State Legislative - Week of January 29, 2010

Legislative Update 

 

Child Pornography: Internet Distribution.  Senate Bill 203 (Harman) revises the definition of “distribute” to include “making available for access or possession over the internet.”  According to the Author, current law “completely ignores peer-to-peer file transfers which are an increasingly popular method of file-sharing over the Internet.” Senator Tom Harman is currently running for State Attorney General.

 

At the request of CCTA, the Author has agreed to amend this proposal to clarify that the bill does not apply to internet service providers. CCTA has prepared the following amendment for the Author:

 

“Distribute” means transfer possession of, whether with or without consideration, including making available for access or possession over the Internet by the possessor of the pornographic material. “Distribute does not include the distribution entity, Internet Service Provider or other distribution network used by the possessor to distribute the offending material.

 

This bill passed off the Senate Floor on Monday, January 25, 2010, and will now move to the Assembly for consideration.  CCTA will ensure that this amendment is adopted before the next policy committee hearing which has not yet been scheduled.  CCTA position is Opposed Unless Amended until our amendment has been accepted and in print.

 

Legislative Leadership Changes. Assemblyman John Perez (D-Los Angeles) will be sworn in as Assembly Speaker on March 1, 2010.  Perez was elected to the Assembly in 2008 and will term out in 2014, giving him the opportunity for a lengthy term as Speaker.

 

Assembly Republicans have elected Assemblyman Martin Garrick (R-Carlsbad) as the new Minority Leader, replacing Assemblyman Sam Blakeslee (R-San Luis Obispo). Assemblyman Garrick will also take over the leadership position on March 1, 2010.

 

Senate Republicans have also elected a new Senate Minority Leader, Senator Bob Dutton (R-Inland Empire), to replace current Minority Leader Senator Dennis Hollingsworth (R-Murrieta). No date has been announced for the transition.

 

Lieutenant Governor Confirmation Hearing Scheduled. The Senate Rules Committee has scheduled a confirmation hearing to consider Governor Schwarzenegger’s appointment of Senator Abel Maldonado (R-Santa Maria) as lieutenant governor. The hearing is set for Wednesday, February 3, 2010. If approved, Senator Maldonado’s confirmation will be voted on the Senate Floor. The Assembly must also decide whether to approve the appointment. If the Assembly does not take up the confirmation by February 22, 2010, the appointment is automatically deemed approved.