State Legislative - Week of April 9, 2010

 

Unauthorized Structures on State Lands. Assembly Bill 2664 (Chesbro) would authorize the State Lands Commission to administratively impose penalties against persons who construct, place, maintain, own, use or possess unauthorized structures on state lands. According to the Author, the only recourse the Commission currently has to address this issue is to file an action in court, which is costly, and an ineffective deterrent against future trespasses.

 

CCTA met with the State Lands Commission, the sponsor of the measure, and the Author’s Office to discuss an amendment that would clarify that this measure is not targeting cable industry infrastructure crossing any state lands. All parties have agreed to this principal and are currently drafting acceptable amendments. AB 2664 is scheduled to be heard on Monday April 12th in the Assembly Natural Resources Committee. 

 

Sex Offenders Prohibited on Social Networks Web Sites.  Assembly Bill 2208 (Torres) would create a misdemeanor for any registered sex offender to use any Internet social network web site, punishable by up to six months in the county jail and/or a fine of not more than $1,000. The measure defines an “Internet social networking web site” as any web site that allows users to create profiles that provides information about themselves to the public or other users; offers a mechanism with other users that includes a substantial number of minors; and, has as its primary purpose the facilitation of online social interaction.

 

This definition of an Internet social networking web site was added to the bill this week with a number of other amendments. While supported by a number of public safety agencies and Facebook, the bill is opposed by the American Civil Liberties Union, the California Attorneys for Criminal Justice and a few other non-profit organizations. AB 2208 is scheduled to be heard next week on Tuesday, April 13th in the Assembly Public Safety Committee.

 

Smart Meter Shutoff and Privacy Standards.  Senate Bill 837 (Florez) would create new privacy standards for customer electrical and natural gas usage data. Specifically, the proposal states that the electrical usage data is the property of the customer, and requires that electrical corporations and third party service providers adopt a statement of privacy and security principals which must be posted on their websites. In addition, the proposal requires that the smart meters be compatible with other smart meter technologies, and these smart meters must be audited and certified by the state. Finally, the bill requires the California Public Utilities Commission to ensure that electrical and gas corporations develop strategies to reduce customer disconnection rates. SB 837 is scheduled to be heard next week on Tuesday, April 13th in the Senate Judiciary Committee.

 

Internet Social Networking Web Sites and Minors.  Senate Bill 1361 (Corbett) would prohibit Internet social networking web sites from displaying home addresses or telephone numbers of users who are under 18 years of age, and includes a definition of “social networking site.” This measure would impose a civil penalty, not to exceed $10,000, for each willful and knowing violation.

 

Social networking web site providers have no way to verify the age, or other information of any registered user that is simply posted on the registered users page, or even know whether the name, or any other information provided on the registered user’s page is correct, fictitious, or associated with the registered user. As a result, providers are simply being subjected to the possibility of significant fines and perhaps other liability despite their inability to comply with the mandates of this proposal. SB 1361 is scheduled to be heard next week on Tuesday, April 13th in the Senate Judiciary Committee.

 

Smart Meters and Customer Privacy.  SB 1476 (Padilla) would require any electrical corporation, gas corporation, or publicly owned electric utility that utilizes smart meters for managing customer electrical use to provide their customers with the option of accessing that data without relinquishing personally identifiable information to a third party. This proposal would require the electrical corporation, gas corporation, or local publicly owned electric utility to keep such consumption data securely and not accessible by a third party, except as provided. SB 1476 is scheduled to be heard next week on Tuesday, April 13th in the Senate Judiciary Committee.

Local Government Authorized Tax Agents.  Current law authorizes cities that have entered into a reciprocal agreement with the state Franchise Tax Board to exchange tax information but limits the use of that information to employees of the taxing authority of a city. Senate Bill 1036 (Cedillo) would expand that limitation to authorized agents. This measure will be heard next week on Wednesday, April 14th in the Senate Revenue and Taxation Committee. 

 

Five Year Sunset on Tax Incentives and Performance Measures.  Senate Bill 1272 (Wolk) would require any legislative bill creating new tax credits include detailed performance indicators and criteria for measurement success. The tax credits shall be inactive five years after its enactment date.  This proposal is scheduled to be heard next week on Wednesday, April 14th in the Senate Revenue and Taxation Committee.