Amended IN Assembly March 25, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 889Introduced by Assembly Member GipsonFebruary 17, 2021 An act to amend Section 4990 of the Financial Code, relating to financial institutions. add Chapter 14.6 (commencing with Section 18995.5) to Part 6 of Division 9 of the Welfare and Institutions Code, relating to food access.LEGISLATIVE COUNSEL'S DIGESTAB 889, as amended, Gipson. Financial institutions: persons in management duties. Food access: grocery stores.Existing federal law establishes the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county, under the administration of the State Department of Social Services. Existing law also establishes and requires the department to administer the CalFood Program to provide food and funding to food banks whose primary function is to facilitate the distribution of food to low-income households, as specified.This bill would require the owner of a grocery establishment, as defined, to provide, as soon as possible, but not later than 180 days prior to a planned closure, written notice of the intended closure to the county in which the grocery establishment is located and the Family Engagement and Empowerment Division of the State Department of Social Services. To the extent that the bill would increase county administrative duties, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law generally prohibits a person who has been convicted of a felony violation of specified provisions from serving as a director, officer, or in any other position involving management duties with a financial institution in this state with accounts insured by an agency or instrumentality of the United States or a private share insurance or guaranty arrangement.This bill would make a nonsubstantive change to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 14.6 (commencing with Section 18995.5) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read: CHAPTER 14.6. Community Grocery Access18995.5. (a) The owner of a grocery establishment shall, as soon as possible, but not later than 180 days prior to a planned closure, provide written notice of the intended closure to the county in which the grocery establishment is located and the Family Engagement and Empowerment Division of the State Department of Social Services. The notice shall specify the planned closure date and shall identify the three nearest grocery establishments that provide comparable services in the community.(b) For purposes of this chapter, grocery establishment means a retail store in this state that is over 15,000 square feet in size and that sells primarily household foodstuffs for offsite consumption, including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods. Other household supplies or other products shall be secondary to the primary purpose of food sales.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 4990 of the Financial Code is amended to read:4990.(a)Any person convicted of a felony violation of any of the provisions specified in subdivision (b) shall not serve in any capacity as a director, officer, or in any other position involving any management duties with a financial institution in this state with accounts insured by an agency or instrumentality of the United States or a private share insurance or guaranty arrangement. This subdivision does not, however, apply to any director or officer of a financial institution, or to persons serving in managerial positions for financial institutions, whose office or employment with a financial institution commenced, and whose felony conviction occurred, prior to January 1, 1991.(b)Subdivision (a) applies to felony convictions of offenses specified in Chapter 10 (commencing with Section 1320) of Division 1.1, Article 4 (commencing with Section 5300) of Chapter 1 of Division 2, Article 8 (commencing with Section 14750) of Chapter 4 of Division 5, and Chapter 6 (commencing with Section 18435) of Division 7. Subdivision (a) also applies to felony convictions of offenses specified in provisions of the laws of the United States added or amended by the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (Public Law 101-73).(c)On and after January 1, 1991, any person who seeks employment by, or a controlling interest in, a financial institution specified in subdivision (a) shall, as a condition to obtaining that employment or controlling interest, permit the financial institution, its regulatory agency, or both to have access to that persons state summary criminal history information, as defined in Section 11105 of the Penal Code, for purposes of determining whether the person has a prior conviction of a felony offense specified in subdivision (b) or any theft offense.(d)Any state summary criminal history information obtained pursuant to this subdivision shall be kept confidential and no recipient under this subdivision shall disclose the contents other than for the purpose of determining eligibility for employment by, or acquisition of a controlling interest in, a financial institution specified in subdivision (a).(e)The authority granted by this section to the commissioner and other regulatory agencies shall be in addition to any other authority granted by law to obtain information about the background of any person. Nothing in this section shall be construed to limit any authority of the commissioner or any regulatory agency otherwise provided by law.
Amended IN Assembly March 25, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 889Introduced by Assembly Member GipsonFebruary 17, 2021 An act to amend Section 4990 of the Financial Code, relating to financial institutions. add Chapter 14.6 (commencing with Section 18995.5) to Part 6 of Division 9 of the Welfare and Institutions Code, relating to food access.LEGISLATIVE COUNSEL'S DIGESTAB 889, as amended, Gipson. Financial institutions: persons in management duties. Food access: grocery stores.Existing federal law establishes the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county, under the administration of the State Department of Social Services. Existing law also establishes and requires the department to administer the CalFood Program to provide food and funding to food banks whose primary function is to facilitate the distribution of food to low-income households, as specified.This bill would require the owner of a grocery establishment, as defined, to provide, as soon as possible, but not later than 180 days prior to a planned closure, written notice of the intended closure to the county in which the grocery establishment is located and the Family Engagement and Empowerment Division of the State Department of Social Services. To the extent that the bill would increase county administrative duties, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law generally prohibits a person who has been convicted of a felony violation of specified provisions from serving as a director, officer, or in any other position involving management duties with a financial institution in this state with accounts insured by an agency or instrumentality of the United States or a private share insurance or guaranty arrangement.This bill would make a nonsubstantive change to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Assembly March 25, 2021
Amended IN Assembly March 25, 2021
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 889
Introduced by Assembly Member GipsonFebruary 17, 2021
Introduced by Assembly Member Gipson
February 17, 2021
An act to amend Section 4990 of the Financial Code, relating to financial institutions. add Chapter 14.6 (commencing with Section 18995.5) to Part 6 of Division 9 of the Welfare and Institutions Code, relating to food access.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 889, as amended, Gipson. Financial institutions: persons in management duties. Food access: grocery stores.
Existing federal law establishes the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county, under the administration of the State Department of Social Services. Existing law also establishes and requires the department to administer the CalFood Program to provide food and funding to food banks whose primary function is to facilitate the distribution of food to low-income households, as specified.This bill would require the owner of a grocery establishment, as defined, to provide, as soon as possible, but not later than 180 days prior to a planned closure, written notice of the intended closure to the county in which the grocery establishment is located and the Family Engagement and Empowerment Division of the State Department of Social Services. To the extent that the bill would increase county administrative duties, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law generally prohibits a person who has been convicted of a felony violation of specified provisions from serving as a director, officer, or in any other position involving management duties with a financial institution in this state with accounts insured by an agency or instrumentality of the United States or a private share insurance or guaranty arrangement.This bill would make a nonsubstantive change to those provisions.
Existing federal law establishes the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county, under the administration of the State Department of Social Services. Existing law also establishes and requires the department to administer the CalFood Program to provide food and funding to food banks whose primary function is to facilitate the distribution of food to low-income households, as specified.
This bill would require the owner of a grocery establishment, as defined, to provide, as soon as possible, but not later than 180 days prior to a planned closure, written notice of the intended closure to the county in which the grocery establishment is located and the Family Engagement and Empowerment Division of the State Department of Social Services. To the extent that the bill would increase county administrative duties, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law generally prohibits a person who has been convicted of a felony violation of specified provisions from serving as a director, officer, or in any other position involving management duties with a financial institution in this state with accounts insured by an agency or instrumentality of the United States or a private share insurance or guaranty arrangement.
This bill would make a nonsubstantive change to those provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Chapter 14.6 (commencing with Section 18995.5) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read: CHAPTER 14.6. Community Grocery Access18995.5. (a) The owner of a grocery establishment shall, as soon as possible, but not later than 180 days prior to a planned closure, provide written notice of the intended closure to the county in which the grocery establishment is located and the Family Engagement and Empowerment Division of the State Department of Social Services. The notice shall specify the planned closure date and shall identify the three nearest grocery establishments that provide comparable services in the community.(b) For purposes of this chapter, grocery establishment means a retail store in this state that is over 15,000 square feet in size and that sells primarily household foodstuffs for offsite consumption, including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods. Other household supplies or other products shall be secondary to the primary purpose of food sales.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 4990 of the Financial Code is amended to read:4990.(a)Any person convicted of a felony violation of any of the provisions specified in subdivision (b) shall not serve in any capacity as a director, officer, or in any other position involving any management duties with a financial institution in this state with accounts insured by an agency or instrumentality of the United States or a private share insurance or guaranty arrangement. This subdivision does not, however, apply to any director or officer of a financial institution, or to persons serving in managerial positions for financial institutions, whose office or employment with a financial institution commenced, and whose felony conviction occurred, prior to January 1, 1991.(b)Subdivision (a) applies to felony convictions of offenses specified in Chapter 10 (commencing with Section 1320) of Division 1.1, Article 4 (commencing with Section 5300) of Chapter 1 of Division 2, Article 8 (commencing with Section 14750) of Chapter 4 of Division 5, and Chapter 6 (commencing with Section 18435) of Division 7. Subdivision (a) also applies to felony convictions of offenses specified in provisions of the laws of the United States added or amended by the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (Public Law 101-73).(c)On and after January 1, 1991, any person who seeks employment by, or a controlling interest in, a financial institution specified in subdivision (a) shall, as a condition to obtaining that employment or controlling interest, permit the financial institution, its regulatory agency, or both to have access to that persons state summary criminal history information, as defined in Section 11105 of the Penal Code, for purposes of determining whether the person has a prior conviction of a felony offense specified in subdivision (b) or any theft offense.(d)Any state summary criminal history information obtained pursuant to this subdivision shall be kept confidential and no recipient under this subdivision shall disclose the contents other than for the purpose of determining eligibility for employment by, or acquisition of a controlling interest in, a financial institution specified in subdivision (a).(e)The authority granted by this section to the commissioner and other regulatory agencies shall be in addition to any other authority granted by law to obtain information about the background of any person. Nothing in this section shall be construed to limit any authority of the commissioner or any regulatory agency otherwise provided by law.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Chapter 14.6 (commencing with Section 18995.5) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read: CHAPTER 14.6. Community Grocery Access18995.5. (a) The owner of a grocery establishment shall, as soon as possible, but not later than 180 days prior to a planned closure, provide written notice of the intended closure to the county in which the grocery establishment is located and the Family Engagement and Empowerment Division of the State Department of Social Services. The notice shall specify the planned closure date and shall identify the three nearest grocery establishments that provide comparable services in the community.(b) For purposes of this chapter, grocery establishment means a retail store in this state that is over 15,000 square feet in size and that sells primarily household foodstuffs for offsite consumption, including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods. Other household supplies or other products shall be secondary to the primary purpose of food sales.
SECTION 1. Chapter 14.6 (commencing with Section 18995.5) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read:
### SECTION 1.
CHAPTER 14.6. Community Grocery Access18995.5. (a) The owner of a grocery establishment shall, as soon as possible, but not later than 180 days prior to a planned closure, provide written notice of the intended closure to the county in which the grocery establishment is located and the Family Engagement and Empowerment Division of the State Department of Social Services. The notice shall specify the planned closure date and shall identify the three nearest grocery establishments that provide comparable services in the community.(b) For purposes of this chapter, grocery establishment means a retail store in this state that is over 15,000 square feet in size and that sells primarily household foodstuffs for offsite consumption, including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods. Other household supplies or other products shall be secondary to the primary purpose of food sales.
CHAPTER 14.6. Community Grocery Access18995.5. (a) The owner of a grocery establishment shall, as soon as possible, but not later than 180 days prior to a planned closure, provide written notice of the intended closure to the county in which the grocery establishment is located and the Family Engagement and Empowerment Division of the State Department of Social Services. The notice shall specify the planned closure date and shall identify the three nearest grocery establishments that provide comparable services in the community.(b) For purposes of this chapter, grocery establishment means a retail store in this state that is over 15,000 square feet in size and that sells primarily household foodstuffs for offsite consumption, including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods. Other household supplies or other products shall be secondary to the primary purpose of food sales.
CHAPTER 14.6. Community Grocery Access
CHAPTER 14.6. Community Grocery Access
18995.5. (a) The owner of a grocery establishment shall, as soon as possible, but not later than 180 days prior to a planned closure, provide written notice of the intended closure to the county in which the grocery establishment is located and the Family Engagement and Empowerment Division of the State Department of Social Services. The notice shall specify the planned closure date and shall identify the three nearest grocery establishments that provide comparable services in the community.(b) For purposes of this chapter, grocery establishment means a retail store in this state that is over 15,000 square feet in size and that sells primarily household foodstuffs for offsite consumption, including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods. Other household supplies or other products shall be secondary to the primary purpose of food sales.
18995.5. (a) The owner of a grocery establishment shall, as soon as possible, but not later than 180 days prior to a planned closure, provide written notice of the intended closure to the county in which the grocery establishment is located and the Family Engagement and Empowerment Division of the State Department of Social Services. The notice shall specify the planned closure date and shall identify the three nearest grocery establishments that provide comparable services in the community.
(b) For purposes of this chapter, grocery establishment means a retail store in this state that is over 15,000 square feet in size and that sells primarily household foodstuffs for offsite consumption, including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods. Other household supplies or other products shall be secondary to the primary purpose of food sales.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 2.
(a)Any person convicted of a felony violation of any of the provisions specified in subdivision (b) shall not serve in any capacity as a director, officer, or in any other position involving any management duties with a financial institution in this state with accounts insured by an agency or instrumentality of the United States or a private share insurance or guaranty arrangement. This subdivision does not, however, apply to any director or officer of a financial institution, or to persons serving in managerial positions for financial institutions, whose office or employment with a financial institution commenced, and whose felony conviction occurred, prior to January 1, 1991.
(b)Subdivision (a) applies to felony convictions of offenses specified in Chapter 10 (commencing with Section 1320) of Division 1.1, Article 4 (commencing with Section 5300) of Chapter 1 of Division 2, Article 8 (commencing with Section 14750) of Chapter 4 of Division 5, and Chapter 6 (commencing with Section 18435) of Division 7. Subdivision (a) also applies to felony convictions of offenses specified in provisions of the laws of the United States added or amended by the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (Public Law 101-73).
(c)On and after January 1, 1991, any person who seeks employment by, or a controlling interest in, a financial institution specified in subdivision (a) shall, as a condition to obtaining that employment or controlling interest, permit the financial institution, its regulatory agency, or both to have access to that persons state summary criminal history information, as defined in Section 11105 of the Penal Code, for purposes of determining whether the person has a prior conviction of a felony offense specified in subdivision (b) or any theft offense.
(d)Any state summary criminal history information obtained pursuant to this subdivision shall be kept confidential and no recipient under this subdivision shall disclose the contents other than for the purpose of determining eligibility for employment by, or acquisition of a controlling interest in, a financial institution specified in subdivision (a).
(e)The authority granted by this section to the commissioner and other regulatory agencies shall be in addition to any other authority granted by law to obtain information about the background of any person. Nothing in this section shall be construed to limit any authority of the commissioner or any regulatory agency otherwise provided by law.