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| 1 | + | Amended IN Assembly April 18, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 870Introduced by Assembly Member LevineFebruary 16, 2017 An act to amend Section 21671 of the Business and Professions Code, relating to business. repeal Section 49 of Senate Bill 1 of the 201718 Regular Session, relating to transportation.LEGISLATIVE COUNSEL'S DIGESTAB 870, as amended, Levine. Sports trading cards: altered or refurbished: certificate. Transportation programs: guidelines.The Administrative Procedure Act generally sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. The Road Repair and Accountability Act of 2017, which is Senate Bill 1 of the 201718 Regular Session, generally provides that guidelines adopted to implement transportation programs in the act by various state agencies are exempt from the Administrative Procedure Act. The Road Repair and Accountability Act of 2017 also contains specific exemptions for various programs in the act from the Administrative Procedure Act.This bill would repeal the general exemption.Existing law requires that a sports trading card that is altered or refurbished be accompanied by a certificate stating, among other things, the exact work done and the name of the person who performed the work.This bill would require that the certificate also contain the email address and the Internet Web site URL for the person who performed the alteration or refurbishing.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 49 of Senate Bill 1 of 201718 Regular Session is repealed.Sec. 49.Guidelines adopted to implement transportation programs in this act by the California Transportation Commission, the Department of Transportation, the Transportation Agency, or any other state agency shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).SECTION 1.Section 21671 of the Business and Professions Code is amended to read:21671.(a)Any sports trading card that is altered or refurbished shall be accompanied by a certificate stating the exact work done to the sports trading card, the date the work was performed, the cost of that work, and the name, phone number, email address, Internet Web site URL, and mailing address of the person who performed the work.(b)Any person or agent thereof, who knowingly sells or trades a sports card in violation of subdivision (a), shall both:(1)Refund to the buyer, the full amount paid for the altered or refurbished sports trading card or the full retail value of any nonmonetary consideration received in exchange for the altered or refurbished sports trading card, or both.(2)Be liable to the buyer for a civil penalty not to exceed five thousand dollars ($5,000) for each violation. Each card sold represents a separate and distinct violation. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly April 18, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 870Introduced by Assembly Member LevineFebruary 16, 2017 An act to amend Section 21671 of the Business and Professions Code, relating to business. repeal Section 49 of Senate Bill 1 of the 201718 Regular Session, relating to transportation.LEGISLATIVE COUNSEL'S DIGESTAB 870, as amended, Levine. Sports trading cards: altered or refurbished: certificate. Transportation programs: guidelines.The Administrative Procedure Act generally sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. The Road Repair and Accountability Act of 2017, which is Senate Bill 1 of the 201718 Regular Session, generally provides that guidelines adopted to implement transportation programs in the act by various state agencies are exempt from the Administrative Procedure Act. The Road Repair and Accountability Act of 2017 also contains specific exemptions for various programs in the act from the Administrative Procedure Act.This bill would repeal the general exemption.Existing law requires that a sports trading card that is altered or refurbished be accompanied by a certificate stating, among other things, the exact work done and the name of the person who performed the work.This bill would require that the certificate also contain the email address and the Internet Web site URL for the person who performed the alteration or refurbishing.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly April 18, 2017 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly January 03, 2018 | |
| 8 | 7 | Amended IN Assembly April 18, 2017 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill No. 870 | |
| 13 | 12 | ||
| 14 | 13 | Introduced by Assembly Member LevineFebruary 16, 2017 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member Levine | |
| 17 | 16 | February 16, 2017 | |
| 18 | 17 | ||
| 19 | - | An act to repeal Section 49 of Senate Bill 1 of the 201718 Regular Session, relating to transportation. | |
| 18 | + | An act to amend Section 21671 of the Business and Professions Code, relating to business. repeal Section 49 of Senate Bill 1 of the 201718 Regular Session, relating to transportation. | |
| 20 | 19 | ||
| 21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 22 | 21 | ||
| 23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | - | AB 870, as amended, Levine. Transportation programs: guidelines. | |
| 24 | + | AB 870, as amended, Levine. Sports trading cards: altered or refurbished: certificate. Transportation programs: guidelines. | |
| 26 | 25 | ||
| 27 | - | Existing law requires a court, upon the conviction of a defendant of a felony resulting in sentencing to state prison, to recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned if the court makes certain findings relating to the defendants drug use.This bill would require a court, upon the conviction of a defendant for a felony resulting in sentencing to state prison, to recommend in writing that the defendant receive a mental health evaluation if the court finds that the defendant at the time of the commission of the offense was suffering from a serious mental illness or has a demonstrated history of mental illness.The Administrative Procedure Act generally sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. The Road Repair and Accountability Act of 2017, which is Senate Bill 1 of the 201718 Regular Session, generally provides that guidelines adopted to implement transportation programs in the act by various state agencies are exempt from the Administrative Procedure Act. The Road Repair and Accountability Act of 2017 also contains specific exemptions for various programs in the act from the Administrative Procedure Act.This bill would repeal the general exemption. | |
| 28 | - | ||
| 29 | - | Existing law requires a court, upon the conviction of a defendant of a felony resulting in sentencing to state prison, to recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned if the court makes certain findings relating to the defendants drug use. | |
| 30 | - | ||
| 31 | - | This bill would require a court, upon the conviction of a defendant for a felony resulting in sentencing to state prison, to recommend in writing that the defendant receive a mental health evaluation if the court finds that the defendant at the time of the commission of the offense was suffering from a serious mental illness or has a demonstrated history of mental illness. | |
| 26 | + | The Administrative Procedure Act generally sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. The Road Repair and Accountability Act of 2017, which is Senate Bill 1 of the 201718 Regular Session, generally provides that guidelines adopted to implement transportation programs in the act by various state agencies are exempt from the Administrative Procedure Act. The Road Repair and Accountability Act of 2017 also contains specific exemptions for various programs in the act from the Administrative Procedure Act.This bill would repeal the general exemption.Existing law requires that a sports trading card that is altered or refurbished be accompanied by a certificate stating, among other things, the exact work done and the name of the person who performed the work.This bill would require that the certificate also contain the email address and the Internet Web site URL for the person who performed the alteration or refurbishing. | |
| 32 | 27 | ||
| 33 | 28 | The Administrative Procedure Act generally sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. The Road Repair and Accountability Act of 2017, which is Senate Bill 1 of the 201718 Regular Session, generally provides that guidelines adopted to implement transportation programs in the act by various state agencies are exempt from the Administrative Procedure Act. The Road Repair and Accountability Act of 2017 also contains specific exemptions for various programs in the act from the Administrative Procedure Act. | |
| 34 | 29 | ||
| 30 | + | This bill would repeal the general exemption. | |
| 31 | + | ||
| 32 | + | Existing law requires that a sports trading card that is altered or refurbished be accompanied by a certificate stating, among other things, the exact work done and the name of the person who performed the work. | |
| 35 | 33 | ||
| 36 | 34 | ||
| 37 | - | This bill would repeal the general exemption. | |
| 35 | + | ||
| 36 | + | This bill would require that the certificate also contain the email address and the Internet Web site URL for the person who performed the alteration or refurbishing. | |
| 38 | 37 | ||
| 39 | 38 | ||
| 40 | 39 | ||
| 41 | 40 | ## Digest Key | |
| 42 | 41 | ||
| 43 | 42 | ## Bill Text | |
| 44 | 43 | ||
| 45 | - | The people of the State of California do enact as follows:SECTION 1. Section | |
| 44 | + | The people of the State of California do enact as follows:SECTION 1. Section 49 of Senate Bill 1 of 201718 Regular Session is repealed.Sec. 49.Guidelines adopted to implement transportation programs in this act by the California Transportation Commission, the Department of Transportation, the Transportation Agency, or any other state agency shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).SECTION 1.Section 21671 of the Business and Professions Code is amended to read:21671.(a)Any sports trading card that is altered or refurbished shall be accompanied by a certificate stating the exact work done to the sports trading card, the date the work was performed, the cost of that work, and the name, phone number, email address, Internet Web site URL, and mailing address of the person who performed the work.(b)Any person or agent thereof, who knowingly sells or trades a sports card in violation of subdivision (a), shall both:(1)Refund to the buyer, the full amount paid for the altered or refurbished sports trading card or the full retail value of any nonmonetary consideration received in exchange for the altered or refurbished sports trading card, or both.(2)Be liable to the buyer for a civil penalty not to exceed five thousand dollars ($5,000) for each violation. Each card sold represents a separate and distinct violation. | |
| 46 | 45 | ||
| 47 | 46 | The people of the State of California do enact as follows: | |
| 48 | 47 | ||
| 49 | 48 | ## The people of the State of California do enact as follows: | |
| 50 | 49 | ||
| 51 | - | SECTION 1. Section | |
| 50 | + | SECTION 1. Section 49 of Senate Bill 1 of 201718 Regular Session is repealed.Sec. 49.Guidelines adopted to implement transportation programs in this act by the California Transportation Commission, the Department of Transportation, the Transportation Agency, or any other state agency shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). | |
| 52 | 51 | ||
| 53 | - | SECTION 1. Section | |
| 52 | + | SECTION 1. Section 49 of Senate Bill 1 of 201718 Regular Session is repealed. | |
| 54 | 53 | ||
| 55 | 54 | ### SECTION 1. | |
| 56 | 55 | ||
| 57 | - | 1203.096. (a) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (b), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned.(b) The court shall make the recommendation specified in subdivision (a) if it finds that any of the following are true:(1) That the defendant at the time of the commission of the offense was under the influence of any alcoholic beverages.(2) That the defendant at the time of the commission of the offense was under the influence of any controlled substance.(3) That the defendant has a demonstrated history of substance abuse.(4) That the offense or offenses for which the defendant was convicted are drug related.(c) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (d), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant receive a mental health evaluation.(d) The court shall make the recommendation specified in subdivision (c) if it finds that either of the following are true:(1) That the defendant at the time of the commission of the offense was suffering from a serious mental illness.(2) The defendant has a demonstrated history of mental illness. | |
| 58 | - | ||
| 59 | - | 1203.096. (a) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (b), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned.(b) The court shall make the recommendation specified in subdivision (a) if it finds that any of the following are true:(1) That the defendant at the time of the commission of the offense was under the influence of any alcoholic beverages.(2) That the defendant at the time of the commission of the offense was under the influence of any controlled substance.(3) That the defendant has a demonstrated history of substance abuse.(4) That the offense or offenses for which the defendant was convicted are drug related.(c) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (d), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant receive a mental health evaluation.(d) The court shall make the recommendation specified in subdivision (c) if it finds that either of the following are true:(1) That the defendant at the time of the commission of the offense was suffering from a serious mental illness.(2) The defendant has a demonstrated history of mental illness. | |
| 60 | - | ||
| 61 | - | 1203.096. (a) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (b), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned.(b) The court shall make the recommendation specified in subdivision (a) if it finds that any of the following are true:(1) That the defendant at the time of the commission of the offense was under the influence of any alcoholic beverages.(2) That the defendant at the time of the commission of the offense was under the influence of any controlled substance.(3) That the defendant has a demonstrated history of substance abuse.(4) That the offense or offenses for which the defendant was convicted are drug related.(c) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (d), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant receive a mental health evaluation.(d) The court shall make the recommendation specified in subdivision (c) if it finds that either of the following are true:(1) That the defendant at the time of the commission of the offense was suffering from a serious mental illness.(2) The defendant has a demonstrated history of mental illness. | |
| 56 | + | Sec. 49.Guidelines adopted to implement transportation programs in this act by the California Transportation Commission, the Department of Transportation, the Transportation Agency, or any other state agency shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). | |
| 62 | 57 | ||
| 63 | 58 | ||
| 64 | 59 | ||
| 65 | - | ||
| 60 | + | Guidelines adopted to implement transportation programs in this act by the California Transportation Commission, the Department of Transportation, the Transportation Agency, or any other state agency shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). | |
| 66 | 61 | ||
| 67 | - | (b) The court shall make the recommendation specified in subdivision (a) if it finds that any of the following are true: | |
| 68 | 62 | ||
| 69 | - | (1) That the defendant at the time of the commission of the offense was under the influence of any alcoholic beverages. | |
| 70 | 63 | ||
| 71 | - | (2) That the defendant at the time of the commission of the offense was under the influence of any controlled substance. | |
| 72 | 64 | ||
| 73 | - | (3) That the defendant has a demonstrated history of substance abuse. | |
| 74 | 65 | ||
| 75 | - | (4) That the offense or offenses for which the defendant was convicted are drug related. | |
| 76 | 66 | ||
| 77 | - | (c) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (d), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant receive a mental health evaluation. | |
| 78 | 67 | ||
| 79 | - | ( | |
| 68 | + | (a)Any sports trading card that is altered or refurbished shall be accompanied by a certificate stating the exact work done to the sports trading card, the date the work was performed, the cost of that work, and the name, phone number, email address, Internet Web site URL, and mailing address of the person who performed the work. | |
| 80 | 69 | ||
| 81 | - | (1) That the defendant at the time of the commission of the offense was suffering from a serious mental illness. | |
| 82 | 70 | ||
| 83 | - | (2) The defendant has a demonstrated history of mental illness. | |
| 71 | + | ||
| 72 | + | (b)Any person or agent thereof, who knowingly sells or trades a sports card in violation of subdivision (a), shall both: | |
| 73 | + | ||
| 74 | + | ||
| 75 | + | ||
| 76 | + | (1)Refund to the buyer, the full amount paid for the altered or refurbished sports trading card or the full retail value of any nonmonetary consideration received in exchange for the altered or refurbished sports trading card, or both. | |
| 77 | + | ||
| 78 | + | ||
| 79 | + | ||
| 80 | + | (2)Be liable to the buyer for a civil penalty not to exceed five thousand dollars ($5,000) for each violation. Each card sold represents a separate and distinct violation. |