HomeMy WebLinkAbout2015-04-14 - AGENDA REPORTS - STATE LEG AB 266 (COOLEY) (2)Agenda Item: 3
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:
DATE: April 14, 2015
SUBJECT: STATE LEGISLATION: ASSEMBLY BILL 266
DEPARTMENT: City Manager's Office
PRESENTER: Matthew Levesque
RECOMMENDED ACTION
City Council adopt the recommendation of the City Council Legislative Subcommittee to support
Assembly Bill 266 (Cooley), related to the regulation of inedical marijuana, and transmit letters
Of Support to Assembly Member Ken Cooley, Santa Clarita's state legislative delegation,
appropriate legislative committees, Governor Brown, and the League of California Cities.
BACKGROUND
Assembly Bill 266 (AB 266) was introduced by Assembly Member Ken Cooley (D -8 -Rancho
Cordova) on February 10, 2015. Existing law, the Compassionate Use Act of 1996, an initiative
measure enacted by the approval of Proposition 215 at the November 6, 1996, statewide general
election, authorizes the use of rnarijuana for medical purposes. Existing law enacted by the
Legislature requires the establishment of a program for the issuance of identification cards to
qualified patients so that they may legally use marijuana for medical purposes and requires the
establishment of guidelines for the lawful cultivation of marijuana grown for inedical use.
AB 266 would require the Department of Consumer Affairs (DCA) to establish a Bureau Of
Medical Marijuana Regulation to conduct background checks and issue conditional licenses to
dispensing facilities and cultivation sites that provide, process, transport, and g -row marijuana for
inedical use. AB 266 upholds the authority of local governments to ban the operation of medical
marijuana dispensaries within their jurisdiction by making the issuance of facility operating
licenses subject to the. restrictions of the local jurisdiction in which the facility operates, or
proposes to operate, and specifies that even if a conditional license has been granted by the state,
local governments maintain control over the suspension and revocation of licenses. The bill
would also establish uniform health and safety standards for licensed dispensing facilities and
transporters and allow employees and owners of licensed facilities to form labor peace
agreements.
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On March 11, 2008, the Santa Clarita City Council adopted Ordinance No. 08-02, replacing the
City's temporary moratorium on medical marijuana dispensaries operating within the City of
Santa Clarita with an outright prohibition. Since the City Council adopted Ordinance No. 08-02,
there have been several attempts in the State Legislature with the intention of preempting local
control in areas such as municipal zoning, permit decisions, and operating licenses. AB 266
safeguards the right of local governments to decide whether to regulate or prohibit medical
marijuana cultivation and distribution within their jurisdiction.
AB 266 was referred to the Assembly Committee on Business and Professions and the Assembly
Committee on Labor and Employment on March 9, 2015.
The League of California Cities is a coauthor with the California Police Chiefs Association of
AB 266. If enacted, AB 266 will preserve the City of Santa Clarita's outright prohibition of
medical marijuana dispensaries.
During the City Council Legislative Subcommittee meeting on March 10, 2015, Councilmember
Boyclston asked for clarification on two sections within AB 266 regarding the bill's proposed
changes to the California Labor Code and the restrictions the bill would place on Public Records
Act requests. Staff has inquired with the League ofCalifornia Cities, a coauthor of the
legislation, for clarification on these sections.
The first section in which clarification was requested was Section 8 on page 38 regarding
amendments the proposed legislation would make to the California Labor Code relating to
agricultural employers. Under the proposed bill, employees of licensed medical marijuana
dispensaries and cultivations sites would be considered agricultural employees and have the
ability to join labor organizations; however, the bill requires that labor peace agreements be
established to prevent workplace stoppages that would otherwise interfere with the operations of
the business. Additionally, business owners would agree to not interfere with a labor
organizatioWs efforts to represent employees.
The second section in which clarification was requested was Section 12 on page 39 regarding
limitations the legislation would impose on the public's right to access public meetings and
agency information under the Public Records Act. AB 266 explains that any limitations placed
on access to public information are due to restrictions placed on the confidentiality of medical
information under the federal Health Insurance Portability and Accountability Act (I-I]PAA).
Under existing constitutional provisions, anytime an item of legislation would limit the
disclosure of information under the Public Records Act, the statute that limits the right to access
that information must be adopted in conjunction with findings that demonstrate the need for the
limitation. The inclusion of Section 12 on page 39 is to ensure the legislation protects
confidential medical information in order to avoid a HIPPA violation.
The City Council Legislative Subcommittee recommends that the City Council adopt a "support"
position for AB 266.
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ALTERNATIVE ACTION
1. Adopt an "oppose" position on AB 266
2. Take no position on AB 266
3. Refer AB 266 back to the Legislative Subcommittee
4. Other direction as determined by the City Council
FISCAL IMPACT
No additional resources, beyond those contained within the adopted FY 2014/15 City budget, are
required for implementation of the recommended action.
ATTACHMENTS
Assembly Bill 266 as Introduced February 10, 2015
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