CHW California Public Law Report

Latest from CHW California Public Law Report

Elections in the time of COVID-19 are, have been, and will be different. This year, under special legislation and Executive Order, every voter in California will be mailed a ballot for the November 3, 2020 presidential election. Ballots must be mailed and postmarked on or before election day and must be received by county elections officials by November 20, 2020. New legislation requires each County elections official to mail every registered voter a vote-by-mail…
Cities around American are looking at yawning budget deficits due to the sudden economic slowdown arising from the COVID-19 pandemic. Today, Politico, a news source covering the federal government, has this piece suggest many California cities are looking to tax cannabis commerce to close the gap. The deadline to place measures on the November 3, 2020 ballot is August 7th, though elections officials will surely appreciate more notice. A useful model ordinance to tax…
As a general rule, one who requests government records under the California Public Records Act (CPRA) pays only duplication costs, not such other costs as those to withhold (“redact”) material exempt from disclosure. However, another CPRA provision specific to electronic records (Gov. Code § 6253.9(b)(2)) says requesters must pay for “data compilation, extraction, or programming.” Citing this provision, the City of Hayward charged a records requester a little over $3,200 for the hours…
The November 2020 statewide election will bring the usual host of ballot measures. Given the high turnout expected in a Presidential year, this year’s ballot has attracted significant measures. In addition to the fight between app-based businesses and labor over AB 5’s new definition of “employees” entitled to wage and benefit protections and the bail industry’s referendum against a statute eliminating cash bail, three measures of interest to California local governments have qualified and will…
AB 2570 (Stone, D-Sta. Cruz) would amend the False Claims Act (FCA) to allow private litigants to enforce fraudulent underpayment of State personal and corporate income taxes and, of interest to local government, sales and use taxes and transactions and use taxes (i.e., local-option sales taxes), too. The FCA allows a private litigant to identify fraud against government, perhaps with the help of a whistle blower, to file a lawsuit the tax prosecuting authority must…