State Legislative - Week of February 5, 2010

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.”

 

CCTA is proposing an amendment that will make clear that the ISP is not a distributor and ensure conformity between relevant federal and state laws to protect any other online applications the cable industry may offer customers in addition to high-speed Internet service (such as website hosting or photo sharing). The Author has agreed to the concept of our proposed amendments but has asked the California District Attorneys Association for their feedback on our proposed changes before making any changes.  CCTA is waiting for a response.

 

SB 203 is currently in the Assembly Committee on Public Safety.  No hearing date has been set as of yet.  CCTA position is Opposed Unless Amended.

Distribution of White Pages.  Senator Leland Yee (D-San Francisco) has introduced Senate Bill 920 which would prohibit a “telephone corporation” from delivering the white pages unless the customer opts-in to receiving it.  The Author argues that customers no longer use phone directories. Therefore, by eliminating them, California telephone customers can reduce their carbon footprint.

Although the legislation does not dictate how this will be accomplished, the Author envisions that customers will request telephone directories through monthly billing statements or by calling a toll free number. CCTA is considering if our industry will present Senator Yee with amendments regarding implementation.  

SB 920 is expected to be heard in its first policy committee in early March.  CCTA position is Pending.

Independent Contractor Withholding.  It is expected that the legislature will once again introduce legislation to require all companies, public agencies and nonprofits to  withhold 3%  from any payments they make to independent contractors for California services rendered, and remit that 3% to the Franchise Tax Board.  The intent of this proposal is to ensure compliance with tax law and accelerate state revenues.
 

This proposal will be aggressively opposed by the California Chamber of Commerce. The Chamber is circulating a Fact Sheet opposing this proposal, asking Chamber members to sign onto. A similar proposal was vetoed by the Governor last year. CCTA position is Pending.

 

Lieutenant Governor Confirmation Hearing Scheduled.  On Wednesday, February 3, 2010, the Senate Rules Committee voted 4-0 to confirm Governor Schwarzenegger’s appointment of Senator Abel Maldonado (R-Santa Maria) as lieutenant governor.  Senate Rules Committee member Senator Aanestad (R-Grass Valley) respectfully abstained from voting as he plans to run against Maldonado in the Republican Primary for Lieutenant Governor.  Senator Maldonado’s confirmation will now be voted on the Senate Floor.

 

The Assembly Rules Committee is scheduled to take up Senator Maldonado’s confirmation this Monday, February 8th.