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SB-1143 Housing restrictions: sex offenders.(2017-2018)

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Date Published: 03/19/2018 09:00 PM
SB1143:v98#DOCUMENT

Amended  IN  Senate  March 19, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1143


Introduced by Senator Vidak

February 14, 2018


An act to amend Section 19801 of the Business and Professions Code, relating to gambling. add Sections 1102.18 and 1941.8 to the Civil Code, relating to housing restrictions.


LEGISLATIVE COUNSEL'S DIGEST


SB 1143, as amended, Vidak. Gambling Control Act: findings and declarations. Housing restrictions: sex offenders.
Existing law requires a person convicted of certain sex-related offenses to register annually, as specified, with local law enforcement officials in the area in which he or she resides. Existing law makes information about registered sex offenders available to the public via an Internet Web site. Existing law prohibits the use of this information for purposes of housing or accommodation unless it is to protect a person at risk.
Existing law requires certain disclosures to be made when transferring real property. Existing law prescribes the rights and duties of landlords and tenants.
This bill would require a person who is required to register as a sex offender for a conviction involving a victim under 18 years of age, when seeking to purchase or rent a residential housing unit located within 1/4 mile from a school, park, or child care facility, as defined, to disclose to the seller or landlord the fact that he or she is a registered sex offender.
This bill would authorize a seller to refuse to sell to a person based on that disclosure, or, if the disclosure is not made or is made after entry into a sales contract, to rescind the sales contract without penalty. The bill would also authorize a landlord to refuse to rent to a person based on that disclosure, or, if the disclosure is not made or is made after entry into a housing rental agreement, to cause the person to be evicted.

The Gambling Control Act provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Existing law makes related findings and declarations.

This bill would make technical, nonsubstantive changes to these findings and declarations.

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

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


SECTION 1.

 Section 1102.18 is added to the Civil Code, to read:

1102.18.
 (a) A prospective purchaser of residential real property subject to this article that is located within one-quarter mile from an existing school, park, or licensed child care center shall, if he or she is a person required to register pursuant to Section 290 of the Penal Code for an offense in which the victim was under 18 years of age, disclose that fact to the seller before entering into a contract of sale.
(b) Notwithstanding Section 290.46 of the Penal Code, a seller of residential real property described in subdivision (a) may refuse to enter into a sales contract with a person described in subdivision (a) based upon his or her disclosure. If a required disclosure is not made or is made after entry into a sales contract, the seller may rescind that contract without penalty on the basis of the purchaser’s status as a person required to register.
(c) As used in this section, the following terms have the following meanings:
(1) “Park” means an outdoor recreational area specifically designed to be used by children that has play equipment installed, including public grounds designed for athletic activities, such as baseball, football, soccer, or basketball, or a similar facility located on city or county park grounds.
(2) “School” means a preschool or public or private school having kindergarten or any of grades 1 to 12, inclusive.

SEC. 2.

 Section 1941.8 is added to the Civil Code, to read:

1941.8.
 (a) A person seeking to hire a dwelling unit subject to this chapter that is located within one-quarter mile from an existing school, park, or licensed child care center shall, if he or she is a person required to register pursuant to Section 290 of the Penal Code for an offense in which the victim was under 18 years of age, disclose that fact to the landlord before entering an agreement to hire.
(b) Notwithstanding Section 290.46 of the Penal Code, a landlord of property described in subdivision (a) may refuse to enter into an agreement to hire a dwelling unit to a person described in subdivision (a) based upon his or her disclosure. If a required disclosure is not made or is made after entry into an agreement, the landlord may cause that person to be evicted.
(c) As used in this section, the following terms have the following meanings:
(1) “Park” means an outdoor recreational area specifically designed to be used by children that has play equipment installed, including public grounds designed for athletic activities, such as baseball, football, soccer, or basketball, or a similar facility located on city or county park grounds.
(2) “School” means a preschool or public or private school having kindergarten or any of grades 1 to 12, inclusive.

SECTION 1.Section 19801 of the Business and Professions Code is amended to read:
19801.

The Legislature hereby finds and declares all of the following:

(a)State law prohibits commercially operated lotteries, banked or percentage games, and gambling machines, and strictly regulates parimutuel wagering on horse racing. To the extent that state law categorically prohibits certain forms of gambling and prohibits gambling devices, nothing herein shall be construed, in any manner, to reflect a legislative intent to relax those prohibitions.

(b)The State of California has permitted the operation of gambling establishments for more than 100 years. Gambling establishments were first regulated by the State of California pursuant to legislation which was enacted in 1984. Gambling establishments currently employ more than 20,000 people in the State of California, and contribute more than one hundred million dollars ($100,000,000) in taxes and fees to California’s government. Gambling establishments are lawful enterprises in the State of California, and are entitled to full protection of the laws of this state.

(c)Gambling can become addictive and is not an activity to be promoted or legitimized as entertainment for children and families.

(d)Unregulated gambling enterprises are inimical to the public health, safety, welfare, and good order. Accordingly, no person in this state has a right to operate a gambling enterprise except as may be expressly permitted by the laws of this state and by the ordinances of local governmental bodies.

(e)It is the policy of this state that gambling activities that are not expressly prohibited or regulated by state law may be prohibited or regulated by local government. Moreover, it is the policy of this state that no new gambling establishment may be opened in a city, county, or city and county in which a gambling establishment was not operating on and before January 1, 1984, except upon the affirmative vote of the electors of that city, county, or city and county.

(f)It is not the purpose of this chapter to expand opportunities for gambling, or to create any right to operate a gambling enterprise in this state or to have a financial interest in any gambling enterprise. Rather, it is the purpose of this chapter to regulate businesses that offer otherwise lawful forms of gambling games.

(g)Public trust that permissible gambling will not endanger public health, safety, or welfare requires that comprehensive measures be enacted to ensure that gambling is free from criminal and corruptive elements, that it is conducted honestly and competitively, and that it is conducted in suitable locations.

(h)Public trust and confidence can only be maintained by strict and comprehensive regulation of all persons, locations, practices, associations, and activities related to the operation of lawful gambling establishments and the manufacture and distribution of permissible gambling equipment.

(i)All gambling operations, all persons having a significant involvement in gambling operations, all establishments where gambling is conducted, and all manufacturers, sellers, and distributors of gambling equipment shall be licensed and regulated to protect the public health, safety, and general welfare of the residents of this state as an exercise of the police powers of the state.

(j)To ensure that gambling is conducted honestly, competitively, and free of criminal and corruptive elements, a licensed gambling establishment in this state shall remain open to the general public, and the access of the general public to licensed gambling activities shall not be restricted in any manner, except as provided by the Legislature. However, subject to state and federal prohibitions against discrimination, nothing herein shall be construed to preclude exclusion of unsuitable persons from licensed gambling establishments in the exercise of reasonable business judgment.

(k)In order to effectuate state policy as declared in this section, it is necessary that gambling establishments, activities, and equipment be licensed, that persons participating in those activities be licensed or registered, that certain transactions, events, and processes involving gambling establishments and owners of gambling establishments be subject to prior approval or permission, that unsuitable persons not be permitted to associate with gambling activities or gambling establishments, and that gambling activities take place only in suitable locations. A license or permit issued, or other approval granted pursuant to this chapter, is declared to be a revocable privilege, and no holder acquires any vested right in that license, permit, or other approval or under this chapter.

(l)The location of lawful gambling premises, the hours of operation of those premises, the number of tables permitted in those premises, and wagering limits in permissible games conducted in those premises are proper subjects for regulation by local governmental bodies. However, consideration of those same subjects by a state regulatory agency, as specified in this chapter, is warranted when local governmental regulation respecting those subjects is inadequate or the regulation fails to safeguard the legitimate interests of residents in other governmental jurisdictions.

(m)The exclusion or ejection of certain persons from a gambling establishment is necessary to effectuate the policies of this chapter and to maintain effectively the strict regulation of licensed gambling.

(n)Records and reports of cash and credit transactions involving gambling establishments may have a high degree of usefulness in criminal and regulatory investigations and, therefore, licensed gambling operators may be required to keep records and make reports concerning significant cash and credit transactions.