CHW California Public Law Report

Although cannabis is legal in California, it remains illegal under federal law. This controversy hamstrings cannabis businesses, as they are unable to use the services of federally regulated banking institutions and must do business in cash, creating risks for them and everyone they do business with — including local governments. Most banks avoid doing business with the cannabis industry to avoid federal regulations and penalties tied to cannabis, although a few banks and credit unions…
On June 11, 2021, Governor Newsom issued Executive Order N-08-21[1] to clarify the continued applicability of his previous Executive Orders related to the COVID-19 pandemic. Most notably, Executive Order N-08-21 extends application of Executive Order N-29-20, which allows public agencies to hold teleconference meetings until September 30, 2021.[2] This provides some assurance of the timeline to transition back to entirely in-person meetings as the Legislature considers permanent relaxation of the impractical pre-COVID requirements…
The California Department of Finance has now posted a weblink to the form cities can use to request American Rescue Plan Act funds here. Both City’s designated contact person for State-issued Coronavirus Relief Funds and the City Manager should receive a unique username and password to log into the Department of Finance’s webform application. The application must include the information some basis information about the city, including: City name, Taxpayer ID Number, DUNS Number,…
Cal/OSHA held a special meeting on June 9 to discuss potential revisions to the COVID-19 Emergency Temporary Standard adopted on June 3, in light of California Department of Public Health mask guidance issued on June 9. The Cal/OSHA Board voted to withdraw the revisions to the COVID-19 regulations adopted on June 3. Cal/OSHA staff will bring another proposal to the Board on June 17. The June 17 proposal is expected to modify the Regulations adopted…
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…