Bill Text

PDF |Add To My Favorites |Track Bill | print page

AB-2456 Arts Council: peer review groups.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 03/23/2018 04:00 AM
AB2456:v98#DOCUMENT

Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2456


Introduced by Assembly Member Bloom

February 14, 2018


An act to amend Section 50028 of the Government Code, relating to local government. An act to amend Section 8753 of the Government Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


AB 2456, as amended, Bloom. Ordinances: coin-operated viewing machines. Arts Council: peer review groups.
The Dixon-Zenovich-Maddy California Arts Act of 1975 establishes the Arts Council, consisting of 11 appointed members. The act specifies the duties of the council, including providing for the exhibition of art works in public buildings throughout California.
This bill would authorize the council to appoint peer review panels and would authorize members of those panels to, at the discretion of the council, receive a per diem, an honorarium, and reimbursement for expenses.

Existing law authorizes the legislative body of any city, county, or city and county, to adopt an ordinance that requires any coin-operated viewing machine, as defined, to have a permanently attached tally counter that will count each coin, as specified.

This bill would make nonsubstantive changes to this provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 8753 of the Government Code is amended to read:

8753.
 The council shall:
(a) Encourage artistic awareness, participation and expression.
(b) Help independent local groups develop their own art programs.
(c) Promote the employment of artists and those skilled in crafts in both the public and private sector.
(d) Provide for the exhibition of art works in public buildings throughout California.
(e) Enlist the aid of all state agencies in the task of ensuring the fullest expression of our artistic potential.
(f) Adopt regulations in accordance with the provisions of the Administrative Procedure Act necessary for proper execution of the powers and duties granted to the council by this chapter.
(g) Employ such administrative, technical, and other personnel as may be necessary.
(h) Fix the salaries of the personnel employed pursuant to this chapter which salaries shall be fixed as nearly as possible to conform to the salaries established by the State Personnel Board for classes of positions in the state civil service involving comparable duties and responsibilities.
(i) Appoint advisory committees whenever necessary. Members of an advisory committee shall serve without compensation, but each may be reimbursed for necessary traveling and other expenses incurred in the performance of official duties.
(j) Request and obtain from any department, division, board, bureau, commission, or other agency of the state such assistance and data as will enable it properly to carry on its power and duties.
(k) Hold hearings, execute agreements, and perform any acts necessary and proper to carry out the purposes of this chapter.
(l) Accept federal grants, for any of the purposes of this chapter.
(m) Accept only unrestricted gifts, donations, bequests, or grants of funds from private sources and public agencies, for any of the purposes of this chapter. However, the council shall give careful consideration to any donor requests concerning specific dispositions.
(n) Establish grant application criteria and procedure.
(o) Award prizes or direct grants to individuals or organizations in accordance with such regulations as the council may prescribe. In awarding prizes or directing grants, the council shall notify the offices of the legislators in whose district the recipient resides.
(p) Have the authority to appoint peer review panels whenever necessary. Each member of a peer review panel may, at the discretion of the council, receive a per diem and honorarium for each day of service and be reimbursed for necessary travel and other expenses incurred in the performance of official duties.

SECTION 1.Section 50028 of the Government Code is amended to read:
50028.

(a)The legislative body of any county, city, or city and county, whether general law or chartered, may adopt, by ordinance, any rules and regulations as it deems necessary that require any coin-operated viewing machine to have a permanently attached tally counter that will count each coin, and accumulate that count or the accumulated amount of money, deposited in the coin-operated viewing machine. The tally counter shall be resistant to tampering, shall not be capable of being reset to a lower number, and shall display the count in a manner so that the accumulated total is readily visible near the coin insertion slot or opening.

(b)For purposes of this section, the following terms have the following meanings:

(1)“Coin-operated viewing machine” means any projector, machine, television, or other device that displays for viewing motion pictures, projection slides, filmstrips, photographic pictures, video recordings, or drawings, and that is operated by the viewer, or for the viewer, by means of inserting a coin into the device, an attachment thereto, an enclosure surrounding the device, or any other device electrically or mechanically connected thereto. “Coin-operated viewing machine” does not include an electronic video game of skill wherein the image is created, generated, or synthesized electronically, or coin-operated television receivers that display commercial or public service broadcasts.

(2)“Coin” means any physical object, including, but not limited to, a piece of metal issued by the federal government as money.

(c)Notwithstanding any other provision of law, any county ordinance adopted pursuant to this section shall be enforceable within the incorporated, as well as the unincorporated, area of the county, whether general law or chartered, unless a city ordinance in direct conflict with that county ordinance has been adopted, in which case the county ordinance shall be enforceable in the area of the county outside the city.

(d)(1)Any person who violates the provisions of the ordinance adopted pursuant to this section shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each machine and each day in which a violation occurs.

(2)In determining the amount of the penalty, the court shall take into consideration all relevant circumstances, including, but not limited to, the frequency of inspection, the cashflow through the machine, the amount of revenue derived by other machines in the vicinity, prior revenues generated, the nature and persistence of the violation, and prior violations by the same person or establishment.

(e)No peace officer, as defined in Section 830 of the Penal Code, shall check tally counters, provided, however, that an ordinance adopted pursuant to this section may provide for checking of tally counters by a person or persons employed by the adopting county, city, or city and county, other than a peace officer, on a predetermined schedule.

(f)This section shall not be construed to limit, or otherwise affect, any other power of a county, city, or city and county to license, tax, or regulate business or commercial enterprises or property within their jurisdiction, but shall be in addition to those powers.