both the design and construction of a school facility if that expenditure exceeds $2.5 million, as provided. This bill makes those provisions inoperative on July 1, 2016, and as of that date, instead authorizes, until Jan. 1, 2025, a school district, with the approval of the governing board of the school district, to procure design-build contracts for public works projects in excess of $1 million, awarding the contract to either the low bid or the best value, as provided. <br /> <br /> <strong>AB 1431 - Local Agency Public Construction Act: job order contracting</strong>. The Local Agency Public Construction Act authorizes job order contracting, as provided, by the Los Angeles Unified School District, until Dec.31, 2020. This bill repeals the provisions relating to the LAUSD and instead authorizes job order contracting in a similar manner for school districts until Jan. 1, 2022. <br /> <strong><br /> AB 1461 (&amp; AB 1020) - Expanded options for voter registration</strong>. AB 1461 requires the Secretary of State and Department of Motor Vehicles to establish the California New Motor Voter Program. Under this program, the DMV is required to electronically provide to the Secretary of State the records of a person issued an original or renewal driver&rsquo;s license or state identification card. That person is automatically registered to vote unless s/he affirmatively declines to be registered to vote or is deemed to be ineligible to vote.<br /> <strong><br /> AB 1533 - Infrastructure financing</strong>. The Bergeson-Peace Infrastructure and Economic Development Bank Act makes findings and declarations, provides definitions and authorizes the board to take various actions in connection with the bank, including the issuance of bonds, as specified. This bill, among other things, revises the definition of economic development facilities to include facilities that are used to provide goods movement and defines goods movement-related infrastructure. The bill revises the definition of port facilities to specifically reference airports, landports, waterports and railports. <br /> <strong><br /> AB 1544 - Political Reform Act of 1974: behested payments</strong>. The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing and related matters, including campaign contributions, as defined. This bill provides that the provision relating to payments made by a government agency exclusively governs a payment by a governmental agency that is made principally for legislative or governmental purposes at the behest of a candidate who is an elected officer, and consequently the payment is not subject to the reporting requirement that applies generally to payments made for legislative, governmental, or charitable purposes. <br /> <br /> For more information, contact the authors of this Legal Alert listed at right in the firm&rsquo;s <a target="_blank" href="http://www.bbklaw.com/?t=5&amp;LPA=489&amp;format=xml"><span style="color: rgb(0,0,2Legal Alerts18 Dec 2015 00:00:00 -0800http://bbklaw.wiseadmin.biz/?t=40&an=48656&format=xmlInitiatives and Referendumshttp://bbklaw.wiseadmin.biz/?t=40&an=32239&format=xml<p>BB&amp;K Partner Kara Ueda&nbsp;was among the presenters at the League of California Cities&rsquo; New Law &amp; Elections Seminar<span>, which&nbsp;was held Dec. 3-5, 2014. She provided an overview of the initiative process, including the roles of city clerks, city attorneys, city councils and initiative proponents, as well as considerations for potential and actual litigation.</span></p> <p><b>When<br /> </b>Dec. 4, 2014<br /> 1:45-5 p.m.</p> <p><b>Where<br /> </b>Hyatt Regency Monterey</p> <p>For more information, visit the LCC&rsquo;s City Clerks New Law &amp; Elections Seminar page by <a target="_blank" href="http://www.cacities.org/Education-Events/City-Clerks-New-Law-Elections-Seminar"><span style="color: #0000ff">clicking here</span></a>.</p>Conferences & Speaking Engagements04 Dec 2014 00:00:00 -0800http://bbklaw.wiseadmin.biz/?t=40&an=32239&format=xmlUse of School Grounds for Campaign and Election Activitieshttp://bbklaw.wiseadmin.biz/?t=40&an=34449&format=xml<p>With the election just days away, school superintendents, board members, administrators and principals are often confronted with requests to permit electioneering activity on campus, or even the uninvited appearances of candidates or citizens campaigning for a candidate or proposition on the ballot.</p> <p>Public schools are first and foremost educational institutions, but they are also public places and &ldquo;civic centers,&rdquo; and often serve as polling locations. So, what are the laws that guide access for electioneering activity?</p> <p>Education Code section 7054 provides that no school district funds, services, supplies or equipment shall be used for the purpose of urging the support or defeat of any ballot measure or candidate, including a candidate for the school&rsquo;s governing board. This statute does not address the use of, or access to, school property that would not involve the expenditure of district funds for, for example, facilities costs, security, clean-up, etc. Further, the legislative findings made when the statute was adopted reveals that it was intended to prohibit using &ldquo;public funds in election campaigns.&rdquo; Mere temporary or incidental use of school property or access to it for electioneering activities would not seem to be within the scope&nbsp;of the statute.</p> <p>However, Education Code section 7055 empowers the governing board of a school district to establish rules and regulations for &ldquo;political activities on the premises&rdquo; of the school district. In an opinion issued in 2001, the Attorney General has construed this statute as permitting &ldquo;regulation of political activities occurring on school premises.&rdquo; Thus, a district board is empowered to prohibit or restrict use of school grounds for political activity or to permit it within guidelines as to time, place and manner. And, while no court has construed this law with respect to regulation of political activities on school premises, it seems self-evident that any regulation would have to be &ldquo;content neutral&rdquo; in the sense of equally permitting or prohibiting activity regardless of position or viewpoint of the political advocacy. (In <i>Reeves v. Rocklin School Dist.</i>, handed down in 2003, the Appellate Court held that schools are nonpublic forums that may be off limits to political activity or regulated as to access, but holding any regulation must be content neutral.)</p> <p>Education Code section 32211 allows a school administrator to eject any person from school grounds who is disrupting the operation of the school, and this includes those purporting to exercise First Amendment, the media or political groups. In addition, case law has held that school access is limited, and anyone who fails to register and identify themselves while visiting campuses during school hours could be charged with a misdemeanor.</p> <p>Finally, Elections Code section 12283 authorizes use of a school facility as a polling place, which triggers restrictions on activities in and around polling places. These include restricting solicitation of potential voters and posting of signs within 100 feet of a polling place</p> <p>For more information on campaign and election activities on school grounds or other election law questions, please contact one of the attorney authors of this legal alert listed at right in the firm&rsquo;s <a target="_blank" href="http://www.bbklaw.com/?t=5&amp;LPA=1139&amp;format=xml"><span style="color: #0000ff">Public Policy and Ethics Compliance</span></a>, <a target="_blank" href="http://www.bbklaw.com/?t=5&amp;LPA=488&amp;format=xml"><span style="color: #0000ff">Education Law</span></a> or <a target="_blank" href="http://www.bbklaw.com/?t=5&amp;LPA=448&amp;format=xml"><span style="color: #0000ff">Elections Law</span></a> practice groups or your <a target="_blank" href="http://www.bbklaw.com/?p=2099"><span style="color: #0000ff">BB&amp;K attorney</span></a>.</p> <p><i>Disclaimer: BB&amp;K legal alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqu&eacute;.</i></p>Legal Alerts27 Oct 2014 00:00:00 -0800http://bbklaw.wiseadmin.biz/?t=40&an=34449&format=xmlTo Campaign or Not to Campaign: A Refresherhttp://bbklaw.wiseadmin.biz/?t=40&an=34281&format=xml<p><b><i>By Scott C. Smith and Matthew Richardson, Best Best &amp; Krieger LLP</i></b></p> <p>As November elections and some major ballot measures loom, and as 2016 general election candidates start copping to &ldquo;thinking about a run,&rdquo; now seems a good time to revisit the impartiality required of public agencies and their employees when it comes to election ballot matters.</p> <p>Running afoul of these important laws regarding the use of public funds and advocacy can land a public agency and/or its employees in hot water, but compliance really just requires some common sense and presence of mind.</p> <p><b>Use of Public Funds</b></p> <p>California law allows public agencies to expend public money and resources to educate voters on matters included on an upcoming ballot. State law does not permit using public money or resources to advocate on behalf of, or attempt to influence voters on election matters. In short, a public agency may not encourage &ldquo;yes&rdquo; or &ldquo;no&rdquo; votes, but may expend public funds on informational activities that provide a fair representation of the facts surrounding a ballot measure. In short, education is permitted; advocacy is not.</p> <p>The prohibition on the use of public funds for traditional campaigning purposes is founded on the principle that proponents and opponents of a local proposition have an equal right and interest in the use of local public monies and resources. Selective and imbalanced use of public funds in election campaigns improperly distorts the democratic process.</p> <p>Although no particular rule governs every case, the following factors help distinguish between improper campaigning activities and proper, informational activities:</p> <ul type="disc"> <li>Balanced Presentation. Legitimate informational activities are those that present information relevant to both sides of an issue, including potentially positive and negative impacts. One way to ensure a balanced presentation is to provide measure opponents (who, by definition, might not have had a hand in crafting the ballot measure)actual access to publications so they may provide their contrary point of view.</li> </ul> <ul type="disc"> <li>Campaign Materials. Public monies should not fund items such as bumper stickers, posters, advertising floats or television or radio spot surging a particular vote on a measure.</li> </ul> <ul type="disc"> <li>Public Meetings. The agency&rsquo;s view on a measure may be expressed at a noticed public meeting because individuals in opposition to the agency&rsquo;s view are afforded an opportunity to speak out. In this situation, the agency is not limited to providing a fair presentation of the facts, and members of the governing board may advocate for or against a measure.</li> </ul> <ul type="disc"> <li>Use of Public Resources. Using public resources to influence voters on a measure is not permitted. Public resources include any property owned by the agency, including buildings, facilities, funds, equipment, telephones, supplies, computers and vehicles. Public resources also include the use of agency staff. Therefore, correspondence favoring or opposing a measure should not be authored by agency employees during working hours.</li> </ul> <p><b>Preparing or Developing a Ballot Measure (Before Inclusion on the Ballot)</b></p> <p>One of the primary functions of elected and appointed officials is to devise legislative proposals to implement the current administration&rsquo;s policies. Consequently, courts have held that a public agency may prepare, develop and draft proposed legislation, including a ballot measure, to be submitted to the voters. A public body&rsquo;s ability to prepare and present a ballot measure probably includes some ability to publish and disseminate it, but these activities should not exceed what is statutorily prescribed under the Elections Code and what the agency normally does in connection with public notification of other minute motions, resolutions and ordinances ordinarily adopted by the agency.</p> <p><b>Campaigning by Officials </b></p> <p>As discussed above, the use of public funds in connection with a ballot measure is restricted to informational activities. However, when the use of public funds or resources is not involved, this restriction does not apply. Therefore, agency officials may attend rallies and neighborhood meetings, or go door-to-door, as long as they do not represent that they are doing so in connection with official business and are not using public funds or time in connection with such activities. Where agency time or funds are involved, the effort must be strictly limited to providing objective information to the public. It is also important to note that public employees are specifically prohibited from participating in any sort of political activity while in uniform.</p> <p>Officials who wish to participate in activities concerning ballot measures may do so in their individual, as opposed to official, capacity.</p> <p>They may also expend their own personal funds on a measure and identify themselves as being affiliated with the agency in any presentation or publication advocating for or against the passage of the measure. However, it should be clear that such presentation or publication is paid for with the official&rsquo;s personal funds, or some other funding source, and not with public funds.</p> <p><i>* This article first appeared in <a target="_blank" href="http://www.publicceo.com/2014/10/to-campaign-or-not-to-campaign-a-refresher/"><span style="color: #0000ff">PublicCEO.com</span></a> on Oct. 14, 2014. Republished with permission.</i></p>BB&K In The News14 Oct 2014 00:00:00 -0800http://bbklaw.wiseadmin.biz/?t=40&an=34281&format=xmlTwo BB&K Partners Named to Sacramento Business Journal’s Best of the Bar 2014 Listhttp://bbklaw.wiseadmin.biz/?t=40&an=33085&format=xml<p><b>SACRAMENTO, Calif.</b>&nbsp;- Please join us in congratulating Best Best &amp; Krieger partners Kara Ueda and Susan Schoenig, who were selected by the <i>Sacramento Business Journal</i> for inclusion on the Best of the Bar 2014 list.</p> <p><a target="_blank" href="http://www.bizjournals.com/sacramento/print-edition/2014/08/29/best-of-the-bar-2014-susan-schoenig.html"><span style="color: #0000ff">Schoenig</span></a>, a member of BB&amp;K&rsquo;s Labor &amp; Employment, Municipal Law and Litigation practice groups, told the <i>Business Journal</i> that the most important lesson learned in her law career is: &ldquo;Strong advocacy doesn&rsquo;t mean manipulating the evidence or personally attacking your opponent or his or her client, especially since, many times, an opponent today can be a referral source tomorrow.&rdquo;</p> <p><a target="_blank" href="http://www.bizjournals.com/sacramento/print-edition/2014/08/29/best-of-the-bar-2014-kara-ueda.html"><span style="color: #0000ff">Ueda</span></a> is in BB&amp;K&rsquo;s Municipal Law, Elections and Land Use practice groups. She told the publication about her top career achievement: &ldquo;I worked with a team of attorneys from Legal Services Northern California and in private practice to successfully advocate on behalf of Sacramento-area residents in the Avondale/Glen Elder neighborhood to convince the Public Utilities Commission to not permit a natural gas storage project underneath the residents&rsquo; homes.&rdquo;</p> <p>The Best of the Bar list is comprised of Sacramento-area attorneys nominated and vetted by their peers. Attorneys do not pay anything to be included.</p> <p style="text-align: center">###</p> <p><b><i>Best Best &amp; Krieger LLP</i></b><i> is a national law firm that focuses on environmental, business, education, municipal and telecommunications law for public agency and private clients. With 200 attorneys, the law firm has nine offices nationwide, including Los Angeles, Sacramento, San Diego and Washington D.C. For more information, visit </i><i><a target="_blank" href="http://www.bbklaw.com/"><font color="#0000ff">www.bbklaw.com</font></a> or follow @BBKlaw on Twitter.</i></p>Press Releases02 Sep 2014 00:00:00 -0800http://bbklaw.wiseadmin.biz/?t=40&an=33085&format=xml